SENATORS Amstutz, Spada, Carnes, Coughlin
A BILL
To amend sections
102.02, 109.71, 109.77, 122.171,
123.024, 123.10, 124.381, 124.82, 133.20, 145.01,
145.012, 145.33, 151.01, 151.40, 152.09, 152.10,
166.01, 166.02,
166.03, 166.04, 166.05, 166.06,
166.07, 166.08,
166.11, 183.021, 183.19, 183.30,
307.23, 715.02, 1561.351, 1565.04, 1565.15,
1711.11, 1711.53, 2113.031, 2901.01, 2921.51,
2935.01, 2935.03, 2935.031, 3318.01, 3318.011,
3318.03,
3318.031, 3318.032, 3318.033, 3318.042,
3318.08,
3318.084, 3318.086, 3318.10, 3318.12,
3318.15,
3318.19, 3318.25, 3318.26, 3318.311,
3318.36,
3354.16, 3355.12, 3357.16, 3383.01,
3383.02, 3383.03, 3519.04,
3702.5210,
3702.5211,
3702.5213, 3721.01, 3737.71,
4117.01,
4117.14,
4123.01, 4123.35, 4582.03, 4582.20, 4582.27,
4582.30,
4582.46, 5709.61,
5715.20, 5717.01,
5731.21, 5733.021,
5733.26,
5733.40, 5733.401,
5739.031, 5747.01,
5747.02,
5902.02, 5902.05,
5907.01, 5907.02,
5907.021,
5907.022, 5907.03,
5907.04, 5907.05,
5907.06,
5907.07, 5907.08,
5907.09, 5907.10,
5907.11,
5907.12, 5907.13,
5907.131, 5907.14,
5907.141,
5907.15, 6103.02, and
6103.25; to enact
new section
5747.231 and
sections
152.101,
166.12, 166.13,
166.14, 166.15,
166.16,
184.01,
184.02, 184.03,
307.675, 718.151,
3318.40,
3318.41,
3318.42,
3318.43, 3318.44,
3318.45,
3318.46,
3385.01,
3385.02, 3385.03,
3385.04,
3385.05,
3385.06,
3385.07, 3385.08,
3385.09,
3385.10,
5747.011,
5747.012, and 5907.023;
to
repeal
sections 183.20,
183.21, 183.22, 183.23,
183.24,
183.25, and
5747.231
of the Revised Code;
and to
amend Section
9 of Am. Sub. S.B. 242 of the
124th
General
Assembly to repeal Section 25 of Am.
Sub.
S.B. 261 of the 124th General Assembly to make
capital appropriations, to
modify other
appropriations for the biennium
ending
June 30,
2004, and to provide authorization
and
conditions
for the operation of state programs;
to amend the
version of section 2935.03 of the
Revised Code that
is scheduled to take effect
January 1, 2004, to
continue the provisions of this
act on and after
that effective date; to amend the
versions of
sections 5739.026 and 5739.033 of the
Revised Code
that are scheduled to take effect July
1, 2003, to
continue the provisions of this act on
and after
that effective date; and to repeal Section 32.01 of
this act on July 1, 2003.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1.01. That sections 102.02, 109.71, 109.77, 122.171,
123.024, 123.10, 124.381, 124.82, 133.20, 145.01, 145.012, 145.33,
151.01, 151.40, 152.09, 152.10, 166.01, 166.02, 166.03, 166.04,
166.05, 166.06,
166.07, 166.08, 166.11, 183.021, 183.19, 183.30,
307.23, 715.02, 1561.351, 1565.04, 1565.15,
1711.11, 1711.53,
2113.031, 2901.01, 2921.51, 2935.01, 2935.03,
2935.031,
3318.01,
3318.011, 3318.03, 3318.031, 3318.032,
3318.033,
3318.042,
3318.08, 3318.084, 3318.086, 3318.10, 3318.12,
3318.15,
3318.19,
3318.25, 3318.26, 3318.311, 3318.36, 3354.16,
3355.12,
3357.16,
3383.01, 3383.02, 3383.03, 3519.04, 3702.5210, 3702.5211,
3702.5213,
3721.01,
3737.71,
4117.01, 4117.14, 4123.01, 4123.35,
4582.03, 4582.20, 4582.27, 4582.30,
4582.46, 5709.61,
5715.20,
5717.01, 5731.21, 5733.021, 5733.26, 5733.40,
5733.401,
5739.031,
5747.01, 5747.02, 5902.02, 5902.05, 5907.01,
5907.02,
5907.021,
5907.022, 5907.03, 5907.04, 5907.05, 5907.06,
5907.07,
5907.08,
5907.09, 5907.10, 5907.11, 5907.12, 5907.13,
5907.131,
5907.14,
5907.141, 5907.15, 6103.02, and 6103.25 be
amended and
new section
5747.231 and sections
152.101, 166.12,
166.13,
166.14, 166.15,
166.16, 184.01, 184.02, 184.03, 307.675,
718.151,
3318.40,
3318.41, 3318.42, 3318.43, 3318.44, 3318.45,
3318.46,
3385.01,
3385.02, 3385.03, 3385.04, 3385.05, 3385.06,
3385.07,
3385.08,
3385.09, 3385.10, 5747.011, 5747.012, and
5907.023 of the
Revised
Code be enacted to read as follows:
Sec. 102.02. (A) Except as otherwise provided in division
(H) of this section, every person who is elected to or is a
candidate for a state, county, or city office, or the office of
member of the United States congress, and every person who is
appointed to fill a vacancy for an unexpired term in such an
elective office; all members of the state board of education;
the
director, assistant directors, deputy
directors, division chiefs,
or persons of equivalent rank of any
administrative department of
the state; the president or other
chief administrative officer of
every state institution of higher
education as defined in section
3345.011 of the Revised Code; the
chief executive officer of each
state retirement system; all
members of the board of commissioners
on grievances and
discipline of the supreme court and the ethics
commission created
under section 102.05 of the Revised Code; every
business manager,
treasurer, or superintendent of a city, local,
exempted village,
joint vocational, or cooperative education
school
district or an educational service center; every person who
is elected
to or is a candidate for
the office of member of a
board of education of a city, local,
exempted village, joint
vocational, or cooperative
education school district or of a
governing board of an educational service
center that has a total
student count of twelve thousand or more as most
recently
determined by the department of education pursuant to section
3317.03
of
the Revised Code; every person who is appointed to the
board of education
of a municipal school district pursuant to
division (B) or
(F) of section 3311.71 of the Revised Code; all
members of the board of
directors of a sanitary district
established under Chapter 6115.
of the Revised Code and organized
wholly for the purpose of providing a water
supply for
domestic,
municipal, and public use that includes two municipal corporations
in two counties; every public official or
employee who is paid a
salary or wage in accordance with schedule C of section 124.15 or
schedule E-2 of section 124.152 of the Revised Code; members of
the board
of trustees and the executive director of the tobacco
use prevention and
control foundation; members of the board of
trustees and the executive
director of the southern Ohio
agricultural and community development
foundation;
members and the
executive director of the biomedical research and
technology
transfer commission; and every
other public official or employee
who is designated by the
appropriate ethics commission pursuant to
division (B) of this
section shall file with the appropriate
ethics commission on a
form prescribed by the commission, a
statement disclosing all of the
following:
(1) The name of the person filing the statement and each
member of the person's immediate family and all names under
which
the
person or members of the person's immediate family do
business;
(2)(a) Subject to divisions (A)(2)(b) and (c) of this
section and except as otherwise provided in section 102.022 of
the
Revised Code, identification of every source of income, other
than
income from a legislative agent identified in division
(A)(2)(b)
of this section, received during the preceding calendar
year, in
the person's own name or by any other person for
the person's use
or
benefit, by the person filing the statement, and a brief
description of the nature of the services for which the income
was
received. If the person filing the statement is a member of
the
general assembly, the statement shall identify the amount of
every
source of income received in accordance with the following
ranges
of amounts: zero or more, but less than one thousand
dollars; one
thousand dollars or more, but less than ten thousand
dollars; ten
thousand dollars or more, but less than twenty-five
thousand
dollars; twenty-five thousand dollars or more, but less
than fifty
thousand dollars; fifty thousand dollars or more, but
less than
one hundred thousand dollars; and one hundred thousand
dollars or
more. Division (A)(2)(a) of this section shall not be
construed
to require a person filing the statement who derives
income from a
business or profession to disclose the individual
items of income
that constitute the gross income of that business
or profession,
except for those individual items of income that
are attributable
to the person's or, if the income is shared with
the person, the
partner's, solicitation of services or goods or
performance,
arrangement, or facilitation of services or
provision of goods on
behalf of the business or profession of
clients, including
corporate clients, who are legislative agents
as defined in
section 101.70 of the Revised Code. A person who
files the
statement under this section shall disclose the
identity of and
the amount of income received from a person
who
the public
official or employee knows or has reason to know is
doing or
seeking to do business of any kind with the public
official's or
employee's agency.
(b) If the person filing the statement is a member of the
general assembly, the statement shall identify every source of
income and the amount of that income that was received from a
legislative agent, as defined in section 101.70 of the Revised
Code, during the preceding calendar year, in the person's
own name
or by
any other person for the person's use or benefit, by the
person filing the
statement, and a brief description of the nature
of the services
for which the income was received. Division
(A)(2)(b) of this
section requires the disclosure of clients of
attorneys or
persons licensed under section 4732.12 of the Revised
Code, or
patients of persons certified under section 4731.14 of
the
Revised Code, if those clients or patients are legislative
agents.
Division (A)(2)(b) of this section requires a person
filing the
statement who derives income from a business or
profession to
disclose those individual items of income that
constitute the
gross income of that business or profession that
are received
from legislative agents.
(c) Except as otherwise provided in division (A)(2)(c) of
this section, division (A)(2)(a) of this section applies to
attorneys, physicians, and other persons who engage in the
practice of a profession and who, pursuant to a section of the
Revised Code, the common law of this state, a code of ethics
applicable to the profession, or otherwise, generally are
required
not to reveal, disclose, or use confidences of clients,
patients,
or other recipients of professional services except
under
specified circumstances or generally are required to
maintain
those types of confidences as privileged communications
except
under specified circumstances. Division (A)(2)(a) of this
section
does not require an attorney, physician, or other
professional
subject to a confidentiality requirement as
described in division
(A)(2)(c) of this section to disclose the
name, other identity, or
address of a client, patient, or other
recipient of professional
services if the disclosure would
threaten the client, patient, or
other recipient of professional
services, would reveal details of
the subject matter for which
legal, medical, or professional
advice or other services were
sought, or would reveal an otherwise
privileged communication
involving the client, patient, or other
recipient of professional
services. Division (A)(2)(a) of this
section does not require an
attorney, physician, or other
professional subject to a
confidentiality requirement as described
in division (A)(2)(c) of
this section to disclose in the brief
description of the nature
of services required by division
(A)(2)(a) of this section any
information pertaining to specific
professional services rendered
for a client, patient, or other
recipient of professional
services that would reveal details of
the subject matter for
which legal, medical, or professional
advice was sought or would
reveal an otherwise privileged
communication involving the
client, patient, or other recipient of
professional services.
(3) The name of every corporation on file with the
secretary
of state that is incorporated in this state or
holds a
certificate
of compliance authorizing it to do business in this
state, trust,
business trust, partnership, or association that
transacts
business in this state in which the person filing
the statement or
any other person for the person's use and
benefit had during
the
preceding calendar year an investment of over one thousand
dollars
at fair market value as of the thirty-first day of
December of the
preceding calendar year, or the date of
disposition, whichever is
earlier, or in which the person holds
any office or has a
fiduciary relationship, and a description of
the nature of the
investment, office, or relationship. Division
(A)(3) of this
section does not require
disclosure of the name of any bank,
savings and loan association, credit union, or building and loan
association with which the person filing the statement has a
deposit or a withdrawable share account.
(4) All fee simple and leasehold interests to which the
person filing the statement holds legal title to or a beneficial
interest in real property located within the state, excluding the
person's residence and property used primarily for personal
recreation;
(5) The names of all persons residing or transacting
business in the state to whom the person filing the statement
owes, in the person's own name or in the name of any other
person,
more
than one thousand dollars. Division (A)(5)
of this section
shall not be construed
to require the disclosure of debts owed by
the person resulting
from the ordinary conduct of a business or
profession or debts on
the person's residence or real property
used primarily for
personal recreation, except that the
superintendent of financial
institutions shall disclose the
names
of all
state-chartered savings and loan associations and of
all
service
corporations subject to regulation under division (E)(2)
of
section 1151.34 of the Revised Code to whom the superintendent
in
the superintendent's own name or in the name of any other
person owes any money,
and that the superintendent and any deputy
superintendent of banks shall disclose the names of all
state-chartered
banks and all bank subsidiary corporations subject
to regulation
under section 1109.44 of the Revised Code to whom
the superintendent or deputy superintendent owes any money.
(6) The names of all persons residing or transacting
business in the state, other than a depository excluded under
division (A)(3) of this section, who owe more than one
thousand
dollars to the person filing the statement, either in the
person's
own
name or to any person for the person's use or benefit.
Division
(A)(6) of this section
shall not be construed to require
the disclosure of clients of
attorneys or persons licensed under
section 4732.12 or 4732.15 of
the Revised Code, or patients of
persons certified under section
4731.14 of the Revised Code, nor
the disclosure of debts owed to
the person resulting from the
ordinary conduct of a business or
profession.
(7) Except as otherwise provided in section 102.022 of the
Revised Code, the source of each gift of over seventy-five
dollars, or of each gift of over twenty-five dollars received by
a
member of the general assembly from a legislative agent,
received
by the person in the person's own name or by any
other person for
the person's use or benefit during the preceding calendar
year,
except
gifts received by will or by virtue of section 2105.06 of
the
Revised Code, or received from spouses, parents, grandparents,
children, grandchildren, siblings, nephews, nieces, uncles,
aunts,
brothers-in-law, sisters-in-law, sons-in-law,
daughters-in-law,
fathers-in-law, mothers-in-law, or any person
to whom the person
filing the statement stands in loco parentis,
or received by way
of distribution from any inter vivos or
testamentary trust
established by a spouse or by an ancestor;
(8) Except as otherwise provided in section 102.022 of the
Revised Code, identification of the source and amount of every
payment of expenses incurred for travel to destinations inside or
outside this state that is received by the person in the
person's
own name
or by any other person for the person's use or benefit
and
that is
incurred in connection with the person's official
duties, except
for expenses for travel to meetings or conventions
of a national
or state organization to which
any state agency,
including, but not limited to, any legislative agency or state
institution of
higher
education as defined in section
3345.011 of
the Revised
Code,
pays
membership dues, or any political
subdivision or any
office or
agency of a political subdivision
pays membership dues;
(9) Except as otherwise provided in section 102.022 of the
Revised Code, identification of the source of payment of expenses
for meals and other food and beverages, other than for meals and
other food and beverages provided at a meeting at which the
person
participated in a panel, seminar, or speaking engagement
or at a
meeting or convention of a national or state organization
to which
any state agency, including, but not limited to, any legislative
agency or
state institution of higher education as
defined in
section
3345.011 of the Revised Code,
pays membership dues, or
any
political subdivision or any
office or agency of a political
subdivision pays membership dues,
that are incurred in connection
with the person's official duties
and that exceed one hundred
dollars aggregated per calendar year;
(10) If the financial disclosure statement is filed by a
public official or employee described in division (B)(2) of
section 101.73 of the Revised Code or division (B)(2) of section
121.63 of the Revised Code who receives a statement from a
legislative agent, executive agency lobbyist, or employer that
contains the information described in division (F)(2) of section
101.73 of the Revised Code or division (G)(2) of section 121.63
of
the Revised Code, all of the nondisputed information contained
in
the statement delivered to that public official or employee by
the
legislative agent, executive agency lobbyist, or employer
under
division (F)(2) of section 101.73 or (G)(2) of section
121.63 of
the Revised Code. As used in division (A)(10) of this
section,
"legislative agent,"
"executive agency
lobbyist," and
"employer"
have the same meanings as in sections 101.70 and
121.60 of the
Revised Code.
A person may file a statement required by this section in
person or by mail. A person who is a candidate for elective
office shall file the statement no later than the thirtieth
day
before the primary, special, or general election at which
the
candidacy is to be voted on, whichever election occurs
soonest,
except that a person who is a write-in candidate shall file the
statement no later than the twentieth day before the earliest
election at which the person's candidacy is to be voted on.
A
person who
holds elective office shall file the statement on or
before
the
fifteenth day of April of each year unless the person
is a
candidate for
office. A person who is appointed to fill a
vacancy for an
unexpired term in an elective office shall file the
statement
within fifteen days after the person qualifies for
office.
Other persons
shall file an annual statement on or before
the fifteenth day of
April or, if appointed or employed after that
date, within ninety
days after appointment or employment. No
person shall be
required to file with the appropriate ethics
commission more than
one statement or pay more than one filing fee
for any one
calendar year.
The appropriate ethics commission, for good cause, may
extend
for a reasonable time the deadline for filing a
statement under
this section.
A statement filed under this section is subject to public
inspection at locations designated by the appropriate ethics
commission except as otherwise provided in this section.
(B) The Ohio ethics commission, the joint legislative
ethics
committee, and the board of commissioners on grievances
and
discipline of the supreme court, using the rule-making
procedures
of Chapter 119. of the Revised Code, may require any
class of
public officials or employees under its jurisdiction and
not
specifically excluded by this section whose positions involve
a
substantial and material exercise of administrative discretion
in
the formulation of public policy, expenditure of public funds,
enforcement of laws and rules of the state or a county or city,
or
the execution of other public trusts, to file an annual
statement
on or before the fifteenth day of April under division
(A) of this
section. The appropriate ethics commission shall
send the public
officials or employees written notice of the
requirement by the
fifteenth day of February of each year the
filing is required
unless the public official or employee is
appointed after that
date, in which case the notice shall be sent
within thirty days
after appointment, and the filing shall be
made not later than
ninety days after appointment.
Except for disclosure
statements filed by members of the
board of trustees and the executive
director of the tobacco use
prevention and control foundation,
and members of the
board of
trustees and the executive director of the southern Ohio
agricultural and community development foundation, and members and
the
executive director of the biomedical research and technology
transfer
commission, disclosure
statements filed under this
division with the
Ohio ethics commission by members of boards,
commissions, or
bureaus of the state for which no compensation is
received other
than reasonable and necessary expenses shall be
kept confidential. Disclosure
statements filed
with the Ohio
ethics commission under division (A) of this
section by business
managers, treasurers, and superintendents of
city, local, exempted
village, joint vocational, or
cooperative education school
districts or educational service centers shall be
kept
confidential, except that any person conducting an audit of any
such school district
or educational service center pursuant to
section 115.56 or Chapter 117.
of the Revised Code may examine the
disclosure statement of any
business manager, treasurer, or
superintendent of that school
district or educational service
center. The Ohio ethics commission shall
examine each disclosure
statement required to be kept confidential to
determine whether a
potential conflict of interest exists for the
person who filed the
disclosure statement. A potential conflict
of interest exists if
the private interests of the person, as
indicated by the person's
disclosure statement, might
interfere with the
public interests
the person is required to serve in the
exercise of the person's
authority and duties in
the person's office or position of
employment. If
the commission determines that a potential
conflict of interest
exists, it shall notify the person who filed
the disclosure
statement and shall make the portions of the
disclosure statement
that indicate a potential conflict of
interest subject to public
inspection in the same manner as is
provided for other disclosure
statements. Any portion of the
disclosure statement that the
commission determines does not
indicate a potential conflict of
interest shall be kept
confidential by the commission and shall
not be made subject to
public inspection, except as is necessary
for the enforcement of
Chapters 102. and 2921. of the Revised
Code and except as
otherwise provided in this
division.
(C) No person shall knowingly fail to file, on or before
the
applicable filing deadline established under this section, a
statement that is required by this section.
(D) No person shall knowingly file a false statement that
is
required to be filed under this section.
(E)(1) Except as provided in divisions (E)(2) and (3) of
this section,
the statement required
by division
(A) or (B) of
this section shall be accompanied by a
filing fee of twenty-five
dollars.
(2) The statement required by division (A) of this section
shall be accompanied by a filing fee to be paid by the person who
is elected or appointed to, or is a candidate for, any of the
following offices:
|
For state office, except member of |
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|
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state board of education |
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$50 |
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For office of member of United States |
|
|
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congress or member of general assembly |
|
$25 |
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For county office |
|
$25 |
|
For city office |
|
$10 |
|
For office of member of state board |
|
|
|
of education |
|
$20 |
|
For office of member of city, local, |
|
|
|
exempted village, or cooperative |
|
|
|
education board of |
|
|
|
education or educational service |
|
|
|
center governing board |
|
$ 5 |
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For position of business manager, |
|
|
|
treasurer, or superintendent of |
|
|
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city, local, exempted village, joint |
|
|
|
vocational, or cooperative education |
|
|
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school district or |
|
|
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educational service center |
|
$ 5 |
(3) No judge of a court of record or candidate for judge
of
a court
of record, and no referee or magistrate serving a
court of
record, shall be required to pay the fee required under
division
(E)(1) or (2) or (F) of this section.
(4) For any public official who is appointed to a
nonelective office of the state and for any employee who holds a
nonelective position in a public agency of the state, the state
agency that is the primary employer of the state official or
employee shall pay the fee required under division (E)(1) or (F)
of this section.
(F) If a statement required to be filed under this section
is not filed by the date on which it is required to be filed, the
appropriate ethics commission shall assess the person required to
file the statement a late filing fee equal to one-half of the
applicable filing fee for each day the statement is not filed,
except that the total amount of the late filing fee shall not
exceed one hundred dollars.
(G)(1) The appropriate ethics commission other than the
Ohio
ethics commission shall deposit all fees it receives under
divisions (E) and (F) of this section into the general revenue
fund of the state.
(2) The Ohio ethics commission shall deposit all receipts,
including, but
not limited to, fees it
receives under divisions
(E) and (F) of this section and all
moneys it receives from
settlements under division (G) of section
102.06 of the Revised
Code, into the Ohio ethics commission fund,
which is hereby
created in the state treasury. All moneys
credited to the fund
shall be used solely for expenses related to
the operation and
statutory functions of the commission.
(H) Division (A) of this section does not apply to a
person
elected or appointed to the office of precinct, ward, or
district
committee member under Chapter 3517. of the Revised
Code; a
presidential elector; a delegate to a national
convention; village
or township officials and employees; any
physician or psychiatrist
who is paid a salary or wage in
accordance with schedule C of
section 124.15 or schedule E-2 of
section 124.152 of the Revised
Code and whose primary duties do
not require the exercise of
administrative discretion; or any
member of a board, commission,
or bureau of any county or city
who receives less than one
thousand dollars per year for serving
in that position.
Sec. 109.71. There is hereby created in the office of the
attorney general the Ohio peace officer training commission. The
commission shall consist of nine members appointed by the governor
with the advice and consent of the senate and selected as
follows:
one member representing the public; two members who are
incumbent
sheriffs; two members who are incumbent chiefs of
police; one
member from the bureau of criminal identification and
investigation; one member from the state highway patrol; one
member who is the special agent in charge of a field office of
the
federal bureau of investigation in this state; and one member
from
the department of education, trade and industrial
education
services, law enforcement training.
As used in sections 109.71 to 109.77 of the Revised Code:
(A) "Peace officer" means:
(1) A deputy sheriff, marshal, deputy marshal, member of
the
organized police department of a township or municipal
corporation, member of a township police district or joint
township police district police force, member of a police force
employed by a metropolitan housing authority under division (D)
of
section 3735.31 of the Revised Code, or township constable,
who is
commissioned and employed as a peace officer by a
political
subdivision of this state or by a metropolitan housing
authority,
and whose primary duties are to preserve the peace, to
protect
life and property, and to enforce the laws of this state,
ordinances of a municipal corporation, resolutions of a township,
or regulations of a board of county commissioners or board of
township trustees, or any of those laws, ordinances,
resolutions,
or regulations;
(2) A police officer who is employed by a railroad company
and
appointed and commissioned by the governor pursuant to
sections
4973.17 to 4973.22 of the Revised Code;
(3) Employees of the department of taxation engaged in the
enforcement of Chapter 5743. of the Revised Code and designated
by
the tax commissioner for peace officer training for purposes
of
the delegation of investigation powers under section 5743.45
of
the Revised Code;
(4) An undercover drug agent;
(5) Enforcement agents of the
department of public safety
whom the director of
public safety designates under section
5502.14 of the Revised
Code;
(6) An employee of the department of natural resources who
is a natural resources law enforcement staff officer designated
pursuant to
section 1501.013, a park officer designated pursuant
to
section
1541.10, a
forest officer designated pursuant to
section 1503.29, a preserve
officer designated pursuant to section
1517.10, a wildlife officer designated
pursuant to section
1531.13, or a state watercraft
officer designated pursuant to
section 1547.521 of the Revised
Code;
(7) An employee of a park district who is designated
pursuant to section 511.232 or 1545.13 of the Revised Code;
(8) An employee of a conservancy district who is
designated
pursuant to section 6101.75 of the Revised Code;
(9) A police officer who is employed by a hospital that
employs and maintains its own proprietary police department or
security department, and who is appointed and commissioned by the
governor pursuant to sections 4973.17 to 4973.22 of the Revised
Code;
(10)
Ohio veterans' home
Veterans' homes police officers
designated under
section 5907.02 of the Revised Code;
(11) A police officer who is employed by a qualified
nonprofit corporation police department pursuant to section
1702.80 of the Revised Code;
(12) A state university law enforcement officer appointed
under section 3345.04 of the Revised Code or a person serving as a
state
university law enforcement officer on a permanent basis on
June 19,
1978, who has been awarded a certificate by the executive
director of the
Ohio peace officer training council attesting to
the person's
satisfactory completion of an approved state, county,
municipal, or department
of natural resources peace officer basic
training program;
(13) A special police officer employed by the department of
mental health pursuant to section 5119.14 of the Revised Code or
the department of mental retardation and developmental
disabilities pursuant to section 5123.13 of the Revised Code;
(14) A member of a campus police department appointed
under
section 1713.50 of the Revised Code;
(15) A member of a police force employed by a regional
transit authority
under division (Y) of section 306.35 of the
Revised Code;
(16) Investigators appointed by the auditor of state
pursuant to
section
117.091 of the Revised Code and engaged in the
enforcement of Chapter 117. of
the Revised Code;
(17) A special police officer designated by the
superintendent of the
state highway patrol pursuant to section
5503.09 of the Revised Code
or a person who was serving as a
special police officer pursuant
to that section
on a permanent
basis on
October 21, 1997, and who has
been awarded a certificate
by the executive director of the
Ohio peace officer training
commission attesting to the person's satisfactory completion of
an
approved state, county, municipal, or department of natural
resources peace officer basic training program;
(19)(18) A special police officer employed by a port
authority under section
4582.04 or 4582.28 of the Revised Code
or
a person serving as a special police officer employed
by a port
authority on a permanent basis on
the effective date
of this
amendment
May 17, 2000, who has been
awarded a certificate by the
executive director of the Ohio
peace officer training council
attesting to the person's
satisfactory completion of an approved
state, county, municipal,
or department of natural resources peace
officer basic training
program.
(B) "Undercover drug agent" has the same meaning as in
division (B)(2) of section 109.79 of the Revised Code.
(C) "Crisis intervention training" means training in the
use
of interpersonal and communication skills to most effectively
and
sensitively interview victims of rape.
(D) "Missing children" has the same meaning as in section
2901.30 of the Revised Code.
Sec. 109.77. (A) As used in this section, "felony" has the
same meaning
as in section 109.511 of the Revised Code.
(B)(1) Notwithstanding any general, special,
or local law or
charter to the contrary, and except as otherwise
provided in this
section, no person shall receive an original
appointment on a
permanent basis as any of the following unless
the person
previously has been awarded a certificate by the
executive
director of the Ohio peace officer training commission
attesting
to the person's satisfactory completion of an approved
state,
county, municipal, or department of natural resources
peace
officer basic training program:
(a) A peace officer of any county, township, municipal
corporation, regional transit authority, or metropolitan housing
authority;
(b) A natural resources law enforcement staff officer, park
officer, forest officer, preserve officer,
wildlife officer, or
state watercraft officer of the department
of natural resources;
(c) An employee of a park district under section 511.232
or
1545.13 of the Revised Code;
(d) An employee of a conservancy district who is
designated
pursuant to section 6101.75 of the Revised Code;
(e) A state university law enforcement officer;
(f) A special police officer employed by the department of
mental health pursuant to section 5119.14 of the Revised Code or
the department of mental retardation and developmental
disabilities pursuant to section 5123.13 of the Revised Code;
(g) An enforcement agent of the
department of public
safety
whom the director of public safety designates
under section
5502.14 of the Revised Code;
(h) A special police officer employed by a port authority
under
section 4582.04 or 4582.28 of the Revised Code.
(2) Every person who is appointed on a temporary basis or
for a probationary term or on other than a permanent basis as any
of the following shall forfeit the appointed position unless
the
person previously has completed
satisfactorily or, within the time
prescribed by rules adopted by the attorney general pursuant to
section 109.74 of the Revised Code, satisfactorily completes a
state, county, municipal, or department of natural resources
peace
officer basic training program for temporary or
probationary
officers and is awarded a certificate by the
director attesting to
the satisfactory completion of the program:
(a) A peace officer of any county, township, municipal
corporation, regional transit authority, or metropolitan housing
authority;
(b) A natural resources law enforcement staff officer, park
officer, forest officer, preserve officer,
wildlife officer, or
state watercraft officer of the department
of natural resources;
(c) An employee of a park district under section 511.232
or
1545.13 of the Revised Code;
(d) An employee of a conservancy district who is
designated
pursuant to section 6101.75 of the Revised Code;
(e) A special police officer employed by the department of
mental health pursuant to section 5119.14 of the Revised Code or
the department of mental retardation and developmental
disabilities pursuant to section 5123.13 of the Revised Code;
(f) An enforcement agent of the
department of public
safety
whom the director of public safety designates
under section
5502.14 of the Revised Code;
(g) A special police officer employed by a port authority
under
section 4582.04 or 4582.28 of the Revised Code.
(3) For purposes of division (B) of this section, a state,
county, municipal, or department of natural resources peace
officer basic training program, regardless of whether the program
is to be completed by peace officers appointed on a permanent or
temporary, probationary, or other nonpermanent basis, shall
include at least fifteen hours of training in the handling of the
offense of domestic violence, other types of domestic
violence-related offenses and incidents, and protection orders
and
consent agreements issued or approved under section 2919.26
or
3113.31 of the Revised Code and at least six hours of crisis
intervention training. The requirement to complete fifteen hours
of training in the handling of the offense of domestic violence,
other types of domestic violence-related offenses and incidents,
and protection orders and consent agreements issued or approved
under section 2919.26 or 3113.31 of the Revised Code does not
apply to any person serving as a peace officer on March 27, 1979,
and the requirement to complete six hours of training in crisis
intervention does not apply to any person serving as a peace
officer on April 4, 1985. Any person who is serving as a peace
officer on April 4, 1985, who terminates that employment after
that date, and who subsequently is hired as a peace officer by
the
same or another law enforcement agency shall complete the six
hours of training in crisis intervention within the time
prescribed by rules adopted by the attorney general pursuant to
section 109.742 of the Revised Code. No peace officer shall have
employment as a peace officer terminated and then be reinstated
with intent to
circumvent this section.
(4) Division (B) of this section does not apply to any
person serving on a permanent basis on March 28, 1985, as a park
officer, forest officer, preserve officer, wildlife officer, or
state watercraft officer of the department of natural resources
or
as an employee of a park district under section 511.232 or
1545.13
of the Revised Code, to any person serving on a permanent
basis on
March 6, 1986, as an employee of a conservancy district
designated
pursuant to section 6101.75 of the Revised Code, to
any person
serving on a permanent basis on January 10, 1991, as a
preserve
officer of the department of natural resources, to
any person
employed on a permanent basis on July 2, 1992, as a
special police
officer by the
department of mental health pursuant to section
5119.14 of the
Revised Code or by the department of mental
retardation and
developmental disabilities pursuant to section
5123.13 of the
Revised Code, to any person serving on a permanent
basis on
the effective
date of this amendment
May 17, 2000, as a
special
police officer employed by a port authority under section
4582.04 or 4582.28
of the Revised Code, to any person serving on a
permanent basis on
June 19, 1978, as a state university law
enforcement officer pursuant
to section 3345.04 of the Revised
Code and who, immediately prior to June 19,
1978, was serving as a
special police officer
designated under authority of that section,
or to any person serving
on a permanent basis on September 20,
1984, as a liquor control
investigator, known after June 30, 1999,
as an enforcement agent of
the department of public safety,
engaged in the enforcement of
Chapters 4301. and 4303. of the
Revised Code.
(5) Division (B) of this section does not apply to any
person who is appointed as a regional transit authority police
officer
pursuant to division (Y) of section 306.35 of the Revised
Code if, on or
before July 1, 1996, the person has completed
satisfactorily an approved
state, county, municipal, or department
of natural resources peace officer
basic training program and has
been awarded a certificate by the executive
director of the Ohio
peace officer training commission attesting to the
person's
satisfactory completion of such an approved program and if, on
July 1, 1996, the person is performing peace officer functions for
a
regional transit authority.
(C) No person, after September 20, 1984, shall receive an
original appointment on a permanent basis as
an Ohio
a veterans'
home police
officer
designated under section
5907.02 of the
Revised
Code unless the person previously has been awarded a
certificate
by the executive director of the Ohio peace officer
training commission
attesting to the person's satisfactory
completion of an approved
police officer basic training program.
Every person who is appointed
on
a temporary basis or for a
probationary term or on other than a
permanent basis as
an Ohio
a
veterans' home police officer
designated under section 5907.02 of
the Revised Code shall
forfeit that position unless the person
previously has
completed satisfactorily or, within one year from
the time of appointment,
satisfactorily completes an approved
police officer basic training
program.
(D) No bailiff or deputy bailiff of a court of record of
this state and no criminal investigator who is employed by the
state public defender shall carry a firearm, as defined in
section
2923.11 of the Revised Code, while on duty unless the
bailiff,
deputy bailiff, or criminal investigator has
done or received one
of the following:
(1) Has been awarded a certificate by the executive director
of the Ohio
peace officer training commission, which certificate
attests to
satisfactory completion of an approved state, county,
or
municipal basic training program for bailiffs and deputy
bailiffs
of courts of record and for criminal investigators
employed by
the state public defender that has been recommended by
the Ohio
peace officer training commission;
(2) Has successfully completed
a firearms training program
approved by the Ohio peace officer training
commission prior to
employment as a bailiff, deputy
bailiff, or criminal investigator;
(3) Prior to June 6, 1986,
was authorized to carry a firearm
by the court that
employed the bailiff or deputy bailiff or, in
the case of a criminal
investigator, by the state public defender
and has received
training in the use of firearms that the Ohio
peace officer training
commission determines is equivalent to the
training that
otherwise is required by division (D) of this
section.
(E)(1) Prior to awarding any
certificate prescribed in this
section, the executive director of
the Ohio peace officer training
commission shall request the
person to whom the certificate is to
be awarded to disclose, and
the person shall disclose, any
previous criminal conviction of or
plea of guilty of that person
to a felony.
(2) Prior to the
award by the executive director of the
commission of any
certificate prescribed in this section, the
prospective employer of the person
to whom the certificate is to
be awarded or the commander of the peace officer
training school
attended by that person shall request the bureau of criminal
identification and
investigation to conduct a criminal history
records check on the person. Upon
receipt of the request, the
bureau promptly shall conduct a criminal history
records check on
the person and, upon completion of the check, promptly shall
provide a copy of the criminal history records check to the
prospective
employer or peace officer training school commander
that made the request.
Upon receipt of the copy of the
criminal
history records check from the bureau, the prospective employer or
peace officer training school commander that made the request
shall submit the
copy to the executive director of
the Ohio peace
officer training commission. The
executive director shall not
award any certificate prescribed in this section
unless the
executive director has received a copy of the criminal history
records check on the person to whom the certificate is to be
awarded.
(3) The executive director of the commission shall not award
a certificate
prescribed in this section to a person who has been
convicted of or has
pleaded guilty to a felony or who fails to
disclose any
previous criminal conviction of or plea of guilty to
a
felony as required under division (E)(1) of this section.
(4) The executive director of the commission shall revoke
the certificate
awarded to a person as prescribed in this section,
and that
person shall forfeit all of the benefits derived from
being
certified as a peace officer under this section, if the
person,
prior to the award of the certificate, failed to disclose
any
previous criminal conviction of or plea of guilty to a
felony
as required under division (E)(1)
of this section.
(F)(1) Regardless of whether the person has been awarded the
certificate or has been classified as a peace officer prior to,
on, or after
October 16,
1996,
the
executive director of the
Ohio
peace officer training commission shall revoke any
certificate
that has been awarded to a person as prescribed in
this section if
the person does either of the following:
(a) Pleads guilty to a felony committed on or after
January
1, 1997.
(b) Pleads guilty to a misdemeanor
committed on or after
January 1, 1997, pursuant to a negotiated plea
agreement as
provided in
division (D) of section 2929.29 of the Revised Code
in
which the person agrees
to surrender the certificate awarded to
the person under this
section.
(2) The executive director of the commission shall suspend
any
certificate that has been awarded to a person as prescribed in
this section if the person is convicted, after trial, of a
felony
committed on or after January 1,
1997. The executive director
shall suspend the certificate
pursuant to division (F)(2) of this
section
pending the outcome of an appeal by the
person from that
conviction to the
highest court to which the appeal is taken or
until the
expiration of the period in which an appeal is required
to be
filed. If the person files an appeal that results in that
person's
acquittal of the felony or conviction of a misdemeanor,
or in the dismissal of
the felony charge against that person, the
executive
director shall reinstate the certificate awarded to the
person
under this section. If the person files an appeal from
that person's
conviction of the felony and the conviction is
upheld by the highest court to which the appeal is taken or if
the
person does not file a timely appeal, the executive director
shall
revoke the certificate awarded to the person under this
section.
(G)(1) If a person is awarded a certificate under
this
section and the certificate is revoked pursuant to division
(E)(4)
or
(F) of this section, the person shall not be eligible to
receive, at
any time, a certificate attesting to the person's
satisfactory completion of a
peace officer basic training program.
(2) The revocation or suspension of a certificate under
division
(E)(4) or (F) of this section shall be in accordance with
Chapter 119. of the Revised Code.
(H)(1) A person who was employed as a peace officer of a
county, township, or municipal corporation of the state on
January
1, 1966, and who has completed at least sixteen years of
full-time
active service as such a peace officer may receive an
original
appointment on a permanent basis and serve as a peace
officer of a
county, township, or municipal corporation, or as a
state
university law enforcement officer, without complying with
the
requirements of division (B) of this section.
(2) Any person who held an appointment as a state highway
trooper on January 1, 1966, may receive an original appointment
on
a permanent basis and serve as a peace officer of a county,
township, or municipal corporation, or as a state university law
enforcement officer, without complying with the requirements of
division (B) of this section.
(I) No person who is appointed as a peace officer of a
county, township, or municipal corporation on or after April 9,
1985, shall serve as a peace officer of that county, township, or
municipal corporation unless the person has received training in
the
handling of missing children and child abuse and neglect cases
from an approved state, county, township, or municipal police
officer basic training program or receives the training within the
time
prescribed by rules adopted by the attorney general pursuant
to
section 109.741 of the Revised Code.
(J) No part of any approved state, county, or municipal
basic training program for bailiffs and deputy bailiffs of courts
of record and no part of any approved state, county, or municipal
basic training program for criminal investigators employed by the
state public defender shall be used as credit toward the
completion by a peace officer of any part of the approved state,
county, or municipal peace officer basic training program that
the
peace officer is required by this section to complete
satisfactorily.
(K) This section does not apply to any member of the
police
department of a municipal corporation in an adjoining
state
serving in this state under a contract pursuant to section
737.04
of the Revised Code.
Sec. 122.171. (A) As used in this section:
(1) "Capital investment project" means a plan of investment
at a project site for the acquisition, construction, renovation,
or repair of
buildings, machinery, or equipment,
or for
capitalized costs of basic research and new product development
determined in accordance with generally accepted accounting
principles, but does not
include
any of the following:
(a) Payments made for the acquisition of personal property
through
operating leases;
(b) Project costs paid before January 1, 2002, or after
December 31, 2006;
(c) Payments made to a related member as defined in section
5733.042 of the Revised Code.
(2) "Eligible business" means a business with Ohio
operations
that
satisfying all of the following:
(a) Employed an average of at least one thousand employees
in full-time employment positions at a project site during each of
the
twelve months preceding the application for a tax credit under
this section; and
(b) On or after January 1, 2002, has made payments for the
capital investment project of
at
either of the following:
(i) At least two hundred million dollars
at the project
site during a period of three consecutive calendar
years
that
includes
including the calendar year that includes a day of the
taxpayer's taxable year with respect to which the credit is
granted;
(ii) If the average wage of all employment positions at the
project site is greater than four hundred per cent of the federal
minimum wage, at least one hundred million dollars at the project
site during a period of three consecutive calendar years including
the calendar year that includes a day of the taxpayer's taxable
year with respect to which the credit is granted.
(c)
Is engaged at the project site primarily as a
manufacturer or is providing significant corporate administrative
functions;
(d) Has had a capital investment project reviewed and
approved by the tax credit
authority as provided in divisions (C),
(D), and (E) of this
section.
(3) "Full-time employment position" means a position of
employment for consideration for at least thirty-five hours a
week, or any other standard of service generally accepted by
custom as full-time employment within the industry, that has been
filled for at least
one hundred eighty days immediately preceding
the filing of an
application under this section, and for at least
one hundred eighty days during each taxable year with respect to
which the credit is
granted.
(4)
"Manufacturer" has the same meaning as in section
5739.011 of the Revised Code.
(5) "Project site" means an integrated complex
of facilities
in this state, as specified
by the tax credit authority under this
section, within a
five-mile
fifteen-mile radius where a taxpayer
in this state is primarily operating as a
manufacturer
as defined
in section 5739.011 of the Revised Code.
(B) The tax credit authority created under section 122.17 of
the Revised Code may grant tax credits under this section for the
purpose of fostering job retention in this state. Upon
application by an eligible business and upon consideration of the
recommendation of the director of budget and management, tax
commissioner, and director of development under division (C) of
this section, the tax credit authority may grant to an eligible
business a nonrefundable credit against the tax imposed by section
5733.06 or 5747.02 of the Revised Code for a period up to ten
taxable years. The credit shall be in an
amount not exceeding
seventy-five per cent of the Ohio income tax withheld
from the
employees of the eligible business occupying full-time employment
positions at the
project site during the calendar year that
includes the last day of such business' taxable year
with respect
to which the
credit is granted. The amount of the credit shall
not be based on
the Ohio income tax withheld from full-time
employees for a
calendar year prior to the calendar year in which
the
two hundred
million dollar minimum investment
requirement
referred to in
division
(A)(2)(b) of this section is completed.
The
credit shall
be
claimed only for the taxable years specified
in the
eligible
business' agreement with the tax credit authority
under division
(E) of this section, but in no event shall the
credit be claimed
for a taxable year terminating before the date
specified in the
agreement.
Any unused portion of a tax credit may be carried forward
for
not more than three additional years after the year for which
the
credit is granted.
(C) A taxpayer
who
that proposes a capital investment
project to
retain jobs in this state may apply to the tax credit
authority to
enter into an agreement for a tax credit under this
section. The
director of development shall prescribe the form of
the
application. After receipt of an application, the authority
shall
forward copies of the application to the director of budget
and
management, the tax commissioner, and the director of
development,
each of whom shall review the application to
determine the
economic impact the proposed project would have on
the state and
the affected political subdivisions and shall submit
a summary of
their determinations and recommendations to the
authority. The
authority shall make no agreements under this
section after June
30, 2007.
(D) Upon review of the determinations and recommendations
described in division (C) of this section, the tax credit
authority may enter into an agreement with the taxpayer for a
credit under this section if
it
the authority determines all of
the following:
(1) The taxpayer's capital investment project will result in
the retention of full-time employment positions in this state.
(2) The taxpayer is economically sound and has the ability
to complete the proposed capital investment project.
(3) The taxpayer intends to and has the ability to maintain
operations at the project site for at least twice the term of the
credit.
(4) Receiving the credit is a major factor in the taxpayer's
decision to begin, continue with, or complete the project.
(5) The political subdivisions in which the project is
located have agreed to provide substantial financial support to
the project.
(E) An agreement under this section shall include all of the
following:
(1) A detailed description of the project that is the
subject of the agreement, including the amount of the investment,
the period over which the investment has been or is being made,
and the number of full-time employment positions at the project
site;.
(2) The method of calculating the number of full-time
employment positions as specified in division (A)(3) of this
section;.
(3) The term and percentage of the tax credit,
and the
first
year for which the credit may be claimed;.
(4) A requirement that the taxpayer maintain
operations at
the project site for at least twice the number
of years as the
term of the credit;.
(5) A requirement that the taxpayer retain a specified
number of full-time employment positions at the project site and
within this state for the term of the credit, including a
requirement that the taxpayer continue to employ at least one
thousand employees in full-time employment positions at the
project
site during the entire term of any agreement, subject to
division (E)(7)
of this section;.
(6) A requirement that the taxpayer annually report to the
director of development the number of full-time employment
positions subject to the credit, the amount of tax withheld from
employees in those positions, the amount of the payments made for
the capital investment project, and any other information the
director needs to perform the director's duties under this
section;.
(7) A requirement that the director of development annually
review the annual reports of the taxpayer to verify the
information reported under division (E)(6) of this section and
compliance with the agreement. Upon verification, the director
shall issue a certificate to the taxpayer stating that the
information has been verified and identifying the amount of the
credit for the taxable year. The director shall not issue a
certificate for any year in which the total number of filled
full-time employment positions for each day of the calendar year
divided by three hundred sixty-five is less than ninety per cent
of the full-time employment positions specified in division (E)(5)
of this section. In determining the number of full-time
employment positions, no position shall be counted that is filled
by an employee who is included in the calculation of a tax credit
under section 122.17 of the Revised Code.
(8)(a) A provision requiring that the taxpayer, except as
otherwise provided in division (E)(8)(b) of this section, shall
not relocate employment positions from elsewhere in this state to
the project site that is the subject of the agreement for the
lesser of five years from the date the agreement is entered into
or the number of years the taxpayer is entitled to claim the
credit.
(b) The taxpayer may relocate employment positions from
elsewhere in this state to the project site that is the subject of
the agreement if the director of development determines both of
the following:
(i) That the site from which the employment positions would
be relocated is inadequate to meet market and industry conditions,
expansion plans, consolidation plans, or other business
considerations affecting the taxpayer;
(ii) That the legislative authority of the county, township,
or municipal corporation from which the employment positions would
be relocated has been notified of the relocation.
For purposes of
this section, the movement of an employment
position from one
political subdivision to another political
subdivision shall be
considered a relocation of an employment
position unless the movement is confined to the project site.
The
transfer of an individual employee from one
political
subdivision
to another political subdivision shall not
be
considered a
relocation of an employment position as long as
the
individual's
employment position in the first political
subdivision is
refilled.
(9) A waiver by the taxpayer of any limitations periods
relating to assessments or adjustments resulting from the
taxpayer's failure to comply with the agreement.
(F) If a taxpayer fails to meet or comply with any condition
or requirement set forth in a tax credit agreement, the tax credit
authority may amend the agreement to reduce the percentage or term
of the credit. The reduction of the percentage or term shall take
effect in the taxable year immediately following the taxable year
in which the authority amends the agreement. If the taxpayer
relocates employment positions in violation of the provision
required under division (D)(8)(a) of this section, the taxpayer
shall not claim the tax credit under section 5733.0610 of the
Revised Code for any tax years following the calendar year in
which the relocation occurs, or shall not claim the tax credit
under section 5747.058 of the Revised Code for the taxable year in
which the relocation occurs and any subsequent taxable years.
(G) Financial statements and other information submitted to
the department of development or the tax credit authority by an
applicant for or recipient of a tax credit under this section, and
any information taken for any purpose from such statements or
information, are not public records subject to section 149.43 of
the Revised Code. However, the chairperson of the authority may
make use of the statements and other information for purposes of
issuing public reports or in connection with court proceedings
concerning tax credit agreements under this section. Upon the
request of the tax commissioner, the chairperson of the authority
shall provide to the commissioner any statement or other
information submitted by an applicant for or recipient of a tax
credit in connection with the credit. The commissioner shall
preserve the confidentiality of the statement or other
information.
(H) A taxpayer claiming a tax credit under this section
shall submit to the tax commissioner a copy of the director of
development's certificate of verification under division (E)(7) of
this section for the taxable year. However, failure to submit a
copy of the certificate does not invalidate a claim for a credit.
(I) For the purposes of this section, a taxpayer may include
a partnership, a corporation that has made an election under
subchapter S of chapter one of subtitle A of the Internal Revenue
Code, or any other business entity through which income flows as a
distributive share to its owners. A tax credit received under
this section by a partnership, S-corporation, or other such
business entity shall be apportioned among the persons to whom the
income or profit of the partnership, S-corporation, or other
entity is distributed, in the same proportions as those in which
the income or profit is distributed.
(J) If the director of development determines that a
taxpayer
who has
that received a tax credit under this section is
not
complying with the requirement under division (E)(4) of this
section
or reduces the number of employees agreed to under
division (E)(5) of this section by more than ten per cent, the
director shall notify the tax credit authority of the
noncompliance. After receiving such a notice, and after giving
the taxpayer an opportunity to explain the noncompliance, the
authority may terminate the agreement and require the taxpayer to
refund to the state all or a portion of the credit claimed in
previous years, as follows:
(1) If the taxpayer maintained operations at the project
site for less than the term of the credit, the amount required to
be refunded shall not exceed the amount of any tax credits
previously allowed and received under this section.
(2) If the taxpayer maintained operations at the project
site longer than the term of the credit but less than one and
one-half times the term of the credit, the amount required to be
refunded shall not exceed fifty per cent of the sum of any tax
credits previously allowed and received under this section.
(3) If the taxpayer maintained operations at the project
site for at least one and one-half times the term of the credit
but less than twice the term of the credit, the amount required to
be refunded shall not exceed twenty-five per cent of the sum of
any tax credits previously allowed and received under this
section.
In determining the portion of the credit to be refunded to
this state, the authority shall consider the effect of market
conditions on the taxpayer's project and whether the taxpayer
continues to maintain other operations in this state. After
making the determination, the authority shall certify the amount
to be refunded to the tax commissioner. The commissioner shall
make an assessment for that amount against the taxpayer under
Chapter 5733. or 5747. of the Revised Code. The time limitations
on assessments under Chapter 5733. or 5747. of the Revised Code do
not apply to an assessment under this division, but the
commissioner shall make the assessment within one year after the
date the authority certifies to the commissioner the amount to be
refunded.
If the director of development determines that a taxpayer
that received a tax credit under this section has reduced the
number of employees agreed to under division (E)(5) of this
section by more than ten per cent, the director shall notify the
tax credit authority of the noncompliance. After receiving such
notice, and after providing the taxpayer an opportunity to explain
the noncompliance, the authority may amend the agreement to reduce
the percentage or term of the tax credit. The reduction in the
percentage or term shall take effect in the taxable year in which
the authority amends the agreement.
(K) The director of development, after consultation with the
tax commissioner and in accordance with Chapter 119. of the
Revised Code, shall adopt rules necessary to implement this
section. The rules may provide for recipients of tax credits
under this section to be charged fees to cover administrative
costs of the tax credit program. At the time the director gives
public notice under division (A) of section 119.03 of the Revised
Code of the adoption of the rules, the director shall submit
copies of the proposed rules to the chairpersons of the standing
committees on economic development in the senate and the house of
representatives.
(L) On or before the thirty-first day of March of each year,
the director of development shall submit a report to the governor,
the president of the senate, and the speaker of the house of
representatives on the tax credit program under this section. The
report shall include information on the number of agreements that
were entered into under this section during the preceding calendar
year, a description of the project that is the subject of each
such agreement, and an update on the status of projects under
agreements entered into before the preceding calendar year.
Sec. 123.024. (A) The department of administrative
services
shall assign and make available, at state expense,
suitable office
space in state-owned facilities to accommodate
the office
operations of the state headquarters of all of
the
following:
(1) All veterans organizations in this state that either
are
incorporated and issued a charter by the congress of the
United
States or are recognized by the United States department
of
veterans affairs;
(2) The auxiliary organizations of veterans organizations
described in division (A)(1) of this section;
(3) The Ohio veterans' home
agency.
(B) The department may situate office space for each
auxiliary organization of a veterans organization with or near
the
office space of that veterans organization.
Sec. 123.10. (A) The director of administrative services
shall regulate the rate
of tolls to be collected on the public
works of the state, and shall fix all
rentals and collect all
tolls, rents, fines,
commissions, fees, and
all
other revenues
arising from any
source in the public works, including the sale,
construction, purchase, or rental of property.
(B) There is hereby created in the state treasury the state
architect's fund which shall consist of money received by the
department of administrative services under division (A) of this
section, transfers of money to the fund authorized by the general
assembly, and such percentage of the investment earnings of the
administrative building fund created in section 152.101 of the
Revised Code as the director of budget and management determines
to be appropriate. Money in the fund shall be used by the
department of administrative services for the following purposes:
(1) To pay personnel and other administrative expenses of
the department;
(2) To pay the cost of conducting evaluations of public
works;
(3) To pay the cost of building design specifications;
(4) To pay the cost of providing project management
services;
(5) Any other purposes that the director of administrative
services determines to be necessary for the department to execute
its duties under this chapter.
Sec. 124.381. Each employee of the department of
rehabilitation and correction, the department of mental health,
the department of mental retardation and developmental
disabilities, the Ohio veteran's home
agency, or the Ohio
schools
for
the deaf and blind, and each
employee of the
department of
youth services as established in
division (A) of
section 124.14 of
the Revised Code who suffers
bodily injury
inflicted by an inmate,
patient, client, youth, or
student in the
facilities of these
agencies during the time
the employee is
lawfully carrying out the
assigned duties of the
employee's
position shall be paid the
employee's total rate of pay during the
period
the employee is
disabled as a result of that injury, but in
no case to exceed one
hundred twenty work days, in lieu of
workers'
compensation. Pay
made according to this section shall
not be
charged to the
employee's accumulation of sick leave
credit.
The director of administrative services shall adopt rules for
the administration of the occupational injury leave program. The
rules shall include, but not be limited to, provisions for
determining a disability, for filing a claim for leave under this
section, and for allowing or denying claims for the leave.
During the time an employee is receiving injury
compensation
as provided in this section, the employee shall
be exempt from the
accumulation of vacation leave credit
under section 124.134 of the
Revised Code but shall continue to receive sick leave credit and
personal
leave credit under sections 124.382 and 124.386 of the
Revised Code.
In any case when an employee's disability, as covered by
this
section, extends beyond one hundred twenty work days, the
employee
shall immediately become subject to sections
124.382 and 124.385
of the Revised
Code regarding sick leave and disability leave
benefits.
An appointing authority may apply to the director of
administrative services to grant injury leave in accordance with
this section to law enforcement personnel employed by the agency.
Sec. 124.82. (A) Except as provided in division (D) of
this
section, the department of administrative services, in
consultation with the superintendent of insurance, shall, in
accordance with competitive selection procedures of Chapter 125.
of the
Revised Code, contract with an insurance
company or a
health plan in combination with an
insurance company, authorized
to do business in this state, for
the issuance of a policy or
contract of health, medical,
hospital, dental, or surgical
benefits, or any combination
of those benefits, covering
state
employees who are paid directly by
warrant of the auditor of
state, including elected state
officials. The department may
fulfill its obligation under this
division by exercising its
authority under division (A)(2) of
section 124.81 of the Revised
Code.
(B) The department may, in addition, in consultation with
the superintendent of insurance, negotiate and contract with
health insuring corporations holding a
certificate of authority
under Chapter 1751. of the
Revised Code, in their approved service
areas only, for
issuance of a contract or contracts of health care
services,
covering state employees who are paid directly by
warrant of the
auditor of state, including elected state
officials. Except for
health insuring corporations, no more than
one insurance carrier or
health plan shall be contracted with to
provide the
same
plan of benefits, provided that:
(1) The amount of the premium or cost for such coverage
contributed by the state, for an individual or for an individual
and the individual's family, does not exceed that same
amount of
the premium
or cost contributed by the state under division (A) of
this
section;
(2) The employee be permitted to exercise the option as to
which plan the employee will select under division (A) or (B)
of
this section, at a time that shall
be determined by the
department;
(3) The health insuring corporations do not refuse to accept
the
employee, or the
employee and the employee's family, if the
employee exercises the option to select
care provided by the
corporations;
(4) The employee may choose participation in only one of the
plans sponsored
by the department;
(5) The director of health examines and certifies to the
department that the quality and adequacy of care rendered by the
health insuring corporations meet at least the standards of care
provided
by hospitals
and physicians in that employee's community,
who would be providing
such care as would be covered by a contract
awarded under
division (A) of this section.
(C) All or any portion of the cost, premium, or charge for
the coverage in divisions (A) and (B) of this section may be paid
in such manner or combination of manners as the department
determines and may include the proration of health care costs,
premiums, or
charges for part-time employees.
(D) Notwithstanding division (A) of this section, the
department may provide benefits equivalent to those that may be
paid under a policy or contract issued by an insurance company or
a health plan pursuant to division (A) of this section.
(E) This section does not prohibit the state office of
collective bargaining from entering into an agreement with an
employee representative for the purposes of providing fringe
benefits, including, but not limited to, hospitalization, surgical
care, major medical care, disability, dental care, vision care,
medical care, hearing aids, prescription drugs, group life
insurance, sickness and accident insurance, group legal services
or other benefits, or any combination
thereof
of those benefits,
to employees paid
directly by warrant of the auditor of state
through a jointly
administered trust fund. The employer's
contribution for the
cost
of the benefit care shall be mutually
agreed to in the
collectively bargained agreement. The amount,
type, and
structure
of fringe benefits provided under this
division is
subject to the
determination of the board of trustees
of the
jointly administered
trust fund. Notwithstanding any other
provision of the Revised
Code, competitive bidding does not apply
to the purchase of fringe
benefits for employees under this
division when
such
those benefits are
provided through a jointly
administered trust fund.
(F) Members of state boards
and
or commissions
who are
members
of the public employees retirement system may be covered
by any
policy, contract, or plan of benefits or services described
in
division (A) or (B) of this section
if they. Board or
commission members who are appointed for a fixed term and who are
compensated on a per meeting basis, or paid only for expenses, or
receive a combination of per diem payments and expenses shall pay
the entire amount
of the premiums, costs, or charges for that
coverage.
Sec. 133.20. (A) This section applies to bonds that are
general obligation Chapter 133. securities. If the bonds are
payable as to principal by provision for annual installments, the
period of limitations on their last maturity, referred to as
their
maximum maturity, shall be measured from a date twelve
months
prior to the first date on which provision for payment of
principal is made. If the bonds are payable as to principal by
provision for semiannual installments, the period of limitations
on their last maturity shall be measured from a date six months
prior to the first date on which provision for payment of
principal is made.
(B) Bonds issued for the following permanent improvements
or
for permanent improvements for the following purposes shall
have
maximum maturities not exceeding the number of years stated:
(a) The clearance and preparation of real property for
redevelopment as an urban redevelopment project;
(b) Acquiring, constructing, widening, relocating,
enlarging, extending, and improving a publicly owned railroad or
line of railway or a light or heavy rail rapid transit system,
including related bridges, overpasses, underpasses, and tunnels,
but not including rolling stock or equipment;
(c) Pursuant to section 307.675 of the Revised Code,
constructing or repairing a bridge using long life expectancy
material for the bridge deck, and purchasing, installing, and
maintaining any performance equipment to monitor the physical
condition of a bridge so constructed or repaired. Additionally,
the average maturity of the bonds shall not exceed the expected
useful life of the bridge deck as determined by the county
engineer under that section.
(a) General waterworks or water system permanent
improvements, including buildings, water mains, or other
structures and facilities in connection therewith;
(b) Sewers or sewage treatment or disposal works or
facilities, including fireproof buildings or other structures in
connection therewith;
(c) Storm water drainage, surface water, and flood
prevention facilities.
(3) Thirty-five years: sports facilities.
(a) Municipal recreation, excluding recreational
equipment;
(b) Urban redevelopment projects;
(c) Acquisition of real property;
(d) Street or alley lighting purposes or relocating
overhead
wires, cables, and appurtenant equipment underground.
(5) Twenty years: constructing, reconstructing, widening,
opening, improving, grading, draining, paving, extending, or
changing the line of roads, highways, expressways, freeways,
streets, sidewalks, alleys, or curbs and gutters, and related
bridges, viaducts, overpasses, underpasses, grade crossing
eliminations, service and access highways, and tunnels.
(a) Resurfacing roads, highways, streets, or alleys;
(b) Alarm, telegraph, or other communications systems for
police or fire departments or other emergency services;
(c) Passenger buses used for mass transportation;
(d) Energy conservation measures as authorized by section
133.06
of the Revised Code.
(b) Fire department apparatus and equipment;
(c) Road rollers and other road construction and servicing
vehicles;
(d) Furniture, equipment, and furnishings;
(e) Landscape planting and other site improvements;
(f) Playground, athletic, and recreational equipment and
apparatus;
(g) Energy conservation measures as authorized by section
307.041, 505.264, or 717.02 of the Revised Code.
(8) Five years: New motor vehicles other than those
described in any other division of this section and those for
which provision is made in other provisions of the Revised Code.
(C) Bonds issued for any permanent improvements not within
the categories set forth in division (B) of this section shall
have maximum maturities of from five to thirty years as the
fiscal
officer estimates is the estimated life or period of
usefulness of
those permanent improvements. Bonds issued under
section 133.51
of the Revised Code for purposes other than
permanent improvements
shall have the maturities, not to
exceed
forty years, that the
taxing authority shall specify.
(D) Securities issued under section 505.265
or 717.07 of the
Revised
Code shall mature not later than December 31, 2035.
(E) A securities issue for one purpose may include
permanent
improvements within two or more categories under
divisions (B) and
(C) of this section. The maximum maturity of
such a bond issue
shall not exceed the average number of years of
life or period of
usefulness of the permanent improvements as
measured by the
weighted average of the amounts expended or
proposed to be
expended for the categories of permanent
improvements.
Sec. 145.01. As used in this chapter:
(A) "Public employee" means:
(1) Any person holding an office, not elective, under the
state or any
county, township, municipal corporation, park
district, conservancy district,
sanitary district, health
district, metropolitan housing authority, state
retirement board,
Ohio historical society, public library, county law library,
union
cemetery, joint hospital, institutional commissary, state
university, or
board, bureau, commission, council, committee,
authority, or administrative
body as the same are, or have been,
created by action of the general assembly
or by the legislative
authority of any of the units of local government named
in
division (A)(1) of this section, or employed and
paid in whole or
in part by the state or any
of the authorities named in division
(A)(1) of this
section in any capacity not covered by
section
742.01, 3307.01, 3309.01, or 5505.01 of the Revised Code.
(2) A person who is a member of the public employees
retirement system
and who
continues to perform the same or similar
duties under the direction of a
contractor who has contracted to
take over what before the date of the
contract was a publicly
operated function. The governmental unit with which
the contract
has been made shall be deemed the employer for the purposes of
administering this chapter.
(3) Any person who is an employee of a public employer,
notwithstanding that
the person's compensation for that employment
is derived from funds of a
person or entity other than the
employer. Credit for such service shall be
included as total
service credit, provided that the employee makes the
payments
required by this chapter, and the employer makes the payments
required by sections 145.48 and 145.51 of the Revised Code.
(4) A person who elects in accordance with section 145.015
of the Revised
Code to remain a contributing member of the public
employees retirement
system.
In all cases of doubt, the public employees retirement board
shall determine
whether any person is a public employee, and its
decision is final.
(B) "Member" means any public employee, other than a public
employee excluded
or exempted from membership in the retirement
system by section 145.03,
145.031, 145.032, 145.033, 145.034,
145.035, or 145.38 of the Revised Code.
"Member" includes a PERS
retirant who becomes a member under division
(C) of section 145.38
of the Revised Code. "Member" also includes a
disability benefit
recipient.
(C) "Head of the department" means the elective or
appointive head of the
several executive, judicial, and
administrative departments, institutions,
boards, and commissions
of the state and local government as the same are
created and
defined by the laws of this state or, in case of a charter
government, by that charter.
(D) "Employer" or "public employer" means the state or any
county, township,
municipal corporation, park district,
conservancy district, sanitary district,
health district,
metropolitan housing authority, state retirement board, Ohio
historical society, public library, county law library, union
cemetery, joint
hospital, institutional commissary, state medical
college, state university,
or board, bureau, commission, council,
committee, authority, or administrative
body as the same are, or
have been, created by action of the general assembly
or by the
legislative authority of any of the units of local government
named
in this division not covered by section 742.01, 3307.01,
3309.01, or 5505.01 of the Revised
Code. In addition, "employer"
means the employer of any public employee.
(E) "Prior service" means all service as a public employee
rendered before
January 1, 1935, and all service as an employee of
any employer who comes
within the state teachers retirement system
or of the school employees
retirement system or of any other
retirement system established under the laws
of this state
rendered prior to January 1, 1935, provided that if the employee
claiming the service was employed in any capacity covered by that
other system
after that other system was established, credit for
the service may be allowed
by the public employees retirement
system only when the employee has made
payment, to be computed on
the salary earned from the date of appointment to
the date
membership was established in the public employees retirement
system,
at the rate in effect at the time of payment, and the
employer has made
payment of the corresponding full liability as
provided by section 145.44 of
the Revised Code. "Prior service"
also means all service credited for active
duty with the armed
forces of the United States as provided in section 145.30
of the
Revised Code.
If an employee who has been granted prior service credit by
the public
employees retirement system for service rendered prior
to January 1, 1935, as
an employee of a board of education
establishes, before retirement, one year
or more of contributing
service in the state teachers retirement system or
school
employees retirement system, then the prior service ceases to be
the
liability of this system.
If the board determines that a position of any member in any
calendar year
prior to January 1, 1935, was a part-time position,
the board shall determine
what fractional part of a year's credit
shall be allowed by the following
formula:
(1) When the member has been either elected or appointed to
an office the
term of which was two or more years and for which an
annual salary is
established, the fractional part of the year's
credit shall be computed as
follows:
First, when the member's annual salary is one thousand
dollars or less, the
service credit for each such calendar year
shall be forty per cent of a year.
Second, for each full one hundred dollars of annual salary
above one thousand
dollars, the member's service credit for each
such calendar year shall be
increased by two and one-half per
cent.
(2) When the member is paid on a per diem basis, the service
credit for any
single year of the service shall be determined by
using the number of days of
service for which the compensation was
received in any such year as a
numerator and using two hundred
fifty days as a denominator.
(3) When the member is paid on an hourly basis, the service
credit for any
single year of the service shall be determined by
using the number of hours of
service for which the compensation
was received in any such year as a
numerator and using two
thousand hours as a denominator.
(F) "Contributor" means any person who has an account in the
employees'
savings fund created by section 145.23 of the Revised
Code. When used in
the sections listed in division (B) of section
145.82 of the
Revised Code, "contributor" includes any person
participating in a
PERS defined contribution plan.
(G) "Beneficiary" or "beneficiaries" means the estate or a
person or persons
who, as the result of the death of a member,
contributor, or retirant, qualify
for or are receiving some right
or benefit under this chapter.
(H)(1) "Total service credit," except as provided in section
145.37 of the
Revised Code, means all service credited to a member
of the retirement system
since last becoming a member, including
restored service credit as provided by
section 145.31 of the
Revised Code; credit purchased under sections 145.293
and 145.299
of the Revised Code; all the member's prior service credit; all
the member's military service credit computed as provided in this
chapter; all
service credit established pursuant to section
145.297 of the Revised Code;
and any other service credited under
this chapter. In addition, "total
service credit" includes any
period, not in excess of three years, during
which a member was
out of service and receiving benefits under Chapters 4121.
and
4123. of the Revised Code. For the exclusive purpose of
satisfying the
service credit requirement and of determining
eligibility for benefits under
sections 145.32, 145.33, 145.331,
145.35, 145.36, and 145.361 of the Revised
Code, "five or more
years of total service credit" means sixty or more
calendar months
of contributing service in this system.
(2) "One and one-half years of contributing service
credit,"
as used in division (B) of section 145.45 of the Revised
Code,
also means eighteen or more calendar months of employment
by a
municipal corporation that formerly operated its own
retirement
plan for its employees or a part of its employees,
provided that
all employees of that municipal retirement plan who have
eighteen
or more months of such employment, upon
establishing membership in
the public employees retirement
system, shall make a payment of
the contributions they would have paid
had they been members of
this system for the eighteen months of
employment preceding the
date membership was established. When
that payment has been made
by all such employee
members, a
corresponding payment shall be
paid into the employers'
accumulation fund by that municipal
corporation as the employer
of the employees.
(3) Where a member also is a member of the state teachers
retirement system
or the school employees retirement system, or
both, except in cases of
retirement on a combined basis pursuant
to section 145.37 of the Revised Code
or as provided in section
145.383 of the Revised Code,
service credit for any period shall
be credited on the basis of the ratio that
contributions to the
public employees retirement system
bear to total
contributions in
all state retirement systems.
(4) Not more than one year of credit may be given for any
period of twelve
months.
(5) "Ohio service credit" means credit for service that was
rendered to the
state or any of its political subdivisions or any
employer.
(I) "Regular interest" means interest at any rates for the
respective funds and accounts as the public employees retirement
board may
determine from time to time.
(J) "Accumulated contributions" means the sum of all
amounts
credited to a contributor's individual account in the
employees'
savings fund together with any interest
credited to the
contributor's account under section 145.471 or 145.472 of the
Revised Code.
(K)(1) "Final average salary" means the quotient obtained
by
dividing by three the sum of the three full calendar years of
contributing service in which the member's earnable salary was
highest, except that if the member has a partial year of
contributing service in the year the member's employment
terminates and the member's earnable salary for the partial year
is higher
than for any comparable period in the three years, the
member's earnable
salary for the partial year shall be substituted
for the member's earnable
salary for the comparable period during
the three years in which the member's
earnable salary was lowest.
(2) If a member has less than three years of contributing
service, the
member's final average salary shall be the member's
total earnable salary
divided by the total number of years,
including any fraction of a year, of the
member's contributing
service.
(3) For the purpose of calculating benefits payable to a
member qualifying for service credit under division (Z) of this
section, "final average salary" means the total earnable salary
on
which contributions were made divided by the total number of
years
during which contributions were made, including any
fraction of a
year. If contributions were made for less than
twelve months,
"final average salary" means the member's total
earnable salary.
(L) "Annuity" means payments for life derived from
contributions made by a
contributor and paid from the annuity and
pension reserve fund as provided in
this chapter. All annuities
shall be paid in twelve equal monthly
installments.
(M) "Annuity reserve" means the present value, computed upon
the basis of the
mortality and other tables adopted by the board,
of all payments to be made on
account of any annuity, or benefit
in lieu of any annuity, granted to a
retirant as provided in this
chapter.
(N)(1) "Disability retirement" means retirement as provided
in section 145.36
of the Revised Code.
(2) "Disability allowance" means an allowance paid on
account of disability
under section 145.361 of the Revised Code.
(3) "Disability benefit" means a benefit paid as disability
retirement under
section 145.36 of the Revised Code, as a
disability allowance under section
145.361 of the Revised Code, or
as a disability benefit under section 145.37
of the Revised Code.
(4) "Disability benefit recipient" means a member who is
receiving a
disability benefit.
(O) "Age and service retirement" means retirement as
provided in sections
145.32, 145.33, 145.331, 145.34, 145.37, and
145.46 of the Revised Code.
(P) "Pensions" means annual payments for life derived from
contributions made
by the employer that at the time of retirement
are credited into the annuity
and pension reserve fund from the
employers' accumulation fund and paid from
the annuity and pension
reserve fund as provided in this chapter. All
pensions shall be
paid in twelve equal monthly installments.
(Q) "Retirement allowance" means the pension plus that
portion of the benefit
derived from contributions made by the
member.
(R)(1) Except as otherwise provided in division (R)
of this
section, "earnable salary" means
all salary, wages, and other
earnings paid to a contributor by reason of
employment in a
position covered by the retirement system. The salary, wages,
and
other earnings shall be determined prior to determination of the
amount
required to be contributed to the employees' savings fund
under section 145.47
of the Revised Code and without regard to
whether any of the salary, wages, or
other earnings are treated as
deferred income for federal income tax
purposes. "Earnable
salary" includes the following:
(a) Payments made by the employer in lieu of salary, wages,
or other earnings
for sick leave, personal leave, or vacation used
by the contributor;
(b) Payments made by the employer for the conversion of sick
leave, personal
leave, and vacation leave accrued, but not used if
the payment is made
during
the year in which the leave is accrued,
except that payments made pursuant to
section 124.383 or 124.386
of the Revised Code are not earnable salary;
(c) Allowances paid by the employer for full maintenance,
consisting of
housing, laundry, and meals, as certified to the
retirement board by the
employer or the head of the department
that employs the contributor;
(d) Fees and commissions paid under section 507.09 of the
Revised Code;
(e) Payments that are made under a disability leave program
sponsored by the
employer and for which the employer is required
by section 145.296 of the
Revised Code to make periodic employer
and employee contributions;
(f) Amounts included pursuant to divisions (K)(3) and (Y) of
this section.
(2) "Earnable salary" does not include any of the following:
(a) Fees and commissions, other than those paid under
section 507.09 of the
Revised Code, paid as sole compensation for
personal services and fees and
commissions for special services
over and above services for which the
contributor receives a
salary;
(b) Amounts paid by the employer to provide life insurance,
sickness,
accident, endowment, health, medical, hospital, dental,
or surgical coverage,
or other insurance for the contributor or
the contributor's family, or amounts
paid by the employer to the
contributor in lieu of providing the insurance;
(c) Incidental benefits, including lodging, food, laundry,
parking, or
services furnished by the employer, or use of the
employer's property or
equipment, or amounts paid by the employer
to the contributor in lieu of
providing the incidental benefits;
(d) Reimbursement for job-related expenses authorized by the
employer,
including moving and travel expenses and expenses
related to professional
development;
(e) Payments for accrued but unused sick leave, personal
leave, or
vacation
that are made at any time other than in the
year in which the sick leave,
personal leave, or vacation was
accrued;
(f) Payments made to or on behalf of a contributor that are
in excess of the
annual compensation that may be taken into
account by the retirement system
under division (a)(17) of section
401 of the "Internal Revenue Code of 1986,"
100 Stat. 2085, 26
U.S.C.A. 401(a)(17), as amended;
(g) Payments made under division (B), (C), or (E) of section
5923.05 of the Revised
Code, Section 4 of Substitute Senate Bill
No. 3 of the 119th general
assembly, Section 3 of Amended
Substitute Senate Bill
No. 164 of the 124th general assembly, or
Amended Substitute House Bill No. 405 of the 124th general
assembly;
(h) Anything of value received by the contributor that is
based on or
attributable to retirement or an agreement to retire,
except that payments
made on or before January 1, 1989, that are
based on or attributable to an
agreement to retire shall be
included in earnable salary if both of the
following apply:
(i) The payments are made in accordance with contract
provisions that were in
effect prior to January 1, 1986;
(ii) The employer pays the retirement system an amount
specified by the
retirement board equal to the additional
liability resulting from the
payments.
(3) The retirement board shall determine by rule whether any
compensation not
enumerated in division (R) of this section is
earnable salary, and its decision shall be
final.
(S) "Pension reserve" means the present value, computed upon
the basis of the
mortality and other tables adopted by the board,
of all payments to be made on
account of any retirement allowance
or benefit in lieu of any retirement
allowance, granted to a
member or beneficiary under this chapter.
(T)(1) "Contributing service" means all service credited to
a member of the
system since January 1, 1935, for which
contributions are made as required by
sections 145.47, 145.48, and
145.483 of the Revised Code. In any year
subsequent to 1934,
credit for any service shall be allowed by the following
formula:
(a) For each month for which the member's earnable salary is
two hundred
fifty dollars or more, allow one month's credit.
(b) For each month for which the member's earnable salary is
less than two
hundred fifty dollars, allow a fraction of a month's
credit. The numerator of
this fraction shall be the earnable
salary during the month, and the
denominator shall be two hundred
fifty dollars, except that if the member's
annual earnable salary
is less than six hundred dollars, the member's credit
shall not be
reduced below twenty per cent of a year for a calendar year of
employment during which the member worked each month.
Division
(T)(1)(b) of this section shall not
reduce any credit earned
before January 1, 1985.
(2) Notwithstanding division (T)(1) of this section, an
elected official who
prior to January 1, 1980, was granted a full
year of credit for each year of
service as an elected official
shall be considered to have earned a full year
of credit for each
year of service regardless of whether the service was
full-time or
part-time. The public employees retirement board has no
authority
to reduce the credit.
(U) "State retirement board" means the public employees
retirement board, the
school employees retirement board, or the
state teachers retirement board.
(V) "Retirant" means any former member who retires and is
receiving a monthly
allowance as provided in sections 145.32,
145.33, 145.331, 145.34, and 145.46
of the Revised Code.
(W) "Employer contribution" means the amount paid by an
employer as
determined under section 145.48 of the Revised
Code.
(X) "Public service terminates" means the last day for which
a public
employee is compensated for services performed for an
employer or the date of
the employee's death, whichever occurs
first.
(Y) When a member has been elected or appointed to an
office, the term of
which is two or more years, for which an
annual salary is established, and in
the event that the salary of
the office is increased and the member is denied
the additional
salary by reason of any constitutional provision prohibiting an
increase in salary during a term of office, the member may elect
to have the
amount of the member's contributions calculated upon
the basis of the
increased salary for the office. At the member's
request, the board shall
compute the total additional amount the
member would have contributed, or the
amount by which each of the
member's contributions would have increased, had
the member
received the increased salary for the office the member holds. If
the member elects to have the amount by which the member's
contribution would
have increased withheld from the member's
salary, the member shall notify the
employer, and the employer
shall make the withholding and transmit it to the
retirement
system. A member who has not elected to have that amount withheld
may elect at any time to make a payment to the retirement system
equal to the
additional amount the member's contribution would
have increased, plus
interest on that contribution, compounded
annually at a rate established by
the board and computed from the
date on which the last contribution would have
been withheld from
the member's salary to the date of payment. A member may
make a
payment for part of the period for which the increased
contribution was
not withheld, in which case the interest shall be
computed from the date the
last contribution would have been
withheld for the period for which the
payment is made. Upon the
payment of the increased contributions as provided
in this
division, the increased annual salary as provided by law for the
office for the period for which the member paid increased
contributions
thereon shall be used in determining the member's
earnable salary for the
purpose of computing the member's final
average salary.
(Z) "Five years of service credit," for the exclusive
purpose of satisfying
the service credit requirements and of
determining eligibility for benefits
under section 145.33 of the
Revised Code, means employment covered under this
chapter or under
a former retirement plan operated, recognized, or endorsed by
the
employer prior to coverage under this chapter or under a
combination of
the coverage.
(AA) "Deputy sheriff" means any person who is commissioned
and employed as a
full-time peace officer by the sheriff of any
county, and has been so employed
since on or before December 31,
1965, and whose primary duties are to preserve
the peace, to
protect life and property, and to enforce the laws of this
state;
any person who is or has been commissioned and employed as a peace
officer by the sheriff of any county since January 1, 1966, and
who has
received a certificate attesting to the person's
satisfactory completion of
the peace officer training school as
required by section 109.77 of the Revised
Code and whose primary
duties are to preserve the peace, protect life and
property, and
enforce the laws of this state; or any person deputized by the
sheriff of any county and employed pursuant to section 2301.12 of
the Revised
Code as a criminal bailiff or court constable who has
received a certificate
attesting to the person's satisfactory
completion of the peace officer
training school as required by
section 109.77 of the Revised Code and whose
primary duties are to
preserve the peace, protect life and property, and
enforce the
laws of this state.
(BB) "Township constable or police officer in a township
police department or
district" means any person who is
commissioned and employed as a full-time
peace officer pursuant to
Chapter 505. or 509. of the Revised Code, who has
received a
certificate attesting to the person's satisfactory completion of
the peace officer training school as required by section 109.77 of
the Revised
Code, and whose primary duties are to preserve the
peace, protect life and
property, and enforce the laws of this
state.
(CC) "Drug agent" means any person who is either of the
following:
(1) Employed full-time as a narcotics agent by a county
narcotics agency
created pursuant to section 307.15 of the Revised
Code and has received a
certificate attesting to the satisfactory
completion of the peace officer
training school as required by
section 109.77 of the Revised Code;
(2) Employed full-time as an undercover drug agent as
defined in section
109.79 of the Revised Code and is in compliance
with section 109.77 of the
Revised Code.
(DD) "Department of public safety enforcement agent" means a
full-time
employee of the
department of public safety who is
designated under section 5502.14
of the Revised Code as an
enforcement agent and who is in compliance with
section 109.77
of
the Revised Code.
(EE) "Natural resources law enforcement staff officer" means
a
full-time employee of the department of natural resources who is
designated a
natural resources law enforcement staff officer under
section 1501.013 of the
Revised Code
and
is in compliance with
section 109.77 of the Revised Code.
(FF) "Park officer" means a full-time employee of the
department of
natural
resources who is designated a park officer
under section 1541.10 of the
Revised Code and is in compliance
with section 109.77 of the Revised Code.
(GG) "Forest officer" means a full-time employee of the
department of natural
resources who is designated a forest officer
under section 1503.29 of the
Revised Code and is in compliance
with section 109.77 of the Revised Code.
(HH) "Preserve officer" means a full-time
employee of the
department of natural resources who is
designated a preserve
officer under section 1517.10 of the
Revised
Code and is in
compliance with
section 109.77 of the Revised
Code.
(II) "Wildlife officer" means a full-time employee of the
department
of
natural resources who is designated a wildlife
officer under section 1531.13
of the Revised Code and is in
compliance with section 109.77 of the Revised
Code.
(JJ) "State watercraft officer" means a full-time
employee
of the department
of natural resources who is designated a state
watercraft officer under
section 1547.521 of the Revised Code and
is in compliance with section 109.77
of the Revised Code.
(KK) "Park district police officer" means a full-time
employee of a park
district who is designated pursuant to section
511.232 or 1545.13 of the
Revised Code and is in compliance with
section 109.77 of the Revised Code.
(LL) "Conservancy district officer" means a full-time
employee of a
conservancy district who is designated pursuant to
section 6101.75 of the
Revised Code and is in compliance with
section 109.77 of the Revised Code.
(MM) "Municipal police officer" means a member of the
organized police
department of a municipal corporation who is
employed full-time, is in
compliance with section 109.77 of the
Revised Code, and is not a member of the
Ohio police and fire
pension fund.
(NN) "Ohio veterans'
Veterans' home police officer" means
any
person
who is employed at
the Ohio
a veterans' home as a
police officer
pursuant to section 5907.02 of the
Revised Code and
is in
compliance with section 109.77 of the Revised Code.
(OO) "Special police officer for a mental health
institution" means any
person who is designated as such pursuant
to section 5119.14 of the Revised
Code and is in compliance with
section 109.77 of the Revised Code.
(PP) "Special police officer for an institution for the
mentally retarded and
developmentally disabled" means any person
who is designated as such pursuant
to section 5123.13 of the
Revised Code and is in compliance with section
109.77 of the
Revised Code.
(QQ) "State university law enforcement officer" means any
person who is
employed full-time as a state university law
enforcement officer pursuant to
section 3345.04 of the Revised
Code and who is in compliance with section
109.77 of the Revised
Code.
(RR)
"House sergeant at arms" means any person appointed by
the speaker of the house of representatives under division (B)(1)
of section 101.311 of the Revised Code who has arrest authority
under division (E)(1) of that section.
(SS) "Assistant house sergeant at arms" means any person
appointed by the house sergeant at arms under division (C)(1) of
section 101.311 of the Revised Code.
(TT) "Regional transit authority police officer" means a
person who is
employed full time as a regional transit authority
police officer under
division (Y) of section 306.35 of the Revised
Code
and is in
compliance with section 109.77 of the Revised Code.
(UU)
"State highway patrol police officer" means a special
police
officer employed full time and designated by the
superintendent of the
state highway patrol pursuant to section
5503.09 of the
Revised Code or a person serving
full time as a
special police officer pursuant to that section on a
permanent
basis on October 21, 1997, who is in compliance
with section
109.77 of the Revised Code.
(VV) Notwithstanding section 2901.01 of the Revised Code,
"PERS law enforcement
officer" means a sheriff, deputy sheriff,
township constable or police officer
in a township police
department or district, drug agent, department of public
safety
enforcement agent, natural resources law enforcement staff
officer,
park officer, forest officer, preserve officer,
wildlife
officer, state watercraft
officer, park district police officer,
conservancy district officer,
Ohio
veterans' home police officer,
special police officer for a mental health
institution, special
police officer for an institution for the mentally
retarded and
developmentally disabled, state university law enforcement
officer,
municipal
police officer,
house sergeant at arms,
assistant house
sergeant
at arms, regional transit authority
police officer, or
state highway patrol police officer.
(WW)
"Hamilton county municipal court
bailiff" means a
person
appointed by
the clerk of courts of the Hamilton county
municipal
court under
division
(A)(3) of section 1901.32 of the
Revised Code
who is employed full time as a
bailiff or deputy
bailiff, who has
received a certificate attesting to the
person's
satisfactory
completion of the peace officer basic training
described in
division (D)(1) of section 109.77 of the Revised
Code,
and whose
primary duties are to preserve the peace, to
protect
life and
property, and to
enforce the laws of this state.
(XX) "Fiduciary" means a person who does any of the
following:
(1) Exercises any discretionary authority or control with
respect to the
management of the system or with respect to the
management or disposition of
its assets;
(2) Renders investment advice for a fee, direct or indirect,
with respect to
money or property of the system;
(3) Has any discretionary authority or responsibility in the
administration
of the system.
(YY) "Actuary" means an individual who satisfies all of
the
following
requirements:
(1) Is a member of the American academy of actuaries;
(2) Is an associate or fellow of the society of actuaries;
(3) Has a minimum of five years' experience in providing
actuarial services
to public retirement plans.
(ZZ) "PERS defined benefit plan" means the plan described in
sections 145.201 to 145.79 of the Revised Code.
(AAA) "PERS defined contribution plans" means the plan or
plans established under section 145.81 of the Revised Code.
Sec. 145.012. (A) "Public employee," as defined in
division
(A) of section 145.01 of the Revised Code, does not
include any
person:
(1) Who is employed by a private, temporary-help service
and
performs services under the direction of a public employer or
is
employed on a contractual basis as an independent contractor
under
a personal service contract with a public employer;
(2) Who is an emergency employee serving on a temporary
basis in case of fire, snow, earthquake, flood, or other similar
emergency;
(3) Who is employed in a program established pursuant to
the
"Job Training Partnership Act," 96 Stat. 1322 (1982), 29
U.S.C.A.
1501;
(4) Who is an appointed member of either the motor vehicle
salvage dealers board or the motor vehicle dealer's board whose
rate and method of payment are determined pursuant to division
(J)
of section 124.15 of the Revised Code;
(5) Who is employed as an election worker and paid less
than
five hundred dollars per calendar year for that
service;
(6) Who is employed as a firefighter in a position
requiring
satisfactory completion of a firefighter training
course
approved
under former section 3303.07 or section
4765.55 of the Revised
Code or conducted
under section 3737.33 of the Revised Code except
for the
following:
(a) Any firefighter who has elected under section
145.013 of
the Revised Code to remain a contributing member of the public
employees retirement system;
(b) Any firefighter who was eligible to transfer from
the
public employees retirement system to the Ohio police and
fire
pension fund under section 742.51 or 742.515 of
the Revised Code
and did not elect to transfer;
(c) Any firefighter who has elected under section
742.516 of
the Revised Code to
transfer from the Ohio police and fire pension
fund to
the
public employees retirement system.
(7) Who is a member of the board of health of a city or
general health
district, which pursuant to sections 3709.051 and
3709.07 of the Revised Code
includes a combined health district,
and whose compensation for attendance at
meetings of the board is
set forth in division (B) of section 3709.02 or
division (B) of
section 3709.05 of the Revised Code, as appropriate;
(8) Who participates in an alternative retirement plan
established under
Chapter 3305. of the Revised Code;
(9) Who is a member of the board of directors of a sanitary
district
established under Chapter 6115. of the Revised Code.
(B) No inmate of a correctional institution
operated by the
department of rehabilitation and correction, no
patient in a
hospital for the mentally ill or criminally insane
operated by the
department of mental health, no resident in an
institution for the
mentally retarded operated by the department
of mental retardation
and developmental disabilities, no resident
admitted as a patient
of
the Ohio
a veterans' home
at Sandusky
operated under Chapter
5907. of the Revised Code, and
no resident of a county home shall
be considered as a public
employee for the purpose of establishing
membership or
calculating service credit or benefits under this
chapter.
Nothing in this division shall be construed to affect
any service
credit attained by any person who was a public
employee before
becoming an inmate, patient, or resident at any
institution
listed in this division, or the payment of any benefit
for which
such a person or such a person's beneficiaries
otherwise
would be eligible.
Sec. 145.33. (A) Except as provided in division (B)
or
(C)
of
this section, a member with at least five years of
total
service
credit who has attained age sixty, or who has thirty
years
of total Ohio service credit, may apply for age and service
retirement, which shall consist of:
(1) An annuity having a reserve equal to the amount of the
member's accumulated contributions at that time;
(2) A pension equal to the annuity provided by division
(A)(1) of this section;
(3) An additional pension, if the member can qualify for
prior service, equal to forty dollars multiplied by the number of
years, and fraction thereof, of such prior and military service
credit;
(4) A basic annual pension equal to one hundred eighty
dollars if the member has ten or more years of total service
credit as of October 1, 1956, except that the basic annual
pension
shall not exceed the sum of the annual benefits provided
by
divisions (A)(1), (2), and (3) of this section.
(5) When a member retires on age and service retirement,
the
member's total annual single lifetime allowance,
including the
allowances provided in divisions (A)(1), (2), (3), and (4) of
this
section, shall be not less than a base amount adjusted in
accordance with division (A)(5) of this section
and determined by
multiplying the
member's total service credit by the greater of
the following:
(b) Two and two-tenths per cent of the member's final
average salary
for each of the first thirty years of service plus
two and
one-half per cent of the member's final average salary for
each subsequent year of service.
The allowance shall be adjusted by the factors of attained
age or years of service to provide the greater amount as
determined by the following schedule:
|
|
Years of |
|
Percentage |
Attained |
or |
Total Service |
|
of |
Birthday |
|
Credit |
|
Base Amount |
58 |
|
25 |
|
75 |
59 |
|
26 |
|
80 |
60 |
|
27 |
|
85 |
61 |
|
|
|
88 |
|
|
28 |
|
90 |
62 |
|
|
|
91 |
63 |
|
|
|
94 |
|
|
29 |
|
95 |
64 |
|
|
|
97 |
65 |
|
30 or more |
|
100 |
Members shall vest the right to a benefit in accordance
with
the following schedule, based on the member's attained age
by
September 1, 1976:
|
|
|
Percentage |
|
Attained |
|
of |
|
Birthday |
|
Base Amount |
|
66 |
|
102 |
|
67 |
|
104 |
|
68 |
|
106 |
|
69 |
|
108 |
|
70 or more |
|
110 |
(6) The total annual single lifetime allowance that a
member
shall receive under division (A)(5) of this section shall
not
exceed the lesser of one hundred per cent of the
member's final
average salary or the limit established by section 415 of the
"Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 415,
as amended.
(B)(1) For the purposes of divisions (B) to
(H)(G) of
this
section,
"total service credit as a
PERS law enforcement officer"
and "total service credit as a Hamilton county municipal
court
bailiff" include
credit for military service to the extent
permitted by
division
(F)(E)(2) of this section and credit for
service as a police
officer or state
highway patrol trooper to the
extent permitted by
divisions
(F)(E)(3)
and (4) of
this
section.
(2) A member who meets the conditions in division
(B)(2)(a),
(b),
(c), or (d) of
this section may apply for an age and
service
retirement benefit under this
division:
(a)
The member has attained age
forty-eight and has at least
twenty-five years of
total service
credit as
a
PERS
law
enforcement officer
whose primary
duties were to preserve the
peace, protect
life and property, and
enforce the laws in the
member's
jurisdiction;
(b)
The member has attained age
fifty-two, and has at
least
twenty-five years of total service
credit
as a
PERS law
enforcement officer, but the
member's primary duties were other
than to preserve the peace,
protect life and property, and enforce
the laws in the member's
jurisdiction;
(c) The member has attained age fifty-two and has at least
twenty-five years of total service as a Hamilton county municipal
court bailiff;
(d) The member has attained age sixty-two and has at
least
fifteen years of total
service credit as
either of the
following:
(i) A PERS
law
enforcement officer;
(ii) A Hamilton
county municipal court bailiff.
(3) A benefit paid under division (B)(2) of this section
shall
consist of an annual single lifetime allowance equal to the
sum
of
two and one-half per cent of the member's final average
salary
multiplied by the first twenty-five years of the member's
total
service plus two and one-tenth per cent of the member's
final
average salary multiplied by the number of years of the
member's
total service credit in excess of
twenty-five years.
(4) A member with at least fifteen years of total service
credit as a
PERS law enforcement
officer
or Hamilton county
municipal court bailiff who voluntarily resigns or is
discharged
for any
reason except death, dishonesty, cowardice,
intemperate
habits, or conviction of a felony may apply for an
age
and service
retirement benefit, which shall consist of an
annual
single
lifetime allowance equal to one and one-half per
cent of
the
member's final average salary multiplied by the
number of
years of
the member's total service credit. The
allowance shall
commence
on the first day of the calendar month
following the
month in
which the application is filed with the
public employees
retirement board on or after the attainment by
the applicant of
age fifty-two.
(C)(1) A member with at least
twenty-five years of total
service credit
who
would be eligible to retire under
division
(B)(2)(b) or (c) of this section had the member
attained
age
fifty-two and who voluntarily resigns or
is
discharged
for any
reason
except death, dishonesty,
cowardice,
intemperate
habits, or
conviction of a felony, on
or after the
date of
attaining
forty-eight years of
age, but before the date of
attaining
fifty-two years
of age, may elect to receive a reduced
benefit as
determined by the following
schedule:
|
Attained Age |
|
Reduced Benefit |
|
48 |
|
75% of the benefit payable under |
|
|
|
division (B)(3) of this section |
|
49 |
|
80% of the benefit payable under |
|
|
|
division (B)(3) of this section |
|
50 |
|
86% of the benefit payable under |
|
|
|
division (B)(3) of this section |
|
51 |
|
93% of the benefit payable under |
|
|
|
division (B)(3) of this section |
(2) If a member elects to receive a reduced benefit
after
attaining age forty-eight the reduced benefit is payable from the
later of the
date of the member's most
recent birthday or the date
the
member becomes eligible to receive the reduced benefit.
(3) Once a member elects to receive a reduced benefit
determined by the schedule in division
(C)(1) of this
section
and
has received a payment, the
member may not reelect to change
that
election.
(4) If a member who has resigned or been discharged has left
on
deposit the member's accumulated contributions in the
employees' savings
fund and has not elected to receive a reduced
benefit determined
by the schedule in division
(C)(1) of this
section, upon
attaining fifty-two years of age, the member shall
be entitled to receive a
benefit computed and paid under division
(B)(3) of this
section.
(D) A benefit paid under division (B)
or
(C) of
this
section
shall not exceed the lesser of
ninety per cent of the
member's
final average salary or the limit established
by section
415 of
the
"Internal Revenue Code of
1986," 100 Stat. 2085, 26
U.S.C.A.
415, as amended.
(E)(1) A member with service credit as a
PERS law
enforcement
officer
or a Hamilton county municipal court bailiff
and other service credit under this chapter
may elect one
of the
following:
(a) To have all the member's service credit under this
chapter,
including credit for service as a
PERS law enforcement
officer
or Hamilton county municipal court bailiff, used
in
calculating a retirement allowance under division
(A) of this
section if the member qualifies for an allowance under
that
division;
(b) If the member qualifies for an allowance under division
(B) or
(C) of this section, to
have the
member's service credit
as a
PERS law enforcement
officer
or
Hamilton county municipal
court bailiff used in
calculating a
benefit under
the appropriate
division and
the member's
credit
for all service other than
PERS
law enforcement
service
or
service as a Hamilton county municipal
court bailiff under this
chapter used in calculating a benefit
consisting of a single life
annuity having a reserve equal to the
amount of the member's
accumulated contributions and an
equal
amount of the employer's
contributions.
(2) Notwithstanding sections 145.01 and 145.30 of the
Revised Code, no more than four years of military service credit
granted under section 145.30 of the Revised Code and five years
of
military service credit purchased under section 145.301 or 145.302
of the
Revised Code shall be used in calculating service as a
PERS
law
enforcement officer
or Hamilton county municipal court bailiff
or the total service credit of that person.
(3) Only credit for the member's service as a
PERS law
enforcement
officer or service credit obtained as a police officer
or state
highway patrol trooper shall be used in computing the
benefit of a member who qualifies for a benefit
under
division
(B)(2)(a), (b), or (d)(ii) or
(4) or division
(C) of
this
section
for the
following:
(a) Any person who originally is commissioned and employed
as a deputy sheriff by the sheriff of any county, or who
originally is elected
sheriff, on or after January 1, 1975;
(b) Any deputy sheriff who originally is employed as a
criminal bailiff
or court constable on or after April 16, 1993;
(c) Any person who originally is appointed as a township
constable or police officer in a township police department or
district on or after January 1, 1981;
(d) Any person who originally is employed as a county
narcotics agent on or after September 26, 1984;
(e) Any person who originally is employed as an undercover
drug agent as defined in section 109.79 of the Revised Code,
department of public safety enforcement agent who prior to June
30, 1999, was a liquor
control investigator, park officer,
forest
officer, wildlife officer,
state watercraft officer, park district
police
officer, conservancy district officer,
Ohio veterans' home
police officer, special police officer for a mental health
institution,
special police officer for an institution for the
mentally retarded
and developmentally disabled, or municipal
police officer on or
after December 15, 1988;
(f) Any person who originally is employed as a state
university
law enforcement officer on or after
November 6, 1996;
(g)
Any person who is originally employed as a state
university law
enforcement officer by the university of Akron on
or after September
16, 1998;
(h) Any person who originally is employed as a preserve
officer
on or after March
18, 1999;
(i) Any person who originally is employed as a natural
resources
law enforcement staff officer on or after March 18,
1999;
(j) Any person who is originally employed as a department
of
public safety enforcement agent on or after June 30,
1999;
(k) Any person who is originally employed as a house
sergeant at arms or assistant house sergeant at arms on or after
September 5, 2001;
(l)
Any person who is originally appointed as a regional
transit authority police officer or state highway patrol police
officer on or after
the effective date of this amendment
February
1, 2002.
(4) Only credit for a member's service as a Hamilton county
municipal court bailiff or service credit obtained as a PERS law
enforcement officer, police officer, or state highway patrol
trooper shall be used in computing the benefit of a member who
qualifies for a benefit under division (B)(2)(c) or (d)(ii) or (4)
or
division (C) of
this
section for any person who originally is
employed as a
Hamilton
county municipal court bailiff on or after
November 6,
1996.
(G)(F) Retirement allowances determined under this section
shall be paid as provided in section 145.46 of the Revised Code.
(H)(G) For the purposes of this section, service prior to
June
30, 1999,
as a food stamp trafficking agent under
former
section
5502.14 of the Revised Code shall be considered service as
a
law
enforcement
officer.
Sec. 151.01. (A) As used in sections 151.01 to
151.09 and
151.40 of
the Revised Code
and
in the applicable bond
proceedings
unless
otherwise provided:
(1)
"Bond proceedings" means the resolutions, orders,
agreements, and
credit enhancement facilities, and amendments and
supplements to
them, or any one or more or combination of them,
authorizing,
awarding, or providing for the terms and conditions
applicable to
or providing for the security or liquidity of, the
particular
obligations, and the provisions contained in those
obligations.
(2)
"Bond service fund" means the respective bond service
fund
created by section 151.03, 151.04, 151.05, 151.06, 151.07,
151.08, 151.09, or 151.40 of the
Revised Code, and any accounts in
that fund,
including all
moneys and investments, and earnings from
investments, credited
and to be credited to that fund and accounts
as and to the extent
provided in the applicable bond proceedings.
(3)
"Capital facilities" means capital facilities or
projects
as
referred to in section 151.03, 151.04, 151.05, 151.06,
151.07,
151.08, 151.09, or 151.40
of the Revised Code.
(4)
"Costs of capital facilities" means the costs of
acquiring,
constructing, reconstructing, rehabilitating,
remodeling,
renovating, enlarging, improving, equipping, or
furnishing capital
facilities, and of the financing of those
costs.
"Costs of capital
facilities" includes, without
limitation,
and in addition to costs
referred to in section
151.03, 151.04,
151.05, 151.06, 151.07,
151.08, 151.09, or 151.40
of the
Revised
Code, the cost of
clearance and preparation of the
site
and of any
land to be used
in connection with capital
facilities,
the cost of
any indemnity
and surety bonds and
premiums on
insurance, all
related direct
administrative expenses
and
allocable portions of
direct costs of
the issuing authority,
costs
of engineering and
architectural
services, designs, plans,
specifications, surveys,
and estimates
of cost, financing costs,
interest on obligations
from their date
to the time when interest
is to be paid from
sources other than
proceeds of obligations,
amounts necessary to
establish any
reserves as required by the
bond proceedings, the
reimbursement of
all moneys advanced or
applied by or borrowed
from any person or
governmental agency or
entity for the payment
of any item of costs
of capital facilities,
and all other expenses
necessary or
incident to planning or
determining feasibility or
practicability
with respect to capital
facilities, and such other
expenses as may
be necessary or
incident to the acquisition,
construction,
reconstruction,
rehabilitation, remodeling,
renovation,
enlargement, improvement,
equipment, and furnishing of
capital
facilities, the financing of
those costs, and the placing
of the
capital facilities in use and
operation, including any one,
part
of, or combination of those
classes of costs and expenses.
(5)
"Credit enhancement facilities,"
"financing costs," and
"interest" or
"interest equivalent" have the same meanings as in
section 133.01 of the Revised Code.
(6)
"Debt service" means principal, including any mandatory
sinking fund or redemption requirements for retirement of
obligations, interest and other accreted amounts, interest
equivalent, and any redemption premium, payable on obligations.
If not prohibited by the applicable bond proceedings, debt service
includes
may include costs relating to credit enhancement
facilities that
are
related to and represent, or are intended to
provide a source of
payment
of or limitation on, other debt
service.
(7)
"Issuing authority" means the Ohio public facilities
commission created in section 151.02 of the Revised Code
for
obligations issued under section 151.03, 151.04, 151.05,
151.07,
or 151.09
of the
Revised Code, or
the treasurer of state,
or the
officer who
by law performs the functions of
that office,
for
obligations
issued under section 151.06, 151.08, or 151.40
of the
Revised Code.
(8)
"Net proceeds" means amounts received from the sale of
obligations, excluding amounts used to refund or retire
outstanding
obligations, amounts required to be deposited into
special funds
pursuant to the applicable bond proceedings, and
amounts to be
used to pay financing costs.
(9)
"Obligations" means bonds, notes, or other evidences of
obligation of the state, including any appertaining interest
coupons, issued pursuant to sections 151.01 to
151.09 or
151.40
of the
Revised Code.
(10)
"Principal amount" means the aggregate of the amount as
stated or provided for in the applicable bond proceedings as the
amount on which interest or interest equivalent on particular
obligations is initially calculated. Principal amount does not
include any premium paid to the state by the initial purchaser of
the obligations.
"Principal amount" of a capital appreciation
bond, as defined in division (C) of section 3334.01 of the Revised
Code, means its face amount, and "principal amount" of a zero
coupon bond, as defined in division (J) of section 3334.01 of the
Revised Code, means the discounted offering price at which the
bond is initially sold to the public, disregarding any purchase
price discount to the original purchaser, if provided for pursuant
to the bond proceedings.
(11)
"Special funds" or
"funds," unless the context
indicates
otherwise, means the bond service fund, and any other
funds,
including any reserve funds, created under the bond
proceedings
and
stated to be special funds in those proceedings,
including
moneys
and investments, and earnings from investments,
credited
and to be
credited to the particular fund. Special funds
do not
include the
school building program assistance fund created
by
section 3318.25
of the Revised Code, the higher education
improvement fund created
by division (F) of section 154.21 of the
Revised Code, the highway
capital improvement bond fund created by
section 5528.53 of the Revised Code,
the state parks
and natural
resources fund created
by section 1557.02 of the Revised Code, the
coal research and
development fund created by section 1555.15 of
the Revised Code,
the clean Ohio conservation fund created by
section 164.27 of the Revised Code, the clean Ohio revitalization
fund created by section 122.658 of the Revised Code,
or other
funds created by the bond proceedings
that are not stated
by those
proceedings to be special funds.
(B) Subject to
Section 2l, 2m, 2n,
2o, or 15, and
Section
17, of
Article VIII, Ohio Constitution, the state, by the
issuing
authority, is authorized to issue and sell, as provided in
sections 151.03 to
151.09 or 151.40 of the Revised Code,
and in
respective
aggregate principal amounts as from time to time
provided or
authorized by the general assembly, general
obligations of this
state for the purpose of paying costs of
capital facilities or
projects identified by or pursuant to
general assembly action.
(C) Each issue of obligations shall be authorized by
resolution
or order of the issuing authority. The bond
proceedings shall provide for
or authorize the manner for
determining the principal amount or
maximum principal amount of
obligations of an issue, the principal
maturity or maturities, the
interest rate or rates, the date of
and the dates of payment of
interest on the obligations, their
denominations, and the place or
places of payment of debt service
which may be within or outside
the state. Unless otherwise
provided by law, the latest principal
maturity may not be later
than the earlier of the thirty-first day
of December of the
twenty-fifth calendar year after the year of
issuance of the
particular obligations or of the twenty-fifth
calendar year after
the year in which the original obligation to
pay was issued or
entered into. Sections 9.96, 9.98, 9.981,
9.982, and 9.983 of the Revised
Code apply to obligations. The
purpose of the obligations
may be stated in the bond proceedings
in general terms, such as,
as applicable,
"financing or assisting
in the financing of
projects as provided in Section 2l of Article
VIII, Ohio
Constitution,"
"financing or assisting in the financing
of highway
capital improvement projects as provided in Section 2m
of Article VIII,
Ohio Constitution,"
"paying costs of capital
facilities for
a system of common schools throughout the state as
authorized by
Section 2n of Article VIII, Ohio Constitution,"
"paying
costs of capital facilities for state-supported and
state-assisted
institutions of higher education as authorized by
Section
2n of Article VIII, Ohio Constitution,"
"paying costs of
coal research and development as authorized by Section 15 of
Article
VIII, Ohio Constitution,"
"financing or
assisting in
the
financing of local subdivision capital improvement
projects as
authorized by Section 2m of Article VIII,
Ohio Constitution,"
"paying costs of conservation projects as authorized by Section 2o
of Article VIII, Ohio Constitution,"
or "paying costs of
revitalization projects as
authorized by Section 2o
of Article
VIII, Ohio Constitution."
(D) The issuing authority may appoint or provide for the
appointment of paying agents, bond registrars, securities
depositories, clearing corporations, and transfer agents, and may
without need for any other approval retain or contract for the
services of
underwriters, investment
bankers, financial advisers,
accounting experts, marketing,
remarketing, indexing, and
administrative agents, other
consultants, and independent
contractors, including printing
services, as are necessary in the
judgment of the issuing
authority to carry out
the issuing
authority's functions under
this
chapter.
When the issuing
authority
is
the Ohio public facilities
commission, the issuing
authority
also
may without need for any
other approval retain or
contract for the
services of attorneys
and other professionals for
that purpose.
Financing costs are
payable, as may be provided in
the bond
proceedings, from the
proceeds of the obligations, from
special
funds, or from other
moneys available for the purpose.
(E) The bond proceedings may contain additional provisions
customary or appropriate to the financing or to the obligations or
to particular obligations including, but not limited to,
provisions
for:
(1) The redemption of obligations prior to maturity at the
option of the state or of the holder or upon the occurrence of
certain conditions, and at particular price or prices and under
particular terms and conditions;
(2) The form of and other terms of the obligations;
(3) The establishment, deposit, investment, and application
of
special funds, and the safeguarding of moneys on hand or on
deposit,
in lieu of the applicability of provisions of Chapter
131. or 135.
of the Revised Code, but subject to any special
provisions of
sections 151.01 to
151.09 or 151.40 of the
Revised
Code with
respect to the
application of particular funds
or
moneys. Any
financial
institution that acts as a depository of
any moneys in
special
funds or other funds under the bond
proceedings may
furnish
indemnifying bonds or pledge securities as
required by the
issuing
authority.
(4) Any or every provision of the bond proceedings being
binding
upon the issuing authority and upon such governmental
agency or
entity, officer, board, commission, authority, agency,
department,
institution, district, or other person or body as may
from time to
time be authorized to take actions as may be
necessary to perform
all or any part of the duty required by the
provision;
(5) The maintenance of each pledge or instrument comprising
part
of the bond proceedings until the state has fully paid or
provided
for the payment of the debt service on the obligations or
met other
stated conditions;
(6) In the event of default in any payments required to be
made
by the bond proceedings, or by any other agreement of the
issuing
authority made as part of a contract under which the
obligations
were issued or secured, including a credit enhancement
facility, the
enforcement of those payments by mandamus, a suit in
equity, an action
at law, or any combination of those remedial
actions;
(7) The rights and remedies of the holders or owners of
obligations or of book-entry interests in them, and of third
parties
under any credit enhancement facility, and provisions for
protecting and enforcing those rights and remedies, including
limitations on rights of individual holders or owners;
(8) The replacement of mutilated, destroyed, lost, or stolen
obligations;
(9) The funding, refunding, or advance refunding, or other
provision for payment, of obligations that will then no longer be
outstanding for purposes of this section or of the applicable bond
proceedings;
(10) Amendment of the bond proceedings;
(11) Any other or additional agreements with the owners of
obligations, and such other provisions as the issuing authority
determines, including limitations, conditions, or qualifications,
relating to any of the foregoing.
(F) The great seal of the state or a facsimile of it may be
affixed to or printed on the obligations. The obligations
requiring
execution by or for the issuing authority shall be
signed as
provided in the bond proceedings. Any obligations may
be signed
by the individual who on the date of execution is the
authorized
signer although on the date of these obligations that
individual
is not an authorized signer. In case the individual
whose
signature or facsimile signature appears on any obligation
ceases
to be an authorized signer before delivery of the
obligation, that
signature or facsimile is nevertheless valid and
sufficient for
all purposes as if that individual had remained the
authorized
signer until delivery.
(G) Obligations are investment securities under Chapter
1308.
of the Revised Code. Obligations may be issued in bearer or
in
registered form, registrable as to principal alone or as to
both
principal and interest, or both, or in certificated or
uncertificated form, as the issuing authority determines.
Provision may be made for the exchange, conversion, or transfer of
obligations and for reasonable charges for registration, exchange,
conversion, and transfer. Pending preparation of final
obligations, the issuing authority may provide for the issuance of
interim instruments to be exchanged for the final obligations.
(H) Obligations may be sold at public sale or at private
sale,
in such manner, and at such price at, above or below par,
all as determined by
and provided by the issuing authority in the
bond proceedings.
(I) Except to the extent that rights are restricted by the
bond
proceedings, any owner of obligations or provider of a credit
enhancement facility may by any suitable form of legal proceedings
protect and enforce any rights relating to obligations or that
facility under the laws of this state or granted by the bond
proceedings. Those rights include the right to compel the
performance of all applicable duties of the issuing authority and
the state. Each duty of the issuing authority and that
authority's officers, staff, and employees, and of each state
entity or agency, or using district or using institution, and its
officers, members, staff, or employees, undertaken pursuant to the
bond proceedings, is hereby established as a duty of the entity or
individual having authority to perform that duty, specifically
enjoined by law and resulting from an office, trust, or station
within the meaning of section 2731.01 of the Revised Code. The
individuals who are from time to time the issuing authority,
members or
officers of the
issuing authority, or those members'
designees acting pursuant to
section 154.02 of the Revised Code,
or the issuing authority's officers,
staff, or employees, are not
liable in their personal capacities on any
obligations or
otherwise under the bond proceedings.
(J)(1) Subject to
Section 2l, 2m, 2n,
2o, or 15, and
Section 17,
of Article VIII, Ohio Constitution and sections 151.01
to
151.09 or 151.40
of the Revised Code, the issuing
authority
may, in addition
to the
authority referred to in
division (B) of
this section,
authorize
and provide for the
issuance of:
(a) Obligations in the form of bond anticipation notes, and
may
provide for the renewal of those notes from time to time by
the
issuance of new notes. The holders of notes or appertaining
interest coupons have the right to have debt service on those
notes paid solely from the moneys and special funds that are or
may be pledged to that payment, including the proceeds of bonds or
renewal notes or both, as the issuing authority provides in the
bond proceedings authorizing the notes. Notes may be additionally
secured by covenants of the issuing authority to the effect that
the issuing authority and the state will do all things necessary
for the issuance of bonds or renewal notes in such principal
amount and upon such terms as may be necessary to provide moneys
to pay when due the debt service on the notes, and apply their
proceeds to the extent necessary, to make full and timely payment
of debt service on the notes as provided in the applicable bond
proceedings.
In the bond proceedings authorizing the issuance of
bond
anticipation notes the issuing authority shall set forth for
the
bonds anticipated an estimated schedule of annual principal
payments
the latest of which shall be no later than provided in
division
(C) of this section. While the notes are outstanding
there shall
be deposited, as shall be provided in the bond
proceedings for
those notes, from the sources authorized for
payment of debt
service on the bonds, amounts sufficient to pay
the principal of
the bonds anticipated as set forth in that
estimated schedule
during the time the notes are outstanding,
which amounts shall be
used solely to pay the principal of those
notes or of the bonds
anticipated.
(b) Obligations for the refunding, including funding and
retirement, and advance refunding with or without payment or
redemption prior to maturity, of any obligations previously
issued.
Refunding obligations may be issued in amounts sufficient
to pay
or to provide for repayment of the principal amount,
including
principal amounts maturing prior to the redemption of
the
remaining prior obligations, any redemption premium, and
interest
accrued or to accrue to the maturity or redemption date
or dates,
payable on the prior obligations, and related financing
costs and
any expenses incurred or to be incurred in connection
with that
issuance and refunding. Subject to the applicable bond
proceedings, the portion of the proceeds of the sale of refunding
obligations issued under division (J)(1)(b) of this
section to be
applied to
debt service on the prior obligations shall be credited
to an
appropriate separate account in the bond service fund and
held in
trust for the purpose by the issuing authority or by a
corporate
trustee. Obligations authorized under this division
shall be
considered to be issued for those purposes for which the
prior
obligations were issued.
(2) Except as otherwise provided in sections 151.01 to
151.09 or 151.40 of the Revised
Code, bonds or notes
authorized
pursuant to
division (J) of this section are subject to
the
provisions of
those
sections pertaining to obligations
generally.
(3) The principal amount of refunding or renewal obligations
issued pursuant to division (J) of this section shall be in
addition
to the amount authorized by the general assembly as
referred to in division
(B) of the following sections: section
151.03, 151.04, 151.05,
151.06, 151.07,
151.08, 151.09, or
151.40
of the Revised
Code.
(K) Obligations are lawful investments for banks, savings
and
loan associations, credit union share guaranty corporations,
trust
companies, trustees, fiduciaries, insurance companies,
including
domestic for life and domestic not for life, trustees or
other
officers having charge of sinking and bond retirement or
other
special funds of the state and political subdivisions and
taxing
districts of this state, the sinking fund, the
administrator of
workers' compensation subject to the approval of
the workers'
compensation board, the state teachers retirement
system, the
public employees retirement system, the school
employees
retirement system, and the Ohio police and fire
pension
fund, notwithstanding any other provisions of the Revised Code or
rules adopted pursuant to those provisions by any state
agency
with respect to investments by them, and are also
acceptable as
security for the repayment of the deposit of public
moneys. The
exemptions from taxation in Ohio as provided for in
particular
sections of the Ohio Constitution and section
5709.76 of the
Revised Code apply to the obligations.
(L)(1) Unless otherwise provided or provided for in any
applicable
bond proceedings, moneys to the credit of or in a
special fund
shall be disbursed on the order of the issuing
authority. No such
order is required for the payment, from the
bond service fund or
other special fund, when due of debt service
or required payments
under credit enhancement facilities.
(2) Payments received by the state under interest rate
hedges
entered into as credit enhancement facilities under this
chapter shall
be deposited to the credit of the bond service fund
for the obligations
to which those credit enhancement facilities
relate.
(M) The full faith and credit, revenue, and taxing power of
the
state are and shall be pledged to the timely payment of debt
service on outstanding obligations as it comes due, all in
accordance with Section 2l, 2m, 2n,
2o, or 15 of Article VIII,
Ohio
Constitution, and section 151.03, 151.04, 151.05, 151.06,
151.07,
151.08, or 151.09 of the Revised Code. Moneys referred
to in Section
5a
of Article XII, Ohio Constitution, may not be
pledged or used
for
the payment of debt service except on
obligations referred to
in
section 151.06 of the Revised Code.
Net
state lottery proceeds, as provided for and referred to in section
3770.06 of the Revised Code, may not be pledged or used for the
payment of debt service except on obligations referred to in
section 151.03 of the Revised Code.
The
state covenants, and
that
covenant shall be controlling
notwithstanding any other
provision
of law, that the state and the
applicable officers and
agencies of
the state, including the
general assembly, shall, so
long as any
obligations are
outstanding in accordance with their
terms,
maintain statutory
authority for and cause to be levied,
collected
and applied
sufficient pledged excises, taxes, and
revenues of the
state so
that the revenues shall be sufficient in
amounts to pay
debt
service when due, to establish and maintain
any reserves and
other
requirements, and to pay financing costs,
including costs of
or
relating to credit enhancement facilities,
all as provided for
in
the bond proceedings. Those excises,
taxes, and revenues are
and
shall be deemed to be levied and
collected, in addition to the
purposes otherwise provided for by
law, to provide for the payment
of debt service and financing
costs in accordance with sections
151.01 to
151.09 of the Revised Code and the
bond
proceedings.
(N) The general assembly may from time to time repeal or
reduce
any excise, tax, or other source of revenue pledged to the
payment
of the debt service pursuant to Section 2l, 2m, 2n,
2o, or
15
of
Article VIII, Ohio Constitution, and sections 151.01 to
151.09 or 151.40
of the Revised Code, and may levy, collect
and
apply
any
new or
increased excise, tax, or revenue to meet the
pledge,
to
the
payment of debt service on outstanding obligations,
of the
state's
full faith and credit, revenue and taxing power,
or
of designated revenues and receipts, except
fees,
excises or taxes
referred to in Section 5a of
Article XII,
Ohio
Constitution, for
other than obligations referred to in
section
151.06 of the
Revised Code and except net state lottery
proceeds
for other than
obligations referred to in section 151.03
of the
Revised Code.
Nothing in division (N) of this section
authorizes
any
impairment
of the obligation of this state to levy
and collect
sufficient
excises, taxes, and revenues to pay debt
service on
obligations
outstanding in accordance with their terms.
(O) Each bond service fund is a trust fund and is hereby
pledged to the payment of debt service on the applicable
obligations. Payment of that debt service shall be made or
provided for by the issuing authority in accordance with the bond
proceedings without necessity for any act of appropriation. The
bond proceedings may provide for the establishment of separate
accounts in the bond service fund and for the application of those
accounts only to debt service on specific obligations, and for
other accounts in the bond service fund within the general
purposes of that fund.
(P) Subject to the bond proceedings pertaining to any
obligations
then outstanding in accordance with their terms, the
issuing
authority may in the bond proceedings pledge all, or such
portion
as the issuing authority determines, of the moneys in the
bond
service fund to the payment of debt service on particular
obligations, and for the establishment and maintenance of any
reserves for payment of particular debt service.
(Q)
The issuing authority shall by the
fifteenth day of
July of each fiscal year, certify or cause to
be certified to the
office of budget and
management the total
amount of moneys
required during the current
fiscal year to meet
in full all debt
service on the respective
obligations and any
related financing
costs payable from the
applicable bond service
fund and not from
the proceeds of
refunding or renewal
obligations. The issuing
authority
shall make or cause to be made
supplemental
certifications to the
office of budget and management
for each
debt service payment date
and at such other times during
each
fiscal year as may be provided
in the bond proceedings or
requested by that office. Debt
service, costs of credit
enhancement facilities, and other
financing costs shall be set
forth separately in each
certification. If and so long as the
moneys to
the credit of the bond service fund, together with any
other
moneys available for the purpose, are insufficient to meet
in full
all payments when due of the amount required as stated in
the
certificate or otherwise, the office of budget and management
shall at the times as provided in the bond proceedings, and
consistent with any particular provisions in sections 151.03 to
151.09 and 151.40 of the Revised Code, transfer a sufficient
amount to
the
bond service fund from the pledged revenues in the
case of obligations issued pursuant to section 151.40 of the
Revised Code, and in the case of other obligations from the
revenues derived from excises,
taxes,
and other revenues,
including net state lottery proceeds in
the
case of obligations
referred to in section 151.03 of the
Revised
Code.
(R) Unless otherwise provided in any applicable bond
proceedings, moneys to the credit of special funds may be invested
by or on behalf of the state only in one or more of the following:
(1) Notes,
bonds, or other direct obligations of the
United
States or of any agency or instrumentality of the United
States,
or in
no-front-end-load money market mutual funds
consisting
exclusively
of those obligations, or in repurchase
agreements,
including those
issued by any fiduciary, secured by
those
obligations, or
in collective investment funds consisting
exclusively of those
obligations;
(2) Obligations of this state or any political subdivision
of
this state;
(3) Certificates of deposit of any national bank located in
this
state and any bank, as defined in section 1101.01 of the
Revised Code, subject
to inspection by the superintendent of
financial institutions;
(4) The treasurer of state's pooled investment program under
section 135.45 of the Revised Code.
The income from investments referred to in division (R)
of
this section shall, unless otherwise provided in sections 151.01
to
151.09 or 151.40
of the Revised Code, be
credited to
special
funds or
otherwise as the
issuing authority determines in
the bond
proceedings. Those
investments may be sold or exchanged
at times
as the issuing
authority determines, provides for, or
authorizes.
(S) The treasurer of state shall have responsibility for
keeping
records, making reports, and making payments, relating to
any
arbitrage rebate requirements under the applicable bond
proceedings.
Sec. 151.40. (A) As used in this section:
(1) "Bond proceedings" includes any trust agreements, and
any amendments or supplements to them, as
authorized by this
section.
(2) "Costs of revitalization projects" includes related
direct administrative expenses and allocable portions of the
direct costs of those projects of the department of development or
the
environmental protection agency.
(3) "Issuing authority" means the treasurer of state.
(4) "Obligations" means obligations
as defined in section
151.01 of the Revised Code issued to pay the costs
of projects for
revitalization purposes as referred to in division
(A)(2) of
Section 2o of Article VIII, Ohio Constitution.
(5) "Pledged liquor profits" means all receipts of the
state
representing the gross profit on the sale of spirituous
liquor, as
referred to in division (B)(4) of section 4301.10 of
the Revised
Code, after paying all costs and expenses of the
division of
liquor control and providing an adequate working
capital reserve
for the division of liquor control as provided in
that division,
but excluding the sum required by the second
paragraph of section
4301.12 of the Revised Code, as it was in
effect on May 2, 1980,
to be paid into the state treasury.
(6) "Pledged receipts" means, as and to the extent provided
in bond proceedings:
(a) Pledged liquor profits. The pledge of pledged liquor
profits to obligations is subject to the priority of the pledge of
those profits to obligations issued and to be issued, and
guarantees made and to be made, pursuant to Chapter 166. of the
Revised Code.
(b) Moneys accruing to the state from the lease, sale, or
other disposition or use of revitalization projects or from the
repayment, including any interest, of loans or advances made from
net proceeds;
(c) Accrued interest received from the sale of obligations;
(d) Income from the investment of the special funds;
(e) Any gifts, grants, donations, or pledges, and receipts
therefrom, available for the payment of debt service;
(f) Additional or any other specific revenues or receipts
lawfully available to be
pledged, and pledged, pursuant to further
authorization by the general assembly, to the payment of debt
service.
(B) The issuing authority shall issue obligations of the
state to pay
costs of revitalization projects pursuant to division
(B)(2) of
Section 2o of Article VIII, Ohio Constitution, section
151.01 of
the Revised Code as applicable to this section, and this
section. The issuing authority, upon
the certification to it by
the clean Ohio council of the amount of
moneys needed in and for
the purposes of the clean Ohio revitalization
fund created by
section 122.658 of the Revised Code, shall issue
obligations in
the
amount determined by the issuing
authority to be required for
those purposes. The total principal amount of obligations issued
under this section shall not exceed two hundred million dollars.
The provisions and authorizations in section
151.01 of the Revised
Code apply to the obligations and the bond
proceedings except as
otherwise provided or provided for in those
obligations and bond
proceedings.
(C) Net proceeds of obligations
shall be deposited in the
clean Ohio revitalization fund created in section 122.658 of the
Revised Code.
(D) There is hereby created the
revitalization projects
bond
service fund, which shall be in the custody of the treasurer
of
state, but shall be separate and apart from and not a part of
the
state treasury. All money received by
the state and required
by
the bond proceedings, consistent with
section 151.01 of the
Revised Code and this section, to be
deposited, transferred, or
credited to the bond service fund, and
all other money transferred
or allocated to or received for the
purposes of that fund, shall
be deposited and credited to the bond
service fund, subject to any
applicable provisions of the bond
proceedings, but without
necessity for any act of appropriation.
During the period
beginning with the date of the first issuance of
obligations and
continuing during the time that any obligations
are outstanding in
accordance with their terms, so long as moneys
in the bond service
fund are insufficient to pay debt service when
due on those
obligations payable from that fund, except the
principal amounts
of bond anticipation notes payable from the
proceeds of renewal
notes or bonds anticipated, and due in the
particular fiscal year,
a sufficient amount of pledged receipts is
committed and, without
necessity for further act of appropriation,
shall be paid to the
bond service fund for the purpose of paying
that debt service when
due.
(E) The issuing authority may pledge all, or such portion
as
the issuing authority determines, of the pledged receipts to
the
payment of the debt service charges on obligations issued
under
this section, and for the establishment and maintenance of
any
reserves, as provided in the bond proceedings, and make other
provisions in the bond proceedings with respect to pledged
receipts as authorized by this section, which provisions are
controlling notwithstanding any other provisions of law pertaining
to them.
(F) The issuing authority may covenant in the bond
proceedings, and such covenants shall be controlling
notwithstanding any other provision of law, that the state and
applicable officers and state agencies, including the general
assembly, so long as any obligations issued under this section are
outstanding, shall maintain statutory authority for and cause to
be charged and collected wholesale or retail prices for spirituous
liquor sold by the state or its agents so that the available
pledged receipts are sufficient in time and amount to meet debt
service payable from pledged liquor profits and for the
establishment and maintenance of any reserves and other
requirements provided for in the bond proceedings.
(G) Obligations
may be further secured, as determined by
the
issuing authority, by a trust agreement between
the state and
a
corporate trustee, which may be
any trust company
or bank having
its principal place of business
within the state.
Any trust
agreement may contain the
resolution or
order authorizing the
issuance of the obligations,
any provisions
that may be contained
in any bond proceedings, and
other
provisions that are customary
or appropriate in an agreement
of that type, including, but not
limited to:
(1) Maintenance of each pledge, trust agreement, or other
instrument comprising part of the bond proceedings until
the state
has fully paid or provided for the payment of debt
service on the
obligations secured by it;
(2) In the event of default in any payments required to be
made by the bond proceedings, enforcement of those payments or
agreements by mandamus, the appointment of a receiver, suit in
equity, action at law, or any combination of them;
(3) The rights and remedies of the holders or owners of
obligations and of the trustee and provisions for protecting and
enforcing them, including limitations on rights of individual
holders and owners.
(H) The obligations shall not be
general obligations of the
state and the full faith and credit, revenue, and taxing power of
the state shall not be pledged to the payment of debt service on
them. The holders
or owners of the obligations shall have no right
to have any moneys obligated or
pledged for the payment of debt
service except as provided in
this section and in the applicable
bond proceedings. The rights
of the holders and owners to payment
of debt service are limited
to all or that portion of the pledged
receipts, and those special
funds, pledged to the payment of debt
service pursuant to the bond
proceedings in accordance with this
section, and each obligation
shall bear on its face a statement to
that effect.
Sec. 152.09. (A) As used in sections 152.06 and 152.09 to
152.33 of the Revised Code:
(1) "Obligations" means bonds, notes, or other evidences
of
obligation, including interest coupons pertaining thereto,
issued
pursuant to sections 152.09 to 152.33 of the Revised Code.
(2) "State agencies" means the state of Ohio and branches,
officers, boards, commissions, authorities, departments,
divisions, courts, general assembly, or other units or agencies
of
the state. "State agency" also includes counties, municipal
corporations, and governmental entities
of this state that enter
into leases with the Ohio building authority pursuant to section
152.31 of the Revised Code or that are designated by law as state
agencies for the purpose of performing a state function that is
to
be housed by a capital facility for which the Ohio building
authority is authorized to issue revenue obligations pursuant to
sections 152.09 to 152.33 of the Revised Code.
(3) "Bond service charges" means principal, including
mandatory sinking fund requirements for retirement of
obligations,
and interest, and redemption premium, if any,
required to be paid
by the Ohio building authority on
obligations.
(4) "Capital facilities" means buildings, structures, and
other improvements, and equipment, real estate, and interests in
real estate therefor, within the state, and any one, part of, or
combination of the foregoing, for housing of branches and
agencies
of state government, including capital facilities for
the purpose
of housing personnel, equipment, or functions, or any
combination
thereof that the state agencies are responsible for
housing, for
which the Ohio building authority is authorized to
issue
obligations pursuant to Chapter 152. of the Revised Code,
and
includes storage and parking facilities related to such
capital
facilities.
(5) "Cost of capital facilities" means the costs of
acquiring, constructing, reconstructing, rehabilitating,
remodeling, renovating, enlarging, improving, altering,
maintaining, equipping,
furnishing, repairing, painting,
decorating, managing, or
operating capital facilities, and the
financing thereof,
including the cost of clearance and preparation
of the site and
of any land to be used in connection with capital
facilities, the cost of
participating in capital facilities
pursuant to section 152.33
of the Revised Code, the
cost of any
indemnity and surety bonds and premiums on insurance,
all related
direct administrative expenses and allocable portions
of direct
costs of the authority and lessee state agencies, cost
of
engineering and architectural services, designs, plans,
specifications, surveys, and estimates of cost, legal fees, fees
and expenses of trustees, depositories, and paying agents for the
obligations, cost of issuance of the obligations and financing
charges and fees and expenses of financial advisers and
consultants in connection therewith, interest on obligations from
the date thereof to the time when interest is to be covered from
sources other than proceeds of obligations, amounts necessary to
establish reserves as required by the resolutions or the
obligations, trust agreements, or indentures, costs of audits,
the
reimbursement of all moneys advanced or applied by or
borrowed
from any governmental entity, whether to or by the
authority or
others, from whatever source provided, for the
payment of any item
or items of cost of the capital facilities,
any share of the cost
undertaken by the authority pursuant to
arrangements made with
governmental entities under division (J)
of section 152.21 of the
Revised Code, and all other expenses
necessary or incident to
planning or determining the feasibility
or practicability with
respect to capital facilities, and such
other expenses as may be
necessary or incident to the
acquisition, construction,
reconstruction, rehabilitation,
remodeling, renovation,
enlargement, improvement, alteration,
maintenance, equipment,
furnishing, repair, painting, decoration, management, or
operation
of capital facilities, the financing thereof and the
placing of
the same in use and operation, including any one, part
of, or
combination of such classes of costs and expenses.
(6) "Governmental entity" means any state agency,
municipal
corporation, county, township, school district, and any
other
political subdivision or special district in this state
established pursuant to law, and, except where otherwise
indicated, also means the United States or any of the states or
any department, division, or agency thereof, and any agency,
commission, or authority established pursuant to an interstate
compact or agreement.
(7) "Governing body" means:
(a) In the case of a county, the board of county
commissioners or other legislative authority; in the case of a
municipal corporation, the legislative authority; in the case of
a
township, the board of township trustees; in the case of a
school
district, the board of education;
(b) In the case of any other governmental entity, the
officer, board, commission, authority, or other body having the
general management of the entity or having jurisdiction or
authority in the particular circumstances.
(8) "Available receipts" means fees, charges, revenues,
grants, subsidies, income from the investment of moneys, proceeds
from the sale of goods or services, and all other revenues or
receipts received by or on behalf of any state agency for which
capital facilities are financed with obligations issued under
Chapter 152. of the Revised Code, any state agency participating
in
capital facilities pursuant to section 152.33 of the Revised
Code, or any state
agency by which the
capital facilities are
constructed or financed; revenues or
receipts derived by the
authority from the operation, leasing, or
other disposition of
capital facilities, and the proceeds of
obligations issued under
Chapter 152. of the Revised Code; and
also any moneys appropriated
by a governmental entity, gifts,
grants, donations, and pledges,
and receipts therefrom, available
for the payment of bond service
charges on such obligations.
(B) Pursuant to the powers granted to the general assembly
under Section 2i of Article VIII, Ohio Constitution, to authorize
the issuance of revenue obligations and other obligations, the
owners or holders of which are not given the right to have
excises
or taxes levied by the general assembly for the payment
of
principal thereof or interest thereon, the Ohio building
authority
may issue obligations, in accordance with Chapter 152.
of the
Revised Code, and shall cause the
net proceeds thereof, after any
deposits of accrued interest for the payment of bond service
charges and after any deposit of all or such lesser portion as the
authority may direct of the premium received upon the sale of
those obligations for the payment of the bond service charges, to
be
applied to the costs of capital facilities designated by or
pursuant to act of the general assembly for housing state
agencies
as authorized by Chapter 152. of the Revised Code. The
authority
shall provide by resolution for the issuance of such
obligations.
The bond service charges and all other payments
required to be
made by the trust agreement or indenture securing
such obligations
shall be payable solely from available receipts
of the authority
pledged thereto as provided in such resolution.
The available
receipts pledged and thereafter received by the
authority are
immediately subject to the lien of such pledge
without any
physical delivery thereof or further act, and the
lien of any such
pledge is valid and binding against all parties
having claims of
any kind against the authority, irrespective of
whether those
parties have notice thereof, and creates a
perfected security
interest for all purposes of Chapter 1309. of
the Revised Code and
a perfected lien for purposes of any real
property interest, all
without the necessity for separation or
delivery of funds or for
the filing or recording of the
resolution, trust agreement,
indenture, or other agreement by
which such pledge is created or
any certificate, statement, or
other document with respect
thereto; and the pledge of such
available receipts is effective
and the money therefrom and
thereof may be applied to the purposes
for which pledged. Every
pledge, and every covenant and agreement
made with respect to the
pledge, made in the resolution may
therein be extended to the
benefit of the owners and holders of
obligations authorized by
Chapter 152. of the Revised Code, and to
any trustee therefor,
for the further securing of the payment of
the bond service
charges, and all or any rights under any
agreement or lease made
under this section may be assigned for
such purpose. Obligations
may be issued at one time or from time
to time, and each issue
shall be dated, shall mature at such time
or times as determined
by the authority not exceeding forty years
from the date of
issue, and may be redeemable before maturity at
the option of the
authority at such price or prices and under such
terms and
conditions as are fixed by the authority prior to the
issuance of
the obligations. The authority shall determine the
form of the
obligations, fix their denominations, establish their
interest
rate or rates, which may be a variable rate or rates, or
the
maximum interest rate, and establish within or without this
state
a place or places of payment of bond service
charges.
(C) The obligations shall be signed by the authority
chairperson,
vice-chairperson, and secretary-treasurer, and the
authority seal shall be affixed. The signatures may be facsimile
signatures and the seal affixed may be a facsimile seal, as
provided by resolution of the authority. Any coupons attached
may
bear the facsimile signature of the chairperson. In case any
officer who has signed any obligations, or caused the officer's
facsimile
signature to be affixed thereto, ceases to be such
officer before
such obligations have been delivered, such
obligations may,
nevertheless, be issued and delivered as though
the person who
had signed the obligations or caused the person's
facsimile
signature to be affixed thereto had not ceased to be
such officer.
Any obligations may be executed on behalf of the authority
by
an officer who, on the date of execution, is the proper
officer
although on the date of such obligations such person was
not the
proper officer.
(D) All obligations issued by the authority shall have all
the qualities and incidents of negotiable instruments and may be
issued in coupon or in registered form, or both, as the authority
determines. Provision may be made for the registration of any
obligations with coupons attached thereto as to principal alone
or
as to both principal and interest, their exchange for
obligations
so registered, and for the conversion or reconversion
into
obligations with coupons attached thereto of any obligations
registered as to both principal and interest, and for reasonable
charges for such registration, exchange, conversion, and
reconversion. The authority may sell its obligations in any
manner and for such prices as it determines, except that the
authority shall sell obligations sold at public or private sale
in
accordance with section 152.091 of the Revised Code.
(E) The obligations of the authority, principal, interest,
and any proceeds from their sale or transfer, are exempt from all
taxation within this state.
(F) The authority is authorized to issue revenue
obligations
and other obligations under Section 2i of Article
VIII, Ohio
Constitution, for the purpose of paying the cost of
capital
facilities for housing of branches and agencies of state
government, including capital facilities for the purpose of
housing personnel, equipment, or functions, or any combination
thereof that the state agencies are responsible for housing, as
are authorized by Chapter 152. of the Revised Code, and that are
authorized by the general assembly by the appropriation of lease
payments or other moneys for such capital facilities or by any
other act of the general assembly, but not including the
appropriation of moneys for feasibility studies for such capital
facilities. This division does not authorize the authority to
issue obligations pursuant to Section 2i of Article VIII, Ohio
Constitution, to pay the cost of capital facilities for mental
hygiene and retardation, parks and recreation, or state-supported
or state-assisted institutions of higher education.
Sec. 152.10. The resolution of the Ohio building authority
authorizing the issuance of authority obligations may contain
provisions which shall be part of the contract with the holders
of
the obligations as to:
(A) Pledging all or such portion as it determines of the
available receipts of the authority for the payment of bond
service charges and all other payments required to be made by the
trust agreement or indenture securing such obligations, or
restricting the security for a particular issue of obligations to
specific revenues or receipts of the authority;
(B) The acquisition, construction, reconstruction,
equipment, furnishing, improvement, operation, alteration,
enlargement, maintenance, insurance, and repair of capital
facilities and sites therefor, and the duties of the authority
with reference thereto;
(C) Other terms of the obligations;
(D) Limitations on the purposes to which the proceeds of
the
obligations may be applied;
(E) The rate of rentals or other charges for the use of
capital facilities, the revenues from which are pledged to the
obligations authorized by such resolution, including limitations
upon the power of the authority to modify such rentals or other
charges;
(F) The use of and the expenditures of the revenues of the
authority in such manner and to such extent as shall be
determined, which may include provision for the payment of the
expenses of the operation, maintenance, and repair of capital
facilities, and the operation and administration of the authority
so that such expenses shall be paid or provided as a charge prior
to the payment of bond service charges and all other payments
required to be made by the trust agreement or indenture securing
such obligations;
(G) Limitations on the issuance of additional obligations;
(H) The terms of any trust agreement or indenture securing
the obligations or under which the same may be issued;
(I) Any other or additional agreements with the holders of
the obligations, or the trustee therefor with respect to the
operation of the authority and with respect to its property,
funds, and revenues, and insurance thereof, and of the authority,
its members, officers, and employees;
(J) The deposit and application of funds and the
safeguarding of funds on hand or on deposit without regard to
Chapter 131. of the Revised Code, including any deposits of
accrued interest for the payment of bond service charges and any
deposits of premium for the payment of bond service charges or for
the application to the payment of costs of capital facilities;
(K) Municipal bond insurance, letters of credit, and other
related agreements, the cost of which may be included in the
costs
of issuance of the obligations, and the pledge, holding,
and
disposition of the proceeds thereof;
(L) A covenant that the state and any using state agency
shall, so long as such obligations are outstanding, cause to be
charged and collected such revenues and receipts of, or from, any
such using state agency constituting available receipts under the
resolution sufficient in amount to provide for the payment of
bond
service charges on such obligations and for the
establishment and
maintenance of any reserves, as provided in the
resolution for
such obligations, which covenant shall be
controlling
notwithstanding any other provision of law
pertainng
pertaining to
such revenues and receipts; provided that no
covenant shall
require the general assembly to appropriate money
derived from the
levying of excises or taxes for the payment of
rent or bond
service charges.
Sec. 152.101. There is hereby created in the state treasury
the administrative building fund which shall consist of proceeds
of obligations authorized to pay the cost of capital facilities.
Except as provided in section 123.10 of the Revised Code, all
investment earnings of the fund shall be credited to the fund.
The
fund shall be used to pay the costs of capital facilities
designated by or pursuant to an act of the general assembly.
Sec. 166.01. As used in this chapter:
(A) "Allowable costs" means all or part of the costs of
project facilities
or eligible innovation projects, including
costs of acquiring, constructing,
reconstructing, rehabilitating,
renovating, enlarging, improving,
equipping, or furnishing project
facilities
or eligible innovation projects, site clearance and
preparation, supplementing and relocating public capital
improvements or utility facilities, designs, plans,
specifications, surveys, studies, and estimates of costs,
expenses
necessary or incident to determining the feasibility or
practicability of assisting an eligible project
or an eligible
innovation project or providing
project facilities
or facilities
related to an eligible innovation project, architectural,
engineering, and legal
services fees and expenses, the costs of
conducting any other
activities as part of a voluntary action, and
such other expenses
as may be necessary or incidental to the
establishment or
development of an eligible project
or an eligible
innovation project, and reimbursement of moneys
advanced or
applied by any governmental agency or other person
for allowable
costs.
(B)
"Allowable innovation costs" includes allowable costs of
eligible innovation projects and, in addition, includes the costs
of research and
development of eligible innovation projects;
obtaining or creating
any requisite software or computer hardware
related to an eligible
innovation project or the products or
services associated
therewith; testing (including, without
limitation, quality control activities necessary
for initial
production), perfecting, and marketing of such products
and
services; creating and protecting intellectual property
related to
an eligible innovation project or any products or
services related
thereto, including costs of securing appropriate
patent,
trademark, trade secret, trade dress, copyright, or other
form of
intellectual property protection for an eligible
innovation
project or related products and services; all to the
extent that
such expenditures could be capitalized under
then-applicable
generally accepted accounting principles; and the
reimbursement of
moneys advanced or applied by any governmental
agency or other
person for allowable innovation costs.
(C) "Eligible innovation project" includes an eligible
project, including any project facilities associated with an
eligible innovation project
and, in addition, includes all
tangible and intangible property related to a new product
or
process based on new technology or the creative application of
existing technology, including research and development, product
or process testing, quality control, market research, and related
activities, that is to be acquired, established, expanded,
remodeled, rehabilitated, or modernized for industry, commerce,
distribution, or research, or any combination thereof, the
operation of which, alone or in conjunction with other eligible
projects, eligible innovation projects, or innovation property,
will create new jobs or preserve existing jobs and employment
opportunities and improve the economic welfare of the people of
the state.
(D) "Eligible project" means project facilities to be
acquired, established, expanded, remodeled, rehabilitated, or
modernized for industry, commerce, distribution, or research, or
any combination thereof, the operation of which, alone or in
conjunction with other facilities, will create new jobs or
preserve existing jobs and employment opportunities and improve
the economic welfare of the people of the state. "Eligible
project" includes, without limitation, a voluntary action. For
purposes of this division, "new jobs" does not include existing
jobs transferred from another facility within the state, and
"existing jobs" includes only those existing jobs with work
places
within the municipal corporation or unincorporated area of
the
county in which the eligible project is located.
"Eligible project" does not include project facilities to
be
acquired, established, expanded, remodeled, rehabilitated, or
modernized for industry, commerce, distribution, or research, or
any combination of industry, commerce, distribution, or
research,
if the project facilities consist solely of
point-of-final-purchase retail facilities. If the project
facilities consist of both point-of-final-purchase retail
facilities and nonretail facilities, only the portion of the
project facilities consisting of nonretail facilities is an
eligible project. If a warehouse facility is part of a
point-of-final-purchase retail facility and supplies only that
facility, the warehouse facility is not an eligible project.
Catalog distribution facilities are not considered
point-of-final-purchase retail facilities for purposes of this
paragraph, and are eligible projects.
(C)(E) "Financial assistance" means inducements under
division (B) of section 166.02 of the Revised Code, loan
guarantees under section 166.06 of the Revised Code, and direct
loans under section 166.07 of the Revised Code.
(D)(F) "Governmental action" means any action by a
governmental agency relating to the establishment, development,
or
operation of an eligible project
or eligible innovation project
and project facilities that
the governmental agency acting has
authority to take or provide
for the purpose under law, including,
but not limited to, actions
relating to contracts and agreements,
zoning, building, permits,
acquisition and disposition of
property, public capital
improvements, utility and transportation
service, taxation,
employee recruitment and training, and liaison
and coordination
with and among governmental agencies.
(E)(G) "Governmental agency" means the state and any state
department, division, commission, institution or authority; a
municipal corporation, county, or township, and any agency
thereof, and any other political subdivision or public
corporation
or the United States or any agency thereof; any
agency,
commission, or authority established pursuant to an
interstate
compact or agreement; and any combination of the
above.
(H) "Innovation financial assistance" means inducements
under division (B) of section 166.12 of the Revised Code,
innovation Ohio loan guarantees under section 166.15 of the
Revised Code, and innovation Ohio loans under section 166.16 of
the Revised Code.
(I) "Innovation Ohio loan guarantee reserve requirement"
means, at any time, with respect to innovation loan guarantees
made under section 166.15 of the Revised Code, a balance in the
innovation Ohio loan guarantee fund equal to the greater of twenty
per cent of the then-outstanding principal amount of all
outstanding innovation loan guarantees made pursuant to section
166.15 of the Revised Code or fifty per cent of the principal
amount of the largest outstanding guarantee made pursuant to
section 166.15 of the Revised Code.
(J) "Innovation property" includes property and also
includes software,
inventory, licenses, contract rights, goodwill,
intellectual
property, including without limitation, patents,
patent
applications, trademarks and service marks, and trade
secrets, and
other tangible and intangible property, and any
rights and
interests in or
connected to the foregoing.
(K) "Loan guarantee reserve requirement" means, at any
time, with respect to loan guarantees made under section 166.06 of
the Revised Code, a balance in the loan guarantee fund equal to
the greater of twenty per cent of the then-outstanding principal
amount of all outstanding guarantees made pursuant to section
166.06 of the Revised Code or fifty per cent of the principal
amount of the largest outstanding guarantee made pursuant to
section 166.06 of the Revised Code.
(F)(L) "Person" means any individual, firm, partnership,
association, corporation, or governmental agency, and any
combination thereof.
(G)(M) "Project facilities" means buildings, structures, and
other improvements, and equipment and other property, excluding
small tools, supplies, and inventory, and any one, part of, or
combination of the above, comprising all or part of, or serving
or
being incidental to, an eligible project
or an eligible innovation
project, including, but not
limited to, public capital
improvements.
(H)(N) "Property" means real and personal property and
interests therein.
(I)(O) "Public capital improvements" means capital
improvements or facilities that any governmental agency has
authority to acquire, pay the costs of, own, maintain, or
operate,
or to contract with other persons to have the same done,
including, but not limited to, highways, roads, streets, water
and
sewer facilities, railroad and other transportation
facilities,
and air and water pollution control and solid waste
disposal
facilities.
(P) "Targeted innovation industry sectors" means industry
sectors involving the production or use of advanced materials,
instruments, controls and electronics, power and propulsion,
biosciences, and information technology, or such other sectors as
may be designated by the director of development.
(J)(Q) "Voluntary action" means a voluntary action, as
defined in section 3746.01 of the Revised Code, that is conducted
under the voluntary action program established in Chapter 3746.
of
the Revised Code.
(K)(R) "Project financing obligations" means obligations
issued
pursuant to section 166.08 of the Revised Code other than
obligations for which the bond
proceedings provide that bond
service charges shall be paid from receipts of
the state
representing gross profit on the sale of spirituous liquor as
referred to in division (B)(4) of section 4310.10 of the Revised
Code.
(L)(S) "Regional economic development entity" means an
entity that
is under contract with the director of development to
administer a loan
program under this chapter in a particular area
of this state.
Sec. 166.02. (A) The general assembly finds that many
local
areas throughout the state are experiencing economic
stagnation or
decline, and that the economic development program
provided for
by
Chapter 166.
in sections 166.01 to 166.11 of the Revised Code will
constitute
a deserved,
necessary reinvestment by the state in
those areas,
materially
contribute to their economic
revitalization, and
result in
improving the economic welfare of
all the people of the
state.
Accordingly, it is declared to be the
public policy of
the state,
through the operations under
Chapter
166.
sections 166.01 to 166.11 of the
Revised Code and
other
applicable laws adopted pursuant to
Section 13 of Article
VIII,
Ohio Constitution, and other
authority vested in the general
assembly, to assist in and
facilitate the establishment or
development of eligible projects
or assist and cooperate with any
governmental agency in achieving
such purpose.
(B) In furtherance of such public policy and to implement
such purpose, the director of development may:
(1) After
consultation with appropriate governmental
agencies, enter into
agreements with persons engaged in industry,
commerce,
distribution, or research and with governmental agencies
to
induce such persons to acquire, construct, reconstruct,
rehabilitate, renovate, enlarge, improve, equip, or furnish, or
otherwise develop, eligible projects and make provision therein
for project facilities and governmental actions, as authorized by
this chapter and other applicable laws, subject to any required
actions by the general assembly or the controlling board and
subject to applicable local government laws and regulations;
(2) Provide for the guarantees and loans as provided for
in
sections 166.06 and 166.07 of the Revised Code;
(3) Subject to release of such moneys by the controlling
board, contract for labor and materials needed for, or contract
with others, including governmental agencies, to provide, project
facilities the allowable costs of which are to be paid for or
reimbursed from moneys in the facilities establishment fund, and
contract for the operation of such project facilities;
(4) Subject to release thereof by the controlling board,
from moneys in the facilities establishment fund acquire or
contract to acquire by gift, exchange, or purchase, including the
obtaining and exercise of purchase options, property, and convey
or otherwise dispose of, or provide for the conveyance or
disposition of, property so acquired or contracted to be acquired
by sale, exchange, lease, lease purchase, conditional or
installment sale, transfer, or other disposition, including the
grant of an option to purchase, to any governmental agency or to
any other person without necessity for competitive bidding and
upon such terms and conditions and manner of consideration
pursuant to and as the director determines to be appropriate to
satisfy the objectives of
Chapter 166.
sections 166.01 to 166.11
of the Revised Code;
(5) Retain the services of or employ financial
consultants,
appraisers, consulting engineers, superintendents,
managers,
construction and accounting experts, attorneys, and
employees,
agents, and independent contractors as are necessary
in
his
the
director's judgment and fix the compensation for
their services;
(6) Receive and accept from any person grants, gifts, and
contributions of money, property, labor, and other things of
value, to be held, used and applied only for the purpose for
which
such grants, gifts, and contributions are made;
(7) Enter into appropriate arrangements and agreements
with
any governmental agency for the taking or provision by that
governmental agency of any governmental action;
(8) Do all other acts and enter into contracts and execute
all instruments necessary or appropriate to carry out the
provisions of Chapter 166. of the Revised Code;
(9) Adopt rules to implement any of the provisions of
Chapter 166. of the Revised Code applicable to the director.
(C) The determinations by the director that facilities
constitute eligible projects, that facilities are project
facilities, that costs of such facilities are allowable costs,
and
all other determinations relevant thereto or to an action
taken or
agreement entered into shall be conclusive for purposes
of the
validity and enforceability of rights of parties arising
from
actions taken and agreements entered into under this
chapter.
(D) Except as otherwise prescribed in Chapter 166. of the
Revised Code, all expenses and obligations incurred by the
director in carrying out
his or her
the director's powers and in
exercising
his or
her
the director's duties
under Chapter 166. of
the Revised Code, shall be payable solely
from, as appropriate,
moneys in the facilities establishment
fund, the loan guarantee
fund,
the innovation Ohio loan guarantee fund, the innovation Ohio
loan fund, or moneys appropriated for such
purpose by the general
assembly. Chapter 166. of the Revised
Code does not authorize the
director or the issuing authority
under section 166.08 of the
Revised Code to incur bonded
indebtedness of the state or any
political subdivision thereof,
or to obligate or pledge moneys
raised by taxation for the
payment of any bonds or notes issued or
guarantees made pursuant
to Chapter 166. of the Revised Code.
(E)
No
Except for financial assistance provided under
sections
166.12 to 166.16 of the Revised Code, no financial
assistance for
project facilities shall
be provided under this
chapter unless the
provisions of the
agreement providing for such
assistance specify
that all wages
paid to laborers and mechanics
employed on such
project
facilities for which the assistance is
granted shall be
paid at
the prevailing rates of wages of laborers
and mechanics
for the
class of work called for by such project
facilities, which
wages
shall be determined in accordance with the
requirements of
Chapter 4115. of the Revised Code for
determination of prevailing
wage rates, provided that the
requirements of this division do
not
apply where the federal
government or any of its agencies
provides
financing assistance as
to all or any part of the funds
used in
connection with such
project facilities and prescribes
predetermined minimum wages to
be paid to such laborers and
mechanics; and provided further that
should a nonpublic user
beneficiary of the eligible project
undertake, as part of the
eligible project, construction to be
performed by its regular
bargaining unit employees who are covered
under a collective
bargaining agreement which was in existence
prior to the date of
the document authorizing such assistance
then, in that event, the
rate of pay provided under the collective
bargaining agreement
may
be paid to such employees.
(F) Any governmental agency may enter into an agreement
with
the director, any other governmental agency, or a person to
be
assisted under this chapter, to take or provide for the
purposes
of this chapter any governmental action it is authorized
to take
or provide, and to undertake on behalf and at the request
of the
director any action which the director is authorized to
undertake
pursuant to divisions (B)(3), (4), and (5) of this
section
or
divisions (B)(3), (4), and (5) of section 166.12 of the Revised
Code. Governmental agencies of the state shall cooperate with
and
provide assistance to the director of development and the
controlling board in the exercise of their respective functions
under this chapter.
Sec. 166.03. (A) There is hereby created the facilities
establishment fund within the state treasury, consisting of
proceeds from the issuance of obligations as specified under
section 166.08 of the Revised Code; the moneys received by the
state from the sources specified in section 166.09 of the Revised
Code; service charges imposed under sections 166.06 and 166.07 of
the Revised Code; any grants, gifts, or contributions of moneys
received by the director of development to be used for loans made
under section 166.07 of the Revised Code or for the payment of
the
allowable costs of project facilities; and all other moneys
appropriated or transferred to the fund. Moneys in the loan
guarantee fund in excess of
four per cent of the unpaid principal
amount of loan repayments guaranteed under section 166.06 of the
Revised Code
the loan guarantee reserve requirement, but subject
to the provisions and requirements of
any guarantee contracts, may
be transferred to the facilities
establishment fund by the
treasurer of state upon the order of
the
director of development.
Moneys received by the state under
Chapter 122. of the Revised
Code, to the extent allocable to the
utilization of moneys derived
from proceeds of the sale of
obligations pursuant to section
166.08 of the Revised Code, shall
be credited to the facilities
establishment fund.
(B) All moneys appropriated or transferred to the
facilities
establishment fund may be released at the request of
the director
of development for payment of allowable costs or the
making of
loans under
this chapter
section 166.07 of the Revised Code, for
transfer to the loan guarantee fund
established in section 166.06
of the Revised Code, or for use for
the purpose
of or transfer to
the funds established by
sections
122.35, 122.42, 122.54, 122.55,
122.56, 122.561, 122.57,
122.601,
and
122.80 of the Revised Code
and, until July 1,
2003, the
fund
established by
section
166.031 of the
Revised
Code,
and, until
July 1, 2007, the fund
established by
section 122.26 of the
Revised Code, but only for
such of those
purposes
as are within
the
authorization of Section
13 of Article
VIII,
Ohio
Constitution, in
all cases subject to the
approval of
the
controlling board.
(C) The department of development, in the administration
of
the facilities establishment fund, is encouraged to utilize
and
promote the utilization of, to the maximum practicable
extent, the
other existing programs, business incentives, and tax
incentives
that department is required or authorized to
administer or
supervise.
Sec. 166.04. (A) Prior to entering into each agreement to
provide assistance under
this chapter
sections 166.02, 166.06, and
166.07 of the Revised Code, the director of
development shall
determine whether the assistance will conform
to the requirements
of
Chapter 166.
sections 166.01 to 166.11 of the Revised Code.
Such
determination, and the facts upon which it is based, shall be
set
forth by the director in submissions made to the controlling
board for purposes of section 166.03 and, unless provision of the
assistance has been recommended to the director by a regional
economic
development entity, to the development
financing advisory
council under section 166.05 of the
Revised
Code. An agreement to
provide assistance under
this chapter
sections 166.02, 166.06, and
166.07 of the Revised Code
shall set forth such determination,
which shall be conclusive for
purposes of the validity and
enforceability of such agreement and
any loan guarantees, loans,
or other agreements entered into
pursuant to such agreement to
provide assistance.
(B) Whenever a person applies for financial assistance
under
this chapter
sections 166.02, 166.06, and 166.07 of the Revised
Code and the project for which assistance is
requested is to
relocate facilities that are currently being
operated by the
person and that are located in another county,
municipal
corporation, or township, the director shall provide
written
notification to the appropriate local governmental bodies
and
state officials. The notification shall contain the
following
information:
(1) The name of the person applying for financial
assistance
under this chapter;
(2) The county, and the municipal corporation or township,
in which the project for which assistance is requested is
located;
and
(3) The county, and the municipal corporation or township,
in which the facility to be replaced is located.
The director shall provide the written notification to the
appropriate local governmental bodies and state officials so that
they receive the notification at least five days before the
development financing advisory council meeting at which
the
council
considers the request for financial assistance pursuant to
section 166.05 of the Revised Code.
(C) As used in division (B) of this section:
(1) "Appropriate local governmental bodies" means:
(a) The boards of county commissioners or legislative
authorities of the county in which the project for which
assistance is requested is located and of the county in which the
facility to be replaced is located;
(b) The legislative authority of the municipal corporation
or the board of township trustees of the township in which the
project for which assistance is requested is located; and
(c) The legislative authority of the municipal corporation
or the board of township trustees of the township in which the
facility to be replaced is located.
(2) "State officials" means:
(a) The state representative and state senator in whose
districts the project for which assistance is requested is
located;
(b) The state representative and state senator in whose
districts the facility to be replaced is located.
Sec. 166.05. (A) In determining the projects to be
assisted
and the nature, amount, and terms of assistance to be
provided for
an eligible project under
this chapter
sections 166.02, 166.06,
and 166.07 of the Revised Code:
(1) Except as otherwise provided in division (A)(3) of
this
section, the director of development shall take into
consideration
all of the following:
(a) The number of jobs to be created or preserved,
directly
or indirectly;
(b) Payrolls, and the taxes generated, at both state and
local levels, by the eligible project and by the employment
created or preserved by the eligible project;
(c) The size, nature, and cost of the eligible project,
including the prospect of the project for providing long-term
jobs
in enterprises consistent with the changing economics of the
state
and the nation;
(d) The needs, and degree of needs, of the area in which
the
eligible project is to be located;
(e) The needs of any private sector enterprise to be
assisted;
(f) The competitive effect of the assistance on other
enterprises providing jobs for people of the state;
(g) The amount and kind of assistance, if any, to be
provided to the private sector enterprise by other governmental
agencies through tax exemption or abatement, financing assistance
with industrial development bonds, and otherwise, with respect to
the eligible project;
(h) The impact of the eligible project and its operations
on
local government services, including school services, and on
public facilities;
(i) The effect of the assistance on the loss of or damage
to
or destruction of prime farmland, or the removal from
agricultural
production of prime farmland. As used in this
section,
"prime
farmland" means agricultural land that meets the
criteria for this
classification as defined by the United States
soil conservation
service.
(j) The length of time the operator of the project has
been
operating facilities within the state;
(k) The reservation of financial assistance made by the
general assembly for small business concerns.
(2) The benefits to the local area, including taxes, jobs,
and reduced unemployment and reduced welfare costs, among others,
may be accorded value in the leasing or sales of project
facilities and in loan and guarantee arrangements.
(B) Prior to granting final approval of the assistance to
be
provided, the director shall determine that the benefits to be
derived by the state and local area from the establishment or
development, and operation, of the eligible project will exceed
the cost of providing such assistance and, except as provided in
division (C)(2) of this section, shall submit to the
development
financing advisory council and to the
controlling board
a copy of
that determination including the basis for the
determination.
(C)(1) Except as provided in division
(C)(2) of this
section, prior to the submission provided for in
division (B)
of
this section to the controlling board, the director shall
submit
to the development financing advisory council data
pertinent
to
the considerations set forth in division (A) of this section,
the
terms of the proposed assistance, and such other relevant
information as the development financing advisory council
may
request.
(2) The director is not required to submit any
determination,
data, terms, or other application materials or
information to the development
financing advisory council when
provision of the
assistance has been recommended
to the director
by a regional economic development entity.
(D) The development financing advisory council, on the
basis
of such data, shall make recommendations as to the
appropriateness
of the assistance to be provided. The
recommendations may be
revised to reflect any changes in the
proposed assistance as the
director may submit to the
council. The
recommendations, as
amended, of the council as to the
appropriateness of the proposed
assistance shall be submitted to
the controlling board.
(E) Financial statements and other data submitted to the
director of development, the development financing advisory
council, or the controlling board by any private sector person in
connection with financial assistance under
this chapter
sections
166.02, 166.06, and 166.07 of the Revised Code, or any
information
taken from such statements or data for any purpose,
shall not be
open to public inspection. The development
financing advisory
council in considering confidential
information
in connection with
financial assistance under
this chapter
sections 166.02, 166.06,
and 166.07 of the Revised Code may,
only for consideration of the
confidential information referred
to, and in the manner provided
in division (E) of section 121.22
of the Revised Code, close the
meeting during such consideration.
Sec. 166.06. (A) Subject to any limitations as to
aggregate
amounts thereof that may from time to time be
prescribed by the
general assembly and to other applicable
provisions of this
chapter, the director of development may, on
behalf of the state,
enter into contracts to guarantee the
repayment or payment of not
more than ninety per cent of the
unpaid principal amount of loans
made, including bonds, notes, or
other certificates issued or
given to provide funds, to pay
allowable costs of eligible
projects. Such guarantees shall be
secured solely by and payable
solely from the loan guarantee fund
created by this section and
from the
unencumbered and available moneys
representing gross
profits payable to the state from the sale of spirituous liquor
as
included in the definition of "pledged receipts" in division
(A)(6) of section 166.08 of the Revised Code,
in the facilities
establishment fund in the manner and
to the extent provided in
such guarantee contracts consistent
with this section. Such
guarantees shall not constitute general
obligations of the state
or of any political subdivision, and
moneys raised by taxation
shall not be obligated or pledged for
the payment of such
guarantees.
(B) Before guaranteeing any such repayments or payments
the
director shall determine that:
(1) The project is an eligible project and is economically
sound;
(2) The principal amount to be guaranteed does not exceed
ninety per cent of the allowable costs of the eligible project as
determined by
an independent engineer, architect, or appraiser
engaged by the director
by separate contract relating separately
and solely to the particular eligible project for which the
guarantee is to be made and. To assist the director in making
this determination, the director may, in the director's
discretion, engage an independent engineer, architect, appraiser,
or other professional pursuant to a contract to be paid solely
from the facilities
establishment fund. Such contract shall be,
subject to
controlling board approval
prior to making such an
appraisal.
(3) The principal amount to be guaranteed has a
satisfactory
maturity date or dates, which in no case shall be
later than
twenty-five
twenty years from the effective date of the
guarantee;
(4) The rate of interest on the loan to be guaranteed and
on
any other loan made by the same parties or related persons for
the
eligible project is not excessive;
(5) The principal obligor, or primary guarantor, is
responsible and is reasonably expected to be able to meet the
payments under the loan, bonds, notes, or other certificates;
(6) The loan or documents pertaining to the bonds, notes,
or
other certificates to be guaranteed contains
amortization
provisions
satisfactory to the director requiring periodic
payments or sinking fund or similar deposits
for payment by the
principal
obligor, and is in such form and contains such terms and
provisions for the protection of the lenders as are generally
consistent with commercial practice, including, where applicable,
provisions with respect to property insurance, repairs,
alterations, payment of taxes and assessments, delinquency
charges, default remedies, acceleration of maturity, prior,
additional and secondary liens, and other matters as the director
may approve.
The determinations of the director shall be conclusive for
purposes of the validity of a guarantee evidenced by a contract
signed by the director, and such guarantee shall be incontestable
as to moneys advanced under loans to which such guarantees are by
their terms applicable.
(C) The contract of guarantee may make provision for the
conditions of, time for and manner of fulfillment of the
guarantee
commitment, subrogation of the state to the rights of
the parties
guaranteed and exercise of such parties' rights by
the state,
giving the state the options of making payment of the
principal
amount guaranteed in one or more installments and, if
deferred, to
pay interest thereon from the loan guarantee fund
and pledged
receipts described in division (A)(6) of section
166.08 of the
Revised Code
and the facilities establishment fund, any other
terms or conditions
customary to such guarantees and as the
director may approve, and
may contain provisions for securing the
guarantee in the manner
consistent with this section, covenants on
behalf of the state
for the maintenance of the loan guarantee fund
created by this
section and of receipts to it permitted by this
chapter,
including covenants on behalf of the state to issue
obligations
under section 166.08 of the Revised Code to provide
moneys to the
loan guarantee fund to fulfill such guarantees and
covenants
authorized by division (R)(1) of section 166.08 of the
Revised
Code, and covenants restricting the aggregate amount of
guarantees that may be contracted under this section and
obligations that may be issued under section 166.08 of the
Revised
Code, and terms pertinent to either, to better secure the
parties
guaranteed.
(D) The "loan guarantee fund" of the economic development
program is hereby created as a special revenue fund and a trust
fund which shall be in the custody of the treasurer of state but
shall be separate and apart from and not a part of the state
treasury to consist of all grants, gifts, and contributions of
moneys or rights to moneys lawfully designated for or deposited
in
such fund, all moneys and rights to moneys lawfully
appropriated
and transferred to such fund, including moneys
received from the
issuance of obligations under section 166.08 of
the Revised Code,
and moneys deposited to such fund pursuant to
division (F) of this
section; provided that the loan guarantee
fund shall not be
comprised, in any part, of moneys raised by
taxation.
(E) The director may fix service charges for making a
guarantee. Such charges shall be payable at such times and place
and in such amounts and manner as may be prescribed by the
director.
(F) The treasurer of state shall serve as agent for the
director in the making of deposits and withdrawals and
maintenance
of records pertaining to the loan guarantee fund.
Prior to the
director's entry into a contract providing for the making of a
guarantee payable from the loan guarantee fund, the treasurer of
state shall cause to be transferred from the facilities
establishment fund to the loan guarantee fund an amount sufficient
to make the aggregate balance therein, taking into account the
proposed loan guarantee, equal to the loan guarantee reserve
requirement. Thereafter, the treasurer of state shall cause the
balance in the loan guarantee fund to be at least equal to the
loan guarantee reserve requirement. Funds from the loan guarantee
fund shall be disbursed under a
guarantee made pursuant to this
section to satisfy a guaranteed
repayment or payment which is in
default. The treasurer of state
shall first withdraw and transfer
moneys then on deposit in the
loan guarantee fund. Whenever these
moneys are inadequate to
meet the requirements of a guarantee, the
treasurer of state
shall, without need of appropriation or further
action by the
director, provide for a withdrawal and transfer to
the loan
guarantee fund and then to the guaranteed party of moneys
in such
amount as is necessary to meet the guarantee, from moneys
representing gross profits payable to the state from the sale of
spirituous liquor as are included in the definition of "pledged
receipts" in division (A)(6) of section 166.08 of the Revised
Code
from unencumbered and available moneys in the facilities
establishment fund. Such disbursements shall be made in the
manner and at the
times provided in such guarantees.
Within ninety
days following a disbursement of moneys from the loan guarantee
fund, the treasurer of state, without need of appropriation or
further action by the director, shall provide for a withdrawal and
transfer to the loan guarantee fund from unencumbered and
available moneys in the facilities establishment fund, including
moneys from the repayment of loans made from that fund, of an
amount sufficient to cause the balance in the loan guarantee fund
to be at least equal to the loan guarantee reserve requirement.
(G) Any guaranteed parties under this section, except to
the
extent that their rights are restricted by the guarantee
documents, may by any suitable form of legal proceedings, protect
and enforce any rights under the laws of this state or granted by
such guarantee or guarantee documents. Such rights include the
right to compel the performance of all duties of the director and
the treasurer of state required by this section or the guarantee
or guarantee documents; and in the event of default with respect
to the payment of any guarantees, to apply to a court having
jurisdiction of the cause to appoint a receiver to receive and
administer the moneys pledged to such guarantee with full power
to
pay, and to provide for payment of, such guarantee, and with
such
powers, subject to the direction of the court, as are
accorded
receivers in general equity cases, excluding any power
to pledge
or apply additional revenues or receipts or other
income or moneys
of the state or governmental agencies of the
state to the payment
of such guarantee. Each duty of the
director and the treasurer of
state and their officers and
employees, and of each governmental
agency and its officers,
members, or employees, required or
undertaken pursuant to this
section or a guarantee made under
authority of this section, is
hereby established as a duty of the
director and the treasurer of
state, and of each such officer,
member, or employee having
authority to perform such duty,
specifically enjoined by the law
resulting from
and
an office,
trust, or station within the
meaning
of section 2731.01 of the
Revised Code. The persons who are at
the time the director and
treasurer of state, or their officers
or employees, are not liable
in their personal capacities on any
guarantees or contracts to
make guarantees by the director.
(H) The determinations of the director under divisions (B)
and (C) of this section shall be conclusive for purposes of the
validity of a guarantee evidenced by a contract signed by the
director, and such guarantee shall be incontestable as to moneys
advanced under loans to which such guarantees are by their terms
applicable.
Sec. 166.07. (A) The director of development, with the
approval of the controlling board and subject to the other
applicable provisions of this chapter, may lend moneys in the
facilities establishment fund to persons for the purpose of
paying
allowable costs of an eligible project if the director
determines
that:
(1) The project is an eligible project and is economically
sound;
(2) The borrower is unable to finance the necessary
allowable costs through ordinary financial channels upon
comparable terms;
(3) The amount to be lent from the facilities
establishment
fund will not exceed seventy-five per cent of the
total allowable
costs of the eligible project, except that if
any part of the
entire amount to
be lent from the facilities establishment fund is
derived
from the
issuance and sale of project financing
obligations the amount to
be
lent will not exceed ninety per cent
of the total allowable
costs of the
eligible project;
(4) The eligible project could not be achieved in the
local
area in which it is to be located if the portion of the
project to
be financed by the loan instead were to be financed
by a loan
guaranteed under section 166.06 of the Revised Code;
(5)
The
amount
repayment of the loan from the facilities
establishment fund
to be repaid will be adequately secured by a
mortgage, lien, assignment, or pledge, at such level of priority
as the director may require;
(6) The borrower will hold at least a ten per cent equity
interest in the
eligible project at the time the loan is made.
(B) The determinations of the director under division (A)
of
this section shall be conclusive for purposes of the validity
of a
loan commitment evidenced by a loan agreement signed by the
director.
(C) Fees, charges, rates of interest, times of payment of
interest and principal, and other terms, conditions, and
provisions of and security for loans made from the facilities
establishment fund pursuant to this section shall be such as the
director determines to be appropriate and in furtherance of the
purpose for which the loans are made. The moneys used in making
such loans shall be disbursed from the facilities establishment
fund upon order of the director. The director shall give special
consideration in setting the required job creation ratios and
interest rates
for loans that are for voluntary actions.
(D) The director may take actions necessary or appropriate
to collect or
otherwise deal with any
loan made under this
section.
(E) The director may fix service charges for the making of
a
loan. Such charges shall be payable at such times and place
and
in such amounts and manner as may be prescribed by the
director.
Sec. 166.08. (A) As used in this chapter:
(1) "Bond proceedings" means the resolution, order, trust
agreement, indenture, lease, and other agreements, amendments and
supplements to the foregoing, or any one or more or combination
thereof, authorizing or providing for the terms and conditions
applicable to, or providing for the security or liquidity of,
obligations issued pursuant to this section, and the provisions
contained in such obligations.
(2) "Bond service charges" means principal, including
mandatory sinking fund requirements for retirement of
obligations,
and interest, and redemption premium, if any,
required to be paid
by the state on obligations.
(3) "Bond service fund" means the applicable fund and
accounts therein created for and pledged to the payment of bond
service charges, which may be, or may be part of, the economic
development bond service fund created by division (S) of this
section including all moneys and investments, and earnings from
investments, credited and to be credited thereto.
(4) "Issuing authority" means the treasurer of state, or
the
officer who by law performs the functions of such officer.
(5) "Obligations" means bonds, notes, or other evidence of
obligation including interest coupons pertaining thereto, issued
pursuant to this section.
(6) "Pledged receipts" means all receipts of the state
representing the gross profit on the sale of spirituous liquor,
as
referred to in division (B)(4) of section 4301.10 of the
Revised
Code, after paying all costs and expenses of the
division of
liquor control and providing an adequate working
capital reserve
for the division of liquor control as provided
in that division,
but excluding the sum required by the second
paragraph of section
4301.12 of the Revised Code, as in effect on
May 2, 1980, to be
paid into the state treasury; moneys accruing
to the state from
the lease, sale, or other disposition, or use,
of project
facilities, and from the repayment, including
interest, of loans
made from proceeds received from the sale of
obligations; accrued
interest received from the sale of
obligations; income from the
investment of the special funds; and
any gifts, grants, donations,
and pledges, and receipts
therefrom, available for the payment of
bond service charges.
(7) "Special funds" or "funds" means, except where the
context does not permit, the bond service fund, and any other
funds, including reserve funds, created under the bond
proceedings, and the economic development bond service fund
created by division (S) of this section to the extent provided in
the bond proceedings, including all moneys and investments, and
earnings from investment, credited and to be credited thereto.
(B) Subject to the limitations provided in section 166.11
of
the Revised Code, the issuing authority, upon the
certification by
the director of development to the issuing
authority of the amount
of moneys or additional moneys needed in
the facilities
establishment fund
or, the loan guarantee fund, the innovation
Ohio loan fund, or the innovation Ohio loan guarantee fund for
the
purpose of paying, or making loans for, allowable costs from
the
facilities establishment fund
or allowable innovation costs
from
the innovation Ohio loan fund, or needed for capitalized
interest,
for funding reserves, and for paying costs and expenses
incurred
in connection with the issuance, carrying, securing,
paying,
redeeming, or retirement of the obligations or any
obligations
refunded thereby, including payment of costs and
expenses relating
to letters of credit, lines of credit,
insurance, put agreements,
standby purchase agreements, indexing,
marketing, remarketing and
administrative arrangements, interest
swap or hedging agreements,
and any other credit enhancement,
liquidity, remarketing, renewal,
or refunding arrangements, all
of
which are authorized by this
section, or providing moneys for
the
loan guarantee fund
or the
innovation Ohio loan guarantee fund, as
provided in this chapter
or needed
for the purposes of funds
established in accordance with
or
pursuant to sections 122.35,
122.42, 122.54, 122.55, 122.56,
122.561, 122.57, and 122.80 of the
Revised Code which are within
the
authorization of Section 13 of
Article VIII, Ohio
Constitution,
shall issue obligations of the
state under this
section in the
required amount; provided that
such obligations may
be issued
to
the extent necessary to satisfy
the covenants in
contracts of
guarantee made under section 166.06
or 166.15 of the
Revised Code
to issue
obligations to meet such
guarantees,
notwithstanding limitations
otherwise applicable to
the issuance
of obligations under this
section. The proceeds of
such
obligations, except for the
portion to be deposited in
special
funds, including reserve
funds, as may be provided in the
bond
proceedings, shall as
provided in the bond proceedings be
deposited by the director of
development to the facilities
establishment fund
or, the loan
guarantee fund
established by
section 166.06 of the Revised Code, the innovation Ohio loan
guarantee fund, or the innovation Ohio loan fund.
Bond
proceedings for project financing obligations may provide that the
proceeds derived from the issuance of such obligations shall be
deposited into
such fund or funds provided for in the bond
proceedings and, to the extent
provided for in the bond
proceedings, such proceeds shall be deemed to have
been deposited
into the facilities establishment fund and transferred to such
fund or funds. The issuing authority may appoint trustees, paying
agents, and
transfer agents and may retain the services of
financial
advisors, accounting experts, and attorneys, and retain
or
contract for the services of marketing, remarketing, indexing,
and administrative agents, other consultants, and independent
contractors, including printing services, as are necessary in the
issuing authority's judgment to carry out this section. The
costs
of such services are allowable costs payable from the
facilities
establishment fund
or allowable innovation costs payable from the
innovation Ohio loan fund.
(C) The holders or owners of such obligations shall have
no
right to have moneys raised by taxation obligated or pledged,
and
moneys raised by taxation shall not be obligated or pledged,
for
the payment of bond service charges. Such holders or owners
shall
have no rights to payment of bond service charges from any
moneys
accruing to the state from the lease, sale, or other
disposition,
or use, of project facilities, or from payment of
the principal of
or interest on loans made, or fees charged for
guarantees made, or
from any money or property received by the
director, treasurer of
state, or the state under Chapter 122. of
the Revised Code, or
from any other use of the proceeds of the
sale of the obligations,
and no such moneys may be used for the
payment of bond service
charges, except for accrued interest,
capitalized interest, and
reserves funded from proceeds received
upon the sale of the
obligations and except as otherwise
expressly provided in the
applicable bond proceedings pursuant to
written directions by the
director. The right of such holders
and owners to payment of bond
service charges is limited to all
or that portion of the pledged
receipts and those special funds
pledged thereto pursuant to the
bond proceedings in accordance
with this section, and each such
obligation shall bear on its
face a statement to that effect.
(D) Obligations shall be authorized by resolution or order
of the issuing authority and the bond proceedings shall provide
for the purpose thereof and the principal amount or amounts, and
shall provide for or authorize the manner or agency for
determining the principal maturity or maturities, not exceeding
twenty-five years from the date of issuance, the interest rate or
rates or the maximum interest rate, the date of the obligations
and the dates of payment of interest thereon, their denomination,
and the establishment within or without the state of a place or
places of payment of bond service charges. Sections 9.98 to
9.983
of the Revised Code are applicable to obligations issued
under
this section, subject to any applicable limitation under
section
166.11 of the Revised Code. The purpose of such
obligations may
be stated in the bond proceedings in terms
describing the general
purpose or purposes to be served. The
bond proceedings also shall
provide, subject to the provisions of
any other applicable bond
proceedings, for the pledge of all, or
such part as the issuing
authority may determine, of the pledged
receipts and the
applicable special fund or funds to the payment
of bond service
charges, which pledges may be made either prior
or subordinate to
other expenses, claims, or payments, and may be
made to secure the
obligations on a parity with obligations
theretofore or thereafter
issued, if and to the extent provided
in the bond proceedings.
The
pledged receipts and special funds
so pledged and thereafter
received by the state are immediately
subject to the lien of such
pledge without any physical delivery
thereof or further act, and
the lien of any such pledges is valid
and binding against all
parties having claims of any kind against
the state or any
governmental agency of the state, irrespective
of whether such
parties have notice thereof, and shall create a
perfected security
interest for all purposes of Chapter 1309. of
the Revised Code,
without the necessity for separation or
delivery of funds or for
the filing or recording of the bond
proceedings by which such
pledge is created or any certificate,
statement or other document
with respect thereto; and the pledge
of such pledged receipts and
special funds is effective and the
money therefrom and thereof may
be applied to the purposes for
which pledged without necessity for
any act of appropriation.
Every pledge, and every covenant and
agreement made with respect
thereto, made in the bond proceedings
may therein be extended to
the benefit of the owners and holders
of obligations authorized
by this section, and to any trustee
therefor, for the further
security of the payment of the bond
service charges.
(E) The bond proceedings may contain additional provisions
as to:
(1) The redemption of obligations prior to maturity at the
option of the issuing authority at such price or prices and under
such terms and conditions as are provided in the bond
proceedings;
(2) Other terms of the obligations;
(3) Limitations on the issuance of additional obligations;
(4) The terms of any trust agreement or indenture securing
the obligations or under which the same may be issued;
(5) The deposit, investment and application of special
funds, and the safeguarding of moneys on hand or on deposit,
without regard to Chapter 131. or 135. of the Revised Code, but
subject to any special provisions of this chapter, with respect
to
particular funds or moneys, provided that any bank or trust
company which acts as depository of any moneys in the special
funds may furnish such indemnifying bonds or may pledge such
securities as required by the issuing authority;
(6) Any or every provision of the bond proceedings being
binding upon such officer, board, commission, authority, agency,
department, or other person or body as may from time to time have
the authority under law to take such actions as may be necessary
to perform all or any part of the duty required by such
provision;
(7) Any provision that may be made in a trust agreement or
indenture;
(8) Any other or additional agreements with the holders of
the obligations, or the trustee therefor, relating to the
obligations or the security therefor, including the assignment of
mortgages or other security obtained or to be obtained for loans
under section 122.43
or, 166.07, or 166.16 of the Revised Code.
(F) The obligations may have the great seal of the state
or
a facsimile thereof affixed thereto or printed thereon. The
obligations and any coupons pertaining to obligations shall be
signed or bear the facsimile signature of the issuing authority.
Any obligations or coupons may be executed by the person who, on
the date of execution, is the proper issuing authority although
on
the date of such bonds or coupons such person was not the
issuing
authority. If the issuing authority whose signature
or a
facsimile of whose signature appears on any such obligation
or
coupon ceases to be the issuing authority before delivery
thereof,
such signature or facsimile is nevertheless valid and
sufficient
for all purposes as if the former issuing
authority had remained
the issuing
authority until such delivery; and if the seal to be
affixed
to obligations has been changed after a facsimile of the
seal has
been imprinted on such obligations, such facsimile seal
shall
continue to be sufficient as to such obligations and
obligations
issued in substitution or exchange therefor.
(G) All obligations are negotiable instruments and
securities under Chapter 1308. of the Revised Code, subject to
the
provisions of the bond proceedings as to registration. The
obligations may be issued in coupon or in registered form, or
both, as the issuing authority determines. Provision may be made
for the registration of any obligations with coupons attached
thereto as to principal alone or as to both principal and
interest, their exchange for obligations so registered, and for
the conversion or reconversion into obligations with coupons
attached thereto of any obligations registered as to both
principal and interest, and for reasonable charges for such
registration, exchange, conversion, and reconversion.
(H) Obligations may be sold at public sale or at private
sale, as determined in the bond proceedings.
Obligations issued to provide moneys for the loan guarantee
fund
or the innovation Ohio loan guarantee fund may, as determined
by the issuing authority, be sold at
private sale, and without
publication of a notice of sale.
(I) Pending preparation of definitive obligations, the
issuing authority may issue interim receipts or certificates
which
shall be exchanged for such definitive obligations.
(J) In the discretion of the issuing authority,
obligations
may be secured additionally by a trust agreement or
indenture
between the issuing authority and a corporate trustee
which may be
any trust company or bank having its principal place
of business
within the state. Any such agreement or indenture
may contain the
resolution or order authorizing the issuance of
the obligations,
any provisions that may be contained in any bond
proceedings, and
other provisions which are customary or
appropriate in an
agreement or indenture of such type, including,
but not limited
to:
(1) Maintenance of each pledge, trust agreement,
indenture,
or other instrument comprising part of the bond
proceedings until
the state has fully paid the bond service
charges on the
obligations secured thereby, or provision therefor
has been made;
(2) In the event of default in any payments required to be
made by the bond proceedings, or any other agreement of the
issuing authority made as a part of the contract under which the
obligations were issued, enforcement of such payments or
agreement
by mandamus, the appointment of a receiver, suit in
equity, action
at law, or any combination of the foregoing;
(3) The rights and remedies of the holders of obligations
and of the trustee, and provisions for protecting and enforcing
them, including limitations on rights of individual holders of
obligations;
(4) The replacement of any obligations that become
mutilated
or are destroyed, lost, or stolen;
(5) Such other provisions as the trustee and the issuing
authority agree upon, including limitations, conditions, or
qualifications relating to any of the foregoing.
(K) Any holders of obligations or trustees under the bond
proceedings, except to the extent that their rights are restricted
by the bond proceedings, may by any suitable form of legal
proceedings, protect and enforce any rights under the laws of
this
state or granted by such bond proceedings. Such rights
include
the right to compel the performance of all duties of the
issuing
authority, the director of development, or the division of liquor
control required by this chapter or the bond
proceedings; to
enjoin unlawful activities; and in the event of
default with
respect to the payment of any bond service charges
on any
obligations or in the performance of any covenant or
agreement on
the part of the issuing authority, the director of
development, or
the division of liquor control in the bond
proceedings, to apply
to a court having jurisdiction of the cause
to appoint a receiver
to receive and administer the pledged
receipts and special funds,
other than those in the custody of
the treasurer of state, which
are pledged to the payment of the
bond service charges on such
obligations or which are the subject
of the covenant or agreement,
with full power to pay, and to
provide for payment of bond service
charges on, such obligations,
and with such powers, subject to the
direction of the court, as
are accorded receivers in general
equity cases, excluding any
power to pledge additional revenues or
receipts or other income
or moneys of the issuing authority or the
state or governmental
agencies of the state to the payment of such
principal and
interest and excluding the power to take possession
of, mortgage,
or cause the sale or otherwise dispose of any
project facilities.
Each duty of the issuing authority and the issuing
authority's officers and employees, and of each governmental
agency and its officers, members, or employees, undertaken
pursuant to the bond proceedings or any agreement or lease,
lease-purchase agreement, or loan made under authority of this
chapter, and in every agreement by or with the issuing authority,
is hereby established as a duty of the issuing authority, and of
each such officer, member, or employee having authority to
perform
such duty, specifically enjoined by the law resulting
from an
office, trust, or station within the meaning of section
2731.01 of
the Revised Code.
The person who is at the time the issuing authority, or the
issuing authority's officers or employees, are not liable in
their
personal capacities on any obligations issued by the
issuing
authority or any agreements of or with the issuing
authority.
(L) The issuing authority may authorize and issue
obligations for the refunding, including funding and retirement,
and advance refunding with or without payment or redemption prior
to maturity, of any obligations previously issued by the issuing
authority. Such obligations may be issued in amounts sufficient
for payment of the principal amount of the prior obligations, any
redemption premiums thereon, principal maturities of any such
obligations maturing prior to the redemption of the remaining
obligations on a parity therewith, interest accrued or to accrue
to the maturity dates or dates of redemption of such obligations,
and any allowable costs including expenses incurred or to be
incurred in connection with such issuance and such refunding,
funding, and retirement. Subject to the bond proceedings
therefor, the portion of proceeds of the sale of obligations
issued under this division to be applied to bond service charges
on the prior obligations shall be credited to an appropriate
account held by the trustee for such prior or new obligations or
to the appropriate account in the bond service fund for such
obligations. Obligations authorized under this division shall be
deemed to be issued for those purposes for which such prior
obligations were issued and are subject to the provisions of this
section pertaining to other obligations, except as otherwise
provided in this section; provided that, unless otherwise
authorized by the general assembly, any limitations imposed by
the
general assembly pursuant to this section with respect to
bond
service charges applicable to the prior obligations shall be
applicable to the obligations issued under this division to
refund, fund, advance refund or retire such prior obligations.
(M) The authority to issue obligations under this section
includes authority to issue obligations in the form of bond
anticipation notes and to renew the same from time to time by the
issuance of new notes. The holders of such notes or interest
coupons pertaining thereto shall have a right to be paid solely
from the pledged receipts and special funds that may be pledged
to
the payment of the bonds anticipated, or from the proceeds of
such
bonds or renewal notes, or both, as the issuing authority
provides
in the resolution or order authorizing such notes. Such
notes may
be additionally secured by covenants of the issuing
authority to
the effect that the issuing authority and the state
will do such
or all things necessary for the issuance of such
bonds or renewal
notes in appropriate amount, and apply the
proceeds thereof to the
extent necessary, to make full payment of
the principal of and
interest on such notes at the time or times
contemplated, as
provided in such resolution or order. For such
purpose, the
issuing authority may issue bonds or renewal notes
in such
principal amount and upon such terms as may be necessary
to
provide funds to pay when required the principal of and
interest
on such notes, notwithstanding any limitations
prescribed by or
for purposes of this section. Subject to this
division, all
provisions for and references to obligations in
this section are
applicable to notes authorized under this
division.
The issuing authority in the bond proceedings authorizing
the
issuance of bond anticipation notes shall set forth for such
bonds
an estimated interest rate and a schedule of principal
payments
for such bonds and the annual maturity dates thereof,
and for
purposes of any limitation on bond service charges
prescribed
under division (A) of section 166.11 of the Revised
Code, the
amount of bond service charges on such bond
anticipation notes is
deemed to be the bond service charges for
the bonds anticipated
thereby as set forth in the bond
proceedings applicable to such
notes, but this provision does not
modify any authority in this
section to pledge receipts and
special funds to, and covenant to
issue bonds to fund, the
payment of principal of and interest and
any premium on such
notes.
(N) Obligations issued under this section are lawful
investments for banks, societies for savings, savings and loan
associations, deposit guarantee associations, trust companies,
trustees, fiduciaries, insurance companies, including domestic
for
life and domestic not for life, trustees or other officers
having
charge of sinking and bond retirement or other special
funds of
political subdivisions and taxing districts of this
state, the
commissioners of the sinking fund of the state, the
administrator
of workers' compensation, the state teachers retirement
system,
the public employees retirement system, the school
employees
retirement system, and the Ohio police and
fire pension fund,
notwithstanding any other
provisions of the Revised Code or rules
adopted pursuant thereto by any
governmental agency of the state
with respect to investments by
them, and are also acceptable as
security for the deposit of
public moneys.
(O) Unless otherwise provided in any applicable bond
proceedings, moneys to the credit of or in the special funds
established by or pursuant to this section may be invested by or
on behalf of the issuing authority only in notes, bonds, or other
obligations of the United States, or of any agency or
instrumentality of the United States, obligations guaranteed as to
principal
and interest by the United States, obligations of this
state or
any political subdivision of this state, and certificates
of deposit of
any national bank located in this state and any
bank, as defined
in section 1101.01 of the Revised Code, subject
to inspection by
the superintendent of banks. If the law or the
instrument
creating a trust pursuant to division (J) of this
section
expressly permits investment in direct obligations of the
United
States or an agency of the United States, unless expressly
prohibited by the
instrument, such moneys also may be invested in
no-front-end-load
money market mutual funds consisting exclusively
of obligations
of the United States or an agency of the United
States and in repurchase
agreements, including those issued by the
fiduciary itself,
secured by obligations of the United States or
an agency of the United States;
and in common trust funds
established in accordance with section
1111.20 of the Revised Code
and consisting exclusively of any
such securities, notwithstanding
division (A)(4) of that section.
The income from such investments
shall be credited to such funds
as the issuing authority
determines, and such investments may be
sold at such times as the
issuing authority determines or
authorizes.
(P) Provision may be made in the applicable bond
proceedings
for the establishment of separate accounts in the
bond service
fund and for the application of such accounts only
to the
specified bond service charges on obligations pertinent to
such
accounts and bond service fund and for other accounts
therein
within the general purposes of such fund. Unless
otherwise
provided in any applicable bond proceedings, moneys to
the credit
of or in the several special funds established
pursuant to this
section shall be disbursed on the order of the
treasurer of state,
provided that no such order is required for
the payment from the
bond service fund when due of bond service
charges on obligations.
(Q) The issuing authority may pledge all, or such portion
as
the issuing authority determines, of the pledged receipts to
the
payment of bond service charges on obligations issued under
this
section, and for the establishment and maintenance of any
reserves, as provided in the bond proceedings, and make other
provisions therein with respect to pledged receipts as authorized
by this chapter, which provisions are controlling notwithstanding
any other provisions of law pertaining thereto.
(R) The issuing authority may covenant in the bond
proceedings, and any such covenants are controlling
notwithstanding any other provision of law, that the state and
applicable officers and governmental agencies of the state,
including the general assembly, so long as any obligations
are
outstanding, shall:
(1) Maintain statutory authority for and cause to be
charged
and collected wholesale and retail prices for spirituous
liquor
sold by the state or its agents so that the pledged
receipts are
sufficient in amount to meet bond service charges,
and the
establishment and maintenance of any reserves and other
requirements provided for in the bond proceedings, and, as
necessary, to meet covenants contained in contracts of guarantee
made under section 166.06
of the Revised Code;
(2) Take or permit no action, by statute or otherwise,
that
would impair the exemption from federal income taxation of
the
interest on the obligations.
(S) There is hereby created the economic development bond
service fund, which shall be in the custody of the treasurer of
state but shall be separate and apart from and not a part of the
state treasury. All moneys received by or on account of the
issuing authority or state agencies and required by the
applicable
bond proceedings, consistent with this section, to be
deposited,
transferred, or credited to a bond service fund or the
economic
development bond service fund, and all other moneys
transferred or
allocated to or received for the purposes of the
fund, shall be
deposited and credited to such fund and to any
separate accounts
therein, subject to applicable provisions of
the bond proceedings,
but without necessity for any act of
appropriation. During the
period beginning with the date of the
first issuance of
obligations and continuing during such time as
any such
obligations are outstanding, and so long as moneys in
the
pertinent bond service funds are insufficient to pay all bond
services charges on such obligations becoming due in each year, a
sufficient amount of the gross profit on the sale of spirituous
liquor included in pledged receipts are committed and shall be
paid to the bond service fund or economic development bond
service
fund in each year for the purpose of paying the bond
service
charges becoming due in that year without necessity for
further
act of appropriation for such purpose and notwithstanding
anything
to the contrary in Chapter 4301. of the Revised Code.
The
economic development bond service fund is a trust fund and is
hereby pledged to the payment of bond service charges to the
extent provided in the applicable bond proceedings, and payment
thereof from such fund shall be made or provided for by the
treasurer of state in accordance with such bond proceedings
without necessity for any act of appropriation.
(T) The obligations, the transfer thereof, and the income
therefrom, including any profit made on the sale thereof, shall
at
all times be free from taxation within the state.
Sec. 166.11. (A) The aggregate principal amount of project
financing
obligations that may be issued under
section 166.08 of
the Revised Code is three hundred
million dollars, plus the
principal amount of such project financing
obligations retired by
payments. The aggregate principal amount of
obligations,
exclusive of project financing obligations,
that may be issued
under section 166.08 of the
Revised Code is three hundred million
dollars, plus the principal
amount of any such obligations retired
by payment, the amounts
held
or obligations pledged for the
payment of the principal
amount of any such
obligations
outstanding, amounts in special
funds held as
reserves to meet
bond service charges, and amounts
of obligations
issued to provide
moneys required to meet payments
from the loan
guarantee fund
created in section 166.06 of the
Revised Code
and the innovation
Ohio loan guarantee fund created
in section 166.15 of the Revised
Code, and
minus the amount if any
by which four per cent
of the
unpaid
principal amount of loan
repayments guaranteed under
section
166.06 of the Revised Code
exceeds the amount in the loan
guarantee fund. The terms of the obligations issued under
section
166.08 of
the Revised Code, other than obligations issued
to meet
guarantees
that cannot be satisfied from amounts then
held in the
loan
guarantee fund, shall be such that the aggregate
amount of
moneys
used from profit from the sale of
spirituous liquor, and
not from
other sources, in any fiscal year
shall not exceed
twenty-five
million dollars. For purposes of
the preceding
sentence, "other
sources" include the annual
investment income on
special funds to
the extent it will be
available for payment of
any bond service
charges in lieu of use
of profit from the sale of
spirituous
liquor, and shall be
estimated on the basis of the
expected
funding of those special
funds and assumed investment
earnings
thereon at a rate equal to
the weighted average yield on
investments of those special funds
determined as of any date
within sixty days immediately preceding
the date of issuance of
the bonds in respect of which the
determination is being made.
The
determinations required by this
division shall be made by the
treasurer of state at the time of
issuance of an issue of
obligations and shall be conclusive for
purposes of such issue of
obligations from and after their
issuance and delivery.
(B) The aggregate amount of the guaranteed portion of the
unpaid principal of loans guaranteed under
section
sections 166.06
and 166.15 of the
Revised Code and the unpaid principal of loans
made under
section
sections
166.07
and 166.16 of the Revised Code
may not at any time exceed
five
seven
hundred million dollars.
Of
that
seven hundred million dollars, the aggregate amount of the
guaranteed portion of the unpaid principal of loans guaranteed
under sections 166.06 and 166.15 of the Revised Code shall not at
any time exceed two hundred million dollars. However,
this
limitation does
the limitations established under this division do
not apply to loans
made with proceeds from the issuance and sale
of project financing
obligations.
(C) At least fifty per cent of the original amounts
authorized by division (B) of this section shall be reserved for
and applied to assist small business concerns that have not more
than four hundred employees, not including new employment to be
generated by the eligible project to be assisted under this
chapter, but this requirement does not limit the portion of such
amounts which may be applied to assist such small business
concerns.
Sec. 166.12. (A) The general assembly finds that in order
to maintain and enhance the competitiveness of the Ohio economy
and to improve the economic welfare of all of the people of the
state, it is necessary to ensure that high-value jobs based on
research, technology, and innovation will be available to the
people of this state. Further, the general assembly finds that
the attraction of such jobs and their presence in this state will
materially contribute to the economic welfare of all of the people
of the state. Accordingly, it is declared to be the public policy
of this state, through the operations under sections 166.01 and
166.12 to
166.16 of the Revised Code, and the loan and loan
guarantee
provisions contained in those sections, applicable laws
adopted
pursuant to Section 13 of Article VIII, Ohio Constitution,
and
other authority vested in the general assembly, to assist in
and
facilitate the establishment or development of eligible
innovation
projects or assist and cooperate with any governmental
agency in
achieving that purpose.
(B) In furtherance of that public policy and to implement
that purpose, the director of development may:
(1) After consultation with appropriate governmental
agencies, enter into agreements with persons engaged in industry,
commerce, distribution, or research and with governmental agencies
to induce such persons to acquire, construct, reconstruct,
rehabilitate, renovate, enlarge, improve, equip, or furnish, or
otherwise develop, eligible innovation projects and make provision
therein for project facilities and governmental actions, as
authorized by sections 166.01 and 166.12 to 166.16 of the Revised
Code and other applicable laws;
(2) Provide for innovation Ohio loan guarantees and loans
under sections 166.15 and 166.16 of the Revised Code;
(3) Subject to the release of such moneys by the
controlling board,
contract for labor and materials needed for, or
contract with
others, including governmental agencies, to provide,
eligible
innovation projects the allowable innovation costs of
which are to
be paid for or reimbursed from moneys in the
innovation Ohio loan
fund, and contract for the operation of such
eligible innovation
projects;
(4) Subject to release thereof by the controlling board,
from moneys in the innovation Ohio loan fund,
acquire or contract
to acquire by gift, exchange, or purchase,
including the obtaining
and exercise of purchase options,
innovation property, and convey
or otherwise dispose of, or
provide for the conveyance or
disposition of, innovation property
so acquired or contracted to
be acquired by sale, exchange, lease,
lease purchase, conditional
or installment sale, transfer, or
other disposition, including the
grant of an option to purchase,
to any governmental agency or to
any other person without
necessity for competitive bidding and
upon such terms and
conditions and manner of consideration
pursuant to, and as the
director determines to be appropriate to
satisfy the objectives of,
Chapter 166. of the Revised Code;
(5) Retain the services of or employ financial consultants,
appraisers, consulting engineers, superintendents, managers,
construction and accounting experts, attorneys, and employees,
agents, and independent contractors as are necessary in the
director's judgment and fix the compensation for their services;
(6) Receive and accept from any person grants, gifts, and
contributions of money, property, labor, and other things of
value, to be held, used, and applied only for the purpose for
which
such grants, gifts, and contributions are made;
(7) Enter into appropriate arrangements and agreements with
any governmental agency for the taking or provision by that
governmental agency of any governmental action with respect to
innovation projects;
(8) Do all other acts and enter into contracts and execute
all instruments necessary or appropriate to carry out the
provisions of sections 166.01 and 166.12 to 166.16 of the Revised
Code;
(9) With respect to property, including but not limited to
innovation property, take such interests, including but not
limited to mortgages, security interests, assignments, and
exclusive or non-exclusive licenses, as may be necessary or
appropriate under the circumstances, to ensure that innovation
property is used within this state and that products or services
associated with that innovation property are produced or, in the
case of services, delivered, by persons employed within this
state;
(10) Adopt rules necessary to implement any of the
provisions of sections 166.01 and 166.12 to 166.16 of the Revised
Code applicable to the director.
(C) The determinations by the director that facilities or
property constitute eligible innovation projects and that costs of
such facilities or property are allowable innovation costs, and
all other determinations relevant thereto or to an action taken or
agreement entered into, shall be conclusive for purposes of the
validity and enforceability of rights of parties arising from
actions taken and agreements entered into under sections 166.01
and 166.12 to 166.16 of the Revised Code.
Sec. 166.13. (A) Prior to entering into each agreement to
provide innovation financial assistance under sections 166.12,
166.15, and 166.16 of the Revised Code, the director of
development shall determine whether the assistance will conform to
the requirements of sections 166.12 to 166.16 of the Revised Code.
Such determination, and the facts upon which it is based, shall be
set forth by the director in submissions made to the controlling
board for purposes of section 166.16 of the Revised Code and to
the development finance advisory council under section 166.14 of
the Revised Code. An agreement to provide assistance under
sections 166.12, 166.15, and 166.16 of the Revised Code shall set
forth the determination, which shall be conclusive for purposes of
the validity and enforceability of the agreement and any
innovation loan guarantees, innovation loans, or other agreements
entered into pursuant to the agreement to provide innovation
financial assistance.
(B) Whenever a person applies for innovation financial
assistance under sections 166.12, 166.15, and 166.16 of the
Revised Code and the eligible innovation project for which
innovation financial assistance is requested is to relocate an
eligible innovation project that is currently being operated by
the person and that is located in another county, municipal
corporation, or township, the director shall provide written
notification to the appropriate local governmental bodies and
state officials. The notification shall contain the following
information:
(1) The name of the person applying for innovation
financial assistance;
(2) The county, and the municipal corporation or township,
in which the eligible innovation project for which innovation
financial assistance is requested is located; and
(3) The county, and the municipal corporation or township,
in which the eligible innovation project to be replaced is
located.
The director shall provide the written notification to the
appropriate local governmental bodies and state officials so that
they receive the notification at least five days before the
development finance advisory council meeting at which the council
considers the request for innovation financial assistance pursuant
to sections 166.12, 166.15, and 166.16 of the Revised Code.
(C) As used in division (B) of this section:
(1) "Appropriate local governmental bodies" means:
(a) The boards of county commissioners or legislative
authorities of the county in which the project for which
innovation financial assistance is requested is located and of the
county in which the eligible innovation project to be replaced is
located;
(b) The legislative authority of the municipal corporation
or the board of township trustees of the township in which the
eligible innovation project for which innovation financial
assistance is requested is located; and
(c) The legislative authority of the municipal corporation
or the board of township trustees of the township in which the
eligible innovation project to be replaced is located.
(2) "State officials" means:
(a) The state representative and state senator in whose
districts the project for which innovation financial assistance is
requested is located;
(b) The state representative and state senator in whose
districts the innovation project to be replaced is located.
Sec. 166.14. (A) In determining the eligible innovation
projects to be assisted and the nature, amount, and terms of
innovation financial assistance to be provided for an eligible
innovation project under sections 166.12 to 166.16 of the Revised
Code:
(1) The director of development shall take into
consideration all of the following:
(a) The number of jobs to be created or preserved by the
eligible innovation project, directly or indirectly;
(b) Payrolls, and the taxes generated, at both state and
local levels, by or in connection with the eligible innovation
project and by the employment created or preserved by or in
connection with the eligible innovation project;
(c) The size, nature, and cost of the eligible innovation
project, including the prospect of the eligible innovation project
for providing long-term jobs in enterprises consistent with the
changing economics of the state and the nation;
(d) The needs of any private sector enterprise to be
assisted;
(e) The amount and kind of assistance, if any, to be
provided to the private sector enterprise by other governmental
agencies through tax exemption or abatement, financing assistance
with industrial development bonds, and otherwise, with respect to
the eligible innovation project or with respect to any providers
of innovation property to be included as part of the eligible
innovation project;
(f) The likelihood of the successful implementation of the
proposed eligible innovation project;
(g) Whether the eligible innovation project involves the
use of technology in a targeted innovation industry sector.
(2) The benefits to the local area, including taxes, jobs,
and reduced unemployment and reduced welfare costs, among others,
may be accorded value in the leasing or sales of innovation
project
facilities and in loan and guarantee arrangements.
(3) In making determinations under division (A)(1) of this
section, the director may consider the effect of an eligible
innovation project upon any entity engaged to provide innovation
property to be acquired, leased, or licensed in connection with
such assistance.
(B) The director shall submit to the development finance
advisory council data pertinent to the considerations set forth in
division (A) of this section, the terms of the proposed innovation
financial assistance, and such other relevant information as the
council may request.
(C) The development finance advisory council, on the basis
of such data, shall make recommendations as to the appropriateness
of the innovation financial assistance to be provided. The
recommendations may be revised to reflect any changes in the
proposed innovation financial assistance as the director may
submit to the council. The recommendations, as amended, of the
council as to the appropriateness of the proposed innovation
financial assistance shall be submitted to the controlling board.
(D) Financial statements and other data submitted to the
director of development, the development finance advisory council,
or the controlling board by any private sector person in
connection with innovation financial assistance under sections
166.12, 166.15, and 166.16 of the Revised Code, or any information
taken from such statements or data for any purpose, shall not be
open to public inspection. The development finance advisory
council in considering confidential information in connection with
innovation financial assistance under this chapter may, only for
consideration of the confidential information referred to, and in
the manner provided in division (E) of section 121.22 of the
Revised Code, close the meeting during such consideration.
Sec. 166.15. (A) Subject to any limitations as to
aggregate amounts thereof that may from time to time be prescribed
by the general assembly and to other applicable provisions of this
chapter, the director of development may, on
behalf of the
state,
enter into contracts to guarantee the
repayment or payment
of the
unpaid principal amount of loans made,
including bonds,
notes, or
other certificates issued or given to
provide funds, to
pay
allowable innovation costs of eligible
innovation projects.
The
guarantees shall be secured solely by and
payable solely from
the
innovation Ohio loan guarantee fund
and
unencumbered and available
moneys in the innovation Ohio loan fund, in the manner and to
the
extent
provided in
guarantee
contracts consistent with
this
section.
The guarantees
shall not
constitute general
obligations
of the
state or of any
political
subdivision, and
moneys raised by
taxation shall not be
obligated
or pledged for
the payment of the
guarantees.
(B) Before guaranteeing any such repayments or payments, the
director shall determine that:
(1) The project is an eligible innovation project and is
economically sound.
(2) The principal amount to be guaranteed does not exceed
ninety
per cent of the allowable innovation costs of the eligible
innovation project as determined by the director. In making this
determination, the director may, in the director's discretion,
engage an independent engineer,
architect, appraiser, or other
professional to make it, pursuant
to a contract to be paid solely
from the innovation Ohio loan
fund, subject to approval of the
controlling board.
(3) The principal amount to be guaranteed has a
satisfactory
maturity date or dates, which in no case shall be
later than
twenty years from the effective date of the
guarantee.
(4) The principal obligor, or primary guarantor, is
responsible
and is reasonably expected to be able to meet the
payments under
the loan, bonds, notes, or other certificates.
(5) The loan or documents pertaining to the bonds, notes,
or
other certificates to be guaranteed contains
provisions for
payment by the principal obligor satisfactory to the director and
is in such form and contains such terms and
provisions for the
protection of the lenders as are generally
consistent with
commercial practice for the type of eligible
innovation project
that is the subject of the assistance,
including, where
applicable, provisions with respect to property
insurance,
repairs, alterations, payment of taxes and assessments,
delinquency charges, default remedies, acceleration of maturity,
prior, additional, and secondary liens, and other matters as the
director may approve.
(C) The contract of guarantee may make provision for the
conditions of, time for, and manner of fulfillment of the
guarantee commitment, subrogation of this state to the rights of
the parties guaranteed and exercise of such parties' rights by
this state, giving this state the options of making payment of the
principal amount guaranteed in one or more installments and, if
deferred, to pay interest thereon from the innovation Ohio loan
guarantee fund, and any other terms or
conditions customary to
such guarantees and as the director may
approve, and may contain
provisions for securing the guarantee in
the manner consistent
with this section, covenants on behalf of
this state for the
maintenance of the loan guarantee fund created
by this section and
of receipts to it permitted by this chapter,
including covenants
on behalf of this state to issue obligations
under section 166.08
of the Revised Code to provide moneys to the
innovation Ohio loan
guarantee fund to fulfill such guarantees, and covenants
restricting the
aggregate amount of
guarantees that may be
contracted under this
section and
obligations that may be issued
under section 166.08 of
the Revised
Code, and terms pertinent to
either, to better secure
the parties
guaranteed.
(D) The innovation Ohio loan guarantee fund is hereby
created as
a special revenue fund and a trust fund which shall be
in the
custody of the treasurer of state but shall be separate and
apart
from and not a part of the state treasury and shall consist
of all
grants, gifts, and contributions of moneys or rights to
moneys
lawfully designated for or deposited in such fund, all
moneys and
rights to moneys lawfully appropriated and transferred
to such
fund, including moneys received from the issuance of
obligations
under section 166.08 of the Revised Code, and moneys
deposited to
such fund pursuant to division (F) of this section.
The innovation
Ohio loan guarantee fund shall not be comprised, in
any part, of
moneys raised by taxation.
(E) The director may fix service charges for making a
guarantee.
The charges shall be payable at such times and place
and in such
amounts and manner as may be prescribed by the
director.
(F) The treasurer of state shall serve as agent for the
director
in the making of deposits and withdrawals and maintenance
of
records pertaining to the innovation Ohio loan guarantee fund.
Prior to the director's entry into a contract providing for the
making of a guarantee payable from the innovation Ohio loan
guarantee fund, the treasurer of state shall cause to be
transferred from the innovation Ohio loan fund to the innovation
Ohio loan guarantee fund an amount sufficient to make the
aggregate
balance therein, taking into account the proposed loan
guarantee equal to the innovation Ohio
loan guarantee reserve
requirement.
Thereafter,
the treasurer of
state shall cause the
balance in the
innovation Ohio loan
guarantee fund to be at least
equal to the innovation Ohio loan
guarantee reserve requirement.
Funds from
the innovation Ohio
loan guarantee fund shall be
disbursed under a
guarantee made
pursuant to this section to
satisfy a guaranteed
repayment or
payment which is in default.
After withdrawing moneys
from the
innovation Ohio loan guarantee
fund, the treasurer of
state shall
transfer moneys in the
innovation Ohio loan fund to
the innovation
Ohio loan guarantee
fund to satisfy any repayment
obligations.
Whenever these moneys
are inadequate to meet the
requirements of a
guarantee, the
treasurer of state shall, without
need of
appropriation or further
action by the director, provide
for a
withdrawal and transfer to
the innovation Ohio loan
guarantee fund
and then to the guaranteed
party of moneys in such
amount as is
necessary to meet the
guarantee, from unencumbered and available
moneys in the
innovation Ohio loan fund. The disbursements shall
be made in
the
manner and at the
times provided in the guarantees.
Within ninety
days following a disbursement of money from the
innovation Ohio
loan guarantee fund, the treasurer of state,
without need of
appropriation or further action by the director,
shall provide for
a withdrawal and transfer to the innovation Ohio
loan guarantee
fund from unencumbered and available moneys in the
innovation Ohio
loan fund, including moneys from the repayment of
loans made from
that fund, of an amount sufficient to cause the
balance in the
innovation Ohio loan guarantee fund to be at least
equal to the
innovation Ohio loan guarantee reserve requirement.
(G) Any guaranteed parties under this section, except to the
extent that their rights are restricted by the guarantee
documents, may by any suitable form of legal proceedings, protect
and enforce any rights under the laws of this state or granted by
such guarantee or guarantee documents. Such rights include the
right to compel the performance of all duties of the director and
the treasurer of state required by this section or the guarantee
or guarantee documents; and in the event of default with respect
to the payment of any guarantees, to apply to a court having
jurisdiction of the cause to appoint a receiver to receive and
administer the moneys pledged to such guarantee with full power to
pay, and to provide for payment of, such guarantee, and with such
powers, subject to the direction of the court, as are accorded
receivers in general equity cases, excluding any power to pledge
or apply additional revenues or receipts or other income or moneys
of this state or governmental agencies of the state to the payment
of such guarantee. Each duty of the director and the treasurer of
state and their officers and employees, and of each governmental
agency and its officers, members, or employees, required or
undertaken pursuant to this section or a guarantee made under
authority of this section, is hereby established as a duty of the
director and the treasurer of state, and of each such officer,
member, or employee having authority to perform such duty,
specifically enjoined by the law resulting from an office, trust,
or station within the meaning of section 2731.01 of the Revised
Code. The persons who are at the time the director and treasurer
of state, or their officers or employees, are not liable in their
personal capacities on any guarantees or contracts to make
guarantees by the director.
(H) The determinations of the director under divisions (B)
and (C) of this section shall be conclusive for purposes of the
validity of a guarantee evidenced by a contract signed by the
director, and such guarantee shall be incontestable as to money
advanced under loans to which such guarantees are by their terms
applicable.
Sec. 166.16. (A) The director of development, with the
approval of the controlling board and subject to the other
applicable provisions of this chapter, may lend moneys in the
innovation Ohio loan fund to persons for the purpose of paying
allowable innovation costs of an eligible innovation project if
the director determines that:
(1) The project is an eligible innovation project and is
economically sound.
(2) The borrower is unable to finance the necessary
allowable costs through ordinary financial channels upon
comparable terms.
(3) The amount to be lent from the innovation Ohio loan
fund will not exceed ninety per cent of the total costs of the
eligible innovation project.
(4) The repayment of the loan from the innovation Ohio loan
fund will be secured by a mortgage, lien, assignment,
or pledge,
or other interest in property or innovation property at
such level
of priority and value as the director may determine
necessary,
provided that, in making such a determination, the
director may
take into account the value of any rights granted by
the borrower
to the director to control the use of any property or
innovation
property of the borrower under the circumstances
described in the
loan documents.
(B) The determinations of the director under division (A) of
this section shall be conclusive for purposes of the validity of a
loan commitment evidenced by a loan agreement signed by the
director.
(C) Fees, charges, rates of interest, times of payment of
interest and principal, and other terms, conditions, and
provisions of and security for loans made from the innovation Ohio
loan fund shall be such as the director determines to be
appropriate and in furtherance of the purpose for which the loans
are made. The moneys used in making the loans shall be disbursed
from the innovation Ohio loan fund upon order of the director.
Unless otherwise specified in any indenture or other instrument
securing obligations under division (D) of section 166.08 of the
Revised Code, any payments of principal and interest from loans
made from the innovation Ohio loan fund shall be paid to the
innovation Ohio loan fund and used for the purpose of making
loans.
(D) The innovation Ohio loan fund is hereby created as a
special revenue fund and a trust fund which shall be in the
custody of the treasurer of state but shall be separate and apart
from and not a part of the state treasury. The fund shall consist
of all grants, gifts, and contributions of moneys or rights to
moneys lawfully designated for or deposited in such fund, all
moneys and rights to moneys lawfully appropriated and transferred
to such fund, including moneys received from the issuance of
obligations under section 166.08 of the Revised Code, and moneys
deposited to such fund pursuant to divisions (C) and (G) of this
section. The innovation Ohio loan fund shall not be comprised, in
any part, of moneys raised by taxation.
(E) The director may take actions necessary or appropriate
to collect or otherwise deal with any loan made under this
section.
(F) The director may fix service charges for the making of
a loan. The charges shall be payable at such times and place and
in such amounts and manner as may be prescribed by the director.
(G) The treasurer of state shall serve as an agent for the
director in the making of deposits and withdrawals and maintenance
of records pertaining to the innovation Ohio loan fund.
(H)(1) There shall be credited to the innovation Ohio loan
fund the moneys received by this state from the repayment of
innovation Ohio loans and recovery on loan guarantees, including
interest thereon, made from the innovation Ohio loan fund or from
the innovation Ohio loan guarantee fund and from the sale, lease,
or other disposition of property acquired or constructed from
moneys in the innovation Ohio loan fund with moneys derived from
the proceeds of the sale of obligations under section 166.08 of
the Revised Code. Such moneys shall be applied as provided in
this chapter pursuant to appropriations made by the general
assembly.
(2) Notwithstanding division (H)(1) of this section, any
amounts recovered on innovation Ohio loan guarantees shall be
deposited to the credit of the innovation Ohio loan guarantee fund
to the extent necessary to restore that fund to the innovation
Ohio loan guarantee reserve requirement or any level in excess
thereof
required
by any guarantee contract. Money in the
innovation Ohio
loan guarantee fund in excess of the innovation
Ohio loan
guarantee reserve requirement, but subject to the
provisions and
requirements of any guarantee contracts, may be
transferred to the
innovation Ohio loan fund by the treasurer of
state upon the order
of the director of development.
(3) In addition to the requirements of division (H)(1) of
this section, moneys referred to in that division may be deposited
to the credit of separate accounts within the innovation Ohio loan
fund or in the bond service fund and pledged to the security of
obligations, applied to the payment of bond service charges
without need for appropriation, released from any such pledge and
transferred to the innovation Ohio loan fund, all as and to the
extent provided in the bond proceedings pursuant to written
directions by the director of development. Accounts may be
established by the director in the innovation Ohio loan fund for
particular projects or otherwise. Income from the investment of
moneys in the innovation Ohio loan fund shall be credited to that
fund and, as may be provided in bond proceedings, to particular
accounts in that fund. The treasurer of state may withdraw from
the innovation Ohio loan fund or, subject to provisions of the
applicable bond proceedings, from any special funds established
pursuant to the bond proceedings, or from any accounts in such
funds, any amounts of investment income required to be rebated and
paid to the federal government in order to maintain the exemption
from federal income taxation of interest on obligations issued
under this chapter, which withdrawal and payment may be made
without necessity for appropriation.
Sec. 183.021. (A) No money from the tobacco master
settlement
agreement fund shall be expended to do any of the
following:
(1) Hire an executive agency lobbyist, as defined under
section
121.60 of the Revised Code, or a legislative agent, as
defined
under section 101.70 of the Revised Code;
(2) Support or oppose candidates, ballot questions,
referendums,
or ballot initiatives.
(B) Nothing in this section prohibits any of the following
from
advocating on behalf of the specific objectives of a program
funded under
this chapter:
(1) The members of the board of trustees, executive
director, or
employees of the tobacco use prevention and control
foundation;
(2) The members of the board of trustees, executive
director, or
employees of the southern Ohio agricultural and
community
development foundation;
(3) The members, executive director, or employees of the
biomedical research and technology transfer commission
third
frontier commission or the members of the third frontier advisory
board.
Sec. 183.19. The biomedical research and technology transfer
trust fund is hereby created in the state treasury. Money
credited to
the fund shall be used as provided in sections
183.20
to 183.25
184.01 to 184.03 of the
Revised Code.
The third frontier
commission shall administer the fund in accordance with those
sections. All investment earnings of the fund shall be
credited
to the fund.
Sec. 183.30. (A)
Except as provided in division (D) of
this
section, no more than five per cent of the total
expenditures
of
the tobacco use prevention and control foundation in a fiscal
year
shall be for administrative expenses of the
foundation.
(B)
Except as provided in division (D) of this section, no
more than five per cent of the total expenditures of the
southern
Ohio agricultural and community development foundation in
a fiscal
year shall be for administrative expenses of the
foundation.
(C)
Except as provided in division (D) of this section, no
more than five per cent of the total expenditures
of
made from the
biomedical research and technology transfer commission
biomedical
research and technology transfer trust fund by the third frontier
commission in a fiscal
year shall be for administrative expenses
of the commission.
(D) This section's five per cent limitation on
administrative expenses does not apply
to any fiscal
year for
which the
controlling board
approves a spending plan
that the
foundation or commission
submits to the board.
Sec. 184.01.
(A) There is hereby created the third
frontier commission in the department of development. The purpose
of the commission is to coordinate and administer science and
technology programs to promote the welfare of the people of the
state and to maximize the economic growth of the state through
expansion of both of the following:
(1) The state's high technology research and development
capabilities;
(2) The state's product and process innovation and
commercialization.
(B) The commission shall consist of the director of
development, the chancellor of the Ohio board of regents, and the
governor's science and technology advisor. The governor shall
select a chairperson from among the members, who shall serve in
that role at the pleasure of the governor. Sections 101.82 to
101.87 of the Revised Code do not apply to the commission.
(C) The commission shall meet at least once during each
quarter of the calendar year or at the call of the chairperson. A
majority of all members of the commission constitutes a quorum,
and
no action shall be taken without the concurrence of a majority
of
the members.
(D) The commission shall administer any money that may be
appropriated to it by the general assembly. The commission may use
such money for research and commercialization and for any other
purposes that may be designated by the commission.
(E) The department of development shall provide office space
and facilities for the commission. Administrative costs associated
with the operation of the commission or with any program or
activity administered by the commission shall be paid from amounts
appropriated to the commission or to the department of development
for such purposes.
(F) The attorney general shall serve as the legal
representative for the commission and may appoint other counsel as
necessary for that purpose in accordance with section 109.07 of
the Revised Code.
(G) Members of the commission shall serve without
compensation, but shall receive their reasonable and necessary
expenses incurred in the conduct of commission business.
Sec. 184.02.
(A) The third frontier commission may
perform any act to ensure the performance of any function
necessary or appropriate to carry out the purposes of, and
exercise the powers granted under, sections 184.01 and 184.02 of
the Revised Code. In addition, the commission may do any of the
following:
(1) Adopt, amend, and rescind rules under section 111.15 of
the Revised Code for the administration of any aspect of its
operations;
(2) Adopt bylaws governing its operations, including bylaws
that establish procedures and set policies as may be necessary to
assist with the furtherance of its purposes;
(3) Appoint and set the compensation of employees needed to
carry out its duties;
(4) Contract with, retain the services of, or designate, and
fix the compensation of, such financial consultants, accountants,
other consultants and advisors, and other independent contractors
as may be necessary or desirable to carry out its duties;
(5) Solicit input and comments from the third frontier
advisory board, and specialized industry, professional, and other
relevant interest groups concerning its purposes;
(6) Facilitate alignment of the state's science and
technology programs and activities;
(7) Make grants and loans to individuals, public agencies,
private companies or organizations, or joint ventures for any of
the broad range of activities related to its purposes.
(B) The commission shall do all of the following:
(1) Establish a competitive process for the award of grants
and loans that is designed to fund the most meritorious proposals
and, when appropriate, provide for peer review of proposals;
(2) Within ninety days after the end of each fiscal year,
submit to the governor and the general assembly a report of the
activities of the commission during the preceding fiscal year;
(3) With specific application to the biomedical research and
technology transfer trust fund, periodically make strategic
assessments of the types of state investments in biomedical
research and biotechnology in the state that would likely create
jobs and business opportunities in the state and produce the most
beneficial long-term improvements to the public health of
Ohioians, including, but not limited to, biomedical research and
biotechnology initiatives that address tobacco-related illnesses
as may be outlined in any master agreement. The commission shall
award grants and loans from the fund pursuant to a process
established under division (B)(1) of this section.
Sec. 184.03.
(A) There is hereby created the third
frontier advisory board that, upon request of the third frontier
commission, shall provide general advice to the commission on
various items including, but not limited to, the following:
(1) Strategic planning for programs administered by the
commission;
(2) Budget and funding priorities, funding processes,
request-for-proposal criteria, and other aspects of the management
and coordination of programs administered by the commission;
(3) Metrics and methods of measuring the progress and impact
of programs administered by the commission;
(4) Studies to be conducted to collect and analyze data
relevant to advancing the goals of programs administered by the
commission.
(B) The board shall consist of sixteen members selected for
their knowledge of and experience in science and technology
matters that may affect the state in the near future. Of the
sixteen members, fourteen shall be appointed by the governor, one
shall be appointed by the speaker of the house of representatives,
and one shall be appointed by the president of the senate.
(1) Of the fourteen members appointed by the governor, nine
shall be representative of or have experience with business
matters that affect the state and five shall be representative of
or have experience with matters affecting universities or
nonprofit research institutions in the state.
(2) Of the governor's initial appointees that are
representative of or have experience with business matters that
affect the state, three shall serve an initial term of one year,
three shall serve an initial term of two years, and three shall
serve an initial term of three years. All of the initial
appointees that are representative of or have experience with
matters affecting university or nonprofit research institutions
shall serve an initial term of three years. Thereafter, each
member appointed by the governor shall serve a three-year term.
(3) All appointees to the board shall serve at the pleasure
of their appointing authorities.
(4) Not more than nine members of the board shall be of the
same political party.
(C) The governor shall appoint the chairperson of the board
from among its members, and the chairperson shall serve in that
role at the pleasure of the governor.
(D) A majority of the members of the board constitutes a
quorum, and no action shall be taken without the affirmative vote
of a majority of the members.
(E) Each member of the board shall hold office from the date
of appointment until the end of the term for which the member was
appointed. A member may be reappointed for an unlimited number of
terms. A member appointed to fill a vacancy occurring prior to the
expiration of the term for which the member's predecessor was
appointed shall hold office for the remainder of such term. A
vacancy in an unexpired term shall be filled in the same manner as
the original appointment. A member of the board shall continue in
office subsequent to the expiration date of the member's term
until the member's successor takes office, or until a period of
sixty days has elapsed, whichever occurs first. The governor may
remove any member of the board for malfeasance, misfeasance, or
nonfeasance after a hearing in accordance with Chapter 119. of the
Revised Code.
(F) Members of the board shall not act as representatives of
any specific disciplinary, regional, or organizational interest.
Members shall represent a wide variety of experience valuable in
technology research and development, product process innovation
and commercialization, and creating and managing high-growth
technology-based companies.
(G) Members of the board shall file financial disclosure
statements described in division (B) of section 102.02 of the
Revised Code.
(H) Members of the board shall serve without compensation but
shall receive their reasonable and necessary expenses incurred in
the conduct of board business.
(I) Before entering upon duties as a member of the board,
each member shall take an oath as provided by Section 7 of
Article XV, Ohio Constitution.
(J) The department of development shall provide office space
and facilities for the board.
(K) Sections 101.82 to 101.87 of the Revised Code do not
apply to the board.
Sec. 307.23. The board of county commissioners of any
county
having a population of less than twenty-five thousand,
according
to the most recently completed United States decennial
census, may
appropriate, out of the revenue fund not otherwise
appropriated,
a
sum not exceeding twenty thousand dollars
annually; in counties
having a population of more than
twenty-five thousand and not more
than one hundred thousand,
according to such census, the board may
appropriate a sum not
exceeding thirty-two thousand dollars
annually; in counties
having a population of more than one hundred
thousand and not
more than three hundred thousand, according to
such census, the
board may appropriate a sum not exceeding sixty
thousand dollars
annually; in counties having a population of more
than three
hundred thousand, according to such census, the board
may
appropriate a sum not exceeding one hundred thousand dollars
annually,
money to be paid to the historical society of
such
counties
respectively, to
the county or to local societies for the
preservation and restoration of historic and archaeological sites
located in the county. The money may be used for the promotion of
historical work
within the borders of the county,
and for
the
restoration or reconstruction of historic buildings, for the
collection,
preservation, and publication of historical material,
and to
disseminate historical information of the county, and in
general
to defray the expense of carrying on historical work in
such
the
county.
Such
Other than for the restoration or reconstruction of
historic buildings,
funds
appropriated under this section may not
be used for the
construction of
buildings. No board may
appropriate any funds for
the benefit of
any county historical
society
or preservation and
restoration society unless such
society is incorporated
not for
profit under the laws of this
state. Application for the
funds
shall be made in the form of a
certified copy of a
resolution
adopted by the applicant society.
Sec. 307.675. (A) As used in this section, "long life
expectancy material" means any material, including a composite,
that, when used for a bridge deck in lieu of steel, concrete, or
reinforced concrete, will result in an expected useful life of the
bridge deck before replacement of at least thirty years.
(B) A county engineer may make a recommendation to the
board of county commissioners for the issuance of indebtedness of
the county as provided under division (C) of this section if the
county engineer determines that the projected savings from the use
of long life expectancy material in the construction or repair of
the bridge deck of a bridge for which the county has construction
or maintenance responsibility are sufficient to pay any additional
debt service costs of that indebtedness. In making this
determination, the county engineer shall do all of the following:
(1) Determine the expected useful life of the bridge deck if
constructed or repaired using long life expectancy material. In
making the determination, the county engineer shall use credible
data and shall thoroughly review any data used that is not
generated by the engineer.
(2) Determine the additional debt service costs the county
would incur issuing indebtedness under division (C) of this
section compared to issuing indebtedness to construct or repair
the bridge deck using steel, concrete, or reinforced steel;
(3) Compare the additional debt service costs to the
projected savings in operating, repair, and future capital
improvement costs of the bridge deck over the lesser of fifty
years or its expected useful life.
The county engineer also may include in a recommendation
under division (B) of this section a recommendation to purchase
and install performance monitoring equipment to monitor the
physical condition of the bridge so constructed or repaired.
(C) Upon a recommendation of the county engineer pursuant
to division (B) of this section, and pursuant to division (C)(7)
of section 133.07 of the Revised Code, a board of county
commissioners may issue indebtedness of the county subject to, and
having a maximum maturity specified in, division (B)(1)(c) of
section 133.20 of the Revised Code, for the purpose of
constructing or repairing with long life expectancy material the
bridge deck of a bridge for which the county has construction or
maintenance responsibility and, if also so recommended, for the
purpose of purchasing, installing, and maintaining in conjunction
with the bridge improvement performance monitoring equipment to
monitor the physical condition of the bridge. The authority
conferred by this division is in addition to any other statutory
authority of a board to issue indebtedness for a bridge
improvement, including an improvement using long life expectancy
material.
Sec. 715.02. (A) Two or more municipal corporations, one or
more municipal corporations and one or more other political
subdivisions, or two or more political subdivisions other than
municipal corporations may enter
into an agreement for the joint
construction or management, or
construction and management, of any
public work, utility, or
improvement, benefiting each
such
municipal corporation
or other political subdivision or for
the
joint exercise of any power conferred on municipal
corporations
or
other political subdivisions by the constitution or laws of this
state, in which
each of
such
the municipal corporations
or other
political subdivisions is interested. Any such
agreement shall be
approved by ordinance
or resolution, as applicable, passed by the
legislative body of each municipal corporation
or other political
subdivision that is a party
thereto,
which
to the agreement. The
ordinance
or resolution shall set forth the agreement in full,
and, when
approved, shall be a binding contract
between such
municipal
corporations.
(A)(B) Any agreement, entered into as provided in this
section, shall provide for
the following:
(1) The method by which the work, utility, or improvement
specified
therein
in it shall be jointly constructed or managed;
(2) The method by which any specified power shall be
jointly
exercised;
(3) Apportioning among the contracting municipal
corporations
or other political subdivisions any expense of
jointly constructing, maintaining, or
managing any work, utility,
or improvement or jointly exercising
any power.
(B)(C) Any agreement, entered into as provided in this
section, may provide for
either of the following:
(1) Assessing the cost, or any specified part of the cost,
of the joint construction, maintenance, or management of any
public work, utility, or improvement upon abutting property
specially benefited thereby;
(2) Assessing the cost, or any specified part of the cost,
of constructing, maintaining, or managing any such public work,
utility, or improvement upon the property within any district
clearly specified in
such
the agreement, in proportion to benefits
derived by
such
that property from
such
the work, utility, or
improvement.
(D) Each municipal corporation
or other political subdivision
may issue bonds for its portion
of the cost of any such public
work, utility, or improvement, if
Chapter 133. of the Revised Code
would authorize the issuance of
such
those bonds
in the event such
if the municipal corporation
or other political subdivision alone
were
undertaking the construction of
such public
the work,
utility, or
improvement, and subject to the same conditions and
restrictions
which would then apply.
Sec. 718.151. A municipal corporation, by ordinance, may
grant a nonrefundable credit against its tax on income to a
taxpayer that also receives a tax credit under section 122.171 of
the Revised Code. If a credit is granted under this section, it
shall be measured as a percentage of the income tax revenue the
municipal corporation derives from the retained employees of the
taxpayer, and shall be for a term not exceeding ten years. Before
a municipal corporation passes an ordinance allowing such a
credit, the municipal corporation and the taxpayer shall enter
into an agreement specifying all the conditions of the credit.
Sec. 1561.351. A deputy mine inspector who makes a finding
concerning a
violation of this chapter or Chapter
1563., 1565., or
1567. or section 1509.09, 1509.12, 1509.13,
1509.14, 1509.15,
1509.17, or 1509.18 of the Revised
Code that involves mining
safety shall notify the
chief of the division of mineral resources
management
owner, operator, lessee, agent, and representative of
the miners of the mine involved of the finding. The
owner,
operator, lessee, or agent of the mine involved may request a
review of the inspector's finding by the chief of the division of
mineral resources management. Upon receipt of such a request, the
chief
shall review the
inspector's
finding, make a written
determination regarding it, and
provide a
copy of the written
determination to the owner, operator,
lessee,
or agent of the mine
involved. The chief shall provide a copy of
the
written
determination to any other interested party upon
request.
A person, such as an owner, operator,
lessee, or agent of the
mine or the authorized representative of
the
workers
miners of the
mine,
who has an interest that is or may be
adversely affected by
the
chief's determination
may appeal the determination, not later
than
ten days after receiving
notice of the determination, to the
reclamation commission by filing a copy of the
chief's written
determination with
the
commission,
notwithstanding division
(A)(1) of section 1513.13 of the Revised
Code, which provides for
appeals within thirty days. The
commission shall hear the appeal
in accordance with section
1513.13
of the Revised Code.
Sec. 1565.04. The operator of each mine who is an
employer
as defined in section 4123.01 of the Revised Code, or any mine
with three or more
workers, shall
employ a certified
mine
foreperson.
In gaseous
underground mines, only a holder of a
mine
foreperson
of
gaseous
mines certificate
that
contains a notation
by the
chief of the
division of mineral resources management
showing the
holder to be
at least twenty-three years of age
and
have at least
five years'
actual practical experience in
gaseous
mines shall be
employed as
the mine
foreperson.
In other
underground mines, the mine
foreperson shall be a holder of a
mine
foreperson of
nongaseous
mines certificate
that contains a
notation by the
chief showing
the holder to be at least
twenty-one
years of age and have at
least three years' actual
practical
experience in mines. All such
underground mines shall
have at least
one
certified
foreperson on duty at all
times when
workers are employed in
the loading or mining of coal
underground.
Each active working area of a surface coal mine and each active
surface installation of an underground coal mine shall be examined
for hazardous conditions, at least once during each working shift
or more often if necessary for safety, by a certified mine
foreperson who is designated by the operator to conduct such
examinations. Any hazardous conditions noted during the
examinations shall be reported to the operator and shall be
corrected by the operator. A certified mine foreperson may
conduct the examination that is required during each shift at
multiple mine sites, provided that the sites are within a ten-mile
radius.
No operator of a mine shall refuse or neglect to comply
with
this section.
Sec. 1565.15. (A) As used in this section:
(1) "EMT-basic,"
"EMT-I," "paramedic," and
"emergency
medical service organization" have the same
meanings as in section
4765.01 of the Revised Code.
(2) "First aid
provider" includes an EMT-basic,
an EMT-I,
a
paramedic, or
a supervisory
an employee at a surface coal mine who
has
satisfied the training requirements established in division
(D)(1) of this
section.
(B) The operator of an underground coal mine where twenty or
more persons are employed on a shift, including all persons
working at different locations at the mine within a ten-mile
radius, shall provide at least one
EMT-basic or EMT-I on duty
at
the underground coal mine whenever employees at the mine are
actively engaged in the extraction, production, or preparation of
coal. The
operator shall provide EMTs-basic or
EMTs-I on duty at
the underground coal mine at
times and in numbers sufficient to
ensure that no miner works in a mine location that cannot be
reached within a
reasonable time by an EMT-basic or an EMT-I.
EMTs-basic and EMTs-I shall be employed on their regular
coal
mining duties at locations convenient for quick response to
emergencies in order to
provide emergency medical services inside
the underground coal mine and
transportation of
injured or sick
employees to the entrance of the mine. The operator shall
provide
for the services of at least one emergency medical service
organization to be available on call to reach the
entrance of the
underground coal mine within thirty minutes at
any time that
employees are engaged in the extraction, production, or
preparation of coal in order to provide emergency medical services
and
transportation to a hospital.
The operator shall make available to
EMTs-basic and EMTs-I
all of the equipment for first
aid and emergency medical services
that is necessary for those
personnel to function and to comply
with the regulations pertaining to first
aid and emergency medical
services that are adopted under the "Federal
Mine Safety and
Health Act of 1977," 91 Stat.
1290, 30 U.S.C.A. 801, and
amendments to it. The operator of
the underground coal mine shall
install telephone service or
equivalent facilities that enable
two-way voice communication between the
EMTs-basic or EMTs-I in
the mine and the emergency medical
service organization outside
the mine that provides emergency medical services
on a regular
basis.
(C) The operator of a surface coal mine shall provide at
least one
first aid provider on
duty at the mine whenever
employees at
the mine are actively engaged in the extraction,
production, or preparation of
coal. The operator shall provide
first aid
providers on duty at the surface coal mine at
times and
in numbers sufficient to
ensure that no miner works in a mine
location that cannot be reached within a
reasonable time by a
first aid
provider. First aid providers shall be employed on
their regular
coal mining duties at locations convenient for quick
response to emergencies in order to provide emergency medical
services and transportation of injured or sick employees to the
entrance of
the surface coal mine. The
operator shall provide for
the services of at least one emergency
medical service
organization to be available on call to reach the entrance of
the
surface coal mine within
thirty minutes at any time that employees
are engaged in the
extraction, production, or preparation of coal
in order to
provide
emergency medical services and transportation
to a hospital.
The operator shall
make available to first aid providers
provide at the mine site all of
the equipment for first aid and
emergency medical services that is
necessary for those personnel
to function and to comply with the
regulations pertaining to first
aid and emergency medical services
that are adopted under the
"Federal Mine Safety and Health Act of 1977,"
91 Stat. 1290, 30
U.S.C.A.
801, and amendments to it, including, without limitation,
a
portable oxygen cylinder with a medical regulator and oxygen
delivery system.
(D)(1)
A supervisory
An employee at a surface coal
mine shall
be considered
to be a first aid provider for the purposes of this
section if the
employee has received from an instructor approved
by the
chief of the division of mineral resources
management ten
hours of
initial first aid training as a selected supervisory
employee under 30
C.F.R. 77.1703 and receives five hours of
refresher
first aid training as a selected supervisory employee
under 30
C.F.R. 77.1705 in each subsequent calendar year.
(2) Each miner employed at a surface coal mine who is not a
first
aid provider shall receive from an instructor approved by
the chief three
hours of initial first aid training and two hours
of refresher first aid
training in each subsequent calendar year.
(3) The training received in accordance with division (D) of
this section shall consist of a course of instruction established
in the manual issued by the mine safety and health
administration
in the United
States department of labor entitled "first
aid, a
bureau of mines
instruction manual" or its
successor or any other
curriculum approved by the chief. The training shall
be included
in the hours of instruction provided to
miners in accordance with
training requirements established under 30
C.F.R. part 48, subpart
(B), as amended, and 30 C.F.R. part
77, as amended.
(E) Each operator of a surface coal mine shall establish,
keep
current, and make available for inspection an emergency
medical plan that
includes the telephone numbers of the division
of
mineral resources management and of an
emergency medical
services
organization the services of which are required to be
retained under
division (C) of this section. The chief shall
adopt rules in
accordance with Chapter 119. of the Revised Code
that establish any additional information required to be included
in an
emergency
medical plan.
(F) Each operator of an underground coal mine or
surface
coal mine
shall provide or contract to obtain emergency medical
services
training or first aid training, as applicable, at the
operator's expense, that is sufficient to train and
maintain the
certification of the number of employees necessary
to comply with
division (B) of this section and that is
sufficient to train
employees as required under division (D) of this
section and to
comply with division (C) of this section.
(G) The division may provide emergency medical
services
training for coal mine employees by operating an emergency
medical
services training program accredited under section
4765.17 of the
Revised Code or by contracting with the operator
of an emergency
medical services training program accredited
under that section to
provide that training. The division
may charge coal mine
operators a uniform part
of the unit cost per trainee.
(H) No coal mine operator shall violate or fail to
comply
with this section.
Sec. 1711.11. (A) No person shall operate any concession
at
any fair or exposition conducted by a county or independent
agricultural society or by the Ohio expositions commission
without
first obtaining from the director of agriculture a
license to do
so under division (B) of this section;, nor shall
any officer,
agent, or employee of a county or independent
agricultural society
or of the Ohio expositions commission grant
a privilege or
concession to any person to do so, unless the
person holds a
license.
For the purposes of this section, "concession" means any
show, amusement other than an amusement ride as defined in
division (A) of section 1711.50 of the Revised Code, game, or
novelty stand operation at a fair or exposition, but does not
include food or drink operations.
(B) A license shall be issued by the director only upon a
written application containing a detailed description of the
concession. Blank applications for licenses shall be prepared
and
furnished by the director.
(C) No license shall be issued until the applicant has
paid
a fee of
fifty
seventy dollars to the director, except that no fee
shall be collected from nonprofit organizations which are
recorded
as such by the secretary of state or with the internal
revenue
service. The director shall pay the fee into the state
treasury
to the credit of the amusement ride inspection fund
established by
section 1711.53 of the Revised Code.
(D) A license issued under this section shall contain a
detailed description of the concession licensed, shall expire on
the thirty-first day of December following the date of issue, and
shall be kept by the licensee in a conspicuous place where the
licensee's concession is in operation.
(E)(1) The director shall employ and provide training for
a
chief inspector and additional inspectors and employees as
necessary to administer and enforce this section. The director
may appoint or contract with other persons to perform inspections
of concessions, provided that the persons meet the qualifications
for inspectors established by rules adopted under division (G) of
this section and are not owners or employees of owners of any
concession subject to inspection under this section. No person
shall inspect a concession who, within six months prior to the
date of inspection, was an employee of the owner of the
concession.
(2) Before the director contracts with other persons to
inspect concessions, the director shall seek the advice of the
advisory council on amusement ride
safety on whether to
contract
with
such
those persons.
Such
The advice shall not be binding upon
the
director. After having received the advice of the council
the
director may proceed to contract for amusement ride inspectors
and
award the contract to the lowest responsive and responsible
bidder
in accordance with section 9.312 of the Revised Code. In
order to
determine the lowest responsive and responsible bid, the
director,
with the advice of the council, shall adopt
rules
governing the
terms of the contract between the department of
agriculture and
the inspector. The rules shall prescribe the
training and work
experience required of an inspector, any
insurance or bonds
required of an inspector, and all the services
the inspector will
be required to perform on behalf of the
department in an efficient
professional manner.
(F) This section does not require the officers of any
such
county or independent agricultural
society or of the Ohio
expositions commission to grant any
privilege or concession to any
licensee.
(G) The director shall enforce this section and, in
accordance with Chapter 119. of the Revised Code, adopt all rules
that are necessary for its enforcement. If the director finds
that this section has been violated or that the licensee has been
dishonest or has been fraudulent in dealings with the public,
the
director, in accordance with Chapter 119. of the Revised
Code,
shall revoke the licensee's license or fine the licensee
not more
than one thousand dollars, or both. The director, for a
period
not exceeding two years from the date of revocation, may
refuse to
issue another license to a person for a concession for
which the
person's license has been revoked.
Notwithstanding section
119.12
of the Revised Code, all appeals from any fine by, or
order of,
the director shall be to the court of common pleas of
the county
where the place of business of the person is located
or to the
common pleas court of the county in which the person is
a resident
or in which the concession is located.
(H) Any person holding a license issued under this
section
who permits or tolerates at any place on the fairground
where the
person's concession is in operation, any immoral
show, lottery
device, game of chance, or gambling of any kind, including pool
selling and paddle wheels, or who violates the terms of the
license issued to the person, shall forfeit
the license, and the
director shall not issue any other license to the
person until
after a period of two years from the forfeiture. For the
purposes
of this division, "lottery device," "game of chance,"
and
"gambling of any kind" do not include the sale of lottery
tickets
by the state lottery commission pursuant to Chapter 3770.
of the
Revised Code at the state fairground during the state
fair. For
the purposes of this section and section 1711.09 of
the Revised
Code, contests, games, tournaments, and other
activities, the
outcome of which is predominantly determined by
the skill of the
contestants, participants, or players, whether
or not the
contestants, participants, or players pay a price for
the
opportunity to win a prize, do not constitute a game of
chance or
gambling within the meaning, purpose, and intent of
this section
and section 1711.09 of the Revised Code or sections
2915.01 to
2915.04 of the Revised Code. The foregoing definition
does not
apply where the contest, game, tournament, or other
activity,
contains or includes any mechanical or physical device
which
directly or indirectly impedes, impairs, or thwarts the
skill of
the contestant, participant, or player.
Sec. 1711.53. (A)(1) No person shall operate an amusement
ride within the state without a permit issued by the director of
agriculture under division (A)(2) of this section. The owner of
an amusement ride, whether the ride is a temporary amusement ride
or a permanent amusement ride, who desires to operate the
amusement ride within the state shall, prior to the operation of
the amusement ride and annually thereafter, submit to the
department of agriculture an application for a permit, together
with the appropriate permit and inspection fee, on a form to be
furnished by the department. Prior to issuing any permit the
department shall, within thirty days after the date on which it
receives the application, inspect each amusement ride described
in
the application.
The owner of an amusement ride shall have the
amusement ride ready for inspection not later than two hours after
the time that is requested by the person for the inspection.
(2) For each amusement ride found to comply with the rules
of
adopted by the director
issued under division (B) of this
section and
division (B) of section 1711.551 of the Revised Code,
the
director
shall issue an annual permit, provided that evidence
of
liability
insurance coverage for the amusement ride as required
by section
1711.54 of the Revised Code is on file with the
department.
(3) The director shall issue with each permit a decal
indicating that the amusement ride has been issued the permit.
The
owner of the amusement ride shall affix the decal on the ride
at a
location where the decal is easily visible to the patrons of
the
ride. A copy of the permit shall be kept on file at the same
address as the location of the amusement ride identified on the
permit, and shall be made available for inspection, upon
reasonable demand, by any person. An owner may operate an
amusement ride prior to obtaining a permit, provided that
such
the
operation is for the purpose of testing the amusement ride or
training amusement ride operators and other employees of the
owner
and the amusement ride is not open to the public.
(B) The director, in accordance with Chapter 119. of the
Revised Code, shall adopt rules providing for a schedule of
fines,
with no fine exceeding five thousand dollars, for
violations of
sections 1711.50 to 1711.57 of the Revised Code or
any rules
promulgated pursuant to
adopted under this division and for the
classification
of amusement rides and rules for the safe
operation
and inspection
of all amusement rides as are necessary
for
amusement ride safety
and for the protection of the general
public. Rules adopted by
the director for the safe operation and
inspection of amusement
rides shall be reasonable and based upon
generally accepted
engineering standards and practices. In
adopting rules under this
section, the director may adopt by
reference, in whole or in part,
the national fire code or the
national electrical code prepared by
the national fire protection
association, the standards of ASTM or
the American national
standards institute, or any other
principles, tests, or standards
of nationally recognized technical
or scientific authorities.
Insofar as is practicable and
consistent with sections 1711.50 to
1711.57 of the Revised Code,
rules adopted under this division
shall be consistent with the
rules of other states. The
department shall cause sections
1711.50 to 1711.57 of the Revised
Code and the rules adopted in
accordance with this division and
division (B) of section 1711.551
of the Revised Code to be
published in pamphlet form and a copy to
be furnished without
charge to each owner of an amusement ride who
holds a current
permit or is an applicant therefor.
(C) With respect to an application for a permit for an
amusement ride, an owner may apply to the director
of agriculture
for a waiver or modification of any rule adopted under division
(B) of this section if there are practical difficulties or
unnecessary hardships for the amusement ride to comply with
such
the
rules. Any application
must
shall set forth the reasons for
such
the
request. The director, with the approval of the advisory
council
on amusement ride safety, may waive or modify the
application
of
a
rule to any amusement ride if the public safety
is secure. Any
authorization by the director under this division
shall be in
writing and shall set forth the conditions under which
the waiver
or modification is authorized, and the department shall
retain
separate records of all proceedings under this division.
(D)(1) The director shall employ and provide for training
of
a chief inspector and additional inspectors and employees as
may
be necessary to administer and enforce sections 1711.50 to
1711.57
of the Revised Code. The director may appoint or
contract with
other persons to perform inspections of amusement
rides, provided
that the persons meet the qualifications for
inspectors
established by rules adopted under division (B) of
this section
and are not owners, or employees of owners, of any
amusement ride
subject to inspection under sections 1711.50 to
1711.57 of the
Revised Code. No person shall inspect an
amusement ride who,
within six months prior to the date of
inspection, was an employee
of the owner of the ride.
(2) Before the director contracts with other persons to
inspect amusement rides, the director shall seek the advice of
the
advisory council on amusement ride safety on whether
to
contract
with
such
those persons.
Such
The advice shall not be binding
upon
the
director. After having received the advice of the
council,
the
director may proceed to contract with
inspectors in
accordance
with the procedures specified in
division (E)(2) of section
1711.11 of the
Revised Code.
(3) With the advice and consent of the advisory council
on
amusement ride safety, the director may employ a special
consultant to conduct an independent investigation of an
amusement
ride accident. This consultant need not be in the
civil service
of the state, but shall have qualifications to
conduct the
investigation acceptable to the council.
(E)
The
(1) Except as otherwise provided in division (E)(1)
of this section, the department shall charge
fees for each
the
following amusement
ride
annual permit, annual inspection,
midseason operational
inspection, and any reinspection, as follows
fees:
Permit |
|
$ 50 |
Annual inspection and reinspection
per ride: |
|
|
Kiddie rides |
|
$
50
100 |
|
Roller coaster |
|
$500
950 |
|
Aerial lifts or bungee |
|
|
|
jumping facilities |
|
$300
450 |
|
Go karts |
|
$5 |
|
Other rides |
|
$100
160 |
Midseason operational inspection
per ride |
$
10
25 |
Expedited inspection per ride |
$100 |
Failure to cancel scheduled inspection per ride |
$100 |
Failure to have amusement ride ready for |
|
inspection per ride |
$100 |
The go kart inspection fee is in addition to the inspection
fee for the go kart track.
The fees for an expedited inspection, failure to cancel a
scheduled inspection, and failure to have an amusement ride ready
for inspection do not apply to go karts.
As used in division (E)(1) of this section, "expedited
inspection" means an inspection of an amusement ride by the
department not later than ten days after the owner of the
amusement ride files an application for a permit under this
section.
(2) All
permit fees, inspection fees, reinspection fees, and
fines collected by the department under sections 1711.50 to
1711.57 of the Revised Code shall be deposited in the state
treasury to the credit of the amusement ride inspection fund,
which is hereby created, and shall be used only for the purpose
of
administering and enforcing sections 1711.11 and 1711.50 to
1711.57 of the Revised Code.
(3)
The owner of an amusement ride shall be required to pay a
reinspection fee only if the reinspection was conducted at the
owner's request under division (F) of this section,
or if the
reinspection is required by division (F) of this section because
of an accident, or if the reinspection is required by division
(F)
of section 1711.55 of the Revised Code. If a reinspection is
conducted at the request of the chief officer of a fair,
festival,
or event where the ride is operating, the reinspection
fee shall
be charged to the fair, festival, or event.
(4)
The rules adopted under division (B) of this section
shall
contain definitions of
define "kiddie rides," "roller
coaster," "aerial
lifts,"
"go karts," and "other rides" for
purposes of determining the
fee
fees
under
this division
(E) of
this section. The rules shall define "other rides" to include go
kart tracks.
(F) A reinspection of an amusement ride shall take place
if
an accident occurs, if the owner of the ride or the chief
officer
of the fair, festival, or event where the ride is
operating
requests a reinspection, or if the reinspection is
required by
division (F) of section 1711.55 of the Revised Code.
(G) As a supplement to its annual inspection of a
temporary
amusement ride, the department may inspect the ride
during each
scheduled event, as listed in the schedule of events
provided to
the department by the owner pursuant to division (C)
of section
1711.55 of the Revised Code, at which the ride is
operated in this
state. These supplemental inspections are in
addition to any
other inspection or reinspection of the ride as
may be required
under sections 1711.50 to 1711.57 of the Revised
Code, and the
owner of the temporary amusement ride is not
required to pay an
inspection or reinspection fee for this
supplemental inspection.
Nothing in this division shall be
construed to prohibit the owner
of a temporary amusement ride
having a valid permit to operate in
this state from operating the
ride at a scheduled event before the
department conducts a
supplemental inspection.
(H) The department
shall
may annually conduct a midseason
operational inspection of every amusement ride upon which it
conducts an annual inspection pursuant to division (A) of this
section. The midseason operational inspection is in addition to
any other inspection or reinspection of the amusement ride as may
be required pursuant to sections 1711.50 to 1711.57 of the
Revised
Code. The owner of an amusement ride shall submit to the
department, at the time determined by the department, the
midseason operational inspection fee specified in division (E) of
this section. The director, in accordance with Chapter 119. of
the Revised Code, shall adopt rules specifying the time period
during which the department
shall
will conduct midseason
operational
inspections.
Sec. 2113.031. (A) As used in this section:
(1) "Financial institution" has the same meaning as in
section 5725.01 of the Revised
Code. "Financial institution"
also
includes a credit union and a fiduciary that is not a trust
company but that does trust business.
(2) "Funeral and burial expenses" means whichever of the
following applies:
(a) The funeral and burial expenses
of the decedent that are
included in the bill of a funeral
director;
(b) The funeral expenses of the
decedent that are not
included in the bill of a funeral director
and that have been
approved by the probate court;
(c) The funeral and burial expenses
of the decedent that are
described in divisions
(A)(2)(a) and (b) of this section.
(3) "Surviving spouse" means either of the following:
(a) The surviving spouse of a
decedent who died leaving the
surviving spouse and no minor
children;
(b) The surviving spouse of a decedent who died
leaving the
surviving spouse and minor children, all of whom are
children of
the decedent and the surviving spouse.
(B)(1) If the value of
the assets of the decedent's estate
does not exceed the lesser
of two thousand dollars or the amount
of the decedent's funeral
and burial expenses, any person who is
not a surviving spouse
and who has paid or is obligated in writing
to pay the
decedent's funeral and burial expenses may apply to the
probate
court for an order granting a summary release from
administration in accordance with this section.
(2) If either of the following applies, the decedent's
surviving spouse may apply to the probate court for an order
granting a summary release from administration in
accordance with
this section:
(a) The decedent's funeral and burial
expenses have been
prepaid, and the value of the assets of the
decedent's estate does
not exceed the total of the following
items:
(i) The allowance for
support that is made under division
(A) of section 2106.13 of the
Revised Code to the surviving spouse
and, if applicable, to the decedent's minor children and that
is
distributable in accordance with division
(B)(1) or (2) of that
section;
(ii) An amount, not exceeding two
thousand dollars, for the
decedent's funeral and burial expenses
referred to in division
(A)(2)(c) of this
section.
(b) The decedent's funeral and burial
expenses have not been
prepaid, the decedent's surviving spouse
has paid or is obligated
in writing to pay the decedent's
funeral and burial expenses, and
the value of the assets of the
decedent's estate does not exceed
the total of the items
referred to in divisions (B)(2)(a)(i)
and
(ii) of this section.
(C) A probate court
shall order a summary release from
administration
in connection with a decedent's estate only if the
court finds
that all of the following are satisfied:
(1) A person described in division
(B)(1) of this section is
the
applicant for a summary release from
administration, and the
value of the assets of the decedent's
estate does not exceed the
lesser of two thousand dollars or the
amount of the decedent's
funeral and burial expenses, or
the applicant for a summary
release from administration is the decedent's
surviving spouse,
and the circumstances described in division
(B)(2)(a) or (b) of
this section apply.
(2) The application for a summary release from
administration does all of
the following:
(a) Describes all assets of the
decedent's estate that are
known to the
applicant;
(b) Is in the form that the supreme
court prescribes
pursuant to its powers of superintendence under
Section 5 of
Article IV, Ohio
Constitution, and is consistent
with the
requirements of this division;
(c) Has been signed and acknowledged by the
applicant in the
presence of a notary public or a deputy clerk
of the probate
court;
(d) Sets forth the following
information if the decedent's
estate includes a described type
of asset:
(i) If the decedent's estate includes a motor
vehicle, the
motor vehicle's year, make, model,
body type, manufacturer's
vehicle identification number,
certificate of title number, and
date of death value;
(ii) If the decedent's estate
includes an account maintained
by a financial institution, that
institution's name and the
account's complete identifying number
and date of death balance;
(iii) If the decedent's estate includes one or
more shares
of stock or bonds, the total number of the shares
and bonds and
their total date of death value and, for each
share or bond, its
serial number, the name of its issuer, its
date of death value,
and, if any, the
name and address of its transfer agent.
(3) The application for a summary release from
administration is
accompanied by all of the following that apply:
(a) A receipt, contract, or other document that
confirms the
applicant's payment or obligation to pay the
decedent's funeral
and burial expenses or, if applicable in the
case of the
decedent's surviving spouse, the prepayment of the
decedent's
funeral and burial expenses;
(b) An application for a
certificate of transfer as
described in section 2113.61 of the
Revised Code, if an interest
in real
property is included in the assets of the decedent's
estate;
(c) The fee required by division
(A)(59) of section 2101.16
of
the Revised Code.
(4) At the time of its determination on the application,
there are no
pending proceedings for
the administration of the
decedent's estate and no
pending proceedings for relief of the
decedent's estate from
administration under section 2113.03 of the
Revised Code.
(5) At the time of its determination on the
application,
there are no known assets of the decedent's estate
other than the
assets described in the application.
(D) If the probate court
determines that the requirements of
division
(C) of this section are
satisfied, the probate court
shall issue an order that grants a
summary release from
administration in connection
with the decedent's estate. The
order has, and shall specify
that it has, all of the following
effects:
(1) It relieves the decedent's estate from
administration.
(2) It directs the delivery to the applicant of the
decedent's personal property together with the title to that
property.
(3) It directs the transfer to the applicant of the title
to
any interests in real property included in the decedent's
estate.
(4)
It eliminates the duty of all persons to file an
estate
tax return and certificate under division
(A) of section 5731.21
of the
Revised Code in connection
with the decedent's estate.
(5) It eliminates the need for a financial institution,
corporation, or other entity or person referred to in any
provision of
divisions (A)
to (F) of section 5731.39 of the
Revised Code to obtain, as otherwise would be required by
any of
those divisions, the written consent of the tax commissioner prior
to
the delivery, transfer, or payment to the applicant of an asset
of the
decedent's estate.
(E) A certified copy of
an order that grants a summary
release from administration
together with a certified copy of the
application for that order
constitutes sufficient authority for a
financial institution,
corporation, or other entity or person
referred to in divisions (A)
to (F) of section 5731.39 of the
Revised Code or for a
clerk of a court of common pleas to transfer
title to an asset of the
decedent's estate to the applicant for
the summary release from
administration.
(F) This section does
not affect the ability of qualified
persons to file an
application to relieve an estate from
administration under
section 2113.03 of the Revised
Code or to
file an application
for the grant of letters testamentary or
letters of
administration in connection with the decedent's
estate.
Sec. 2901.01. (A) As used in the Revised Code:
(1) "Force" means any violence, compulsion, or constraint
physically exerted by any means upon or against a person or
thing.
(2) "Deadly force" means any force that carries a
substantial risk that it will proximately result in the death of
any person.
(3) "Physical harm to persons" means any injury, illness,
or
other physiological impairment, regardless of its gravity or
duration.
(4) "Physical harm to property" means any tangible or
intangible damage to property that, in any degree, results in
loss
to its value or interferes with its use or enjoyment.
"Physical
harm to property" does not include wear and tear
occasioned by
normal use.
(5) "Serious physical harm to persons" means any of the
following:
(a) Any mental illness or condition of such gravity as
would
normally require hospitalization or prolonged psychiatric
treatment;
(b) Any physical harm that carries a substantial risk of
death;
(c) Any physical harm that involves some permanent
incapacity, whether partial or total, or that involves some
temporary, substantial incapacity;
(d) Any physical harm that involves some permanent
disfigurement or that involves some temporary, serious
disfigurement;
(e) Any physical harm that involves acute pain of such
duration as to result in substantial suffering or that involves
any degree of prolonged or intractable pain.
(6) "Serious physical harm to property" means any physical
harm to property that does either of the following:
(a) Results in substantial loss to the value of the
property
or requires a substantial amount of time, effort, or
money to
repair or replace;
(b) Temporarily prevents the use or enjoyment of the
property or substantially interferes with its use or enjoyment
for
an extended period of time.
(7) "Risk" means a significant possibility, as contrasted
with a remote possibility, that a certain result may occur or
that
certain circumstances may exist.
(8) "Substantial risk" means a strong possibility, as
contrasted with a remote or significant possibility, that a
certain result may occur or that certain circumstances may exist.
(9) "Offense of violence" means any of the following:
(a) A violation of section 2903.01, 2903.02, 2903.03,
2903.04, 2903.11, 2903.12, 2903.13, 2903.15, 2903.21, 2903.211,
2903.22,
2905.01, 2905.02, 2905.11, 2907.02, 2907.03, 2907.05,
2909.02, 2909.03,
2909.24,
2911.01, 2911.02, 2911.11, 2917.01,
2917.02, 2917.03, 2917.31,
2919.25, 2921.03, 2921.04, 2921.34, or
2923.161, of division (A)(1), (2), or
(3) of section 2911.12, or
of division (B)(1), (2), (3), or (4) of section
2919.22 of the
Revised Code or felonious sexual penetration in violation of
former section 2907.12 of the Revised Code;
(b) A violation of an existing or former municipal
ordinance
or law of this or any other state or the United States,
substantially equivalent to any section, division, or
offense
listed in division (A)(9)(a) of this section;
(c) An offense, other than a traffic offense, under an
existing or former municipal ordinance or law of this or any
other
state or the United States, committed purposely or
knowingly, and
involving physical harm to persons or a risk of
serious physical
harm to persons;
(d) A conspiracy or attempt to commit, or complicity in
committing, any offense under division (A)(9)(a),
(b), or (c) of
this section.
(10)(a) "Property" means any property, real or
personal,
tangible or intangible, and any interest or license in
that
property. "Property" includes, but is not limited to, cable
television service, other telecommunications service,
telecommunications devices, information service, computers, data,
computer software, financial
instruments associated with
computers, other documents
associated with computers, or copies of
the documents, whether in
machine or human readable form, trade
secrets, trademarks,
copyrights, patents, and property protected
by a trademark, copyright, or
patent. "Financial instruments
associated with computers" include, but are not limited to,
checks, drafts, warrants, money orders, notes of indebtedness,
certificates of deposit, letters of credit, bills of credit or
debit cards, financial transaction authorization mechanisms,
marketable securities, or any computer system representations of
any of them.
(b) As used in division (A)(10)
of this section, "trade
secret" has the same meaning as in section 1333.61
of the Revised
Code, and "telecommunications service" and
"information
service"
have the same
meanings as in section 2913.01 of the Revised Code.
(c) As used in divisions (A)(10) and (13) of
this section,
"cable television service," "computer," "computer
software,"
"computer system," "computer network," "data,"
and
"telecommunications device" have the same
meanings as in section
2913.01 of the Revised Code.
(11) "Law enforcement officer" means any of the following:
(a) A sheriff, deputy sheriff, constable, police officer
of
a township or joint township police district, marshal, deputy
marshal, municipal police officer, member of a police force
employed by a metropolitan housing authority under division (D)
of
section 3735.31 of the Revised Code, or state highway patrol
trooper;
(b) An officer, agent, or employee of the state or any of
its agencies, instrumentalities, or political subdivisions, upon
whom, by statute, a duty to conserve the peace or to enforce all
or certain laws is imposed and the authority to arrest violators
is conferred, within the limits of that statutory duty and
authority;
(c) A mayor, in the mayor's capacity as chief conservator of
the
peace within the mayor's municipal corporation;
(d) A member of an auxiliary police force organized by
county, township, or municipal law enforcement authorities,
within
the scope of the member's appointment or commission;
(e) A person lawfully called pursuant to section 311.07 of
the Revised Code to aid a sheriff in keeping the peace, for the
purposes and during the time when the person is called;
(f) A person appointed by a mayor pursuant to section
737.01
of the Revised Code as a special patrolling
officer during riot or
emergency, for the purposes and during the time when
the person is
appointed;
(g) A member of the organized militia of this state or the
armed forces of the United States, lawfully called to duty to aid
civil authorities in keeping the peace or protect against
domestic
violence;
(h) A prosecuting attorney, assistant prosecuting
attorney,
secret service officer, or municipal prosecutor;
(i)
An Ohio
A veterans' home police officer appointed under
section 5907.02 of the Revised Code;
(j) A member of a police force employed by a regional
transit authority under division (Y) of section 306.35 of the
Revised Code;
(k) A special police officer employed by a port authority
under
section 4582.04 or 4582.28 of the Revised Code;
(l) The house sergeant at arms if the house sergeant at arms
has
arrest authority pursuant to division (E)(1) of section
101.311 of the Revised Code
and an assistant house sergeant at
arms.
(12) "Privilege" means an immunity, license, or right
conferred by law, bestowed by express or implied grant,
arising
out of status, position, office, or relationship, or
growing out
of necessity.
(13) "Contraband" means any property described in the
following categories:
(a) Property that in and of itself is unlawful for a
person
to acquire or possess;
(b) Property that is not in and of itself unlawful for a
person to acquire or possess, but that has been determined by a
court of this state, in accordance with law, to be contraband
because of its use in an unlawful activity or manner, of its
nature, or of the circumstances of the person who acquires or
possesses it, including, but not limited to, goods and personal
property described in division (D) of section 2913.34 of the
Revised Code;
(c) Property that is specifically stated to be contraband
by
a section of the Revised Code or by an ordinance, regulation,
or
resolution;
(d) Property that is forfeitable pursuant to a section of
the Revised Code, or an ordinance, regulation, or resolution,
including, but not limited to, forfeitable firearms, dangerous
ordnance, obscene materials, and goods and personal
property
described in division (D) of section 2913.34 of the Revised Code;
(e) Any controlled substance, as defined in section
3719.01
of the Revised Code, or any device, paraphernalia, money
as
defined in section 1301.01 of the Revised Code, or other means
of
exchange that has been, is being, or is intended to be used in
an
attempt or conspiracy to violate, or in a violation of,
Chapter
2925. or 3719. of the Revised Code;
(f) Any gambling device, paraphernalia, money as defined
in
section 1301.01 of the Revised Code, or other means of
exchange
that has been, is being, or is intended to be used in an
attempt
or conspiracy to violate, or in the violation of, Chapter
2915. of
the Revised Code;
(g) Any equipment, machine, device, apparatus, vehicle,
vessel, container, liquid, or substance that has been, is being,
or is intended to be used in an attempt or conspiracy to violate,
or in the violation of, any law of this state relating to alcohol
or tobacco;
(h) Any personal property that has been, is being, or is
intended to be used in an attempt or conspiracy to commit, or in
the commission of, any offense or in the transportation of the
fruits of any offense;
(i) Any property that is acquired through the sale or
other
transfer of contraband or through the proceeds of
contraband,
other than by a court or a law enforcement agency
acting within
the scope of its duties;
(j) Any computer, computer system, computer network,
computer software, or other telecommunications device that is
used
in a conspiracy to commit, an
attempt to commit, or the commission
of any offense, if the
owner of the computer, computer system,
computer network, computer
software, or other telecommunications
device is convicted of or
pleads guilty to the offense in which it
is used;
(k) Any property that is material support or resources and
that has been, is being, or is intended to be used in an attempt
or conspiracy to violate, or in the violation of, section 2909.22,
2909.23, or 2909.24 of the Revised Code or of section 2921.32 of
the Revised Code when the offense or act committed by the person
aided or to be aided as described in that section is an act of
terrorism. As used in division (A)(13)(k) of this section,
"material support or
resources" and "act of terrorism" have the
same meanings as in
section 2909.21 of the Revised Code.
(14) A person is "not guilty by reason of insanity"
relative
to a charge of an offense only if the person proves, in the
manner
specified in section 2901.05 of the Revised Code, that at
the time
of the commission of the offense, the person did not know, as a
result of a severe mental disease or defect, the wrongfulness of
the person's acts.
(B)(1)(a) Subject to division (B)(2) of this section,
as
used in any section contained in Title XXIX
of the Revised Code
that sets forth a criminal offense,
"person" includes all of the
following:
(i) An individual, corporation, business trust, estate,
trust,
partnership, and association;
(ii) An unborn human who is viable.
(b) As used in any section contained in Title
XXIX of the
Revised Code that does not set forth a
criminal offense, "person"
includes an individual, corporation, business
trust, estate,
trust, partnership, and association.
(c) As used in division (B)(1)(a) of this section:
(i) "Unborn human" means an individual organism of the
species
Homo sapiens from fertilization until live birth.
(ii) "Viable" means the stage of development of
a human
fetus at which there is a realistic possibility of maintaining and
nourishing of a life outside the womb with or without temporary
artificial
life-sustaining support.
(2) Notwithstanding division (B)(1)(a) of this section, in
no case
shall the portion of the definition of the term "person"
that is set forth in
division (B)(1)(a)(ii) of this section be
applied or construed in any section contained in Title XXIX of the
Revised
Code that sets forth a criminal offense in any of the
following manners:
(a) Except as otherwise provided in division (B)(2)(a) of
this section, in a
manner so that the offense prohibits or is
construed as
prohibiting any pregnant woman or her physician from
performing an abortion
with the consent of the pregnant woman,
with the consent of the pregnant
woman implied by law in a medical
emergency, or with the approval of one
otherwise authorized by law
to consent to medical treatment on behalf of the
pregnant woman.
An abortion that violates the conditions described in the
immediately preceding sentence may be punished as a violation of
section
2903.01, 2903.02, 2903.03, 2903.04, 2903.05, 2903.06,
2903.08,
2903.11, 2903.12, 2903.13, 2903.14, 2903.21, or 2903.22
of the Revised Code,
as applicable. An abortion that does not
violate the conditions
described in the second immediately
preceding sentence, but that does violate
section 2919.12,
division (B) of section 2919.13, or section 2919.151,
2919.17, or
2919.18 of the Revised Code, may be punished as a violation of
section 2919.12, division (B) of section 2919.13, or
section
2919.151, 2919.17, or 2919.18 of the Revised Code, as
applicable.
Consent is sufficient under this division if it is of the type
otherwise adequate to permit medical treatment to the pregnant
woman, even if
it does not comply with section 2919.12 of the
Revised Code.
(b) In a manner so that the offense is applied or
is
construed as applying to a woman based on an act or omission of
the woman
that occurs while she is or was pregnant and that
results in any of the
following:
(i) Her delivery of a stillborn baby;
(ii) Her causing, in any other manner, the death in
utero of
a viable, unborn human that she is carrying;
(iii) Her causing the death of her child who is born
alive
but who dies from one or more injuries that are sustained while
the
child is a viable, unborn human;
(iv) Her causing her child who is born alive to
sustain one
or more injuries while the child is a viable, unborn human;
(v) Her causing, threatening to cause, or attempting
to
cause, in any other manner, an injury, illness, or other
physiological
impairment, regardless of its duration or gravity,
or a mental illness or
condition, regardless of its duration or
gravity, to a viable, unborn human
that she is carrying.
(C) As used in Title XXIX of the Revised Code:
(1) "School safety zone"
consists of a school, school
building, school premises, school
activity, and school bus.
(2) "School," "school building," and "school premises" have
the same
meanings as in section 2925.01 of the Revised Code.
(3) "School activity" means any activity held under the
auspices of a board of education of a city, local,
exempted
village, joint vocational, or cooperative education
school
district, a governing board of an educational service center,
or
the governing body of a school for which the
state board of
education prescribes minimum standards under
section 3301.07 of
the Revised
Code.
(4) "School bus" has the same meaning as in section
4511.01
of the Revised
Code.
Sec. 2921.51. (A) As used in this section:
(1) "Peace officer" means a sheriff, deputy sheriff,
marshal, deputy marshal, member of the organized police
department
of a municipal corporation, or township constable, who
is employed
by a political subdivision of this state, a member of
a police
force employed by a metropolitan housing authority under
division
(D) of section 3735.31 of the Revised Code,
a member of a police
force employed by a regional transit authority under
division (Y)
of section 306.35 of the Revised Code, a state
university law
enforcement officer appointed under section
3345.04 of the Revised
Code,
an Ohio
a veterans' home police officer
appointed under
section 5907.02 of the Revised Code, a special police
officer
employed by a port authority under section 4582.04 or 4582.28
of
the Revised Code, or a state
highway patrol trooper and whose
primary duties are to preserve
the peace, to protect life and
property, and to enforce the laws,
ordinances, or rules of the
state or any of its political
subdivisions.
(2) "Private police officer" means any security
guard,
special
police officer, private detective, or other person who
is
privately
employed in a police capacity.
(3) "Impersonate" means to act the part of, assume the
identity of, wear the uniform or any part of the uniform of, or
display the identification of a particular person or of a member
of a class of persons with purpose to make another person believe
that the actor is that particular person or is a member of that
class of persons.
(B) No person shall impersonate a peace officer or a
private
police officer.
(C) No person, by impersonating a peace officer or a
private
police officer, shall arrest or detain any person, search any
person, or search the property of any person.
(D) No person, with purpose to commit or facilitate the
commission of an offense, shall impersonate a peace officer, a
private police officer, or an officer, agent, or employee of the
state.
(E) No person shall commit a felony while impersonating a
peace officer, a private police officer, or an officer, agent, or
employee of the state.
(F) It is an affirmative defense to a charge under
division
(B) of this section that the impersonation of the peace
officer
was for a lawful purpose.
(G) Whoever violates division (B) of this section is
guilty
of a misdemeanor of the fourth degree. Whoever violates
division
(C) or (D) of this section is guilty of a misdemeanor of
the first
degree. If the purpose of a violation of division (D)
of this
section is to commit or facilitate the commission of a
felony, a
violation of division (D) is a felony of the
fourth degree.
Whoever violates division (E) of this section is guilty
of a
felony of the third degree.
Sec. 2935.01. As used in this chapter:
(A) "Magistrate" has the same meaning as in section
2931.01
of the Revised Code.
(B) "Peace officer" includes, except as provided in section
2935.081 of the Revised Code, a sheriff; deputy
sheriff;
marshal;
deputy marshal; member of the organized
police
department of any
municipal corporation, including a member of
the organized police
department of a municipal corporation in an
adjoining state
serving in Ohio under a contract pursuant to
section 737.04 of the
Revised Code; member of a police force
employed by a metropolitan
housing authority under division (D)
of section 3735.31 of the
Revised Code; member of a police
force employed by a
regional
transit authority under division (Y) of section 306.05 of the
Revised
Code; state university law
enforcement officer appointed
under section 3345.04 of the
Revised Code; enforcement agent of
the department of
public safety designated under section 5502.14
of the Revised Code; employee of the department of taxation to
whom investigation powers have been delegated under section
5743.45 of the Revised Code; employee of the
department of natural
resources who is a natural resources law enforcement
staff officer
designated pursuant to section 1501.013 of the Revised Code, a
forest officer designated pursuant to section
1503.29 of the
Revised Code, a preserve officer designated pursuant to section
1517.10 of the Revised Code, a wildlife officer designated
pursuant to section
1531.13 of the Revised Code, a park officer
designated pursuant to section
1541.10 of the Revised Code, or a
state
watercraft officer designated pursuant to
section 1547.521
of the Revised
Code; individual designated to perform law
enforcement duties under
section 511.232, 1545.13, or 6101.75 of
the Revised Code;
Ohio veterans' home
police officer appointed
under
section 5907.02 of the Revised Code; special police officer
employed by a port
authority under section 4582.04 or 4582.28 of
the Revised Code; police
constable of any
township; police
officer of a township or joint township
police
district; the house
sergeant at arms if the house sergeant at arms has
arrest
authority pursuant to division (E)(1) of section 101.311 of the
Revised Code;
and an assistant house sergeant at arms;
officer or
employee of the bureau of criminal identification and
investigation established pursuant to section 109.51 of the
Revised Code who has been awarded a certificate by the executive
director of the Ohio peace officer training commission attesting
to the officer's or employee's satisfactory completion of an
approved state, county, municipal, or department of natural
resources peace officer basic training program and who is
providing
assistance upon request to a law enforcement officer or
emergency assistance to
a peace officer pursuant to section
109.54
or 109.541 of the Revised Code; and, for the purpose of
arrests
within
those areas,
and
for the purposes of Chapter 5503. of the
Revised
Code, and the
filing of and service of process relating to
those
offenses
witnessed or investigated by them, includes the
superintendent
and troopers of the state highway patrol.
(C) "Prosecutor" includes the county prosecuting attorney
and
any assistant prosecutor designated to assist the county
prosecuting attorney,
and, in the
case of courts inferior to
courts of common pleas, includes the
village solicitor, city
director of law, or similar chief legal
officer of a municipal
corporation, any such officer's assistants, or any
attorney
designated by the prosecuting attorney of
the county to
appear for
the prosecution of a given case.
(D) "Offense," except where the context specifically
indicates otherwise, includes felonies, misdemeanors, and
violations of ordinances of municipal corporations and other
public bodies authorized by law to adopt penal regulations.
Sec. 2935.03. (A)(1) A sheriff, deputy sheriff, marshal,
deputy marshal, municipal police officer, township constable,
police officer of a township or joint township police district,
member of a police force employed by a metropolitan housing
authority under division (D) of section 3735.31 of the Revised
Code, member of a police force employed by a regional transit
authority
under division (Y) of section 306.35 of the Revised
Code, state university law enforcement officer appointed
under
section 3345.04 of the Revised Code,
Ohio veterans' home
police
officer appointed under section 5907.02 of the Revised Code,
or
special police officer employed by a port authority under section
4582.04 or 4582.28 of the Revised Code shall
arrest and detain,
until a warrant can be obtained, a
person found violating, within
the limits of the political
subdivision, metropolitan housing
authority housing project, regional
transit authority facilities
or areas of a municipal corporation that
have been agreed to by a
regional transit authority and a municipal
corporation located
within its territorial
jurisdiction, college,
university,
Ohio
veterans' home
operated under Chapter 5907. of the Revised Code,
or port authority in
which the peace
officer is
appointed,
employed, or elected, a law of this state,
an ordinance
of a
municipal corporation, or a resolution of a
township.
(2) A peace officer
of the department of natural resources
or an individual
designated to perform law enforcement duties
under section
511.232, 1545.13, or 6101.75 of the Revised
Code
shall arrest and detain,
until a warrant can be obtained, a person
found violating,
within the limits of the peace officer's or
individual's
territorial jurisdiction, a law of this state.
(3) The house sergeant at arms if the house sergeant at arms
has
arrest authority pursuant to division (E)(1) of section
101.311 of the Revised Code
and an assistant house sergeant at
arms shall arrest and detain, until a
warrant can be obtained, a
person found violating, within the limits of the
sergeant at
arm's
arms's or assistant sergeant at
arm's
arms's territorial
jurisdiction
specified in division (D)(1)(a) of section 101.311
of
the Revised Code or
while providing security pursuant to division
(D)(1)(f)
of section 101.311 of the Revised Code, a
law of this
state, an ordinance of a municipal corporation, or a resolution of
a township.
(B)(1) When there is reasonable ground to believe that an
offense of violence, the offense of criminal child enticement as
defined in section 2905.05 of the Revised Code, the offense of
public indecency as defined in section 2907.09 of the Revised
Code, the offense of domestic violence as defined in section
2919.25 of the Revised Code, the offense of violating a protection
order as
defined in section 2919.27 of the Revised Code, the
offense of menacing by stalking
as defined in section 2903.211 of
the Revised Code, the offense
of aggravated trespass as defined in
section 2911.211 of the
Revised Code, a theft offense as defined
in section 2913.01 of
the Revised Code, or a felony drug abuse
offense as defined in
section 2925.01 of the Revised Code, has
been committed within
the limits of the political subdivision,
metropolitan housing
authority housing project,
regional
transit
authority facilities or those areas of a municipal corporation
that have
been agreed to by a regional transit authority and a
municipal corporation
located within its territorial jurisdiction,
college, university,
Ohio veterans' home
operated under Chapter
5907. of the Revised Code, or port authority in
which the peace
officer is appointed, employed, or
elected or
within the limits of
the territorial jurisdiction of the peace
officer, a peace officer
described in division
(A) of this section
may arrest and detain
until a
warrant can be obtained any person
who the peace officer
has reasonable cause to believe is guilty of
the violation.
(2) For purposes of division (B)(1) of this section, the
execution of any of the following constitutes reasonable ground
to
believe that the offense alleged in the statement was
committed
and reasonable cause to believe that the person alleged
in the
statement to have committed the offense is guilty of the
violation:
(a) A written statement by a person alleging that an
alleged
offender has committed the offense of menacing by
stalking or
aggravated trespass;
(b) A written statement by the administrator of the
interstate compact on mental health appointed under section
5119.51 of the Revised Code alleging that a person who had been
hospitalized, institutionalized, or confined in any facility
under
an order made pursuant to or under authority of section
2945.37,
2945.371, 2945.38, 2945.39, 2945.40,
2945.401, or 2945.402 of the
Revised
Code has escaped from the facility, from confinement in a
vehicle
for transportation to or from the facility, or from
supervision
by an employee of the facility that is incidental to
hospitalization, institutionalization, or confinement in the
facility and that occurs outside of the facility, in violation of
section 2921.34 of the Revised Code;
(c) A written statement by the
administrator of any facility
in which a person has been
hospitalized, institutionalized, or
confined under an order made
pursuant to or under authority of
section 2945.37, 2945.371,
2945.38, 2945.39, 2945.40, 2945.401, or
2945.402 of the Revised Code alleging that
the person has escaped
from the facility, from confinement in a
vehicle for
transportation to or from the facility, or from
supervision by an
employee of the facility that is incidental to
hospitalization,
institutionalization, or confinement in the
facility and that
occurs outside of the facility, in violation of
section 2921.34 of
the Revised Code.
(3)(a) For purposes of division (B)(1)
of this section, a
peace officer described in division
(A) of this section has
reasonable grounds to believe that the offense of domestic
violence or the offense of violating a protection order has been
committed and
reasonable cause to
believe that a particular person
is guilty of committing the
offense if any of the following
occurs:
(i) A person executes a written statement
alleging that the
person in question has committed the offense of
domestic violence
or the offense of violating a protection order
against the person
who executes the
statement or against a child of the person who
executes the
statement.
(ii) No written statement of the type described
in division
(B)(3)(a)(i) of this
section is executed, but the peace officer,
based upon the peace
officer's own knowledge and observation of
the facts and circumstances of
the alleged incident of the offense
of domestic violence or the
alleged incident of the offense of
violating a protection order
or based upon any other information,
including, but not limited to, any reasonably trustworthy
information given to the peace officer by the alleged victim
of
the alleged incident of the offense or any witness of the alleged
incident
of the offense, concludes that there are reasonable
grounds to
believe that the offense of domestic violence or the
offense of
violating a protection order has been
committed and
reasonable cause to believe that the person in
question is guilty
of committing the offense.
(iii) No written statement of the type
described in division
(B)(3)(a)(i)
of this section is executed, but the peace officer
witnessed
the person in question commit the offense of domestic
violence or
the offense of violating a protection order.
(b) If pursuant to division
(B)(3)(a) of this section a
peace officer has
reasonable grounds to believe that the offense
of domestic
violence or the offense of violating a protection
order has been committed and
reasonable cause to
believe that a
particular person is guilty of committing the
offense, it is the
preferred course of action in this state that
the officer arrest
and detain that person pursuant to division
(B)(1) of this section
until a warrant can be obtained.
If pursuant to division (B)(3)(a)
of this section a peace
officer has reasonable grounds to
believe that the offense of
domestic violence or the offense of
violating a protection order
has been
committed and reasonable cause to believe that family or
household members have committed the offense against each other,
it is the preferred course of action in this state that the
officer, pursuant to division (B)(1) of this section,
arrest and
detain until a warrant can be obtained the family or
household
member who committed the offense and whom the officer
has
reasonable cause to believe is the primary physical
aggressor.
There is no preferred course of action in this state
regarding any
other family or household member who committed the
offense and
whom the officer does not have reasonable cause to
believe is the
primary physical aggressor, but, pursuant to
division (B)(1) of
this section, the peace officer may
arrest and detain until a
warrant can be obtained any other
family or household member who
committed the offense and whom the
officer does not have
reasonable cause to believe is the primary
physical aggressor.
(c) If a peace officer described in division
(A) of this
section does not arrest and detain a
person whom the officer has
reasonable cause to believe committed
the offense of domestic
violence or the offense of violating a
protection order when it is
the preferred
course of action in this state pursuant to division
(B)(3)(b) of this section that the officer
arrest that person, the
officer shall articulate in the
written report of the incident
required by section 2935.032 of the
Revised Code a clear statement
of the officer's reasons for not
arresting and detaining that
person until a warrant can be obtained.
(d) In determining for purposes of division
(B)(3)(b) of
this section which family or
household member is the primary
physical aggressor in a situation
in which family or household
members have committed the offense
of domestic violence or the
offense of violating a protection
order against each other, a
peace officer
described in division (A) of this section, in
addition
to any other relevant circumstances, should consider all
of the
following:
(i) Any history of domestic violence or of any
other violent
acts by either person involved in the alleged
offense that the
officer reasonably can ascertain;
(ii) If violence is alleged, whether the alleged
violence
was caused by
a person acting in self-defense;
(iii) Each person's fear of physical harm, if
any, resulting
from the other person's threatened use of force
against any person
or resulting from the other person's use or
history of the use of
force against any person, and the
reasonableness of that fear;
(iv) The comparative severity of any injuries
suffered by
the persons involved in the alleged offense.
(e)(i) A peace officer described in
division (A) of this
section shall not require, as a
prerequisite to arresting or
charging a person who has committed
the offense of domestic
violence or the offense of violating a
protection order, that the
victim of the
offense specifically consent to the filing of
charges against the
person who has committed the offense or sign a
complaint against
the person who has committed the offense.
(ii) If a person is arrested for or charged
with committing
the offense of domestic violence or the offense
of violating a
protection order and if the
victim of the offense does not
cooperate with the involved law
enforcement or prosecuting
authorities in the prosecution of the
offense or, subsequent to
the arrest or the filing of the
charges, informs the involved law
enforcement or prosecuting
authorities that the victim does not
wish the prosecution of the
offense to continue or wishes to drop
charges against the alleged
offender relative to the offense, the
involved prosecuting
authorities, in determining whether to
continue with the
prosecution of the offense or whether to dismiss
charges against
the alleged offender relative to the offense and
notwithstanding
the victim's failure to cooperate or the victim's
wishes, shall
consider all facts and circumstances that are
relevant to the
offense, including, but not limited to, the
statements and
observations of the peace officers who responded to
the incident
that resulted in the arrest or filing of the charges
and of all
witnesses to that incident.
(f) In determining pursuant to divisions (B)(3)(a) to (g) of
this section
whether to arrest a person pursuant to division
(B)(1) of
this section, a peace officer described in division
(A)
of this section shall not consider as a factor any
possible
shortage of cell space at the detention facility to
which the
person will be taken subsequent to the person's
arrest or any
possibility that the person's arrest might cause, contribute to,
or exacerbate overcrowding at that detention facility or at any
other
detention facility.
(g) If a peace officer described in division (A) of
this
section intends
pursuant to
divisions (B)(3)(a) to (g) of this
section to arrest a person pursuant to
division (B)(1) of this
section and if the officer is
unable to
do so because the person
is not present, the officer promptly shall seek a
warrant for the
arrest of the person.
(h) If a peace officer described in division
(A) of this
section responds to a report of an alleged
incident of the offense
of domestic violence or an alleged
incident of the offense of
violating a
protection order and if the circumstances
of the
incident
involved the use or threatened use of a deadly weapon or
any
person involved in the incident brandished a deadly weapon
during
or in relation to the incident, the deadly weapon that was
used,
threatened to be used, or brandished constitutes contraband,
and,
to the extent possible, the officer shall seize the deadly
weapon
as contraband pursuant to section 2933.43 of the Revised
Code. Upon the seizure of a deadly weapon pursuant to
division
(B)(3)(h) of this section, section
2933.43 of the Revised
Code
shall apply regarding the treatment and disposition
of the deadly
weapon. For purposes of that section, the
"underlying criminal
offense" that was the basis of the
seizure of a deadly weapon
under division (B)(3)(h) of
this section and to which the
deadly
weapon had a relationship is any of the following that is
applicable:
(i) The alleged incident of the offense of
domestic violence
or the alleged incident of the offense of
violating a protection
order to which the
officer who seized the deadly weapon responded;
(ii) Any offense that arose out of the same
facts and
circumstances as the report of the alleged incident of
the offense
of domestic violence or the alleged incident of the
offense of
violating a protection order to
which the officer who seized the
deadly weapon responded.
(4) If, in the circumstances described in divisions
(B)(3)(a) to (g) of
this section, a peace officer described in
division
(A) of this section arrests and detains a person
pursuant
to division (B)(1) of this section, or if,
pursuant to division
(B)(3)(h) of this
section, a peace officer described in division
(A) of
this section seizes a deadly weapon, the officer, to the
extent
described in and in accordance with section 9.86 or 2744.03
of
the Revised Code, is immune in any civil action
for damages for
injury, death, or loss to person or property that
arises from or
is related to the arrest and detention or the
seizure.
(C) When there is reasonable ground to believe that a
violation of division (A), (B), or (C) of section 4506.15 or a
violation of section 4511.19 of the Revised Code has been
committed by a person operating a motor vehicle subject to
regulation by the public utilities commission of Ohio under Title
XLIX of the Revised Code, a peace officer with authority to
enforce that provision of law may stop or detain the person whom
the officer has reasonable cause to believe was operating the
motor vehicle in violation of the division or section and, after
investigating the circumstances surrounding the operation of the
vehicle, may arrest and detain the person.
(D) If a sheriff, deputy sheriff, marshal, deputy marshal,
municipal police officer, member of a police force employed by a
metropolitan housing authority under division (D) of section
3735.31 of the Revised Code, member of a police force employed by
a
regional transit authority under division (Y) of section 306.35
of the Revised
Code, special police officer employed by a port
authority under section
4582.04 or 4582.28 of the Revised Code,
township constable, police officer of a
township or joint township
police district, state university
law enforcement officer
appointed under section 3345.04 of the
Revised Code, peace officer
of the department of natural
resources, individual designated to
perform law enforcement duties
under
section 511.232, 1545.13, or
6101.75 of the Revised Code, the house
sergeant at arms if the
house sergeant at arms has arrest authority pursuant
to division
(E)(1) of section 101.311 of the Revised Code, or an assistant
house
sergeant at arms is authorized by
division (A) or
(B) of
this section
to arrest and detain, within the limits of the
political
subdivision, metropolitan housing authority housing
project, regional
transit authority facilities or those areas of a
municipal
corporation that have been agreed to by a regional
transit authority and a
municipal corporation located within its
territorial jurisdiction,
port authority, college, or university
in which the officer is
appointed,
employed, or elected or within
the limits of the territorial jurisdiction
of the peace officer, a
person until a warrant can be obtained, the peace
officer, outside
the limits of that
territory, may pursue, arrest, and detain that
person until a warrant
can be
obtained if all of the following
apply:
(1) The pursuit takes place without unreasonable delay
after
the offense is committed;
(2) The pursuit is initiated within the limits of the
political subdivision, metropolitan housing authority housing
project, regional transit authority facilities or those areas of a
municipal corporation that have been agreed to by a regional
transit authority
and a municipal corporation located within its
territorial
jurisdiction, port authority, college, or university
in which
the peace officer is
appointed, employed, or elected or
within the limits of the
territorial jurisdiction of the peace
officer;
(3) The offense involved is a felony, a misdemeanor of the
first degree or a substantially equivalent municipal ordinance, a
misdemeanor of the second degree or a substantially equivalent
municipal ordinance, or any offense for which points are
chargeable pursuant to division (G) of section 4507.021 of the
Revised Code.
(E) In addition to the authority granted under division
(A)
or (B) of this section:
(1) A sheriff or deputy sheriff may arrest and detain,
until
a warrant can be obtained, any person found violating
section
4503.11, 4503.21, or 4549.01, sections 4549.08 to
4549.12, section
4549.62, or Chapter 4511. or 4513. of the
Revised Code on the
portion of any street or highway that is
located immediately
adjacent to the boundaries of the county in
which the sheriff or
deputy sheriff is elected or appointed.
(2) A member of the police force of a township police
district created under section 505.48 of the Revised Code, a
member of the police force of a joint township police district
created under section 505.481 of the Revised Code, or a
township
constable appointed in accordance with section 509.01 of the
Revised Code, who has received a certificate from the Ohio peace
officer training commission under section 109.75 of the Revised
Code,
may arrest and detain, until a warrant can be obtained, any
person found violating any section or chapter of the Revised Code
listed in division (E)(1) of this section, other than sections
4513.33 and 4513.34 of the Revised Code, on the portion of any
street or highway that is located immediately adjacent to the
boundaries of the township police district or joint township
police district, in the case of a member of a township police
district or joint township police district police force, or the
unincorporated territory of the township, in the case of a
township constable. However, if the population of the township
that created the township police district served by the member's
police force, or the townships that created the joint township
police district served by the member's police force, or the
township that is served by the township constable, is sixty
thousand or less, the member of the township police district or
joint police district police force or the township constable may
not make an arrest under division (E)(2) of this
section on a
state highway that is
included as part of the interstate system.
(3) A police officer or village marshal appointed,
elected,
or employed by a municipal corporation may arrest and
detain,
until a warrant can be obtained, any person found
violating any
section or chapter of the Revised Code listed in
division (E)(1)
of this section on the portion of any street or
highway that is
located immediately adjacent to the boundaries of
the municipal
corporation in which the police officer or village
marshal is
appointed, elected, or employed.
(4) A peace
officer of the department of natural resources
or an individual
designated to perform law enforcement duties
under section
511.232, 1545.13, or 6101.75 of the
Revised Code may
arrest and detain,
until a warrant can be obtained, any person
found violating any
section or chapter of the Revised
Code listed
in division
(E)(1) of this section, other
than sections 4513.33
and 4513.34 of the
Revised
Code, on the portion of any
street or
highway that is located immediately adjacent to the
boundaries of
the lands and waters that constitute the
territorial jurisdiction
of the peace officer.
(F)(1) A department of mental health special police officer
or
a department of mental retardation and developmental
disabilities
special police officer may arrest without a warrant
and detain until a
warrant can be obtained any person found
committing on the
premises of any institution under the
jurisdiction of the
particular department a misdemeanor under a
law of the state.
A department of mental health special police officer or a
department of mental retardation and developmental disabilities
special police officer may arrest without a warrant and detain
until a
warrant can be obtained any person who has been
hospitalized,
institutionalized, or confined in an institution
under the
jurisdiction of the particular department pursuant to or
under
authority of section 2945.37, 2945.371, 2945.38, 2945.39,
2945.40, 2945.401, or 2945.402 of the Revised
Code and who is
found committing on the
premises of any institution under the
jurisdiction of the
particular department a violation of section
2921.34 of the
Revised Code that involves an escape from the
premises of the
institution.
(2)(a) If a department of mental health special police
officer
or a department of mental retardation and developmental
disabilities special police officer finds any person who has been
hospitalized, institutionalized, or confined in an institution
under the jurisdiction of the particular department pursuant to
or
under authority of section 2945.37, 2945.371, 2945.38,
2945.39,
2945.40, 2945.401, or
2945.402 of the Revised Code committing a
violation of
section 2921.34 of the Revised Code that involves an
escape from
the premises of the institution, or if there is
reasonable ground
to believe that a violation of section 2921.34
of the Revised
Code has been committed that involves an escape
from the premises
of an institution under the jurisdiction of the
department of
mental health or the department of mental
retardation and
developmental disabilities and if a department of
mental health
special police officer or a department of mental
retardation and
developmental disabilities special police officer
has reasonable cause
to believe that a particular person who has
been hospitalized,
institutionalized, or confined in the
institution pursuant to or
under authority of section 2945.37,
2945.371, 2945.38, 2945.39,
2945.40, 2945.401, or 2945.402 of
the
Revised Code is guilty of the violation, the
special police
officer, outside of the premises of the institution,
may pursue,
arrest, and detain that person for that violation of
section
2921.34 of the Revised Code, until a warrant can be
obtained, if
both of the following apply:
(i) The pursuit takes place without unreasonable delay
after
the offense is committed;
(ii) The pursuit is initiated within the premises of the
institution from which the violation of section 2921.34 of the
Revised Code occurred.
(b) For purposes of division (F)(2)(a) of this section,
the
execution of a written statement by the administrator of the
institution in which a person had been hospitalized,
institutionalized, or confined pursuant to or under authority of
section 2945.37, 2945.371, 2945.38, 2945.39, 2945.40,
2945.401, or
2945.402 of the
Revised Code alleging that the person has escaped
from the
premises of the institution in violation of section
2921.34 of
the Revised Code constitutes reasonable ground to
believe that the violation was committed and reasonable cause to
believe that the person alleged in the statement to have
committed
the offense is guilty of the violation.
(G) As used in this section:
(1) A "department of mental health special police officer"
means a special police officer of the department of mental health
designated under section 5119.14 of the Revised Code who is
certified by the Ohio peace officer training commission under
section 109.77 of the Revised Code as having successfully
completed an approved peace officer basic training program.
(2) A "department of mental retardation and developmental
disabilities special police officer" means a special
police
officer of the
department of mental retardation and developmental
disabilities
designated under section 5123.13 of the Revised Code
who is
certified by the Ohio peace officer training council under
section 109.77 of the Revised Code as having successfully
completed an approved peace officer basic training program.
(3) "Deadly weapon" has the same meaning as in section
2923.11 of the Revised
Code.
(4) "Family or household member" has the same meaning as in
section 2919.25
of the Revised Code.
(5) "Street" or "highway" has the same meaning as in
section
4511.01 of the Revised Code.
(6) "Interstate system" has the same meaning as in section
5516.01 of the Revised Code.
(7) "Peace officer of the department of
natural resources"
means an employee of the
department of natural resources who is
a
natural resources law enforcement staff officer designated
pursuant to
section 1501.013, a forest officer designated
pursuant
to section 1503.29, a preserve officer designated
pursuant to
section 1517.10, a wildlife officer designated
pursuant to section
1531.13, a park officer designated pursuant to section
1541.10, or
a state watercraft officer
designated pursuant to section 1547.521
of the
Revised Code.
Sec. 2935.031. Any agency, instrumentality, or political
subdivision of the state that employs a sheriff, deputy sheriff,
constable, marshal, deputy marshal, police officer, member of a
metropolitan housing authority police force, state university law
enforcement officer, or
Ohio veterans' home
policeman
police
officer with arrest authority under section 2935.03 of the Revised
Code or
that employs other persons with arrest authority under the
Revised
Code, shall adopt a policy for the pursuit in a motor
vehicle of
any person who violates a law of this state or an
ordinance of a
municipal corporation. The chief law enforcement
officer or
other chief official of the agency, instrumentality, or
political
subdivision shall formally advise each peace officer or
other
person with arrest authority it employs of the pursuit
policy
adopted by that agency, instrumentality, or political
subdivision
pursuant to this section.
Sec. 3318.01. As used in sections 3318.01 to 3318.20 of
the
Revised Code:
(A)
"Ohio school facilities commission"
means the commission
created pursuant to
section 3318.30 of the Revised Code.
(B)
"Classroom facilities" means rooms in which pupils
regularly assemble in public school buildings to receive
instruction and education and such facilities and building
improvements for the operation and use of such rooms as may be
needed in order to provide a complete educational program, and may
include space within which a child day-care facility or a
community resource
center is housed.
"Classroom facilities"
includes any space necessary for the operation of a vocational
education program
for secondary students in any school district
that operates such a
program.
(C)
"Project" means a project to construct or acquire
classroom
facilities, or to reconstruct or
make additions to
existing classroom facilities,
to be used for housing the
applicable school district and its functions.
(D)
"School district" means a local, exempted village, or
city school district as such districts are defined in Chapter
3311. of the Revised Code, acting as an agency of state
government, performing
essential governmental functions of state
government pursuant to sections
3318.01 and 3318.20 of the Revised
Code.
For purposes of assistance provided under sections 3318.40 to
3318.45 of the Revised Code, the term "school district" as used in
this section and in divisions (A), (C), and (D) of section 3318.03
and in sections 3318.031, 3318.033, 3318.042, 3318.07, 3318.08,
3318.083, 3318.084, 3318.085, 3318.086, 3318.10, 3318.11, 3318.12,
3318.13, 3318.14, 3318.15, 3318.16, 3318.19, and 3318.20 of the
Revised Code means a joint vocational school district established
pursuant to section 3311.18 of the Revised Code.
(E)
"School district board" means the board of education
of
a
school district.
(F)
"Net bonded indebtedness" means the difference between
the sum of the par value of all outstanding and unpaid bonds and
notes
which
a school district board is obligated to pay, any
amounts the school district is obligated to pay under
lease-purchase
agreements entered into under section 3313.375 of
the Revised Code, and the
par value of bonds authorized by the
electors but not yet issued,
the proceeds of which can lawfully be
used for the project, and
the amount held in the sinking fund and
other indebtedness
retirement funds for their redemption. Notes
issued for school
buses in accordance with section 3327.08 of the
Revised Code,
notes issued in anticipation of the collection of
current
revenues, and bonds issued to pay final judgments shall
not be
considered in calculating the net bonded indebtedness.
"Net bonded indebtedness" does not include indebtedness
arising from
the acquisition of land to provide a site for
classroom facilities
constructed, acquired, or added to pursuant
to sections 3318.01 to 3318.20
of the Revised Code.
(G)
"Board of elections" means the board of elections of
the
county containing the most populous portion of the school
district.
(H)
"County auditor" means the auditor of the county in
which
the greatest value of taxable property of such school
district is
located.
(I)
"Tax duplicates" means the general tax lists and
duplicates prescribed by sections 319.28 and 319.29 of the
Revised
Code.
(J)
"Required level of indebtedness" means:
(1) In the case of districts in
the first percentile, five
per cent of the district's valuation for
the year preceding the
year in which the controlling board approved the
project under
section 3318.04 of the Revised Code.
(2) In the case of districts ranked in a subsequent
percentile, five per
cent of the district's valuation for the year
preceding the year in
which the controlling board approved the
project under section 3318.04
of the Revised Code, plus [two
one-hundredths of one per
cent multiplied by (the percentile in
which the district ranks
for the fiscal year preceding the fiscal
year in which the controlling board approved the district's
project minus
one).
(K)
"Required percentage of the basic project costs" means
one per cent of
the basic project costs times the
percentile in
which the district ranks
for the fiscal year preceding the fiscal
year in which the controlling board approved the district's
project.
(L)
"Basic project cost" means a cost amount determined in
accordance with
rules adopted under section 111.15 of the Revised
Code by
the
Ohio school facilities commission. The basic
project
cost calculation shall take into consideration the square footage
and
cost per square foot necessary for the grade levels to be
housed in the
classroom facilities, the variation across the state
in construction and
related costs, the cost of the installation of
site utilities and site
preparation,
the cost of demolition of all
or part of any existing classroom facilities that are abandoned
under the project, the cost of insuring the
project until it is
completed,
any contingency reserve amount
prescribed by the
commission under section 3318.086 of the Revised
Code, and the
professional planning, administration, and design
fees that a
district may
have to pay to undertake a classroom
facilities
project.
For a joint vocational school district that receives
assistance under sections 3318.40 to 3318.45 of the Revised Code,
the basic project cost calculation for a project under those
sections shall also take into account the types of laboratory
spaces and program square footages needed for the vocational
education programs for high school students offered by the school
district.
"Basic project cost" also includes the value of classroom
facilities
authorized in a pre-existing bond issue as described in
section 3318.033 of
the Revised Code.
(M)
A(1) Except for a joint vocational school district that
receives assistance under sections 3318.40 to 3318.45 of the
Revised Code, a
"school district's portion of the basic project
cost"
means the
amount determined under section 3318.032 of the
Revised
Code.
(2) For a joint vocational school district that receives
assistance under sections 3318.40 to 3318.45 of the Revised Code,
a "school district's portion of the basic project cost" means the
amount determined under division (C) of section 3318.42 of the
Revised Code.
(N)
"Child day-care facility" means
space within a classroom
facility in which the needs of infants,
toddlers, preschool
children, and school children are provided
for by persons other
than the parent or guardian of such
children for any part of the
day, including persons not employed by the school
district
operating such classroom facility.
(O)
"Community resource
center" means space within a
classroom facility in which
comprehensive services that support
the needs of families and
children are provided by community-based
social service
providers.
(P)
"Valuation" means the total value of all property in
the
district as listed and assessed for taxation on the tax
duplicates.
(Q)
"Percentile" means the percentile in which the
district
is
ranked pursuant to division (D) of section 3318.011 of the
Revised Code.
(R)
"Installation of site utilities" means the
installation
of a site domestic water system, site fire protection system,
site
gas distribution system, site sanitary system, site storm
drainage
system, and site telephone and data system.
(S)
"Site preparation"
means the earthwork necessary for
preparation of the building
foundation system, the paved
pedestrian and vehicular
circulation system, playgrounds on the
project site, and lawn
and planting on the project site.
Sec. 3318.011. For purposes of providing assistance under
sections 3318.01 to 3318.20 of the Revised Code, the department
of
education shall annually do all of the following:
(A) Calculate the adjusted valuation per pupil of each
city,
local, and exempted village school district according to
the
following formula:
The district's valuation per pupil -
[$30,000 X (1 - the district's income factor)].
For purposes of this calculation:
(1) "Valuation per pupil" for a district means its average
taxable value, divided by its formula ADM reported under section
3317.03 of the Revised Code for the previous fiscal
year.
(2) "Average taxable value" means the average of the amounts
certified for a district in the second, third, and fourth
preceding
fiscal years under divisions (A)(1) and (2) of section
3317.021 of
the Revised Code.
(3) "Income factor" has the same meaning as in section
3317.02 of
the Revised Code.
(B) Calculate for each district the three-year average of
the
adjusted valuations per pupil calculated for the
district for
the current and two preceding
fiscal years;
(C) Rank all such districts in order of adjusted valuation
per pupil from the district with the lowest three-year average
adjusted
valuation
per pupil to the district with the highest
three-year average adjusted
valuation per pupil;
(D) Divide such
ranking into percentiles with the first
percentile containing the one per cent
of school districts having
the lowest three-year average adjusted
valuations per pupil and
the
one-hundredth percentile containing the one per cent of school
districts
having the highest three-year average adjusted
valuations per pupil;
(E) Determine the school districts that have
three-year
average adjusted
valuations per pupil that are greater
than the
median three-year average adjusted valuation per
pupil for all
school districts in the state;
(F)
Certify
On or before the first day of September, certify
the information described in divisions (A)
to (E) of this section
to the Ohio school facilities
commission.
Sec. 3318.03. (A) Before conducting
an on-site evaluation of
a
school district under section 3318.02 of the
Revised Code, at
the
request of the district board of
education, the Ohio school
facilities commission shall examine any
classroom facilities needs
assessment that has been conducted by the district
and any master
plan developed for
meeting the facility needs of the district.
(B) Upon conducting the on-site evaluation under section
3318.02
of
the Revised Code, the Ohio school
facilities commission
shall
make a determination of all of the following:
(A)(1) The needs of the school district for additional
classroom facilities;
(B)(2) The number of classroom facilities to be included in
a
project,
including classroom facilities authorized by a bond
issue
described in
section 3318.033 of the Revised Code, and the
basic
project cost of constructing, acquiring, reconstructing, or
making
additions
to each such facility;
(C)(3) The amount of such cost that the
school district can
supply from
available funds, by the issuance of bonds previously
authorized
by the electors of the school district the proceeds of
which can
lawfully be used for the project, including bonds
authorized by the
district's electors as described in section
3318.033 of the Revised
Code, and by the issuance of bonds
under
section 3318.05 of the Revised Code;
(D)(4) The remaining amount of such cost that shall be
supplied
by the state;
(E)(5)
The amount of the state's portion
to be encumbered in
accordance
with section 3318.11 of the
Revised
Code in the current
and
subsequent fiscal bienniums from funds
appropriated for
purposes
of sections 3318.01 to 3318.20 of the
Revised Code.
(C) The commission shall make a
determination in favor of
constructing, acquiring,
reconstructing, or making additions to a
classroom facility only upon
evidence that the proposed
project
conforms to sound educational practice, that it is in
keeping with
the orderly process of school district
reorganization and
consolidation, and that the actual or
projected enrollment in each
classroom facility proposed to be included in
the project
is at
least three hundred fifty pupils. Exceptions shall be authorized
only in those districts
where topography, sparsity of population,
and other
factors make
larger schools impracticable.
(D) Sections 125.81 and 153.04 of the Revised Code shall not
apply to classroom facilities constructed under
either sections
3318.01
to 3318.20
or sections 3318.40 to 3318.45 of the Revised
Code.
Sec. 3318.031. The Ohio
school facilities commission shall
consider student and staff
safety when reviewing design plans for
classroom facility
construction projects proposed under
this
chapter. After consulting with
appropriate education and law
enforcement personnel, the
commission may require as a condition
of project approval under
either
section 3318.03
or division
(B)(1) of section 3318.41 of the Revised
Code such changes in the
design
plans as the commission believes will advance or improve
student
and staff safety in the proposed classroom facility.
To carry out its duties under this section, the commission
shall review and, if necessary, amend any construction and design
standards used in its project approval process, including
standards for location and number of exits and location of
restrooms, with a focus on advancing student and staff safety.
Sec. 3318.032. (A) The portion of the basic project cost
supplied
by
the school district shall be the greater of:
(1) The required percentage of the basic project costs,
determined based on the district's percentile ranking at the time
the
controlling board approved the project under section
3318.04
of the Revised Code;
(2) An amount necessary to raise the school district's net
bonded
indebtedness, as of the date the controlling board approved
the project, to
within five thousand dollars of the required level
of indebtedness.
(B) The amount of the district's share determined under this
section
shall be calculated only as of the date the controlling
board approved
the project, and that amount applies throughout the
one-year period
permitted under section 3318.05 of the Revised
Code for the
district's electors to approve the propositions
described in that section. If
the amount reserved and encumbered
for a project is released because the
electors do not approve
those propositions within that year, and
the school district later
receives the controlling board's
approval for the project, the
district's portion shall be
recalculated in accordance with this
section as of the date of the
controlling board's subsequent
approval.
(C) Notwithstanding anything to the contrary in division
(A)
or (B) of this section, at no time shall a school
district's
portion of the basic project cost be greater than ninety-five per
cent of the total basic project cost.
Sec. 3318.033. If the electors of a school district have
approved
the issuance of bonds for the acquisition of classroom
facilities within
eighteen months prior to the school district
board's receipt of a
notification by the Ohio school facilities
commission that the
school district is eligible for state
assistance under
either sections 3318.01
to 3318.20
or sections
3318.40 to 3318.45 of the Revised Code, and if the classroom
facilities supported by that bond measure comply with the
commission's design
specifications for
such a project
under
sections
3318.01 to 3318.20 of the Revised Code, the commission
shall
include the value of those classroom facilities in the basic
project cost of
the school district's project determined under
section
3318.03
or division (A)(1)(a) of section 3318.41 of the
Revised Code and shall deduct the amount of the
bonds authorized
in that bond measure from the amount of the school district's
portion of the basic project cost as
determined under section
3318.032
or 3318.42 of the Revised Code.
A school district board may combine the credit for previously
issued bonds authorized under this section along with any local
donated
contribution, as described under section 3318.084 of the
Revised
Code, in meeting the school district's obligation to raise
its
portion of the basic project cost of its classroom
facilities
project under sections 3318.01 to 3318.20
or sections 3318.40 to
3318.45 of the
Revised Code.
Sec. 3318.042. (A) The board of education of any school
district that is receiving assistance under sections 3318.01 to
3318.20 of the Revised Code after May 20, 1997,
or under sections
3318.40 to 3318.45 of the Revised Code, and whose project
is still
under construction, may request that
the Ohio school
facilities
commission examine whether the circumstances
prescribed
in either
division (B)(1) or (2) of this section exist in
the
school
district. If the commission so finds, the
commission shall
review
the school district's
original assessment and approved
project
under sections 3318.01 to 3318.20 of the Revised
Code, and
consider providing additional assistance to the school
district to
correct the prescribed conditions found to exist in
the district.
Additional assistance under this section shall be
limited to
additions to one or more buildings, remodeling of one
or more
buildings, or changes to the infrastructure of one or more
buildings.
(B) Consideration of additional assistance to a school
district under this section is warranted in either of the
following circumstances:
(1) Additional work is needed
to
correct an oversight or
deficiency not identified or included
in
the district's initial
assessment.
(2) Other conditions exist that, in the opinion of the
comission
commission, warrant additions or remodeling
of the
project
facilities or changes to infrastructure
associated
with
the
district's project that were not identified in the
initial
assessment and plan.
(C) If the commission decides in favor of providing
additional assistance to any school district under this section,
the school district shall be responsible for paying for its
portion of the cost
of the additions, remodeling, or
infrastucture
infrastructure
changes pursuant to section 3318.083 of the Revised
Code. If,
after making a financial evaluation of the school
district, the
commission determines that the school district is
unable without
undue hardship, according to the guidelines adopted
by the
commission, to fund the school district portion of the
increase,
then the state and the school district shall enter into
an
agreement whereby the state shall pay the portion of the cost
increase attributable to the school district which is determined
to be in excess of any local resources available to the district
and the district shall thereafter reimburse the state. The
commission shall establish the district's schedule for reimbursing
the state, which shall not extend beyond five years. Debt
incurred under this section shall not be included in the
calculation of the net indebtedness of the school district under
section 133.06 of the Revised Code.
Sec. 3318.08.
If
Except in the case of a joint vocational
school district that receives assistance under sections 3318.40 to
3318.45 of the Revised Code, if the requisite favorable vote on
the
election is obtained, or if the school district board has
resolved
to apply
the proceeds of a property tax levy or the
proceeds of an
income tax, or a combination of proceeds from such
taxes, as
authorized in
section 3318.052 of the Revised Code, the
Ohio
school facilities commission, upon
certification to it of
either
the results of the election or
the resolution under section
3318.052 of the Revised Code, shall enter
into a written agreement
with the school district board for the
construction and sale of
the project, which. In the case of a joint vocational school
district that receives assistance under sections 3318.40 to
3318.45 of the Revised Code, if the school district board of
education and the school district electors have satisfied the
conditions prescribed in division (D)(1) of section 3318.41 of the
Revised Code, the commission shall enter into an agreement with
the school district board for the construction and sale of the
project. In either case, the agreement shall
include, but need not
be
limited to, the following provisions:
(A) The sale and issuance of bonds or notes in
anticipation
thereof, as soon as practicable after the execution
of the
agreement, in an amount equal to the
school district's portion of
the basic
project cost, including any bonds previously authorized
by the
district's electors as described in section 3318.033 of the
Revised
Code
and any securities
authorized under division (J) of
section 133.06 of the Revised
Code and dedicated by the school
district board to payment of the
district's portion of the basic
project cost of the project; provided, that if at that time the
county treasurer
of each
county in which the school district is
located has not
commenced
the collection of taxes on the general
duplicate of real
and
public utility property for the year in
which the
controlling
board approved the project, the school
district board
shall
authorize the issuance of a first installment
of bond
anticipation
notes in an amount specified by the
agreement, which
amount shall
not exceed an amount necessary to
raise the net
bonded
indebtedness of the school district as of the
date of
the
controlling board's approval to within
five thousand
dollars of
the
required level of indebtedness for the preceding
year. In the
event that a first installment of bond anticipation
notes is
issued, the school district board shall, as soon as
practicable
after the county treasurer of each county in which the
school
district is located has commenced the collection of taxes
on the
general duplicate of real and public utility property for
the
year
in which the controlling board approved the project,
authorize the
issuance of a second and
final installment of bond
anticipation
notes or a first and final
issue of bonds.
The combined value of the first and second
installment of
bond anticipation notes or the value of the first
and final issue
of bonds shall be equal to the
school district's portion of the
basic project cost. The proceeds of any such bonds shall be used
first
to
retire any bond anticipation notes. Otherwise, the
proceeds of
such bonds and of any bond anticipation notes, except
the premium
and accrued interest thereon, shall be deposited in
the school
district's project construction fund. In determining
the amount
of net bonded indebtedness for the purpose of fixing
the amount of an
issue of either bonds or bond anticipation notes,
gross
indebtedness shall be reduced by moneys in the bond
retirement
fund only to the extent of the moneys therein on the
first day of
the year preceding the year in which the controlling
board approved the
project. Should there be
a decrease in the tax
valuation of
the school district so that the amount of
indebtedness
that can
be incurred on the tax duplicates for the
year in which the
controlling board approved the project is
less
than the amount of the first installment of bond
anticipation
notes, there shall be paid from the school
district's project
construction fund to the school
district's
bond retirement fund to
be applied against such notes an amount
sufficient to cause the
net bonded indebtedness of the school district,
as of the first
day of the year following the year in which the
controlling board
approved the project,
to be within five thousand dollars of the
required level of
indebtedness for the year in which the
controlling board approved the project. The
maximum
amount of
indebtedness to be incurred by any school
district board as its
share of the cost of the project is either
an amount that will
cause its net bonded
indebtedness, as of the first
day of the year
following the year in which the controlling board
approved the
project, to be
within five thousand dollars of the required level
of
indebtedness,
or
an amount equal to the required percentage of
the basic project costs,
whichever is greater. All bonds and bond
anticipation notes
shall be issued in accordance with Chapter 133.
of the Revised
Code, and notes may be renewed as provided in
section 133.22 of
the Revised Code.
(B) The transfer of such funds of the school district
board
available for the project, together with the proceeds of
the
sale
of the bonds or notes, except premium, accrued interest,
and
interest included in the amount of the issue, to the school
district's project construction fund;
(C)
For all school districts except joint vocational school
districts that receive assistance under sections 3318.40 to
3318.45 of the Revised Code, the following provisions as
applicable:
(1) If section 3318.052 of the Revised Code applies, the
earmarking of the
proceeds of a tax levied under section 5705.21
of the Revised Code for general
ongoing permanent
or
under
section 5705.218 of the Revised Code for the purpose of
permanent
improvements, or
the proceeds of a school district
income tax
levied under Chapter
5748. of the Revised Code, or the
proceeds
from a
combination of
those two taxes, in an amount to
pay all or
part of the service
charges on bonds issued to pay the
school
district portion of the
project and
an amount equivalent to all or
part of the tax
required under division
(B) of
section 3318.05 of
the Revised
Code.;
(D)(2) If section 3318.052 of the Revised Code does not
apply,
either of
the following:
(1)(a) The levy of the tax authorized at the election for
the
payment of maintenance costs, as specified in
division (B) of
section 3318.05 of the Revised
Code;
(2)(b) If the school district electors have approved a
continuing
tax of at least two mills for each dollar of valuation
for general ongoing
permanent improvements under
section 5705.21
of the Revised Code and that tax can be
used for maintenance, the
earmarking of an amount
of the proceeds from such tax for
maintenance of classroom facilities as
specified in division (B)
of
section 3318.05 of the Revised Code.
(D) For joint vocational school districts that receive
assistance under sections 3318.40 to 3318.45 of the Revised Code,
provision for deposit of school district moneys dedicated to
maintenance of the classroom facilities acquired under those
sections as prescribed in section 3318.43 of the Revised Code;
(E) Dedication of any local donated contribution as
provided
for under section 3318.084 of the Revised Code, including
a
schedule for depositing such moneys applied as an offset of the
district's obligation to levy the tax described in division (B) of
section 3318.05 of the Revised Code as required under division
(D)(2) of section 3318.084 of the Revised Code.;
(F) Ownership of or interest in the project during the
period of
construction, which shall be divided between the
commission and the
school district board in proportion to their
respective
contributions to the school district's project
construction
fund;
(G) Maintenance of the state's interest in the
project
until
any
obligations issued for the project under section 3318.26
of
the
Revised Code are no longer outstanding;
(H) The insurance of the project by the school district
from
the time there is an insurable interest therein and so long
as the
state retains
any ownership or interest in the project
pursuant to
division
(F) of
this
section, in such amounts
and
against such
risks as the commission shall
require;
provided, that
the cost of
any required insurance until the
project is completed
shall be a
part of the basic project cost;
(I) The certification by the director of budget and
management that funds are available and have been set aside to
meet the state's share of the basic project cost as approved
by
the controlling board pursuant to
either section 3318.04
or
division (B)(1) of section 3318.41 of the
Revised
Code;
(J) Authorization of the school district board to
advertise
for and receive construction bids for the project, for
and on
behalf of the commission, and to award
contracts in the
name of
the state subject to approval by the commission;
(K) Provisions for the disbursement of moneys from the
school district's project account upon issuance by the
commission
or the commission's designated representative of vouchers
for
work
done to
be certified to the commission by the treasurer
of the
school district board;
(L) Disposal of any balance left in the school district's
project construction fund upon completion of the
project;
(M) Limitations upon use of the project or any part of it
so
long as any obligations
issued to finance the project under
section 3318.26 of the Revised
Code are outstanding;
(N) Provision for vesting the state's interest in the
project
to the school district board when the
obligations issued
to finance the project under section 3318.26 of the
Revised Code
are outstanding;
(O) Provision for deposit of an executed copy of the
agreement in the office of the commission;
(P) Provision for termination of the contract and release
of
the funds encumbered at the time of the conditional approval,
if
the proceeds of the sale of the bonds of the school district
board
are not paid into the school district's project
construction
fund
and if bids for the construction of
the project have not been
taken within such period after the
execution of the agreement as
may be fixed by the
commission;
(Q) Provision for the school district to maintain the
project in
accordance with a plan approved by the commission;
(R)(1) For all school districts except
those
a district
undertaking a
project under section 3318.38 of the Revised Code
or
a joint vocational school district undertaking a project under
sections 3318.40 to 3318.45 of the Revised Code,
provision
that
all
state funds reserved and
encumbered
to pay
the state
share of
the cost of the project
pursuant to
section
3318.03 of
the
Revised
Code be spent on the
construction
or
acquisition of
the project
prior to the
expenditure of any
funds
provided by the
school
district to pay
for its share of the
project cost, unless
the
school district
certifies to the
commission that expenditure
by
the school
district is
necessary to
maintain the tax-exempt
status
of notes
or bonds issued by the
school district to pay for
its
share of the
project cost
or to
comply with applicable
temporary
investment
periods or spending
exceptions to rebate as
provided
for under
federal law in regard
to those notes or bonds,
in which
cases, the
school district
may commit to
spend, or
spend, a
portion
of the funds it
provides;
(2) For
a school
districts
district undertaking a project
under section
3318.38 of the Revised Code
or a joint vocational
school district undertaking a project under sections 3318.40 to
3318.45 of the Revised Code, provision that the state funds
reserved and encumbered and the funds provided by the school
district to pay the basic project cost of any segment of the
project, or of the entire project if it is not divided into
segments, be spent on the construction and acquisition of the
project simultaneously in proportion to the state's and the school
district's respective shares of that basic project cost as
determined under section 3318.032 of the Revised Code
or, if the
district is a joint vocational school district, under section
3318.42 of the Revised Code.
(S) A provision stipulating that the commission may
prohibit
the
district from proceeding with any project if the
commission
determines that
the site is not suitable for
construction
purposes. The commission may
perform soil tests in
its
determination of whether a site is appropriate for
construction
purposes.
(T) A provision stipulating that, unless otherwise
authorized by the commission, any contingency
reserve portion of
the construction budget prescribed by the
commission shall be used
only to pay costs resulting from
unforeseen job conditions, to
comply with rulings regarding
building and other codes, to pay
costs related to design
clarifications or corrections to contract
documents, and to pay
the costs of settlements or judgments
related to the project as
provided under section 3318.086 of the
Revised Code.
Sec. 3318.084.
(A) Notwithstanding anything to the contrary
in
Chapter 3318. of
the Revised Code, a school district board may
apply any
local donated contribution toward
either or both
any of
the
following:
(1) The district's portion of the basic project
cost of a
project under
either sections 3318.01 to
3318.20
or sections
3318.40 to 3318.45 of the Revised Code
to
reduce the amount of
bonds the district otherwise must issue
in
order to receive state
assistance under those
sections;
(2)
An
If the school district is not a joint vocational
school district proceeding under sections 3318.40 to 3318.45 of
the Revised Code, an offset of all or part of a district's
obligation to
levy the tax described in division (B) of section
3318.05 of the
Revised Code, which shall be applied only in the
manner prescribed
in division (B) of this section;
(3) If the school district is a joint vocational school
district proceeding under sections 3318.40 to 3318.45 of the
Revised Code, all or part of the amount the school district is
obligated to set aside for maintenance of the classroom facilities
acquired under that project pursuant to section 3318.43 of the
Revised Code.
(B) No school district board shall apply any local donated
contribution under division (A)(2) of this section unless the Ohio
school facilities commission first approves that application.
Upon the request of the school district board to apply
local
donated contribution under division (A)(2) of this section,
the
commission in consultation with the department of taxation
shall
determine the amount of total revenue that likely would be
generated by one-half mill of the tax described in division (B) of
section 3318.05 of the Revised Code over the entire
twenty-three-year period required under that section and shall
deduct from that amount any amount of local donated contribution
that the board has committed to apply under division (A)(2) of
this section. The commission then shall determine in consultation
with the department of taxation the rate of tax over twenty-three
years necessary to generate the amount of a one-half mill tax not
offset by the local donated contribution. Notwithstanding
anything to the contrary in section 3318.06, 3318.061, or
3318.361
of the Revised Code, the rate determined by the
commission shall
be the rate for which the district board shall seek elector
approval under those sections to meet its obligation under
division (B) of section 3318.05 of the Revised Code. In the case
of a complete offset of the district's obligation under division
(B) of section 3318.05 of the Revised Code, the district shall not
be required to levy the tax otherwise required under that section.
At the end of the twenty-three-year period of the tax required
under division (B) of section 3318.05 of the Revised Code, whether
or not the tax is actually levied, the commission in consultation
of the department of taxation shall recalculate the amount that
would have been generated by the tax if it had been levied at
one-half mill. If the total amount actually generated over that
period from both the tax that was actually levied and any local
donated contribution applied under division (A)(2) of this section
is less than the amount that would have been raised by a one-half
mill tax, the district shall pay any difference. If the total
amount actually raised in such manner is greater than the amount
that would have been raised by a one-half mill tax the difference
shall be zero and no payments shall be made by either the district
or the commission.
(C) As used in this section,
"local donated contribution"
means
any of the following:
(1) Any moneys irrevocably donated or granted to a school
district board by a source other than the state which
the board
has the authority to apply to the school district's project
under
sections 3318.01 to 3318.20 of the Revised Code and
which the
board has pledged for that purpose by resolution adopted by a
majority of its members;
(2) Any irrevocable letter of credit issued on behalf of
a
school
district or any cash a school district has on hand,
including any year-end operating fund balances, that can be spent
for
classroom
facilities, either of which the
school district
board has encumbered for payment of the school district's
share of
its project under sections 3318.01 to 3318.20 of the Revised
Code
and either of which has been approved by the
commission in
consultation with the department of
education;
(3) Any moneys spent by a source other than the school
district or the state for construction or renovation of specific
classroom facilities that have been approved by the commission as
part of the basic project cost of the district's project. The
school district, the commission, and the entity providing the
local donated contribution under division (C)(3) of this section
shall enter into an agreement
indentifying
identifying the
classroom
facilities to be acquired by the expenditures made by
that entity.
The agreement shall include, but not be limited to,
stipulations
that require an audit by the commission of such
expenditures made
on behalf of the district and that specify the
maximum amount of
credit to be allowed for those expenditures.
Upon completion of
the construction or renovation, the commission
shall determine the
actual amount that the commission will credit,
at the request of
the district board, toward the district's
portion of the basic
project cost, any project cost overruns, or
the basic project cost
of future segments if the project has been
divided into segments
under section 3318.38 of the Revised Code.
The actual amount of
the credit shall not exceed the lesser of the
amount specified in
the agreement or the actual cost of the
construction or
renovation.
(D) No state moneys shall be released for a project to which
this
section applies until:
(1) Any
local donated
contribution
authorized under
division
(A)(1) of
this section is first deposited into the school
district's project
construction fund.
(2) The school district board and the commission have
included a stipulation in their agreement entered into under
section 3318.08 of the Revised Code under which the board will
deposit into
a fund approved by the commission according to a
schedule that does not extend beyond the anticipated completion
date of the project the total amount of any local
donated
contribution authorized under division (A)(2)
or (3) of this
section and
dedicated by the board for that purpose.
However, if any local donated contribution as described in
division (C)(3) of this section has been approved under this
section, the state moneys may be released even if the entity
providing that local donated contribution has not spent the moneys
so dedicated as long as the agreement required under that section
has been executed.
Sec. 3318.086. The construction budget for any project under
sections 3318.01 to 3318.20
or sections 3318.40 to 3318.45 of the
Revised Code shall contain a
contingency reserve in an amount
prescribed by the Ohio school
facilities commission, which unless
otherwise authorized by
the
commission, shall be used only to pay
costs
resulting from
unforeseen job conditions, to comply with
rulings
regarding
building and other codes, to pay costs related
to design
clarifications or corrections to contract documents, and
to pay
the costs of settlements or judgments related to the
project.
Sec. 3318.10. When such working drawings, specifications,
and estimates of cost have been approved by the school district
board and the Ohio school facilities commission, the treasurer
of
the school district board shall advertise for construction
bids
in accordance with section 3313.46 of
the Revised Code. Such
notices shall state that
plans and
specifications for the project
are on file in the
office of the
commission and such other place
as
may be designated in such
notice, and the time and place when
and
where bids therefor will
be received.
The form of proposal to be submitted by bidders shall be
supplied by the commission. Bidders may be
permitted to bid
upon
all the branches of work and materials to be furnished and
supplied, upon any branch thereof, or upon all or any thereof.
When the construction bids for all branches of work and
materials have been tabulated, the commission shall cause to be
prepared
a revised
estimate of the basic
project cost based upon
the lowest responsible bids received. If
such revised estimate
exceeds the estimated basic project cost as
approved by the
controlling board pursuant to section 3318.04
or division (B)(1)
of section 3318.41 of
the Revised Code,
no contracts may be
entered into pursuant to
this section unless
such revised estimate
is approved by the
commission and by the
controlling board
referred to
in section 3318.04 of the Revised
Code. When such
revised estimate has been
prepared, and after
such approvals are
given, if necessary, and
if the school district
board has caused
to be transferred to the
project construction
fund the proceeds
from the sale of
the
first or first and final
installment of its
bonds or bond
anticipation notes pursuant to
the provision of
written agreement
required by division (B) of
section 3318.08 of
the Revised Code,
and when the director of
budget and management
has certified that
there is a balance in the
appropriation, not
otherwise obligated
to pay precedent
obligations, pursuant to
which the state's share
of such revised
estimate is required to be
paid, the contract for
all branches of
work and materials to be
furnished and supplied,
or for any branch
thereof as determined by
the school district
board, shall be
awarded by the school district
board to the
lowest responsible
bidder subject to the approval of
the
commission. Such award
shall be made
within sixty days after
the date on which the bids
are
opened,
and the successful bidder
shall enter into a contract
within ten
days after the successful
bidder is notified of the
award of the
contract.
Subject to the approval of the commission, the school
district board may
reject all
bids and
readvertise. Any contract
made under this section shall be made
in the name of the state and
executed on its behalf by the
president and treasurer of the
school district board.
The provisions of sections
9.312 and 3313.46
of the Revised
Code, which are applicable to construction
contracts of boards of
education, shall apply to
construction contracts for the
project.
The remedies afforded to any subcontractor, materials
supplier,
laborer, mechanic, or persons furnishing material or
machinery
for the project under sections 1311.26 to 1311.32 of the
Revised
Code, shall apply to contracts entered into under this
section
and the itemized statement required by section 1311.26 of
the
Revised Code shall be filed with the school district board.
Sec. 3318.12. (A) The Ohio school facilities commission
shall
cause to be transferred to the school district's project
construction fund the necessary amounts from amounts
appropriated
by the general assembly and set aside for such
purpose, from time
to time as may be necessary to pay obligations
chargeable to such
fund when due. All investment earnings of a
school district's
project construction fund shall be credited to the fund.
(B) The treasurer of the
school
district board shall disburse
funds from the school district's
project construction fund,
including investment earnings credited to
the fund, only upon the
approval of the
commission or the commission's designated
representative. The
commission or the commission's designated
representative shall issue vouchers
against such fund, in such
amounts, and at such times as
required by the
contracts for
construction of the project.
(C) After the project has been completed:
(A)(1) Any investment
earnings remaining in the project
construction fund that are
attributable to the school district's
contribution to the fund
shall be transferred to the district's
maintenance fund required
by division (B) of section
3318.05
or
section 3318.43 of the Revised
Code, and the money shall be
used
solely for maintaining the classroom facilities included in
the
project.
(B)(2) Any investment
earnings remaining in the project
construction fund that are
attributable to the state's
contribution to the fund shall be
transferred to the commission
for expenditure pursuant to
sections 3318.01 to 3318.20
or
sections 3318.40 to 3318.45 of the
Revised
Code.
(C)(3) Any other surplus remaining in the school district's
project
construction fund after the project has been completed
shall
be transferred to the commission
and the school district
board in proportion to their respective
contributions to the fund.
The commission shall use the money transferred to
it under this
division for expenditure
pursuant to sections 3318.01 to 3318.20
or sections 3318.40 to 3318.45 of the Revised Code.
(D) Pursuant to appropriations of the general assembly, any
moneys transferred to the commission under division (C)(2) or (3)
of this section from a project construction fund for a project
under sections 3318.40 to 3318.45 of the Revised Code may be used
for future expenditures for projects under sections 3318.40 to
3318.45 of the Revised Code, notwithstanding the two per cent
annual limit specified in division (B) of section 3318.40 of the
Revised Code.
Sec. 3318.15. There is hereby created the public school
building fund within the state treasury consisting of any moneys
transferred or appropriated to the fund by the general assembly
and any grants, gifts, or contributions received by the Ohio
school
facilities commission to be used for the purposes of the
fund.
All investment earnings of the fund shall be credited to
the fund.
Moneys transferred or appropriated to the fund by the general
assembly and moneys in the fund from grants, gifts, and
contributions shall be
used for the purposes of
sections 3318.01
to 3318.20
Chapter 3318. of the Revised Code. The moneys in the
fund
received from payments to
the state pursuant to division (C)
of
section 3318.08 of the
Revised Code shall be held in a separate
account in the
fund.
Such
moneys may be used partially for the
purposes of sections
3318.01
to 3318.20 of the Revised Code and
partially to pay bond
service
charges as
defined in division (C)
of section 3318.21 of
the
Revised Code on
obligations
as
prescribed by the
general assembly.
Sec. 3318.19. A complete detailed report of the expenditure
of funds pursuant
to
the provisions of sections 3318.01 to 3318.20
and sections 3318.40 to 3318.45 of the
Revised
Code shall be made
by the Ohio school
facilities commission biennially to the general
assembly. The
report shall contain a detailed statement of
classroom facilities acquired in
whole or in part by the state and
sold to school districts, the moneys
received from school
districts for credit against their indebtedness to the
state, and
such other information as will advise the general assembly of the
nature and progress of this program.
Sec. 3318.25. There is hereby created in the state
treasury
the school building program assistance fund. The fund shall
consist of the proceeds of obligations issued for the purposes of
such fund pursuant to section 3318.26 of the Revised Code that
are
payable from moneys in the lottery profits education fund
created
in section 3770.06 of the Revised Code or pursuant to section
151.03 of the Revised Code. All investment earnings of
the fund
shall be credited to the fund. Moneys in the fund shall
be used
as directed by the Ohio
school facilities commission for the cost
to the state of constructing classroom facilities
under
sections
3318.01 to 3318.20
Chapter 3318. of the
Revised
Code
as prescribed
by the general assembly.
Sec. 3318.26. (A) The provisions of this section apply only
to
obligations issued by the issuing authority prior to December
1,
1999.
(B) Subject to the limitations provided in
section 3318.29
of the Revised Code, the issuing authority, upon
the certification
by the Ohio
school facilities commission to the issuing
authority
of the amount of moneys or additional moneys needed in
the school
building program assistance fund for the purposes of sections
3318.01 to 3318.20
and sections 3318.40 to 3318.45 of the Revised
Code, or needed for capitalized
interest, for funding reserves,
and for paying costs and expenses
incurred in connection with the
issuance, carrying, securing,
paying, redeeming, or retirement of
the obligations or any
obligations refunded thereby, including
payment of costs and
expenses relating to letters of credit, lines
of credit,
insurance, put agreements, standby purchase agreements,
indexing,
marketing, remarketing and administrative arrangements,
interest
swap or hedging agreements, and any other credit
enhancement,
liquidity, remarketing, renewal, or refunding
arrangements, all
of which are authorized by this section, shall
issue obligations
of the state under this section in the required
amount. The
proceeds of such obligations, except for obligations
issued to
provide moneys for the school building program
assistance fund shall be
deposited by the treasurer
of state in
special funds,
including reserve funds, as provided in the bond
proceedings. The issuing authority may appoint trustees,
paying
agents, and transfer agents and may retain the services of
financial advisors and accounting experts and retain or contract
for the services of marketing, remarketing, indexing, and
administrative agents, other consultants, and independent
contractors, including printing services, as are necessary in the
issuing authority's judgment to carry out this section. The
costs
of such services are payable from the school building program
assistance
fund or
any special fund determined by the issuing
authority.
(C) The holders or owners of such obligations shall have
no
right to have moneys raised by taxation obligated or pledged,
and
moneys raised by taxation shall not be obligated or pledged,
for
the payment of bond service charges. Such holders or owners
shall
have no rights to payment of bond service charges from any
money
or property received by the
commission,
treasurer of state, or the
state, or from any other use of the
proceeds of the sale of the
obligations, and no such moneys may
be used for the payment of
bond service charges, except for
accrued interest, capitalized
interest, and reserves funded from
proceeds received upon the sale
of the obligations and except as
otherwise expressly provided in
the applicable bond proceedings
pursuant to written directions by
the treasurer of state. The
right of such holders and owners to
payment of bond service
charges shall be limited to all or that
portion of the pledged
receipts and those special funds pledged
thereto pursuant to the
bond proceedings in accordance with this
section, and each such
obligation shall bear on its face a
statement to that effect.
(D) Obligations shall be authorized by resolution or order
of the issuing authority and the bond proceedings shall provide
for the purpose thereof and the principal amount or amounts, and
shall provide for or authorize the manner or agency for
determining the principal maturity or maturities, not exceeding
the limits specified in section 3318.29 of the Revised Code, the
interest rate or rates or the maximum interest rate, the date of
the obligations and the dates of payment of interest thereon,
their denomination, and the establishment within or without the
state of a place or places of payment of bond service charges.
Sections 9.98 to 9.983 of the Revised Code are applicable to
obligations issued under this section, subject to any applicable
limitation under section 3318.29 of the Revised Code. The
purpose
of such obligations may be stated in the bond proceedings
in terms
describing the general purpose or purposes to be served.
The bond
proceedings shall also provide, subject to the
provisions of any
other applicable bond proceedings, for the
pledge of all, or such
part as the issuing authority may
determine, of the pledged
receipts and the applicable special
fund or funds to the payment
of bond service charges, which
pledges may be made either prior or
subordinate to other
expenses, claims, or payments, and may be
made to secure the
obligations on a parity with obligations
theretofore or
thereafter issued, if and to the extent provided in
the bond
proceedings. The pledged receipts and special funds so
pledged
and thereafter received by the state are immediately
subject to
the lien of such pledge without any physical delivery
thereof or
further act, and the lien of any such pledges is valid
and
binding against all parties having claims of any kind against
the
state or any governmental agency of the state, irrespective of
whether such parties have notice thereof, and shall create a
perfected security interest for all purposes of Chapter 1309. of
the Revised Code, without the necessity for separation or
delivery
of funds or for the filing or recording of the bond
proceedings by
which such pledge is created or any certificate,
statement or
other document with respect thereto; and the pledge
of such
pledged receipts and special funds is effective and the
money
therefrom and thereof may be applied to the purposes for
which
pledged without necessity for any act of appropriation,
except as
required by section 3770.06 of the Revised Code. Every
pledge,
and every covenant and agreement made with respect
thereto, made
in the bond proceedings may therein be extended to
the benefit of
the owners and holders of obligations authorized
by this section,
and to any trustee therefor, for the further
security of the
payment of the bond service charges.
(E) The bond proceedings may contain additional provisions
as to:
(1) The redemption of obligations prior to maturity at the
option of the issuing authority at such price or prices and under
such terms and conditions as are provided in the bond
proceedings;
(2) Other terms of the obligations;
(3) Limitations on the issuance of additional obligations;
(4) The terms of any trust agreement or indenture securing
the obligations or under which the same may be issued;
(5) The deposit, investment and application of special
funds, and the safeguarding of moneys on hand or on deposit,
without regard to Chapter 131., 133., or 135. of the Revised
Code,
but subject to any special provisions of sections 3318.21
to
3318.29 of the Revised Code, with respect to particular funds
or
moneys, provided that any bank or trust company that acts as
depository of any moneys in the special funds may furnish such
indemnifying bonds or may pledge such securities as required by
the issuing authority;
(6) Any or every provision of the bond proceedings being
binding upon such officer, board, commission, authority, agency,
department, or other person or body as may from time to time have
the authority under law to take such actions as may be necessary
to perform all or any part of the duty required by such
provision;
(7) Any provision that may be made in a trust agreement
or
indenture;
(8) The lease or sublease of any interest of the school
district or the state
in one or more projects as defined in
division (C) of section 3318.01 of the
Revised Code, or in one or
more permanent improvements, to or from the issuing
authority, as
provided in one or more lease or sublease agreements between the
school or the state and the issuing authority;
(9) Any other or additional agreements with the holders of
the obligations, or the trustee therefor, relating to the
obligations or the security therefor.
(F) The obligations may have the great seal of the state
or
a facsimile thereof affixed thereto or printed thereon. The
obligations and any coupons pertaining to obligations shall be
signed or bear the facsimile signature of the issuing authority.
Any obligations or coupons may be executed by the person who, on
the date of execution, is the proper issuing authority although
on
the date of such bonds or coupons such person was not the
issuing
authority. In case the issuing authority whose signature
or a
facsimile of whose signature appears on any such obligation
or
coupon ceases to be the issuing authority before delivery
thereof,
such signature or facsimile is nevertheless valid and
sufficient
for all purposes as if the issuing authority had
remained the
issuing
authority until such delivery; and in case the seal to be
affixed
to obligations has been changed after a facsimile of the
seal has
been imprinted on such obligations, such facsimile seal
shall
continue to be sufficient as to such obligations and
obligations
issued in substitution or exchange therefor.
(G) All obligations are negotiable instruments and
securities under Chapter 1308. of the Revised Code, subject to
the
provisions of the bond proceedings as to registration. The
obligations may be issued in coupon or in registered form, or
both, as the issuing authority determines. Provision may be made
for the registration of any obligations with coupons attached
thereto as to principal alone or as to both principal and
interest, their exchange for obligations so registered, and for
the conversion or reconversion into obligations with coupons
attached thereto of any obligations registered as to both
principal and interest, and for reasonable charges for such
registration, exchange, conversion, and reconversion.
(H) Obligations may be sold at public sale or at private
sale, as determined in the bond proceedings.
(I) Pending preparation of definitive obligations, the
issuing authority may issue interim receipts or certificates
which
shall be exchanged for such definitive obligations.
(J) In the discretion of the issuing authority,
obligations
may be secured additionally by a trust agreement or
indenture
between the issuing authority and a corporate trustee
which may be
any trust company or bank having its principal place
of business
within the state. Any such agreement or indenture
may contain the
resolution or order authorizing the issuance of
the obligations,
any provisions that may be contained in any bond
proceedings, and
other provisions that are customary or
appropriate in an agreement
or indenture of such type, including,
but not limited to:
(1) Maintenance of each pledge, trust agreement,
indenture,
or other instrument comprising part of the bond
proceedings until
the state has fully paid the bond service
charges on the
obligations secured thereby, or provision therefor
has been made;
(2) In the event of default in any payments required to be
made by the bond proceedings, or any other agreement of the
issuing authority made as a part of the contract under which the
obligations were issued, enforcement of such payments or
agreement
by mandamus, the appointment of a receiver, suit in
equity, action
at law, or any combination of the foregoing;
(3) The rights and remedies of the holders of obligations
and of the trustee, and provisions for protecting and enforcing
them, including limitations on rights of individual holders of
obligations;
(4) The replacement of any obligations that become
mutilated
or are destroyed, lost, or stolen;
(5) Such other provisions as the trustee and the issuing
authority agree upon, including limitations, conditions, or
qualifications relating to any of the foregoing.
(K) Any holder of obligations or a trustee under the bond
proceedings, except to the extent that the holder's or
trustee's
rights are restricted
by the bond proceedings, may by any suitable
form of legal
proceedings, protect and enforce any rights under
the laws of
this state or granted by such bond proceedings. Such
rights
include the right to compel the performance of all duties
of the
issuing authority, the commission, or
the director
of
budget and management required by sections 3318.21 to 3318.29
of
the Revised Code or the bond proceedings; to enjoin unlawful
activities; and in the event of default with respect to the
payment of any bond service charges on any obligations or in the
performance of any covenant or agreement on the part of the
issuing authority, the commission, or
the director
of budget and
management in the bond proceedings, to apply to a
court having
jurisdiction of the cause to appoint a receiver to
receive and
administer the pledged receipts and special funds,
other than
those in the custody of the treasurer of state or the
commission,
which are pledged to the
payment of the
bond service charges on
such obligations or which are the subject
of the covenant or
agreement, with full power to pay, and to
provide for payment of
bond service charges on, such obligations,
and with such powers,
subject to the direction of the court, as
are accorded receivers
in general equity cases, excluding any
power to pledge additional
revenues or receipts or other income
or moneys of the issuing
authority or the state or governmental
agencies of the state to
the payment of such principal and
interest and excluding the power
to take possession of, mortgage,
or cause the sale or otherwise
dispose of any permanent
improvement.
Each duty of the issuing authority and the issuing
authority's officers and employees, and of each governmental
agency and its officers, members, or employees, undertaken
pursuant to the bond proceedings or any agreement or loan made
under authority of sections 3318.21 to 3318.29 of the Revised
Code, and in every agreement by or with the issuing authority, is
hereby established as a duty of the issuing authority, and of
each
such officer, member, or employee having authority to
perform such
duty, specifically enjoined by the law resulting
from an office,
trust, or station within the meaning of section
2731.01 of the
Revised Code.
The person who is at the time the issuing authority, or the
issuing authority's officers or employees, are not liable in
their
personal capacities on any obligations issued by the
issuing
authority or any agreements of or with the issuing
authority.
(L) Obligations issued under this section are lawful
investments for banks, societies for savings, savings and loan
associations, deposit guarantee associations, trust companies,
trustees, fiduciaries, insurance companies, including domestic
for
life and domestic not for life, trustees or other officers
having
charge of sinking and bond retirement or other special
funds of
political subdivisions and taxing districts of this
state, the
commissioners of the sinking fund of the state, the
administrator
of workers' compensation,
the state teachers retirement system,
the public employees
retirement system, the school employees
retirement system, and
the Ohio police and fire pension fund,
notwithstanding any other provisions of the Revised Code or rules
adopted pursuant thereto by any governmental agency of the state
with respect to investments by them, and also are acceptable as
security for the deposit of public moneys.
(M) Unless otherwise provided in any applicable bond
proceedings, moneys to the credit of or in the special funds
established by or pursuant to this section may be invested by or
on behalf of the issuing authority only in notes, bonds, or other
obligations of the United States, or of any agency or
instrumentality of the United States,
obligations guaranteed as to
principal
and interest by the United States, obligations of this
state or
any political subdivision of this state, and certificates
of
deposit of
any national bank located in this state and any
bank, as defined
in section 1101.01 of the Revised Code, subject
to inspection by
the superintendent of financial institutions. If
the law
or the instrument
creating a trust pursuant to division
(J) of this section
expressly permits investment in direct
obligations of the United
States or an agency of the United
States,
unless expressly prohibited by the
instrument, such moneys
also may be invested in no front end load
money market mutual
funds consisting exclusively of obligations
of the United States
or an agency of the United States and in repurchase
agreements,
including those issued by the fiduciary itself,
secured by
obligations of the United States or an agency of the United
States;
and in collective investment funds established in
accordance with section
1111.14 of the Revised Code and consisting
exclusively
of any such securities,
notwithstanding division
(B)(1)(c) of that section. The
income from such
investments shall
be credited to such funds
as the issuing authority determines, and
such investments may be
sold at such times as the issuing
authority determines or
authorizes.
(N) Provision may be made in the applicable bond
proceedings
for the establishment of separate accounts in the
bond service
fund and for the application of such accounts only
to the
specified bond service charges on obligations pertinent to
such
accounts and bond service fund and for other accounts
therein
within the general purposes of such fund. Unless
otherwise
provided in any applicable bond proceedings, moneys to
the credit
of or in the several special funds established
pursuant to this
section shall be disbursed on the order of the
treasurer of state,
provided that no such order is required for
the payment from the
bond service fund when due of bond service
charges on obligations.
(O) The issuing authority may pledge all, or such portion
as
the issuing authority determines, of the pledged receipts to
the
payment of bond service charges on obligations issued under
this
section, and for the establishment and maintenance of any
reserves, as provided in the bond proceedings, and make other
provisions therein with respect to pledged receipts as authorized
by this chapter, which provisions shall be controlling
notwithstanding any other provisions of law pertaining thereto.
(P) The issuing authority may covenant in the bond
proceedings, and any such covenants shall be controlling
notwithstanding any other provision of law, that the state and
applicable officers and governmental agencies of the state,
including the general assembly, so long as any obligations
are
outstanding, shall:
(1) Maintain statutory authority for and cause to be
operated the state lottery, including the transfers to and from
the lottery profits education fund created in section 3770.06 of
the Revised Code so that the pledged receipts shall be sufficient
in amount to meet bond service charges, and the establishment and
maintenance of any reserves and other requirements provided for
in
the bond proceedings;
(2) Take or permit no action, by statute or otherwise,
that
would impair the exclusion from gross income for federal
income
tax purposes of the interest on any obligations designated
by the
bond proceeding as tax-exempt obligations.
(Q) There is hereby created the school building program
bond
service fund, which shall be in the custody of the treasurer
of
state but shall be separate and apart from and not a part of
the
state treasury. All moneys received by or on account of the
issuing authority or state agencies and required by the
applicable
bond proceedings, consistent with this section, to be
deposited,
transferred, or credited to the school building
program bond
service fund, and all other moneys transferred or
allocated to or
received for the purposes of the fund, shall be
deposited and
credited to such fund and to any separate accounts
therein,
subject to applicable provisions of the bond
proceedings, but
without necessity for any act of appropriation,
except as required
by section 3770.06 of the Revised Code. During the period
beginning with the date of the first issuance
of obligations and
continuing during such time as any such
obligations are
outstanding, and so long as moneys in the school
building program
bond service fund are insufficient to pay all
bond service charges
on such obligations becoming due in each
year, a sufficient amount
of the moneys from the lottery profits
education fund included in
pledged receipts, subject to
appropriation for such purpose as
provided in section 3770.06 of
the Revised Code, are committed and
shall be paid to the school
building program bond service fund in
each year for the purpose
of paying the bond service charges
becoming due in that year. The school
building program bond
service fund is a trust fund and
is hereby pledged to the payment
of bond service charges solely
on obligations issued to provide
moneys for the school building
program assistance fund to the
extent provided in the applicable
bond proceedings, and payment
thereof from such fund shall be
made or provided for by the
treasurer of state in accordance with
such bond proceedings
without necessity for any act of
appropriation except as required
by section 3770.06 of the
Revised Code.
(R) The obligations, the transfer thereof, and
the income
therefrom, including any profit made on the sale thereof,
at all
times shall be free from taxation within the state.
Sec. 3318.311.
Not less than six months after the effective
date
of this section, the Ohio
school facilities commission shall
present to the speaker of the house of
representatives, the
president of the senate, and the governor a proposal for
legislation to provide classroom facilities assistance to joint
vocational school districts.
Not later than six months after
the effective
date of this
section
September
14, 2000, the
Ohio school facilities
commission
shall establish design specifications for
classroom facilities
that are
appropriate for joint vocational education programs. The
specifications shall provide standards for appropriate pupil
instruction space but shall not include standards for any
vocational education furnishings or equipment that is not
comparable to, or
the vocational education equivalent of, the
furnishings or equipment for
which assistance is available to
other school districts under
sections 3318.01 to 3318.20 of the
Revised Code.
Beginning September 1, 2003, from time to time the commission
may amend the
specifications as determined necessary by the
commission; however,
any project under sections 3318.40 to 3318.45
of the Revised Code
approved by the commission prior to the most
recent amendment to
the specifications shall not be subject to the
provisions of such
amendment.
Sec. 3318.36. (A)(1) As used in this section:
(1)(a)
"Ohio school facilities commission,"
"classroom
facilities,"
"school district,"
"school district board,"
"net
bonded indebtedness,"
"required percentage of the basic project
costs,"
"basic project cost,"
"valuation," and
"percentile" have
the same meanings as in section
3318.01 of the Revised Code.
(2)(b)
"Required level of indebtedness" means five per cent
of
the
school district's valuation for the year preceding the year
in
which the
commission and school district enter into an
agreement
under division
(B) of this section, plus [two
one-hundredths of
one per cent multiplied by (the percentile in
which the
district
ranks
in the fiscal year the commission and the
school district
enter
into such agreement minus one)].
(3)(c)
"Local resources" means any moneys generated in any
manner
permitted for a school district board to raise the school
district portion of
a project undertaken
with assistance under
sections 3318.01 to 3318.20 of the Revised
Code.
(2) For purposes of determining either the required level of
indebtedness, as defined in division (A)(1)(b) of this section, or
the required percentage of the basic project costs, under division
(C)(1) of this section, the percentile ranking of a school
district with which the commission has entered into an agreement
under this section between the first day of July and the
thirty-first day of August in each fiscal year is the percentile
ranking
calculated for that district for the immediately preceding
fiscal year,
and the percentile ranking of a school district with
which the
commission has entered into such agreement between the
first day
of September and the thirtieth day of June in each
fiscal year is
the percentile ranking calculated for that district
for the
current fiscal year.
(B)(1) There is hereby established the school building
assistance
expedited local partnership program. Under the
program, the Ohio
school facilities commission may enter into an
agreement with the school
district board of any
school district
under which the
school district board may proceed with the new
construction or major repairs
of a part of
the school district's
classroom facilities needs, as determined under sections
3318.01
to 3318.20 of the Revised Code, through the expenditure
of local
resources prior to the school district's eligibility for
state
assistance under sections 3318.01 to 3318.20 of the Revised
Code
and may apply that expenditure toward meeting
the school
district's portion of the basic project cost of the total of the
school
district's classroom facilities needs, as determined under
sections 3318.01 to
3318.20 of the Revised Code and as
recalculated under division (E) of this
section, that are eligible
for state assistance under sections
3318.01 to 3318.20 of the
Revised Code when the school
district becomes eligible for such
state assistance.
Any school district that is reasonably expected
to receive assistance under
sections 3318.01 to 3318.20
of the
Revised Code within two fiscal years from the date the
school
district adopts its resolution under division (B) of this
section
shall not be eligible to participate in the program.
(2) To participate in the program, a school district board
shall
first
adopt a resolution certifying to the commission the
board's intent to
participate in the program.
The resolution shall specify the approximate date that the
board
intends to seek elector approval of any bond or tax measures
or to apply other local
resources to use to pay the cost of
classroom facilities to be constructed under this section.
The
resolution may specify the application of local
resources
or
elector-approved bond or tax measures after the
resolution is
adopted by the board, and in
such case the board may
proceed with
a discrete portion of its project under this
section
as soon as
the commission and the controlling board have
approved
the basic
project cost of the district's classroom
facilities
needs as
specified in division (D) of this section. The board
shall submit
its resolution to the commission not later than ten
days after the
date the resolution is adopted by the board.
The commission shall not consider any resolution that is
submitted
pursuant to division (B)(2) of this section, as amended
by this
amendment, sooner than
September
14, 2000.
(3) Any project under this section shall comply with section
3318.03
of the Revised Code and with any specifications for plans
and materials for classroom facilities adopted by the commission
under
section 3318.04 of the Revised Code.
(4) If a school district that enters into an agreement
under
this section has not begun a project applying local
resources as
provided for under that agreement at the time the
district is
notified by the commission that it is eligible to
receive state
assistance under sections 3318.01 to 3318.20 of the
Revised Code,
all assessment and agreement documents entered into
under this
section are void.
(5) Only construction of or repairs to classroom facilities
that have been approved by the commission and have been therefore
included as part of a district's basic project cost qualify for
application of local resources under this section.
(C) Based on the results of the
on-site visits and
assessment conducted under division (B)(2) of
this section, the
commission shall determine the basic
project cost of the school
district's classroom
facilities needs. The commission shall
determine the school
district's portion of such basic project
cost, which shall be the
greater of:
(1) The required percentage of the basic project costs,
determined based on the school district's percentile ranking in
the fiscal
year the commission and the school district enter into
the agreement under
division (B) of this section;
(2) An amount necessary to raise the school district's net
bonded
indebtedness, as of the fiscal year the commission and the
school district
enter into the agreement under division (B) of
this section, to
within five thousand dollars of the required
level of indebtedness.
(D)(1) When the commission determines the basic project cost
of
the classroom facilities needs of a school district and the
school district's
portion of that basic
project cost under
division (C) of this section,
the project shall be conditionally
approved. Such conditional
approval shall be submitted to the
controlling board for approval
thereof. The controlling board
shall forthwith approve or reject the
commission's determination,
conditional approval, and the amount
of the state's portion of the
basic project cost; however, no
state funds shall be encumbered
under this section. Upon approval
by the controlling board, the
school
district board may identify a discrete part of its
classroom facilities needs,
which shall include only new
construction of or additions or major repairs to
a particular
building, to address with local resources. Upon
identifying a
part of the school district's basic project cost to
address with
local resources, the school district board may
allocate any
available school district moneys to pay the cost of
that
identified part, including the proceeds of an issuance of bonds if
approved by
the electors of the school district.
All local resources utilized under this division shall first
be deposited
in the project construction account required under
section 3318.08 of the
Revised Code.
(2) Unless the school district board exercises its option
under
division (D)(3) of this section, for a school district to
qualify
for participation in the
program authorized under this
section,
one of the following conditions shall be
satisfied:
(a) The electors of the school
district by a majority vote
shall approve the levy of taxes outside the
ten-mill limitation
for a period of twenty-three
years
at the rate of not less than
one-half mill for each dollar of valuation
to be
used to pay the
cost of maintaining the classroom facilities
included in the basic
project cost as determined by the commission.
The form
of the
ballot to be used to
submit the question whether to approve the
tax required under this
division to the electors of the school
district shall be the form
for an additional levy of taxes
prescribed in
section 3318.361 of the Revised Code, which may be
combined in a single ballot question with the questions prescribed
under section 5705.218 of the Revised Code.
(b) As
authorized under division (C) of section 3318.05 of
the
Revised Code, the school district
board shall earmark
from the
proceeds of a permanent improvement tax levied
under
section
5705.21
of the Revised Code, an amount equivalent to the
additional
tax
otherwise required
under division (D)(2)(a) of this
section for
the maintenance of
the classroom facilities included
in the basic project cost
as
determined by the commission.
(c) The school district board shall apply the proceeds of a
tax to leverage bonds as authorized under section 3318.052 of the
Revised Code or dedicate a local donated contribution in the
manner described in division (B) of section 3318.084 of the
Revised Code in an amount equivalent to the additional tax
otherwise required under division (D)(2)(a) of this section for
the maintenance of the classroom facilities included in the basic
project cost as determined by the commission.
(3) A school district board may opt to delay levying the
additional tax required under division (D)(2)(a)
of this section
or earmarking of the proceeds of a permanent improvement tax
alternatively required under division (D)(2)(b) of
this section
until such time as the school district becomes eligible for state
assistance under sections 3318.01 to 3318.20 of the Revised
Code.
In order to exercise its option under this division, the
board
shall certify to the commission a resolution indicating the
board's
intent to do so prior to
entering into an agreement under
division (B) of this section.
(4) If pursuant to division (D)(3) of this section a
district
board
opts to delay levying an additional tax until the
district becomes eligible
for state assistance, it shall submit
the question of levying
that tax to the district electors as
follows:
(a) In accordance with section 3318.06 of the Revised
Code
if it
will also be necessary pursuant to division (E) of this
section to
submit a proposal for approval of a bond issue;
(b) In accordance with section 3318.361 of the Revised
Code
if it
is not necessary to also submit a proposal for approval of a
bond issue
pursuant to division (E) of this section.
(5) No
state assistance under sections 3318.01 to 3318.20 of
the Revised
Code shall be released until a school district
board
that adopts and certifies a resolution under this division either
has levied the additional tax or has earmarked the proceeds of a
tax as
specified in division (D) of this section.
Any amount required for maintenance under division (D)(2) of
this section
shall be deposited into a separate fund as specified
in division (B) of section 3318.05 of the Revised Code.
(E)(1) If the school district becomes eligible for state
assistance under sections 3318.01 to 3318.20 of the Revised
Code
based on its percentile ranking as determined under division
(B)
of this
section, the commission shall conduct a new assessment of
the school
district's classroom facilities needs and shall
recalculate the basic project
cost based on this new assessment.
The basic project cost recalculated under
this division shall
include the amount of expenditures made by the school
district
board under division (D)(1) of this section. The commission
shall
then recalculate the school district's portion of the new basic
project
cost, which shall be the
percentage of the original basic
project cost
assigned
to the school district as its portion under
division (C) of this
section. The commission shall deduct the
expenditure of school
district moneys made under division (D)(1)
of this section
from the school district's portion of the basic
project cost as recalculated
under this division. If the amount
of
school district resources applied by the school district board
to the school
district's portion of
the basic project cost under
this section is less than the total
amount of such portion as
recalculated under this division, the school
district board by a
majority vote of all of its members shall, if
it desires to seek
state assistance under sections 3318.01 to
3318.20 of the Revised
Code, adopt a resolution as specified in
section 3318.06 of the
Revised Code to submit to the electors of
the school district the
question of approval of a bond issue in order to pay
any
additional amount of school district portion
required for state
assistance. Any tax levy approved under
division
(D) of this
section
satisfies the requirements to levy the
additional tax
under section 3318.06 of the Revised Code.
(2) If the amount of school district resources applied by
the school
district board to the school district's portion of the
basic project
cost under this section is more than the total
amount of such
portion as recalculated under this division, within
one year after the
school district's portion is recalculated under
division (E)(1) of
this section the commission may
grant to the
school district the difference between
the two
calculated
portions, but at no time shall the commission expend
any state
funds on a project in an amount greater than the state's
portion
of the basic project cost as recalculated under this
division.
Any reimbursement under this division shall be only for local
resources the school district has applied toward construction cost
expenditures for the classroom facilities approved by the
commission,
which shall not include any financing costs associated
with that
construction.
The school district board shall use any moneys reimbursed to
the
district under this division to pay off any debt service the
district
owes for classroom facilities constructed under its
project under this
section before such moneys are applied to any
other purpose.
Sec. 3318.40. (A)(1) Sections 3318.40 to 3318.45 of the
Revised Code apply only to joint vocational school districts.
(2) As used in sections 3318.40 to 3318.45 of the Revised
Code:
(a) "Ohio school facilities commission," "classroom
facilities," "project," and "basic project cost" have the same
meanings as in section 3318.01 of the Revised Code.
(b) "Acquisition of classroom facilities" means
constructing, reconstructing, repairing, or making additions to
classroom facilities.
(B) There is hereby established the vocational school
facilities
assistance program. Under the program, the Ohio school
facilities commission shall provide assistance to
joint
vocational school districts for the acquisition of
classroom
facilities suitable to the vocational education programs
of the
districts in accordance with sections 3318.40 to
3318.45 of the
Revised Code. For purposes of the program, beginning July 1,
2003, the
commission annually may set aside up to two per cent of
the
aggregate amount appropriated to it for classroom facilities
assistance projects in the education facilities trust fund,
established under section 183.26 of the Revised Code; the public
school building fund, established under section 3318.15 of the
Revised Code; and the school building program assistance fund,
established under section 3318.25 of the Revised Code.
(C) The commission shall not provide assistance for any
distinct part of a project under sections 3318.40 to 3318.45 of
the Revised Code that when completed will be used exclusively for
an adult education program or exclusively for operation of a
driver training
school for instruction leading to the issuance of
a commercial
driver's license under Chapter 4506. of the Revised
Code, except
for life safety items and basic building components
necessary for
complete and continuous construction or renovation
of a classroom
facility as determined by the commission.
(D) The commission shall not provide assistance under
sections 3318.40 to 3318.45 of the Revised Code to acquire
classroom facilities for vocational educational instruction at a
location under the control of a school district that is a member
of a joint vocational school district. Any assistance to acquire
classroom facilities for vocational educational instruction at
such location shall be provided to the school district that is a
member of the joint vocational school district through other
provisions of this chapter when that member school district is
eligible for assistance under those provisions.
(E) By September 1, 2003, the commission shall assess the
classroom facilities needs of at least five joint vocational
school districts, according to the order of priority prescribed in
division (B) of section 3318.42 of the Revised Code, and based on
the results of those assessments shall determine the extent to
which amendments to the specifications adopted under section
3318.311 of the Revised Code are warranted. The commission,
thereafter, may amend the specifications as provided in that
section.
(F) After the commission has conducted the assessments
prescribed in division (E) of this section, the commission shall
establish, by rule adopted in accordance with section 111.15 of
the Revised Code, guidelines for the commission to use in deciding
whether to waive compliance with the design specifications adopted
under section 3318.311 of the Revised Code when determining the
number of facilities and the basic project cost of projects as
prescribed in division (A)(1)(a) of section 3318.41 of the Revised
Code. The guidelines shall address the following situations:
(1) Under what circumstances, if any, particular classroom
facilities
are adequate to meet the needs of the school district
even though
the facilities do not comply with the specifications
adopted under
section 3318.311 of the Revised Code;
(2) Under what circumstances, if any, particular classroom
facilities
will be renovated or repaired rather than replaced by
construction
of new facilities.
Sec. 3318.41. (A)(1) The Ohio school facilities commission
annually shall assess the classroom facilities needs of the number
of joint vocational school districts that the commission
reasonably expects to be able to provide assistance to in a fiscal
year, based on the amount set aside for that fiscal year under
division (B) of section 3318.40 of the Revised Code and the order
of priority prescribed in division (B) of section 3318.42 of the
Revised Code, except that in fiscal year 2004 the commission shall
conduct at least the five assessments prescribed in division (E)
of section 3318.40 of the Revised Code.
Upon
conducting an
assessment of the
classroom facilities
needs of a school
district, the commission
shall make a
determination of all of the
following:
(a) The number of classroom
facilities to be included in
a project, including classroom
facilities authorized by a bond
issue described in section
3318.033 of the Revised Code, and the
basic project cost of
acquiring the classroom facilities included
in the project. The number of facilities and basic project cost
shall be determined in accordance with the specifications adopted
under section 3318.311 of the Revised Code except to the extent
that compliance with such specifications is waived by the
commission pursuant to the rule of the commission adopted under
division (F) of section 3318.40 of the Revised Code.
(b) The school district's portion of the basic project cost
as determined under division (C) of section 3318.42 of the Revised
Code;
(c) The remaining portion of the basic project cost that
shall be supplied by the state;
(d) The amount of the state's portion of the basic project
cost to be encumbered in accordance with section 3318.11 of the
Revised Code in the current and subsequent fiscal bienniums from
funds set aside under division (B) of section 3318.40 of the
Revised Code.
(2) Divisions (A), (C), and (D) of section 3318.03 of the
Revised Code apply to any project under sections 3318.40 to
3318.45 of the Revised Code.
(B)(1) If the commission makes a determination under
division (A) of this section in favor of the acquisition of
classroom facilities for a project under sections 3318.40 to
3318.45 of the Revised Code, such project shall be conditionally
approved. Such conditional approval shall be submitted to the
controlling board for approval. The controlling board shall
immediately approve or reject the commission's determination,
conditional approval, the amount of the state's portion of the
basic project cost, and the amount of the state's portion of the
basic project cost to be encumbered in the current fiscal
biennium. In the event of approval by the controlling board, the
commission shall certify the conditional approval to the joint
vocational school district board of education and shall encumber
the approved funds for the current fiscal year.
(2) No school district that receives assistance under
sections 3318.40 to 3318.45 of the Revised Code shall have another
such project conditionally approved until the expiration of twenty
years after the school district's prior project was conditionally
approved, unless the school district board demonstrates to the
satisfaction of the commission that the school district has
experienced since conditional approval of its prior project an
exceptional increase in enrollment or program requirements
significantly above the school district's design capacity under
that prior project as determined by rule of the commission. Any
rule adopted by the commission to implement this division shall be
tailored to address the classroom facilities needs of joint
vocational school districts.
(C) In addition to generating the amount of the school
district's portion of the basic project cost as determined under
division (C) of section 3318.42 of the Revised Code, in order for
a school district to receive assistance under sections 3318.40 to
3318.45 of the Revised Code, the school district board shall set
aside school district moneys for the maintenance of the classroom
facilities included in the school district's project in the amount
and manner prescribed in section 3318.43 of the Revised Code.
(D)(1) The conditional approval for a project certified
under division (B)(1) of this section shall lapse and the amount
reserved and encumbered for such project shall be released unless
both of the following conditions are satisfied:
(a) Within one hundred twenty days following the date of
certification of the conditional approval to the joint vocational
school district board, the school district board accepts the
conditional approval and certifies to the commission the school
district board's plan to generate the school district's portion of
the basic project cost, as determined under division (C) of
section 3318.42 of the Revised Code, and to set aside moneys for
maintenance of the classroom facilities acquired under the
project, as prescribed in section 3318.43 of the Revised Code.
(b) Within one year following the date of certification of
the conditional approval to the school district board, the
electors of the school district vote favorably on any ballot
measures proposed by the school district board to generate the
school district's portion of the basic project cost.
(2) If the school district board or electors fail to
satisfy the conditions prescribed in division (D)(1) of this
section and the amount reserved and encumbered for the school
district's project is released, the school district shall be given
first priority over other joint vocational school districts for
project funding under sections 3318.40 to 3318.45 of the Revised
Code as such funds become available.
(E) If the conditions prescribed in division (D)(1) of this
section are satisfied, the commission and the school district
board shall enter into an agreement as prescribed in section
3318.08 of the Revised Code and shall proceed with the development
of plans, cost estimates, designs, drawings, and specifications as
prescribed in section 3318.091 of the Revised Code.
(F) Costs in excess of those approved by the commission
under section 3318.091 of the Revised Code shall be payable only
as provided in sections 3318.042 and 3318.083 of the Revised Code.
(G) Advertisement for bids and the award of contracts for
construction of any project under sections 3318.40 to 3318.45 of
the Revised Code shall be conducted in accordance with section
3318.10 of the Revised Code.
(H) The state funds reserved and encumbered and the funds
provided by the school district to pay the basic project cost of a
project under sections 3318.40 to 3318.45 of the Revised Code
shall be spent simultaneously in proportion to the state's and the
school district's respective portions of that basic project cost.
(I) Sections 3318.13, 3318.14, and 3318.16 of the Revised
Code apply to projects under sections 3318.40 to 3318.45 of the
Revised Code.
Sec. 3318.42. (A) Not later than the sixty-first day after
the effective date of this section, and subsequently not later
than the sixty-first day after the first day of each ensuing
fiscal year, the department of education
shall
do all of the
following:
(1) Calculate the valuation per pupil of each joint
vocational school district according to the following formula:
The school district's average taxable value divided by theschool district's formula ADM reported under section3317.03 of the Revised Code for the previous fiscal year.
For purposes of this calculation:
(a) "Average taxable value" means the average of the
amounts certified for a school district in the second, third, and
fourth preceding tax years under divisions (A)(1) and (2) of
section 3317.021 of the Revised Code.
(b) "Formula ADM" has the same meaning as defined in
section 3317.02 of the Revised Code.
(2) Calculate for each school district the three-year
average of the valuations per pupil calculated for the school
district for the current and two preceding fiscal years;
(3) Rank all joint vocational school districts in order
from the school district with the lowest three-year average
valuation per pupil to the school district with the highest
three-year average valuation per pupil;
(4) Divide the ranking under division (A)(3) of this
section into percentiles with the first percentile containing the
one per cent of school districts having the lowest three-year
average valuations per pupil and the one-hundredth percentile
containing the one per cent of school districts having the highest
three-year average valuations per pupil;
(5) Certify the information described in divisions (A)(1)
to (4) of this section to the Ohio school facilities commission.
(B) The commission annually shall select school districts
for
assistance under sections 3318.40 to 3318.45 of the Revised
Code
in the order of the school districts' three-year average
valuations per pupil such that the school district with the lowest
three-year average valuation per pupil shall be given the highest
priority for assistance.
(C) Each joint vocational school district's portion of
the basic project
cost of the school district's project under
sections 3318.40 to
3318.45 of the Revised Code shall be one per
cent times the
percentile in which the district ranks, except that
no school
district's portion shall be less than twenty-five per
cent or
greater than ninety-five per cent of the basic project
cost.
Sec. 3318.43. Each year for twenty-three successive years
after the commencement of a joint vocational school district's
project under sections 3318.40 to 3318.45 of the Revised Code, the
board of education of that school district shall deposit into a
separate maintenance account or into the school district's capital
and maintenance fund established under section 3315.18 of the
Revised Code, school district moneys dedicated to maintenance of
the classroom facilities acquired under sections 3318.40 to
3318.45 of the Revised Code in an amount equal to one and one-half
of one per cent of the current insurance value of the classroom
facilities acquired under the project, which value shall be
subject to the approval of the Ohio school facilities commission.
Sec. 3318.44. (A) A joint vocational school district board
of education may generate the school district's portion of the
basic project cost of its project under sections 3318.40 to
3318.45 of the Revised Code using any combination of the following
means if lawfully employed for the acquisition of classroom
facilities:
(1) The issuance of securities in accordance with Chapter
133. and section 3311.20 of the Revised Code;
(2) Local donated contributions as authorized under section
3318.084 of the Revised Code;
(3) A levy for permanent improvements under section 3311.21
or 5705.21 of the Revised Code;
(4) Bonds issued pursuant to division (B) of this
section.
(B) By resolution adopted by a majority of all its members,
a school district board in order to pay all or part of the school
district's portion of its basic project cost may apply the
proceeds of a tax levied under section 5705.21 of the Revised Code
to general ongoing permanent improvements if the proceeds of that
levy lawfully may be used for general construction, renovation,
repair, or maintenance of classroom facilities to leverage bonds
adequate to pay all or part of the school district portion of the
basic project cost of the school district's project under sections
3318.40 to 3318.45 of the Revised Code or to generate an amount
equivalent to all or part of the amount required under section
3318.43 of the Revised Code to be used for maintenance of
classroom facilities acquired under the project. Bonds issued
under this division shall be Chapter 133. securities, but the
issuance of the bonds shall not be subject to a vote of the
electors of the school district as long as the tax proceeds
earmarked for payment of the service charges on the bonds may
lawfully be used for that purpose.
No state moneys shall be released for a project to which
this division applies until the proceeds of any bonds issued under
this division that are dedicated for payment of the school
district's portion of the basic project cost are first deposited
into the school district's project construction fund.
(C) A school district board of education may adopt a
resolution proposing that any of the following questions be
combined with a question specified in section 3318.45 of the
Revised Code:
(1) A bond issue question under section 133.18 of the
Revised Code;
(2) A tax levy question under section 3311.21 of the
Revised Code;
(3) A tax levy question under section 5705.21 of the
Revised Code.
Any question described in divisions (C)(1) to (3) of this
section that is combined with a question proposed under section
3318.45 of the Revised Code shall be for the purpose of either
paying for any permanent improvement, as defined in section 133.01
of the Revised Code, or generating operating revenue specifically
for the facilities acquired under the school district's project
under Chapter 3318. of the Revised Code or for both to the extent
such purposes are permitted by the sections of law under which
each is proposed.
(D) The board of education of a joint vocational school
district that receives assistance under this section may enter
into an agreement for joint issuance of bonds as provided for in
section 3318.085 of the Revised Code.
Sec. 3318.45. (A) Unless division (B) of section 3318.44 of
the Revised Code applies, if a joint vocational school district
board of education proposes to issue securities to generate all or
part of the school district's portion of the basic project cost of
the school district's project under sections 3318.40 to 3318.45 of
the Revised Code, the school district board shall adopt a
resolution in accordance with Chapter 133. and section 3311.20 of
the Revised Code. Unless the school district board seeks authority
to issue securities in more than one series, the school district
board shall adopt the form of the ballot prescribed in section
133.18 of the Revised Code.
(B) If authority is sought to issue bonds
in more than one
series, the form of the ballot shall be:
"Shall bonds be issued by the .......... (here insert name
of
joint vocational
school district) joint vocational school district
to pay the local share of
school
construction under the State of
Ohio Joint Vocational School Facilities
Assistance
Program in the
total
principal amount of ..........
(total
principal amount of
the bond
issue), to be issued in ......
(number of series) series,
each
series to be repaid annually over
not more than ......
(maximum
number of years over which the
principal of each series
may be
paid) years, and an annual levy of
property taxes be made
outside
the ten-mill limitation to pay the
annual debt charges on
the
bonds and on any notes issued in
anticipation of the bonds, at
a
rate estimated by the county
auditor to average over the
repayment
period of each series as
follows: .......... [insert
the
following for each series: "the
.......... series, in a
principal
amount of .......... dollars,
requiring ...... mills per
dollar of
tax valuation, which amount
to ...... (rate expressed in
cents or
dollars and cents, such as
"36 cents" or "$1.41") for
each one
hundred dollars in tax
valuation, commencing in
.......... and
first payable in
.........."]?
|
|
For the bond issue |
|
|
|
Against the bond issue |
" |
(C) If it is necessary for the school district to acquire a
site for the classroom facilities to be acquired pursuant to
sections 3318.40 to 3318.45 of the Revised Code, the district
board may propose either to issue bonds of the board or to levy a
tax to pay for the acquisition of such site and may combine the
question of doing so with the question specified by reference in
division (A)
of this section or the question specified in division
(B) of this section. Bonds issued under this division for the
purpose
of acquiring a site are a general obligation of the school
district and are Chapter 133. securities.
The form of that portion of the ballot to include the
question of either
issuing bonds or levying a tax for site
acquisition purposes shall be one of
the following:
(1) "Shall bonds be issued by the
............ (here insert
name of the joint vocational school district) joint vocational
school district
to pay costs of
acquiring a site for classroom
facilities
under the State of Ohio Joint
Vocational
School
Facilities
Assistance Program
in the principal amount of
.......... (here
insert principal amount of
the bond issue), to be
repaid annually
over a maximum period of ..........
(here insert
maximum
number of
years over which the principal of the bonds may
be paid) years,
and
an annual levy of property taxes be made
outside the ten-mill
limitation,
estimated by the county auditor
to average over the
repayment period of the
bond issue ..........
(here insert number
of mills) mills for each one
dollar of tax
valuation, which amount
to .......... (here insert rate
expressed
in cents or dollars and
cents, such as "thirty-six
cents" or
"$0.36") for each one hundred
dollars of valuation
to pay the
annual debt charges on the bonds
and to pay debt charges on any
notes issued in anticipation of the
bonds?"
(2) "Shall an additional levy of taxes outside the ten-mill
limitation
be made for the benefit of the .......... (here insert
name of the joint vocational
school district) joint vocational
school district for the
purpose of
acquiring a site for classroom
facilities in the sum of
.........
(here insert annual amount the
levy is to produce)
estimated by the
county auditor to average
........
(here insert
number of mills) mills for each one hundred
dollars of
valuation, which amount to ......... (here insert rate
expressed in cents or dollars and cents, such as "thirty-six
cents" or "$0.36") for each one hundred dollars of valuation,
for
a
period of ......... (here insert
number of years the millage
is
to be
imposed) years?"
Where it is necessary to combine the question of issuing
bonds of the joint vocational school
district as described in
division
(A) of this section with
the question of issuing
bonds
of
the school district for acquisition of a
site, the
question
specified in
that division
to be
voted on
shall be
"For the bond
issues" and
"Against the
bond
issues."
Where it is necessary to combine the question of issuing
bonds of the joint vocational school
district as described in
division
(A) of this section with
the question of levying a
tax
for the acquisition of a site, the question
specified in
that
division
to be voted on shall be "For the
bond
issue
and the tax
levy" and "Against the bond issue and the tax
levy."
(D) Where the school district board chooses to combine a
question specified in this section with any of the
additional
questions described in division (C) of section
3318.44 of the
Revised Code, the question to be voted on shall be "For the bond
issues
and the tax levies" and "Against the bond issues and the
tax
levies."
(E) If a majority of those voting upon a proposition
prescribed in this section which includes the question of issuing
bonds vote in favor of that issuance and if the agreement
prescribed in section 3318.08 of the Revised Code has been entered
into, the school district board may proceed under Chapter 133. of
the Revised Code with the issuance of bonds or bond anticipation
notes in accordance with the terms of the agreement.
Sec. 3318.46. By rule adopted in accordance with section
111.15 of the Revised Code, the Ohio school facilities commission
shall establish a program whereby the board of education of any
joint vocational school district may enter into an agreement with
the commission under which the board may proceed with the new
construction or major repairs of a part of the school district's
classroom facilities needs, as determined under sections 3318.40
to 3318.45 of the Revised Code, through the expenditure of local
resources prior to the school district's eligibility for state
assistance under sections 3318.40 to 3318.45 of the Revised Code.
The program shall be structured in a manner similar to the program
established under section 3318.36 of the Revised Code. The
program shall be operational on July 1, 2004.
Sec. 3354.16. (A) When the board of trustees of a
community
college district has by resolution determined to let by
contract
the work of improvements pursuant to the official plan
of such
district, contracts in amounts exceeding a dollar amount
set by
the board, which dollar amount shall not exceed
fifteen
fifty
thousand dollars, shall be advertised after
notices calling for
bids have been published once a week for three consecutive weeks,
in at least one newspaper of general circulation within the
community college district wherein the work is to be done.
Subject to section 3354.10 of the Revised Code, the
board of
trustees of the district may let such contract to the lowest
responsive and responsible bidder, in accordance with section
9.312 of the Revised Code, who meets the requirements of section
153.54 of the Revised Code. Such contract shall be in writing
and
shall be accompanied by or shall refer to plans and
specifications
for the work to be done. Such contract shall be
approved by the
board of trustees and signed by the president of
the board and by
the contractor.
(B) On
January 1, 1996, and the first day of January of
every even-numbered year
thereafter, the chancellor of the board
of regents shall adjust the
fifteen
fifty thousand dollar contract
limit set forth in division (A) of this section, as adjusted in
any previous year pursuant to this division. The chancellor
shall
adjust the limit according to the average increase or
decrease for
each of the two years immediately preceding the
adjustment as set
forth in the United States department of
commerce, bureau of the
census implicit price deflator for
construction, provided that no
increase or decrease for any year
shall exceed three per cent of
the contract limit in existence at
the time of the adjustment.
Notwithstanding division (A) of this
section, the limit adjusted
under this division shall be used
thereafter in lieu of the limit
in division (A) of this section.
(C) Before
entering into an improvement pursuant to division
(A) of this
section, the board of trustees of a community college
district shall require
separate and distinct proposals to be made
for furnishing materials or doing
work on the improvement, or
both, in the board's discretion, for each separate
and distinct
branch or class of work entering into the improvement. The board
of trustees also may require a
single, combined proposal for the
entire project for materials or doing work,
or both, in the
board's discretion, that includes each separate and distinct
branch or class of work entering into the improvement.
The board
of trustees need not solicit separate proposals for a branch or
class of work for an improvement if the estimate cost for that
branch or class
of work is less than five thousand dollars.
(D) When more than one branch or class of work is required,
no
contract for the entire job, or for a
greater portion thereof
than is embraced in one such branch or class of work
shall be
awarded, unless the separate bids do not cover all the work and
materials required or the bids for the whole or
for two or more
kinds of work or materials are lower than the separate bids
in the
aggregate. The board of trustees need not award separate
contracts for
a branch or class of work entering into an
improvement if the estimated cost
for that branch or class of work
is less than five thousand dollars.
Sec. 3355.12. (A) When the managing authority of the
university branch district has determined to let by contract the
work of improvements, contracts in amounts exceeding a dollar
amount set by the managing authority, which dollar amount shall
not exceed
fifteen
fifty thousand dollars, shall be advertised
after notices calling for bids have been
published once a week for
three consecutive weeks, in at least one newspaper of general
circulation within the university branch district wherein the
work
is to be done. Such
managing authority may let such
contract to
the lowest responsive and responsible bidder, in
accordance with
section 9.312 of the Revised Code, who meets the
requirements of
section 153.54 of the Revised Code. Such
contract shall be in
writing and shall be accompanied by or shall
refer to plans and
specifications for the work to be done. Such
contract shall be
approved by the managing authority of the
university branch
district and signed by the
chairman
chairperson or
vice-chairman
vice-chairperson of the managing authority and by
the contractor.
(B) On
January 1, 1996, and the first day of January of
every even-numbered year
thereafter, the chancellor of the board
of regents shall adjust the
fifteen
fifty thousand dollar contract
limit set forth in division (A) of this section, as adjusted in
any previous year pursuant to this division. The chancellor
shall
adjust the limit according to the average increase or
decrease for
each of the two years immediately preceding the
adjustment as set
forth in the United States department of
commerce, bureau of the
census implicit price deflator for
construction, provided that no
increase or decrease for any year
shall exceed three per cent of
the contract limit in existence at
the time of the adjustment.
Notwithstanding division (A) of this
section, the limit adjusted
under this division shall be used
thereafter in lieu of the limit
in division (A) of this section.
(C) Before entering into an improvement pursuant to division
(A) of this
section, the managing authority of the university
branch district shall
require
separate and distinct proposals to
be made for furnishing materials or doing
work on the improvement,
or both, in the board's discretion, for each separate
and distinct
branch or class of work entering into the improvement. The
managing authority also may require a
single, combined proposal
for the entire project for materials or doing work,
or both, in
the board's discretion, that includes each separate and distinct
branch or class of work entering into the improvement. The
managing authority
need not solicit separate proposals for a
branch or
class of work for an improvement if the estimate cost
for that branch or class
of work is less than five thousand
dollars.
(D) When more than one branch or class of work is required,
no
contract for the entire job, or for a
greater portion thereof
than is embraced in one such branch or class of work
shall be
awarded, unless the separate bids do not cover all the work and
materials required or the bids for the whole or
for two or more
kinds of work or materials are lower than the separate bids
in the
aggregate. The managing authority need not award separate
contracts
for a branch or class of work entering into an
improvement if the estimated
cost for that branch or class of work
is less than five thousand dollars.
Sec. 3357.16. (A) When the board of trustees of a
technical
college district has by resolution determined to let by
contract
the work of improvements pursuant to the official plan
of such
district, contracts in amounts exceeding a dollar amount
set by
the board, which dollar amount shall not exceed
fifteen
fifty
thousand dollars, shall be advertised
after notice calling for
bids has been published once a week for three consecutive weeks,
in at least one newspaper of general circulation within the
technical college district where the work is to be done.
The
board of trustees of the technical college district may let such
contract to the lowest responsive and responsible bidder, in
accordance with section 9.312 of the Revised Code, who meets the
requirements of section 153.54 of the Revised Code. Such
contract
shall be in writing and shall be accompanied by or shall
refer to
plans and specifications for the work to be done. Such
contract
shall be approved by the board of trustees and signed by
the
president of the board and by the contractor.
(B) On
January 1, 1996, and the first day of January of
every even-numbered year
thereafter, the chancellor of the board
of regents shall adjust the
fifteen
fifty thousand dollar contract
limit set forth in division (A) of this section, as adjusted in
any previous year pursuant to this division. The chancellor
shall
adjust the limit according to the average increase or
decrease for
each of the two years immediately preceding the
adjustment as set
forth in the United States department of
commerce, bureau of the
census implicit price deflator for
construction, provided that no
increase or decrease for any year
shall exceed three per cent of
the contract limit in existence at
the time of the adjustment.
Notwithstanding division (A) of this
section, the limit adjusted
under this division shall be used
thereafter in lieu of the limit
in division (A) of this section.
(C) Before
entering into an improvement pursuant to division
(A) of this
section, the board of trustees of a technical college
district shall require
separate and distinct proposals to be made
for furnishing materials or doing
work on the improvement, or
both, in the board's discretion, for each separate
and distinct
branch or class of work entering into the improvement. The board
of trustees also may require a
single, combined proposal for the
entire project for materials or doing work,
or both, in the
board's discretion, that includes each separate and distinct
branch or class of work entering into the improvement. The board
of trustees
need not solicit separate proposals for a branch or
class of work for an
improvement if the estimate cost for that
branch or class of work is less than
five thousand dollars.
(D) When more than one branch or class of work is required,
no
contract for the entire job, or for a
greater portion thereof
than is embraced in one such branch or class of work
shall be
awarded, unless the separate bids do not cover all the work and
materials required or the bids for the whole or
for two or more
kinds of work or materials are lower than the separate bids
in the
aggregate. The board of trustees need not award separate
contracts for
a branch or class of work entering into an
improvement if the estimated cost
for that branch or class of work
is less than five thousand dollars.
Sec. 3383.01. As used in this chapter:
(A)
"Arts" means any of the following:
(1) Visual, musical, dramatic, graphic,
design, and
other
arts,
including, but
not limited to, architecture,
dance,
literature,
motion pictures, music, painting, photography,
sculpture, and
theater, and the provision of training or education
in these arts;
(2) The presentation or making available, in
museums or
other indoor or outdoor facilities, of principles of
science and
their development, use, or application in business,
industry, or
commerce or of the history, heritage, development,
presentation,
and uses of the arts
described in division (A)(1)
of this section
and of
transportation;
(3) The preservation, presentation, or making available of
features of
archaeological, architectural, environmental, or
historical interest or significance in a state historical facility
or a
local historical facility.
(B)
"Arts organization" means either of the following:
(1) A governmental agency or Ohio nonprofit corporation
that
provides programs or activities in areas directly concerned
with
the arts;
(2) A regional arts and cultural district as defined in
section 3381.01 of the Revised Code.
(C)
"Arts project" means all or any portion of an
Ohio arts
facility for which the general assembly has specifically
authorized the spending of money, or made an appropriation,
pursuant to division (D)(3)
or (E) of section 3383.07 of the
Revised Code.
(D)
"Cooperative contract" means a contract between the Ohio
arts and sports facilities commission and an arts organization
providing the terms and conditions of the cooperative use of an
Ohio arts facility.
(E)
"Costs of operation" means amounts required to manage an
Ohio arts facility that are incurred
following the completion of
construction of its arts project, provided
that both of the
following apply:
(1) Those amounts either:
(a) Have been committed to a fund dedicated to that purpose;
(b) Equal the principal of any endowment fund, the income
from
which is dedicated to that purpose.
(2) The commission and the arts organization have executed
an
agreement with respect to either of those funds.
(F)
"General building services" means general building
services for an Ohio arts facility or an Ohio sports facility,
including, but not limited to, general
custodial care, security,
maintenance, repair, painting,
decoration, cleaning, utilities,
fire safety, grounds and site maintenance and
upkeep, and
plumbing.
(G)
"Governmental agency" means a state agency, a
state-supported or state-assisted institution of higher
education,
a municipal corporation, county, township, or school
district, a
port authority created under Chapter 4582.
of the Revised Code,
any other political subdivision or special
district
in this state
established by or pursuant to law, or any combination
of these
entities; except where otherwise
indicated, the United States or
any department, division, or agency of the
United States, or any
agency, commission, or authority
established pursuant to an
interstate compact or agreement.
(H)
"Local contributions" means the value of an asset
provided by
or on behalf of an arts organization from sources
other than the state, the
value and nature of which shall be
approved by the Ohio arts and sports facilities commission, in its
sole
discretion.
"Local contributions" may include the value of
the site
where an arts project is to be constructed. All
"local
contributions," except a contribution attributable to such a site,
shall be for the costs of construction of an arts project or
the
costs of operation of an arts facility.
(I)
"Local historical facility" means a site or facility,
other
than a state historical facility, of archaeological,
architectural,
environmental, or historical interest or
significance, or a facility,
including a storage facility,
appurtenant to the operations of
such a site or facility, that is
owned by an arts organization,
provided the facility meets the
requirements of division
(K)(2)(b)
of this section, is managed
by
or pursuant to a contract with
the Ohio arts and sports
facilities
commission, and is used for or
in connection with the
activities
of the commission, including the
presentation or making
available
of arts to the public.
(J)
"Manage,"
"operate," or
"management" means the
provision
of, or the exercise of control over the provision of,
activities:
(1) Relating to the arts for an Ohio arts facility,
including as applicable, but not limited to, providing for
displays,
exhibitions, specimens, and models; booking of artists,
performances, or presentations; scheduling; and hiring or
contracting for directors, curators, technical and scientific
staff, ushers, stage managers, and others directly related to the
arts activities in the facility; but not including general
building services;
(2) Relating to sports and athletic events for an Ohio
sports
facility, including as applicable, but not limited to,
providing for
booking
of athletes, teams, and events; scheduling;
and hiring or contracting for
staff, ushers, managers, and others
directly related to the sports and
athletic events in the
facility; but not including general building services.
(K)
"Ohio arts facility" means any of the following:
(1) The three theaters located in the state office tower
at
77 South High street in Columbus;
(2) Any capital facility in this state to which
both of
the
following apply:
(a) The construction of an arts project related to the
facility was authorized or
funded by the general assembly pursuant
to division (D)(3)
of section 3383.07 of the Revised Code
and
proceeds of state bonds are used for costs of the arts project.
(b)
The facility is managed directly by, or
is subject to
a
cooperative or management contract
with, the Ohio arts and
sports
facilities commission, and
is used for or
in connection
with the
activities of the commission, including the
presentation
or making
available of arts to the public
and the provision of training or
education in the arts.
A cooperative or
management
contract shall
be for a term not less than the time
remaining to
the date of
payment or provision for payment of any
state bonds
issued to pay
the costs of the
arts project, as
determined by the
director of
budget and
management and certified
by the director to
the Ohio
arts and
sports facilities commission
and to the Ohio
building
authority.
(3) A state historical facility or a local historical
facility.
(L)
"State agency" means the state or any of its
branches,
officers, boards, commissions, authorities, departments,
divisions, or other units or agencies.
(M)
"Construction" includes acquisition, including
acquisition by
lease-purchase, demolition, reconstruction,
alteration, renovation, remodeling, enlargement, improvement, site
improvements, and related equipping and furnishing.
(N)
"State historical facility" means a site or facility
of
archaeological,
architectural, environmental, or historical
interest or significance, or a
facility, including a storage
facility, appurtenant to the operations of such
a site or
facility, that is owned by or is located on real property owned by
the state or by an arts organization,
so long as the
real property
of the arts organization
is contiguous to
state-owned real
property that is in the care, custody, and control of an arts
organization, and that is managed directly by or
is
subject to
a
cooperative or management contract
with the Ohio arts
and sports
facilities commission and
is used for or in
connection with
the
activities of the
commission, including the
presentation or
making
available of arts to the
public.
(O)
"Ohio sports facility" means all or a portion of a
stadium,
arena, or other capital facility in
this state, a
primary purpose of which
is to provide a site or venue for the
presentation to the public of events of
one or more major or minor
league professional athletic or sports teams that
are associated
with the state or with a city or region
of the state, which
facility is owned by or is located on real property owned by the
state or a
governmental agency, and including all parking
facilities, walkways, and
other
auxiliary facilities, equipment,
furnishings, and real and personal property
and interests and
rights therein, that may be appropriate for or used for or
in
connection with the facility or its operation, for capital costs
of which
state funds are spent pursuant to this chapter. A
facility constructed as an
Ohio sports facility may be both an
Ohio arts facility and
an Ohio sports facility.
Sec. 3383.02. (A) There is hereby created the Ohio arts and
sports
facilities commission. Notwithstanding any provision to
the
contrary contained in Chapter 152. of the Revised Code, the
commission shall engage in and provide for the development,
performance, and presentation or making available of the arts and
professional sports and athletics to the public in this state, and
the provision of training or education in the arts, by
the
exercise of its powers under this chapter, including the
provision, operation,
management, and cooperative use of Ohio
arts facilities and
Ohio sports facilities. The commission
is a
body corporate and politic, an agency of
state government and an
instrumentality of the state, performing
essential governmental
functions of this state. The carrying out
of the purposes and the
exercise by the commission of its powers
conferred by this chapter
are essential public functions and
public purposes of the state
and of state government. The commission
may, in its own
name, sue
and be sued, enter into contracts, and perform all the
powers and
duties given to it by this chapter
but; however, it does not
have
and shall
not exercise the power of eminent domain.
(B) The commission shall consist of
ten members,
seven of
whom shall be voting members and three of whom shall be
nonvoting
members. The
seven
voting members shall be
appointed by the
governor, with the advice
and consent of the
senate, from
different geographical regions of
the state.
In
addition, one of
the voting members shall represent the state
architect. Not more
than
four
of the members appointed
by
the governor shall be
affiliated with
the same political party.
The nonvoting members
shall be the
staff director of the Ohio arts
council, a member of
the senate
appointed by the president of the
senate, and a member
of the
house of representatives appointed by
the speaker of the
house.
(C) Of the
five initial appointments made by the governor,
one
shall be for a term expiring December 31, 1989, two shall be
for
terms expiring December 31, 1990, and two shall be for terms
expiring December 31, 1991.
Of the initial appointments of the
sixth and seventh
voting members appointed by the governor as a
result of this
amendment, one shall be for a term expiring
December 31, 2003, and one shall be for a term expiring December
31, 2004.
Thereafter, each such term shall be
for three years,
commencing on
the first day of January and
ending on the
thirty-first day of
December. Each appointment by
the president
of the senate and by
the speaker of the house of
representatives
shall be for the
balance of the then legislative
biennium. Each
member shall hold
office from the date of the
member's appointment
until the end of
the term for which the
member was appointed. Any
member appointed
to fill a vacancy occurring prior
to the
expiration of the term
for which the member's predecessor was
appointed
shall hold office
for the remainder of such term. Any
member
shall continue in
office subsequent to the expiration date
of
the member's term
until the member's successor takes
office, or
until a period of
sixty
days has elapsed, whichever occurs first.
(D) Members of the commission shall serve without
compensation.
(E)
Organizational meetings of the commission shall be held
at the
first meeting
of each calendar year. At each
organizational
meeting, the
commission shall elect from among its
voting members
a
chairperson, a vice-chairperson, and a
secretary-treasurer, who
shall serve until
the next annual
meeting. The commission shall
adopt rules
pursuant to section
111.15 of the Revised Code for the
conduct of
its internal
business and shall keep a journal of its
proceedings.
(F)
Four voting members of the commission constitute a
quorum, and the affirmative vote of
four members is
necessary
for
approval of any action taken by the commission. A
vacancy in
the
membership of the commission does not impair a
quorum from
exercising all the rights and performing all the
duties of the
commission. Meetings of the commission may be held
anywhere in
the state, and shall be held in compliance with
section 121.22 of
the Revised Code.
(G) All expenses incurred in carrying out this chapter are
payable solely from money accrued under this chapter or
appropriated for these purposes by the general assembly, and the
commission shall incur no liability or obligation beyond such
money.
(H) The commission shall file an annual report of its
activities and finances with the governor, director of budget and
management, speaker of the house of representatives, president of
the senate, and chairpersons of the house and senate finance
committees.
(I) There is hereby established in the state treasury the
Ohio arts and sports facilities commission administration fund.
All
revenues of the commission shall be credited to that fund and
to any
accounts created in the fund with the commission's
approval. All
expenses of the commission, including reimbursement
of, or
payment to, any other fund or any governmental agency for
advances made or services rendered to or on behalf of the
commission, shall be paid from the Ohio arts and sports facilities
commission administration fund as determined by or pursuant to
directions of the commission. All investment earnings of the
administration fund shall be credited to the fund and shall be
allocated
among any accounts created in the fund in the manner
determined by the
commission.
(J) Title to all real property and lesser interests in
real
property acquired by the commission, including leasehold and other
interests, pursuant
to this chapter shall be taken in the name of
the state and shall
be held for the use and benefit of the
commission. The
commission shall not mortgage such real property
and interests in
real property. Title to other property and
interests in it acquired by the
commission pursuant to this
chapter shall be taken in its name.
Sec. 3383.03. The Ohio arts and sports facilities commission
shall do the
following:
(A) From time to time, determine the need for arts projects,
Ohio arts facilities, and Ohio sports facilities, report
to the
governor and the general
assembly on the need for any additional
arts projects, Ohio arts
facilities, and Ohio sports facilities.
This division
does not apply to state historical facilities.
(B) Have jurisdiction, control, and possession of, and
supervision over the use and disposition of, all property,
rights,
licenses, money, contracts, accounts, liens, books,
records, and
other property rights and interests conveyed,
delivered,
transferred, or assigned to it;
(C) Use, and provide for the use of, Ohio arts facilities
and
Ohio sports facilities
for the commission's purposes and
functions, and conduct reviews
necessary to ensure that uses of
those facilities are
consistent with statewide interests and the
commission's
purposes, including the presentation or making
available
of the arts and
professional athletics and sports to the
public in this state
and the provision of training or education in
the arts;
(D) Hold a meeting, including the organizational meeting
required by division (E) of section 3383.02 of the Revised Code,
at least quarterly to conduct its business;
(E) Cooperate with any governmental agency or arts
organization that provides
services in, to, or for an Ohio arts
facility, and cooperate with
any governmental agency or nonprofit
corporation for the provision or
operation of any Ohio sports
facilities.
Sec. 3385.01. As used in this chapter:
(A) "Loan" and "on loan" mean a deposit of property not
accompanied by a transfer of title to the property.
(B) "Museum" means any institution located in this state
that is operated by a governmental agency or nonprofit corporation
primarily for educational, scientific, aesthetic, historic, or
preservation purposes and that acquires, owns, cares for,
exhibits, studies, archives, or catalogs property. "Museum"
includes, but is not limited to, historical societies, historic
sites or landmarks, parks, monuments, libraries, arboreta, and
zoos.
(C) "Property" means any tangible, nonliving object in a
museum's possession that has intrinsic historic, artistic,
scientific, educational, or cultural value.
Sec. 3385.02. (A) Property on loan to a museum other than
pursuant to a written agreement shall be considered to be
abandoned, and title to the property shall vest in the museum,
free from all claims of the owner and of all persons claiming
under the owner, if all of the following apply:
(1) The property has been held by the museum within the
state for at least seven years and, during that time, it remained
unclaimed.
(2) The museum gave notice of the abandonment of the
property in accordance with section 3385.03 of the Revised Code.
(3) No written assertion of title to the property was made
by the owner of the property within ninety days after the date the
notice was mailed or, if applicable, within ninety days after the
date of the last published notice.
(B) With respect to property on loan to a museum pursuant to
a written agreement, the loan shall be considered to be
terminated, and title to the property shall vest in the museum,
free from all claims of the owner and of all persons claiming
under the owner, if all of the following apply:
(1) If the loan was for an indefinite term, the museum has
held the property for at least seven years. If the loan was for a
specified term, that term has expired.
(2) The museum gave notice of the termination of the loan in
accordance with section 3385.03 of the Revised Code.
(3) No written assertion of title to the property was made
by the owner of the property within six months after the date the
notice was mailed or, if applicable, within six months after the
date of the last published notice.
Sec. 3385.03.
(A) A museum shall send notice of abandonment
of property or termination of a loan by certified mail, return
receipt requested, to the owner of the property at the owner's
last known address as shown by the records of the museum. If the
museum has no address on record, or the museum does not receive
written proof of receipt of the notice within thirty days after
the date the notice was mailed, the museum shall publish notice,
at least twice over a sixty-day period, in a newspaper of general
circulation in both the county in which the museum is located and
the county in which the last known address of the owner, if
available, is located.
For purposes of this division, "records of the museum" means
documents created or held by the museum in its regular course of
business.
(B) The mailed and published notices shall contain the
following:
(1) The date of the notice;
(2) A general description of the property;
(3) The name and, if available, the last known address of the
owner of the property;
(4) The approximate date the property was loaned to the
museum;
(5) The name and address of the appropriate museum official
to be contacted regarding the notice;
(6) For published notices, a request that anyone who may
know the whereabouts of the owner of the property provide written
notice to the museum;
(7) For published notices, the publication date of the last
notice.
(C)(1) A notice of abandonment of property shall include a
statement in substantially the following form:
"The (name of museum) hereby asserts title to the following
property: (general description of property). If you claim
ownership or other legal interest in this property, you must
contact (name of museum) in writing, establish ownership of the
property, and make arrangements to collect the property. If you
fail to do so within ninety days, the property will be considered
abandoned and will become property of (name of museum)."
(2) A notice of termination of a loan of property shall
include a statement in substantially the following form:
"The records of (name of museum) indicate that you have
property on loan to it. The (name of museum) hereby terminates
the loan. If you desire to claim the property, you must contact
the (name of museum) in writing, establish ownership of the
property, and make arrangements to collect the property. If you
fail to do so within six months, you will be considered to have
waived any claim you may have had to the property."
(D) For purposes of this section, if a loan of property was
made to a branch of the museum, the museum shall be considered to
be located in the county in which the branch is located.
Otherwise, the museum is considered to be located in the county in
which it has its principal place of business.
Sec. 3385.04. (A) Unless there is a written loan agreement
to the contrary, a museum may apply conservation measures to
property on loan to the museum without notice to the owner or the
owner's permission, if such measures are necessary to protect the
property on loan or other property in the custody of the museum or
if the property on loan is a hazard to the health and safety of
the museum staff or the public, and if either of the following
applies:
(1) The museum attempts but is unable to notify the owner at
the owner's last known address not later than three days before
the date the museum intends to apply the conservation measures.
(2) The museum notifies the owner not later than three days
before the date the museum intends to apply the conservation
measures, the owner does not agree to those measures, and the
owner does not terminate the loan and retrieve the property within
three days after receipt of the notice.
(B) If a museum applies conservation measures in accordance
with division (A) of this section or with the agreement of the
owner, both of the following apply:
(1) The museum shall acquire a lien on the property in the
amount of the expenses incurred by the museum, unless the
agreement provides otherwise.
(2) The museum is not liable for injury to or loss of the
property, if the museum did both of the following:
(a) Reasonably believed at the time the conservation
measures were taken that the measures were necessary to protect
the property on loan or other property in the custody of the
museum, or that the property on loan was a hazard to the health
and safety of the museum staff or the public;
(b) Exercised reasonable care in the choice and application
of the conservation measures.
Sec. 3385.05. Upon accepting property on loan, a museum
shall provide a written summary of the provisions of this chapter
to the owner of the property.
Sec. 3385.06. The owner of any property on loan to a museum
shall promptly notify the museum in writing of any change of the
owner's address or change in ownership of the property.
Sec. 3385.07. Any property that, on or after the effective
date of this section, is delivered to a museum or left on museum
property, is not solicited by the museum, is from an unknown
source, and might reasonably be assumed to have been intended as a
gift to the museum, shall conclusively be presumed to be a gift to
the museum, if there is no claim of ownership to the property
within ninety days after the museum receives or otherwise
discovers the property.
Sec. 3385.08. The provisions of this chapter may be varied
by written agreement of the parties.
Sec. 3385.09. (A) Property on loan to a museum shall not
escheat to the state under any applicable escheat law, but shall
pass to the museum under the provisions of this chapter.
(B) This chapter does not apply to property interests other
than those specifically described in this chapter.
Sec. 3385.10. A museum that acquires title to property in
accordance with this chapter passes good title when transferring
that property with the intent to pass title.
Sec. 3519.04. Upon receipt of the verified copy of a
proposed state law or
constitutional amendment proposing the levy
of any tax or involving a matter
which
that will necessitate the
expenditure of any funds of the state or any
political subdivision
thereof
of the state, the secretary of state shall request of the
tax
commissioner
office of budget and management an estimate of
any annual expenditure of public funds proposed
and
of the tax
commissioner the annual yield of any proposed taxes.
The office of
budget and management, on receipt of a request for an estimate of
the annual expenditure of public funds proposed, shall prepare the
estimate and file it in the office of the secretary of state. The
tax commissioner, on receipt of
such
a request
for an estimate of
the annual yield of any proposed taxes, shall prepare the estimate
and file it in the office of the
secretary of state. The
secretary of state shall distribute copies of such
estimate with
the pamphlets prescribed in section 3519.19 of the Revised Code
office of budget and management and the tax commissioner may issue
a joint estimate if the proposed state law or constitutional
amendment necessitates both the expenditure of public funds and a
levy of any tax.
Sec. 3702.5210. The
Ohio veterans' home
operated under
Chapter 5907. of the Revised Code that is located in Sandusky is
not required to obtain
a certificate of need to increase bed
capacity in its
Secrest-Giffin nursing home by not more than
twenty-five long-term care beds
prior to June 30, 1997.
Sec. 3702.5211. Notwithstanding sections 3702.51 to 3702.68
of the
Revised Code,
the
Ohio veteran's
veterans' home
operated
under Chapter 5907. of the Revised Code that is located in
Sandusky, including the
Secrest nursing home and
Giffin care
facility, is not required to
obtain a certificate of need for the
addition of up to fifty-two additional
nursing home beds to be
licensed under Chapter
3721. of the Revised
Code if the additional
beds are placed in
service prior to June 30, 1999.
Sec. 3702.5213. Notwithstanding sections 3702.51 to 3702.68
of the Revised Code, the
southern Ohio veterans
veterans' home
operated under Chapter 5907. of the Revised Code that is located
in Brown
county is not required to obtain a certificate of need
for the
addition of up to one hundred sixty-eight additional
nursing home
beds to be licensed under Chapter 3721. of the
Revised Code if the
additional beds are placed in service prior to
December 31, 2004.
Sec. 3721.01. (A) As used in sections 3721.01 to 3721.09
and 3721.99 of the Revised Code:
(1)(a) "Home" means an institution, residence, or facility
that provides, for
a period of more than twenty-four hours,
whether for a
consideration or not, accommodations to three or
more unrelated
individuals who are dependent upon the services of
others, including a nursing
home, residential care facility, home
for the aging, and
the Ohio
a veterans'
home
operated under
Chapter 5907. of the Revised Code.
(b) "Home" also means both of the following:
(i) Any facility that a person, as defined in section
3702.51 of the Revised Code, proposes for certification as a
skilled nursing
facility or nursing facility under Title XVIII or
XIX of the
"Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A.
301, as
amended, and for which a certificate of need, other than a
certificate to recategorize hospital beds as described in section
3702.522 of
the Revised Code or division (R)(7)(d) of the version
of section 3702.51 of
the Revised Code in effect immediately prior
to April 20, 1995, has been
granted to the person under sections
3702.51 to 3702.62 of the
Revised Code after August 5, 1989;
(ii) A county home or district home that is or has been
licensed
as a residential care facility.
(c) "Home" does not mean any of the following:
(i) Except as provided in division (A)(1)(b) of this
section, a public hospital or hospital as defined in section
3701.01 or 5122.01 of the Revised Code;
(ii) A residential facility for mentally ill persons as
defined under section 5119.22 of the Revised Code;
(iii) A residential facility as defined in section 5123.19
of the Revised Code;
(iv) A habilitation center as defined in section 5123.041
of
the Revised Code;
(v) A community alternative home as defined in section
3724.01 of the Revised Code;
(vi) An adult care facility as defined in section 3722.01
of
the Revised Code;
(vii) An alcohol or drug addiction program as defined in
section 3793.01 of the Revised Code;
(viii) A facility licensed to provide methadone treatment
under section 3793.11 of the Revised Code;
(ix) A facility providing services under contract with the
department of mental retardation and developmental disabilities
under section 5123.18 of the Revised Code;
(x) A facility operated by a hospice care program licensed
under section 3712.04 of the Revised Code that is used
exclusively
for care of hospice patients;
(xi) A facility, infirmary, or
other entity that is operated
by a religious order, provides care
exclusively to members of
religious orders who take vows of
celibacy and live by virtue of
their vows within the orders as if
related, and does not
participate in the medicare program
established under Title XVIII
of the "Social Security Act" or the
medical assistance program
established under Chapter 5111. of the
Revised Code and Title XIX
of the "Social Security Act," if on
January 1, 1994, the facility,
infirmary, or entity was providing
care exclusively to members of
the religious order;
(xii) A county home or district home that has never been
licensed
as a residential care facility.
(2) "Unrelated individual" means one who is not related to
the owner or operator of a home or to the spouse of the
owner or
operator as a parent, grandparent, child, grandchild, brother,
sister, niece, nephew, aunt, uncle, or as the child of an aunt or
uncle.
(3) "Mental impairment" does not mean mental illness as
defined in section 5122.01 of the Revised Code or mental
retardation as defined in section 5123.01 of the Revised Code.
(4) "Skilled nursing care" means procedures that require
technical skills and knowledge beyond those the untrained person
possesses and that are commonly employed in providing for the
physical, mental, and emotional needs of the ill or otherwise
incapacitated. "Skilled nursing care" includes, but is not
limited to, the following:
(a) Irrigations, catheterizations, application of
dressings,
and supervision of special diets;
(b) Objective observation of changes in the patient's
condition as a means of analyzing and determining the nursing
care
required and the need for further medical diagnosis and
treatment;
(c) Special procedures contributing to rehabilitation;
(d) Administration of medication by any method ordered by
a
physician, such as hypodermically, rectally, or orally,
including
observation of the patient after receipt of the
medication;
(e) Carrying out other treatments prescribed by the
physician that involve a similar level of complexity and skill in
administration.
(5)(a) "Personal care services" means services including,
but not limited to, the following:
(i) Assisting residents with activities of daily living;
(ii) Assisting residents with self-administration of
medication, in accordance with rules adopted under section
3721.04
of the Revised Code;
(iii) Preparing special diets, other than complex
therapeutic diets, for residents pursuant to the instructions of
a
physician or a licensed dietitian, in accordance with rules
adopted under section 3721.04 of the Revised Code.
(b) "Personal care services" does not include "skilled
nursing care" as defined in division (A)(4) of this section. A
facility need not provide more than one of the services listed in
division (A)(5)(a) of this section to be considered to be
providing personal care services.
(6) "Nursing home" means a home used for the reception and
care of individuals who by reason of illness or physical or
mental
impairment require skilled nursing care and of individuals
who
require personal care services but not skilled nursing care.
A
nursing home is licensed to provide personal care services and
skilled nursing care.
(7) "Residential care facility" means a home that provides
either of the
following:
(a) Accommodations for seventeen or more unrelated
individuals and supervision and personal care services for three
or more of those individuals who are dependent on the services of
others by reason of age or physical or mental impairment;
(b) Accommodations for three or more unrelated
individuals,
supervision and personal care services for at least
three of those
individuals who are dependent on the services of
others by reason
of age or physical or mental impairment, and, to at least one
of
those individuals, any of the skilled nursing care authorized by
section
3721.011 of the Revised Code.
(8) "Home for the aging" means a home that provides services
as a
residential care facility and a nursing home, except that the
home provides
its services only to individuals who are dependent
on the services of others
by reason of both age and physical or
mental impairment.
The part or unit of a home for the aging that provides
services only as a residential care facility is licensed as a
residential care
facility. The part or unit that may provide
skilled nursing care beyond the
extent authorized by section
3721.011 of the Revised Code is licensed as a
nursing home.
(9) "County home" and "district home" mean a county home or
district home operated under Chapter 5155. of the Revised
Code.
(B) The public health council may further classify homes.
For the purposes of this chapter, any residence, institution,
hotel, congregate housing project, or similar facility that meets
the definition of a home under this section is such a home
regardless of how
the facility holds itself out to the public.
(C) For purposes of this chapter, personal care services
or
skilled nursing care shall be considered to be provided by a
facility if they are provided by a person employed by or
associated with the facility or by another person pursuant to an
agreement to which neither the resident who receives the services
nor the resident's sponsor is a party.
(D) Nothing in division (A)(4) of this section shall be
construed to permit skilled nursing care to be imposed on an
individual who does not require skilled nursing care.
Nothing in division (A)(5) of this section shall be
construed
to permit personal care services to be imposed on an
individual
who is capable of performing the activity in question
without
assistance.
(E) Division (A)(1)(c)(xi) of this section does not
prohibit
a facility, infirmary, or other entity described in that
division
from seeking licensure under
sections 3721.01 to 3721.09 of the
Revised Code or certification
under Title XVIII or XIX of the
"Social Security Act." However,
such a facility, infirmary, or
entity that applies for licensure
or certification must meet the
requirements of those sections or
titles and the rules adopted
under them and
obtain a certificate of need from the director of
health under
section 3702.52 of the Revised Code.
(F) Nothing in this chapter, or rules adopted pursuant to
it, shall be construed as authorizing the supervision,
regulation,
or control of the spiritual care or treatment of
residents or
patients in any home who rely upon treatment by
prayer or
spiritual means in accordance with the creed or tenets
of any
recognized church or religious denomination.
Sec. 3737.71. Each insurance company doing business in
this
state shall pay to the state in installments, at the time of
making the payments required by section 5729.05 of the Revised
Code, in addition to the taxes required to be paid by it,
three-fourths of one per cent on the gross premium receipts
derived from fire insurance and that portion of the premium
reasonably allocable to insurance against the hazard of fire
included in other coverages except life and sickness and accident
insurance, after deducting return premiums paid and
considerations
received for reinsurances as shown by the annual
statement of such
company made pursuant to sections 3929.30,
3931.06, and 5729.02 of
the Revised Code. The money received
shall be paid into the state
treasury to the credit of the state
fire marshal's fund, which is
hereby created. The fund shall be
used for the maintenance and
administration of the office of the
fire marshal and
to defray the
costs of operating the Ohio fire
academy established by section
3737.33 of the Revised Code.
If the director of commerce certifies
to the director of budget and management
that the cash balance in
the state fire marshal's fund is in
excess of the amount needed to
pay ongoing operating expenses, the
director may use the excess
amount to acquire by purchase, lease, or otherwise, real property
or interests in real property to be used for the benefit of the
office of the state fire marshal, or to construct, acquire,
enlarge, equip, furnish, or improve the fire marshal's office
facilities or the
facilities of the Ohio fire academy. The
state
fire marshal's fund
shall be assessed a proportionate share
of the
administrative
costs of the department of commerce in
accordance
with procedures
prescribed by the director of commerce
and
approved by the
director of budget and management. Such
assessment shall be paid
from the state fire marshal's fund to
the
division of
administration fund.
Sec. 4117.01. As used in this chapter:
(A) "Person," in addition to those included in division
(C)
of section 1.59 of the Revised Code, includes employee
organizations, public employees, and public employers.
(B) "Public employer" means the state or any political
subdivision of the state located entirely within the state,
including, without limitation, any municipal corporation with a
population of at least five thousand according to the most recent
federal decennial census; county; township with a population of
at
least five thousand in the unincorporated area of the township
according to the most recent federal decennial census; school
district; governing authority of a community school established
under Chapter
3314. of the Revised Code; state institution of
higher learning; public or
special district; state agency,
authority, commission, or
board; or other branch of public
employment.
(C) "Public employee" means any person holding a position
by
appointment or employment in the service of a public employer,
including any person working pursuant to a contract between a
public employer and a private employer and over whom the national
labor relations board has declined jurisdiction on the basis that
the involved employees are employees of a public employer,
except:
(1) Persons holding elective office;
(2) Employees of the general assembly and employees of any
other legislative body of the public employer whose principal
duties are directly related to the legislative functions of the
body;
(3) Employees on the staff of the governor or the chief
executive of the public employer whose principal duties are
directly related to the performance of the executive functions of
the governor or the chief executive;
(4) Persons who are members of the Ohio organized militia,
while training or performing duty under section 5919.29 or 5923.12
of the
Revised Code;
(5) Employees of the state employment relations board;
(6) Confidential employees;
(7) Management level employees;
(8) Employees and officers of the courts, assistants to
the
attorney general, assistant prosecuting attorneys, and
employees
of the clerks of courts who perform a judicial
function;
(9) Employees of a public official who act in a fiduciary
capacity, appointed pursuant to section 124.11 of the Revised
Code;
(11) Students whose primary purpose is educational
training,
including graduate assistants or associates, residents,
interns,
or other students working as part-time public employees
less than
fifty per cent of the normal year in the employee's
bargaining
unit;
(12) Employees of county boards of election;
(13) Seasonal and casual employees as determined by the
state employment relations board;
(14) Part-time faculty members of an institution of higher
education;
(15) Employees of the state personnel board of review;
(16) Employees of the board of directors of the Ohio
low-level radioactive
waste facility development authority created
in section 3747.05 of the Revised
Code;
(17) Participants
in a work activity,
developmental
activity, or alternative work activity under sections 5107.40 to
5107.69
of the
Revised Code who perform a
service for a public
employer that the public employer needs but is not
performed by an
employee of the public employer
if the participant is
not engaged
in paid employment or subsidized employment pursuant to the
activity;
(18) Employees included in the career professional service
of the department
of transportation under section 5501.20 of the
Revised Code;
(19) Employees who must be licensed to practice law in this
state to perform their duties as employees.
(D) "Employee organization" means any labor or bona fide
organization in which public employees participate and that
exists
for the purpose, in whole or in part, of dealing with
public
employers concerning grievances, labor disputes, wages,
hours,
terms, and other conditions of employment.
(E) "Exclusive representative" means the employee
organization certified or recognized as an exclusive
representative under section 4117.05 of the Revised Code.
(F) "Supervisor" means any individual who has authority,
in
the interest of the public employer, to hire, transfer,
suspend,
lay off, recall, promote, discharge, assign, reward, or
discipline
other public employees; to responsibly direct them; to
adjust
their grievances; or to effectively recommend such action,
if the
exercise of that authority is not of a merely routine or
clerical
nature, but requires the use of independent judgment,
provided
that:
(1) Employees of school districts who are department
chairpersons or consulting teachers shall not be deemed
supervisors;
(2) With respect to members of a police or fire
department,
no person shall be deemed a supervisor except the
chief of the
department or those individuals who, in the absence
of the chief,
are authorized to exercise the authority and
perform the duties of
the chief of the department. Where prior
to June 1, 1982, a
public employer pursuant to a judicial
decision, rendered in
litigation to which the public employer was
a party, has declined
to engage in collective bargaining with
members of a police or
fire department on the basis that those
members are supervisors,
those members of a police or fire
department do not have the
rights specified in this chapter for
the purposes of future
collective bargaining. The state
employment relations board shall
decide all disputes concerning
the application of division (F)(2)
of this section.
(3) With respect to faculty members of a state institution
of higher education, heads of departments or divisions are
supervisors; however, no other faculty member or group of faculty
members is a supervisor solely because the faculty member or
group
of faculty members participate in decisions with respect to
courses, curriculum, personnel, or other matters of academic
policy;
(4) No teacher as defined in section 3319.09 of the
Revised
Code shall be designated as a supervisor or a management
level
employee unless the teacher is employed under a contract governed
by
section 3319.01, 3319.011, or 3319.02 of the Revised Code and
is assigned to a position for which a
license deemed to be for
administrators under state board rules is
required pursuant to
section 3319.22 of the Revised Code.
(G) "To bargain collectively" means to perform the mutual
obligation of the public employer, by its representatives, and
the
representatives of its employees to negotiate in good faith
at
reasonable times and places with respect to wages, hours,
terms,
and other conditions of employment and the continuation,
modification, or deletion of an existing provision of a
collective
bargaining agreement, with the intention of reaching
an agreement,
or to resolve questions arising under the
agreement. "To bargain
collectively" includes executing a written contract
incorporating
the terms of any agreement reached. The obligation
to bargain
collectively does not mean that either party is
compelled to agree
to a proposal nor does it require the making
of a concession.
(H) "Strike" means continuous concerted action in failing to
report
to duty; willful absence from one's position; or stoppage
of work in
whole from the full, faithful, and proper performance
of the duties of
employment, for the purpose of inducing,
influencing, or coercing a change in
wages, hours, terms, and
other conditions of employment. "Strike" does not
include a
stoppage of work by employees in good faith because of dangerous
or
unhealthful working conditions at the place of employment that
are abnormal to
the place of employment.
(I) "Unauthorized strike" includes, but is not limited to,
concerted
action during the term or extended term of a collective
bargaining agreement
or during the pendency of the settlement
procedures set forth in section
4117.14 of the Revised Code in
failing to report to duty; willful absence from
one's position;
stoppage of work; slowdown, or abstinence in whole or in part
from
the full, faithful, and proper performance of the duties of
employment
for the purpose of inducing, influencing, or coercing a
change in wages,
hours, terms, and other conditions of employment.
"Unauthorized strike"
includes any such action, absence, stoppage,
slowdown, or abstinence when done
partially or intermittently,
whether during or after the expiration of the
term or extended
term of a collective bargaining agreement or during or after
the
pendency of the settlement procedures set forth in section 4117.14
of the
Revised Code.
(J) "Professional employee" means any employee engaged in
work that is predominantly intellectual, involving the
consistent
exercise of discretion and judgment in its performance
and
requiring knowledge of an advanced type in a field of science
or
learning customarily acquired by a prolonged course in an
institution of higher learning or a hospital, as distinguished
from a general academic education or from an apprenticeship; or
an
employee who has completed the courses of specialized
intellectual
instruction and is performing related work under the
supervision
of a professional person to become qualified as
a professional
employee.
(K) "Confidential employee" means any employee who works
in
the personnel offices of a public employer and deals with
information to be used by the public employer in collective
bargaining; or any employee who works in a close continuing
relationship with public officers or representatives directly
participating in collective bargaining on behalf of the employer.
(L) "Management level employee" means an individual who
formulates policy on behalf of the public employer, who
responsibly directs the implementation of policy, or who may
reasonably be required on behalf of the public employer to assist
in the preparation for the conduct of collective negotiations,
administer collectively negotiated agreements, or have a major
role in personnel administration. Assistant superintendents,
principals, and assistant principals whose employment is governed
by section 3319.02 of the Revised Code are management level
employees. With respect to members of a faculty of a state
institution of higher education, no person is a management level
employee because of the person's involvement in the formulation or
implementation of academic or institution policy.
(M) "Wages" means hourly rates of pay, salaries, or other
forms of compensation for services rendered.
(N) "Member of a police department" means a person who is
in
the employ of a police department of a municipal corporation
as a
full-time regular police officer as the result of
an appointment
from a duly established civil service eligibility
list or under
section 737.15 or 737.16 of the Revised Code, a
full-time deputy
sheriff appointed under section 311.04 of the
Revised Code, a
township constable appointed under section
509.01 of the Revised
Code, or a member of a township police
district police department
appointed under section 505.49 of the
Revised Code.
(O) "Members of the state highway patrol" means highway
patrol troopers and radio operators appointed under section
5503.01 of the Revised Code.
(P) "Member of a fire department" means a person who is in
the employ of a fire department of a municipal corporation or a
township as a fire cadet, full-time regular firefighter, or
promoted rank as the result of an appointment from a duly
established civil
service eligibility list or under section
505.38, 709.012, or 737.22 of the
Revised Code.
(Q) "Day" means calendar day.
Sec. 4117.14. (A) The procedures contained in this
section
govern the settlement of disputes between an exclusive
representative and a public employer concerning the termination
or
modification of an existing collective bargaining agreement or
negotiation of a successor agreement, or the negotiation of an
initial collective bargaining agreement.
(B)(1) In those cases where there exists a collective
bargaining agreement, any public employer or exclusive
representative desiring to terminate, modify, or negotiate a
successor collective bargaining agreement shall:
(a) Serve written notice upon the other party of the
proposed termination, modification, or successor agreement. The
party must serve the notice not less than sixty days prior to the
expiration date of the existing agreement or, in the event the
existing collective bargaining agreement does not contain an
expiration date, not less than sixty days prior to the time it is
proposed to make the termination or modifications or to make
effective a successor agreement.
(b) Offer to bargain collectively with the other party for
the purpose of modifying or terminating any existing agreement or
negotiating a successor agreement;
(c) Notify the state employment relations board of the
offer
by serving upon the board a copy of the written notice to
the
other party and a copy of the existing collective bargaining
agreement.
(2) In the case of initial negotiations between a public
employer and an exclusive representative, where a collective
bargaining agreement has not been in effect between the parties,
any party may serve notice upon the board and the other party
setting forth the names and addresses of the parties and offering
to meet, for a period of ninety days, with the other party for
the
purpose of negotiating a collective bargaining agreement.
If the settlement procedures specified in divisions (B),
(C),
and (D) of this section govern the parties, where those
procedures
refer to the expiration of a collective bargaining
agreement, it
means the expiration of the sixty-day period to
negotiate a
collective bargaining agreement referred to in this
subdivision,
or in the case of initial negotiations, it means the
ninety day
period referred to in this subdivision.
(3) The parties shall continue in full force and effect
all
the terms and conditions of any existing collective
bargaining
agreement, without resort to strike or lock-out, for a
period of
sixty days after the party gives notice or until the
expiration
date of the collective bargaining agreement, whichever
occurs
later, or for a period of ninety days where applicable.
(4) Upon receipt of the notice, the parties shall enter
into
collective bargaining.
(C) In the event the parties are unable to reach an
agreement, they may submit, at any time prior to forty-five days
before the expiration date of the collective bargaining
agreement,
the issues in dispute to any mutually agreed upon
dispute
settlement procedure which supersedes the procedures
contained in
this section.
(1) The procedures may include:
(a) Conventional arbitration of all unsettled issues;
(b) Arbitration confined to a choice between the last
offer
of each party to the agreement as a single package;
(c) Arbitration confined to a choice of the last offer of
each party to the agreement on each issue submitted;
(d) The procedures described in division (C)(1)(a), (b),
or
(c) of this section and including among the choices for the
arbitrator, the recommendations of the fact finder, if there are
recommendations, either as a single package or on each issue
submitted;
(e) Settlement by a citizens' conciliation council
composed
of three residents within the jurisdiction of the public
employer.
The public employer shall select one member and the
exclusive
representative shall select one member. The two
members selected
shall select the third member who shall chair
the council. If the
two members cannot agree upon a third member
within five days
after their appointments, the board shall
appoint the third
member. Once appointed, the council shall make
a final settlement
of the issues submitted to it pursuant to
division (G) of this
section.
(f) Any other dispute settlement procedure mutually agreed
to by the parties.
(2) If, fifty days before the expiration date of the
collective bargaining agreement, the parties are unable to reach
an agreement, any party may request the state employment
relations
board to intervene. The request shall set forth the
names and
addresses of the parties, the issues involved, and, if
applicable,
the expiration date of any agreement.
The board shall intervene and investigate the dispute to
determine whether the parties have engaged in collective
bargaining.
If an impasse exists or forty-five days before the
expiration
date of the collective bargaining agreement if one
exists, the
board shall appoint a mediator to assist the parties
in the
collective bargaining process.
(3) If the mediator after assisting the parties advises
the
board that the parties have reached an impasse, or not later
than
thirty-one days prior to the expiration date of the
agreement, the
board shall appoint within one day a fact-finding
panel of not
more than three members who have been selected by
the parties in
accordance with rules established by the board,
from a list of
qualified persons maintained by the board.
(a) The fact-finding panel shall, in accordance with rules
and procedures established by the board that include the
regulation of costs and expenses of fact-finding, gather facts
and
make recommendations for the resolution of the matter. The
board
shall by its rules require each party to specify in writing
the
unresolved issues and its position on each issue to the
fact-finding panel. The fact-finding panel shall make final
recommendations as to all the unresolved issues.
(b) The board may continue mediation, order the parties to
engage in collective bargaining until the expiration date of the
agreement, or both.
(4) The following guidelines apply to fact-finding:
(a) The fact-finding panel may establish times and place
of
hearings which shall be, where feasible, in the jurisdiction
of
the state.
(b) The fact-finding panel shall conduct the hearing
pursuant to rules established by the board.
(c) Upon request of the fact-finding panel, the board
shall
issue subpoenas for hearings conducted by the panel.
(d) The fact-finding panel may administer oaths.
(e) The board shall prescribe guidelines for the
fact-finding panel to follow in making findings. In making its
recommendations, the fact-finding panel shall take into
consideration the factors listed in divisions (G)(7)(a) to (f) of
this section.
(f) The fact-finding panel may attempt mediation at any
time
during the fact-finding process. From the time of
appointment
until the fact-finding panel makes a final
recommendation, it
shall not discuss the recommendations for
settlement of the
dispute with parties other than the direct
parties to the dispute.
(5) The fact-finding panel, acting by a majority of its
members, shall transmit its findings of fact and recommendations
on the unresolved issues to the public employer and employee
organization involved and to the board no later than fourteen
days
after the appointment of the fact-finding panel, unless the
parties mutually agree to an extension. The state shall pay
one-half the cost of the fact-finding panel. The parties each
shall pay one-half of the remaining costs.
(6)(a) Not later than seven days after the findings and
recommendations are sent, the legislative body, by a three-fifths
vote of its total membership, and in the case of the public
employee organization, the membership, by a three-fifths vote of
the total membership, may reject the recommendations; if neither
rejects the recommendations, the recommendations shall be deemed
agreed upon as the final resolution of the issues submitted and a
collective bargaining agreement shall be executed between the
parties, including the fact-finding panel's recommendations,
except as otherwise modified by the parties by mutual agreement.
If either the legislative body or the public employee
organization
rejects the recommendations, the board shall
publicize the
findings of fact and recommendations of the
fact-finding panel.
The board shall adopt rules governing the
procedures and methods
for public employees to vote on the
recommendations of the
fact-finding panel.
(b) As used in division (C)(6)(a) of this section,
"legislative body" means the controlling board when the state or
any of its agencies, authorities, commissions, boards, or other
branch of public employment is party to the fact-finding process.
(D) If the parties are unable to reach agreement within
seven days after the publication of findings and recommendations
from the fact-finding panel or the collective bargaining
agreement, if one exists, has expired, then the:
(1) Public employees, who are members of a police or fire
department, members of the state highway patrol, deputy sheriffs,
dispatchers employed by a police, fire or sheriff's department or
the state highway patrol or civilian dispatchers employed by a
public employer other than a police, fire, or sheriff's
department
to dispatch police, fire, sheriff's department, or
emergency
medical or rescue personnel and units, an exclusive
nurse's unit,
employees of the state school for the deaf or the
state school for
the blind, employees of any public employee
retirement system,
corrections officers, guards at penal or
mental institutions,
special police officers appointed
in accordance with sections
5119.14 and 5123.13 of the Revised
Code, psychiatric attendants
employed at mental health forensic
facilities, or youth leaders
employed at juvenile correctional
facilities, shall submit the
matter to a final offer settlement
procedure pursuant to a board
order issued forthwith to the
parties to settle by a conciliator
selected by the parties. The
parties shall request from the board
a list of five qualified
conciliators and the parties shall select
a single conciliator
from the list by alternate striking of names.
If the parties
cannot agree upon a conciliator within five days
after the board
order, the board shall on the sixth day after its
order appoint a
conciliator from a list of qualified persons
maintained by the
board or shall request a list of qualified
conciliators from the
American arbitration association and appoint
therefrom.
(2) Public employees other than those listed in division
(D)(1) of this section have the right to strike under Chapter
4117. of the Revised Code provided that the employee organization
representing the employees has given a ten-day prior written
notice of an intent to strike to the public employer and to the
board, and further provided that the strike is for full,
consecutive
work days and the beginning date of the strike is at
least ten work days after
the ending date of the most recent prior
strike involving the same bargaining
unit; however, the board, at
its discretion, may attempt
mediation at any time.
(E) Nothing in this section shall be construed to prohibit
the parties, at any time, from voluntarily agreeing to submit any
or all of the issues in dispute to any other alternative dispute
settlement procedure. An agreement or statutory requirement to
arbitrate or to settle a dispute pursuant to a final offer
settlement procedure and the award issued in accordance with the
agreement or statutory requirement is enforceable in the same
manner as specified in division (B) of section 4117.09 of the
Revised Code.
(F) Nothing in this section shall be construed to prohibit
a
party from seeking enforcement of a collective bargaining
agreement or a conciliator's award as specified in division (B)
of
section 4117.09 of the Revised Code.
(G) The following guidelines apply to final offer
settlement
proceedings under division (D)(1) of this section:
(1) The parties shall submit to final offer settlement
those
issues that are subject to collective bargaining as
provided by
section 4117.08 of the Revised Code and upon which
the parties
have not reached agreement and other matters mutually
agreed to by
the public employer and the exclusive
representative; except that
the conciliator may attempt mediation
at any time.
(2) The conciliator shall hold a hearing within thirty
days
of the board's order to submit to a final offer settlement
procedure, or as soon thereafter as is practicable.
(3) The conciliator shall conduct the hearing pursuant to
rules developed by the board. The conciliator shall establish the
hearing
time and place, but it shall be, where feasible, within
the jurisdiction of
the state. Not later than five calendar days
before the hearing, each of the
parties shall submit to the
conciliator, to the opposing party, and to the board, a written
report summarizing the unresolved issues, the party's final offer
as to the issues, and the rationale for that position.
(4) Upon the request by the conciliator, the board shall
issue subpoenas for the hearing.
(5) The conciliator may administer oaths.
(6) The conciliator shall hear testimony from the parties
and provide for a written record to be made of all statements at
the hearing. The board shall submit for inclusion in the record
and for consideration by the conciliator the written report and
recommendation of the fact-finders.
(7) After hearing, the conciliator shall resolve the
dispute
between the parties by selecting, on an issue-by-issue
basis, from
between each of the party's final settlement offers,
taking into
consideration the following:
(a) Past collectively bargained agreements, if any,
between
the parties;
(b) Comparison of the issues submitted to final offer
settlement relative to the employees in the bargaining unit
involved with those issues related to other public and private
employees doing comparable work, giving consideration to factors
peculiar to the area and classification involved;
(c) The interests and welfare of the public, the ability
of
the public employer to finance and administer the issues
proposed,
and the effect of the adjustments on the normal
standard of public
service;
(d) The lawful authority of the public employer;
(e) The stipulations of the parties;
(f) Such other factors, not confined to those listed in
this
section, which are normally or traditionally taken into
consideration in the determination of the issues submitted to
final offer settlement through voluntary collective bargaining,
mediation, fact-finding, or other impasse resolution procedures
in
the public service or in private employment.
(8) Final offer settlement awards made under Chapter 4117.
of the Revised Code are subject to Chapter 2711. of the Revised
Code.
(9) If more than one conciliator is used, the
determination
must be by majority vote.
(10) The conciliator shall make written findings of fact
and
promulgate a written opinion and order upon the issues
presented
to the conciliator, and upon the record made before
the
conciliator and shall mail or otherwise deliver a true copy
thereof to the
parties and the board.
(11) Increases in rates of compensation and other matters
with cost implications awarded by the conciliator may be
effective
only at the start of the fiscal year next commencing
after the
date of the final offer settlement award; provided that
if a new
fiscal year has commenced since the issuance of the
board order to
submit to a final offer settlement procedure, the
awarded
increases may be retroactive to the commencement of the
new fiscal
year. The parties may, at any time, amend or modify a
conciliator's award or order by mutual agreement.
(12) The parties shall bear equally the cost of the final
offer settlement procedure.
(13) Conciliators appointed pursuant to this section shall
be residents of the state.
(H) All final offer settlement awards and orders of the
conciliator made pursuant to Chapter 4117. of the Revised Code
are
subject to review by the court of common pleas having
jurisdiction
over the public employer as provided in Chapter
2711. of the
Revised Code. If the public employer is located in
more than one
court of common pleas district, the court of common
pleas in which
the principal office of the chief executive is
located has
jurisdiction.
(I) The issuance of a final offer settlement award
constitutes a binding mandate to the public employer and the
exclusive representative to take whatever actions are necessary
to
implement the award.
Sec. 4123.01. As used in this chapter:
(a) Every person in the service of the state, or of any
county, municipal corporation, township, or school district
therein, including regular members of lawfully constituted police
and fire departments of municipal corporations and townships,
whether paid or volunteer, and wherever serving within the state
or on temporary assignment outside thereof, and executive officers
of boards of education, under any appointment or contract of hire,
express or implied, oral or written, including any elected
official of the state, or of any county, municipal corporation, or
township, or members of boards of education.
As used in division (A)(1)(a) of this section, the term
"regular members of lawfully constituted police and fire
departments" includes the following persons when the person
responds to an inherently dangerous situation that calls for an
immediate response on the part of the person, regardless of
whether the person is within the limits of the jurisdiction of the
person's regular employment or voluntary service when responding,
on the condition that the person responds to the situation as the
person otherwise would if the person were on duty in the person's
jurisdiction:
(i) Off-duty peace officers. As used in division
(A)(1)(a)(i) of this section, "peace officer" means a member of
the organized police department of any municipal corporation,
including a member of the organized police department of a
municipal corporation in an adjoining state serving in Ohio under
a contract pursuant to section 737.04 of the Revised Code, member
of a police force employed by a metropolitan housing authority
under division (D) of section 3735.31 of the Revised Code, member
of a police force employed by a regional transit authority under
division (Y) of section 306.05 of the Revised Code, state
university law enforcement officer appointed under section 3345.04
of the Revised Code,
Ohio veterans' home police officer appointed
under section 5907.02 of the Revised Code, police constable of any
township, police officer of a township or joint township police
district, state highway patrol trooper, and member of a qualified
nonprofit corporation police department established pursuant to
section 1702.80 of the Revised Code.
As used in division (A)(1)(a) of this section with respect to
off-duty peace officers, "jurisdiction" means the limits of the
municipal corporation, township, metropolitan housing authority
housing project, regional transit authority facilities or areas of
a municipal corporation that have been agreed to by a regional
transit authority and a municipal corporation located within its
territorial jurisdiction, college, university, or
Ohio veterans'
home
operated under Chapter 5907. of the Revised Code in which the
peace officer is appointed, employed, or elected.
(ii) Off-duty firefighters, whether paid or volunteer, of a
lawfully constituted fire department. As used in division
(A)(1)(a) of this section with respect to off-duty firefighters,
"jurisdiction" means the limits of the political subdivision,
joint ambulance district, fire district, or joint fire district in
which the firefighter is appointed or employed.
(iii) Off-duty first responders, emergency medical
technicians-basic, emergency medical technicians-intermediate, or
emergency medical technicians-paramedic, whether paid or
volunteer, of an ambulance service organization or emergency
medical service organization pursuant to Chapter 4765. of the
Revised Code. As used in division (A)(1)(a) of this section with
respect to off-duty first responders and emergency medical
technicians, "jurisdiction" means the limits of the political
subdivision or joint ambulance district in which the first
responder or emergency medical technician is employed or
volunteers as a first responder or emergency medical technician.
(b) Every person in the service of any person, firm, or
private corporation, including any public service corporation,
that (i) employs one or more persons regularly in the same
business or in or about the same establishment under any contract
of hire, express or implied, oral or written, including aliens and
minors, household workers who earn one hundred sixty dollars or
more in cash in any calendar quarter from a single household and
casual workers who earn one hundred sixty dollars or more in cash
in any calendar quarter from a single employer, or (ii) is bound
by any such contract of hire or by any other written contract, to
pay into the state insurance fund the premiums provided by this
chapter.
(c) Every person who performs labor or provides services
pursuant to a construction contract, as defined in section 4123.79
of the Revised Code, if at least ten of the following criteria
apply:
(i) The person is required to comply with instructions from
the other contracting party regarding the manner or method of
performing services;
(ii) The person is required by the other contracting party
to have particular training;
(iii) The person's services are integrated into the regular
functioning of the other contracting party;
(iv) The person is required to perform the work personally;
(v) The person is hired, supervised, or paid by the other
contracting party;
(vi) A continuing relationship exists between the person and
the other contracting party that contemplates continuing or
recurring work even if the work is not full time;
(vii) The person's hours of work are established by the
other contracting party;
(viii) The person is required to devote full time to the
business of the other contracting party;
(ix) The person is required to perform the work on the
premises of the other contracting party;
(x) The person is required to follow the order of work set
by the other contracting party;
(xi) The person is required to make oral or written reports
of progress to the other contracting party;
(xii) The person is paid for services on a regular basis
such as hourly, weekly, or monthly;
(xiii) The person's expenses are paid for by the other
contracting party;
(xiv) The person's tools and materials are furnished by the
other contracting party;
(xv) The person is provided with the facilities used to
perform services;
(xvi) The person does not realize a profit or suffer a loss
as a result of the services provided;
(xvii) The person is not performing services for a number of
employers at the same time;
(xviii) The person does not make the same services available
to the general public;
(xix) The other contracting party has a right to discharge
the person;
(xx) The person has the right to end the relationship with
the other contracting party without incurring liability pursuant
to an employment contract or agreement.
Every person in the service of any independent contractor or
subcontractor who has failed to pay into the state insurance fund
the amount of premium determined and fixed by the administrator of
workers' compensation for the person's employment or occupation or
if a self-insuring employer has failed to pay compensation and
benefits directly to the employer's injured and to the dependents
of the employer's killed employees as required by section 4123.35
of the Revised Code, shall be considered as the employee of the
person who has entered into a contract, whether written or verbal,
with such independent contractor unless such employees or their
legal representatives or beneficiaries elect, after injury or
death, to regard such independent contractor as the employer.
(2) "Employee" does not mean:
(a) A duly ordained, commissioned, or licensed minister or
assistant or associate minister of a church in the exercise of
ministry; or
(b) Any officer of a family farm corporation.
Any employer may elect to include as an "employee" within
this chapter, any person excluded from the definition of
"employee" pursuant to division (A)(2) of this section. If an
employer is a partnership, sole proprietorship, or family farm
corporation, such employer may elect to include as an "employee"
within this chapter, any member of such partnership, the owner of
the sole proprietorship, or the officers of the family farm
corporation. In the event of an election, the employer shall
serve upon the bureau of workers' compensation written notice
naming the persons to be covered, include such employee's
remuneration for premium purposes in all future payroll reports,
and no person excluded from the definition of "employee" pursuant
to division (A)(2) of this section, proprietor, or partner shall
be deemed an employee within this division until the employer has
served such notice.
For informational purposes only, the bureau shall prescribe
such language as it considers appropriate, on such of its forms as
it considers appropriate, to advise employers of their right to
elect to include as an "employee" within this chapter a sole
proprietor, any member of a partnership, the officers of a family
farm corporation, or a person excluded from the definition of
"employee" under division (A)(2)(a) of this section, that they
should check any health and disability insurance policy, or other
form of health and disability plan or contract, presently covering
them, or the purchase of which they may be considering, to
determine whether such policy, plan, or contract excludes benefits
for illness or injury that they might have elected to have covered
by workers' compensation.
(1) The state, including state hospitals, each county,
municipal corporation, township, school district, and hospital
owned by a political subdivision or subdivisions other than the
state;
(2) Every person, firm, and private corporation, including
any public service corporation, that (a) has in service one or
more employees regularly in the same business or in or about the
same establishment under any contract of hire, express or implied,
oral or written, or (b) is bound by any such contract of hire or
by any other written contract, to pay into the insurance fund the
premiums provided by this chapter.
All such employers are subject to this chapter. Any member
of a firm or association, who regularly performs manual labor in
or about a mine, factory, or other establishment, including a
household establishment, shall be considered an employee in
determining whether such person, firm, or private corporation, or
public service corporation, has in its service, one or more
employees and the employer shall report the income derived from
such labor to the bureau as part of the payroll of such employer,
and such member shall thereupon be entitled to all the benefits of
an employee.
(C) "Injury" includes any injury, whether caused by external
accidental means or accidental in character and result, received
in the course of, and arising out of, the injured employee's
employment. "Injury" does not include:
(1) Psychiatric conditions except where the conditions have
arisen from an injury or occupational disease;
(2) Injury or disability caused primarily by the natural
deterioration of tissue, an organ, or part of the body;
(3) Injury or disability incurred in voluntary participation
in an employer-sponsored recreation or fitness activity if the
employee signs a waiver of the employee's right to compensation or
benefits under this chapter prior to engaging in the recreation or
fitness activity.
(D) "Child" includes a posthumous child and a child legally
adopted prior to the injury.
(E) "Family farm corporation" means a corporation founded
for the purpose of farming agricultural land in which the majority
of the voting stock is held by and the majority of the
stockholders are persons or the spouse of persons related to each
other within the fourth degree of kinship, according to the rules
of the civil law, and at least one of the related persons is
residing on or actively operating the farm, and none of whose
stockholders are a corporation. A family farm corporation does
not cease to qualify under this division where, by reason of any
devise, bequest, or the operation of the laws of descent or
distribution, the ownership of shares of voting stock is
transferred to another person, as long as that person is within
the degree of kinship stipulated in this division.
(F) "Occupational disease" means a disease contracted in the
course of employment, which by its causes and the characteristics
of its manifestation or the condition of the employment results in
a hazard which distinguishes the employment in character from
employment generally, and the employment creates a risk of
contracting the disease in greater degree and in a different
manner from the public in general.
(G) "Self-insuring employer" means an employer who is
granted the privilege of paying compensation and benefits directly
under section 4123.35 of the Revised Code, including a board of
county commissioners for the sole purpose of constructing a sports
facility as defined in section 307.696 of the Revised Code,
provided that the electors of the county in which the sports
facility is to be built have approved construction of a sports
facility by ballot election no later than November 6, 1997.
(H) "Public employer" means an employer as defined in
division (B)(1) of this section.
Sec. 4123.35. (A) Except as provided in this section,
every employer mentioned in division (B)(2) of section 4123.01 of
the Revised Code, and every publicly owned utility shall pay
semiannually in the months of January and July into the state
insurance fund the amount of annual premium the administrator of
workers' compensation fixes for the employment or occupation of
the employer, the amount of which premium to be paid by each
employer to be determined by the classifications, rules, and rates
made and published by the administrator. The employer shall pay
semiannually a further sum of money into the state insurance fund
as may be ascertained to be due from the employer by applying the
rules of the administrator, and a receipt or certificate
certifying that payment has been made shall be mailed immediately
to the employer by the bureau of workers' compensation. The
receipt or certificate is prima-facie evidence of the payment of
the premium.
The bureau of workers' compensation shall verify with the
secretary of state the existence of all corporations and
organizations making application for workers' compensation
coverage and shall require every such application to include the
employer's federal identification number.
An employer as defined in division (B)(2) of section 4123.01
of the Revised Code who has contracted with a subcontractor is
liable for the unpaid premium due from any subcontractor with
respect to that part of the payroll of the subcontractor that is
for work performed pursuant to the contract with the employer.
Division (A) of this section providing for the payment of
premiums semiannually does not apply to any employer who was a
subscriber to the state insurance fund prior to January 1, 1914,
or who may first become a subscriber to the fund in any month
other than January or July. Instead, the semiannual premiums
shall be paid by those employers from time to time upon the
expiration of the respective periods for which payments into the
fund have been made by them.
The administrator shall adopt rules to permit employers to
make periodic payments of the semiannual premium due under this
division. The rules shall include provisions for the assessment
of interest charges, where appropriate, and for the assessment of
penalties when an employer fails to make timely premium payments.
An employer who timely pays the amounts due under this division is
entitled to all of the benefits and protections of this chapter.
Upon receipt of payment, the bureau immediately shall mail a
receipt or certificate to the employer certifying that payment has
been made, which receipt is prima-facie evidence of payment.
Workers' compensation coverage under this chapter continues
uninterrupted upon timely receipt of payment under this division.
Every public employer, except public employers that are
self-insuring employers under this section, shall comply with
sections 4123.38 to 4123.41, and 4123.48 of the Revised Code in
regard to the contribution of moneys to the public insurance fund.
(B) Employers who will abide by the rules of the
administrator and who may be of sufficient financial ability to
render certain the payment of compensation to injured employees or
the dependents of killed employees, and the furnishing of medical,
surgical, nursing, and hospital attention and services and
medicines, and funeral expenses, equal to or greater than is
provided for in sections 4123.52, 4123.55 to 4123.62, and 4123.64
to 4123.67 of the Revised Code, and who do not desire to insure
the payment thereof or indemnify themselves against loss sustained
by the direct payment thereof, upon a finding of such facts by the
administrator, may be granted the privilege to pay individually
compensation, and furnish medical, surgical, nursing, and hospital
services and attention and funeral expenses directly to injured
employees or the dependents of killed employees, thereby being
granted status as a self-insuring employer. The administrator may
charge employers who apply for the status as a self-insuring
employer a reasonable application fee to cover the bureau's costs
in connection with processing and making a determination with
respect to an application.
All employers granted
such status
as self-insuring employers
shall demonstrate
sufficient financial and administrative ability
to assure that all
obligations under this section are promptly
met. The
administrator shall deny the privilege where the
employer is
unable to demonstrate the employer's ability to
promptly meet all
the obligations imposed on the employer by this
section.
(1) The administrator shall consider, but is not limited to,
the following factors, where applicable, in determining the
employer's ability to meet all of the obligations imposed on the
employer by this section:
(a) The employer employs a minimum of five hundred employees
in this state;
(b) The employer has operated in this state for a minimum of
two years, provided that an employer who has purchased, acquired,
or otherwise succeeded to the operation of a business, or any part
thereof, situated in this state that has operated for at least two
years in this state, also shall qualify;
(c) Where the employer previously contributed to the state
insurance fund or is a successor employer as defined by bureau
rules, the amount of the buyout, as defined by bureau rules;
(d) The sufficiency of the employer's assets located in this
state to insure the employer's solvency in paying compensation
directly;
(e) The financial records, documents, and data, certified by
a certified public accountant, necessary to provide the employer's
full financial disclosure. The records, documents, and data
include, but are not limited to, balance sheets and profit and
loss history for the current year and previous four years.
(f) The employer's organizational plan for the
administration of the workers' compensation law;
(g) The employer's proposed plan to inform employees of the
change from a state fund insurer to a self-insuring employer, the
procedures the employer will follow as a self-insuring employer,
and the employees' rights to compensation and benefits; and
(h) The employer has either an account in a financial
institution in this state, or if the employer maintains an account
with a financial institution outside this state, ensures that
workers' compensation checks are drawn from the same account as
payroll checks or the employer clearly indicates that payment will
be honored by a financial institution in this state.
The administrator may waive the requirements of divisions
(B)(1)(a) and (b) of this section and the requirement of division
(B)(1)(e) of this section that the financial records, documents,
and data be certified by a certified public accountant. The
administrator shall adopt rules establishing the criteria that an
employer shall meet in order for the administrator to waive the
requirement of division (B)(1)(e) of this section. Such rules may
require additional security of that employer pursuant to division
(E) of section 4123.351 of the Revised Code.
The administrator shall not grant the status of self-insuring
employer to the state, except that the administrator may grant the
status of self-insuring employer to a state institution of higher
education, excluding its hospitals, that meets the requirements of
division (B)(2) of this section.
(2) When considering the application of a public employer,
except for a board of county commissioners described in division
(G) of section 4123.01 of the Revised Code, a board of a county
hospital, or a publicly owned utility, the administrator shall
verify that the public employer satisfies all of the following
requirements as the requirements apply to that public employer:
(a) For the two-year period preceding application under this
section, the public employer has maintained an unvoted debt
capacity equal to at least two times the amount of the current
annual premium established by the administrator under this chapter
for that public employer for the year immediately preceding the
year in which the public employer makes application under this
section.
(b) For each of the two fiscal years preceding application
under this section, the unreserved and undesignated year-end fund
balance in the public employer's general fund is equal to at least
five per cent of the public employer's general fund revenues for
the fiscal year computed in accordance with generally accepted
accounting principles.
(c) For the five-year period preceding application under
this section, the public employer, to the extent applicable, has
complied fully with the continuing disclosure requirements
established in rules adopted by the United States securities and
exchange commission under 17 C.F.R. 240.15c 2-12.
(d) For the five-year period preceding application under
this section, the public employer has not had its local government
fund distribution withheld on account of the public employer being
indebted or otherwise obligated to the state.
(e) For the five-year period preceding application under
this section, the public employer has not been under a fiscal
watch or fiscal emergency pursuant to section 118.023, 118.04, or
3316.03 of the Revised Code.
(f) For the public employer's fiscal year preceding
application under this section, the public employer has obtained
an annual financial audit as required under section 117.10 of the
Revised Code, which has been released by the auditor of state
within seven months after the end of the public employer's fiscal
year.
(g) On the date of application, the public employer holds a
debt rating of Aa3 or higher according to Moody's investors
service, inc., or a comparable rating by an independent rating
agency similar to Moody's investors service, inc.
(h) The public employer agrees to generate an annual
accumulating book reserve in its financial statements reflecting
an actuarially generated reserve adequate to pay projected claims
under this chapter for the applicable period of time, as
determined by the administrator.
(i) For a public employer that is a hospital, the public
employer shall submit audited financial statements showing the
hospital's overall liquidity characteristics, and the
administrator shall determine, on an individual basis, whether the
public employer satisfies liquidity standards equivalent to the
liquidity standards of other public employers.
(j) Any additional criteria that the administrator adopts by
rule pursuant to division (E) of this section.
The administrator shall not approve the application of a
public employer, except for a board of county commissioners
described in division (G) of section 4123.01 of the Revised Code,
a board of a county hospital, or publicly owned utility, who does
not satisfy all of the requirements listed in division (B)(2) of
this section.
(C) A board of county commissioners described in division
(G) of section 4123.01 of the Revised Code, as an employer, that
will abide by the rules of the administrator and that may be of
sufficient financial ability to render certain the payment of
compensation to injured employees or the dependents of killed
employees, and the furnishing of medical, surgical, nursing, and
hospital attention and services and medicines, and funeral
expenses, equal to or greater than is provided for in sections
4123.52, 4123.55 to 4123.62, and 4123.64 to 4123.67 of the Revised
Code, and that does not desire to insure the payment thereof or
indemnify itself against loss sustained by the direct payment
thereof, upon a finding of such facts by the administrator, may be
granted the privilege to pay individually compensation, and
furnish medical, surgical, nursing, and hospital services and
attention and funeral expenses directly to injured employees or
the dependents of killed employees, thereby being granted status
as a self-insuring employer. The administrator may charge a board
of county commissioners described in division (G) of section
4123.01 of the Revised Code that applies for the status as a
self-insuring employer a reasonable application fee to cover the
bureau's costs in connection with processing and making a
determination with respect to an application. All employers
granted such status shall demonstrate sufficient financial and
administrative ability to assure that all obligations under this
section are promptly met. The administrator shall deny the
privilege where the employer is unable to demonstrate the
employer's ability to promptly meet all the obligations imposed on
the employer by this section. The administrator shall consider,
but is not limited to, the following factors, where applicable, in
determining the employer's ability to meet all of the obligations
imposed on the board as an employer by this section:
(1) The board as an employer employs a minimum of five
hundred employees in this state;
(2) The board has operated in this state for a minimum of
two years;
(3) Where the board previously contributed to the state
insurance fund or is a successor employer as defined by bureau
rules, the amount of the buyout, as defined by bureau rules;
(4) The sufficiency of the board's assets located in this
state to insure the board's solvency in paying compensation
directly;
(5) The financial records, documents, and data, certified by
a certified public accountant, necessary to provide the board's
full financial disclosure. The records, documents, and data
include, but are not limited to, balance sheets and profit and
loss history for the current year and previous four years.
(6) The board's organizational plan for the administration
of the workers' compensation law;
(7) The board's proposed plan to inform employees of the
proposed self-insurance, the procedures the board will follow as a
self-insuring employer, and the employees' rights to compensation
and benefits;
(8) The board has either an account in a financial
institution in this state, or if the board maintains an account
with a financial institution outside this state, ensures that
workers' compensation checks are drawn from the same account as
payroll checks or the board clearly indicates that payment will be
honored by a financial institution in this state;
(9) The board shall provide the administrator a surety bond
in an amount equal to one hundred twenty-five per cent of the
projected losses as determined by the administrator.
(D) The administrator shall require a surety bond from all
self-insuring employers, issued pursuant to section 4123.351 of
the Revised Code, that is sufficient to compel, or secure to
injured employees, or to the dependents of employees killed, the
payment of compensation and expenses, which shall in no event be
less than that paid or furnished out of the state insurance fund
in similar cases to injured employees or to dependents of killed
employees whose employers contribute to the fund, except when an
employee of the employer, who has suffered the loss of a hand,
arm, foot, leg, or eye prior to the injury for which compensation
is to be paid, and thereafter suffers the loss of any other of the
members as the result of any injury sustained in the course of and
arising out of the employee's employment, the compensation to be
paid by the self-insuring employer is limited to the disability
suffered in the subsequent injury, additional compensation, if
any, to be paid by the bureau out of the surplus created by
section 4123.34 of the Revised Code.
(E) In addition to the requirements of this section, the
administrator shall make and publish rules governing the manner of
making application and the nature and extent of the proof required
to justify a finding of fact by the administrator as to granting
the status of a self-insuring employer, which rules shall be
general in their application, one of which rules shall provide
that all self-insuring employers shall pay into the state
insurance fund such amounts as are required to be credited to the
surplus fund in division (B) of section 4123.34 of the Revised
Code. The administrator may adopt rules establishing requirements
in addition to the requirements described in division (B)(2) of
this section that a public employer shall meet in order to qualify
for self-insuring status.
Employers shall secure directly from the bureau central
offices application forms upon which the bureau shall stamp a
designating number. Prior to submission of an application, an
employer shall make available to the bureau, and the bureau shall
review, the information described in division (B)(1) of this
section, and public employers shall make available, and the bureau
shall review, the information necessary to verify whether the
public employer meets the requirements listed in division (B)(2)
of this section. An employer shall file the completed application
forms with an application fee, which shall cover the costs of
processing the application, as established by the administrator,
by rule, with the bureau at least ninety days prior to the
effective date of the employer's new status as a self-insuring
employer. The application form is not deemed complete until all
the required information is attached thereto. The bureau shall
only accept applications that contain the required information.
(F) The bureau shall review completed applications within a
reasonable time. If the bureau determines to grant an employer
the status as a self-insuring employer, the bureau shall issue a
statement, containing its findings of fact, that is prepared by
the bureau and signed by the administrator. If the bureau
determines not to grant the status as a self-insuring employer,
the bureau shall notify the employer of the determination and
require the employer to continue to pay its full premium into the
state insurance fund. The administrator also shall adopt rules
establishing a minimum level of performance as a criterion for
granting and maintaining the status as a self-insuring employer
and fixing time limits beyond which failure of the self-insuring
employer to provide for the necessary medical examinations and
evaluations may not delay a decision on a claim.
(G) The administrator shall adopt rules setting forth
procedures for auditing the program of self-insuring employers.
The bureau shall conduct the audit upon a random basis or whenever
the bureau has grounds for believing that a self-insuring employer
is not in full compliance with bureau rules or this chapter.
The administrator shall monitor the programs conducted by
self-insuring employers, to ensure compliance with bureau
requirements and for that purpose, shall develop and issue to
self-insuring employers standardized forms for use by the
self-insuring employer in all aspects of the self-insuring
employers' direct compensation program and for reporting of
information to the bureau.
The bureau shall receive and transmit to the self-insuring
employer all complaints concerning any self-insuring employer. In
the case of a complaint against a self-insuring employer, the
administrator shall handle the complaint through the
self-insurance division of the bureau. The bureau shall maintain
a file by employer of all complaints received that relate to the
employer. The bureau shall evaluate each complaint and take
appropriate action.
The administrator shall adopt as a rule a prohibition against
any self-insuring employer from harassing, dismissing, or
otherwise disciplining any employee making a complaint, which rule
shall provide for a financial penalty to be levied by the
administrator payable by the offending self-insuring employer.
(H) For the purpose of making determinations as to whether
to grant status as a self-insuring employer, the administrator may
subscribe to and pay for a credit reporting service that offers
financial and other business information about individual
employers. The costs in connection with the bureau's subscription
or individual reports from the service about an applicant may be
included in the application fee charged employers under this
section.
(I) The administrator, notwithstanding other provisions of
this chapter, may permit a self-insuring employer to resume
payment of premiums to the state insurance fund with appropriate
credit modifications to the employer's basic premium rate as such
rate is determined pursuant to section 4123.29 of the Revised
Code.
(J) On the first day of July of each year, the administrator
shall calculate separately each self-insuring employer's
assessments for the safety and hygiene fund, administrative costs
pursuant to section 4123.342 of the Revised Code, and for the
portion of the surplus fund under division (B) of section 4123.34
of the Revised Code that is not used for handicapped
reimbursement, on the basis of the paid compensation attributable
to the individual self-insuring employer according to the
following calculation:
(1) The total assessment against all self-insuring employers
as a class for each fund and for the administrative costs for the
year that the assessment is being made, as determined by the
administrator, divided by the total amount of paid compensation
for the previous calendar year attributable to all amenable
self-insuring employers;
(2) Multiply the quotient in division (J)(1) of this section
by the total amount of paid compensation for the previous calendar
year that is attributable to the individual self-insuring employer
for whom the assessment is being determined. Each self-insuring
employer shall pay the assessment that results from this
calculation, unless the assessment resulting from this calculation
falls below a minimum assessment, which minimum assessment the
administrator shall determine on the first day of July of each
year with the advice and consent of the workers' compensation
oversight commission, in which event, the self-insuring employer
shall pay the minimum assessment.
In determining the total amount due for the total assessment
against all self-insuring employers as a class for each fund and
the administrative assessment, the administrator shall reduce
proportionately the total for each fund and assessment by the
amount of money in the self-insurance assessment fund as of the
date of the computation of the assessment.
The administrator shall calculate the assessment for the
portion of the surplus fund under division (B) of section 4123.34
of the Revised Code that is used for handicapped reimbursement in
the same manner as set forth in divisions (J)(1) and (2) of this
section except that the administrator shall calculate the total
assessment for this portion of the surplus fund only on the basis
of those self-insuring employers that retain participation in the
handicapped reimbursement program and the individual self-insuring
employer's proportion of paid compensation shall be calculated
only for those self-insuring employers who retain participation in
the handicapped reimbursement program. The administrator, as the
administrator determines appropriate, may determine the total
assessment for the handicapped portion of the surplus fund in
accordance with sound actuarial principles.
The administrator shall calculate the assessment for the
portion of the surplus fund under division (B) of section 4123.34
of the Revised Code that under division (D) of section 4121.66 of
the Revised Code is used for rehabilitation costs in the same
manner as set forth in divisions (J)(1) and (2) of this section,
except that the administrator shall calculate the total assessment
for this portion of the surplus fund only on the basis of those
self-insuring employers who have not made the election to make
payments directly under division (D) of section 4121.66 of the
Revised Code and an individual self-insuring employer's proportion
of paid compensation only for those self-insuring employers who
have not made that election.
An employer who no longer is a self-insuring employer in this
state or who no longer is operating in this state, shall continue
to pay assessments for administrative costs and for the portion of
the surplus fund under division (B) of section 4123.34 of the
Revised Code that is not used for handicapped reimbursement, based
upon paid compensation attributable to claims that occurred while
the employer was a self-insuring employer within this state.
(K) There is hereby created in the state treasury the
self-insurance assessment fund. All investment earnings of the
fund shall be deposited in the fund. The administrator shall use
the money in the self-insurance assessment fund only for
administrative costs as specified in section 4123.341 of the
Revised Code.
(L) Every self-insuring employer shall certify, in affidavit
form subject to the penalty for perjury, to the bureau the amount
of the self-insuring employer's paid compensation for the previous
calendar year. In reporting paid compensation paid for the
previous year, a self-insuring employer shall exclude from the
total amount of paid compensation any reimbursement the
self-insuring employer receives in the previous calendar year from
the surplus fund pursuant to section 4123.512 of the Revised Code
for any paid compensation. The self-insuring employer also shall
exclude from the paid compensation reported any amount recovered
under section 4123.93 of the Revised Code and any amount that is
determined not to have been payable to or on behalf of a claimant
in any final administrative or judicial proceeding. The
self-insuring employer shall exclude such amounts from the paid
compensation reported in the reporting period subsequent to the
date the determination is made. The administrator shall adopt
rules, in accordance with Chapter 119. of the Revised Code,
establishing the date by which self-insuring employers must submit
such information and the amount of the assessments provided for in
division (J) of this section for employers who have been granted
self-insuring status within the last calendar year.
The administrator shall include any assessment that remains
unpaid for previous assessment periods in the calculation and
collection of any assessments due under this division or division
(J) of this section.
(M) As used in this section, "paid compensation" means all
amounts paid by a self-insuring employer for living maintenance
benefits, all amounts for compensation paid pursuant to sections
4121.63, 4121.67, 4123.56, 4123.57, 4123.58, 4123.59, 4123.60, and
4123.64 of the Revised Code, all amounts paid as wages in lieu of
such compensation, all amounts paid in lieu of such compensation
under a nonoccupational accident and sickness program fully funded
by the self-insuring employer, and all amounts paid by a
self-insuring employer for a violation of a specific safety
standard pursuant to Section 35 of Article II, Ohio Constitution
and section 4121.47 of the Revised Code.
(N) Should any section of this chapter or Chapter 4121. of
the Revised Code providing for self-insuring employers'
assessments based upon compensation paid be declared
unconstitutional by a final decision of any court, then that
section of the Revised Code declared unconstitutional shall revert
back to the section in existence prior to November 3, 1989,
providing for assessments based upon payroll.
(O) The administrator may grant a self-insuring employer the
privilege to self-insure a construction project entered into by
the self-insuring employer that is scheduled for completion within
six years after the date the project begins, and the total cost of
which is estimated to exceed one hundred million dollars
or, for
employers described in division (R) of this section, if the
construction project is estimated to exceed twenty-five million
dollars. The
administrator may waive such cost and time criteria
and grant a
self-insuring employer the privilege to self-insure a
construction
project regardless of the time needed to complete the
construction
project and provided that the cost of the
construction project is
estimated to exceed fifty million dollars.
A self-insuring
employer who desires to self-insure a construction
project shall
submit to the administrator an application listing
the dates the
construction project is scheduled to begin and end,
the estimated
cost of the construction project, the contractors
and
subcontractors whose employees are to be self-insured by the
self-insuring employer, the provisions of a safety program that is
specifically designed for the construction project, and a
statement as to whether a collective bargaining agreement
governing the rights, duties, and obligations of each of the
parties to the agreement with respect to the construction project
exists between the self-insuring employer and a labor
organization.
A self-insuring employer may apply to self-insure the
employees of either of the following:
(1) All contractors and subcontractors who perform labor or
work or provide materials for the construction project;
(2) All contractors and, at the administrator's discretion,
a substantial number of all the subcontractors who perform labor
or work or provide materials for the construction project.
Upon approval of the application, the administrator shall
mail a certificate granting the privilege to self-insure the
construction project to the self-insuring employer. The
certificate shall contain the name of the self-insuring employer
and the name, address, and telephone number of the self-insuring
employer's representatives who are responsible for administering
workers' compensation claims for the construction project. The
self-insuring employer shall post the certificate in a conspicuous
place at the site of the construction project.
The administrator shall maintain a record of the contractors
and subcontractors whose employees are covered under the
certificate issued to the self-insured employer. A self-insuring
employer immediately shall notify the administrator when any
contractor or subcontractor is added or eliminated from inclusion
under the certificate.
Upon approval of the application, the self-insuring employer
is responsible for the administration and payment of all claims
under this chapter and Chapter 4121. of the Revised Code for the
employees of the contractor and subcontractors covered under the
certificate who receive injuries or are killed in the course of
and arising out of employment on the construction project, or who
contract an occupational disease in the course of employment on
the construction project. For purposes of this chapter and
Chapter 4121. of the Revised Code, a claim that is administered
and paid in accordance with this division is considered a claim
against the self-insuring employer listed in the certificate. A
contractor or subcontractor included under the certificate shall
report to the self-insuring employer listed in the certificate,
all claims that arise under this chapter and Chapter 4121. of the
Revised Code in connection with the construction project for which
the certificate is issued.
A self-insuring employer who complies with this division is
entitled to the protections provided under this chapter and
Chapter 4121. of the Revised Code with respect to the employees of
the contractors and subcontractors covered under a certificate
issued under this division for death or injuries that arise out
of, or death, injuries, or occupational diseases that arise in the
course of, those employees' employment on that construction
project, as if the employees were employees of the self-insuring
employer, provided that the self-insuring employer also complies
with this section. No employee of the contractors and
subcontractors covered under a certificate issued under this
division shall be considered the employee of the self-insuring
employer listed in that certificate for any purposes other than
this chapter and Chapter 4121. of the Revised Code. Nothing in
this division gives a self-insuring employer authority to control
the means, manner, or method of employment of the employees of the
contractors and subcontractors covered under a certificate issued
under this division.
The contractors and subcontractors included under a
certificate issued under this division are entitled to the
protections provided under this chapter and Chapter 4121. of the
Revised Code with respect to the contractor's or subcontractor's
employees who are employed on the construction project which is
the subject of the certificate, for death or injuries that arise
out of, or death, injuries, or occupational diseases that arise in
the course of, those employees' employment on that construction
project.
The contractors and subcontractors included under a
certificate issued under this division shall identify in their
payroll records the employees who are considered the employees of
the self-insuring employer listed in that certificate for purposes
of this chapter and Chapter 4121. of the Revised Code, and the
amount that those employees earned for employment on the
construction project that is the subject of that certificate.
Notwithstanding any provision to the contrary under this chapter
and Chapter 4121. of the Revised Code, the administrator shall
exclude the payroll that is reported for employees who are
considered the employees of the self-insuring employer listed in
that certificate, and that the employees earned for employment on
the construction project that is the subject of that certificate,
when determining those contractors' or subcontractors' premiums or
assessments required under this chapter and Chapter 4121. of the
Revised Code. A self-insuring employer issued a certificate under
this division shall include in the amount of paid compensation it
reports pursuant to division (L) of this section, the amount of
paid compensation the self-insuring employer paid pursuant to this
division for the previous calendar year.
Nothing in this division shall be construed as altering the
rights of employees under this chapter and Chapter 4121. of the
Revised Code as those rights existed prior to September 17, 1996.
Nothing in this division shall be construed as altering the rights
devolved under sections 2305.31 and 4123.82 of the Revised Code as
those rights existed prior to September 17, 1996.
As used in this division, "privilege to self-insure a
construction project" means privilege to pay individually
compensation, and to furnish medical, surgical, nursing, and
hospital services and attention and funeral expenses directly to
injured employees or the dependents of killed employees.
(P) A self-insuring employer whose application is granted
under division (O) of this section shall designate a safety
professional to be responsible for the administration and
enforcement of the safety program that is specifically designed
for the construction project that is the subject of the
application.
A self-insuring employer whose application is granted under
division (O) of this section shall employ an ombudsperson for the
construction project that is the subject of the application. The
ombudsperson shall have experience in workers' compensation or the
construction industry, or both. The ombudsperson shall perform
all of the following duties:
(1) Communicate with and provide information to employees
who are injured in the course of, or whose injury arises out of
employment on the construction project, or who contract an
occupational disease in the course of employment on the
construction project;
(2) Investigate the status of a claim upon the request of an
employee to do so;
(3) Provide information to claimants, third party
administrators, employers, and other persons to assist those
persons in protecting their rights under this chapter and Chapter
4121. of the Revised Code.
A self-insuring employer whose application is granted under
division (O) of this section shall post the name of the safety
professional and the ombudsperson and instructions for contacting
the safety professional and the ombudsperson in a conspicuous
place at the site of the construction project.
(Q) The administrator may consider all of the following when
deciding whether to grant a self-insuring employer the privilege
to self-insure a construction project as provided under division
(O) of this section:
(1) Whether the self-insuring employer has an organizational
plan for the administration of the workers' compensation law;
(2) Whether the safety program that is specifically designed
for the construction project provides for the safety of employees
employed on the construction project, is applicable to all
contractors and subcontractors who perform labor or work or
provide materials for the construction project, and has
as a
component, a safety training program that complies with standards
adopted pursuant to the "Occupational Safety and Health Act of
1970," 84 Stat. 1590, 29 U.S.C.A. 651, and provides for continuing
management and employee involvement;
(3) Whether granting the privilege to self-insure the
construction project will reduce the costs of the construction
project;
(4) Whether the self-insuring employer has employed an
ombudsperson as required under division (P) of this section;
(5) Whether the self-insuring employer has sufficient surety
to secure the payment of claims for which the self-insuring
employer would be responsible pursuant to the granting of the
privilege to self-insure a construction project under division (O)
of this section.
(R)
As used in divisions (O), (P), and (Q), "self-insuring
employer" includes the following employers, whether or not they
have been granted the status of being a self-insuring employer
under division (B) of this section:
(1) A state institution of higher education;
(3) A county school financing district;
(4) An educational service center;
(5) A community school established under Chapter 3314. of
the Revised Code.
(S) As used in this section:
(1) "Unvoted debt capacity" means the amount of money that a
public employer may borrow without voter approval of a tax levy;
(2) "State institution of higher education" means the state
universities listed in section 3345.011 of the Revised Code,
community colleges created pursuant to Chapter 3354. of the
Revised Code, university branches created pursuant to Chapter
3355. of the Revised Code, technical colleges created pursuant to
Chapter 3357. of the Revised Code, and state community colleges
created pursuant to Chapter 3358. of the Revised Code.
Sec. 4582.03. (A) A port authority created in accordance
with section 4582.02 of the Revised Code shall be governed by a
board of directors. Members of a board of directors of a port
authority created by the exclusive action of a municipal
corporation shall consist of the number of members it
considers
necessary and shall be appointed by the mayor with the
advice and
consent of the council. Members of a board of directors of a
port
authority created by the exclusive action of a township
shall
consist of such members as it considers necessary
and shall be
appointed by the township trustees of the
township. Members of a
board of directors of a port authority created by the
exclusive
action of a county shall consist of such members as it
considers
necessary and shall be appointed by the county
commissioners of
the county. Members of a board of
directors of a port authority
created by a combination of political subdivisions shall be
divided among the political subdivisions in such
proportions as
the political subdivisions may agree and
shall be appointed by the
participating political subdivisions
in the same manner as this
section provides for the
appointment of members by a political
subdivision
creating its own port authority. When a
port
authority is created by a combination of political
subdivisions,
the number of directors comprising the
board shall
be determined
by agreement between the political
subdivisions, which number from
time to time may be changed by
amendment of the agreement. The
appointing body may at any time remove a
director appointed
by it
for misfeasance, nonfeasance, or malfeasance in office.
A majority of the directors shall have been
qualified
electors of, or shall have had their businesses or
places of
employment in, one or
more political subdivisions within the area
of the jurisdiction
of the port authority, for a period of at
least three years next
preceding their appointment.
The directors of any port authority first appointed shall
serve staggered terms. Thereafter each successor shall serve for
a term of four years, except that any person appointed to fill a
vacancy shall be appointed to only the unexpired term and any
director is eligible for reappointment.
The board of directors by rule may provide for the removal
of
a director who fails to attend three consecutive regular
meetings
of the board. If a director is so removed, a successor
shall be
appointed for the remaining term of the removed
director in the
same manner provided for the original
appointment.
The directors shall elect one of their membership as
chairperson and another as
vice-chairperson and shall designate
their terms of office, and
shall appoint a secretary who need not
be a director. A majority of the board
of directors shall
constitute a quorum, the
for purposes of holding a meeting of the
board. The affirmative vote of
which
a majority of a quorom shall
be
necessary for
any action taken by the port authority
unless the
board of directors determines by rule to require a greater number
of affirmative votes for particular actions to be taken by the
port
authority. No vacancy in the
membership of the board shall
impair
the rights of a quorum to
exercise all the rights and
perform all
the duties of the port
authority.
Each member of the board of directors of a port authority
shall be entitled to receive from the port authority such sum of
money as the board of directors may determine as compensation for
services as director and reimbursement for reasonable
expenses in
the performance of official duties.
(B) Except for civil actions that arise out of the
operation
of a motor vehicle and civil actions in which the port
authority
is the plaintiff, no director, officer, or employee of
a port
authority shall be liable in any civil action that arises
under
the law of this state for damage or injury caused in the
performance of official duties, unless the director's,
officer's,
or employee's actions were manifestly
outside the scope of the
director's, officer's, or
employee's employment or official
responsibilities, or unless the
director, officer, or employee
acted with malicious purpose, in bad faith, or
in a wanton or
reckless manner.
This section does not eliminate, limit, or reduce any
immunity from civil liability that is conferred upon a director,
officer, or employee by any other provision of the Revised Code
or
by case law.
(C)(1) A port authority, except as provided in
division (B)
of this section, shall indemnify a director, officer, or
employee
from liability incurred in the performance of
official duties by
paying any judgment in, or amount negotiated in
settlement of,
any
civil action arising under federal law, the law of another
state,
or the law of a foreign jurisdiction. The reasonableness
of the
amount of any consent judgment or settlement is subject to
the
review and approval of the board of directors of the port
authority. The maximum aggregate amount of indemnification paid
directly from
funds to or on behalf of any director, officer, or
employee
pursuant to this division shall be one million dollars
per
occurrence, regardless of the number of persons who suffer
damage, injury, or death as a result of the occurrence.
(2) A port authority shall not indemnify a director,
officer, or employee under any of the following circumstances:
(a) To the extent the director, officer, or employee is
covered by a policy of insurance for civil liability purchased by
the port authority;
(b) When the director, officer, or employee acts
manifestly
outside the scope of the director's, officer's, or
employee's
employment or official responsibilities, with malicious
purpose,
in bad faith, or in a wanton or reckless manner;
(c) For any portion of a judgment that represents punitive
or exemplary damages;
(d) For any portion of a consent judgment or settlement
that
is unreasonable.
(3) The port authority may purchase a policy or policies
of
insurance on behalf of directors, officers, and employees of
the
port authority from an insurer or insurers licensed to do
business
in this state providing coverage for damages in
connection with
any civil action, demand, or claim against the
director, officer,
or employee by reason of an act or omission by
the director,
officer, or employee occurring in the performance
of official
duties and not coming within the terms of
division
(C)(2)(b) of
this section.
(4) This section does not affect any of the following:
(a) Any defense that would otherwise be available in an
action alleging personal liability of a director, officer, or
employee;
(b) The operation of section 9.83 of the Revised Code.
Sec. 4582.20. A port authority shall be exempt from and
shall not be
required
to pay any taxes on property, both real and
personal, or any combination
thereof, belonging to any port
authority,
that is used exclusively for any authorized
purpose;
provided, this. This exemption shall not apply to any
property
occupied and used during a tax year by a person who is a
lessee of
the
property as of the tax lien date for that tax year under a
written lease with a remaining term
longer than one year.
The
immediately preceding sentence shall not apply to real or personal
property, or any combination thereof, leased to a lessee, which
property would be exempt from taxes under Chapter 5709. of the
Revised Code if such property belonged to that lessee. Nothing in
this section eliminates the lessor's or the lessee's obligation to
comply with other provisions of the Revised Code to obtain an
exemption for such property.
Sec. 4582.27.
(A) A port authority created in accordance
with section 4582.22 of the Revised Code shall be governed by a
board of directors. Members of a board of directors of a port
authority created by the exclusive action of a municipal
corporation shall consist of the number of members it
considers
necessary and shall be appointed by the mayor with the
advice and
consent of the council. Members of a board of directors of a
port
authority created by the exclusive action of a township
shall
consist of such members as it considers necessary
and shall be
appointed by the township trustees of the township. Members of a
board of directors of a port authority created by the exclusive
action of a county shall consist of such members as it
considers
necessary and shall be appointed by the board of
county
commissioners of the county. Members of a board of
directors of a
port
authority created by a combination of political subdivisions
shall be divided among the political subdivisions in such
proportions as the political subdivisions may agree and shall be
appointed by the participating political subdivisions in the same
manner as this section provides for the appointment
of members by
a political subdivision
creating its own port authority. If a
participating political
subdivision is not authorized by section
4582.22 of the Revised Code to create its own port authority, the
political
subdivision's
elected legislative body, if the political
subdivision has an elected
legislative body, or the political
subdivision's elected official or officials
who appoint the
legislative body of the political subdivision shall appoint
the
members of a board of directors of a port authority that are to be
appointed
by
that political subdivision. If the electors of a
participating political
subdivision do not elect either the
legislative body of the political
subdivision or the official or
officials who appoint the legislative body of
the political
subdivision, the participating political subdivision may not
appoint any member of a board of directors of a port authority.
When a port
authority is created by a combination of political
subdivisions, the number of directors comprising the
board shall
be determined by agreement between the political
subdivisions,
which number may be changed from time to time by
amendment of the
agreement. The appointing body may at any time remove a
director
appointed
by it for misfeasance, nonfeasance, or malfeasance in
office.
A majority of the directors shall have been
qualified
electors of, or
shall have had their businesses or
places of
employment in, one or
more political subdivisions within the area
of the jurisdiction
of the port authority, for a period of at
least three years next
preceding their appointment.
The directors of any port authority first appointed shall
serve staggered terms. Thereafter each successor shall serve for
a term of four years, except that any person appointed to fill a
vacancy shall be appointed to only the unexpired term and any
director is eligible for reappointment.
The board of directors by rule may provide for the removal
of
a director who fails to attend three consecutive regular
meetings
of the board. If a director is so removed, a successor
shall be
appointed for the remaining term of the removed
director in the
same manner provided for the original
appointment.
The directors shall elect one of their membership as
chairperson and another as
vice-chairperson, and shall designate
their
terms of office, and shall appoint a secretary who need not
be a
director. A majority of the board of directors shall
constitute
a quorum, the
for purposes of holding a meeting of the
board. The affirmative vote of
which
a majority of a quorom shall
be
necessary for
any action taken by the port authority
unless the
board of directors determines by rule to require a greater number
of affirmative votes for particular actions to be taken by the
port
authority. No vacancy
in the
membership of the board shall
impair
the rights of a quorum
to
exercise all the rights and
perform all
the duties of the port
authority.
Each member of the board of directors of a port authority
shall be entitled to receive from the port authority such sum of
money as the board of directors may determine as compensation for
services as director and reimbursement for reasonable
expenses in
the performance of official duties.
(B) Except for civil actions that arise out of the
operation
of a motor vehicle and civil actions in which the port
authority
is the plaintiff, no director, officer, or employee of
a port
authority shall be liable in any civil action that arises
under
the law of this state for damage or injury caused in the
performance of his duties, unless the director's, officer's, or
employee's actions were manifestly outside the scope of his
employment or official responsibilities, or unless the director,
officer, or employee acted with malicious purpose, in bad faith,
or in a wanton or reckless manner.
This division does not eliminate, limit, or reduce any
immunity from civil liability that is conferred upon a director,
officer, or employee by any other provision of the Revised Code
or
by case law.
(C)(1) A port authority shall, except as provided in
division (B) of this section, indemnify a director, officer, or
employee from liability incurred in the performance of his duties
by paying any judgment in, or amount negotiated in settlement of,
any civil action arising under federal law, the law of another
state, or the law of a foreign jurisdiction. The reasonableness
of the amount of any consent judgment or settlement is subject to
the review and approval of the board of the port authority. The
maximum aggregate amount of indemnification paid directly from
funds to or on behalf of any director, officer or employee
pursuant to this division shall be one million dollars per
occurrence, regardless of the number of persons who suffer
damage,
injury, or death as a result of the occurrence.
(2) A port authority shall not indemnify a director,
officer, or employee under any of the following circumstances:
(a) To the extent the director, officer, or employee is
covered by a policy of insurance for civil liability purchased by
the port authority;
(b) When the director, officer, or employee acts
manifestly
outside the scope of his employment or official
responsibilities,
with malicious purpose, in bad faith, or in a
wanton or reckless
manner;
(c) For any portion of a judgment that represents punitive
or exemplary damages;
(d) For any portion of a consent judgment or settlement
that
is unreasonable.
(3) The port authority may purchase a policy or policies
of
insurance on behalf of directors, officers, and employees of
the
port authority from an insurer or insurers licensed to do
business
in this state providing coverage for damages in
connection with
any civil action, demand, or claim against the
director, officer,
or employee by reason of an act or omission by
the director,
officer, or employee occurring in the performance
of his duties
and not coming within the terms of division
(C)(2)(b) of this
section.
(4) This section does not affect either of the following:
(a) Any defense that would otherwise be available in an
action alleging personal liability of a director, officer, or
employee;
(b) The operation of section 9.83 of the Revised Code.
Sec. 4582.30. (A)(1) Except as otherwise provided in
division (A)(2) or (3) of this section,
the area of jurisdiction
of a port
authority created in accordance with section 4582.22 of
the
Revised Code shall include all of the territory of the
political
subdivision or subdivisions creating it and, if the port
authority owns or leases a railroad line
or airport, the territory
on which
the railroad's line, terminals, and related facilities
or
the airport's runways, terminals, and related facilities are
located, regardless of whether the territory is located in the
political subdivision or subdivisions creating the port
authority.
(2) A municipal corporation with a population of at
least
one hundred thousand according to the most recent federal
decennial census may create a port authority within a county that
previously created an existing port authority, if the municipal
corporation did not join with the county in creating the port
authority or thereafter join that port authority. The newly
created port
authority and the previously created and existing
port authority shall possess
concurrent jurisdiction over any
territory within the jurisdiction of both.
(3) A county may create a port authority the area of
jurisdiction of which excludes any territory that is located in
that county and is in the area of jurisdiction of any port
authority created in accordance with section 4582.02 or 4582.22
of
the Revised Code that is then existing in the county.
(B)(1) Except as provided in
division (B)(2)
or (3) of this
section, a political subdivision that has created a port
authority
or joined an existing port authority shall not be
included in any
other port authority.
(2) A municipal corporation with a population of less
than
one hundred thousand according to the most recent federal
decennial census that has joined an existing port authority in a
county with a population of five hundred thousand or less may
create a port authority within the
territorial jurisdiction of the
municipal
corporation.
(3) A municipal corporation and a county jointly may create a
new port authority if both of the following apply:
(a) The municipal corporation created a port authority after
July 9, 1982, and that port authority operates an airport;
(b) The county joined a port authority after July 9, 1982,
and that port authority operated an airport.
Sec. 4582.46.
The exercise of the powers granted by
sections
4582.22 to 4582.59 of the Revised Code shall be
for the
benefit of
the people of the state, for the improvement of their
health,
safety, convenience, and welfare, and for the enhancement
of their
residential, agricultural, recreational, economic,
commercial,
distribution, research, and
industrial
opportunities and is a
public purpose. As the operation and
maintenance of port
authority facilities will constitute the
performance of essential
governmental functions, a
A port authority
shall
be exempt from
and shall not be required to pay any taxes
or assessments upon any
port authority facility, upon any
on property
acquired or used by
the port authority under sections 4582.22 to 4582.59 of the
Revised Code, or upon the income therefrom, nor shall the
transfer
to or from a port authority of title or possession of
any port
authority facility, part thereof, or item included or to
be
included in any such facility, be subject to the taxes levied
pursuant to Chapters 5739. and 5741. of the Revised Code,
provided, this, both real and personal, or any combination
thereof, belonging to any port authority that is used exclusively
for any authorized purpose. This exemption
does
shall not apply
to any property
occupied and used during a tax year by
a person
who is a lessee of the property
as of the tax lien date for that
tax year under a written lease
with a remaining term longer than
one
year.
The bonds issued under this chapter, their transfer,
and
the income therefrom, shall at all times be free from
taxation
within the state.
The immediately preceding sentence shall not
apply to real or personal property, or any combination thereof,
leased to a lessee, which property would be exempt from taxes
under Chapter 5709. of the Revised Code if such property belonged
to that lessee. Nothing in this section eliminates the lessor's
or the lessee's obligation to comply with other provisions of the
Revised Code to obtain an exemption for such property.
Sec. 5709.61. As used in sections 5709.61 to 5709.69 of
the
Revised Code:
(A) "Enterprise zone" or "zone" means any of the
following:
(1) An area with a single continuous boundary designated
in
the manner set forth in section 5709.62 or 5709.63 of the
Revised
Code and certified by the director of development as
having a
population of at least four thousand according to the
best and
most recent data available to the director and having at
least two
of the following characteristics:
(a) It is located in a municipal corporation defined by
the
United States office of management and budget as a central
city of
a metropolitan statistical area;
(b) It is located in a county designated as being in the
"Appalachian region" under the "Appalachian Regional Development
Act of 1965," 79 Stat. 5, 40 App. U.S.C.A. 403, as amended;
(c) Its average rate of unemployment, during the most
recent
twelve-month period for which data are available, is equal
to at
least one hundred twenty-five per cent of the average rate
of
unemployment for the state of Ohio for the same period;
(d) There is a prevalence of commercial or industrial
structures in the area that are vacant or demolished, or are
vacant and the taxes charged thereon are delinquent, and
certification of the area as an enterprise zone would likely
result in the reduction of the rate of vacant or demolished
structures or the rate of tax delinquency in the area;
(e) The population of all census tracts in the area,
according to the federal census of 1990, decreased by at least
ten
per cent between the years 1970 and 1990;
(f) At least fifty-one per cent of the residents of the
area
have incomes of less than eighty per cent of the median
income of
residents of the municipal corporation or municipal
corporations
in which the area is located, as determined in the
same manner
specified under section 119(b) of the "Housing and
Community
Development Act of 1974," 88 Stat. 633, 42 U.S.C. 5318,
as
amended;
(g) The area contains structures previously used for
industrial purposes, but currently not so used due to age,
obsolescence, deterioration, relocation of the former occupant's
operations, or cessation of operations resulting from unfavorable
economic conditions either generally or in a specific economic
sector;
(h) It is located within one or more adjacent city,
local,
or exempted village school districts, the income-weighted
tax
capacity of each of which is less than seventy per cent of
the
average of the income-weighted tax capacity of all city,
local, or
exempted village school districts in the state
according to the
most recent data available to the director from
the department of
taxation.
The director of development shall adopt rules in accordance
with Chapter 119. of the Revised Code establishing conditions
constituting the characteristics described in divisions
(A)(1)(d),
(g), and (h) of this section.
If an area could not be certified as an enterprise zone
unless it satisfied division (A)(1)(g) of this section, the
legislative authority may enter into agreements in that zone
under
section 5709.62, 5709.63, or 5709.632 of the Revised Code
only if
such agreements result in the development of the
facilities
described in that division, the parcel of land on
which such
facilities are situated, or adjacent parcels. The
director of
development annually shall review all agreements in
such zones to
determine whether the agreements have resulted in
such
development; if the director determines that the agreements
have
not resulted in such development, the director immediately
shall
revoke certification of the zone and notify the legislative
authority of such revocation. Any agreements entered into prior
to revocation under this paragraph shall continue in effect for
the period provided in the agreement.
(2) An area with a single continuous boundary designated
in
the manner set forth in section 5709.63 of the Revised Code
and
certified by the director of development as:
(a) Being located within a county that contains a
population
of three hundred thousand or less;
(b) Having a population of at least one thousand according
to the best and most recent data available to the director;
(c) Having at least two of the characteristics described
in
divisions (A)(1)(b) to (h) of this section.
(3) An area with a single continuous boundary designated
in
the manner set forth under division (A)(1) of section 5709.632
of
the Revised Code and certified by the director of development
as
having a population of at least four thousand, or under
division
(A)(2) of that section and certified as having a
population of at
least one thousand, according to the best and
most recent data
available to the director.
(B) "Enterprise" means any form of business organization
including, but not limited to, any partnership, sole
proprietorship, or corporation, including an S corporation as
defined in section 1361 of the Internal Revenue Code and any
corporation that is majority work-owned either directly through
the ownership of stock or indirectly through participation in an
employee stock ownership plan.
(C) "Facility" means an enterprise's place of business in
a
zone, including land, buildings, machinery, equipment, and
other
materials, except inventory, used in business. "Facility"
includes land, buildings, machinery, production and station
equipment,
other equipment, and other materials, except inventory,
used in business to
generate electricity, provided that, for
purposes of sections
5709.61 to 5709.69 of the Revised Code, the
value of the
property
at such a facility shall be reduced by the
value, if any, that is
not apportioned under section 5727.15 of
the Revised Code to
the taxing district in which the facility is
physically located. In the case of such a facility that is
physically located in two adjacent taxing districts, the property
located in
each taxing district constitutes a separate facility.
"Facility" does not include any portion of an enterprise's
place
of business
used primarily for making retail sales, unless
the place of
business is located in an impacted city as defined in
section
1728.01 of the Revised Code.
(D) "Vacant facility" means a facility that has been
vacant
for at least ninety days immediately preceding the date on
which
an agreement is entered into under section 5709.62 or 5709.63 of
the Revised Code.
(E) "Expand" means to make expenditures to add land,
buildings, machinery, equipment, or other materials, except
inventory, to a facility that equal at least ten per cent of the
market value of the facility prior to such expenditures, as
determined for the purposes of local property taxation.
(F) "Renovate" means to make expenditures to alter or
repair
a facility that equal at least fifty per cent of the
market value
of the facility prior to such expenditures, as
determined for the
purposes of local property taxation.
(G) "Occupy" means to make expenditures to alter or repair
a
vacant facility equal to at least twenty per cent of the market
value of the facility prior to such expenditures, as determined
for the purposes of local property taxation.
(H) "Project site" means all or any part of a facility
that
is newly constructed, expanded, renovated, or occupied by an
enterprise.
(I) "Project" means any undertaking by an enterprise to
establish a facility or to improve a project site by expansion,
renovation, or occupancy.
(J) "Position" means the position of one full-time
employee
performing a particular set of tasks and duties.
(K) "Full-time employee" means an individual who is
employed
for consideration by an enterprise for at least
thirty-five hours
a week, or who renders any other standard of
service generally
accepted by custom or specified by contract as
full-time
employment.
(L) "New employee" means a full-time employee first
employed
by an enterprise at a facility that is a project site
after the
enterprise enters an agreement under section 5709.62 or
5709.63 of
the Revised Code. "New employee" does not include an
employee if,
immediately prior to being employed by the
enterprise, the
employee was employed by an enterprise that is a
related member or
predecessor enterprise of that enterprise.
(M) "Unemployed person" means any person who is totally
unemployed in this state, as that term is defined in division (M)
of section 4141.01 of the Revised Code, for at least ten
consecutive weeks immediately preceding that person's
employment
at a
facility that is a project site, or who is so unemployed for
at
least twenty-six of the fifty-two weeks immediately preceding
that person's
employment at such a facility.
(N) "JTPA eligible employee" means any individual who is
eligible for employment or training under the "Job Training
Partnership Act," 96 Stat. 1324 (1982), 29 U.S.C. 1501, as
amended.
(O) "First used in business" means that the property
referred to has not been used in business in this state by the
enterprise that owns it, or by an enterprise that is a related
member or predecessor enterprise of such an enterprise, other
than
as inventory, prior to being used in business at a facility
as the
result of a project.
(P) "Training program" means any noncredit training
program
or course of study that is offered by any state college
or
university; university branch district; community college;
technical college; nonprofit college or university certified
under
section 1713.02 of the Revised Code; school district; joint
vocational school district; school registered and authorized to
offer programs under section 3332.05 of the Revised Code; an
entity administering any federal, state, or local adult education
and training program; or any enterprise; and that meets all of
the
following requirements:
(1) It is approved by the director of development;
(2) It is established or operated to satisfy the need of a
particular industry or enterprise for skilled or semi-skilled
employees;
(3) An individual is required to complete the course or
program before filling a position at a project site.
(Q) "Development" means to engage in the process of
clearing
and grading land, making, installing, or constructing
water
distribution systems, sewers, sewage collection systems,
steam,
gas, and electric lines, roads, curbs, gutters, sidewalks,
storm
drainage facilities, and construction of other facilities
or
buildings equal to at least fifty per cent of the market value
of
the facility prior to the expenditures, as determined for the
purposes of local property taxation.
(R) "Large manufacturing facility" means a single Ohio
facility that employed an average of at least one thousand
individuals during the five calendar years preceding an
agreement
authorized under division (C)(3) of section 5709.62 or
division
(B)(2) of section 5709.63 of the Revised Code. For purposes of
this
division, both of the following apply:
(1) A single Ohio
manufacturing facility employed an average
of at least one
thousand individuals during the five calendar
years preceding
entering into such an agreement if one-fifth of
the sum of the
number of employees employed on the highest
employment day
during each of the five calendar years equals or
exceeds one
thousand.
(2) The highest employment day is the day or days during
a
calendar year on which the number of employees employed at a
single Ohio manufacturing facility was
greater than on any other
day during the calendar year.
(S) "Business cycle" means the cycle of business activity
usually regarded as passing through alternating stages of
prosperity and depression.
(T) "Making retail sales" means the effecting of
point-of-final-purchase transactions
at a facility open to the
consuming public, wherein one party is obligated to pay the price
and
the other party is obligated to provide a service or to
transfer
title to or possession of the item sold.
(U) "Environmentally contaminated" means that hazardous
substances exist at a facility under conditions that have caused
or would cause the facility to be identified as contaminated by
the state or federal environmental protection agency. These may
include facilities located at sites identified in the master
sites
list or similar database maintained by the state
environmental
protection agency if the sites have been
investigated by the
agency and found to be contaminated.
(V) "Remediate" means to make expenditures to clean up an
environmentally contaminated facility so that it is no longer
environmentally contaminated that equal at least ten per cent of
the real property market value of the facility prior to such
expenditures as determined for the purposes of property taxation.
(W) "Related member" has the same meaning as defined in
section 5733.042 of the Revised Code without regard to division
(B) of that section, except that it is used with respect to an
enterprise rather than a taxpayer.
(X) "Predecessor enterprise" means an enterprise from
which
the assets or equity of another enterprise has been
transferred,
which transfer resulted in the full or partial
nonrecognition of
gain or loss, or resulted in a carryover basis,
both as determined
by rule adopted by the tax commissioner.
(Y) "Successor enterprise" means an enterprise to which
the
assets or equity of another enterprise has been transferred,
which
transfer resulted in the full or partial nonrecognition of
gain or
loss, or resulted in a carryover basis, both as
determined by rule
adopted by the tax commissioner.
Sec. 5715.20. (A) Whenever a county board of revision renders
a decision on a
complaint filed under section 5715.19 of the
Revised Code, it shall certify
its action by certified mail to the
person in whose name the property is
listed or sought to be
listed,
and to the complainant if
he
the
complainant is
a person
other than
not the person in whose name the property is listed or
sought
to be listed, and to the tax commissioner.
A person's time
to file an appeal under section 5717.01 of the Revised Code
commences with the mailing of notice of the decision to that
person as provided in this section. The tax commissioner's time
to file an appeal under section 5717.01 of the Revised Code
commences with the last mailing to a person required to be mailed
notice of the decision as provided in this division.
(B) The tax commissioner may order the county auditor to
send to the commissioner the decisions of the board of revision
rendered on complaints filed under section 5715.19 of the Revised
Code in the manner and for the time period that the commissioner
prescribes. Nothing in this division extends the commissioner's
time to file an appeal under section 5717.01 of the Revised Code.
Sec. 5717.01. An appeal from a decision of a county board
of
revision may be taken to the board of tax appeals within
thirty
days after notice of the decision of the county board of
revision
is mailed as provided in
division (A) of section 5715.20 of the
Revised
Code. Such an appeal may be taken by the county auditor,
the tax
commissioner, or any board, legislative authority, public
official, or taxpayer authorized by section 5715.19 of the
Revised
Code to file complaints against valuations or assessments
with the
auditor. Such appeal shall be taken by the filing of a
notice of
appeal, in person or by certified mail, express
mail, or
authorized delivery service, with the
board of tax appeals and
with the county board of revision. If
notice of appeal is filed
by certified mail, express mail, or authorized
delivery service
as
provided in section 5703.056 of the Revised Code, the date of the
United States postmark placed on the sender's receipt by the
postal service or
the date of receipt recorded by the authorized
delivery service shall
be treated as the date of filing. Upon
receipt of such notice of
appeal such county board of revision
shall by certified mail
notify all persons thereof who were
parties to the proceeding
before such county board of revision,
and shall file proof of
such notice with the board of tax appeals.
The county board of
revision shall thereupon certify to the board
of tax appeals a
transcript of the record of the proceedings of
the county board
of revision pertaining to the original complaint,
and all
evidence offered in connection therewith. Such appeal may
be
heard by the board of tax appeals at its offices in Columbus or
in the county where the property is listed for taxation, or the
board of tax appeals may cause its examiners to conduct such
hearing and to report to it their findings for affirmation or
rejection.
The board of tax appeals may order the appeal to be heard
on
the record and the evidence certified to it by the county
board of
revision, or it may order the hearing of additional
evidence, and
it may make such investigation concerning the
appeal as it deems
proper.
Sec. 5731.21. (A)(1)(a) Except as provided under division
(A)(3) of this section, the executor or administrator, or, if no
executor or administrator has been appointed, another
person in
possession of property the transfer of which is
subject to estate
taxes under section 5731.02 or division (A) of
section 5731.19 of
the Revised Code, shall file an estate tax
return, within nine
months of the date of the decedent's death,
in the form prescribed
by the tax commissioner, in duplicate,
with the probate court of
the county. The return shall include
all property the transfer of
which is subject to estate taxes,
whether that property is
transferred under the last will and
testament of the decedent or
otherwise. The time for filing the
return may be extended by the
tax commissioner.
(b) The estate tax return described in division (A)(1)(a)
of
this section shall be accompanied by a certificate, in the
form
prescribed by the tax commissioner, that is signed by the
executor, administrator, or other person required to file the
return, and that states all of the following:
(i) The fact that the return was filed;
(ii) The date of the filing of the return;
(iii) The fact that the estate taxes under section 5731.02
or division (A) of section 5731.19 of the Revised Code, that are
shown to be due in the return, have been paid in full;
(iv) If applicable, the fact that real property listed in
the inventory for the decedent's estate is included in the
return;
(v) If applicable, the fact that real property not listed
in
the inventory for the decedent's estate, including, but not
limited to, survivorship tenancy property as described in section
5302.17 of the Revised Code or transfer on death property as
described in
sections 5302.22 and 5302.23 of the Revised Code,
also is included in the
return. In
this regard, the certificate
additionally shall describe that
real property by the same
description used in the return.
(2) The probate court shall forward one copy of the estate
tax return described in division (A)(1)(a) of this section to the
tax commissioner.
(3) A person
may, but shall not be required to,
file a
return under division (A) of this section if the decedent
was a
resident of this state and the
value of the decedent's gross
estate is twenty-five thousand dollars or
less in the case of a
decedent dying on or after July 1, 1968, but
before January 1,
2001; two hundred thousand dollars or less in the
case of a
decedent dying on or after January 1, 2001, but before
January
1,
2002; or three hundred thirty-eight thousand
three hundred
thirty-three dollars or less in the
case of a decedent dying on or
after January 1, 2002.
If a probate court
issues an order that
grants a summary
release from administration in connection with a
decedent's
estate under section 2113.031 of the Revised
Code, that
order eliminates the
duty of all persons to file an estate tax
return and certificate
under divisions (A)(1)(a) and (b) of
this
section with respect to the estate for which the order was
granted.
(4)(a) Upon receipt of the estate tax return described in
division (A)(1)(a) of this section and the accompanying
certificate described in division (A)(1)(b) of this section, the
probate court promptly shall give notice of the return, by a form
prescribed by the tax commissioner, to the county auditor. The
auditor then shall make a charge based upon the notice and shall
certify a duplicate of the charge to the county treasurer. The
treasurer then shall collect, subject to division (A) of section
5731.25 of the Revised Code or any other statute extending the
time for payment of an estate tax, the tax so charged.
(b) Upon receipt of the return and the accompanying
certificate, the probate court also shall forward the certificate
to the auditor. When satisfied that the estate taxes under
section 5731.02 or division (A) of section 5731.19 of the Revised
Code, that are shown to be due in the return, have been paid in
full, the auditor shall stamp the certificate so forwarded to
verify that payment. The auditor then shall return the stamped
certificate to the probate court.
(5)(a) The certificate described in division (A)(1)(b) of
this section is a public record subject to inspection and copying
in accordance with section 149.43 of the Revised Code. It shall
be kept in the records of the probate court pertaining to the
decedent's estate and is not subject to the confidentiality
provisions of section 5731.90 of the Revised Code.
(b) All persons are entitled to rely on the statements
contained in a certificate as described in division (A)(1)(b) of
this section if it has been filed in accordance with that
division, forwarded to a county auditor and stamped in accordance
with division (A)(4) of this section, and placed in the records
of
the probate court pertaining to the decedent's estate in
accordance with division (A)(5)(a) of this section. The real
property referred to in the certificate shall be free of, and may
be regarded by all persons as being free of, any lien for estate
taxes under section 5731.02 and division (A) of section 5731.19
of
the Revised Code.
(B) An estate tax return filed under this section, in the
form prescribed by the tax commissioner, and showing that no
estate tax is due shall result in a determination that no estate
tax is due, if the tax commissioner within three months after the
receipt of the return by the department of taxation, fails to
file
exceptions to the return in the probate court of the county
in
which the return was filed. A copy of exceptions to a
return of
that nature, when the tax commissioner files them within that
period,
shall be sent by ordinary mail to the person who filed the
return. The tax commissioner is not bound under this division by
a determination that no estate tax is due, with respect to
property not disclosed in the return.
(C) If the executor, administrator, or other person
required
to file an estate tax return fails to file it within
nine months
of the date of the decedent's death, the tax
commissioner may
determine the estate tax in that estate and
issue a certificate of
determination in the same manner as is
provided in division (B) of
section 5731.27 of the Revised Code.
A certificate of
determination of that nature has the same force and effect
as
though a return had been filed and a certificate of
determination
issued with respect to the return.
Sec. 5733.021. (A) Each taxpayer
that does not in
January
file the report and make the payment required by
section 5733.02
of the Revised Code shall make and file a
declaration of estimated
tax report for the tax year.
The declaration of estimated tax report shall be filed with
the
tax commissioner on or before the last day
of January in
such
form as prescribed by the tax commissioner, and
shall
reflect
an
estimate of the total amount due under this
chapter
for the tax
year.
(B) A taxpayer required to file a declaration of estimated
tax report shall make remittance of such estimated tax to the
tax
commissioner as follows:
(1) The entire estimated tax at the time of filing the
declaration of estimated tax report, if such estimated tax is not
in excess of the minimum tax as provided in section 5733.06 of
the
Revised Code;
(2) If the estimated tax is in excess of the minimum tax:
(a) One-third of the estimated tax at the time of filing
the
declaration of estimated tax report;
(b) Two-thirds of the estimated tax on or before the last
day of March of the tax year,
if the report
required by section
5733.02 of the Revised Code
is filed
on or before the last day
of March of the tax year.
(3) If the estimated tax
is in excess of the minimum
tax,
and an extension of time for filing the report required by
section
5733.02 of the Revised Code has been granted pursuant to
section
5733.13 of the Revised Code:
(a) One-third of the estimated tax at the time of filing
the
declaration of estimated tax report;
(b) One-third of the estimated tax on or before the last
day
of March of the tax year;
(c) One-third of the estimated tax on or before the last
day
of May of the tax year.
Remittance of the estimated tax shall be made
payable to the
treasurer of state and shall be made in the form
prescribed by the
tax commissioner, including electronic funds
transfer if required
by section 5733.022 of the Revised Code.
The
tax commissioner shall immediately forward to the
treasurer of state all amounts received under this section, and
the treasurer of state shall credit all payments of such
estimated
tax as provided in section 5733.12 of the Revised Code.
(C)(1)(a) For any period of delinquency ending prior to the
first day of June of the tax year:
(a) The
, the penalty under division (A)(2) of section
5733.28
of
the Revised Code may
only be imposed
only on the
delinquent
portion of
the estimated tax required to be paid under
divisions
(B)(2)(a)
and (b) and (B)(3)(a) and (b) of this section.
(b)
The interest under section 5733.26 of the Revised Code
shall only be imposed on the delinquent portion of estimated tax
required to be paid under divisions (B)(2)(a), (B)(2)(b),
(B)(3)(a), and (B)(3)(b) of this section.
(c) If the taxpayer was not subject to tax for the
immediately preceding tax year, "estimated tax" for purposes of
division (C)(1) of this section is ninety per cent of the
qualifying
net tax for the
current tax year. If the taxpayer was
subject to the tax for the immediately preceding tax year,
"estimated tax" for purposes of division (C)(1) of this section is
the lesser of one hundred per cent of the qualifying net tax for
the immediately preceding tax year or ninety per cent of the
qualifying net tax for the
current tax year.
(2)(a) For any period of delinquency commencing the first
day
of June of the tax year and concluding on the extended due
date
pursuant to section 5733.13 of the Revised Code:
(a) The, the penalty under division (A)(2) of section
5733.28 of
the Revised Code may
only be imposed
only on the
delinquent portion of
the estimated tax required to be paid under
division (B)(3)(c) of
this section.
(b)
The interest under section 5733.26 of the Revised Code
shall be imposed on the delinquent portion of the amount in
division (C)(3)(a) of this section for the current tax year.
(c) For purposes of division (C)(2) of this section,
"estimated tax" is ninety per cent of the qualifying net tax for
the
current tax year.
(3) If the taxpayer did not file a report under section
5733.02 of the Revised Code for the tax year or failed to prepare
and file the report in good faith for the tax year, "qualifying
net tax" as used in division (C) of this section for that tax year
means the amount described in division (C)(3)(a) of this
division
section.
Otherwise, "qualifying net tax" as used in division (C)
of this
section for that tax year means the lesser of the amount
described
in division (C)(3)(a) or (b) of this section:
(a) The tax imposed by sections 5733.06, 5733.065, and
5733.066 of the Revised Code for that tax year reduced by the
credits listed in section 5733.98 of the Revised Code. If the
credits exceed the total tax, the qualifying net tax is
zero
the
minimum tax.
(b) The lesser of the tax shown on the report,
prepared and
filed in good faith, reduced by
the credits shown on that report,
or the tax shown on an amended
report, prepared and filed in good
faith, reduced by the credits
shown on that amended report. If
the credits shown exceed the
total tax shown, the qualifying net
tax is
zero
the minimum tax.
Sec. 5733.26. (A) Except as provided in section
5733.261 of
the Revised Code, if the tax imposed by
section
sections 5733.06,
5733.065, and 5733.066 of the Revised Code,
or any portion of that
tax, whether determined by the tax
commissioner or the taxpayer
for the tax year, reduced by the credits listed in section 5733.98
of the Revised Code, is not paid on or before the date
prescribed
for its payment, interest shall be assessed,
collected, and paid,
in the same manner as the tax, upon such
unpaid amount at the rate
per annum prescribed by section 5703.47
of the Revised Code from
the date prescribed for its payment
until it is paid or until the
day an assessment is issued under section
5733.11 of the Revised
Code, whichever occurs first.
For estimated tax payments due under
division (B) of section 5733.021 of the Revised Code, the interest
due on the delinquent portion of the estimated tax required to be
paid under that section shall be based on the tax owed for the tax
year without regard to division (C) of section 5733.021 of the
Revised Code.
(B) Interest shall be allowed and paid at the rate per
annum
prescribed by section 5703.47 of the Revised Code upon
amounts
refunded with respect to the tax imposed by
section
sections
5733.06, 5733.065, and 5733.066 of the Revised Code. The interest
shall run from whichever
of the following dates is
the latest
until the date the refund is paid: the date of the
illegal,
erroneous, or excessive payment; the ninetieth day after
the final
date the annual report under section 5733.02 of the
Revised Code
was required to be filed; or the ninetieth day after
the date that
report was filed.
If the overpayment results from the carryback of a net
capital loss to a previous taxable year, the overpayment is
deemed
not to have been made prior to the filing date, including
any
extension thereof, for the taxable year in which the net
capital
loss arises.
Sec. 5733.40. As used in sections 5733.40 and 5733.41 and
Chapter
5747. of the Revised Code:
(A)(1)
"Adjusted qualifying amount" means either of the
following:
(a) The
sum of a qualifying investor's distributive
share
of the
income, gain, expense, or loss of a qualifying
pass-through
entity for the qualifying taxable year of the
qualifying
pass-through
entity multiplied by the apportionment
fraction
defined in
division (B) of this section, subject to
section
5733.401 of
the Revised Code and
divisions (A)(2) to
(7)
of this
section;
(b) The sum of a qualifying beneficiary's share of the
qualifying net income
and qualifying net gain distributed by a
qualifying trust for the qualifying
taxable year of the qualifying
trust multiplied by the apportionment
fraction defined in division
(B) of this section, subject to section
5733.401 of the Revised
Code and divisions (A)(2)
to
(6) of this section.
(2) The sum shall exclude any amount which, pursuant to the
Constitution of
the United States, the Constitution of Ohio, or
any federal law is not subject
to a tax on or measured by net
income.
(3) The sum shall be increased by all amounts representing
expenses other
than amounts described in division
(A)(7) of
this
section that the
qualifying entity paid to or
incurred with
respect to
direct or indirect transactions with one
or more
related members,
excluding the cost of goods sold
calculated in
accordance with
section 263A of the Internal Revenue
Code and
United States
department of the treasury regulations
issued
thereunder.
Nothing
in division (A)(3) of this section
shall be
construed to limit
solely
to this chapter the application
of
section 263A of the
Internal Revenue Code
and United States
department of the treasury
regulations issued thereunder.
(4) The sum shall be increased by all recognized losses,
other than losses from sales of inventory the cost of which is
calculated in
accordance with section 263A of the Internal Revenue
Code and United States
department of the treasury regulations
issued thereunder, with respect to all
direct or indirect
transactions with one or more related members. Losses from
the
sales of such inventory shall be calculated in accordance with
section 482
of the Internal Revenue Code and United States
department of the treasury
regulations issued thereunder. Nothing
in division (A)(4) of this section
shall be construed to limit
solely to this section the application of section
263A and
section 482 of the Internal Revenue Code and
United States
department
of the treasury regulations issued thereunder.
(5)
The sum shall be increased or decreased by an amount
equal to the qualifying investor's or qualifying beneficiary's
distributive or proportionate share of the amount that the
qualifying entity would be required to add or deduct under
divisions (A)(20) and (21) of section 5747.01 of the Revised Code
if the qualifying entity were a taxpayer for the purposes of
Chapter 5747. of the Revised Code, multiplied by the apportionment
fraction for the qualifying entity's taxable year for which the
addition or deduction would be required to be made.
(6) The sum shall be computed without regard to section
5733.051 or division
(D) of section 5733.052 of the Revised Code.
(7) For the purposes of Chapters 5733. and 5747. of the
Revised Code,
guaranteed payments
or compensation paid to
investors by a
qualifying entity
that is not subject to the tax
imposed
by
section 5733.06 of the
Revised Code
shall be considered
a
distributive share of income
of the
qualifying entity.
Division
(A)(7)
of this section
applies only to such payments or
such
compensation
paid to
an investor who at any time during the
qualifying
entity's
taxable year holds at
least a twenty per cent
direct or
indirect
interest in the profits or
capital of the
qualifying
entity.
(B)
"Apportionment fraction" means:
(1) With respect to a qualifying pass-through entity
other
than a financial institution, the fraction calculated
pursuant to
division (B)(2) of section 5733.05 of the Revised Code
as if the
qualifying pass-through entity were a corporation
subject to the
tax imposed by section 5733.06 of the Revised Code;
(2) With respect to a qualifying pass-through entity that is
a financial
institution, the fraction calculated pursuant to
division (C)
of section 5733.056 of the
Revised Code as if the
qualifying pass-through entity were a financial
institution
subject to the tax imposed by section 5733.06 of the Revised Code.
(3) With respect to a qualifying trust, the fraction
calculated pursuant to division (B)(2) of section 5733.05 of the
Revised Code
as if the qualifying trust were a corporation subject
to the tax imposed by
section 5733.06 of the Revised Code, except
that the property, payroll, and
sales fractions shall be
calculated by including in the numerator and denominator of the
fractions only the property, payroll, and sales, respectively,
directly related to the production of income or gain from
acquisition,
ownership, use, maintenance, management, or
disposition of
tangible personal property located in this state at
any time
during the qualifying trust's qualifying taxable year or
of real property
located in this state.
(C)
"Qualifying beneficiary" means any individual that,
during
the qualifying taxable year of a qualifying trust, is a
beneficiary of that
trust, but does not include an individual who
is a resident taxpayer for the
purposes of Chapter 5747. of the
Revised Code for the entire qualifying
taxable year of the
qualifying trust.
(D)
"Fiscal year" means an accounting period ending on any
day
other than the thirty-first day of December.
(E)
"Individual" means a natural person.
(F)
"Month" means a calendar month.
(G)
"Partnership" has the same meaning as in section 5747.01
of the Revised Code.
(H)
"Investor" means any person that, during any portion of
a
taxable year of a qualifying pass-through entity, is a partner,
member, shareholder, or investor in that qualifying pass-through
entity.
(I) Except as otherwise provided in section 5733.402 or
5747.401 of the Revised Code,
"qualifying investor" means any
investor except
those described in divisions (I)(1) to (9) of this
section.
(1) An investor satisfying one of the descriptions under
section
501(a) or (c) of
the Internal Revenue Code,
an electing
small business trust, a partnership
with equity securities
registered with the United States
securities and exchange
commission under section 12 of the
"Securities Exchange Act of
1934," as amended, or
an investor described in division (F) of
section 3334.01, or division (A)
or (C) of section 5733.09 of the
Revised Code for the entire qualifying
taxable
year of the
qualifying pass-through entity.
(2) An investor who is either an individual or an estate and
is a resident taxpayer for the purposes
of section 5747.01 of the
Revised Code for the entire qualifying taxable year
of the
qualifying pass-through entity.
(3) An investor who is an individual for whom the qualifying
pass-through
entity makes a good faith and reasonable
effort to
comply fully and timely with the filing and payment
requirements
set forth in division (D) of section 5747.08 of the Revised Code
and section 5747.09 of the Revised Code with respect to the
individual's
adjusted qualifying amount for the entire
qualifying
taxable year of the qualifying pass-through entity.
(4) An investor that is another qualifying pass-through
entity having only
investors described in division (I)(1),
(2),
(3), or (6) of this section during the three-year period
beginning
twelve months prior to the first day of the qualifying
taxable
year of the qualifying pass-through entity.
(5) An investor that is
another pass-through entity having
no investors other than
individuals and estates during the
qualifying taxable year of
the qualifying pass-through entity in
which it is an investor,
and that makes a good faith and
reasonable effort to comply fully and timely
with the filing and
payment requirements set forth in division (D) of
section 5747.08
of the Revised Code and section 5747.09 of the Revised Code
with
respect to investors that are not resident taxpayers of this state
for the purposes of Chapter 5747. of the Revised Code
for the
entire qualifying taxable year of the qualifying
pass-through
entity in which it is an
investor.
(6) An investor that is a financial institution required to
calculate the tax
in accordance with division (D) of section
5733.06 of the Revised Code on the
first day of January of the
calendar year immediately following the last day
of the
financial
institution's calendar or fiscal year in which ends the taxpayer's
taxable year.
(7) An investor other than an individual that satisfies all
the
following:
(a) The investor submits a written statement to the
qualifying
pass-through entity stating that the investor
irrevocably agrees that the investor has nexus with this state
under the
Constitution of the United
States and is subject to and
liable for the tax calculated under division (B)
of section
5733.06 of the Revised Code
with respect to the investor's
adjusted qualifying
amount for the entire qualifying taxable year
of the qualifying
pass-through entity. The statement is subject
to the penalties
of perjury, shall be retained by the qualifying
pass-through
entity for no fewer than seven years, and shall be
delivered to
the tax commissioner upon request.
(b) The investor makes a good faith and reasonable effort to
comply timely
and fully with all the reporting and payment
requirements set forth in Chapter
5733. of the Revised Code with
respect to the investor's adjusted qualifying
amount for the
entire qualifying taxable year of the qualifying
pass-through
entity.
(c) Neither the investor nor the qualifying pass-through
entity
in which it is an investor, before, during, or after the
qualifying
pass-through entity's qualifying taxable year,
carries
out any transaction or transactions with one or more related
members
of the investor or the qualifying pass-through entity
resulting in a
reduction or deferral of tax imposed by Chapter
5733. of the Revised Code
with respect to all or any portion of
the investor's
adjusted qualifying amount for the qualifying
pass-through
entity's taxable year, or that
constitute a sham,
lack economic reality, or are part of a
series of transactions the
form of which constitutes a step transaction or
transactions or
does not reflect the substance of those transactions.
(8) Any other investor that the tax commissioner may
designate by rule. The tax commissioner may adopt rules
including
a rule defining
"qualifying investor" or
"qualifying beneficiary"
and governing
the imposition of the withholding tax imposed by
section 5747.41 of the
Revised Code with respect to an individual
who is a resident taxpayer for the
purposes of Chapter 5747. of
the Revised Code
for only a portion of the qualifying taxable year
of the
qualifying entity.
(9) An investor that is a trust or fund the beneficiaries of
which, during
the qualifying taxable year of the qualifying
pass-through entity, are limited
to the following:
(a) A person that is or may be the beneficiary of a trust
subject to
Subchapter D of Chapter 1 of Subtitle A of the Internal
Revenue Code.
(b) A person that is or may be the
beneficiary of or the
recipient of payments from a trust or fund
that is a nuclear
decommissioning reserve fund, a designated
settlement fund, or any
other trust or fund established to
resolve and satisfy claims that
may otherwise be asserted by the
beneficiary or a member of the
beneficiary's family. Sections
267(c)(4), 468A(e), and 468B(d)(2)
of the Internal Revenue Code apply to the
determination of whether
such a person satisfies division (I)(9) of this
section.
(c) A person who is or may be the beneficiary of a trust
that, under its
governing instrument, is not required to
distribute all of its income
currently. Division (I)(9)(c) of
this section applies only if the trust,
prior to the due date for
filing the qualifying pass-through entity's return
for taxes
imposed by section 5733.41 and sections 5747.41 to 5747.453 of
the
Revised Code, irrevocably agrees in writing that for the taxable
year
during or for which the trust distributes any of its income
to any of its
beneficiaries, the trust is a qualifying trust and
will pay the estimated tax,
and will withhold and pay the withheld
tax, as required under
sections 5747.40 to 5747.453 of the Revised
Code.
For the purposes of division (I)(9) of
this section, a trust
or fund shall be considered to have a
beneficiary other than
persons described under divisions
(I)(9)(a) to (c) of this section
if a beneficiary would
not qualify under those divisions under the
doctrines of
"economic reality,"
"sham transaction,"
"step
doctrine," or
"substance over form." A trust or fund described in
division
(I)(9) of this section bears the burden of establishing
by a preponderance of
the evidence that any transaction giving
rise to the tax benefits provided
under division (I)(9) of this
section does not have as a principal purpose a
claim of those tax
benefits. Nothing in this section shall be construed to
limit
solely to this section the application of the doctrines
referred
to in this paragraph.
(J)
"Qualifying net gain" means any recognized net gain with
respect to the acquisition, ownership, use, maintenance,
management, or
disposition of tangible personal property located
in this state at any time
during a trust's qualifying taxable year
or real property located in
this state.
(K)
"Qualifying net income" means any recognized income, net
of
related deductible expenses, other than distributions
deductions
with respect to the acquisition, ownership,
use,
maintenance, management, or disposition of tangible personal
property
located in
this state at any time during the trust's
qualifying taxable year or
real property located in this state.
(L)
"Qualifying entity" means a qualifying pass-through
entity
or a qualifying trust.
(M)
"Qualifying trust" means a trust subject to subchapter J
of the Internal
Revenue Code
that, during any portion of the
trust's qualifying taxable year, has income
or gain from the
acquisition, management, ownership, use,
or disposition of
tangible personal property located in this
state at any time
during the trust's qualifying taxable year or real
property
located in this state.
"Qualifying trust" does not
include a
person described in section 501(c) of the Internal Revenue Code
or
a person described in division (C) of section 5733.09 of the
Revised Code.
(N)
"Qualifying pass-through entity" means a pass-through
entity
as defined in section 5733.04 of the Revised Code,
excluding a person
described in section 501(c)
of the Internal
Revenue Code, a partnership with equity securities registered
with
the United States securities and exchange commission under
section
12 of the Securities Exchange Act of 1934, as amended, or a person
described in division (C) of section 5733.09 of the Revised Code.
(O)
"Quarter" means the first three months, the second three
months, the third three months, or the last three months of
a
qualifying entity's qualifying taxable year.
(P)
"Related member" has the same meaning as in division
(A)(6) of section
5733.042 of the Revised Code without regard to
division (B) of that section.
However, for the purposes of
divisions (A)(3) and (4) of this section only,
"related member"
has the same
meaning as in division (A)(6) of section 5733.042 of
the Revised Code without
regard to division (B) of that section,
but shall be applied by substituting
"forty per cent" for
"twenty
per cent" wherever
"twenty per cent" appears in
division (A) of
that section.
(Q)
"Return" or
"report" means the notifications and reports
required to be filed pursuant to sections 5747.42 to 5747.45 of
the Revised
Code for the purpose of reporting the tax imposed
under section 5733.41 or
5747.41 of the Revised Code, and included
declarations of estimated tax when
so required.
(R)
"Qualifying taxable year" means the calendar year or the
qualifying
entity's fiscal year ending during the calendar year,
or fractional part
thereof, for which the adjusted qualifying
amount is calculated pursuant to
sections 5733.40 and 5733.41 or
sections 5747.40 to 5747.453 of the Revised
Code.
(S) "Distributive share" includes the sum of the income,
gain, expense, or loss of a disregarded entity.
Sec. 5733.401. (A) As
used in this section:
(1)
"Investment pass-through entity" means a pass-through
entity having for its qualifying taxable year at least ninety
per
cent of its gross income from transaction fees in connection
with
the acquisition, ownership, or disposition of intangible
property,
loan fees, financing fees, consent fees, waiver fees,
application
fees, net management fees, dividend income, interest
income, net
capital gains from the sale or exchange of
intangible property, or
distributive shares of income from
pass-through entities; and
having for its qualifying taxable
year at least ninety per cent of
the net book value of
its assets represented by intangible assets.
Such percentages shall be the quarterly average of those
percentages as calculated during the pass-through entity's
taxable
year.
(2)
"Net management fees" means management fees that a
pass-through entity earns or receives from all sources, reduced
by
management fees that the pass-through entity incurs or pays
to any
person.
(B) For the purposes of
divisions (A) and
(C) of this
section only, an
investment in a pass-through entity shall be
deemed to be an
investment in an intangible asset, and sections
5733.057 and 5747.231 of the Revised Code do not apply for the
purposes of making the determinations required by division (A) of
this section or claiming the exclusion provided by division (C) of
this section.
(C)(1) Except as otherwise
provided in division
(D)(C)(2) of
this
section, for the purposes of division
(A) of section 5733.40
of
the
Revised Code, an investment
pass-through entity shall
exclude
from the calculation of the
adjusted qualifying amount
all
the portion of the investment pass-though entity's net income
attributable to
transaction fees in connection
with the
acquisition, ownership, or
disposition of intangible
property;
loan fees; financing fees;
consent fees; waiver fees;
application
fees; net management
fees,
but if such fees exceed five per cent
of the entity's net
income
calculated in accordance with generally
accepted accounting
principles, all net management fees shall be
included in the
calculation of the adjusted qualifying amount;
dividend income;
interest
income; net capital gains from the sale
or, exchange, or other disposition of
intangible property; and all
types and
classifications of income
attributable to distributive
shares of
income from other
pass-through entities. Nothing in
this division
shall be
construed to provide for an exclusion of
any item from
adjusted
qualifying amount more than once.
(D) Sections 5733.057
and 5747.231 of the Revised Code do
not apply for the
purposes of making the determinations required
by division
(A) of this section or claiming
the exclusion provided
by division
(C) of this section.
(2) Notwithstanding division (C)(1) of this section, the
portion of the investment pass-through entity's net income
attributable to net management fees shall not be excluded from the
calculation of the adjusted qualifying amount if such net
management fees exceed five per cent of the entity's net income
calculated in accordance with generally accepted accounting
principles.
Sec. 5739.031. (A)
Upon application, the tax
commissioner
may
issue a direct payment permit that
authorizes a
consumer to
pay the sales tax
levied by or pursuant to section
5739.02,
5739.021, 5739.023, or
5739.026 of the Revised Code or
the use tax
levied by or pursuant
to section 5741.02, 5741.021,
5741.022, or
5741.023 of the
Revised
Code directly to the state
and
waives the
collection of
the tax by
the vendor or
seller
if payment directly
to the state would improve compliance
and increase the efficiency
of the administration of the tax. The
commissioner may adopt
rules
establishing the criteria for the
issuance of such permits.
(B) Each permit holder, on or before the twenty-third day
of
each month, shall make and file with the treasurer of state a
return for the preceding month in such form as is prescribed by
the
tax commissioner and shall pay the tax shown on the return to
be
due. The return shall show the sum of the prices of taxable
merchandise used and taxable services received, the amount of tax
due from the permit holder, and such other information as the
commissioner deems necessary. The commissioner, upon written
request by the permit holder, may extend the time for making and
filing returns and paying the tax. If the commissioner
determines
that a permit holder's tax liability is not such as to
merit
monthly filing, the commissioner may authorize the permit
holder
to file returns and pay the tax at less frequent
intervals. The
treasurer of state shall show on the return the
date it was filed
and the amount of the payment remitted to the
treasurer.
Thereafter, the treasurer immediately shall transmit
all returns
filed under this section to the tax commissioner.
Any permit holder required to file a return and pay the tax
under this section whose total payment for any calendar year
equals or exceeds the amount shown in
section 5739.032 of the
Revised Code shall make each payment
required by this section in
the second ensuing and each
succeeding
year by electronic funds
transfer as prescribed by
section
5739.032 of the Revised Code,
except as otherwise
prescribed by
that section.
(C) For purposes of reporting and remitting the tax, the
price of tangible personal property or services purchased by, or
of tangible personal property produced by, the permit holder
shall
be determined under division (G) of section 5741.01 of the
Revised
Code.
Notwithstanding
Except as otherwise provided in division (C)
of section 5739.033 of the Revised
Code,
the
situs of any
purchase
transaction made
by the
permit holder
is
the location
where
the tangible
personal
property or service is
received by the
permit holder.
(D) It shall be the duty of every permit holder required
to
make a return and pay
its tax under this section to keep and
preserve suitable records of purchases together with invoices of
purchases, bills of lading, asset ledgers, depreciation
schedules,
transfer journals, and such other primary and
secondary records
and documents in such form as the commissioner
requires. All such
records and other documents shall be open
during business hours to
the inspection of the
tax commissioner, and
shall be preserved for
a
period of four years, unless the
commissioner, in writing, has
authorized their destruction or
disposal at an earlier date, or by
order
or by reason of a waiver of the four-year time limitation
pursuant to section 5739.16 of the Revised Code requires that they
be
kept longer.
(E) A permit granted pursuant to this section shall
continue
to be valid until surrendered by the holder or canceled
for cause
by the
tax commissioner.
(F) Persons who hold a direct payment permit that has not
been canceled shall not be required to issue exemption
certificates and shall not be required to pay the tax as
prescribed in sections 5739.03, 5739.033, and 5741.12 of the
Revised Code. Such persons shall notify vendors and sellers from
whom purchases of tangible personal property or services are
made,
of their direct payment permit number and that the tax is
being
paid directly to the state. Upon receipt of such notice,
such
vendor or seller shall be absolved from all duties and
liabilities
imposed by section 5739.03 or 5741.04 of the Revised
Code with
respect to sales of tangible personal property or
services to such
permit holder.
Vendors and sellers who make sales upon which the tax is
not
collected by reason of the provisions of this section shall
maintain records in such manner that the amount involved and
identity of the purchaser may be ascertained. The receipts from
such sales shall not be subject to the tax levied in section
5739.10 of the Revised Code.
Upon the cancellation or surrender of a direct payment
permit, the provisions of sections 5739.03, 5741.04 and 5741.12
of
the Revised Code shall immediately apply to all purchases made
subsequent to such cancellation or surrender by the person who
previously held such permit, and such person shall so notify
vendors and sellers from whom purchases of tangible personal
property or services are made, in writing, prior to or at the
time
of the first purchase after such cancellation or surrender.
Upon
receipt of such notice, the vendor shall be subject to the
provisions of sections 5739.03 and 5739.10 of the Revised Code
and
the seller shall be subject to the provisions of section
5741.04
of the Revised Code, with respect to all sales
subsequently made
to such person. Failure of any such person to
notify vendors or
sellers from whom purchases of tangible
personal property or
services are made of the cancellation or
surrender of a direct
payment permit shall be considered as a
refusal to pay the tax by
the person required to issue such
notice.
Sec. 5747.01. Except as otherwise expressly provided or
clearly appearing from the context, any term used in this chapter
has the same meaning as when used in a comparable context in the
Internal Revenue Code, and all other statutes of the United
States
relating to federal income taxes.
(A) "Adjusted gross income" or "Ohio adjusted gross
income"
means
federal adjusted gross income, as defined and used in the
Internal
Revenue Code, adjusted as provided in this section:
(1) Add interest or dividends on obligations or securities
of any state or of any political subdivision or authority of any
state, other than this state and its subdivisions and authorities.
(2) Add interest or dividends on obligations of any
authority, commission, instrumentality, territory, or possession
of the United States
to the extent that
the interest or dividends
are exempt from federal income taxes
but
not from state income
taxes.
(3) Deduct interest or dividends on obligations of the
United States and its territories and possessions or of any
authority, commission, or instrumentality of the United States to
the extent
that the interest or dividends are included in federal
adjusted gross income but exempt
from state income taxes under the
laws of the United States.
(4) Deduct disability and survivor's benefits to the
extent
included in federal adjusted gross income.
(5) Deduct benefits under Title II of the Social Security
Act and tier 1 railroad retirement benefits to the extent
included
in federal adjusted gross income under section 86 of the
Internal
Revenue Code.
(6)
In the case of a taxpayer who is a beneficiary of
a
trust that makes an accumulation distribution as defined in
section 665 of the Internal Revenue Code,
add, for the
beneficiary's taxable years
beginning before 2002 or after 2004,
the portion, if
any, of
such distribution
that does not exceed the
undistributed
net
income of the trust for
the three taxable years
preceding the
taxable year in which the
distribution is made
to
the extent that the portion was not included in the trust's
taxable income for any of the trust's taxable years beginning in
2002, 2003, or 2004.
"Undistributed
net
income of a trust" means
the taxable income of
the trust
increased
by (a)(i) the additions
to adjusted gross
income
required under
division (A) of this
section and (ii) the
personal
exemptions
allowed to the trust
pursuant to section
642(b) of the
Internal
Revenue Code, and
decreased by (b)(i) the
deductions to
adjusted
gross income
required under division (A) of
this
section,
(ii) the
amount of
federal income taxes attributable
to
such
income, and
(iii) the
amount of taxable income that has
been
included in the
adjusted
gross income of a beneficiary by
reason
of a prior
accumulation
distribution. Any undistributed
net
income included
in the
adjusted gross income of a beneficiary
shall reduce the
undistributed net income of the trust commencing
with the earliest
years of the accumulation period.
(7) Deduct the amount of wages and salaries, if any, not
otherwise allowable as a deduction but that would have been
allowable as a deduction in computing federal adjusted gross
income for the taxable year, had the targeted jobs credit allowed
and determined under sections 38, 51, and 52 of the Internal
Revenue Code not been in effect.
(8) Deduct any interest or interest equivalent on public
obligations and purchase obligations to the extent
that the
interest or interest equivalent is included in
federal adjusted
gross income.
(9) Add any loss or deduct any gain resulting from the
sale,
exchange, or other disposition of public obligations to the
extent
that the loss has been deducted or the gain has been
included in
computing federal adjusted gross income.
(10)
Deduct or add amounts, as provided under section
5747.70 of the
Revised
Code, related to contributions to variable
college savings program
accounts made or tuition credits purchased
pursuant to Chapter
3334. of the Revised Code.
(11)(a) Deduct, to the extent not otherwise allowable as a
deduction or
exclusion in computing federal or Ohio adjusted gross
income for the taxable
year, the amount the taxpayer paid during
the taxable year for medical care
insurance and qualified
long-term care insurance for the taxpayer, the
taxpayer's spouse,
and dependents. No deduction for medical care insurance
under
division (A)(11) of this section shall be allowed either to any
taxpayer
who is eligible to participate in any subsidized health
plan maintained by any
employer of the taxpayer or of the
taxpayer's spouse, or to any taxpayer who
is entitled to, or on
application would be entitled to, benefits under part A of Title
XVIII of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.
301, as amended. For the purposes of division (A)(11)(a) of this
section, "subsidized health plan" means a health plan for which
the employer pays any portion of the plan's cost. The deduction
allowed under division (A)(11)(a) of this section shall be the net
of any related premium refunds, related premium reimbursements, or
related insurance premium dividends received during the taxable
year.
(b) Deduct, to the extent not otherwise deducted or excluded
in
computing federal or Ohio adjusted gross income during the
taxable
year, the amount the taxpayer paid during the taxable
year, not
compensated for by any insurance or otherwise, for
medical care of
the taxpayer, the taxpayer's spouse, and
dependents, to the extent
the expenses exceed seven and one-half
per cent of the taxpayer's
federal adjusted gross income.
(c) For purposes of division (A)(11) of this section,
"medical
care" has the meaning given in section 213 of the
Internal Revenue
Code, subject to the special rules, limitations,
and exclusions
set forth therein, and "qualified long-term care"
has the same
meaning given in section 7702(B)(b) of the Internal
Revenue Code.
(12)(a) Deduct any amount included in federal adjusted gross
income solely because the amount represents a reimbursement or
refund of expenses that in any year the taxpayer had
deducted as
an itemized deduction pursuant to section 63 of the
Internal
Revenue Code and applicable United States
department of the
treasury regulations.
The deduction otherwise allowed under
division (A)(12)(a) of this section shall be reduced to the extent
the reimbursement is attributable to an amount the taxpayer
deducted under this section in any taxable year.
(b) Add any amount not otherwise included in Ohio adjusted
gross
income for any taxable year to the extent that the amount is
attributable to the recovery during the taxable year of any amount
deducted or excluded in computing federal or Ohio adjusted gross
income in any taxable year.
(13) Deduct any portion of the deduction described in
section 1341(a)(2) of the Internal Revenue Code, for repaying
previously reported income received under a claim of right, that
meets both of the following requirements:
(a) It is allowable for repayment of an item that was
included in the taxpayer's adjusted gross income for a prior
taxable year and did not qualify for a credit under division (A)
or (B) of section 5747.05 of the Revised Code for that year;
(b) It does not otherwise reduce the taxpayer's adjusted
gross income for the current or any other taxable year.
(14) Deduct an amount equal to the deposits made to, and
net
investment earnings of, a medical savings account during the
taxable year,
in accordance with section 3924.66 of the Revised
Code. The deduction
allowed by division (A)(14) of this section
does not apply to medical
savings account deposits and earnings
otherwise deducted or excluded for the
current or any other
taxable year from the taxpayer's federal adjusted gross
income.
(15)(a) Add an amount equal to the funds withdrawn from a
medical
savings account during the taxable year, and the net
investment earnings on
those funds, when the funds withdrawn were
used for any purpose other than to
reimburse an account holder
for, or to pay, eligible medical expenses, in
accordance with
section 3924.66 of the Revised Code;
(b) Add the amounts distributed from a medical savings
account
under division (A)(2) of section 3924.68 of the Revised
Code during the
taxable year.
(16) Add any amount claimed as a credit under section
5747.059 of the Revised
Code to the extent that such amount
satisfies either of the following:
(a) The amount was deducted or excluded from the computation
of the
taxpayer's federal adjusted gross income as required to be
reported for the
taxpayer's taxable year under the Internal
Revenue Code;
(b) The amount resulted in a reduction of the taxpayer's
federal adjusted
gross income as required to be reported for any
of the taxpayer's taxable
years under the Internal Revenue Code.
(17) Deduct the amount contributed by the taxpayer to an
individual development account program established by a county
department of
job and family services pursuant to sections 329.11
to
329.14 of the Revised Code for
the purpose of matching funds
deposited by program participants. On request
of
the tax
commissioner, the taxpayer shall provide any information that, in
the
tax commissioner's opinion, is necessary to establish the
amount deducted
under
division (A)(17) of this section.
(18) Beginning in taxable year 2001, if the taxpayer is
married
and files a joint return and the
combined federal adjusted
gross income of the taxpayer and the taxpayer's
spouse for the
taxable year does not exceed one hundred thousand dollars, or
if
the taxpayer is single and has a federal adjusted gross income for
the
taxable
year not exceeding fifty thousand dollars, deduct
amounts paid during the
taxable year for qualified tuition and
fees paid to an eligible institution
for the taxpayer, the
taxpayer's spouse, or any dependent of the taxpayer, who
is a
resident of this state and is enrolled in or attending a program
that
culminates in a degree or diploma at an eligible institution.
The deduction
may be claimed only to the extent that qualified
tuition and fees are not
otherwise deducted or excluded for any
taxable year from federal or
Ohio adjusted gross income. The
deduction
may not be claimed for educational expenses for which
the taxpayer claims a
credit under section 5747.27 of the Revised
Code.
(19) Add any reimbursement received during the taxable year
of any amount
the taxpayer deducted under division (A)(18) of this
section in any
previous taxable year to the extent the amount is
not otherwise included in
Ohio adjusted gross income.
(20)(a) Add five-sixths of the amount of depreciation
expense allowed by subsection (k) of section 168 of the Internal
Revenue Code, including the taxpayer's proportionate or
distributive share of the amount of depreciation expense allowed
by that subsection to a pass-through entity in which the taxpayer
has a direct or indirect ownership interest. The tax
commissioner, under procedures established by the commissioner,
may waive the add-back related to a pass-through entity if the
taxpayer owns, directly or indirectly, less than five per cent of
the pass-through entity.
(b) Nothing in division (A)(20) of this section shall be
construed to adjust or modify the adjusted basis of any asset.
(c) To the extent the add-back required under division
(A)(20)(a) of this section is attributable to property generating
nonbusiness income or loss allocated under section 5747.20 of the
Revised Code, the add-back shall be sitused to the same location
as the nonbusiness income or loss generated by the property for
the purpose of determining the credit under division (A) of
section 5747.05 of the Revised Code. Otherwise, the add-back
shall be apportioned, subject to one or more of the four
alternative methods of apportionment enumerated in section 5747.21
of the Revised Code.
(21)(a) If the taxpayer was required to add an amount under
division (A)(20)(a) of this section for a taxable year, deduct
one-fifth of the amount so added for each of the five succeeding
taxable years.
(b) If the amount deducted under division (A)(21)(a) of
this
section is attributable to an add-back allocated under
division
(A)(20)(c) of this section, the amount deducted shall be
sitused
to the same location. Otherwise, the add-back shall be
apportioned using the apportionment factors for the taxable year
in which the deduction is taken, subject to one or more of the
four alternative methods of apportionment enumerated in section
5747.21 of the Revised Code.
(B) "Business income" means income, including gain or loss,
arising from
transactions, activities, and sources in the regular
course of a
trade or business and includes income, gain, or loss
from
real property, tangible
property, and
intangible
property if
the acquisition, rental,
management, and
disposition
of the
property constitute integral
parts of the
regular course of
a
trade or business operation.
"Business income"
includes income,
including gain or loss, from a
partial or
complete liquidation of
a business, including, but not
limited to,
gain or loss from the
sale or other disposition of
goodwill.
(C) "Nonbusiness income" means all income other than
business income and may include, but is not limited to,
compensation, rents and royalties from real or tangible personal
property, capital gains, interest, dividends and distributions,
patent or copyright royalties, or lottery winnings, prizes, and
awards.
(D) "Compensation" means any form of remuneration paid to
an
employee for personal services.
(E) "Fiduciary" means a guardian, trustee, executor,
administrator, receiver, conservator, or any other person acting
in any fiduciary capacity for any individual, trust, or estate.
(F) "Fiscal year" means an accounting period of twelve
months ending on the last day of any month other than December.
(G) "Individual" means any natural person.
(H) "Internal Revenue Code" means the "Internal Revenue
Code
of 1986," 100 Stat. 2085, 26 U.S.C.A. 1, as amended.
(I) "Resident" means
any of the following, provided that
division (I)(3) of this section applies only to taxable years of a
trust beginning in 2002, 2003, or 2004:
(1) An individual who is domiciled in this state, subject
to
section 5747.24 of the Revised Code;
(2) The estate of a decedent who at the time of death
was
domiciled in this state. The domicile tests of section
5747.24 of
the Revised Code and any election under section
5747.25 of the
Revised Code are not controlling for purposes of
division (I)(2)
of this section.
(3)
Division (I)(3) of this section applies only to taxable
years of a trust beginning in 2002, 2003, or 2004.
A
trust that, in whole or part, resides in this state.
If
only part of a trust resides in this state, the trust is a
resident only with respect to that part.
For
For the purposes of
division (I)(3) of this section, a:
(a) A trust resides in this state
for the trust's current
taxable year to
the extent, as described in division (I)(3)(d) of
this section, that
it
the trust consists, directly or indirectly,
in whole or
in part,
of the net current value, adjusted for
any
profits,
gains, or losses, of assets
or, net of any related
liabilities, that were
transferred, or caused to be transferred,
directly or indirectly,
to the trust by any of the following:
(a) The will
(i) A person, a court, or a governmental
entity or instrumentality on account of the death of a decedent
who was domiciled in this state
at the time of the decedent's
death, but only if the trust is described in division (I)(3)(e)(i)
or (ii) of this section;
(b)(ii) A person who
is
was domiciled in this state
if the
trust or
part of the trust is not irrevocable
for the purposes of
this chapter when the person directly or indirectly transferred
assets to an irrevocable trust, but only if at least one of the
trust's qualifying beneficiaries is domiciled in this state for
the purposes of this chapter during all or some portion of the
trust's current taxable year;
(c)(iii) A person who was domiciled in this state
for the
purposes of this chapter when the trust
document or instrument
or
part of the trust
document or instrument became irrevocable, but
only if, for all or
some portion of the current taxable year of
the trust, at least
one
beneficiary of the trust is a
resident
of
the trust's qualifying beneficiaries is a resident domiciled in
this state for the purposes of
this chapter
during all or some
portion of the trust's current taxable year.
For the purpose of
divisions (I)(3)(b) and (c) of this
section, the transfer of net assets to
a
(b) A trust is
irrevocable to
the extent that the transferor is not
considered to
be the owner
of the net assets of the trust under sections 671 to
678 of the
Internal
Revenue Code.
(c) With respect to a trust other than a charitable lead
trust, "qualifying beneficiary" has the same meaning as "potential
current beneficiary" as defined in section 1361(e)(2) of the
Internal Revenue Code, and with respect to a charitable lead trust
"qualifying beneficiary" is any current, future, or contingent
beneficiary, but with respect to any trust "qualifying
beneficiary" excludes a person or a governmental entity or
instrumentality to any of which a contribution would qualify for
the charitable deduction under section 170 of the Internal Revenue
Code.
(d) For the purposes of division (I)(3)(a) of this section,
the extent to which a trust consists directly or indirectly, in
whole or in part, of assets, net of any related liabilities, that
were transferred directly or indirectly, in whole or part, to the
trust by any of the sources enumerated in that division shall be
ascertained by multiplying the fair market value of the trust's
assets, net of related liabilities, by the qualifying ratio, which
shall be computed as follows:
(i) The first time the trust receives assets, the numerator
of the qualifying ratio is the fair market value of those assets
at that time, net of any related liabilities, from sources
enumerated in division (I)(3)(a) of this section. The denominator
of the qualifying ratio is the fair market value of all the
trust's assets at that time, net of any related liabilities.
(ii) Each subsequent time the trust receives assets, a
revised qualifying ratio shall be computed. The numerator of the
revised qualifying ratio is the sum of (1) the fair market value
of the trust's assets immediately prior to the subsequent
transfer, net of any related liabilities, multiplied by the
qualifying ratio last computed without regard to the subsequent
transfer, and (2) the fair market value of the subsequently
transferred assets at the time transferred, net of any related
liabilities, from sources enumerated in division (I)(3)(a) of this
section. The denominator of the revised qualifying ratio is the
fair market value of all the trust's assets immediately after the
subsequent transfer, net of any related liabilities.
(e) For the purposes of division (I)(3)(a)(i) of this
section:
(i) A trust is described in division (I)(3)(e)(i) of this
section if the trust is a testamentary trust and the testator of
that testamentary trust was domiciled in this state at the time of
the testator's death for purposes of the taxes levied under
Chapter 5731. of the Revised Code.
(ii) A trust is described in division (I)(3)(e)(ii) of this
section if the transfer is a qualifying transfer described in any
of divisions (I)(3)(f)(i) to (vi) of this section, the trust is an
irrevocable inter vivos trust, and at least one of the trust's
qualifying beneficiaries is domiciled in this state for purposes
of this chapter during all or some portion of the trust's current
taxable year.
(f) For the purposes of division (I)(3)(e)(ii) of this
section, a "qualifying transfer" is a transfer of assets, net of
any related liabilities, directly or indirectly to a trust, if the
transfer is described in any of the following:
(i) The transfer is made to a trust, created by the
decedent before the decedent's death and while the decedent was
domiciled in this state for the purposes of this chapter, and,
prior to the death of the decedent, the trust became irrevocable
while the decedent was domiciled in this state for the purposes of
this chapter.
(ii) The transfer is made to a trust to which the decedent,
prior to the decedent's death, had directly or indirectly
transferred assets, net of any related liabilities, while the
decedent was domiciled in this state for the purposes of this
chapter, and prior to the death of the decedent the trust became
irrevocable while the decedent was domiciled in this state for the
purposes of this chapter.
(iii) The transfer is made on account of a contractual
relationship existing directly or indirectly between the
transferor and either the decedent or the estate of the decedent
at any time prior to the date of the decedent's death, and the
decedent was domiciled in this state at the time of death for
purposes of the taxes levied under Chapter 5731. of the Revised
Code.
(iv) The transfer is made to a trust on account of a
contractual relationship existing directly or indirectly between
the transferor and another person who at the time of the
decedent's death was domiciled in this state for purposes of this
chapter.
(v) The transfer is made to a trust on account of the will
of a testator.
(vi) The transfer is made to a trust created by or caused
to be created by a court, and the trust was directly or indirectly
created in connection with or as a result of the death of an
individual who, for purposes of the taxes levied under Chapter
5731. of the Revised Code, was domiciled in this state at the time
of the individual’s death.
(g) The tax commissioner may adopt rules to ascertain the
part
of
a trust residing in this state
under this division.
(J) "Nonresident" means an individual or estate that is
not
a resident. An individual who is a resident for only part of
a
taxable year is a nonresident for the remainder of that taxable
year.
(K) "Pass-through entity" has the same meaning as in section
5733.04 of the
Revised Code.
(L) "Return" means the notifications and reports required
to
be filed pursuant to this chapter for the purpose of reporting
the
tax due and includes declarations of estimated tax when so
required.
(M) "Taxable year" means the calendar year or the
taxpayer's
fiscal year ending during the calendar year, or
fractional part
thereof, upon which the adjusted gross income is
calculated
pursuant to this chapter.
(N) "Taxpayer" means any person subject to the tax imposed
by section 5747.02 of the Revised Code or any pass-through entity
that
makes the election under division (D) of section 5747.08 of
the Revised Code.
(O) "Dependents" means dependents as defined in the
Internal
Revenue Code and as claimed in the taxpayer's federal
income tax
return for the taxable year or which the taxpayer
would have been
permitted to claim had the taxpayer filed a
federal income
tax
return.
(P) "Principal county of employment" means, in the case of
a
nonresident, the county within the state in which a taxpayer
performs services for an employer or, if those services are
performed in more than one county, the county in which the major
portion of the services are performed.
(Q) As used in sections 5747.50 to 5747.55 of the Revised
Code:
(1) "Subdivision" means any county, municipal corporation,
park district, or township.
(2) "Essential local government purposes" includes all
functions that any subdivision is required by general law to
exercise, including like functions that are exercised under a
charter adopted pursuant to the Ohio Constitution.
(R) "Overpayment" means any amount already paid that
exceeds
the figure determined to be the correct amount of the
tax.
(S) "Taxable income"
or "Ohio taxable income" applies
only
to estates
and
trusts,
and means
federal
taxable income, as
defined and used in the
Internal
Revenue Code,
adjusted as
follows:
(1) Add interest or dividends, net of ordinary, necessary,
and reasonable expenses not deducted in computing federal taxable
income, on obligations or securities
of any state or of any
political subdivision or authority of any
state, other than this
state and its subdivisions and
authorities;, but only to the
extent that such net amount is not otherwise includible in Ohio
taxable income and is described in either division (S)(1)(a) or
(b) of this section:
(a) The net amount is not attributable to the S portion of
an electing small business trust and has not been distributed to
beneficiaries for the taxable year;
(b) The net amount is attributable to the S portion of an
electing small business trust for the taxable year.
(2) Add interest or dividends, net of ordinary, necessary,
and reasonable expenses not deducted in computing federal taxable
income, on obligations of any
authority, commission,
instrumentality, territory, or possession
of the United States
to
the extent that
the interest or dividends are exempt from federal
income taxes
but
not from state income taxes, but only to the
extent that such net amount is not otherwise includible in Ohio
taxable income and is described in either division (S)(1)(a) or
(b) of this section;
(3) Add the amount of personal exemption allowed to the
estate pursuant to section 642(b) of the Internal Revenue Code;
(4) Deduct interest or dividends, net of related expenses
deducted in computing federal taxable income, on obligations of
the
United States and its territories and possessions or of any
authority, commission, or instrumentality of the United States
to
the extent
that
the interest or dividends are exempt from state
taxes under the laws of the United
States, but only to the extent
that such amount is included in federal taxable income and is
described in either division (S)(1)(a) or (b) of this section;
(5) Deduct the amount of wages and salaries, if any, not
otherwise allowable as a deduction but that would have been
allowable as a deduction in computing federal taxable income for
the taxable year, had the targeted jobs credit allowed under
sections 38, 51, and 52 of the Internal Revenue Code not been in
effect, but only to the extent such amount relates either to
income included in federal taxable income for the taxable year or
to income of the S portion of an electing small business trust for
the taxable year;
(6) Deduct any interest or interest equivalent, net of
related expenses deducted in computing federal taxable income, on
public
obligations and purchase obligations, but only to the
extent
that such net amount relates either to income included in
federal taxable income
for the taxable year or to income of the S
portion of an electing small business trust for the taxable year;
(7) Add any loss or deduct any gain resulting from sale,
exchange, or other disposition of public obligations to the
extent
that such loss has been deducted or such gain has been
included in
computing either federal taxable income
or income of the S portion
of an electing small business trust for the taxable year;
(8) Except in the case of the final return of an estate,
add
any amount deducted by the taxpayer on both its Ohio estate
tax
return pursuant to section 5731.14 of the Revised Code, and
on its
federal income tax return in determining
either federal
adjusted
gross income or federal taxable income;
(9)(a) Deduct any amount included in federal taxable income
solely because the amount represents a reimbursement or refund of
expenses that in a previous year the decedent had deducted as an
itemized deduction pursuant to section 63 of the Internal Revenue
Code and applicable treasury regulations.
The deduction otherwise
allowed under division (S)(9)(a) of this section shall be reduced
to the extent the reimbursement is attributable to an amount the
taxpayer or decedent deducted under this section in any taxable
year.
(b) Add any amount not otherwise included in Ohio taxable
income
for any taxable year to the extent that the amount is
attributable
to the recovery during the taxable year of any amount
deducted or
excluded in computing federal or Ohio taxable income
in any
taxable year, but only to the extent such amount has not
been distributed
to beneficiaries for the taxable year.
(10) Deduct any portion of the deduction described in
section 1341(a)(2) of the Internal Revenue Code, for repaying
previously reported income received under a claim of right, that
meets both of the following requirements:
(a) It is allowable for repayment of an item that was
included in the taxpayer's taxable income or the decedent's
adjusted gross income for a prior taxable year and did not
qualify
for a credit under division (A) or (B) of section 5747.05
of the
Revised Code for that year.
(b) It does not otherwise reduce the taxpayer's taxable
income or the decedent's adjusted gross income for the current or
any other taxable year.
(11) Add any amount claimed as a credit under section
5747.059
of the Revised Code to the extent that the amount
satisfies
either of the following:
(a) The amount was deducted or excluded from the computation
of the
taxpayer's federal taxable income as required to be
reported for the
taxpayer's taxable year under the Internal
Revenue Code;
(b) The amount resulted in a reduction in the taxpayer's
federal taxable
income as required to be reported for any of the
taxpayer's taxable years
under the Internal Revenue Code.
(12) Deduct any amount, net of related expenses deducted in
computing federal taxable income, that a trust is required to
report
as
farm income on its federal income tax return, but only
if the
assets of the trust include at least ten acres of land
satisfying
the definition of "land devoted exclusively to
agricultural use"
under section 5713.30 of the Revised Code,
regardless of whether
the land is valued for tax purposes as such
land under sections
5713.30 to 5713.38 of the Revised Code.
If the
trust is a
pass-though entity investor, section 5747.231 of the
Revised Code
applies in ascertaining if the trust is eligible to
claim the
deduction provided by division (S)(12) of this section
in
connection with the pass-through entity's farm income.
Except for farm income attributable to the S portion of an
electing small business trust, the deduction provided by division
(S)(12) of this section is allowed only to the extent that the
trust has not distributed such farm income.
Division (S)(12) of
this
section applies only to taxable years of a trust beginning
in
2002, 2003, or 2004.
(13) Add the net amount of income described in section 641(c)
of the Internal Revenue Code to the extent that amount is not
included in federal taxable income.
(14) Add or deduct the amount the taxpayer would be
required
to add or deduct under division (A)(20) or (21) of this
section if
the taxpayer's
Ohio taxable income were computed in the same
manner as
an individual's
Ohio adjusted gross income is computed
under
this
section. In the case of a trust, division (S)(14) of
this
section
applies only to any of the trust's taxable years
beginning
in
2002, 2003, or 2004.
(T) "School district income" and "school district income
tax" have the same meanings as in section 5748.01 of the Revised
Code.
(U) As used in divisions (A)(8), (A)(9), (S)(6), and
(S)(7)
of this section, "public obligations," "purchase
obligations," and
"interest or interest equivalent" have the same
meanings as in
section 5709.76 of the Revised Code.
(V) "Limited liability company" means any limited
liability
company formed under Chapter 1705. of the Revised Code
or under
the laws of any other state.
(W) "Pass-through entity investor" means any person who,
during any portion
of a taxable year of a pass-through entity, is
a partner, member, shareholder,
or
equity investor in that
pass-through
entity.
(X) "Banking day" has the same meaning as in section 1304.01
of the Revised
Code.
(Y) "Month" means a calendar month.
(Z) "Quarter" means the first three months, the second three
months, the
third three months, or the last three months of the
taxpayer's taxable year.
(AA)(1) "Eligible institution" means a state university or
state
institution of higher education as defined in section
3345.011 of the Revised Code, or a
private, nonprofit college,
university, or other post-secondary institution
located in this
state that possesses a certificate of authorization issued by
the
Ohio board of regents pursuant to Chapter 1713. of the Revised
Code or a
certificate of registration issued by the state board of
proprietary school
registration under Chapter 3332. of the Revised
Code.
(2) "Qualified tuition and fees" means tuition and fees
imposed by an
eligible institution as a condition of enrollment or
attendance, not exceeding
two thousand five hundred dollars in
each of the individual's first two years
of post-secondary
education. If the individual is a part-time student,
"qualified
tuition and fees" includes tuition and fees paid for the academic
equivalent of the first two years of post-secondary education
during a maximum
of five taxable years, not exceeding a total of
five thousand dollars.
"Qualified tuition and fees" does not
include:
(a) Expenses for any course or activity involving sports,
games,
or hobbies unless the course or activity is part of the
individual's degree or
diploma program;
(b) The cost of books, room and board, student activity
fees,
athletic fees, insurance expenses, or other expenses
unrelated to the
individual's academic course of instruction;
(c) Tuition, fees, or other expenses paid or reimbursed
through
an employer, scholarship, grant in aid, or other
educational benefit program.
(BB)(1) "Modified business
income" means the business income
included in a trust's
Ohio taxable
income after such taxable
income is
first reduced by the
qualifying
trust amount, if any.
(2) "Qualifying
trust amount" of a trust means capital gains
and
losses from the sale, exchange, or other disposition of equity
or
ownership
interest
interests in, or debt obligations of, a
qualifying
investee to the extent included in the trust's
Ohio
taxable income, but
only if the
location of the physical assets
following requirements are satisfied:
(a) The book value of the qualifying
investee
investee's
physical assets in this state and everywhere, as of the last day
of the qualifying investee's fiscal or calendar year ending
immediately prior to the date on which the trust recognizes the
gain or loss, is available to the trust.
(b) The requirements of section 5747.011 of the Revised Code
are satisfied for the trust's taxable year in which the trust
recognizes the gain or loss.
Any gain or loss that is not a qualifying trust amount is
modified business income, qualifying investment income, or
modified nonbusiness income, as the
case may be.
(3) "Modified nonbusiness income" means a trust's
Ohio
taxable
income other than modified business income
and, other than
the
qualifying
trust amount, and other than qualifying investment
income, as defined in section 5747.012 of the Revised Code, to the
extent such qualifying investment income is not otherwise part of
modified business income.
(4) "Modified
Ohio taxable income" applies only to trusts,
and
means the sum of the
following
amounts described in divisions
(BB)(4)(a) to (c) of this section:
(a)
Modified business income multiplied by the
The fraction,
calculated under division (B)(2) of section 5733.05, and applying
section 5733.057 of the Revised Code, as if the trust were a
corporation subject to the tax imposed by section 5733.06 of the
Revised Code;, multiplied by the sum of the following amounts:
(i) The trust's modified business income;
(ii) The trust's qualifying investment income, as defined
in section 5747.012 of the Revised Code, but only to the extent
the qualifying investment income does not otherwise constitute
modified business income and does not otherwise constitute a
qualifying trust amount.
(b) The qualifying
trust amount multiplied by
the ratio
a
fraction, the numerator of which is the sum of the
book value of
the
qualifying investee's physical assets in this state
of the
qualifying
investee to
on the last day of the qualifying
investee's fiscal or calendar year ending immediately prior to the
day on which the trust recognizes the qualifying trust amount, and
the denominator of which is the sum of the book value of the
qualifying investee's total physical assets everywhere
of the
qualifying investee
on the last day of the qualifying investee's
fiscal or calendar year ending immediately prior to the day on
which the trust recognizes the qualifying trust amount.
If, for a
taxable year, the trust
recognizes a qualifying
trust amount
with
respect to more than one
qualifying investee, the amount
described
in division (BB)(4)(b)
of this section shall equal the
sum of the
products so computed
for each such qualifying
investee.
(c)
Modified nonbusiness income to the extent produced by
assets held by a trust or portion of a trust that is a resident
for the purposes of this chapter
(i) With respect to a trust or
portion of a trust that is a resident as ascertained in accordance
with division (I)(3)(d) of this section, its modified nonbusiness
income.
(ii) With respect to a trust or portion of a trust that is
not a resident as ascertained in accordance with division
(I)(3)(d) of this section, the amount of its modified nonbusiness
income satisfying the descriptions in divisions (B)(2) to (5) of
section 5747.20 of the Revised Code.
If the allocation and apportionment of a trust's income
under
divisions (BB)(4)(a) and (c) of this section do not fairly
represent the modified
Ohio taxable income of the trust in this
state,
the alternative methods described in division (C) of
section
5747.21 of the Revised Code may be applied in the manner
and to
the same extent provided in that section.
(5)
"Qualifying
(a) Except as set forth in division
(BB)(5)(b) of this section, "qualifying investee" means a person
in which a trust
has an equity or ownership interest, or a person
or unit of
government the debt obligations of either of which are
owned by a
trust.
For the purposes of division (BB)(2)(a) of this
section and for the purpose of computing the fraction described in
division (BB)(4)(b) of this section, all of the following apply:
(i) If the qualifying investee is a member of a qualifying
controlled group on the last day of the qualifying investee's
fiscal or calendar year ending immediately prior to the date on
which the trust recognizes the gain or loss, then "qualifying
investee" includes all persons in the qualifying controlled group
on such last day.
(ii) If the qualifying investee, or if the qualifying
investee and any members of the
qualifying controlled group of
which the qualifying investee is a
member on the last day of the
qualifying investee's fiscal or
calendar year ending immediately
prior to the date on which the
trust recognizes the gain or loss,
separately or cumulatively own,
directly or indirectly, on the
last day of the qualifying
investee's fiscal or calendar year
ending immediately prior to the
date on which the trust recognizes
the qualifying trust amount, more
than fifty per cent of the
equity of a pass-through entity, then
the qualifying investee and
the other members are deemed to own
the proportionate share of the
pass-through entity's physical
assets which the pass-through
entity directly or indirectly owns
on the last day of the
pass-through entity's calendar or fiscal
year ending within or
with the last day of the qualifying
investee's fiscal or calendar
year ending immediately prior to the
date on which the trust
recognizes the qualifying trust amount.
(iii) For the purposes of division (BB)(5)(a)(iii) of this
section, "upper level
pass-through entity" means a pass-through
entity directly or
indirectly owning any equity of another
pass-through entity, and
"lower level pass-through
entity" means
that other pass-through entity.
An upper level pass-through entity, whether or not it is
also a qualifying investee, is deemed to own, on the last day of
the upper level pass-through entity's calendar or fiscal year, the
proportionate share of the lower level pass-through entity's
physical assets that the lower level pass-through entity directly
or indirectly owns on the last day of the lower level pass-through
entity's calendar or fiscal year ending within or with the last
day of the upper level pass-through entity's fiscal or calendar
year. If the upper level pass-through entity directly and
indirectly owns less than fifty per cent of the equity of the
lower level pass-through entity on each day of the upper level
pass-through entity's calendar or fiscal year in which or with
which ends the calendar or fiscal year of the lower level
pass-through entity and if, based upon clear and convincing
evidence, complete information about the location and cost of the
physical assets of the lower pass-through entity is not available
to the upper level pass-through entity, then solely for purposes
of ascertaining if a gain or loss constitutes a qualifying trust
amount, the upper level pass-through entity shall be deemed as
owning no equity of the lower level pass-through entity for each
day during the upper level pass-through entity's calendar or
fiscal year in which or with which ends the lower level
pass-through entity's calendar or fiscal year. Nothing in
division (BB)(5)(a)(iii) of this section shall be construed to
provide for any deduction or
exclusion in computing any trust's
Ohio taxable income.
(b) With respect to a trust that is not a resident for the
taxable year and with respect to a part of a trust that is not a
resident for the taxable year, "qualifying investee" for that
taxable year does not include a C corporation if both of the
following apply:
(i) During the taxable year the trust or part of the trust
recognizes a gain or loss from the sale, exchange, or other
disposition of equity or ownership interests in, or debt
obligations of, the C corporation.
(ii) Such gain or loss constitutes nonbusiness income.
(6) "Available" means information is such that a person
is able to learn of the information by the due date plus
extensions, if any, for filing the return for the taxable year in
which the trust recognizes the gain or loss.
(CC) "Qualifying controlled group" has the same meaning as
in section 5733.04 of the Revised Code.
(DD) "Related member" has the same meaning as in section
5733.042 of the Revised Code.
(CC)(EE) Any term used in this chapter that is not otherwise
defined in
this section and that is not used in a comparable
context in the
Internal Revenue Code and other statutes of the
United States relating to federal income taxes has the same
meaning as in section 5733.40 of the Revised Code.
Sec. 5747.011. (A) As used in this section:
(1) "Qualifying closely-held C corporation" means a person
classified for federal income tax purposes as an association taxed
as a corporation and that has more than fifty per cent of the
value of its outstanding stock or equity owned, directly or
indirectly, by or for not more than five qualifying persons. For
the purposes of this division, the ownership of stock shall be
determined under the rules set forth in section 544 of the
Internal Revenue Code.
(2) "Qualifying person" means an individual; an
organization described in section 401(a), 501(c)(17), or 509(a) of
the Internal Revenue Code; or a portion of a trust permanently set
aside or to be used exclusively for the purposes described in
section 642(c) of the Internal Revenue Code or a corresponding
provision of a prior federal income tax law.
(3) "Qualifying limited liability company" means a limited
liability company that is not classified for federal income tax
purposes as an association taxed as a corporation.
(4) "Ownership interest" means the equity or ownership
interest in, or debt obligation of, a "qualifying investee" as
defined in section 5747.01 of the Revised Code.
(5) "Qualifying individual beneficiary" has the same
meaning as qualifying beneficiary as used in division (I)(3)(c) of
section 5747.01 of the Revised Code, but is limited to
individuals.
(6) "Family" of an individual means only the individual's
spouse; the individual's ancestors, limited to the individual's
parents, grandparents, and great grandparents; the siblings of
such ancestors, whether by the whole or half blood or by legal
adoption; the lineal descendants of such ancestors and siblings;
persons legally adopted by such ancestors or by such siblings; and
the spouses of such ancestors, siblings, legally adopted persons,
and lineal descendants.
(B) The requirements of this division apply for purposes of
division (BB)(2)(b) of section 5747.01 of the Revised Code and for
the purposes of division (D) of section 5747.012 of the Revised
Code. Gain or loss included in a trust's Ohio taxable income is
not a qualifying trust amount unless the trust's ownership
interest in
the qualifying investee is at least five per cent of
the total
outstanding ownership interests in such qualifying
investee at any
time during the ten-year period ending on the last
day of the
trust's taxable year in which the sale, exchange, or
other
disposition occurs. Nothing in this section negates the
requirements in division (BB)(2) of section 5747.01 of the Revised
Code.
For the purpose of ascertaining whether the trust's
ownership interest in a qualifying investee is at least five per
cent of the total outstanding ownership interests in such
qualifying investee, the following apply:
(1) On each day, an ownership interest owned, directly or
indirectly, by or for a qualifying closely-held C corporation, an
S corporation, a partnership other than a publicly traded
partnership, a qualifying limited liability company, an estate, or
a trust that is irrevocable as defined in division (I)(3)(b) of
section 5747.01 of the Revised Code is considered as being owned
proportionately on the same day by the equity investors of such
qualifying closely-held C corporation, S corporation, partnership,
or qualifying limited liability
company, or by the beneficiaries
of such estate or trust, as the
case may be. For the purposes of
division (B)(1) of this section,
a beneficiary's proportionate
share of an ownership interest held
by a trust shall be
ascertained in accordance with section
544(a)(1) of the Internal
Revenue Code.
(2) On each day, a trust, hereinafter referred to as the
first trust, is considered as owning any ownership interest owned,
directly or indirectly, by or for another trust, hereinafter
referred to as the second trust, if on the same day the second
trust has at least one individual trustee who is either (a) a
trustee of the first trust, or (b) a member of a family that
includes at least one of the trustees of the first trust.
(3) On each day, a trust, hereinafter referred to as the
first trust, is considered as owning any ownership interest owned,
directly or indirectly, by or for another trust, hereinafter
referred to as the second trust, if on the same day the second
trust has at least one qualifying individual beneficiary who is
either (a) a qualifying individual beneficiary of the first trust
or (b) a member of a family which includes a qualifying
individual beneficiary of the first trust.
(4) An ownership interest constructively owned by a person
by reason of the application of division (B)(1) of this section
shall, for the purpose of applying divisions (B)(1) to (3) of this
section, be treated as actually owned by that person.
(5) An ownership interest constructively owned by a trust
by reason of the application of division (B)(2) or (3) of this
section shall not be treated as actually owned by that trust for
purposes of applying divisions (B)(1) to (3) of this section.
(6) If an ownership interest may be considered as owned by
a trust under division (B)(1) or (2) of this section, the
ownership interest shall be considered owned by that trust under
division (B)(2) of this section.
(7) If an ownership interest may be considered as owned by
a trust under division (B)(1) or (3) of this section, the
ownership interest shall be considered owned by that trust under
division (B)(3) of this section.
Sec. 5747.012. This section applies for the purposes of
divisions (BB)(3) and (BB)(4)(a)(ii) of section 5747.01 of the
Revised Code.
(A) As used in this section:
(1)(a) Except as set forth in division (A)(1)(b) of this
section, "qualifying investment income" means the portion of a
qualifying investment pass-through entity's net income
attributable to transaction fees in connection with the
acquisition, ownership, or disposition of intangible property;
loan fees; financing fees; consent fees; waiver fees; application
fees; net management fees; dividend income; interest income; net
capital gains from the sale or exchange or other disposition of
intangible property; and all types and classifications of income
attributable to distributive shares of income from other
pass-through entities.
(b)(i) Notwithstanding division (A)(1)(a) of this section,
"qualifying investment income" does not include any part of the
qualifying investment pass-through entity's net capital gain
which, after the application of section 5747.231 of the Revised
Code with respect to a trust, would also constitute a qualifying
trust amount.
(ii) Notwithstanding division (A)(1)(a) of this section,
"qualifying investment income" does not include any part of the
qualifying investment pass-through entity's net income
attributable to the portion of a distributive share of income
directly or indirectly from another pass-through entity to the
extent such portion constitutes the other pass-through entity's
net capital gain which, after the application of section 5747.231
of the Revised Code with respect to a trust, would also constitute
a qualifying trust amount.
(2) "Qualifying investment pass-through entity" means an
investment pass-through entity, as defined in section 5733.401 of
the Revised Code, subject to the following qualifications:
(a) "Forty per cent" shall be substituted for "ninety per
cent" wherever "ninety per cent" appears in section 5733.401 of
the Revised Code.
(b) The pass-through entity must have been formed or
organized prior to June 5, 2002.
(c) The qualifying section 5747.012 trust or related
persons to the qualifying section 5747.012 trust must directly or
indirectly own at least five per cent of the equity of the
investment pass-through entity each day of the entity's fiscal or
calendar year
ending within or with the last day of the qualifying
section
5747.012 trust's taxable year;
(d) During the investment pass-through entity's calendar or
fiscal year ending within or with the last day of the qualifying
section 5747.012 trust's taxable year, related persons of or to
the qualifying section 5747.012 trust must, on each day of the
investment pass-through entity's year, own directly, or own
through equity investments in other pass-through entities, more
than sixty per cent of the equity of the investment pass-through
entity.
(B) "Qualifying section 5747.012 trust" means a trust
satisfying one of the following:
(1) The trust was created prior to, and was irrevocable on,
June 5, 2002; or
(2) If the trust was created after June 4, 2002, or if
the trust became irrevocable after June 4, 2002, then at least
eighty per cent of the assets transferred to the trust must have
been previously owned by related persons to the trust or by a
trust created prior to June 5, 2002, under which the creator did
not retain the power to change beneficiaries, amend the trust, or
revoke the trust. For purposes of division (B)(2) of this
section, the power to
substitute property of equal value shall not
be considered to be a
power to change beneficiaries, amend the
trust, or revoke the
trust.
(C) For the purposes of this section, "related persons"
means the family of a qualifying individual beneficiary, as
defined in
division (A)(5) of section 5747.011 of the Revised
Code. For the
purposes of this division, "family" has the same
meaning as in
division (A)(6) of section 5747.011 of the Revised
Code.
(D) For the purposes of applying divisions (A)(2)(c),
(A)(2)(d), and (B)(2) of this section, the related persons or the
qualifying section 5747.012 trust, as the case may be, shall be
deemed to own the equity of the investment pass-through entity
after the application of division (B) of section 5747.011 of the
Revised Code.
(E) "Irrevocable" has the same meaning as in division
(I)(3)(b) of section 5747.01 of the Revised Code.
(F) Nothing in this section requires any item of income,
gain, or loss not satisfying the definition of qualifying
investment income
to be treated as modified nonbusiness income.
Any item of income,
gain, or loss that is not qualifying
investment income is modified
business income, modified
nonbusiness income, or a qualifying
trust amount, as the case may
be.
Sec. 5747.02. (A) For the purpose of providing revenue for
the
support of schools and local government functions, to provide
relief to property taxpayers, to provide revenue for the general
revenue fund, and to meet the expenses of administering the tax
levied by this chapter, there is hereby levied on every
individual, trust,
and
estate residing in or earning or
receiving
income in
this state, on every individual, trust, and
estate
earning
or receiving
lottery winnings, prizes, or awards
pursuant
to
Chapter 3770. of
the Revised Code, and on every
individual,
trust, and estate
otherwise
having nexus with or in
this state
under the Constitution
of the
United States, an annual
tax
measured in the
case of individuals
by
Ohio adjusted gross income
less
an exemption for the
taxpayer, the
taxpayer's spouse, and
each
dependent as provided in section
5747.025 of the Revised
Code;
measured in the case of trusts by modified
Ohio taxable
income
under
division
(D) of this section; and measured in the
case of
estates
by
Ohio
taxable
income. The tax imposed by this
section on the
balance
thus obtained is
hereby levied as follows:
OHIO ADJUSTED GROSS INCOME LESS
EXEMPTIONS (INDIVIDUALS) |
|
OR |
|
MODIFIED
OHIO |
|
TAXABLE INCOME (TRUSTS) |
|
OR |
|
OHIO TAXABLE INCOME (ESTATES) |
TAX |
$5,000 or less |
|
.743% |
More than $5,000 but not more than $10,000 |
|
$37.15 plus 1.486% of the amount in excess of $5,000 |
More than $10,000 but not more than $15,000 |
|
$111.45 plus 2.972% of the amount in excess of $10,000 |
More than $15,000 but not more than $20,000 |
|
$260.05 plus 3.715% of the amount in excess of $15,000 |
More than $20,000 but not more than $40,000 |
|
$445.80 plus 4.457% of the amount in excess of $20,000 |
More than $40,000 but not more than $80,000 |
|
$1,337.20 plus 5.201% of the amount in excess of $40,000 |
More than $80,000 but not more than $100,000 |
|
$3,417.60 plus 5.943% of the amount in excess of $80,000 |
More than $100,000 but not more than $200,000 |
|
$4,606.20 plus 6.9% of the amount in excess of $100,000 |
More than $200,000 |
|
$11,506.20 plus 7.5% of the amount in excess of $200,000 |
In July of each year, beginning in 2005, the tax
commissioner
shall adjust the income amounts prescribed in this
division by
multiplying the percentage increase in the gross
domestic product
deflator computed that year under section
5747.025 of the Revised
Code by each of the income amounts
resulting from the adjustment
under this division in the preceding
year, adding the resulting
product to the corresponding income
amount resulting from the
adjustment in the preceding year, and
rounding the resulting sum
to the nearest multiple of fifty
dollars. The tax commissioner
also shall recompute each of the
tax dollar amounts to the extent
necessary to reflect the
adjustment of the income amounts. The
rates of taxation shall not
be adjusted.
The adjusted amounts apply to taxable years beginning in the
calendar year in which the adjustments are made. The tax
commissioner shall not make such adjustments in any year in which
the amount resulting from the adjustment would be less than the
amount resulting from the adjustment in the preceding year.
(B) If the director of budget and management makes a
certification to the tax commissioner under division (B)
of
section
131.44 of the Revised Code, the amount of tax as
determined under division (A)
of this section shall be reduced by
the percentage prescribed in that
certification for taxable years
beginning in the calendar year in which that
certification is
made.
(C) The levy of this tax on income does not prevent a
municipal
corporation, a joint economic development zone created
under section 715.691,
or a joint economic development district
created under
section 715.70 or 715.71 or sections 715.72 to
715.81 of the Revised Code from
levying a tax on income.
(D)
Division (D) of this section
This division applies only
to taxable
years of a trust beginning in 2002, 2003, or 2004.
(1) The tax imposed by this section on a trust shall be
computed
by multiplying the
Ohio modified taxable income of the
trust
by the
rates prescribed by division (A) of this section.
(2) A credit is allowed against the tax computed under
division
(D) of this section equal to the lesser of (1) the tax
paid to
another state or the District of Columbia on
the trust's
modified nonbusiness
income
of a trust, other than the portion of
the trust's nonbusiness income that is qualifying investment
income as defined in section 5747.012 of the Revised Code, or (2)
the effective tax rate, based on
modified
Ohio taxable income,
multiplied by the
trust's modified nonbusiness
income
of the trust
other than the portion of trust's nonbusiness income that is
qualifying investment income. The credit applies before any other
applicable credits.
The
(3) The credits enumerated in divisions (A)(1) to
(13) of
section 5747.98 of the Revised Code do not apply to a
trust
subject to this division.
Any credits enumerated in other
divisions of section 5747.98 of the Revised Code apply to a trust
subject to this division. To the extent that the trust
distributes income for the taxable year for which a credit is
available to the trust, the credit shall be shared by the trust
and its beneficiaries. The tax commissioner and the trust shall
be guided by applicable regulations of the United States treasury
regarding the sharing of credits.
(E) For the purposes of this section, "trust" means any
trust described in Subchapter J
of Chapter 1 of the Internal
Revenue Code,
excluding
a trust
trusts that are not irrevocable as
defined in division (I)(3)(b) of section 5747.01 of the Revised
Code and that have no modified Ohio taxable income for the taxable
year, charitable remainder trusts, qualified funeral trusts,
endowment and perpetual care trusts, qualified settlement trusts
and funds, designated settlement trusts and funds, and trusts
exempted from taxation under section 501(c)(3)(a)
of
the Internal
Revenue Code.
Sec. 5747.231. As used in this section, "adjusted qualifying
amount" has the same meaning as in section 5733.40 of the Revised
Code.
This section does not apply to division (BB)(5)(a)(ii) of
section 5747.01 of the Revised Code.
Except as set forth in this section and except as otherwise
provided in divisions (A) and (B) of section 5733.401 of the
Revised Code, in making all apportionment, allocation, income,
gain, loss, deduction, tax, and credit computations under this
chapter, each person shall include in that person's items of
business income, nonbusiness income, adjusted qualifying amounts,
allocable income or loss, apportionable income or loss, property,
compensation, and sales, the person's entire distributive share or
proportionate share of the items of business income, nonbusiness
income, adjusted qualifying amounts, allocable income or loss,
apportionable income or loss, property, compensation, and sales of
any pass-through entity in which the person has a direct or
indirect ownership interest at any time during the person's
taxable year. A pass-through entity's direct or indirect
distributive share or proportionate share of any other
pass-through entity's items of business income, nonbusiness
income, adjusted qualifying amounts, allocable income or loss,
apportionable income or loss, property, compensation, and sales
shall be included for the purposes of computing the person's
distributive share or proportionate share of the pass-through
entity's items of business income, nonbusiness income, adjusted
qualifying amounts, allocable income or loss, apportionable income
or loss, property, compensation, and sales under this section.
Those items shall be in the same form as was recognized by the
pass-through entity.
Sec. 5902.02. The duties of the director of the governor's
office of veterans affairs shall include the following:
(A) Furnishing the veterans service commissions of all
counties of the state copies of the state laws, rules, and
legislation relating to the operation of the commissions and
their
offices;
(B) Upon application, assisting the general public in
obtaining records of vital statistics pertaining to veterans or
their dependents;
(C) Adopting rules pursuant to Chapter 119. of the
Revised
Code pertaining to minimum qualifications for hiring,
certifying,
and accrediting county veterans service officers and
pertaining to
their required duties;
(D) Adopting rules pursuant to Chapter 119. of the
Revised
Code for the education, training, certification, and
duties of
veterans service commissioners;
(E) Developing and monitoring programs and agreements
enhancing employment and training for veterans in single or
multiple county areas;
(F) Developing and monitoring programs and agreements to
enable county veterans service commissions to address
homelessness, indigency, and other veteran-related issues
individually or jointly;
(G) Developing and monitoring programs and agreements to
enable state agencies, individually or jointly, that provide
services to veterans, including the
Ohio veterans'
home
homes
operated under Chapter 5907. of the Revised Code and the director
of job and family
services, to address homelessness, indigency,
employment, and
other veteran-related issues;
(H) Establishing and providing statistical reporting
formats
and procedures for county veterans service commissions;
(I) Publishing annually, promulgating change notices for,
and distributing a listing of county veterans service officers,
county veterans service commissioners, state directors of
veterans
affairs, and national and state service officers of
accredited
veterans organizations and their state headquarters.
The listing
shall include the expiration dates of commission
members' terms of
office and the organizations they represent;
the names, addresses,
and telephone numbers of county veterans
service officers and
state directors of veterans affairs; and the
addresses and
telephone numbers of the Ohio offices and
headquarters of state
and national veterans service
organizations.
(J) Publishing, by the first day of April of each
odd-numbered year, a directory of the laws of this state dealing
with
veterans, as enacted through the conclusion of the previous
session of the general assembly, and distributing the publication
to each county veterans service office and the state headquarters
of each congressionally chartered veterans organization in the
state;
(K) Establishing a veterans advisory committee to advise
and
assist the governor's office of veterans affairs in its duties.
Members
shall include a state representative of congressionally
chartered veterans organizations referred to in section 5901.02
of
the Revised Code, a representative of any other
congressionally
chartered state veterans organization that has at
least one
veterans service commissioner in the state, three
representatives
of the Ohio state association of county veterans
service
commissioners, who shall have a combined vote of one,
three
representatives of the state association of county veterans
service officers, who shall have a combined vote of one, one
representative of the county commissioners association of Ohio,
who shall be a county commissioner not from the same county as
any
of the other county representatives, and a representative of
the
office of the attorney general. The governor's office of
veterans
affairs shall submit to the advisory committee
proposed rules for
the committee's operation. The
committee may review and revise
these proposed rules prior
to submitting them to the joint
committee on agency rule review.
(L) Adopting, with the advice and assistance of the
veterans
advisory committee, policy and procedural
guidelines that the
veterans service commissions shall adhere to in the
development
and implementation of rules, policies, procedures,
and guidelines
for the administration of Chapter 5901. of the
Revised Code. The
governor's office of veterans affairs shall
adopt no guidelines or
rules regulating the purposes, scope,
duration, or amounts of
financial assistance provided to
applicants pursuant to sections
5901.01 to 5901.15 of the Revised
Code. The director of the
governor's office of veterans affairs
may obtain opinions from the
office of the attorney general
regarding rules, policies,
procedures, and guidelines of the
veterans service commissions and
may enforce compliance with
Chapter 5901. of the Revised Code.
(M) Receiving copies of form DD214 filed in accordance with
the
director's guidelines adopted under division (L) of this
section from members
of veterans service commissions appointed
under section 5901.02 and from
county veterans service officers
employed under section 5901.07 of the Revised
Code;
(N) Taking any other actions required by this chapter.
Sec. 5902.05. For the purpose of assisting veterans, the
director of the
governor's office of veterans affairs or
his
the
director's
representative shall visit
the
Ohio
each veterans' home
at Sandusky
operated under Chapter 5907. of the Revised Code and
the national military home
at Dayton at least once every three
months,
and
may visit other veterans facilities as necessary. At
the discretion of the
governor, the director of the governor's
office of veterans affairs or
his
the director's
representative
shall visit the several governmental departments at Washington,
D.C., or elsewhere, as may be necessary.
Sec. 5907.01. (A) As used in this chapter:
(1) "Nursing home" means a nursing home within a veterans'
home.
(2) "Veterans' home" means a veterans' home operated by the
Ohio veterans' home agency.
(B) There
shall be an institution named the "Ohio veterans'
home,"
which
is hereby established the Ohio veterans' home agency
that shall
be a home
maintain and operate veterans' and
nursing
homes for honorably discharged
soldiers, sailors, and
marines
veterans.
Sec. 5907.02. The board of trustees of the Ohio veterans'
home
agency,
that
which is hereby created, shall consist
of seven
members who shall
govern the agency and
have charge and
custody of
the
home at Sandusky
agency's facilities. The members
shall be
the director of administrative services or that
director's
designee,
the director of aging or that director's
designee, and
five members
who shall
be appointed by the governor
with the
advice and consent of the
senate. All the members of the
board
appointed by the governor
shall be veterans of wars in which
the
United States has
participated, and not more than three of the
members shall be of
the same political party. The trustees shall
serve without
compensation, but they shall be allowed their actual
expenses
incurred in the discharge of their duties. Each year,
the governor
shall appoint one trustee. The term of office for
each member
of the board shall be for five
years, commencing on
the first day of July and ending on the
thirtieth day of June.
Each member shall hold office from the
date of that member's
appointment until the end of the term for
which the member was
appointed. Any member appointed to fill a vacancy
occurring
prior
to the expiration of the term for which that member's predecessor
was
appointed shall hold office for the remainder of that term.
Any
member shall continue in office subsequent to the expiration
date
of that member's term until the member's successor takes
office, or until a period
of sixty days has elapsed, whichever
occurs first. The board
shall govern, conduct, and care for
the
home
veterans' homes, the property
of the
home
homes, and the
veterans residing in the
home
home.
Four members of the board constitute a quorum, but any
three
may approve the payment of current expenses, salaries, and
open
contracts previously entered into by the board.
All supplies for the
home
agency shall be purchased as
provided in
sections 125.04 to 125.15 of the Revised Code.
The board shall appoint a superintendent
for
of the
Ohio
veterans' home
agency upon
any terms that are proper, and
the
superintendent, with
the advice and consent of the board,
shall
employ aides, assistants,
and employees, and perform other
duties
that may be
assigned to the superintendent by the board or
become
necessary in the
carrying out of
the superintendent's
duties. The
superintendent shall be
responsible directly to the
board.
Subject to section 5907.021 of the Revised Code, the
superintendent
shall
may
appoint one or more employees
at each
veterans' home as
Ohio veterans' home police officers authorized
to act on the
grounds of
the
that home, at the discretion of the
superintendent. The
superintendent shall provide to those
employees a copy of the
rules that apply to their appointment.
The
rules shall specify
whether or not the police officers may
carry a
firearm.
Subject to section 5907.021 of the Revised Code, the
superintendent shall
appoint a chief of police
for
of the
Ohio
veterans'
home
agency, determine the number of officers
and other
personnel
required by
the
each veterans' home, and
establish
salary schedules and other
conditions of employment for
Ohio
veterans'
home
homes police officers. The
chief of police
shall
serve at the pleasure of the superintendent
and shall
appoint
officers and other personnel as the
home
veterans' homes
may
require, subject to the rules and limits that the
superintendent
establishes regarding qualifications, salary
ranges, and the
number of personnel. The superintendent, with the
approval of
the
board, may purchase or otherwise acquire any
police
apparatus,
equipment, or materials, including a police
communication system
and vehicles, that
Ohio
the veterans'
home
homes
police officers
may require. The superintendent may send
one or more
of the
officers or employees nominated by the police
chief to a
school of
instruction designed to provide additional
training or
skills
related to their work assignment at
the
their
veterans' home. The
superintendent may send those officers or
employees to the Ohio
peace officer training academy that the
superintendent considers
appropriate.
The board shall make an annual report to the governor as to
all expenditures and as to the management of the
Ohio veterans'
home
agency.
Sec. 5907.021. (A) As used in this section,
"felony"
has
the same meaning as in section 109.511 of the Revised Code.
(B)(1) The superintendent of the Ohio
veterans' home
agency
shall not appoint a person as a chief of police
of the
agency
or
an employee as
an
a Ohio veterans' home police officer
on a
permanent basis, on a temporary basis, for a probationary
term,
or
on other than a permanent basis if the person or employee
previously has been convicted of or has pleaded guilty to a
felony.
(2)(a) The superintendent
of the Ohio
veterans' home shall
terminate the employment of a chief of
police or the employment as
an Ohio
a veterans' home
police officer of an employee appointed
as
an Ohio
a veterans'
home police officer if that chief of police
or employee does either of the
following:
(i) Pleads guilty to a felony;
(ii) Pleads guilty to a misdemeanor pursuant to a
negotiated
plea agreement as provided in division (D) of
section 2929.29 of
the Revised Code in which the
chief of police or employee agrees
to surrender the certificate
awarded to that chief of police or
employee under section 109.77
of the Revised Code.
(b) The superintendent shall suspend from
employment a chief
of police or from employment as
an
Ohio
a veterans' home police
officer an employee appointed as
an Ohio
a veterans' home police
officer if that chief of police
or employee is convicted, after
trial, of a felony. If the chief of police or
the employee files
an appeal from that conviction and the
conviction is upheld by the
highest court to which the appeal is
taken or if the chief of
police or the employee does not file a timely appeal,
the
superintendent
shall terminate the employment of that chief of
police or that
employee as
an Ohio
a veterans' home police
officer. If the
chief of police or the employee files an appeal
that results in
that chief of police's or that employee's
acquittal of
the felony or conviction of a misdemeanor, or in the
dismissal of the felony
charge against that chief of police or
that employee,
the superintendent
shall reinstate that chief of
police or that employee as
an
Ohio
a veterans' home police
officer. A chief of police or an
employee who is reinstated as
an
Ohio
a veterans' home
police officer under division (B)(2)(b) of
this
section shall not receive any back pay unless the conviction
of that chief of
police or that employee of
the felony was
reversed on appeal, or the
felony charge was dismissed, because
the court
found insufficient evidence to convict the chief of
police or the employee of
the felony.
(3) Division (B) of this section does not apply
regarding an
offense that was committed prior to
January 1, 1997.
(4) The suspension from employment, or the termination of
the employment,
of a chief of police or
an Ohio
a veterans' home
police officer under
division (B)(2) of this section shall be in
accordance with
Chapter 119. of the Revised Code.
Sec. 5907.022. The board of trustees of the
Ohio veterans'
home
agency may do either of the following
to expand
nursing home
care and domiciliary services to veterans
at sites
other than the
Ohio veterans'
home
and the Robert T. Secrest
homes
and nursing
home
homes:
(A) Enter into contracts
or agreements, including agreements
for the acceptance of
grants, to construct, lease, purchase, or
otherwise acquire real
property or facilities to establish a
network of
facilities;
(B) Enter into contracts with private providers.
Sec. 5907.023. Neither the Ohio veterans' home agency
established by section 5907.01 of the Revised Code nor the board
of trustees of the Ohio veterans' home agency created by
section
5907.02 of the Revised Code is subject to sections 101.82
to
101.87 of the Revised Code.
Sec. 5907.03. The management and control of
the Ohio
veterans'
home
homes shall be
subject to such inspection and
supervision as the congress of the United
States
may require as a
condition of making appropriations for
its
their maintenance. A
person appointed or designated by congress may make such
inspection and
exercise such supervision, and, if so required by
congress,
he
the
person may have and
exercise the privileges of a
member of the board of trustees
of the Ohio veterans' home agency.
Sec. 5907.04. All members of the armed forces, who served
in
the regular or volunteer forces of the United States or the
Ohio
national guard or members of the naval militia during the
war with
Spain, the Philippine insurrection, the China relief
expedition,
the Indian war, the Mexican expedition, World War I,
World War II,
or during the period beginning June 25, 1950 and
ending July 19,
1953,
said period being known as the Korean
conflict, or during
the period beginning August 5, 1964, and
ending July 1, 1973,
said
period being known as the Vietnam
conflict, or any person who is
awarded either the armed forces
expeditionary medal established by
presidential executive order
10977 dated December 4, 1961, or the
Vietnam service medal
established by presidential executive order
11231 dated July 8,
1965, who have been honorably discharged or
separated under
honorable conditions therefrom, or any discharged
members of the
Polish and Czechoslovakian armed forces who served
in armed
conflict with an enemy of the United States in World War
I or
World War II who have been citizens of the United States for
at
least ten years, provided that the above-mentioned persons have
been citizens of
Ohio
this state for five consecutive years or
more at the
date of making application for admission, are disabled
by
disease, wounds, or otherwise, and are by reason of such
disability incapable of earning their living, and all members of
the Ohio national guard or naval militia who have lost an arm or
leg, or their sight, or become permanently disabled from any
cause, while in the line and discharge of duty, and are not able
to support themselves, may be admitted to
the Ohio
a veterans'
home
under such rules as
its
the board of trustees
of the Ohio
veterans' home agency adopts.
The superintendent of the
Ohio veterans' home
agency
shall
promptly and
diligently pursue the establishment of the
eligibility for
medical assistance under Chapter 5111. of the
Revised Code of all
persons admitted to
the
a veterans' home and
all residents of
the
a home who
appear to qualify and shall
promptly and diligently pursue and
maintain the certification of
the
each home's compliance with federal
laws and regulations
governing participation in the medical
assistance program to
include as large as possible a part of the
home's bed capacity.
The Ohio veterans' home
Veterans' homes may reserve a bed
during the
temporary absence of a resident or patient from the
home,
including
The Robert T. Secrest
a nursing home
within it,
under conditions
prescribed by the board of trustees
of the Ohio
veterans' home,
to include hospitalization for an acute condition,
visits with
relatives and friends, and participation in
therapeutic programs
outside the
facility
home.
The
A home shall
not reserve a bed for more
than thirty days, except that absences
for more than thirty days
due to hospitalization may be
authorized.
Sec. 5907.05. In the admission to
the Ohio
a veterans' home
of honorably
discharged
soldiers, sailors, and marines
veterans
who have served the United States
government, preference shall be
given to those who served in Ohio military
organizations.
Sec. 5907.06. An insane person shall not be admitted to
the
Ohio
a veterans'
home. In case
such
an insane person, through
misrepresentation as to
his
the
person's condition, is
sent to
the
a home,
he
the person shall be returned to, and the
expense
thereof
of the return shall be
borne by, the county from which
he
the person came.
Sec. 5907.07. When a veteran is entitled to admission into
the Ohio
a veterans'
home, the
chairman
chairperson of the
veterans service
commission of the county in which
such
the
veteran resides, upon application, may furnish
him
the
veteran
transportation to the
home by the most direct route from
his
the
veteran's residence.
Such
The transportation shall
be
paid from
the veterans service commission fund of the county.
Sec. 5907.08. When a resident of
the Ohio
a veterans' home
becomes insane, the
commandant
superintendent of the Ohio
veterans' home agency shall file with the probate judge of
the
county in which the home
is
located substantially the
following
affidavit:
"The State of Ohio, ..........
county, ss. ...........,
commandant
superintendent of the Ohio veterans' home
agency, being
duly
sworn, says that the
commandant
superintendent
believes that
............, a
resident of the
veterans' home
located in
.......... county, is insane;
that, in consequence of
the
resident's insanity,
the resident's being at large is
dangerous to
the
community, and that the resident was received
into the home
from ............ county, on
the ...... day of
........., .....
....................A.B."
Sec. 5907.09. When the affidavit referred to in section
5907.08 of the
Revised
Code is filed, the probate judge shall
forthwith determine the sanity of
such
the
resident, and, as far.
Insofar as applicable, the laws governing in cases of admission
to
a state hospital for the insane shall apply. The probate judge
shall have
the same authority, and may receive and order paid the
same fees and costs, as
the probate judge would have in the county
in which
such
the veteran was
a resident
at the time of entering
the
Ohio veterans' home.
Sec. 5907.10. (A) The Ohio veterans' home
agency
shall
maintain and operate
a nursing home as part of each
veterans' home
for the
benefit of
soldiers, sailors, and marines
honorably
discharged veterans admitted to
the institution
a
veterans' home
under
this chapter, a nursing home to be known as
"The Robert T.
Secrest Nursing
Home." The
Robert T. Secrest
nursing
home is
homes are subject to sections 3721.01 to
3721.09
and 3721.99 of
the Revised Code.
(B) The nursing home within the veterans' home located in
Sandusky shall be known as "The Robert T. Secrest Nursing Home."
Sec. 5907.11. (A) The superintendent of the Ohio veterans'
home
agency, with the
approval of the board of trustees of
the
home
agency, may establish a
local fund
for each veterans'
home to
be used for the entertainment and welfare of the residents
of
the
home.
The
Each fund shall be designated as the residents'
benefit
fund
and shall be operated for the exclusive benefit of
the
residents of the
associated
home.
The
Each fund shall receive
all
revenue from the sale of commissary
items
at the associated
home
and shall receive all moneys received as donations
by the
associated home from any source.
(B) The residents' benefit
fund
funds also may be used to
receive and disburse any
donations made for events sponsored by
the Ohio veterans hall of fame.
(C) The superintendent, subject to the approval of the board
of trustees,
shall establish rules for the operation of the
residents' benefit
fund
funds.
Sec. 5907.12. The board of trustees of the Ohio veterans'
home
agency may utilize
the services of
volunteers to
assist in
attending to and caring for residents, assisting in
resident
activities, caring for
the home's
veterans' homes'
buildings and
grounds, and
participating in any other services
that accomplish
any of the board's
purposes. All volunteer
programs are subject
to the board's approval. The
board may
recruit, train, and
supervise the services of community volunteers
or volunteer groups
for volunteer programs. The board may
designate
volunteers as
state employees for the purpose of motor
vehicle accident
liability insurance under section 9.83 of the
Revised Code and for
the purpose
of indemnification from liability
incurred in the
performance of their duties
under section 9.87 of
the Revised
Code.
Sec. 5907.13. Residents of
the Ohio veterans'
home
homes may
be
assessed a fee to pay a portion of the expenses of their
support,
dependent upon their ability to pay. Subject to
controlling
board approval, the board of trustees of the
Ohio
veterans' home
agency
shall adopt rules for determining a
resident's ability to pay.
Each resident shall furnish the board
of trustees statements
of income, assets, debts, and expenses that
the board requires.
All fees contributed by the residents under this section
shall be
deposited into an interest-bearing account in a public
depository
in accordance with section 135.18 of the Revised Code.
All of
these fees shall be paid to the treasurer of state within
thirty days
after the end of the month of receipt, together with
all interest
credited to the account to date. The treasurer of
state shall
credit eighty per cent of these fees and of this
interest
to the Ohio veterans'
home
homes operating fund and
twenty per
cent of these fees and of this interest to the Ohio
veterans'
home
homes
fund.
The fee for each resident shall be based
upon the level of
care provided to the resident by the
resident's home. The board
of
trustees
shall determine authorized levels of care for
residents.
The assessment for each resident shall not exceed the
difference
between the total per diem amount collected by the
state for
maintenance from all sources on the resident's behalf
and the
average annual per diem cost for the resident's
maintenance,
computed in accordance with veterans administration
regulations.
Sec. 5907.131. There is hereby created in the state treasury
the Ohio
veterans'
home
homes operating fund, in which shall be
placed the fee and interest
revenue credited to it under section
5907.13 of the Revised Code. The fund
shall be used for paying
the operating costs of
the Ohio veterans'
home
homes.
Sec. 5907.14. There is hereby created in the state treasury
the Ohio
veterans'
home
homes fund, to which shall be credited the
fee and interest revenue specified
in
section 5907.13 of the
Revised Code. The fund shall be used only for the
following
purposes:
(A) Paying the cost of capital facilities or equipment
purchases for
the Ohio
veterans'
home
homes;
(B) Participation in capital facilities for
the Ohio
veterans'
home
homes with the
federal government, municipal
corporations, counties, or other governmental
agencies.
Sec. 5907.141. (A) All money received from the United
States
department of veterans affairs in per diem grants for
care
that
the Ohio veterans'
home provides
homes provide shall be
deposited
in the state treasury to the credit of the Ohio
veterans'
home
homes federal grant fund, which is hereby created.
Money credited to
the fund shall be used only for the operating
costs of
the Ohio veterans'
home
homes.
(B) Any resident of
the Ohio
a veterans' home whom the
United States
department of veterans affairs determines to have
excess income or
assets, therefore rendering the home ineligible
to collect per
diem grant reimbursement for days of care provided
to that
resident,
is
may be required to pay, in addition to the
fees assessed
under section 5907.13 of the Revised Code, an amount
equal to the
rate of per diem grant that the department denied for
that particular
resident. Any amount that the resident pays under
this
division shall be collected and distributed in the same
manner as
the fees assessed under section 5907.13 of the Revised
Code.
Sec. 5907.15. There is hereby created in the state treasury
the
Ohio veterans'
home
homes rental, service, and medicare
reimbursement fund.
Revenue generated from temporary use
agreements of
the
a veterans' home, from the sale of
meals at
the
a home's dining halls, from rental, lease, or sharing agreements
for the use of facilities, supplies, equipment, utilities, or
services
provided by
the
a home, and from medicare reimbursements
shall be credited to
the fund. The fund shall be used only for
maintenance costs of the
home
homes and for the purchase of
medications, medical
supplies, and medical equipment by the
home
homes.
Sec. 6103.02. (A) For the purpose of preserving and
promoting the public health and welfare, a board of county
commissioners may
acquire, construct, maintain, and operate any
public water supply
facilities within its county for
one or more
sewer districts
and may provide for their protection and
prevent their
pollution and unnecessary waste. The board may
negotiate and enter into a contract with any public agency or any
person for
the management, maintenance, operation, and repair of
the facilities on behalf
of the county, upon the terms and
conditions as may be agreed upon with the
agency or person and as
may be determined by the board to be in the interests
of the
county. By contract with any
public agency or any person
operating public water supply
facilities within or without
its
county, the board also may provide a supply of
water to a sewer
district from the facilities of the public agency or
person.
(B) The county sanitary engineer or
sanitary engineering
department, in addition to
other assigned duties,
shall assist
the board in the performance of its duties under
this chapter
and
shall be
charged with other duties and services in relation
to
the board's duties
as the board prescribes.
(C) The board may adopt, publish,
administer, and enforce
rules for the construction, maintenance,
protection, and use of
county-owned or county-operated public water
supply facilities
outside municipal corporations and of public water
supply
facilities
within municipal corporations that are owned or
operated by
the county or that are
supplied with water from water
supply
facilities owned or operated
by the county, including, but
not limited
to, rules for the establishment and use of any
connections, the termination in accordance with reasonable
procedures of water service for nonpayment of county water rates
and charges,
and the establishment and use of security deposits to
the extent considered
necessary to ensure the payment of county
water rates and charges.
The
rules shall not be inconsistent with
the laws of the state or
any applicable
rules of the director of
environmental protection.
(D) No public water
supply facilities shall be
constructed
in any
county outside municipal corporations by any person,
except for the purpose of supplying water to
those
municipal
corporations, until the plans and specifications for
the
facilities have been approved by the board. Construction
shall
be done under the supervision of the county sanitary engineer.
Any person constructing public water supply facilities shall pay
to the county
all
expenses incurred by the
board in connection
with the construction.
(E) The county sanitary engineer or the county sanitary
engineer's authorized assistants or agents, when properly
identified in
writing or otherwise and after written notice is
delivered to the owner at
least five days in advance or mailed at
least five days in advance by first
class or certified mail to the
owner's tax mailing address, may
enter
upon any public or private
property for the purpose of making, and
may make,
surveys or
inspections necessary for the design
or evaluation
of county
public water supply facilities. This entry is not a trespass and
is
not to be considered an entry in connection with any
appropriation of property
proceedings under sections 163.01 to
163.22 of the Revised
Code that may be pending. No person or
public
agency shall forbid the county sanitary engineer or the
county
sanitary
engineer's authorized assistants
or agents to
enter, or
interfere with their
entry, upon the property for
the
purpose of
making the
surveys or inspections. If actual damage
is
done
to
property by
the making of the surveys or
inspections,
the
board
shall pay
the reasonable value of the damage to the
property
owner, and the cost shall be included in
the cost of
the
facilities and may be
included in any special assessments
levied
and collected to pay that cost.
(F) The board shall fix reasonable rates, including
penalties for late payments, for
water supplied to public agencies
and persons when the source of supply
or the facilities for its
distribution
are owned or operated by the county and may change
the rates from time to time as it considers advisable. When
the
source of the water supply to be used by the county is owned
by
another public agency or
person, the schedule of rates to be
charged by the public agency or
person shall be approved by the
board at the
time it enters into a
contract for the use of water
from the public agency or person. When the
distribution
facilities are owned by the
county, the board also may fix
reasonable charges to be collected for
the privilege of
connecting to the distribution facilities and may require
that,
prior to the connection, the charges be paid in full or, if
determined
by the board to be equitable in a resolution relating
to the payment of the
charges, may require their payment in
installments, as considered
adequate by the board, at the times,
in the amounts, and with the security,
carrying charges, and
penalties as may be determined by the board in that
resolution to
be fair and appropriate. No public agency or
person shall be
permitted to connect to those facilities until
the charges have
been paid in
full or provision for their payment in installments
has been made.
If the connection charges are to be paid in
installments, the
board shall certify, to the county auditor,
information sufficient to identify
each parcel of property served
by a connection and, with respect to each
parcel, the total of the
charges to be paid in installments, the amount of
each
installment, and the total number of installments to be paid. The
county
auditor shall record and maintain the information so
supplied in the
waterworks record provided for in section 6103.16
of the Revised
Code until the connection charges are paid in full.
The board may
include amounts attributable to connection charges
being paid in installments
in its billings of rates and other
charges for water supplied.
In addition, the board may consider
payments made to a school district under section 6103.25 of the
Revised Code when the board establishes rates and other charges
for water supplied.
(G) When any rates or charges are not
paid when due, the
board
may do any or all of the following:
(1) Certify the unpaid rates or charges, together with any
penalties, to the
county auditor. The county auditor shall place
the certified
amount upon the real property tax list and duplicate
against the
property served by the connection. The certified
amount shall be a
lien on the property from the date placed on
the real property tax list
and
duplicate and shall be collected in
the same manner as
taxes, except that, notwithstanding section
323.15 of the Revised
Code, a county treasurer shall accept a
payment in that
amount
when separately tendered as payment for
the full amount of
the
unpaid rates or charges and associated
penalties.
The lien
shall be released immediately upon payment in
full of the
certified amount.
(2) Collect the unpaid rates or charges, together with any
penalties, by actions at law in the name of the
county from an
owner, tenant, or other person or public agency
that is liable
for the payment of the rates or
charges;
(3) Terminate, in accordance with established rules, the
water service to
the particular property unless and until the
unpaid rates or charges, together
with any penalties, are paid in
full;
(4) Apply, to the extent required, any security deposit made
in accordance
with established rules to the payment of the unpaid
rates and charges,
together with any penalties, for water service
to the particular
property.
All moneys collected as rates, charges, or penalties fixed or
established
in accordance with division (F) of this section for
water supply
purposes in or for any sewer district shall be paid
to the county treasurer
and kept in a separate and distinct water
fund established by the board to the
credit of the district.
Each board that fixes water rates
or charges
may render
estimated bills periodically, provided that at least
quarterly it
shall
schedule an
actual
reading of each customer's meter so as
to
render
a bill for the actual amount shown by the meter reading
to be
due, with credit for prior payments of any estimated bills
submitted for
any part of the billing period, except that
estimated bills
may be rendered if a
customer's meter is not
accessible for a timely
reading or if the circumstances preclude a
scheduled reading. Each
board also shall establish
procedures
providing a fair and reasonable opportunity for the
resolution of
billing disputes.
When property to which water service is provided is about
to
be sold, any party to the sale or an agent of a
party may
request
the
board to have the meter at that property read and to
render,
within ten
days following the date on which the request is made, a
final
bill for all outstanding rates and charges for water
service.
The request shall be made at least fourteen days prior
to
the
transfer of the title of the property.
At any time prior to a certification under division (G)(1)
of
this section, the board shall accept any partial payment of
unpaid
water rates or charges in the amount of ten
dollars or
more.
Except as otherwise provided in any proceedings
authorizing
or providing for the security for and payment of any public
obligations, or in any
indenture or trust or other agreement
securing
public obligations, moneys in the water fund shall
be
applied first to the payment of the cost of the
management,
maintenance, and operation of
the water supply facilities
of, or
used or operated for, the sewer district, which cost may
include
the county's share of management, maintenance, and operation costs
under cooperative contracts for the acquisition, construction, or
use of water
supply facilities and, in
accordance with a cost
allocation plan adopted under division
(H)
of this section,
payment of all allowable direct and indirect
costs of the
district, the
county sanitary
engineer or sanitary engineering
department, or a federal or
state grant program, incurred for the
purposes of this chapter,
and shall be applied second to the
payment of debt charges payable
on any outstanding public
obligations issued or incurred for the acquisition or
construction of water supply facilities for or serving the
district, or for
the funding of a bond retirement or other fund
established for
the payment
of or security for the obligations.
Any
surplus remaining may be applied to the acquisition or
construction of those facilities or for
the payment of
contributions to be made, or costs incurred, for the
acquisition
or construction of those facilities under cooperative contracts.
Moneys in the water fund shall not be expended
other than for the
use and benefit of
the district.
(H) A board of county commissioners may adopt a cost
allocation plan that identifies, accumulates, and distributes
allowable direct and indirect costs that may be paid from the
water
fund of the sewer district
created pursuant to
division
(G) of this section, and that
prescribes methods for
allocating
those costs. The plan shall authorize payment from
the fund of
only those costs incurred by the district, the
county
sanitary
engineer or sanitary engineering department, or a
federal or state
grant program, and those costs incurred by the
general and other
funds of the county for a common or joint
purpose, that are
necessary and reasonable for the proper and
efficient
administration of the district under this chapter. The plan
shall not authorize
payment
from the fund of any general
government expense required to carry
out the overall governmental
responsibilities of a county. The
plan shall conform to United
States office of management and
budget Circular A-87, "Cost
Principles for State,
Local, and Indian Tribal
Governments,"
published
15 May 17,
1995.
Sec. 6103.25. Whenever, in the opinion of the board of
county
commissioners, it
is necessary to acquire real estate or
any interest in real estate for the
acquisition, construction,
maintenance, or
operation of any water supply facilities
authorized
by this
chapter, or to acquire the right
to acquire,
construct, maintain, and operate
those facilities in and
upon any
property within or outside of a county
sewer district, it may
purchase the
real estate, interest in real estate, or right by
negotiation.
If the board and the owner of the real
estate,
interest in real estate, or right are unable to agree upon its
purchase and
sale, or the amount of damages to be awarded
for
it, the board may
appropriate
the real estate,
interest, or
right in accordance with
sections
163.01 to 163.22 of the Revised
Code, except that
the
board, in the exercise of the powers granted
by this section or any other
section of this chapter, may
not
appropriate real estate or personal property owned by a municipal
corporation.
If the board purchases or appropriates real estate, an
interest in real estate, or a right pursuant to this section and
the real estate, interest in real estate, or right was subject to
real or personal property taxes prior to the purchase or
appropriation, the board may make payments to a school district of
all or a portion of the amount of the taxes that otherwise would
have been received by the district if the purchase or
appropriation had not occurred. The payments shall be authorized
by a resolution adopted by the board.
As used in this section, "school district" means a "city
school district" as defined in section 3311.02 of the Revised
Code, a "local school district" as defined in section 3311.03 of
the Revised Code, an "exempted village school district" as defined
in section 3311.04 of the Revised Code, and a "joint vocational
school district" as defined in section 3311.18 of the Revised
Code.
Section 1.02. That existing sections 102.02, 109.71, 109.77,
122.171, 123.024, 123.10, 124.381, 124.82, 133.20, 145.01,
145.012, 145.33, 151.01, 151.40, 152.09, 152.10, 166.01, 166.02,
166.03, 166.04,
166.05, 166.06, 166.07, 166.08, 166.11, 183.021,
183.19, 183.30,
307.23, 715.02, 1565.351, 1565.04, 1565.15,
1711.11, 1711.53, 2113.031, 2901.01, 2921.51,
2935.01, 2935.03,
2935.031, 3318.01, 3318.011, 3318.03, 3318.031,
3318.032,
3318.033, 3318.042, 3318.08, 3318.084, 3318.086,
3318.10, 3318.12,
3318.15, 3318.19, 3318.25, 3318.26, 3318.311,
3318.36, 3354.16,
3355.12, 3357.16, 3383.01, 3383.02, 3383.03, 3519.04, 3702.5210,
3702.5211,
3702.5213,
3721.01, 3737.71, 4117.01, 4117.14, 4123.01,
4123.35,
4582.03, 4582.20, 4582.27, 4582.30, 4582.46,
5709.61,
5715.20, 5717.01, 5731.21, 5733.021, 5733.26,
5733.40,
5733.401,
5739.031, 5747.01, 5747.02, 5902.02, 5902.05,
5907.01,
5907.02,
5907.021, 5907.022, 5907.03, 5907.04, 5907.05,
5907.06,
5907.07,
5907.08, 5907.09, 5907.10, 5907.11, 5907.12,
5907.13,
5907.131,
5907.14, 5907.141, 5907.15, 6103.02, and
6103.25 and
section
5747.231 of the Revised Code are
hereby repealed.
Section 1.03. Sections 183.20, 183.21, 183.22, 183.23,
183.24, and 183.25 of the Revised Code are hereby repealed,
effective July 1, 2003.
Section 1.04. That the version of section 2935.03 of the
Revised Code that is scheduled to take effect January 1, 2004, be
amended to read as follows:
Sec. 2935.03. (A)(1) A sheriff, deputy sheriff, marshal,
deputy marshal, municipal police officer, township constable,
police officer of a township or joint township police district,
member of a police force employed by a metropolitan housing
authority under division (D) of section 3735.31 of the Revised
Code, member of a police force employed by a regional transit
authority
under division (Y) of section 306.35 of the Revised
Code, state university law enforcement officer appointed
under
section 3345.04 of the Revised Code,
Ohio veterans' home
police
officer appointed under section 5907.02 of the Revised Code,
or
special police officer employed by a port authority under section
4582.04 or 4582.28 of the Revised Code shall
arrest and detain,
until a warrant can be obtained, a
person found violating, within
the limits of the political
subdivision, metropolitan housing
authority housing project, regional
transit authority facilities
or areas of a municipal corporation that
have been agreed to by a
regional transit authority and a municipal
corporation located
within its territorial
jurisdiction, college,
university,
Ohio
veterans' home
operated under Chapter 5907. of the Revised Code,
or port authority in
which the peace
officer is
appointed,
employed, or elected, a law of this state,
an ordinance
of a
municipal corporation, or a resolution of a
township.
(2) A peace officer
of the department of natural resources
or an individual
designated to perform law enforcement duties
under section
511.232, 1545.13, or 6101.75 of the Revised
Code
shall arrest and detain,
until a warrant can be obtained, a person
found violating,
within the limits of the peace officer's or
individual's
territorial jurisdiction, a law of this state.
(3) The house sergeant at arms if the house sergeant at arms
has
arrest authority pursuant to division (E)(1) of section
101.311 of the Revised Code
and an assistant house sergeant at
arms shall arrest and detain, until a
warrant can be obtained, a
person found violating, within the limits of the
sergeant at
arms's or assistant sergeant at
arms's territorial
jurisdiction
specified in division (D)(1)(a) of section 101.311
of
the Revised
Code or
while providing security pursuant to division
(D)(1)(f)
of
section 101.311 of the Revised Code, a
law of this
state, an
ordinance of a municipal corporation, or a resolution of
a
township.
(B)(1) When there is reasonable ground to believe that an
offense of violence, the offense of criminal child enticement as
defined in section 2905.05 of the Revised Code, the offense of
public indecency as defined in section 2907.09 of the Revised
Code, the offense of domestic violence as defined in section
2919.25 of the Revised Code, the offense of violating a protection
order as
defined in section 2919.27 of the Revised Code, the
offense of menacing by stalking
as defined in section 2903.211 of
the Revised Code, the offense
of aggravated trespass as defined in
section 2911.211 of the
Revised Code, a theft offense as defined
in section 2913.01 of
the Revised Code, or a felony drug abuse
offense as defined in
section 2925.01 of the Revised Code, has
been committed within
the limits of the political subdivision,
metropolitan housing
authority housing project,
regional
transit
authority facilities or those areas of a municipal corporation
that have
been agreed to by a regional transit authority and a
municipal corporation
located within its territorial jurisdiction,
college, university,
Ohio veterans' home
operated under Chapter
5907. of the Revised Code, or port authority in
which the peace
officer is appointed, employed, or
elected or
within the limits of
the territorial jurisdiction of the peace
officer, a peace officer
described in division
(A) of this section
may arrest and detain
until a
warrant can be obtained any person
who the peace officer
has reasonable cause to believe is guilty of
the violation.
(2) For purposes of division (B)(1) of this section, the
execution of any of the following constitutes reasonable ground
to
believe that the offense alleged in the statement was
committed
and reasonable cause to believe that the person alleged
in the
statement to have committed the offense is guilty of the
violation:
(a) A written statement by a person alleging that an
alleged
offender has committed the offense of menacing by
stalking or
aggravated trespass;
(b) A written statement by the administrator of the
interstate compact on mental health appointed under section
5119.51 of the Revised Code alleging that a person who had been
hospitalized, institutionalized, or confined in any facility
under
an order made pursuant to or under authority of section
2945.37,
2945.371, 2945.38, 2945.39, 2945.40,
2945.401, or 2945.402 of the
Revised
Code has escaped from the facility, from confinement in a
vehicle
for transportation to or from the facility, or from
supervision
by an employee of the facility that is incidental to
hospitalization, institutionalization, or confinement in the
facility and that occurs outside of the facility, in violation of
section 2921.34 of the Revised Code;
(c) A written statement by the
administrator of any facility
in which a person has been
hospitalized, institutionalized, or
confined under an order made
pursuant to or under authority of
section 2945.37, 2945.371,
2945.38, 2945.39, 2945.40, 2945.401, or
2945.402 of the Revised Code alleging that
the person has escaped
from the facility, from confinement in a
vehicle for
transportation to or from the facility, or from
supervision by an
employee of the facility that is incidental to
hospitalization,
institutionalization, or confinement in the
facility and that
occurs outside of the facility, in violation of
section 2921.34 of
the Revised Code.
(3)(a) For purposes of division (B)(1)
of this section, a
peace officer described in division
(A) of this section has
reasonable grounds to believe that the offense of domestic
violence or the offense of violating a protection order has been
committed and
reasonable cause to
believe that a particular person
is guilty of committing the
offense if any of the following
occurs:
(i) A person executes a written statement
alleging that the
person in question has committed the offense of
domestic violence
or the offense of violating a protection order
against the person
who executes the
statement or against a child of the person who
executes the
statement.
(ii) No written statement of the type described
in division
(B)(3)(a)(i) of this
section is executed, but the peace officer,
based upon the peace
officer's own knowledge and observation of
the facts and circumstances of
the alleged incident of the offense
of domestic violence or the
alleged incident of the offense of
violating a protection order
or based upon any other information,
including, but not limited to, any reasonably trustworthy
information given to the peace officer by the alleged victim
of
the alleged incident of the offense or any witness of the alleged
incident
of the offense, concludes that there are reasonable
grounds to
believe that the offense of domestic violence or the
offense of
violating a protection order has been
committed and
reasonable cause to believe that the person in
question is guilty
of committing the offense.
(iii) No written statement of the type
described in division
(B)(3)(a)(i)
of this section is executed, but the peace officer
witnessed
the person in question commit the offense of domestic
violence or
the offense of violating a protection order.
(b) If pursuant to division
(B)(3)(a) of this section a
peace officer has
reasonable grounds to believe that the offense
of domestic
violence or the offense of violating a protection
order has been committed and
reasonable cause to
believe that a
particular person is guilty of committing the
offense, it is the
preferred course of action in this state that
the officer arrest
and detain that person pursuant to division
(B)(1) of this section
until a warrant can be obtained.
If pursuant to division (B)(3)(a)
of this section a peace
officer has reasonable grounds to
believe that the offense of
domestic violence or the offense of
violating a protection order
has been
committed and reasonable cause to believe that family or
household members have committed the offense against each other,
it is the preferred course of action in this state that the
officer, pursuant to division (B)(1) of this section,
arrest and
detain until a warrant can be obtained the family or
household
member who committed the offense and whom the officer
has
reasonable cause to believe is the primary physical
aggressor.
There is no preferred course of action in this state
regarding any
other family or household member who committed the
offense and
whom the officer does not have reasonable cause to
believe is the
primary physical aggressor, but, pursuant to
division (B)(1) of
this section, the peace officer may
arrest and detain until a
warrant can be obtained any other
family or household member who
committed the offense and whom the
officer does not have
reasonable cause to believe is the primary
physical aggressor.
(c) If a peace officer described in division
(A) of this
section does not arrest and detain a
person whom the officer has
reasonable cause to believe committed
the offense of domestic
violence or the offense of violating a
protection order when it is
the preferred
course of action in this state pursuant to division
(B)(3)(b) of this section that the officer
arrest that person, the
officer shall articulate in the
written report of the incident
required by section 2935.032 of the
Revised Code a clear statement
of the officer's reasons for not
arresting and detaining that
person until a warrant can be obtained.
(d) In determining for purposes of division
(B)(3)(b) of
this section which family or
household member is the primary
physical aggressor in a situation
in which family or household
members have committed the offense
of domestic violence or the
offense of violating a protection
order against each other, a
peace officer
described in division (A) of this section, in
addition
to any other relevant circumstances, should consider all
of the
following:
(i) Any history of domestic violence or of any
other violent
acts by either person involved in the alleged
offense that the
officer reasonably can ascertain;
(ii) If violence is alleged, whether the alleged
violence
was caused by
a person acting in self-defense;
(iii) Each person's fear of physical harm, if
any, resulting
from the other person's threatened use of force
against any person
or resulting from the other person's use or
history of the use of
force against any person, and the
reasonableness of that fear;
(iv) The comparative severity of any injuries
suffered by
the persons involved in the alleged offense.
(e)(i) A peace officer described in
division (A) of this
section shall not require, as a
prerequisite to arresting or
charging a person who has committed
the offense of domestic
violence or the offense of violating a
protection order, that the
victim of the
offense specifically consent to the filing of
charges against the
person who has committed the offense or sign a
complaint against
the person who has committed the offense.
(ii) If a person is arrested for or charged
with committing
the offense of domestic violence or the offense
of violating a
protection order and if the
victim of the offense does not
cooperate with the involved law
enforcement or prosecuting
authorities in the prosecution of the
offense or, subsequent to
the arrest or the filing of the
charges, informs the involved law
enforcement or prosecuting
authorities that the victim does not
wish the prosecution of the
offense to continue or wishes to drop
charges against the alleged
offender relative to the offense, the
involved prosecuting
authorities, in determining whether to
continue with the
prosecution of the offense or whether to dismiss
charges against
the alleged offender relative to the offense and
notwithstanding
the victim's failure to cooperate or the victim's
wishes, shall
consider all facts and circumstances that are
relevant to the
offense, including, but not limited to, the
statements and
observations of the peace officers who responded to
the incident
that resulted in the arrest or filing of the charges
and of all
witnesses to that incident.
(f) In determining pursuant to divisions (B)(3)(a) to (g) of
this section
whether to arrest a person pursuant to division
(B)(1) of
this section, a peace officer described in division
(A)
of this section shall not consider as a factor any
possible
shortage of cell space at the detention facility to
which the
person will be taken subsequent to the person's
arrest or any
possibility that the person's arrest might cause, contribute to,
or exacerbate overcrowding at that detention facility or at any
other
detention facility.
(g) If a peace officer described in division (A) of
this
section intends
pursuant to
divisions (B)(3)(a) to (g) of this
section to arrest a person pursuant to
division (B)(1) of this
section and if the officer is
unable to
do so because the person
is not present, the officer promptly shall seek a
warrant for the
arrest of the person.
(h) If a peace officer described in division
(A) of this
section responds to a report of an alleged
incident of the offense
of domestic violence or an alleged
incident of the offense of
violating a
protection order and if the circumstances
of the
incident
involved the use or threatened use of a deadly weapon or
any
person involved in the incident brandished a deadly weapon
during
or in relation to the incident, the deadly weapon that was
used,
threatened to be used, or brandished constitutes contraband,
and,
to the extent possible, the officer shall seize the deadly
weapon
as contraband pursuant to section 2933.43 of the Revised
Code. Upon the seizure of a deadly weapon pursuant to
division
(B)(3)(h) of this section, section
2933.43 of the Revised
Code
shall apply regarding the treatment and disposition
of the deadly
weapon. For purposes of that section, the
"underlying criminal
offense" that was the basis of the
seizure of a deadly weapon
under division (B)(3)(h) of
this section and to which the
deadly
weapon had a relationship is any of the following that is
applicable:
(i) The alleged incident of the offense of
domestic violence
or the alleged incident of the offense of
violating a protection
order to which the
officer who seized the deadly weapon responded;
(ii) Any offense that arose out of the same
facts and
circumstances as the report of the alleged incident of
the offense
of domestic violence or the alleged incident of the
offense of
violating a protection order to
which the officer who seized the
deadly weapon responded.
(4) If, in the circumstances described in divisions
(B)(3)(a) to (g) of
this section, a peace officer described in
division
(A) of this section arrests and detains a person
pursuant
to division (B)(1) of this section, or if,
pursuant to division
(B)(3)(h) of this
section, a peace officer described in division
(A) of
this section seizes a deadly weapon, the officer, to the
extent
described in and in accordance with section 9.86 or 2744.03
of
the Revised Code, is immune in any civil action
for damages for
injury, death, or loss to person or property that
arises from or
is related to the arrest and detention or the
seizure.
(C) When there is reasonable ground to believe that a
violation of division (A)(1),
(2), or
(3) of section 4506.15
or a
violation of section 4511.19 of the Revised Code has been
committed by a person operating a motor vehicle subject to
regulation by the public utilities commission of Ohio under Title
XLIX of the Revised Code, a peace officer with authority to
enforce that provision of law may stop or detain the person whom
the officer has reasonable cause to believe was operating the
motor vehicle in violation of the division or section and, after
investigating the circumstances surrounding the operation of the
vehicle, may arrest and detain the person.
(D) If a sheriff, deputy sheriff, marshal, deputy marshal,
municipal police officer, member of a police force employed by a
metropolitan housing authority under division (D) of section
3735.31 of the Revised Code, member of a police force employed by
a
regional transit authority under division (Y) of section 306.35
of the Revised
Code, special police officer employed by a port
authority under section
4582.04 or 4582.28 of the Revised Code,
township constable, police officer of a
township or joint township
police district, state university
law enforcement officer
appointed under section 3345.04 of the
Revised Code, peace officer
of the department of natural
resources, individual designated to
perform law enforcement duties
under
section 511.232, 1545.13, or
6101.75 of the Revised Code, the house
sergeant at arms if the
house sergeant at arms has arrest authority pursuant
to division
(E)(1) of section 101.311 of the Revised Code, or an assistant
house
sergeant at arms is authorized by
division (A) or
(B) of
this section
to arrest and detain, within the limits of the
political
subdivision, metropolitan housing authority housing
project, regional
transit authority facilities or those areas of a
municipal
corporation that have been agreed to by a regional
transit authority and a
municipal corporation located within its
territorial jurisdiction,
port authority, college, or university
in which the officer is
appointed,
employed, or elected or within
the limits of the territorial jurisdiction
of the peace officer, a
person until a warrant can be obtained, the peace
officer, outside
the limits of that
territory, may pursue, arrest, and detain that
person until a warrant
can be
obtained if all of the following
apply:
(1) The pursuit takes place without unreasonable delay
after
the offense is committed;
(2) The pursuit is initiated within the limits of the
political subdivision, metropolitan housing authority housing
project, regional transit authority facilities or those areas of a
municipal corporation that have been agreed to by a regional
transit authority
and a municipal corporation located within its
territorial
jurisdiction, port authority, college, or university
in which
the peace officer is
appointed, employed, or elected or
within the limits of the
territorial jurisdiction of the peace
officer;
(3) The offense involved is a felony, a misdemeanor of the
first degree or a substantially equivalent municipal ordinance, a
misdemeanor of the second degree or a substantially equivalent
municipal ordinance, or any offense for which points are
chargeable pursuant to
section
4510.036
of the
Revised Code.
(E) In addition to the authority granted under division
(A)
or (B) of this section:
(1) A sheriff or deputy sheriff may arrest and detain,
until
a warrant can be obtained, any person found violating
section
4503.11, 4503.21, or 4549.01, sections 4549.08 to
4549.12, section
4549.62, or Chapter 4511. or 4513. of the
Revised Code on the
portion of any street or highway that is
located immediately
adjacent to the boundaries of the county in
which the sheriff or
deputy sheriff is elected or appointed.
(2) A member of the police force of a township police
district created under section 505.48 of the Revised Code, a
member of the police force of a joint township police district
created under section 505.481 of the Revised Code, or a
township
constable appointed in accordance with section 509.01 of the
Revised Code, who has received a certificate from the Ohio peace
officer training commission under section 109.75 of the Revised
Code,
may arrest and detain, until a warrant can be obtained, any
person found violating any section or chapter of the Revised Code
listed in division (E)(1) of this section, other than sections
4513.33 and 4513.34 of the Revised Code, on the portion of any
street or highway that is located immediately adjacent to the
boundaries of the township police district or joint township
police district, in the case of a member of a township police
district or joint township police district police force, or the
unincorporated territory of the township, in the case of a
township constable. However, if the population of the township
that created the township police district served by the member's
police force, or the townships that created the joint township
police district served by the member's police force, or the
township that is served by the township constable, is sixty
thousand or less, the member of the township police district or
joint police district police force or the township constable may
not make an arrest under division (E)(2) of this
section on a
state highway that is
included as part of the interstate system.
(3) A police officer or village marshal appointed,
elected,
or employed by a municipal corporation may arrest and
detain,
until a warrant can be obtained, any person found
violating any
section or chapter of the Revised Code listed in
division (E)(1)
of this section on the portion of any street or
highway that is
located immediately adjacent to the boundaries of
the municipal
corporation in which the police officer or village
marshal is
appointed, elected, or employed.
(4) A peace
officer of the department of natural resources
or an individual
designated to perform law enforcement duties
under section
511.232, 1545.13, or 6101.75 of the
Revised Code may
arrest and detain,
until a warrant can be obtained, any person
found violating any
section or chapter of the Revised
Code listed
in division
(E)(1) of this section, other
than sections 4513.33
and 4513.34 of the
Revised
Code, on the portion of any
street or
highway that is located immediately adjacent to the
boundaries of
the lands and waters that constitute the
territorial jurisdiction
of the peace officer.
(F)(1) A department of mental health special police officer
or
a department of mental retardation and developmental
disabilities
special police officer may arrest without a warrant
and detain until a
warrant can be obtained any person found
committing on the
premises of any institution under the
jurisdiction of the
particular department a misdemeanor under a
law of the state.
A department of mental health special police officer or a
department of mental retardation and developmental disabilities
special police officer may arrest without a warrant and detain
until a
warrant can be obtained any person who has been
hospitalized,
institutionalized, or confined in an institution
under the
jurisdiction of the particular department pursuant to or
under
authority of section 2945.37, 2945.371, 2945.38, 2945.39,
2945.40, 2945.401, or 2945.402 of the Revised
Code and who is
found committing on the
premises of any institution under the
jurisdiction of the
particular department a violation of section
2921.34 of the
Revised Code that involves an escape from the
premises of the
institution.
(2)(a) If a department of mental health special police
officer
or a department of mental retardation and developmental
disabilities special police officer finds any person who has been
hospitalized, institutionalized, or confined in an institution
under the jurisdiction of the particular department pursuant to
or
under authority of section 2945.37, 2945.371, 2945.38,
2945.39,
2945.40, 2945.401, or
2945.402 of the Revised Code committing a
violation of
section 2921.34 of the Revised Code that involves an
escape from
the premises of the institution, or if there is
reasonable ground
to believe that a violation of section 2921.34
of the Revised
Code has been committed that involves an escape
from the premises
of an institution under the jurisdiction of the
department of
mental health or the department of mental
retardation and
developmental disabilities and if a department of
mental health
special police officer or a department of mental
retardation and
developmental disabilities special police officer
has reasonable cause
to believe that a particular person who has
been hospitalized,
institutionalized, or confined in the
institution pursuant to or
under authority of section 2945.37,
2945.371, 2945.38, 2945.39,
2945.40, 2945.401, or 2945.402 of
the
Revised Code is guilty of the violation, the
special police
officer, outside of the premises of the institution,
may pursue,
arrest, and detain that person for that violation of
section
2921.34 of the Revised Code, until a warrant can be
obtained, if
both of the following apply:
(i) The pursuit takes place without unreasonable delay
after
the offense is committed;
(ii) The pursuit is initiated within the premises of the
institution from which the violation of section 2921.34 of the
Revised Code occurred.
(b) For purposes of division (F)(2)(a) of this section,
the
execution of a written statement by the administrator of the
institution in which a person had been hospitalized,
institutionalized, or confined pursuant to or under authority of
section 2945.37, 2945.371, 2945.38, 2945.39, 2945.40,
2945.401, or
2945.402 of the
Revised Code alleging that the person has escaped
from the
premises of the institution in violation of section
2921.34 of
the Revised Code constitutes reasonable ground to
believe that the violation was committed and reasonable cause to
believe that the person alleged in the statement to have
committed
the offense is guilty of the violation.
(G) As used in this section:
(1) A "department of mental health special police officer"
means a special police officer of the department of mental health
designated under section 5119.14 of the Revised Code who is
certified by the Ohio peace officer training commission under
section 109.77 of the Revised Code as having successfully
completed an approved peace officer basic training program.
(2) A "department of mental retardation and developmental
disabilities special police officer" means a special
police
officer of the
department of mental retardation and developmental
disabilities
designated under section 5123.13 of the Revised Code
who is
certified by the Ohio peace officer training council under
section 109.77 of the Revised Code as having successfully
completed an approved peace officer basic training program.
(3) "Deadly weapon" has the same meaning as in section
2923.11 of the Revised
Code.
(4) "Family or household member" has the same meaning as in
section 2919.25
of the Revised Code.
(5) "Street" or "highway" has the same meaning as in
section
4511.01 of the Revised Code.
(6) "Interstate system" has the same meaning as in section
5516.01 of the Revised Code.
(7) "Peace officer of the department of
natural resources"
means an employee of the
department of natural resources who is
a
natural resources law enforcement staff officer designated
pursuant to
section 1501.013, a forest officer designated
pursuant
to section 1503.29, a preserve officer designated
pursuant to
section 1517.10, a wildlife officer designated
pursuant to section
1531.13, a park officer designated pursuant to section
1541.10, or
a state watercraft officer
designated pursuant to section 1547.521
of the
Revised Code.
Section 1.05. That the existing version of section 2935.03 of
the
Revised Code that is scheduled to take effect January 1, 2004,
is
hereby repealed.
Section 1.06. Sections 1.04 and 1.05 of this act shall take
effect January 1, 2004.
Section 1.07. That the versions of sections 5739.026 and
5739.033 of the
Revised Code that are scheduled to take effect
July 1, 2003, be
amended to read as follows:
Sec. 5739.026. (A) A board of county commissioners may
levy
a tax of one-fourth or one-half of one per cent on every
retail
sale in the county, except sales of watercraft and
outboard motors
required to be titled pursuant to Chapter 1548.
of the Revised
Code and sales of motor vehicles, and may increase an existing
rate of one-fourth of one per cent to one-half of one
per cent, to
pay the expenses of administering the tax and,
except as provided
in division (A)(6) of this section, for any
one or more of the
following purposes provided that the aggregate levy for all such
purposes does not exceed one-half of one per cent:
(1) To provide additional revenues for the payment of
bonds
or notes issued in anticipation of bonds issued by a
convention
facilities authority established by the board of
county
commissioners under Chapter 351. of the Revised Code and
to
provide additional operating revenues for the convention
facilities authority;
(2) To provide additional revenues for a transit authority
operating in the county;
(3) To provide additional revenue for the county's general
fund;
(4) To provide additional revenue for permanent
improvements
within the county to be distributed by the community
improvements
board in accordance with section 307.283 and to pay
principal,
interest, and premium on bonds issued under section
307.284 of the
Revised Code;
(5) To provide additional revenue for the acquisition,
construction, equipping, or repair of any specific permanent
improvement or any class or group of permanent improvements,
which
improvement or class or group of improvements shall be
enumerated
in the resolution required by division (D) of this
section, and to
pay principal, interest, premium, and other costs
associated with
the issuance of bonds or notes in anticipation of
bonds issued
pursuant to Chapter 133. of the Revised Code for the
acquisition,
construction, equipping, or repair of the specific
permanent
improvement or class or group of permanent
improvements;
(6) To provide revenue for the implementation and
operation
of a 9-1-1 system in the county. If the tax is levied
or the rate
increased exclusively for such purpose, the tax shall
not be
levied or the rate increased for more than five years. At
the end
of the last year the tax is levied or the rate increased,
any
balance remaining in the special fund established for such
purpose
shall remain in that fund and be used exclusively for
such purpose
until the fund is completely expended, and,
notwithstanding
section 5705.16 of the Revised Code, the board of
county
commissioners shall not petition for the transfer of money
from
such special fund, and the tax commissioner shall not
approve such
a petition.
If the tax is levied or the rate increased for such purpose
for more than five years, the board of county commissioners also
shall levy the tax or increase the rate of the tax for one or
more
of the purposes described in divisions (A)(1) to (5) of this
section and shall prescribe the method for allocating the
revenues
from the tax each year in the manner required by
division (C) of
this section.
(7) To provide additional revenue for the operation or
maintenance of a detention facility, as that term is defined
under
division (F) of section 2921.01 of the Revised Code;
(8) To provide revenue to finance
the construction or
renovation of a sports facility, but only if the tax is levied for
that
purpose in the manner prescribed by section 5739.028 of the
Revised Code.
As used in division (A)(8) of this section:
(a) "Sports facility" means a
facility intended to house
major league professional
athletic teams.
(b) "Constructing" or "construction"
includes providing
fixtures, furnishings, and equipment.
(9) To provide additional revenue for the
acquisition of
agricultural easements, as defined
in section 5301.67 of the
Revised Code; to pay principal,
interest, and premium on bonds
issued under section 133.60 of
the Revised Code; and for the
supervision
and enforcement of agricultural easements held by
the
county.
Pursuant to section 755.171 of the Revised Code, a board of
county
commissioners may pledge and contribute revenue from a tax
levied for the
purpose of division (A)(5) of this section to
the
payment of debt charges on bonds issued under section 755.17 of
the
Revised Code.
The rate of tax shall be a multiple of one-fourth of one
per
cent, unless a portion of the rate of an existing tax levied
under
section 5739.023 of the Revised Code has been reduced, and
the
rate of tax levied under this section has been increased,
pursuant
to section 5739.028 of the Revised
Code, in which case the
aggregate of the rates of tax levied
under this section and
section 5739.023 of the Revised Code shall be a
multiple of
one-fourth of one per cent. The tax shall be levied and the rate
increased pursuant to
a resolution adopted by a majority of the
members of the board.
Prior to the adoption of any resolution to levy the tax or
to
increase the rate of tax exclusively for the purpose set forth
in
division (A)(3) of this section, the board of county
commissioners
shall conduct two public hearings on the
resolution, the second
hearing to be no fewer than three nor more
than ten days after the
first. Notice of the date, time, and
place of the hearings shall
be given by publication in a
newspaper of general circulation in
the county once a week on the
same day of the week for two
consecutive weeks, the second
publication being no fewer than ten
nor more than thirty days
prior to the first hearing.
Except
as
provided in division (E) of this section, the resolution shall
become
effective on
the first day of
a
calendar quarter
following the expiration of sixty days from the
date of its
adoption, subject to a referendum as provided in
sections 305.31
to 305.41 of the Revised Code. If the
resolution is adopted
as an
emergency measure necessary for the
immediate preservation
of the
public peace, health, or safety,
it
must receive an affirmative
vote of all of
the members of the board of county commissioners
and shall state
the reasons for the necessity.
If the tax is
for more than one of the purposes set forth
in
divisions (A)(1) to (7) and (9) of
this section or is
exclusively
for one of the
purposes set forth in division (A)(1), (2), (4),
(5), (6),
(7), or (9) of this
section, the resolution shall not go
into
effect unless
it is approved by a majority of the electors
voting on the
question of the tax.
(B) The board of county commissioners shall adopt a
resolution under section 351.02 of the Revised Code creating the
convention facilities authority, or under section 307.283 of the
Revised Code creating the community improvements board, before
adopting a resolution levying a tax for the purpose of a
convention facilities authority under division (A)(1) of this
section or for the purpose of a community improvements board
under
division (A)(4) of this section.
(C)(1) If the tax is to be used for more than one of the
purposes set forth in divisions (A)(1) to (7) and (9) of this
section,
the board of county commissioners shall establish the
method that
will be used to determine the amount or proportion of
the tax
revenue received by the county during each year that will
be
distributed for each of those purposes, including, if
applicable,
provisions governing the reallocation of a convention
facilities
authority's allocation if the authority is dissolved
while the
tax is in effect. The allocation method may provide
that
different proportions or amounts of the tax shall be
distributed
among the purposes in different years, but it shall
clearly
describe the method that will be used for each year.
Except as
otherwise provided in division (C)(2) of this section,
the allocation method
established by the board is not subject to
amendment during the life of the tax.
(2) Subsequent to holding a public hearing on the proposed
amendment, the board of county commissioners may amend the
allocation method established under division (C)(1) of this
section for any year, if the amendment is approved by the
governing board of each entity whose allocation for the year
would
be reduced by the proposed amendment. In the case of a tax
that
is levied for a continuing period of time, the board may not
so
amend the allocation method for any year before the sixth year
that the tax is in effect.
(a) If the additional revenues provided to the convention
facilities authority are pledged by the authority for the payment
of convention facilities authority revenue bonds for as long as
such bonds are outstanding, no reduction of the authority's
allocation of the tax shall be made for any year except to the
extent that the reduced authority allocation, when combined with
the authority's other revenues pledged for that purpose, is
sufficient to meet the debt service requirements for that year on
such bonds.
(b) If the additional revenues provided to the county are
pledged by the county for the payment of bonds or notes described
in
division
(A)(4) or (5) of this section, for as long as such
bonds
or notes are outstanding, no reduction of the county's or
the
community improvements board's allocation of the tax shall be
made for any year, except to the extent that the reduced county or
community improvements board allocation is sufficient to meet the
debt service requirements for that year on such bonds or notes.
(c) If the additional revenues provided to the transit
authority are pledged by the authority for the payment of revenue
bonds issued under section 306.37 of the Revised Code, for as
long
as such bonds are outstanding, no reduction of the
authority's
allocation of tax shall be made for any year, except
to the extent
that the authority's reduced allocation, when
combined with the
authority's other revenues pledged for that
purpose, is sufficient
to meet the debt service requirements for
that year on such bonds.
(d) If the additional revenues provided to the
county are
pledged by the county for the payment of bonds or
notes issued
under section 133.60 of the Revised
Code, for so long as the bonds
or notes are outstanding, no reduction of the county's
allocation
of the tax shall be made for any year, except to the
extent that
the reduced county allocation is sufficient to meet
the debt
service requirements for that year on the bonds or
notes.
(D)(1) The resolution levying the tax or increasing the
rate
of tax shall state the rate of the tax or the rate of the
increase; the purpose or purposes for which it is to be levied;
the number of years for which it is to be levied or that it is
for
a continuing period of time; the allocation method required
by
division (C) of this section; and if required to be submitted
to
the electors of the county under division (A) of this section,
the
date of the election at which the proposal shall be submitted
to
the electors of the county, which shall be not less than
seventy-five days after the certification of a copy of the
resolution to the board of elections and, if the tax is to be
levied
exclusively for the purpose set forth in division (A)(3) of
this
section, shall not occur in February or August of any
year.
Upon certification of the
resolution to the board of elections,
the board of county
commissioners shall notify the tax
commissioner in writing of the
levy question to be submitted to
the electors. If approved by a
majority of the electors, the tax
shall become effective on
the first day of
a
calendar
quarter
next following the
sixtieth day
following the
certification of
the results of the
election to the
board of
county commissioners
and the tax
commissioner by the
board of
elections, except as
provided in division (E) of this
section.
(2)(a) A resolution specifying that the tax is to be used
exclusively for the purpose set forth in division (A)(3) of this
section that is not adopted as an emergency measure may direct
the
board of elections to submit the question of levying the tax
or
increasing the rate of the tax to the electors of the county
at a
special election
held on the date specified by the board of
county
commissioners in the resolution, provided that the election occurs
not less than seventy-five days after the resolution is certified
to the board of elections and the election is not held in February
or August of any year. Upon certification of the resolution
to
the board of elections, the board of county commissioners
shall
notify the tax commissioner in writing of the levy question
to be
submitted to the electors. No resolution adopted under
division
(D)(2)(a) of this section shall go into effect unless
approved by
a majority of those voting upon it and, except as provided in
division (E) of this section, not until the
first day of
a
calendar quarter following the expiration
of
sixty days from the
date of the notice to the tax
commissioner by
the board of
elections of the affirmative vote.
(b) A resolution specifying that the tax is to be used
exclusively for the purpose set forth in division (A)(3) of this
section that is adopted as an emergency measure shall become
effective as provided in division (A) of this section, but may
direct the board of elections to submit the question of repealing
the tax or increase in the rate of the tax to the electors of the
county at the next general election in the county occurring not
less than seventy-five days after the resolution is certified to
the board of elections. Upon certification of the resolution to
the board of elections, the board of county commissioners shall
notify the tax commissioner in writing of the levy question to be
submitted to the electors. The ballot question shall be the same
as that prescribed in section 5739.022 of the Revised Code. The
board of elections shall notify the board of county commissioners
and the tax commissioner of the result of the election
immediately
after the result has been declared. If a majority of
the
qualified electors voting on the question of repealing the
tax or
increase in the rate of the tax vote for repeal of the tax
or
repeal of the increase, the board of county commissioners, on
the
first day of
a calendar quarter following the expiration
of
sixty days after the date it received notice of the
result of the
election, shall, in the case of a repeal of the tax,
cease to
levy
the tax, or, in the case of a repeal of an increase
in the
rate of
the tax, cease to levy the increased rate and levy
the
tax at the
rate at which it was imposed immediately prior to
the
increase in
rate.
(c) A board of county commissioners, by resolution, may
reduce the rate of a tax levied exclusively for the purpose set
forth in division (A)(3) of this section to a lower rate
authorized by this section. Any such reduction shall be made
effective on the first day of the calendar quarter specified in
the resolution, but not sooner than the first day of the month
next following the sixtieth day after the resolution is certified
to the tax commissioner.
(E)
If a vendor that is registered with the central
electronic registration system provided for in section 5740.05 of
the Revised Code makes a sale in this state by printed catalog
and the consumer computed the tax on the sale based on local rates
published in the catalog,
any tax levied or rate changed under
this section shall not apply
to such a sale until the first day of
a calendar quarter
following the expiration of one hundred
twenty
days from the date
of notice by the tax commissioner to the
vendor, or to the
vendor's certified service provider, if the
vendor has selected
one.
A board of county commissioners may by resolution reduce
the
rate of a tax levied under division (A)(3) of this section to
a
lower rate authorized by this section. Any such reduction shall
be made effective on the first day of the month specified in the
resolution but not sooner than the first day of the month next
following the thirtieth day after certification of the resolution
to the tax commissioner.
(F) The tax levied pursuant to this section shall be in
addition to the tax levied by section 5739.02 of the Revised Code
and any tax levied pursuant to section 5739.021 or 5739.023 of
the
Revised Code.
A county that levies a tax pursuant to this section shall
levy a tax at the same rate pursuant to section 5741.023 of the
Revised Code.
The additional tax levied by the county shall be collected
pursuant to section 5739.025 of the Revised Code.
Any tax levied pursuant to this section is subject to the
exemptions provided in section 5739.02 of the Revised Code and in
addition shall not be applicable to sales not within the taxing
power of a county under the Constitution
of the United States or
the Ohio
Constitution.
Sec. 5739.033. The amount of tax due pursuant to sections
5739.02, 5739.021, 5739.023, and 5739.026 of the Revised Code is
the sum of the taxes imposed pursuant to those sections at the
situs of the sale as determined under this
section or, if
applicable, under division (C) of section 5739.031 of the Revised
Code.
(A) Except
for sales of titled motor vehicles, titled
watercraft, or titled outboard motors as provided in section
5741.05 of the Revised Code, or as otherwise provided in
this
section,
and section
5739.034 of the
Revised Code, the situs of
all sales
is the vendor's
place of
business.
(1) If the consumer or the consumer's
donee receives
tangible personal property
or a service at a
place of business of
the vendor, the situs of the sale is
conclusively determined to be
that place of business.
(2)
When the tangible personal property or
service is not
received at a vendor's place of business, the
situs of the sale
is
conclusively
determined to be consummated at the location where
the consumer or
a donee designated by the consumer receives the
tangible personal
property or service, including the location
indicated by
instructions for delivery to the consumer or the
consumer's donee,
known to the vendor.
(3) If divisions (A)(1) and (2) of this section do not
apply, the
situs of the sale is
conclusively determined to be
consummated at
the location indicated by an address for the
consumer that is
available from the business records of the vendor
that are
maintained in the ordinary course of the vendor's
business when
use of that address does not constitute bad faith.
(4) If divisions (A)(1), (2), and (3) of this section do
not
apply, the
situs of the sale is
conclusively determined to be
consummated
at
the location indicated by an address for the
consumer obtained
during the consummation of the sale, including
the address
associated with the consumer's payment instrument, if
no other
address is available, when use of that address does not
constitute
bad faith.
(5) If divisions (A)(1), (2), (3), and (4) of this section
do not apply, including in the circumstance where the vendor is
without sufficient information to apply any of those divisions,
the
situs of the sale is
conclusively determined to be consummated
at the
address from which tangible personal property was shipped,
or from
which the service was provided, disregarding any
location
that
merely provided the electronic transfer of the
property sold
or
service provided.
(6) As used in division (A) of this section, "receive"
means
taking possession of tangible personal property or making
first
use of a service. "Receive" does not include possession by
a
shipping company on behalf of a consumer.
(B)(1) Notwithstanding divisions (A)(1) to (5) of this
section, a manufacturer or other consumer that is not a holder of
a direct payment permit granted under section 5739.031 of the
Revised Code, that purchases tangible personal property or a
service for use in business, and that knows at the time of
purchase that the property or service will be concurrently
available for use in more than one taxing jurisdiction shall
deliver to the vendor in conjunction with its purchase a multiple
points of use exemption form prescribed by the tax commissioner
disclosing this fact. On receipt of the multiple points of use
exemption form, the vendor is relieved of its obligation to
collect, pay, or remit the tax due, and the consumer must collect,
pay, or remit the tax directly to the state.
(2) A consumer that delivers such form to a vendor may use
any reasonable, consistent, and uniform method of apportioning the
tax due on the tangible personal property or service that is
supported by the consumer's business records as they existed at
the
time of the sale.
(3) The multiple points of use exemption form shall remain
in effect for all future sales by the vendor to the consumer until
it is revoked in writing by the consumer, except as to the
consumer's specific apportionment of a subsequent sale under
division (B) of this section and the facts existing at the time of
the sale.
(C) A person who holds a direct payment permit issued under
section 5739.031 of the Revised Code is not required to deliver a
multiple points of use exemption form to a vendor. But such
permit holder shall comply with division (B)(2) of this section in
apportioning the tax due on tangible personal property or a
service that will be concurrently available for use in more than
one taxing jurisdiction.
(D) Except as provided in division
(F)
or J of this section:
(1) If
the vendor provides a service specified in division
(B)(3)(f)
or
(i) of section 5739.01 of the Revised Code, the situs
of the sale
is
the location of
the
telephone number or account as
reflected in the records of
the
vendor.
(2) In the case of a telecommunications service, if the
telephone number or account is located outside this state, the
situs of the
sale is the location
in this state from which the
service originated.
(E) If the vendor provides lodging to transient guests as
specified in division (B)(2) of section 5739.01 of the Revised
Code, the situs of the sale is
the
location where the lodging is
located.
(F) Except as otherwise provided in this division, if the
vendor
sells a prepaid authorization number or a prepaid telephone
calling card, the situs of the
sale is
the vendor's place of
business
and shall be taxed
at the time of sale. If the vendor
sells
a prepaid authorization
number or prepaid telephone calling
card
through a telephone call,
electronic commerce, or any other
form
of remote commerce, the situs of the
sale is the consumer's
shipping address, or, if there is no item
shipped, at the
consumer's billing address.
Section 1.08. That the existing versions of sections 5739.026
and 5739.033 of
the Revised Code that are scheduled to take effect
July 1, 2003, are
hereby repealed.
Section 1.09. Sections 1.07 and 1.08 of this act take effect
July
1, 2003.
Section 2.01. The items set forth in this section are hereby
appropriated out
of
any moneys in the state treasury to the credit
of the Public School Building
Fund (Fund 021), that are not
otherwise appropriated.
SFC SCHOOL FACILITIES COMMISSION
CAP-622 |
|
Public School Buildings |
|
$ |
30,000,000 |
Total School Facilities Commission |
|
$ |
30,000,000 |
TOTAL Public School Building Fund |
|
$ |
30,000,000 |
Section 2.02. PUBLIC SCHOOL BUILDING FUND
The Controlling Board, when requested to do so by the
Executive
Director of the Ohio School Facilities Commission, may
increase
appropriations in the Public School Building Fund (Fund
021),
based on revenues received by the fund, including cash
transfers
and interest that may accrue to the fund.
Section 3.01. The items set forth in this section are hereby
appropriated out
of any moneys in the state treasury to the credit
of the Highway Safety Fund
(Fund 036), that are not otherwise
appropriated.
DHS DEPARTMENT OF PUBLIC SAFETY
CAP-045 |
|
Platform Scales Improvements |
|
$ |
200,000 |
CAP-059 |
|
Patrol Post ADA Compliance |
|
$ |
250,000 |
CAP-077 |
|
Van Wert Patrol Post |
|
$ |
1,700,000 |
Total Department of Public Safety |
|
$ |
2,150,000 |
TOTAL Highway Safety Fund |
|
$ |
2,150,000 |
Section 4.01. All items set forth in this section are hereby
appropriated out of any moneys in the state treasury to the
credit
of the Waterways Safety Fund (Fund 086), that are not
otherwise
appropriated.
DNR DEPARTMENT OF NATURAL RESOURCES
CAP-324 |
|
Cooperative Funding for Boating Facilities |
|
$ |
7,600,000 |
CAP-390 |
|
State Park Maintenance Facility Development - Middle Bass Island |
|
$ |
1,821,093 |
Total Department of Natural Resources |
|
$ |
9,421,093 |
TOTAL Waterways Safety Fund |
|
$ |
9,421,093 |
Section 5.01. All items set forth in this section are hereby
appropriated out of any moneys in the state treasury to the
credit
of the Special Administrative Fund (Fund 4A9) that are
not
otherwise appropriated.
JFS DEPARTMENT OF JOB AND FAMILY SERVICES
CAP-702 |
|
Central Office Building Renovations |
|
$ |
16,000,000 |
Total Department of Job and Family Services |
|
$ |
16,000,000 |
TOTAL Special Administrative Fund |
|
$ |
16,000,000 |
CENTRAL OFFICE BUILDING RENOVATIONS SPENDING AND REPAYMENT
PLAN
Funds appropriated in the foregoing appropriation item
CAP-702, Central Office Building Renovations, are to be released
for expenditure only after
approval of the Unemployment
Compensation Advisory Council created
under section 4141.08 of the
Revised Code. The amount to be
released shall be based on a
spending plan, which may include a repayment schedule, approved
by
the Council. Once approval is received, the Director of Job
and
Family Services shall request the Director of Budget and
Management or the Controlling Board to release the appropriation.
Section 6.01. The items set forth in this section are hereby
appropriated out of any moneys in the state treasury to the credit
of the State Fire Marshal Fund (Fund 546), that are not otherwise
appropriated.
COM DEPARTMENT OF COMMERCE
CAP-013 |
|
Land Acquisition |
|
$ |
1,500,000 |
CAP-014 |
|
Office and Dorm Addition |
|
$ |
1,800,000 |
Total Department of Commerce |
|
$ |
3,300,000 |
TOTAL State Fire Marshal Fund |
|
$ |
3,300,000 |
Section 7.01. The items set forth in this section are hereby
appropriated out of any moneys in the state treasury to the
credit
of the Veterans' Home Improvement Fund (Fund 604) that
are not
otherwise appropriated.
OVH OHIO VETERANS' HOME AGENCY
CAP-766 |
|
Secrest Motor Coordinators |
|
$ |
33,000 |
CAP-769 |
|
Water and Air Balance |
|
$ |
190,000 |
CAP-770 |
|
Secrest Nursing Home Case Goods |
|
$ |
200,000 |
CAP-771 |
|
Elevator Giffin |
|
$ |
190,000 |
CAP-772 |
|
Demolish Cline and Cameron Cottages |
|
$ |
45,000 |
CAP-773 |
|
Emergency Generator |
|
$ |
26,500 |
CAP-774 |
|
Fire Alarm Security System |
|
$ |
595,000 |
Total Ohio Veterans' Home Agency |
|
$ |
1,279,500 |
TOTAL Veterans' Home Improvement Fund |
|
$ |
1,279,500 |
Section 8.01. All items set forth in this section are hereby
appropriated out of any moneys in the state treasury to the credit
of the Clean Ohio Revitalization Fund (Fund 003) that are not
otherwise appropriated.
DEV DEPARTMENT OF DEVELOPMENT
CAP-001 |
|
Clean Ohio Revitalization |
|
$ |
40,000,000 |
CAP-002 |
|
Clean Ohio Assistance |
|
$ |
10,000,000 |
Total Department of Development |
|
$ |
50,000,000 |
TOTAL Clean Ohio Revitalization Fund |
|
$ |
50,000,000 |
Section 8.02. The Treasurer of State is hereby authorized to
issue and sell, in accordance with Section 2o of Article VIII,
Ohio Constitution, and pursuant to sections 151.01 and 151.40 of
the Revised Code, original obligations in an aggregate principal
amount not to exceed $50,000,000, in addition to the original
issuance of obligations heretofore authorized by prior acts of the
General Assembly. These authorized obligations shall be issued,
subject to applicable constitutional and statutory limitations, as
needed to ensure sufficient moneys to the credit of the Clean Ohio
Revitalization Fund (Fund 003) to pay costs of revitalization
projects as referred to in sections 151.01 and 151.40 of the
Revised Code.
Section 9.01. All items set forth in this section are hereby
appropriated out
of any money in the state treasury to the credit
of the Sports Facilities
Building Fund (Fund 024) that are not
otherwise appropriated.
AFC OHIO ARTS AND SPORTS FACILITIES COMMISSION
CAP-025 |
|
Reds Hall of Fame |
|
$ |
10,000,000 |
CAP-073 |
|
Marina District/Ice Arena Development |
|
$ |
4,000,000 |
CAP-838 |
|
Great Lakes Baseball Stadium |
|
$ |
500,000 |
Total Ohio Arts and Sports Facilities |
|
|
|
Commission |
|
$ |
14,500,000 |
TOTAL Sports Facilities Building Fund |
|
$ |
14,500,000 |
The foregoing appropriation item CAP-025, Reds Hall of Fame,
shall be included within the $81 million not-to-exceed amount
established in Am. H.B. 748 of the 121st General Assembly for
appropriation item CAP-025. In accordance with Chapter 3383. of
the Revised Code, state funds shall be used for up to fifteen per
cent of the initial estimated cost of construction of the Hall of
Fame, as determined by the Ohio Arts and Sports Facilities
Commission. Any remaining funds shall be used for other
preapproved components of the improvements project that meet the
requirements of Chapter 3383. of the Revised Code, as determined
by the Arts and Sports Facilities Commission.
Section 9.02. The Ohio Building Authority is hereby
authorized to issue and
sell, in accordance with the provisions of
Section 2i of Article VIII, Ohio
Constitution, and Chapter 152.
and other applicable sections of the Revised
Code, original
obligations in an aggregate principal amount not to exceed
$5,000,000, in
addition to the original issuance of obligations
heretofore authorized by
prior acts of the General Assembly. The
authorized obligations shall be issued, subject to applicable
constitutional and statutory limitations, to
pay the costs of
capital facilities, as
defined in division
(J) of
section 3383.01
of the Revised Code (Ohio sports facilities).
Section 10.01. All items set forth in this section are
hereby
appropriated out of
any moneys in the state treasury to the
credit
of the Highway Safety Building
Fund (Fund 025) that are not
otherwise appropriated.
DHS DEPARTMENT OF PUBLIC SAFETY
CAP-048 |
|
Statewide Communications System |
|
$ |
3,259,329 |
Total Department of Public Safety |
|
$ |
3,259,329 |
TOTAL Highway Safety Building Fund |
|
$ |
3,259,329 |
Section 10.02. The Ohio Building Authority is hereby
authorized to issue and
sell, in accordance with
Section 2i of
Article VIII, Ohio
Constitution, and Chapter 152.
and other
applicable sections of the Revised
Code, original
obligations in
an aggregate principal amount not to exceed
$1,000,000, in
addition to the original issuance of obligations
heretofore
authorized by prior acts of the General Assembly. The
authorized
obligations shall be issued, subject to applicable
constitutional
and statutory limitations, to
pay the costs
associated
with
previously authorized capital facilities and the
capital
facilities referred to
in
Section 10.01 of this act for the
Department of Public Safety.
Notwithstanding any provision of law to the contrary, at any
time prior to the
sale of obligations authorized in this section,
the Director of Budget and
Management, with the written
concurrence of the Director of Public Safety, may
transfer cash
temporarily from the Highway Safety Fund (Fund 036) to the
Highway
Safety Building Fund (Fund 025), where such cash may be used to
fund
the
projects appropriated in Section 10.01 of this act. At
such
time as the
obligations authorized in this section are sold,
the
Director of Budget and
Management shall transfer from the
Highway
Safety Building Fund to the Highway
Safety Fund any
amounts
originally transferred to the Highway Safety Building
Fund
under
this section.
Section 11.01. All items set forth in Sections 11.02 to
11.14
of this act are
hereby appropriated out
of any moneys in the
state
treasury to the credit of the Administrative
Building Fund
(Fund
026) that are not otherwise appropriated.
Section 11.02. ADJ ADJUTANT GENERAL
CAP-036 |
|
Roof Replacement - Various
|
|
$ |
197,587 |
CAP-039 |
|
Camp Perry Facility Improvements |
|
$ |
500,000 |
CAP-044 |
|
Replace Windows/Doors - Various |
|
$ |
306,260 |
CAP-045 |
|
Plumbing Renovations - Various
|
|
$ |
291,441 |
CAP-046 |
|
Paving Renovations - Various
|
|
$ |
238,886 |
CAP-050 |
|
HVAC Systems - Various
|
|
$ |
51,020 |
CAP-056 |
|
Masonry Repairs/Renovations - Various |
|
$ |
164,656 |
CAP-060 |
|
Facility Protection Measures |
|
$ |
599,550 |
CAP-061 |
|
Repair/Renovate Waste Water System |
|
$ |
200,000 |
CAP-062 |
|
Construct Coshocton Armory |
|
$ |
950,600 |
CAP-063 |
|
Rickenbacker Air and Industrial Park Runway |
|
$ |
2,500,000 |
CAP-064 |
|
Bowling Green Armory Construction |
|
$ |
1,000,000 |
Total Adjutant General |
|
$ |
7,000,000 |
Section 11.03. DAS DEPARTMENT OF ADMINISTRATIVE SERVICES
CAP-773 |
|
Governor's Residence Renovations |
|
$ |
265,400 |
CAP-809 |
|
Hazardous Substance Abatement |
|
$ |
250,000 |
CAP-811 |
|
Health/EPA Laboratory Facilities |
|
$ |
16,834,591 |
CAP-813 |
|
Heer Building Renovation |
|
$ |
1,500,000 |
CAP-826 |
|
Surface Road Building Renovations |
|
$ |
1,250,000 |
CAP-827 |
|
Statewide Communications System |
|
$ |
14,854,591 |
CAP-835 |
|
Energy Conservation Projects |
|
$ |
1,550,000 |
CAP-852 |
|
North High St Government Complex |
|
$ |
1,100,000 |
CAP-856 |
|
Governor's Residence Security System |
|
$ |
155,800 |
CAP-859 |
|
eSecure Ohio |
|
$ |
2,500,000 |
CAP-864 |
|
eGovernment Infrastructure |
|
$ |
1,047,400 |
CAP-865 |
|
DAS Building Security |
|
$ |
78,100 |
CAP-867 |
|
Lausche Building Connector |
|
$ |
1,000,000 |
Total Department of Administrative Services |
|
$ |
42,385,882 |
MARCS STEERING COMMITTEE AND STATEWIDE COMMUNICATIONS SYSTEM
There is hereby continued a Multi-Agency Radio Communications
System (MARCS) Steering Committee consisting of the
Directors of
Administrative Services, Public Safety, Natural
Resources,
Transportation, Rehabilitation and Correction, and
Budget and
Management or their designees. The Director of Administrative
Services or
the
director's designee shall chair the committee.
The
committee
shall provide assistance to the Director of
Administrative
Services for effective and efficient implementation
of the MARCS
system as well as develop policies for the ongoing
management of
the system. Upon dates prescribed by the Directors
of
Administrative Services and Budget and Management, the MARCS
Steering Committee shall report to the directors as to the
progress of MARCS implementation and the development of policies
related to the system.
The foregoing appropriation item CAP-827, Statewide
Communications
System, shall be used to purchase or construct the
components of
the Multi-Agency Radio Communications System (MARCS)
that are not
specific to any one agency. The equipment may
include, but is not
limited to, multi-agency equipment at the
Emergency Operations
Center/Joint Dispatch Facility, computer and
telecommunication
equipment used for the functioning and
integration of the system,
communications towers, tower sites, and
tower equipment, and
linkages among towers and between towers and
the State of Ohio
Network for Integrated Communication (SONIC)
system. The Director
of Administrative Services shall, with the
concurrence of the
MARCS Steering Committee, determine the
specific use of funds.
Spending from this appropriation item shall not be subject to
the
requirements of Chapters 123. and 153. of the Revised Code.
ENERGY CONSERVATION PROJECTS
The foregoing appropriation item CAP-835, Energy Conservation
Projects, shall be used to perform energy conservation
renovations, including the United States Environmental Protection
Agency's Greenlights Program, in state-owned facilities. Prior to
the release of funds for renovation, state agencies shall have
performed a comprehensive energy audit for each project. The
Department of Administrative Services shall review and approve
proposals from state agencies to use these funds for energy
conservation.
Public school districts and state-supported and
state-assisted
institutions of higher education are not eligible
for funding from
this item.
Section 11.04. AGR DEPARTMENT OF AGRICULTURE
CAP-043 |
|
Building and Grounds Renovation |
|
$ |
400,000 |
CAP-048 |
|
Alkaline Hydrolysis Equipment
& Addition |
|
$ |
1,635,536 |
Total Department of Agriculture |
|
$ |
2,035,536 |
Section 11.05. CSR CAPITOL SQUARE REVIEW AND ADVISORY BOARD
CAP-014 |
|
Statehouse Grounds Repair/Improvement |
|
$ |
500,000 |
Total Capitol Square Review and Advisory Board |
|
$ |
500,000 |
Section 11.06. EXP EXPOSITIONS COMMISSION
CAP-037 |
|
Electrical Upgrades |
|
$ |
2,600,000 |
CAP-056 |
|
Building Renovations |
|
$ |
1,000,000 |
CAP-063 |
|
Facilities Improvements and Modernization |
|
$ |
700,000 |
CAP-069 |
|
Restroom Renovations |
|
$ |
500,000 |
CAP-072 |
|
Emergency Renovations and Equipment Replacement |
|
$ |
700,000 |
Total Expositions Commission |
|
$ |
5,500,000 |
Section 11.07. DOH DEPARTMENT OF HEALTH
CAP-003 |
|
Building Renovation
& Telecommunications |
|
$ |
800,000 |
Total Department of Health |
|
$ |
800,000 |
Section 11.08. DNR DEPARTMENT OF NATURAL RESOURCES
CAP-744 |
|
Multi-Agency Radio Communications Equipment - MARCS |
|
$ |
8,450,955 |
Total Department of Natural Resources |
|
$ |
8,450,955 |
Section 11.09. DHS DEPARTMENT OF PUBLIC SAFETY
CAP-054 |
|
Multi-Agency Radio Communications System - MARCS |
|
$ |
690,000 |
CAP-078 |
|
Upgrade/Replacement of State EOC Equip/System |
|
$ |
810,000 |
Total Department of Public Safety |
|
$ |
1,500,000 |
Section 11.10. JSC JUDICIARY/SUPREME COURT
CAP-001 |
|
Ohio Courts Building Renovations |
|
$ |
5,476,000 |
Total Judiciary/Supreme Court |
|
$ |
5,476,000 |
EXEMPT FROM PER CENT FOR ARTS PROGRAM
The foregoing appropriation item CAP-001, Ohio Courts
Building
Renovations, shall be
exempt from section
3379.10 of the
Revised
Code, the Per
Cent for Arts Program.
Section 11.11. OSB SCHOOL FOR THE BLIND
CAP-745 |
|
Roof Improvements on the School and Cottages |
|
$ |
885,000 |
CAP-772 |
|
Boiler Replacement |
|
$ |
510,000 |
CAP-773 |
|
School Residential Hot Water |
|
$ |
605,000 |
Total School for the Blind |
|
$ |
2,000,000 |
Section 11.12. OSD SCHOOL FOR THE DEAF
CAP-767 |
|
Roof Renovations |
|
$ |
1,015,521 |
CAP-774 |
|
Student Health Services Electrical Upgrade |
|
$ |
111,000 |
CAP-775 |
|
Staff Building Heat
& Electric Upgrades |
|
$ |
631,433 |
CAP-776 |
|
Dormitory Renovations |
|
$ |
320,000 |
Total School for the Deaf |
|
$ |
2,077,954 |
Section 11.13. SOS SECRETARY OF STATE
CAP-002 |
|
Voting Machines |
|
$ |
5,800,000 |
Total Secretary of State |
|
$ |
5,800,000 |
The foregoing appropriation item CAP-002, Voting Machines,
shall be used to purchase upgraded voting equipment.
Appropriation
item CAP-002, Voting Machines, shall match federal
funds provided
through the Help America Vote Act of 2002.
Section 11.14. OVH OHIO VETERANS' HOME AGENCY
CAP-775 |
|
Emergency Generator |
|
$ |
600,000 |
Total Ohio Veterans' Home Agency |
|
$ |
600,000 |
TOTAL Administrative Building Fund |
|
$ |
84,126,327 |
Section 11.15. The Ohio Building Authority is hereby
authorized to issue and sell, in accordance with Section 2i of
Article VIII, Ohio Constitution, and Chapter
152.
and other
applicable sections of the Revised Code, original
obligations
in
an aggregate
principal amount not to exceed
$68,000,000, in
addition to the
original issuance of obligations
heretofore
authorized by prior
acts of the General Assembly. The
authorized
obligations shall be issued, subject to applicable
constitutional
and statutory limitations, to pay
costs associated
with previously
authorized capital facilities and
the capital
facilities referred
to in Sections 11.02 to
11.14
of this act.
Section 12.01. All items set forth in this section are
hereby
appropriated out of any moneys in the state treasury to the
credit
of the Adult Correctional Building Fund (Fund 027) that are
not
otherwise appropriated.
DRC DEPARTMENT OF REHABILITATION AND CORRECTIONSTATEWIDE AND CENTRAL OFFICE PROJECTS
CAP-008 |
|
Powerhouse/Utility Improvements |
|
$ |
1,486,925 |
CAP-009 |
|
Water System/Plant Improvements |
|
$ |
6,857,016 |
CAP-017 |
|
Security Improvements - Statewide |
|
$ |
1,597,875 |
CAP-111 |
|
General Building Renovations |
|
$ |
11,448,991 |
CAP-141 |
|
Multi-Agency Radio Communications System Equipment |
|
$ |
2,600,000 |
CAP-187 |
|
Mandown Alert Communication System - Statewide |
|
$ |
5,200,000 |
CAP-240 |
|
State Match for Federal Prison Construction Funds |
|
$ |
1,218,881 |
Total Statewide and Central Office Projects |
|
$ |
30,409,688 |
PICKAWAY CORRECTIONAL INSTITUTION
CAP-312 |
|
Waste Water Treatment Plant |
|
$ |
7,583,125 |
Total Pickaway Correctional Institution |
|
$ |
7,583,125 |
SOUTHERN OHIO CORRECTIONAL FACILITY
CAP-230 |
|
Waste Water Treatment Plant |
|
$ |
2,007,187 |
Total Southern Ohio Correctional Facility |
|
$ |
2,007,187 |
TOTAL Department of Rehabilitation |
|
|
|
and Correction |
|
$ |
40,000,000 |
TOTAL ADULT CORRECTIONAL BUILDING FUND |
|
$ |
40,000,000 |
Section 12.02. The Ohio Building Authority is hereby
authorized to issue and sell, in accordance with Section 2i of
Article VIII, Ohio Constitution, and Chapter
152.
and section
307.021 of the Revised Code, original
obligations in
an aggregate
principal amount not to exceed
$25,000,000 in
addition to the
original issuance of obligations
heretofore
authorized by prior
acts of the General Assembly. The authorized
obligations shall be
issued subject to applicable constitutional
and statutory
limitations, to
pay costs
associated with previously
authorized
capital
facilities and the
capital facilities referred to in
Section 12.01 of
this act
for the Department of
Rehabilitation and
Correction.
Section 13.01. All items set forth in this section are
hereby
appropriated out of any moneys in the state treasury to the
credit
of the Juvenile Correctional Building Fund (Fund 028) that
are not
otherwise appropriated.
DYS DEPARTMENT OF YOUTH SERVICES
CAP-801 |
|
Fire Suppression/Safety/Security |
|
$ |
1,635,000 |
CAP-803 |
|
General Institutional Renovations |
|
$ |
3,055,500 |
CAP-836 |
|
ADA Life/Safety
& Other Renovations - Riverview |
|
$ |
1,000,000 |
CAP-837 |
|
Sanitary Safety
& Other Renovations - Indian River |
|
$ |
4,309,500 |
Total Department of Youth Services |
|
$ |
10,000,000 |
TOTAL Juvenile Correctional Building Fund |
|
$ |
10,000,000 |
Section 13.02. The Ohio Building Authority is hereby
authorized to issue and sell, in accordance with
Section 2i of
Article VIII, Ohio Constitution, and Chapter
152.
and other
applicable sections of the Revised Code, original
obligations in
an aggregate principal amount not to exceed
$5,000,000 in addition
to the original issuance of obligations
heretofore authorized by
prior acts of the General Assembly.
The
authorized obligations
shall be issued, subject to applicable
constitutional and
statutory limitations, to pay the costs
associated with previously
authorized capital facilities and the
capital facilities referred
to in Section 13.01 of this act for the
Department
of Youth
Services.
Section 14.01. All items set forth in this section are hereby
appropriated out of any moneys in the state treasury to the credit
of the Transportation Building Fund (Fund 029) that are not
otherwise appropriated.
DOT DEPARTMENT OF TRANSPORTATION
CAP-001 |
|
Transportation Buildings Capital Improvements |
|
$ |
50,000 |
Total Department of Transportation |
|
$ |
50,000 |
TOTAL Transportation Building Fund |
|
$ |
50,000 |
Section 14.02. The amount of authorization to issue and sell
obligations granted to the Ohio Building Authority by prior acts
of the General Assembly pursuant to Section 2i of Article VIII,
Ohio Constitution, and Chapter 152. of the Revised Code to pay
costs of capital facilities or improvements for the Department of
Transportation Building is reduced from $210,000,000 to
$155,800,000.
Section 15.01. All items set forth in this section are hereby
appropriated out of any moneys in the state treasury to the credit
of the Arts Facilities Building Fund (Fund 030) that are not
otherwise appropriated.
AFC ARTS AND SPORTS FACILITIES COMMISSION
CAP-010 |
|
Sandusky State Theatre Improvements |
|
$ |
1,000,000 |
CAP-013 |
|
Stambaugh Hall Improvements |
|
$ |
200,000 |
CAP-033 |
|
Woodward Opera House Renovation |
|
$ |
250,000 |
CAP-037 |
|
Canton Palace Theatre Renovations |
|
$ |
1,000,000 |
CAP-038 |
|
Center Exhibit Replacement |
|
$ |
750,000 |
CAP-041 |
|
Cleveland Playhouse |
|
$ |
500,000 |
CAP-042 |
|
Statewide Site Exhibit Renovation and Construction |
|
$ |
625,000 |
CAP-043 |
|
Statewide Site Repairs |
|
$ |
454,000 |
CAP-044 |
|
National Underground Railroad Freedom Center |
|
$ |
4,000,000 |
CAP-046 |
|
Cincinnati Museum Center Improvements |
|
$ |
1,600,000 |
CAP-052 |
|
Akron Art Museum |
|
$ |
1,500,000 |
CAP-053 |
|
Powers Auditorium Improvements |
|
$ |
200,000 |
CAP-056 |
|
Ohio Agricultural and Industrial Heritage Center |
|
$ |
1,000,000 |
CAP-057 |
|
Comprehensive Master Plan |
|
$ |
180,000 |
CAP-058 |
|
Visitor Orientation Center |
|
$ |
673,000 |
CAP-064 |
|
Bramley Historic House |
|
$ |
75,000 |
CAP-065 |
|
Beck Center for the Cultural Arts |
|
$ |
100,000 |
CAP-066 |
|
Delaware County Cultural Arts Center |
|
$ |
40,000 |
CAP-067 |
|
Myers Historic Inn |
|
$ |
50,000 |
CAP-068 |
|
Perry County Historical Society |
|
$ |
100,000 |
CAP-069 |
|
Cleveland Institute of Art |
|
$ |
750,000 |
CAP-071 |
|
Cleveland Institute of Music |
|
$ |
750,000 |
CAP-072 |
|
West Side Arts Consortium |
|
$ |
250,000 |
CAP-074 |
|
Stan Hywet Hall
& Gardens |
|
$ |
250,000 |
CAP-075 |
|
McKinley Museum Improvements |
|
$ |
125,000 |
CAP-076 |
|
Spring Hill Historic Home |
|
$ |
125,000 |
CAP-077 |
|
Western Reserve Ballet Improvements |
|
$ |
100,000 |
CAP-078 |
|
Midland Theatre |
|
$ |
175,000 |
CAP-079 |
|
Lorain Palace Civic Theatre |
|
$ |
200,000 |
CAP-080 |
|
Great Lakes Historical Society |
|
$ |
150,000 |
CAP-734 |
|
Hayes Presidential Center - Museum and Home Improvements |
|
$ |
75,000 |
CAP-745 |
|
Emergency Repairs |
|
$ |
750,000 |
CAP-781 |
|
Archives and Library Automation |
|
$ |
300,000 |
CAP-784 |
|
Center Rehabilitation |
|
$ |
741,000 |
CAP-791 |
|
Harrison Tomb |
|
$ |
149,500 |
CAP-806 |
|
Grant Boyhood Home Improvements |
|
$ |
68,333 |
CAP-810 |
|
Toledo Museum of Art Improvements |
|
$ |
2,000,000 |
CAP-811 |
|
National First Ladies Library |
|
$ |
500,000 |
CAP-812 |
|
Dayton Performing Arts Center |
|
$ |
10,000,000 |
CAP-813 |
|
Cleveland Botanical Gardens |
|
$ |
2,500,000 |
CAP-820 |
|
Historical Center/Ohio Village Buildings Renovations |
|
$ |
502,000 |
CAP-821 |
|
Lorain County Historical Society |
|
$ |
300,000 |
CAP-822 |
|
Madison County Historic Schoolhouse |
|
$ |
40,000 |
CAP-823 |
|
Marion Palace Theatre |
|
$ |
825,000 |
CAP-824 |
|
McConnelsville Opera House |
|
$ |
75,000 |
CAP-825 |
|
Secrest Auditorium |
|
$ |
75,000 |
CAP-826 |
|
Renaissance Theatre |
|
$ |
50,000 |
CAP-827 |
|
Trumpet in the Land |
|
$ |
100,000 |
CAP-828 |
|
Becky Thatcher Showboat |
|
$ |
30,000 |
CAP-829 |
|
Mid-Ohio Valley Players |
|
$ |
50,000 |
CAP-830 |
|
The Anchorage |
|
$ |
50,000 |
CAP-831 |
|
Wayne County Historical Society |
|
$ |
300,000 |
CAP-832 |
|
Williams County Historical Society |
|
$ |
200,000 |
CAP-833 |
|
Promont House Museum |
|
$ |
200,000 |
CAP-834 |
|
Galion Historic Big Four Depot Restoration |
|
$ |
50,000 |
CAP-835 |
|
Jamestown Opera House |
|
$ |
100,000 |
CAP-836 |
|
Fairfield Outdoor Theatre |
|
$ |
100,000 |
CAP-837 |
|
Lake County Historical Society |
|
$ |
250,000 |
CAP-839 |
|
Hancock Historical Society |
|
$ |
75,000 |
CAP-840 |
|
RiverSouth Development |
|
$ |
10,000,000 |
CAP-841 |
|
Ft. Piqua Hotel |
|
$ |
200,000 |
CAP-842 |
|
Johnny Appleseed Heritage Center |
|
$ |
500,000 |
Total Arts Facilities Commission |
|
$ |
48,327,833 |
TOTAL Arts Facilities Building Fund |
|
$ |
48,327,833 |
Section 15.02. The Ohio Building Authority is hereby
authorized to issue and sell, in accordance with Section 2i of
Article VIII, Ohio Constitution, and Chapter
152.
and other
applicable sections of the Revised Code,
original
obligations in
an aggregate principal amount not to
exceed
$38,000,000 in
addition to the original
issuance of
obligations
heretofore
authorized by prior acts of the General
Assembly. The authorized
obligations shall be issued, subject to applicable constitutional
and statutory limitations, to pay
costs of capital facilities as
defined in
division (A)(5) of
section 152.09 of the Revised Code,
including
construction as
defined in division (H) of section
3383.01 of the
Revised Code, of
the Ohio arts facilities
designated in Section
15.01 of this act.
Section 16.01. All items set forth in this section are
hereby
appropriated out of any moneys in the state treasury to the
credit
of the Ohio Parks and Natural Resources Fund (Fund 031)
that are
not otherwise appropriated.
DNR DEPARTMENT OF NATURAL RESOURCESSTATEWIDE AND LOCAL PROJECTS
CAP-748 |
|
Local Parks Projects - Statewide |
|
$ |
3,343,905 |
CAP-753 |
|
Project Planning |
|
$ |
908,516 |
CAP-881 |
|
Dam Rehabilitation |
|
$ |
9,611,484 |
CAP-931 |
|
Wastewater/Water Systems Upgrades |
|
$ |
2,855,620 |
Total Statewide and Local Projects |
|
$ |
16,719,525 |
Total Department of Natural Resources |
|
$ |
16,719,525 |
TOTAL Ohio Parks and Natural Resources Fund |
|
$ |
16,719,525 |
Section 16.02. The Ohio Public Facilities Commission, upon
the
request of the Director of Natural Resources, is hereby
authorized to issue and sell, in accordance with Section 2l of
Article VIII, Ohio Constitution, and Chapter 151. and particularly
sections
151.01 and 151.05 of the Revised
Code, original
obligations in an
aggregate principal amount not to
exceed
$15,000,000 in addition to
the original issuance of obligations
heretofore
authorized by
prior acts of the General Assembly.
These
authorized obligations shall be
issued, subject to
applicable
constitutional and statutory limitations, as needed to
provide
sufficient moneys to the credit of the
Ohio Parks and
Natural
Resources Fund (Fund 031) to pay costs of capital
facilities as
defined in sections 151.01 and 151.05 of the Revised Code.
Section 16.03. For the projects appropriated in Section
16.01
of this
act, the
Department of Natural Resources shall
periodically prepare and submit to the
Director of Budget and
Management the estimated design, planning, and
engineering costs
of capital-related work to be done by the Department of
Natural
Resources for each project. Based on the estimates, the Director
of
Budget and Management may release appropriations from the
foregoing
appropriation item CAP-753, Project Planning, to pay for
design, planning, and
engineering costs incurred by the Department
of Natural Resources for such
projects. Upon release of the
appropriations by the Director of Budget and
Management, the
Department of Natural Resources shall pay for these expenses
from
the Capital Expenses Fund
(Fund 4S9), and be reimbursed by Fund
031 using an
intrastate voucher.
Section 17.01. All items set forth in this section are
hereby
appropriated out of any moneys in the state treasury to the
credit
of the School Building Program Assistance Fund (Fund
032) that are
not otherwise appropriated.
SFC SCHOOL FACILITIES COMMISSION
CAP-770 |
|
School Building Program Assistance |
|
$ |
284,200,000 |
Total School Facilities Commission |
|
$ |
284,200,000 |
TOTAL School Building Program Assistance Fund |
|
$ |
284,200,000 |
SCHOOL BUILDING PROGRAM ASSISTANCE
The foregoing appropriation item CAP-770, School Building
Program Assistance,
shall be used by the School Facilities
Commission to provide funding to school
districts that receive
conditional approval from the Commission pursuant to
Chapter 3318.
of the Revised Code.
Section 17.02. The Ohio Public Facilities Commission is
hereby authorized to
issue and sell, in
accordance with Section 2n
of Article VIII, Ohio
Constitution, and
Chapter 151. and
particularly sections 151.01 and 151.03 of
the
Revised Code,
original obligations in
an aggregate principal
amount not to
exceed $265,000,000, in addition to the original
issuance of
obligations heretofore authorized by prior acts of the
General
Assembly. The authorized obligations shall be issued,
subject to
applicable constitutional and statutory limitations, to
pay the
costs to the state of constructing classroom facilities
pursuant
to sections 3318.01 to 3318.35 of the Revised Code.
Section 18.01. All items set forth in Sections 18.02 to
18.05
are
hereby appropriated out of any moneys in the state
treasury to
the
credit of the Mental Health Facilities Improvement
Fund (Fund
033)
that are not otherwise appropriated.
Section 18.02. ADA DEPARTMENT OF ALCOHOL AND DRUG
ADDICTION SERVICES
CAP-002 |
|
Community Assistance Projects |
|
$ |
266,512 |
Total Department of Alcohol and Drug Addiction |
|
|
|
Services |
|
$ |
266,512 |
COMMUNITY ASSISTANCE PROJECTS
Of the foregoing appropriation item CAP-002, Community
Assistance Projects,
$266,512 shall be used for the Oak House
Women's Residential Treatment Facility.
Section 18.03. DMH DEPARTMENT OF MENTAL HEALTH
CAP-479 |
|
Community Assistance Projects |
|
$ |
3,912,500 |
CAP-906 |
|
Campus Consolidation/Automation |
|
$ |
12,040,000 |
CAP-978 |
|
Infrastructure Improvements |
|
$ |
3,460,000 |
Total Department of Mental Health |
|
$ |
19,412,500 |
COMMUNITY ASSISTANCE PROJECTS
Of the foregoing appropriation item CAP-479, Community
Assistance Projects, $500,000 shall be used for the Achievement
Centers for Children in Cuyahoga County.
Section 18.04. DMR DEPARTMENT OF MENTAL RETARDATION AND
DEVELOPMENTAL DISABILITIES
STATEWIDE AND CENTRAL OFFICE PROJECTS
CAP-480 |
|
Community Assistance Projects |
|
$ |
9,441,000 |
CAP-955 |
|
Statewide Development Centers |
|
$ |
3,959,000 |
Total Statewide and Central Office Projects |
|
$ |
13,400,000 |
TOTAL Department of Mental Retardation and |
|
|
|
Developmental
Disabilities |
|
$ |
13,400,000 |
TOTAL MENTAL HEALTH FACILITIES IMPROVEMENT FUND |
|
$ |
33,079,012 |
COMMUNITY ASSISTANCE PROJECTS
The foregoing appropriation item CAP-480, Community
Assistance Projects, may be used to provide community assistance
funds for the development, purchase, construction, or renovation
of
facilities for day
programs or residential programs that
provide
services to persons
eligible for services from the
Department of
Mental Retardation
and Developmental Disabilities or
county boards
of mental
retardation and developmental
disabilities. Any funds
provided to
nonprofit
agencies for the
construction or renovation
of
facilities for
persons eligible
for
services from the
Department
of Mental
Retardation and
Developmental Disabilities
and county
boards of
mental
retardation
and developmental
disabilities shall
be
governed by
the prevailing
wage provisions
in section 176.05 of
the Revised
Code.
Of the foregoing appropriation item CAP-480, Community
Assistance
Projects, $150,000 shall be used for the Fostoria Area
Community
Childhood and Family Center; $250,000 shall be used for
the Berea Children's Home; and $1,000,000 shall be used for the
Bellefaire Jewish Children's Bureau.
Section 18.05. The foregoing appropriations for the
Department of
Alcohol and
Drug Addiction Services, CAP-002,
Community Assistance Projects;
Department of Mental Health,
CAP-479, Community Assistance
Projects; and
Department of Mental
Retardation and Developmental
Disabilities,
CAP-480, Community
Assistance Projects, may
be used
on facilities constructed or to
be constructed pursuant to Chapter
340., 3793., 5119., 5123., or
5126. of the Revised Code or the
authority
granted by
section
154.20 of the Revised Code and the
rules issued pursuant to those
chapters
and shall be distributed
by the Department
of Alcohol and
Drug Addiction Services, the
Department of Mental Health, and
the
Department of Mental
Retardation and Developmental Disabilities,
all subject
to Controlling
Board approval.
Section 18.06. (A) No capital improvement appropriations
made in Sections
18.01 to 18.05 of this act shall be released for
planning or for
improvement, renovation, or
construction or
acquisition of capital facilities if a governmental agency, as
defined in section 154.01 of the Revised Code, does not own the
real property
that constitutes the capital facilities or on which
the capital facilities
are or will be located. This restriction
shall not apply in any of the
following circumstances:
(1) The governmental agency has a long-term (at least
fifteen years) lease
of, or other interest (such as an easement)
in, the real property.
(2) In the case of an appropriation for capital facilities
that, because of their unique
nature or location, will be
owned or
be part of facilities owned
by a separate nonprofit organization
and
made available to the
governmental agency for its use or
operated by the
nonprofit
organization under contract with the
governmental agency, the
nonprofit organization either owns or has
a long-term (at least
fifteen years)
lease of the real property or
other capital
facility to be improved,
renovated, constructed, or
acquired and
has entered into a joint or
cooperative use
agreement, approved by
the Department of Mental Health,
Department
of Mental
Retardation
and Developmental Disabilities, or
Department of Alcohol and Drug
Addiction
Services, whichever is
applicable, with the governmental
agency for that
agency's use of
and right to use the capital
facilities to be financed and, if
applicable, improved, the value
of such use or right to use being,
as
determined by the parties,
reasonably related to the amount of
the
appropriation.
(B) In the case of capital facilities referred to in
division (A)(2) of this
section, the joint or cooperative use
agreement shall include, as a minimum,
provisions that:
(1) Specify the extent and nature of that joint or
cooperative use, extending
for not fewer than fifteen years, with
the value of such use or right to use to
be, as determined by the
parties and approved by the approving department,
reasonably
related to the amount of the appropriation;
(2) Provide for pro rata reimbursement to the state should
the arrangement
for joint or cooperative use by a governmental
agency be terminated;
(3) Provide that procedures to be followed during the
capital improvement
process will comply with appropriate
applicable state laws and rules,
including provisions of this act.
Section 18.07. The Treasurer of State is hereby authorized
to
issue and sell in accordance with Section 2i
of Article
VIII,
Ohio
Constitution, and Chapter 154. of the
Revised Code,
particularly section
154.20 of the Revised Code,
original
obligations in an aggregate principal amount not
to
exceed
$34,000,000 in addition to the original issuance of
obligations
heretofore authorized by prior acts of the General
Assembly. The
authorized obligations shall be issued, subject to
applicable
constitutional and statutory limitations, to pay
costs
of
capital
facilities as defined in section 154.01 of the Revised
Code for
mental hygiene and retardation.
Section 19.01. All items set forth in Sections 19.02 to
19.48
are
hereby appropriated out of any moneys in the state
treasury to
the
credit
of the Higher Education Improvement Fund
(Fund 034) that
are not otherwise appropriated.
Section 19.02. OEB OHIO EDUCATIONAL TELECOMMUNICATIONS
NETWORK COMMISSION
CAP-001 |
|
Educational TV and Radio Equipment |
|
$ |
1,000,626 |
Total Ohio Educational Telecommunications |
|
|
|
Network Commission |
|
$ |
1,000,626 |
EDUCATIONAL TELEVISION AND RADIO EQUIPMENT
The foregoing appropriation item CAP-001, Educational
Television and Radio
Equipment, shall be used for the purpose of
acquiring video file server technology for the Ohio Educational
Telecommunications Network Commission's operations center.
Section 19.03. BOARD OF REGENTS AND STATE
INSTITUTIONS OF
HIGHER EDUCATION
BOR BOARD OF REGENTS
CAP-025 |
|
Instructional and Data Processing Equipment |
|
$ |
33,000,000 |
CAP-029 |
|
Ohio Library and Information Network |
|
$ |
8,190,000 |
CAP-030 |
|
Ohio Supercomputer Center Expansion |
|
$ |
8,500,000 |
CAP-032 |
|
Research Facility Action and Investment Funds |
|
$ |
19,000,000 |
CAP-060 |
|
Technology Initiatives |
|
$ |
3,650,000 |
CAP-062 |
|
Non-Credit Job Training Facilities Grants |
|
$ |
5,985,000 |
CAP-064 |
|
Eminent Scholars Capital Grants |
|
$ |
2,000,000 |
CAP-068 |
|
Third Frontier |
|
$ |
50,000,000 |
CAP-070 |
|
Dark Fiber |
|
$ |
5,000,000 |
CAP-071 |
|
Center for Translational
& Applied Genomics |
|
$ |
500,000 |
CAP-072 |
|
Cleveland Clinic Heart Center Infrastructure Project |
|
$ |
1,000,000 |
Total Board of Regents |
|
$ |
136,825,000 |
Section 19.04. RESEARCH FACILITY ACTION AND INVESTMENT FUNDS
The foregoing appropriation item CAP-032, Research Facility
Action and
Investment Funds, shall be used for a program of grants
to be administered by
the Board of Regents to provide timely
availability of
capital facilities for research programs and
research-oriented instructional
programs at or involving
state-supported and state-assisted institutions of
higher
education.
The Board of Regents shall adopt rules under
Chapter 119. of
the Revised Code relative to the application for
and approval of
projects
funded from appropriation item CAP-032,
Research Facility
Action and
Investment Funds. The rules shall
be reviewed and
approved by the
Legislative
Committee on Education
Oversight. The
Board of Regents shall inform the
President of the
Senate and the
Speaker of the House of Representatives of each
project
application for
funding received. Each project receiving
a
commitment for funding by the
Board of Regents under the rules
shall be reported to the President of the
Senate and the Speaker
of the House of Representatives.
Section 19.05. TECHNOLOGY INITIATIVES
The foregoing appropriation CAP-060, Technology Initiatives,
shall be used by the Board of Regents to support collaborative
initiatives to improve the quality and efficiency of instruction,
services, and program offerings at Ohio's state-assisted colleges
and universities.
Section 19.06. EMINENT SCHOLARS CAPITAL GRANTS
The foregoing appropriation item CAP-064, Eminent Scholars
Capital Grants, shall be used by the Ohio Board of Regents to make
grants to state colleges and universities and nonprofit Ohio
institutions of higher education holding certificates of
authorization issued under section 1713.02 of the Revised Code
that receive endowment grants from appropriation item
235-451,
Eminent Scholars. The capital grants shall be used to
acquire,
renovate, rehabilitate, or construct facilities and
purchase
equipment to be used by an Eminent Scholar in the conduct
of
research, and shall require a 50 per cent match from
recipient
campuses.
The Board of Regents shall convene an Eminent Scholars
Advisory
Panel, which shall make recommendations for the
administration of
the Eminent Scholars program, including the
award of capital
grants. The panel's recommendations for capital
awards from
appropriation item CAP-064, Eminent Scholars Capital
Grants, shall require the
approval of the Board of Regents.
Section 19.07. THIRD FRONTIER PROJECT
The foregoing appropriation item CAP-068, Third Frontier
Project, shall be used to acquire, renovate, or construct
facilities and purchase equipment for research programs technology
development, product development, and commercialization programs
at or involving state-supported and state-assisted institutions of
higher education. The funds shall be used to make grants awarded
on a competitive basis, and shall be administered by the Third
Frontier Commission. Expenditure of these funds shall comply with
Section 2n of Article VIII, Ohio Constitution, and sections 151.01
and 151.04 of the Revised Code for the period beginning July 1,
2002, and ending June 30, 2004.
The Third Frontier Commission shall develop guidelines
relative to the application for and selection of projects funded
from appropriation item CAP-068, Third Frontier Project. The
commission may develop these guidelines in consultation with other
interested parties. The Board of Regents and all state-assisted
and state-supported institutions of higher education shall take
all actions necessary to implement grants awarded by the Third
Frontier Commission.
The foregoing appropriation item CAP-068, Third Frontier
Project, for which an appropriation is made from the Higher
Education Improvement Fund (Fund 034), is determined to consist of
capital improvements and capital facilities for state-supported
and state-assisted institutions of higher education, and is
designated for the capital facilities to which proceeds of
obligations in the Higher Education Improvement Fund (Fund 034)
are to be applied.
Section 19.08. REIMBURSEMENT FOR PROJECT COSTS
Appropriations made in Sections 19.08 to 19.48 of this act
for purposes of
costs of capital facilities for the interim
financing of which the particular
institution has previously
issued its own obligations anticipating the
possibility of future
state appropriations to pay all or a portion of such
costs, as
contemplated in division (B) of section 3345.12 of the Revised
Code,
shall be paid directly to the institution or the paying
agent for those
outstanding obligations in the full principal
amount of those obligations then
to be paid from the anticipated
appropriation, and shall be timely applied to
the retirement of a
like principal amount of the institutional obligations.
Appropriations made in Sections 19.09 to 19.48 of this act
for purposes of
costs of capital facilities, all or a portion of
which costs the particular
institution has paid from the
institution's moneys that were temporarily
available and which
payments were reasonably expected to be reimbursed from
the
proceeds of obligations issued by the state, shall be directly
paid to the
institution in the full amounts of those payments, and
shall be timely applied
to the reimbursement of those temporarily
available moneys.
Section 19.09. UAK UNIVERSITY OF AKRON
CAP-008 |
|
Basic Renovations |
|
$ |
4,335,026 |
CAP-049 |
|
Basic Renovations - Wayne |
|
$ |
144,004 |
CAP-054 |
|
Auburn West Tower Rehab Ph1 |
|
$ |
3,950,000 |
CAP-080 |
|
Medina Learning Center |
|
$ |
750,000 |
CAP-098 |
|
Guzzetta Hall Addition |
|
$ |
7,784,808 |
CAP-099 |
|
D-Wing Expansion |
|
$ |
243,750 |
CAP-100 |
|
Classroom/Office Addition (Design) |
|
$ |
120,120 |
CAP-101 |
|
National Polymer Processing Center |
|
$ |
1,000,000 |
Total University of Akron |
|
$ |
18,327,708 |
Section 19.10. BGU BOWLING GREEN STATE UNIVERSITY
CAP-009 |
|
Basic Renovations |
|
$ |
3,975,578 |
CAP-060 |
|
Basic Renovations - Firelands |
|
$ |
219,586 |
CAP-109 |
|
Cedar Point Community Center Ph3 - Firelands |
|
$ |
862,684 |
CAP-112 |
|
Biology Laboratory Building Ph1 |
|
$ |
1,174,982 |
CAP-119 |
|
Admissions Visitor Center |
|
$ |
3,000,000 |
CAP-120 |
|
Theater (Performing Arts) Complex |
|
$ |
8,750,000 |
CAP-121 |
|
University Hall Rehabilitation Ph1 |
|
$ |
1,174,981 |
CAP-122 |
|
Convocation Center |
|
$ |
50,000 |
Total Bowling Green State University |
|
$ |
19,207,811 |
Section 19.11. CSU CENTRAL STATE UNIVERSITY
CAP-022 |
|
Basic Renovations |
|
$ |
932,692 |
CAP-084 |
|
Academic Facility - Phase I |
|
$ |
7,114,345 |
Total Central State University |
|
$ |
8,047,037 |
Section 19.12. UCN UNIVERSITY OF CINCINNATI
CAP-009 |
|
Basic Renovations |
|
$ |
8,370,968 |
CAP-018 |
|
Basic Renovations - Clermont |
|
$ |
227,093 |
CAP-054 |
|
Raymond Walters Renovations |
|
$ |
361,987 |
CAP-174 |
|
Classroom/Teaching Laboratory Renovations |
|
$ |
7,270,000 |
CAP-176 |
|
Network Expansion |
|
$ |
1,820,000 |
CAP-177 |
|
Critical Building Component Renovations |
|
$ |
4,800,000 |
CAP-205 |
|
Medical Science Building |
|
$ |
7,000,000 |
CAP-206 |
|
One Stop Services Center |
|
$ |
4,783,000 |
CAP-207 |
|
Central Campus Infrastructure |
|
$ |
186,941 |
CAP-208 |
|
Security System Upgrade |
|
$ |
260,000 |
CAP-209 |
|
Library Renovations |
|
$ |
800,000 |
CAP-211 |
|
Cincinnati Symphony Facility Improvements |
|
$ |
500,000 |
CAP-224 |
|
Van Wormer Administrative Building Rehabilitation |
|
$ |
1,125,750 |
CAP-262 |
|
Central Campus Renovations |
|
$ |
579,000 |
CAP-263 |
|
Swift Rehabilitation |
|
$ |
1,260,000 |
CAP-264 |
|
McMicken Window Replacement |
|
$ |
1,000,000 |
CAP-265 |
|
Rieveschl/Crosley Rehab/Expansion |
|
$ |
490,000 |
CAP-266 |
|
Muntz Rehabilitation Ph2 |
|
$ |
1,443,210 |
CAP-267 |
|
Muntz Classroom/Office Upgrades |
|
$ |
16,297 |
CAP-269 |
|
Raymond Walters Veterinary College |
|
$ |
400,000 |
Total University of Cincinnati |
|
$ |
42,694,246 |
Section 19.13. CLS CLEVELAND STATE UNIVERSITY
CAP-023 |
|
Basic Renovations |
|
$ |
4,928,093 |
CAP-109 |
|
Main Classroom Lecture Hall Renovation Ph4 |
|
$ |
1,100,000 |
CAP-125 |
|
College of Education Building |
|
$ |
8,786,384 |
CAP-128 |
|
Property Acquisition |
|
$ |
2,000,000 |
CAP-142 |
|
Rhodes Tower Library Roof Replacement |
|
$ |
1,170,372 |
CAP-143 |
|
Cleveland Food Bank |
|
$ |
500,000 |
CAP-144 |
|
Rhodes Tower Plaza Renovations Ph2 |
|
$ |
1,300,000 |
CAP-145 |
|
Cleveland Manufacturers Technology Complex |
|
$ |
500,000 |
Total Cleveland State University |
|
$ |
20,284,849 |
Section 19.14. KSU KENT STATE UNIVERSITY
CAP-022 |
|
Basic Renovations |
|
$ |
4,185,475 |
CAP-105 |
|
Basic Renovations - East Liverpool |
|
$ |
171,174 |
CAP-106 |
|
Basic Renovations - Geauga |
|
$ |
57,769 |
CAP-107 |
|
Basic Renovations - Salem |
|
$ |
120,703 |
CAP-108 |
|
Basic Renovations - Stark |
|
$ |
397,489 |
CAP-110 |
|
Basic Renovations - Ashtabula |
|
$ |
204,939 |
CAP-111 |
|
Basic Renovations - Trumbull |
|
$ |
377,709 |
CAP-112 |
|
Basic Renovations - Tuscarawas |
|
$ |
201,082 |
CAP-142 |
|
Music Center Improvements |
|
$ |
2,500,000 |
CAP-207 |
|
Kent Hall Planning and Addition |
|
$ |
11,220,000 |
CAP-212 |
|
Technology Building Addition
|
|
$ |
832,593 |
CAP-234 |
|
Terrace Drive Heating Plant Rehab Ph1 |
|
$ |
2,274,122 |
CAP-235 |
|
Rehabilitation of Franklin Hall - Planning |
|
$ |
1,815,000 |
CAP-236 |
|
East Campus Utilities Tunnel |
|
$ |
1,750,000 |
CAP-237 |
|
Classroom Building Interior Renovation |
|
$ |
1,015,746 |
CAP-238 |
|
Roof Replacement, Classroom Building |
|
$ |
288,939 |
CAP-239 |
|
Classroom Building Roof, Coping, Fascia Restoration |
|
$ |
581,919 |
CAP-240 |
|
Roadway/Parking Lot Improvements Ph1 |
|
$ |
250,000 |
CAP-241 |
|
Main Hall Selective Interior Renovation Ph1 |
|
$ |
146,547 |
CAP-242 |
|
Workforce Development Building |
|
$ |
1,156,076 |
CAP-243 |
|
Classroom Building Interior Renovation |
|
$ |
804,594 |
CAP-244 |
|
Fine Arts Building Addition |
|
$ |
1,300,000 |
Total Kent State University |
|
$ |
31,651,876 |
Section 19.15. MUN MIAMI UNIVERSITY
CAP-018 |
|
Basic Renovations |
|
$ |
3,937,819 |
CAP-066 |
|
Basic Renovations - Hamilton |
|
$ |
403,506 |
CAP-069 |
|
Basic Renovations - Middletown |
|
$ |
400,104 |
CAP-089 |
|
N. Campus High Voltage Feeder Improvements |
|
$ |
350,000 |
CAP-096 |
|
McGuffey Hall Rehab Ph3 |
|
$ |
9,000,000 |
CAP-099 |
|
King Library Ground
& 3rd Fl Rehab |
|
$ |
3,000,000 |
CAP-113 |
|
Academic/Administrative Renovation Projects - Hamilton |
|
$ |
496,422 |
CAP-114 |
|
Chilled Water Loop - Middletown |
|
$ |
350,000 |
CAP-115 |
|
Academic/Admin Renovation Projects - Middletown |
|
$ |
688,506 |
CAP-127 |
|
Campus Steam Loop Connections |
|
$ |
350,000 |
CAP-131 |
|
Miami University Learning Center - Middletown |
|
$ |
1,000,000 |
CAP-142 |
|
Engineering
& Applied Science Facility (Planning) |
|
$ |
500,000 |
CAP-143 |
|
Warfield Hall Rehab |
|
$ |
250,000 |
CAP-145 |
|
Campus Chilled Water Efficiency Upgrade |
|
$ |
339,109 |
CAP-146 |
|
Information Technology Systems Upgrade |
|
$ |
811,969 |
CAP-147 |
|
Central Campus Water
& Sewer Improvements |
|
$ |
350,000 |
CAP-149 |
|
Parrish Auditorium Rehab |
|
$ |
700,000 |
CAP-150 |
|
Student
& Community Center |
|
$ |
400,000 |
Total Miami University |
|
$ |
23,327,435 |
Section 19.16. OSU OHIO STATE UNIVERSITY
CAP-074 |
|
Basic Renovations |
|
$ |
19,402,364 |
CAP-149 |
|
Basic Renovations - Regional Campuses |
|
$ |
1,519,898 |
CAP-255 |
|
Supplemental Renovations - OARDC |
|
$ |
1,760,278 |
CAP-427 |
|
Morrill Hall Renovation - 1st Floor Rehab |
|
$ |
730,742 |
CAP-486 |
|
Larkins Hall Addition and Rehab |
|
$ |
20,023,667 |
CAP-487 |
|
Robinson Laboratory Replacement |
|
$ |
20,000,000 |
CAP-531 |
|
Animal/Plant Bio L-3 Isolation Fac, Ph1 |
|
$ |
2,000,000 |
CAP-534 |
|
Main Library Rehabilitation/Expansion |
|
$ |
4,200,000 |
CAP-535 |
|
Psychology Building |
|
$ |
15,000,000 |
CAP-618 |
|
Laboratory Animal Facilities |
|
$ |
6,700,000 |
CAP-619 |
|
Fry Hall Building Addition |
|
$ |
3,600,000 |
CAP-620 |
|
School of Music (Planning) |
|
$ |
250,000 |
CAP-621 |
|
J. Gilbert Reese Center |
|
$ |
3,358,924 |
CAP-622 |
|
Western Branch HQ's and Machinery Building |
|
$ |
850,000 |
CAP-623 |
|
Piketon Training and Development Center |
|
$ |
900,000 |
CAP-624 |
|
Muck Crops Branch Office/Shop Building Replacement |
|
$ |
825,000 |
CAP-625 |
|
Hazardous Waste Handling/Storage Building |
|
$ |
1,103,062 |
CAP-626 |
|
Agricultural/Engineering Building Renovation and Addition |
|
$ |
200,000 |
CAP-628 |
|
Wood County Center for Agriculture |
|
$ |
1,000,000 |
CAP-629 |
|
Community Heritage Art Gallery - Lima |
|
$ |
100,000 |
Total Ohio State University |
|
$ |
103,523,934 |
Section 19.17. OHU OHIO UNIVERSITY
CAP-020 |
|
Basic Renovations |
|
$ |
4,906,331 |
CAP-095 |
|
Basic Renovations - Eastern |
|
$ |
192,413 |
CAP-098 |
|
Basic Renovations - Lancaster |
|
$ |
255,635 |
CAP-099 |
|
Basic Renovations - Zanesville |
|
$ |
243,268 |
CAP-113 |
|
Basic Renovations - Chillicothe |
|
$ |
227,923 |
CAP-114 |
|
Basic Renovations - Ironton |
|
$ |
131,128 |
CAP-115 |
|
Bennett Hall Interior Renovation Ph2 |
|
$ |
828,166 |
CAP-155 |
|
Brasee Hall Interior Renovations |
|
$ |
1,043,079 |
CAP-164 |
|
Southeast Library Warehouse |
|
$ |
235,885 |
CAP-169 |
|
Elevator Completion |
|
$ |
70,000 |
CAP-172 |
|
Elson Hall Renovation Ph3 |
|
$ |
1,075,726 |
CAP-212 |
|
Exterior Site Improvement |
|
$ |
248,065 |
CAP-213 |
|
Daycare Center |
|
$ |
447,950 |
CAP-214 |
|
Science/Fine Arts Renovation Ph2 |
|
$ |
725,213 |
CAP-215 |
|
Land - Use Plan for Future Development |
|
$ |
30,000 |
CAP-216 |
|
Proctorville Planning and Site Improvements |
|
$ |
141,474 |
Total Ohio University |
|
$ |
10,802,256 |
Section 19.18. SSC SHAWNEE STATE UNIVERSITY
CAP-004 |
|
Basic Renovations |
|
$ |
936,147 |
CAP-044 |
|
Land Acquisition |
|
$ |
123,223 |
CAP-045 |
|
Health Sciences Rehabilitation Ph2 |
|
$ |
965,000 |
CAP-047 |
|
Natatorium Rehabilitation |
|
$ |
450,000 |
CAP-048 |
|
Facilities Building Renovation |
|
$ |
242,120 |
Total Shawnee State University |
|
$ |
2,716,490 |
Section 19.19. UTO UNIVERSITY OF TOLEDO
CAP-010 |
|
Basic Renovations |
|
$ |
4,599,389 |
CAP-105 |
|
Gillham Hall Rehabilitation
|
|
$ |
9,382,871 |
CAP-115 |
|
Palmer Hall - 3rd Fl Classroom Renovation |
|
$ |
2,200,000 |
CAP-116 |
|
Bowman-Oddy - N Wing Reno |
|
$ |
5,207,000 |
Total University of Toledo |
|
$ |
21,389,260 |
Section 19.20. WSU WRIGHT STATE UNIVERSITY
CAP-015 |
|
Basic Renovations |
|
$ |
3,205,721 |
CAP-064 |
|
Basic Renovations - Lake |
|
$ |
107,667 |
CAP-093 |
|
Information Technology Center |
|
$ |
451 |
CAP-103 |
|
Millett Hall Rehabilitation |
|
$ |
2,417,500 |
CAP-110 |
|
Student Union Marketplace |
|
$ |
1,000,000 |
CAP-115 |
|
Russ Engineering Expansion |
|
$ |
2,631,000 |
CAP-116 |
|
Rike Hall Renovation (Planning) |
|
$ |
200,000 |
CAP-117 |
|
Electrical Infrastructure Ph1 |
|
$ |
2,100,000 |
CAP-118 |
|
Campus Master Plan Phase V-a |
|
$ |
1,430,828 |
CAP-119 |
|
Science Lab Renovations (Planning) |
|
$ |
500,000 |
CAP-120
|
|
Lake Campus University Center |
|
$ |
587,200 |
Total Wright State University |
|
$ |
14,180,367 |
Section 19.21. YSU YOUNGSTOWN STATE UNIVERSITY
CAP-014 |
|
Basic Renovations |
|
$ |
2,823,822 |
CAP-108 |
|
Technology Upgrades |
|
$ |
2,134,014 |
CAP-113 |
|
Campus Development |
|
$ |
850,000 |
CAP-114 |
|
Steam Distribution
& Central Utility Plant Upgrades |
|
$ |
775,000 |
CAP-121 |
|
Administrative Technology Computer Systems Improvements |
|
$ |
1,500,000 |
CAP-123 |
|
Campus-wide Electrical Upgrades |
|
$ |
1,000,000 |
CAP-124 |
|
Classroom Updates |
|
$ |
800,000 |
CAP-125 |
|
Campus-wide Building Systems Upgrades |
|
$ |
400,000 |
CAP-126 |
|
Technology Upgrades |
|
$ |
2,134,014 |
CAP-127 |
|
Recreation and Wellness Center |
|
$ |
1,000,000 |
CAP-128 |
|
Technology Incubator for Market-Ready Applications |
|
$ |
1,000,000 |
Total Youngstown State University |
|
$ |
12,282,836 |
Section 19.22. MCO MEDICAL COLLEGE OF OHIO
CAP-010 |
|
Basic Renovations |
|
$ |
1,487,065 |
CAP-066 |
|
Core Research Facility |
|
$ |
2,386,440 |
CAP-076 |
|
Supplemental Renovations |
|
$ |
880,000 |
CAP-077 |
|
Academic/Classroom Improvements |
|
$ |
400,000 |
CAP-078 |
|
Clinical Academic Renovation |
|
$ |
700,000 |
Total Medical College of Ohio |
|
$ |
5,853,505 |
Section 19.23. NEM NORTHEASTERN OHIO UNIVERSITIES
COLLEGE
OF MEDICINE
CAP-018 |
|
Basic Renovations |
|
$ |
479,162 |
CAP-022 |
|
Cooperative Regional Library Depository - NE |
|
$ |
452,200 |
CAP-045 |
|
Renovation of Olson and Meshel Halls |
|
$ |
1,341,849 |
Total Northeastern Ohio Universities College |
|
|
|
of Medicine |
|
$ |
2,273,211 |
Section 19.24. CTC CINCINNATI STATE COMMUNITY COLLEGE
CAP-013 |
|
Basic Renovations |
|
$ |
833,126 |
CAP-030 |
|
Student Life/Education Building |
|
$ |
3,700,000 |
CAP-033 |
|
One Stop Shop Renovation |
|
$ |
547,860 |
CAP-034 |
|
Rekeying of Main Campus |
|
$ |
365,160 |
CAP-035 |
|
Install Kiosks |
|
$ |
150,450 |
Total Cincinnati State Community College |
|
$ |
5,596,596 |
Section 19.25. CLT CLARK STATE COMMUNITY COLLEGE
CAP-006 |
|
Basic Renovations |
|
$ |
468,266 |
CAP-039 |
|
Champaign Health
& Education Center |
|
$ |
100,000 |
CAP-040 |
|
Clark Health
& Education Center |
|
$ |
50,000 |
Total Clark State Community College |
|
$ |
618,266 |
Section 19.26. CTI COLUMBUS STATE COMMUNITY COLLEGE
CAP-006 |
|
Basic Renovations |
|
$ |
1,172,318 |
CAP-040 |
|
Academic Building D |
|
$ |
17,585,528 |
CAP-043 |
|
Building E - Planning |
|
$ |
1,022,862 |
Total Columbus State Community College |
|
$ |
19,780,708 |
Section 19.27. CCC CUYAHOGA COMMUNITY COLLEGE
CAP-031 |
|
Basic Renovations |
|
$ |
2,650,707 |
CAP-079 |
|
Cleveland Art Museum Improvements |
|
$ |
5,000,000 |
CAP-084 |
|
East I Renovations, Ph2 (Eastern) |
|
$ |
4,339,089 |
CAP-085 |
|
Building A Expansion Module (Western) |
|
$ |
4,157,148 |
CAP-087 |
|
Center for Nursing
& Health Careers |
|
$ |
1,400,000 |
CAP-088 |
|
Corporate College |
|
$ |
500,000 |
Total Cuyahoga Community College |
|
$ |
18,046,944 |
Section 19.28. ESC EDISON STATE COMMUNITY COLLEGE
CAP-006 |
|
Basic Renovations |
|
$ |
295,110 |
Total Edison State Community College |
|
$ |
295,110 |
Section 19.29. JTC JEFFERSON COMMUNITY COLLEGE
CAP-022 |
|
Basic Renovations |
|
$ |
242,523 |
CAP-041 |
|
Campus Master Plan |
|
$ |
189,442 |
Total Jefferson Community College |
|
$ |
431,965 |
Section 19.30. LCC LAKELAND COMMUNITY COLLEGE
CAP-006 |
|
Basic Renovations |
|
$ |
972,671 |
CAP-037 |
|
C Building East End Project |
|
$ |
985,000 |
CAP-038 |
|
HVAC Upgrades/Rehabilitation |
|
$ |
1,000,000 |
CAP-039 |
|
Main Gym Floor Renov |
|
$ |
150,000 |
CAP-040 |
|
Roadway and Drainage Improvements |
|
$ |
632,756 |
CAP-043
|
|
Mooreland Educational Center Rehab |
|
$ |
115,000 |
Total Lakeland Community College |
|
$ |
3,855,427 |
Section 19.31. LOR LORAIN COMMUNITY COLLEGE
CAP-005 |
|
Basic Renovations |
|
$ |
1,132,268 |
Total Lorain Community College |
|
$ |
1,132,268 |
Section 19.32. NTC NORTHWEST STATE COMMUNITY COLLEGE
CAP-003 |
|
Basic Renovations |
|
$ |
268,822 |
CAP-021 |
|
Services Facility |
|
$ |
200,000 |
Total Northwest State Community College |
|
$ |
468,822 |
Section 19.33. OTC OWENS COMMUNITY COLLEGE
CAP-019 |
|
Basic Renovations |
|
$ |
1,385,769 |
CAP-037 |
|
Education Center |
|
$ |
8,746,360 |
CAP-038 |
|
Fire and Police Training Center |
|
$ |
1,145,610 |
Total Owens Community College |
|
$ |
11,277,739 |
Section 19.34. RGC RIO GRANDE COMMUNITY COLLEGE
CAP-005 |
|
Basic Renovations |
|
$ |
371,653 |
Total Rio Grande Community College |
|
$ |
371,653 |
Section 19.35. SCC SINCLAIR COMMUNITY COLLEGE
CAP-007 |
|
Basic Renovations |
|
$ |
2,231,992 |
Total Sinclair Community College |
|
$ |
2,231,992 |
Section 19.36. SOC SOUTHERN STATE COMMUNITY COLLEGE
CAP-010 |
|
Basic Renovations |
|
$ |
293,585 |
CAP-025 |
|
Multi-Purpose Facility |
|
$ |
1,000,000 |
Total Southern State Community College |
|
$ |
1,293,585 |
Section 19.37. TTC TERRA STATE COMMUNITY COLLEGE
CAP-009 |
|
Basic Renovations |
|
$ |
315,419 |
Total Terra State Community College |
|
$ |
315,419 |
Section 19.38. WTC WASHINGTON STATE COMMUNITY COLLEGE
CAP-006 |
|
Basic Renovations |
|
$ |
262,586 |
Total Washington State Community College |
|
$ |
262,586 |
Section 19.39. BTC BELMONT TECHNICAL COLLEGE
CAP-008 |
|
Basic Renovations |
|
$ |
214,638 |
Total Belmont Technical College |
|
$ |
214,638 |
Section 19.40. COT CENTRAL OHIO TECHNICAL COLLEGE
CAP-003 |
|
Basic Renovations |
|
$ |
210,616 |
CAP-011 |
|
J. Gilbert Reese Center |
|
$ |
2,209,867 |
Total Central Ohio Technical College |
|
$ |
2,420,483 |
Section 19.41. HTC HOCKING TECHNICAL COLLEGE
CAP-019 |
|
Basic Renovations |
|
$ |
487,064 |
CAP-034 |
|
Student Center - Ph III |
|
$ |
2,192,550 |
CAP-040 |
|
Lake Snowden |
|
$ |
1,446,150 |
Total Hocking Technical College |
|
$ |
4,125,764 |
Section 19.42. LTC LIMA TECHNICAL COLLEGE
CAP-004 |
|
Basic Renovations |
|
$ |
316,757 |
CAP-015 |
|
Information Technology Building |
|
$ |
3,767,610 |
Total Lima Technical College |
|
$ |
4,084,367 |
Section 19.43. MTC MARION TECHNICAL COLLEGE
CAP-004 |
|
Basic Renovations |
|
$ |
116,271 |
CAP-012 |
|
Technical Education Center Rehab |
|
$ |
257,501 |
Total Marion Technical College |
|
$ |
373,772 |
Section 19.44. MAT MUSKINGUM AREA TECHNICAL COLLEGE
CAP-007 |
|
Basic Renovations |
|
$ |
239,685 |
CAP-020 |
|
Atwood Lake Resort
& Conference Center Facility Improvements |
|
$ |
250,000 |
CAP-021 |
|
Lighting/HVAC Replacement |
|
$ |
843,606 |
Total Muskingum Area Technical College |
|
$ |
1,333,291 |
Section 19.45. NCC NORTH CENTRAL TECHNICAL COLLEGE
CAP-003 |
|
Basic Renovations |
|
$ |
352,422 |
Total North Central Technical College |
|
$ |
352,422 |
Section 19.46. STC STARK TECHNICAL COLLEGE
CAP-004 |
|
Basic Renovations |
|
$ |
477,277 |
CAP-032 |
|
Automotive Tech Building Addition |
|
$ |
1,719,554 |
Total Stark Technical College |
|
$ |
2,196,831 |
Total Board of Regents and |
|
|
|
State Institutions of Higher Education |
|
$ |
554,468,469 |
TOTAL Higher Education Improvement Fund |
|
$ |
554,469,095 |
Section 19.47. DEBT SERVICE FORMULA ALLOCATION
Based on the foregoing appropriations in Sections
19.09 to
19.46
of
this act, from
Fund 034, Higher Education
Improvement
Fund, the following higher education
institutions
shall be
responsible for the specified amounts as part of the
debt
service
component of the instructional subsidy beginning in fiscal
year
2004:
INSTITUTION |
|
AMOUNT
|
University of Akron |
|
$11,734,808 |
University of Akron - Wayne |
|
$363,870 |
Bowling Green State University |
|
$14,099,963 |
Bowling Green State University - Firelands |
|
$862,684 |
Central State University |
|
$2,614,345 |
University of Cincinnati |
|
$31,374,691 |
University of Cincinnati - Walters |
|
$1,459,507 |
Cleveland State University |
|
$14,356,756 |
Kent State University |
|
$17,059,122 |
Kent State University - Ashtabula |
|
$832,593 |
Kent State University - East Liverpool |
|
$804,594 |
Kent State University - Geauga |
|
$288,939 |
Kent State University - Salem |
|
$581,919 |
Kent State University - Stark |
|
$1,696,547 |
Kent State University - Trumbull |
|
$1,156,076 |
Kent State University - Tuscarawas |
|
$1,015,746 |
Miami University |
|
$14,951,078 |
Miami University - Hamilton |
|
$1,196,422 |
Miami University - Middletown |
|
$1,438,506 |
Ohio State University |
|
$69,773,667 |
Ohio State University - Marion |
|
$730,742 |
Ohio State University - Newark |
|
$3,358,924 |
Ohio State University - OARDC |
|
$5,878,062 |
Ohio University - Eastern |
|
$755,213 |
Ohio University - Chillicothe |
|
$1,076,231 |
Ohio University - Ironton |
|
$589,424 |
Ohio University - Lancaster |
|
$1,113,079 |
Ohio University - Zanesville |
|
$1,075,726 |
Shawnee State University |
|
$1,780,343 |
University of Toledo |
|
$16,789,871 |
Wright State University |
|
$10,279,328 |
Wright State University - Lake |
|
$587,200 |
Youngstown State University |
|
$8,459,014 |
Medical College of Ohio |
|
$4,366,440 |
Northeastern Ohio Universities College of Medicine |
|
$1,341,849 |
Cincinnati State Community College |
|
$1,063,470 |
Columbus State Community College |
|
$4,108,390 |
Cuyahoga Community College |
|
$9,896,237 |
Jefferson Community College |
|
$189,442 |
Lakeland Community College |
|
$2,882,756 |
Owens Community College |
|
$4,715,560 |
Central Ohio Technical College |
|
$2,209,867 |
Hocking Technical College |
|
$3,638,700 |
Lima Technical College |
|
$3,767,610 |
Marion Technical College |
|
$257,501 |
Muskingum Area Technical College |
|
$843,606 |
Stark Technical College |
|
$1,719,554 |
Institutions not listed above shall not have a debt service
obligation as
a result of these appropriations.
Within sixty days after the effective date of this section,
any institution of
higher education may notify the Board of
Regents of its intention not to
proceed with any project
appropriated in this act. Upon receiving such
notification, the
Board of Regents may release the institution from its debt
service
obligation for the specific project.
Section 19.48. For all of the foregoing appropriation items
from the Higher
Education Improvement Fund (Fund 034) that require
local funds to be
contributed by any state-supported or
state-assisted institution of higher
education, the Ohio Board of
Regents shall not recommend that any funds be
released until the
recipient institution demonstrates to the Board of Regents
and the
Office of Budget and Management that the local funds contribution
requirement has been secured or satisfied. The local funds shall
be in
addition to the foregoing appropriations.
Section 19.49. The Ohio Public Facilities Commission is
hereby authorized to
issue and sell,
in accordance with Section 2n
of Article VIII, Ohio
Constitution,
Chapter 151. and particularly
sections 151.01 and 151.04 of the
Revised Code, original
obligations in an
aggregate principal
amount not to exceed
$536,690,000,
in addition to the original
issuance of obligations
heretofore authorized by prior acts of the
General Assembly. The
authorized obligations shall be issued,
subject to applicable
constitutional and statutory limitations, to
pay costs of capital
facilities as defined in sections 151.01 and
151.04 of the Revised
Code for state-supported and state-assisted
institutions of higher
education.
Section 19.50. None of the foregoing capital improvements
appropriations for
state-supported or state-assisted institutions
of higher education shall be
expended until the particular
appropriation has been recommended for release
by the Ohio Board
of Regents and released by the Director of Budget and
Management
or the Controlling Board. Either the institution concerned, or
the Ohio
Board of Regents with the concurrence of the institution
concerned, may
initiate the request to the Director of Budget and
Management or the
Controlling Board for the release of the
particular appropriations.
Section 19.51. No capital improvement appropriations made in
Sections 19.02
to 19.48 of this act
shall be
released for
planning
or for
improvement, renovation, construction,
or acquisition of
capital
facilities if the institution of higher
education or the
state
does not own
the real property on which the
capital
facilities are
or will be located.
This restriction does
not
apply in any of the
following circumstances:
(1) The institution has a long-term (at least fifteen years)
lease of, or
other interest (such as an easement) in, the real
property.
(2) The Ohio Board of Regents certifies to the Controlling
Board that undue
delay will occur if planning does not proceed
while the property or property
interest acquisition process
continues. In this case, funds may be released
upon approval of
the Controlling Board to pay for planning through the
development
of schematic drawings only.
(3) In the case of an appropriation for capital facilities
that,
because of their unique
nature or location, will be owned or
will
be part of facilities owned by a
separate nonprofit
organization
or public body and will be made available to
the
institution of
higher education for its use, the nonprofit
organization or
public
body either owns or has a long-term (at
least fifteen years) lease
of
the real property or other capital
facility to be improved,
renovated,
constructed, or acquired and
has entered into a joint
or cooperative use
agreement with the
institution of higher
education that meets the requirements
of
division (C) of this
section.
(B) Any foregoing appropriations which require cooperation
between a
technical college and a branch campus of a university
may be
released by the Controlling Board upon recommendation by
the Ohio Board of
Regents that the facilities proposed by the
institutions are:
(1) The result of a joint planning effort by the university
and the technical
college, satisfactory to the Ohio Board of
Regents;
(2) Facilities that will meet the needs of the region in
terms of technical
and general education, taking into
consideration the totality of facilities
which will be available
after the completion of these projects;
(3) Planned to permit maximum joint use by the university
and technical
college of the totality of facilities which will be
available upon their completion; and
(4) To be located on or adjacent to the branch campus of the
university.
(C) The Ohio Board of Regents shall adopt rules regarding
the release of
moneys from all the foregoing appropriations for
capital facilities for all
state-supported or state-assisted
institutions of higher education. In the case of capital
facilities referred to in division (A)(3) of this section, the
joint or cooperative use agreements shall
include, as a minimum,
provisions that:
(1) Specify the extent
and nature of that joint or
cooperative use, extending for not
fewer than fifteen years, with
the value of such use or right to use to be, as to be determined
by the parties and approved by the Board of Regents, reasonably
related to the amount of
the
appropriations;
(2) Provide for pro rata reimbursement to the state should
the arrangement
for joint or cooperative use be terminated;
(3) Provide that procedures to be followed during the
capital improvement
process will comply with appropriate
applicable state laws and rules,
including provisions of this act;
and
(4) Provide for payment or reimbursement to the institution
of its
administrative costs incurred as a result of the facilities
project, not to
exceed 1.5 per cent of the appropriated amount.
(D) Upon the recommendation of the Ohio Board of Regents,
the Controlling
Board may approve the transfer of appropriations
for projects requiring
cooperation between institutions from one
institution to another institution
with the approval of both
institutions.
(E) Notwithstanding section 127.14 of the Revised Code, the
Controlling
Board,
upon the recommendation of the Ohio Board of
Regents, may transfer amounts
appropriated to the Ohio Board of
Regents to accounts of state-supported or
state-assisted
institutions created for that same purpose.
Section 19.52. The requirements of Chapters 123. and 153. of
the Revised Code,
with respect
to the powers and duties of the
Director of Administrative Services, and the
requirements of
section 127.16 of the Revised Code, with respect to the
Controlling Board, shall not apply to projects of community
college districts, which include Cuyahoga Community College,
Jefferson Community College, Lakeland Community College, Lorain
County Community College, Rio Grande Community College, and
Sinclair Community College; and technical college districts which
include Belmont Technical College, Central Ohio Technical College,
Hocking Technical College, Lima Technical College, Marion
Technical College, Muskingum Area Technical College, North Central
Technical College, and Stark Technical College.
Section 19.53. Those institutions locally administering
capital improvement
projects pursuant to section 3345.50 of the
Revised Code may:
(A) Establish charges
for recovering costs directly
related
to project administration as defined by
the Director of
Administrative Services. The Department of Administrative
Services shall review and approve these administrative charges
when such
charges are in excess of 1.5 per cent of the total
construction budget.
(B) Seek reimbursement from state capital appropriations to
the institution for the in-house design services performed by the
institution for such capital projects. Acceptable charges shall be
limited to design document preparation work that is done by the
institution. These reimbursable design costs shall be shown as
"A/E fees" within the project's budget that is submitted to the
Controlling Board or the Director of Budget and Management as
part
of a request for release of funds. The reimbursement for
in-house
design shall not exceed seven per cent of the estimated
construction cost.
Section 20.01. All items set forth in this section are hereby
appropriated out
of any moneys in the state treasury to the credit
of the Parks and Recreation
Improvement Fund (Fund 035) that are
not otherwise appropriated.
DNR DEPARTMENT OF NATURAL RESOURCES
CAP-012 |
|
Land Acquisition |
|
$ |
6,800,000 |
CAP-017 |
|
Indian Lake State Park |
|
$ |
125,000 |
CAP-044 |
|
Ohio Zoo Consortium |
|
$ |
1,000,000 |
CAP-045 |
|
Mary Jane Thurston State Park - Marina
& Dock Renovation |
|
$ |
300,000 |
CAP-331 |
|
Park Boating Facilities |
|
$ |
1,829,520 |
CAP-390 |
|
State Park Maintenance/Facility Development - Middle Bass Island |
|
$ |
2,000,000 |
CAP-718 |
|
Grand Lake St Mary's State Park |
|
$ |
250,000 |
CAP-727 |
|
Riverfront Improvements |
|
$ |
450,000 |
CAP-748 |
|
Local Parks Projects |
|
$ |
4,220,000 |
CAP-787 |
|
Scioto Riverfront Improvements |
|
$ |
3,000,000 |
CAP-876 |
|
Statewide Trails Program |
|
$ |
430,000 |
CAP-928 |
|
Statewide Accessibility Improvements |
|
$ |
250,000 |
CAP-931 |
|
Statewide Wastewater/Water Systems Upgrade |
|
$ |
2,000,000 |
Total Department of Natural Resources |
|
$ |
22,654,520 |
TOTAL Parks and Recreation Improvement Fund |
|
$ |
22,654,520 |
Of the foregoing appropriation item CAP-727, Riverfront
Improvements, $100,000 shall be used for the Spencerville Canal
Improvements and $350,000 shall be used for the Rush Creek and
Upper Hocking Project.
SCIOTO RIVERFRONT IMPROVEMENTS
Of the foregoing appropriation item CAP-787, Scioto
Riverfront Improvements, $1,000,000 shall be used for the Spring
and Long Park and $2,000,000 shall be used for the Riverfront
Park.
STATEWIDE TRAILS PROGRAMS
Of the foregoing appropriation item CAP-876, Statewide Trails
Programs, $50,000 shall be used for the Strongsville Trail
Project; $30,000 shall be used for Fairfield Heritage Trails;
$250,000 shall be used for the Ohio to Erie Bike Trail; and
$100,000
shall be used for the Upper Sandusky Bike Path.
All reimbursements received from the federal government for
any expenditures
made pursuant to this section shall be deposited
in the state treasury to the
credit of the Parks and Recreation
Improvement Fund (Fund 035).
Of the foregoing appropriation item CAP-748, Local Parks
Projects, $1,500,000 shall be used for Cleveland Lakefront Park
Improvements; $500,000 shall be used for Colerain Township Park
Improvements; $250,000 shall be used for the Cuyahoga Falls
Riverfront Mall Festival Site; $50,000 shall be used for Smith
Field Park Improvements; $650,000 shall be used for Belmont County
Park Improvements; $50,000 shall be used for St. Clairsville Park
Improvements; $50,000 shall be used for Mt. Orab Park
Improvements; $50,000 shall be used for Sardinia Park
Improvements; $50,000 shall be used for Liberty Township
Playground; $100,000 shall be used for Gallipolis City Park
Improvements; $100,000 shall be used for Lake County Perry
Township Park Improvements; $10,000 shall be used for Russells
Point Park Improvements; $40,000 shall be used for Zanesville Park
Improvements; $30,000 shall be used for New Lexington Park
Improvements; $50,000 shall be used for Somerset Park
Improvements; $20,000 shall be used for Junction City Park
Improvements; $50,000 shall be used for Shelly Park Improvements;
$50,000 shall be used for the Mt. Gilead Headwaters Shelter;
$25,000 shall be used for the Richland County Korean War Memorial;
$350,000 shall be used for Pine Hills Lakes; $200,000 shall be
used for the Goll Woods Nature Preserve; $15,000 shall be used for
Ryan Park Improvements; $15,000 shall be used for Circleville Park
Improvements; $15,000 shall be used for Corning Downtown Park
Improvements.
Section 20.02. The Treasurer of State is hereby authorized
to
issue and sell,
in accordance with Section 2i
of Article VIII,
Ohio
Constitution, and Chapter 154. of the
Revised Code,
particularly section
154.22 of the Revised Code,
original
obligations
in an aggregate principal
amount not to
exceed
$22,000,000, in addition to the original issuance of
obligations
heretofore authorized by prior acts of the General
Assembly. The
authorized obligations shall be issued, subject to
applicable
constitutional and statutory limitations, to pay
the
costs of
capital facilities as defined in section 154.01 of the
Revised
Code.
Section 20.03. (A) No capital improvement appropriations
made in Section 20.01
of this act shall be released for planning
or
for improvement,
renovation, or construction
or acquisition of
capital facilities if a governmental agency, as defined in
section
154.01 of the Revised Code, does not own the real property that
constitutes the capital facilities or on which the capital
facilities are or
will be located. This restriction does not
apply in any of the following
circumstances:
(1) The governmental agency has a long-term (at least
fifteen years) lease
of, or other interest (such as an easement)
in, the real property;
(2) In the case of an appropriation for capital facilities
for parks and
recreation that, because of their unique nature or
location, will be owned or
be part of facilities owned by a
separate nonprofit organization and made
available to the
governmental agency for its use or operated by the nonprofit
organization under contract with the governmental agency, the
nonprofit
organization either owns or has a long-term (at least
fifteen years) lease of
the real property or other capital
facility to be improved, renovated,
constructed, or acquired and
has entered into a joint or cooperative use
agreement, approved by
the Department of Natural Resources, with the
governmental agency
for that agency's use of and right to use the capital
facilities
to be financed and, if applicable, improved, the value of such use
or right to use being, as determined by the parties, reasonably
related to the
amount of the appropriation.
(B) In the case of capital facilities referred to in
division (A)(2) of this
section, the joint or cooperative use
agreement shall include, as a minimum,
provisions that:
(1) Specify the extent and nature of that joint or
cooperative use, extending
for not fewer than fifteen years, with
the value of such use or right to use to
be, as determined by the
parties and approved by the approving department,
reasonably
related to the amount of the appropriation;
(2) Provide for pro rata reimbursement to the state should
the arrangement
for joint or cooperative use by a governmental
agency be terminated; and
(3) Provide that procedures to be followed during the
capital improvement
process will comply with appropriate
applicable state laws and rules,
including provisions of this act.
Section 21.01. All items set forth in this section are hereby
appropriated out of any moneys in the state treasury to the credit
of the Clean Ohio Conservation Fund (Fund 056) that are not
otherwise appropriated.
PWC PUBLIC WORKS COMMISSION
CAP-152 |
|
Clean Ohio Conservation |
|
$ |
37,500,000 |
Total Public Works Commission |
|
$ |
37,500,000 |
TOTAL Clean Ohio Conservation Fund |
|
$ |
37,500,000 |
The foregoing appropriation item CAP-152, Clean Ohio
Conservation, shall be used in accordance with sections 164.20 to
164.27 of the Revised Code. If the Public Works Commission
receives refunds due to project overpayments that are discovered
during the post-project audit, the Director of the Public Works
Commission may certify to the Director of Budget and Management
that refunds have been received. If the Director of Budget and
Management determines that project refunds are available to
support additional appropriations, such amounts are hereby
appropriated.
Section 21.02. The Ohio Public Facilities Commission is
hereby
authorized to issue and sell, in accordance with Section 2o
of
Article VIII, Ohio Constitution, and sections 151.01 and 151.09
of
the Revised Code, original obligations in an aggregate
principal
amount not to exceed $50,000,000, in addition to the
original
issuance of obligations heretofore authorized by prior
acts of the
General Assembly. These authorized obligations shall
be issued,
subject to applicable constitional and statutory
limitations, as
needed to ensure sufficient moneys to the credit
of the Clean Ohio
Conservation Fund (Fund 056), the Clean Ohio
Agricultural Easement
Fund (Fund 057), and the Clean Ohio Trail
Fund (Fund 061) to pay
costs of conservation projects as defined
in sections 151.01 and
151.09 of the Revised Code.
Section 21.03. All items set forth in this section are hereby
appropriated out of any moneys in the state treasury to the credit
of
the Clean Ohio Agricultural Easement Fund (Fund 057) that are
not
otherwise appropriated.
AGR DEPARTMENT OF AGRICULTURE
CAP-047 |
|
Clean Ohio Agricultural Easement |
|
$ |
6,250,000 |
Total Department of Agriculture |
|
$ |
6,250,000 |
TOTAL Clean Ohio Agricultural Easement Fund |
|
$ |
6,250,000 |
Section 21.04. All items set forth in this section are hereby
appropriated out of any moneys in the state treasury to the credit
of the Clean Ohio Trail Fund (Fund 061), that are not otherwise
appropriated.
DNR DEPARTMENT OF NATURAL RESOURCES
CAP-014 |
|
Clean Ohio Trail |
|
$ |
6,250,000 |
Total Department of Natural Resources |
|
$ |
6,250,000 |
TOTAL Clean Ohio Trail Fund |
|
$ |
6,250,000 |
Section 22.01. CERTIFICATION OF RENTAL PAYMENTS
Each request for release of appropriations for
any and
all
capital improvements and capital facilities for which
appropriations are made in this act from the proceeds of
obligations in the Sports Facilities Building Fund (Fund 024),
the
Administrative Building Fund (Fund 026), the Adult Correctional
Building
Fund (Fund 027), the Juvenile Correctional Building Fund
(Fund 028), the Arts
Facilities Building Fund (Fund 030), the
Natural Resources Projects Fund (Fund
031), the School Building
Program Assistance Fund (Fund 032), the Mental
Health Facilities
Improvement Fund (Fund 033), the Higher Education
Improvement Fund
(Fund 034), and the Parks and Recreation Improvements Fund
(Fund
035) shall have the
certification of the Director of Budget and
Management that
sufficient General Revenue Fund moneys are
appropriated for and
will be available for rental payments to the
Ohio Public
Facilities Commission, the Treasurer of State, and the
Ohio Building Authority
in the
then-current fiscal biennium
relating to obligations or portions
of obligations issued or to be
issued in that fiscal biennium to
fund, in the then-current fiscal
biennium, anticipated
expenditures from these funds associated
with the request.
Section 22.02. HIGHWAY SAFETY FUND CERTIFICATION OF RENTAL
PAYMENTS
No money shall be encumbered for any capital improvements and
capital facilities for which appropriations are made in excess of
the cash balances from the proceeds of obligations in the Highway
Safety Building Fund (Fund 025) unless the Director of Budget and
Management certifies that sufficient Highway Safety Fund moneys
are appropriated and available for rental payments to the Ohio
Building Authority for debt service payments by the state in the
then-current fiscal biennium relating to obligations or portions
of obligations issued or to be issued in that fiscal biennium to
fund, in the then-current fiscal biennium, anticipated
expenditures from these funds associated with related
encumbrances.
Section 23.01. CERTIFICATION OF AVAILABILITY OF MONEYS
No moneys that require release may be expended from any
appropriation
contained in this act without
certification of the
Director of Budget and Management that there are
sufficient moneys
in the state treasury in the fund from which the
appropriation is
made. Such certification shall be based on estimates of revenue,
receipts, and
expenses.
Nothing herein shall be construed as a
limitation on
the authority of the
Director of Budget and
Management under section 126.07 of the Revised
Code.
Section 23.02. LIMITATIONS ON CAPITAL APPROPRIATIONS
The appropriations made in this act excluding those made to
the State Capital Improvement Fund (Fund 038) and the State
Capital Improvements Revolving Loan Fund (Fund 040)
for
buildings
or structures, including remodeling and renovations,
are
limited
to:
(A) Acquisition of real property or interest in real
property;
(B) Buildings and structures, which includes construction,
demolition, lighting and lighting fixtures,
and
all necessary
utilities, heating and ventilating, plumbing, sprinkling,
and
sewer systems, when such systems are authorized or necessary;
(C) Architectural, engineering, and professional services
expenses directly related to the projects;
(D) Machinery that is a part of buildings and structures at
the time of
initial acquisition or construction;
(E) Acquisition, development, and deployment of new computer
systems, including the redevelopment or integration of existing
and new computer systems, but excluding regular or ongoing
maintenance or support agreements;
(F) Equipment that meets all the following criteria:
(1) The equipment is essential in bringing the facility up
to its intended use.
(2) The unit cost of the equipment, and not the individual
parts of a unit, is approximately $100 or more.
(3) The equipment has a useful life of five years or more.
(4) The equipment is necessary for the functioning of the
particular facility or project.
No equipment shall be paid for from these appropriations that
is not an integral part
of or
directly related to the basic
purpose or function of a facility or
project for
which moneys are
appropriated. This does not apply to line items for equipment.
Section 23.03. CONTINGENCY RESERVE REQUIREMENT
Any request for release of capital
appropriations by the
Director of Budget and Management or the
Controlling Board of
capital appropriations for projects, the
contracts for which are
awarded by the Department of
Administrative Services, shall
contain a
contingency reserve, the amount of which shall be
determined by
the Department of Administrative Services, for
payment of
unanticipated project expenses. Any amount deducted
from the
encumbrance for a contractor's contract as an assessment
for
liquidated damages shall be added to the encumbrance for the
contingency reserve. Contingency reserve funds shall be used to
pay costs resulting from unanticipated job conditions, to comply
with rulings regarding building and other codes, to pay costs
related to errors or omissions in contract documents, to pay costs
associated with changes in the scope of work, and to pay
the cost
of settlements and judgments related to the project.
Any funds remaining upon completion of a project may, upon
approval of the Controlling Board, be
released for the use of the
institution to which the
appropriation
was made for other capital
facilities
projects.
Section 23.04. AGENCY ADMINISTRATION OF CAPITAL FACILITIES
PROJECTS
Notwithstanding sections 123.01 and 123.15 of
the Revised
Code, the Director of Administrative Services may authorize the
Departments of Mental Health, Mental Retardation and Developmental
Disabilities, Alcohol and Drug Addiction Services, Agriculture,
Job and Family Services,
Rehabilitation and Correction, Youth
Services, Public Safety and
Transportation, the Ohio Veterans'
Home, and the
Rehabilitation
Services Commission to
administer any
capital
facilities projects
the estimated cost of which, including
design
fees, construction,
equipment, and contingency amounts, is
less
than
$1,500,000.
Requests for authorization to administer
capital facilities
projects shall be made in writing to the
Director of
Administrative Services by the applicable state agency
within
sixty days after the effective date of
the act in which
the
General Assembly initially
makes an appropriation for the project.
Upon
the
release of funds for such projects by the Controlling
Board or
the Director of
Budget and Management, the agency may
administer
the capital project or projects for which agency
administration
has
been authorized
without the supervision,
control, or approval
of the Director of
Administrative Services.
The state agency authorized by the Director of
Administrative
Services to administer
capital facilities projects
pursuant to
this section shall comply with the applicable
procedures and
guidelines established in Chapter 153. of the Revised Code.
Section 23.05.
SATISFACTION OF JUDGMENTS AND SETTLEMENTS
AGAINST THE STATE
Except as otherwise provided in this section, an
appropriation in this act or any other act may be used
for the
purpose
of satisfying judgments, settlements, or
administrative
awards
ordered or approved by the Court of Claims
or by any other
court
of competent jurisdiction in connection with
civil actions
against
the state. This authorization does not
apply to
appropriations to
be applied to or used for payment of
guarantees
by or on behalf of
the state, or for payments under lease
agreements relating to or debt service on
bonds, notes, or other
obligations of the state.
Notwithstanding any other
section of law
to the contrary, this
authorization includes
appropriations from
funds into which proceeds or direct obligations of the state are
deposited
only to the extent that
the judgment, settlement, or
administrative award is for or
represents capital costs for which
the appropriation may otherwise
be used and is consistent with the
purpose for which any related
obligations were issued or entered
into. Nothing
contained in this section is
intended to subject
the state
to suit in any forum in which it is
not otherwise
subject to suit,
and it is not intended to waive or
compromise any
defense or right
available to the state in any suit
against it.
Section 23.06. CAPITAL RELEASES BY THE DIRECTOR OF BUDGET AND
MANAGEMENT
Notwithstanding section 126.14 of the Revised
Code,
appropriations
for appropriation items CAP-002, Local Jails,
and
CAP-003, Community-Based
Correctional Facilities,
appropriated
from the Adult Correctional Building Fund (Fund 027)
to the
Department of Rehabilitation and Correction shall be
released upon
the written approval of the Director of Budget and
Management. The
appropriations from the Public School Building
Fund (Fund 021)
and
the School Building Program Assistance Fund (Fund
032) to the
School Facilities Commission, from the Transportation Building
Fund (Fund 029) to the Department of Transportation, from the
Clean Ohio Conservation Fund (Fund 056), the State Capital
Improvement Fund (Fund 038), and the State Capital Improvements
Revolving Loan Fund (Fund 040) to the Public Works Commission,
shall be released upon presentation
of a request to release the
funds, by the agency to which the
appropriation
has been made, to
the Director of Budget and
Management.
Section 23.07. PREVAILING WAGE REQUIREMENT
Except as provided in section 4115.04 of the
Revised Code, no
moneys appropriated or reappropriated by
the
124th General
Assembly shall be used for the construction of
public
improvements, as defined in section 4115.03 of the Revised
Code,
unless the mechanics, laborers, or workers engaged therein
are
paid the prevailing rate of wages as prescribed in section
4115.04
of the Revised Code. Nothing in this section shall
affect
the
wages and salaries established for state employees
under the
provisions of Chapter 124. of the Revised Code, or
collective
bargaining agreements entered into by the state
pursuant to
Chapter 4117. of the Revised Code, while engaged on
force account
work, nor shall this section interfere with the use
of inmate and
patient labor by the state.
Section 23.08. CAPITAL FACILITIES LEASES
Capital facilities for which appropriations
are made from the
Sports Facilities Building Fund (Fund 024),
Administrative
Building Fund
(Fund 026), the
Adult Correctional
Building Fund
(Fund 027), the
Juvenile
Correctional Building Fund
(Fund 028),
and the Arts
Facilities
Building Fund (Fund 030) may
be leased by
the Ohio
Building
Authority to the Departments of
Youth Services,
Administrative Services,
Rehabilitation and
Correction, or the
Arts and Sports Facilities Commission. Other
agreements may be
made by the Ohio Building
Authority and those
departments with
respect to the use or purchase
of such capital
facilities. Subject
to the approval of the
director of the
department or the
commission, the Ohio Building
Authority may
lease such
capital
facilities to, and make other
agreements with
respect to their use
or purchase with, any
governmental agency or
nonprofit corporation
having authority
under law to own, lease, or
operate such capital
facilities.
The
department
or the commission
may sublease such
capital facilities to, and
make other agreements
with respect to
their use or purchase
with, any such governmental
agency or
nonprofit corporation,
which
may include provisions for
transmittal of receipts of that
agency
or nonprofit corporation of
any charges for the use of
such
facilities, all upon such terms
and conditions as the
parties may
agree upon and any other
provision of law affecting
the leasing,
acquisition, or
disposition of capital facilities by
such parties.
Section 23.09. APPROVAL OF EXPENDITURES BY THE DIRECTOR OF
BUDGET AND MANAGEMENT
The Director of Budget and Management shall
review the
initial release of moneys for projects from the funds into which
proceeds of direct obligations of the state are deposited, and
authorize the expenditure or encumberance of moneys from those
funds only after determining to the director's satisfaction that
either of the following apply:
(A) The application
of such moneys to the particular project
will not negatively
affect any exemption or exclusion from federal
income tax of the
interest or interest equivalent on obligations,
issued to provide moneys to the
particular fund.
(B) Moneys for the
project will come from the proceeds of
obligations, the interest on
which is not so excluded or exempt
and
which have been authorized
as
"taxable obligations" by the
issuing
authority.
The
director shall report any nonrelease of moneys
pursuant
to this
section to the Governor, the presiding officer of
each
house of
the General Assembly, and the agency for the use of
which
the
project is intended.
Section 23.10. SCHOOL FACILITIES ENCUMBRANCES AND
REAPPROPRIATION
At the request of the Executive Director of the Ohio School
Facilities Commission, the Director of Budget and Management may
cancel encumbrances for school district projects from a previous
biennium if the district has not raised its local share of project
costs within one year of receiving Controlling Board approval in
accordance with section 3318.05 of the Revised Code. The
Executive
Director of the Ohio School Facilities Commission shall
certify
the amounts of these canceled encumbrances to the Director
of
Budget and Management on a quarterly basis. The amounts of the
canceled encumbrances are hereby appropriated.
Section 23.11. CERTIFICATE OF NEED REQUIREMENT
No appropriation for a health care facility
authorized under
this act may be released until the requirements
of sections
3702.51 to 3702.68 of the Revised Code have been met.
Section 23.12. DISTRIBUTION OF PROCEEDS FROM ASBESTOS
ABATEMENT
LITIGATION
All proceeds received by the state as a result
of litigation,
judgments, settlements, or claims, filed by or on
behalf of any
state agency as defined by section 1.60 of the
Revised Code or
state-supported or state-assisted institution of
higher education,
for damages or costs resulting from the use,
removal, or hazard
abatement of asbestos materials shall be
deposited in the Asbestos
Abatement Distribution Fund (Fund 674). All funds
deposited into
the Asbestos Abatement Distribution Fund are hereby appropriated
to the Attorney General. To the
extent
practicable, the proceeds
placed in the Asbestos Abatement
Distribution Fund shall be
divided among the state agencies and
state-supported or
state-assisted institutions of higher
education
in accordance with
the general provisions of the
litigation
regarding the percentage
of recovery. Distribution
of the
proceeds to each state agency
or state-supported or
state-assisted
institution of higher
education shall be made in
accordance with
the Asbestos Abatement
Distribution Plan to be
developed by the
Attorney General, the
General Services
Division within the
Department of Administrative
Services, and the Office
of Budget
and Management.
In those circumstances where asbestos litigation proceeds
are
for reimbursement of expenditures made with funds outside the
state treasury or damages to buildings not constructed with state
appropriations, direct payments shall be made to the affected
institutions of higher education. Any proceeds received for
reimbursement of expenditures made with funds within the state
treasury or damages to buildings occupied by state agencies shall
be distributed to the affected agencies with an intrastate
transfer voucher to the funds identified in the Asbestos
Abatement
Distribution Plan.
Such proceeds shall be used for additional asbestos
abatement
or encapsulation projects, or for other capital
improvements,
except that proceeds distributed to the General
Revenue Fund and
other funds that are not bond improvement funds
may be used for
any purpose. The Controlling Board may, for bond
improvement
funds, create appropriation items or increase
appropriation
authority in existing appropriation items equaling the amount of
such proceeds. Such amounts approved by the Controlling Board
are
hereby appropriated. Such proceeds deposited in bond
improvement
funds shall not be expended until released by the
Controlling
Board, which shall require certification by the
Director of Budget
and Management that such proceeds are
sufficient and available to
fund the additional anticipated
expenditures.
Section 24.01. OBLIGATIONS ISSUED UNDER ORC CHAPTER 151.
The capital improvements for which appropriations are made in
this act from the Ohio Parks and Natural Resources Fund (Fund
031), the School Building Program Assistance Fund (Fund 032), the
Higher Education Improvement Fund (Fund 034), the Clean Ohio
Conservation Fund (Fund 056), the Clean Ohio Agricultural Easement
Fund (Fund 057), and the Clean Ohio Trail Fund (Fund 061) are
determined to be capital improvements and capital facilities for
natural resources, a statewide system of common schools,
state-supported and state-assisted institutions of higher
education, and conservation purposes (under the Clean Ohio
program) and are designated as capital facilities to which
proceeds of obligations issued under Chapter 151. of the Revised
Code are to be applied.
Section 24.02. OBLIGATIONS ISSUED UNDER ORC CHAPTER 152.
The capital improvements for which
appropriations are made in
this act from the Sports Facilities
Building Fund
(Fund 024), the
Highway Safety Building Fund (Fund
025),
the Administrative
Building Fund (Fund
026), the Adult
Correctional Building Fund
(Fund 027), the
Juvenile Correctional
Building Fund (Fund 028),
the Transportation Building Fund (Fund 029), and the Arts
Facilities
Building Fund (Fund
030) are determined to be capital
improvements and capital facilities
for housing state agencies
and
branches of state government and their functions and
are
designated as capital
facilities to which proceeds of
obligations
issued under Chapter
152. of the Revised Code are to
be applied.
The owners or holders of obligations issued under Chapter
152. of the Revised Code have no right to have excises or taxes
levied by the General Assembly for the payment of interest or
principal thereon.
Section 24.03. OBLIGATIONS ISSUED UNDER ORC CHAPTER 154.
The capital improvements for which appropriations are made in
this act from the Mental Health Facilities Improvement Fund (Fund
033) and the Parks and Recreation Improvement Fund (Fund 035) are
determined to be capital improvements and capital facilities for
mental hygiene and retardation and parks and recreation and are
designated as capital facilities to which proceeds of obligations
issued under Chapter 154. of the Revised Code are to be applied.
The owners or holders of obligations issued under Chapter
154. of the Revised Code have no right to have excises or taxes
levied by the General Assembly for the payment of principal or
interest thereon.
Section 25.01. TRANSFER OF OPEN ENCUMBRANCES
Upon the request of the agency to which a
capital project
appropriation item is appropriated, the Director
of
Budget and
Management may transfer open encumbrance amounts
between
separate
encumbrances for the project appropriation item
to the extent
that
any reductions in encumbrances are agreed to by
the
contracting
vendor and the agency.
Section 26.01. LITIGATION PROCEEDS TO THE ADMINISTRATIVE
BUILDING FUND
Any proceeds received by the State of Ohio
as the
result of
litigation or a settlement agreement related to
any
liability for
the planning, design, engineering, construction,
or
construction
management of such facilities operated by the
Department of
Administrative Services shall be deposited into the Administrative
Building Fund
(Fund 026).
Section 27.01. COAL RESEARCH AND DEVELOPMENT BONDS
The Ohio Public Facilities Commission, upon the request of
the Director of the Ohio Coal Development Office with the advice
of the Technical Advisory Committee created in section 1551.35 of
the Revised Code and the approval of the Director of Development,
is hereby authorized to issue and sell, in accordance with
Section
15 of Article VIII, Ohio Constitution, and Chapter 151., and
particularly sections 151.01 and 151.07 and other
applicable
sections of the Revised Code, bonds or other obligations of the
State of Ohio heretofore authorized by prior acts of the General
Assembly. The obligations shall be issued, subject to applicable
constitutional and statutory limitations, to provide
sufficient
moneys to the credit of the Coal Research and
Development Fund
created in section 1555.15 of the Revised Code
to
pay costs
charged to such fund when due as estimated by the
Director of the
Ohio Coal Development Office.
Section 28.01. OHIO ADMINISTRATIVE KNOWLEDGE SYSTEM PROJECT
The Ohio administrative knowledge system (OAKS) will be an
enterprise resource planning system that will replace the state's
central services infrastructure systems, including the central
accounting system, the human resources/payroll system, the capital
improvements projects tracking system, the fixed assets management
system, and the procurement system. The Department of
Administrative Services, in conjunction with the Office of Budget
and Management, may acquire the system, including, but not limited
to, the enterprise resource planning
software and installation and
implementation thereof pursuant to
Chapter 125. of the Revised
Code. Any lease-purchase arrangement
utilized under Chapter 125.
of the Revised Code shall provide at
the end of the lease period
that OAKS shall become the property of
the state without cost.
Section 29.01. Sections 2.01 to 27.01 of this act shall
remain in
full force and effect commencing on July 1, 2002,
and
terminating on June 30, 2004, for the purpose of drawing money
from the state treasury in payment of liabilities lawfully
incurred hereunder, and on June 30, 2004, and not before, the
moneys hereby appropriated shall lapse into the funds from which
they are severally appropriated. Because if, under Ohio
Constitution, Article II, Section 1c, Sections 2.01 to 27.01 of
this
act do not take effect until after July 1, 2002, Sections
2.01 to
27.01 of this act shall be
and remain in full force and
effect
commencing on that later
effective date.
Section 30.01. That Section 9 of Am. Sub. S.B. 242 of the
124th General Assembly be amended to read as follows:
Sec. 9. BOR BOARD OF REGENTS
Tobacco Master Settlement Agreement Fund Group
M87 |
235-405 |
|
Biomedical Research and Technology Transfer Commission |
|
$ |
25,500,000 |
|
$ |
25,500,000 |
|
|
|
|
|
|
|
|
|
0 |
TOTAL TSF Tobacco Master |
|
|
|
|
|
|
Settlement Agreement Fund |
|
|
|
|
|
|
Group |
|
$ |
25,500,000 |
|
$ |
25,500,000 |
|
|
|
|
|
|
0 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
25,500,000 |
|
$ |
25,500,000 |
|
|
|
|
|
|
0 |
Section 30.02. That existing Section 9 of Am. Sub. S.B. 242
of the 124th General Assembly is hereby repealed.
Section 30.03. All items in this section are hereby
appropriated as designated out of any moneys in the state treasury
to the credit of the designated fund. For all appropriations made
in this act, those in the first column are for fiscal year 2003
and those in the second column are for fiscal year 2004.
DEV DEPARTMENT OF DEVELOPMENT
Tobacco Master Settlement Agreement Fund Group |
|
|
|
M87 |
195-435 |
|
Biomedical Research and Technology Transfer Trust Fund |
|
$ |
0 |
|
$ |
25,500,000 |
TOTAL TSF Tobacco Master Settlement Agreement Fund Group |
|
$ |
0 |
|
$ |
25,500,000 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
0 |
|
$ |
25,500,000 |
BIOMEDICAL RESEARCH AND TECHNOLOGY TRANSFER TRUST FUND
On July 1, 2003, or the earliest date thereafter permitted by
law, the Biomedical Research and Technology Transfer Trust Fund
(Fund M87) shall be transferred from the Board of Regents to the
Department of Development. At the request of the Board of Regents,
the Director of Budget and Management may cancel encumbrances in
the fund from Board of Regents appropriation item 235-405,
Biomedical Research and Technology Transfer Commission, and
reestablish such encumbrances or parts of encumbrances in fiscal
year 2004 for the same purpose and to the same vendor in
Department of Development appropriation item 195-435, Biomedical
Research and Technology Transfer Trust Fund. The Director of
Budget and
Management shall reduce the appropriation balances in
fiscal year
2003 by the amount of the encumbrances canceled in the
Fund. As
determined by the Director of Budget and Management, the
appropriation authority necessary to reestablish such encumbrances
or parts of encumbrances in fiscal year 2004 for the Department of
Development is hereby appropriated.
The foregoing appropriation item 195-435, Biomedical Research
and Technology Transfer Trust Fund, shall be used by the
Department of Development to support the duties and
responsibilities of the Third Frontier Commission that are related
to biomedical research and technology as required under sections
184.01 and 184.02 of the Revised Code and in harmony with the
intention of the General Assembly for the use of tobacco master
settlement payments for biomedical research and technology.
Section 30.04. On July 1, 2003, the Biomedical Research and
Technology Transfer Commission is abolished and all of its
functions are transferred to the Third Frontier Commission. The
Third Frontier Commission is thereupon and thereafter successor
to, assumes the obligations of, and otherwise constitutes the
continuation of the Biomedical Research and Technology Transfer
Commission.
Any business commenced but not completed by the Biomedical
Research and Technology Transfer Commission on July 1, 2003, shall
be completed by the Third Frontier Commission in the same manner,
and with the same effect, as if completed by the Biomedical
Research and Technology Transfer Commission. No validation, cure,
right, privilege, remedy, obligation, or liability is lost or
impaired by reason of the transfer of functions required by this
section but shall be administered by the Third Frontier
Commission. All of the Biomedical Research and Technology Transfer
Commission's rules, orders, and determinations continue in effect
as rules, orders, and determinations of the Third Frontier
Commission until modified or rescinded by the Third Frontier
Commission. If necessary to ensure the integrity of the numbering
of the Administrative Code, the Director of the Legislative
Service Commission shall renumber the Biomedical Research and
Technology Transfer Commission's rules as appropriate to reflect
their transfer to the Third Frontier Commission.
All employees of the Biomedical Research and Technology
Transfer Commission are transferred to the Third Frontier
Commission.
Wherever the Biomedical Research and Technology Transfer
Commission is referred to in any law, contract, or other document
relating to the transferred functions, the reference shall be
deemed to refer to the Third Frontier Commission.
No action or proceeding pending on July 1, 2003, is affected
by the transfer. Such actions and proceedings shall be prosecuted
or defended in the name of the Third Frontier Commission. The
Third Frontier Commission shall be substituted as a party upon
application to the court or other appropriate tribunal.
Section 30.05. Sections 30.01 to 30.05 of this act are not
subject
to the referendum. Therefore, under Ohio Constitution,
Article
II, Section 1d and section 1.471 of the Revised Code, the
sections
go into immediate effect when this act becomes law.
Section 31.01. Section 25 of Am. Sub. S.B. 261 of the 124th
General Assembly is hereby repealed.
Section 32.01. Notwithstanding the requirement under
division
(B) of section 5709.40 of the Revised Code for an
ordinance to
designate specific public improvements made, to be
made, or in the
process of being made by the municipal corporation
that directly
benefit one or more parcels identified in the
ordinance, not later
than June 30, 2003, the legislative authority
of an impacted city,
as defined in section 1728.01 of the Revised
Code, may include a
determination in an ordinance adopted under
section 5709.40 of the
Revised Code that satisfactory provision
has been made for the
public improvement needs of the parcels
identified in the
ordinance and may specify other public
improvements made, to be
made, or in the process of being made in
the city that do not
directly benefit the parcel identified in the
ordinance but are in
support of urban redevelopment within the
meaning of section
5709.41 of the Revised Code.
Section 32.02. Section 32.01 of this act is hereby repealed
on
July 1, 2003.
Section 33.01. (A) The Governor is hereby authorized to
execute
a deed in the name of the state conveying to a purchaser
and the
purchaser's successors and assigns or heirs and assigns,
all of
the state's right, title, and interest in the following
described
real estate:
Situated in the City of Cincinnati, County of Hamilton, and
State of Ohio, to-wit:
Beginning at the Southeast corner of Lafayette Avenue and
Middleton Avenue, Clifton and running thence Southwardly along the
East line of Middleton Avenue, Two Hundred and Sixty-eight and
Fifty-three hundredths (268.53) feet to a point in said East line
of Middleton Avenue; thence Eastwardly at right angles to
Middleton Avenue Two Hundred and One and Ninety-seven Hundredths
(201.97) feet to a point in the East line of the property conveyed
to Thomas Sherlock, Sr. by Horace B. Chaflin and wife by deed duly
recorded in Deed Book No. 417, Page 192; thence Northwardly along
the East line of said property conveyed by said Horace B. Chaflin
and wife to Thomas Sherlock, Sr. Three Hundred and Fifty-two and
Thirty Hundredths (352.30) feet to the South line of Lafayette
Avenue, said point being the Northeast corner of said property
conveyed by Horace B. Chaflin and wife to Thomas Sherlock, Sr.;
thence Westwardly Two Hundred and Seventeen and Forty-seven
Hundredths (217.47) feet along the South line of Lafayette Avenue
to the place of beginning, said premises being a part of Lot No.
Five (5) on the plat of Subdivision of the Clifton Farm, made by
the Lafayette Bank of Cincinnati.
(B) The Board of Trustees of the University of Cincinnati
shall have the real estate described in division (A) of this
section appraised by two disinterested persons.
(C) Consideration for the real estate described in division
(A) of this section shall be a purchase price acceptable to the
Board of Trustees of the University of Cincinnati.
(D) The purchaser shall pay the costs of the conveyance
of
the real estate described in division (A) of this section.
(E) Upon the purchaser's payment of the purchase price for
the real estate described in division (A) of this section and the
request of the Board of Trustees of the University of Cincinnati,
the Auditor of State, with the assistance of the Attorney General,
shall prepare a deed to the real estate. The deed shall state the
consideration. The deed shall be executed by the Governor in the
name of the state, countersigned by the Secretary of State, sealed
with the Great Seal of the State, presented in the Office of the
Auditor of State for recording, and delivered to the purchaser.
The purchaser shall present the deed for recording in the Office
of the Hamilton County Recorder.
(F) The net proceeds of the sale of the real estate
described in division (A) of this section shall be deposited in
the University of Cincinnati Endowment Fund (William Gray
Endowment Fund).
(G) This section expires one year after its effective date.
Section 33.02. (A) The Governor is hereby authorized to
execute a deed in the name of the state conveying to the East
Liverpool Young Men's Christian Association and its successors and
assigns all of the state's right, title, and interest in the
following described real estate:
Situated in the City of East Liverpool, County of Columbiana
and State of Ohio and known as being 75% of permanent parcel
number 3750128.
Being .86 acres, more or less, but subject to all legal
highways.
(B) Consideration for the conveyance of the real estate
described
in division (A) of this section is the conveyance from
the East
Liverpool Young Men's Christian Association to the state
and its
successors and assigns of the following described real
estate or
other real estate that is of similar value and size, is
contiguous
to the East Liverpool campus of the Kent State
University, and is
acceptable to the Kent State University:
Situated in the City of East Liverpool, County of Columbiana
and State of Ohio and known as being permanent parcel numbers
3750196, 3706020, and 3709497.
Being .86 acres, more or less, but subject to all legal
highways.
(C) The state shall pay the costs of the conveyances
described in divisions (A) and (B) of this section.
(D) The real estate described or referred to in division (B)
of this section that is conveyed to the state shall be for the use
and benefit of the Kent State University.
(E) Upon the conveyance to the state of the real estate
described or referred to in division (B) of this section, the
Auditor of State, with the assistance of the Attorney General,
shall prepare a deed to the real estate described in division (A)
of this section. The deed shall state the consideration. The deed
shall be executed by the Governor in the name of the state,
countersigned by the Secretary of State, sealed with the Great
Seal of the State, presented in the Office of the Auditor of State
for recording, and delivered to the East Liverpool Young Men's
Christian Association. The East Liverpool Young Men's Christian
Association shall present the deed for recording in the Office of
the Columbiana County Recorder.
(E) This section expires one year after its effective
date.
Section 33.03. (A) The payment schedule set forth in division
(B) of Section 9 of Am. Sub. S.B. 164 of the 124th General
Assembly, for conveyance of the real estate described in division
(A) of that section, shall be modified in accordance with this
section.
Whereas payments totaling $195,000 have been made by the
Hamilton County Alcohol and Drug Addiction Services Board (the
"grantee") as of June 30, 2002, the amount remaining to be paid,
$405,000, shall be paid by the grantee as follows:
STATE FISCAL |
PAYMENT |
YEAR OF PAYMENT |
AMOUNT |
FY 2003 |
$40,500 |
FY 2004 |
$40,500 |
FY 2005 |
$40,500 |
FY 2006 |
$40,500 |
FY 2007 |
$40,500 |
FY 2008 |
$40,500 |
FY 2009 |
$40,500 |
FY 2010 |
$40,500 |
FY 2011 |
$40,500 |
FY 2012 |
$40,500 |
(B) The Offer to Purchase executed by the state and the
grantee with respect to the real estate shall be amended to
reflect the payment schedule set forth in division (A) of this
section.
Section 34.01. (A)(1) Except as otherwise provided in
division
(A)(2) of this section, the amendment or enactment by
this act of
sections 5733.401, 5747.01, 5747.011, 5747.012,
5747.02, or
5747.231 of the Revised Code apply to taxable years
ending on
or after the effective date of this section.
(2) For taxable years beginning in 2002 and ending before
the effective date of this section, each trust shall be rebuttably
presumed to have made an election to apply such amendments or
enactments to the trust's taxable year beginning in 2002. Each
trust can rebut this presumption by notifying the Tax Commissioner
in writing, before June 1, 2003, that the trust is not making the
presumed election. A trust so notifying the Tax Commissioner may
not thereafter make an election to apply such amendments and
enactments in this act to the trust's taxable year beginning in
2002. The presumed election becomes an irrevocable election for
each trust that, before June 1, 2003, does not notify the tax
commissioner in writing that the trust is not making the presumed
election.
(B) This section is not subject to the referendum. Therefore,
under Ohio Constitution, Article II, Section 1d and section 1.471
of the Revised Code, this section goes into immediate effect when
this act becomes law.
Section 35.01. Sections 1711.11, 1711.53, 2113.031, 4117.01,
4117.14, 5731.21, 5733.021, 5733.26, 5733.40, 5733.401, 5747.01,
and 5747.02 of the Revised
Code, as amended by this act; section
5747.231 of the Revised
Code, as repealed and reenacted by this
act; and sections 5747.011
and 5747.012 of the Revised Code, as
enacted by this act, are not
subject to the referendum.
Therefore,
under Ohio Constitution,
Article II, Section 1d and
section 1.471
of the Revised Code,
sections 1711.11, 1711.53,
2113.031, 4117.01,
4117.14, 5731.21,
5733.021, 5733.26, 5733.40,
5733.401, 5747.01,
and 5747.02 of the
Revised Code, as amended by
this act; section
5747.231 of the
Revised Code, as repealed and
reenacted by this
act; and sections
5747.011 and 5747.012 of the
Revised Code, as
enacted by this act,
go into immediate effect
when this act
becomes law.
Section 35.02. Sections 102.02, 183.021, 183.19, 183.30,
184.01, 184.02, and 184.03 of the Revised Code, as amended or
enacted by this act, shall take effect July 1, 2003.
Section 35.03. Section 5739.031 of the Revised Code takes
effect July 1, 2003.
Section 36.01. Section 109.71 of the Revised Code is
presented
in this act
as a composite of the section as amended by
both
Am.
Sub. H.B. 163 and Am. S.B. 137 of the 123rd General
Assembly. The
General Assembly, applying the
principle stated in
division (B) of
section 1.52 of the Revised
Code that amendments
are to be
harmonized if reasonably capable of
simultaneous
operation, finds
that the composite is the resulting
version of
the section in
effect prior to the effective date of
the section
as presented in
this act.
Section 36.02. Section 109.77 of the Revised Code is
presented
in this act
as a composite of the section as amended by
Sub. H.B.
148, Am. Sub. H.B. 163,
and Am. S.B. 137 of the 123rd
General
Assembly. The General Assembly, applying the
principle
stated in
division (B) of section 1.52 of the Revised
Code that
amendments
are to be harmonized if reasonably capable of
simultaneous
operation, finds that the composite is the resulting
version of
the section in effect prior to the effective date of
the section
as presented in this act.
Section 36.03. Section 151.01 of the Revised Code is
presented in
this act as a composite of the section as amended by
both Sub. H.B. 385 and Am. Sub. H.B. 524 of
the 124th General
Assembly. The General Assembly, applying the
principle stated in
division (B) of section 1.52 of the Revised
Code that amendments
are to be harmonized if reasonably capable of
simultaneous
operation, finds that the composite is the resulting
version of
the section in effect prior to the effective date of
the section
as presented in this act.
Section 36.04. Section 2935.01 of the Revised Code is
presented in
this act as a composite of the section as amended by
both Sub. H.B. 427 and Sub. S.B. 200 of
the 124th General
Assembly. The General Assembly, applying the
principle stated in
division (B) of section 1.52 of the Revised
Code that amendments
are to be harmonized if reasonably capable of
simultaneous
operation, finds that the composite is the resulting
version of
the section in effect prior to the effective date of
the section
as presented in this act.
Section 36.05. Section 4117.01 of the Revised Code is
presented in
this act as a composite of the section as amended by
both Am. Sub. S.B. 130 and Am. Sub. S.B. 229 of the 122nd
the
General Assembly. The General Assembly, applying the
principle
stated in division (B) of section 1.52 of the Revised
Code that
amendments are to be harmonized if reasonably capable of
simultaneous operation, finds that the composite is the resulting
version of the section in effect prior to the effective date of
the section as presented in this act.
Section 36.06. Section 5739.026 of the Revised Code is
presented in
this act as a composite of the section as amended by
both Am. Sub. S.B. 143 and Sub. S.B. 200 of
the 124th General
Assembly. The General Assembly, applying the
principle stated in
division (B) of section 1.52 of the Revised
Code that amendments
are to be harmonized if reasonably capable of
simultaneous
operation, finds that the composite is the resulting
version of
the section in effect prior to the effective date of
the section
as presented in this act.
Section 36.07. Section 5739.033 of the Revised
Code is
presented in this act as a composite of the section
as
amended by
both Am. Sub. S.B. 143 and Sub. S.B. 200 of
the
124th
General
Assembly. The General Assembly, applying the
principle
stated in
division (B) of section 1.52 of the Revised
Code that
amendments
are to be harmonized if reasonably capable of
simultaneous
operation, finds that the composite is the resulting
version of
the section in effect prior to the effective date of
the section
as presented in this act.
Section 36.08. Section 5902.02 of the Revised Code is
presented
in this act
as a composite of the section as amended by
both
H.B.
471 and Am. Sub. S.B. 120 of the 123rd General Assembly.
The
General Assembly, applying the
principle stated in division
(B) of
section 1.52 of the Revised
Code that amendments are to be
harmonized if reasonably capable of
simultaneous operation, finds
that the composite is the resulting
version of the section in
effect prior to the effective date of
the section as presented in
this act.
Section 37.01. If any item of law that constitutes the whole
or
part of a codified or uncodified section of law contained in
this
act, or if any application of any item of law that
constitutes the
whole or part of a codified or uncodified section
of law contained
in this act, is held invalid, the invalidity does
not affect other
items of law or applications of items of law that
can be given
effect without the invalid item of law or
application. To this
end, the items of law of which the codified
and uncodified
sections contained in this act are composed, and
their
applications, are independent and severable.