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 a county may	1646
be merged as provided in this section, if both of the following	1647
apply:	1648

(1) The county has a population of less than one hundred	1649
thousand, as determined by the most recent federal decennial	1650
census.	1651

(2) The largest portion of the population of two or more	1652
school districts is primarily located within the county.	1653

(B) A petition may be filed with the board of elections	1654
proposing that two or more school districts whose territory is	1655
primarily located within a county meeting the qualifications of	1656
division (A) of this section form a commission to study the	1657
proposed merger of the school districts. The petition may be	1658
presented in separate petition papers. Each petition paper shall	1659
contain, in concise language, the purpose of the petition and the	1660
names of five electors of each school district proposed to be	1661
merged to serve as commissioners on the merger study commission.	1662
The petition shall be governed by the rules of section 3501.38 of	1663
the Revised Code.	1664

A petition filed under this section shall contain signatures	1665
of electors of each school district proposed to be merged,	1666
numbering not less than ten per cent of the number of electors	1667
residing in that district who voted for the office of governor at	1668
the most recent general election for that office. The petition	1669
shall be filed with the board of elections of the county described	1670
by division (A) of this section. The board of elections of the	1671
county in which the petition is required to be filed shall	1672
ascertain the validity of all signatures on the petition and may	1673
require the assistance of boards of elections of other counties if	1674
any of the school districts proposed to be merged are located	1675
partially in a county other than the one in which the petition is	1676
required to be filed.	1677

(C)(1) If the board of elections of the county in which	1678
the petition is required to be filed determines that the petition	1679
is sufficient, the board shall submit the following question for	1680
the approval or rejection of the electors of each school district	1681
proposed to be merged at the next general election occurring at	1682
least seventy-five days after the date the petition is filed:	1683
"Shall a commission be established to study the proposed merger of	1684
any or all of the school districts in this county and, if a merger	1685
is considered desirable, to draw up a statement of conditions for	1686
that proposed merger?" The ballot shall include, for each of the	1687
school districts proposed to be merged, the names of the five	1688
electors identified in the petition, who shall constitute the	1689
commissioners on behalf of that district.	1690

(2) If any of the school districts for which merger is	1691
proposed are located partially in a county other than the one in	1692
which the petition is required to be filed, the board of elections	1693
of the county in which the petition is required to be filed shall,	1694
if the petition is found to be sufficient, certify the sufficiency	1695
of that petition and the statement of the issue to be voted on to	1696
the boards of elections of those other counties. The boards of	1697
those other counties shall submit the question of merging and the	1698
names of candidates to be elected to the commission for the	1699
approval or rejection of electors in the portions of the school	1700
districts proposed to be merged that are located within their	1701
respective counties. Upon the holding of the election, those	1702
boards shall certify the results to the board of elections of the	1703
county in which the petition is required to be filed.	1704

(D) A petition shall not be deemed insufficient for all	1705
school districts proposed to be merged if it contains the	1706
signatures of less than ten per cent of the electors who voted for	1707
the office of governor at the most recent general election for	1708
that office in a particular school district. If the petition	1709
contains a sufficient number of signatures and is otherwise	1710
determined by the board of elections to be sufficient for at least	1711
two school districts proposed to be merged, the board shall submit	1712
the question of the proposed merger for the approval or rejection	1713
of voters under division (C) of this section in each of the	1714
districts for which the petition was determined to be sufficient.	1715
The board shall not submit the question of the proposed merger for	1716
the approval or rejection of voters under division (C) of this	1717
section for any school district for which a petition contains an	1718
insufficient number of signatures or for which the board otherwise	1719
determines the petition to be insufficient.	1720

(E)(1) If the question of forming a merger study commission	1721
as provided in division (C) of this section is approved by a	1722
majority of those voting on it in at least two school districts,	1723
the commission shall be established and the five candidates from	1724
each school district in which the question was approved shall be	1725
elected to the commission to study the proposed merger and to	1726
formulate any conditions of any proposed merger if a merger is	1727
considered desirable after study by the commission. Any school	1728
district that disapproved of the question of forming a merger	1729
study commission by a majority of those voting on it shall not be	1730
included in, and its proposed candidates shall not be elected to,	1731
the commission.	1732

(2) The first meeting of the commission shall be held in the	1733
regular meeting place of the board of county commissioners of the	1734
county in which the petition is required to be filed, at nine a.m.	1735
on the tenth day after the certification of the election by the	1736
last of the respective boards of elections to make such	1737
certification, unless that day is a Saturday, Sunday, or a	1738
holiday, in which case the first meeting shall be held on the next	1739
day thereafter that is not a Saturday, Sunday, or holiday. The	1740
president of the school board of the school district with the	1741
largest population of the districts that approved the question of	1742
forming a merger study commission under division (C) of this	1743
section shall serve as temporary chairperson until permanent	1744
officers are elected. The commission shall immediately elect its	1745
own permanent officers and shall proceed to meet as often as	1746
necessary to study the proposed merger, determine whether a	1747
proposed merger is desirable, and formulate any conditions for any	1748
proposed merger. All meetings of the commission shall be subject	1749
to the requirements of section 121.22 of the Revised Code.	1750

(3) The conditions for a proposed merger may provide for the	1751
election of school board members for the new school district and	1752
any other conditions that a majority of the members of the	1753
commission from each school district find necessary. The	1754
conditions for the proposed merger also may provide that the	1755
merger, if approved, shall not become effective until the date on	1756
which any required changes in state law necessary for the school	1757
district merger to occur become effective.	1758

(4) As soon as the commission determines that a merger is	1759
not desirable or finalizes the conditions for a proposed merger,	1760
the commission shall report this fact, and the name of each school	1761
district proposed for merger in which the majority of the	1762
district's commissioners have agreed to the conditions for merger,	1763
to the board of elections of each of the counties in which the	1764
school districts proposed for merger are located.	1765

The question shall be submitted to the voters in each school	1766
district in which the majority of the district's commissioners	1767
have agreed to the conditions for merger at the next general	1768
election occurring after the commission is elected. The question	1769
shall not be submitted to the voters in any school district in	1770
which a majority of that district's commissioners have not agreed	1771
to the conditions for merger. The board of elections shall not	1772
submit the conditions for merger to the voters in any district if	1773
the conditions for merger include the merging of any district in	1774
which the majority of that district's commissioners have not	1775
agreed to the conditions for merger.	1776

The boards of elections shall submit the conditions of	1777
proposed merger for the approval or rejection of the electors in	1778
the portions of the school districts proposed to be merged within	1779
their respective counties. Upon the holding of that election, the	1780
boards of elections shall certify the results to the board of	1781
elections of the county in which the petition is required to be	1782
filed.	1783

Regardless of whether the commission succeeds in reaching	1784
agreement, the commission shall cease to exist on the	1785
seventy-fifth day prior to the next general election after the	1786
commission is elected.	1787

(F) If the conditions of merger agreed upon by the merger	1788
commission are disapproved by a majority of those voting on them	1789
in any school district proposed to be merged, the merger shall not	1790
occur. If the conditions of merger are approved by a majority of	1791
those voting on them in each school district proposed to be	1792
merged, the merger shall be effective on the date specified in the	1793
merger conditions, unless the conditions of merger specify changes	1794
required to be made in state law for the merger to occur, in which	1795
case the merger shall be effective on the date on which those	1796
changes to state law become effective.	1797

Sec. 3318.023.  Notwithstanding anything to the contrary in	1798
section 3318.02 of the Revised Code, each fiscal year, at the time	1799
that the Ohio school facilities commission conditionally approves	1800
projects of school districts under section 3318.01 to 3318.20 of	1801
the Revised Code for which it plans to provide assistance under	1802
those sections for that fiscal year, the commission also shall	1803
identify the next ten school districts from lowest to highest in	1804
order of the ranking calculated for the previous fiscal year under	1805
division (D) of section 3318.011 of the Revised Code that have not	1806
yet been conditionally approved for assistance under section	1807
3318.01 to 3318.20 of the Revised Code. Those districts shall	1808
have priority in the order of such ranking with the lowest	1809
valuation having the highest priority for future assistance under	1810
those sections over all other school districts except for	1811
districts receiving assistance under division (B)(2) of section	1812
3318.04, section 3318.37, or section 3318.38 of the Revised Code	1813
or districts that have priority under section 3318.05 of the	1814
Revised Code.	1815

Sec. 3318.03.  Before conducting an on-site evaluation of a	1816
school district under section 3318.02 of the Revised Code, at the	1817
request of the district board of education, the Ohio school	1818
facilities commission shall examine any classroom facilities needs	1819
assessment that has been conducted by the district and any master	1820
plan developed for meeting the facility needs of the district.	1821

Upon conducting the on-site evaluation under section 3318.02	1822
of the Revised Code, the Ohio school facilities commission shall	1823
make a determination of all of the following:	1824

(A) The needs of the school district for additional	1825
classroom facilities;	1826

(B) The number of classroom facilities to be included in a	1827
project, including classroom facilities authorized by a bond issue	1828
described in section 3318.033 of the Revised Code, and the basic	1829
project cost of constructing, acquiring, reconstructing, or making	1830
additions to each such facility;	1831

(C) The amount of such cost that the school district can	1832
supply from available funds, by the issuance of bonds previously	1833
authorized by the electors of the school district the proceeds of	1834
which can lawfully be used for the project, including bonds	1835
authorized by the district's electors as described in section	1836
3318.033 of the Revised Code, and by the issuance of bonds under	1837
section 3318.05 of the Revised Code;	1838

(D) The remaining amount of such cost that shall be supplied	1839
by the state;	1840

(E) If the state's portion of the basic project cost exceeds	1841
twenty-five million dollars, theThe amount of the state's portion	1842
to be encumbered in accordance with section 3318.11 of the Revised	1843
Code in the current and subsequent fiscal bienniums from funds	1844
appropriated for purposes of sections 3318.01 to 3318.20 of the	1845
Revised Code.	1846

The commission shall make a determination in favor of	1847
constructing, acquiring, reconstructing, or making additions to a	1848
classroom facility only upon evidence that the proposed project	1849
conforms to sound educational practice, that it is in keeping with	1850
the orderly process of school district reorganization and	1851
consolidation, and that the actual or projected enrollment in each	1852
classroom facility proposed to be included in the project is at	1853
least three hundred fifty pupils. Exceptions shall be authorized	1854
only in those districts where topography, sparsity of population,	1855
and other factors make larger schools impracticable.	1856

Sections 125.81 and 153.04 of the Revised Code shall not	1857
apply to classroom facilities constructed under sections 3318.01	1858
to 3318.20 of the Revised Code.	1859

Sec. 3318.04.  (A) If the Ohio school facilities commission	1860
makes a determination under section 3318.03 of the Revised Code in	1861
favor of constructing, acquiring, reconstructing, or making	1862
additions to a classroom facility, the project shall be	1863
conditionally approved. Such conditional approval shall be	1864
submitted to the controlling board for approval thereof. The	1865
controlling board shall forthwith approve or reject the	1866
commission's determination, conditional approval, the amount of	1867
the state's portion of the basic project cost, and, if the state's	1868
portion exceeds twenty-five million dollars, the amount of the	1869
state's portion to be encumbered in the current fiscal biennium.	1870
In the event of approval thereof by the controlling board, the	1871
commission shall certify such conditional approval to the school	1872
district board and shall encumber from the total funds	1873
appropriated for the purpose of sections 3318.01 to 3318.20 of the	1874
Revised Code the amount of the state's portion of the basic	1875
project cost or, if the state's portion exceeds twenty-five	1876
million dollars, the amount approved under this section to be	1877
encumbered in the current fiscal biennium.	1878

The basic project cost for a project approved under this	1879
section shall not exceed the cost that would otherwise have to be	1880
incurred if the classroom facilities to be constructed, acquired,	1881
or reconstructed, or the additions to be made to classroom	1882
facilities, under such project meet, but do not exceed, the	1883
specifications for plans and materials for classroom facilities	1884
adopted by the commission.	1885

(B)(1) No school district shall have a project conditionally	1886
approved pursuant to this section if the school district has	1887
already received any assistance for a project funded under any	1888
version of sections 3318.01 to 3318.20 of the Revised Code, and	1889
the prior project was one for which the electors of such district	1890
approved a levy within the last twenty years pursuant to any	1891
version of section 3318.06 of the Revised Code for purposes of	1892
qualifying for the funding of that project, unless the district	1893
demonstrates to the satisfaction of the commission that the	1894
district has experienced since approval of its prior project an	1895
exceptional increase in enrollment significantly above the	1896
district's design capacity under that prior project as determined	1897
by rule of the commission.	1898

(2) Notwithstanding division (B)(1) of this section, any	1899
school district that received assistance under sections 3318.01 to	1900
3318.20 of the Revised Code, as those sections existed prior to	1901
May 20, 1997, may receive additional assistance under those	1902
sections, as they exist on and after May 20, 1997, prior to the	1903
expiration of the period of time required under division (B)(1) of	1904
this section, if the percentile in which the school district is	1905
located, as determined under section 3318.011 of the Revised Code,	1906
is eligible for assistance as prescribed in section 3318.02 of the	1907
Revised Code.	1908

The commission may provide assistance under sections 3318.01	1909
to 3318.20 of the Revised Code pursuant to this division to no	1910
more than five school districts per fiscal year until all eligible	1911
school districts have received the additional assistance	1912
authorized under this division. The commission shall establish	1913
application procedures, deadlines, and priorities for funding	1914
projects under this division.	1915

The commission at its discretion may waive current design	1916
specifications it has adopted for projects under sections 3318.01	1917
to 3318.20 of the Revised Code when assessing an application for	1918
additional assistance under this division for the renovation of	1919
classroom facilities constructed or renovated under a school	1920
district's previous project. If the commission finds that a	1921
school district's existing classroom facilities are adequate to	1922
meet all of the school district's needs, the commission may	1923
determine that no additional state assistance be awarded to a	1924
school district under this division.	1925

In order for a school district to be eligible to receive any	1926
additional assistance under this division, the school district	1927
electors shall extend the school district's existing levy	1928
dedicated for maintenance of classroom facilities under Chapter	1929
3318. of the Revised Code, pursuant to section 3318.061 of the	1930
Revised Code or shall provide equivalent alternative maintenance	1931
funds as specified in division (B)(A)(2) of section 3318.06 of the	1932
Revised Code.	1933

(3) Notwithstanding division (B)(1) of this section, any	1934
school district that has received assistance under sections	1935
3318.01 to 3318.20 of the Revised Code after May 20, 1997, may	1936
receive additional assistance if the commission decides in favor	1937
of providing such assistance pursuant to section 3318.042 of the	1938
Revised Code.	1939

Sec. 3318.05.  The conditional approval of the Ohio school	1940
facilities commission for a project shall lapse and the amount	1941
reserved and encumbered for such project shall be released unless	1942
the school district board accepts such conditional approval within	1943
one hundred twenty days following the date of certification of the	1944
conditional approval to the school district board and the electors	1945
of the school district vote favorably on both of the propositions	1946
described in divisions (A) and (B) of this section within one year	1947
of the date of such certification, except that a school district	1948
described in division (C) of this section does not need to submit	1949
the proposition described in division (B) of this section. The	1950
propositions described in divisions (A) and (B) of this section	1951
shall be combined in a single proposal. If the district board or	1952
the district's electors fail to meet such requirements and the	1953
amount reserved and encumbered for the district's project is	1954
released, the district shall be given first priority for project	1955
funding as such funds become available.	1956

(A) On the question of issuing bonds of the school district	1957
board, for the school district's portion of the basic project	1958
cost, in an amount equal to the school district's portion of the	1959
basic project cost less any deduction made under section 3318.033	1960
of the Revised Code and less the amount of the proceeds of any	1961
securities authorized or to be authorized under division (J) of	1962
section 133.06 of the Revised Code and dedicated by the school	1963
district board to payment of the district's portion of the basic	1964
project cost; and	1965

(B) On the question of levying a tax the proceeds of which	1966
shall be used to pay the cost of maintaining the classroom	1967
facilities included in the project. Such tax shall be at the rate	1968
of not less than one-half mill for each dollar of valuation for a	1969
period of twenty-three years, subject to any extension approved	1970
under section 3318.061 of the Revised Code.	1971

(C) If a school district has in place a tax levied under	1972
section 5705.21 of the Revised Code for general ongoing permanent	1973
improvements of at least two mills for each dollar of valuation	1974
and the proceeds of such tax can be used for maintenance, the	1975
school district need not levy the additional tax required under	1976
division (B) of this section, provided the school district board	1977
includes in the agreement entered into under section 3318.08 of	1978
the Revised Code provisions earmarking an amount from the proceeds	1979
of that permanent improvement tax for maintenance of classroom	1980
facilities equivalent to the amount of the additional tax and for	1981
the equivalent number of years otherwise required under this	1982
section.	1983

(D) Proceeds of the tax to be used for maintenance of the	1984
classroom facilities under either division (B) or (C) of this	1985
section shall be deposited into a separate fund established by the	1986
school district for such purpose.	1987

Sec. 3318.056.  A school district may adopt a resolution	1988
proposing that any of the following questions be combined with the	1989
questions specified in divisions (A) and (B) of section 3318.05 of	1990
the Revised Code:	1991

(A) A bond issue question under section 133.18 of the	1992
Revised Code;	1993

(B) A tax levy question under section 5705.21 of the	1994
Revised Code;	1995

(C) A combined bond issue and tax levy question under	1996
section 5705.218 of the Revised Code;	1997

(D) A school district income tax question under section	1998
5748.08 of the Revised Code.	1999

Any question described in divisions (A) to (D) of this	2000
section that is combined with a question proposed under divisions	2001
(A) and (B) of section 3318.05 of the Revised Code shall be for	2002
the purpose of either paying for any permanent improvement as	2003
defined in section 133.01 of the Revised Code or generating	2004
operating revenue specifically for the facilities acquired under	2005
the school district's project under Chapter 3318. of the Revised	2006
Code or for both to the extent such purposes are permitted by the	2007
sections of law under which each is proposed.	2008

Sec. 3318.06. (A) After receipt of the conditional approval	2009
of the Ohio school facilities commission, the school district	2010
board by a majority of all of its members shall, if it desires to	2011
proceed with the project, declare all of the following by	2012
resolution:	2013

(A)(1) That by issuing bonds in an amount equal to the	2014
school district's portion of the basic project cost, including	2015
bonds previously authorized by the district's electors as	2016
described in section 3318.033 of the Revised Code, the district is	2017
unable to provide adequate classroom facilities without assistance	2018
from the state;	2019

(B)(2) Unless the school district board has resolved to	2020
apply the proceeds of a property tax or the proceeds of an income	2021
tax, or a combination of proceeds from such taxes, as authorized	2022
under section 3318.052 of the Revised Code, that to qualify for	2023
such state assistance it is necessary to do either of the	2024
following:	2025

(1)(a) Levy a tax outside the ten-mill limitation the	2026
proceeds of which shall be used to pay the cost of maintaining the	2027
classroom facilities included in the project;	2028

(2)(b) Earmark for maintenance of classroom facilities from	2029
the proceeds of an existing permanent improvement tax levied under	2030
section 5705.21 of the Revised Code, if such tax is of at least	2031
two mills for each dollar of valuation and can be used for	2032
maintenance, an amount equivalent to the amount of the additional	2033
tax otherwise required under this section and sections 3318.05 and	2034
3318.08 of the Revised Code.	2035

(C)(3) That the question of any tax levy specified in a	2036
resolution described in division (B)(1)(A)(2)(a) of this section,	2037
if required, shall be submitted to the electors of the school	2038
district at the next general or primary election, if there be a	2039
general or primary election not less than seventy-five and not	2040
more than ninety-five days after the day of the adoption of such	2041
resolution or, if not, at a special election to be held at a time	2042
specified in the resolution which shall be not less than	2043
seventy-five days after the day of the adoption of the resolution	2044
and which shall be in accordance with the requirements of section	2045
3501.01 of the Revised Code.	2046

Such resolution shall also state that the question of issuing	2047
bonds of the board shall be combined in a single proposal with the	2048
question of such tax levy. More than one election under this	2049
section may be held in any one calendar year. Such resolution	2050
shall specify both of the following:	2051

(1)(a) That the rate which it is necessary to levy shall be	2052
at the rate of not less than one-half mill for each one dollar of	2053
valuation, and that such tax shall be levied for a period of	2054
twenty-three years;	2055

(2)(b) That the proceeds of the tax shall be used to pay the	2056
cost of maintaining the classroom facilities included in the	2057
project.	2058

(B) A copy of sucha resolution adopted under division (A)	2059
of this section shall after its passage and not less than	2060
seventy-five days prior to the date set therein for the election	2061
be certified to the county board of elections.	2062

The resolution of the school district board, in addition to	2063
meeting other applicable requirements of section 133.18 of the	2064
Revised Code, shall state that the amount of bonds to be issued	2065
will be an amount equal to the school district's portion of the	2066
basic project cost, and state the maximum maturity of the bonds	2067
which, notwithstanding section 133.20 of the Revised Code, may be	2068
any number of years not exceeding twenty-threethe term calculated	2069
under section 133.20 of the Revised Code as determined by the	2070
board. In estimating the amount of bonds to be issued, the board	2071
shall take into consideration the amount of moneys then in the	2072
bond retirement fund and the amount of moneys to be collected for	2073
and disbursed from the bond retirement fund during the remainder	2074
of the year in which the resolution of necessity is adopted.	2075

If the bonds are to be issued in more than one series, the	2076
resolution may state, in addition to the information required to	2077
be stated under division (B)(3) of section 133.18 of the Revised	2078
Code, the number of series, which shall not exceed five, the	2079
principal amount of each series, and the approximate date each	2080
series will be issued, and may provide that no series, or any	2081
portion thereof, may be issued before such date. Upon such a	2082
resolution being certified to the county auditor as required by	2083
division (C) of section 133.18 of the Revised Code, the county	2084
auditor, in calculating, advising, and confirming the estimated	2085
average annual property tax levy under that division, shall also	2086
calculate, advise, and confirm by certification the estimated	2087
average property tax levy for each series of bonds to be issued.	2088

Notice of the election shall include the fact that the tax	2089
levy shall be at the rate of not less than one-half mill for each	2090
one dollar of valuation for a period of twenty-three years, and	2091
that the proceeds of the tax shall be used to pay the cost of	2092
maintaining the classroom facilities included in the project.	2093

If the bonds are to be issued in more than one series, the	2094
board of education, when filing copies of the resolution with the	2095
board of elections as required by division (D) of section 133.18	2096
of the Revised Code, may direct the board of elections to include	2097
in the notice of election the principal amount and approximate	2098
date of each series, the maximum number of years over which the	2099
principal of each series may be paid, the estimated additional	2100
average property tax levy for each series, and the first calendar	2101
year in which the tax is expected to be due for each series, in	2102
addition to the information required to be stated in the notice	2103
under division (E)(3)(a) to (e) of section 133.18 of the Revised	2104
Code.	2105

The(C)(1) Except as otherwise provided in division (C)(2)	2106
of this section, the form of the ballot to be used at such	2107
election shall be:	2108

"A majority affirmative vote is necessary for passage.

2109

Shall bonds be issued by the ............ (here insert name	2110
of school district) school district to pay the local share of	2111
school construction under the State of Ohio Classroom Facilities	2112
Assistance Program in the principal amount of ............ (here	2113
insert principal amount of the bond issue), to be repaid annually	2114
over a maximum period of ............ (here insert the maximum	2115
number of years over which the principal of the bonds may be paid)	2116
years, and an annual levy of property taxes be made outside the	2117
ten-mill limitation, estimated by the county auditor to average	2118
over the repayment period of the bond issue ............ (here	2119
insert the number of mills estimated) mills for each one dollar of	2120
tax valuation, which amounts to ............ (rate expressed in	2121
cents or dollars and cents, such as "thirty-six cents" or "$0.36")	2122
for each one hundred dollars of tax valuation to pay the annual	2123
debt charges on the bonds and to pay debt charges on any notes	2124
issued in anticipation of the bonds?"	2125

and, unless the additional levy

2126

of taxes is not required pursuant

2127

to division (C) of section

2128

3318.05 of the Revised Code,

2129

"Shall an additional levy of taxes be made for a period of	2130
twenty-three years to benefit the ............ (here insert name	2131
of school district) school district, the proceeds of which shall	2132
be used to pay the cost of maintaining the classroom facilities	2133
included in the project at the rate of .......... (here insert the	2134
number of mills, which shall not be less than one-half mill) mills	2135
for each one dollar of valuation?	2136

2137

2140

(2) If authority is sought to issue bonds in more than one	2141
series and the board of education so elects, the form of the	2142
ballot shall be as prescribed in section 3318.062 of the Revised	2143
Code. If the board of education elects the form of the ballot	2144
prescribed in that section, it shall so state in the resolution	2145
adopted under this section.	2146

(D) If it is necessary for the school district to acquire a	2147
site for the classroom facilities to be acquired pursuant to	2148
sections 3318.01 to 3318.20 of the Revised Code, the district	2149
board may propose either to issue bonds of the board or to levy a	2150
tax to pay for the acquisition of such site, and may combine the	2151
question of doing so with the questions specified in division (C)	2152
(B) of this section. Bonds issued under this division for the	2153
purpose of acquiring a site are a general obligation of the school	2154
district and are Chapter 133. securities.	2155

The form of that portion of the ballot to include the	2156
question of either issuing bonds or levying a tax for site	2157
acquisition purposes shall be one of the following:	2158

(1) "Shall bonds be issued by the ............ (here insert	2159
name of the school district) school district to pay costs of	2160
acquiring a site for classroom facilities under the State of Ohio	2161
Classroom Facilities Assistance Program in the principal amount of	2162
.......... (here insert principal amount of the bond issue), to be	2163
repaid annually over a maximum period of .......... (here insert	2164
maximum number of years over which the principal of the bonds may	2165
be paid) years, and an annual levy of property taxes be made	2166
outside the ten-mill limitation, estimated by the county auditor	2167
to average over the repayment period of the bond issue ..........	2168
(here insert number of mills) mills for each one dollar of tax	2169
valuation, which amount to .......... (here insert rate expressed	2170
in cents or dollars and cents, such as "thirty-six cents" or	2171
"$0.36") for each one hundred dollars of valuation to pay the	2172
annual debt charges on the bonds and to pay debt charges on any	2173
notes issued in anticipation of the bonds?"	2174

(2) "Shall an additional levy of taxes outside the ten-mill	2175
limitation be made for the benefit of the .......... (here insert	2176
name of the school district) .......... school district for the	2177
purpose of acquiring a site for classroom facilities in the sum of	2178
......... (here insert annual amount the levy is to produce)	2179
estimated by the county auditor to average ........ (here insert	2180
number of mills) mills for each one hundred dollars of valuation,	2181
for a period of ......... (here insert number of years the millage	2182
is to be imposed) years?"	2183

Where it is necessary to combine the question of issuing	2184
bonds of the school district and levying a tax as described in	2185
division (C)(B) of this section with the question of issuing bonds	2186
of the school district for acquisition of a site, the question	2187
specified in that division (C) of this section to be voted on	2188
shall be "For the Bond Issues and the Tax Levy" and "Against the	2189
Bond Issues and the Tax Levy."	2190

Where it is necessary to combine the question of issuing	2191
bonds of the school district and levying a tax as described in	2192
division (C)(B) of this section with the question of levying a tax	2193
for the acquisition of a site, the question specified in that	2194
division (C) of this section to be voted on shall be "For the Bond	2195
Issue and the Tax Levies" and "Against the Bond Issue and the Tax	2196
Levies."	2197

Where the school district board chooses to combine the	2198
question in division (B) of this section with any of the	2199
additional questions described in divisions (A) to (D) of section	2200
3318.056 of the Revised Code, the question specified in division	2201
(B) of this section to be voted on shall be "For the Bond Issues	2202
and the Tax Levies" and "Against the Bond Issues and the Tax	2203
Levies."	2204

If a majority of those voting upon a proposition hereunder	2205
which includes the question of issuing bonds vote in favor	2206
thereof, and if the agreement provided for by section 3318.08 of	2207
the Revised Code has been entered into, the school district board	2208
may proceed under Chapter 133. of the Revised Code, with the	2209
issuance of bonds or bond anticipation notes in accordance with	2210
the terms of the agreement.	2211

Sec. 3318.061.  This section applies only to school districts	2212
eligible to receive additional assistance under division (B)(2) of	2213
section 3318.04 of the Revised Code and to big eight districts	2214
segmenting projects under section 3318.38 of the Revised Code.	2215

The board of education of a school district in which a tax	2216
described by division (B) of section 3318.05 and levied under	2217
section 3318.06 of the Revised Code is in effect, may adopt a	2218
resolution by vote of a majority of its members to extend the term	2219
of that tax beyond the expiration of that tax as originally	2220
approved under that section. The school district board may	2221
include in the resolution a proposal to extend the term of that	2222
tax at the rate of not less than one-half mill for each dollar of	2223
valuation for a period of twenty-three years from the year in	2224
which the school district board and the Ohio school facilities	2225
commission enter into an agreement under division (B)(2) of	2226
section 3318.04 of the Revised Code or in the following year, as	2227
specified in the resolution or, as applicable in the case of a	2228
district segmenting a project under section 3318.38 of the Revised	2229
Code, from the year in which the last segment is undertaken. Such	2230
a resolution may be adopted at any time before such an agreement	2231
is entered into and before the tax levied pursuant to section	2232
3318.06 of the Revised Code expires. If the resolution is	2233
combined with a resolution to issue bonds to pay the school	2234
district's portion of the basic project cost, it shall conform	2235
with the requirements of divisions (A), (B)(1), (2), and (C)(3) of	2236
section 3318.06 of the Revised Code, except that the resolution	2237
also shall state that the tax levy proposed in the resolution is	2238
an extension of an existing tax levied under that section. A	2239
resolution proposing an extension adopted under this section does	2240
not take effect until it is approved by a majority of electors	2241
voting in favor of the resolution at a general, primary, or	2242
special election as provided in this section.	2243

A tax levy extended under this section is subject to the same	2244
terms and limitations to which the original tax levied under	2245
section 3318.06 of the Revised Code is subject under that section,	2246
except the term of the extension shall be as specified in this	2247
section.	2248

The school district board shall certify a copy of the	2249
resolution adopted under this section to the proper county board	2250
of elections not later than seventy-five days before the date set	2251
in the resolution as the date of the election at which the	2252
question will be submitted to electors. The notice of the	2253
election shall conform with the requirements of division (C)(A)(3)	2254
of section 3318.06 of the Revised Code, except that the notice	2255
also shall state that the maintenance tax levy is an extension of	2256
an existing tax levy.	2257

The form of the ballot shall be as follows:

2258

"Shall the existing tax levied to pay the cost of maintaining	2259
classroom facilities constructed with the proceeds of the	2260
previously issued bonds at the rate of .......... (here insert the	2261
number of mills, which shall not be less than one-half mill) mills	2262
per dollar of tax valuation, be extended until ........ (here	2263
insert the year that is twenty-three years after the year in which	2264
the district and commission will enter into an agreement under	2265
division (B)(2) of section 3318.04 of the Revised Code or the	2266
following year)?	2267

2268

2271

Section 3318.07 of the Revised Code applies to ballot	2272
questions under this section.	2273

Sec. 3318.062.  (A) If authority is sought to issue bonds	2274
in more than one series to pay the school district's portion of	2275
the basic project cost under sections 3318.01 to 3318.20 of the	2276
Revised Code, the form of the ballot shall be:	2277

"Shall bonds be issued by the .......... (here insert name	2278
of school district) school district to pay the local share of	2279
school construction under the State of Ohio Classroom Facilities	2280
Assistance Program in the total principal amount of ..........	2281
(total principal amount of the bond issue), to be issued in ......	2282
(number of series) series, each series to be repaid annually over	2283
not more than ...... (maximum number of years over which the	2284
principal of each series may be paid) years, and an annual levy of	2285
property taxes be made outside the ten-mill limitation to pay the	2286
annual debt charges on the bonds and on any notes issued in	2287
anticipation of the bonds, at a rate estimated by the county	2288
auditor to average over the repayment period of each series as	2289
follows: .......... (insert the following for each series: "the	2290
.......... series, in a principal amount of .......... dollars,	2291
requiring ...... mills per dollar of tax valuation, which amounts	2292
to ...... (rate expressed in cents or dollars and cents, such as	2293
"36 cents" or "$1.41") for each one hundred dollars in tax	2294
valuation, commencing in .......... and first payable in	2295
..........)?"	2296

and, unless the additional levy

2297

of taxes is not required pursuant

2298

to division (C) of section

2299

3318.05 of the Revised Code,

2300

"Shall an additional levy of taxes be made for a period of	2302
twenty-three years to benefit the .......... (here insert name of	2303
school district) school district, the proceeds of which shall be	2304
used to pay the cost of maintaining the classroom facilities	2305
included in the project at the rate of .......... (here insert the	2306
number of mills, which shall not be less than one-half mill) mills	2307
for each one dollar of valuation?	2308

2309

2312

(B) If it is necessary for the school district to acquire a	2313
site for the classroom facilities to be acquired pursuant to	2314
sections 3318.01 to 3318.20 of the Revised Code, the district	2315
board may propose either to issue bonds of the board or to levy a	2316
tax to pay for the acquisition of such site, and may combine the	2317
question of doing so with the questions specified in division (A)	2318
of this section. Bonds issued under this division for the purpose	2319
of acquiring a site are a general obligation of the school	2320
district and are Chapter 133. securities.	2321

The form of that portion of the ballot to include the	2322
question of either issuing bonds or levying a tax for site	2323
acquisition purposes shall be one of the forms prescribed in	2324
division (D) of section 3318.06 of the Revised Code.	2325

(C) Where the school district board chooses to combine the	2326
question in division (A) of this section with any of the	2327
additional questions described in divisions (A) to (D) of section	2328
3318.056 of the Revised Code, the question specified in division	2329
(A) of this section to be voted on shall be "For the Bond Issues	2330
and the Tax Levies" and "Against the Bond Issues and the Tax	2331
Levies."	2332

(D) If a majority of those voting upon a proposition	2333
prescribed in this section which includes the question of issuing	2334
bonds vote in favor of that issuance, and if the agreement	2335
prescribed in section 3318.08 of the Revised Code has been entered	2336
into, the school district board may proceed under Chapter 133. of	2337
the Revised Code with the issuance of bonds or bond anticipation	2338
notes in accordance with the terms of the agreement.	2339

Sec. 3318.08.  If the requisite favorable vote on the	2340
election is obtained, or if the school district board has resolved	2341
to apply the proceeds of a property tax levy or the proceeds of an	2342
income tax, or a combination of proceeds from such taxes, as	2343
authorized in section 3318.052 of the Revised Code, the Ohio	2344
school facilities commission, upon certification to it of either	2345
the results of the election or the resolution under section	2346
3318.052 of the Revised Code, shall enter into a written agreement	2347
with the school district board for the construction and sale of	2348
the project, which agreement shall include, but need not be	2349
limited to, the following provisions:	2350

(A) The sale and issuance of bonds or notes in anticipation	2351
thereof, as soon as practicable after the execution of the	2352
agreement, in an amount equal to the school district's portion of	2353
the basic project cost, including any bonds previously authorized	2354
by the district's electors as described in section 3318.033 of the	2355
Revised Code and any securities authorized under division (J) of	2356
section 133.06 of the Revised Code and dedicated by the school	2357
district board to payment of the district's portion of the basic	2358
project cost of the project; provided, that if at that time the	2359
county treasurer of each county in which the school district is	2360
located has not commenced the collection of taxes on the general	2361
duplicate of real and public utility property for the year in	2362
which the controlling board approved the project, the school	2363
district board shall authorize the issuance of a first installment	2364
of bond anticipation notes in an amount specified by the	2365
agreement, which amount shall not exceed an amount necessary to	2366
raise the net bonded indebtedness of the school district as of the	2367
date of the controlling board's approval to within five thousand	2368
dollars of the required level of indebtedness for the preceding	2369
year. In the event that a first installment of bond anticipation	2370
notes is issued, the school district board shall, as soon as	2371
practicable after the county treasurer of each county in which the	2372
school district is located has commenced the collection of taxes	2373
on the general duplicate of real and public utility property for	2374
the year in which the controlling board approved the project,	2375
authorize the issuance of a second and final installment of bond	2376
anticipation notes or a first and final issue of bonds.	2377

The combined value of the first and second installment of	2378
bond anticipation notes or the value of the first and final issue	2379
of bonds shall be equal to the school district's portion of the	2380
basic project cost. The proceeds of any such bonds shall be used	2381
first to retire any bond anticipation notes. Otherwise, the	2382
proceeds of such bonds and of any bond anticipation notes, except	2383
the premium and accrued interest thereon, shall be deposited in	2384
the school district's project construction fund. In determining	2385
the amount of net bonded indebtedness for the purpose of fixing	2386
the amount of an issue of either bonds or bond anticipation notes,	2387
gross indebtedness shall be reduced by moneys in the bond	2388
retirement fund only to the extent of the moneys therein on the	2389
first day of the year preceding the year in which the controlling	2390
board approved the project. Should there be a decrease in the tax	2391
valuation of the school district so that the amount of	2392
indebtedness that can be incurred on the tax duplicates for the	2393
year in which the controlling board approved the project is less	2394
than the amount of the first installment of bond anticipation	2395
notes, there shall be paid from the school district's project	2396
construction fund to the school district's bond retirement fund to	2397
be applied against such notes an amount sufficient to cause the	2398
net bonded indebtedness of the school district, as of the first	2399
day of the year following the year in which the controlling board	2400
approved the project, to be within five thousand dollars of the	2401
required level of indebtedness for the year in which the	2402
controlling board approved the project. The maximum amount of	2403
indebtedness to be incurred by any school district board as its	2404
share of the cost of the project is either an amount that will	2405
cause its net bonded indebtedness, as of the first day of the year	2406
following the year in which the controlling board approved the	2407
project, to be within five thousand dollars of the required level	2408
of indebtedness, or an amount equal to the required percentage of	2409
the basic project costs, whichever is greater. All bonds and bond	2410
anticipation notes shall be issued in accordance with Chapter 133.	2411
of the Revised Code, and notes may be renewed as provided in	2412
section 133.22 of the Revised Code.	2413

(B) The transfer of such funds of the school district board	2414
available for the project, together with the proceeds of the sale	2415
of the bonds or notes, except premium, accrued interest, and	2416
interest included in the amount of the issue, to the school	2417
district's project construction fund;	2418

(C) If section 3318.052 of the Revised Code applies, the	2419
earmarking of the proceeds of a tax levied under section 5705.21	2420
of the Revised Code for general ongoing permanent or under	2421
section 5705.218 of the Revised Code for the purpose of permanent	2422
improvements, or the proceeds of a school district income tax	2423
levied under Chapter 5748. of the Revised Code, or the proceeds	2424
from a combination of those two taxes, in an amount to pay all or	2425
part of the service charges on bonds issued to pay the school	2426
district portion of the project and an amount equivalent to all or	2427
part of the tax required under division (B) of section 3318.05 of	2428
the Revised Code.	2429

(C)(D) If section 3318.052 of the Revised Code does not	2430
apply, either of the following:	2431

(1) The levy of the tax authorized at the election for the	2432
payment of maintenance costs, as specified in division (B) of	2433
section 3318.05 of the Revised Code;	2434

(2) If the school district electors have approved a	2435
continuing tax of at least two mills for each dollar of valuation	2436
for general ongoing permanent improvements under section 5705.21	2437
of the Revised Code and that tax can be used for maintenance, the	2438
earmarking of an amount of the proceeds from such tax for	2439
maintenance of classroom facilities as specified in division (B)	2440
of section 3318.05 of the Revised Code.	2441

(D)(E) Dedication of any local donated contribution as	2442
provided for under section 3318.084 of the Revised Code, including	2443
a schedule for depositing such moneys applied as an offset of the	2444
district's obligation to levy the tax described in division (B) of	2445
section 3318.05 of the Revised Code as required under division	2446
(D)(2) of section 3318.084 of the Revised Code.	2447

(F) Ownership of or interest in the project during the	2448
period of construction, which shall be divided between the	2449
commission and the school district board in proportion to their	2450
respective contributions to the school district's project	2451
construction fund;	2452

(E)(G) Maintenance of the state's interest in the project	2453
until any obligations issued for the project under section 3318.26	2454
of the Revised Code are no longer outstanding;	2455

(F)(H) The insurance of the project by the school district	2456
from the time there is an insurable interest therein and so long	2457
as the state retains any ownership or interest in the project	2458
pursuant to division (D)(F) of this section, in such amounts and	2459
against such risks as the commission shall require; provided, that	2460
the cost of any required insurance until the project is completed	2461
shall be a part of the basic project cost;	2462

(G)(I) The certification by the director of budget and	2463
management that funds are available and have been set aside to	2464
meet the state's share of the basic project cost as approved by	2465
the controlling board pursuant to section 3318.04 of the Revised	2466
Code;	2467

(H)(J) Authorization of the school district board to	2468
advertise for and receive construction bids for the project, for	2469
and on behalf of the commission, and to award contracts in the	2470
name of the state subject to approval by the commission;	2471

(I)(K) Provisions for the disbursement of moneys from the	2472
school district's project account upon issuance by the commission	2473
or the commission's designated representative of vouchers for work	2474
done to be certified to the commission by the treasurer of the	2475
school district board;	2476

(J)(L) Disposal of any balance left in the school district's	2477
project construction fund upon completion of the project;	2478

(K)(M) Limitations upon use of the project or any part of it	2479
so long as any obligations issued to finance the project under	2480
section 3318.26 of the Revised Code are outstanding;	2481

(L)(N) Provision for vesting the state's interest in the	2482
project to the school district board when the obligations issued	2483
to finance the project under section 3318.26 of the Revised Code	2484
are outstanding;	2485

(M)(O) Provision for deposit of an executed copy of the	2486
agreement in the office of the commission;	2487

(N)(P) Provision for termination of the contract and release	2488
of the funds encumbered at the time of the conditional approval,	2489
if the proceeds of the sale of the bonds of the school district	2490
board are not paid into the school district's project construction	2491
fund and if bids for the construction of the project have not been	2492
taken within such period after the execution of the agreement as	2493
may be fixed by the commission;	2494

(O)(Q) Provision for the school district to maintain the	2495
project in accordance with a plan approved by the commission;	2496

(P) Provision(R)(1) For all school districts except those	2497
undertaking a project under section 3318.38 of the Revised Code,	2498
provision that all state funds reserved and encumbered to pay	2499
the state share of the cost of the project pursuant to section	2500
3318.03 of the Revised Code be spent on the construction or	2501
acquisition of the project prior to the expenditure of any funds	2502
provided by the school district to pay for its share of the	2503
project cost, unless the school district certifies to the	2504
commission that expenditure by the school district is necessary to	2505
maintain the tax-exempt status of notes or bonds issued by the	2506
school district to pay for its share of the project cost or to	2507
comply with applicable temporary investment periods or spending	2508
exceptions to rebate as provided for under federal law in regard	2509
to those notes or bonds, in which casecases, the school district	2510
may commit to spend, or spend, a portion of the funds it provides;	2511

(2) For school districts undertaking a project under section	2512
3318.38 of the Revised Code, provision that the state funds	2513
reserved and encumbered and the funds provided by the school	2514
district to pay the basic project cost of any segment of the	2515
project, or of the entire project if it is not divided into	2516
segments, be spent on the construction and acquisition of the	2517
project simultaneously in proportion to the state's and the school	2518
district's respective shares of that basic project cost as	2519
determined under section 3318.032 of the Revised Code.	2520

(Q)(S) A provision stipulating that the commission may	2521
prohibit the district from proceeding with any project if the	2522
commission determines that the site is not suitable for	2523
construction purposes. The commission may perform soil tests in	2524
its determination of whether a site is appropriate for	2525
construction purposes.	2526

(R)(T) A provision stipulating that, unless otherwise	2527
authorized by the commission, any contingency reserve portion of	2528
the construction budget prescribed by the commission shall be used	2529
only to pay costs resulting from unforeseen job conditions, to	2530
comply with rulings regarding building and other codes, to pay	2531
costs related to design clarifications or corrections to contract	2532
documents, and to pay the costs of settlements or judgments	2533
related to the project as provided under section 3318.086 of the	2534
Revised Code.	2535

Sec. 3318.084.  (A) Notwithstanding anything to the contrary	2536
in Chapter 3318. of the Revised Code, a school district board may	2537
apply any local donated contribution toward either or both of the	2538
following:	2539

(1) The district's portion of the basic project cost of a	2540
project under sections 3318.01 to 3318.20 of the Revised Code to	2541
reduce the amount of bonds the district otherwise must issue in	2542
order to receive state assistance under those sections;	2543

(2) An offset of all or part of a district's obligation to	2544
levy the tax described in division (B) of section 3318.05 of the	2545
Revised Code, which shall be applied only in the manner prescribed	2546
in division (B) of this section.	2547

(B) No school district board shall apply any local donated	2548
contribution under division (A)(2) of this section unless the Ohio	2549
school facilities commission first approves that application.	2550

Upon the request of the school district board to apply local	2551
donated contribution under division (A)(2) of this section, the	2552
commission in consultation with the department of taxation shall	2553
determine the amount of total revenue that likely would be	2554
generated by one-half mill of the tax described in division (B) of	2555
section 3318.05 of the Revised Code over the entire	2556
twenty-three-year period required under that section and shall	2557
deduct from that amount any amount of local donated contribution	2558
that the board has committed to apply under division (A)(2) of	2559
this section. The commission then shall determine in consultation	2560
with the department of taxation the rate of tax over twenty-three	2561
years necessary to generate the amount of a one-half mill tax not	2562
offset by the local donated contribution. Notwithstanding	2563
anything to the contrary in section 3318.06, 3318.061, or 3318.361	2564
of the Revised Code, the rate determined by the commission shall	2565
be the rate for which the district board shall seek elector	2566
approval under those sections to meet its obligation under	2567
division (B) of section 3318.05 of the Revised Code. In the case	2568
of a complete offset of the district's obligation under division	2569
(B) of section 3318.05 of the Revised Code, the district shall not	2570
be required to levy the tax otherwise required under that section.	2571
At the end of the twenty-three-year period of the tax required	2572
under division (B) of section 3318.05 of the Revised Code, whether	2573
or not the tax is actually levied, the commission in consultation	2574
of the department of taxation shall recalculate the amount that	2575
would have been generated by the tax if it had been levied at	2576
one-half mill. If the total amount actually generated over that	2577
period from both the tax that was actually levied and any local	2578
donated contribution applied under division (A)(2) of this section	2579
is less than the amount that would have been raised by a one-half	2580
mill tax, the district shall pay any difference. If the total	2581
amount actually raised in such manner is greater than the amount	2582
that would have been raised by a one-half mill tax the difference	2583
shall be zero and no payments shall be made by either the district	2584
or the commission.	2585

(C) As used in this section, "local donated contribution"	2586
means eitherany of the following:	2587

(1) Any moneys irrevocably donated or granted to a school	2588
district board by a source other than the state which the board	2589
has the authority to apply to the school district's project under	2590
sections 3318.01 to 3318.20 of the Revised Code and which the	2591
board has pledged for that purpose by resolution adopted by a	2592
majority of its members;	2593

(2) Any irrevocable letter of credit issued on behalf of a	2594
school district or any cash a school district has on hand,	2595
including any year-end operating fund balances, that can be spent	2596
for classroom facilities, either of which the school district	2597
board has encumbered for payment of the school district's share of	2598
its project under sections 3318.01 to 3318.20 of the Revised Code	2599
and either of which has been approved by the commission in	2600
consultation with the department of education;	2601

(3) Any moneys spent by a source other than the school	2602
district or the state for construction or renovation of specific	2603
classroom facilities that have been approved by the commission as	2604
part of the basic project cost of the district's project. The	2605
school district, the commission, and the entity providing the	2606
local donated contribution under division (C) (3) of this section	2607
shall enter into an agreement indentifying the classroom	2608
facilities to be acquired by the expenditures made by that entity.	2609
The agreement shall include, but not be limited to, stipulations	2610
that require an audit by the commission of such expenditures made	2611
on behalf of the district and that specify the maximum amount of	2612
credit to be allowed for those expenditures. Upon completion of	2613
the construction or renovation, the commission shall determine the	2614
actual amount that the commission will credit, at the request of	2615
the district board, toward the district's portion of the basic	2616
project cost, any project cost overruns, or the basic project cost	2617
of future segments if the project has been divided into segments	2618
under section 3318.38 of the Revised Code. The actual amount of	2619
the credit shall not exceed the lesser of the amount specified in	2620
the agreement or the actual cost of the construction or	2621
renovation.	2622

(D) No state moneys shall be released for a project to which	2623
this section applies until any:	2624

(1) Any local donated contribution authorized under division	2625
(A)(1) of this section is first deposited into the school	2626
district's project construction fund, if applied under division	2627
(A)(1) of this section, or into the district's capital and	2628
maintenance fund if applied under division (A)(2) of this section.	2629

(2) The school district board and the commission have	2630
included a stipulation in their agreement entered into under	2631
section 3318.08 of the Revised Code under which the board will	2632
deposit into a fund approved by the commission according to a	2633
schedule that does not extend beyond the anticipated completion	2634
date of the project the total amount of any local donated	2635
contribution authorized under division (A)(2) of this section and	2636
dedicated by the board for that purpose.	2637

However, if any local donated contribution as described in	2638
division (C) (3) of this section has been approved under this	2639
section, the state moneys may be released even if the entity	2640
providing that local donated contribution has not spent the moneys	2641
so dedicated as long as the agreement required under that section	2642
has been executed.	2643

Sec. 3318.11.  For any project for which the state's portion	2645
of the basic project cost exceeds twenty-five million dollars	2646
undertaken with financial assistance from the state under this	2647
chapter, the amount of state appropriations to be encumbered for	2648
the project in each fiscal biennium shall be determined by the	2649
Ohio school facilities commission based on the project's estimated	2650
construction schedule for that biennium. In each fiscal biennium	2651
subsequent to the first biennium in which state appropriations are	2652
encumbered for the project, the project has priority for state	2653
funds over projects for which initial state funding is sought.	2654

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

2655

(1) "Ohio school facilities commission," "classroom	2656
facilities," "school district," "school district board," "net	2657
bonded indebtedness," "required percentage of the basic project	2658
costs," "basic project cost," "valuation," and "percentile" have	2659
the same meanings as in section 3318.01 of the Revised Code.	2660

(2) "Required level of indebtedness" means five per cent of	2661
the school district's valuation for the year preceding the year in	2662
which the commission and school district enter into an agreement	2663
under division (B) of this section, plus [two one-hundredths of	2664
one per cent multiplied by (the percentile in which the district	2665
ranks in the fiscal year the commission and the school district	2666
enter into such agreement minus one)].	2667

(3) "Local resources" means any moneys generated in any	2668
manner permitted for a school district board to raise the school	2669
district portion of a project undertaken with assistance under	2670
sections 3318.01 to 3318.20 of the Revised Code.	2671

(B)(1) There is hereby established the school building	2672
assistance expedited local partnership program. Under the	2673
program, the Ohio school facilities commission may enter into an	2674
agreement with the school district board of any school district	2675
under which the school district board may proceed with the new	2676
construction or major repairs of a part of the school district's	2677
classroom facilities needs, as determined under sections 3318.01	2678
to 3318.20 of the Revised Code, through the expenditure of local	2679
resources prior to the school district's eligibility for state	2680
assistance under sections 3318.01 to 3318.20 of the Revised Code	2681
and may apply that expenditure toward meeting the school	2682
district's portion of the basic project cost of the total of the	2683
school district's classroom facilities needs, as determined under	2684
sections 3318.01 to 3318.20 of the Revised Code and as	2685
recalculated under division (E) of this section, that are eligible	2686
for state assistance under sections 3318.01 to 3318.20 of the	2687
Revised Code when the school district becomes eligible for such	2688
state assistance. Any school district that is reasonably expected	2689
to receive assistance under sections 3318.01 to 3318.20 of the	2690
Revised Code within two fiscal years from the date the school	2691
district adopts its resolution under division (B) of this section	2692
shall not be eligible to participate in the program.	2693

(2) To participate in the program, a school district board	2694
shall first adopt a resolution certifying to the commission the	2695
board's intent to participate in the program.	2696

The resolution shall specify the approximate date that the	2697
board intends to seek elector approval of any bond or tax measures	2698
or to apply other local resources to use to pay the cost of	2699
classroom facilities to be constructed under this section. The	2700
resolution may specify the application of local resources or	2701
elector-approved bond or tax measures after the resolution is	2702
adopted by the board, and in such case the board may proceed with	2703
a discrete portion of its project under this section as soon as	2704
the commission and the controlling board have approved the basic	2705
project cost of the district's classroom facilities needs as	2706
specified in division (D) of this section. The board shall submit	2707
its resolution to the commission not later than ten days after the	2708
date the resolution is adopted by the board.	2709

The commission shall not consider any resolution that is	2710
submitted pursuant to division (B)(2) of this section, as amended	2711
by this amendment, sooner than September 14, 2000.	2712

(3) Any project under this section shall comply with section	2713
3318.03 of the Revised Code and with any specifications for plans	2714
and materials for classroom facilities adopted by the commission	2715
under section 3318.04 of the Revised Code.	2716

(4) If a school district that enters into an agreement under	2717
this section has not begun a project applying local resources as	2718
provided for under that agreement at the time the district is	2719
notified by the commission that it is eligible to receive state	2720
assistance under sections 3318.01 to 3318.20 of the Revised Code,	2721
all assessment and agreement documents entered into under this	2722
section are void.	2723

(5) Only construction of or repairs to classroom facilities	2724
that have been approved by the commission and have been therefore	2725
included as part of a district's basic project cost qualify for	2726
application of local resources under this section.	2727

(C) Based on the results of the on-site visits and	2728
assessment conducted under division (B)(2) of this section, the	2729
commission shall determine the basic project cost of the school	2730
district's classroom facilities needs. The commission shall	2731
determine the school district's portion of such basic project	2732
cost, which shall be the greater of:	2733

(1) The required percentage of the basic project costs,	2734
determined based on the school district's percentile ranking in	2735
the fiscal year the commission and the school district enter into	2736
the agreement under division (B) of this section;	2737

(2) An amount necessary to raise the school district's net	2738
bonded indebtedness, as of the fiscal year the commission and the	2739
school district enter into the agreement under division (B) of	2740
this section, to within five thousand dollars of the required	2741
level of indebtedness.	2742

(D)(1) When the commission determines the basic project cost	2743
of the classroom facilities needs of a school district and the	2744
school district's portion of that basic project cost under	2745
division (C) of this section, the project shall be conditionally	2746
approved. Such conditional approval shall be submitted to the	2747
controlling board for approval thereof. The controlling board	2748
shall forthwith approve or reject the commission's determination,	2749
conditional approval, and the amount of the state's portion of the	2750
basic project cost; however, no state funds shall be encumbered	2751
under this section. Upon approval by the controlling board, the	2752
school district board may identify a discrete part of its	2753
classroom facilities needs, which shall include only new	2754
construction of or additions or major repairs to a particular	2755
building, to address with local resources. Upon identifying a	2756
part of the school district's basic project cost to address with	2757
local resources, the school district board may allocate any	2758
available school district moneys to pay the cost of that	2759
identified part, including the proceeds of an issuance of bonds if	2760
approved by the electors of the school district.	2761

All local resources utilized under this division shall first	2762
be deposited in the project construction account required under	2763
section 3318.08 of the Revised Code.	2764

(2) Unless the school district board exercises its option	2765
under division (D)(3) of this section, for a school district to	2766
qualify for participation in the program authorized under this	2767
section, eitherone of the following conditions shall be	2768
satisfied:	2769

(a) The electors of the school district by a majority vote	2770
shall approve the levy of taxes outside the ten-mill limitation	2771
for a period of twenty-three years at the rate of not less than	2772
one-half mill for each dollar of valuation to be used to pay the	2773
cost of maintaining the classroom facilities included in the basic	2774
project cost as determined by the commission. The form of the	2775
ballot to be used to submit the question whether to approve the	2776
tax required under this division to the electors of the school	2777
district shall be the form for an additional levy of taxes	2778
prescribed in section 3318.361 of the Revised Code, which may be	2779
combined in a single ballot question with the questions prescribed	2780
under section 5705.218 of the Revised Code.	2781

(b) As authorized under division (C) of section 3318.05 of	2782
the Revised Code, the school district board shall earmark from the	2783
proceeds of a permanent improvement tax levied under section	2784
5705.21 of the Revised Code, an amount equivalent to the	2785
additional tax otherwise required under division (D)(2)(a) of this	2786
section for the maintenance of the classroom facilities included	2787
in the basic project cost as determined by the commission.	2788

(c) The school district board shall apply the proceeds of a	2789
tax to leverage bonds as authorized under section 3318.052 of the	2790
Revised Code or dedicate a local donated contribution in the	2791
manner described in division (B) of section 3318.084 of the	2792
Revised Code in an amount equivalent to the additional tax	2793
otherwise required under division (D)(2)(a) of this section for	2794
the maintenance of the classroom facilities included in the basic	2795
project cost as determined by the commission.	2796

(3) A school district board may opt to delay levying the	2797
additional tax required under division (D)(2)(a) of this section	2798
or earmarking of the proceeds of a permanent improvement tax	2799
alternatively required under division (D)(2)(b) of this section	2800
until such time as the school district becomes eligible for state	2801
assistance under sections 3318.01 to 3318.20 of the Revised Code.	2802
In order to exercise its option under this division, the board	2803
shall certify to the commission a resolution indicating the	2804
board's intent to do so prior to entering into an agreement under	2805
division (B) of this section.	2806

(4) If pursuant to division (D)(3) of this section a	2807
district board opts to delay levying an additional tax until the	2808
district becomes eligible for state assistance, it shall submit	2809
the question of levying that tax to the district electors as	2810
follows:	2811

(a) In accordance with section 3318.06 of the Revised Code	2812
if it will also be necessary pursuant to division (E) of this	2813
section to submit a proposal for approval of a bond issue;	2814

(b) In accordance with section 3318.361 of the Revised Code	2815
if it is not necessary to also submit a proposal for approval of a	2816
bond issue pursuant to division (E) of this section.	2817

(5) No state assistance under sections 3318.01 to 3318.20 of	2818
the Revised Code shall be released until a school district board	2819
that adopts and certifies a resolution under this division either	2820
has levied the additional tax or has earmarked the proceeds of a	2821
tax as specified in division (D) of this section.	2822

Any amount required for maintenance under division (D)(2) of	2823
this section shall be deposited into a separate fund as specified	2824
in division (B) of section 3318.05 of the Revised Code.	2825

(E)(1) If the school district becomes eligible for state	2826
assistance under sections 3318.01 to 3318.20 of the Revised Code	2827
based on its percentile ranking as determined under division (B)	2828
of this section, the commission shall conduct a new assessment of	2829
the school district's classroom facilities needs and shall	2830
recalculate the basic project cost based on this new assessment.	2831
The basic project cost recalculated under this division shall	2832
include the amount of expenditures made by the school district	2833
board under division (D)(1) of this section. The commission shall	2834
then recalculate the school district's portion of the new basic	2835
project cost, which shall be the percentage of the original basic	2836
project cost assigned to the school district as its portion under	2837
division (C) of this section. The commission shall deduct the	2838
expenditure of school district moneys made under division (D)(1)	2839
of this section from the school district's portion of the basic	2840
project cost as recalculated under this division. If the amount	2841
of school district resources applied by the school district board	2842
to the school district's portion of the basic project cost under	2843
this section is less than the total amount of such portion as	2844
recalculated under this division, the school district board by a	2845
majority vote of all of its members shall, if it desires to seek	2846
state assistance under sections 3318.01 to 3318.20 of the Revised	2847
Code, adopt a resolution as specified in section 3318.06 of the	2848
Revised Code to submit to the electors of the school district the	2849
question of approval of a bond issue in order to pay any	2850
additional amount of school district portion required for state	2851
assistance. Any tax levy approved under division (D) of this	2852
section satisfies the requirements to levy the additional tax	2853
under section 3318.06 of the Revised Code.	2854

(2) If the amount of school district resources applied by	2855
the school district board to the school district's portion of the	2856
basic project cost under this section is more than the total	2857
amount of such portion as recalculated under this division, within	2858
one year after the school district's portion is recalculated under	2859
division (E)(1) of this section the commission may grant to the	2860
school district the difference between the two calculated	2861
portions, but at no time shall the commission expend any state	2862
funds on a project in an amount greater than the state's portion	2863
of the basic project cost as recalculated under this division.	2864

Any reimbursement under this division shall be only for local	2865
resources the school district has applied toward construction cost	2866
expenditures for the classroom facilities approved by the	2867
commission, which shall not include any financing costs associated	2868
with that construction.	2869

The school district board shall use any moneys reimbursed to	2870
the district under this division to pay off any debt service the	2871
district owes for classroom facilities constructed under its	2872
project under this section before such moneys are applied to any	2873
other purpose.	2874

Sec. 3318.362.  This section applies only to a school	2875
district that participates in the school building assistance	2876
expedited local partnership program under section 3318.36 of the	2877
Revised Code.	2878

Notwithstanding the twenty-three year maximum maturity for	2879
bonds proposed to be issued by a school district board for a	2880
classroom facilities project pursuant to division (C) of section	2881
3318.06 of the Revised Code, aA school district board that enters	2882
into an agreement with the Ohio school facilities commission under	2883
division (B) of section 3318.36 of the Revised Code may propose	2884
for issuance any bonds necessary for its participation in the	2885
program under section 3318.36 of the Revised Code for a term	2886
longer than twenty-three years but not to exceedany number of	2887
years not exceeding the term calculated pursuant to section 133.20	2888
of the Revised Code. Any moneys received from the state under	2889
division (E)(2) of section 3318.36 of the Revised Code shall be	2890
applied, as agreed in writing by the school district board and the	2891
commission, to pay debt service on outstanding bonds or bond	2892
anticipation notes issued by the school district board for its	2893
participation in the expedited local partnership program,	2894
including by placing those moneys in an applicable escrow fund	2895
under division (D) of section 133.34 of the Revised Code.	2896

Sec. 3318.363. (A) This section applies beginning in fiscal	2897
year 2003 and only to a school district participating in the	2898
school building assistance expedited local partnership program	2899
under section 3318.36 of the Revised Code.	2900

(B) If there is a decrease in the tax valuation of a school	2901
district to which this section applies by ten per cent or greater	2902
from one tax year to the next due to a decrease in the assessment	2903
rate of the taxable property of an electric company that owns	2904
property in the district, as provided for in section 5727.111 of	2905
the Revised Code as amended by Am. Sub. S.B. 3 of the 123rd	2906
General Assembly, the Ohio school facilities commission shall	2907
calculate or recalculate the state and school district portions of	2908
the basic project cost of the school district's project by	2909
determining the percentile rank in which the district would be	2910
located if such ranking were made using the current year adjusted	2911
valuation per pupil, as calculated and reported to the commission	2912
by the department of education under division (A) of section	2913
3318.011 of the Revised Code,adjusted valuation per pupil	2914
calculated under division (C) of this section rather than the	2915
three-year average adjusted valuation per pupil, calculated under	2916
division (B) of that section 3318.011 of the Revised Code. For	2917
such district, the required percentage of the basic project cost	2918
used to determine the state and school district shares of that	2919
cost under division (C) of section 3318.36 of the Revised Code	2920
shall be based on the percentile rank as calculated under this	2921
section rather than as otherwise provided in division (C)(1) of	2922
section 3318.36 of the Revised Code. If the commission has	2923
determined the state and school district portion of the basic	2924
project cost of such a district's project under section 3318.36 of	2925
the Revised Code prior to that decrease in tax valuation, the	2926
commission shall adjust the state and school district shares of	2927
the basic project cost of such project in accordance with this	2928
section.	2929

(C)(1) As used in divisions (C) and (D) of this section,	2930
"total taxable value," "formula ADM," and "income factor" have the	2931
same meanings as in section 3317.02 of the Revised Code.	2932

(2) The adjusted valuation per pupil for a school district	2933
to which this section applies shall be calculated using the	2934
following formula:	2935

(The district's total taxable value for the tax year	2936
preceding the calendar year in which the current fiscal year	2937
begins / the district's formula ADM for the previous fiscal year)	2938
- [$30,000 x (1 - the district's income factor)].	2939

(D) At the request of the Ohio school facilities commission,	2940
the department of education shall report a district's total	2941
taxable value for the tax year preceding the calendar year in	2942
which the current fiscal year begins for any district to which	2943
this section applies as that information has been certified to the	2944
department by the tax commissioner pursuant to section 3317.021 of	2945
the Revised Code.	2946

Sec. 3318.38.  (A) As used in this section, "big-eight	2947
school district" has the same meaning as in section 3314.02 of the	2948
Revised Code.	2949

(B) There is hereby established the accelerated urban school	2950
building assistance program. Under the program, notwithstanding	2951
section 3318.02 of the Revised Code, any big-eight school district	2952
that has not been approved to receive assistance under sections	2953
3318.01 to 3318.20 of the Revised Code by July 1, 2002, may	2954
beginning on that date apply for approval of and be approved for	2955
such assistance. Except as otherwise provided in this section,	2956
any project approved and undertaken pursuant to this section shall	2957
comply with all provisions of sections 3318.01 to 3318.20 of the	2958
Revised Code.	2959

The Ohio school facilities commission shall provide	2960
assistance to any big-eight school district eligible for	2961
assistance under this section in the following manner:	2962

(1) Notwithstanding section 3318.02 of the Revised Code:

2963

(a) Not later than June 30, 2002, the commission shall	2964
conduct an on-site visit and shall assess the classroom facilities	2965
needs of each big-eight school district eligible for assistance	2966
under this section;	2967

(b) Beginning July 1, 2002, any big-eight school district	2968
eligible for assistance under this section may apply to the	2969
commission for conditional approval of its project as determined	2970
by the assessment conducted under division (B)(1)(a) of this	2971
section. The commission may conditionally approve that project	2972
and submit it to the controlling board for approval pursuant to	2973
section 3318.04 of the Revised Code.	2974

(2) If the controlling board approves the project of a	2975
big-eight school district eligible for assistance under this	2976
section, the commission and the school district shall enter into	2977
an agreement as prescribed in section 3318.08 of the Revised Code.	2978
Any agreement executed pursuant to this division shall include any	2979
applicable segmentation provisions as approved by the commission	2980
under division (B)(3) of this section.	2981

(3) Notwithstanding any provision to the contrary in	2982
sections 3318.05, 3318.06, and 3318.08 of the Revised Code, a	2983
big-eight school district eligible for assistance under this	2984
section may with the approval of the commission opt to divide the	2985
project as approved under division (B)(1)(b) of this section into	2986
discrete segments to be completed sequentially. Any project	2987
divided into segments shall comply with all other provisions of	2988
sections 3318.05, 3318.06, and 3318.08 of the Revised Code except	2989
as otherwise specified in this division.	2990

If a project is divided into segments under this division:

2991

(a) The school district need raise only the amount equal to	2992
its proportionate share, as determined under section 3318.032 of	2993
the Revised Code, of each segment at any one time and may seek	2994
voter approval of each segment separately;	2995

(b) The state's proportionate share, as determined under	2996
section 3318.032 of the Revised Code, of only the segment which	2997
has been approved by the school district electors or for which the	2998
district has applied a local donated contribution under section	2999
3318.084 of the Revised Code shall be encumbered at any one time	3000
in accordance with section 3318.11 of the Revised Code.	3001
Encumbrance of additional amounts to cover the state's	3002
proportionate share of later segments shall be approved separately	3003
as they are approved by the school district electors or as the	3004
district applies a local donated contribution to the segments	3005
under section 3318.084 of the Revised Code. If the state's share	3006
of any one segment exceeds twenty-five million dollars,	3007
encumbrance of that share is subject to the provisions of section	3008
3318.11 of the Revised Code.	3009

(c) If it is necessary to levy the additional tax for	3010
maintenance under division (B) of section 3318.05 of the Revised	3011
Code with respect to any segment of the project, the district may	3012
utilize the provisions of section 3318.061 of the Revised Code to	3013
ensure that the maintenance tax extends for twenty-three years	3014
after the last segment of the project is undertaken.	3015

(4) For any project under this section, the state funds	3016
reserved and encumbered and the funds provided by the school	3017
district to pay the basic project cost of any segment of the	3018
project, or of the entire project if it is not divided into	3019
segments, shall be spent on the construction and acquisition of	3020
the project simultaneously in proportion to the state's and the	3021
school district's respective shares of that basic project cost as	3022
determined under section 3318.032 of the Revised Code.	3023

Sec. 3333.17.  The Ohio board of regents may enter into	3024
contracts with the appropriate agency in a contiguous state	3025
whereby the agency provides for charging Ohio residents enrolled	3026
in state-assisted post-secondary educational institutions in the	3027
contiguous state, tuition and fees at rates no higher than the	3028
rates charged to students who are residents of that state, and	3029
whereby the Ohio board of regents, as part of such contracts, may	3030
provide that rates for tuition and fees charged to residents of	3031
the contiguous state who are enrolled in state-assisted	3032
post-secondary educational institutions in Ohio shall not exceed	3033
those charged Ohio residents.	3034

State-assisted post-secondary educational institutions in	3035
Ohio may enter into contracts with appropriate state-assisted	3036
post-secondary educational institutions in a contiguous state	3037
whereby the state-assisted post-secondary educational institution	3038
provides for charging Ohio residents enrolled in the institution	3039
in the contiguous state, tuition and fees at rates no higher than	3040
the rates charged to students who are residents of that state, and	3041
whereby the Ohio state-assisted post-secondary institution, as	3042
part of such contracts, may provide that rates for tuition and	3043
fees charged to residents of the contiguous state who are enrolled	3044
in the state-assisted post-secondary educational institutions in	3045
Ohio shall not exceed those charged Ohio residents.	3046

The contracts entered into by the board of regents or a	3047
state-assisted post-secondary educational institution may limit	3048
the type of academic program offered at the reciprocal rates.	3049
Residents of contiguous states enrolled in for credit courses	3050
taught at the main campus and identified off-campus sites at	3051
state-assisted post-secondary educational institutions in Ohio	3052
under such contracts shall be included in calculating the number	3053
of full-time equivalent students for state subsidy purposes. The	3054
board of regents and each state-assisted post-secondary	3055
educational institution shall periodically assess the costs and	3056
benefits of each such contract and the extent to which parity is	3057
achieved between Ohio and the contiguous state with respect to	3058
students benefiting from the contract. All Ohio state-assisted	3059
post-secondary educational institutions participating in these	3060
contracts shall report enrollments and other information annually	3061
to the Ohio board of regents. No contract shall be entered into	3062
under this section without the approval of the controlling board	3063
Ohio board of regents. The Ohio board of regents shall report the	3064
status of these contracts to the controlling board annually.	3065

Sec. 3345.05. (A) All registration fees, nonresident tuition	3066
fees, academic fees for the support of off-campus instruction,	3067
laboratory and course fees when so assessed and collected, student	3068
health fees for the support of a student health service, all other	3069
fees, deposits, charges, receipts, and income from all or part of	3070
the students, all subsidy or other payments from state	3071
appropriations, and all other fees, deposits, charges, receipts,	3072
and income received by each state-supported university and	3073
college, the Ohio state university hospitals and their ancillary	3074
facilities, the Ohio agricultural research and development center,	3075
and the Ohio state university cooperative extension service shall	3076
be held and administered by the respective boards of trustees of	3077
the state-supported universities and colleges; provided, that such	3078
fees, deposits, charges, receipts, and income, to the extent	3079
required by resolutions, trust agreements, indentures, leases, and	3080
agreements adopted, made, or entered into under Chapter 154. or	3081
section 3345.07, 3345.11, or 3345.12 of the Revised Code, shall be	3082
held, administered, transferred, and applied in accordance	3083
therewith.	3084

(B) The Ohio board of regents shall require annual reporting	3085
by the Ohio agricultural research and development center and by	3086
each university and college receiving state aid in such form and	3087
detail as determined by the board in consultation with such	3088
center, universities and colleges, and the director of budget and	3089
management.	3090

(C) Notwithstanding any provision of the Revised Code to the	3091
contrary, the title to investments made by the board of trustees	3092
of a state-supported university or college with funds derived from	3093
revenues described in division (A) of this section shall not be	3094
vested in the state but shall be held in trust by the board. Such	3095
investments shall be made pursuant to an investment policy adopted	3096
by the board in public session that requires all fiduciaries to	3097
discharge their duties with the care, skill, prudence, and	3098
diligence under the circumstances then prevailing that a prudent	3099
person acting in like capacity and familiar with such matters	3100
would use in the conduct of an enterprise of a like character and	3101
with like aims. The policy also shall require at least the	3102
following:	3103

(1) A stipulation that investment be made only in publicly	3104
traded securities averaging at least twenty-five per cent of the	3105
average amount of the investment portfolio over the course of the	3106
previous fiscal year invested in securities of the United States	3107
government or of its agencies or instrumentalities, the treasurer	3108
of state's pooled investment program, obligations of this state or	3109
any political subdivision of this state, certificates of deposit	3110
of any national bank located in this state, written repurchase	3111
agreements with any eligible Ohio financial institution that is a	3112
member of the federal reserve system or federal home loan bank,	3113
money market funds, or bankers acceptances maturing in two hundred	3114
seventy days or less which are eligible for purchase by the	3115
federal reserve system, as a reserve;	3116

(2) The establishment of an investment committee.

3117

(D) The investment committee established under division	3118
(C)(2) of this section shall meet at least quarterly. The	3119
committee shall review and recommend revisions to the board's	3120
investment policy and shall advise the board on its investments	3121
made under division (C) of this section in an effort to assist it	3122
in meeting its obligations as a fiduciary as described in division	3123
(C) of this section. The committee shall be authorized to retain	3124
the services of an investment advisor who meets both of the	3125
following qualifications:	3126

(1) The advisor is either:

3127

(a) Licensed by the division of securities under section	3128
1707.141 of the Revised Code;	3129

(b) Registered with the securities and exchange commission.

3130

(2) The advisor either:

3131

(a) Has experience in the management of investments of	3132
public funds, especially in the investment of state-government	3133
investment portfolios;	3134

(b) Is an eligible institution referenced in section 135.03	3135
of the Revised Code.	3136

Sec. 3702.5213. Notwithstanding sections 3702.51 to 3702.68	3137
of the Revised Code, the southern Ohio veterans home in Brown	3138
county is not required to obtain a certificate of need for the	3139
addition of up to one hundred sixty-eight additional nursing home	3140
beds to be licensed under Chapter 3721. of the Revised Code if the	3141
additional beds are placed in service prior to December 31, 2004.	3142

Sec. 5705.19.  This section does not apply to school	3143
districts or county school financing districts.	3144

The taxing authority of any subdivision at any time and in	3145
any year, by vote of two-thirds of all the members of the taxing	3146
authority, may declare by resolution and certify the resolution to	3147
the board of elections not less than seventy-five days before the	3148
election upon which it will be voted that the amount of taxes that	3149
may be raised within the ten-mill limitation will be insufficient	3150
to provide for the necessary requirements of the subdivision and	3151
that it is necessary to levy a tax in excess of that limitation	3152
for any of the following purposes:	3153

(A) For current expenses of the subdivision, except that the	3154
total levy for current expenses of a detention facility district	3155
or district organized under section 2151.65 of the Revised Code	3156
shall not exceed two mills and that the total levy for current	3157
expenses of a combined district organized under sections 2152.41	3158
and 2151.65 of the Revised Code shall not exceed four mills;	3159

(B) For the payment of debt charges on certain described	3160
bonds, notes, or certificates of indebtedness of the subdivision	3161
issued subsequent to January 1, 1925;	3162

(C) For the debt charges on all bonds, notes, and	3163
certificates of indebtedness issued and authorized to be issued	3164
prior to January 1, 1925;	3165

(D) For a public library of, or supported by, the	3166
subdivision under whatever law organized or authorized to be	3167
supported;	3168

(E) For a municipal university, not to exceed two mills over	3169
the limitation of one mill prescribed in section 3349.13 of the	3170
Revised Code;	3171

(F) For the construction or acquisition of any specific	3172
permanent improvement or class of improvements that the taxing	3173
authority of the subdivision may include in a single bond issue;	3174

(G) For the general construction, reconstruction,	3175
resurfacing, and repair of streets, roads, and bridges in	3176
municipal corporations, counties, or townships;	3177

(H) For recreational purposes;

3178

(I) For the purpose of providing and maintaining fire	3179
apparatus, appliances, buildings, or sites therefor, or sources of	3180
water supply and materials therefor, or the establishment and	3181
maintenance of lines of fire alarm telegraph, or the payment of	3182
permanent, part-time, or volunteer firefighters or firefighting	3183
companies to operate the same, including the payment of the	3184
firefighter employers' contribution required under section 742.34	3185
of the Revised Code, or the purchase of ambulance equipment, or	3186
the provision of ambulance, paramedic, or other emergency medical	3187
services operated by a fire department or firefighting company;	3188

(J) For the purpose of providing and maintaining motor	3189
vehicles, communications, and other equipment used directly in the	3190
operation of a police department, or the payment of salaries of	3191
permanent police personnel, including the payment of the police	3192
officer employers' contribution required under section 742.33 of	3193
the Revised Code, or the payment of the costs incurred by	3194
townships as a result of contracts made with other political	3195
subdivisions in order to obtain police protection, or the	3196
provision of ambulance or emergency medical services operated by a	3197
police department;	3198

(K) For the maintenance and operation of a county home or	3199
detention facility;	3200

(L) For community mental retardation and developmental	3201
disabilities programs and services pursuant to Chapter 5126. of	3202
the Revised Code, except that the procedure for such levies shall	3203
be as provided in section 5705.222 of the Revised Code;	3204

(M) For regional planning;

3205

(N) For a county's share of the cost of maintaining and	3206
operating schools, district detention facilities, forestry camps,	3207
or other facilities, or any combination thereof, established under	3208
section 2152.41 or 2151.65 of the Revised Code or both of those	3209
sections;	3210

(O) For providing for flood defense, providing and	3211
maintaining a flood wall or pumps, and other purposes to prevent	3212
floods;	3213

(P) For maintaining and operating sewage disposal plants and	3214
facilities;	3215

(Q) For the purpose of purchasing, acquiring, constructing,	3216
enlarging, improving, equipping, repairing, maintaining, or	3217
operating, or any combination of the foregoing, a county transit	3218
system pursuant to sections 306.01 to 306.13 of the Revised Code,	3219
or of making any payment to a board of county commissioners	3220
operating a transit system or a county transit board pursuant to	3221
section 306.06 of the Revised Code;	3222

(R) For the subdivision's share of the cost of acquiring or	3223
constructing any schools, forestry camps, detention facilities,	3224
or other facilities, or any combination thereof, under section	3225
2152.41 or 2151.65 of the Revised Code or both of those sections;	3226

(S) For the prevention, control, and abatement of air	3227
pollution;	3228

(T) For maintaining and operating cemeteries;

3229

(U) For providing ambulance service, emergency medical	3230
service, or both;	3231

(V) For providing for the collection and disposal of garbage	3232
or refuse, including yard waste;	3233

(W) For the payment of the police officer employers'	3234
contribution or the firefighter employers' contribution required	3235
under sections 742.33 and 742.34 of the Revised Code;	3236

(X) For the construction and maintenance of a drainage	3237
improvement pursuant to section 6131.52 of the Revised Code;	3238

(Y) For providing or maintaining senior citizens services or	3239
facilities as authorized by section 307.694, 307.85, 505.70, or	3240
505.706 or division (EE) of section 717.01 of the Revised Code;	3241

(Z) For the provision and maintenance of zoological park	3242
services and facilities as authorized under section 307.76 of the	3243
Revised Code;	3244

(AA) For the maintenance and operation of a free public	3245
museum of art, science, or history;	3246

(BB) For the establishment and operation of a 9-1-1 system,	3247
as defined in section 4931.40 of the Revised Code;	3248

(CC) For the purpose of acquiring, rehabilitating, or	3249
developing rail property or rail service. As used in this	3250
division, "rail property" and "rail service" have the same	3251
meanings as in section 4981.01 of the Revised Code. This division	3252
applies only to a county, township, or municipal corporation.	3253

(DD) For the purpose of acquiring property for,	3254
constructing, operating, and maintaining community centers as	3255
provided for in section 755.16 of the Revised Code;	3256

(EE) For the creation and operation of an office or joint	3257
office of economic development, for any economic development	3258
purpose of the office, and to otherwise provide for the	3259
establishment and operation of a program of economic development	3260
pursuant to sections 307.07 and 307.64 of the Revised Code;	3261

(FF) For the purpose of acquiring, establishing,	3262
constructing, improving, equipping, maintaining, or operating, or	3263
any combination of the foregoing, a township airport, landing	3264
field, or other air navigation facility pursuant to section 505.15	3265
of the Revised Code;	3266

(GG) For the payment of costs incurred by a township as a	3267
result of a contract made with a county pursuant to section	3268
505.263 of the Revised Code in order to pay all or any part of the	3269
cost of constructing, maintaining, repairing, or operating a water	3270
supply improvement;	3271

(HH) For a board of township trustees to acquire, other than	3272
by appropriation, an ownership interest in land, water, or	3273
wetlands, or to restore or maintain land, water, or wetlands in	3274
which the board has an ownership interest, not for purposes of	3275
recreation, but for the purposes of protecting and preserving the	3276
natural, scenic, open, or wooded condition of the land, water, or	3277
wetlands against modification or encroachment resulting from	3278
occupation, development, or other use, which may be styled as	3279
protecting or preserving "greenspace" in the resolution, notice of	3280
election, or ballot form;	3281

(II) For the support by a county of a crime victim	3282
assistance program that is provided and maintained by a county	3283
agency or a private, nonprofit corporation or association under	3284
section 307.62 of the Revised Code;	3285

(JJ) For any or all of the purposes set forth in divisions	3286
(I) and (J) of this section. This division applies only to a	3287
township.	3288

(KK) For a countywide public safety communications system	3289
under section 307.63 of the Revised Code. This division applies	3290
only to counties.	3291

(LL) For the support by a county of criminal justice	3292
services under section 307.45 of the Revised Code;	3293

(MM) For the purpose of maintaining and operating a jail or	3294
other detention facility as defined in section 2921.01 of the	3295
Revised Code;	3296

(NN) For purchasing, maintaining, or improving, or any	3297
combination of the foregoing, real estate on which to hold	3298
agricultural fairs. This division applies only to a county.	3299

(OO) For constructing, rehabilitating, repairing, or	3300
maintaining sidewalks, walkways, trails, bicycle pathways, or	3301
similar improvements, or acquiring ownership interests in land	3302
necessary for the foregoing improvements, by a board of township	3303
trustees;	3304

(PP) For both of the purposes set forth in divisions (G) and	3305
(OO) of this section. This division applies only to a township.	3306

(QQ) For both of the purposes set forth in divisions (H) and	3307
(HH) of this section. This division applies only to a township.	3308

(RR) For the legislative authority of a municipal	3309
corporation, board of county commissioners of a county, or board	3310
of township trustees of a township to acquire agricultural	3311
easements, as defined in section 5301.67 of the Revised Code, and	3312
to supervise and enforce the easements.	3313

(SS) For both of the purposes set forth in divisions (BB)	3314
and (KK) of this section. This division applies only to a county.	3315

The resolution shall be confined to the purpose or purposes	3316
described in one division of this section, to which the revenue	3317
derived therefrom shall be applied. The existence in any other	3318
division of this section of authority to levy a tax for any part	3319
or all of the same purpose or purposes does not preclude the use	3320
of such revenues for any part of the purpose or purposes of the	3321
division under which the resolution is adopted.	3322

The resolution shall specify the amount of the increase in	3323
rate that it is necessary to levy, the purpose of that increase in	3324
rate, and the number of years during which the increase in rate	3325
shall be in effect, which may or may not include a levy upon the	3326
duplicate of the current year. The number of years may be any	3327
number not exceeding five, except as follows:	3328

(1) When the additional rate is for the payment of debt	3329
charges, the increased rate shall be for the life of the	3330
indebtedness.	3331

(2) When the additional rate is for any of the following,	3332
the increased rate shall be for a continuing period of time:	3333

(a) For the current expenses for a detention facility	3334
district, a district organized under section 2151.65 of the	3335
Revised Code, or a combined district organized under sections	3336
2152.41 and 2151.65 of the Revised Code;	3337

(b) For providing a county's share of the cost of	3338
maintaining and operating schools, district detention facilities,	3339
forestry camps, or other facilities, or any combination thereof,	3340
established under section 2152.41 or 2151.65 of the Revised Code	3341
or under both of those sections.	3342

(3) When the additional rate is for any of the following,	3343
the increased rate may be for a continuing period of time:	3344

(a) For the purposes set forth in division (I), (J), (U), or	3345
(KK) of this section;	3346

(b) For the maintenance and operation of a joint recreation	3347
district;	3348

(c) A levy imposed by a township for the purposes set forth	3349
in division (G) of this section.	3350

(4) When the increase is for the purpose or purposes set	3351
forth in division (D) or, (G), (CC), or (PP) of this section or	3352
for both of the purposes set forth in divisions (G) and (OO) of	3353
this section, the tax levy may be for any specified number of	3354
years or for a continuing period of time, as set forth in the	3355
resolution.	3356

(5) When the additional rate is for the purpose described in	3357
division (Z) of this section, the increased rate shall be for any	3358
number of years not exceeding ten.	3359

A levy for one of the purposes set forth in division (G),	3360
(I), (J), or (U) of this section, and a levy imposed by a township	3361
for the purposes set forth in division (G) of this section, may be	3362
reduced pursuant to section 5705.261 or 5705.31 of the Revised	3363
Code. 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	3366
also be terminated or permanently reduced by the taxing authority	3367
if it adopts a resolution stating that the continuance of the levy	3368
is unnecessary and the levy shall be terminated or that the	3369
millage is excessive and the levy shall be decreased by a	3370
designated amount.	3371

A resolution of a detention facility district, a district	3372
organized under section 2151.65 of the Revised Code, or a combined	3373
district organized under both sections 2152.41 and 2151.65 of the	3374
Revised Code may include both current expenses and other purposes,	3375
provided that the resolution shall apportion the annual rate of	3376
levy between the current expenses and the other purpose or	3377
purposes. The apportionment need not be the same for each year of	3378
the levy, but the respective portions of the rate actually levied	3379
each year for the current expenses and the other purpose or	3380
purposes shall be limited by the apportionment.	3381

Whenever a board of county commissioners, acting either as	3382
the taxing authority of its county or as the taxing authority of a	3383
sewer district or subdistrict created under Chapter 6117. of the	3384
Revised Code, by resolution declares it necessary to levy a tax in	3385
excess of the ten-mill limitation for the purpose of constructing,	3386
improving, or extending sewage disposal plants or sewage systems,	3387
the tax may be in effect for any number of years not exceeding	3388
twenty, and the proceeds of the tax, notwithstanding the general	3389
provisions of this section, may be used to pay debt charges on any	3390
obligations issued and outstanding on behalf of the subdivision	3391
for the purposes enumerated in this paragraph, provided that any	3392
such obligations have been specifically described in the	3393
resolution.	3394

The resolution shall go into immediate effect upon its	3395
passage, and no publication of the resolution is necessary other	3396
than that provided for in the notice of election.	3397

When the electors of a subdivision have approved a tax levy	3398
under this section, the taxing authority of the subdivision may	3399
anticipate a fraction of the proceeds of the levy and issue	3400
anticipation notes in accordance with section 5705.191 or 5705.193	3401
of the Revised Code.	3402

Sec. 5705.218.  (A) The board of education of a city, local,	3403
or exempted village school district, at any time by a vote of	3404
two-thirds of all its members, may declare by resolution that it	3405
may be necessary for the school district to issue general	3406
obligation bonds for permanent improvements. The resolution shall	3407
state all of the following:	3408

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

3409

(2) The date of the special election at which the question	3410
shall be submitted to the electors;	3411

(3) The amount, approximate date, estimated rate of	3412
interest, and maximum number of years over which the principal of	3413
the bonds may be paid;	3414

(4) The necessity of levying a tax outside the ten-mill	3415
limitation to pay debt charges on the bonds and any anticipatory	3416
securities.	3417

On adoption of the resolution, the board shall certify a copy	3418
of it to the county auditor. The county auditor promptly shall	3419
estimate and certify to the board the average annual property tax	3420
rate required throughout the stated maturity of the bonds to pay	3421
debt charges on the bonds, in the same manner as under division	3422
(C) of section 133.18 of the Revised Code.	3423

(B) After receiving the county auditor's certification under	3424
division (A) of this section, the board of education of the city,	3425
local, or exempted village school district, by a vote of	3426
two-thirds of all its members, may declare by resolution that the	3427
amount of taxes that can be raised within the ten-mill limitation	3428
will be insufficient to provide an adequate amount for the present	3429
and future requirements of the school district; that it is	3430
necessary to issue general obligation bonds of the school district	3431
for permanent improvements and to levy an additional tax in excess	3432
of the ten-mill limitation to pay debt charges on the bonds and	3433
any anticipatory securities; that it is necessary for a specified	3434
number of years or for a continuing period of time to levy	3435
additional taxes in excess of the ten-mill limitation to provide	3436
funds for the acquisition, construction, enlargement, renovation,	3437
and financing of permanent improvements or to pay for current	3438
operating expenses, or both; and that the question of the bonds	3439
and taxes shall be submitted to the electors of the school	3440
district at a special election, which shall not be earlier than	3441
seventy-five days after certification of the resolution to the	3442
board of elections, and the date of which shall be consistent with	3443
section 3501.01 of the Revised Code. The resolution shall specify	3444
all of the following:	3445

(1) The county auditor's estimate of the average annual	3446
property tax rate required throughout the stated maturity of the	3447
bonds to pay debt charges on the bonds;	3448

(2) The proposed rate of the tax, if any, for current	3449
operating expenses, the first year the tax will be levied, and the	3450
number of years it will be levied, or that it will be levied for a	3451
continuing period of time;	3452

(3) The proposed rate of the tax, if any, for permanent	3453
improvements, 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

The resolution shall apportion the annual rate of the tax	3457
between current operating expenses and permanent improvements, if	3458
both taxes are proposed. The apportionment may but need not be	3459
the same for each year of the tax, but the respective portions of	3460
the rate actually levied each year for current operating expenses	3461
and permanent improvements shall be limited by the apportionment.	3462
The resolution shall go into immediate effect upon its passage,	3463
and no publication of it is necessary other than that provided in	3464
the notice of election. The board of education shall certify a	3465
copy of the resolution, along with copies of the auditor's	3466
estimate and its resolution under division (A) of this section, to	3467
the board of elections immediately after its adoption.	3468

(C) The board of elections shall make the arrangements for	3469
the submission of the question to the electors of the school	3470
district, and the election shall be conducted, canvassed, and	3471
certified in the same manner as regular elections in the district	3472
for the election of county officers. The resolution shall be put	3473
before the electors as one ballot question, with a favorable vote	3474
indicating approval of the bond issue, the levy to pay debt	3475
charges on the bonds and any anticipatory securities, the current	3476
operating expenses levy, and the permanent improvements levy, if	3477
either or both levies are proposed. The board of elections shall	3478
publish notice of the election in one or more newspapers of	3479
general circulation in the school district once a week for four	3480
consecutive weeks. The notice of election shall state all of the	3481
following:	3482

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

3483

(2) The permanent improvements for which the bonds are to be	3484
issued;	3485

(3) The maximum number of years over which the principal of	3486
the bonds may be paid;	3487

(4) The estimated additional average annual property tax	3488
rate to pay the debt charges on the bonds, as certified by the	3489
county auditor;	3490

(5) The proposed rate of the additional tax, if any, for	3491
current operating expenses;	3492

(6) The number of years the current operating expenses tax	3493
will be in effect, or that it will be in effect for a continuing	3494
period of time;	3495

(7) The proposed rate of the additional tax, if any, for	3496
permanent improvements;	3497

(8) The number of years the permanent improvements tax will	3498
be in effect, or that it will be in effect for a continuing period	3499
of time;	3500

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

3501

(D) The form of the ballot for an election under this	3502
section is as follows:	3503

"Shall the .......... school district be authorized to do the	3504
following:	3505

(1) Issue bonds for the purpose of .......... in the	3506
principal amount of $......, to be repaid annually over a maximum	3507
period of ...... years, and levy a property tax outside the	3508
ten-mill limitation, estimated by the county auditor to average	3509
over the bond repayment period ...... mills for each one dollar of	3510
tax valuation, which amounts to ...... (rate expressed in cents or	3511
dollars and cents, such as "36 cents" or "$1.41") for each $100 of	3512
tax valuation, to pay the annual debt charges on the bonds, and to	3513
pay debt charges on any notes issued in anticipation of those	3514
bonds?"	3515

If either a levy for permanent improvements or a levy for	3516
current operating expenses is proposed, or both are proposed, the	3517
ballot also shall contain the following language, as appropriate:	3518

"(2) Levy an additional property tax to provide funds for	3519
the acquisition, construction, enlargement, renovation, and	3520
financing of permanent improvements at a rate not exceeding	3521
....... mills for each one dollar of tax valuation, which amounts	3522
to ....... (rate expressed in cents or dollars and cents) for each	3523
$100 of tax valuation, for ...... (number of years of the levy, or	3524
a continuing period of time)?	3525

(3) Levy an additional property tax to pay current operating	3526
expenses at a rate not exceeding ....... mills for each one dollar	3527
of tax valuation, which amounts to ....... (rate expressed in	3528
cents or dollars and cents) for each $100 of tax valuation, for	3529
....... (number of years of the levy, or a continuing period of	3530
time)?	3531

3532

3535

(E) The board of elections promptly shall certify the	3536
results of the election to the tax commissioner and the county	3537
auditor of the county in which the school district is located. If	3538
a majority of the electors voting on the question vote for it, the	3539
board of education may proceed with issuance of the bonds and with	3540
the levy and collection of the property tax or taxes at the	3541
additional rate or any lesser rate in excess of the ten-mill	3542
limitation. Any securities issued by the board of education under	3543
this section are Chapter 133. securities, as that term is defined	3544
in section 133.01 of the Revised Code.	3545

(F)(1) After the approval of a tax for current operating	3546
expenses under this section and prior to the time the first	3547
collection and distribution from the levy can be made, the board	3548
of education may anticipate a fraction of the proceeds of such	3549
levy and issue anticipation notes in a principal amount not	3550
exceeding fifty per cent of the total estimated proceeds of the	3551
tax to be collected during the first year of the levy.	3552

(2) After the approval of a tax under this section for	3553
permanent improvements having a specific purpose, the board of	3554
education may anticipate a fraction of the proceeds of such tax	3555
and issue anticipation notes in a principal amount not exceeding	3556
fifty per cent of the total estimated proceeds of the tax	3557
remaining to be collected in each year over a period of five years	3558
after issuance of the notes.	3559

(3) After the approval of a tax for general, on-going	3560
permanent improvements under this section, the board of education	3561
may anticipate a fraction of the proceeds of such tax and issue	3562
anticipation notes in a principal amount not exceeding fifty per	3563
cent of the total estimated proceeds of the tax to be collected in	3564
each year over a specified period of years, not exceeding ten,	3565
after issuance of the notes.	3566

Anticipation notes under this section shall be issued as	3567
provided in section 133.24 of the Revised Code. Notes issued	3568
under division (F)(1) or (2) of this section shall have principal	3569
payments during each year after the year of their issuance over a	3570
period not to exceed five years, and may have a principal payment	3571
in the year of their issuance. Notes issued under division (F)(3)	3572
of this section shall have principal payments during each year	3573
after the year of their issuance over a period not to exceed ten	3574
years, and may have a principal payment in the year of their	3575
issuance.	3576

(G) A tax for current operating expenses or for permanent	3577
improvements levied under this section for a specified number of	3578
years may be renewed or replaced in the same manner as a tax for	3579
current operating expenses or for permanent improvements levied	3580
under section 5705.21 of the Revised Code. A tax for current	3581
operating expenses or for permanent improvements levied under this	3582
section for a continuing period of time may be decreased in	3583
accordance with section 5705.261 of the Revised Code.	3584

(H) The submission of a question to the electors under this	3585
section is subject to the limitation on the number of elections	3586
that can be held in a year under section 5705.214 of the Revised	3587
Code.	3588

(I) A school district board of education proposing a ballot	3589
measure under this section to generate local resources for a	3590
project under the school building assistance expedited local	3591
partnership program under section 3318.36 of the Revised Code may	3592
combine the questions under division (D) of this section with a	3593
question for the levy of a property tax to generate moneys for	3594
maintenance of the classroom facilities acquired under that	3595
project as prescribed in section 3318.361 of the Revised Code.	3596

Sec. 5709.081.  (A) Real and tangible personal property	3597
owned by a political subdivision that is a public recreational	3598
facility for athletic events shall be exempt from taxation if all	3599
of the following apply:	3600

(1) The property is controlled and managed by a political	3601
subdivision or a county-related corporation or by a similar	3602
corporation under the direct control of a political subdivision	3603
and whose members and trustees are chosen or appointed by the	3604
subdivision;	3605

(2) All revenues and receipts derived by the subdivision or	3606
corporation that controls and manages the property, after	3607
deducting amounts needed to pay necessary expenses for the	3608
operation and management of the property, accrue to the political	3609
subdivision owning the property;	3610

(3) The property is not occupied and used for more than	3611
seven days in any calendar month by any private entity for profit	3612
or for more than a total of fifteen days in any calendar month by	3613
all such private entities for profit;	3614

(4) The property is under the direction and control of the	3615
political subdivision or managing corporation whenever it is being	3616
used by a private entity for profit;	3617

(5) The primary user or users of the property, if such a	3618
primary user exists, are controlled and managed by the political	3619
subdivision or corporation that controls and manages the property.	3620

(B) Tangible personal property, and all buildings,	3621
structures, improvements, and fixtures of any kind on the land,	3622
that are constructed or, in the case of personal property,	3623
acquired after March 2, 1992, and are part of or used in a public	3624
recreational facility used by a major league professional athletic	3625
team or a class A to class AAA minor league affiliate of a major	3626
league baseball team for a significant portion of its home	3627
schedule, and land acquired by a political subdivision in 1999 for	3628
such purposes, are declared to be public property used for a	3629
public purpose and are exempt from taxation, if all of the	3630
following apply:	3631

(1) Such property is owned by one or more political	3632
subdivisions or by a corporation controlled by such subdivisions;	3633

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

3634

(a) Constructed or, in the case of personal property,	3635
acquired pursuant to an agreement with a municipal corporation to	3636
implement a development, redevelopment, or renewal plan for an	3637
area declared by the municipal corporation to be a slum or	3638
blighted area, as those terms are defined in section 725.01 of the	3639
Revised Code;	3640

(b) Financed in whole or in part with public obligations as	3641
defined in section 5709.76 of the Revised Code or otherwise paid	3642
for in whole or in part by one or more political subdivisions;	3643

(c) An improvement or addition to property defined in	3644
division (B)(2)(a) or (b) of this section.	3645

(3) Such property is controlled and managed by oneeither of	3646
the following:	3647

(a) One or more of the political subdivisions or the	3648
corporation that owns it, or controlled and managed by a;	3649

(b) A designee, tenant, or agent of such political	3650
subdivision or subdivisions or corporation pursuant to a	3651
management, lease, or similar written agreement.	3652

(4) The primary user or users of such property, if a primary	3653
user or primary users exist, either:	3654

(a) Are controlled and managed by one or more of the	3655
political subdivisions or the corporation that owns the property;	3656
or	3657

(b) Operate under leases, licenses, management agreements, or	3658
similar arrangements with, and providing for the payment of rents,	3659
revenues, or other remuneration to, one or more of the political	3660
subdivisions or the corporation that owns the property.	3661

(5) Any residual cash accrues to the political subdivision	3662
or subdivisions that own the property or that control the	3663
corporation that owns the property, and is used for the public	3664
purposes of the subdivision or subdivisions. As used in division	3665
(B)(5) of this section, "residual cash" means any revenue and	3666
receipts derived from the property by the political subdivision or	3667
subdivisions or corporation that owns the property and that are	3668
available for unencumbered use by the political subdivision or	3669
subdivisions or corporation, after deducting amounts needed to	3670
make necessary expenditures, pay debt service, and provide for	3671
working capital related to the ownership, management, operation,	3672
and use of the property, including payments of taxes on the	3673
taxable part of the public recreational facility, contractually	3674
obligated payments or deposits into reserves or otherwise, and	3675
service payments under section 307.699 of the Revised Code.	3676

(C) The exemption provided in division (B) of this section	3677
also applies to both of the following:	3678

(1) The property during its construction or, in the case of	3679
tangible personal property, acquisition during the construction	3680
period, if the owner meets the condition of division (B)(1) of	3681
this section and has agreements that provide for the satisfaction	3682
of all other conditions of division (B) of this section upon the	3683
completion of the construction;	3684

(2) Any improvement or addition made after March 2, 1992, to	3685
a public recreational facility that was constructed before March	3686
2, 1992, as long as all other conditions in division (B) of this	3687
section are met.	3688

(D) A corporation that owns property exempt from taxation	3689
under division (B) of this section is a public body for the	3690
purposes of section 121.22 of the Revised Code. The corporation's	3691
records are public records for the purposes of section 149.43 of	3692
the Revised Code, except records related to matters set forth in	3693
division (G) of section 121.22 of the Revised Code and records	3694
related to negotiations that are not yet completed for financing,	3695
leases, or other agreements.	3696

(E) The exemption under division (B) of this section applies	3697
to property that is owned by the political subdivision or	3698
subdivisions or the corporation that owns the public recreational	3699
facility. Tangible personal property owned by users, managers, or	3700
lessees of the facility is taxable when used in the public	3701
recreational facility.	3702

(F) Nothing in this section or in any other section of the	3703
Revised Code prohibits or otherwise precludes an agreement between	3704
a political subdivision, or a corporation controlled by a	3705
political subdivision, that owns or operates a public recreational	3706
facility that is exempted from taxation under division (A) or (B)	3707
of this section and the board of education of a school district or	3708
the legislative authority of a municipal corporation, or both, in	3709
which all or a part of that facility is located, providing for	3710
payments to the school district or municipal corporation, or both,	3711
in lieu of taxes that otherwise would be charged against real and	3712
tangible personal property exempted from taxation under this	3713
section, for a period of time and under such terms and conditions	3714
as the legislative authority of the political subdivision and the	3715
board of education or municipal legislative authority, or both,	3716
may agree, which agreements are hereby specifically authorized.	3717

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

3718

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

3719

(a) Persons employed in the construction of real property	3720
exempted from taxation under the chapters or sections of the	3721
Revised Code enumerated in division (B) of this section;	3722

(b) Persons not described by division (A)(1)(a) of this	3723
section who are first employed at the site of such property and	3724
who within the two previous years have not been subject, prior to	3725
being employed at that site, to income taxation by the municipal	3726
corporation within whose territory the site is located on income	3727
derived from employment for the person's current employer. "New	3728
employee" does not include any person who replaces a person who is	3729
not a new employee under division (A)(1) of this section.	3730

(2) "Infrastructure costs" means costs incurred by a	3731
municipal corporation in a calendar year to acquire, construct,	3732
reconstruct, improve, plan, or equip real or tangible personal	3733
property that directly benefits or will directly benefit the	3734
exempted property. If the municipal corporation finances the	3735
acquisition, construction, reconstruction, improvement, planning,	3736
or equipping of real or tangible personal property that directly	3737
benefits the exempted property by issuing debt, "infrastructure	3738
costs" means the annual debt charges incurred by the municipal	3739
corporation from the issuance of such debt. Real or tangible	3740
personal property directly benefits exempted property only if the	3741
exempted property places or will place direct, additional demand	3742
on the real or tangible personal property for which such costs	3743
were or will be incurred.	3744

(B) Except as otherwise provided under division (C) of this	3745
section, the legislative authority of any political subdivision	3746
that has acted under the authority of Chapter 725. or 1728.,	3747
sections 3735.65 to 3735.70, or section 5709.40, 5709.41, 5709.62,	3748
5709.63, 5709.632, 5709.73, 5709.78, 5709.84, or 5709.88 of the	3749
Revised Code to grant an exemption from taxation for real or	3750
tangible personal property may negotiate with the board of	3751
education of each city, local, or exempted village, or joint	3752
vocational school district within the territory of which the	3753
exempted property is located, and enter into an agreement whereby	3754
the school district is compensated for tax revenue that the school	3755
district would have received had the property not been exempted	3756
from taxation.	3757

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

3758

(1) The legislative authority of a municipal corporation	3759
that has acted under the authority of division (H) of section	3760
715.70 or section 715.81 of the Revised Code to consent to the	3761
granting of an exemption from taxation for real or tangible	3762
personal property in a joint economic development district.	3763

(2) The legislative authority of a municipal corporation	3764
that has specified in an ordinance adopted under section 5709.40	3765
or 5709.41 of the Revised Code that payments in lieu of taxes	3766
provided for under section 5709.42 of the Revised Code shall be	3767
paid to the city, local, or exempted village school district in	3768
which the improvements are located in the amount of taxes that	3769
would have been payable to the school district if the improvements	3770
had not been exempted from taxation, as directed in the ordinance.	3771

If the legislative authority of any municipal corporation has	3772
acted under the authority of Chapter 725. or 1728. or section	3773
3735.671, 5709.40, 5709.41, 5709.62, 5709.63, 5709.632, or	3774
5709.88, or a housing officer under section 3735.67 of the Revised	3775
Code, to grant or consent to the granting of an exemption from	3776
taxation for real or tangible personal property on or after July	3777
1, 1994, the municipal corporation imposes a tax on incomes, and	3778
the payroll of new employees resulting from the exercise of that	3779
authority equals or exceeds one million dollars in any tax year	3780
for which such property is exempted, the legislative authority and	3781
the board of education of each city, local, or exempted village	3782
school district within the territory of which the exempted	3783
property is located shall attempt to negotiate an agreement	3784
providing for compensation to the school district for all or a	3785
portion of the tax revenue the school district would have received	3786
had the property not been exempted from taxation. The agreement	3787
may include as a party the owner of the property exempted or to be	3788
exempted from taxation and may include provisions obligating the	3789
owner to compensate the school district by paying cash or	3790
providing property or services by gift, loan, or otherwise. Such	3791
an obligation is enforceable by the board of education of the	3792
school district pursuant to the terms of the agreement.	3793

If the legislative authority and board of education fail to	3794
negotiate an agreement that is mutually acceptable within six	3795
months of formal approval by the legislative authority of the	3796
instrument granting the exemption, the legislative authority shall	3797
compensate the school district in the amount and manner prescribed	3798
by division (D) of this section.	3799

(D) Annually, the legislative authority of a municipal	3800
corporation subject to this division shall pay to the city, local,	3801
or exempted village school district within the territory of which	3802
the exempted property is located an amount equal to fifty per cent	3803
of the difference between the amount of taxes levied and collected	3804
by the municipal corporation on the incomes of new employees in	3805
the calendar year ending on the day the payment is required to be	3806
made, and the amount of any infrastructure costs incurred in that	3807
calendar year. For purposes of such computation, the amount of	3808
infrastructure costs shall not exceed thirty-five per cent of the	3809
amount of those taxes unless the board of education of the school	3810
district, by resolution adopted by a majority of the board,	3811
approves an amount in excess of that percentage. If the amount of	3812
those taxes or infrastructure costs must be estimated at the time	3813
the payment is made, payments in subsequent years shall be	3814
adjusted to compensate for any departure of those estimates from	3815
the actual amount of those taxes.	3816

A municipal corporation required to make a payment under this	3817
section shall make the payment from its general fund or a special	3818
fund established for the purpose. The payment is payable on the	3819
thirty-first day of December of the tax year for or in which the	3820
exemption from taxation commences and on that day for each	3821
subsequent tax year property is exempted and the legislative	3822
authority and board fail to negotiate an acceptable agreement	3823
under division (C) of this section.	3824

Sec. 5739.01.  As used in this chapter:

3825

(A) "Person" includes individuals, receivers, assignees,	3826
trustees in bankruptcy, estates, firms, partnerships,	3827
associations, joint-stock companies, joint ventures, clubs,	3828
societies, corporations, the state and its political subdivisions,	3829
and combinations of individuals of any form.	3830

(B) "Sale" and "selling" include all of the following	3831
transactions for a consideration in any manner, whether absolutely	3832
or conditionally, whether for a price or rental, in money or by	3833
exchange, and by any means whatsoever:	3834

(1) All transactions by which title or possession, or both,	3835
of tangible personal property, is or is to be transferred, or a	3836
license to use or consume tangible personal property is or is to	3837
be granted;	3838

(2) All transactions by which lodging by a hotel is or is to	3839
be furnished to transient guests;	3840

(3) All transactions by which:

3841

(a) An item of tangible personal property is or is to be	3842
repaired, except property, the purchase of which would be exempt	3843
from the tax imposed by section 5739.02 of the Revised Code;	3844

(b) An item of tangible personal property is or is to be	3845
installed, except property, the purchase of which would be exempt	3846
from the tax imposed by section 5739.02 of the Revised Code or	3847
property that is or is to be incorporated into and will become a	3848
part of a production, transmission, transportation, or	3849
distribution system for the delivery of a public utility service;	3850

(c) The service of washing, cleaning, waxing, polishing, or	3851
painting a motor vehicle is or is to be furnished;	3852

(d) Industrial laundry cleaning services are or are to be	3853
provided;	3854

(e) Automatic data processing, computer services, or	3855
electronic information services are or are to be provided for use	3856
in business when the true object of the transaction is the receipt	3857
by the consumer of automatic data processing, computer services,	3858
or electronic information services rather than the receipt of	3859
personal or professional services to which automatic data	3860
processing, computer services, or electronic information services	3861
are incidental or supplemental. Notwithstanding any other	3862
provision of this chapter, such transactions that occur between	3863
members of an affiliated group are not sales. An affiliated group	3864
means two or more persons related in such a way that one person	3865
owns or controls the business operation of another member of the	3866
group. In the case of corporations with stock, one corporation	3867
owns or controls another if it owns more than fifty per cent of	3868
the other corporation's common stock with voting rights.	3869

(f) Telecommunications service is provided that originates	3870
or terminates in this state and is charged in the records of the	3871
telecommunications service vendor to the consumer's telephone	3872
number or account in this state, or that both originates and	3873
terminates in this state; but does not include transactions by	3874
which telecommunications service is paid for by using a prepaid	3875
authorization number or prepaid telephone calling card, or by	3876
which local telecommunications service is obtained from a	3877
coin-operated telephone and paid for by using coin;	3878

(g) Landscaping and lawn care service is or is to be	3879
provided;	3880

(h) Private investigation and security service is or is to	3881
be provided;	3882

(i) Information services or tangible personal property is	3883
provided or ordered by means of a nine hundred telephone call;	3884

(j) Building maintenance and janitorial service is or is to	3885
be provided;	3886

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

3887

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

3888

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

3889

(n) Physical fitness facility service is or is to be	3890
provided;	3891

(o) Recreation and sports club service is or is to be	3892
provided.	3893

(4) All transactions by which printed, imprinted,	3894
overprinted, lithographic, multilithic, blueprinted, photostatic,	3895
or other productions or reproductions of written or graphic matter	3896
are or are to be furnished or transferred;	3897

(5) The production or fabrication of tangible personal	3898
property for a consideration for consumers who furnish either	3899
directly or indirectly the materials used in the production of	3900
fabrication work; and include the furnishing, preparing, or	3901
serving for a consideration of any tangible personal property	3902
consumed on the premises of the person furnishing, preparing, or	3903
serving such tangible personal property. Except as provided in	3904
section 5739.03 of the Revised Code, a construction contract	3905
pursuant to which tangible personal property is or is to be	3906
incorporated into a structure or improvement on and becoming a	3907
part of real property is not a sale of such tangible personal	3908
property. The construction contractor is the consumer of such	3909
tangible personal property, provided that the sale and	3910
installation of carpeting, the sale and installation of	3911
agricultural land tile, the sale and erection or installation of	3912
portable grain bins, or the provision of landscaping and lawn care	3913
service and the transfer of property as part of such service is	3914
never a construction contract. The transfer of copyrighted motion	3915
picture films for exhibition purposes is not a sale, except such	3916
films as are used solely for advertising purposes. Other than as	3917
provided in this section, "sale" and "selling" do not include	3918
transfers of interest in leased property where the original lessee	3919
and the terms of the original lease agreement remain unchanged, or	3920
professional, insurance, or personal service transactions that	3921
involve the transfer of tangible personal property as an	3922
inconsequential element, for which no separate charges are made.	3923

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

3924

(a) "Agricultural land tile" means fired clay or concrete	3925
tile, or flexible or rigid perforated plastic pipe or tubing,	3926
incorporated or to be incorporated into a subsurface drainage	3927
system appurtenant to land used or to be used directly in	3928
production by farming, agriculture, horticulture, or floriculture.	3929
The term does not include such materials when they are or are to	3930
be incorporated into a drainage system appurtenant to a building	3931
or structure even if the building or structure is used or to be	3932
used in such production.	3933

(b) "Portable grain bin" means a structure that is used or	3934
to be used by a person engaged in farming or agriculture to	3935
shelter the person's grain and that is designed to be disassembled	3936
without significant damage to its component parts.	3937

(6) All transactions in which all of the shares of stock of	3938
a closely held corporation are transferred, if the corporation is	3939
not engaging in business and its entire assets consist of boats,	3940
planes, motor vehicles, or other tangible personal property	3941
operated primarily for the use and enjoyment of the shareholders;	3942

(7) All transactions in which a warranty, maintenance or	3943
service contract, or similar agreement by which the vendor of the	3944
warranty, contract, or agreement agrees to repair or maintain the	3945
tangible personal property of the consumer is or is to be	3946
provided;	3947

(8) All transactions by which a prepaid authorization number	3948
or a prepaid telephone calling card is or is to be transferred.	3949

(C) "Vendor" means the person providing the service or by	3950
whom the transfer effected or license given by a sale is or is to	3951
be made or given and, for sales described in division (B)(3)(i) of	3952
this section, the telecommunications service vendor that provides	3953
the nine hundred telephone service; if two or more persons are	3954
engaged in business at the same place of business under a single	3955
trade name in which all collections on account of sales by each	3956
are made, such persons shall constitute a single vendor.	3957

Physicians, dentists, hospitals, and veterinarians who are	3958
engaged in selling tangible personal property as received from	3959
others, such as eyeglasses, mouthwashes, dentifrices, or similar	3960
articles, are vendors. Veterinarians who are engaged in	3961
transferring to others for a consideration drugs, the dispensing	3962
of which does not require an order of a licensed veterinarian or	3963
physician under federal law, are vendors.	3964

(D)(1) "Consumer" means the person for whom the service is	3965
provided, to whom the transfer effected or license given by a sale	3966
is or is to be made or given, to whom the service described in	3967
division (B)(3)(f) or (i) of this section is charged, or to whom	3968
the admission is granted.	3969

(2) Physicians, dentists, hospitals, and blood banks	3970
operated by nonprofit institutions and persons licensed to	3971
practice veterinary medicine, surgery, and dentistry are consumers	3972
of all tangible personal property and services purchased by them	3973
in connection with the practice of medicine, dentistry, the	3974
rendition of hospital or blood bank service, or the practice of	3975
veterinary medicine, surgery, and dentistry. In addition to being	3976
consumers of drugs administered by them or by their assistants	3977
according to their direction, veterinarians also are consumers of	3978
drugs that under federal law may be dispensed only by or upon the	3979
order of a licensed veterinarian or physician, when transferred by	3980
them to others for a consideration to provide treatment to animals	3981
as directed by the veterinarian.	3982

(3) A person who performs a facility management, or similar	3983
service contract for a contractee is a consumer of all tangible	3984
personal property and services purchased for use in connection	3985
with the performance of such contract, regardless of whether title	3986
to any such property vests in the contractee. The purchase of	3987
such property and services is not subject to the exception for	3988
resale under division (E)(1) of this section.	3989

(4)(a) In the case of a person who purchases printed matter	3990
for the purpose of distributing it or having it distributed to the	3991
public or to a designated segment of the public, free of charge,	3992
that person is the consumer of that printed matter, and the	3993
purchase of that printed matter for that purpose is a sale.	3994

(b) In the case of a person who produces, rather than	3995
purchases, printed matter for the purpose of distributing it or	3996
having it distributed to the public or to a designated segment of	3997
the public, free of charge, that person is the consumer of all	3998
tangible personal property and services purchased for use or	3999
consumption in the production of that printed matter. That person	4000
is not entitled to claim exception under division (E)(8) of this	4001
section for any material incorporated into the printed matter or	4002
any equipment, supplies, or services primarily used to produce the	4003
printed matter.	4004

(c) The distribution of printed matter to the public or to a	4005
designated segment of the public, free of charge, is not a sale to	4006
the members of the public to whom the printed matter is	4007
distributed or to any persons who purchase space in the printed	4008
matter for advertising or other purposes.	4009

(5) A person who makes sales of any of the services listed	4010
in division (B)(3) of this section is the consumer of any tangible	4011
personal property used in performing the service. The purchase of	4012
that property is not subject to the resale exception under	4013
division (E)(1) of this section.	4014

(E) "Retail sale" and "sales at retail" include all sales	4015
except those in which the purpose of the consumer is:	4016

(1) To resell the thing transferred or benefit of the	4017
service provided, by a person engaging in business, in the form in	4018
which the same is, or is to be, received by the person;	4019

(2) To incorporate the thing transferred as a material or a	4020
part, into tangible personal property to be produced for sale by	4021
manufacturing, assembling, processing, or refining, or to use or	4022
consume the thing transferred directly in producing a product for	4023
sale by mining, including without limitation the extraction from	4024
the earth of all substances that are classed geologically as	4025
minerals, production of crude oil and natural gas, farming,	4026
agriculture, horticulture, or floriculture, and persons engaged in	4027
rendering farming, agricultural, horticultural, or floricultural	4028
services, and services in the exploration for, and production of,	4029
crude oil and natural gas, for others are deemed engaged directly	4030
in farming, agriculture, horticulture, and floriculture, or	4031
exploration for, and production of, crude oil and natural gas;	4032
directly in the rendition of a public utility service, except that	4033
the sales tax levied by section 5739.02 of the Revised Code shall	4034
be collected upon all meals, drinks, and food for human	4035
consumption sold upon Pullman and railroad coaches. This	4036
paragraph does not exempt or except from "retail sale" or "sales	4037
at retail" the sale of tangible personal property that is to be	4038
incorporated into a structure or improvement to real property.	4039

(3) To hold the thing transferred as security for the	4040
performance of an obligation of the vendor;	4041

(4) To use or consume the thing transferred in the process	4042
of reclamation as required by Chapters 1513. and 1514. of the	4043
Revised Code;	4044

(5) To resell, hold, use, or consume the thing transferred	4045
as evidence of a contract of insurance;	4046

(6) To use or consume the thing directly in commercial	4047
fishing;	4048

(7) To incorporate the thing transferred as a material or a	4049
part into, or to use or consume the thing transferred directly in	4050
the production of, magazines distributed as controlled circulation	4051
publications;	4052

(8) To use or consume the thing transferred in the	4053
production and preparation in suitable condition for market and	4054
sale of printed, imprinted, overprinted, lithographic,	4055
multilithic, blueprinted, photostatic, or other productions or	4056
reproductions of written or graphic matter;	4057

(9) To use the thing transferred, as described in section	4058
5739.011 of the Revised Code, primarily in a manufacturing	4059
operation to produce tangible personal property for sale;	4060

(10) To use the benefit of a warranty, maintenance or	4061
service contract, or similar agreement, as defined in division	4062
(B)(7) of this section, to repair or maintain tangible personal	4063
property, if all of the property that is the subject of the	4064
warranty, contract, or agreement would be exempt on its purchase	4065
from the tax imposed by section 5739.02 of the Revised Code;	4066

(11) To use the thing transferred as qualified research and	4067
development equipment;	4068

(12) To use or consume the thing transferred primarily in	4069
storing, transporting, mailing, or otherwise handling purchased	4070
sales inventory in a warehouse, distribution center, or similar	4071
facility when the inventory is primarily distributed outside this	4072
state to retail stores of the person who owns or controls the	4073
warehouse, distribution center, or similar facility, to retail	4074
stores of an affiliated group of which that person is a member, or	4075
by means of direct marketing. Division (E)(12) of this section	4076
does not apply to motor vehicles registered for operation on the	4077
public highways. As used in division (E)(12) of this section,	4078
"affiliated group" has the same meaning as in division (B)(3)(e)	4079
of this section and "direct marketing" has the same meaning as in	4080
division (B)(37) of section 5739.02 of the Revised Code.	4081

(13) To use or consume the thing transferred to fulfill a	4082
contractual obligation incurred by a warrantor pursuant to a	4083
warranty provided as a part of the price of the tangible personal	4084
property sold or by a vendor of a warranty, maintenance or service	4085
contract, or similar agreement the provision of which is defined	4086
as a sale under division (B)(7) of this section;	4087

(14) To use or consume the thing transferred in the	4088
production of a newspaper for distribution to the public;	4089

(15) To use tangible personal property to perform a service	4090
listed in division (B)(3) of this section, if the property is or	4091
is to be permanently transferred to the consumer of the service as	4092
an integral part of the performance of the service.	4093

As used in division (E) of this section, "thing" includes all	4094
transactions included in divisions (B)(3)(a), (b), and (e) of this	4095
section.	4096

Sales conducted through a coin-operated device that activates	4097
vacuum equipment or equipment that dispenses water, whether or not	4098
in combination with soap or other cleaning agents or wax, to the	4099
consumer for the consumer's use on the premises in washing,	4100
cleaning, or waxing a motor vehicle, provided no other personal	4101
property or personal service is provided as part of the	4102
transaction, are not retail sales or sales at retail.	4103

(F) "Business" includes any activity engaged in by any	4104
person with the object of gain, benefit, or advantage, either	4105
direct or indirect. "Business" does not include the activity of a	4106
person in managing and investing the person's own funds.	4107

(G) "Engaging in business" means commencing, conducting, or	4108
continuing in business, and liquidating a business when the	4109
liquidator thereof holds itself out to the public as conducting	4110
such business. Making a casual sale is not engaging in business.	4111

(H)(1) "Price," except as provided in divisions (H)(2) and	4112
(3) of this section, means the aggregate value in money of	4113
anything paid or delivered, or promised to be paid or delivered,	4114
in the complete performance of a retail sale, without any	4115
deduction on account of the cost of the property sold, cost of	4116
materials used, labor or service cost, interest, discount paid or	4117
allowed after the sale is consummated, or any other expense. If	4118
the retail sale consists of the rental or lease of tangible	4119
personal property, "price" means the aggregate value in money of	4120
anything paid or delivered, or promised to be paid or delivered,	4121
in the complete performance of the rental or lease, without any	4122
deduction for tax, interest, labor or service charge, damage	4123
liability waiver, termination or damage charge, discount paid or	4124
allowed after the lease is consummated, or any other expense.	4125
Except as provided in division (H)(4) of this section, the sales	4126
tax shall be calculated and collected by the lessor on each	4127
payment made by the lessee. Price does not include the	4128
consideration received as a deposit refundable to the consumer	4129
upon return of a beverage container, the consideration received as	4130
a deposit on a carton or case that is used for such returnable	4131
containers, or the consideration received as a refundable security	4132
deposit for the use of tangible personal property to the extent	4133
that it actually is refunded, if the consideration for such	4134
refundable deposit is separately stated from the consideration	4135
received or to be received for the tangible personal property	4136
transferred in the retail sale. Such separation must appear in	4137
the sales agreement or on the initial invoice or initial billing	4138
rendered by the vendor to the consumer. Price is the amount	4139
received inclusive of the tax, provided the vendor establishes to	4140
the satisfaction of the tax commissioner that the tax was added to	4141
the price. When the price includes both a charge for tangible	4142
personal property and a charge for providing a service and the	4143
sale of the property and the charge for the service are separately	4144
taxable, or have a separately determinable tax status, the price	4145
shall be separately stated for each such charge so the tax can be	4146
correctly computed and charged.	4147

The tax collected by the vendor from the consumer under this	4148
chapter is not part of the price, but is a tax collection for the	4149
benefit of the state and of counties levying an additional sales	4150
tax pursuant to section 5739.021 or 5739.026 of the Revised Code	4151
and of transit authorities levying an additional sales tax	4152
pursuant to section 5739.023 of the Revised Code. Except for the	4153
discount authorized in section 5739.12 of the Revised Code, no	4154
person other than the state or such a county or transit authority	4155
shall derive any benefit from the collection or payment of such	4156
tax.	4157

(2) In the case of a sale of any new motor vehicle by a new	4158
motor vehicle dealer, as defined in section 4517.01 of the Revised	4159
Code, in which another motor vehicle is accepted by the dealer as	4160
part of the consideration received, "price" has the same meaning	4161
as in division (H)(1) of this section, reduced by the credit	4162
afforded the consumer by the dealer for the motor vehicle received	4163
in trade.	4164

(3) In the case of a sale of any watercraft or outboard	4165
motor by a watercraft dealer licensed in accordance with section	4166
1547.543 of the Revised Code, in which another watercraft,	4167
watercraft and trailer, or outboard motor is accepted by the	4168
dealer as part of the consideration received, "price" has the same	4169
meaning as in division (H)(1) of this section, reduced by the	4170
credit afforded the consumer by the dealer for the watercraft,	4171
watercraft and trailer, or outboard motor received in trade.	4172

(4) In the case of the lease of any motor vehicle designed	4173
by the manufacturer to carry a loadhaving a gross vehicle weight	4174
of not more than one tonthirteen thousand five hundred pounds,	4175
watercraft, outboard motor, or aircraft, or the lease of any	4176
tangible personal property, other than motor vehicles designed by	4177
the manufacturer to carry a loadhaving a gross vehicle weight of	4178
more than one tonthirteen thousand five hundred pounds, to be	4179
used by the lessee primarily for business purposes, the sales tax	4180
shall be collected by the vendor at the time the lease is	4181
consummated and shall be calculated by the vendor on the basis of	4182
the total amount to be paid by the lessee under the lease	4183
agreement. If the total amount of the consideration for the lease	4184
includes amounts that are not calculated at the time the lease is	4185
executed, the tax shall be calculated and collected by the vendor	4186
at the time such amounts are billed to the lessee. In the case of	4187
an open-end lease, the sales tax shall be calculated by the vendor	4188
on the basis of the total amount to be paid during the initial	4189
fixed term of the lease, and then for each subsequent renewal	4190
period as it comes due.	4191

As used in divisions (H)(3) and (4) of this section, "motor	4192
vehicle" has the same meaning as in section 4501.01 of the Revised	4193
Code, "gross vehicle weight" means the unladen weight of a vehicle	4194
fully equipped plus the maximum weight of the load to be carried	4195
on the vehicle, and "watercraft" includes an outdrive unit	4196
attached to the watercraft.	4197

(I) "Receipts" means the total amount of the prices of the	4198
sales of vendors, provided that cash discounts allowed and taken	4199
on sales at the time they are consummated are not included, minus	4200
any amount deducted as a bad debt pursuant to section 5739.121 of	4201
the Revised Code. "Receipts" does not include the sale price of	4202
property returned or services rejected by consumers when the full	4203
sale price and tax are refunded either in cash or by credit.	4204

(J) "Place of business" means any location at which a person	4205
engages in business.	4206

(K) "Premises" includes any real property or portion thereof	4207
upon which any person engages in selling tangible personal	4208
property at retail or making retail sales and also includes any	4209
real property or portion thereof designated for, or devoted to,	4210
use in conjunction with the business engaged in by such person.	4211

(L) "Casual sale" means a sale of an item of tangible	4212
personal property that was obtained by the person making the	4213
sale, through purchase or otherwise, for the person's own use in	4214
this state and was previously subject to any state's taxing	4215
jurisdiction on its sale or use, and includes such items acquired	4216
for the seller's use that are sold by an auctioneer employed	4217
directly by the person for such purpose, provided the location of	4218
such sales is not the auctioneer's permanent place of business. As	4219
used in this division, "permanent place of business" includes any	4220
location where such auctioneer has conducted more than two	4221
auctions during the year.	4222

(M) "Hotel" means every establishment kept, used,	4223
maintained, advertised, or held out to the public to be a place	4224
where sleeping accommodations are offered to guests, in which five	4225
or more rooms are used for the accommodation of such guests,	4226
whether the rooms are in one or several structures.	4227

(N) "Transient guests" means persons occupying a room or	4228
rooms for sleeping accommodations for less than thirty consecutive	4229
days.	4230

(O) "Making retail sales" means the effecting of	4231
transactions wherein one party is obligated to pay the price and	4232
the other party is obligated to provide a service or to transfer	4233
title to or possession of the item sold. "Making retail sales"	4234
does not include the preliminary acts of promoting or soliciting	4235
the retail sales, other than the distribution of printed matter	4236
which displays or describes and prices the item offered for sale,	4237
nor does it include delivery of a predetermined quantity of	4238
tangible personal property or transportation of property or	4239
personnel to or from a place where a service is performed,	4240
regardless of whether the vendor is a delivery vendor.	4241

(P) "Used directly in the rendition of a public utility	4242
service" means that property which is to be incorporated into and	4243
will become a part of the consumer's production, transmission,	4244
transportation, or distribution system and that retains its	4245
classification as tangible personal property after such	4246
incorporation; fuel or power used in the production, transmission,	4247
transportation, or distribution system; and tangible personal	4248
property used in the repair and maintenance of the production,	4249
transmission, transportation, or distribution system, including	4250
only such motor vehicles as are specially designed and equipped	4251
for such use. Tangible personal property and services used	4252
primarily in providing highway transportation for hire are not	4253
used in providing a public utility service as defined in this	4254
division.	4255

(Q) "Refining" means removing or separating a desirable	4256
product from raw or contaminated materials by distillation or	4257
physical, mechanical, or chemical processes.	4258

(R) "Assembly" and "assembling" mean attaching or fitting	4259
together parts to form a product, but do not include packaging a	4260
product.	4261

(S) "Manufacturing operation" means a process in which	4262
materials are changed, converted, or transformed into a different	4263
state or form from which they previously existed and includes	4264
refining materials, assembling parts, and preparing raw materials	4265
and parts by mixing, measuring, blending, or otherwise committing	4266
such materials or parts to the manufacturing process.	4267
"Manufacturing operation" does not include packaging.	4268

(T) "Fiscal officer" means, with respect to a regional	4269
transit authority, the secretary-treasurer thereof, and with	4270
respect to a county that is a transit authority, the fiscal	4271
officer of the county transit board if one is appointed pursuant	4272
to section 306.03 of the Revised Code or the county auditor if the	4273
board of county commissioners operates the county transit system.	4274

(U) "Transit authority" means a regional transit authority	4275
created pursuant to section 306.31 of the Revised Code or a county	4276
in which a county transit system is created pursuant to section	4277
306.01 of the Revised Code. For the purposes of this chapter, a	4278
transit authority must extend to at least the entire area of a	4279
single county. A transit authority that includes territory in	4280
more than one county must include all the area of the most	4281
populous county that is a part of such transit authority. County	4282
population shall be measured by the most recent census taken by	4283
the United States census bureau.	4284

(V) "Legislative authority" means, with respect to a	4285
regional transit authority, the board of trustees thereof, and	4286
with respect to a county that is a transit authority, the board	4287
of county commissioners.	4288

(W) "Territory of the transit authority" means all of the	4289
area included within the territorial boundaries of a transit	4290
authority as they from time to time exist. Such territorial	4291
boundaries must at all times include all the area of a single	4292
county or all the area of the most populous county that is a part	4293
of such transit authority. County population shall be measured by	4294
the most recent census taken by the United States census bureau.	4295

(X) "Providing a service" means providing or furnishing	4296
anything described in division (B)(3) of this section for	4297
consideration.	4298

(Y)(1)(a) "Automatic data processing" means processing of	4299
others' data, including keypunching or similar data entry services	4300
together with verification thereof, or providing access to	4301
computer equipment for the purpose of processing data.	4302

(b) "Computer services" means providing services consisting	4303
of specifying computer hardware configurations and evaluating	4304
technical processing characteristics, computer programming, and	4305
training of computer programmers and operators, provided in	4306
conjunction with and to support the sale, lease, or operation of	4307
taxable computer equipment or systems.	4308

(c) "Electronic information services" means providing access	4309
to computer equipment by means of telecommunications equipment for	4310
the purpose of either of the following:	4311

(i) Examining or acquiring data stored in or accessible to	4312
the computer equipment;	4313

(ii) Placing data into the computer equipment to be	4314
retrieved by designated recipients with access to the computer	4315
equipment.	4316

(d) "Automatic data processing, computer services, or	4317
electronic information services" shall not include personal or	4318
professional services.	4319

(2) As used in divisions (B)(3)(e) and (Y)(1) of this	4320
section, "personal and professional services" means all services	4321
other than automatic data processing, computer services, or	4322
electronic information services, including but not limited to:	4323

(a) Accounting and legal services such as advice on tax	4324
matters, asset management, budgetary matters, quality control,	4325
information security, and auditing and any other situation where	4326
the service provider receives data or information and studies,	4327
alters, analyzes, interprets, or adjusts such material;	4328

(b) Analyzing business policies and procedures;

4329

(c) Identifying management information needs;

4330

(d) Feasibility studies, including economic and technical	4331
analysis of existing or potential computer hardware or software	4332
needs and alternatives;	4333

(e) Designing policies, procedures, and custom software for	4334
collecting business information, and determining how data should	4335
be summarized, sequenced, formatted, processed, controlled, and	4336
reported so that it will be meaningful to management;	4337

(f) Developing policies and procedures that document how	4338
business events and transactions are to be authorized, executed,	4339
and controlled;	4340

(g) Testing of business procedures;

4341

(h) Training personnel in business procedure applications;

4342

(i) Providing credit information to users of such	4343
information by a consumer reporting agency, as defined in the	4344
"Fair Credit Reporting Act," 84 Stat. 1114, 1129 (1970), 15 U.S.C.	4345
1681a(f), or as hereafter amended, including but not limited to	4346
gathering, organizing, analyzing, recording, and furnishing such	4347
information by any oral, written, graphic, or electronic medium;	4348

(j) Providing debt collection services by any oral, written,	4349
graphic, or electronic means.	4350

The services listed in divisions (Y)(2)(a) to (j) of this	4351
section are not automatic data processing or computer services.	4352

(Z) "Highway transportation for hire" means the	4353
transportation of personal property belonging to others for	4354
consideration by any of the following:	4355

(1) The holder of a permit or certificate issued by this	4356
state or the United States authorizing the holder to engage in	4357
transportation of personal property belonging to others for	4358
consideration over or on highways, roadways, streets, or any	4359
similar public thoroughfare;	4360

(2) A person who engages in the transportation of personal	4361
property belonging to others for consideration over or on	4362
highways, roadways, streets, or any similar public thoroughfare	4363
but who could not have engaged in such transportation on December	4364
11, 1985, unless the person was the holder of a permit or	4365
certificate of the types described in division (Z)(1) of this	4366
section;	4367

(3) A person who leases a motor vehicle to and operates it	4368
for a person described by division (Z)(1) or (2) of this section.	4369

(AA) "Telecommunications service" means the transmission of	4370
any interactive, two-way electromagnetic communications, including	4371
voice, image, data, and information, through the use of any medium	4372
such as wires, cables, microwaves, cellular radio, radio waves,	4373
light waves, or any combination of those or similar media.	4374
"Telecommunications service" includes message toll service even	4375
though the vendor provides the message toll service by means of	4376
wide area transmission type service or private communications	4377
service purchased from another telecommunications service	4378
provider, but does not include any of the following:	4379

(1) Sales of incoming or outgoing wide area transmission	4380
service or wide area transmission type service, including eight	4381
hundred or eight-hundred-type service, to the person contracting	4382
for the receipt of that service;	4383

(2) Sales of private communications service to the person	4384
contracting for the receipt of that service that entitles the	4385
purchaser to exclusive or priority use of a communications channel	4386
or group of channels between exchanges;	4387

(3) Sales of telecommunications service by companies subject	4388
to the excise tax imposed by Chapter 5727. of the Revised Code;	4389

(4) Sales of telecommunications service to a provider of	4390
telecommunications service, including access services, for use in	4391
providing telecommunications service;	4392

(5) Value-added nonvoice services in which computer	4393
processing applications are used to act on the form, content,	4394
code, or protocol of the information to be transmitted;	4395

(6) Transmission of interactive video programming by a cable	4396
television system as defined in section 505.90 of the Revised	4397
Code.	4398

(BB) "Industrial laundry cleaning services" means removing	4399
soil or dirt from or supplying towels, linens, or articles of	4400
clothing that belong to others and are used in a trade or	4401
business.	4402

(CC) "Magazines distributed as controlled circulation	4403
publications" means magazines containing at least twenty-four	4404
pages, at least twenty-five per cent editorial content, issued at	4405
regular intervals four or more times a year, and circulated	4406
without charge to the recipient, provided that such magazines are	4407
not owned or controlled by individuals or business concerns which	4408
conduct such publications as an auxiliary to, and essentially for	4409
the advancement of the main business or calling of, those who own	4410
or control them.	4411

(DD) "Landscaping and lawn care service" means the services	4412
of planting, seeding, sodding, removing, cutting, trimming,	4413
pruning, mulching, aerating, applying chemicals, watering,	4414
fertilizing, and providing similar services to establish, promote,	4415
or control the growth of trees, shrubs, flowers, grass, ground	4416
cover, and other flora, or otherwise maintaining a lawn or	4417
landscape grown or maintained by the owner for ornamentation or	4418
other nonagricultural purpose. However, "landscaping and lawn	4419
care service" does not include the providing of such services by a	4420
person who has less than five thousand dollars in sales of such	4421
services during the calendar year.	4422

(EE) "Private investigation and security service" means the	4423
performance of any activity for which the provider of such service	4424
is required to be licensed pursuant to Chapter 4749. of the	4425
Revised Code, or would be required to be so licensed in performing	4426
such services in this state, and also includes the services of	4427
conducting polygraph examinations and of monitoring or overseeing	4428
the activities on or in, or the condition of, the consumer's home,	4429
business, or other facility by means of electronic or similar	4430
monitoring devices. "Private investigation and security service"	4431
does not include special duty services provided by off-duty police	4432
officers, deputy sheriffs, and other peace officers regularly	4433
employed by the state or a political subdivision.	4434

(FF) "Information services" means providing conversation,	4435
giving consultation or advice, playing or making a voice or other	4436
recording, making or keeping a record of the number of callers,	4437
and any other service provided to a consumer by means of a nine	4438
hundred telephone call, except when the nine hundred telephone	4439
call is the means by which the consumer makes a contribution to a	4440
recognized charity.	4441

(GG) "Research and development" means designing, creating,	4442
or formulating new or enhanced products, equipment, or	4443
manufacturing processes, and conducting scientific or	4444
technological inquiry and experimentation in the physical sciences	4445
with the goal of increasing scientific knowledge which may reveal	4446
the bases for new or enhanced products, equipment, or	4447
manufacturing processes.	4448

(HH) "Qualified research and development equipment" means	4449
capitalized tangible personal property, and leased personal	4450
property that would be capitalized if purchased, used by a person	4451
primarily to perform research and development. Tangible personal	4452
property primarily used in testing, as defined in division (A)(4)	4453
of section 5739.011 of the Revised Code, or used for recording or	4454
storing test results, is not qualified research and development	4455
equipment unless such property is primarily used by the consumer	4456
in testing the product, equipment, or manufacturing process being	4457
created, designed, or formulated by the consumer in the research	4458
and development activity or in recording or storing such test	4459
results.	4460

(II) "Building maintenance and janitorial service" means	4461
cleaning the interior or exterior of a building and any tangible	4462
personal property located therein or thereon, including any	4463
services incidental to such cleaning for which no separate charge	4464
is made. However, "building maintenance and janitorial service"	4465
does not include the providing of such service by a person who has	4466
less than five thousand dollars in sales of such service during	4467
the calendar year.	4468

(JJ) "Employment service" means providing or supplying	4469
personnel, on a temporary or long-term basis, to perform work or	4470
labor under the supervision or control of another, when the	4471
personnel so supplied receive their wages, salary, or other	4472
compensation from the provider of the service. "Employment	4473
service" does not include:	4474

(1) Acting as a contractor or subcontractor, where the	4475
personnel performing the work are not under the direct control of	4476
the purchaser.	4477

(2) Medical and health care services.

4478

(3) Supplying personnel to a purchaser pursuant to a	4479
contract of at least one year between the service provider and the	4480
purchaser that specifies that each employee covered under the	4481
contract is assigned to the purchaser on a permanent basis.	4482

(4) Transactions between members of an affiliated group, as	4483
defined in division (B)(3)(e) of this section.	4484

(KK) "Employment placement service" means locating or	4485
finding employment for a person or finding or locating an employee	4486
to fill an available position.	4487

(LL) "Exterminating service" means eradicating or attempting	4488
to eradicate vermin infestations from a building or structure, or	4489
the area surrounding a building or structure, and includes	4490
activities to inspect, detect, or prevent vermin infestation of a	4491
building or structure.	4492

(MM) "Physical fitness facility service" means all	4493
transactions by which a membership is granted, maintained, or	4494
renewed, including initiation fees, membership dues, renewal fees,	4495
monthly minimum fees, and other similar fees and dues, by a	4496
physical fitness facility such as an athletic club, health spa, or	4497
gymnasium, which entitles the member to use the facility for	4498
physical exercise.	4499

(NN) "Recreation and sports club service" means all	4500
transactions by which a membership is granted, maintained, or	4501
renewed, including initiation fees, membership dues, renewal fees,	4502
monthly minimum fees, and other similar fees and dues, by a	4503
recreation and sports club, which entitles the member to use the	4504
facilities of the organization. "Recreation and sports club"	4505
means an organization that has ownership of, or controls or leases	4506
on a continuing, long-term basis, the facilities used by its	4507
members and includes an aviation club, gun or shooting club, yacht	4508
club, card club, swimming club, tennis club, golf club, country	4509
club, riding club, amateur sports club, or similar organization.	4510

(OO) "Livestock" means farm animals commonly raised for food	4511
or food production, and includes but is not limited to cattle,	4512
sheep, goats, swine, and poultry. "Livestock" does not include	4513
invertebrates, fish, amphibians, reptiles, horses, domestic pets,	4514
animals for use in laboratories or for exhibition, or other	4515
animals not commonly raised for food or food production.	4516

(PP) "Livestock structure" means a building or structure	4517
used exclusively for the housing, raising, feeding, or sheltering	4518
of livestock, and includes feed storage or handling structures and	4519
structures for livestock waste handling.	4520

(QQ) "Horticulture" means the growing, cultivation, and	4521
production of flowers, fruits, herbs, vegetables, sod, mushrooms,	4522
and nursery stock. As used in this division, "nursery stock" has	4523
the same meaning as in section 927.51 of the Revised Code.	4524

(RR) "Horticulture structure" means a building or structure	4525
used exclusively for the commercial growing, raising, or	4526
overwintering of horticultural products, and includes the area	4527
used for stocking, storing, and packing horticultural products	4528
when done in conjunction with the production of those products.	4529

(SS) "Newspaper" means an unbound publication bearing a	4530
title or name that is regularly published, at least as frequently	4531
as biweekly, and distributed from a fixed place of business to the	4532
public in a specific geographic area, and that contains a	4533
substantial amount of news matter of international, national, or	4534
local events of interest to the general public.	4535

(TT) "Professional racing team" means a person that employs	4536
at least twenty full-time employees for the purpose of conducting	4537
a motor vehicle racing business for profit. The person must	4538
conduct the business with the purpose of racing one or more motor	4539
racing vehicles in at least ten competitive professional racing	4540
events each year that comprise all or part of a motor racing	4541
series sanctioned by one or more motor racing sanctioning	4542
organizations. A "motor racing vehicle" means a vehicle for which	4543
the chassis, engine, and parts are designed exclusively for motor	4544
racing, and does not include a stock or production model vehicle	4545
that may be modified for use in racing. For the purposes of this	4546
division:	4547

(1) A "competitive professional racing event" is a motor	4548
vehicle racing event sanctioned by one or more motor racing	4549
sanctioning organizations, at which aggregate cash prizes in	4550
excess of eight hundred thousand dollars are awarded to the	4551
competitors.	4552

(2) "Full-time employee" means an individual who is employed	4553
for consideration for thirty-five or more hours a week, or who	4554
renders any other standard of service generally accepted by custom	4555
or specified by contract as full-time employment.	4556

(UU)(1) "Prepaid authorization number" means a numeric or	4557
alphanumeric combination that represents a prepaid account that	4558
can be used by the account holder solely to obtain	4559
telecommunications service, and includes any renewals or increases	4560
in the prepaid account.	4561

(2) "Prepaid telephone calling card" means a tangible item	4562
that contains a prepaid authorization number that can be used	4563
solely to obtain telecommunications service, and includes any	4564
renewals or increases in the prepaid account.	4565

(VV) "Lease" means any transfer for a consideration of the	4566
possession of and right to use, but not title to, tangible	4567
personal property for a fixed period of time greater than	4568
twenty-eightthirty days or for an open-ended period of time with	4569
a minimum fixed period of more than twenty-eightthirty days.	4570

Sec. 5741.01.  As used in this chapter:

4571

(A) "Person" includes individuals, receivers, assignees,	4572
trustees in bankruptcy, estates, firms, partnerships,	4573
associations, joint-stock companies, joint ventures, clubs,	4574
societies, corporations, business trusts, governments, and	4575
combinations of individuals of any form.	4576

(B) "Storage" means and includes any keeping or retention in	4577
this state for use or other consumption in this state.	4578

(C) "Use" means and includes the exercise of any right or	4579
power incidental to the ownership of the thing used. A thing is	4580
also "used" in this state if its consumer gives or otherwise	4581
distributes it, without charge, to recipients in this state.	4582

(D) "Purchase" means acquired or received for a	4583
consideration, whether such acquisition or receipt was effected by	4584
a transfer of title, or of possession, or of both, or a license to	4585
use or consume; whether such transfer was absolute or conditional,	4586
and by whatever means the transfer was effected; and whether the	4587
consideration was money, credit, barter, or exchange. Purchase	4588
includes production, even though the article produced was used,	4589
stored, or consumed by the producer. The transfer of copyrighted	4590
motion picture films for exhibition purposes is not a purchase,	4591
except such films as are used solely for advertising purposes.	4592

(E) "Seller" means the person from whom a purchase is made,	4593
and includes every person engaged in this state or elsewhere in	4594
the business of selling tangible personal property or providing a	4595
service for storage, use, or other consumption or benefit in this	4596
state; and when, in the opinion of the tax commissioner, it is	4597
necessary for the efficient administration of this chapter, to	4598
regard any salesman, representative, peddler, or canvasser as the	4599
agent of a dealer, distributor, supervisor, or employer under whom	4600
the person operates, or from whom the person obtains tangible	4601
personal property, sold by the person for storage, use, or other	4602
consumption in this state, irrespective of whether or not the	4603
person is making such sales on the person's own behalf, or on	4604
behalf of such dealer, distributor, supervisor, or employer, the	4605
commissioner may regard the person as such agent, and may regard	4606
such dealer, distributor, supervisor, or employer as the seller.	4607
"Seller" does not include any person to the extent the person	4608
provides a communications medium, such as, but not limited to,	4609
newspapers, magazines, radio, television, or cable television, by	4610
means of which sellers solicit purchases of their goods or	4611
services.	4612

(F) "Consumer" means any person who has purchased tangible	4613
personal property or has been provided a service for storage, use,	4614
or other consumption or benefit in this state. "Consumer" does not	4615
include a person who receives, without charge, tangible personal	4616
property or a service.	4617

A person who performs a facility management or similar	4618
service contract for a contractee is a consumer of all tangible	4619
personal property and services purchased for use in connection	4620
with the performance of such contract, regardless of whether title	4621
to any such property vests in the contractee. The purchase of	4622
such property and services is not subject to the exception for	4623
resale under division (E)(1) of section 5739.01 of the Revised	4624
Code.	4625

(G)(1) "Price," except in the case of watercraft, outboard	4626
motors, or new motor vehicles, means the aggregate value in money	4627
of anything paid or delivered, or promised to be paid or	4628
delivered, by a consumer to a seller in the complete performance	4629
of the transaction by which tangible personal property has been	4630
purchased or a service has been provided for storage, use, or	4631
other consumption or benefit in this state, without any deduction	4632
or exclusion on account of the cost of the property sold, cost of	4633
materials used, labor or service cost, interest, discount paid or	4634
allowed after the sale is consummated, or any other expense. If	4635
the transaction consists of the rental or lease of tangible	4636
personal property, "price" means the aggregate value in money of	4637
anything paid or delivered, or promised to be paid or delivered by	4638
the lessee to the lessor, in the complete performance of the	4639
rental or lease, without any deduction or exclusion of tax,	4640
interest, labor or service charge, damage liability waiver,	4641
termination or damage charge, discount paid or allowed after the	4642
lease is consummated, or any other expense. Except as provided in	4643
division (G)(6) of this section, the tax shall be calculated and	4644
collected by the lessor on each payment made by the lessee. If a	4645
consumer produces the tangible personal property used by the	4646
consumer, the price is the produced cost of such tangible personal	4647
property. The tax collected by the seller from the consumer under	4648
such sections is not a part of the price, but is a tax collection	4649
for the benefit of the state, and of counties levying an	4650
additional use tax pursuant to section 5741.021 or 5741.023 of the	4651
Revised Code and of transit authorities levying an additional use	4652
tax pursuant to section 5741.022 of the Revised Code and, except	4653
for the discount authorized under section 5741.12 of the Revised	4654
Code, no person other than the state or such a county or transit	4655
authority shall derive any benefit from the collection or payment	4656
of such tax.	4657

(2) In the case of watercraft, outboard motors, or new motor	4658
vehicles, "price" has the same meaning as in division (H) of	4659
section 5739.01 of the Revised Code.	4660

(3) In the case of a nonresident business consumer that	4661
purchases and uses tangible personal property outside this state	4662
and subsequently temporarily stores, uses, or otherwise consumes	4663
such tangible personal property in the conduct of business in this	4664
state, the consumer or the tax commissioner may determine the	4665
price based on the value of the temporary storage, use, or other	4666
consumption, in lieu of determining the price pursuant to division	4667
(G)(1) of this section. A price determination made by the	4668
consumer is subject to review and redetermination by the	4669
commissioner.	4670

(4) In the case of tangible personal property held in this	4671
state as inventory for sale or lease, and that is temporarily	4672
stored, used, or otherwise consumed in a taxable manner, the price	4673
is the value of the temporary use. A price determination made by	4674
the consumer is subject to review and redetermination by the	4675
commissioner.	4676

(5) In the case of tangible personal property originally	4677
purchased and used by the consumer outside this state, and that	4678
becomes permanently stored, used, or otherwise consumed in this	4679
state more than six months after its acquisition by the consumer,	4680
the consumer or the tax commissioner may determine the price based	4681
on the current value of such tangible personal property, in lieu	4682
of determining the price pursuant to division (G)(1) of this	4683
section. A price determination made by the consumer is subject to	4684
review and redetermination by the commissioner.	4685

(6) In the case of the purchase or lease of any motor vehicle	4686
designed by the manufacturer to carry a loadhaving a gross	4687
vehicle wieght of not more than one tonthirteen thousand five	4688
hundred pounds, watercraft, outboard motor, or aircraft, or the	4689
lease of any tangible personal property, other than motor vehicles	4690
designed by the manufacturer to carry a loadhaving a gross	4691
vehicle weight of more than one tonthirteen thousand five hundred	4692
pounds, to be used by the lessee primarily for business purposes,	4693
the tax shall be collected by the vendor at the time the lease is	4694
consummated and calculated by the vendor on the basis of the total	4695
amount to be paid by the lessee under the lease agreement. If the	4696
total amount of the consideration for the lease includes amounts	4697
that are not calculated at the time the lease is executed, the tax	4698
shall be calculated and collected by the vendor at the time such	4699
amounts are billed to the lessee. In the case of an open-end	4700
lease, the tax shall be calculated by the vendor on the basis of	4701
the total amount to be paid during the initial fixed term of the	4702
lease, and then for each subsequent renewal period as it comes	4703
due. As used in division (G)(6) of this section only, "motor	4704
vehicle" has the same meaning as in section 4501.01 of the Revised	4705
Code, and "gross vehicle weight" means the unladen weight of a	4706
vehicle fully equipped plus the maximum weight of the load to be	4707
carried on the vehicle.	4708

(H) "Nexus with this state" means that the seller engages in	4709
continuous and widespread solicitation of purchases from residents	4710
of this state or otherwise purposefully directs its business	4711
activities at residents of this state.	4712

(I) "Substantial nexus with this state" means that the seller	4713
has sufficient contact with this state, in accordance with Section	4714
8 of Article I of the Constitution of the United States, to allow	4715
the state to require the seller to collect and remit use tax on	4716
sales of tangible personal property or services made to consumers	4717
in this state. "Substantial nexus with this state" exists when the	4718
seller does any of the following:	4719

(1) Maintains a place of business within this state, whether	4720
operated by employees or agents of the seller, by a member of an	4721
affiliated group, as described in division (B)(3)(e) of section	4722
5739.01 of the Revised Code, of which the seller is a member, or	4723
by a franchisee using a trade name of the seller;	4724

(2) Regularly has employees, agents, representatives,	4725
solicitors, installers, repairmen, salesmen, or other individuals	4726
in this state for the purpose of conducting the business of the	4727
seller;	4728

(3) Uses a person in this state for the purpose of receiving	4729
or processing orders of the seller's goods or services;	4730

(4) Makes regular deliveries of tangible personal property	4731
into this state by means other than common carrier;	4732

(5) Has membership in an affiliated group, as described in	4733
division (B)(3)(e) of section 5739.01 of the Revised Code, at	4734
least one other member of which has substantial nexus with this	4735
state;	4736

(6) Owns tangible personal property that is rented or leased	4737
to a consumer in this state, or offers tangible personal property,	4738
on approval, to consumers in this state;	4739

(7) Is registered with the secretary of state to do business	4740
in this state or is registered or licensed by any state agency,	4741
board, or commission to transact business in this state or to make	4742
sales to persons in this state;	4743

(8) Has any other contact with this state that would allow	4744
this state to require the seller to collect and remit use tax	4745
under Section 8 of Article I of the Constitution of the United	4746
States.	4747

(J) "Fiscal officer" means, with respect to a regional	4748
transit authority, the secretary-treasurer thereof, and with	4749
respect to a county which is a transit authority, the fiscal	4750
officer of the county transit board appointed pursuant to section	4751
306.03 of the Revised Code or, if the board of county	4752
commissioners operates the county transit system, the county	4753
auditor.	4754

(K) "Territory of the transit authority" means all of the	4755
area included within the territorial boundaries of a transit	4756
authority as they from time to time exist. Such territorial	4757
boundaries must at all times include all the area of a single	4758
county or all the area of the most populous county which is a part	4759
of such transit authority. County population shall be measured by	4760
the most recent census taken by the United States census bureau.	4761

(L) "Transit authority" means a regional transit authority	4762
created pursuant to section 306.31 of the Revised Code or a county	4763
in which a county transit system is created pursuant to section	4764
306.01 of the Revised Code. For the purposes of this chapter, a	4765
transit authority must extend to at least the entire area of a	4766
single county. A transit authority which includes territory in	4767
more than one county must include all the area of the most	4768
populous county which is a part of such transit authority. County	4769
population shall be measured by the most recent census taken by	4770
the United States census bureau.	4771

(M) "Providing a service" has the same meaning as in division	4772
(X) of section 5739.01 of the Revised Code.	4773

(N) "Other consumption" includes receiving the benefits of a	4774
service.	4775

(O) "Lease" means any transfer for a consideration of the	4776
possession of and right to use, but not title to, tangible	4777
personal property for a fixed period of time greater than	4778
twenty-eight days or for an open-ended period of time with a	4779
minimum fixed period of more than twenty-eight days.	4780

Section 2. That existing sections 105.41, 133.06, 135.18,	4781
135.181, 151.01, 151.09, 151.40, 175.03, 727.01, 2921.42, 3318.03,	4782
3318.04, 3318.05, 3318.06, 3318.061, 3318.08, 3318.084, 3318.11,	4783
3318.36, 3318.362, 3318.363, 3318.38, 3333.17, 3345.05, 5705.19,	4784
5705.218, 5709.081, 5709.82, 5739.01, and 5741.01 of the Revised	4785
Code are hereby repealed.	4786

Section 3.  All items set forth in Sections 3.01 to 3.04 of	4787
this act are hereby appropriated out of any moneys in the General	4788
Revenue Fund (GRF) that are not otherwise appropriated.	4789

Section 3.01.  DAS DEPARTMENT OF ADMINISTRATIVE SERVICES

4790

Reappropriations

RURAL AREAS HISTORICAL PROJECTS

4797

From the foregoing appropriation item CAP-785, Rural Areas	4798
Historical Projects, $50,000 shall be for the Osnaburg Historical	4799
Society-Werner Inn renovations; and $10,000 for the Historic	4800
Hopewell Church.	4801

RURAL AREAS COMMUNITY IMPROVEMENTS

4802

From the foregoing appropriation item CAP-786, Rural Areas	4803
Community Improvements, grants shall be made for the following	4804
projects: $20,000 for the Smith Field Memorial Foundation;	4805
$100,000 for the Gallia County Industrial Park; $75,000 for the	4806
People Working Cooperatively Facility Improvements; $200,000 for	4807
the Champaign YMCA; $50,000 for the Clermont County Courthouse;	4808
$50,000 for the Clermont County Visitor Information Center;	4809
$75,000 for the Bellepoint Bridge Reconstruction; $150,000 for the	4810
Fairport Community Center; $100,000 for the Mentor Fire & Police	4811
Headquarters Relocation; $65,000 for the Perry Township Industrial	4812
Park Land Acquisition; $20,000 for the Red Mill Creek Water	4813
Retention Basin; $25,000 for the Lawrence County Water Projects;	4814
$350,000 for the Cave Lake Center for Community Leadership;	4815
$300,000 for County Jail Improvements - Sandusky County; $50,000	4816
for the Southern Ohio Port Authority; $45,000 for the Bradner	4817
Historic Building; $22,500 for the Clermont County Animal Shelter;	4818
$225,000 for the Sherwood-Davidson House - Licking County; and	4819
$225,000 for the Jerome Buckingham House - Licking County; and	4820
$50,000 for the Utica Historical Society.	4821

THE AMOUNT REAPPROPRIATED FOR RURAL AREAS COMMUNITY	4822
IMPROVEMENTS	4823

The amount reappropriated for the foregoing appropriation	4824
item CAP-786, Rural Areas Community Improvements, is $100,080 plus	4825
the unencumbered and unallotted balance as of June 30, 2002, in	4826
appropriation item CAP-786, Rural Areas Community Improvements.	4827

URBAN AREAS COMMUNITY IMPROVEMENTS

4828

From the foregoing appropriation item CAP-817, Urban Areas	4829
Community Improvements, grants shall be made for the following	4830
projects: $100,000 for the Maumee Youth Center; $25,000 for the	4831
Columbus Civic Arena Development Planning; $50,000 for the Brown	4832
Senior Center Renovations; $100,000 for the Hanna Fountain	4833
Renovations - Cleveland; $100,000 for Project AHEAD Facility	4834
Improvements; $75,000 for the J Frank-Troy Senior Citizens Center;	4835
$50,000 for the League Park Tourist Museum; $200,000 for the North	4836
Royalton Recreation Center; $1,900,000 for the Columbus Downtown	4837
Initiatives Plan; $150,000 for Clintonville Improvements; $35,000	4838
for the Grove City YMCA; $15,000 for the Victorian Village	4839
Society; $50,000 for the Beech Acres Family Center; $25,000 for	4840
the Health Education Center; $500,000 for the Convention Center	4841
Expansion Center; $1,000,000 for the Lincoln Heights Health Center	4842
Improvements; $100,000 for the Canton Jewish Women's Center;	4843
$450,000 for the Gateway Social Services Building; $85,000 for the	4844
Akron Jewish Community Center Renovations; $50,000 for the Loew	4845
Field Improvements; $20,000 for the Harvard Community Services	4846
Center Renovation & Expansion; $20,000 for the Collinwood	4847
Community Service Center Repair & Renovation; and $80,000 for	4848
Bowman Park - City of Toledo.	4849

THE AMOUNT APPROPRIATED FOR URBAN AREAS COMMUNITY	4850
IMPROVEMENTS	4851

The amount reappropriated for the foregoing appropriation	4852
item CAP-817, Urban Areas Community Improvements, is the	4853
unencumbered and unallotted balance as of June 30, 2002, in	4854
appropriation item CAP-817, Urban Areas Community Improvements,	4855
less $332,000.	4856

Reappropriations

Section 3.02.  AFC ARTS AND SPORTS FACILITIES COMMISSION

4857

COOPER STADIUM RELOCATION FEASIBILITY STUDY

4861

Notwithstanding division (F) of section 3383.07 of the	4862
Revised Code, all or a portion of the foregoing appropriation item	4863
CAP-819, Cooper Stadium Relocation Feasibility Study, may be	4864
expended for the cost of preparing a financial and development	4865
plan or feasibility study, renovation, and purchasing engineering	4866
and architectural services, designs, plans, specifications,	4867
surveys, and estimates of costs for Cooper Stadium. Any amount	4868
expended for that purpose from the appropriation shall count	4869
toward the maximum 15 per cent of the construction cost of the	4870
sports facility to be paid from state funds.	4871

Reappropriations

Section 3.03.  OHS OHIO HISTORICAL SOCIETY

4872

Reappropriations

Section 3.04.  DNR DEPARTMENT OF NATURAL RESOURCES

4876

Section 3.05.  No expenditures shall be made from any of the	4891
items appropriated from the General Revenue Fund in Sections 3.01	4892
to 3.04 of this act until the funds are released by the	4893
Controlling Board.	4894

Section 4.  All items set forth in this section are hereby	4895
appropriated out of any moneys in the state treasury to the credit	4896
of the Wildlife Fund (Fund 015) that are not otherwise	4897
appropriated.	4898

Reappropriations

DNR DEPARTMENT OF NATURAL RESOURCES

4899

LAND ACQUISITION

4921

The amount reappropriated for the foregoing appropriation	4922
item CAP-012, Land Acquisition, is the unencumbered and	4923
unallotted balance as of June 30, 2002, in appropriation item	4924
CAP-012, Land Acquisition, less $158,125.	4925

ACCESS DEVELOPMENT

4926

The amount reappropriated for the foregoing appropriation	4927
item CAP-387, Access Development, is the unencumbered and	4928
unallotted balance as of June 30, 2002, in appropriation item	4929
CAP-387, Access Development, plus $1,519,533.	4930

UPGRADE UNDERGROUND FUEL TANKS

4931

The amount reappropriated for the foregoing appropriation	4932
item CAP-702, Upgrade Underground Fuel Tanks, is the unencumbered	4933
and unallotted balance as of June 30, 2002, in appropriation item	4934
CAP-702, Upgrade Underground Fuel Tanks, less $112,271.	4935

CAP ABANDONED WATER WELLS

4936

The amount reappropriated for the foregoing appropriation	4937
item CAP-703, Cap Abandoned Water Wells, is the unencumbered and	4938
unallotted balance as of June 30, 2002, in appropriation item	4939
CAP-703, Cap Abandoned Water Wells, less $14,057.	4940

WILDLIFE AREA BUILDING DEVELOPMENT/RENOVATIONS

4941

The amount reappropriated for the foregoing appropriation	4942
item CAP-852, Wildlife Area Building Development/Renovations, is	4943
the unencumbered and unallotted balance as of June 30, 2002, in	4944
appropriation item CAP-852, Wildlife Area Building	4945
Development/Renovations, less $1,505,949.	4946

DAM REHABILITATION

4947

The amount reappropriated for the foregoing appropriation	4948
item CAP-881, Dam Rehabilitation, is the unencumbered and	4949
unallotted balance as of June 30, 2002, in appropriation item	4950
CAP-881, Dam Rehabilitation, less $1,829,541.	4951

BOUNDARY PROTECTION

4952

The amount reappropriated for the foregoing appropriation	4953
item CAP-995, Boundary Protection, is $50,000.	4954

Section 5.  The items set forth in this section are hereby	4955
appropriated out of any moneys in the state treasury to the credit	4956
of the Public School Building Fund (Fund 021) that are not	4957
otherwise appropriated.	4958

Reappropriations

SFC SCHOOL FACILITIES COMMISSION

4959

DISABILITY ACCESS PROJECTS

4967

The amount reappropriated for appropriation item CAP-777,	4968
Disability Access Projects, shall be used to fund capital projects	4969
pursuant to this section that make buildings more accessible to	4970
students with disabilities.	4971

(A) As used in this section:

4972

(1) "Percentile" means the percentile in which a school	4973
district is ranked according to the fiscal year 1998 ranking of	4974
school districts with regard to income and property wealth under	4975
division (B) of section 3318.011 of the Revised Code.	4976

(2) "School district" means a city, local, or exempted	4977
village school district, but excludes a school district that is	4978
one of the state's twenty-one urban school districts as defined in	4979
division (O) of section 3317.02 of the Revised Code as that	4980
section existed prior to July 1, 1998.	4981

(3) "Valuation per pupil" means a district's total taxable	4982
value as defined in section 3317.02 of the Revised Code divided by	4983
the district's ADM as defined in division (A) of section 3317.02	4984
of the Revised Code as that section existed prior to July 1, 1998.	4985

(B) The School Facilities Commission shall adopt rules for	4986
awarding grants to school districts with a valuation per pupil	4987
less than $200,000, to be used for construction, reconstruction,	4988
or renovation projects in classroom facilities, the purpose of	4989
which is to improve access to such facilities by physically	4990
handicapped persons. The rules shall include application	4991
procedures. No school district shall be awarded a grant under	4992
this section in excess of $100,000. In addition, any school	4993
district shall be required to pay a percentage of the cost of the	4994
project for which the grant is being awarded equal to the	4995
percentile in which the district is so ranked.	4996

Section 5.01. BIG EIGHT SCHOOL DISTRICTS

4997

(A) The amounts reappropriated for appropriation item	4998
CAP-781, Big Eight Renovation Program, shall be used by the School	4999
Facilities Commission to provide funds to the big eight school	5000
districts as defined in section 3314.02 of the Revised Code to be	5001
used for major renovations and repairs of school facilities. Big	5002
eight school districts that levy at least 2.5 voted mills for	5003
permanent improvements shall also be eligible to expend funding	5004
from this program for additions to existing facilities. However,	5005
any big eight school district that does so shall receive no	5006
financial assistance from the School Facilities Commission for the	5007
purpose of replacing that facility for a period of at least twenty	5008
years. These appropriations shall be allocated to the big eight	5009
school districts on a per-pupil basis, based on fiscal year 1999	5010
average daily membership as defined in section 3317.03 of the	5011
Revised Code. School districts that receive conditional approval	5012
by the Controlling Board, pursuant to section 3318.04 of the	5013
Revised Code, to participate in the Accelerated Urban School	5014
Building Program shall no longer be eligible to receive funding	5015
from the Big Eight Renovation Program, except for appropriations	5016
already encumbered at the time the conditional approval is	5017
granted. To be eligible to receive appropriations from the Big	5018
Eight Renovation Program, each school district shall:	5019

(1) Provide a 100 per cent match from funds that are	5020
approved by the School Facilities Commission. Except for, after	5021
the effective date of this section, eligible districts in the	5022
first through fiftieth percentile, as determined under section	5023
3318.011 of the Revised Code, shall provide a match to their	5024
remaining balances in the Big Eight Renovation Program as of the	5025
effective date of this section such that the local match is equal	5026
to the district's percentage share contribution as determined	5027
under the fiscal year 2002 three-year average adjusted valuation	5028
per pupil list pursuant to section 3318.011 of the Revised Code.	5029

(2) Develop and submit a capital renovations plan for the	5030
use of the state and local funds, subject to approval by the	5031
School Facilities Commission.	5032

(B) The Executive Director of the School Facilities	5033
Commission may from time to time request the Director of Budget	5034
and Management to transfer any unencumbered and unallotted	5035
balances in appropriation item CAP-781, Big Eight Renovation	5036
Program, to appropriation item CAP-622, Public School Buildings.	5037
Any amounts transferred are hereby appropriated.	5038

Section 6. The items set forth in this section are hereby	5039
appropriated out of any moneys in the state treasury to the credit	5040
of the Highway Safety Fund (Fund 036) that are not otherwise	5041
appropriated.	5042

Reappropriations

DHS DEPARTMENT OF PUBLIC SAFETY

5043

Section 7.  All items set forth in this section are hereby	5056
appropriated out of any moneys in the state treasury to the credit	5057
of the Waterways Safety Fund (Fund 086) that are not otherwise	5058
appropriated.	5059

Reappropriations

DNR DEPARTMENT OF NATURAL RESOURCES

5060

Section 8.  All items set forth in this section are hereby	5069
appropriated out of any moneys in the state treasury to the credit	5070
of the Underground Parking Garage Operating Fund (Fund 208) that	5071
are not otherwise appropriated.	5072

Reappropriations

CSR CAPITOL SQUARE REVIEW AND ADVISORY BOARD

5073

Section 9.  All items set forth in this section are hereby	5082
appropriated out of any moneys in the state treasury to the credit	5083
of the Nursing Home - Federal Fund (Fund 319) that are not	5084
otherwise appropriated.	5085

Reappropriations

OVH OHIO VETERANS' HOME

5086

Section 10.  All items set forth in this section are hereby	5091
appropriated out of any moneys in the state treasury to the credit	5092
of the Capital Donations Fund (Fund 5A1) that are not otherwise	5093
appropriated.	5094

Reappropriations

AFC ARTS AND SPORTS FACILITIES COMMISSION

5095

CAPITAL DONATIONS FUND CERTIFICATIONS AND APPROPRIATIONS

5098

The Executive Director of the Arts and Sports Facilities	5099
Commission shall certify to the Director of Budget and Management	5100
the amount of cash receipts and related investment income,	5101
irrevocable letters of credit from a bank, or certification of the	5102
availability of funds that have been received from a county or a	5103
city for deposit to the Capital Donations Fund and are related to	5104
an anticipated project. These amounts are hereby appropriated to	5105
appropriation item CAP-702, Capital Donations. Prior to certifying	5106
these amounts to the Director, the Executive Director shall make a	5107
written agreement with the participating entity on the necessary	5108
cash flows required for the anticipated construction or equipment	5109
acquisition project.	5110

Section 11.  The items set forth in this section are hereby	5111
appropriated out of any moneys in the state treasury to the credit	5112
of the Veterans' Home Improvement Fund (Fund 604) that are not	5113
otherwise appropriated.	5114

Reappropriations

OVH OHIO VETERANS' HOME

5115

Section 12. All items set forth in this section are hereby	5125
appropriated out of any moneys in the state treasury to the credit	5126
of the Education Facilities Trust Fund (Fund N87) that are not	5127
otherwise appropriated.	5128

Reappropriations

SFC SCHOOL FACILITIES COMMISSION

5129

Section 13. All items set forth in this section are hereby	5135
appropriated out of any moneys in the state treasury to the credit	5136
of the Clean Ohio Revitalization Fund (Fund 003) and derived from	5137
the proceeds of obligations heretofore authorized to pay the costs	5138
of the following categories of capital improvements:	5139

Reappropriations

DEV DEPARTMENT OF DEVELOPMENT

5140

Section 14. All items set forth in this section are hereby	5146
appropriated out of any moneys in the state treasury to the credit	5147
of the Sports Facilities Building Fund (Fund 024) and derived from	5148
the proceeds of obligations heretofore authorized to pay the costs	5149
of the following capital improvements:	5150

Reappropriations

AFC ARTS AND SPORTS FACILITIES COMMISSION

5151

Section 15.  All items set forth in this section are hereby	5156
appropriated out of any moneys in the state treasury to the credit	5157
of the Highway Safety Building Fund (Fund 025) and derived from	5158
the proceeds and obligations heretofore authorized to pay the	5159
costs of the following capital improvements:	5160

Reappropriations

DHS DEPARTMENT OF PUBLIC SAFETY

5161

PUBLIC SAFETY OFFICE BUILDING

5170

The amount reappropriated for the foregoing appropriation	5171
item CAP-047, Public Safety Office Building, shall be the	5172
unencumbered and unallotted balance as of June 30, 2000, in	5173
appropriation item CAP-047, Public Safety Office Building, minus	5174
$897,691.	5175

INVESTIGATIVE UNIT MARCS EQUIPMENT

5176

The amount reappropriated for the foregoing appropriation	5177
item CAP-076, Investigative Unit MARCS Equipment, shall be	5178
$897,691.	5179

Section 16.  All items set forth in Sections 16.01 to 16.15	5180
are hereby appropriated out of any moneys in the state treasury to	5181
the credit of the Administrative Building Fund (Fund 026) and	5182
derived from the proceeds of obligations heretofore authorized to	5183
pay the costs of capital facilities, as defined in section 152.09	5184
of the Revised Code, for the following capital improvements:	5185

Reappropriations

Section 16.01.  ADJ ADJUTANT GENERAL

5186

NEW ARMORY CONSTRUCTION

5205

The foregoing appropriation item CAP-059, Construct Bowling	5206
Green Armory, shall be used to fund the state's share of the cost	5207
of building a basic armory in the Bowling Green area, including	5208
the cost of site acquisition, site preparation, and planning and	5209
design. Appropriations shall not be released for this item	5210
without a certification by the Adjutant General to the Director of	5211
Budget and Management that sufficient moneys have been allocated	5212
for the federal share of the cost of construction.	5213

Reappropriations

Section 16.02.  DAS DEPARTMENT OF ADMINISTRATIVE SERVICES

5214

HAZARDOUS SUBSTANCE ABATEMENT IN STATE FACILITIES

5236

The foregoing appropriation item CAP-809, Hazardous Substance	5237
Abatement, shall be used to fund the removal of asbestos, PCB,	5238
radon gas, and other contamination hazards from state facilities.	5239

Prior to the release of funds for asbestos abatement, the	5240
Department of Administrative Services shall review proposals from	5241
state agencies to use these funds for asbestos abatement projects	5242
based on criteria developed by the Department of Administrative	5243
Services. Upon a determination by the Department of	5244
Administrative Services that the requesting agency cannot fund the	5245
asbestos abatement project or other toxic materials removal	5246
through existing capital and operating appropriations, the	5247
department may request the release of funds for such projects by	5248
the Controlling Board. State agencies intending to fund asbestos	5249
abatement or other toxic materials removal through existing	5250
capital and operating appropriations shall notify the Director of	5251
Administrative Services of the nature and scope prior to	5252
commencing the project.	5253

Only agencies that have received appropriations for capital	5254
projects from the Administrative Building Fund (Fund 026) are	5255
eligible to receive funding from this item. Public school	5256
districts are not eligible.	5257

OFFICE SERVICES BUILDING RENOVATION

5258

The amount reappropriated for the foregoing appropriation	5259
item CAP-826, Office Services Building Renovation, is the sum of	5260
the unencumbered and unallotted balances as of June 30, 2002, in	5261
Fund 026 appropriation items CAP-812, Old School for the Blind	5262
Renovation; CAP-814, Old School for the Blind Planning; CAP-824,	5263
State Real Estate Inventory System; CAP-826, Office Services	5264
Building Renovation; CAP-858, Lausche Building Improvements	5265
Planning; and CAP-861, Facilities Master Plan State Schools for	5266
the Blind and Deaf.	5267

IMPLEMENTATION OF AMERICANS WITH DISABILITIES ACT

5268

The foregoing appropriation item CAP-822, Americans with	5269
Disabilities Act, shall be used to renovate state-owned facilities	5270
to provide access for physically disabled persons in accordance	5271
with Title II of the Americans with Disabilities Act.	5272

Prior to the release of funds for renovation, state agencies	5273
shall perform self-evaluations of state-owned facilities	5274
identifying barriers to access to service. State agencies shall	5275
prioritize access barriers and develop a transition plan for the	5276
removal of these barriers. The Department of Administrative	5277
Services shall review proposals from state agencies to use these	5278
funds for Americans with Disabilities Act renovations.	5279

Only agencies that have received appropriations for capital	5280
projects from Administrative Building Fund (Fund 026) are eligible	5281
to receive funding from this item. Public school districts are	5282
not eligible.	5283

MARCS STEERING COMMITTEE AND STATEWIDE COMMUNICATIONS SYSTEM

5284

There is hereby continued a Multi-Agency Radio Communications	5285
System (MARCS) Steering Committee consisting of the designees of	5286
the Directors of Administrative Services, Public Safety, Natural	5287
Resources, Transportation, Rehabilitation and Correction, and	5288
Budget and Management. The Director of Administrative Services or	5289
the director's designee shall chair the committee. The committee	5290
shall provide assistance to the Director of Administrative	5291
Services for effective and efficient implementation of the MARCS	5292
system as well as develop policies for the ongoing management of	5293
the system. Upon dates prescribed by the Directors of	5294
Administrative Services and Budget and Management, the MARCS	5295
Steering Committee shall report to the directors on the progress	5296
of MARCS implementation and the development of policies related to	5297
the system.	5298

The foregoing appropriation item CAP-827, Statewide	5299
Communications System, shall be used to purchase or construct the	5300
components of MARCS that are not specific to any one agency. The	5301
equipment may include, but is not limited to, multi-agency	5302
equipment at the Emergency Operations Center/Joint Dispatch	5303
Facility, computer and telecommunication equipment used for the	5304
functioning and integration of the system, communications towers,	5305
tower sites, tower equipment, and linkages among towers and	5306
between towers and the State of Ohio Network for Integrated	5307
Communication (SONIC) system. The Director of Administrative	5308
Services shall, with the concurrence of the MARCS Steering	5309
Committee, determine the specific use of funds.	5310

Spending from this appropriation item shall not be subject to	5311
Chapters 123. and 153. of the Revised Code.	5312

ENERGY CONSERVATION PROJECTS

5313

The foregoing appropriation item CAP-835, Energy Conservation	5314
Projects, shall be used to perform energy conservation	5315
renovations, including the United States Environmental Protection	5316
Agency's Energy Star Program, in state-owned facilities. Prior to	5317
the release of funds for renovation, state agencies shall have	5318
performed a comprehensive energy audit for each project. The	5319
Department of Administrative Services shall review and approve	5320
proposals from state agencies to use these funds for energy	5321
conservation. Public school districts and state-supported and	5322
state-assisted institutions of higher education are not eligible	5323
for funding from this item.	5324

MAJOR COMPUTER PURCHASES

5325

The amount reappropriated for the foregoing appropriation	5326
item CAP-837, Major Computer Purchases, is $2,660,065 plus the sum	5327
of the unencumbered and unallotted balances as of June 30, 2002,	5328
in Fund 026 appropriation item CAP-837, Major Computer Purchases.	5329

STRUCTURED CABLING

5330

The amount reappropriated for the foregoing appropriation	5331
item CAP-860, Structured Cabling, is the sum of the unencumbered	5332
and unallotted balances as of June 30, 2002, in Fund 026	5333
appropriation item CAP-860, Structured Cabling, less $2,660,065.	5334

Reappropriations

Section 16.03.  AGE DEPARTMENT OF AGING

5335

Reappropriations

Section 16.04.  AGR DEPARTMENT OF AGRICULTURE

5339

Reappropriations

Section 16.05.  AGO ATTORNEY GENERAL

5349

Reappropriations

Section 16.06. CSR CAPITOL SQUARE REVIEW AND ADVISORY BOARD

5355

STATEHOUSE SECURITY IMPROVEMENTS

5359

Of the foregoing appropriation item CAP-011, Statehouse	5360
Security Improvements, $1,050,000 shall be used in conjunction	5361
with funds from appropriation item CAP-009, Garage Fire	5362
Suppression, in the Underground Parking Garage Operating Fund	5363
(Fund 208), for the installation of a new fire suppression system	5364
in the Statehouse garage. Notwithstanding any section of the	5365
Revised Code, any transfer or disbursement of moneys from	5366
appropriation items CAP-009, Garage Fire Suppression, and CAP-011,	5367
Statehouse Security Improvements, shall be subject to Controlling	5368
Board approval.	5369

Reappropriations

Section 16.07.  COM DEPARTMENT OF COMMERCE

5370

Reappropriations

Section 16.08.  EXP EXPOSITIONS COMMISSION

5376

Reappropriations

Section 16.09.  JSC JUDICIARY/SUPREME COURT

5393

EXEMPT FROM PER CENT FOR ARTS PROGRAM

5396

The foregoing appropriation item CAP-001, Ohio Courts	5397
Building Renovations, is exempt from section 3379.10 of the	5398
Revised Code, the Per Cent for Arts Program.	5399

Reappropriations

Section 16.10. LIB STATE LIBRARY

5400

Reappropriations

Section 16.11.  DNR DEPARTMENT OF NATURAL RESOURCES

5404

Reappropriations

Section 16.12.  DHS DEPARTMENT OF PUBLIC SAFETY

5414

CONSTRUCT EMA/EOC AND OFFICE BUILDING

5420

The amount reappropriated for the foregoing appropriation	5421
item CAP-053, Construct EMA/EOC and Office Building, is $6,605.	5422

Reappropriations

Section 16.13.  OSB SCHOOL FOR THE BLIND

5423

Reappropriations

Section 16.14. OSD SCHOOL FOR THE DEAF

5435

ROOF RENOVATIONS

5440

The amount reappropriated for the foregoing appropriation	5441
item CAP-767, Roof Renovations, is the sum of the unencumbered and	5442
unallotted balances as of June 30, 2002, in appropriation items	5443
CAP-766, Construct Security Building at Entrance; CAP-767, Roof	5444
Renovations; and CAP-768, Dorm Furniture Replacement.	5445

Reappropriations

Section 16.15.  OVH OHIO VETERANS' HOME

5446

Section 17.  All items set forth in this section are hereby	5451
appropriated out of any moneys in the state treasury to the credit	5452
of the Adult Correctional Building Fund (Fund 027) and derived	5453
from the proceeds of obligations heretofore authorized to pay	5454
costs of capital facilities, as defined in section 152.09 of the	5455
Revised Code, for the Department of Rehabilitation and Correction.	5456

Reappropriations

DRC DEPARTMENT OF REHABILITATION AND CORRECTION

5457

STATEWIDE AND CENTRAL OFFICE PROJECTS

5458

BELMONT CORRECTIONAL INSTITUTION

5494

CHILLICOTHE CORRECTIONAL INSTITUTION

5498

CORRECTIONAL RECEPTION CENTER

5514

CORRECTIONS TRAINING ACADEMY

5517

DAYTON CORRECTIONAL INSTITUTION

5523

GRAFTON CORRECTIONAL INSTITUTION

5527

HOCKING CORRECTIONAL INSTITUTION

5530

LEBANON CORRECTIONAL INSTITUTION

5536

LIMA CORRECTIONAL INSTITUTION

5545

LONDON CORRECTIONAL INSTITUTION

5558

MADISON CORRECTIONAL INSTITUTION

5566

MANSFIELD CORRECTIONAL INSTITUTION

5573

MARION CORRECTIONAL INSTITUTION

5578

NORTHEAST PRE-RELEASE CENTER

5589

OAKWOOD CORRECTIONAL FACILITY

5592

OHIO REFORMATORY FOR WOMEN

5597

PICKAWAY CORRECTIONAL INSTITUTION

5615

RICHLAND CORRECTIONAL INSTITUTION

5629

ROSS CORRECTIONAL INSTITUTION

5633

SOUTHEASTERN CORRECTIONAL INSTITUTION

5637

SOUTHERN OHIO CORRECTIONAL FACILITY

5649

TRUMBULL CORRECTIONAL INSTITUTION

5657

WARREN CORRECTIONAL INSTITUTION

5661

Section 17.01. LOCAL JAILS

5668

From the foregoing appropriation item, CAP-002, Local Jails,	5669
the Department of Rehabilitation and Correction shall designate	5670
the projects involving the construction and renovation of county,	5671
multicounty, municipal-county, and multicounty-municipal jail	5672
facilities and workhouses, including correctional centers	5673
authorized under sections 153.61 and 307.93 of the Revised Code,	5674
for which the Ohio Building Authority is authorized to issue	5675
obligations. Notwithstanding any provisions to the contrary in	5676
Chapter 152. or 153. of the Revised Code, the Department of	5677
Rehabilitation and Correction may coordinate, review, and monitor	5678
the drawdown and use of funds for the renovation or construction	5679
of projects for which designated funds are provided.	5680

The funding authorized under this section shall not be	5681
applied to any such facilities that are not designated by the	5682
Department of Rehabilitation and Correction. The amount of	5683
funding authorized under this section that may be applied to a	5684
project designated for initial funding after July 1,	5685
2000,involving the construction or renovation of a county,	5686
multicounty, municipal-county, and multicounty-municipal jail	5687
facilities and workhouses, including correctional centers	5688
authorized under sections 153.61 and 307.93 of the Revised Code,	5689
shall not exceed $35,000 per bed of the total allowable cost of	5690
the project in the case of construction of county and	5691
municipal-county jail facilities, workhouses, and correctional	5692
centers, or multicounty or multicounty-municipal jail facilities,	5693
workhouses, and correctional centers and shall not exceed 30 per	5694
cent of the total allowable cost of the project in the case of	5695
renovation of county, multicounty, municipal-county, and	5696
multicounty-municipal jail facilities, workhouses, and	5697
correctional centers. If a political subdivision is in the	5698
planning phase of constructing a multicounty or	5699
multicounty-municipal jail facility, workhouse, or correctional	5700
center on or before the effective date of this section, the	5701
Department of Rehabilitation and Correction shall fund that	5702
facility at $42,000 per bed. Multicounty or multicounty-municipal	5703
jail facility construction projects initiated after the effective	5704
date of this section may be considered for, but are not entitled	5705
to be awarded, funding at $42,000 per bed. The higher per bed	5706
award is at the discretion of the Department of Rehabilitation and	5707
Correction and is contingent upon available funds, the impact of	5708
the project, and inclusion of at least three counties in the	5709
project.	5710

The cost-per-bed funding authorized under this section that	5711
may be applied to a construction project shall not exceed the	5712
actual cost-per-bed of the project. The 30 per cent funding	5713
authorized under this section that may be applied to a renovation	5714
project shall not exceed $35,000 per bed of the total allowable	5715
cost of the project.	5716

The funding authorized under this section shall not be	5717
applied to any project involving the construction of a county,	5718
multicounty, municipal-county, or multicounty-municipal jail	5719
facility or workhouse, including a correctional center established	5720
under sections 153.61 and 307.93 of the Revised Code, unless the	5721
facility, workhouse, or correctional center will be built in	5722
compliance with "The Minimum Standards for Jails in Ohio" and the	5723
plans have been approved under section 5120.10 of the Revised	5724
Code. In addition, the funding authorized under this section	5725
shall not be applied to any project involving the renovation of a	5726
county, multicounty, municipal-county, or multicounty-municipal	5727
jail facility or workhouse, including a correctional center	5728
established under sections 153.61 and 307.93 of the Revised	5729
Code, unless the renovation is for the purpose of bringing the	5730
facility, workhouse, or correctional center into compliance with	5731
"The Minimum Standards for Jails in Ohio" and the plans have been	5732
approved under section 5120.10 of the Revised Code.	5733

Section 17.02. COMMUNITY-BASED CORRECTIONAL FACILITIES

5734

The Department of Rehabilitation and Correction may designate	5735
to the Ohio Building Authority the sites of, and, notwithstanding	5736
any provisions to the contrary in Chapter 152. or 153. of the	5737
Revised Code, may review the renovation or construction of the	5738
single county and district community-based correctional facilities	5739
funded by the foregoing appropriation item CAP-003,	5740
Community-Based Correctional Facilities.	5741

POWERHOUSE/UTILITY IMPROVEMENTS

5742

The amount reappropriated for the foregoing appropriation	5743
item CAP-008, Powerhouse/Utility Improvements, is the unencumbered	5744
and unallotted balance as of June 30, 2002, in appropriation item	5745
CAP-008, Powerhouse/Utility Improvements, plus $544,622.	5746

Section 17.03. COMMUNITY RESIDENTIAL PROGRAM RENOVATIONS

5747

The foregoing appropriation item CAP-041, Community	5748
Residential Program, may be used by the Department of	5749
Rehabilitation and Correction, under sections 5120.103, 5120.104,	5750
and 5120.105 of the Revised Code, to provide for the construction	5751
or renovation of halfway house facilities for offenders eligible	5752
for community supervision by the Department of Rehabilitation and	5753
Correction.	5754

GENERAL BUILDING RENOVATIONS

5755

The amount reappropriated for the foregoing appropriation	5756
item CAP-111, General Building Renovations, is the unencumbered	5757
and unallotted balance as of June 30, 2002, in appropriation item	5758
CAP-111, General Building Renovations, plus $1,666,065.	5759

Section 18.  All items set forth in this section are hereby	5760
appropriated out of any moneys in the state treasury to the credit	5761
of the Juvenile Correctional Building Fund (Fund 028) and derived	5762
from the proceeds of obligations heretofore authorized to pay	5763
costs of capital facilities, as defined in section 152.09 of the	5764
Revised Code, for the Department of Youth Services.	5765

Reappropriations

DYS DEPARTMENT OF YOUTH SERVICES

5766

Section 18.01.  COMMUNITY REHABILITATION CENTERS

5783

From the foregoing appropriation item CAP-812, Community	5784
Rehabilitation Centers, the Department of Youth Services shall	5785
designate the projects involving the construction and renovation	5786
of single county and multicounty community corrections facilities	5787
for which the Ohio Building Authority is authorized to issue	5788
obligations.	5789

The Department of Youth Services is authorized to review and	5790
approve the renovation and construction of projects for which	5791
funds are provided. The proceeds of any obligations authorized	5792
under this section shall not be applied to any such facilities	5793
that are not designated and approved by the Department of Youth	5794
Services.	5795

The Department of Youth Services shall adopt guidelines to	5796
accept and review applications and designate projects. The	5797
guidelines shall require the county or counties to justify the	5798
need for the facility and to comply with timelines for the	5799
submission of documentation pertaining to the site, program, and	5800
construction.	5801

For purposes of this section, "community corrections	5802
facilities" has the same meaning as in section 5139.36 of the	5803
Revised Code.	5804

Section 18.02. LOCAL JUVENILE DETENTION CENTERS

5805

From the foregoing appropriation item CAP-829, Local Juvenile	5806
Detention Centers, the Department of Youth Services shall	5807
designate the projects involving the construction and renovation	5808
of county and multicounty juvenile detention centers for which the	5809
Ohio Building Authority is authorized to issue obligations.	5810

The Department of Youth Services is authorized to review and	5811
approve the renovation and construction of projects for which	5812
funds are provided. The proceeds of any obligations authorized	5813
under this section shall not be applied to any such facilities	5814
that are not designated by the Department of Youth Services.	5815

The Department of Youth Services shall comply with the	5816
guidelines set forth in this section, accept and review	5817
applications, designate projects, and determine the amount of	5818
state match funding to be applied to each project. The department	5819
shall, with the advice of the county or counties participating in	5820
a project, determine the funded design capacity of the detention	5821
centers that are designated to receive funding. Notwithstanding	5822
any provisions to the contrary contained in Chapter 152. or 153.	5823
of the Revised Code, the Department of Youth Services may	5824
coordinate, review, and monitor the drawdown and use of funds for	5825
the renovation and construction of projects for which designated	5826
funds are provided.	5827

(A) The Department of Youth Services shall develop a	5828
weighted numerical formula to determine the amount, if any, of	5829
state match that may be provided to a single or multicounty	5830
detention center project. The formula shall include the factors	5831
specified below in division (A)(1) of this section and may include	5832
the factors specified below in division (A)(2) of this section.	5833
The weight assigned to the factors specified in division (A)(1) of	5834
this section shall be not less than twice the weight assigned to	5835
factors specified in division (A)(2) of this section.	5836

(1)(a) The number of detention center beds needed in the	5837
county or group of counties, as estimated by the Department of	5838
Youth Services, is significantly more than the number of beds	5839
currently available;	5840

(b) Any existing detention center in the county or group of	5841
counties does not meet health, safety, or security standards for	5842
detention centers as established by the Department of Youth	5843
Services;	5844

(c) The Department of Youth Services projects that the	5845
county or group of counties have a need for a sufficient number of	5846
detention beds to make the project economically viable.	5847

(2)(a) The percentage of children in the county or group of	5848
counties living below the poverty level is above the state	5849
average;	5850

(b) The per capita income in the county or group of counties	5851
is below the state average.	5852

(B) The formula developed by the Department of Youth	5853
Services shall yield a percentage of state match ranging from 0 to	5854
60 per cent based on the above factors. Notwithstanding the	5855
foregoing provisions, if a single county or multicounty system	5856
currently has no detention center beds, or if the projected need	5857
for detention center beds as estimated by the Department of Youth	5858
Services is greater than 120 per cent of current detention center	5859
bed capacity, then the percentage of state match shall be 60 per	5860
cent. To determine the dollar amount of the state match for new	5861
construction projects, the percentage of state match is multiplied	5862
by $105,000 per bed for detention centers with a designated	5863
capacity of 99 beds or less, and by $130,000 per bed for detention	5864
centers with a design capacity of 100 beds or more. To determine	5865
the dollar amount of the state match for renovation projects the	5866
percentage match shall be multiplied by the actual cost of the	5867
renovation, provided that the cost of the renovation does not	5868
exceed $80,000 per bed. The funding authorized under this section	5869
that may be applied to a construction or renovation project shall	5870
not exceed the actual cost of the project.	5871

The funding authorized under this section shall not be	5872
applied to any project unless the detention center will be built	5873
in compliance with health, safety, and security standards for	5874
detention centers as established by the Department of Youth	5875
Services. In addition, the funding authorized under this section	5876
shall not be applied to the renovation of a detention center	5877
unless the renovation is for the purpose of increasing the number	5878
of beds in the center, or to meet health, safety, or security	5879
standards for detention centers as established by the Department	5880
of Youth Services.	5881

Section 19. All items set forth in this section are hereby	5882
appropriated out of any moneys in the state treasury to the credit	5883
of the Transportation Building Fund (Fund 029) and derived from	5884
the proceeds of obligations heretofore authorized to pay costs of	5885
the following capital improvements:	5886

Reappropriations

DOT DEPARTMENT OF TRANSPORTATION

5887

Section 20. All items set forth in this section are hereby	5892
appropriated out of any moneys in the state treasury to the credit	5893
of the Arts Facilities Building Fund (Fund 030) and derived from	5894
the proceeds of obligations heretofore authorized to pay costs of	5895
the following capital improvements:	5896

Reappropriations

AFC ARTS AND SPORTS FACILITIES COMMISSION

5897

CENTER OF SCIENCE AND INDUSTRY - TOLEDO

5952

The amount reappropriated for the foregoing item CAP-003,	5953
Center of Science and Industry - Toledo, is $6,559 plus the	5954
unencumbered and unallotted balances as of June 30, 2002, in	5955
appropriation item CAP-003, Center of Science and Industry -	5956
Toledo.	5957

VALENTINE THEATRE

5958

The amount reappropriated for the foregoing appropriation	5959
item CAP-004, Valentine Theatre, is $31,828 plus the unencumbered	5960
and unallotted balances as of June 30, 2002, in appropriation item	5961
CAP-004, Valentine Theatre.	5962

CENTER OF SCIENCE AND INDUSTRY - COLUMBUS

5963

The amount reappropriated for the foregoing appropriation	5964
item CAP-005, Center of Science and Industry - Columbus, is	5965
$190,334 plus the unencumbered and unallotted balances as of June	5966
30, 2002, in appropriation item CAP-005, Center of Science and	5967
Industry - Columbus.	5968

COSI COLUMBUS - LOCAL ADMINISTRATION OF CAPITAL PROJECT	5969
CONTRACTS	5970

Notwithstanding division (A) of section 3383.07 of the	5971
Revised Code, the Ohio Arts and Sports Facilities Commission, with	5972
respect to the foregoing appropriation item CAP-005, Center of	5973
Science and Industry - Columbus may administer all or part of	5974
capital facilities project contracts involving exhibit fabrication	5975
and installation as determined by the Department of Administrative	5976
Services, the Center of Science and Industry - Columbus, and the	5977
Ohio Arts and Sports Facilities Commission in review of the	5978
project plans. The Ohio Arts and Sports Facilities Commission	5979
shall enter into a contract with the Center of Science and	5980
Industry - Columbus to administer the exhibit fabrication and	5981
installation contracts and such contracts are not subject to	5982
Chapter 123. or 153. of the Revised Code.	5983

SANDUSKY STATE THEATRE IMPROVEMENTS

5984

The amount reappropriated for the foregoing appropriation	5985
item CAP-010, Sandusky State Theatre Improvements, is $2,633 plus	5986
the unencumbered and unallotted balances as of June 30, 2002, in	5987
appropriation item CAP-010, Sandusky State Theatre Improvements.	5988

STAMBAUGH HALL IMPROVEMENTS

5989

The amount reappropriated for the foregoing appropriation	5990
item CAP-013, Stambaugh Hall Improvements, is $1,477 plus the	5991
unencumbered and unallotted balances as of June 30, 2002, in	5992
appropriation item CAP-013, Stambaugh Hall Improvements.	5993

OHIO AGRICULTURAL AND INDUSTRIAL HERITAGE CENTER

5994

The amount reappropriated for the foregoing appropriation	5995
item CAP-056, Ohio Agricultural and Industrial Heritage Center, is	5996
$1,787 plus the unencumbered and unallotted balances as of June	5997
30, 2002, in appropriation item CAP-056, Ohio Agricultural and	5998
Industrial Heritage Center.	5999

NATIONAL UNDERGROUND RAILROAD FREEDOM CENTER

6000

The amount reappropriated for appropriation item CAP-044,	6001
National Underground Railroad Freedom Center, is the sum of the	6002
unencumbered and unallotted balance as of June 30, 2002, in	6003
appropriation item CAP-044, National Underground Railroad Freedom	6004
Center, and CAP-029, Cincinnati Riverfront Development.	6005

Section 21.  All items set forth in this section are hereby	6006
appropriated out of any moneys in the state treasury to the credit	6007
of the Ohio Parks and Natural Resources Fund (Fund 031) and	6008
derived from the proceeds of obligations heretofore authorized to	6009
pay costs of capital facilities, as defined in sections 151.01 and	6010
151.05 of the Revised Code, for natural resource-related purposes.	6011

Reappropriations

DNR DEPARTMENT OF NATURAL RESOURCES

6012

STATEWIDE AND LOCAL PROJECTS

6013

DIVISION OF CIVILIAN CONSERVATION

6041

DIVISION OF FORESTRY

6047

DIVISION OF GEOLOGIC SURVEY

6056

DIVISION OF MINERAL RESOURCES MANAGEMENT

6059

DIVISION OF NATURAL AREAS AND PRESERVES

6062

DIVISION OF WILDLIFE

6071

DIVISION OF PARKS AND RECREATION

6074

DIVISION OF SOIL AND WATER CONSERVATION

6103

DIVISION OF WATER

6107

Section 21.01. LAND ACQUISITION

6120

Of the foregoing appropriation item CAP-012, Land	6121
Acquisition, $300,000 shall be used by the City of Mentor to	6122
purchase property for the Mentor Marsh.	6123

CHIPPEWA MARINA

6124

Of the foregoing appropriation item CAP-331, Park Boating	6125
Facilities, $200,000 shall be used for the Chippewa Marina	6126
Rehabilitation at Indian Lake State Park in Logan County for dock	6127
replacement, additional docks, and seawall repairs.	6128

MIAMI AND ERIE CANAL IMPROVEMENTS

6129

Of the foregoing appropriation item CAP-705, Rehabilitate	6130
Canals, Hydraulic Works, and Support Facilities, at least	6131
$1,250,000 shall be used for Miami and Erie Canal improvements.	6132

REHABILITATE CANALS, HYDRAULIC WORKS, AND SUPPORT FACILITIES

6133

Of the foregoing reappropriation item CAP-705, Rehabilitate	6134
Canals, Hydraulic Works, and Support Facilities, $150,000 shall be	6135
used for Miami-Erie Canal Improvements in Allen County and	6136
$1,000,000 shall be used for the Ohio Canal Lock 3 Revitalization.	6137

OPERATIONS AND MAINTENANCE FACILITY DEVELOPMENT AND	6138
RENOVATION	6139

Of the foregoing reappropriation item CAP-841, Operations and	6140
Maintenance Facility Renovation and Development, $8,000 shall be	6141
used for Perry State Forest Fencing in Perry County, and $10,000	6142
shall be used for Harrison State Forest Improvements.	6143

LOCAL PARKS PROJECTS - STATEWIDE

6144

The amount reappropriated for the foregoing appropriation	6145
item CAP-748, Local Parks Projects - Statewide, is $1,311,625	6146
plus the unencumbered and unallotted balance as of June 30, 2002,	6147
in item CAP-748, Local Parks Projects - Statewide. The $1,311,625	6148
represents amounts that were previously appropriated, allocated to	6149
counties pursuant to division (D) of section 1557.06 of the	6150
Revised Code, and encumbered for local project grants. The	6151
encumberances for these local projects in the various counties	6152
shall be canceled by the Director of Natural Resources or the	6153
Director of Budget and Management. The Director of Natural	6154
Resources shall allocate the $1,311,625 to the same counties the	6155
moneys were originally allocated to, in the amount of the canceled	6156
encumbrances.	6157

COMMUNITY RECREATION PROJECTS

6158

Of the foregoing appropriation item CAP-788, Community	6159
Recreation Projects, grants shall be made for the following	6160
projects: $10,000 for Goodale Park Improvements, $20,000 for	6161
Grove City Park Improvements, $100,000 for Chagrin Falls Park,	6162
$10,000 for Holmes County Park District, $60,000 for the Leighty	6163
Lake Restoration Project, $300,000 for Firestone Park	6164
Improvements, $50,000 for Dover City Parks, $50,000 for New	6165
Philadelphia City Park, and $82,000 for Hamilton Township Park at	6166
Foster.	6167

DAM REHABILITATION

6168

Of the foregoing appropriation item CAP-881, Dam	6169
Rehabilitation, up to $5,000,000 shall be used to rehabilitate the	6170
Muskingum River Locks and Dams.	6171

Section 21.02.  For the projects appropriated in Section 21	6172
of this act, the Ohio Department of Natural Resources shall	6173
periodically prepare and submit to the Director of Budget and	6174
Management the estimated design, planning, and engineering costs	6175
of capital-related work to be done by the Department of Natural	6176
Resources for each project. Based on the estimates, the Director	6177
of Budget and Management may release appropriations from the	6178
foregoing appropriation item CAP-753, Project Planning, to pay for	6179
design, planning, and engineering costs incurred by the Department	6180
of Natural Resources for such projects. Upon release of the	6181
appropriations by the Director of Budget and Management, the	6182
Department of Natural Resources shall pay for these expenses from	6183
Fund 4S9, Capital Expenses, and be reimbursed by Fund 031 using an	6184
intrastate voucher.	6185

Section 22.  All items set forth in this section are hereby	6186
appropriated out of any moneys in the state treasury to the credit	6187
of the School Building Program Assistance Fund (Fund 032) and	6188
derived from the proceeds of obligations heretofore authorized to	6189
pay the cost to the state of constructing classroom facilities	6190
pursuant to sections 3318.01 to 3318.35 of the Revised Code.	6191

Reappropriations

SFC SCHOOL FACILITIES COMMISSION

6192

Section 22.01. BIG EIGHT SCHOOL DISTRICTS

6200

(A) The amount reappropriated for the foregoing appropriation	6201
item CAP-775, Big Eight Capital Improvement Program, shall be used	6202
by the School Facilities Commission to provide funding to the big	6203
eight school districts, as defined in section 3314.02 of the	6204
Revised Code, to be used for major renovations and repairs of	6205
school facilities. Big eight school districts that levy at least	6206
2.5 voted mills for permanent improvements also are eligible to	6207
expend funding from this program for additions to existing	6208
facilities. However, any big eight school district that does so	6209
shall receive no financial assistance from the School Facilities	6210
Commission for the purpose of replacing that facility for a period	6211
of at least twenty years. These appropriations shall be allocated	6212
to the big eight school districts on a per-pupil basis, based on	6213
fiscal year 1997 average daily membership as defined in section	6214
3317.03 of the Revised Code. School districts that receive	6215
conditional approval by the Controlling Board, pursuant to section	6216
3318.04 of the Revised Code, to participate in the Accelerated	6217
Urban School Building Program are no longer eligible to receive	6218
funding from the Big Eight Capital Improvement Program, except for	6219
appropriations already encumbered at the time the conditional	6220
approval is granted. To be eligible to receive appropriations from	6221
the Big Eight Capital Improvement Program, each school district	6222
shall:	6223

(1) Provide a 100 per cent match from funds that are approved	6224
by the School Facilities Commission. Except for, after the	6225
effective date of this section, eligible districts in the first	6226
through fiftieth percentile, as determined under section 3318.011	6227
of the Revised Code, shall provide a match to their remaining	6228
balances in the Big Eight Renovation Program as of the effective	6229
date of this section such that the local match is equal to the	6230
district's percentage share contribution as determined under the	6231
fiscal year 2002 three-year average adjusted valuation per pupil	6232
list pursuant to section 3318.011 of the Revised Code.	6233

(2) Develop and submit a capital renovations plan for the use	6234
of the state and local funds subject to approval by the School	6235
Facilities Commission.	6236

(B) The Executive Director of the School Facilities	6237
Commission may from time to time request the Director of Budget	6238
and Management to transfer any unencumbered and unallotted	6239
balances in appropriation item CAP-775, Big Eight Capital	6240
Improvement Program, to appropriation item CAP-770, School	6241
Building Program Assistance. Any amounts transferred are hereby	6242
appropriated.	6243

Section 23.  All items set forth in Sections 23.01 to 23.03	6244
of this act are hereby appropriated out of any moneys in the state	6245
treasury to the credit of the Mental Health Facilities Improvement	6246
Fund (Fund 033) and derived from the proceeds of obligations	6247
heretofore authorized to pay costs of capital facilities, as	6248
defined in section 154.01 of the Revised Code, for mental hygiene	6249
and retardation.	6250

Reappropriations

Section 23.01.  ADA DEPARTMENT OF ALCOHOL AND DRUG ADDICTION	6251
SERVICES	6252

Reappropriations

Section 23.02.  DMH DEPARTMENT OF MENTAL HEALTH

6258

STATEWIDE AND CENTRAL OFFICE PROJECTS

6259

HAZARDOUS MATERIALS ABATEMENT

6269

The amount reappropriated for appropriation item CAP-092,	6270
Hazardous Materials Abatement, is the sum of the unencumbered and	6271
unallotted balances as of June 30, 2002, in appropriation items	6272
CAP-973, Abatement of Hazardous Airborne Materials, and CAP-092,	6273
Hazardous Materials Abatement.	6274

LIFE SAFETY AND CRITICAL PLANT RENOVATIONS

6275

The amount reappropriated for appropriation item CAP-976,	6276
Life Safety/Critical Plant Renovations, is the sum of the	6277
unencumbered and unallotted balances as of June 30, 2002, in	6278
appropriation items CAP-954, Fire Suppression Improvements -	6279
Dayton; CAP-979, Life Safety/Critical Plant Renovation; CAP-983,	6280
Life Safety/Critical Plant Renovation; and CAP-976, Life	6281
Safety/Critical Plant Renovation.	6282

PATIENT CARE AND ENVIRONMENT IMPROVEMENTS

6283

The amount reappropriated for appropriation item CAP-977,	6284
Patient Care/Environment Improvements, is the sum of the	6285
unencumbered and unallotted balances as of June 30, 2002, in	6286
appropriation items CAP-303, Center School Replacement; CAP-701,	6287
Energy Conservation Projects; CAP-790, Main Building Addition -	6288
Phase 1 - Toledo; CAP-822, New Facility Development - Athens;	6289
CAP-949, Building/Residential Unit Rehabilitation - CMHC; CAP-950,	6290
Residential Unit Reconfiguration - Columbus; CAP-953	6291
Building/Residential Unit Reconfiguration - North Campus; CAP-956,	6292
Building/Residential Unit Reconfiguration - Dayton; CAP-958,	6293
Building/Residential Unit Reconfiguration - MPC; CAP-963, Building	6294
Reconfiguration/Consolidation - Toledo; CAP-980, Patient	6295
Environment Improvements/Consolidation; CAP-984, Patient	6296
Environment Improvements/Consolidation; and CAP-977, Patient	6297
Care/Environment Improvements.	6298

INFRASTRUCTURE RENOVATIONS

6299

The amount reappropriated for appropriation item CAP-978,	6300
Infrastructure Renovations, is the sum of the unencumbered and	6301
unallotted balances as of June 30, 2002, in appropriation items	6302
CAP-825, Dietary Facility Development; CAP-930, Boiler/HVAC	6303
Renovation - Phase 2; CAP-833, Dietary Renovation - North Campus;	6304
CAP-943, Dietary Delivery System; CAP-947, Telephone System	6305
Renovation; CAP-951, Utility Consolidation/Site Improvements -	6306
Columbus; CAP-982, Infrastructure Renovations; CAP-985,	6307
Infrastructure Renovations; CAP-987, Telecommunication	6308
Renovations; and CAP-978, Infrastructure Renovations.	6309

CAMPUS CONSOLIDATION

6310

The amount reappropriated for appropriation item CAP-986,	6311
Campus Consolidation, is the sum of the unencumbered and	6312
unallotted balances as of June 30, 2002, in appropriation items	6313
CAP-906, Campus Consolidation Planning; and CAP-986, Campus	6314
Consolidation.	6315

Reappropriations

Section 23.03.  DMR DEPARTMENT OF MENTAL RETARDATION AND

6316

DEVELOPMENTAL DISABILITIES

6317

STATEWIDE PROJECTS

6318

COMMUNITY ASSISTANCE PROJECTS

6329

The foregoing appropriation item CAP-480, Community	6330
Assistance Projects, may be used to provide community assistance	6331
funds for the construction or renovation of facilities for day	6332
programs or residential programs that provide services to persons	6333
eligible for services from the Department of Mental Retardation	6334
and Developmental Disabilities or county boards of mental	6335
retardation and developmental disabilities. Any funds provided to	6336
nonprofit agencies for the construction or renovation of	6337
facilities for persons eligible for services from the Department	6338
of Mental Retardation and Developmental Disabilities and county	6339
boards of mental retardation and developmental disabilities are	6340
subject to the prevailing wage provisions in section 176.05 of the	6341
Revised Code.	6342

STATEWIDE DEVELOPMENTAL CENTERS

6343

The amount reappropriated for the foregoing appropriation	6344
item CAP-955, Statewide Developmental Centers, is the sum of the	6345
unencumbered and unallotted balances as of June 30, 2002, in	6346
appropriation items CAP-014, Electrical System Renovations;	6347
CAP-479, Community Residential Projects; CAP-712,	6348
Administration/Education/Workshop; CAP-849, Exterior Renovations;	6349
CAP-854, Renovate Residential Buildings; CAP-888, New	6350
Dietary/Support Service Building - CDC; CAP-890, Roof Renovations	6351
- GDC; CAP-897, ADA Compliance Improvements - TDC; CAP-916,	6352
Electrical System Renovation; CAP-918, Renovation of Water	6353
Wells/Tower; CAP-921, Window Replacements; CAP-929, Program	6354
Building Renovation; CAP-930, Garza Building Renovation; CAP-939,	6355
Tunnel and Site Improvements; CAP-942, Fire Alarm/Sprinkler System	6356
Improvements; and CAP-980, Pool Chemical Feed System.	6357

APPLE CREEK DEVELOPMENTAL CENTER

6358

CAMBRIDGE DEVELOPMENTAL CENTER

6366

COLUMBUS DEVELOPMENTAL CENTER

6373

GALLIPOLIS DEVELOPMENTAL CENTER

6379

MONTGOMERY DEVELOPMENTAL CENTER

6387

MOUNT VERNON DEVELOPMENTAL CENTER

6393

NORTHWEST OHIO DEVELOPMENTAL CENTER

6403

SOUTHWEST OHIO DEVELOPMENTAL CENTER

6410

SPRINGVIEW DEVELOPMENTAL CENTER

6415

TIFFIN DEVELOPMENTAL CENTER

6421

WARRENSVILLE DEVELOPMENTAL CENTER

6429

YOUNGSTOWN DEVELOPMENTAL CENTER

6439

Section 23.04.  The foregoing capital improvements for which	6450
appropriations are made in Sections 23.01 to 23.03 of this act are	6451
determined to be capital improvements and capital facilities for	6452
mental hygiene and retardation, and are designated as the capital	6453
facilities to which proceeds of obligations in the Mental Health	6454
Facilities Improvement Fund, created by section 154.20 of the	6455
Revised Code, are to be applied. The foregoing appropriations for	6456
the Department of Alcohol and Drug Addiction Services, CAP-002,	6457
Community Assistance Projects; Department of Mental Health,	6458
CAP-479, Community Assistance Projects; and Department of Mental	6459
Retardation and Developmental Disabilities, CAP-480, Community	6460
Assistance Projects, may be used on facilities constructed or to	6461
be constructed pursuant to Chapter 340., 3793., 5119., 5123., or	6462
5126. of the Revised Code or the authority granted by section	6463
154.20 of the Revised Code and the rules adopted pursuant to those	6464
chapters and that section and shall be distributed by the	6465
Department of Alcohol and Drug Addiction Services, the Department	6466
of Mental Health, and the Department of Mental Retardation and	6467
Developmental Disabilities, subject to Controlling Board approval.	6468

Section 23.05.  (A) No capital improvement appropriations	6469
made in Sections 23.01 to 23.03 of this act shall be released for	6470
planning or for improvement, renovation, or construction or	6471
acquisition of capital facilities if a governmental agency, as	6472
defined in section 154.01 of the Revised Code, does not own the	6473
real property that constitutes the capital facilities or on which	6474
the capital facilities are or will be located. This restriction	6475
does not apply in any of the following circumstances:	6476

(1) The governmental agency has a long-term (at least	6477
fifteen years) lease of, or other interest (such as an easement)	6478
in, the real property.	6479

(2) In the case of an appropriation for capital facilities	6480
that, because of their unique nature or location, will be owned or	6481
be part of facilities owned by a separate nonprofit organization	6482
and made available to the governmental agency for its use or	6483
operated by the nonprofit organization under contract with the	6484
governmental agency, the nonprofit organization either owns or has	6485
a long-term (at least fifteen years) lease of the real property or	6486
other capital facility to be improved, renovated, constructed, or	6487
acquired and has entered into a joint or cooperative use	6488
agreement, approved by the Department of Mental Health, Department	6489
of Mental Retardation and Developmental Disabilities, or	6490
Department of Alcohol and Drug Addiction Services, whichever is	6491
applicable, with the governmental agency for that agency's use of	6492
and right to use the capital facilities to be financed and, if	6493
applicable, improved, the value of such use or right to use being,	6494
as determined by the parties, reasonably related to the amount of	6495
the appropriation.	6496

(B) In the case of capital facilities referred to in	6497
division (A)(2) of this section, the joint or cooperative use	6498
agreement shall include, as a minimum, provisions that:	6499

(1) Specify the extent and nature of that joint or	6500
cooperative use, extending for no fewer than fifteen years, with	6501
the value of such use or right to use to be, as determined by the	6502
parties and approved by the applicable department, reasonably	6503
related to the amount of the appropriation;	6504

(2) Provide for pro rata reimbursement to the state should	6505
the arrangement for joint or cooperative use by a governmental	6506
agency be terminated;	6507

(3) Provide that procedures to be followed during the	6508
capital improvement process will comply with appropriate	6509
applicable state statutes and rules, including provisions of this	6510
act.	6511

Section 24.  All items set forth in Sections 24.01 to 24.56	6512
of this act are hereby appropriated out of any moneys in the	6513
state treasury to the credit of the Higher Education Improvement	6514
Fund (Fund 034) and derived from the proceeds of obligations	6515
heretofore authorized to pay the costs of capital facilities, as	6516
defined in sections 151.01 and 151.04 of the Revised Code, for	6517
state-supported and state-assisted institutions of higher	6518
education.	6519

Reappropriations

Section 24.01.  OEB OHIO EDUCATIONAL TELECOMMUNICATIONS	6520
NETWORK COMMISSION	6521

EDUCATIONAL TELEVISION AND RADIO EQUIPMENT

6526

The foregoing appropriation item CAP-001, Educational	6527
Television and Radio Equipment, shall be used to provide	6528
broadcasting, transmission, and production equipment to Ohio	6529
public radio and television stations, radio reading services, and	6530
the Ohio Educational Telecommunications Network Commission.	6531

EDUCATIONAL BROADCASTING FIBER OPTIC NETWORK

6532

The foregoing appropriation item CAP-002, Educational	6533
Broadcasting Fiber Optic Network, shall be used to link the Ohio	6534
public radio and television stations, radio reading services, and	6535
the Ohio Educational Broadcasting Network for the reception and	6536
transmission of digital communications through fiber optic cable	6537
or other technology.	6538

Reappropriations

Section 24.02.  BOR BOARD OF REGENTS

6539

Section 24.03. SUPERCOMPUTER CENTER EXPANSION

6552

The amount reappropriated for the foregoing appropriation	6553
item CAP-030, Supercomputer Center Expansion, is the unencumbered	6554
and unallotted balance as of June 30, 2002, in appropriation item	6555
CAP-030, Supercomputer Center Expansion, minus $508,599.	6556

Section 24.04. RESEARCH FACILITY ACTION INVESTMENT FUNDS

6557

The amount reappropriated for the foregoing appropriation	6558
item CAP-032, Research Facility Action and Investment Funds, is	6559
the sum of the unencumbered and unallotted balance as of June 30,	6560
2002, in appropriation item CAP-032, Research Facility Action and	6561
Investment Funds, plus the unencumbered and unallotted balance as	6562
of June 30, 2002, in Youngstown State University's appropriation	6563
item CAP-118, X-Ray Defractometer.	6564

Section 24.05.  RESEARCH FACILITY ACTION AND INVESTMENT	6565
FUNDS	6566

The foregoing appropriation item CAP-032, Research Facility	6567
Action and Investment Funds, shall be used for a program of grants	6568
to be administered by the Board of Regents to provide timely	6569
availability of capital facilities for research programs and	6570
research-oriented instructional programs at or involving	6571
state-supported and state-assisted institutions of higher	6572
education.	6573

The Board of Regents shall adopt rules under Chapter 119. of	6574
the Revised Code relative to the application for and approval of	6575
projects funded from appropriation item CAP-032, Research Facility	6576
Action and Investment Funds. The rules shall be reviewed and	6577
approved by the Legislative Committee on Education Oversight. The	6578
Board of Regents shall inform the President of the Senate and the	6579
Speaker of the House of Representatives of each project	6580
application for funding received. Each project receiving a	6581
commitment for funding by the Board of Regents under the rules	6582
shall be reported to the President of the Senate and the Speaker	6583
of the House of Representatives.	6584

Section 24.06. REPAYMENT OF RESEARCH FACILITY ACTION AND	6585
INVESTMENT FUND MONEYS	6586

Notwithstanding any provision of law to the contrary, all	6587
repayments of Research Facility Action and Investment Fund loans	6588
shall be made to the Bond Service Account in the Higher Education	6589
Bond Service Trust Fund.	6590

Institutions of higher education shall make timely repayments	6591
of Research Facility Action and Investment Fund loans, according	6592
to the schedule established by the Board of Regents. In the case	6593
of late payments, the Board of Regents may deduct from an	6594
institution's periodic subsidy distribution an amount equal to the	6595
amount of the overdue payment for that institution, transfer such	6596
amount to the Bond Service Trust Fund, and credit the appropriate	6597
institution for the repayment.	6598

Section 24.07. CHILD CARE FACILITIES - MATCHING GRANTS

6599

The foregoing appropriation item CAP-033, Child Care	6600
Facilities - Matching Grants, shall be used by the Board of	6601
Regents to make grants to state-supported or state-assisted	6602
institutions of higher education for projects to expand,	6603
construct, renovate space, or equip child care centers. All	6604
grants shall be awarded on a 50 per cent match basis. In making	6605
grant awards, the Board of Regents shall give priority to:	6606

(A) Projects located at state-supported or state-assisted	6607
institutions without child care facilities;	6608

(B) Projects for which the principal clients are children of	6609
students enrolled at the institution; and	6610

(C) Projects where the facility will be used as a	6611
classroom/training lab for child care/preschool certification	6612
programs.	6613

Section 24.08. TECHNOLOGY INITIATIVES

6614

In order to determine a method of awarding grants from the	6615
foregoing appropriation item CAP-060, Technology Initiatives, the	6616
Board of Regents shall form a consultation group including, but	6617
not limited to, representatives of state-supported and	6618
state-affiliated colleges and universities, the Office of Budget	6619
and Management, the Legislative Service Commission, and the	6620
Legislative Office of Education Oversight.	6621

Section 24.09. EMINENT SCHOLARS CAPITAL GRANTS

6622

The foregoing appropriation item CAP-064, Eminent Scholars	6623
Capital Grants, shall be used by the Board of Regents to make	6624
grants to state colleges and universities and nonprofit	6625
institutions of higher education holding certificates of	6626
authorization issued under section 1713.02 of the Revised Code	6627
that receive endowment grants from appropriation item 235-451,	6628
Eminent Scholars. The capital grants shall be used to acquire,	6629
renovate, rehabilitate, or construct facilities and purchase	6630
equipment to be used by an eminent scholar in the conduct of	6631
research and shall require a 50 per cent match from recipient	6632
campuses.	6633

The Board of Regents shall convene an Eminent Scholars	6634
Advisory Panel that shall make recommendations for the	6635
administration of the Eminent Scholars Program, including the	6636
award of capital grants. The panel's recommendations for capital	6637
grants from appropriation item CAP-064, Eminent Scholars Capital	6638
Grants, shall require the approval of the Board of Regents.	6639

Section 24.10. BIOMEDICAL TECHNOLOGY CENTER

6640

The foregoing appropriation item CAP-065, Biomedical	6641
Technology Center, shall be used by the Center for Applied	6642
Biomedical Technologies for site development and the design,	6643
construction, and equipment costs of a new biomedical technology	6644
resources facility. Prior to release of the funds, a proposal for	6645
the construction of the facility and the use of state funds shall	6646
be approved by the Biomedical Technology Center Oversight	6647
Committee, which is hereby created and consists of the Governor's	6648
Science and Technology Advisor, the president of the Edison Bio	6649
Technology Center, and the Governor's regional economic	6650
development representative for northeastern Ohio. The committee	6651
shall determine the extent to which Section 24.54 of this act or	6652
appropriate alternative procedures apply to the project. Upon	6653
notification of the committee's approval, the Chancellor of the	6654
Board of Regents shall request the Director of Budget and	6655
Management or the Controlling Board to release the appropriations.	6656
The Biomedical Technology Center Oversight Committee ceases to	6657
exist upon the release of all appropriations from this item. This	6658
appropriation shall not be used to match any grants made by the	6659
Biomedical Research and Technology Transfer Commission.	6660

Section 24.11. REIMBURSEMENT FOR PROJECT COSTS

6661

Appropriations made in Sections 24.02 to 24.56 of this act	6662
for purposes of the costs of capital facilities for the interim	6663
financing of which the particular institution has previously	6664
issued its own obligations anticipating the possibility of future	6665
state appropriations to pay all or a portion of such costs, as	6666
contemplated in division (B) of section 3345.12 of the Revised	6667
Code, shall be paid directly to the institution or the paying	6668
agent for those outstanding obligations in the full principal	6669
amount of those obligations then to be paid from the anticipated	6670
appropriation, and shall be timely applied to the retirement of a	6671
like principal amount of the institution's obligations.	6672

Appropriations made in Sections 24.02 to 24.56 of this act	6673
for purposes of the costs of capital facilities, all or a portion	6674
of which costs the particular institution has paid from the	6675
institution's moneys that were temporarily available and which	6676
payments were reasonably expected to be reimbursed from the	6677
proceeds of obligations issued by the state, shall be directly	6678
paid to the institution in the full amounts of those payments and	6679
shall be timely applied to the reimbursement of those temporarily	6680
available moneys.	6681

Reappropriations

Section 24.12.  UAK UNIVERSITY OF AKRON

6682

Reappropriations

Section 24.13.  BGU BOWLING GREEN STATE UNIVERSITY

6702

BASIC RENOVATIONS

6724

The amount reappropriated for the foregoing appropriation	6725
item CAP-009, Basic Renovations, shall be the sum of the	6726
unencumbered and unallotted balances as of June 30, 2002, in	6727
appropriation items CAP-009, Basic Renovations; CAP-054,	6728
University Hall Rehabilitation; CAP-055, Fine Arts Addition;	6729
CAP-056, Modify Continuing Education Offices; CAP-057, Roof	6730
Renovations; CAP-061, Bursar/Biology Labs/Library/Sewer; CAP-063,	6731
Eppler Rehabilitation; CAP-081, Large Lecture Hall Renovations;	6732
CAP-083, Central Heating Plant Replacement; CAP-084, Physical	6733
Sciences Chiller; CAP-086, Health Center - 2nd Floor Renovations;	6734
CAP-096, Campus-wide Paving - Phase II; CAP-097, Education	6735
Building HVAC Upgrades; CAP-098, Sciences Complex Cooling Tower;	6736
CAP-099, Technology Building Chiller; and CAP-107, Campus Lighting	6737
Project - Phase II, plus $2,070.	6738

BASIC RENOVATIONS - FIRELANDS

6739

The amount reappropriated for the foregoing appropriation	6740
item CAP-060, Basic Renovations - Firelands, is the sum of the	6741
unencumbered and unallotted balances as of June 30, 2002, in	6742
appropriation items CAP-060, Basic Renovations - Firelands;	6743
CAP-067, Energy Conservation Project - Firelands; and CAP-089, ADA	6744
Modifications - Firelands.	6745

Reappropriations

Section 24.14.  CSU CENTRAL STATE UNIVERSITY

6746

Reappropriations

Section 24.15.  UCN UNIVERSITY OF CINCINNATI

6769

NEW CLASSROOM/LAB BUILDING - CLERMONT

6830

The amount reappropriated for the foregoing appropriation	6831
item CAP-127, New Classroom/Lab Building - Clermont, is $21,215.	6832

SCIENCE/ALLIED HEALTH BUILDING - WALTERS

6833

The amount reappropriated for the foregoing appropriation	6834
item CAP-128, Science/Allied Health Building - Walters, is	6835
$77,947, plus the unencumbered and unallotted balance as of June	6836
30, 2002, in appropriation item CAP-128, Science/Allied Health	6837
Building - Walters.	6838

Reappropriations

Section 24.16.  CLS CLEVELAND STATE UNIVERSITY

6839

CLASSROOM UPGRADE

6870

The amount reappropriated for the foregoing appropriation	6871
item CAP-109, Classroom Upgrade, is $5,192 plus the unencumbered	6872
and unallotted balance as of June 30, 2002, in appropriation item	6873
CAP-109, Classroom Upgrade.	6874

LANDSCAPING/SIDEWALKS/STAIRS

6875

The amount reappropriated for the foregoing appropriation	6876
item CAP-117, Landscaping/Sidewalks/Stairs, is $12,621 plus the	6877
unencumbered and unallotted balance as of June 30, 2002, in	6878
appropriation item CAP-117, Landscaping/Sidewalks/Stairs.	6879

Reappropriations

Section 24.17.  KSU KENT STATE UNIVERSITY

6880

Reappropriations

Section 24.18.  MUN MIAMI UNIVERSITY

6949

BASIC RENOVATIONS

6996

The amount reappropriated for the foregoing appropriation	6997
item CAP-018, Basic Renovations, is the sum of the unencumbered	6998
and unallotted balances as of June 30, 2002, in appropriation	6999
items CAP-018, Basic Renovations, and CAP-084, Central Steam Plant	7000
Addition.	7001

BASIC RENOVATIONS - HAMILTON

7002

The amount reappropriated for the foregoing appropriation	7003
item CAP-066, Basic Renovations - Hamilton, is $22,712 plus the	7004
unencumbered and unallotted balance as of June 30, 2002, in	7005
appropriation item CAP-066, Basic Renovations - Hamilton.	7006

LAND RESTORATION - HAMILTON

7007

The amount reappropriated for the foregoing appropriation	7008
item CAP-064, Land Restoration - Hamilton, is the unencumbered and	7009
unallotted balance as of June 30, 2002, in appropriation item	7010
CAP-064, Land Restoration - Hamilton, minus $22,712.	7011

HOYT HALL REHABILITATION

7012

The amount reappropriated for the foregoing appropriation	7013
item CAP-088, Hoyt Hall Rehabilitation, is $3,693 plus the	7014
unencumbered and unallotted balance as of June 30, 2002, in	7015
appropriation item CAP-088, Hoyt Hall Rehabilitation.	7016

HIGH VOLTAGE ELECTRIC

7017

The amount reappropriated for the foregoing appropriation	7018
item CAP-089, High Voltage Electric, is $1,155 plus the	7019
unencumbered and unallotted balance as of June 30, 2002, in	7020
appropriation item CAP-089, High Voltage Electric.	7021

ROUDEBUSH HALL REHABILITATION

7022

The amount reappropriated for the foregoing appropriation	7023
item CAP-111, Roudebush Hall Rehabilitation, is $161,556 plus the	7024
unencumbered and unallotted balance as of June 20, 2002, in	7025
appropriation item CAP-111, Roudebush Hall Rehabilitation.	7026

CHILLED WATER LOOP - HAMILTON

7027

The amount reappropriated for the foregoing appropriation	7028
item CAP-112, Chilled Water Loop Phase I - Hamilton, is $507,029	7029
plus the unencumbered and unallotted balance as of June 30, 2002,	7030
in appropriation item CAP-112, Chilled Water Loop - Hamilton.	7031

CHILLED WATER LOOP - MIDDLETOWN

7032

The amount reappropriated for the foregoing appropriation	7033
item CAP-114, Chilled Water Loop Phase I - Middletown, is the	7034
unencumbered and unallotted balance as of June 30, 2002, in	7035
appropriation item CAP-114, Chilled Water Loop - Middletown, minus	7036
$501,381.	7037

Reappropriations

Section 24.19. OSU OHIO STATE UNIVERSITY

7038

BASIC RENOVATIONS

7233

The amount reappropriated for the foregoing appropriation	7234
item CAP-074, Basic Renovations, is $370,480 plus the unencumbered	7235
and unallotted balance as of June 30, 2002, in appropriation item	7236
CAP-074, Basic Renovations.	7237

EVANS LAB ADDITION

7238

The amount reappropriated for the foregoing appropriation	7239
item CAP-216, Evans Lab Addition, is $14,195 plus the unencumbered	7240
and unallotted balance as of June 30, 2002, in appropriation item	7241
CAP-216, Evans Lab Addition.	7242

HORTICULTURE/ENTOMOLOGY GREENHOUSE - OARDC

7243

The amount reappropriated for the foregoing appropriation	7244
item CAP-271, Horticulture/Entomology Greenhouse - OARDC, is	7245
$1,860 plus the unencumbered and unalloted balance as of June 30,	7246
2002, in appropriation item CAP-271, Horticulture/Entomology	7247
Greenhouse - OARDC.	7248

CENTER FOR AUTOMOTIVE RESEARCH

7249

The amount reappropriated for the foregoing appropriation	7250
item CAP-334, Center for Automotive Research, is $2,340 plus the	7251
unencumbered and unallotted balance as of June 30, 2002, in	7252
appropriation item CAP-334, Center or Automotive Research.	7253

MAINTENANCE, RECEIVING, AND STORAGE FACILITY - MARION

7254

The amount reappropriated for the foregoing appropriation	7255
item CAP-361, Maintenance, Receiving, and Storage Facility -	7256
Marion, is $9,951 plus the unencumbered and unalloted balance as	7257
of June 30, 2002, in appropriation item CAP-361, Maintenance,	7258
Receiving, Storage - Marion.	7259

CAMPUS GROUNDS LIGHTS

7260

The amount reappropriated for the foregoing appropriation	7261
item CAP-411, Campus Grounds-Lights Phase 4, is $280 plus the	7262
unencumbered and unallotted balance as of June 30, 2002, in	7263
appropriation item CAP-411, Campus Grounds Lights.	7264

OCARNET

7265

The amount reappropriated for the foregoing appropriation	7266
item CAP-421, OCARNET, is $4,104 plus the unencumbered and	7267
unallotted balance as of June 30, 2002, in appropriation item	7268
CAP-421, OCARNET.	7269

BIOPROCESSING RESEARCH

7270

The amount reappropriated for the foregoing appropriation	7271
item CAP-422, Bioprocessing Research, is $13,677 plus the	7272
unencumbered and unallotted balance as of June 30, 2002, in	7273
appropriation item CAP-422, Bioprocessing Research.	7274

CAPITAL EQUIPMENT - OARDC

7275

The amount reappropriated for the foregoing appropriation	7276
item CAP-428, Capital Equipment - OARDC, is $2,725 plus the	7277
unencumbered and unalloted balance as of June 30, 2002, in	7278
appropriation item CAP-428, Capital Equipment - OARDC.	7279

CAMPUS GROUNDS EXTERIOR LIGHTING

7280

The amount reappropriated for the foregoing appropriation	7281
item CAP-450, Campus Grounds Exterior Lighting, Phase 5, is $1,700	7282
plus the unencumbered and unallotted balance as of June 30, 2002,	7283
in appropriation item CAP-450, Campus Grounds Exterior Lighting.	7284

FONTANA LAB - CHILLER REPLACEMENT

7285

The amount reappropriated for the foregoing appropriation	7286
item CAP-504, Fontana Lab - Chiller Replacement, is $5,981 plus	7287
the unencumbered and unallotted balance as of June 30, 2002, in	7288
appropriation item CAP-504, Fontana Lab - Chiller Replacement.	7289

SUPERCOMPUTER CENTER EXPANSION

7290

The amount reappropriated for the foregoing appropriation	7291
item CAP-590, Supercomputer Center Expansion, is $508,599 plus the	7292
unencumbered and unalloted balance as of June 30, 2002, in	7293
appropriation item CAP-590, Supercomputer Center Expansion.	7294

Reappropriations

7295

Section 24.20. OHU OHIO UNIVERSITY

7296

BASIC RENOVATIONS

7346

The amount reappropriated for the foregoing appropriation	7347
item CAP-020, Basic Renovations, is $22,905 plus the unencumbered	7348
and unallotted balance as of June 30, 2002, in appropriation item	7349
CAP-020, Basic Renovations.	7350

MEMORIAL AUDITORIUM REHABILITATION

7351

The amount reappropriated for the foregoing appropriation	7352
item CAP-086, Memorial Auditorium Rehabilitation, is $3,977 plus	7353
the unencumbered and unallotted balance as of June 30, 2002, in	7354
appropriation item CAP-086, Memorial Auditorium Rehabilitation.	7355

BASIC RENOVATIONS - LANCASTER

7356

The amount reappropriated for the foregoing appropriation	7357
item CAP-098, Basic Renovations - Lancaster, is $280 plus the	7358
unencumbered and unallotted balance as of June 30, 2002, in	7359
appropriation item CAP-098, Basic Renovations - Lancaster.	7360

BASIC RENOVATIONS - ZANESVILLE

7361

The amount reappropriated for the foregoing appropriation	7362
item CAP-099, Basic Renovations - Zanesville, is $1,013 plus the	7363
unencumbered and unallotted balance as of June 30, 2002, in	7364
appropriation item CAP-099, Basic Renovations - Zanesville.	7365

RIDGES AUDITORIUM REHABILITATION

7366

The amount reappropriated for the foregoing appropriation	7367
item CAP-120, Ridges Auditorium Rehabilitation, is $474 plus the	7368
unencumbered and unallotted balance as of June 30, 2002, in	7369
appropriation item CAP-120, Ridges Auditorium Rehabilitation.	7370

GYMNASIUM DEVELOPMENT - EASTERN

7371

The amount reappropriated for the foregoing appropriation	7372
item CAP-136, Gymnasium Development - Eastern, is $1,267 plus the	7373
unencumbered and unallotted balance as of June 30, 2002, in	7374
appropriation item CAP-136, Gymnasium Development - Eastern.	7375

HEALTH PROFESSIONS LABS - PHASE I

7376

The amount reappropriated for the foregoing appropriation	7377
item CAP-142, Health Professions Labs Phase I, is $22,115 plus the	7378
unencumbered and unallotted balance as of June 30, 2002, in	7379
appropriation item CAP-142, Health Professions Labs.	7380

BRASEE HALL REHABILITATION - LANCASTER

7381

The amount reappropriated for the foregoing appropriation	7382
item CAP-155, Brasee Hall Rehabilitation - Lancaster, is $1,000	7383
plus the unencumbered and unallotted balance as of June 30, 2002,	7384
in appropriation item CAP-155, Brasee Hall Rehabilitation -	7385
Lancaster.	7386

CENTRAL CLASSROOM BUILDING

7387

The amount reappropriated for the foregoing appropriation	7388
item CAP-183, Central Classroom Building, is $7,414 plus the	7389
unencumbered and unallotted balance as of June 30, 2002, in	7390
appropriation item CAP-183, Central Classroom Building.	7391

UTILITIES TO SCRIPPS HALL

7392

The amount reappropriated for the foregoing appropriation	7393
item CAP-184, Utilities to Scripps Hall, is $211 plus the	7394
unencumbered and unallotted balance as of June 30, 2002, in	7395
appropriation item CAP-184, Utilities to Scripps Hall.	7396

ELLIS HALL PARTIAL RENOVATION

7397

The amount reappropriated for the foregoing appropriation	7398
item CAP-186, Ellis Hall Partial Renovation, is $17,181 plus the	7399
unencumbered and unallotted balance as of June 30, 2002, in	7400
appropriation item CAP-186, Ellis Hall Partial Renovation.	7401

Reappropriations

Section 24.21. SSC SHAWNEE STATE UNIVERSITY

7402

Reappropriations

Section 24.22. UTO UNIVERSITY OF TOLEDO

7421

Reappropriations

Section 24.23. WSU WRIGHT STATE UNIVERSITY

7448

BASIC RENOVATIONS

7470

The amount reappropriated for the foregoing appropriation	7471
item CAP-015, Basic Renovations, is $33,910 plus the unencumbered	7472
and unallotted balance as of June 30, 2002, in appropriation item	7473
CAP-015, Basic Renovations.	7474

LIBRARY ACCESS CONSOLIDATION SYSTEM

7475

The amount reappropriated for the foregoing appropriation	7476
item CAP-080, Library Access Consolidation System, is $2,911 plus	7477
the unencumbered and unallotted balance as of June 30, 2002, in	7478
appropriation item CAP-080, Library Access Consolidation System.	7479

Reappropriations

Section 24.24. YSU YOUNGSTOWN STATE UNIVERSITY

7480

BLISS HALL REHABILITATING

7501

The amount reappropriated for the foregoing appropriation	7502
item CAP-040, Bliss Hall Rehabilitation - Final Phase, is the sum	7503
of the unencumbered and unallotted balances as of June 30, 2002,	7504
in appropriation items CAP-040, Bliss Hall Rehabilitation, and	7505
CAP-115, Fedor Hall Rehabilitation.	7506

CAMPUS DEVELOPMENT

7507

The amount reappropriated for the foregoing appropriation	7508
item CAP-113, Campus Development, is the sum of the unencumbered	7509
and unallotted balances as of June 30, 2002, in appropriation	7510
items CAP-113, Campus Development, and CAP-027, Property	7511
Acquisitions/Street Closures.	7512

Reappropriations

Section 24.25. NEM NORTHEASTERN OHIO UNIVERSITIES COLLEGE OF	7513
MEDICINE	7514

Reappropriations

Section 24.26. MCO MEDICAL COLLEGE OF OHIO

7526

Reappropriations

Section 24.27. CWR UNIVERSITY HOSPITALS, CASE WESTERN RESERVE	7538
UNIVERSITY	7539

Reappropriations

Section 24.28. CTC CINCINNATI STATE TECHNICAL AND COMMUNITY	7556
COLLEGE	7557

Reappropriations

Section 24.29. CLT CLARK STATE COMMUNITY COLLEGE

7571

Reappropriations

Section 24.30. CTI COLUMBUS STATE COMMUNITY COLLEGE

7577

Reappropriations

Section 24.31. CCC CUYAHOGA COMMUNITY COLLEGE

7587

BASIC RENOVATIONS

7601

The amont reappropriated for the foregoing appropriation item	7602
CAP-031, Basic Renovations, is the sum of the unencumbered and	7603
unallotted balances as of June 30, 2002, in appropriation items	7604
CAP-031, Basic Renovations; CAP-028, Adult Technical Education	7605
Facility; CAP-049, Exterior Building Renovations - Metro/East;	7606
CAP-052, S & T Asbestos Abatement - Metro; CAP-054, Ceiling	7607
Renovation/Damper Replacement - West; CAP-059, Electric	7608
Switchgear/Transformer - Metro; CAP-065, Exterior Lighting/Site	7609
Improvement - Eastern; CAP-067, Plant Ops/Vehicle Maint/Storage -	7610
Phase I; and CAP-072, Exterior Lighting Enhancements.	7611

Reappropriations

Section 24.32. ESC EDISON STATE COMMUNITY COLLEGE

7612

Reappropriations

Section 24.33. JTC JEFFERSON COMMUNITY COLLEGE

7621

Reappropriations

Section 24.34. LCC LAKELAND COMMUNITY COLLEGE

7632

Reappropriations

Section 24.35. LOR LORAIN COMMUNITY COLLEGE

7641

Reappropriations

Section 24.36. NTC NORTHWEST STATE COMMUNITY COLLEGE

7645

Reappropriations

Section 24.37. OTC OWENS COMMUNITY COLLEGE

7653

Reappropriations

Section 24.38. RGC RIO GRANDE COMMUNITY COLLEGE

7660

Reappropriations

Section 24.39. SCC SINCLAIR COMMUNITY COLLEGE

7667

Reappropriations

Section 24.40. SOC SOUTHERN STATE COMMUNITY COLLEGE

7675

Reappropriations

Section 24.41. TTC TERRA STATE COMMUNITY COLLEGE

7681

Reappropriations

Section 24.42. WTC WASHINGTON STATE COMMUNITY COLLEGE

7686

Reappropriations

Section 24.43. BTC BELMONT TECHNICAL COLLEGE

7693

Reappropriations

Section 24.44. COT CENTRAL OHIO TECHNICAL COLLEGE

7699

Reappropriations

Section 24.45. HTC HOCKING TECHNICAL COLLEGE

7703

Reappropriations

Section 24.46. LTC LIMA TECHNICAL COLLEGE

7711

Reappropriations

Section 24.47. MAT MUSKINGUM AREA TECHNICAL COLLEGE

7720

BASIC RENOVATIONS

7724

The amount reappropriated for the foregoing appropriation	7725
item CAP-007, Basic Renovations, is $4,780 plus the unencumbered	7726
and unallotted balance as of June 30, 2002, in appropriation item	7727
CAP-007, Basic Renovations.	7728

Reappropriations

Section 24.48. MTC MARION TECHNICAL COLLEGE

7729

Reappropriations

Section 24.49. NCC NORTH CENTRAL TECHNICAL COLLEGE

7733

FALLERIUS CENTER REHABILITATION

7741

The amount reappropriated for the foregoing appropriation	7742
item CAP-018, Fallerius Center Rehabilitation, is $95,000 plus the	7743
unencumbered and unallotted balance as of June 30, 2002, in	7744
appropriation item CAP-018, Fallerius Center Rehabilitation.	7745

Reappropriations

Section 24.50. STC STARK TECHNICAL COLLEGE

7746

Section 24.51. The foregoing capital improvements for which	7756
appropriations are made from the Higher Education Improvement Fund	7757
(Fund 034) are determined to be capital improvements and capital	7758
facilities for state-supported or state-assisted institutions of	7759
higher education and are designated as the capital facilities to	7760
which proceeds of obligations in the Higher Education Improvement	7761
Fund, created by section 154.21 of the Revised Code, are to be	7762
applied.	7763

Section 24.52. For all of the foregoing appropriation items	7764
from the Higher Education Improvement Fund (Fund 034) that require	7765
local funds to be contributed by any state-supported or	7766
state-assisted institution of higher education, the Board of	7767
Regents shall not recommend that any funds be released until the	7768
recipient institution demonstrates to the Board of Regents and the	7769
Office of Budget and Management that the local funds contribution	7770
requirement has been secured or satisfied. The local funds shall	7771
be in addition to the foregoing appropriations.	7772

Section 24.53. None of the foregoing capital improvements	7773
appropriations for state-supported or state-assisted institutions	7774
of higher education shall be expended until the particular	7775
appropriation has been recommended for release by the Board of	7776
Regents and released by the Director of Budget and Management or	7777
the Controlling Board. Either the institution concerned, or the	7778
Board of Regents with the concurrence of the institution	7779
concerned, may initiate the request to the Director of Budget and	7780
Management or the Controlling Board for the release of the	7781
particular appropriations.	7782

Section 24.54. (A) No capital improvement appropriations made	7783
in Sections 24.02 to 24.56 of this act shall be released for	7784
planning or for improvement, renovation, construction, or	7785
acquisition of capital facilities if the institution of higher	7786
education or the state does not own the real property on which the	7787
capital facilities are or will be located. This restriction does	7788
not apply in any of the following circumstances:	7789

(1) The institution has a long-term (at least fifteen years)	7790
lease of, or other interest (such as an easement) in, the real	7791
property.	7792

(2) The Board of Regents certifies to the Controlling Board	7793
that undue delay will occur if planning does not proceed while the	7794
property or property interest acquisition process continues. In	7795
this case, funds may be released upon approval of the Controlling	7796
Board to pay for planning through the development of schematic	7797
drawings only.	7798

(3) In the case of an appropriation for capital facilities	7799
that, because of their unique nature or location, will be owned or	7800
will be part of facilities owned by a separate nonprofit	7801
organization or public body and will be made available to the	7802
institution of higher education for its use, the nonprofit	7803
organization or public body either owns or has a long-term (at	7804
least fifteen years) lease of the real property or other capital	7805
facility to be improved, renovated, constructed, or acquired and	7806
has entered into a joint or cooperative use agreement, approved by	7807
the Board of Regents, with the institution of higher education	7808
that meets the requirements of division (C) of this section.	7809

(B) Any foregoing appropriations which require cooperation	7810
between a technical college and a branch campus of a university	7811
may be released by the Controlling Board upon recommendation by	7812
the Board of Regents that the facilities proposed by the	7813
institutions are:	7814

(1) The result of a joint planning effort by the university	7815
and the technical college, satisfactory to the Board of Regents;	7816

(2) Facilities that will meet the needs of the region in	7817
terms of technical and general education, taking into	7818
consideration the totality of facilities which will be available	7819
after the completion of these projects;	7820

(3) Planned to permit maximum joint use by the university and	7821
technical college of the totality of facilities which will be	7822
available upon their completion;	7823

(4) To be located on or adjacent to the branch campus of the	7824
university.	7825

(C) The Board of Regents shall adopt rules regarding the	7826
release of moneys from all the foregoing appropriations for	7827
capital facilities for all state-supported or state-assisted	7828
institutions of higher education. In the case of capital	7829
facilities referred to in division (A)(3) of this section, the	7830
joint or cooperative use agreements shall include, as a minimum,	7831
provisions that:	7832

(1) Specify the extent and nature of that joint or	7833
cooperative use, extending for not fewer than fifteen years, with	7834
the value of such use or right to use to be, as determined by the	7835
parties and approved by the Board of Regents, reasonably related	7836
to the amount of the appropriations;	7837

(2) Provide for pro rata reimbursement to the state should	7838
the arrangement for joint or cooperative use be terminated;	7839

(3) Provide that procedures to be followed during the capital	7840
improvement process will comply with appropriate applicable state	7841
laws and rules, including provisions of this act;	7842

(4) Provide for payment or reimbursement to the institution	7843
of its administrative costs incurred as a result of the facilities	7844
project, not to exceed 1.5 per cent of the appropriated amount.	7845

(D) Upon the recommendation of the Board of Regents, the	7846
Controlling Board may approve the transfer of appropriations for	7847
projects requiring cooperation between institutions from one	7848
institution to another institution, with the approval of both	7849
institutions.	7850

(E) Notwithstanding section 127.14 of the Revised Code, the	7851
Controlling Board, upon the recommendation of the Board of	7852
Regents, may transfer amounts appropriated to the Board of Regents	7853
to accounts of state-supported or state-assisted institutions	7854
created for that same purpose.	7855

Section 24.55. The requirements of Chapters 123. and 153. of	7856
the Revised Code, with respect to the powers and duties of the	7857
Director of Administrative Services in the procedure for and award	7858
of contracts for capital improvement projects, and the	7859
requirements of section 127.16 of the Revised Code, with respect	7860
to the Controlling Board, do not apply to projects of community	7861
college districts and technical college districts.	7862

Section 24.56. Those institutions locally administering	7863
capital improvement projects pursuant to section 3345.50 of the	7864
Revised Code may:	7865

(A) Establish charges for recovering costs directly related	7866
to project administration as defined by the Director of	7867
Administrative Services. The Department of Administrative	7868
Services shall review and approve these administrative charges	7869
when such charges are in excess of 1.5 per cent of the total	7870
construction budget.	7871

(B) Seek reimbursement from state capital appropriations to	7872
the institution for the in-house design services performed by the	7873
institution for such capital projects. Acceptable charges shall	7874
be limited to design document preparation work that is done by the	7875
institution. These reimbursable design costs shall be shown as	7876
"A/E fees" within the project's budget that is submitted to the	7877
Controlling Board or the Director of Budget and Management as part	7878
of a request for release of funds. The reimbursement for in-house	7879
design may not exceed seven per cent of the estimated construction	7880
cost.	7881

Section 25.  All items set forth in this section are hereby	7882
appropriated out of any moneys in the state treasury to the credit	7883
of the Parks and Recreation Improvement Fund (Fund 035) and	7884
derived from the proceeds of obligations heretofore authorized to	7885
pay costs of capital facilities, as defined in section 154.01 of	7886
the Revised Code, for parks and recreation.	7887

Reappropriations

DNR DEPARTMENT OF NATURAL RESOURCES

7888

LOCAL PARKS PROJECTS

7927

The following projects shall be funded from the foregoing	7928
reappropriation item CAP-748, Local Parks Projects: $500,000 for	7929
Erie Metro Parks Land Acquisition; $40,000 for Grove City Fryer	7930
Park Improvements; $12,500 for Big Prairie/Lakeville Park	7931
Improvements; $25,000 for Holmes County Park Improvements; $25,000	7932
for Stockport Village Park Improvements; $50,000 for Silver Park	7933
Improvements, $6,500 for Crossroads Park Improvements; $38,000 for	7934
Wauseon Park Land Acquisition; $150,000 for Black Swamp Land	7935
Acquisition; $75,000 for the Walbridge Parks Improvements; and	7936
$100,000 by the West Creek Preservation Committee for a West Creek	7937
Watershed Project.	7938

SCIOTO RIVERFRONT IMPROVEMENTS

7939

Of the foregoing reappropriation item CAP-787, Scioto	7940
Riverfront Improvements, $7,750,000 shall be used for Spring and	7941
Long Park.	7942

STATEWIDE TRAILS PROGRAM

7943

Of the foregoing reappropriation item CAP-876, Statewide	7944
Trails Program, $50,000 shall be used for the Lake to River	7945
Greenway Bike Path in Trumbull County.	7946

FEDERAL REIMBURSEMENT

7947

All reimbursements received from the federal government for	7948
any expenditures made pursuant to this section shall be deposited	7949
in the state treasury to the credit of the Parks and Recreation	7950
Improvement Fund.	7951

Section 25.01. The foregoing capital improvements for which	7952
appropriations are made from the Parks and Recreation Improvement	7953
Fund (Fund 035) are determined to be capital improvements and	7954
capital facilities for parks and recreation and are designated as	7955
the capital facilities to which proceeds of obligations in the	7956
Parks and Recreation Improvement Fund, created by section 154.22	7957
of the Revised Code, are to be applied.	7958

Section 25.02. (A) No capital improvement appropriations made	7959
in Section 25 of this act shall be released for planning or for	7960
improvement, renovation, construction, or acquisition of capital	7961
facilities if a governmental agency, as defined in section 154.01	7962
of the Revised Code, does not own the real property that	7963
constitutes the capital facilities or on which the capital	7964
facilities are or will be located. This restriction does not apply	7965
in any of the following circumstances:	7966

(1) The governmental agency has a long-term (at least fifteen	7967
years) lease of, or other interest (such as an easement) in, the	7968
real property.	7969

(2) In the case of an appropriation for capital facilities	7970
for parks and recreation that, because of their unique nature or	7971
location, will be owned or be part of facilities owned by a	7972
separate nonprofit organization and made available to the	7973
governmental agency for its use or operated by the nonprofit	7974
organization under contract with the governmental agency, the	7975
nonprofit organization either owns or has a long-term (at least	7976
fifteen years) lease of the real property or other capital	7977
facility to be improved, renovated, constructed, or acquired and	7978
has entered into a joint or cooperative use agreement, approved by	7979
the Department of Natural Resources, with the governmental agency	7980
for that agency's use of and right to use the capital facilities	7981
to be financed and, if applicable, improved, the value of such use	7982
or right to use being, as determined by the parties, reasonably	7983
related to the amount of the appropriation.	7984

(B) In the case of capital facilities referred to in division	7985
(A)(2) of this section, the joint or cooperative use agreement	7986
shall include, as a minimum, provisions that:	7987

(1) Specify the extent and nature of that joint or	7988
cooperative use, extending for not fewer than fifteen years, with	7989
the value of such use or right to use to be, as determined by the	7990
parties and approved by the applicable department, reasonably	7991
related to the amount of the appropriation;	7992

(2) Provide for pro rata reimbursement to the state should	7993
the arrangement for joint or cooperative use by a governmental	7994
agency be terminated; and	7995

(3) Provide that procedures to be followed during the capital	7996
improvement process will comply with appropriate applicable state	7997
laws and rules, including provisions of this act.	7998

Section 26. All items set forth in this section are hereby	7999
appropriated out of any moneys in the state treasury to the credit	8000
of the State Capital Improvements Fund (Fund 038) and derived from	8001
the proceeds of obligations heretofore authorized to pay costs of	8002
capital facilities, as defined in sections 151.01 and 151.08 of	8003
the Revised Code, for local infrastructure purposes.	8004

Reappropriations

PWC PUBLIC WORKS COMMISSION

8005

Ohio Small Government Capital Improvement Commission

8006

The appropriations in this section shall be used in	8032
accordance with sections 164.01 to 164.12 of the Revised Code. All	8033
expenditures made from these appropriations shall be approved by	8034
the Director of the Public Works Commission. The Director of the	8035
Public Works Commission shall not allocate funds in amounts	8036
greater than those amounts appropriated by the General Assembly.	8037

Section 27.  All items set forth in this section are hereby	8038
appropriated out of any moneys in the state treasury to the credit	8039
of the State Capital Improvements Revolving Loan Fund (Fund 040)	8040
and derived from repayments of loans made to local subdivisions	8041
for capital improvements, investment earnings on moneys in the	8042
fund, and moneys obtained from federal or private grants or from	8043
other sources for the purpose of making loans for the purpose of	8044
financing or assisting in the financing of the cost of capital	8045
improvement projects of local subdivisions.	8046

Reappropriations

PWC PUBLIC WORKS COMMISSION

8047

The appropriations in this section shall be used in	8073
accordance with sections 164.01 to 164.12 of the Revised Code. All	8074
expenditures made from these appropriations shall be approved by	8075
the Director of the Public Works Commission. The Director of the	8076
Public Works Commission shall not allocate funds in amounts	8077
greater than those amounts appropriated by the General Assembly.	8078

Section 28.  All items set forth in this section are hereby	8079
appropriated out of any moneys in the state treasury to the credit	8080
of the Clean Ohio Conservation Fund (Fund 056) and derived from	8081
the proceeds of obligations heretofore authorized to pay the costs	8082
of capital facilities or projects, as defined in sections 151.01	8083
and 151.09 of the Revised Code, for conservation purposes:	8084

Reappropriations

PWC PUBLIC WORKS COMMISSION

8085

Section 29. All items set forth in this section are hereby	8090
appropriated out of any moneys in the state treasury to the credit	8091
of the Clean Ohio Agricultural Easement Fund (Fund 057) and	8092
derived from the proceeds of obligations heretofore authorized to	8093
pay the costs of capital facilities or projects, as defined in	8094
sections 151.01 and 151.09 of the Revised Code, for conservation	8095
purposes:	8096

Reappropriations

AGR DEPARTMENT OF AGRICULTURE

8097

AGRICULTURAL EASEMENT PURCHASE

8101

The foregoing appropriation item CAP-047, Clean Ohio	8102
Agricultural Easement Fund, shall be used in accordance with	8103
sections 901.21, 901.22, and 5301.67 to 5301.70 of the Revised	8104
Code.	8105

Section 30. All items set forth in this section are hereby	8106
appropriated out of any moneys in the state treasury to the credit	8107
of the Clean Ohio Trail Fund (Fund 061) and derived from the	8108
proceeds of obligations heretofore authorized to pay the costs of	8109
capital facilities or projects, as defined in sections 151.01 and	8110
151.09 of the Revised Code, for conservation purposes:	8111

DNR DEPARTMENT OF NATURAL RESOURCES	8112

Reappropriations

Section 31. All items set forth in this section are hereby	8117
appropriated out of any moneys in the state treasury to the credit	8118
of the Administrative Building Fund (Fund 026) and derived from	8119
the proceeds of obligations heretofore authorized to pay the costs	8120
of capital facilities, as defined in section 152.09 of the Revised	8121
Code, for the following capital improvements:	8122

Appropriations

OVH VETERANS' HOME	8123

Section 32. All items set forth in this section are hereby	8127
appropriated out of any moneys in the state treasury to the credit	8128
of the State Capital Improvements Fund (Fund 038) and derived from	8129
the proceeds of obligations heretofore and herein authorized to	8130
pay costs of capital facilities as defined in sections 151.01 and	8131
151.08 of the Revised Code for local infrastructure purposes.	8132

Appropriations

PWC PUBLIC WORKS COMMISSION

8133

The foregoing appropriation item CAP-150, Local Public	8137
Infrastructure, shall be used in accordance with sections 164.01	8138
to 164.12 of the Revised Code. The Director of the Public Works	8139
Commission may certify to the Director of Budget and Management	8140
that a need exists to appropriate investment earnings to be used	8141
in accordance with sections 164.01 to 164.12 of the Revised Code.	8142
If the Director of Budget and Management determines pursuant to	8143
division (D) of section 164.08 and section 164.12 of the Revised	8144
Code that investment earnings are available to support additional	8145
appropriations, such amounts are hereby appropriated.	8146

Section 33.  The Treasurer of State is hereby authorized	8147
pursuant to section 164.09 of the Revised Code to issue and sell,	8148
in accordance with Section 2m of Article VIII, Ohio Constitution,	8149
and sections 164.01 to 164.12 of the Revised Code, original	8150
obligations of the State of Ohio, in an aggregate principal amount	8151
not to exceed $240,000,000, in addition to the original	8152
obligations heretofore authorized by prior acts of the General	8153
Assembly. These authorized obligations shall be issued and sold	8154
from time to time and in amounts necessary to ensure sufficient	8155
moneys to the credit of the State Capital Improvements Fund (Fund	8156
038) to pay costs charged to that fund, as estimated by the	8157
Director of Budget and Management.	8158

Section 34.  All items set forth in this section are hereby	8159
appropriated out of any moneys in the state treasury to the credit	8160
of the State Capital Improvements Revolving Loan Fund (Fund 040).	8161
Revenues to the State Capital Improvements Revolving Loan Fund	8162
shall consist of all repayments of loans made to local	8163
subdivisions for capital improvements, investment earnings on	8164
moneys in the fund, and moneys obtained from federal or private	8165
grants or from other sources for the purpose of making loans for	8166
the purpose of financing or assisting in the financing of the cost	8167
of capital improvement projects of local subdivisions.	8168

PWC PUBLIC WORKS COMMISSION

8169

Appropriations

The foregoing appropriation item CAP-151, Revolving Loan,	8174
shall be used in accordance with sections 164.01 to 164.12 of the	8175
Revised Code.	8176

Section 35. CERTIFICATION OF AVAILABILITY OF MONEYS

8177

No moneys that require release shall be expended from any	8178
appropriation contained in this act without certification of the	8179
Director of Budget and Management that there are sufficient moneys	8180
in the state treasury in the fund from which the appropriation is	8181
made. Such certification made by the Office of Budget and	8182
Management shall be based on estimates of revenue, receipts, and	8183
expenses. Nothing herein shall be construed as a limitation on	8184
the authority of the Director of Budget and Management as granted	8185
in section 126.07 of the Revised Code.	8186

Section 36.  The appropriations made in this act, excluding	8187
those made to the State Capital Improvement Fund (Fund 038) and	8188
the State Capital Improvements Revolving Loan Fund (Fund 040) for	8189
buildings or structures, including remodeling and renovations, are	8190
limited to:	8191

(A) Acquisition of real property or interest in real	8192
property;	8193

(B) Buildings and structures, which includes construction,	8194
demolition, complete heating, lighting, and lighting fixtures, and	8195
all necessary utilities, ventilating, plumbing, sprinkling, and	8196
sewer systems, when such systems are authorized or necessary;	8197

(C) Architectural, engineering, and professional services	8198
expenses directly related to the projects;	8199

(D) Machinery that is a part of structures at the time of	8200
initial acquisition or construction;	8201

(E) Acquisition, development, and deployment of new computer	8202
systems, including the redevelopment or integration of existing	8203
and new computer systems, but excluding regular or ongoing	8204
maintenance or support agreements;	8205

(F) Equipment that meets all the following criteria:

8206

(1) The equipment is essential in bringing the facility up	8207
to its intended use.	8208

(2) The unit cost of the equipment, and not the individual	8209
parts of a unit, is about $100 or more.	8210

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

8211

(4) The equipment is necessary for the functioning of a	8212
particular facility.	8213

(5) The equipment will be used primarily in the rooms or	8214
areas covered in the project.	8215

No equipment shall be paid for from these appropriations that	8216
is not an integral part of or directly related to the basic	8217
purpose or function of a project for which moneys are	8218
appropriated.	8219

Section 37.  Any request for release of capital	8220
appropriations by the Director of Budget and Management or the	8221
Controlling Board of capital appropriations for projects, the	8222
contracts for which are awarded by the Department of	8223
Administrative Services, shall contain a contingency reserve, the	8224
amount of which shall be determined by the Department of	8225
Administrative Services, for payment of unanticipated project	8226
expenses. Any amount deducted from the encumbrance for a	8227
contractor's contract as an assessment for liquidated damages	8228
shall be added to the encumbrance for the contingency reserve.	8229
Contingency reserve funds shall be used to pay costs resulting	8230
from unanticipated job conditions, to comply with rulings	8231
regarding building and other codes, to pay costs related to errors	8232
or omissions in contract documents, to pay costs associated with	8233
changes in the scope of work, and to pay the cost of settlements	8234
and judgments related to the project.	8235

Upon completion of a project, should any funds remain, such	8236
remaining funds may, upon approval of the Controlling Board, be	8237
released for the use of the institution to which the appropriation	8238
was made for another capital facilities project or projects.	8239

Section 38. AGENCY ADMINISTRATION OF CAPITAL FACILITIES	8240
PROJECTS	8241

Notwithstanding sections 123.01 and 123.15 of the Revised	8242
Code, the Director of Administrative Services may authorize the	8243
Departments of Mental Health, Mental Retardation and Developmental	8244
Disabilities, Alcohol and Drug Addiction Services, Agriculture,	8245
Jobs and Family Services, Rehabilitation and Correction, Youth	8246
Services, Public Safety, and Transportation, the Ohio Veterans'	8247
Home, and the Rehabilitation Services Commission to administer any	8248
capital facilities projects when the estimated cost, including	8249
design fees, construction, equipment, and contingency amounts, is	8250
less than $1,500,000. Requests for authorization to administer	8251
capital facilities projects shall be made in writing to the	8252
Director of Administrative Services by the respective state agency	8253
within sixty days after the effective date of the act in which the	8254
General Assembly initially makes an appropriation for the project.	8255

The director of a state agency authorized by the Director of	8256
Administrative Services to administer capital facilities projects	8257
pursuant to this section shall comply with the procedures and	8258
guidelines established in Chapter 153. of the Revised Code. Upon	8259
the release of funds for such projects by the Controlling Board or	8260
the Director of Budget and Management, the agency may administer	8261
the capital project without the supervision, control, or approval	8262
of the Director of Administrative Services.	8263

Section 39. SATISFACTION OF JUDGMENTS AND SETTLEMENTS AGAINST	8264
THE STATE	8265

Except as otherwise provided in this section, an	8266
appropriation contained in this act or any other act may be used	8267
for the purpose of satisfying judgments, settlements, or	8268
administrative awards ordered or approved by the Court of Claims	8269
or by any other court of competent jurisdiction in connection with	8270
civil actions against the state. This authorization shall not	8271
apply to appropriations to be applied to or used for payment of	8272
guarantees by or on behalf of the state or for payments under	8273
lease agreements relating to or debt service on bonds, notes, or	8274
other obligations of the state. Notwithstanding any other section	8275
of law to the contrary, this authorization includes appropriations	8276
from funds into which proceeds or direct obligations of the state	8277
are deposited only to the extent that the judgment, settlement, or	8278
administrative award is for or represents capital costs for which	8279
the appropriation may otherwise be used and is consistent with the	8280
purpose for which any related bonds were issued. Nothing contained	8281
in this section is intended to subject the state to suit in any	8282
forum in which it is not otherwise subject to suit, or is it	8283
intended to waive or compromise any defense or right available to	8284
the state in any suit against it.	8285

Section 40. Notwithstanding section 126.14 of the Revised	8286
Code, appropriations for appropriation items CAP-002, Local Jails,	8287
and CAP-003, Community-Based Correctional Facilities, appropriated	8288
from the Adult Correctional Building Fund (Fund 027) to the	8289
Department of Rehabilitation and Correction shall be released upon	8290
the written approval of the Director of Budget and Management. The	8291
appropriations from the Public School Building Fund (Fund 021),	8292
the Education Facilities Trust Fund (Fund N87), and the School	8293
Building Program Assistance Fund (Fund 032) to the School	8294
Facilities Commission, from the Transportation Building Fund	8295
(Fund 029) to the Department of Transportation, from the Clean	8296
Ohio Conservation Fund (Fund 056) to the Public Works Commission,	8297
and appropriations from the State Capital Improvement Fund (Fund	8298
038) and the State Capital Improvements Revolving Loan Fund (Fund	8299
040) to the Public Works Commission shall be released upon	8300
presentation of a request to release the funds, by the agency to	8301
which the appropriation has been made, to the Director of Budget	8302
and Management.	8303

Section 41.  Except as provided in section 4115.04 of the	8304
Revised Code, no moneys appropriated or reappropriated by the	8305
124th General Assembly shall be used for the construction of	8306
public improvements, as defined in section 4115.03 of the Revised	8307
Code, unless the mechanics, laborers, or workers engaged therein	8308
are paid the prevailing rate of wages as prescribed in section	8309
4115.04 of the Revised Code. Nothing in this section shall affect	8310
the wages and salaries established for state employees under the	8311
provisions of Chapter 124. of the Revised Code, or collective	8312
bargaining agreements entered into by the state pursuant to	8313
Chapter 4117. of the Revised Code, while engaged on force account	8314
work, nor shall this section interfere with the use of inmate and	8315
patient labor by the state.	8316

Section 42. CAPITAL FACILITIES LEASES

8317

Capital facilities for which appropriations are made from the	8318
Administrative Building Fund (Fund 026), the Adult Correctional	8319
Building Fund (Fund 027), the Juvenile Correctional Building Fund	8320
(Fund 028), and the Arts Facilities Building Fund (Fund 030) may	8321
be leased by the Ohio Building Authority to the Department of	8322
Youth Services, the Arts and Sports Facilities Commission, the	8323
Department of Administrative Services, and the Department of	8324
Rehabilitation and Correction, and other agreements may be made by	8325
the Ohio Building Authority and the departments with respect to	8326
the use or purchase of such capital facilities, or subject to the	8327
approval of the director of the department or the commission, the	8328
Ohio Building Authority may lease such capital facilities to, and	8329
make other agreements with respect to the use or purchase thereof	8330
with, any governmental agency or nonprofit corporation having	8331
authority under law to own, lease, or operate such capital	8332
facilities. The director of the department or the commission may	8333
sublease such capital facilities to, and make other agreements	8334
with respect to the use or purchase thereof with, any such	8335
governmental agency or nonprofit corporation, which may include	8336
provisions for transmittal of receipts of that agency or nonprofit	8337
corporation of any charges for the use of such facilities, all	8338
upon such terms and conditions as the parties may agree upon and	8339
any other provision of law affecting the leasing, acquisition, or	8340
disposition of capital facilities by such parties.	8341

Section 43.  The Director of Budget and Management shall	8342
authorize both of the following:	8343

(A) The initial release of moneys for projects from the	8344
funds into which proceeds of direct obligations of the state are	8345
deposited.	8346

(B) The expenditure or encumbrance of moneys from funds into	8347
which proceeds of direct obligations are deposited, only after	8348
determining to the director's satisfaction that either of the	8349
following apply:	8350

(1) The application of such moneys to the particular project	8351
will not negatively affect any exemption or exclusion from federal	8352
income tax of the interest or interest equivalent on obligations,	8353
issued to provide moneys to the particular fund.	8354

(2) Moneys for the project will come from the proceeds of	8355
obligations, the interest on which is not so excluded or exempt	8356
and which have been authorized as "taxable obligations" by the	8357
issuing authority.	8358

The director shall report any nonrelease of moneys pursuant	8359
to this section to the Governor, the presiding officer of each	8360
house of the General Assembly, and the agency for the use of which	8361
the project is intended.	8362

Section 44. SCHOOL FACILITIES ENCUMBRANCES AND	8363
REAPPROPRIATION	8364

At the request of the Executive Director of the Ohio School	8365
Facilities Commission, the Director of Budget and Management may	8366
cancel encumbrances for school district projects from a previous	8367
biennium if the district has not raised its local share of project	8368
costs within one year of receiving Controlling Board approval in	8369
accordance with section 3318.05 of the Revised Code. The Executive	8370
Director of the Ohio School Facilities Commission shall certify	8371
the amounts of these canceled encumbrances to the Director of	8372
Budget and Management on a quarterly basis. The amounts of the	8373
canceled encumbrances are hereby appropriated.	8374

Section 45. REAPPROPRIATION OF UNEXPENDED ENCUMBERED BALANCES	8375
OF CAPITAL APPROPRIATIONS	8376

(A) An unexpended balance of a capital appropriation or	8377
reappropriation that a state agency has lawfully encumbered prior	8378
to the close of a capital biennium is hereby reappropriated for	8379
the following capital biennium from the fund from which it was	8380
originally appropriated or was reappropriated and shall be used	8381
only for the purpose of discharging the encumbrance in the	8382
following capital biennium. For those encumbered appropriations or	8383
reappropriations, any Controlling Board approval previously	8384
granted and referenced by the encumbering document remains in	8385
effect until the encumbrance is discharged in the following	8386
capital biennium or until the encumbrance expires at the end of	8387
the following capital biennium.	8388

(B) At the end of the reappropriation period provided for by	8389
division (A) of this section, an unexpended balance of a capital	8390
appropriation or reappropriation that remains encumbered at the	8391
end of that period is hereby reappropriated for the next capital	8392
biennium from the fund from which it was originally appropriated	8393
or was reappropriated and shall be used only for the purpose of	8394
discharging the encumbrance in the next capital biennium. For	8395
those encumbered appropriations or reappropriations, any	8396
Controlling Board approval previously granted and referenced by	8397
the encumbering document remains in effect until the encumbrance	8398
is discharged in the next capital biennium or until the	8399
encumbrance expires at the end of the next capital biennium.	8400

(C) At the end of the reappropriation period provided for by	8401
division (B) of this section, a reappropriation made pursuant to	8402
division (B) of this section shall lapse, and the encumbrance	8403
shall expire.	8404

(D) If an encumbrance expired pursuant to division (C) of	8405
this section, the Director of Budget and Management may	8406
re-establish the encumbrance as provided in this division. If a	8407
reappropriation for a project is made by the General Assembly for	8408
the biennium immediately following the biennium in which an	8409
encumbrance for that project expired, the Director of Budget and	8410
Management may re-establish the encumbrance in an amount not to	8411
exceed the amount of the expired encumbrance, in the name of the	8412
contractor named in the expired encumbrance, and for the same	8413
purpose specified in the expired encumbrance. The encumbrance	8414
shall be charged against the reappropriation for the project. The	8415
amount re-encumbered shall be used only for the purpose of	8416
discharging the encumbrance in the capital biennium for which the	8417
reappropriation was made. For those re-encumbered	8418
reappropriations, any Controlling Board approval previously	8419
granted and referenced by the expired encumbering document remains	8420
in effect until the encumbrance is discharged or expires at the	8421
end of the capital biennium for which the reappropriation was	8422
made. If any portion of the amount re-encumbered by the Director	8423
of Budget and Management under this division is not expended prior	8424
to the close of the capital biennium for which the reappropriation	8425
was made, that amount is hereby reappropriated for the following	8426
capital biennium as provided for in division (A) of this section	8427
and subject to the provisions of division (A) of this section.	8428

Section 46.  Capital reappropriations in this act that have	8429
been released by the Controlling Board or the Director of Budget	8430
and Management between June 30, 2000, and July 1, 2002, do not	8431
require further approval or release prior to being encumbered.	8432
Funds reappropriated in excess of such prior releases shall be	8433
released in accordance with applicable provisions of this act.	8434

Section 47.  Unless otherwise specified, the reappropriations	8435
made in this act represent the unencumbered and unallotted	8436
balances of prior years' capital improvements appropriations	8437
estimated to be available on June 30, 2002. The actual balances	8438
on June 30, 2002, for the appropriation items in this act are	8439
hereby reappropriated. Additionally, there is hereby	8440
reappropriated the unencumbered and unallotted balances on June	8441
30, 2002, of any appropriation items either reappropriated in	8442
Sub. S.B. 245 of the 123rd General Assembly or appropriated in	8443
Sub. H.B. 640 of the 123rd General Assembly, or created by the	8444
Controlling Board pursuant to section 127.15 of the Revised Code	8445
from appropriation items in Sub. S.B. 245 and Am. Sub. H.B. 640,	8446
both of the 123rd General Assembly, and this act, if the Director	8447
of Budget and Management determines that such balances are needed	8448
to complete the projects for which they were reappropriated or	8449
appropriated. The appropriation items and amounts that are	8450
reappropriated by this act shall be reported to the Controlling	8451
Board within 30 days after the effective date of this section.	8452

Section 48.  No appropriation for a health care facility	8453
authorized under this act may be released until the requirements	8454
of sections 3702.51 to 3702.68 of the Revised Code have been met.	8455

Section 49.  All proceeds received by the state as a result	8456
of litigation, judgments, settlements, or claims, filed by or on	8457
behalf of any state agency as defined by section 1.60 of the	8458
Revised Code or state-supported or state-assisted institution of	8459
higher education, for damages or costs resulting from the use,	8460
removal, or hazard abatement of asbestos materials shall be	8461
deposited in the Asbestos Abatement Distribution Fund (Fund 674).	8462
All funds deposited into the Asbestos Abatement Distribution Fund	8463
are hereby appropriated to the Attorney General. To the extent	8464
practicable, the proceeds placed in the Asbestos Abatement	8465
Distribution Fund shall be divided among the state agencies and	8466
state-supported or state-assisted institutions of higher education	8467
in accordance with the general provisions of the litigation	8468
regarding the percentage of recovery. Distribution of the	8469
proceeds to each state agency or state-supported or state-assisted	8470
institution of higher education shall be made in accordance with	8471
the Asbestos Abatement Distribution Plan to be developed by the	8472
Attorney General, the Division of Public Works within the	8473
Department of Administrative Services, and the Office of Budget	8474
and Management.	8475

In those circumstances where asbestos litigation proceeds are	8476
for reimbursement of expenditures made with funds outside the	8477
state treasury or damages to buildings not constructed with state	8478
appropriations, direct payments shall be made to the affected	8479
institutions of higher education. Any proceeds received for	8480
reimbursement of expenditures made with funds within the state	8481
treasury or damages to buildings occupied by state agencies shall	8482
be distributed to the affected agencies with an intrastate	8483
transfer voucher to the funds identified in the Asbestos Abatement	8484
Distribution Plan.	8485

Such proceeds shall be used for additional asbestos abatement	8486
or encapsulation projects, or for other capital improvements,	8487
except that proceeds distributed to the General Revenue Fund and	8488
other funds that are not bond improvement funds may be used for	8489
any purpose. The Controlling Board may, for bond improvement	8490
funds, create appropriation items or increase appropriation	8491
authority in existing appropriation items equaling the amount of	8492
such proceeds. Such amounts approved by the Controlling Board are	8493
hereby appropriated. Such proceeds deposited in bond improvement	8494
funds shall not be expended until released by the Controlling	8495
Board, which shall require certification by the Director of Budget	8496
and Management that such proceeds are sufficient and available to	8497
fund the additional anticipated expenditures.	8498

Section 50.  The capital improvements for which	8499
appropriations are made in this act from Sports Facilities	8500
Building Fund, (Fund 024), the Highway Safety Building Fund (Fund	8501
025), the Administrative Building Fund (Fund 026), the Adult	8502
Correctional Building Fund (Fund 027), the Juvenile Correctional	8503
Building Fund (Fund 028), the Transportation Building Fund (Fund	8504
029), and the Arts Facilities Building Fund (Fund 030) are	8505
determined to be capital improvements and capital facilities for	8506
housing state agencies and branches of state government and are	8507
designated as capital facilities to which proceeds of obligations	8508
issued under Chapter 152. of the Revised Code are to be applied.	8509

Section 51.  Upon the request of the agency to which a	8510
capital project appropriation item is appropriated, the Director	8511
of Budget and Management may transfer open encumbrance amounts	8512
between separate encumbrances for the project appropriation item	8513
to the extent that any reductions in encumbrances are agreed to by	8514
the contracting vendor and the agency.	8515

Section 52.  Any proceeds received by the State of Ohio as	8516
the result of litigation or a settlement agreement related to any	8517
liability for the planning, design, engineering, construction, or	8518
constructed management of such facilities operated by the	8519
Department of Administrative Services shall be deposited into the	8520
Administrative Building Fund (Fund 026).	8521

Section 53.  The balance in the Vocational School Building	8522
Assistance Fund (Fund 020), and all receipts and interest accruing	8523
to the fund from any source during the period of this act, are	8524
hereby appropriated to the Department of Education. The	8525
appropriation shall be used pursuant to section 3317.21 of the	8526
Revised Code.	8527

Section 54. Sections 3 to 53 of this act shall remain in full	8528
force and effect commencing on July 1, 2002, and terminating on	8529
June 30, 2004, for the purpose of drawing money from the state	8530
treasury in payment of liabilities lawfully incurred hereunder,	8531
and on June 30, 2004, and not before, the moneys hereby	8532
appropriated shall lapse into the funds from which they are	8533
severally appropriated. If, under Ohio Constitution, Article II,	8534
Section 1c, Sections 3 to 53 of this act do not take effect until	8535
after July 1, 2002, Sections 3 to 53 of this act shall be and	8536
remain in full force and effect commencing on that later effective	8537
date.	8538

Section 55.  NOTARY COMMISSION TRANSFER

8539

Upon the effective date of this section or as soon thereafter	8540
as possible, the Director of Budget and Management shall transfer	8541
$150,000 in cash from Fund 412, the Notary Commission Fund, to	8542
Fund 414, the Citizen Education Fund.	8543

Section 56. Pursuant to the agreement made between the	8544
Department of Development and the Dayton-Montgomery County Port	8545
Authority, approved by the Controlling Board on June 19, 2000, the	8546
Director of Development shall permit the approved $5,000,000 from	8547
appropriation item 195-412, Business Development Grants, to be	8548
used to increase the debt capacity of the Dayton-Montgomery County	8549
Port Authority and to fund regional economic development	8550
priorities approved by the Dayton-Montgomery County Port Authority	8551
Board. This change in the agreement is not subject to Controlling	8552
Board approval.	8553

Section 57. EMERGENCY SCHOOL BUILDING REPAIR PROGRAM

8554

The Executive Director of the Ohio School Facilities	8555
Commission shall certify to the Director of Budget and Management	8556
the amount to be transferred from the unencumbered and unallotted	8557
balance in appropriation item CAP-774, Emergency School Building	8558
Repair Program, to appropriation item CAP-622, Public School	8559
Buildings. The amount transferred from appropriation item CAP-774,	8560
Emergency School Building Repair Program, to appropriation item	8561
CAP-622, Public School Buildings, shall be used to fund classroom	8562
facilities improvements in accordance with Chapter 3318. of the	8563
Revised Code.	8564

The Executive Director of the Ohio School Facilities	8565
Commission shall certify to the Director of Budget and Management	8566
the amount to be transferred from the unencumbered and unallotted	8567
balance in appropriation item CAP-776, Emergency School Building	8568
Repair Program, to appropriation item CAP-770, School Building	8569
Program Assistance. The amount transferred from appropriation item	8570
CAP-776, Emergency School Building Repair Program, to	8571
appropriation item CAP-770, School Building Program Assistance,	8572
shall be used to fund classroom facilities improvements in	8573
accordance with Chapter 3318. of the Revised Code.	8574

Section 58. (A) As used in this section, "design-build	8575
construction method" means a construction method that has both of	8576
the following characteristics:	8577

(1) An architecture firm and a contractor form a single	8578
entity that files a bid to construct a project and that, if	8579
awarded the contract to construct the project, agrees to a project	8580
price and completion date.	8581

(2) The entity described in division (A)(1) of this section	8582
assumes all of the financial risk if the project is delayed or	8583
exceeds the project price, and receives bonuses if the cost it	8584
incurs is less than the project price and it meets the	8585
construction target dates.	8586

(B) The Board of County Commissioners of Ashtabula County	8587
may construct, as a pilot project and by using the design-build	8588
construction method, a lodge and conference center at Geneva State	8589
Park on land leased from the Department of Natural Resources. In	8590
carrying out this pilot project, the Board and the Department are	8591
exempt from complying with any otherwise applicable provisions of	8592
Chapter 153. and sections 307.86 to 307.92 of the Revised Code.	8593

Section 59. A previously effective rule or version of a rule,	8594
not effective on the effective date of this section, that, while	8595
previously effective, incorporated a text by reference, is	8596
ratified insofar as the incorporation by reference might raise a	8597
question with regard to the rule's or version's validity as	8598
applied to facts occurring while the rule or version previously	8599
was effective.	8600

This section is a remedial law as that term is used in	8601
section 1.11 of the Revised Code.	8602

Section 60. Section 5709.081 of the Revised Code, as amended	8603
by this act, is remedial in nature and applies to the tax years at	8604
issue in any application for exemption from taxation pending	8605
before the Tax Commissioner, the Board of Tax Appeals, any Court	8606
of Appeals, or the Supreme Court on the effective date of this act	8607
and to the property that is the subject of any such application.	8608

Section 61. That Sections 4.03 and 5.04 of Sub. H.B. 73 of	8609
the 124th General Assembly be amended to read as follows:	8610

"       Sec. 4.03. TRANSFER OF FUND 002 APPROPRIATIONS - PLANNING	8611
AND RESEARCH, HIGHWAY CONSTRUCTION, HIGHWAY MAINTENANCE, AVIATION,	8612
AND ADMINISTRATION	8613

The Director of Budget and Management may approve requests	8614
from the Department of Transportation for transfer of	8615
appropriations for highway planning and research (appropriation	8616
items 771-411 and 771-412), highway construction (appropriation	8617
items 772-421, 772-422, and 772-424), highway maintenance	8618
(appropriation item 773-431), aviation (appropriation item	8619
777-475), and highway administration (appropriation item 779-491).	8620
Transfers of appropriations may be made upon the written request	8621
of the Director of Transportation and with the approval of the	8622
Director of Budget and Management. Such transfers shall be	8623
reported to the Controlling Board at the next regularly scheduled	8624
meeting of the board.	8625

This transfer authority is intended to provide for emergency	8626
situations and flexibility to meet unforeseen conditions that	8627
could arise during the budget period. It also is intended to	8628
allow the department to optimize the use of available resources	8629
and adjust to circumstances affecting the obligation and	8630
expenditure of federal funds.	8631

TRANSFER OF APPROPRIATIONS - FEDERAL HIGHWAY AND FEDERAL	8632
TRANSIT	8633

The Director of Budget and Management may approve requests	8634
from the Department of Transportation for the transfer of	8635
appropriations between appropriation items 772-422, Highway	8636
Construction - Federal, and 775-452, Public Transportation -	8637
Federal, based upon transit capital projects meeting Federal	8638
Highway Administration and Federal Transit Administration funding	8639
guidelines. Transfers between these appropriation items may be	8640
made upon the written request of the Director of Transportation	8641
and with the approval of the Director of Budget and Management.	8642
Such transfers shall be reported to the Controlling Board at its	8643
next regularly scheduled meeting.	8644

TRANSFER OF APPROPRIATIONS - STATE INFRASTRUCTURE BANK

8645

The Director of Budget and Management may approve requests	8646
from the Department of Transportation for transfer of	8647
appropriations and cash of the Infrastructure Bank funds created	8648
in section 5531.09 of the Revised Code, including transfers	8649
between fiscal years 2002 and 2003. Such transfers shall be	8650
reported to the Controlling Board at its next regularly scheduled	8651
meeting. However, the director may not make transfers out of debt	8652
service and lease payment appropriation items unless the director	8653
determines that the appropriated amounts exceed the actual and	8654
projected debt, rental, or lease payments.	8655

The Director of Budget and Management may approve requests	8656
from the Department of Transportation for transfer of	8657
appropriations and cash from the Highway Operating Fund (Fund 002)	8658
to the Infrastructure Bank funds created in section 5531.09 of the	8659
Revised Code. The Director of Budget and Management may transfer	8660
from the Infrastructure Bank funds to the Highway Operating Fund	8661
up to the amounts originally transferred to the Infrastructure	8662
Bank funds under this section. Such transfers shall be reported	8663
to the Controlling Board at its next regularly scheduled meeting.	8664
However, theThe director may not make transfers between modes and	8665
transfers between different funding sources with the exception of	8666
transfers that may be needed to make required payments on state	8667
Infrastructure Bank obligations.	8668

INCREASE APPROPRIATION AUTHORITY - STATE FUNDS

8669

In the event that receipts or unexpended balances credited to	8670
the Highway Operating Fund exceed the estimates upon which the	8671
appropriations have been made in this actSub. H.B. 73 of the	8672
124th General Assembly, upon the request of the Director of	8673
Transportation, the Controlling Board may increase appropriation	8674
authority in the manner prescribed in section 131.35 of the	8675
Revised Code.	8676

INCREASE APPROPRIATION AUTHORITY - FEDERAL AND LOCAL FUNDS

8677

In the event that receipts or unexpended balances credited to	8678
the Highway Operating Fund or apportionments or allocations made	8679
available from the federal and local government exceed the	8680
estimates upon which the appropriations have been made in this act	8681
Sub. H.B. 73 of the 124th General Assembly, upon the request of	8682
the Director of Transportation, the Controlling Board may increase	8683
appropriation authority in the manner prescribed in section 131.35	8684
of the Revised Code.	8685

REAPPROPRIATIONS

8686

All appropriations of the Highway Operating Fund (Fund 002),	8687
the Highway Capital Improvement Fund (Fund 042), and the	8688
Infrastructure Bank funds created in section 5531.09 of the	8689
Revised Code remaining unencumbered on June 30, 2001, and the	8690
unexpended balance of prior years' appropriations that	8691
subsequently become unencumbered after June 30, 2001, subject to	8692
the availability of revenue as determined by the Director of	8693
Transportation, are hereby reappropriated for the same purpose in	8694
fiscal year 2002 upon the request of the Director of	8695
Transportation and with the approval of the Director of Budget and	8696
Management. Such reappropriations shall be reported to the	8697
Controlling Board.	8698

All appropriations of the Highway Operating Fund (Fund 002),	8699
the Highway Capital Improvement Fund (Fund 042), and the	8700
Infrastructure Bank funds created in section 5531.09 of the	8701
Revised Code remaining unencumbered as of June 30, 2002, and the	8702
unexpended balance of prior years' appropriations that	8703
subsequently become unencumbered after June 30, 2002, subject to	8704
the availability of revenue as determined by the Director of	8705
Transportation, are hereby reappropriated for use during fiscal	8706
year 2003 for the same purpose, upon the request of the Director	8707
of Transportation and with the approval of the Director of Budget	8708
and Management. The department shall report all such	8709
reappropriations to the Controlling Board.	8710

Sec. 5.04.  INVESTIGATIVE UNIT

8711

State Highway Safety Fund Group

8712

Liquor Control Fund Group

8717

State Special Revenue Fund Group

8721

LEASE RENTAL PAYMENTS FOR CAP-076, INVESTIGATIVE UNIT MARCS	8727
EQUIPMENT	8728

The Director of Public Safety, using intrastate transfer	8729
vouchers, shall make cash transfers to the State Highway Safety	8730
Fund (Fund 036) from other funds to reimburse the State Highway	8731
Safety Fund for its share of lease rental payments to the Ohio	8732
Building Authority that are associated with appropriation item	8733
CAP-076, Investigative Unit MARCS Equipment."	8734

Section 62. That existing Sections 4.03 and 5.04 of Sub. H.B.	8735
73 of the 124th General Assembly are hereby repealed.	8736

Section 63. That Sections 13, 13.01, 13.05, 13.12, and 69 of	8737
Am. Sub. H.B. 94 of the 124th General Assembly be amended to read	8738
as follows:	8739

"       Sec. 13. DAS DEPARTMENT OF ADMINISTRATIVE SERVICES

8740

General Revenue Fund

8741

General Services Fund Group

8765

Intragovernmental Service Fund Group

8790

Agency Fund Group

8795

Holding Account Redistribution Fund Group

8799

Sec. 13.01.  AGENCY AUDIT EXPENSES

8806

Of the foregoing appropriation item 100-405, Agency Audit	8807
Expenses, up to $145,261 in fiscal year 2002 and up to $74,447 in	8808
fiscal year 2003 shall be used to subsidize the operations of the	8809
Central Service Agency. The Department of Administrative Services	8810
shall transfer cash from appropriation item 100-405, Agency Audit	8811
Expenses, to the Central Service Agency Fund (Fund 115) using an	8812
intrastate transfer voucher.	8813

Of the foregoing appropriation item 100-405, Agency Audit	8814
Expenses, up to $30,000 in fiscal year 2002 and $30,000 in fiscal	8815
year 2003 shall be used for the Department of Administrative	8816
Services' GRF appropriation item-related auditing expenses. The	8817
remainder of the appropriation shall be used for auditing expenses	8818
designated in division (A)(1) of section 117.13 of the Revised	8819
Code for those state agencies audited on a biennial basis.	8820

VETERANS' RECORDS CONVERSION

8821

The unencumbered balance of appropriation item 100-410,	8822
Veterans' Records Conversion, at the end of fiscal year 2002 shall	8823
be transferred to fiscal year 2003 for use under the same	8824
appropriation item.	8825

Sec. 13.05.  CENTRAL SERVICE AGENCY FUND

8826

In order to complete the migration of the licensing	8827
applications of the professional licensing boards to a local area	8828
network, the Director of Budget and Management may, at the request	8829
of the Director of Administrative Services, cancel related	8830
encumbrances in the Central Service Agency Fund (Fund 115) and	8831
reestablish these encumbrances in fiscal year 2002 for the same	8832
purpose and to the same vendor. The Director of Budget and	8833
Management shall reduce the appropriation balance in fiscal year	8834
2001 by the amount of encumbrances canceled in Fund 115. As	8835
determined by the Director of Budget and Management, the amount	8836
necessary to reestablish such encumbrances or parts of	8837
encumbrances in fiscal year 2002 in the Central Service Agency	8838
Fund (Fund 115) is appropriated.	8839

The Director of Budget and Management may transfer up to	8840
$399,000$671,219 in fiscal year 2002 and up to $354,000$562,249	8841
in fiscal year 2003 from the Occupational Licensing and Regulatory	8842
Fund (Fund 4K9) to the Central Service Agency Fund (Fund 115). The	8843
Director of Budget and Management may transfer up to $34,000	8844
$61,781 in fiscal year 2002 and up to $30,000$51,751 in fiscal	8845
year 2003 from the State Medical Board Operating Fund (Fund 5C6)	8846
to the Central Service Agency Fund (Fund 115). The Director of	8847
Budget and Management may transfer up to $18,000 in fiscal year	8848
2002 and up to $16,000 in fiscal year 2003 from the Pharmacy Board	8849
Operating Fund (Fund 5N2) to the Central Service Agency Fund (Fund	8850
115). The appropriation item 100-632, Central Service Agency,	8851
shall be used to purchase the necessary equipment, products, and	8852
services to install and maintain a local area networkweb-based	8853
application for the professional licensing boards, and to support	8854
their licensing applications. The amount of the cash transfer is	8855
appropriated to appropriation item 100-632, Central Service	8856
Agency.	8857

Sec. 13.12. INVESTMENT RECOVERY FUND

8858

Notwithstanding division (B) of section 125.14 of the Revised	8859
Code, cash balances in the Investment Recovery Fund may be used to	8860
support the operating expenses of the Federal Surplus Operating	8861
Program created in sections 125.84 to 125.90 of the Revised Code.	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 State Property Inventory and	8865
Fixed Assets Management System Program.	8866

Of the foregoing appropriation item 100-602, Investment	8867
Recovery, up to $2,045,302 in fiscal year 2002 and up to	8868
$1,959,192 in fiscal year 2003 shall be used to pay the operating	8869
expenses of the State Surplus Property Program, the Surplus	8870
Federal Property Program, and the State Property Inventory and	8871
Fixed Assets Management System Program pursuant to Chapter 125. of	8872
the Revised Code and this section. If additional appropriations	8873
are necessary for the operations of these programs, the Director	8874
of Administrative Services shall seek increased appropriations	8875
from the Controlling Board under section 131.35 of the Revised	8876
Code.	8877

Of the foregoing appropriation item 100-602, Investment	8878
Recovery, $2,045,302$2,159,433 in fiscal year 2002 and $1,959,192	8879
$2,219,992 in fiscal year 2003 shall be used to transfer proceeds	8880
from the sale of surplus property from the Investment Recovery	8881
Fund to non-General Revenue Funds pursuant to division (A)(2) of	8882
section 125.14 of the Revised Code. If it is determined by the	8883
Director of Administrative Services that additional appropriations	8884
are necessary for the transfer of such sale proceeds, the Director	8885
of Administrative Services may request the Director of Budget and	8886
Management to increase the amounts. Such amounts are	8887
appropriated.	8888

Notwithstanding division (B) of section 125.14 of the Revised	8889
Code, the Director of Budget and Management, at the request of the	8890
Director of Administrative Services, shall transfer up to	8891
$2,500,000 of the amounts held for transfer to the General Revenue	8892
Fund from the Investment Recovery Fund (Fund 427) to the General	8893
Services Fund (Fund 117) during the biennium beginning July 1,	8894
2001, and ending June 30, 2003. The cash transferred to the	8895
General Services Fund shall be used to pay the operating expenses	8896
of the Competitive Sealed Proposal Program.	8897

Sec. 69. LSC LEGISLATIVE SERVICE COMMISSION

8898

General Revenue Fund

8899

General Services Fund Group

8908

OPERATING EXPENSES

8914

On or before August 1, 2001, the Director of Budget and	8915
Management shall determine and certify to the Director of the	8916
Legislative Service Commission the total amount of unexpended,	8917
unobligated appropriations made to the Commission for fiscal year	8918
2001 in appropriation items 035-321 and 035-403. Additional	8919
appropriation authority equal to the amount certified by the	8920
Director of Budget and Management to the Director of the	8921
Legislative Service Commission, not to exceed $500,000, is hereby	8922
appropriated to appropriation item 035-321 Operating Expenses, for	8923
fiscal year 2002.	8924

ATMS REPLACEMENT PROJECT

8925

Of the foregoing appropriation item 035-406, ATMS Replacement	8926
Project, any amounts not used for the ATMS project may be used to	8927
pay the operating expenses of the Legislative Service Commission.	8928

LEGISLATIVE TASK FORCE ON REDISTRICTING

8929

On or before August 1, 2001, the Director of Budget and	8930
Management shall determine and certify to the Director of the	8931
Legislative Service Commission the total amount of unexpended,	8932
unobligated appropriations made to the Commission for fiscal year	8933
2001 in appropriation item 035-407, Legislative Task Force on	8934
Redistricting. Additional appropriation authority equal to theThe	8935
amount certified by the Director of Budget and Management to the	8936
Director of the Legislative Service Commission is hereby	8937
appropriated to appropriation item 035-407, Legislative Task Force	8938
on Redistricting, for fiscal year 2002.	8939

On or before August 1, 2002, the Director of Budget and	8940
Management shall determine and certify to the Director of the	8941
Legislative Service Commission the total amount of unexpended,	8942
unobligated appropriations made to the Commission for fiscal year	8943
2002 in appropriation item 035-407, Legislative Task Force on	8944
Redistricting. The amount certified by the Director of Budget and	8945
Management to the Director of the Legislative Service Commission	8946
is hereby appropriated to appropriation item 035-407, Legislative	8947
Task Force on Redistricting, for fiscal year 2003.	8948

NATIONAL ASSOCIATIONS

8949

Of the foregoing appropriation item 035-409, National	8950
Associations, $10,000 in each fiscal year shall be used for the	8951
State and Local Legal Center.	8952

LEGISLATIVE OFFICE OF EDUCATION OVERSIGHT

8953

The foregoing appropriation item 035-404, Legislative Office	8954
of Education Oversight, shall be used to support the legislative	8955
oversight activities of the Legislative Committee on Education	8956
Oversight established in section 3301.68 of the Revised Code."	8957

Section 64. That existing Sections 13, 13.01, 13.05, 13.12,	8958
and 69 of Am. Sub. H.B. 94 of the 124th General Assembly are	8959
hereby repealed.	8960

Section 65. That Section 32 of Am. Sub. H.B. 94 of the 124th	8961
General Assembly, as amended by Sub. H.B. 386 of the 124th General	8962
Assembly, be amended to read as follows:	8963

"       Sec. 32.  COM DEPARTMENT OF COMMERCE

8964

General Revenue Fund

8965

General Services Fund Group

8969

Federal Special Revenue Fund Group

8974

State Special Revenue Fund Group

8980

Liquor Control Fund Group

9004

GRANTS-VOLUNTEER FIRE DEPARTMENTS

9012

The foregoing appropriation item 800-402, Grants-Volunteer	9013
Fire Departments, shall be used to make annual grants to volunteer	9014
fire departments of up to $10,000, or up to $25,000 if the	9015
volunteer fire department provides service for an area affected by	9016
a natural disaster. The grant program shall be administered by	9017
the Fire Marshal under the Department of Commerce. The Fire	9018
Marshal shall adopt rules necessary for the administration and	9019
operation of the grant program.	9020

Notwithstanding section 3737.17 of the Revised Code, upon the	9021
request of the Director of Commerce, the Director of Budget and	9022
Management shall transfer $200,000 cash in fiscal year 2002 and	9023
$100,000 cash in fiscal year 2003 from the State Fire Marshal Fund	9024
(Fund 546) to the General Revenue Fund.	9025

Of the foregoing appropriation item 800-402, Grants-Volunteer	9026
Fire Departments, $200,000 in fiscal year 2002 shall be granted to	9027
the Monday Creek Fire Department.	9028

LABOR AND WORKER SAFETY

9029

The Department of Commerce may designate a portion of	9030
appropriation item 800-410, Labor and Worker Safety, to be used to	9031
match federal funding for the OSHA on-site consultation program.	9032

SMALL GOVERNMENT FIRE DEPARTMENTS

9033

Upon the request of the Director of Commerce, the Director of	9034
Budget and Management shall transfer $250,000 cash in each fiscal	9035
year from the State Fire Marshal Fund (Fund 546) within the State	9036
Special Revenue Fund Group to the Small Government Fire	9037
Departments Fund (Fund 5F1) within the General Services Fund	9038
Group.	9039

Notwithstanding section 3737.17 of the Revised Code, the	9040
foregoing appropriation item 800-635, Small Government Fire	9041
Departments, may be used to provide loans to private fire	9042
departments.	9043

PENALTY ENFORCEMENT

9044

The foregoing appropriation item 800-621, Penalty	9045
Enforcement, shall be used to enforce sections 4115.03 to 4115.16	9046
of the Revised Code.	9047

On July 1, 2001, or as soon thereafter as possible, the	9048
Director of Budget and Management shall transfer the cash balance	9049
in the Penalty Enforcement Fund that was in the custody of the	9050
state treasury to the Penalty Enforcement Fund (Fund 5K7) that is	9051
created in the state treasury by section 4115.10 of the Revised	9052
Code. The fund shall be used for deposit of moneys received from	9053
penalties paid under section 4115.10 of the Revised Code.	9054

UNCLAIMED FUNDS PAYMENTS

9055

The foregoing appropriation item 800-625, Unclaimed	9056
Funds-Claims, shall be used to pay claims pursuant to section	9057
169.08 of the Revised Code. If it is determined that additional	9058
amounts are necessary, the amounts are appropriated.	9059

PREDATORY LENDING ENFORCEMENT

9060

Of the foregoing appropriation item 800-607, Consumer	9061
Finance, up to $125,000 in fiscal year 2002 and up to $250,000 in	9062
fiscal year 2003 shall be used for the enforcement of sections	9063
1349.25 to 1349.36 of the Revised Code.	9064

OFFICE OF CONSUMER AFFAIRS

9065

Of the foregoing appropriation item 800-607, Consumer	9066
Finance, up to $400,000 in fiscal year 2002 and up to $400,000 in	9067
fiscal year 2003 shall be used by the Department of Commerce for	9068
the operation of the Office of Consumer Affairs created in section	9069
1349.37 of the Revised Code, including outreach efforts to provide	9070
education regarding predatory lending, borrowing, and related	9071
financial topics through seminars, local government grants, public	9072
service announcements, and brochures. On or before August 1,	9073
2002, the Director of Budget and Management shall determine and	9074
certify to the Director of Commerce the total amount of	9075
unexpended, unobligated appropriations made to the Department for	9076
fiscal year 2002 for the purposes stated above. The amount so	9077
determined and certified by the Director of Budget and Management	9078
is hereby appropriated to appropriation item 800-607, Consumer	9079
Finance, in addition to any other amounts appropriated for fiscal	9080
year 2003, and is hereby earmarked for the purposes stated above.	9081

INCREASED APPROPRIATION AUTHORITY - MERCHANDISING

9082

The Director of Commerce may, upon concurrence by the	9083
Director of Budget and Management, submit to the Controlling Board	9084
for approval a request for increased appropriation authority for	9085
appropriation item 800-601, Merchandising.	9086

CASH BALANCE TRANSFER

9087

On July 1, 2001, or as soon thereafter as possible, the	9088
Director of Budget and Management shall transfer the cash balance	9089
in the Salvage and Exchange Fund (Fund 861) to the Liquor Control	9090
Fund (Fund 043) created in section 4301.12 of the Revised Code.	9091
Upon the completion of the transfer, the Salvage and Exchange	9092
Fund, which was created by the Controlling Board during the	9093
1973-1975 biennium, is abolished. The director shall cancel any	9094
existing encumbrances against appropriation item 800-634, Salvage	9095
and Exchange, and reestablish them against appropriation item	9096
800-627, Liquor Control Operating.	9097

DEVELOPMENT ASSISTANCE DEBT SERVICE

9098

The foregoing appropriation item 800-633, Development	9099
Assistance Debt Service, shall be used to meet all payments at the	9100
times they are required to be made during the period from July 1,	9101
2001, to June 30, 2003, for bond service charges on obligations	9102
issued under section 166.08 of the Revised Code, but limited to	9103
the aggregate amount of $32,275,900. If it is determined that	9104
additional appropriations are necessary for this purpose, such	9105
amounts are hereby appropriated, provided that the appropriation	9106
does not exceed $25,000,000 in any fiscal year, except as may be	9107
needed for payments on obligations issued to meet guarantees. The	9108
General Assembly acknowledges that an appropriation for this	9109
purpose is not required, but is made in this form and in this act	9110
Am. Sub. H.B. 94 of the 124th General Assembly for record purposes	9111
only.	9112

REVITALIZATION DEBT SERVICE

9113

The foregoing appropriation item 800-636, Revitalization Debt	9114
Service, shall be used to pay debt service and related financing	9115
costs during the period from July 1, 2001, to June 30, 2003, on	9116
obligations to be issued for revitalization purposes under Section	9117
2o of Article VIII, Ohio Constitution, and implementing	9118
legislation. If it is determined that additional appropriations	9119
are necessary for this purpose, such amounts are hereby	9120
appropriated. The General Assembly acknowledges: (A) the priority	9121
of the pledge of a portion of receipts from that source to	9122
obligations issued and to be issued and guarantees made and to be	9123
made under Chapter 166. of the Revised Code; and (B) that this	9124
appropriation is subject to further consideration pursuant to	9125
implementing legislationan appropriation for this purpose is not	9126
required, but is made in this form and in this act for record	9127
purposes only.	9128

ADMINISTRATIVE ASSESSMENTS

9129

Notwithstanding any other provision of law to the contrary,	9130
Fund 163, Administration, shall receive assessments from all	9131
operating funds of the department in accordance with procedures	9132
prescribed by the Director of Commerce and approved by the	9133
Director of Budget and Management."	9134

Section 66. That existing Section 32 of Am. Sub. H.B. 94 of	9135
the 124th General Assembly, as amended by Sub. H.B. 386 of the	9136
124th General Assembly, is hereby repealed.	9137

Section 67. That Section 45 of Am. Sub. H.B. 94 of the 124th	9138
General Assembly, as amended by Am. Sub. H.B. 405 of the 124th	9139
General Assembly, be amended to read as follows:	9140

"       Sec. 45.  OEB OHIO EDUCATIONAL TELECOMMUNICATIONS NETWORK	9141
COMMISSION	9142

General Revenue Fund

9143

General Services Fund Group

9153

STATEHOUSE NEWS BUREAU

9160

The foregoing appropriation item 374-401, Statehouse News	9161
Bureau, shall be used solely to support the operations of the Ohio	9162
Statehouse News Bureau.	9163

OHIO GOVERNMENT TELECOMMUNICATIONS STUDIO

9164

The foregoing appropriation item 374-402, Ohio Government	9165
Telecommunications Studio, shall be used solely to support the	9166
operations of the Ohio Government Telecommunications Studio.	9167

OHIO SONET

9168

The foregoing appropriation item 374-403, Ohio SONET, shall	9169
be used by the Ohio Educational Telecommunications Network	9170
Commission to pay monthly operating expenses and maintenance of	9171
the television and radio transmission infrastructure.	9172

TELECOMMUNICATIONS OPERATING SUBSIDY

9173

The foregoing appropriation item 374-404, Telecommunications	9174
Operating Subsidy, shall be distributed by the Ohio Educational	9175
Telecommunications Network Commission to Ohio's qualified public	9176
educational television stations, radio reading services, and	9177
educational radio stations to support their operations. The funds	9178
shall be distributed pursuant to an allocation developed by the	9179
Ohio Educational Telecommunications Network Commission.	9180

GOVERNMENT TELEVISION/TELECOMMUNICATIONS OPERATING

9181

Beginning on January 1, 2002, General Service Fund 4T2,	9182
Government Television/Telecommunications Operating, currently	9183
under the direction of the Capital Square Review and Advisory	9184
Board, shall be transferred to the Ohio Educational	9185
Telecommunications Network Commission. The Director of Budget and	9186
Management shall transfer, by January 15, 2002, all remaining	9187
balances in General Services Fund 4T2, Government	9188
Television/Telecommunications Operating, in the Capital Square	9189
Review and Advisory Board to General Services Fund 4T2, Government	9190
Television/Telecommunications Operating, in the Ohio Educational	9191
Telecommunications Network Commission. General Services Fund 4T2,	9192
Government Television/Telecommunications Operating, is hereby	9193
created in the Ohio Educational Telecommunications Network	9194
Commission."	9195

Section 68. That existing Section 45 of Am. Sub. H.B. 94 of	9196
the 124th General Assembly, as amended by Am. Sub. H.B. 405 of the	9197
124th General Assembly, is hereby repealed.	9198

Section 69. That Section 56.01 of Am. Sub. H.B. 94 of the	9199
124th General Assembly, as amended by Am. Sub. H.B. 299 of the	9200
124th General Assembly, be amended to read as follows:	9201

"       Sec. 56.01. HEMOPHILIA SERVICES

9202

Of the foregoing appropriation item 440-406, Hemophilia	9203
Services, $205,000 in each fiscal year shall be used to implement	9204
the Hemophilia Insurance Pilot Project.	9205

Of the foregoing appropriation item 440-406, Hemophilia	9206
Services, up to $245,000 in each fiscal year shall be used by the	9207
Department of Health to provide grants to the nine hemophilia	9208
treatment centers to provide prevention services for persons with	9209
hemophilia and their family members affected by AIDS and other	9210
bloodborne pathogens.	9211

CANCER REGISTRY SYSTEM

9212

Of the foregoing appropriation item 440-412, Cancer Incidence	9213
Surveillance System, $50,000 in each fiscal year shall be provided	9214
to the Northern Ohio Cancer Resource Center.	9215

The remaining moneys in appropriation item 440-412, Cancer	9216
Incidence Surveillance System, shall be used to maintain and	9217
operate the Ohio Cancer Incidence Surveillance System pursuant to	9218
sections 3701.261 to 3701.263 of the Revised Code.	9219

No later than March 1, 2002, the Ohio Cancer Incidence	9220
Surveillance Advisory Board shall report to the General Assembly	9221
on the effectiveness of the cancer incidence surveillance system	9222
and the partnership between the Department of Health and the	9223
Arthur G. James Cancer Hospital and Richard J. Solove Research	9224
Institute of The Ohio State University.	9225

CHILD AND FAMILY HEALTH SERVICES

9226

Of the foregoing appropriation item 440-416, Child and Family	9227
Health Services, $1,700,000 in each fiscal year shall be used for	9228
family planning services. None of the funds received through	9229
these family planning grants shall be used to provide abortion	9230
services. None of the funds received through these family	9231
planning grants shall be used for counseling for or referrals for	9232
abortion, except in the case of a medical emergency. These funds	9233
shall be distributed on the basis of the relative need in the	9234
community served by the Director of Health to family planning	9235
programs, which shall include family planning programs funded	9236
under Title V of the "Social Security Act," 49 Stat. 620 (1935),	9237
42 U.S.C.A. 301, as amended, and Title X of the "Public Health	9238
Services Act," 58 Stat. 682 (1946), 42 U.S.C.A. 201, as amended,	9239
as well as to other family planning programs that the Department	9240
of Health also determines will provide services that are	9241
physically and financially separate from abortion-providing and	9242
abortion-promoting activities, and that do not include counseling	9243
for or referrals for abortion, other than in the case of medical	9244
emergency, with state moneys, but that otherwise substantially	9245
comply with the quality standards for such programs under Title V	9246
and Title X.	9247

The Director of Health, by rule, shall provide reasonable	9248
methods by which a grantee wishing to be eligible for federal	9249
funding may comply with these requirements for state funding	9250
without losing its eligibility for federal funding, while ensuring	9251
that a family planning program receiving a family planning grant	9252
must be organized so that it is physically and financially	9253
separate from the provision of abortion services and from	9254
activities promoting abortion as a method of family planning.	9255

Of the foregoing appropriation item 440-416, Child and Family	9256
Health Services, $150,000 in each fiscal year shall be used to	9257
provide malpractice insurance for physicians and other health	9258
professionals providing prenatal services in programs funded by	9259
the Department of Health.	9260

Of the foregoing appropriation item 440-416, Child and Family	9261
Health Services, $279,000 shall be used in each fiscal year for	9262
the OPTIONS dental care access program.	9263

Of the foregoing appropriation item 440-416, Child and Family	9264
Health Services, $600,000 in each fiscal year shall be used by	9265
local child and family health services clinics to provide services	9266
to uninsured low-income persons.	9267

Of the foregoing appropriation item 440-416, Child and Family	9268
Health Services, $900,000 in each fiscal year shall be used by	9269
federally qualified health centers and federally designated	9270
look-alikes to provide services to uninsured low-income persons.	9271

Of the foregoing appropriation item 440-416, Child and Family	9272
Health Services, $50,000 in each fiscal year shall be used for the	9273
Tree of Knowledge Learning Center in Cleveland Heights.	9274

Of the foregoing appropriation item 440-416, Child and Family	9275
Health Services, $25,000 in fiscal year 2002 shall be provided to	9276
the Suicide Prevention Program of Clermont County.	9277

Of the foregoing appropriation item 440-416, Child and Family	9278
Health Services, $50,000 in fiscal year 2002 shall be provided to	9279
the Discover Health Project.	9280

Of the foregoing appropriation item 440-416, Child and Family	9281
Health Services, $75,000 in fiscal year 2002 shall be provided to	9282
the Mayerson Center.	9283

Of the foregoing appropriation item 440-416, Child and Family	9284
Health Services, $50,000 in fiscal year 2002 shall be provided to	9285
the Central Clinic at the University of Cincinnati.	9286

IMMUNIZATIONS

9287

Of the foregoing appropriation item 440-418, Immunizations,	9288
$125,000 per fiscal year shall be used to provide vaccinations for	9289
Hepatitis B to all qualified underinsured students in the seventh	9290
grade who have not been previously immunized.	9291

Of the foregoing appropriation item 440-418, Immunizations,	9292
up to $25,000 in each fiscal year shall be used to provide	9293
vaccinations for pneumococcal disease for children between the	9294
ages of two and five.	9295

SEXUAL ASSAULT PREVENTION AND INTERVENTION

9296

The foregoing appropriation item 440-419, Sexual Assault	9297
Prevention and Intervention, shall be used for the following	9298
purposes:	9299

(A) Funding of new services in counties with no services for	9300
sexual assault;	9301

(B) Expansion of services provided in currently funded	9302
projects so that comprehensive crisis intervention and prevention	9303
services are offered;	9304

(C) Start-up funding for Sexual Assault Nurse Examiner (SANE)	9305
projects;	9306

(D) Statewide expansion of local outreach and public	9307
awareness efforts.	9308

HIV/AIDS PREVENTION/TREATMENT

9309

Of the foregoing appropriation item 440-444, AIDS Prevention	9310
and Treatment, $6.7 million in fiscal year 2002 and $7.1 million	9311
in fiscal year 2003 shall be used to assist persons with HIV/AIDS	9312
in acquiring HIV-related medications.	9313

The HIV Drug Assistance Program is pursuant to section	9314
3701.241 of the Revised Code and Title XXVI of the "Public Health	9315
Services Act," 104 Stat. 576 (1990), 42 U.S.C.A. 2601, as amended.	9316
The Department of Health may adopt rules pursuant to Chapter 119.	9317
of the Revised Code as necessary for the administration of the	9318
program.	9319

INFECTIOUS DISEASE PREVENTION

9320

Notwithstanding section 339.77 of the Revised Code, $60,000	9321
of the foregoing appropriation item 440-446, Infectious Disease	9322
Prevention, shall be used by the Director of Health to reimburse	9323
Boards of County Commissioners for the cost of detaining indigent	9324
persons with tuberculosis. Any portion of the $60,000 allocated	9325
for detainment not used for that purpose shall be used to make	9326
payments to counties pursuant to section 339.77 of the Revised	9327
Code.	9328

Of the foregoing appropriation item 440-446, Infectious	9329
Disease Prevention, $200,000$335,000 in each fiscal year shall be	9330
used for the purchase of drugs for sexually transmitted diseases.	9331

HELP ME GROW

9332

The foregoing appropriation item 440-459, Help Me Grow, shall	9333
be used by the Department of Health to distribute subsidies to	9334
counties to implement section 3701.61 of the Revised Codethe Help	9335
Me Grow program. Appropriation item 440-459 may be used in	9336
conjunction with Temporary Assistance for Needy Families from the	9337
Department of Job and Family Services, Even Start from the	9338
Department of Education, and in conjunction with other early	9339
childhood funds and services to promote the optimal development of	9340
young children. Local contacts shall be developed between local	9341
departments of job and family services and family and children	9342
first councils for the administration of TANF funding for the Help	9343
Me Grow Program. The Department of Health shall enter into an	9344
interagency agreement with the Department of Education to	9345
coordinate the planning, design, and grant selection process for	9346
any new Even Start grants and to ensure that all new and existing	9347
programs within Help Me growGrow are school linked.	9348

POISON CONTROL NETWORK

9349

The foregoing appropriation item 440-504, Poison Control	9350
Network, shall be used in each fiscal year by the Department of	9351
Health for grants to the consolidated Ohio Poison Control Center	9352
to provide poison control services to Ohio citizens.	9353

TANF FAMILY PLANNING

9354

The Director of Budget and Management shall transfer by	9355
intrastate transfer voucher, no later than the fifteenth day of	9356
July of each fiscal year, cash from the General Revenue Fund,	9357
appropriation item 600-410, TANF State, to General Services Fund	9358
5C1 in the Department of Health, in an amount of $250,000 in each	9359
fiscal year for the purpose of family planning services for	9360
children or their families whose income is at or below 200 per	9361
cent of the official poverty guideline.	9362

As used in this section, "poverty guideline" means the	9363
official poverty guideline as revised annually by the United	9364
States Secretary of Health and Human Services in accordance with	9365
section 673 of the "Community Services Block Grant Act," 95 Stat.	9366
511 (1981), 42 U.S.C.A. 9902, as amended, for a family size equal	9367
to the size of the family of the person whose income is being	9368
determined.	9369

MATERNAL CHILD HEALTH BLOCK GRANT

9370

Of the foregoing appropriation item 440-601, Maternal Child	9371
Health Block Grant (Fund 320), $2,091,299 shall be used in each	9372
fiscal year for the purposes of abstinence-only education. The	9373
Director of Health shall develop guidelines for the establishment	9374
of abstinence programs for teenagers with the purpose of	9375
decreasing unplanned pregnancies and abortion. Such guidelines	9376
shall be pursuant to Title V of the "Social Security Act," 42	9377
U.S.C.A. 510, and shall include, but are not limited to,	9378
advertising campaigns and direct training in schools and other	9379
locations.	9380

A portion of the foregoing appropriation item 440-601,	9381
Maternal Child Health Block Grant (Fund 320), may be used to	9382
ensure that current information on sudden infant death syndrome is	9383
available for distribution by local health districts.	9384

TITLE XX TRANSFER

9385

Of the foregoing appropriation item 440-611, Title XX	9386
Transfer (Fund 3W5), $500,000 in each fiscal year, to the extent	9387
funds are available based on deposits made pursuant to Section	9388
63.09 of this actAm. Sub. H.B. 94 of the 124th General Assembly,	9389
shall be used for the purposes of abstinence-only education. The	9390
Director of Health shall develop guidelines for the establishment	9391
of abstinence programs for teenagers with the purpose of	9392
decreasing unplanned pregnancies and abortion. The guidelines	9393
shall be developed pursuant to Title V of the "Social Security	9394
Act," 42 U.S.C. 510, and shall include, but are not to be limited	9395
to, advertising campaigns and direct training in schools and other	9396
locations.	9397

GENETICS SERVICES

9398

The foregoing appropriation item 440-608, Genetics Services	9399
(Fund 4D6), shall be used by the Department of Health to	9400
administer programs authorized by sections 3701.501 and 3701.502	9401
of the Revised Code. None of these funds shall be used to counsel	9402
or refer for abortion, except in the case of a medical emergency.	9403

SICKLE CELL FUND

9404

The foregoing appropriation item 440-610, Sickle Cell Disease	9405
Control (Fund 4F9), shall be used by the Department of Health to	9406
administer programs authorized by section 3701.131 of the Revised	9407
Code. The source of the funds is as specified in section 3701.23	9408
of the Revised Code.	9409

SAFETY AND QUALITY OF CARE STANDARDS

9410

The Department of Health may use Fund 471, Certificate of	9411
Need, for administering sections 3702.11 to 3702.20 and 3702.30 of	9412
the Revised Code in each fiscal year.	9413

MEDICALLY HANDICAPPED CHILDREN AUDIT

9414

The Medically Handicapped Children Audit Fund (Fund 477)	9415
shall receive revenue from audits of hospitals and recoveries from	9416
third-party payors. Moneys may be expended for payment of audit	9417
settlements and for costs directly related to obtaining recoveries	9418
from third-party payors and for encouraging Medically Handicapped	9419
Children's Program recipients to apply for third-party benefits.	9420
Moneys also may be expended for payments for diagnostic and	9421
treatment services on behalf of medically handicapped children, as	9422
defined in division (A) of section 3701.022 of the Revised Code,	9423
and Ohio residents who are twenty-one or more years of age and who	9424
are suffering from cystic fibrosis. Moneys may also be expended	9425
for administrative expenses incurred in operating the Medically	9426
Handicapped Children's Program.	9427

CASH TRANSFER FROM LIQUOR CONTROL FUND TO ALCOHOL TESTING AND	9428
PERMIT FUND	9429

The Director of Budget and Management, pursuant to a plan	9430
submitted by the Department of Health, or as otherwise determined	9431
by the Director of Budget and Management, shall set a schedule to	9432
transfer cash from the Liquor Control Fund (Fund 043) to the	9433
Alcohol Testing and Permit Fund (Fund 5C0) to meet the operating	9434
needs of the Alcohol Testing and Permit program.	9435

The Director of Budget and Management shall transfer to the	9436
Alcohol Testing and Permit Fund (Fund 5C0) from the Liquor Control	9437
Fund (Fund 043) established in section 4301.12 of the Revised Code	9438
such amounts at such times as determined by the transfer schedule.	9439

MEDICALLY HANDICAPPED CHILDREN - COUNTY ASSESSMENTS

9440

The foregoing appropriation item 440-607, Medically	9441
Handicapped Children - County Assessments (Fund 666), shall be	9442
used to make payments pursuant to division (E) of section 3701.023	9443
of the Revised Code."	9444

Section 70. That existing Section 56.01 of Am. Sub. H.B. 94	9445
of the 124th General Assembly, as amended by Am. Sub. H.B. 299 of	9446
the 124th General Assembly, is hereby repealed.	9447

Section 71. That Section 63.09 of Am. Sub. H.B. 94 of the	9448
124th General Assembly, as most recently amended by Am. Sub. H.B.	9449
405 of the 124th General Assembly, be amended to read as follows:	9450

"       Sec. 63.09. TANF

9451

TANF COUNTY INCENTIVES

9452

Of the foregoing appropriation item 600-689, TANF Block	9453
Grant, the Department of Job and Family Services may provide	9454
financial incentives to those county departments of job and family	9455
services that have exceeded performance standards adopted by the	9456
state department, and where the board of county commissioners has	9457
entered into a written agreement with the state department under	9458
section 5101.21 of the Revised Code governing the administration	9459
of the county department. Any financial incentive funds provided	9460
pursuant to this division shall be used by the county department	9461
for additional or enhanced services for families eligible for	9462
assistance under Chapter 5107. or benefits and services under	9463
Chapter 5108. of the Revised Code or, on request by the county and	9464
approval by the Department of Job and Family Services, be	9465
transferred to the Child Care and Development Fund or the Social	9466
Services Block Grant. The county departments of job and family	9467
services may retain and expend such funds without regard to the	9468
state or county fiscal year in which the financial incentives were	9469
earned or paid. Each county department of job and family services	9470
shall file an annual report with the Department of Job and Family	9471
Services providing detailed information on the expenditure of	9472
these financial incentives and an evaluation of the effectiveness	9473
of the county department's use of these funds in achieving	9474
self-sufficiency for families eligible for assistance under	9475
Chapter 5107. or benefits and services under Chapter 5108. of the	9476
Revised Code.	9477

TANF YOUTH DIVERSION PROGRAMS

9478

Of the foregoing appropriation item 600-689, TANF Block	9479
Grant, $19,500,000 in each fiscal year shall be allocated by the	9480
Department of Job and Family Services to the counties according to	9481
the allocation formula established in division (D) of section	9482
5101.14 of the Revised Code. Of the funds allocated to each	9483
county, up to half may be used for contract services for unruly	9484
and misdemeanant diversionary programs.	9485

The remaining funds not allocated for use in juvenile	9486
diversion activities may be used by the county for other contract	9487
child welfare services. In counties with separate departments of	9488
job and family services and public children services agencies, the	9489
county department of job and family services shall serve as a pass	9490
through to the public children services agencies for these funds.	9491
Separate public children services agencies receiving such funds	9492
shall comply with all TANF requirements, including reporting	9493
requirements and timelines, as specified in state and federal	9494
laws, federal regulations, state rules, and the Title IV-A state	9495
plan, and are responsible for payment of any adverse audit	9496
finding, final disallowance of federal financial participation, or	9497
other sanction or penalty issued by the federal government or	9498
other entity concerning these funds.	9499

Of the foregoing $19,500,000 set aside, any funds remaining	9500
unspent on June 30, 2002, shall be carried forward and added to	9501
the earmark for fiscal year 2003, and allocated to the counties	9502
according to the allocation formula established in division (D) of	9503
section 5101.14 of the Revised Code.	9504

KINSHIP NAVIGATORS

9505

Of the foregoing appropriation item 600-689, TANF Block	9506
Grant, up to $3 million in each fiscal year shall be allocated by	9507
the Department of Job and Family Services to county departments of	9508
job and family services for the purpose of making allocations to	9509
local public children services agencies to provide services in the	9510
Kinship Navigation program. The allocation to county departments	9511
of job and family services shall be based on the number of Ohio	9512
works first cases in the county, and the number of children	9513
seventeen years of age or younger in the county. The Department of	9514
Job and Family Services shall develop an appropriate method of	9515
reallocating these funds in each fiscal year among the county	9516
departments of job and family services, if they would otherwise be	9517
unspent.	9518

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

9519

From the foregoing appropriation item 600-689, TANF Block	9520
Grant, up to $1,000,000 in each fiscal year shall be used to	9521
support capacity-building efforts among faith-based and non-profit	9522
organizations, for the purpose of providing allowable services to	9523
TANF-eligible individuals. Organizations receiving these funds	9524
shall comply with all TANF requirements, and shall agree with the	9525
Department of Job and Family Services on reporting requirements to	9526
be incorporated into the grant agreement.	9527

TANF EDUCATION

9528

There is hereby established the Title IV-A Education Program	9529
to be administered by the Department of Education in accordance	9530
with an interagency agreement entered into with the Department of	9531
Job and Family Services under division (A)(2) of section 5101.801	9532
of the Revised Code. The program shall provide benefits and	9533
services to TANF eligible individuals with incomes at or below 200	9534
per cent of the federal poverty guidelines under a Title IV-A	9535
program pursuant to the requirements of section 5101.801 of the	9536
Revised Code. Upon approval by the Department of Job and Family	9537
Services, the Department of Education shall adopt policies and	9538
procedures establishing program requirements for eligibility,	9539
services, fiscal accountability, and other criteria necessary to	9540
comply with the provisions of Title IV-A of the "Social Security	9541
Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as amended.	9542

The Department of Job and Family Services shall reimburse the	9543
General Revenue Fund through intrastate transfer vouchers for	9544
allowable Title IV-A Head Start expenditures reported by the	9545
Department of Education in fiscal year 2002during the fiscal year	9546
2002-2003 biennium by amounts up to $76,156,175an amount not to	9547
exceed $175,000,000 from Fund 3V6, TANF Block Grant, and in fiscal	9548
year 2003, up to $98,843,825 from Fund 3V6, TANF Block Grant. The	9549
Department of Job and Family Services shall reimburse the General	9550
Revenue Fund through intrastate transfer vouchers for allowable	9551
Title IV-A student intervention services expenditures in fiscal	9552
year 2003 up to $35,000,000 from Fund 3V6, TANF Block Grant.	9553

COUNTY DEPARTMENTS OF JOB AND FAMILY SERVICES TITLE IV-A	9554
ADULT LITERACY AND CHILD READING PROGRAMS	9555

There is hereby established the Title IV-A Adult Literacy and	9556
Child Reading Program to be administered by the county departments	9557
of job and family services in accordance with division (B)(1) of	9558
section 5101.801 of the Revised Code. The program shall provide	9559
benefits and services to TANF-eligible individuals with incomes at	9560
or below 200 per cent of the federal poverty guidelines under a	9561
Title IV-A program pursuant to the requirements of section	9562
5101.801 of the Revised Code. The county departments of job and	9563
family services shall ensure program requirements for eligibility,	9564
services, fiscal accountability, and other criteria necessary to	9565
comply with the provisions of Title IV-A of the "Social Security	9566
Act," 110 Stat. 2113 (1996), 42 U.S.C. 601, as amended, and ensure	9567
that benefits and services are allowable uses of federal Title	9568
IV-A funds as specified in 42 U.S.C.A. 604(a), except that they	9569
may not be "assistance" as defined in 45 C.F.R. 260.31(a). The	9570
benefits and services shall be benefits and services that 45	9571
C.F.R. 260.31(b) excludes from the definition of "assistance."	9572
From the foregoing appropriation item 600-689, TANF Block Grant,	9573
up to $5,000,000 in each fiscal year shall be used to support	9574
local adult literacy and child reading programs.	9575

TALBERT HOUSE

9576

In each fiscal year, the Director of Job and Family Services	9577
shall provide $100,500 from appropriation item 600-689, TANF Block	9578
Grant, to the Hamilton County Department of Job and Family	9579
Services to contract with the Talbert House for the purpose of	9580
providing allowable services to TANF-eligible individuals with	9581
incomes at or below 200 per cent of the federal poverty	9582
guidelines. The contract between the Hamilton County Department	9583
of Job and Family Services and the Talbert House shall establish	9584
conditions for the reimbursement of allowable Title IV-A	9585
expenditures for services that are allowable uses of federal Title	9586
IV-A funds as specified in 42 U.S.C.A. 604(a), except that they	9587
may not be "assistance" as defined in 45 C.F.R. 260.31(a). The	9588
benefits and services shall be benefits and services that 45	9589
C.F.R. 260.31(b) excludes from the definition of "assistance." The	9590
contract shall also require Talbert House to comply with	9591
requirements of Title IV-A of the "Social Security Act," 110 Stat.	9592
2113 (1996), 42 U.S.C. 601, as amended, including eligibility of	9593
individuals, reporting requirements, allowable benefits and	9594
services, use of funds, and audit requirements, as specified in	9595
state and federal laws, federal regulations, state rules, federal	9596
Office of Management and Budget circulars, and the Title IV-A	9597
state plan.	9598

MONTGOMERY COUNTY OUT-OF-SCHOOL YOUTH PROJECT

9599

In each fiscal year, the Director of Job and Family Services	9600
shall provide $1,000,000 from appropriation item 600-689, TANF	9601
Block Grant, to the Montgomery County Department of Job and Family	9602
Services to be used to support the Out-of-School Youth Project in	9603
Montgomery County for the purpose of providing allowable services	9604
to TANF-eligible individuals. The Montgomery County Department of	9605
Job and Family Services and the Sinclair Community College shall	9606
comply with all TANF requirements, including reporting	9607
requirements and timelines, as specified in state and federal	9608
laws, federal regulations, state rules, and the Title IV-A state	9609
plan.	9610

APPALACHIAN TECHNOLOGY AND WORKFORCE DEVELOPMENT

9611

From the foregoing appropriation item 600-689, TANF Block	9612
Grant, the Director of Job and Family Services shall provide up to	9613
$15,000,000 to be awarded to the county departments of job and	9614
family services in the twenty-nine Appalachian counties. Each	9615
county shall be eligible to apply for an initial grant, or grants,	9616
the cumulative amount of which shall not exceed $500,000 per	9617
county. These funds shall be used by the county departments of job	9618
and family services in coordination with the Governor's Office of	9619
Appalachia, the Governor's Regional Economic Office, and local	9620
development districts. These funds shall be used for the	9621
following eligible activities: workforce development and	9622
supportive services; microenterprise development and other	9623
entrepreneurship activities; technology expansion, technical	9624
assistance, and training; youth job training; and improving	9625
existing technology centers, job creation and retention,	9626
purchasing technology, and technology upgrades. The funds may be	9627
used to leverage other state and local funds for eligible	9628
activities.	9629

As a condition on the use of these funds, each county	9630
department of job and family services shall have a committee that	9631
shall submit a plan for the intended use of these funds to the	9632
Governor's Office of Appalachia. The plan shall be reviewed by the	9633
Governor's Office of Appalachia, which may approve or disapprove	9634
the plan in whole or in part. The Governor's Office of Appalachia	9635
shall forward each final, approved plan to the Department of Job	9636
and Family Services. The plan must be developed and submitted by a	9637
county committee that includes, at a minimum, a county	9638
commissioner; a mayor of a municipality in the county; an economic	9639
development official from the county, local political subdivision,	9640
or development district; a representative of a chamber of commerce	9641
or a port authority in the county; a local or regional community	9642
action representative; and a representative from the county	9643
department of job and family services.	9644

The Governor's Office of Appalachia shall develop guidelines	9645
for the submission and approval of plans, guidelines for quarterly	9646
monitoring and reporting on program activities after funds are	9647
awarded, and any other guidelines necessary for the administration	9648
of the program. The Department of Job and Family Services shall	9649
provide technical assistance and advice to the Governor's Office	9650
of Appalachia to facilitate the administration of the funds. The	9651
Governor's Office of Appalachia shall develop guidelines for the	9652
reallocation of unawarded funds.	9653

Also as a condition on the use of these funds, each county	9654
shall acknowledge that these funds are a one-time allocation, not	9655
intended to fund services beyond June 30, 2003.	9656

In fiscal year 2002, the TANF allocation to each of the	9657
Appalachian counties shall not be less than the TANF allocation	9658
amount for fiscal year 2001, as allocated according to the	9659
methodology set forth in paragraph (I) of rule 5101-6-03 of the	9660
Administrative Code.	9661

The use of these funds shall comply with all TANF	9662
requirements, including reporting requirements and timelines, as	9663
specified in state and federal laws, federal regulations, state	9664
rules, and the Title IV-A state plan.	9665

CENTER FOR FAMILY AND CHILDREN

9666

Of the foregoing appropriation item 600-689, TANF Block	9667
Grant, $150,000 in fiscal year 2002 shall be provided to the	9668
Center for Family and Children.	9669

TANF FAMILY PLANNING

9670

The Director of Budget and Management shall transfer by	9671
intrastate voucher, no later than the fifteenth day of July of	9672
each fiscal year, cash from the General Revenue Fund,	9673
appropriation item 600-410, TANF State, to General Services Fund	9674
5C1 in the Department of Health, in an amount of $250,000 in each	9675
fiscal year for the purpose of family planning services for	9676
children or their families whose income is at or below 200 per	9677
cent of the official poverty guideline.	9678

TANF FEDERAL BLOCK GRANT FUNDS AND TRANSFERS

9679

From the foregoing appropriation items 600-410, TANF State;	9680
600-658, Child Support Collections; or 600-689, TANF Block Grant,	9681
or a combination of these appropriation items, no less than	9682
$369,040,735 in each fiscal year shall be allocated to county	9683
departments of job and family services as follows:	9684

Upon the request of the Department of Job and Family	9694
Services, the Director of Budget and Management may seek	9695
Controlling Board approval to increase appropriations in	9696
appropriation item 600-689, TANF Block Grant, provided sufficient	9697
Federal TANF Block Grant funds exist to do so, without any	9698
corresponding decrease in other appropriation items. The	9699
Department of Job and Family Services shall provide the Office of	9700
Budget and Management and the Controlling Board with documentation	9701
to support the need for the increased appropriation.	9702

All transfers of moneys from or charges against TANF Federal	9703
Block Grant awards for use in the Social Services Block Grant or	9704
the Child Care and Development Block Grant from either unobligated	9705
prior year appropriation authority in appropriation item 400-411,	9706
TANF Federal Block Grant, or 600-411, TANF Federal Block Grant, or	9707
from fiscal year 2002 and fiscal year 2003 appropriation authority	9708
in item 600-689, TANF Block Grant, shall be done ten days after	9709
the Department of Job and Family Services gives written notice to	9710
the Office of Budget and Management. The Department of Job and	9711
Family Services shall first provide the Office of Budget and	9712
Management with documentation to support the need for such	9713
transfers or charges for use in the Social Services Block Grant or	9714
in the Child Care and Development Block Grant.	9715

The Department of Job and Family Services shall in each	9716
fiscal year of the biennium transfer the maximum amount of funds	9717
from the federal TANF Block Grant to the federal Social Services	9718
Block Grant as permitted under federal law. Not later than July	9719
15, 2001, the Department of Job and Family Services shall draw	9720
$60,000,000 in receipts from TANF funds that were transferred into	9721
the Social Services Block Grant into State Special Revenue Fund	9722
5Q8, in the Office of Budget and Management. Not later than June	9723
1, 2002, the Director of Budget and Management shall determine the	9724
amount of funds in State Special Revenue Fund 5Q8 that is needed	9725
for the purpose of balancing the General Revenue Fund, and may	9726
transfer that amount to the General Revenue Fund. Not later than	9727
June 1, 2003, the Director of Budget and Management shall	9728
determine the amount of funds in State Special Revenue Fund 5Q8	9729
that is needed for the purpose of balancing the General Revenue	9730
Fund, and may transfer that amount to the General Revenue Fund.	9731
Any moneys remaining in State Special Revenue Fund 5Q8 on June 15,	9732
2003, shall be transferred not later than June 20, 2003, to Fund	9733
3V6, TANF Block Grant, in the Department of Job and Family	9734
Services.	9735

Before the thirtieth day of September of each fiscal year,	9736
the Department of Job and Family Services shall file claims with	9737
the United States Department of Health and Human Services for	9738
reimbursement for all allowable expenditures for services provided	9739
by the Department of Job and Family Services, or other agencies	9740
that may qualify for Social Services Block Grant funding pursuant	9741
to Title XX of the Social Security Act. The Department of Job and	9742
Family Services shall deposit, into Fund 5E6, State Option Food	9743
Stamps, $6 million, into Fund 5P4, TANF Child Welfare, $7.5	9744
million, into Fund 3W5, Health Care Services, $500,000, into Fund	9745
3W8, Hippy Program, $62,500, and into Fund 3W9, Adoption	9746
Connection, $50,000 and deposit in fiscal year 2002, into Fund	9747
3W2, Title XX Vocational Rehabilitation, $600,000, into Fund 162	9748
in the Department of Natural Resources, $7,885,349, and into Fund	9749
3W3, Adult Special Needs, $4,720,227 in receipts from TANF Block	9750
Grant funds credited to the Social Services Block Grant. In fiscal	9751
year 2003, if, pursuant to federal law, the state is allowed to	9752
transfer up to 10 per cent of the TANF block grant and no less	9753
than $72,796,826 for the purposes of reimbursing allowable	9754
expenditures for services provided by the Department of Job and	9755
Family Services, or other agencies that may qualify for Social	9756
Services Block Grant funding pursuant to Title XX of the Social	9757
Security Act, then the Department of Job and Family Services shall	9758
deposit $6 million into Fund 5E6, State Option Food Stamps, $7.5	9759
million into Fund 5P4 TANF Child Welfare, $897,052 into Fund 3W2,	9760
Title XX Vocational Rehabilitation, and $500,000 into Fund 3W5,	9761
Health Care Services. To the extent that the amount allowed to be	9762
transferred is less than the $72,796,826, then the amounts	9763
deposited into the above funds shall be reduced proportionally. On	9764
verification of the receipt of the above revenue, the funds	9765
provided by these transfers shall be used as follows:	9766

WELLNESS

9802

The foregoing appropriation item 600-690, Wellness, shall be	9803
used by county departments of job and family services for teen	9804
pregnancy prevention programming. Local contracts shall be	9805
developed between county departments of job and family services	9806
and local family and children first councils for the	9807
administration of TANF funding for this program."	9808

Section 72. That existing Section 63.09 of Am. Sub. H.B. 94	9809
of the 124th General Assembly, as most recently amended by Am.	9810
Sub. H.B. 405 of the 124th General Assembly, is hereby repealed.	9811

Section 73. That Section 30 of Am. Sub. H.B. 405 of the 124th	9812
General Assembly be amended to read as follows:	9813

"       Sec. 30. TRANSFERS FROMTO THE BUDGET STABILIZATION FUND

9814

Within ten working days after the end of fiscal year 2003,	9815
the Director of Budget and Management shall determine the General	9816
Revenue Fund tax revenues for fiscal year 2003. If the director	9817
finds that the tax revenues are greater than $17,037,900,000	9818
$17,263,500,000, the director shall transfer the amount that is in	9819
excess of $17,037,900,000$17,263,500,000 from the General Revenue	9820
Fund to the Budget Stabilization Fund."	9821

Section 74. That existing Section 30 of Am. Sub. H.B. 405 of	9822
the 124th General Assembly is hereby repealed.	9823

Section 75. Except as otherwise specifically provided in this	9824
act, the codified and uncodified sections of law amended or	9825
enacted by this act, and the items of law of which the codified	9826
and uncodified sections of law amended or enacted by this act are	9827
composed, are subject to the referendum. Therefore, under Ohio	9828
Constitution, Article II, Section 1c and section 1.471 of the	9829
Revised Code, the codified and uncodified sections of law amended	9830
or enacted by this act, and the items of law of which the codified	9831
and uncodified sections amended or enacted by this act are	9832
composed, take effect on the ninety-first day after this act is	9833
filed with the Secretary of State. If, however, a referendum	9834
petition is filed against any such codified or uncodified section	9835
of law as amended or enacted by this act, or against any item of	9836
law of which any such codified or uncodified section of law as	9837
amended or enacted by this act is composed, the codified or	9838
uncodified section of law as amended or enacted, or item of law,	9839
unless rejected at the referendum, takes effect at the earliest	9840
time permitted by law.	9841

Section 76. The amendments by this act to Sections 13, 13.01,	9842
13.05, 13.12, 32, 45, 56.01, 63.09, and 69 of Am. Sub. H.B. 94 of	9843
the 124th General Assembly are not subject to the referendum.	9844
Therefore, under Ohio Constitution, Article II, Section 1d and	9845
section 1.471 of the Revised Code, the amendments go into	9846
immediate effect when this act becomes law.	9847

Section 77. The amendment by this act to Section 30 of Am.	9848
Sub. H.B. 405 of the 124th General Assembly is not subject to the	9849
referendum. Therefore, under Ohio Constitution, Article II,	9850
Section 1d and section 1.471 of the Revised Code, the amendment	9851
goes into immediate effect when this act becomes law.	9852

Section 78. Section 55 of this act 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 section goes	9855
into immediate effect when this act becomes law.	9856

Section 79. If any item of law that constitutes the whole or	9857
part of a codified or uncodified section of law contained in this	9858
act, or if any application of any item of law that constitutes the	9859
whole or part of a codified or uncodified section of law contained	9860
in this act, is held invalid, the invalidity does not affect other	9861
items of law or applications of items of law that can be given	9862
effect without the invalid item of law or application. To this	9863
end, the items of law of which the codified and uncodified	9864
sections of law contained in this act are composed, and their	9865
applications, are independent and severable.	9866