To amend sections 9.24, 102.02, 123.01, 123.10, 124.15, 124.152, 124.181, 124.183, 124.382, 126.32, 152.09, 175.21, 1503.05, 3311.059, 3327.01, 3334.01, 3383.09, 3701.881, 3712.09, 3734.02, 3734.18, 3734.57, 3769.021, 3769.087, 3770.07, 3781.19, 4701.03, 4707.05, 4723.431, 4758.20, 4758.40, 4758.41, 4758.42, 4758.55, 4758.56, 4758.57, 4758.58, 4758.59, 4758.61, 5101.27, 5110.35, 5111.022, 5111.87, 5119.18, 5123.352, 5731.47, 5731.48, and 6301.03 and to repeal sections 152.101 and 901.85 of the Revised Code and to amend Section 11.04 of Am. Sub. H.B. 87 of the 125th General Assembly, as subsequently amended; to amend Sections 8.04, 12, 38.12, 41.06, 41.13, 55, 59, 59.29, 66, 89, 89.04, 89.05, 89.08, 89.11, and 145 of Am. Sub. H.B. 95 of the 125th General Assembly; and to amend Section 41.33 of Am. Sub. H.B. 95 of the 125th General Assembly to make capital reappropriations for the biennium ending June 30, 2006, to make certain supplemental and capital appropriations, and to provide authorization and conditions for the operation of state programs.
SECTION 1. That sections 9.24, 102.02, 123.01, 123.10, 124.15, 124.152, 124.181, 124.183, 124.382, 126.32, 152.09, 175.21, 1503.05, 3311.059, 3327.01, 3334.01, 3383.09, 3701.881, 3712.09, 3734.02, 3734.18, 3734.57, 3769.021, 3769.087, 3770.07, 3781.19, 4701.03, 4707.05, 4723.431, 4758.20, 4758.40, 4758.41, 4758.42, 4758.55, 4758.56, 4758.57, 4758.58, 4758.59, 4758.61, 5101.27, 5110.35, 5111.022, 5111.87, 5119.18, 5123.352, 5731.47, 5731.48, and 6301.03 of the Revised Code be amended to read as follows:
Sec. 9.24. (A) No Except as may be allowed under division (F) of this section, no state agency and no political subdivision shall award a contract as described in division (G)(1) of this section for goods, services, or construction, paid for in whole or in part with state funds, to a person against whom a finding for recovery has been issued by the auditor of state on and after January 1, 2001, if the finding for recovery is unresolved.
A contract is considered to be awarded when it is entered into or executed, irrespective of whether the parties to the contract have exchanged any money.
(B) For purposes of this section, a finding for recovery is unresolved unless one of the following criteria applies:
(1) The money identified in the finding for recovery is paid in full to the state agency or political subdivision to whom the money was owed;
(2) The debtor has entered into a repayment plan that is approved by the attorney general and the state agency or political subdivision to whom the money identified in the finding for recovery is owed. A repayment plan may include a provision permitting a state agency or political subdivision to withhold payment to a debtor for goods, services, or construction provided to or for the state agency or political subdivision pursuant to a contract that is entered into with the debtor after the date the finding for recovery was issued.
(3) The attorney general waives a repayment plan described in division (B)(2) of this section for good cause;
(4) The debtor and state agency or political subdivision to whom the money identified in the finding for recovery is owed have agreed to a payment plan established through an enforceable settlement agreement.
(5) The state agency or political subdivision desiring to enter into a contract with a debtor certifies, and the attorney general concurs, that all of the following are true:
(a) Essential services the state agency or political subdivision is seeking to obtain from the debtor cannot be provided by any other person besides the debtor;
(b) Awarding a contract to the debtor for the essential services described in division (B)(5)(a) of this section is in the best interest of the state;
(c) Good faith efforts have been made to collect the money identified in the finding of recovery.
(6) The debtor has commenced an action to contest the finding for recovery and a final determination on the action has not yet been reached.
(C) The attorney general shall submit an initial report to the auditor of state, not later than December 1, 2003, indicating the status of collection for all findings for recovery issued by the auditor of state for calendar years 2001, 2002, and 2003. Beginning on January 1, 2004, the attorney general shall submit to the auditor of state, on the first day of every January, April, July, and October, a list of all findings for recovery that have been resolved in accordance with division (B) of this section during the calendar quarter preceding the submission of the list and a description of the means of resolution. The attorney general shall notify the auditor of state when a judgment is issued against an entity described in division (F)(1) of this section.
(D) The auditor of state shall maintain a database, accessible to the public, listing persons against whom an unresolved finding for recovery has been issued, and the amount of the money identified in the unresolved finding for recovery. The auditor of state shall have this database operational on or before January 1, 2004. The initial database shall contain the information required under this division for calendar years 2001, 2002, and 2003.
Beginning January 15, 2004, the auditor of state shall update the database by the fifteenth day of every January, April, July, and October to reflect resolved findings for recovery that are reported to the auditor of state by the attorney general on the first day of the same month pursuant to division (C) of this section.
(E) Before awarding a contract as described in division (G)(1) of this section for goods, services, or construction, paid for in whole or in part with state funds, a state agency or political subdivision shall verify that the person to whom the state agency or political subdivision plans to award the contract has no unresolved finding for recovery issued against the person. A state agency or political subdivision shall verify that the person does not appear in the database described in division (D) of this section or shall obtain other proof that the person has no unresolved finding for recovery issued against the person.
(F) The prohibition of division (A) of this section and the requirement of division (E) of this section do not apply with respect to the companies or agreements described in divisions (F)(1) and (2) of this section, or in the circumstance described in division (F)(3) of this section.
(1) A bonding company or a company authorized to transact the business of insurance in this state, a self-insurance pool, joint self-insurance pool, risk management program, or joint risk management program, unless a court has entered a final judgment against the company and the company has not yet satisfied the final judgment.
(2) To medicaid provider agreements under Chapter 5111. of the Revised Code or payments or provider agreements under disability assistance medical assistance established under Chapter 5115. of the Revised Code.
(3) When federal law dictates that a specified entity provide the goods, services, or construction for which a contract is being awarded, regardless of whether that entity would otherwise be prohibited from entering into the contract pursuant to this section.
(G)(1) This section applies only to contracts for goods, services, or construction that satisfy the criteria in either division (G)(1)(a) or (b) of this division. This section may apply to contracts for goods, services, or construction that satisfy the criteria in division (G)(1)(c), provided that the contracts also satisfy the criteria in either division (G)(1)(a) or (b) of this division.
(a) The cost for the goods, services, or construction provided under the contract is estimated to exceed twenty-five thousand dollars.
(b) The aggregate cost for the goods, services, or construction provided under multiple contracts entered into by the particular state agency and a single person or the particular political subdivision and a single person within the fiscal year preceding the fiscal year within which a contract is being entered into by that same state agency and the same single person or the same political subdivision and the same single person, exceeded fifty thousand dollars.
(c) The contract is a renewal of a contract previously entered into and renewed pursuant to that preceding contract.
(2) This section does not apply to employment contracts.
(H) As used in this section:
(1) "State agency" has the same meaning as in section 9.66 of the Revised Code.
(2) "Political subdivision" means a political subdivision as defined in section 9.82 of the Revised Code that has received more than fifty thousand dollars of state money in the current fiscal year or the preceding fiscal year.
(3) "Finding for recovery" means a determination issued by the auditor of state, contained in a report the auditor of state gives to the attorney general pursuant to section 117.28 of the Revised Code, that public money has been illegally expended, public money has been collected but not been accounted for, public money is due but has not been collected, or public property has been converted or misappropriated.
(3)(4) "Debtor" means a person against whom a finding for recovery has been issued.
(5) "Person" means the person named in the finding for recovery.
(6) "State money" does not include funds the state receives from another source and passes through to a political subdivision.
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
that is 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, and 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;
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, 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 forty dollars.
(2) The statement required by division (A) of this section shall be accompanied by the following 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 the | |||
state board of education | $65 | ||
For office of | |||
| $40 | ||
For county office | $40 | ||
For city office | $25 | ||
For office of member of the state board | |||
of education | $25 | ||
For office of member of a city, local, | |||
exempted village, or cooperative | |||
education board of | |||
education or educational service | |||
center governing board | $20 | ||
For position of business manager, | |||
treasurer, or superintendent of a | |||
city, local, exempted village, joint | |||
vocational, or cooperative education | |||
school district or | |||
educational service center | $20 |
(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 of ten dollars for each day the statement is not filed, except that the total amount of the late filing fee shall not exceed two hundred fifty 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. 123.01. (A) The department of administrative
services, in addition to those powers enumerated in Chapters 124.
and 125. of the Revised Code, and as provided elsewhere by law,
shall exercise the following powers:
(1) To prepare, or contract to be prepared, by licensed engineers or architects, surveys, general and detailed plans, specifications, bills of materials, and estimates of cost for any projects, improvements, or public buildings to be constructed by state agencies that may be authorized by legislative appropriations or any other funds made available therefor, provided that the construction of the projects, improvements, or public buildings is a statutory duty of the department. This section does not require the independent employment of an architect or engineer as provided by section 153.01 of the Revised Code in the cases to which that section applies nor affect or alter the existing powers of the director of transportation.
(2) To have general supervision over the construction of any projects, improvements, or public buildings constructed for a state agency and over the inspection of materials previous to their incorporation into those projects, improvements, or buildings;
(3) To make contracts for and supervise the construction of any projects and improvements or the construction and repair of buildings under the control of a state agency, except contracts for the repair of buildings under the management and control of the departments of public safety, job and family services, mental health, mental retardation and developmental disabilities, rehabilitation and correction, and youth services, the bureau of workers' compensation, the rehabilitation services commission, and boards of trustees of educational and benevolent institutions. These contracts shall be made and entered into by the directors of public safety, job and family services, mental health, mental retardation and developmental disabilities, rehabilitation and correction, and youth services, the administrator of workers' compensation, the rehabilitation services commission, and the boards of trustees of such institutions, respectively. All such contracts may be in whole or in part on unit price basis of maximum estimated cost, with payment computed and made upon actual quantities or units.
(4) To prepare and suggest comprehensive plans for the development of grounds and buildings under the control of a state agency;
(5) To acquire, by purchase, gift, devise, lease, or grant, all real estate required by a state agency, in the exercise of which power the department may exercise the power of eminent domain, in the manner provided by sections 163.01 to 163.22 of the Revised Code;
(6) To make and provide all plans, specifications, and models for the construction and perfection of all systems of sewerage, drainage, and plumbing for the state in connection with buildings and grounds under the control of a state agency;
(7) To erect, supervise, and maintain all public monuments and memorials erected by the state, except where the supervision and maintenance is otherwise provided by law;
(8) To procure, by lease, storage accommodations for a state agency;
(9) To lease or grant easements or licenses for unproductive and unused lands or other property under the control of a state agency. Such leases, easements, or licenses shall be granted for a period not to exceed fifteen years and shall be executed for the state by the director of administrative services and the governor and shall be approved as to form by the attorney general, provided that leases, easements, or licenses may be granted to any county, township, municipal corporation, port authority, water or sewer district, school district, library district, health district, park district, soil and water conservation district, conservancy district, or other political subdivision or taxing district, or any agency of the United States government, for the exclusive use of that agency, political subdivision, or taxing district, without any right of sublease or assignment, for a period not to exceed fifteen years, and provided that the director shall grant leases, easements, or licenses of university land for periods not to exceed twenty-five years for purposes approved by the respective university's board of trustees wherein the uses are compatible with the uses and needs of the university and may grant leases of university land for periods not to exceed forty years for purposes approved by the respective university's board of trustees pursuant to section 123.77 of the Revised Code.
(10) To lease office space in buildings for the use of a state agency;
(11) To have general supervision and care of the storerooms, offices, and buildings leased for the use of a state agency;
(12) To exercise general custodial care of all real property of the state;
(13) To assign and group together state offices in any city in the state and to establish, in cooperation with the state agencies involved, rules governing space requirements for office or storage use;
(14) To lease for a period not to exceed forty years, pursuant to a contract providing for the construction thereof under a lease-purchase plan, buildings, structures, and other improvements for any public purpose, and, in conjunction therewith, to grant leases, easements, or licenses for lands under the control of a state agency for a period not to exceed forty years. The lease-purchase plan shall provide that at the end of the lease period, the buildings, structures, and related improvements, together with the land on which they are situated, shall become the property of the state without cost.
(a) Whenever any building, structure, or other improvement is to be so leased by a state agency, the department shall retain either basic plans, specifications, bills of materials, and estimates of cost with sufficient detail to afford bidders all needed information or, alternatively, all of the following plans, details, bills of materials, and specifications:
(i) Full and accurate plans suitable for the use of mechanics and other builders in the improvement;
(ii) Details to scale and full sized, so drawn and represented as to be easily understood;
(iii) Accurate bills showing the exact quantity of different kinds of material necessary to the construction;
(iv) Definite and complete specifications of the work to be performed, together with such directions as will enable a competent mechanic or other builder to carry them out and afford bidders all needed information;
(v) A full and accurate estimate of each item of expense and of the aggregate cost thereof.
(b) The department shall give public notice, in such newspaper, in such form, and with such phraseology as the director of administrative services prescribes, published once each week for four consecutive weeks, of the time when and place where bids will be received for entering into an agreement to lease to a state agency a building, structure, or other improvement. The last publication shall be at least eight days preceding the day for opening the bids. The bids shall contain the terms upon which the builder would propose to lease the building, structure, or other improvement to the state agency. The form of the bid approved by the department shall be used, and a bid is invalid and shall not be considered unless that form is used without change, alteration, or addition. Before submitting bids pursuant to this section, any builder shall comply with Chapter 153. of the Revised Code.
(c) On the day and at the place named for receiving bids for entering into lease agreements with a state agency, the director of administrative services shall open the bids and shall publicly proceed immediately to tabulate the bids upon duplicate sheets. No lease agreement shall be entered into until the bureau of workers' compensation has certified that the person to be awarded the lease agreement has complied with Chapter 4123. of the Revised Code, until, if the builder submitting the lowest and best bid is a foreign corporation, the secretary of state has certified that the corporation is authorized to do business in this state, until, if the builder submitting the lowest and best bid is a person nonresident of this state, the person has filed with the secretary of state a power of attorney designating the secretary of state as its agent for the purpose of accepting service of summons in any action brought under Chapter 4123. of the Revised Code, and until the agreement is submitted to the attorney general and the attorney general's approval is certified thereon. Within thirty days after the day on which the bids are received, the department shall investigate the bids received and shall determine that the bureau and the secretary of state have made the certifications required by this section of the builder who has submitted the lowest and best bid. Within ten days of the completion of the investigation of the bids, the department shall award the lease agreement to the builder who has submitted the lowest and best bid and who has been certified by the bureau and secretary of state as required by this section. If bidding for the lease agreement has been conducted upon the basis of basic plans, specifications, bills of materials, and estimates of costs, upon the award to the builder the department, or the builder with the approval of the department, shall appoint an architect or engineer licensed in this state to prepare such further detailed plans, specifications, and bills of materials as are required to construct the building, structure, or improvement. The department shall adopt such rules as are necessary to give effect to this section. The department may reject any bid. Where there is reason to believe there is collusion or combination among bidders, the bids of those concerned therein shall be rejected.
(15) To acquire by purchase, gift, devise, or grant and to transfer, lease, or otherwise dispose of all real property required to assist in the development of a conversion facility as defined in section 5709.30 of the Revised Code as that section existed before its repeal by H.B. 95 of the 125th general assembly;
(16) To lease for a period not to exceed forty years, notwithstanding any other division of this section, the state-owned property located at 408-450 East Town Street, Columbus, Ohio, formerly the state school for the deaf, to a developer in accordance with this section. "Developer," as used in this section, has the same meaning as in section 123.77 of the Revised Code.
Such a lease shall be for the purpose of development of the land for use by senior citizens by constructing, altering, renovating, repairing, expanding, and improving the site as it existed on June 25, 1982. A developer desiring to lease the land shall prepare for submission to the department a plan for development. Plans shall include provisions for roads, sewers, water lines, waste disposal, water supply, and similar matters to meet the requirements of state and local laws. The plans shall also include provision for protection of the property by insurance or otherwise, and plans for financing the development, and shall set forth details of the developer's financial responsibility.
The department may employ, as employees or consultants, persons needed to assist in reviewing the development plans. Those persons may include attorneys, financial experts, engineers, and other necessary experts. The department shall review the development plans and may enter into a lease if it finds all of the following:
(a) The best interests of the state will be promoted by entering into a lease with the developer;
(b) The development plans are satisfactory;
(c) The developer has established the developer's financial responsibility and satisfactory plans for financing the development.
The lease shall contain a provision that construction or renovation of the buildings, roads, structures, and other necessary facilities shall begin within one year after the date of the lease and shall proceed according to a schedule agreed to between the department and the developer or the lease will be terminated. The lease shall contain such conditions and stipulations as the director considers necessary to preserve the best interest of the state. Moneys received by the state pursuant to this lease shall be paid into the general revenue fund. The lease shall provide that at the end of the lease period the buildings, structures, and related improvements shall become the property of the state without cost.
(17) To lease to any person any tract of land owned by the state and under the control of the department, or any part of such a tract, for the purpose of drilling for or the pooling of oil or gas. Such a lease shall be granted for a period not exceeding forty years, with the full power to contract for, determine the conditions governing, and specify the amount the state shall receive for the purposes specified in the lease, and shall be prepared as in other cases.
(18) Biennially implement To manage the use of space owned and controlled by the department, including space in property under the jurisdiction of the Ohio building authority, by doing all of the following:
(a) Biennially implementing, by state agency location, a census of agency employees assigned space;
(19) Require (b) Periodically in the discretion of the director of administrative services:
(i) Requiring each state agency to categorize periodically the use of space allotted to the agency between office space, common areas, storage space, and other uses, and to report its findings to the department;
(20) Create (ii) Creating and update periodically updating a master space utilization plan for all space allotted to state agencies. The plan shall incorporate space utilization metrics.
(21) Conduct periodically (iii) Conducting a cost-benefit analysis to determine the effectiveness of state-owned buildings;
(22) Assess periodically (iv) Assessing the alternatives associated with consolidating the commercial leases for buildings located in Columbus;.
(23) Commission (c) Commissioning a comprehensive space utilization and capacity study in order to determine the feasibility of consolidating existing commercially leased space used by state agencies into a new state-owned facility.
(B) This section and section 125.02 of the Revised Code shall not interfere with any of the following:
(1) The power of the adjutant general to purchase military supplies, or with the custody of the adjutant general of property leased, purchased, or constructed by the state and used for military purposes, or with the functions of the adjutant general as director of state armories;
(2) The power of the director of transportation in acquiring rights-of-way for the state highway system, or the leasing of lands for division or resident district offices, or the leasing of lands or buildings required in the maintenance operations of the department of transportation, or the purchase of real property for garage sites or division or resident district offices, or in preparing plans and specifications for and constructing such buildings as the director may require in the administration of the department;
(3) The power of the director of public safety and the registrar of motor vehicles to purchase or lease real property and buildings to be used solely as locations to which a deputy registrar is assigned pursuant to division (B) of section 4507.011 of the Revised Code and from which the deputy registrar is to conduct the deputy registrar's business, the power of the director of public safety to purchase or lease real property and buildings to be used as locations for division or district offices as required in the maintenance of operations of the department of public safety, and the power of the superintendent of the state highway patrol in the purchase or leasing of real property and buildings needed by the patrol, to negotiate the sale of real property owned by the patrol, to rent or lease real property owned or leased by the patrol, and to make or cause to be made repairs to all property owned or under the control of the patrol;
(4) The power of the division of liquor control in the leasing or purchasing of retail outlets and warehouse facilities for the use of the division;
(5) The power of the director of development to enter into leases of real property, buildings, and office space to be used solely as locations for the state's foreign offices to carry out the purposes of section 122.05 of the Revised Code.
(C) Purchases for, and the custody and repair of, buildings under the management and control of the capitol square review and advisory board, the rehabilitation services commission, the bureau of workers' compensation, or the departments of public safety, job and family services, mental health, mental retardation and developmental disabilities, and rehabilitation and correction, and buildings of educational and benevolent institutions under the management and control of boards of trustees, are not subject to the control and jurisdiction of the department of administrative services.
(D) Any instrument by which real property is acquired pursuant to this section shall identify the agency of the state that has the use and benefit of the real property as specified in section 5301.012 of the Revised Code.
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 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 amount of the investment earnings of the
administrative building fund created in division (C) of this section 152.101 of the
Revised Code as the director of budget and management determines
to be appropriate and in excess of the amounts required to meet estimated federal arbitrage rebate requirements. 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.
(C) 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 division (B) of this section, all investment earnings of the fund shall be credited to the fund. The fund shall be used to pay the cost of capital facilities designated by or pursuant to an act of the general assembly. The director of budget and management shall approve and provide a voucher for payments of amounts from the fund that represent the portion of investment earnings to be rebated or to be paid to the federal government in order to maintain the exclusion from gross income for federal income tax purposes on interest on those obligations pursuant to section 148(f) of the Internal Revenue Code.
As used in this division, "capital facilities" has the same meaning as under section 152.09 of the Revised Code.
Sec. 124.15. (A) Board and commission members appointed prior to July 1, 1991, shall be paid a salary or wage in accordance with the following schedules of rates:
Schedule B
Range | Step 1 | Step 2 | Step 3 | Step 4 | |
23 | Hourly | 5.72 | 5.91 | 6.10 | 6.31 |
Annually | 11897.60 | 12292.80 | 12688.00 | 13124.80 | |
Step 5 | Step 6 | ||||
Hourly | 6.52 | 6.75 | |||
Annually | 13561.60 | 14040.00 | |||
Step 1 | Step 2 | Step 3 | Step 4 | ||
24 | Hourly | 6.00 | 6.20 | 6.41 | 6.63 |
Annually | 12480.00 | 12896.00 | 13332.80 | 13790.40 | |
Step 5 | Step 6 | ||||
Hourly | 6.87 | 7.10 | |||
Annually | 14289.60 | 14768.00 | |||
Step 1 | Step 2 | Step 3 | Step 4 | ||
25 | Hourly | 6.31 | 6.52 | 6.75 | 6.99 |
Annually | 13124.80 | 13561.60 | 14040.00 | 14539.20 | |
Step 5 | Step 6 | ||||
Hourly | 7.23 | 7.41 | |||
Annually | 15038.40 | 15412.80 | |||
Step 1 | Step 2 | Step 3 | Step 4 | ||
26 | Hourly | 6.63 | 6.87 | 7.10 | 7.32 |
Annually | 13790.40 | 14289.60 | 14768.00 | 15225.60 | |
Step 5 | Step 6 | ||||
Hourly | 7.53 | 7.77 | |||
Annually | 15662.40 | 16161.60 | |||
Step 1 | Step 2 | Step 3 | Step 4 | ||
27 | Hourly | 6.99 | 7.23 | 7.41 | 7.64 |
Annually | 14534.20 | 15038.40 | 15412.80 | 15891.20 | |
Step 5 | Step 6 | Step 7 | |||
Hourly | 7.88 | 8.15 | 8.46 | ||
Annually | 16390.40 | 16952.00 | 17596.80 | ||
Step 1 | Step 2 | Step 3 | Step 4 | ||
28 | Hourly | 7.41 | 7.64 | 7.88 | 8.15 |
Annually | 15412.80 | 15891.20 | 16390.40 | 16952.00 | |
Step 5 | Step 6 | Step 7 | |||
Hourly | 8.46 | 8.79 | 9.15 | ||
Annually | 17596.80 | 18283.20 | 19032.00 | ||
Step 1 | Step 2 | Step 3 | Step 4 | ||
29 | Hourly | 7.88 | 8.15 | 8.46 | 8.79 |
Annually | 16390.40 | 16952.00 | 17596.80 | 18283.20 | |
Step 5 | Step 6 | Step 7 | |||
Hourly | 9.15 | 9.58 | 10.01 | ||
Annually | 19032.00 | 19926.40 | 20820.80 | ||
Step 1 | Step 2 | Step 3 | Step 4 | ||
30 | Hourly | 8.46 | 8.79 | 9.15 | 9.58 |
Annually | 17596.80 | 18283.20 | 19032.00 | 19926.40 | |
Step 5 | Step 6 | Step 7 | |||
Hourly | 10.01 | 10.46 | 10.99 | ||
Annually | 20820.80 | 21756.80 | 22859.20 | ||
Step 1 | Step 2 | Step 3 | Step 4 | ||
31 | Hourly | 9.15 | 9.58 | 10.01 | 10.46 |
Annually | 19032.00 | 19962.40 | 20820.80 | 21756.80 | |
Step 5 | Step 6 | Step 7 | |||
Hourly | 10.99 | 11.52 | 12.09 | ||
Annually | 22859.20 | 23961.60 | 25147.20 | ||
Step 1 | Step 2 | Step 3 | Step 4 | ||
32 | Hourly | 10.01 | 10.46 | 10.99 | 11.52 |
Annually | 20820.80 | 21756.80 | 22859.20 | 23961.60 | |
Step 5 | Step 6 | Step 7 | Step 8 | ||
Hourly | 12.09 | 12.68 | 13.29 | 13.94 | |
Annually | 25147.20 | 26374.40 | 27643.20 | 28995.20 | |
Step 1 | Step 2 | Step 3 | Step 4 | ||
33 | Hourly | 10.99 | 11.52 | 12.09 | 12.68 |
Annually | 22859.20 | 23961.60 | 25147.20 | 26374.40 | |
Step 5 | Step 6 | Step 7 | Step 8 | ||
Hourly | 13.29 | 13.94 | 14.63 | 15.35 | |
Annually | 27643.20 | 28995.20 | 30430.40 | 31928.00 | |
Step 1 | Step 2 | Step 3 | Step 4 | ||
34 | Hourly | 12.09 | 12.68 | 13.29 | 13.94 |
Annually | 25147.20 | 26374.40 | 27643.20 | 28995.20 | |
Step 5 | Step 6 | Step 7 | Step 8 | ||
Hourly | 14.63 | 15.35 | 16.11 | 16.91 | |
Annually | 30430.40 | 31928.00 | 33508.80 | 35172.80 | |
Step 1 | Step 2 | Step 3 | Step 4 | ||
35 | Hourly | 13.29 | 13.94 | 14.63 | 15.35 |
Annually | 27643.20 | 28995.20 | 30430.40 | 31928.00 | |
Step 5 | Step 6 | Step 7 | Step 8 | ||
Hourly | 16.11 | 16.91 | 17.73 | 18.62 | |
Annually | 33508.80 | 35172.80 | 36878.40 | 38729.60 | |
Step 1 | Step 2 | Step 3 | Step 4 | ||
36 | Hourly | 14.63 | 15.35 | 16.11 | 16.91 |
Annually | 30430.40 | 31928.00 | 33508.80 | 35172.80 | |
Step 5 | Step 6 | Step 7 | Step 8 | ||
Hourly | 17.73 | 18.62 | 19.54 | 20.51 | |
Annually | 36878.40 | 38729.60 | 40643.20 | 42660.80 |
Schedule C
Range | Minimum | Maximum | |
41 Hourly | 10.44 | 15.72 | |
Annually | 21715.20 | 32697.60 | |
42 Hourly | 11.51 | 17.35 | |
Annually | 23940.80 | 36088.00 | |
43 Hourly | 12.68 | 19.12 | |
Annually | 26374.40 | 39769.60 | |
44 Hourly | 13.99 | 20.87 | |
Annually | 29099.20 | 43409.60 | |
45 Hourly | 15.44 | 22.80 | |
Annually | 32115.20 | 47424.00 | |
46 Hourly | 17.01 | 24.90 | |
Annually | 35380.80 | 51792.00 | |
47 Hourly | 18.75 | 27.18 | |
Annually | 39000.00 | 56534.40 | |
48 Hourly | 20.67 | 29.69 | |
Annually | 42993.60 | 61755.20 | |
49 Hourly | 22.80 | 32.06 | |
Annually | 47424.00 | 66684.80 |
(B) The pay schedule of all employees shall be on a biweekly basis, with amounts computed on an hourly basis.
(C) Part-time employees shall be compensated on an hourly basis for time worked, at the rates shown in division (A) of this section or in section 124.152 of the Revised Code.
(D) The salary and wage rates in division (A) of this section or in section 124.152 of the Revised Code represent base rates of compensation and may be augmented by the provisions of section 124.181 of the Revised Code. In those cases where lodging, meals, laundry, or other personal services are furnished an employee, the actual costs or fair market value of the personal services shall be paid by the employee in such amounts and manner as determined by the director of administrative services and approved by the director of budget and management, and those personal services shall not be considered as a part of the employee's compensation. An appointing authority, with the approval of the director of administrative services and the director of budget and management, may establish payments to employees for uniforms, tools, equipment, and other requirements of the department and payments for the maintenance of them.
The director of administrative services may review collective bargaining agreements entered into under Chapter 4117. of the Revised Code that cover state employees and determine whether certain benefits or payments provided to state employees covered by those agreements should also be provided to employees who are exempt from collective bargaining coverage and are paid in accordance with section 124.152 of the Revised Code or are listed in division (B)(2) or (4) of section 124.14 of the Revised Code. On completing the review, the director of administrative services, with the approval of the director of budget and management, may provide to some or all of these employees any payment or benefit, except for salary, contained in such a collective bargaining agreement even if it is similar to a payment or benefit already provided by law to some or all of these employees. Any payment or benefit so provided shall not exceed the highest level for that payment or benefit specified in such a collective bargaining agreement. The director of administrative services shall not provide, and the director of budget and management shall not approve, any payment or benefit to such an employee under this division unless the payment or benefit is provided pursuant to a collective bargaining agreement to a state employee who is in a position with similar duties as, is supervised by, or is employed by the same appointing authority as, the employee to whom the benefit or payment is to be provided.
As used in this division, "payment or benefit already provided by law" includes, but is not limited to, bereavement, personal, vacation, administrative, and sick leave, disability benefits, holiday pay, and pay supplements provided under the Revised Code, but does not include wages or salary.
(E) New employees paid under in accordance with schedule B of division
(A) of this section or under schedule E-1 of section 124.152 of
the Revised Code shall be employed at the minimum rate
established for the range unless otherwise provided. Employees
with qualifications that are beyond the minimum normally required
for the position and that are determined by the director to be
exceptional may be employed in, or may be transferred or promoted
to, a position at an advanced step of the range. Further, in
time of a serious labor market condition when it is relatively
impossible to recruit employees at the minimum rate for a
particular classification, the entrance rate may be set at an
advanced step in the range by the director of administrative
services. This rate may be limited to geographical regions of
the state. Appointments made to an advanced step under the
provision regarding exceptional qualifications shall not affect
the step assignment of employees already serving. However,
anytime the hiring rate of an entire classification is advanced
to a higher step, all incumbents of that classification being paid
at a step lower than that being used for hiring, shall be
advanced beginning at the start of the first pay period
thereafter to the new hiring rate, and any time accrued at the
lower step will be used to calculate advancement to a succeeding
step. If the hiring rate of a classification is increased for
only a geographical region of the state, only incumbents who
work in that geographical region shall be advanced to a higher
step. When an employee in the unclassified service changes from
one state position to another or is appointed to a position in
the classified service, or if an employee in the classified
service is appointed to a position in the unclassified service,
the employee's salary or wage in the new position shall be determined in the
same manner as if the employee were an employee in the classified service.
When an employee in the unclassified service who is not eligible for step
increases is appointed to a classification in the classified service under
which step increases are provided, future step increases shall be based on the
date on which the employee last received a pay increase. If the employee has
not received an
increase during the previous year, the date of the appointment to the
classified service shall be used to determine the employee's annual step
advancement eligibility date. In reassigning any employee to a
classification resulting in a pay range increase or
to a new pay range as a result of a promotion, an increase pay range
adjustment, or other classification change resulting in a pay range increase,
the director shall assign such employee to the step in the new pay
range that will provide an increase of approximately four per cent if the new
pay range can accommodate the increase. When an employee
is being assigned to a classification or new pay range as the result of
a class
plan change, if the employee has completed a probationary period,
the employee
shall be placed in a step no lower than step two of the new pay range. If the
employee has not completed a probationary period, the employee may be placed
in step one of the new pay range. Such new salary or wage shall become
effective on such date as the director determines.
(F) If employment conditions and the urgency of the work require such action, the director of administrative services may, upon the application of a department head, authorize payment at any rate established within the range for the class of work, for work of a casual or intermittent nature or on a project basis. Payment at such rates shall not be made to the same individual for more than three calendar months in any one calendar year. Any such action shall be subject to the approval of the director of budget and management as to the availability of funds. This section and sections 124.14 and 124.152 of the Revised Code do not repeal any authority of any department or public official to contract with or fix the compensation of professional persons who may be employed temporarily for work of a casual nature or for work on a project basis.
(G)(1) Except as provided in division (G)(2) of this section, each state employee paid under in accordance with schedule B of
this section or under schedule E-1 of section 124.152 of the
Revised Code shall be eligible for advancement to
succeeding steps in the range
for the employee's class or grade according to the schedule established in this
division. Beginning on the first day of the pay period within
which the employee completes the prescribed probationary period
in the employee's classification with the state, each employee shall receive
an automatic salary adjustment equivalent to the next higher step
within the pay range for the employee's class or grade.
Each employee paid under in accordance with schedule E-1 of section 124.152 of the Revised
Code shall be eligible to advance to the next higher step until
the employee reaches step six the top step in the range for the employee's class or grade, if the employee has
maintained satisfactory performance in accordance with criteria
established by the employee's appointing authority. Those step advancements
shall not occur more frequently than once in any twelve-month period. An
employee only may advance to step seven upon performing at an exemplary level
as determined in the employee's performance evaluation. An employee's
advancement to step seven is at the discretion of the employee's appointing
authority. An employee may not appeal the denial of advancement to step seven
to the state personnel board of review.
When an employee is promoted or reassigned to a higher pay range, the employee's step indicator shall return to "0" or be adjusted to account for a probationary period, as appropriate. Step advancement shall not be affected by demotion. A promoted employee shall advance to the next higher step of the pay range on the first day of the pay period in which the required probationary period is completed. Step advancement shall become effective at the beginning of the pay period within which the employee attains the necessary length of service. Time spent on authorized leave of absence shall be counted for this purpose.
If determined to be in the best interest of the state service, the director of
administrative services may, either statewide or in selected agencies, adjust
the dates on which annual step advancements are received by employees paid under in accordance with
schedule E-1 of section 124.152 of the Revised Code.
(2)(a)(i) Except as provided in division (G)(2)(a)(ii) of this section, there shall be a moratorium on step advancements under division (G)(1) of this section from the pay period beginning June 29, 2003, through the pay period ending June 25, 2005. Step advancements shall resume with the pay period beginning June 26, 2005. Upon the resumption of step advancements, there shall be no retroactive step advancements for the period the moratorium was in effect. The moratorium shall not affect an employee's performance evaluation schedule.
(ii) During the moratorium under division (G)(2)(a)(i) of this section, an employee who is hired or promoted and serves a probationary period in the employee's new position shall advance to the next step in the employee's pay range upon successful completion of the employee's probationary period. Thereafter, the employee is subject to the moratorium.
(b) The moratorium under division (G)(2)(a)(i) of this section shall apply to the employees of the secretary of state, the auditor of state, the treasurer of state, and the attorney general, who are subject to this section unless the secretary of state, the auditor of state, the treasurer of state, or the attorney general decides to exempt the office's employees from the moratorium and so notifies the director of administrative services in writing on or before July 1, 2003.
(H) Employees in appointive managerial or professional
positions paid under salary in accordance with schedule C of this section or under
salary schedule E-2 of section 124.152 of the Revised Code may be
appointed at any rate within the appropriate pay range. This
rate of pay may be adjusted higher or lower within the respective
pay range at any time the appointing authority so desires as long
as the adjustment is based on the employee's ability to
successfully administer those duties assigned to the employee. Salary
adjustments shall not be made more frequently than once in any
six-month period under this provision to incumbents holding the
same position and classification.
(I) When an employee is assigned to duty outside this state, the employee may be compensated, upon request of the department head and with the approval of the director of administrative services, at a rate not to exceed fifty per cent in excess of the employee's current base rate for the period of time spent on that duty.
(J) Unless compensation for members of a board or commission is otherwise specifically provided by law, the director of administrative services shall establish the rate and method of payment for members of boards and commissions pursuant to the pay schedules listed in section 124.152 of the Revised Code.
(K) Regular full-time employees in positions assigned to classes within the instruction and education administration series under the rules of the director of administrative services, except certificated employees on the instructional staff of the state school for the blind or the state school for the deaf, whose positions are scheduled to work on the basis of an academic year rather than a full calendar year, shall be paid according to the pay range assigned by such rules but only during those pay periods included in the academic year of the school where the employee is located.
(1) Part-time or substitute teachers or those whose period of employment is other than the full academic year shall be compensated for the actual time worked at the rate established by this section.
(2) Employees governed by this division are exempt from sections 124.13 and 124.19 of the Revised Code.
(3) Length of service for the purpose of determining eligibility for step advancements as provided by division (G) of this section and for the purpose of determining eligibility for longevity pay supplements as provided by division (E) of section 124.181 of the Revised Code shall be computed on the basis of one full year of service for the completion of each academic year.
(L) The superintendent of the state school for the deaf and the superintendent of the state school for the blind shall, subject to the approval of the superintendent of public instruction, carry out both of the following:
(1) Annually, between the first day of April and the last day of June, establish for the ensuing fiscal year a schedule of hourly rates for the compensation of each certificated employee on the instructional staff of that superintendent's respective school constructed as follows:
(a) Determine for each level of training, experience, and other professional qualification for which an hourly rate is set forth in the current schedule, the per cent that rate is of the rate set forth in such schedule for a teacher with a bachelor's degree and no experience. If there is more than one such rate for such a teacher, the lowest rate shall be used to make the computation.
(b) Determine which six city, local, and exempted village school districts with territory in Franklin county have in effect on, or have adopted by, the first day of April for the school year that begins on the ensuing first day of July, teacher salary schedules with the highest minimum salaries for a teacher with a bachelor's degree and no experience;
(c) Divide the sum of such six highest minimum salaries by ten thousand five hundred sixty;
(d) Multiply each per cent determined in division (L)(1)(a) of this section by the quotient obtained in division (L)(1)(c) of this section;
(e) One hundred five per cent of each product thus obtained shall be the hourly rate for the corresponding level of training, experience, or other professional qualification in the schedule for the ensuing fiscal year.
(2) Annually, assign each certificated employee on the instructional staff of the superintendent's respective school to an hourly rate on the schedule that is commensurate with the employee's training, experience, and other professional qualifications.
If an employee is employed on the basis of an academic year, the employee's annual salary shall be calculated by multiplying the employee's assigned hourly rate times one thousand seven hundred sixty. If an employee is not employed on the basis of an academic year, the employee's annual salary shall be calculated in accordance with the following formula:
(a) Multiply the number of days the employee is required to work pursuant to the employee's contract by eight;
(b) Multiply the product of division (L)(2)(a) of this section by the employee's assigned hourly rate.
Each employee shall be paid an annual salary in biweekly installments. The amount of each installment shall be calculated by dividing the employee's annual salary by the number of biweekly installments to be paid during the year.
Sections 124.13 and 124.19 of the Revised Code do not apply to an employee who is paid under this division.
As used in this division, "academic year" means the number of days in each school year that the schools are required to be open for instruction with pupils in attendance. Upon completing an academic year, an employee paid under this division shall be deemed to have completed one year of service. An employee paid under this division is eligible to receive a pay supplement under division (L)(1), (2), or (3) of section 124.181 of the Revised Code for which the employee qualifies, but is not eligible to receive a pay supplement under division (L)(4) or (5) of that section. An employee paid under this division is eligible to receive a pay supplement under division (L)(6) of section 124.181 of the Revised Code for which the employee qualifies, except that the supplement is not limited to a maximum of five per cent of the employee's regular base salary in a calendar year.
(M) Division (A) of this section does not apply to "exempt employees," as defined in section 124.152 of the Revised Code, who are paid under that section.
Notwithstanding any other provisions of this chapter, when an employee transfers between bargaining units or transfers out of or into a bargaining unit, the director shall establish the employee's compensation and adjust the maximum leave accrual schedule as the director deems equitable.
Sec. 124.152. (A)(1) Except as provided in divisions (A)(2) and (3) of this section, each exempt employee shall be paid a salary or wage in accordance with schedule E-1 or schedule E-2 of division (B) or (C) of this section.
(2) Each exempt employee who holds a position in the unclassified civil service pursuant to division (A)(26) or (30) of section 124.11 of the Revised Code may be paid a salary or wage in accordance with schedule E-1, schedule E-1 for step seven only, or schedule E-2 of division (B), (C), (D), or (E) of this section, as applicable.
(3)(a) Except as provided in division (A)(3)(b) of this section, each exempt employee who was paid a salary or wage at step 7 in the employee's pay range on June 28, 2003, in accordance with the applicable schedule E-1 of former section 124.152 of the Revised Code and who continued to be so paid on June 29, 2003, shall be paid a salary or wage in the corresponding pay range in schedule E-1 for step seven only of division (D) or (E) of this section for as long as the employee remains in the position the employee held as of July 1, 2003.
(b) Except as provided in division (A)(3)(c) of this section, if an exempt employee who is being paid a salary or wage in accordance with schedule E-1 for step seven only of division (D) or (E) of this section moves to another position, the employee shall not receive a salary or wage for that position or any other position in the future in accordance with that schedule.
(c) If an exempt employee who is being paid a salary or wage in accordance with schedule E-1 for step seven only of division (D) or (E) of this section moves to another position assigned to pay range 12 or above, the appointing authority has the discretion to assign the employee to be paid a salary or wage in the appropriate pay range for that position in accordance with schedule E-1 for step seven only, provided that the appointing authority so notifies the director of administrative services in writing at the time the employee is appointed to that position.
(B) Beginning on the first day of the pay period that includes July 1, 2002, each exempt employee who must be paid in accordance with schedule E-1 or schedule E-2 of this section shall be paid a salary or wage in accordance with the following schedule of rates:
Schedule E-1
Step | Step | Step | Step | Step | Step | ||||
Range | 1 | 2 | 3 | 4 | 5 | 6 | |||
1 | Hourly | 8.78 | 9.16 | 9.56 | 9.97 | ||||
Annually | 18262 | 19053 | 19885 | 20738 | |||||
2 | Hourly | 10.64 | 11.09 | 11.58 | 12.08 | ||||
Annually | 22131 | 23067 | 24086 | 25126 | |||||
3 | Hourly | 11.14 | 11.65 | 12.16 | 12.69 | ||||
Annually | 23171 | 24232 | 25293 | 26395 | |||||
4 | Hourly | 11.70 | 12.23 | 12.81 | 13.38 | ||||
Annually | 24336 | 25438 | 26645 | 27830 | |||||
5 | Hourly | 12.28 | 12.84 | 13.38 | 13.97 | ||||
Annually | 25542 | 26707 | 27830 | 29058 | |||||
6 | Hourly | 12.94 | 13.47 | 14.07 | 14.64 | ||||
Annually | 26915 | 28018 | 29266 | 30451 | |||||
7 | Hourly | 13.74 | 14.26 | 14.83 | 15.35 | 15.94 | |||
Annually | 28579 | 29661 | 30846 | 31928 | 33155 | ||||
8 | Hourly | 14.53 | 15.16 | 15.83 | 16.53 | 17.23 | |||
Annually | 30222 | 31533 | 32926 | 34382 | 35838 | ||||
9 | Hourly | 15.50 | 16.30 | 17.11 | 17.95 | 18.87 | |||
Annually | 32240 | 33904 | 35589 | 37336 | 39250 | ||||
10 | Hourly | 16.72 | 17.63 | 18.58 | 19.65 | 20.70 | |||
Annually | 34778 | 36670 | 38646 | 40872 | 43056 | ||||
11 | Hourly | 18.20 | 19.27 | 20.38 | 21.53 | 22.76 | |||
Annually | 37856 | 40082 | 42390 | 44782 | 47341 | ||||
12 | Hourly | 20.08 | 21.21 | 22.35 | 23.59 | 24.90 | 26.26 | ||
Annually | 41766 | 44117 | 46488 | 49067 | 51792 | 54621 | |||
13 | Hourly | 22.13 | 23.35 | 24.63 | 25.95 | 27.40 | 28.90 | ||
Annually | 46030 | 48568 | 51230 | 53976 | 56992 | 60112 | |||
14 | Hourly | 24.35 | 25.72 | 27.10 | 28.59 | 30.20 | 31.88 | ||
Annually | 50648 | 53498 | 56368 | 59467 | 62816 | 66310 | |||
15 | Hourly | 26.74 | 28.24 | 29.84 | 31.48 | 33.22 | 35.06 | ||
Annually | 55619 | 58739 | 62067 | 65478 | 69098 | 72925 | |||
16 | Hourly | 29.48 | 31.12 | 32.84 | 34.67 | 36.59 | 38.67 | ||
Annually | 61318 | 64730 | 68307 | 72114 | 76107 | 80434 | |||
17 | Hourly | 32.49 | 34.28 | 36.20 | 38.20 | 40.33 | 42.58 | ||
Annually | 67579 | 71302 | 75296 | 79456 | 83886 | 88566 | |||
18 | Hourly | 35.80 | 37.78 | 39.90 | 42.11 | 44.43 | 46.92 | ||
Annually | 74464 | 78582 | 82992 | 87589 | 92414 | 97594 |
Schedule E-2
Range | Minimum | Maximum | ||||
41 | Hourly | 16.23 | 32.46 | |||
Annually | 33758 | 67517 | ||||
42 | Hourly | 17.89 | 35.86 | |||
Annually | 37211 | 74589 | ||||
43 | Hourly | 19.70 | 39.49 | |||
Annually | 40976 | 82139 | ||||
44 | Hourly | 21.73 | 43.13 | |||
Annually | 45198 | 89710 | ||||
45 | Hourly | 24.01 | 47.09 | |||
Annually | 49941 | 97947 | ||||
46 | Hourly | 26.43 | 51.46 | |||
Annually | 54974 | 107037 | ||||
47 | Hourly | 29.14 | 56.16 | |||
Annually | 60611 | 116813 | ||||
48 | Hourly | 32.14 | 61.29 | |||
Annually | 66851 | 127483 | ||||
49 | Hourly | 35.44 | 66.18 | |||
Annually | 73715 | 137654 |
(B)(C) Beginning on the first day of the pay period that includes July 1, 2005, each exempt employee who must be paid in accordance with schedule E-1 or schedule E-2 of this section shall be paid a salary or wage in accordance with the following schedule of rates:
Schedule E-1
Step | Step | Step | Step | Step | Step | ||||
Range | 1 | 2 | 3 | 4 | 5 | 6 | |||
1 | Hourly | 9.13 | 9.53 | 9.94 | 10.37 | ||||
Annually | 18990 | 19822 | 20675 | 21570 | |||||
2 | Hourly | 11.07 | 11.53 | 12.04 | 12.56 | ||||
Annually | 23026 | 23982 | 25043 | 26125 | |||||
3 | Hourly | 11.59 | 12.12 | 12.65 | 13.20 | ||||
Annually | 24107 | 25210 | 26312 | 27456 | |||||
4 | Hourly | 12.17 | 12.72 | 13.32 | 13.92 | ||||
Annually | 25314 | 26458 | 27706 | 28954 | |||||
5 | Hourly | 12.77 | 13.35 | 13.92 | 14.53 | ||||
Annually | 26562 | 27768 | 28954 | 30222 | |||||
6 | Hourly | 13.46 | 14.01 | 14.63 | 15.23 | ||||
Annually | 27997 | 29141 | 30430 | 31678 | |||||
7 | Hourly | 14.29 | 14.83 | 15.42 | 15.96 | 16.58 | |||
Annually | 29723 | 30846 | 32074 | 33197 | 34486 | ||||
8 | Hourly | 15.11 | 15.77 | 16.46 | 17.19 | 17.92 | |||
Annually | 31429 | 32802 | 34237 | 35755 | 37274 | ||||
9 | Hourly | 16.12 | 16.95 | 17.79 | 18.67 | 19.62 | |||
Annually | 33530 | 35256 | 37003 | 38834 | 40810 | ||||
10 | Hourly | 17.39 | 18.34 | 19.32 | 20.44 | 21.53 | |||
Annually | 36171 | 38147 | 40186 | 42515 | 44782 | ||||
11 | Hourly | 18.93 | 20.04 | 21.20 | 22.39 | 23.67 | |||
Annually | 39374 | 41683 | 44096 | 46571 | 49234 | ||||
12 | Hourly | 20.88 | 22.06 | 23.24 | 24.53 | 25.90 | 27.31 | ||
Annually | 43430 | 45885 | 48339 | 51022 | 53872 | 56805 | |||
13 | Hourly | 23.02 | 24.28 | 25.62 | 26.99 | 28.50 | 30.06 | ||
Annually | 47882 | 50502 | 53290 | 56139 | 59280 | 62525 | |||
14 | Hourly | 25.32 | 26.75 | 28.18 | 29.73 | 31.41 | 33.16 | ||
Annually | 52666 | 55640 | 58614 | 61838 | 65333 | 68973 | |||
15 | Hourly | 27.81 | 29.37 | 31.03 | 32.74 | 34.55 | 36.46 | ||
Annually | 57845 | 61090 | 64542 | 68099 | 71864 | 75837 | |||
16 | Hourly | 30.66 | 32.36 | 34.15 | 36.06 | 38.05 | 40.22 | ||
Annually | 63773 | 67309 | 71032 | 75005 | 79144 | 83658 | |||
17 | Hourly | 33.79 | 35.65 | 37.65 | 39.73 | 41.94 | 44.28 | ||
Annually | 70283 | 74152 | 78312 | 82638 | 87235 | 92102 | |||
18 | Hourly | 37.23 | 39.29 | 41.50 | 43.79 | 46.21 | 48.80 | ||
Annually | 77438 | 81723 | 86320 | 91083 | 96117 | 101504 |
Schedule E-2
Range | Minimum | Maximum | ||||
41 | Hourly | 16.23 | 33.76 | |||
Annually | 33758 | 70221 | ||||
42 | Hourly | 17.89 | 37.29 | |||
Annually | 37211 | 77563 | ||||
43 | Hourly | 19.70 | 41.07 | |||
Annually | 40976 | 85426 | ||||
44 | Hourly | 21.73 | 44.86 | |||
Annually | 45198 | 93309 | ||||
45 | Hourly | 24.01 | 48.97 | |||
Annually | 49941 | 101858 | ||||
46 | Hourly | 26.43 | 53.52 | |||
Annually | 54974 | 111322 | ||||
47 | Hourly | 29.14 | 58.41 | |||
Annually | 60611 | 121493 | ||||
48 | Hourly | 32.14 | 63.74 | |||
Annually | 66851 | 132579 | ||||
49 | Hourly | 35.44 | 68.83 | |||
Annually | 73715 | 143166 |
(D) Beginning on the first day of the pay period that includes July 1, 2003, each exempt employee who must be paid in accordance with schedule E-1 for step seven only shall be paid a salary or wage in accordance with the following schedule of rates:
Schedule E-1 for Step Seven Only
Range | ||||||
12 | Hourly | 27.71 | ||||
Annually | 57637 | |||||
13 | Hourly | 30.49 | ||||
Annually | 63419 | |||||
14 | Hourly | 33.62 | ||||
Annually | 69930 | |||||
15 | Hourly | 36.98 | ||||
Annually | 76918 | |||||
16 | Hourly | 40.80 | ||||
Annually | 84864 | |||||
17 | Hourly | 44.93 | ||||
Annually | 93454 | |||||
18 | Hourly | 49.50 | ||||
Annually | 102960 |
(E) Beginning on the first day of the pay period that includes July 1, 2005, each exempt employee who must be paid in accordance with schedule E-1 for step seven only shall be paid a salary or wage in accordance with the following schedule of rates:
Schedule E-1 for Step Seven Only
Range | ||||||
12 | Hourly | 28.82 | ||||
Annually | 59946 | |||||
13 | Hourly | 31.71 | ||||
Annually | 65957 | |||||
14 | Hourly | 34.96 | ||||
Annually | 72717 | |||||
15 | Hourly | 38.46 | ||||
Annually | 79997 | |||||
16 | Hourly | 42.43 | ||||
Annually | 88254 | |||||
17 | Hourly | 46.73 | ||||
Annually | 97198 | |||||
18 | Hourly | 51.48 | ||||
Annually | 107078 |
(C)(F) As used in this section, "exempt employee" means a
permanent full-time or permanent part-time employee paid directly
by warrant of the auditor of state whose position is included in
the job classification plan established under division (A) of
section 124.14 of the Revised Code but who is not considered a
public employee for the purposes of Chapter 4117. of the Revised
Code. As used in this section, "exempt employee" also includes a
permanent full-time or permanent part-time employee of the
secretary of state, auditor of state, treasurer of state, or
attorney general who has not been placed in an appropriate
bargaining unit by the state employment relations board.
Sec. 124.181. (A) Except as provided in division (M) of
this section, any employee paid under in accordance with schedule B of
section 124.15 or under schedule E-1 or schedule E-1 for step seven only of section 124.152 of the
Revised Code is eligible for the pay supplements provided in
this section
upon application by the appointing authority substantiating the
employee's qualifications for the supplement and with the
approval of the director of administrative services except as
provided in division (E) of this section.
(B)(1) Except as provided in section 124.183 of the Revised Code, in computing any of the pay supplements provided in
this section for an employee paid in accordance with schedule B of section 124.15 of the Revised Code, the classification salary base shall be the minimum
hourly rate of the pay range, provided in that section 124.15 or
124.152 of the Revised Code, in which the employee is assigned at
the time of computation.
(2) Except as provided in section 124.183 of the Revised Code, in computing any of the pay supplements provided in this section for an employee paid in accordance with schedule E-1 of section 124.152 of the Revised Code, the classification salary base shall be the minimum hourly rate of the pay range, provided in that section, in which the employee is assigned at the time of computation.
(3) Except as provided in section 124.183 of the Revised Code, in computing any of the pay supplements provided in this section for an employee paid in accordance with schedule E-1 for step seven only of section 124.152 of the Revised Code, the classification salary base shall be the minimum hourly rate in the corresponding pay range, provided in schedule E-1 of that section, to which the employee is assigned at the time of the computation.
(C) The effective date of any pay supplement, except as provided in section 124.183 of the Revised Code or unless otherwise provided in this section, shall be determined by the director.
(D) The director shall, by rule, establish standards regarding the administration of this section.
(E)(1) Except as otherwise provided in this division,
beginning on the first day of the pay period within which the
employee completes five years of total service with the state
government or any of its political subdivisions, each employee in
positions paid under salary in accordance with schedule B of
section 124.15 of the Revised Code
or under salary in accordance with schedule E-1 or schedule E-1 for step seven only of section 124.152 of the Revised
Code shall receive an automatic salary adjustment equivalent to
two and one-half per cent of the classification salary base, to
the nearest whole cent. Each employee shall receive thereafter
an annual adjustment equivalent to one-half of one per cent of
the employee's classification salary base, to the nearest
whole cent, for
each additional year of qualified employment until a maximum of
ten per cent of the employee's classification salary base is
reached. The granting of longevity adjustments shall not be
affected by promotion, demotion, or other changes in
classification held by the employee, nor by any change in pay
range for the employee's class or grade. Longevity pay adjustments
shall become
effective at the beginning of the pay period within which the
employee completes the necessary length of service,
except that when an employee requests credit for prior
service, the effective date of the prior service credit and of
any longevity adjustment shall be the first day of the pay period
following approval of the credit by the director of
administrative services. No employee, other than an employee who
submits proof of prior service within ninety days after the date
of the employee's hiring, shall receive any longevity adjustment for the
period prior to the director's approval of a prior service
credit. Time spent on authorized leave of absence shall be
counted for this purpose.
(2) An employee who has retired in accordance with the provisions of any retirement system offered by the state and who is employed by the state or any political subdivision of the state on or after June 24, 1987, shall not have prior service with the state or any political subdivision of the state counted for the purpose of determining the amount of the salary adjustment provided under this division.
(3) There shall be a moratorium on employees' receipt under this division of credit for service with the state government or any of its political subdivisions during the period from July 1, 2003, through June 30, 2005. In calculating the number of years of total service under this division, no credit shall be included for service during the moratorium. The moratorium shall apply to the employees of the secretary of state, the auditor of state, the treasurer of state, and the attorney general, who are subject to this section unless the secretary of state, the auditor of state, the treasurer of state, or the attorney general decides to exempt the office's employees from the moratorium and so notifies the director of administrative services in writing on or before July 1, 2003.
If an employee is exempt from the moratorium, receives credit for a period of service during the moratorium, and takes a position with another entity in the state government or any of its political subdivisions, either during or after the moratorium, and if that entity's employees are or were subject to the moratorium, the employee shall continue to retain the credit. However, if the moratorium is in effect upon the taking of the new position, the employee shall cease receiving additional credit as long as the employee is in the position, until the moratorium expires.
(F) When an exceptional condition exists that creates a
temporary or a permanent hazard for one or more positions in a
class paid under in accordance with schedule B of section
124.15 of the Revised Code or under salary in accordance with schedule E-1 or schedule E-1 for step seven only of section 124.152 of the
Revised Code, a
special hazard salary adjustment may be granted for the time the
employee is subjected to the hazardous condition. All special
hazard conditions shall be identified for each position and
incidence from information submitted to the director on an
appropriate form provided by the director and categorized into
standard conditions of: some unusual hazard not common to the
class; considerable unusual hazard not common to the class; and
exceptional hazard not common to the class.
(1) A hazardous salary adjustment of five per cent of the
employee's classification salary base may be applied in the case
of some unusual hazardous condition not common to the class for
those hours worked, or a fraction thereof of those hours worked, while the employee was
subject to the unusual hazard condition.
(2) A hazardous salary adjustment of seven and one-half
per cent of the employee's classification salary base may be
applied in the case of some considerable hazardous condition not
common to the class for those hours worked, or a fraction
thereof of those hours worked, while the employee was subject to the considerable
hazard condition.
(3) A hazardous salary adjustment of ten per cent of the
employee's classification salary base may be applied in the case
of some exceptional hazardous condition not common to the class
for those hours worked, or a fraction thereof of those hours worked, when the employee was
subject to the exceptional hazard condition.
(4) Each claim for temporary hazard pay shall be submitted as a separate payment and shall be subject to an administrative audit by the director as to the extent and duration of the employee's exposure to the hazardous condition.
(G) When a full-time employee whose salary or wage is paid directly by warrant of the auditor of state and who also is eligible for overtime under the "Fair Labor Standards Act of 1938," 52 Stat. 1060, 29 U.S.C.A. 207, 213, as amended, is ordered by the appointing authority to report back to work after termination of the employee's regular work schedule and the employee reports, the employee shall be paid for such time. The employee shall be entitled to four hours at the employee's total rate of pay or overtime compensation for the actual hours worked, whichever is greater. This division does not apply to work that is a continuation of or immediately preceding an employee's regular work schedule.
(H) When a certain position or positions paid under in accordance with
schedule B of section 124.15 of the Revised Code or under
salary in accordance with schedule E-1 or schedule E-1 for step seven only of section 124.152 of the Revised Code require the ability
to speak or
write a language other than English, a special pay supplement may
be granted to attract bilingual individuals, to encourage present
employees to become proficient in other languages, or to retain
qualified bilingual employees. The bilingual pay supplement
provided in this division may be granted in the amount of
five per cent of
the employee's classification salary base for each required
foreign language and shall remain in effect as long as the
bilingual requirement exists.
(I) The director may establish a shift differential for
employees. Such The differential shall be paid to employees in
positions working in other than the regular or first shift. In
those divisions or agencies where only one shift prevails, no
shift differential shall be paid regardless of the hours of the
day that are worked. The director and the appointing authority
shall designate which positions shall be covered by this
division.
(J) Whenever an employee is assigned to work in a higher level position for a continuous period of more than two weeks but no more than two years because of a vacancy, the employee's pay may be established at a rate that is approximately four per cent above the employee's current base rate for the period the employee occupies the position, provided that this temporary occupancy is approved by the director. Employees paid under this division shall continue to receive any of the pay supplements due them under other divisions of this section based on the step one base rate for their normal classification.
(K) If a certain position, or positions, within a class
paid under in accordance with schedule B of section 124.15 of the Revised Code or under
salary in accordance with schedule E-1 or schedule E-1 for step seven only of section 124.152 of the Revised Code
are mandated by state or federal law or regulation or other
regulatory agency or other certification authority to have
special technical certification, registration, or licensing to
perform the functions which are under the mandate, a special
professional achievement pay supplement may be granted. This
special professional achievement pay supplement shall not be
granted when all incumbents in all positions in a class require a
license as provided in the classification description published
by the department of administrative services; to licensees where
no special or extensive training is required; when certification
is granted upon completion of a stipulated term of in-service
training; when an appointing authority has required
certification; or any other condition prescribed by the director.
(1) Before this supplement may be applied, evidence as to the requirement must be provided by the agency for each position involved, and certification must be received from the director as to the director's concurrence for each of the positions so affected.
(2) The professional achievement pay supplement provided in this division shall be granted in an amount up to ten per cent of the employee's classification salary base and shall remain in effect as long as the mandate exists.
(L) Those employees assigned to teaching supervisory, principal, assistant principal, or superintendent positions who have attained a higher educational level than a basic bachelor's degree may receive an educational pay supplement to remain in effect as long as the employee's assignment and classification remain the same.
(1) An educational pay supplement of two and one-half per cent of the employee's classification salary base may be applied upon the achievement of a bachelor's degree plus twenty quarter hours of postgraduate work.
(2) An educational pay supplement of an additional five per cent of the employee's classification salary base may be applied upon achievement of a master's degree.
(3) An educational pay supplement of an additional two and one-half per cent of the employee's classification salary base may be applied upon achievement of a master's degree plus thirty quarter hours of postgraduate work.
(4) An educational pay supplement of five per cent of the employee's classification salary base may be applied when the employee is performing as a master teacher.
(5) An educational pay supplement of five per cent of the employee's classification salary base may be applied when the employee is performing as a special education teacher.
(6) Those employees in teaching supervisory, principal, assistant principal, or superintendent positions who are responsible for specific extracurricular activity programs shall receive overtime pay for those hours worked in excess of their normal schedule, at their straight time hourly rate up to a maximum of five per cent of their regular base salary in any calendar year.
(M)(1) A state agency, board, or commission may establish a supplementary compensation schedule for those licensed physicians employed by the agency, board, or commission in positions requiring a licensed physician. The supplementary compensation schedule, together with the compensation otherwise authorized by this chapter, shall provide for the total compensation for these employees to range appropriately, but not necessarily uniformly, for each classification title requiring a licensed physician, in accordance with a schedule approved by the state controlling board. The individual salary levels recommended for each such physician employed shall be approved by the director. Notwithstanding section 124.11 of the Revised Code, such personnel are in the unclassified civil service.
(2) The director of administrative services may approve supplementary compensation for the director of health, if the director is a licensed physician, in accordance with a supplementary compensation schedule approved under division (M)(1) of this section or in accordance with another supplementary compensation schedule the director of administrative services considers appropriate. The supplementary compensation shall not exceed twenty per cent of the director of health's base rate of pay.
(N) Notwithstanding sections 117.28, 117.30, 117.33, 117.36, 117.42, and 131.02 of the Revised Code, the state shall not institute any civil action to recover and shall not seek reimbursement for overpayments made in violation of division (E) of this section or division (C) of section 9.44 of the Revised Code for the period starting after June 24, 1987, and ending on October 31, 1993.
(O) Employees of the office of the treasurer of state who are exempt from collective bargaining coverage may be granted a merit pay supplement of up to one and one-half per cent of their step rate. The rate at which this supplement is granted shall be based on performance standards established by the treasurer of state. Any supplements granted under this division shall be administered on an annual basis.
Sec. 124.183. (A) As used in this section, "active payroll" means when an employee is actively working; on military, worker's workers' compensation, occupational injury, or disability leave; or on an approved leave of absence.
(B)(1) Each permanent employee paid under in accordance with schedule E-1 of section 124.152 of the Revised Code who was appointed on or before March 6, 2003, and is remains continuously on the active payroll as of through November 14, 2004, shall receive a one-time pay supplement. The supplement shall be a two per cent lump sum payment that is based on the annualization of the top step of the pay range in schedule E-1 that the employee is in on November 14, 2004.
(2) Each permanent employee paid in accordance with schedule E-1 for step seven only of section 124.152 of the Revised Code who was appointed on or before March 6, 2003, and remains continuously on the active payroll through November 14, 2004, shall receive a one-time pay supplement. The supplement shall be a two per cent lump sum payment that is based on the annualization of step 6 of the pay range in schedule E-1 of section 124.152 of the Revised Code that corresponds with the pay range in schedule E-1 for step seven only that the employee is in on November 14, 2004.
(3) Each permanent employee paid under schedule E-2 of section 124.152 of the Revised Code who was appointed on or before March 6, 2003, and is remains continuously on the active payroll as of through November 14, 2004, shall receive a one-time pay supplement. The supplement shall be a two per cent lump sum payment that is based upon the annualization of the maximum hourly rate of the pay range in schedule E-2 that the employee is in on November 14, 2004.
(C) Each permanent employee who is exempt from collective bargaining, is not covered by division (B) of this section, was appointed on or before March 6, 2003, and is remains continuously on the active payroll as of through November 14, 2004, shall receive a one-time pay supplement. The supplement shall be a two per cent lump sum payment that is based upon the annualization of the base rate of the employee's pay on November 14, 2004.
(D) A part-time employee who is eligible to receive a one-time pay supplement under division (B) or (C) of this section shall have the employee's one-time pay supplement pro-rated based on the number of hours worked in the twenty-six pay periods prior to November 14, 2004.
An employee who is eligible to receive a one-time pay supplement under division (B) or (C) of this section and was on a voluntary leave of absence shall have the employee's one-time pay supplement pro-rated based on the number of hours worked in the twenty-six pay periods prior to November 14, 2004.
(E) A one-time pay supplement under this section shall be paid in the employee's first paycheck in December of 2004.
(F) Notwithstanding any provision of law to the contrary, a one-time pay supplement under this section shall not be subject to withholding for deposit into any state retirement system. Notwithstanding any provision of law to the contrary, a one-time pay supplement under this section shall not be used for calculation purposes in determining an employee's retirement benefits in any state retirement system.
(G)(1) This section does not apply to employees of the general assembly, legislative agencies, or the supreme court, or state boards or commissions.
(2) This section does not apply to employees of the secretary of state, the auditor of state, the treasurer of state, or the attorney general unless the secretary of state, the auditor of state, the treasurer of state, or the attorney general decides that the office's employees should be eligible for the one-time pay supplement and so notifies the director of administrative services in writing on or before July 1, 2004.
Sec. 124.382. (A) As used in this section and sections 124.383, 124.386, 124.387, and 124.388 of the Revised Code:
(1) "Base pay period" means the pay period that includes the first day of December.
(2) "Pay period" means the fourteen-day period of time during which the payroll is accumulated, as determined by the director of administrative services.
(3) "Active pay status" means the conditions under which an employee is eligible to receive pay, and includes, but is not limited to, vacation leave, sick leave, personal leave, bereavement leave, and administrative leave.
(4) "No pay status" means the conditions under which an
employee is ineligible to receive pay, and includes, but is not
limited to, leave without pay, leave of absence, and disability
leave.
(5) "Disability leave" means the leave granted pursuant to section 124.385 of the Revised Code.
(6) "Full-time permanent employee" means an employee whose
regular hours of duty total eighty hours in a pay period in a
state agency, and whose appointment is not for a limited period
of time.
(7) "Base rate of pay" means the rate of pay established under schedule B or C of section 124.15 of the Revised Code or under schedule E-1, schedule E-1 for step seven only, or schedule E-2 of section 124.152 of the Revised Code, plus any supplement provided under section 124.181 of the Revised Code, plus any supplements enacted into law which are added to schedule B or C of section 124.15 of the Revised Code or to schedule E-1, schedule E-1 for step seven only, or schedule E-2 of section 124.152 of the Revised Code.
(8) "Part-time permanent employee" means an employee whose regular hours of duty total less than eighty hours in a pay period in a state agency and whose appointment is not for a limited period of time.
(B) Each full-time permanent and part-time permanent employee whose salary or wage is paid directly by warrant of the auditor of state shall be credited with sick leave of three and one-tenth hours for each completed eighty hours of service, excluding overtime hours worked.
(C) Any sick leave credit provided pursuant to division (B) of this section, remaining as of the last day of the pay period preceding the next succeeding base pay period, shall be converted pursuant to section 124.383 of the Revised Code.
(D) Employees may use sick leave, provided a credit
balance is available, upon approval of the responsible
administrative officer of the employing unit, for absence due to
personal illness, pregnancy, injury, exposure to contagious
disease which that could be communicated to other employees, and to
illness, injury, or death in the employee's immediate family.
When sick leave is used, it shall be deducted from the employee's
credit on the basis of absence from previously scheduled work in
such increments of an hour and at such a compensation rate as the
director of administrative services determines. The appointing
authority of each employing unit may require an employee to furnish a
satisfactory, signed statement to justify the use of sick leave.
If, after having utilized the credit provided by this section, an employee utilizes sick leave that was accumulated prior to November 15, 1981, compensation for such sick leave used shall be at a rate as the director determines.
(E)(1) The previously accumulated sick leave balance of an
employee who has been separated from the public service, for
which separation payments pursuant to the provisions of section
124.384 of the Revised Code have not been made, shall be placed
to the employee's credit upon the employee's reemployment in the public
service, if
the reemployment takes place within ten years of the date on
which the employee was last terminated from public service.
(2) The previously accumulated sick leave balance of an employee who has separated from a school district shall be placed to the employee's credit upon the employee's appointment as an unclassified employee of the state department of education, if all of the following apply:
(a) The employee accumulated the sick leave balance while
employed by the school district;.
(b) The employee did not receive any separation payments for
the sick leave balance;.
(c) The employee's employment with the department takes place within ten years after the date on which the employee separated from the school district.
(F) An employee who transfers from one public agency to another shall be credited with the unused balance of the employee's accumulated sick leave.
(G) The director of administrative services shall establish procedures to uniformly administer this section. No sick leave may be granted to a state employee upon or after the employee's retirement or termination of employment.
Sec. 126.32. (A) Any officer of any state agency may authorize reimbursement for travel, including the costs of transportation, for lodging, and for meals to any person who is interviewing for a position that is classified in pay range 13 or above in schedule E-1 or schedule E-1 for step seven only, or is classified in schedule E-2, of section 124.152 of the Revised Code.
(B) If a person is appointed to a position listed in section 121.03 of the Revised Code, to the position of chairperson of the industrial commission, adjutant general, chancellor of the Ohio board of regents, superintendent of public instruction, chairperson of the public utilities commission of Ohio, or director of the state lottery commission, to a position holding a fiduciary relationship to the governor, to a position of an appointing authority of the department of mental health, mental retardation and developmental disabilities, or rehabilitation and correction, to a position of superintendent in the department of youth services, or to a position under section 122.05 of the Revised Code, and if that appointment requires a permanent change of residence, the appropriate state agency may reimburse the person for the person's actual and necessary expenses, including the cost of in-transit storage of household goods and personal effects, of moving the person and members of the person's immediate family residing in the person's household, and of moving their household goods and personal effects, to the person's new location.
Until that person moves the person's permanent residence to the new location, but not for a period that exceeds thirty consecutive days, the state agency may reimburse the person for the person's temporary living expenses at the new location that the person has incurred on behalf of the person and members of the person's immediate family residing in the person's household. In addition, the state agency may reimburse that person for the person's travel expenses between the new location and the person's former residence during this period for a maximum number of trips specified by rule of the director of budget and management, but the state agency shall not reimburse the person for travel expenses incurred for those trips by members of the person's immediate family. With the prior written approval of the director, the maximum thirty-day period for temporary living expenses may be extended for a person appointed to a position under section 122.05 of the Revised Code.
The director of development may reimburse a person appointed to a position under section 122.05 of the Revised Code for the person's actual and necessary expenses of moving the person and members of the person's immediate family residing in the person's household back to the United States and may reimburse a person appointed to such a position for the cost of storage of household goods and personal effects of the person and the person's immediate family while the person is serving outside the United States, if the person's office outside the United States is the person's primary job location.
(C) All reimbursement under division (A) or (B) of this section shall be made in the manner, and at rates that do not exceed those, provided by rule of the director of budget and management in accordance with section 111.15 of the Revised Code. Reimbursements may be made under division (B) of this section directly to the persons who incurred the expenses or directly to the providers of goods or services the persons receive, as determined by the director of budget and management.
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 that represent the portion of investment earnings to be rebated or to be paid to the federal government in order to maintain the exclusion from gross income for federal income tax purposes of interest on those obligations pursuant to section 148(f) of the Internal Revenue Code, 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. 175.21. (A) The low- and moderate-income housing trust fund is hereby created in the state treasury. The fund shall consist of all appropriations made to the fund, housing trust fund fees collected by county recorders pursuant to section 317.36 of the Revised Code and deposited into the fund pursuant to section 319.63 of the Revised Code, and all grants, gifts, loan repayments, and contributions of money made from any source to the department of development for deposit in the fund. All investment earnings of the fund shall be credited to the fund. The director of development shall allocate a portion of the money in the fund to an account of the Ohio housing finance agency. The department shall administer the fund. The agency shall use money allocated to it in the fund for implementing and administering its programs and duties under sections 175.22 and 175.24 of the Revised Code, and the department shall use the remaining money in the fund for implementing and administering its programs and duties under sections 175.22 to 175.25 of the Revised Code. Use of all money in the fund is subject to the following restrictions:
(1) Not more than six per cent of any current year appropriation authority for the fund shall be used for the transitional and permanent housing program to make grants to municipal corporations, counties, townships, and nonprofit organizations for the acquisition, rehabilitation, renovation, construction, conversion, operation, and cost of supportive services for new and existing transitional and permanent housing for homeless persons.
(2)(a) Not more than five per cent of any current year appropriation authority for the fund shall be used for grants and loans to community development corporations and the Ohio community development finance fund, a private nonprofit corporation.
(b) In any year in which the amount in the fund exceeds one hundred thousand dollars, not less than one hundred thousand dollars shall be used to provide training, technical assistance, and capacity building assistance to nonprofit development organizations in areas of the state the director designates as underserved.
(c) For monies awarded in any fiscal year, priority shall be given to proposals submitted by nonprofit development organizations from areas of the state the director designates as underserved.
(3) Not more than seven per cent of any current year appropriation authority for the fund shall be used for the emergency shelter housing grants program to make grants to private, nonprofit organizations and municipal corporations, counties, and townships for emergency shelter housing for the homeless. The grants shall be distributed pursuant to rules the director adopts and qualify as matching funds for funds obtained pursuant to the McKinney Act, 101 Stat. 85 (1987), 42 U.S.C.A. 11371 to 11378.
(4) In any fiscal year in which the amount in the fund exceeds the amount awarded pursuant to division (A)(2)(b) of this section by at least two hundred fifty thousand dollars, at least two hundred fifty thousand dollars from the fund shall be provided to the department of aging for the resident services coordinator program.
(5) Of all money in current year appropriation authority for the fund:
(a) Not, not more than five per cent shall be used for administration.
(b)(6) Not less than forty-five
per cent of the
funds awarded during any one fiscal
year shall be for grants
and loans to nonprofit
organizations under section
175.22 of the
Revised Code.
(c)(7) Not less
than
fifty per
cent of
the
funds awarded
during any one fiscal year, excluding the amounts awarded pursuant to divisions (A)(1), (A)(2), and (A)(3) of this section,
shall be
for grants and loans
for activities
that
provide
housing
and housing assistance to
families and
individuals
in
rural areas
and small cities that
are not
eligible to
participate
as a
participating
jurisdiction under the "HOME
Investment Partnerships
Act," 104
Stat. 4094 (1990), 42 U.S.C.
12701 note, 12721.
(d)(8) No money in the
fund
shall be used to pay
for
any legal services other than the
usual
and customary legal
services
associated with the acquisition
of
housing.
(6)(9) Except as
otherwise provided
by
the director
under
division (B) of this
section, money in the fund may be used
as
matching money for
federal funds received by the state,
counties,
municipal
corporations, and townships for the
activities listed in
section
175.22 of the Revised Code.
(B) If after the second quarter of any year it appears to the director that the full amount of the money in the fund designated in that year for activities that provide housing and housing assistance to families and individuals in rural areas and small cities under division (A) of this section will not be used for that purpose, the director may reallocate all or a portion of that amount for other housing activities. In determining whether or how to reallocate money under this division, the director may consult with and shall receive advice from the housing trust fund advisory committee.
Sec. 1503.05. (A) The chief of the division of forestry may sell timber and other forest products from the state forest and state forest nurseries whenever the chief considers such a sale desirable and, with the approval of the attorney general and the director of natural resources, may sell portions of the state forest lands when such a sale is advantageous to the state.
(B) Except as otherwise provided in this section, a timber sale agreement shall not be executed unless the person or governmental entity bidding on the sale executes and files a surety bond conditioned on completion of the timber sale in accordance with the terms of the agreement in an amount equal to twenty-five per cent of the highest value cutting section. All bonds shall be given in a form prescribed by the chief and shall run to the state as obligee.
The chief shall not approve any bond until it is personally signed and acknowledged by both principal and surety, or as to either by the attorney in fact thereof, with a certified copy of the power of attorney attached. The chief shall not approve the bond unless there is attached a certificate of the superintendent of insurance that the company is authorized to transact a fidelity and surety business in this state.
In lieu of a bond, the bidder may deposit any of the following:
(1) Cash in an amount equal to the amount of the bond;
(2) United States government securities having a par value equal to or greater than the amount of the bond;
(3) Negotiable certificates of deposit or irrevocable letters of credit issued by any bank organized or transacting business in this state having a par value equal to or greater than the amount of the bond.
The cash or securities shall be deposited on the same terms as bonds. If one or more certificates of deposit are deposited in lieu of a bond, the chief shall require the bank that issued any of the certificates to pledge securities of the aggregate market value equal to the amount of the certificate or certificates that is in excess of the amount insured by the federal deposit insurance corporation. The securities to be pledged shall be those designated as eligible under section 135.18 of the Revised Code. The securities shall be security for the repayment of the certificate or certificates of deposit.
Immediately upon a deposit of cash, securities, certificates of deposit, or letters of credit, the chief shall deliver them to the treasurer of state, who shall hold them in trust for the purposes for which they have been deposited. The treasurer of state is responsible for the safekeeping of the deposits. A bidder making a deposit of cash, securities, certificates of deposit, or letters of credit may withdraw and receive from the treasurer of state, on the written order of the chief, all or any portion of the cash, securities, certificates of deposit, or letters of credit upon depositing with the treasurer of state cash, other United States government securities, or other negotiable certificates of deposit or irrevocable letters of credit issued by any bank organized or transacting business in this state, equal in par value to the par value of the cash, securities, certificates of deposit, or letters of credit withdrawn.
A bidder may demand and receive from the treasurer of state all interest or other income from any such securities or certificates as it becomes due. If securities so deposited with and in the possession of the treasurer of state mature or are called for payment by their issuer, the treasurer of state, at the request of the bidder who deposited them, shall convert the proceeds of the redemption or payment of the securities into other United States government securities, negotiable certificates of deposit, or cash as the bidder designates.
When the chief finds that a person or governmental agency has failed to comply with the conditions of the person's or governmental agency's bond, the chief shall make a finding of that fact and declare the bond, cash, securities, certificates, or letters of credit forfeited. The chief thereupon shall certify the total forfeiture to the attorney general, who shall proceed to collect the amount of the bond, cash, securities, certificates, or letters of credit.
In lieu of total forfeiture, the surety, at its option, may cause the timber sale to be completed or pay to the treasurer of state the cost thereof.
All moneys collected as a result of forfeitures of bonds, cash, securities, certificates, and letters of credit under this section shall be credited to the state forest fund created in this section.
(C) The chief may grant easements and leases on portions of the state forest lands and state forest nurseries under terms that are advantageous to the state, and the chief may grant mineral rights on a royalty basis on those lands and nurseries, with the approval of the attorney general and the director.
(D) All moneys received from the sale of state forest lands, or
in payment for easements or leases on or as rents from
those
lands or from state forest nurseries, shall be paid into the state
treasury to the credit of the
state forest fund, which is hereby created. All moneys received
from the sale of standing timber taken from the state forest
lands shall be deposited into the state treasury. Twenty-five per cent of the moneys so deposited shall be credited to the state forest fund. Seventy-five per cent of the moneys so deposited shall be credited to the general revenue fund. All In addition, all moneys received
from the sale of reforestation tree stock, from the sale of forest products, other than
standing timber, and from the sale of minerals taken from the state forest lands and state
forest nurseries,
together with royalties from mineral rights, shall be paid into
the state treasury to the credit of the state forest fund. Any other revenues derived from the operation of the state forests and related facilities or equipment also shall be paid into the state treasury to the credit of the state forest fund, as shall any other moneys required by law to be deposited in the fund.
The state forest fund shall not be expended for any purpose other than the administration, operation, maintenance, development, or utilization of the state forests, forest nurseries, and forest programs, for facilities or equipment incident to them, or for the further purchase of lands for state forest or forest nursery purposes.
All moneys received from the sale of standing timber taken from state forest lands and state forest nurseries shall be deposited into the state treasury to the credit of the forestry holding account redistribution fund, which is hereby created. The moneys shall remain in the fund until they are redistributed in accordance with this division.
At the time of making such a deposit into the state treasury to the credit of the general revenue fund The redistribution shall occur at least once each year. To begin the redistribution, the chief first shall determine the
amount and
net value of all such standing timber sold from state forest lands and state forest
nurseries, together with the amount of the total sale proceeds, in
each county, in each township within the county, and in each school district
within the county. Afterward the
chief shall send to each county treasurer a copy of the
determination and shall provide for payment to the county
treasurer, The chief next shall determine the amount of the direct costs that the division of forestry incurred in association with the sale of that standing timber. The amount of the direct costs shall be subtracted from the amount of the total sale proceeds and shall be transferred from the forestry holding account redistribution fund to the state forest fund.
The remaining amount of the total sale proceeds equals the net value of the standing timber that was sold. The chief shall determine the net value of standing timber sold from state forest lands and state forest nurseries in each county, in each township within the county, and in each school district within the county and shall send to each county treasurer a copy of the determination at the time that moneys are paid to the county treasurer under this division.
Twenty-five per cent of the net value of standing timber sold from state forest lands and state forest nurseries located in a county shall be transferred from the forestry holding account redistribution fund to the state forest fund. Ten per cent of that net value shall be transferred from the forestry holding account redistribution fund to the general revenue fund. The remaining sixty-five per cent of the net value shall be transferred from the forestry holding account redistribution fund and paid to the county treasurer for the use of the general fund of that county from
the amount so received as provided in this division, an amount equal
to sixty-five per cent of the net value of the standing timber sold from lands and nurseries located in that county. The
The county auditor shall do all of the following:
(1) Retain for the use of the general fund of the county one-fourth of the amount received by the county under division (D) of this section;
(2) Pay into the general fund of any township located within the county and containing such lands and nurseries one-fourth of the amount received by the county from standing timber sold from lands and nurseries located in the township;
(3) Request the board of education of any school district located within the county and containing such lands and nurseries to identify which fund or funds of the district should receive the moneys available to the school district under division (D)(3) of this section. After receiving notice from the board, the county auditor shall pay into the fund or funds so identified one-half of the amount received by the county from standing timber sold from lands and nurseries located in the school district, distributed proportionately as identified by the board.
The division of forestry shall not
supply logs, lumber, or other forest products or minerals, taken
from the state forest lands or state forest nurseries, to any other
agency or subdivision
of the state unless payment is made therefor in the amount of the
actual prevailing value thereof. This section is applicable to
the moneys so received. All moneys received from the sale of
reforestation tree stock or other revenues derived from the
operation of the state forests, facilities, or equipment shall be
paid into the state forest fund.
The fund shall not be expended for any purpose other than
the administration, operation, maintenance, development, or
utilization of the state forests, forest nurseries, and forest
programs, for facilities or equipment incident to them,
or for
the further purchase of lands for state forest or forest nursery
purposes.
Sec. 3311.059. The procedure prescribed in this section may be used in lieu of a transfer prescribed under section 3311.231 of the Revised Code.
(A) Subject to divisions (B) and (C) of this section, a board of education of a local school district may by a resolution approved by a majority of all its members propose to sever that local school district from the territory of the educational service center in which the local school district is currently included and to instead annex the local school district to the territory of another educational service center, the current territory of which is adjacent to the territory of the educational service center in which the local school district is currently included. The resolution shall promptly be filed with the governing board of each educational service center affected by the resolution and with the superintendent of public instruction.
(B) The resolution adopted under division (A) of this section shall not be effective unless it is approved by both the governing board of the educational service center to which the board of education proposes to annex the local school district and the state board of education. In deciding whether to approve the resolution, the state board shall consider the impact of an annexation on both the school district and the educational service center to which the district is proposed to be annexed, including the ability of that service center to deliver services in a cost-effective and efficient manner. The severance of the local school district from one educational service center and its annexation to another educational service center under this section shall not be effective until one year after the first day of July following the later of the date that the governing board of the educational service center to which the local school district is proposed to be annexed state board of education approves the resolution or the date the board of elections certifies the results of the referendum election as provided in division (C) of this section.
(C) Within sixty days following the date of the adoption of the resolution under division (A) of this section, the electors of the local school district may petition for a referendum vote on the resolution. The question whether to approve or disapprove the resolution shall be submitted to the electors of such school district if a number of qualified electors equal to twenty per cent of the number of electors in the school district who voted for the office of governor at the most recent general election for that office sign a petition asking that the question of whether the resolution shall be disapproved be submitted to the electors. The petition shall be filed with the board of elections of the county in which the school district is located. If the school district is located in more than one county, the petition shall be filed with the board of elections of the county in which the majority of the territory of the school district is located. The board shall certify the validity and sufficiency of the signatures on the petition.
The board of elections shall immediately notify the board of education of the local school district and the governing board of each educational service center affected by the resolution that the petition has been filed.
The effect of the resolution shall be stayed until the board of elections certifies the validity and sufficiency of the signatures on the petition. If the board of elections determines that the petition does not contain a sufficient number of valid signatures and sixty days have passed since the adoption of the resolution, the resolution shall become effective as provided in division (B) of this section.
If the board of elections certifies that the petition contains a sufficient number of valid signatures, the board shall submit the question to the qualified electors of the school district on the day of the next general or primary election held at least seventy-five days after the board of elections certifies the validity and sufficiency of signatures on the petition. The election shall be conducted and canvassed and the results shall be certified in the same manner as in regular elections for the election of members of a board of education.
If a majority of the electors voting on the question disapprove the resolution, the resolution shall not become effective. If a majority of the electors voting on the question approve the resolution, the resolution shall become effective as provided in division (B) of this section.
(D) Upon the effective date of the severance of the local school district from one educational service center and its annexation to another educational service center as provided in division (B) of this section, the governing board of each educational service center shall take such steps for the election of members of the governing board and for organization of the governing board as prescribed in Chapter 3313. of the Revised Code.
(E) If a school district is severed from one educational service center and annexed to another service center under this section, the board of education of that school district shall not propose a subsequent severance and annexation action under this section that would be effective sooner than five years after the effective date of the next previous severance and annexation action under this section.
Sec. 3327.01. Notwithstanding division (D) of section 3311.19 and division (D) of section 3311.52 of the Revised Code, this section and sections 3327.011, 3327.012, and 3327.02 of the Revised Code do not apply to any joint vocational or cooperative education school district.
In all city, local, and exempted village school districts where resident school pupils in grades kindergarten through eight live more than two miles from the school for which the state board of education prescribes minimum standards pursuant to division (D) of section 3301.07 of the Revised Code and to which they are assigned by the board of education of the district of residence or to and from the nonpublic or community school which they attend the board of education shall provide transportation for such pupils to and from such school except as provided in section 3327.02 of the Revised Code.
In all city, local, and exempted village school districts the board may provide transportation for resident school pupils in grades nine through twelve to and from the high school to which they are assigned by the board of education of the district of residence or to and from the nonpublic or community high school which they attend for which the state board of education prescribes minimum standards pursuant to division (D) of section 3301.07 of the Revised Code.
A board of education shall not be required to transport
elementary or high school pupils to and from a
nonpublic or community school
where such transportation would
require more than thirty minutes
of direct travel time as measured
by school bus from the
collection point public school building to which the pupils would be assigned if attending the public school designated by the
district of residence.
Where it is impractical to transport a pupil by school conveyance, a board of education may offer payment, in lieu of providing such transportation in accordance with section 3327.02 of the Revised Code.
In all city, local, and exempted village school districts the board shall provide transportation for all children who are so crippled that they are unable to walk to and from the school for which the state board of education prescribes minimum standards pursuant to division (D) of section 3301.07 of the Revised Code and which they attend. In case of dispute whether the child is able to walk to and from the school, the health commissioner shall be the judge of such ability. In all city, exempted village, and local school districts the board shall provide transportation to and from school or special education classes for educable mentally retarded children in accordance with standards adopted by the state board of education.
When transportation of pupils is provided the conveyance shall be run on a time schedule that shall be adopted and put in force by the board not later than ten days after the beginning of the school term.
The cost of any transportation service authorized by this section shall be paid first out of federal funds, if any, available for the purpose of pupil transportation, and secondly out of state appropriations, in accordance with regulations adopted by the state board of education.
No transportation of any pupils shall be provided by any board of education to or from any school which in the selection of pupils, faculty members, or employees, practices discrimination against any person on the grounds of race, color, religion, or national origin.
Sec. 3334.01. As used in this chapter:
(A) "Aggregate original principal amount" means the aggregate of the initial offering prices to the public of college savings bonds, exclusive of accrued interest, if any. "Aggregate original principal amount" does not mean the aggregate accreted amount payable at maturity or redemption of such bonds.
(B) "Beneficiary" means:
(1) An individual designated by the purchaser under a tuition payment contract or through a scholarship program as the individual on whose behalf tuition credits purchased under the contract or awarded through the scholarship program will be applied toward the payment of undergraduate, graduate, or professional tuition; or
(2) An individual designated by the contributor under a variable college savings program contract as the individual whose tuition and other higher education expenses will be paid from a variable college savings program account.
(C) "Capital appreciation bond" means a bond for which the following is true:
(1) The principal amount is less than the amount payable at maturity or early redemption; and
(2) No interest is payable on a current basis.
(D) "Tuition credit" means a credit of the Ohio tuition trust authority purchased under section 3334.09 of the Revised Code.
(E) "College savings bonds" means revenue and other obligations issued on behalf of the state or any agency or issuing authority thereof as a zero-coupon or capital appreciation bond, and designated as college savings bonds as provided in this chapter. "College savings bond issue" means any issue of bonds of which any part has been designated as college savings bonds.
(F) "Institution of higher education" means a state institution of higher education, a private college, university, or other postsecondary 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 career colleges and schools under Chapter 3332. of the Revised Code, or an accredited college, university, or other postsecondary institution located outside this state that is accredited by an accrediting organization or professional association recognized by the authority. To be considered an institution of higher education, an institution shall meet the definition of an eligible educational institution under section 529 of the Internal Revenue Code.
(G) "Issuing authority" means any authority, commission, body, agency, or individual empowered by the Ohio Constitution or the Revised Code to issue bonds or any other debt obligation of the state or any agency or department thereof. "Issuer" means the issuing authority or, if so designated under division (B) of section 3334.04 of the Revised Code, the treasurer of state.
(H) "Tuition" means the charges imposed to attend an institution of higher education as an undergraduate, graduate, or professional student and all fees required as a condition of enrollment, as determined by the Ohio tuition trust authority. "Tuition" does not include laboratory fees, room and board, or other similar fees and charges.
(I) "Weighted average tuition" means the tuition cost resulting from the following calculation:
(1) Add the products of the annual undergraduate tuition charged to Ohio residents at each four-year state university multiplied by that institution's total number of undergraduate fiscal year equated students; and
(2) Divide the gross total of the products from division (I)(1) of this section by the total number of undergraduate fiscal year equated students attending four-year state universities.
When making this calculation, the "annual undergraduate tuition charged to Ohio residents" shall not incorporate any tuition reductions that vary in amount among individual recipients and that are awarded to Ohio residents based upon their particular circumstances, beyond any minimum amount awarded uniformly to all Ohio residents. In addition, any tuition reductions awarded uniformly to all Ohio residents shall be incorporated into this calculation.
(J) "Zero-coupon bond" means a bond which has a stated interest rate of zero per cent and on which no interest is payable until the maturity or early redemption of the bond, and is offered at a substantial discount from its original stated principal amount.
(K) "State institution of higher education" includes 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, state community colleges created pursuant to Chapter 3358. of the Revised Code, the medical college of Ohio at Toledo, and the northeastern Ohio universities college of medicine.
(L) "Four-year state university" means those state universities listed in section 3345.011 of the Revised Code.
(M) "Principal amount" refers to the initial offering price to the public of an obligation, exclusive of the accrued interest, if any. "Principal amount" does not refer to the aggregate accreted amount payable at maturity or redemption of an obligation.
(N) "Scholarship program" means a program registered with the Ohio tuition trust authority pursuant to section 3334.17 of the Revised Code.
(O) "Internal Revenue Code" means the "Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 1 et seq., as amended.
(P) "Other higher education expenses" means room and board and books, supplies, equipment, and nontuition-related fees associated with the cost of attendance of a beneficiary at an institution of higher education, but only to the extent that such expenses meet the definition of "qualified higher education expenses" under section 529 of the Internal Revenue Code. "Other higher education expenses" does not include tuition as defined in division (H) of this section.
(Q) "Purchaser" means the person signing the tuition payment contract, who controls the account and acquires tuition credits for an account under the terms and conditions of the contract.
(R) "Contributor" means a person who signs a variable college savings program contract with the Ohio tuition trust authority and contributes to and owns the account created under the contract.
(S) "Contribution" means any payment directly allocated to an account for the benefit of the designated beneficiary of the account.
Sec. 3383.09. (A) There is hereby created in the state
treasury the arts and sports facilities building fund, which shall consist of
proceeds of obligations authorized to pay costs of Ohio arts facilities
projects and Ohio sports facilities for which appropriations are made by the general
assembly. All investment earnings of the fund shall be credited to
the fund.
(B) There is hereby created in the state treasury the
sports
facilities building fund, which shall consist of proceeds
of
obligations authorized to pay costs of sports facilities
projects
for which appropriations are made by the general
assembly. All
investment earnings of the fund shall be credited to
the fund.
(C) The director of budget and management may transfer, to
the Ohio arts and sports facilities commission administration
fund, investment earnings credited to the arts facilities building
fund and the sports facilities building fund that exceed the
amounts required to meet estimated federal arbitrage rebate
requirements when requested of the director of budget and
management by the chairperson or executive director of the
commission.
Sec. 3701.881. (A) As used in this section:
(1) "Applicant" means both of the following:
(a) A person who is under final consideration for appointment or employment with a home health agency in a position as a person responsible for the care, custody, or control of a child;
(b) A person who is under final consideration for employment with a home health agency in a full-time, part-time, or temporary position that involves providing direct care to an older adult. With regard to persons providing direct care to older adults, "applicant" does not include a person who provides direct care as a volunteer without receiving or expecting to receive any form of remuneration other than reimbursement for actual expenses.
(2) "Criminal records check" and "older adult" have the same meanings as in section 109.572 of the Revised Code.
(3) "Home health agency" means a person or government entity, other than a nursing home, residential care facility, or hospice care program, that has the primary function of providing any of the following services to a patient at a place of residence used as the patient's home:
(a) Skilled nursing care;
(b) Physical therapy;
(c) Speech-language pathology;
(d) Occupational therapy;
(e) Medical social services;
(f) Home health aide services.
(4) "Home health aide services" means any of the following services provided by an individual employed with or contracted for by a home health agency:
(a) Hands-on bathing or assistance with a tub bath or shower;
(b) Assistance with dressing, ambulation, and toileting;
(c) Catheter care but not insertion;
(d) Meal preparation and feeding.
(5) "Hospice care program" has the same meaning as in section 3712.01 of the Revised Code.
(6) "Medical social services" means services provided by a social worker under the direction of a patient's attending physician.
(7) "Minor drug possession offense" has the same meaning as in section 2925.01 of the Revised Code.
(8) "Nursing home," "residential care facility," and "skilled nursing care" have the same meanings as in section 3721.01 of the Revised Code.
(9) "Occupational therapy" has the same meaning as in section 4755.01 of the Revised Code.
(10) "Physical therapy" has the same meaning as in section 4755.40 of the Revised Code.
(11) "Social worker" means a person licensed under Chapter 4757. of the Revised Code to practice as a social worker or independent social worker.
(12) "Speech-language pathology" has the same meaning as in section 4753.01 of the Revised Code.
(B)(1) Except as provided in division (I) of this section, the chief administrator of a home health agency shall request the superintendent of the bureau of criminal identification and investigation to conduct a criminal records check with respect to each applicant. If the position may involve both responsibility for the care, custody, or control of a child and provision of direct care to an older adult, the chief administrator shall request that the superintendent conduct a single criminal records check for the applicant. If an applicant for whom a criminal records check request is required under this division does not present proof of having been a resident of this state for the five-year period immediately prior to the date upon which the criminal records check is requested or does not provide evidence that within that five-year period the superintendent has requested information about the applicant from the federal bureau of investigation in a criminal records check, the chief administrator shall request that the superintendent obtain information from the federal bureau of investigation as a part of the criminal records check for the applicant. Even if an applicant for whom a criminal records check request is required under this division presents proof that the applicant has been a resident of this state for that five-year period, the chief administrator may request that the superintendent include information from the federal bureau of investigation in the criminal records check.
(2) Any person required by division (B)(1) of this section to request a criminal records check shall provide to each applicant for whom a criminal records check request is required under that division a copy of the form prescribed pursuant to division (C)(1) of section 109.572 of the Revised Code and a standard impression sheet prescribed pursuant to division (C)(2) of section 109.572 of the Revised Code, obtain the completed form and impression sheet from each applicant, and forward the completed form and impression sheet to the superintendent of the bureau of criminal identification and investigation at the time the chief administrator requests a criminal records check pursuant to division (B)(1) of this section.
(3) An applicant who receives pursuant to division (B)(2) of this section a copy of the form prescribed pursuant to division (C)(1) of section 109.572 of the Revised Code and a copy of an impression sheet prescribed pursuant to division (C)(2) of that section and who is requested to complete the form and provide a set of fingerprint impressions shall complete the form or provide all the information necessary to complete the form and shall provide the impression sheets with the impressions of the applicant's fingerprints. If an applicant, upon request, fails to provide the information necessary to complete the form or fails to provide fingerprint impressions, the home health agency shall not employ that applicant for any position for which a criminal records check is required by division (B)(1) of this section.
(C)(1) Except as provided in rules adopted by the department of health in accordance with division (F) of this section and subject to division (C)(3) of this section, no home health agency shall employ a person as a person responsible for the care, custody, or control of a child if the person previously has been convicted of or pleaded guilty to any of the following:
(a) A violation of section 2903.01, 2903.02, 2903.03, 2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code, a violation of section 2905.04 of the Revised Code as it existed prior to July 1, 1996, a violation of section 2919.23 of the Revised Code that would have been a violation of section 2905.04 of the Revised Code as it existed prior to July 1, 1996, had the violation been committed prior to that date, a violation of section 2925.11 of the Revised Code that is not a minor drug possession offense, or felonious sexual penetration in violation of former section 2907.12 of the Revised Code;
(b) A violation of an existing or former law of this state, any other state, or the United States that is substantially equivalent to any of the offenses listed in division (C)(1)(a) of this section.
(2) Except as provided in rules adopted by the department of health in accordance with division (F) of this section and subject to division (C)(3) of this section, no home health agency shall employ a person in a position that involves providing direct care to an older adult if the person previously has been convicted of or pleaded guilty to any of the following:
(a) A violation of section 2903.01, 2903.02, 2903.03, 2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21, 2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13, 2925.22, 2925.23, or 3716.11 of the Revised Code.
(b) A violation of an existing or former law of this state, any other state, or the United States that is substantially equivalent to any of the offenses listed in division (C)(2)(a) of this section.
(3)(a) A home health agency may employ conditionally an applicant for whom a criminal records check request is required under division (B) of this section as a person responsible for the care, custody, or control of a child until the criminal records check regarding the applicant required by this section is completed and the agency receives the results of the criminal records check. If the results of the criminal records check indicate that, pursuant to division (C)(1) of this section, the applicant does not qualify for employment, the agency shall release the applicant from employment unless the agency chooses to employ the applicant pursuant to division (F) of this section.
(b)(i) A home health agency may employ conditionally an applicant for whom a criminal records check request is required under division (B) of this section in a position that involves providing direct care to an older adult or in a position that involves both responsibility for the care, custody, and control of a child and the provision of direct care to older adults prior to obtaining the results of a criminal records check regarding the individual, provided that the agency shall request a criminal records check regarding the individual in accordance with division (B)(1) of this section not later than five business days after the individual begins conditional employment. In the circumstances described in division (I)(2) of this section, a home health agency may employ conditionally in a position that involves providing direct care to an older adult an applicant who has been referred to the home health agency by an employment service that supplies full-time, part-time, or temporary staff for positions involving the direct care of older adults and for whom, pursuant to that division, a criminal records check is not required under division (B) of this section. In the circumstances described in division (I)(4) of this section, a home health agency may employ conditionally in a position that involves both responsibility for the care, custody, and control of a child and the provision of direct care to older adults an applicant who has been referred to the home health agency by an employment service that supplies full-time, part-time, or temporary staff for positions involving both responsibility for the care, custody, and control of a child and the provision of direct care to older adults and for whom, pursuant to that division, a criminal records check is not required under division (B) of this section.
(ii) A home health agency that
employs an individual conditionally under authority of division
(C)(3)(b)(i)
of this section
shall terminate the
individual's employment if the results of the criminal records
check requested under division (B)(1) of this section or described
in division (I)(2) or (4) of this section, other than the results
of any request for information from
the federal bureau of investigation,
are not obtained within the period ending sixty thirty days after the date the
request is made. Regardless of when the results of the criminal
records check are obtained,
if
the individual was employed conditionally in a position
that involves the provision of direct care to older adults and
the results indicate that the individual has been convicted of
or pleaded guilty to any of the offenses listed or described in
division (C)(2) of this
section, or if the individual was employed conditionally in a
position that involves both responsibility for the care,
custody, and control of a child and the provision of direct care
to older adults and
the results indicate that the individual has been
convicted of or
pleaded guilty to any of the offenses listed or
described in division (C)(1) or (2) of this section, the
agency
shall terminate
the individual's
employment unless the
agency chooses to employ the individual
pursuant to division (F) of
this section. Termination of employment under this division
shall be considered just cause for discharge for purposes of
division (D)(2) of section 4141.29 of the Revised Code if the individual
makes any attempt to deceive the agency about the
individual's criminal record.
(D)(1) Each home health agency shall pay to the bureau of criminal identification and investigation the fee prescribed pursuant to division (C)(3) of section 109.572 of the Revised Code for each criminal records check conducted in accordance with that section upon the request pursuant to division (B)(1) of this section of the chief administrator of the home health agency.
(2) A home health agency may charge an applicant a fee for the costs it incurs in obtaining a criminal records check under this section, unless the medical assistance program established under Chapter 5111. of the Revised Code reimburses the agency for the costs. A fee charged under division (D)(2) of this section shall not exceed the amount of fees the agency pays under division (D)(1) of this section. If a fee is charged under division (D)(2) of this section, the agency shall notify the applicant at the time of the applicant's initial application for employment of the amount of the fee and that, unless the fee is paid, the agency will not consider the applicant for employment.
(E) The report of any criminal records check conducted by the bureau of criminal identification and investigation in accordance with section 109.572 of the Revised Code and pursuant to a request made under division (B)(1) of this section is not a public record for the purposes of section 149.43 of the Revised Code and shall not be made available to any person other than the following:
(1) The individual who is the subject of the criminal records check or the individual's representative;
(2) The home health agency requesting the criminal records check or its representative;
(3) The administrator of any other facility, agency, or program that provides direct care to older adults that is owned or operated by the same entity that owns or operates the home health agency;
(4) Any court, hearing officer, or other necessary individual involved in a case dealing with a denial of employment of the applicant or dealing with employment or unemployment benefits of the applicant;
(5) Any person to whom the report is provided pursuant to, and in accordance with, division (I)(1), (2), (3), or (4) of this section.
(F) The department of health shall adopt rules in accordance with Chapter 119. of the Revised Code to implement this section. The rules shall specify circumstances under which the home health agency may employ a person who has been convicted of or pleaded guilty to an offense listed or described in division (C)(1) of this section but who meets standards in regard to rehabilitation set by the department or employ a person who has been convicted of or pleaded guilty to an offense listed or described in division (C)(2) of this section but meets personal character standards set by the department.
(G) Any person required by division (B)(1) of this section to request a criminal records check shall inform each person, at the time of initial application for employment that the person is required to provide a set of fingerprint impressions and that a criminal records check is required to be conducted and satisfactorily completed in accordance with section 109.572 of the Revised Code if the person comes under final consideration for appointment or employment as a precondition to employment for that position.
(H) In a tort or other civil action for damages that is brought as the result of an injury, death, or loss to person or property caused by an individual who a home health agency employs in a position that involves providing direct care to older adults, all of the following shall apply:
(1) If the agency employed the individual in good faith and reasonable reliance on the report of a criminal records check requested under this section, the agency shall not be found negligent solely because of its reliance on the report, even if the information in the report is determined later to have been incomplete or inaccurate;
(2) If the agency employed the individual in good faith on a conditional basis pursuant to division (C)(3)(b) of this section, the agency shall not be found negligent solely because it employed the individual prior to receiving the report of a criminal records check requested under this section;
(3) If the agency in good faith employed the individual according to the personal character standards established in rules adopted under division (F) of this section, the agency shall not be found negligent solely because the individual prior to being employed had been convicted of or pleaded guilty to an offense listed or described in division (C)(1) or (2) of this section.
(I)(1) The chief administrator of a home health agency is not required to request that the superintendent of the bureau of criminal identification and investigation conduct a criminal records check of an applicant for a position that involves the provision of direct care to older adults if the applicant has been referred to the agency by an employment service that supplies full-time, part-time, or temporary staff for positions involving the direct care of older adults and both of the following apply:
(a) The chief administrator receives from the employment service or the applicant a report of the results of a criminal records check regarding the applicant that has been conducted by the superintendent within the one-year period immediately preceding the applicant's referral;
(b) The report of the criminal records check demonstrates that the person has not been convicted of or pleaded guilty to an offense listed or described in division (C)(2) of this section, or the report demonstrates that the person has been convicted of or pleaded guilty to one or more of those offenses, but the home health agency chooses to employ the individual pursuant to division (F) of this section.
(2) The chief administrator of a home health agency is not required to request that the superintendent of the bureau of criminal identification and investigation conduct a criminal records check of an applicant for a position that involves providing direct care to older adults and may employ the applicant conditionally in a position of that nature as described in this division, if the applicant has been referred to the agency by an employment service that supplies full-time, part-time, or temporary staff for positions involving the direct care of older adults and if the chief administrator receives from the employment service or the applicant a letter from the employment service that is on the letterhead of the employment service, dated, and signed by a supervisor or another designated official of the employment service and that states that the employment service has requested the superintendent to conduct a criminal records check regarding the applicant, that the requested criminal records check will include a determination of whether the applicant has been convicted of or pleaded guilty to any offense listed or described in division (C)(2) of this section, that, as of the date set forth on the letter, the employment service had not received the results of the criminal records check, and that, when the employment service receives the results of the criminal records check, it promptly will send a copy of the results to the home health agency. If a home health agency employs an applicant conditionally in accordance with this division, the employment service, upon its receipt of the results of the criminal records check, promptly shall send a copy of the results to the home health agency, and division (C)(3)(b) of this section applies regarding the conditional employment.
(3) The chief administrator of a home health agency is not required to request that the superintendent of the bureau of criminal identification and investigation conduct a criminal records check of an applicant for a position that involves both responsibility for the care, custody, and control of a child and the provision of direct care to older adults if the applicant has been referred to the agency by an employment service that supplies full-time, part-time, or temporary staff for positions involving both responsibility for the care, custody, and control of a child and the provision of direct care to older adults and both of the following apply:
(a) The chief administrator receives from the employment service or applicant a report of a criminal records check of the type described in division (I)(1)(a) of this section;
(b) The report of the criminal records check demonstrates that the person has not been convicted of or pleaded guilty to an offense listed or described in division (C)(1) or (2) of this section, or the report demonstrates that the person has been convicted of or pleaded guilty to one or more of those offenses, but the home health agency chooses to employ the individual pursuant to division (F) of this section.
(4) The chief administrator of a home health agency is not required to request that the superintendent of the bureau of criminal identification and investigation conduct a criminal records check of an applicant for a position that involves both responsibility for the care, custody, and control of a child and the provision of direct care to older adults and may employ the applicant conditionally in a position of that nature as described in this division, if the applicant has been referred to the agency by an employment service that supplies full-time, part-time, or temporary staff for positions involving both responsibility for the care, custody, and control of a child and the direct care of older adults and if the chief administrator receives from the employment service or the applicant a letter from the employment service that is on the letterhead of the employment service, dated, and signed by a supervisor or another designated official of the employment service and that states that the employment service has requested the superintendent to conduct a criminal records check regarding the applicant, that the requested criminal records check will include a determination of whether the applicant has been convicted of or pleaded guilty to any offense listed or described in division (C)(1) or (2) of this section, that, as of the date set forth on the letter, the employment service had not received the results of the criminal records check, and that, when the employment service receives the results of the criminal records check, it promptly will send a copy of the results to the home health agency. If a home health agency employs an applicant conditionally in accordance with this division, the employment service, upon its receipt of the results of the criminal records check, promptly shall send a copy of the results to the home health agency, and division (C)(3)(b) of this section applies regarding the conditional employment.
Sec. 3712.09. (A) As used in this section:
(1) "Applicant" means a person who is under final consideration for employment with a hospice care program in a full-time, part-time, or temporary position that involves providing direct care to an older adult. "Applicant" does not include a person who provides direct care as a volunteer without receiving or expecting to receive any form of remuneration other than reimbursement for actual expenses.
(2) "Criminal records check" and "older adult" have the same meanings as in section 109.572 of the Revised Code.
(B)(1) Except as provided in division (I) of this section, the chief administrator of a hospice care program shall request that the superintendent of the bureau of criminal identification and investigation conduct a criminal records check with respect to each applicant. If an applicant for whom a criminal records check request is required under this division does not present proof of having been a resident of this state for the five-year period immediately prior to the date the criminal records check is requested or provide evidence that within that five-year period the superintendent has requested information about the applicant from the federal bureau of investigation in a criminal records check, the chief administrator shall request that the superintendent obtain information from the federal bureau of investigation as part of the criminal records check of the applicant. Even if an applicant for whom a criminal records check request is required under this division presents proof of having been a resident of this state for the five-year period, the chief administrator may request that the superintendent include information from the federal bureau of investigation in the criminal records check.
(2) A person required by division (B)(1) of this section to request a criminal records check shall do both of the following:
(a) Provide to each applicant for whom a criminal records check request is required under that division a copy of the form prescribed pursuant to division (C)(1) of section 109.572 of the Revised Code and a standard fingerprint impression sheet prescribed pursuant to division (C)(2) of that section, and obtain the completed form and impression sheet from the applicant;
(b) Forward the completed form and impression sheet to the superintendent of the bureau of criminal identification and investigation.
(3) An applicant provided the form and fingerprint impression sheet under division (B)(2)(a) of this section who fails to complete the form or provide fingerprint impressions shall not be employed in any position for which a criminal records check is required by this section.
(C)(1) Except as provided in rules adopted by the public health council in accordance with division (F) of this section and subject to division (C)(2) of this section, no hospice care program shall employ a person in a position that involves providing direct care to an older adult if the person has been convicted of or pleaded guilty to any of the following:
(a) A violation of section 2903.01, 2903.02, 2903.03, 2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21, 2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13, 2925.22, 2925.23, or 3716.11 of the Revised Code.
(b) A violation of an existing or former law of this state, any other state, or the United States that is substantially equivalent to any of the offenses listed in division (C)(1)(a) of this section.
(2)(a) A hospice care program may employ conditionally an applicant for whom a criminal records check request is required under division (B) of this section prior to obtaining the results of a criminal records check regarding the individual, provided that the program shall request a criminal records check regarding the individual in accordance with division (B)(1) of this section not later than five business days after the individual begins conditional employment. In the circumstances described in division (I)(2) of this section, a hospice care program may employ conditionally an applicant who has been referred to the hospice care program by an employment service that supplies full-time, part-time, or temporary staff for positions involving the direct care of older adults and for whom, pursuant to that division, a criminal records check is not required under division (B) of this section.
(b) A
hospice care program that employs an
individual conditionally under authority of division
(C)(2)(a)
of this section
shall terminate the individual's employment if the results
of
the criminal records check requested under division (B) of this
section or described in division (I)(2) of this section, other
than the results of any request
for information from the federal bureau of investigation,
are not obtained within the period ending sixty
thirty days after the date the request is made. Regardless of when the
results of the criminal records check are obtained,
if the results indicate that the individual has been convicted of or pleaded
guilty to any of the offenses listed or described in division
(C)(1) of this section, the program shall terminate the individual's
employment unless the program chooses to employ the individual pursuant to
division (F) of this section. Termination of employment under this division
shall be considered just cause for discharge for purposes of division
(D)(2) of section 4141.29 of the Revised Code if the individual makes any
attempt to deceive the program about the individual's
criminal record.
(D)(1) Each hospice care program shall pay to the bureau of criminal identification and investigation the fee prescribed pursuant to division (C)(3) of section 109.572 of the Revised Code for each criminal records check conducted pursuant to a request made under division (B) of this section.
(2) A hospice care program may charge an applicant a fee not exceeding the amount the program pays under division (D)(1) of this section. A program may collect a fee only if both of the following apply:
(a) The program notifies the person at the time of initial application for employment of the amount of the fee and that, unless the fee is paid, the person will not be considered for employment;
(b) The medical assistance program established under Chapter 5111. of the Revised Code does not reimburse the program the fee it pays under division (D)(1) of this section.
(E) The report of a criminal records check conducted pursuant to a request made under this section is not a public record for the purposes of section 149.43 of the Revised Code and shall not be made available to any person other than the following:
(1) The individual who is the subject of the criminal records check or the individual's representative;
(2) The chief administrator of the program requesting the criminal records check or the administrator's representative;
(3) The administrator of any other facility, agency, or program that provides direct care to older adults that is owned or operated by the same entity that owns or operates the hospice care program;
(4) A court, hearing officer, or other necessary individual involved in a case dealing with a denial of employment of the applicant or dealing with employment or unemployment benefits of the applicant;
(5) Any person to whom the report is provided pursuant to, and in accordance with, division (I)(1) or (2) of this section.
(F) The public health council shall adopt rules in accordance with Chapter 119. of the Revised Code to implement this section. The rules shall specify circumstances under which a hospice care program may employ a person who has been convicted of or pleaded guilty to an offense listed or described in division (C)(1) of this section but meets personal character standards set by the council.
(G) The chief administrator of a hospice care program shall inform each individual, at the time of initial application for a position that involves providing direct care to an older adult, that the individual is required to provide a set of fingerprint impressions and that a criminal records check is required to be conducted if the individual comes under final consideration for employment.
(H) In a tort or other civil action for damages that is brought as the result of an injury, death, or loss to person or property caused by an individual who a hospice care program employs in a position that involves providing direct care to older adults, all of the following shall apply:
(1) If the program employed the individual in good faith and reasonable reliance on the report of a criminal records check requested under this section, the program shall not be found negligent solely because of its reliance on the report, even if the information in the report is determined later to have been incomplete or inaccurate;
(2) If the program employed the individual in good faith on a conditional basis pursuant to division (C)(2) of this section, the program shall not be found negligent solely because it employed the individual prior to receiving the report of a criminal records check requested under this section;
(3) If the program in good faith employed the individual according to the personal character standards established in rules adopted under division (F) of this section, the program shall not be found negligent solely because the individual prior to being employed had been convicted of or pleaded guilty to an offense listed or described in division (C)(1) of this section.
(I)(1) The chief administrator of a hospice care program is not required to request that the superintendent of the bureau of criminal identification and investigation conduct a criminal records check of an applicant if the applicant has been referred to the program by an employment service that supplies full-time, part-time, or temporary staff for positions involving the direct care of older adults and both of the following apply:
(a) The chief administrator receives from the employment service or the applicant a report of the results of a criminal records check regarding the applicant that has been conducted by the superintendent within the one-year period immediately preceding the applicant's referral;
(b) The report of the criminal records check demonstrates that the person has not been convicted of or pleaded guilty to an offense listed or described in division (C)(1) of this section, or the report demonstrates that the person has been convicted of or pleaded guilty to one or more of those offenses, but the hospice care program chooses to employ the individual pursuant to division (F) of this section.
(2) The chief administrator of a hospice care program is not required to request that the superintendent of the bureau of criminal identification and investigation conduct a criminal records check of an applicant and may employ the applicant conditionally as described in this division, if the applicant has been referred to the program by an employment service that supplies full-time, part-time, or temporary staff for positions involving the direct care of older adults and if the chief administrator receives from the employment service or the applicant a letter from the employment service that is on the letterhead of the employment service, dated, and signed by a supervisor or another designated official of the employment service and that states that the employment service has requested the superintendent to conduct a criminal records check regarding the applicant, that the requested criminal records check will include a determination of whether the applicant has been convicted of or pleaded guilty to any offense listed or described in division (C)(1) of this section, that, as of the date set forth on the letter, the employment service had not received the results of the criminal records check, and that, when the employment service receives the results of the criminal records check, it promptly will send a copy of the results to the hospice care program. If a hospice care program employs an applicant conditionally in accordance with this division, the employment service, upon its receipt of the results of the criminal records check, promptly shall send a copy of the results to the hospice care program, and division (C)(2)(b) of this section applies regarding the conditional employment.
Sec. 3734.02. (A) The director of environmental protection, in accordance with Chapter 119. of the Revised Code, shall adopt and may amend, suspend, or rescind rules having uniform application throughout the state governing solid waste facilities and the inspections of and issuance of permits and licenses for all solid waste facilities in order to ensure that the facilities will be located, maintained, and operated, and will undergo closure and post-closure care, in a sanitary manner so as not to create a nuisance, cause or contribute to water pollution, create a health hazard, or violate 40 C.F.R. 257.3-2 or 40 C.F.R. 257.3-8, as amended. The rules may include, without limitation, financial assurance requirements for closure and post-closure care and corrective action and requirements for taking corrective action in the event of the surface or subsurface discharge or migration of explosive gases or leachate from a solid waste facility, or of ground water contamination resulting from the transfer or disposal of solid wastes at a facility, beyond the boundaries of any area within a facility that is operating or is undergoing closure or post-closure care where solid wastes were disposed of or are being disposed of. The rules shall not concern or relate to personnel policies, salaries, wages, fringe benefits, or other conditions of employment of employees of persons owning or operating solid waste facilities. The director, in accordance with Chapter 119. of the Revised Code, shall adopt and may amend, suspend, or rescind rules governing the issuance, modification, revocation, suspension, or denial of variances from the director's solid waste rules, including, without limitation, rules adopted under this chapter governing the management of scrap tires.
Variances shall be issued, modified, revoked, suspended, or rescinded in accordance with this division, rules adopted under it, and Chapter 3745. of the Revised Code. The director may order the person to whom a variance is issued to take such action within such time as the director may determine to be appropriate and reasonable to prevent the creation of a nuisance or a hazard to the public health or safety or the environment. Applications for variances shall contain such detail plans, specifications, and information regarding objectives, procedures, controls, and other pertinent data as the director may require. The director shall grant a variance only if the applicant demonstrates to the director's satisfaction that construction and operation of the solid waste facility in the manner allowed by the variance and any terms or conditions imposed as part of the variance will not create a nuisance or a hazard to the public health or safety or the environment. In granting any variance, the director shall state the specific provision or provisions whose terms are to be varied and also shall state specific terms or conditions imposed upon the applicant in place of the provision or provisions. The director may hold a public hearing on an application for a variance or renewal of a variance at a location in the county where the operations that are the subject of the application for the variance are conducted. The director shall give not less than twenty days' notice of the hearing to the applicant by certified mail and shall publish at least one notice of the hearing in a newspaper with general circulation in the county where the hearing is to be held. The director shall make available for public inspection at the principal office of the environmental protection agency a current list of pending applications for variances and a current schedule of pending variance hearings. The director shall make a complete stenographic record of testimony and other evidence submitted at the hearing. Within ten days after the hearing, the director shall make a written determination to issue, renew, or deny the variance and shall enter the determination and the basis for it into the record of the hearing. The director shall issue, renew, or deny an application for a variance or renewal of a variance within six months of the date upon which the director receives a complete application with all pertinent information and data required. No variance shall be issued, revoked, modified, or denied until the director has considered the relative interests of the applicant, other persons and property affected by the variance, and the general public. Any variance granted under this division shall be for a period specified by the director and may be renewed from time to time on such terms and for such periods as the director determines to be appropriate. No application shall be denied and no variance shall be revoked or modified without a written order stating the findings upon which the denial, revocation, or modification is based. A copy of the order shall be sent to the applicant or variance holder by certified mail.
(B) The director shall prescribe and furnish the forms necessary to administer and enforce this chapter. The director may cooperate with and enter into agreements with other state, local, or federal agencies to carry out the purposes of this chapter. The director may exercise all incidental powers necessary to carry out the purposes of this chapter.
The director may use moneys in the infectious waste management fund created in section 3734.021 of the Revised Code exclusively for administering and enforcing the provisions of this chapter governing the management of infectious wastes. Of each registration and renewal fee collected under rules adopted under division (A)(2)(a) of section 3734.021 or under section 3734.022 of the Revised Code, the director, within forty-five days of its receipt, shall remit from the fund one-half of the fee received to the board of health of the health district in which the registered premises is located, or, in the instance of an infectious wastes transporter, to the board of health of the health district in which the transporter's principal place of business is located. However, if the board of health having jurisdiction over a registrant's premises or principal place of business is not on the approved list under section 3734.08 of the Revised Code, the director shall not make that payment to the board of health.
(C) Except as provided in this division and divisions (N)(2) and (3) of this section, no person shall establish a new solid waste facility or infectious waste treatment facility, or modify an existing solid waste facility or infectious waste treatment facility, without submitting an application for a permit with accompanying detail plans, specifications, and information regarding the facility and method of operation and receiving a permit issued by the director, except that no permit shall be required under this division to install or operate a solid waste facility for sewage sludge treatment or disposal when the treatment or disposal is authorized by a current permit issued under Chapter 3704. or 6111. of the Revised Code.
No person shall continue to operate a solid waste facility for which the director has denied a permit for which an application was required under division (A)(3) of section 3734.05 of the Revised Code, or for which the director has disapproved plans and specifications required to be filed by an order issued under division (A)(5) of that section, after the date prescribed for commencement of closure of the facility in the order issued under division (A)(6) of section 3734.05 of the Revised Code denying the permit application or approval.
On and after the effective date of the rules adopted under division (A) of this section and division (D) of section 3734.12 of the Revised Code governing solid waste transfer facilities, no person shall establish a new, or modify an existing, solid waste transfer facility without first submitting an application for a permit with accompanying engineering detail plans, specifications, and information regarding the facility and its method of operation to the director and receiving a permit issued by the director.
No person shall establish a new compost facility or continue to operate an existing compost facility that accepts exclusively source separated yard wastes without submitting a completed registration for the facility to the director in accordance with rules adopted under divisions (A) and (N)(3) of this section.
This division does not apply to an infectious waste treatment facility that meets any of the following conditions:
(1) Is owned or operated by the generator of the wastes and exclusively treats, by methods, techniques, and practices established by rules adopted under division (C)(1) or (3) of section 3734.021 of the Revised Code, wastes that are generated at any premises owned or operated by that generator regardless of whether the wastes are generated on the premises where the generator's treatment facility is located or, if the generator is a hospital as defined in section 3727.01 of the Revised Code, infectious wastes that are described in division (A)(1)(g), (h), or (i) of section 3734.021 of the Revised Code;
(2) Holds a license or renewal of a license to operate a crematory facility issued under Chapter 4717. and a permit issued under Chapter 3704. of the Revised Code;
(3) Treats or disposes of dead animals or parts thereof, or the blood of animals, and is subject to any of the following:
(a) Inspection under the "Federal Meat Inspection Act," 81 Stat. 584 (1967), 21 U.S.C.A. 603, as amended;
(b) Chapter 918. of the Revised Code;
(c) Chapter 953. of the Revised Code.
(D) Neither this chapter nor any rules adopted under it apply to single-family residential premises; to infectious wastes generated by individuals for purposes of their own care or treatment that are disposed of with solid wastes from the individual's residence; to the temporary storage of solid wastes, other than scrap tires, prior to their collection for disposal; to the storage of one hundred or fewer scrap tires unless they are stored in such a manner that, in the judgment of the director or the board of health of the health district in which the scrap tires are stored, the storage causes a nuisance, a hazard to public health or safety, or a fire hazard; or to the collection of solid wastes, other than scrap tires, by a political subdivision or a person holding a franchise or license from a political subdivision of the state; to composting, as defined in section 1511.01 of the Revised Code, conducted in accordance with section 1511.022 of the Revised Code; or to any person who is licensed to transport raw rendering material to a compost facility pursuant to section 953.23 of the Revised Code.
(E)(1) As used in this division and section 3734.18 of the
Revised Code:
(a) "On-site facility" means a facility that stores, treats, or disposes of hazardous waste that is generated on the premises of the facility.
(b) "Off-site facility" means a facility that stores, treats, or disposes of hazardous waste that is generated off the premises of the facility and includes such a facility that is also an on-site facility.
(c) "Satellite facility" means any of the following:
(i) An on-site facility that also receives hazardous waste from other premises owned by the same person who generates the waste on the facility premises;
(ii) An off-site facility operated so that all of the hazardous waste it receives is generated on one or more premises owned by the person who owns the facility;
(iii) An on-site facility that also receives hazardous waste that is transported uninterruptedly and directly to the facility through a pipeline from a generator who is not the owner of the facility.
(2) Except as provided in division (E)(3) of this section, no person shall establish or operate a hazardous waste facility, or use a solid waste facility for the storage, treatment, or disposal of any hazardous waste, without a hazardous waste facility installation and operation permit issued in accordance with section 3734.05 of the Revised Code and subject to the payment of an application fee not to exceed one thousand five hundred dollars, payable upon application for a hazardous waste facility installation and operation permit and upon application for a renewal permit issued under division (H) of section 3734.05 of the Revised Code, to be credited to the hazardous waste facility management fund created in section 3734.18 of the Revised Code. The term of a hazardous waste facility installation and operation permit shall not exceed five years.
In addition to the application fee, there is hereby levied an annual permit fee to be paid by the permit holder upon the anniversaries of the date of issuance of the hazardous waste facility installation and operation permit and of any subsequent renewal permits and to be credited to the hazardous waste facility management fund. Annual permit fees totaling forty thousand dollars or more for any one facility may be paid on a quarterly basis with the first quarterly payment each year being due on the anniversary of the date of issuance of the hazardous waste facility installation and operation permit and of any subsequent renewal permits. The annual permit fee shall be determined for each permit holder by the director in accordance with the following schedule:
TYPE OF BASIC | ||||
MANAGEMENT UNIT | TYPE OF FACILITY | FEE | ||
Storage facility using: | ||||
Containers | On-site, off-site, and | |||
satellite | $ 500 | |||
Tanks | On-site, off-site, and | |||
satellite | 500 | |||
Waste pile | On-site, off-site, and | |||
satellite | 3,000 | |||
Surface impoundment | On-site and satellite | 8,000 | ||
Off-site | 10,000 | |||
Disposal facility using: | ||||
Deep well injection | On-site and satellite | 15,000 | ||
Off-site | 25,000 | |||
Landfill | On-site and satellite | 25,000 | ||
Off-site | 40,000 | |||
Land application | On-site and satellite | 2,500 | ||
Off-site | 5,000 | |||
Surface impoundment | On-site and satellite | 10,000 | ||
Off-site | 20,000 | |||
Treatment facility using: | ||||
Tanks | On-site, off-site, and | |||
satellite | 700 | |||
Surface impoundment | On-site and satellite | 8,000 | ||
Off-site | 10,000 | |||
Incinerator | On-site and satellite | 5,000 | ||
Off-site | 10,000 | |||
Other forms | ||||
of treatment | On-site, off-site, and | |||
satellite | 1,000 |
A hazardous waste disposal facility that disposes of hazardous waste by deep well injection and that pays the annual permit fee established in section 6111.046 of the Revised Code is not subject to the permit fee established in this division for disposal facilities using deep well injection unless the director determines that the facility is not in compliance with applicable requirements established under this chapter and rules adopted under it.
In determining the annual permit fee required by this section, the director shall not require additional payments for multiple units of the same method of storage, treatment, or disposal or for individual units that are used for both storage and treatment. A facility using more than one method of storage, treatment, or disposal shall pay the permit fee indicated by the schedule for each such method.
The director shall not require the payment of that portion of an annual permit fee of any permit holder that would apply to a hazardous waste management unit for which a permit has been issued, but for which construction has not yet commenced. Once construction has commenced, the director shall require the payment of a part of the appropriate fee indicated by the schedule that bears the same relationship to the total fee that the number of days remaining until the next anniversary date at which payment of the annual permit fee is due bears to three hundred sixty-five.
The director, by rules adopted in accordance with Chapters 119. and 3745. of the Revised Code, shall prescribe procedures for collecting the annual permit fee established by this division and may prescribe other requirements necessary to carry out this division.
(3) The prohibition against establishing or operating a hazardous waste facility without a hazardous waste facility installation and operation permit does not apply to either of the following:
(a) A facility that is operating in accordance with a permit renewal issued under division (H) of section 3734.05 of the Revised Code, a revision issued under division (I) of that section as it existed prior to August 20, 1996, or a modification issued by the director under division (I) of that section on and after August 20, 1996;
(b) Except as provided in division (J) of section 3734.05 of the Revised Code, a facility that will operate or is operating in accordance with a permit by rule, or that is not subject to permit requirements, under rules adopted by the director. In accordance with Chapter 119. of the Revised Code, the director shall adopt, and subsequently may amend, suspend, or rescind, rules for the purposes of division (E)(3)(b) of this section. Any rules so adopted shall be consistent with and equivalent to regulations pertaining to interim status adopted under the "Resource Conservation and Recovery Act of 1976," 90 Stat. 2806, 42 U.S.C.A. 6921, as amended, except as otherwise provided in this chapter.
If a modification is requested or proposed for a facility described in division (E)(3)(a) or (b) of this section, division (I)(7) of section 3734.05 of the Revised Code applies.
(F) No person shall store, treat, or dispose of hazardous waste identified or listed under this chapter and rules adopted under it, regardless of whether generated on or off the premises where the waste is stored, treated, or disposed of, or transport or cause to be transported any hazardous waste identified or listed under this chapter and rules adopted under it to any other premises, except at or to any of the following:
(1) A hazardous waste facility operating under a permit issued in accordance with this chapter;
(2) A facility in another state operating under a license or permit issued in accordance with the "Resource Conservation and Recovery Act of 1976," 90 Stat. 2806, 42 U.S.C.A. 6921, as amended;
(3) A facility in another nation operating in accordance with the laws of that nation;
(4) A facility holding a permit issued pursuant to Title I of the "Marine Protection, Research, and Sanctuaries Act of 1972," 86 Stat. 1052, 33 U.S.C.A. 1401, as amended;
(5) A hazardous waste facility as described in division (E)(3)(a) or (b) of this section.
(G) The director, by order, may exempt any person generating, collecting, storing, treating, disposing of, or transporting solid wastes or hazardous waste, or processing solid wastes that consist of scrap tires, in such quantities or under such circumstances that, in the determination of the director, are unlikely to adversely affect the public health or safety or the environment from any requirement to obtain a registration certificate, permit, or license or comply with the manifest system or other requirements of this chapter. Such an exemption shall be consistent with and equivalent to any regulations adopted by the administrator of the United States environmental protection agency under the "Resource Conservation and Recovery Act of 1976," 90 Stat. 2806, 42 U.S.C.A. 6921, as amended, except as otherwise provided in this chapter.
(H) No person shall engage in filling, grading, excavating, building, drilling, or mining on land where a hazardous waste facility, or a solid waste facility, was operated without prior authorization from the director, who shall establish the procedure for granting such authorization by rules adopted in accordance with Chapter 119. of the Revised Code.
A public utility that has main or distribution lines above or below the land surface located on an easement or right-of-way across land where a solid waste facility was operated may engage in any such activity within the easement or right-of-way without prior authorization from the director for purposes of performing emergency repair or emergency replacement of its lines; of the poles, towers, foundations, or other structures supporting or sustaining any such lines; or of the appurtenances to those structures, necessary to restore or maintain existing public utility service. A public utility may enter upon any such easement or right-of-way without prior authorization from the director for purposes of performing necessary or routine maintenance of those portions of its existing lines; of the existing poles, towers, foundations, or other structures sustaining or supporting its lines; or of the appurtenances to any such supporting or sustaining structure, located on or above the land surface on any such easement or right-of-way. Within twenty-four hours after commencing any such emergency repair, replacement, or maintenance work, the public utility shall notify the director or the director's authorized representative of those activities and shall provide such information regarding those activities as the director or the director's representative may request. Upon completion of the emergency repair, replacement, or maintenance activities, the public utility shall restore any land of the solid waste facility disturbed by those activities to the condition existing prior to the commencement of those activities.
(I) No owner or operator of a hazardous waste facility, in the operation of the facility, shall cause, permit, or allow the emission therefrom of any particulate matter, dust, fumes, gas, mist, smoke, vapor, or odorous substance that, in the opinion of the director, unreasonably interferes with the comfortable enjoyment of life or property by persons living or working in the vicinity of the facility, or that is injurious to public health. Any such action is hereby declared to be a public nuisance.
(J) Notwithstanding any other provision of this chapter, in the event the director finds an imminent and substantial danger to public health or safety or the environment that creates an emergency situation requiring the immediate treatment, storage, or disposal of hazardous waste, the director may issue a temporary emergency permit to allow the treatment, storage, or disposal of the hazardous waste at a facility that is not otherwise authorized by a hazardous waste facility installation and operation permit to treat, store, or dispose of the waste. The emergency permit shall not exceed ninety days in duration and shall not be renewed. The director shall adopt, and may amend, suspend, or rescind, rules in accordance with Chapter 119. of the Revised Code governing the issuance, modification, revocation, and denial of emergency permits.
(K) No owner or operator of a sanitary landfill shall knowingly accept for disposal, or dispose of, any infectious wastes, other than those subject to division (A)(1)(c) of section 3734.021 of the Revised Code, that have not been treated to render them noninfectious. For the purposes of this division, certification by the owner or operator of the treatment facility where the wastes were treated on the shipping paper required by rules adopted under division (D)(2) of that section creates a rebuttable presumption that the wastes have been so treated.
(L) The director, in accordance with Chapter 119. of the Revised Code, shall adopt, and may amend, suspend, or rescind, rules having uniform application throughout the state establishing a training and certification program that shall be required for employees of boards of health who are responsible for enforcing the solid waste and infectious waste provisions of this chapter and rules adopted under them and for persons who are responsible for the operation of solid waste facilities or infectious waste treatment facilities. The rules shall provide all of the following, without limitation:
(1) The program shall be administered by the director and shall consist of a course on new solid waste and infectious waste technologies, enforcement procedures, and rules;
(2) The course shall be offered on an annual basis;
(3) Those persons who are required to take the course under division (L) of this section shall do so triennially;
(4) Persons who successfully complete the course shall be certified by the director;
(5) Certification shall be required for all employees of boards of health who are responsible for enforcing the solid waste or infectious waste provisions of this chapter and rules adopted under them and for all persons who are responsible for the operation of solid waste facilities or infectious waste treatment facilities;
(6)(a) All employees of a board of health who, on the effective date of the rules adopted under this division, are responsible for enforcing the solid waste or infectious waste provisions of this chapter and the rules adopted under them shall complete the course and be certified by the director not later than January 1, 1995;
(b) All employees of a board of health who, after the effective date of the rules adopted under division (L) of this section, become responsible for enforcing the solid waste or infectious waste provisions of this chapter and rules adopted under them and who do not hold a current and valid certification from the director at that time shall complete the course and be certified by the director within two years after becoming responsible for performing those activities.
No person shall fail to obtain the certification required under this division.
(M) The director shall not issue a permit under section 3734.05 of the Revised Code to establish a solid waste facility, or to modify a solid waste facility operating on December 21, 1988, in a manner that expands the disposal capacity or geographic area covered by the facility, that is or is to be located within the boundaries of a state park established or dedicated under Chapter 1541. of the Revised Code, a state park purchase area established under section 1541.02 of the Revised Code, any unit of the national park system, or any property that lies within the boundaries of a national park or recreation area, but that has not been acquired or is not administered by the secretary of the United States department of the interior, located in this state, or any candidate area located in this state and identified for potential inclusion in the national park system in the edition of the "national park system plan" submitted under paragraph (b) of section 8 of "The Act of August 18, 1970," 84 Stat. 825, 16 U.S.C.A. 1a-5, as amended, current at the time of filing of the application for the permit, unless the facility or proposed facility is or is to be used exclusively for the disposal of solid wastes generated within the park or recreation area and the director determines that the facility or proposed facility will not degrade any of the natural or cultural resources of the park or recreation area. The director shall not issue a variance under division (A) of this section and rules adopted under it, or issue an exemption order under division (G) of this section, that would authorize any such establishment or expansion of a solid waste facility within the boundaries of any such park or recreation area, state park purchase area, or candidate area, other than a solid waste facility exclusively for the disposal of solid wastes generated within the park or recreation area when the director determines that the facility will not degrade any of the natural or cultural resources of the park or recreation area.
(N)(1) The rules adopted under division (A) of this section, other than those governing variances, do not apply to scrap tire collection, storage, monocell, monofill, and recovery facilities. Those facilities are subject to and governed by rules adopted under sections 3734.70 to 3734.73 of the Revised Code, as applicable.
(2) Division (C) of this section does not apply to scrap tire collection, storage, monocell, monofill, and recovery facilities. The establishment and modification of those facilities are subject to sections 3734.75 to 3734.78 and section 3734.81 of the Revised Code, as applicable.
(3) The director may adopt, amend, suspend, or rescind rules under division (A) of this section creating an alternative system for authorizing the establishment, operation, or modification of a solid waste compost facility in lieu of the requirement that a person seeking to establish, operate, or modify a solid waste compost facility apply for and receive a permit under division (C) of this section and section 3734.05 of the Revised Code and a license under division (A)(1) of that section. The rules may include requirements governing, without limitation, the classification of solid waste compost facilities, the submittal of operating records for solid waste compost facilities, and the creation of a registration or notification system in lieu of the issuance of permits and licenses for solid waste compost facilities. The rules shall specify the applicability of divisions (A)(1), (2)(a), (3), and (4) of section 3734.05 of the Revised Code to a solid waste compost facility.
Sec. 3734.18. (A) As used in this section:
(1) "On-site facility" means a facility that treats or disposes of hazardous waste that is generated on the premises of the facility.
(2) "Off-site facility" means a facility that treats or disposes of hazardous waste that is generated off the premises of the facility.
(3) "Satellite facility" means any of the following:
(a) An on-site facility that also receives hazardous waste from other premises owned by the same person who generates the waste on the facility premises;
(b) An off-site facility operated so that all of the hazardous waste it receives is generated on one or more premises owned by the person who owns the facility;
(c) An on-site facility that also receives hazardous waste that is transported uninterruptedly and directly to the facility through a pipeline from a generator who is not the owner of the facility.
(B) A treatment or disposal facility that is subject to the fees that are levied under this section may be both an on-site facility and an off-site facility. The determination of whether an on-site facility fee or an off-site facility fee is to be paid for a hazardous waste that is treated or disposed of at the facility shall be based on whether that hazardous waste was generated on or off the premises of the facility.
(C) There are hereby levied fees on the disposal of hazardous waste to be collected according to the following schedule at each disposal facility to which a hazardous waste facility installation and operation permit or renewal of a permit has been issued under this chapter or that is operating in accordance with a permit by rule under rules adopted by the director of environmental protection:
(1) For disposal facilities that are off-site facilities
as defined in division (E) of section 3734.02 of the Revised
Code, fees shall be levied at the rate of four dollars and fifty
cents per ton for hazardous waste disposed of by deep well
injection and nine dollars per ton for hazardous
waste disposed
of by land application or landfilling. The owner or operator of
the facility, as a trustee for the state, shall collect the fees
and forward them to the director in accordance with rules adopted
under this section.
(2) For disposal facilities that are on-site or satellite
facilities, as defined in division (E) of section 3734.02 of the
Revised Code, fees shall be levied at the rate of two dollars per
ton for hazardous waste disposed of by deep well injection and
four dollars per ton for hazardous waste disposed of by land
application or landfilling. The maximum annual disposal fee for
an on-site disposal facility that disposes of one hundred
thousand tons or less of hazardous waste in a year is twenty-five
thousand dollars. The maximum annual disposal fee for an on-site
facility that disposes of more than one hundred thousand tons of
hazardous waste in a year by land application or landfilling is
fifty thousand dollars, and the maximum annual fee for an on-site
facility that disposes of more than one hundred thousand tons of
hazardous waste in a year by deep well injection is one hundred
thousand dollars. The maximum annual disposal fee for a
satellite facility that disposes of one hundred thousand tons or
less of hazardous waste in a year is thirty-seven thousand five
hundred dollars, and the maximum annual disposal fee for a
satellite facility that disposes of more than one hundred
thousand tons of hazardous waste in a year is seventy-five
thousand dollars, except that a satellite facility defined under
division (E)(A)(3)(b) of this section 3734.02 of the Revised Code that
receives hazardous waste from a single generation site is subject
to the same maximum annual disposal fees as an on-site disposal
facility. The owner or operator shall pay the fee to the
director each year upon the anniversary of the date of issuance
of the owner's or operator's installation and operation
permit during the term of that
permit and any renewal permit issued under division (H) of
section 3734.05 of the Revised Code or on the anniversary of the date of a permit by rule. If payment is late, the
owner or operator shall pay an additional ten per cent of the
amount of the fee for each month that it is late.
(B)(D) There are hereby levied fees at the rate of two
dollars per ton on hazardous waste that is treated
at treatment
facilities that are not on-site or satellite facilities, as
defined in division (E) of section 3734.02 of the Revised Code,
to which a
hazardous waste facility installation and operation permit or renewal of a permit has been issued under this chapter, whose owner or operator is operating in accordance with a permit by rule under rules adopted by the director,
or that are not subject to the hazardous waste facility
installation and operation permit requirements under rules
adopted by the director.
(C)(E) There are hereby levied additional fees on the
treatment and disposal of hazardous waste at the rate of ten per
cent of the applicable fees prescribed in division
(A)(C) or (B)(D) of this section for the purposes of paying the costs of
municipal corporations and counties for conducting reviews of
applications for hazardous waste facility installation and
operation permits for proposed new or modified hazardous waste
landfills within their boundaries, emergency response actions
with respect to releases of hazardous waste from hazardous waste
facilities within their boundaries, monitoring the operation of
such hazardous waste facilities, and local waste management
planning programs. The owner or operator of a facility located
within a municipal corporation, as a trustee for the municipal
corporation, shall collect the fees levied by this division and
forward them to the treasurer of the municipal corporation or
such officer as, by virtue of the charter, has the duties of the
treasurer in accordance with rules adopted under this
section. The owner or operator of a facility located in an
unincorporated area, as a trustee of the county in which the
facility is located, shall collect the fees levied by this
division and forward them to the county treasurer of that county
in accordance with rules adopted under this section. The
owner or operator shall pay the fees levied by this division to
the treasurer or such other officer of the municipal corporation
or to the county treasurer each year upon the anniversary of the
date of issuance of the owner's or operator's installation and
operation
permit during the term of that permit and any renewal permit
issued under division (H) of section 3734.05 of the Revised Code or on the anniversary of the date of a permit by rule or the date on which the facility became exempt from hazardous waste facility installation and operation permit requirements under rules adopted by the director.
If payment is late, the owner or operator shall pay an additional ten per cent
of the amount of the fee for each month that the payment is late.
Moneys received by a municipal corporation under this division shall be paid into a special fund of the municipal corporation and used exclusively for the purposes of conducting reviews of applications for hazardous waste facility installation and operation permits for new or modified hazardous waste landfills located or proposed within the municipal corporation, conducting emergency response actions with respect to releases of hazardous waste from facilities located within the municipal corporation, monitoring operation of such hazardous waste facilities, and conducting waste management planning programs within the municipal corporation through employees of the municipal corporation or pursuant to contracts entered into with persons or political subdivisions. Moneys received by a board of county commissioners under this division shall be paid into a special fund of the county and used exclusively for those purposes within the unincorporated area of the county through employees of the county or pursuant to contracts entered into with persons or political subdivisions.
(D)(F) As used in this section, "treatment" or "treated" does
not include any method, technique, or process designed to recover
energy or material resources from the waste or to render the
waste amenable for recovery. The fees levied by
division (B)(D)
of this section do not apply to hazardous waste that is
treated and disposed of on the same premises or by the same
person.
(E)(G) The director, by rules adopted in accordance with
Chapters 119. and 3745. of the Revised Code, shall prescribe any
dates not specified in this section and procedures for collecting
and forwarding the fees prescribed by this section and may
prescribe other requirements that are necessary to carry out this
section.
The director shall deposit the moneys collected under
divisions (A)(C) and (B)(D) of this section into one
or more
minority banks, as "minority bank" is defined in division
(F)(1)
of section 135.04 of the Revised Code, to the credit of the
hazardous waste facility management fund, which is hereby created
in the state treasury, except that the director shall deposit to
the credit of the underground injection control fund created in
section 6111.046 of the Revised Code moneys in excess of fifty
thousand dollars that are collected during a fiscal year under
division (A)(C)(2) of this section from the fee levied on the
disposal of hazardous waste by deep well injection at an on-site
disposal facility that disposes of more than one hundred thousand
tons of hazardous waste in a year.
The environmental protection agency may use moneys in the hazardous waste facility management fund for administration of the hazardous waste program established under this chapter and, in accordance with this section, may request approval by the controlling board for that use on an annual basis. In addition, the agency may use and pledge moneys in that fund for repayment of and for interest on any loans made by the Ohio water development authority to the agency for the hazardous waste program established under this chapter without the necessity of requesting approval by the controlling board, which use and pledge shall have priority over any other use of the moneys in the fund.
Until September 28, 1996, the director also may use moneys in the fund to pay the start-up costs of administering Chapter 3746. of the Revised Code.
If moneys in the fund that the agency uses in accordance with this chapter are reimbursed by grants or other moneys from the United States government, the grants or other moneys shall be placed in the fund.
Before the agency makes any expenditure from the fund other than for repayment of and interest on any loan made by the Ohio water development authority to the agency in accordance with this section, the controlling board shall approve the expenditure.
Sec. 3734.57. (A) For the purposes of paying the state's long-term operation costs or matching share for actions taken under the "Comprehensive Environmental Response, Compensation, and Liability Act of 1980," 94 Stat. 2767, 42 U.S.C.A. 9601, as amended; paying the costs of measures for proper clean-up of sites where polychlorinated biphenyls and substances, equipment, and devices containing or contaminated with polychlorinated biphenyls have been stored or disposed of; paying the costs of conducting surveys or investigations of solid waste facilities or other locations where it is believed that significant quantities of hazardous waste were disposed of and for conducting enforcement actions arising from the findings of such surveys or investigations; paying the costs of acquiring and cleaning up, or providing financial assistance for cleaning up, any hazardous waste facility or solid waste facility containing significant quantities of hazardous waste, that constitutes an imminent and substantial threat to public health or safety or the environment; and, from July 1, 2003, through June 30, 2006, for the purposes of paying the costs of administering and enforcing the laws pertaining to solid wastes, infectious wastes, and construction and demolition debris, including, without limitation, ground water evaluations related to solid wastes, infectious wastes, and construction and demolition debris, under this chapter and Chapter 3714. of the Revised Code and any rules adopted under them, and paying a share of the administrative costs of the environmental protection agency pursuant to section 3745.014 of the Revised Code, the following fees are hereby levied on the disposal of solid wastes in this state:
(1) One dollar per ton on and after July 1, 1993;
(2) An additional one dollar per ton on and after July 1, 2003, through June 30, 2006.
The owner or operator of a solid waste disposal facility
shall collect the fees levied under this division as a trustee
for
the state and shall prepare and file with the director of
environmental protection monthly returns indicating the total
tonnage of solid wastes received for disposal at the gate of the
facility and the total amount of the fees collected under this
division. Not later than thirty days after the last day of the
month to which such a return applies, the owner or operator shall
mail to the director the return for that month together with the
fees collected during that month as indicated on the return. The
owner or operator may request an extension of not more than
thirty
days for filing the return and remitting the fees,
provided that
the owner or operator has submitted such a
request in writing to
the
director together with a detailed description of why the
extension is requested, the director has received the request not
later than the day on which the return is required to be filed,
and the director has approved the request. If the fees are not
remitted within sixty thirty days after the last day of the month during
which they were collected or are not remitted by the last day of an extension approved by the director, the owner or operator shall pay an
additional fifty per cent of the amount of the fees for each
month
that they are late.
One-half of the moneys remitted to the director under division (A)(1) of this section shall be credited to the hazardous waste facility management fund created in section 3734.18 of the Revised Code, and one-half shall be credited to the hazardous waste clean-up fund created in section 3734.28 of the Revised Code. The moneys remitted to the director under division (A)(2) of this section shall be credited to the solid waste fund, which is hereby created in the state treasury. The environmental protection agency shall use moneys in the solid waste fund only to pay the costs of administering and enforcing the laws pertaining to solid wastes, infectious wastes, and construction and demolition debris, including, without limitation, ground water evaluations related to solid wastes, infectious wastes, and construction and demolition debris, under this chapter and Chapter 3714. of the Revised Code and rules adopted under them and to pay a share of the administrative costs of the environmental protection agency pursuant to section 3745.014 of the Revised Code.
The fees levied under this division and divisions (B) and (C) of this section are in addition to all other applicable fees and taxes and shall be added to any other fee or amount specified in a contract that is charged by the owner or operator of a solid waste disposal facility or to any other fee or amount that is specified in a contract entered into on or after March 4, 1992, and that is charged by a transporter of solid wastes.
(B) For the purpose of preparing, revising, and implementing the solid waste management plan of the county or joint solid waste management district, including, without limitation, the development and implementation of solid waste recycling or reduction programs; providing financial assistance to boards of health within the district, if solid waste facilities are located within the district, for the enforcement of this chapter and rules adopted and orders and terms and conditions of permits, licenses, and variances issued under it, other than the hazardous waste provisions of this chapter and rules adopted and orders and terms and conditions of permits issued under those provisions; providing financial assistance to the county to defray the added costs of maintaining roads and other public facilities and of providing emergency and other public services resulting from the location and operation of a solid waste facility within the county under the district's approved solid waste management plan; paying the costs incurred by boards of health for collecting and analyzing water samples from public or private wells on lands adjacent to solid waste facilities that are contained in the approved or amended plan of the district; paying the costs of developing and implementing a program for the inspection of solid wastes generated outside the boundaries of this state that are disposed of at solid waste facilities included in the district's approved solid waste management plan or amended plan; providing financial assistance to boards of health within the district for enforcing laws prohibiting open dumping; providing financial assistance to local law enforcement agencies within the district for enforcing laws and ordinances prohibiting littering; providing financial assistance to boards of health of health districts within the district that are on the approved list under section 3734.08 of the Revised Code for the training and certification required for their employees responsible for solid waste enforcement by rules adopted under division (L) of section 3734.02 of the Revised Code; providing financial assistance to individual municipal corporations and townships within the district to defray their added costs of maintaining roads and other public facilities and of providing emergency and other public services resulting from the location and operation within their boundaries of a composting, energy or resource recovery, incineration, or recycling facility that either is owned by the district or is furnishing solid waste management facility or recycling services to the district pursuant to a contract or agreement with the board of county commissioners or directors of the district; and payment of any expenses that are agreed to, awarded, or ordered to be paid under section 3734.35 of the Revised Code and of any administrative costs incurred pursuant to that section, the solid waste management policy committee of a county or joint solid waste management district may levy fees upon the following activities:
(1) The disposal at a solid waste disposal facility located in the district of solid wastes generated within the district;
(2) The disposal at a solid waste disposal facility within the district of solid wastes generated outside the boundaries of the district, but inside this state;
(3) The disposal at a solid waste disposal facility within the district of solid wastes generated outside the boundaries of this state.
If any such fees are levied prior to January 1, 1994, fees levied under division (B)(1) of this section always shall be equal to one-half of the fees levied under division (B)(2) of this section, and fees levied under division (B)(3) of this section, which shall be in addition to fees levied under division (B)(2) of this section, always shall be equal to fees levied under division (B)(1) of this section, except as otherwise provided in this division. The solid waste management plan of the county or joint district approved under section 3734.521 or 3734.55 of the Revised Code and any amendments to it, or the resolution adopted under this division, as appropriate, shall establish the rates of the fees levied under divisions (B)(1), (2), and (3) of this section, if any, and shall specify whether the fees are levied on the basis of tons or cubic yards as the unit of measurement. Although the fees under divisions (A)(1) and (2) of this section are levied on the basis of tons as the unit of measurement, the solid waste management plan of the district and any amendments to it or the solid waste management policy committee in its resolution levying fees under this division may direct that the fees levied under those divisions be levied on the basis of cubic yards as the unit of measurement based upon a conversion factor of three cubic yards per ton generally or one cubic yard per ton for baled wastes if the fees under divisions (B)(1) to (3) of this section are being levied on the basis of cubic yards as the unit of measurement under the plan, amended plan, or resolution.
On and after January 1, 1994, the fee levied under division (B)(1) of this section shall be not less than one dollar per ton nor more than two dollars per ton, the fee levied under division (B)(2) of this section shall be not less than two dollars per ton nor more than four dollars per ton, and the fee levied under division (B)(3) of this section shall be not more than the fee levied under division (B)(1) of this section, except as otherwise provided in this division and notwithstanding any schedule of those fees established in the solid waste management plan of a county or joint district approved under section 3734.55 of the Revised Code or a resolution adopted and ratified under this division that is in effect on that date. If the fee that a district is levying under division (B)(1) of this section on that date under its approved plan or such a resolution is less than one dollar per ton, the fee shall be one dollar per ton on and after January 1, 1994, and if the fee that a district is so levying under that division exceeds two dollars per ton, the fee shall be two dollars per ton on and after that date. If the fee that a district is so levying under division (B)(2) of this section is less than two dollars per ton, the fee shall be two dollars per ton on and after that date, and if the fee that the district is so levying under that division exceeds four dollars per ton, the fee shall be four dollars per ton on and after that date. On that date, the fee levied by a district under division (B)(3) of this section shall be equal to the fee levied under division (B)(1) of this section. Except as otherwise provided in this division, the fees established by the operation of this amendment shall remain in effect until the district's resolution levying fees under this division is amended or repealed in accordance with this division to amend or abolish the schedule of fees, the schedule of fees is amended or abolished in an amended plan of the district approved under section 3734.521 or division (A) or (D) of section 3734.56 of the Revised Code, or the schedule of fees is amended or abolished through an amendment to the district's plan under division (E) of section 3734.56 of the Revised Code; the notification of the amendment or abolishment of the fees has been given in accordance with this division; and collection of the amended fees so established commences, or collection of the fees ceases, in accordance with this division.
The solid waste management policy committee of a district levying fees under divisions (B)(1) to (3) of this section on October 29, 1993, under its solid waste management plan approved under section 3734.55 of the Revised Code or a resolution adopted and ratified under this division that are within the ranges of rates prescribed by this amendment, by adoption of a resolution not later than December 1, 1993, and without the necessity for ratification of the resolution under this division, may amend those fees within the prescribed ranges, provided that the estimated revenues from the amended fees will not substantially exceed the estimated revenues set forth in the district's budget for calendar year 1994. Not later than seven days after the adoption of such a resolution, the committee shall notify by certified mail the owner or operator of each solid waste disposal facility that is required to collect the fees of the adoption of the resolution and of the amount of the amended fees. Collection of the amended fees shall take effect on the first day of the first month following the month in which the notification is sent to the owner or operator. The fees established in such a resolution shall remain in effect until the district's resolution levying fees that was adopted and ratified under this division is amended or repealed, and the amendment or repeal of the resolution is ratified, in accordance with this division, to amend or abolish the fees, the schedule of fees is amended or abolished in an amended plan of the district approved under section 3734.521 or division (A) or (D) of section 3734.56 of the Revised Code, or the schedule of fees is amended or abolished through an amendment to the district's plan under division (E) of section 3734.56 of the Revised Code; the notification of the amendment or abolishment of the fees has been given in accordance with this division; and collection of the amended fees so established commences, or collection of the fees ceases, in accordance with this division.
Prior to the approval of the solid waste management plan of the district under section 3734.55 of the Revised Code, the solid waste management policy committee of a district may levy fees under this division by adopting a resolution establishing the proposed amount of the fees. Upon adopting the resolution, the committee shall deliver a copy of the resolution to the board of county commissioners of each county forming the district and to the legislative authority of each municipal corporation and township under the jurisdiction of the district and shall prepare and publish the resolution and a notice of the time and location where a public hearing on the fees will be held. Upon adopting the resolution, the committee shall deliver written notice of the adoption of the resolution; of the amount of the proposed fees; and of the date, time, and location of the public hearing to the director and to the fifty industrial, commercial, or institutional generators of solid wastes within the district that generate the largest quantities of solid wastes, as determined by the committee, and to their local trade associations. The committee shall make good faith efforts to identify those generators within the district and their local trade associations, but the nonprovision of notice under this division to a particular generator or local trade association does not invalidate the proceedings under this division. The publication shall occur at least thirty days before the hearing. After the hearing, the committee may make such revisions to the proposed fees as it considers appropriate and thereafter, by resolution, shall adopt the revised fee schedule. Upon adopting the revised fee schedule, the committee shall deliver a copy of the resolution doing so to the board of county commissioners of each county forming the district and to the legislative authority of each municipal corporation and township under the jurisdiction of the district. Within sixty days after the delivery of a copy of the resolution adopting the proposed revised fees by the policy committee, each such board and legislative authority, by ordinance or resolution, shall approve or disapprove the revised fees and deliver a copy of the ordinance or resolution to the committee. If any such board or legislative authority fails to adopt and deliver to the policy committee an ordinance or resolution approving or disapproving the revised fees within sixty days after the policy committee delivered its resolution adopting the proposed revised fees, it shall be conclusively presumed that the board or legislative authority has approved the proposed revised fees.
In the case of a county district or a joint district formed by two or three counties, the committee shall declare the proposed revised fees to be ratified as the fee schedule of the district upon determining that the board of county commissioners of each county forming the district has approved the proposed revised fees and that the legislative authorities of a combination of municipal corporations and townships with a combined population within the district comprising at least sixty per cent of the total population of the district have approved the proposed revised fees, provided that in the case of a county district, that combination shall include the municipal corporation having the largest population within the boundaries of the district, and provided further that in the case of a joint district formed by two or three counties, that combination shall include for each county forming the joint district the municipal corporation having the largest population within the boundaries of both the county in which the municipal corporation is located and the joint district. In the case of a joint district formed by four or more counties, the committee shall declare the proposed revised fees to be ratified as the fee schedule of the joint district upon determining that the boards of county commissioners of a majority of the counties forming the district have approved the proposed revised fees; that, in each of a majority of the counties forming the joint district, the proposed revised fees have been approved by the municipal corporation having the largest population within the county and the joint district; and that the legislative authorities of a combination of municipal corporations and townships with a combined population within the joint district comprising at least sixty per cent of the total population of the joint district have approved the proposed revised fees.
For the purposes of this division, only the population of the unincorporated area of a township shall be considered. For the purpose of determining the largest municipal corporation within each county under this division, a municipal corporation that is located in more than one solid waste management district, but that is under the jurisdiction of one county or joint solid waste management district in accordance with division (A) of section 3734.52 of the Revised Code shall be considered to be within the boundaries of the county in which a majority of the population of the municipal corporation resides.
The committee may amend the schedule of fees levied pursuant to a resolution or amended resolution adopted and ratified under this division by adopting a resolution establishing the proposed amount of the amended fees. The committee may abolish the fees levied pursuant to such a resolution or amended resolution by adopting a resolution proposing to repeal them. Upon adopting such a resolution, the committee shall proceed to obtain ratification of the resolution in accordance with this division.
Not later than fourteen days after declaring the fees or amended fees to be ratified under this division, the committee shall notify by certified mail the owner or operator of each solid waste disposal facility that is required to collect the fees of the ratification and the amount of the fees. Collection of any fees or amended fees ratified on or after March 24, 1992, shall commence on the first day of the second month following the month in which notification is sent to the owner or operator.
Not later than fourteen days after declaring the repeal of the district's schedule of fees to be ratified under this division, the committee shall notify by certified mail the owner or operator of each facility that is collecting the fees of the repeal. Collection of the fees shall cease on the first day of the second month following the month in which notification is sent to the owner or operator.
Not later than fourteen days after the director issues an order approving a district's solid waste management plan under section 3734.55 of the Revised Code or amended plan under division (A) or (D) of section 3734.56 of the Revised Code that establishes or amends a schedule of fees levied by the district, or the ratification of an amendment to the district's approved plan or amended plan under division (E) of section 3734.56 of the Revised Code that establishes or amends a schedule of fees, as appropriate, the committee shall notify by certified mail the owner or operator of each solid waste disposal facility that is required to collect the fees of the approval of the plan or amended plan, or the amendment to the plan, as appropriate, and the amount of the fees or amended fees. In the case of an initial or amended plan approved under section 3734.521 of the Revised Code in connection with a change in district composition, other than one involving the withdrawal of a county from a joint district, that establishes or amends a schedule of fees levied under divisions (B)(1) to (3) of this section by a district resulting from the change, the committee, within fourteen days after the change takes effect pursuant to division (G) of that section, shall notify by certified mail the owner or operator of each solid waste disposal facility that is required to collect the fees that the change has taken effect and of the amount of the fees or amended fees. Collection of any fees set forth in a plan or amended plan approved by the director on or after April 16, 1993, or an amendment of a plan or amended plan under division (E) of section 3734.56 of the Revised Code that is ratified on or after April 16, 1993, shall commence on the first day of the second month following the month in which notification is sent to the owner or operator.
Not later than fourteen days after the director issues an order approving a district's plan under section 3734.55 of the Revised Code or amended plan under division (A) or (D) of section 3734.56 of the Revised Code that abolishes the schedule of fees levied under divisions (B)(1) to (3) of this section, or an amendment to the district's approved plan or amended plan abolishing the schedule of fees is ratified pursuant to division (E) of section 3734.56 of the Revised Code, as appropriate, the committee shall notify by certified mail the owner or operator of each facility that is collecting the fees of the approval of the plan or amended plan, or the amendment of the plan or amended plan, as appropriate, and the abolishment of the fees. In the case of an initial or amended plan approved under section 3734.521 of the Revised Code in connection with a change in district composition, other than one involving the withdrawal of a county from a joint district, that abolishes the schedule of fees levied under divisions (B)(1) to (3) of this section by a district resulting from the change, the committee, within fourteen days after the change takes effect pursuant to division (G) of that section, shall notify by certified mail the owner or operator of each solid waste disposal facility that is required to collect the fees that the change has taken effect and of the abolishment of the fees. Collection of the fees shall cease on the first day of the second month following the month in which notification is sent to the owner or operator.
Except as otherwise provided in this division, if the schedule of fees that a district is levying under divisions (B)(1) to (3) of this section pursuant to a resolution or amended resolution adopted and ratified under this division, the solid waste management plan of the district approved under section 3734.55 of the Revised Code, an amended plan approved under division (A) or (D) of section 3734.56 of the Revised Code, or an amendment to the district's approved plan or amended plan under division (E) of section 3734.56 of the Revised Code, is amended by the adoption and ratification of an amendment to the resolution or amended resolution or an amendment of the district's approved plan or amended plan, the fees in effect immediately prior to the approval of the plan or the amendment of the resolution, amended resolution, plan, or amended plan, as appropriate, shall continue to be collected until collection of the amended fees commences pursuant to this division.
If, in the case of a change in district composition involving the withdrawal of a county from a joint district, the director completes the actions required under division (G)(1) or (3) of section 3734.521 of the Revised Code, as appropriate, forty-five days or more before the beginning of a calendar year, the policy committee of each of the districts resulting from the change that obtained the director's approval of an initial or amended plan in connection with the change, within fourteen days after the director's completion of the required actions, shall notify by certified mail the owner or operator of each solid waste disposal facility that is required to collect the district's fees that the change is to take effect on the first day of January immediately following the issuance of the notice and of the amount of the fees or amended fees levied under divisions (B)(1) to (3) of this section pursuant to the district's initial or amended plan as so approved or, if appropriate, the abolishment of the district's fees by that initial or amended plan. Collection of any fees set forth in such a plan or amended plan shall commence on the first day of January immediately following the issuance of the notice. If such an initial or amended plan abolishes a schedule of fees, collection of the fees shall cease on that first day of January.
If, in the case of a change in district composition involving the withdrawal of a county from a joint district, the director completes the actions required under division (G)(1) or (3) of section 3734.521 of the Revised Code, as appropriate, less than forty-five days before the beginning of a calendar year, the director, on behalf of each of the districts resulting from the change that obtained the director's approval of an initial or amended plan in connection with the change proceedings, shall notify by certified mail the owner or operator of each solid waste disposal facility that is required to collect the district's fees that the change is to take effect on the first day of January immediately following the mailing of the notice and of the amount of the fees or amended fees levied under divisions (B)(1) to (3) of this section pursuant to the district's initial or amended plan as so approved or, if appropriate, the abolishment of the district's fees by that initial or amended plan. Collection of any fees set forth in such a plan or amended plan shall commence on the first day of the second month following the month in which notification is sent to the owner or operator. If such an initial or amended plan abolishes a schedule of fees, collection of the fees shall cease on the first day of the second month following the month in which notification is sent to the owner or operator.
In the case of a change in district composition, the schedule of fees that the former districts that existed prior to the change were levying under divisions (B)(1) to (3) of this section pursuant to a resolution or amended resolution adopted and ratified under this division, the solid waste management plan of a former district approved under section 3734.521 or 3734.55 of the Revised Code, an amended plan approved under section 3734.521 or division (A) or (D) of section 3734.56 of the Revised Code, or an amendment to a former district's approved plan or amended plan under division (E) of section 3734.56 of the Revised Code, and that were in effect on the date that the director completed the actions required under division (G)(1) or (3) of section 3734.521 of the Revised Code shall continue to be collected until the collection of the fees or amended fees of the districts resulting from the change is required to commence, or if an initial or amended plan of a resulting district abolishes a schedule of fees, collection of the fees is required to cease, under this division. Moneys so received from the collection of the fees of the former districts shall be divided among the resulting districts in accordance with division (B) of section 343.012 of the Revised Code and the agreements entered into under division (B) of section 343.01 of the Revised Code to establish the former and resulting districts and any amendments to those agreements.
For the purposes of the provisions of division (B) of this section establishing the times when newly established or amended fees levied by a district are required to commence and the collection of fees that have been amended or abolished is required to cease, "fees" or "schedule of fees" includes, in addition to fees levied under divisions (B)(1) to (3) of this section, those levied under section 3734.573 or 3734.574 of the Revised Code.
(C) For the purposes of defraying the added costs to a municipal corporation or township of maintaining roads and other public facilities and of providing emergency and other public services, and compensating a municipal corporation or township for reductions in real property tax revenues due to reductions in real property valuations resulting from the location and operation of a solid waste disposal facility within the municipal corporation or township, a municipal corporation or township in which such a solid waste disposal facility is located may levy a fee of not more than twenty-five cents per ton on the disposal of solid wastes at a solid waste disposal facility located within the boundaries of the municipal corporation or township regardless of where the wastes were generated.
The legislative authority of a municipal corporation or township may levy fees under this division by enacting an ordinance or adopting a resolution establishing the amount of the fees. Upon so doing the legislative authority shall mail a certified copy of the ordinance or resolution to the board of county commissioners or directors of the county or joint solid waste management district in which the municipal corporation or township is located or, if a regional solid waste management authority has been formed under section 343.011 of the Revised Code, to the board of trustees of that regional authority, the owner or operator of each solid waste disposal facility in the municipal corporation or township that is required to collect the fee by the ordinance or resolution, and the director of environmental protection. Although the fees levied under this division are levied on the basis of tons as the unit of measurement, the legislative authority, in its ordinance or resolution levying the fees under this division, may direct that the fees be levied on the basis of cubic yards as the unit of measurement based upon a conversion factor of three cubic yards per ton generally or one cubic yard per ton for baled wastes.
Not later than five days after enacting an ordinance or adopting a resolution under this division, the legislative authority shall so notify by certified mail the owner or operator of each solid waste disposal facility that is required to collect the fee. Collection of any fee levied on or after March 24, 1992, shall commence on the first day of the second month following the month in which notification is sent to the owner or operator.
(D)(1) The fees levied under divisions (A), (B), and (C) of this section do not apply to the disposal of solid wastes that:
(a) Are disposed of at a facility owned by the generator of the wastes when the solid waste facility exclusively disposes of solid wastes generated at one or more premises owned by the generator regardless of whether the facility is located on a premises where the wastes are generated;
(b) Are disposed of at facilities that exclusively dispose of wastes that are generated from the combustion of coal, or from the combustion of primarily coal in combination with scrap tires, that is not combined in any way with garbage at one or more premises owned by the generator.
(2) Except as provided in section 3734.571 of the Revised Code, any fees levied under division (B)(1) of this section apply to solid wastes originating outside the boundaries of a county or joint district that are covered by an agreement for the joint use of solid waste facilities entered into under section 343.02 of the Revised Code by the board of county commissioners or board of directors of the county or joint district where the wastes are generated and disposed of.
(3) When solid wastes, other than solid wastes that consist of scrap tires, are burned in a disposal facility that is an incinerator or energy recovery facility, the fees levied under divisions (A), (B), and (C) of this section shall be levied upon the disposal of the fly ash and bottom ash remaining after burning of the solid wastes and shall be collected by the owner or operator of the sanitary landfill where the ash is disposed of.
(4) When solid wastes are delivered to a solid waste transfer facility, the fees levied under divisions (A), (B), and (C) of this section shall be levied upon the disposal of solid wastes transported off the premises of the transfer facility for disposal and shall be collected by the owner or operator of the solid waste disposal facility where the wastes are disposed of.
(5) The fees levied under divisions (A), (B), and (C) of this section do not apply to sewage sludge that is generated by a waste water treatment facility holding a national pollutant discharge elimination system permit and that is disposed of through incineration, land application, or composting or at another resource recovery or disposal facility that is not a landfill.
(6) The fees levied under divisions (A), (B), and (C) of this section do not apply to solid wastes delivered to a solid waste composting facility for processing. When any unprocessed solid waste or compost product is transported off the premises of a composting facility and disposed of at a landfill, the fees levied under divisions (A), (B), and (C) of this section shall be collected by the owner or operator of the landfill where the unprocessed waste or compost product is disposed of.
(7) When solid wastes that consist of scrap tires are processed at a scrap tire recovery facility, the fees levied under divisions (A), (B), and (C) of this section shall be levied upon the disposal of the fly ash and bottom ash or other solid wastes remaining after the processing of the scrap tires and shall be collected by the owner or operator of the solid waste disposal facility where the ash or other solid wastes are disposed of.
(E) The fees levied under divisions (B) and (C) of this section shall be collected by the owner or operator of the solid waste disposal facility where the wastes are disposed of as a trustee for the county or joint district and municipal corporation or township where the wastes are disposed of. Moneys from the fees levied under division (B) of this section shall be forwarded to the board of county commissioners or board of directors of the district in accordance with rules adopted under division (H) of this section. Moneys from the fees levied under division (C) of this section shall be forwarded to the treasurer or such other officer of the municipal corporation as, by virtue of the charter, has the duties of the treasurer or to the clerk of the township, as appropriate, in accordance with those rules.
(F) Moneys received by the treasurer or such other officer of the municipal corporation under division (E) of this section shall be paid into the general fund of the municipal corporation. Moneys received by the clerk of the township under that division shall be paid into the general fund of the township. The treasurer or such other officer of the municipal corporation or the clerk, as appropriate, shall maintain separate records of the moneys received from the fees levied under division (C) of this section.
(G) Moneys received by the board of county commissioners or board of directors under division (E) of this section or section 3734.571, 3734.572, 3734.573, or 3734.574 of the Revised Code shall be paid to the county treasurer, or other official acting in a similar capacity under a county charter, in a county district or to the county treasurer or other official designated by the board of directors in a joint district and kept in a separate and distinct fund to the credit of the district. If a regional solid waste management authority has been formed under section 343.011 of the Revised Code, moneys received by the board of trustees of that regional authority under division (E) of this section shall be kept by the board in a separate and distinct fund to the credit of the district. Moneys in the special fund of the county or joint district arising from the fees levied under division (B) of this section and the fee levied under division (A) of section 3734.573 of the Revised Code shall be expended by the board of county commissioners or directors of the district in accordance with the district's solid waste management plan or amended plan approved under section 3734.521, 3734.55, or 3734.56 of the Revised Code exclusively for the following purposes:
(1) Preparation of the solid waste management plan of the district under section 3734.54 of the Revised Code, monitoring implementation of the plan, and conducting the periodic review and amendment of the plan required by section 3734.56 of the Revised Code by the solid waste management policy committee;
(2) Implementation of the approved solid waste management plan or amended plan of the district, including, without limitation, the development and implementation of solid waste recycling or reduction programs;
(3) Providing financial assistance to boards of health within the district, if solid waste facilities are located within the district, for enforcement of this chapter and rules, orders, and terms and conditions of permits, licenses, and variances adopted or issued under it, other than the hazardous waste provisions of this chapter and rules adopted and orders and terms and conditions of permits issued under those provisions;
(4) Providing financial assistance to each county within the district to defray the added costs of maintaining roads and other public facilities and of providing emergency and other public services resulting from the location and operation of a solid waste facility within the county under the district's approved solid waste management plan or amended plan;
(5) Pursuant to contracts entered into with boards of health within the district, if solid waste facilities contained in the district's approved plan or amended plan are located within the district, for paying the costs incurred by those boards of health for collecting and analyzing samples from public or private water wells on lands adjacent to those facilities;
(6) Developing and implementing a program for the inspection of solid wastes generated outside the boundaries of this state that are disposed of at solid waste facilities included in the district's approved solid waste management plan or amended plan;
(7) Providing financial assistance to boards of health within the district for the enforcement of section 3734.03 of the Revised Code or to local law enforcement agencies having jurisdiction within the district for enforcing anti-littering laws and ordinances;
(8) Providing financial assistance to boards of health of health districts within the district that are on the approved list under section 3734.08 of the Revised Code to defray the costs to the health districts for the participation of their employees responsible for enforcement of the solid waste provisions of this chapter and rules adopted and orders and terms and conditions of permits, licenses, and variances issued under those provisions in the training and certification program as required by rules adopted under division (L) of section 3734.02 of the Revised Code;
(9) Providing financial assistance to individual municipal corporations and townships within the district to defray their added costs of maintaining roads and other public facilities and of providing emergency and other public services resulting from the location and operation within their boundaries of a composting, energy or resource recovery, incineration, or recycling facility that either is owned by the district or is furnishing solid waste management facility or recycling services to the district pursuant to a contract or agreement with the board of county commissioners or directors of the district;
(10) Payment of any expenses that are agreed to, awarded, or ordered to be paid under section 3734.35 of the Revised Code and of any administrative costs incurred pursuant to that section. In the case of a joint solid waste management district, if the board of county commissioners of one of the counties in the district is negotiating on behalf of affected communities, as defined in that section, in that county, the board shall obtain the approval of the board of directors of the district in order to expend moneys for administrative costs incurred.
Prior to the approval of the district's solid waste management plan under section 3734.55 of the Revised Code, moneys in the special fund of the district arising from the fees shall be expended for those purposes in the manner prescribed by the solid waste management policy committee by resolution.
Notwithstanding division (G)(6) of this section as it existed prior to October 29, 1993, or any provision in a district's solid waste management plan prepared in accordance with division (B)(2)(e) of section 3734.53 of the Revised Code as it existed prior to that date, any moneys arising from the fees levied under division (B)(3) of this section prior to January 1, 1994, may be expended for any of the purposes authorized in divisions (G)(1) to (10) of this section.
(H) The director shall adopt rules in accordance with Chapter 119. of the Revised Code prescribing procedures for collecting and forwarding the fees levied under divisions (B) and (C) of this section to the boards of county commissioners or directors of county or joint solid waste management districts and to the treasurers or other officers of municipal corporations or to the clerks of townships. The rules also shall prescribe the dates for forwarding the fees to the boards and officials and may prescribe any other requirements the director considers necessary or appropriate to implement and administer divisions (A), (B), and (C) of this section. Collection of the fees levied under division (A)(1) of this section shall commence on July 1, 1993. Collection of the fees levied under division (A)(2) of this section shall commence on January 1, 1994.
Sec. 3769.021. The state racing commission shall appoint a
secretary, who shall serve during the pleasure of the commission.
The secretary shall devote his full time to the duties of the
office and shall not hold any other office or employment. To be
eligible for appointment as secretary, a person must shall meet the
qualifications required of a commissioner under section 3769.02
of the Revised Code, and the except that the secretary shall be a qualified elector and resident of the state and does not need to additionally satisfy the qualification of a commissioner to be a resident of this state for not less than five years immediately preceding appointment. The secretary is subject to the
restrictions applying to a commissioner under that section.
The secretary shall be paid a salary fixed pursuant to section 124.14 of the Revised Code and shall be allowed actual and necessary traveling expenses when on commission business. The salary and expenses shall be paid out of the state racing commission operating fund created by section 3769.03 of the Revised Code.
The secretary shall attend all meetings of the commission.
He The secretary shall keep a complete record of its proceedings
and preserve,
at its general office, all books, maps, documents, and papers
entrusted to its care.
He The secretary shall be the executive officer of the
commission and be
responsible for keeping all commission records and the carrying
out of the rules and orders of the commission. He The secretary
shall perform
such any other duties as the commission prescribes.
Sec. 3769.087. (A) In addition to the commission of eighteen per cent retained by each permit holder as provided in section 3769.08 of the Revised Code, each permit holder shall retain an additional amount equal to four per cent of the total of all moneys wagered on each racing day on all wagering pools other than win, place, and show, of which amount retained an amount equal to three per cent of the total of all moneys wagered on each racing day on those pools shall be paid by check, draft, or money order to the tax commissioner, as a tax. Subject to the restrictions contained in divisions (B), (C), and (M) of section 3769.08 of the Revised Code, from such additional moneys paid to the tax commissioner:
(1) Four-sixths shall be allocated to fund distribution as provided in division (M) of section 3769.08 of the Revised Code.
(2) One-twelfth shall be paid into the Ohio fairs fund created by section 3769.082 of the Revised Code.
(3) One-twelfth of the additional moneys paid to the tax commissioner by thoroughbred racing permit holders shall be paid into the Ohio thoroughbred race fund created by section 3769.083 of the Revised Code.
(4) One-twelfth of the additional moneys paid to the tax commissioner by harness horse racing permit holders shall be paid to the Ohio standardbred development fund created by section 3769.085 of the Revised Code.
(5) One-twelfth of the additional moneys paid to the tax commissioner by quarter horse racing permit holders shall be paid to the Ohio quarter horse development fund created by section 3769.086 of the Revised Code.
(6) One-sixth shall be paid into the state racing commission operating fund created by section 3769.03 of the Revised Code.
The remaining one per cent that is retained of the total of all moneys wagered on each racing day on all pools other than win, place, and show, shall be retained by racing permit holders, and, except as otherwise provided in section 3769.089 of the Revised Code, racing permit holders shall use one-half for purse money and retain one-half.
(B) In addition to the commission of eighteen per cent retained by each permit holder as provided in section 3769.08 of the Revised Code and the additional amount retained by each permit holder as provided in division (A) of this section, each permit holder shall retain an additional amount equal to one-half of one per cent of the total of all moneys wagered on each racing day on all wagering pools other than win, place, and show. Except as provided in division (C) of this section, from the additional amount retained under this division, each permit holder shall retain an amount equal to one-quarter of one per cent of the total of all moneys wagered on each racing day on all pools other than win, place, and show and shall pay that amount by check, draft, or money order to the tax commissioner, as a tax. The tax commissioner shall pay the amount of the tax received under this division to the state racing commission operating fund created by section 3769.03 of the Revised Code.
Except as provided in division (C) of this section, the remaining one-quarter of one per cent that is retained from the total of all moneys wagered on each racing day on all pools other than win, place, and show shall be retained by the permit holder, and the permit holder shall use one-half for purse money and retain one-half.
(C) During the period commencing on July 1, 2003, and ending on and including June 30, 2004 2005, the additional amount retained by each permit holder under division (B) of this section shall be paid by check, draft, or money order to the tax commissioner, as a tax. The tax commissioner shall pay the amount of the tax received under this division to the state racing commission operating fund created by section 3769.03 of the Revised Code.
Sec. 3770.07. (A) Lottery (1) Except as provided in division (A)(2) of this section, lottery prize awards shall be claimed
by the holder of the winning lottery ticket, or by the executor
or
administrator, or the trustee of a trust, of the
estate of a
deceased holder of a winning lottery
ticket, in a manner to be determined
by the state lottery
commission, within one hundred eighty days
after the date on
which such the prize award was announced if the
lottery game is an
on-line game, and within one hundred eighty
days after the close
of the game if the lottery game is an instant
game. If
(2) An eligible person serving on active military duty in any branch of the United States armed forces during a war or national emergency declared in accordance with federal law may submit a delayed claim for a lottery prize award. The eligible person shall do so by notifying the commission about the claim not later than the five hundred fortieth day after the date on which the prize award was announced if the lottery game is an on-line game or the date on which the lottery game closed if the lottery game is an instant game.
(3) If no valid
claim to the a lottery prize award is made within the
prescribed period,
the prize money or, the cost of goods and
services awarded as
prizes, or, if such goods or services awarded as prizes are
resold by the
commission, the proceeds from such their sale, shall be
returned to the
state lottery fund and distributed in accordance
with section
3770.06 of the Revised Code.
(4) As used in this division:
(a) "Eligible person" means a person who is entitled to a lottery prize award and who falls into either of the following categories:
(i) While on active military duty in this state, the person, as the result of a war or national emergency declared in accordance with federal law, is transferred out of this state before the one hundred eightieth day after the date on which the winner of the lottery prize award is selected.
(ii) While serving in the reserve forces in this state, the person, as the result of a war or national emergency declared in accordance with federal law, is placed on active military duty and is transferred out of this state before the expiration of the one hundred eightieth day after the date on which the prize drawing occurs for an on-line game or before the expiration of the one hundred eightieth day following the close of an instant game as determined by the commission.
(b) "Active military duty" means that a person is covered by the "Servicemembers Civil Relief Act," 117 Stat. 2835 (2003), 50 U.S.C. 501 et. seq, as amended, or the "Uniformed Services Employment and Reemployment Rights Act of 1994," 108 Stat. 3149, 38 U.S.C. 4301 et. seq., as amended.
(B) If a prize winner, as defined in section 3770.10 of the Revised Code, is under eighteen years of age, or is under some other legal disability, and the prize money or the cost of goods or services awarded as a prize exceeds one thousand dollars, the director of the state lottery commission shall order that payment be made to the order of the legal guardian of that prize winner. If the amount of the prize money or the cost of goods or services awarded as a prize is one thousand dollars or less, the director may order that payment be made to the order of the adult member, if any, of that prize winner's family legally responsible for the care of that prize winner.
(C) No right of any prize winner, as defined in section 3770.10 of the Revised Code, to a prize award shall be the subject of a security interest or used as collateral.
(D)(1) No right of any
prize winner, as defined in
section
3770.10 of the Revised Code, to a prize award shall be
assignable,
or subject to garnishment, attachment, execution,
withholding, or
deduction, except as follows: as provided in
sections 3119.80,
3119.81, 3121.02, 3121.03, and
3123.06 of the
Revised Code; when
the
payment is to be made to the executor or
administrator, or the
trustee of a trust, of the estate of a winning
ticket holder; when
the award of a prize is disputed, any person
may be awarded a
prize award to which another has claimed title,
pursuant to the
order of a court of competent jurisdiction;
when the director
is
to make a payment pursuant to sections section
3770.071 or 3770.073 of the Revised
Code; or as provided in sections 3770.10
to 3770.14 of
the Revised
Code.
(2) The commission shall adopt rules pursuant to section
3770.03
of the
Revised Code concerning the payment of prize awards
upon
the death of a prize winner. Upon the death of a prize
winner, as defined in section 3770.10 of the Revised Code. Upon the death of a prize winner,
the
remainder
of the prize winner's prize award, to the
extent it
is
not subject to a transfer agreement under sections
3770.10 to
3770.14 of the Revised Code, may be paid to the
executor,
administrator,
or trustee in the form of a discounted
lump sum
cash settlement.
(E) No lottery prize award shall be awarded to or for any
officer or employee of the state lottery commission, any officer
or
employee of the auditor of state actively coordinating and certifying
commission drawings, or any blood
relative or spouse of
such an officer or employee of the commission or auditor
of state
living as a member
of such the officer's or employee's household, nor
shall any such officer,
employee, blood relative, or spouse attempt to
claim a lottery prize
award.
(F) The director may prohibit vendors to the commission and their employees from being awarded a lottery prize award.
(G) Upon the payment of
prize awards pursuant to this
section, the director and the
commission are discharged from all
further liability therefor for their payment.
Sec. 3781.19. There is hereby established in the
department of commerce a board of building appeals
consisting of five members who shall be appointed by the
governor with the advice and consent of the senate. Terms of
office shall be for four years, commencing on the fourteenth day
of October and ending on the thirteenth day of October. Each
member shall hold office from the date of his appointment until
the end of the term for which he the member was appointed. Any
member
appointed to fill a vacancy occurring prior to the expiration of
the term for which his 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 his the member's
term until his a successor takes office, or until a period of
sixty days has
elapsed, whichever occurs first. One member shall be an
attorney-at-law, admitted to the bar of this state and of the
remaining members, one shall be a registered architect and one
shall be a professional engineer, each of whom shall be duly
licensed to practice their respective professions in this state, one
shall be a fire prevention officer qualified
under section 3737.66 of the Revised Code, and
one shall be a person with recognized ability in the
plumbing or pipefitting profession.
No member of the board of building standards shall be a member of
the board of building appeals. Each member shall be paid an
amount fixed pursuant to Chapter 124. of the Revised Code per
diem. The department shall provide and
assign to the board such employees as are required by the board
to perform its functions. The board may adopt its own rules of
procedure not inconsistent with sections 3781.06 to 3781.18 and
3791.04 of the Revised Code, and may change them in its
discretion. The board may establish reasonable fees, based on
actual costs for administration of filing and processing, not to
exceed one two hundred dollars, for the costs of filing and
processing appeals. A full and complete record of all
proceedings of the board shall be kept and be open to public
inspection.
In the enforcement by any department of the state or any political subdivision of this chapter and Chapter 3791., and sections 3737.41, 3737.42, 4104.02, 4104.06, 4104.44, 4104.45, 4105.011, and 4105.11 of the Revised Code and any rule made thereunder, such department is the agency referred to in sections 119.07, 119.08, and 119.10 of the Revised Code.
The appropriate municipal or county board of appeals, where one exists, certified pursuant to section 3781.20 of the Revised Code shall conduct the adjudication hearing referred to in sections 119.09 to 119.13 and required by section 3781.031 of the Revised Code. If there is no certified municipal or county board of appeals, the board of building appeals shall conduct the adjudication hearing. If the adjudication hearing concerns section 3781.111 of the Revised Code or any rule made thereunder, reasonable notice of the time, date, place, and subject of the hearing shall be given to any local corporation, association, or other organization composed of or representing handicapped persons, as defined in section 3781.111 of the Revised Code, or if there is no local organization, then to any statewide corporation, association, or other organization composed of or representing handicapped persons.
In addition to the provisions of Chapter 119. of the Revised Code, the municipal, county, or state board of building appeals, as the agency conducting the adjudication hearing, may reverse or modify the order of the enforcing agency if it finds that the order is contrary to this chapter and Chapters 3791. and 4104., and sections 3737.41, 3737.42, 4105.011 and 4105.11 of the Revised Code and any rule made thereunder or to a fair interpretation or application of such laws or any rule made thereunder, or that a variance from the provisions of such laws or any rule made thereunder, in the specific case, will not be contrary to the public interest where a literal enforcement of such provisions will result in unnecessary hardship.
The state board of building appeals or a certified municipal or county board of appeals shall render its decision within thirty days after the date of the adjudication hearing. Following the adjudication hearing, any municipal or county officer, official municipal or county board, or person who was a party to the hearing before the municipal or county board of appeals may apply to the state board of appeals for a de novo hearing before the state board, or may appeal directly to the court of common pleas pursuant to section 3781.031 of the Revised Code.
In addition, any local corporation, association, or other organization composed of or representing handicapped persons as defined in section 3781.111 of the Revised Code, or, if no local corporation, association, or organization exists, then any statewide corporation, association, or other organization composed of or representing handicapped persons may apply for the de novo hearing or appeal to the court of common pleas from any decision of a certified municipal or county board of appeals interpreting, applying, or granting a variance from section 3781.111 of the Revised Code and any rule made thereunder. Application for a de novo hearing before the state board shall be made no later than thirty days after the municipal or county board renders its decision.
The state board of building appeals or the appropriate certified local board of building appeals shall grant variances and exemptions from the requirements of section 3781.108 of the Revised Code in accordance with rules adopted by the board of building standards pursuant to division (J) of section 3781.10 of the Revised Code.
The state board of building appeals or the appropriate certified local board of building appeals shall, in granting a variance or exemption from section 3781.108 of the Revised Code, in addition to any other considerations the state or the appropriate local board determines appropriate, consider the architectural and historical significance of the building.
Sec. 4701.03. (A) The accountancy board annually shall elect a president, secretary, and treasurer from its members. The board may adopt and amend rules for the orderly conduct of its affairs and for the administration of this chapter. The board may adopt and amend rules defining the practice of public accounting, rules of professional conduct appropriate to establish and maintain a high standard of integrity and dignity in registrants and certificate holders under this chapter, and rules regulating the sole proprietorship, partnership, limited liability company, professional association, corporation-for-profit, or other legal entity practice of public accounting. A majority of the board shall constitute a quorum for the transaction of business.
(B) The board shall keep and hold open for public inspection all records of its proceedings.
(C) The board may employ any clerks that are necessary to
assist it in the performance of its duties and the keeping of its
records. If the board employs an executive director, the executive
director shall be paid in accordance with pay range 18 of salary schedule
E-1 listed in of section 124.152 of the Revised Code, or, if the director was employed and being paid on June 28, 2003, in accordance with step 7 in pay range 18 of schedule E-1 of former section 124.152 of the Revised Code and continued to be so paid on June 29, 2003, the executive director shall be paid in accordance with pay range 18 of salary schedule E-1 for step seven only of section 124.152 of the Revised Code.
Sec. 4707.05. Except as otherwise provided in section 4707.25 of the Revised Code, all fees and charges collected by the department of agriculture pursuant to this chapter shall be paid into the state treasury to the credit of the auctioneers fund, which is hereby created. All expenses incurred by the department in administering this chapter shall be paid out of the fund. The total expenses incurred by the department in the administration of this chapter shall not exceed the total fees, charges, fines, and penalties imposed under sections 4707.08, 4707.10, and 4707.99 of the Revised Code and paid to the treasurer of state. The department may conduct education programs for the enlightenment and benefit of all auctioneers who have paid fees pursuant to sections 4707.08 and 4707.10 of the Revised Code.
Out of the moneys credited pursuant to this section, the fund shall be assessed a proportionate share of the administrative costs of the department in accordance with procedures prescribed by the director of agriculture and approved by the director of budget and management. The assessment shall be paid from the auctioneers fund to the division of administration fund.
At the end of each fiscal year, if the balance of the fund is greater than three hundred thousand dollars, the director of agriculture shall request the director of budget and management to, and the director of budget and management shall, transfer twenty-five per cent of the balance that is in excess of three hundred thousand dollars to the auction recovery fund created in section 4707.25 of the Revised Code.
Sec. 4723.431. (A) Except as provided in division
(C)(D)(1) of this section, a clinical nurse
specialist, certified nurse-midwife, or certified nurse practitioner may
practice only in accordance with a standard care arrangement entered into with
each physician or podiatrist with whom the nurse collaborates. A
copy of the standard care arrangement shall be retained on file at
each site where the nurse practices. Prior approval of the
standard care arrangement by the board of nursing is not required,
but the board may periodically review it for compliance with this
section.
A clinical nurse specialist, certified nurse-midwife, or certified nurse practitioner may enter into a standard care arrangement with one or more collaborating physicians or podiatrists. Each physician or podiatrist must be actively engaged in direct clinical practice in this state and practicing in a specialty that is the same as or similar to the nurse's nursing specialty. If a collaborating physician or podiatrist enters into standard care arrangements with more than three nurses who hold certificates to prescribe issued under section 4723.48 of the Revised Code, the physician or podiatrist shall not collaborate at the same time with more than three of the nurses in the prescribing component of their practices.
(B) A standard care
arrangement shall be in writing and, except as provided in division
(C)(D)(2) of this section, shall contain all of the following:
(1) Criteria for referral of a patient by the clinical nurse specialist, certified nurse-midwife, or certified nurse practitioner to a collaborating physician or podiatrist;
(2) A process for the clinical nurse specialist, certified nurse-midwife, or certified nurse practitioner to obtain a consultation with a collaborating physician or podiatrist;
(3) A plan for coverage in instances of emergency or planned absences of either the clinical nurse specialist, certified nurse-midwife, or certified nurse practitioner or a collaborating physician or podiatrist that provides the means whereby a physician or podiatrist is available for emergency care;
(4) The process for resolution of disagreements regarding matters of patient management between the clinical nurse specialist, certified nurse-midwife, or certified nurse practitioner and a collaborating physician or podiatrist;
(5) A procedure for a regular review of the referrals by the clinical nurse specialist, certified nurse-midwife, or certified nurse practitioner to other health care professionals and the care outcomes for a random sample of all patients seen by the nurse;
(6) If the clinical nurse specialist or certified nurse practitioner regularly provides services to infants, a policy for care of infants up to age one and recommendations for collaborating physician visits for children from birth to age three;
(7) Any other criteria required by rule of the board adopted pursuant to section 4723.07 or 4723.50 of the Revised Code.
(C) A standard care arrangement entered into pursuant to this section may permit a clinical nurse specialist, certified nurse-midwife, or certified nurse practitioner to supervise services provided by a home health agency as defined in section 3701.881 of the Revised Code.
(D)(1) A clinical nurse specialist who does not hold a certificate to prescribe and whose nursing specialty is mental health or psychiatric mental health, as determined by the board, is not required to enter into a standard care arrangement, but shall practice in collaboration with one or more physicians.
(2) If a clinical nurse specialist
practicing in either of the
specialties specified in division (C)(D)(1) of this section holds a
certificate to prescribe, the nurse shall enter into
a standard care arrangement with one or more physicians. The standard care
arrangement must meet the requirements of division (B) of this
section, but only to the extent necessary to address the
prescribing component of the nurse's practice.
(E) Nothing in this section prohibits a hospital from hiring a clinical nurse specialist, certified nurse-midwife, or certified nurse practitioner as an employee and negotiating standard care arrangements on behalf of the employee as necessary to meet the requirements of this section. A standard care arrangement between the hospital's employee and the employee's collaborating physician is subject to approval by the medical staff and governing body of the hospital prior to implementation of the arrangement at the hospital.
Sec. 4758.20. (A) The chemical dependency professionals board shall adopt rules to establish, specify, or provide for all of the following:
(1) Fees for the purposes authorized by section 4758.21 of the Revised Code;
(2) For the purpose of section 4758.23 of the Revised Code, codes of ethical practice and professional conduct for individuals who hold a license or certificate issued under this chapter;
(3) For the purpose of section 4758.24 of the Revised Code, all of the following:
(a) Good moral character requirements for an individual who seeks or holds a license or certificate issued under this chapter;
(b) The documents that an individual seeking such a license or certificate must submit to the board;
(c) Requirements to obtain the license or certificate that are in addition to the requirements established under sections 4758.40, 4758.41, 4758.42, 4758.43, 4758.44, and 4758.45 of the Revised Code. The additional requirements may include preceptorships.
(4) Procedures for renewal of a chemical dependency counselor I license under section 4758.27 of the Revised Code;
(5) For the purpose of section 4758.28 of the Revised Code, requirements for approval of continuing education courses of study for individuals who hold a license or certificate issued under this chapter;
(6) For the purpose of section 4758.30 of the Revised Code, the intervention for and treatment of an individual holding a license or certificate issued under this chapter whose abilities to practice are impaired due to abuse of or dependency on alcohol or other drugs or other physical or mental condition;
(7) Requirements governing reinstatement of a suspended or revoked license or certificate under division (B) of section 4758.30 of the Revised Code, including requirements for determining the amount of time an individual must wait to apply for reinstatement;
(8) For the purpose of section 4758.31 of the Revised Code, methods of ensuring that all records the board holds pertaining to an investigation remain confidential during the investigation;
(9) Criteria for employees of the board to follow when performing their duties under division (B) of section 4758.35 of the Revised Code;
(10) For the purpose of division (A)(1) of section 4758.40
of the Revised Code, course
requirements for a master's degree in
behavioral sciences that shall, at a minimum, include at least
sixty quarter hours, or the equivalent number of semester hours,
in
all of the following courses:
(a) Theories of counseling and psychotherapy;
(b) Counseling procedures;
(c) Group process and techniques;
(d) Relationship therapy;
(e) Research methods and statistics;
(f) Fundamentals of assessment and diagnosis, including measurement and appraisal;
(g) Psychopathology;
(h) Human development;
(i) Cultural competence in counseling;
(j) Ethics.
(11) For the purpose of division (A)(3) of section 4758.40, division (A)(3) of section 4758.41, and division (A)(3) of section 4758.42, training requirements for chemical dependency that shall, at a minimum, include qualifications for the individuals who provide the training and instruction in all of the following courses:
(a) Theories of addiction;
(b) Counseling procedures and strategies with addicted populations;
(c) Group process and techniques working with addicted populations;
(d) Assessment and diagnosis of addiction;
(e) Relationship counseling with addicted populations;
(f) Pharmacology;
(g) Prevention strategies;
(h) Treatment planning;
(i) Legal and ethical issues.
(12) For the purpose of division (B)(2)(b) of section 4758.40 and division (B)(2) of section 4758.41 of the Revised Code, requirements for the forty clock hours of training on the version of the diagnostic and statistical manual of mental disorders that is current at the time of the training, including the number of the clock hours that must be on substance-related disorders, the number of the clock hours that must be on chemical dependency conditions, and the number of the clock hours that must be on awareness of other mental and emotional disorders;
(13) For the purpose of division (A)(1) of section 4758.41 of the Revised Code, course requirements for a bachelor's degree in behavioral sciences;
(14) For the purpose of division (A) of section 4758.43 of the Revised Code, training requirements for chemical dependency counseling that shall, at a minimum, include qualifications for the individuals who provide the training and instruction in one or more of the courses listed in division (A)(11) of this section as selected by the individual seeking the chemical dependency counselor assistant certificate;
(15) For the purpose of division (A)(3) of section 4758.44, division (A)(3) of section 4758.45, and division (A)(2) of section 4758.53 of the Revised Code, requirements for prevention-related education;
(16) For the purpose of section 4758.51 of the Revised Code, continuing education requirements for individuals who hold a license or certificate issued under this chapter;
(17) For the purpose of section 4758.51 of the Revised Code, the number of hours of continuing education that an individual must complete to have an expired license or certificate restored under section 4758.26 of the Revised Code;
(18) For the purpose of section 4758.53 of the Revised Code, the requirements an individual holding a registered applicant certificate must complete to take an examination administered pursuant to section 4758.22 of the Revised Code to obtain a prevention specialist II certificate or prevention specialist I certificate and the documentation the individual must submit to the board showing that the individual has completed the requirements;
(19) The method of determining the amount of time an individual must wait to apply to the board for a new registered applicant certificate under division (B) of section 4758.53 of the Revised Code;
(20) The duties of an independent chemical dependency
counselor licensed under this chapter who supervises a chemical
dependency counselor III under section 4758.56,; independent
chemical dependency counselor or chemical dependency counselor III
licensed under this chapter
who supervises a chemical dependency
counselor
assistant under
section 4758.59,; or prevention
specialist II or prevention
specialist I certified under this
chapter or independent chemical dependency counselor, chemical dependency counselor III, or chemical dependency counselor II licensed under this chapter who supervises a
registered applicant under
section
4758.61 of the Revised Code.
The duties may differ.
(21) Anything else necessary to administer this chapter.
(B) All rules adopted under this section shall be adopted in
accordance with Chapter 119. of the Revised Code and any
applicable federal laws and regulations. Initial rules shall be
adopted not later than nine months after the effective date of
this section December 23, 2002.
(C) When it adopts rules under this section, the board may consider standards established by any national association or other organization representing the interests of those involved in chemical dependency counseling or alcohol and other drug prevention services.
Sec. 4758.40. An individual seeking an independent chemical dependency counselor license shall meet either of the following requirements:
(A) Meet all of the following requirements:
(1) Hold from an accredited educational institution at least a master's degree in behavioral sciences that meets the course requirements specified in rules adopted under section 4758.20 of the Revised Code;
(2) Have not less than four thousand hours of compensated work experience in either of the following, not less than eight hundred hours of which are in chemical dependency counseling:
(a) Chemical dependency services, substance abuse services, or both types of services;
(b) The practice of psychology, as defined in section 4732.01 of the Revised Code, or the practice of professional counseling or the practice of social work, both as defined in section 4757.01 of the Revised Code.
(3) Have a minimum of two hundred seventy hours of training in chemical dependency that meets the requirements specified in rules adopted under section 4758.20 of the Revised Code;
(4) Pass one or more examinations administered pursuant to section 4758.22 of the Revised Code for the purpose of determining competence to practice as an independent chemical dependency counselor.
(B) Meet both of the following requirements:
(1) Hold, on the effective date of this section December 23, 2002, a
certificate or credentials that were accepted under section
3793.07 of the Revised Code as authority to practice as a
certified chemical dependency counselor III or certified chemical
dependency counselor III-E;
(2) Meet one of the following requirements:
(a) Hold the degree described in division (A)(1) of this section;
(b) Have held a chemical dependency counselor III, II, or I
certificate for at least eight consecutive years and have not less
than forty clock hours of training on the version of the
diagnostic and statistical manual of mental disorders that is
current at the time of the training. The training must meet the
requirements specified in rules adopted under section 4758.20 of
the Revised Code and have been provided by an. An individual
authorized under Chapter 4731. of the Revised Code to practice
medicine and surgery or osteopathic medicine and surgery, a
psychologist licensed under Chapter 4732. of the Revised Code, or
a professional clinical counselor or independent social worker
licensed under Chapter 4757. of the Revised Code may provide any portion of the training. An independent chemical dependency counselor licensed under this chapter who holds the degree described in division (A)(1) of this section may provide the portion of the training on chemical dependency conditions.
Sec. 4758.41. An individual seeking a chemical dependency counselor III license shall meet any of the following requirements:
(A) Meet all of the following requirements:
(1) Hold from an accredited educational institution a bachelor's degree in a behavioral science that meets the course requirements specified in rules adopted under section 4758.20 of the Revised Code;
(2) Have not less than four thousand hours of compensated work experience in either of the following, not less than eight hundred work hours of which are in chemical dependency counseling:
(a) Chemical dependency services, substance abuse services, or both types of services;
(b) The practice of psychology, as defined in section 4732.01 of the Revised Code, or the practice of professional counseling or the practice of social work, both as defined in section 4757.01 of the Revised Code.
(3) Have a minimum of two hundred seventy hours of training in chemical dependency that meets the requirements specified in rules adopted under section 4758.20 of the Revised Code;
(4) Pass one or more examinations administered pursuant to section 4758.22 of the Revised Code for the purpose of determining competence to practice as a chemical dependency counselor III.
(B) Meet both of the following requirements:
(1) Hold, on the effective date of this section December 23, 2002, a
certificate or credentials that were accepted under section
3793.07 of the Revised Code as authority to practice as a
certified chemical dependency counselor III or certified chemical
dependency counselor III-E;
(2) Have not less than forty clock hours of training on the
version of the diagnostic and statistical manual of mental
disorders that is current at the time of the training. The
training must meet the requirements specified in rules adopted
under section 4758.20 of the Revised Code and have been provided
by an. An individual authorized under Chapter 4731. of the Revised
Code to practice medicine and surgery or osteopathic medicine and
surgery, a psychologist licensed under Chapter 4732. of the
Revised Code, or a professional clinical counselor or independent
social worker licensed under Chapter 4757. of the Revised Code may provide any portion of the training. An independent chemical dependency counselor licensed under this chapter who holds the degree described in division (A)(1) of section 4758.40 of the Revised Code may provide the portion of the training on chemical dependency conditions.
(C) Meet all of the following requirements:
(1) Hold, on the effective date of this section December 23, 2002, a
certificate or credentials that were accepted under section
3793.07 of the Revised Code as authority to practice as a
certified chemical dependency counselor II;
(2) Meet the requirement of division (B)(2) of this section;
(3) Hold a bachelor's degree in a behavioral science.
Sec. 4758.42. An individual seeking a chemical dependency counselor II license shall meet either of the following requirements:
(A) Meet all of the following requirements:
(1) Hold from an accredited educational institution an associate's degree in a behavioral science or a bachelor's degree in any field;
(2)(a) If the individual holds an associate's degree, have not less than five thousand hours of compensated or volunteer work, field placement, intern, or practicum experience in either of the following, not less than one thousand hours of which are in chemical dependency counseling:
(i) Chemical dependency services, substance abuse services, or both types of services;
(ii) The practice of psychology, as defined in section 4732.01 of the Revised Code, or the practice of professional counseling or the practice of social work, both as defined in section 4757.01 of the Revised Code.
(b) If the individual holds a bachelor's degree, have not less than six thousand hours of compensated or volunteer work, field placement, intern, or practicum experience in either of the following, not less than one thousand two hundred hours of which are in chemical dependency counseling:
(i) Chemical dependency services, substance abuse services, or both types of services;
(ii) The practice of psychology, as defined in section 4732.01 of the Revised Code, or the practice of professional counseling or the practice of social work, both as defined in section 4757.01 of the Revised Code.
(3) Have a minimum of two hundred seventy hours of training in chemical dependency that meets the requirements specified in rules adopted under section 4758.20 of the Revised Code;
(4) Pass one or more examinations administered pursuant to section 4758.22 of the Revised Code for the purpose of determining competence to practice as a chemical dependency counselor II.
(B) Meet both of the
following
requirements:
(1) Hold a degree described in division (A)(1) of this
section;
(2) Hold, on the effective date of this section December 23, 2002, a
certificate or credentials that were accepted under section
3793.07 of the Revised Code as authority to practice as a
certified chemical dependency counselor II.
Sec. 4758.55. An In addition to practicing chemical dependency counseling, an individual holding a valid independent
chemical dependency counselor license may do all of the
following:
(A) Diagnose and treat chemical dependency conditions;
(B) Perform treatment planning, assessment, crisis intervention, individual and group counseling, case management, and education services as they relate to abuse of and dependency on alcohol and other drugs;
(C) Refer individuals with nonchemical dependency conditions to appropriate sources of help.
Sec. 4758.56. (A) An In addition to practicing chemical dependency counseling, an individual holding a valid chemical
dependency counselor III license may do all of the following:
(1) Diagnose chemical dependency conditions under the supervision of any of the following:
(a) An independent chemical dependency counselor licensed under this chapter;
(b) An individual authorized under Chapter 4731. of the Revised Code to practice medicine and surgery or osteopathic medicine and surgery;
(c) A psychologist licensed under Chapter 4732. of the Revised Code;
(d) A registered nurse licensed under Chapter 4723. of the Revised Code or professional clinical counselor or independent social worker licensed under Chapter 4757. of the Revised Code if such supervision is consistent with the scope of practice of the registered nurse, professional clinical counselor, or independent social worker.
(2) Treat chemical dependency conditions;
(3) Perform treatment planning, assessment, crisis intervention, individual and group counseling, case management, and education services as they relate to abuse of and dependency on alcohol and other drugs;
(4) Refer individuals with nonchemical dependency conditions to appropriate sources of help.
(B) A chemical dependency counselor III may not practice as an individual practitioner.
Sec. 4758.57. (A) An In addition to practicing chemical dependency counseling, an individual holding a valid chemical
dependency counselor II license may do both of the following:
(1) Perform treatment planning, assessment, crisis intervention, individual and group counseling, case management, and education services as they relate to abuse of and dependency on alcohol and other drugs;
(2) Refer individuals with nonchemical dependency conditions to appropriate sources of help.
(B) A chemical dependency counselor II may not practice as an individual practitioner.
Sec. 4758.58. (A) Until six years after the effective date
of this section December 23, 2002, an individual holding a valid chemical dependency
counselor I certificate may do both of the following in addition to practicing chemical dependency counseling:
(1) Perform treatment planning, assessment, crisis intervention, individual and group counseling, case management, and education services as they relate to abuse of and dependency on alcohol and other drugs;
(2) Refer individuals with nonchemical dependency conditions to appropriate sources of help.
(B) A chemical dependency counselor I may not practice as an individual practitioner.
Sec. 4758.59. (A) Subject to division (B) of this section, an individual holding a valid chemical dependency counselor assistant certificate may do both of the following in addition to practicing chemical dependency counseling:
(1) Perform treatment planning, assessment, crisis intervention, individual and group counseling, case management, and education services as they relate to abuse of or dependency on alcohol and other drugs;
(2) Refer individuals with nonchemical dependency conditions to appropriate sources of help.
(B) An individual holding a valid chemical dependency counselor assistant certificate may practice chemical dependency counseling and perform the tasks specified in division (A) of this section only while under the supervision of any of the following:
(1) An independent chemical dependency counselor or chemical dependency counselor III licensed under this chapter;
(2) An individual authorized under Chapter 4731. of the Revised Code to practice medicine and surgery or osteopathic medicine and surgery;
(3) A psychologist licensed under Chapter 4732. of the Revised Code;
(4) A registered nurse licensed under Chapter 4723. of the Revised Code or professional clinical counselor or independent social worker licensed under Chapter 4757. of the Revised Code if such supervision is consistent with the scope of practice of the registered nurse, professional clinical counselor, or independent social worker.
(C) A chemical dependency counselor assistant may not practice as an individual practitioner.
Sec. 4758.61. An individual who holds a valid registered
applicant certificate issued under this chapter may engage in the
practice of alcohol and other drug prevention services under
the
supervision of an individual holding a valid any of the following:
(A) A prevention
specialist
II certificate or prevention specialist I certificate
issued certified under this chapter;
(B) An independent chemical dependency counselor, a chemical dependency counselor III, or a chemical dependency counselor II licensed under this chapter;
(C) An individual authorized under Chapter 4731. of the Revised Code to practice medicine and surgery or osteopathic medicine and surgery;
(D) A psychologist licensed under Chapter 4732. of the Revised Code;
(E) A registered nurse licensed under Chapter 4723. of the Revised Code;
(F) A professional clinical counselor, a professional counselor, an independent social worker, or a social worker licensed under Chapter 4757. of the Revised Code;
(G) A school counselor licensed by the department of education pursuant to section 3319.22 of the Revised Code;
(H) A health education specialist certified by the national commission for health education credentialing.
Sec. 5101.27. (A) Except as permitted by this section, section 5101.28 or 5101.29 of the Revised Code, or the rules adopted under division (A) of section 5101.30 of the Revised Code, or required by federal law, no person or government entity shall solicit, disclose, receive, use, or knowingly permit, or participate in the use of any information regarding a public assistance recipient for any purpose not directly connected with the administration of a public assistance program.
(B) To the extent
permitted by federal law, the
department of job
and family services
and county agencies shall
do both all of the following:
(1) Release information regarding a public assistance recipient for purposes directly connected to the administration of the program to a government entity responsible for administering that public assistance program;
(2) Provide information regarding a public assistance recipient to a law enforcement agency for the purpose of any investigation, prosecution, or criminal or civil proceeding relating to the administration of that public assistance program;
(3) Provide, for purposes directly connected to the administration of a program that assists needy individuals with the costs of public utility services, information regarding a recipient of financial assistance provided under a program administered by the department or a county agency pursuant to Chapter 5107. or 5108. of the Revised Code or sections 5115.01 to 5115.07 of the Revised Code to an entity administering the public utility services program.
(C) To the extent permitted by federal law and section 1347.08 of the Revised Code, the department and county agencies shall provide access to information regarding a public assistance recipient to all of the following:
(1) The recipient;
(2) The authorized representative;
(3) The legal guardian of the recipient;
(4) The attorney of the recipient, if the attorney has written authorization that complies with section 5101.271 of the Revised Code from the recipient.
(D) To the extent permitted by federal law and subject to division (E) of this section, the department and county agencies may do both of the following:
(1) Release information about a public assistance recipient if the recipient gives voluntary, written authorization that complies with section 5101.271 of the Revised Code;
(2) Release information regarding a public assistance recipient to a state, federal, or federally assisted program that provides cash or in-kind assistance or services directly to individuals based on need or for the purpose of protecting children to a government entity responsible for administering a children's protective services program.
(E) Except when the release is required by division (B), (C), or (D)(2) of this section, the department or county agency shall release the information only in accordance with the authorization. The department or county agency shall provide, at no cost, a copy of each written authorization to the individual who signed it.
(F) The department or county agency may release information under division (D) of this section concerning the receipt of medical assistance provided under a public assistance program only if all of the following conditions are met:
(1) The release of information is for purposes directly connected to the administration of or provision of medical assistance provided under a public assistance program;
(2) The information is released to persons or government entities that are subject to standards of confidentiality and safeguarding information substantially comparable to those established for medical assistance provided under a public assistance program;
(3) The department or county agency has obtained an authorization consistent with section 5101.271 of the Revised Code.
(G) Information concerning the receipt of medical assistance provided under a public assistance program may be released only if the release complies with this section and rules adopted by the department pursuant to section 5101.30 of the Revised Code or, if more restrictive, the Health Insurance Portability and Accountability Act of 1996, Pub. L. No. 104-191, 110 Stat. 1955, 42 U.S.C. 1320d, et seq., as amended, and regulations adopted by the United States department of health and human services to implement the act.
(H) The department of job and family services may adopt rules defining "authorized representative" for purposes of division (C)(2) of this section.
Sec. 5110.35. The department of job and family services shall adopt rules in accordance with Chapter 119. of the Revised Code to implement the Ohio's best Rx program. The rules shall provide for all of the following:
(A) Determination of family income for the purpose of division (A)(2) of section 5110.05 of the Revised Code;
(B) For the purpose of division (B) of section 5110.06 5110.05 of the Revised Code, the application and annual reapplication process for the program and documentation to be submitted with applications and reapplications for the purpose of verifying eligibility;
(C) For the purpose of division (B) of section 5110.06 5110.05 of the Revised Code and subject to section 5110.351 of the Revised Code, the application form for the program;
(D) The method of providing information about the medicaid program to applicants under section 5110.07 of the Revised Code;
(E) For the purpose of section 5110.08 of the Revised Code, eligibility determination procedures;
(F) Subject to section 5110.352 of the Revised Code, periodically increasing the maximum professional fee that participating terminal distributors may charge Ohio's best Rx program participants under section 5110.12 of the Revised Code or the Ohio's best Rx program administrator may charge under a contract entered into under section 5110.10 of the Revised Code;
(G) Subject to section 5110.353 of the Revised Code, the amount of the administrative fee, if any, participating terminal distributors are to charge Ohio's best Rx program participants under section 5110.12 of the Revised Code or the Ohio's best Rx program administrator may charge under a contract entered into under section 5110.10 of the Revised Code;
(H) The electronic method for participating terminal distributors and the Ohio's best Rx program administrator to submit claims to the department under section 5110.16 of the Revised Code;
(I) Additional information participating terminal distributors and the Ohio's best Rx program administrator shall include on claims submitted under section 5110.16 of the Revised Code that the department determines is necessary for the department to be able to make payments under section 5110.17 of the Revised Code;
(J) The method for making payments to participating terminal distributors or the Ohio's best Rx program administrator under section 5110.17 of the Revised Code;
(K) Subject to section 5110.354 of the Revised Code, the percentage that is the rebate administration percentage;
(L) If the department determines it is best that participating manufacturers make rebates under section 5110.21 of the Revised Code on a basis other than quarterly, a schedule for payment of the rebates;
(M) The process for the department of administrative services and state retirement systems to calculate and submit the information required by section 5110.25 of the Revised Code;
(N) Procedures for making computations under sections 5110.21 and 5110.27 of the Revised Code;
(O) Standards and procedures for the use and preservation of records regarding the Ohio's best Rx program by the department and the Ohio's best Rx program administrator pursuant to section 5110.59 of the Revised Code;
(P) For the purpose of section 5110.10 of the Revised Code, the standards and procedures governing the operation of the mail order system by the Ohio's best Rx program administrator;
(Q) The efficient administration of other provisions of this chapter for which the department determines rules are necessary.
Sec. 5111.022. (A) As used in this section:
(1) "Community mental health facility" means a community mental health facility that has a quality assurance program accredited by the joint commission on accreditation of healthcare organizations or is certified by the department of mental health or department of job and family services.
(2) "Mental health professional" means a person qualified to work with mentally ill persons under the standards established by the director of mental health pursuant to section 5119.611 of the Revised Code.
(B) The state medicaid plan shall include provision of the following mental health services when provided by community mental health facilities:
(1) Outpatient mental health services, including, but not limited to, preventive, diagnostic, therapeutic, rehabilitative, and palliative interventions rendered to individuals in an individual or group setting by a mental health professional in accordance with a plan of treatment appropriately established, monitored, and reviewed;
(2) Partial-hospitalization mental health services of three to fourteen hours per service day, rendered by persons directly supervised by a mental health professional;
(3) Unscheduled, emergency mental health services of a kind ordinarily provided to persons in crisis when rendered by persons supervised by a mental health professional;
(4) Subject to receipt of federal approval, assertive community treatment and intensive home-based mental health services.
(C) The comprehensive annual plan shall certify the availability of sufficient unencumbered community mental health state subsidy and local funds to match federal medicaid reimbursement funds earned by community mental health facilities.
(D) The department of job and family services shall enter into a separate contract with the department of mental health under section 5111.91 of the Revised Code with regard to the component of the medicaid program provided for by this section.
(E) Not later than May 1 July 21, 2004, the department of job and family services shall request federal approval to provide assertive community treatment and intensive home-based mental health services under medicaid pursuant to this section.
(F) On receipt of federal approval sought under division (E) of this section, the director of job and family services shall adopt rules in accordance with Chapter 119. of the Revised Code establishing statewide access and acuity standards for partial hospitalization mental health services and for assertive community treatment and intensive home-based mental health services provided under medicaid pursuant to this section. The director shall consult with the department of mental health in adopting the rules.
Sec. 5111.87. (A) As used in this section and section 5111.871 of the Revised Code, "intermediate care facility for the mentally retarded" has the same meaning as in section 5111.20 of the Revised Code.
(B) The director of job and family services may apply to the United States secretary of health and human services for both of the following:
(1) One or more medicaid waivers under which home and community-based services are provided to individuals with mental retardation or other developmental disability as an alternative to placement in an intermediate care facility for the mentally retarded;
(2) One or more medicaid waivers that operate for three to four years each and under which home and community-based services are provided in the form of either or both of the following:
(a) Early intervention services for children under three years of age that are provided or arranged by county boards of mental retardation and developmental disabilities;
(b) Therapeutic services for children who have autism and are under six years of age at the time of enrollment.
(C) No individual may receive services under an autism component of the medicaid program established under a waiver sought under division (B)(2)(b) of this section for more than three years. An individual receiving intensive therapeutic services under such an autism component is forever ineligible to receive intensive therapeutic services, under any other component of the medicaid program.
(D)
The director of mental retardation and developmental disabilities may request that the director of job and family services apply for one or more medicaid waivers under this section.
(E)(D) Before applying for a waiver under this section, the director of job and family services
shall seek, accept, and consider public comments.
Sec. 5119.18. There is hereby created in the state treasury the department of mental health trust fund. Not later than the first day of September of each year, the director of mental health shall certify to the director of budget and management the amount of all of the unexpended, unencumbered balances of general revenue fund appropriations made to the department of mental health for the previous fiscal year, excluding funds appropriated for rental payments to the Ohio public facilities commission. On receipt of the certification, the director of budget and management shall transfer cash to the trust fund in an amount up to, but not exceeding, the total of the amounts certified by the director of mental health.
In addition, the trust fund shall receive all amounts, subject to any provisions in bond documents, received from the sale or lease of lands and facilities by the department.
All moneys in the trust fund shall be used by the department of mental health for mental health purposes specified in division (A) of section 5119.06 of the Revised Code. The use of moneys in the trust fund pursuant to this section does not represent an ongoing commitment to the continuation of the trust fund or to the use of moneys in the trust fund.
Sec. 5123.352. There is hereby created in the state treasury the community mental retardation and developmental disabilities trust fund. The director of mental retardation and developmental disabilities, not later than sixty days after the end of each fiscal year, shall certify to the director of budget and management the amount of all the unexpended, unencumbered balances of general revenue fund appropriations made to the department of mental retardation and developmental disabilities for the fiscal year, excluding appropriations for rental payments to the Ohio public facilities commission, and the amount of any other funds held by the department in excess of amounts necessary to meet the department's operating costs and obligations pursuant to this chapter and Chapter 5126. of the Revised Code. On receipt of the certification, the director of budget and management shall transfer cash to the trust fund in an amount up to, but not exceeding, the total of the amounts certified by the director of mental retardation and developmental disabilities, except in cases in which the transfer will involve more than twenty million dollars. In such cases, the director of budget and management shall notify the controlling board and must receive the board's approval of the transfer prior to making the transfer.
Except for expenses paid under division (C) of section 5123.353 of the Revised Code, all moneys in the trust fund shall be distributed in accordance with section 5126.19 of the Revised Code.
Sec. 5731.47. The fees of the sheriff or other officers for services
performed
under Chapter 5731. of the Revised Code this chapter and the expenses of the county
auditor shall be certified by the county auditor by a report filed with the
tax
commissioner. If the tax commissioner finds that such those fees and expenses are
correct and reasonable in amount, the tax commissioner shall
indicate approval of the fees and expenses in writing to
the county auditor. The county auditor shall pay such those fees and expenses out of the
state's share of the undivided inheritance taxes in the county treasury
and undivided estate tax fund. The county auditor then shall deduct, from the amount required to be credited to each of the funds or boards of education listed or referred to in division (A) of section 5731.48 of the Revised Code, a pro rata share of the amount so paid. The pro rata share shall be computed on the basis of the proportions of the gross taxes levied and paid under this chapter that are required to be credited to the funds or boards of education listed or referred to under that section. The county auditor shall
draw warrants payable from such those taxes on the county
treasurer in
favor of the fee funds or officers personally entitled thereto to the fees and expenses.
If the fees and expenses approved by the tax commissioner exceed
the amount of the state's share of undivided inheritance taxes in the
county treasury, the county auditor shall certify the amount of the
excess to the tax commissioner, who shall certify the amount to the
director of budget and management. The director shall provide for
payment of the excess from the general revenue fund to the county
treasury, and the county auditor shall draw warrants on the county
treasurer in favor of the appropriate fee funds or officers.
Sec. 5731.48. (A) If a decedent dies on or after July 1, 1989, and before January 1, 2001, sixty-four per cent of the gross amount of taxes levied and paid under this chapter shall be for the use of the municipal corporation or township in which the tax originates, and shall be credited as provided in division (A)(1), (2), or (3) of this section:
(1) To the general revenue fund in the case of a city;
(2) To the general revenue fund of a village or to the board of education of a village, for school purposes, as the village council by resolution may approve;
(3) To the general revenue fund or to the board of education of the school district of which the township is a part, for school purposes, as the board of township trustees by resolution may approve, in the case of a township.
The remainder of the taxes levied and paid shall be for the use of
the state and shall be credited to the general revenue fund after any
deduction for fees and costs charged under section 5731.47 of the Revised
Code.
(B) If a decedent dies on or after January 1, 2001, and
before January 1, 2002, seventy per cent of the
gross amount of taxes levied and paid under this chapter
shall be
for the use of the municipal corporation or township in which the tax
originates and credited as provided in division (A)(1), (2), or (3)
of this section, and
the remainder shall be for the use of the state and credited to the general
revenue fund after any deduction
for fees and costs charged under section 5731.47 of the Revised Code.
(C) If a decedent dies on or after January 1, 2002,
eighty per cent of the gross amount of taxes levied and paid
under this chapter, less any deduction from the municipal corporation's or township's share of those taxes for fees or expenses charged under section 5731.47 of the Revised Code,
shall be for the use of the
municipal corporation or township in which the tax originates and
credited as provided in division (A)(1), (2), or (3) of this
section, and the remainder, less any deduction from the state's share of those taxes for fees or expenses charged under section 5731.47 of the Revised Code, shall be for the use of the state and
shall be credited to the general revenue fund after any
deduction for fees and costs charged under section 5731.47 of the Revised Code.
(D) If a municipal corporation is in default with respect to the principal or interest of any outstanding notes or bonds, one half of the taxes distributed under this section shall be credited to the sinking or bond retirement fund of the municipal corporation, and the residue shall be credited to the general revenue fund.
(E) The council, board of trustees, or other legislative authority of a village or township may, by ordinance in the case of a village, or by resolution in the case of a township, provide that whenever there is money in the treasury of the village or township from taxes levied under this chapter, not required for immediate use, that money may be invested in federal, state, county, or municipal bonds, upon which there has been no default of the principal during the preceding five years.
Sec. 6301.03. (A) In administering the "Workforce Investment Act of 1998," 112 Stat. 936, 29 U.S.C.A. 2801, as amended, the "Wagner-Peyser Act," 48 Stat. 113 (1933), 29 U.S.C.A. 49, as amended, the funds received pursuant to those acts, and the workforce development system, the director of job and family services may make allocations and payment of funds for the local administration of the workforce development activities established under this chapter. Pursuant to the "Workforce Investment Act of 1998," 112 Stat. 936, 29 U.S.C.A. 2801, as amended, the governor shall reserve not more than fifteen per cent of the amounts allocated to the state under Title I of that act for adults, dislocated workers, and youth for statewide activities, and not more than twenty-five per cent of funds allocated for dislocated workers under Title I of that act for statewide rapid response activities.
(B) The director shall allocate to local areas
all funds required to be allocated to local areas
pursuant to the "Workforce Investment Act of 1998,"
112 Stat. 936,
29 U.S.C.A. 2801, as amended.
The director shall make allocations only with funds available
and in accordance with all of the following:
(1) If a board of county commissioners administering workforce
development activities at the local level designates the county
department of job and family services as its workforce development
agency, the director shall allocate the funds to that county
department. That county department shall deposit all funds
received pursuant to this section into the county public
assistance fund.
(2) If a board of county commissioners administering workforce
development activities at the local level designates as its workforce
development agency an entity for which the board maintains
responsibility or control, but which is not the county
department of job and family services, the board. Local areas, as defined by either section 101 of the "Workforce Investment Act of 1998," 112 Stat. 936, 29 U.S.C.A. 2801, as amended, or section 6301.01 of the Revised Code, and subrecipients of a local area shall establish a
county workforce development fund, and the entity receiving the
funds shall deposit all funds received under this section into the
county workforce development fund. All expenditures for
activities funded under this section shall be made from the county
workforce development fund.
(3) If a board of county commissioners administering workforce
development activities at the local level designates as its workforce
development agency an entity other than one described in divisions
(B)(1) and (2) of this section, the board shall designate a
fiscal agent to receive and be responsible for the funds. Any entity
designated by the board as the fiscal agent
shall be an agency supervised by the director or the county
auditor.
(4) If a municipal corporation administering workforce
development activities at the local level is designated to receive funds
under this section, the municipal corporation shall place all funds
received under this section into a special fund and all
expenditures for workforce development activities shall be made
from that fund. The municipal corporation may use the funds in
that fund only for the workforce development activities for which
the funds are appropriated.
(C) The use of funds, reporting requirements, and other administrative and operational requirements governing the use of funds received by the director pursuant to this section shall be governed by internal management rules adopted by the director pursuant to section 111.15 of the Revised Code.
(D) To the extent permitted by state or federal law, the director, local areas, counties, and municipal corporations authorized to administer workforce development activities may assess a fee for specialized services requested by an employer. The director shall adopt rules pursuant to Chapter 119. of the Revised Code governing the nature and amount of those types of fees.
SECTION 2. That existing sections 9.24, 102.02, 123.01, 123.10, 124.15, 124.152, 124.181, 124.183, 124.382, 126.32, 152.09, 175.21, 1503.05, 3311.059, 3327.01, 3334.01, 3383.09, 3701.881, 3712.09, 3734.02, 3734.18, 3734.57, 3769.021, 3769.087, 3770.07, 3781.19, 4701.03, 4707.05, 4723.431, 4758.20, 4758.40, 4758.41, 4758.42, 4758.55, 4758.56, 4758.57, 4758.58, 4758.59, 4758.61, 5101.27, 5110.35, 5111.022, 5111.87, 5119.18, 5123.352, 5731.47, 5731.48, and 6301.03 and sections Sec. 152.101. and Sec. 901.85. of the Revised Code are hereby repealed.
SECTION 3. All items set forth in Sections 3.01 to 3.04 of this act are hereby appropriated out of any moneys in the General Revenue Fund (GRF) that are not otherwise appropriated:
SECTION 3.01. DAS DEPARTMENT OF ADMINISTRATIVE SERVICES
CAP-773 | Governor's Residence Restoration | $ | 4,705 | ||
CAP-786 | Rural Areas Community Improvements | $ | 365,000 | ||
CAP-804 | Day Care Centers | $ | 6,472 | ||
CAP-817 | Urban Areas Community Improvements | $ | 1,058,900 | ||
Total Department of Administrative Services | $ | 1,435,077 |
RURAL AREAS COMMUNITY IMPROVEMENTS
From the foregoing appropriation item CAP-786, Rural Areas Community Improvements, grants shall be made for the following projects: $20,000 for the Smith Field Memorial Foundation; $200,000 for the Champaign YMCA; $100,000 for the Mentor Fire & Police Headquarters Relocation; $20,000 for the Red Mill Creek Water Retention Basin; and $25,000 for the Lawrence County Water Projects.
URBAN AREAS COMMUNITY IMPROVEMENTS
From the foregoing appropriation item CAP-817, Urban Areas Community Improvements, grants shall be made for the following projects: $100,000 for the Maumee Youth Center; $25,000 for the Columbus Civic Arena Development Planning; $50,000 for the Brown Senior Center Renovations; $100,000 for Project AHEAD Facility Improvements; $75,000 for the J. Frank-Troy Senior Citizens Center; $15,000 for the Victorian Village Society; $50,000 for the Beech Acres Family Center; $23,900 for the Canton Jewish Women's Center; $450,000 for the Gateway Social Services Building; $50,000 for the Loew Field Improvements; $20,000 for the Harvard Community Services Center Renovation & Expansion; $20,000 for the Collinwood Community Service Center Repair & Renovation; and $80,000 for Bowman Park - City of Toledo.
SECTION 3.02. AFC ARTS AND SPORTS FACILITIES COMMISSION
CAP-819 | Cooper Stadium Relocation Feasibility Study | $ | 350,000 | ||
Total Arts and Sports Facilities Commission | $ | 350,000 |
COOPER STADIUM RELOCATION FEASIBILITY STUDY
Notwithstanding division (F) of section 3383.07 of the Revised Code, all or a portion of the foregoing appropriation item CAP-819, Cooper Stadium Relocation Feasibility Study, may be expended for the cost of preparing a financial and development plan or feasibility study, renovation, and purchasing engineering and architectural services, designs, plans, specifications, surveys, and estimates of costs for Cooper Stadium. Any amount expended for that purpose from the appropriation shall count toward the maximum 15 per cent of the construction cost of the sports facility to be paid from state funds.
SECTION 3.03. OHS OHIO HISTORICAL SOCIETY
CAP-745 | Historic Sites/Museums - Emergency Repair | $ | 30,721 | ||
Total Ohio Historical Society | $ | 30,721 |
SECTION 3.04. DNR DEPARTMENT OF NATURAL RESOURCES
CAP-245 | Millcreek Valley Conservancy District | $ | 230,503 | ||
CAP-702 | Upgrade Underground Fuel Tanks | $ | 296,963 | ||
CAP-703 | Cap Abandoned Water Wells | $ | 357,481 | ||
CAP-823 | Cost Sharing-Pollution Abatement | $ | 33,614 | ||
CAP-847 | Assistance to Local Governments for Conservation Works of Improvement | $ | 25,000 | ||
CAP-848 | Hazardous Dam Repair | $ | 91,521 | ||
CAP-875 | Ohio River Access | $ | 100,000 | ||
CAP-929 | Hazardous Waste/Asbestos Abatement | $ | 286,154 | ||
CAP-931 | Wastewater/Water Systems Upgrades | $ | 32,205 | ||
CAP-932 | Wetlands/Waterfront Development and Acquisition | $ | 32,460 | ||
CAP-942 | Local Parks Projects | $ | 80,225 | ||
CAP-969 | Frost-Parker Wetlands Preserve | $ | 4,760 | ||
CAP-999 | Geographic Information Management System | $ | 1,085 | ||
Total Department of Natural Resources | $ | 1,571,971 | |||
TOTAL GRF General Revenue Fund | $ | 3,462,769 |
LOCAL PARKS PROJECTS
From the foregoing appropriation item CAP-942, Local Parks Projects, $75,000 shall be granted for the Liberty Township Playground.
SECTION 3.05. No expenditures shall be made from any of the items appropriated from the General Revenue Fund in Sections 3.01 to 3.04 of this act until the funds are released by the Controlling Board.
SECTION 4. All items set forth in this section are hereby appropriated out of any moneys in the state treasury to the credit of the Wildlife Fund (Fund 015) that are not otherwise appropriated:
CAP-015 | Highlandtown Wildlife Area | $ | 2,768 | ||
CAP-117 | Cooper Hollow Wildlife Area | $ | 4,815 | ||
CAP-161 | Tranquility Wildlife Area | $ | 1,286 | ||
CAP-216 | Killbuck Creek Wildlife Area | $ | 550 | ||
CAP-387 | Access Development | $ | 3,204,333 | ||
CAP-702 | Upgrade Underground Fuel Tanks | $ | 84,945 | ||
CAP-703 | Cap Abandoned Water Wells | $ | 50,000 | ||
CAP-732 | Mosquito Creek Wildlife Area | $ | 300 | ||
CAP-754 | Tiffin River Wildlife Area | $ | 1,000 | ||
CAP-764 | Fire Lookout & Radio Tower Inspection | $ | 7,215 | ||
CAP-785 | K.H. Butler Ohio River Access | $ | 978 | ||
CAP-795 | Headlands Beach State Park | $ | 90,958 | ||
CAP-804 | Lake La Su An Wildlife Area | $ | 400 | ||
CAP-834 | Appraisal Fees - Statewide | $ | 51,995 | ||
CAP-852 | Wildlife Area Building Development/Renovation | $ | 3,489,530 | ||
CAP-881 | Dam Rehabilitation | $ | 500,000 | ||
CAP-995 | Boundary Protection | $ | 50,000 | ||
Total Department of Natural Resources | $ | 7,541,073 | |||
TOTAL Wildlife Fund | $ | 7,541,073 |
SECTION 5. 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:
CAP-622 | Public School Buildings | $ | 26,998,886 | ||
CAP-778 | Exceptional Needs | $ | 1,440,286 | ||
CAP-783 | Emergency School Building Assistance | $ | 15,000,000 | ||
Total School Facilities Commission | $ | 43,439,172 | |||
TOTAL Public School Building Fund | $ | 43,439,172 |
PUBLIC SCHOOL BUILDINGS
The amount reappropriated for the foregoing appropriation item CAP-622, Public School Buildings, is $349,622 plus the sum of the unencumbered and unallotted balances as of June 30, 2004, for appropriation item CAP-622, Public School Buildings.
SECTION 6. 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:
CAP-045 | Platform Scales Improvements | $ | 400,000 | ||
CAP-059 | Patrol Post ADA Compliance | $ | 250,000 | ||
CAP-065 | Replace Windows at the Academy | $ | 79,000 | ||
CAP-071 | Construct Georgetown Patrol Post | $ | 41,240 | ||
CAP-072 | Patrol Academy Infrastructure Improvements | $ | 41,355 | ||
CAP-074 | Construct Warren District Blue Title Facility | $ | 39,585 | ||
CAP-077 | Van Wert Patrol Post | $ | 1,700,000 | ||
Total Department of Public Safety | $ | 2,551,180 | |||
TOTAL Highway Safety Fund | $ | 2,551,180 |
SECTION 7. 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:
CAP-324 | Cooperative Funding for Boating Facilities | $ | 7,375,543 | ||
CAP-390 | State Park Maintenance Facility Development - Middle Bass Island | $ | 1,821,093 | ||
CAP-807 | Hocking Technical College Ramp | $ | 30,643 | ||
CAP-844 | Put-in-Bay Township Port Authority | $ | 6,466 | ||
CAP-858 | Clendening Lake Ramp | $ | 2,736 | ||
CAP-871 | Village of Montezuma Ramp | $ | 13,519 | ||
CAP-874 | Recreational Harbor Evaluation Project | $ | 357,789 | ||
CAP-905 | City of Ironton Boat Launch | $ | 168,007 | ||
CAP-934 | Operations Facilities Development | $ | 762,508 | ||
Total Department of Natural Resources | $ | 10,538,304 | |||
TOTAL Waterways Safety Fund | $ | 10,538,304 |
SECTION 8. All items set forth in this section are hereby appropriated out of any moneys in the state treasury to the credit of the Underground Parking Garage Operating Fund (Fund 208) that are not otherwise appropriated:
CAP-003 | Renovate Garage Offices | $ | 127,194 | ||
CAP-004 | Emergency Generator and Lighting System | $ | 200,000 | ||
CAP-007 | Garage Elevator Upgrades | $ | 5,670 | ||
CAP-008 | Install Garage Oil Interceptor System | $ | 60,000 | ||
CAP-009 | Garage Fire Suppression System | $ | 1,050,000 | ||
Total Capitol Square Review and Advisory Board | $ | 1,442,864 | |||
TOTAL Underground Parking Garage Operating Fund | $ | 1,442,864 |
UNDERGROUND PARKING GARAGE FIRE SUPPRESSION SYSTEM
Appropriation item CAP-009, Garage Fire Suppression System, in the Underground Parking Garage Operating Fund (Fund 208), shall be used for completion of the second and final phase of a fire suppression system in the Statehouse garage. Notwithstanding any section of the Revised Code, any transfer or disbursement of moneys from appropriation items CAP-009, Garage Fire Suppression, and CAP-011, Statehouse Security Improvements, for this purpose shall be subject to Controlling Board approval.
SECTION 9. All items set forth in this section are hereby appropriated out of any moneys in the state treasury to the credit of the Army National Guard Service Contract Fund (Fund 342) that are not otherwise appropriated:
CAP-065 | Local Armory Construction/Federal | $ | 16,200,000 | ||
Total Adjutant General | $ | 16,200,000 | |||
TOTAL Army National Guard Service Contract Fund | $ | 16,200,000 |
SECTION 10. 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:
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 11. All items set forth in this section are hereby appropriated out of any moneys in the state treasury to the credit of the Capital Donations Fund (Fund 5A1) that are not otherwise appropriated:
CAP-702 | Capital Donations | $ | 254,557 | ||
Total Arts and Sports Facilities Commission | $ | 254,557 | |||
TOTAL Capital Donations Fund | $ | 254,557 |
CAPITAL DONATIONS FUND CERTIFICATIONS AND APPROPRIATIONS
The Executive Director of the Arts and Sports Facilities Commission shall certify to the Director of Budget and Management the amount of cash receipts and related investment income, irrevocable letters of credit from a bank, or certification of the availability of funds that have been received from a county or a city for deposit to the Capital Donations Fund and are related to an anticipated project. These amounts are hereby appropriated to appropriation item CAP-702, Capital Donations. Prior to certifying these amounts to the Director, the Executive Director shall make a written agreement with the participating entity on the necessary cash flows required for the anticipated construction or equipment acquisition project.
SECTION 12. The items set forth in this section are hereby appropriated out of any moneys in the state treasury to the credit of the Community Match Armories Fund (Fund 5U8) that are not otherwise appropriated:
CAP-066 | Armory Construction/Local | $ | 8,600,000 | ||
Total Adjutant General | $ | 8,600,000 | |||
TOTAL Community Match Armories Fund | $ | 8,600,000 |
SECTION 13. 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:
CAP-013 | Land Acquisition | $ | 100,000 | ||
CAP-014 | Office & Dorm Addition | $ | 1,800,000 | ||
Total Department of Commerce | $ | 1,900,000 | |||
TOTAL State Fire Marshal Fund | $ | 1,900,000 |
SECTION 14. 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:
CAP-755 | Secrest Security System Improvement | $ | 65,000 | ||
CAP-760 | Security System Improvement | $ | 22,832 | ||
CAP-762 | Renovate Secrest Bath Floor/Wall | $ | 43,621 | ||
CAP-765 | Warehouse Freezer | $ | 15,500 | ||
CAP-766 | Secrest Motor Coordinators | $ | 33,000 | ||
CAP-769 | Water and Air Balance | $ | 190,000 | ||
CAP-771 | Elevator Griffin | $ | 190,000 | ||
CAP-773 | Emergency Generator | $ | 26,500 | ||
CAP-774 | Fire Alarm System | $ | 595,000 | ||
Total Ohio Veterans' Home | $ | 1,181,453 | |||
TOTAL Veterans' Home Improvement Fund | $ | 1,181,453 |
SECTION 15. All items set forth in this section are hereby appropriated out of any moneys in the state treasury to the credit of the Education Facilities Trust Fund (Fund N87) that are not otherwise appropriated:
CAP-780 | Classroom Facilities Assistance Program | $ | 13,395,208 | ||
CAP-784 | Exceptional Needs Program | $ | 4,138,923 | ||
Total School Facilities Commission | $ | 17,534,131 | |||
TOTAL Education Facilities Trust Fund | $ | 17,534,131 |
CLASSROOM FACILITIES ASSISTANCE PROJECTS
The amount reappropriated for the foregoing appropriation item CAP-780, Classroom Facilities Assistance Program, is $768,711 plus the sum of the unencumbered and unallotted balances as of June 30, 2004, for appropriation item CAP-780, Classroom Facilities Assistance Program.
EXCEPTIONAL NEEDS PROGRAM
The amount reappropriated for the foregoing appropriation item CAP-784, Exceptional Needs Program, is $761,146 plus the sum of the unencumbered and unallotted balances as of June 30, 2004, for appropriation item CAP-784, Exceptional Needs Program.
SECTION 16. 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:
CAP-001 | Clean Ohio Revitalization | $ | 444,008 | ||
CAP-002 | Clean Ohio Assistance | $ | 16,564,467 | ||
Total Department of Development | $ | 17,008,475 | |||
TOTAL Clean Ohio Revitalization Fund | $ | 17,008,475 |
SECTION 17. 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:
CAP-047 | Public Safety Office Building | $ | 2,710,400 | ||
CAP-048 | Statewide Communications System | $ | 4,006,530 | ||
CAP-068 | Alum Creek Warehouse Renovations | $ | 1,441,969 | ||
CAP-069 | Centre School Renovations | $ | 20,219 | ||
CAP-070 | Canton One-Stop Shop | $ | 731,000 | ||
CAP-076 | Investigative Unit MARCS Equipment | $ | 15,877 | ||
Total Department of Public Safety | $ | 8,925,995 | |||
TOTAL Highway Safety Building Fund | $ | 8,925,995 |
SECTION 18. All items set forth in Sections 18.01 to 18.16 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 18.01. ADJ ADJUTANT GENERAL
CAP-032 | Upgrade Underground Storage Tanks | $ | 46,078 | ||
CAP-034 | Asbestos Abatement - Various Facilities | $ | 154,750 | ||
CAP-036 | Roof Replacement - Various Facilities | $ | 892,145 | ||
CAP-038 | Electrical System - Various Facilities | $ | 774,521 | ||
CAP-039 | Camp Perry Facility Improvements | $ | 530,239 | ||
CAP-043 | Renovate/Expand Existing Eaton Facility | $ | 800,498 | ||
CAP-044 | Replace Windows/Doors - Various Facilities | $ | 878,911 | ||
CAP-045 | Plumbing Renovations - Various Facilities | $ | 345,503 | ||
CAP-046 | Paving Renovations - Various Facilities | $ | 1,439,575 | ||
CAP-050 | HVAC Systems - Various Facilities | $ | 607,319 | ||
CAP-052 | Cincinnati Shadybrook Armory | $ | 2,149,705 | ||
CAP-054 | Construct Camp Perry Administration Building | $ | 6,540 | ||
CAP-055 | Hillsboro Armory Renovations | $ | 478,974 | ||
CAP-056 | Masonry Renovations - Various Facilities | $ | 395,599 | ||
CAP-057 | Sewer Improvement - Rickenbacker | $ | 1,300 | ||
CAP-058 | Construct Cincinnati Armory | $ | 283,775 | ||
CAP-059 | Construct Bowling Green Armory | $ | 357,411 | ||
CAP-060 | Facility Protection Measures | $ | 590,061 | ||
CAP-061 | Repair/Renovate Waste Water System | $ | 200,000 | ||
CAP-062 | Construct Coshocton Armory | $ | 950,600 | ||
CAP-064 | Bowling Green Armory Construction/Local | $ | 1,000,000 | ||
Total Adjutant General | $ | 12,883,504 |
NEW ARMORY CONSTRUCTION
The foregoing appropriation item CAP-059, Construct Bowling Green Armory, shall be used to fund the state's share of the cost of building a basic armory in the Bowling Green area, including the cost of site acquisition, site preparation, and planning and design. Appropriations shall not be released for this item without a certification by the Adjutant General to the Director of Budget and Management that sufficient moneys have been allocated for the federal share of the cost of construction.
SECTION 18.02. DAS DEPARTMENT OF ADMINISTRATIVE SERVICES
CAP-773 | Governor's Residence Renovations | $ | 4,705 | ||
CAP-809 | Hazardous Substance Abatement | $ | 1,688,120 | ||
CAP-811 | Health/EPA Laboratory Facilities | $ | 20,840,003 | ||
CAP-813 | Heer Building Renovation | $ | 1,500,000 | ||
CAP-822 | Americans with Disabilities Act | $ | 1,535,675 | ||
CAP-826 | Office Services Building Renovation | $ | 1,250,000 | ||
CAP-827 | Statewide Communications System | $ | 72,787,285 | ||
CAP-834 | Capital Improvements Tracking System | $ | 407,600 | ||
CAP-835 | Energy Conservation Projects | $ | 1,817,260 | ||
CAP-837 | Major Computer Purchases | $ | 1,824,884 | ||
CAP-838 | SOCC Renovations | $ | 2,148,691 | ||
CAP-844 | Hamilton State/Local Government Center - Planning | $ | 57,500 | ||
CAP-848 | ODOT Building Boiler Replacement | $ | 155,981 | ||
CAP-849 | Facility Planning and Development | $ | 4,445,184 | ||
CAP-850 | Education Building Renovations | $ | 308,482 | ||
CAP-852 | North High Building Complex Renovations | $ | 2,689,102 | ||
CAP-855 | Office Space Planning | $ | 70,300 | ||
CAP-859 | eSecure Ohio | $ | 2,500,000 | ||
CAP-860 | Structured Cabling | $ | 397,155 | ||
CAP-864 | eGovernment Infrastructure | $ | 1,047,000 | ||
CAP-865 | DAS Building Security | $ | 78,100 | ||
CAP-867 | Lausche Building Connector | $ | 963,200 | ||
Total Department of Administrative Services | $ | 118,516,627 |
HAZARDOUS SUBSTANCE ABATEMENT IN STATE FACILITIES
The foregoing appropriation item CAP-809, Hazardous Substance Abatement, shall be used to fund the removal of asbestos, PCB, radon gas, and other contamination hazards from state facilities.
Prior to the release of funds for asbestos abatement, the Department of Administrative Services shall review proposals from state agencies to use these funds for asbestos abatement projects based on criteria developed by the Department of Administrative Services. Upon a determination by the Department of Administrative Services that the requesting agency cannot fund the asbestos abatement project or other toxic materials removal through existing capital and operating appropriations, the department may request the release of funds for such projects by the Controlling Board. State agencies intending to fund asbestos abatement or other toxic materials removal through existing capital and operating appropriations shall notify the Director of Administrative Services of the nature and scope prior to commencing the project.
Only agencies that have received appropriations for capital projects from the Administrative Building Fund (Fund 026) are eligible to receive funding from this item. Public school districts are not eligible.
IMPLEMENTATION OF AMERICANS WITH DISABILITIES ACT
The foregoing appropriation item CAP-822, Americans with Disabilities Act, shall be used to renovate state-owned facilities to provide access for physically disabled persons in accordance with Title II of the Americans with Disabilities Act.
Prior to the release of funds for renovation, state agencies shall perform self-evaluations of state-owned facilities identifying barriers to access to service. State agencies shall prioritize access barriers and develop a transition plan for the removal of these barriers. The Department of Administrative Services shall review proposals from state agencies to use these funds for Americans with Disabilities Act renovations.
Only agencies that have received appropriations for capital projects from the Administrative Building Fund (Fund 026) are eligible to receive funding from this item. Public school districts are not eligible.
MARCS STEERING COMMITTEE AND STATEWIDE COMMUNICATIONS SYSTEM
There is hereby continued a Multi-Agency Radio Communications System (MARCS) Steering Committee consisting of the designees of the Directors of Administrative Services, Public Safety, Natural Resources, Transportation, Rehabilitation and Correction, and Budget and Management. 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 on 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 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, 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 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 Energy Star 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 18.03. AGE DEPARTMENT OF AGING
CAP-001 | Renovate Martin Janis Center | $ | 10,013 | ||
Total Department of Aging | $ | 10,013 |
SECTION 18.04. AGR DEPARTMENT OF AGRICULTURE
CAP-025 | Building Renovations | $ | 15,197 | ||
CAP-029 | Administration Building Renovation | $ | 203,950 | ||
CAP-033 | Site Electrical/Utility Improvement | $ | 117,341 | ||
CAP-037 | Consumer Lab/Weights/Measures Equip. | $ | 20,254 | ||
CAP-043 | Building and Grounds Renovation | $ | 478,529 | ||
CAP-044 | Renovate Building 4 | $ | 176,366 | ||
CAP-048 | Alkaline Hydrolysis Equip & Addition | $ | 658,336 | ||
Total Department of Agriculture | $ | 1,669,973 |
SECTION 18.05. AGO ATTORNEY GENERAL
CAP-715 | Expand/Renovate Richfield Lab | $ | 12,359 | ||
CAP-717 | HVAC Improvements OPOTA | $ | 1,775,829 | ||
Total Attorney General | $ | 1,788,188 |
SECTION 18.06. CSR CAPITOL SQUARE REVIEW AND ADVISORY BOARD
CAP-010 | Capitol Rotunda Renovations | $ | 500,000 | ||
CAP-011 | Statehouse Security Improvements | $ | 34,316 | ||
CAP-014 | Statehouse Grounds Repair/Improvements | $ | 500,000 | ||
Total Capitol Square Review and Advisory Board | $ | 1,034,316 |
SECTION 18.07. COM DEPARTMENT OF COMMERCE
CAP-012 | Fire Academy Architectural Plan | $ | 26,500 | ||
Total Department of Commerce | $ | 26,500 |
SECTION 18.08. EXP EXPOSITIONS COMMISSION
CAP-037 | Electric and Lighting Upgrade | $ | 2,488,929 | ||
CAP-046 | Land Acquisition | $ | 866,662 | ||
CAP-051 | Roof Renovations | $ | 2,602 | ||
CAP-052 | Sewer Separation | $ | 1,536,578 | ||
CAP-053 | Multipurpose Agricultural Center | $ | 2,671 | ||
CAP-056 | Building Renovations - 2 | $ | 1,009,813 | ||
CAP-057 | HVAC Planning | $ | 2,001 | ||
CAP-063 | Facility Improvements and Modernization Plan | $ | 700,000 | ||
CAP-064 | Replacement of Water Lines | $ | 16,209 | ||
CAP-066 | Stairtower Replacement | $ | 1,427 | ||
CAP-068 | Masonry Renovations | $ | 131,334 | ||
CAP-069 | Restroom Renovations | $ | 502,060 | ||
CAP-072 | Emergency Renovations and Equipment Replacement | $ | 501,578 | ||
Total Expositions Commission | $ | 7,761,864 |
SECTION 18.09. DEPARTMENT OF HEALTH
CAP-003 | Building Renovation & Telecomm | $ | 800,000 | ||
Total Department of Health | $ | 800,000 |
SECTION 18.10. JSC JUDICIARY/SUPREME COURT
CAP-001 | Ohio Courts Building Renovations | $ | 1,381,580 | ||
Total Judiciary/Supreme Court | $ | 1,381,580 |
EXEMPT FROM PER CENT FOR ARTS PROGRAM
The foregoing appropriation item CAP-001, Ohio Courts Building Renovations, is exempt from section 3379.10 of the Revised Code, the Per Cent for Arts Program.
OHIO COURTS BUILDING
The amount reappropriated for the foregoing appropriation item CAP-001, Ohio Courts Building Renovations, shall be the sum of the unencumbered and unallotted balances as of June 30, 2004, in appropriation item CAP-001, Ohio Courts Building Renovations, plus the amount refunded to the Judiciary/Supreme Court for deposit into the Administrative Building Fund (Fund 026) in accordance with Section 92 of Am. Sub. H.B. 850 of the 122nd General Assembly. This amount shall be certified to the Director of Budget and Management.
SECTION 18.11. DNR DEPARTMENT OF NATURAL RESOURCES
CAP-741 | DNR Communications System | $ | 51,894 | ||
CAP-742 | Fountain Square Building and Telephone System Improvements | $ | 1,003,878 | ||
CAP-744 | Multi-Agency Radio Communications Equipment | $ | 3,062,468 | ||
CAP-867 | Reclamation Facility Renovation and Development | $ | 225,000 | ||
CAP-928 | Handicapped Accessibility | $ | 39,654 | ||
CAP-934 | District Office Renovations and Development | $ | 868,025 | ||
Total Department of Natural Resources | $ | 5,250,919 |
SECTION 18.12. DHS DEPARTMENT OF PUBLIC SAFETY
CAP-053 | Construct EMA/EOC and Office Building | $ | 6,605 | ||
CAP-054 | Multi-Agency Radio Communications System | $ | 658,151 | ||
CAP-056 | Emergency Operations Center Equipment | $ | 1,502 | ||
CAP-067 | VHF Radio System Improvements | $ | 306,102 | ||
CAP-078 | Upgrade/Replacement - State EOC Equipment | $ | 810,000 | ||
Total Department of Public Safety | $ | 1,782,360 |
SECTION 18.13. OSB SCHOOL FOR THE BLIND
CAP-745 | Roof Improvements on the School and Cottage | $ | 295,657 | ||
CAP-751 | Upgrade Fire Alarm System | $ | 73,878 | ||
CAP-757 | Bathroom Handicapped Accessibility | $ | 20,956 | ||
CAP-764 | Electric System Improvements | $ | 44,000 | ||
CAP-772 | Boiler Replacement | $ | 449,220 | ||
CAP-773 | School Residential Hot Water | $ | 605,000 | ||
CAP-780 | Residential Renovations | $ | 17,580 | ||
Total Ohio School for the Blind | $ | 1,506,291 |
ROOF IMPROVEMENT SCHOOL AND COTTAGE
The amount reappropriated for appropriation item CAP-745, Roof Improvements on the School and Cottage, is $49,011 plus the unencumbered and unallotted balances as of June 30, 2004, in appropriation item CAP-745, Roof Improvements on the School and Cottage.
RESIDENTIAL RENOVATIONS
The amount reappropriated for appropriation item CAP-780, Residential Renovations is $10,537 plus the unencumbered and unallotted balances as of June 30, 2004 in appropriation items CAP-780 Residential Renovations and CAP-752 Equipment Storage Building.
SECTION 18.14. OSD SCHOOL FOR THE DEAF
CAP-767 | Roof Renovations | $ | 1,046,802 | ||
CAP-774 | Student Health Services Electrical Upgrade | $ | 111,000 | ||
CAP-775 | Staff Building Heat & Electrical Upgrade | $ | 631,433 | ||
CAP-776 | Dormitory Renovations | $ | 443,375 | ||
Total Ohio School for the Deaf | $ | 2,232,610 |
DORMITORY RENOVATIONS
The amount reappropriated for the foregoing appropriation item CAP-776, Dormitory Renovations, is $23,225 plus the unencumbered and unallotted balances as of June 30, 2004, in appropriation items CAP-776, Dormitory Renovations, and CAP-785, Site Improvements.
SECTION 18.15. OVH OHIO VETERANS' HOME
CAP-775 | Emergency Generator | $ | 600,000 | ||
Total Ohio Veterans' Home | $ | 600,000 |
SECTION 18.16. SOS SECRETARY OF STATE
CAP-002 | Voting Machines | $ | 5,800,000 | ||
Total Secretary of State | $ | 5,800,000 | |||
TOTAL Administrative Building Fund | $ | 163,084,591 |
VOTING MACHINES
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 19. 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:
CAP-002 | Local Jails | $ | 24,107,550 | ||
CAP-003 | Community-Based Correctional Facilities | $ | 16,839,357 | ||
CAP-004 | Site Renovations | $ | 1,385,239 | ||
CAP-007 | Asbestos Removal | $ | 1,093,777 | ||
CAP-008 | Powerhouse/Utility Improvements | $ | 2,964,941 | ||
CAP-009 | Water System/Plant Improvements | $ | 7,472,549 | ||
CAP-010 | Industrial Equipment - Statewide | $ | 842,907 | ||
CAP-011 | Roof/Window Renovations - Statewide | $ | 979,430 | ||
CAP-012 | Shower/Restroom Improvements | $ | 1,506,660 | ||
CAP-015 | Underground Storage Tanks Improvements | $ | 37,789 | ||
CAP-017 | Security Improvements - Statewide | $ | 3,885,429 | ||
CAP-026 | Waste Water Treatment Facilities | $ | 49,437 | ||
CAP-028 | Power House Improvements | $ | 55,661 | ||
CAP-041 | Community Residential Program | $ | 5,693,543 | ||
CAP-043 | Design/Construct/Parole Detention Centers | $ | 149,288 | ||
CAP-044 | Lightening Protection Plan | $ | 1,504 | ||
CAP-087 | Correctional Camp | $ | 8,079 | ||
CAP-105 | Special Counsel - Coit Road | $ | 77,417 | ||
CAP-109 | Statewide Fire Alarm Systems | $ | 179,647 | ||
CAP-111 | General Building Renovations | $ | 12,795,525 | ||
CAP-129 | Water Treatment Plants - Statewide | $ | 651,500 | ||
CAP-140 | Boot Camp/Substance Abuse Offenders | $ | 336,709 | ||
CAP-141 | Multi-Agency Radio System Equipment | $ | 2,550,651 | ||
CAP-142 | Various Facility Medical Services | $ | 837,716 | ||
CAP-143 | Perimeter Security, Lighting, Alarms, and Sallyports | $ | 2,243,962 | ||
CAP-186 | Close Custody Prison and Camp | $ | 5,000,000 | ||
CAP-187 | Mandown Alert Communication System - Statewide | $ | 5,382,422 | ||
CAP-188 | Manufacturing/Storage Building Additions - Statewide | $ | 159,300 | ||
CAP-189 | Tuck-pointing - Statewide | $ | 124,847 | ||
CAP-238 | Electrical Systems Upgrades | $ | 175,025 | ||
CAP-239 | Emergency Projects | $ | 2,014,537 | ||
CAP-240 | State Match for Federal Prison Construction Funds | $ | 1,787,819 | ||
CAP-302 | OPI Shops Renovation - Statewide | $ | 75,000 | ||
Total Statewide and Central Office Projects | $ | 101,465,217 |
GENERAL BUILDING RENOVATIONS
The amount reappropriated for the foregoing appropriation item CAP-111, General Building Renovations, is the unencumbered and unallotted balance as of June 30, 2004, in appropriation item CAP-111, General Building Renovations, plus $1,170,818.
CAP-304 | Lift Station By-pass - ACI | $ | 189,546 | ||
Total Allen Correctional Institution | $ | 189,546 |
CAP-094 | Belmont Correctional Institution | $ | 223,493 | ||
CAP-241 | Inmate Health Services Renovations - BECI | $ | 2,389,974 | ||
Total Belmont Correctional Institution | $ | 2,613,468 |
CAP-045 | Perimeter Fence Replacement | $ | 31,423 | ||
CAP-046 | Showers/Restroom Renovations | $ | 66,527 | ||
CAP-048 | Control Room Security Improvements | $ | 3,270 | ||
CAP-113 | Fire Alarm, Egress System Improvements | $ | 106,733 | ||
CAP-114 | Emergency Lighting Renovations | $ | 94,574 | ||
CAP-115 | Roof Renovations | $ | 141,311 | ||
CAP-145 | Plumbing Renovations | $ | 216 | ||
CAP-146 | Renovate Food Service Area - CCI | $ | 199,900 | ||
CAP-177 | Convert Warehouse to Dormitory | $ | 596 | ||
CAP-190 | Utility Improvements | $ | 125,700 | ||
CAP-191 | Life & Fire Safety Improvements - CCI | $ | 171,749 | ||
CAP-192 | Hot Water System Improvements - CCI | $ | 11,711 | ||
CAP-254 | Boiler House Renovations | $ | 1,182,550 | ||
CAP-255 | Replace Windows and Doors | $ | 591,125 | ||
CAP-257 | Emergency Generator Improvements | $ | 392,174 | ||
CAP-258 | Sewer Upgrades | $ | 287,002 | ||
CAP-314 | Emergency Tunnel Repair | $ | 95,553 | ||
Total Chillicothe Correctional Institution | $ | 3,502,116 |
CAP-320 | Fire Alarm - CRC | $ | 268,280 | ||
Total Correctional Reception Center | $ | 268,280 |
CAP-318 | Fire Alarm - CMC | $ | 129,045 | ||
Total Corrections Medical Center | $ | 129,045 |
CAP-148 | Roof Replacement | $ | 21,110 | ||
CAP-149 | New Classroom Building | $ | 816,962 | ||
CAP-193 | AT Building Roof Replacement | $ | 141,132 | ||
CAP-194 | Construct Conference Center | $ | 12,314 | ||
Total Corrections Training Academy | $ | 991,518 |
CAP-195 | Hot Water System Improvements - DCI | $ | 400,000 | ||
CAP-242 | Shower Renovations - DCI | $ | 224,725 | ||
CAP-319 | Roof Renovations - DCI | $ | 145,975 | ||
Total Dayton Correctional Institution | $ | 770,700 |
CAP-316 | Roof Renovation - FPRC | $ | 41,672 | ||
Total Franklin Pre-Release Center | $ | 41,672 |
CAP-196 | Camp Egress System Improvements - GCI | $ | 420,856 | ||
Total Grafton Correctional Institution | $ | 420,856 |
CAP-053 | General Building Renovations | $ | 3,414 | ||
CAP-054 | Water Tower Improvements | $ | 3,000 | ||
CAP-306 | Parking Lot Improvements - HCF | $ | 67,360 | ||
Total Hocking Correctional Facility | $ | 73,774 |
CAP-144 | Medium/Minimum Security Privatized Prison | $ | 142,435 | ||
Total Lake Erie Correctional Institution | $ | 142,435 |
CAP-055 | Institution Roof Replacement | $ | 39,500 | ||
CAP-056 | Kitchen Renovations | $ | 6,641 | ||
CAP-057 | Shower Pan/Drain Renovations | $ | 7,289 | ||
CAP-118 | Water Tower Renovations | $ | 25,878 | ||
CAP-119 | Masonry Improvements - LECI | $ | 308,074 | ||
CAP-197 | Cell Door Lock Replacement - LECI | $ | 321,100 | ||
CAP-198 | Water Treatment Plant - LECI | $ | 1,329,823 | ||
CAP-282 | Emergency Electrical Upgrade - LECI | $ | 28,614 | ||
CAP-285 | Bar Screen Replacement | $ | 147,713 | ||
CAP-300 | Water Softener Replacement | $ | 225,008 | ||
Total Lebanon Correctional Institution | $ | 2,439,640 |
CAP-059 | Convert Brush Factory to Dormitory | $ | 809 | ||
CAP-122 | Master Plan Building/Renovations | $ | 872,355 | ||
CAP-157 | London Camp Renovation Project | $ | 14,955 | ||
CAP-201 | Water Treatment Plant Addition | $ | 62,670 | ||
CAP-245 | Bridge Replacement - LOCI | $ | 3,424 | ||
CAP-261 | Roof Replacement | $ | 687,506 | ||
CAP-283 | Gas Boiler Installation - LOCI | $ | 45,144 | ||
CAP-308 | Electric Upgrades - LOCI | $ | 250,000 | ||
CAP-309 | Building Demolition - LOCI | $ | 500 | ||
Total London Correctional Institution | $ | 1,937,363 |
CAP-303 | Auger Replacement - LLORCL | $ | 500 | ||
Total Lorain Correctional Institution | $ | 500 |
CAP-176 | Madison Classroom Renovation | $ | 15,600 | ||
CAP-263 | Upgrade Emergency Electrical Service | $ | 541,036 | ||
CAP-264 | Sewage Station Upgrade | $ | 13,285 | ||
CAP-286 | Juvenile Unit Remodeling - Madison | $ | 2,177 | ||
CAP-288 | Water Softener System - Madison | $ | 40,372 | ||
CAP-315 | Roof Replacement - MACL | $ | 206,750 | ||
Total Madison Correctional Institution | $ | 819,220 |
CAP-088 | Mansfield Correctional Camp | $ | 5,761 | ||
CAP-123 | Smoke Removal/Sprinkler System Improvements | $ | 4,330 | ||
CAP-159 | Power Pole Replacement | $ | 16,800 | ||
CAP-305 | Site Improvements - MNCI | $ | 314,375 | ||
CAP-307 | Network Wiring - MNCI | $ | 886,675 | ||
Total Mansfield Correctional Institution | $ | 1,227,941 |
CAP-033 | Telephone System | $ | 2,957 | ||
CAP-065 | Sewage Lift Station Renovations | $ | 8,863 | ||
CAP-067 | Roof Replacement | $ | 22,725 | ||
CAP-124 | Fire Sprinkler System Improvements | $ | 130,344 | ||
CAP-172 | Marion Camp Shower Renovation | $ | 1,313 | ||
CAP-207 | HVAC Improvements - Administration Building | $ | 31,185 | ||
CAP-208 | Hot Water Tank Replacement | $ | 953,766 | ||
CAP-246 | Exterior Window Replacement - MCI | $ | 254,880 | ||
CAP-247 | Plumbing Upgrades - MCI | $ | 193,142 | ||
CAP-294 | Asphalt Paving - MCI | $ | 7,380 | ||
CAP-295 | Sanitary Manhole Sewer - MCI | $ | 112,234 | ||
Total Marion Correctional Institution | $ | 1,718,789 |
CAP-001 | New Prison Construction | $ | 73,163 | ||
Total North Coast Correctional Treatment Facility | $ | 73,163 |
CAP-209 | Security Improvements - NEPRC | $ | 117,462 | ||
Total Northeast Pre-Release Center | $ | 117,462 |
CAP-162 | Renovate East Wing Plumbing | $ | 21,969 | ||
CAP-163 | Install Positive Latching Devices | $ | 74,977 | ||
Total Oakwood Correctional Facility | $ | 96,945 |
CAP-040 | Dormitory Housing - ORW | $ | 6,452 | ||
CAP-074 | Fire Alarm System Improvements | $ | 5,798 | ||
CAP-125 | Replacement Dormitory | $ | 11,669 | ||
CAP-165 | Master Plan Building/Renovations - ORW | $ | 262,305 | ||
CAP-210 | Replacement Dormitory - ORW | $ | 772,090 | ||
CAP-211 | Renovate J.G. Cottage | $ | 8,880 | ||
CAP-212 | Powerhouse Renovation & Replumbing | $ | 1,250,000 | ||
CAP-216 | Elevator Renovation | $ | 26,109 | ||
CAP-217 | Perimeter Lighting Improvements | $ | 53,566 | ||
CAP-218 | Rewire Harmon Building | $ | 329,389 | ||
CAP-219 | Fire Alarm System Improvements | $ | 112,955 | ||
CAP-266 | Construct New Medical and Food Services Building | $ | 7,375,019 | ||
CAP-267 | Renovate ARN Dorms | $ | 449,843 | ||
CAP-268 | Emergency Generator Improvements | $ | 1,395,085 | ||
CAP-289 | Perimeter Sec Fence | $ | 639,406 | ||
CAP-296 | Domestic Waterline Renovation | $ | 51,491 | ||
CAP-301 | 500 Car Parking/Road Design - ORW | $ | 24,080 | ||
CAP-317 | Sanitary/Storm Sewer System Renovation - ORW | $ | 332,050 | ||
Total Ohio Reformatory for Women | $ | 13,106,187 |
CAP-110 | Construct Maximum Security Facility | $ | 124,679 | ||
CAP-291 | New Exterior Recreation Units | $ | 4,125,659 | ||
Total Ohio State Penitentiary | $ | 4,250,337 |
CAP-062 | Meat Processing Operation | $ | 199,883 | ||
CAP-076 | Laundry/Maintenance Shop/Farms Roof Renovation | $ | 726 | ||
CAP-077 | Shower Renovations | $ | 15,349 | ||
CAP-222 | Sludge Removal System Improvements | $ | 897,118 | ||
CAP-223 | Replacement of Unit A Dorm | $ | 517,387 | ||
CAP-225 | Water System Improvements | $ | 85,876 | ||
CAP-226 | Milk Processing Plant | $ | 31,912 | ||
CAP-227 | Roof Improvements | $ | 393,306 | ||
CAP-228 | Power House Improvements | $ | 10,545 | ||
CAP-248 | Replacement of Perimeter Fence - PCI | $ | 152,495 | ||
CAP-252 | Construct Meat Processing Plant | $ | 823,588 | ||
CAP-269 | Utility Tunnels Improvement | $ | 382,729 | ||
CAP-274 | Replacement of Segregation Housing | $ | 4,806,750 | ||
CAP-292 | Tunnel Renovation/Orient Complex | $ | 30,139 | ||
CAP-297 | Steam Waterline Replacement - PCI | $ | 820,996 | ||
CAP-310 | OPI Warehouse Addition - PCI | $ | 1,537,241 | ||
CAP-312 | Waste Water Treatment Plant | $ | 7,583,125 | ||
Total Pickaway Correctional Institution | $ | 18,289,165 |
CAP-251 | Construct Retaining Wall - RICI | $ | 61,474 | ||
CAP-293 | Asphalt Parking - RICI | $ | 9,161 | ||
Total Richland Correctional Institution | $ | 70,634 |
CAP-147 | Waste Water Treatment Plant | $ | 6,120 | ||
CAP-229 | Waste Water Treatment Plant - RCI | $ | 6,849,581 | ||
CAP-276 | Rubberized Roof Replacement | $ | 200,104 | ||
CAP-311 | Water Tower Renovation - RCI | $ | 175,000 | ||
Total Ross Correctional Institution | $ | 7,230,805 |
CAP-133 | Construct New Dining Hall | $ | 8,822 | ||
CAP-134 | Wastewater Treatment Storage Addition | $ | 579,365 | ||
CAP-167 | Master Plan Building/Renovations - SCI | $ | 186,643 | ||
CAP-183 | Two Story Dorm - SCI | $ | 92,327 | ||
CAP-234 | High Voltage Electrical System | $ | 2,702,624 | ||
CAP-235 | Construct Warehouse & Utility Buildings | $ | 1,315,406 | ||
CAP-236 | Construct Dining Hall - SCI | $ | 682,650 | ||
CAP-237 | Power Plant Improvements | $ | 39,341 | ||
CAP-277 | Powerhouse Boiler Improvements | $ | 397,147 | ||
CAP-313 | Perimeter Fence Upgrade - SCI | $ | 1,375,977 | ||
Total Southeastern Correctional Institution | $ | 7,380,300 |
CAP-034 | Southern Ohio Telephone System | $ | 9,943 | ||
CAP-135 | SOCF Renovation and Improvements | $ | 148,445 | ||
CAP-136 | Waste Water Treatment Plant Improvements | $ | 30,120 | ||
CAP-230 | Waste Water Treatment Plant | $ | 3,410,347 | ||
CAP-231 | Gas Boiler Installation | $ | 1,034,815 | ||
CAP-279 | Powerhouse Domestic Hot Water Replacement | $ | 198,534 | ||
CAP-287 | Roof Renovations B Wing - SOCF | $ | 18,494 | ||
CAP-322 | Water Tower Renovations - SOCF | $ | 75,000 | ||
Total Southern Ohio Correctional Facility | $ | 4,925,698 |
CAP-161 | 1000-Bed Close Security Prison | $ | 1,118,383 | ||
Total Toledo Correctional Institution | $ | 1,118,383 |
CAP-280 | Door Control Switch Renovation | $ | 141,799 | ||
CAP-281 | Construct Psychiatric Residential Treatment Unit | $ | 558,508 | ||
Total Trumbull Correctional Institution | $ | 700,306 |
CAP-284 | Compound Lighting Upgrade | $ | 57,807 | ||
CAP-290 | Security Upgrades | $ | 234,323 | ||
Total Warren Correctional Institution | $ | 292,131 | |||
TOTAL Department of Rehabilitation and Correction | $ | 174,827,327 | |||
TOTAL Adult Correctional Building Fund | $ | 176,403,594 |
SECTION 19.01. LOCAL JAILS
From the foregoing appropriation item, CAP-002, Local Jails, the Department of Rehabilitation and Correction shall designate the projects involving the construction and renovation of county, multicounty, municipal-county, and multicounty-municipal jail facilities and workhouses, including correctional centers authorized under sections 153.61 and 307.93 of the Revised Code, for which the Ohio Building Authority is authorized to issue obligations. Notwithstanding any provisions to the contrary in Chapter 152. or 153. of the Revised Code, the Department of Rehabilitation and Correction may coordinate, review, and monitor the drawdown and use of funds for the renovation or construction of projects for which designated funds are provided.
The funding authorized under this section shall not be applied to any such facilities that are not designated by the Department of Rehabilitation and Correction. The amount of funding authorized under this section that may be applied to a project designated for initial funding after July 1, 2000, involving the construction or renovation of a county, multicounty, municipal-county, and multicounty-municipal jail facilities and workhouses, including correctional centers authorized under sections 153.61 and 307.93 of the Revised Code, shall not exceed $35,000 per bed of the total allowable cost of the project in the case of construction of county and municipal-county jail facilities, workhouses, and correctional centers, or multicounty or multicounty-municipal jail facilities, workhouses, and correctional centers and shall not exceed 30 per cent of the total allowable cost of the project in the case of renovation of county, multicounty, municipal-county, and multicounty-municipal jail facilities, workhouses, and correctional centers. If a political subdivision is in the planning phase of constructing a multicounty or multicounty-municipal jail facility, workhouse, or correctional center on or before the effective date of this section, the Department of Rehabilitation and Correction shall fund that facility at $42,000 per bed. Multicounty or multicounty-municipal jail facility construction projects initiated after the effective date of this section may be considered for, but are not entitled to be awarded, funding at $42,000 per bed. The higher per bed award is at the discretion of the Department of Rehabilitation and Correction and is contingent upon available funds, the impact of the project, and inclusion of at least three counties in the project.
The cost-per-bed funding authorized under this section that may be applied to a construction project shall not exceed the actual cost-per-bed of the project. The 30 per cent funding authorized under this section that may be applied to a renovation project shall not exceed $35,000 per bed of the total allowable cost of the project.
The funding authorized under this section shall not be applied to any project involving the construction of a county, multicounty, municipal-county, or multicounty-municipal jail facility or workhouse, including a correctional center established under sections 153.61 and 307.93 of the Revised Code, unless the facility, workhouse, or correctional center will be built in compliance with "The Minimum Standards for Jails in Ohio" and the plans have been approved under section 5120.10 of the Revised Code. In addition, the funding authorized under this section shall not be applied to any project involving the renovation of a county, multicounty, municipal-county, or multicounty-municipal jail facility or workhouse, including a correctional center established under sections 153.61 and 307.93 of the Revised Code, unless the renovation is for the purpose of bringing the facility, workhouse, or correctional center into compliance with "The Minimum Standards for Jails in Ohio" and the plans have been approved under section 5120.10 of the Revised Code.
SECTION 19.02. COMMUNITY-BASED CORRECTIONAL FACILITIES
The Department of Rehabilitation and Correction may designate to the Ohio Building Authority the sites of, and, notwithstanding any provisions to the contrary in Chapter 152. or 153. of the Revised Code, may review the renovation or construction of the single county and district community-based correctional facilities funded by the foregoing appropriation item CAP-003, Community-Based Correctional Facilities.
SECTION 19.03. COMMUNITY RESIDENTIAL PROGRAM RENOVATIONS
The foregoing appropriation item CAP-041, Community Residential Program, may be used by the Department of Rehabilitation and Correction, under sections 5120.103, 5120.104, and 5120.105 of the Revised Code, to provide for the construction or renovation of halfway house facilities for offenders eligible for community supervision by the Department of Rehabilitation and Correction.
SECTION 20. 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:
CAP-004 | Cuyahoga Juvenile Court Detention | $ | 5,459,404 | ||
CAP-801 | Fire Suppression/Safety/Security | $ | 1,636,155 | ||
CAP-803 | General Institutional Renovations | $ | 3,787,255 | ||
CAP-812 | Community Rehabilitation Centers | $ | 916,913 | ||
CAP-821 | Construct Maximum Security Facility | $ | 172,327 | ||
CAP-828 | Multi-Agency Radio System Equipment | $ | 3,186 | ||
CAP-829 | Local Juvenile Detention Centers | $ | 10,844,623 | ||
CAP-831 | Gym Expansion - Cuyahoga Hills Boys School | $ | 649,290 | ||
CAP-832 | 72-Bed Unit Housing Addition - Ohio River Valley Correctional Center | $ | 2,000 | ||
CAP-833 | Security Renovations - Indian River | $ | 1,996 | ||
CAP-837 | Sanitary Safety/Renovations Indian River | $ | 3,736,500 | ||
Total Department of Youth Services | $ | 27,209,649 | |||
TOTAL Juvenile Correctional Building Fund | $ | 27,209,649 |
SECTION 20.01. GENERAL INSTITUTIONAL RENOVATIONS
The amount reappropriated for the foregoing appropriation item CAP-803, General Institutional Renovations, is the unencumbered and unallotted balance as of June 30, 2004, in appropriation item CAP-803, General Institutional Renovations, plus $788,000.
SECTION 20.02. COMMUNITY REHABILITATION CENTERS
From the foregoing appropriation item CAP-812, Community Rehabilitation Centers, the Department of Youth Services shall designate the projects involving the construction and renovation of single county and multicounty community corrections facilities for which the Ohio Building Authority is authorized to issue obligations.
The Department of Youth Services is authorized to review and approve the renovation and construction of projects for which funds are provided. The proceeds of any obligations authorized under this section shall not be applied to any such facilities that are not designated and approved by the Department of Youth Services.
The Department of Youth Services shall adopt guidelines to accept and review applications and designate projects. The guidelines shall require the county or counties to justify the need for the facility and to comply with timelines for the submission of documentation pertaining to the site, program, and construction.
For purposes of this section, "community corrections facilities" has the same meaning as in section 5139.36 of the Revised Code.
SECTION 20.03. LOCAL JUVENILE DETENTION CENTERS
From the foregoing appropriation item CAP-829, Local Juvenile Detention Centers, the Department of Youth Services shall designate the projects involving the construction and renovation of county and multicounty juvenile detention centers for which the Ohio Building Authority is authorized to issue obligations.
The Department of Youth Services is authorized to review and approve the renovation and construction of projects for which funds are provided. The proceeds of any obligations authorized under this section shall not be applied to any such facilities that are not designated by the Department of Youth Services.
The Department of Youth Services shall comply with the guidelines set forth in this section, accept and review applications, designate projects, and determine the amount of state match funding to be applied to each project. The department shall, with the advice of the county or counties participating in a project, determine the funded design capacity of the detention centers that are designated to receive funding. Notwithstanding any provisions to the contrary contained in Chapter 152. or 153. of the Revised Code, the Department of Youth Services may coordinate, review, and monitor the drawdown and use of funds for the renovation and construction of projects for which designated funds are provided.
(A) The Department of Youth Services shall develop a weighted numerical formula to determine the amount, if any, of state match that may be provided to a single or multicounty detention center project. The formula shall include the factors specified below in division (A)(1) of this section and may include the factors specified below in division (A)(2) of this section. The weight assigned to the factors specified in division (A)(1) of this section shall be not less than twice the weight assigned to factors specified in division (A)(2) of this section.
(1)(a) The number of detention center beds needed in the county or group of counties, as estimated by the Department of Youth Services, is significantly more than the number of beds currently available;
(b) Any existing detention center in the county or group of counties does not meet health, safety, or security standards for detention centers as established by the Department of Youth Services;
(c) The Department of Youth Services projects that the county or group of counties have a need for a sufficient number of detention beds to make the project economically viable.
(2)(a) The percentage of children in the county or group of counties living below the poverty level is above the state average;
(b) The per capita income in the county or group of counties is below the state average.
(B) The formula developed by the Department of Youth Services shall yield a percentage of state match ranging from 0 to 60 per cent based on the above factors. Notwithstanding the foregoing provisions, if a single county or multicounty system currently has no detention center beds, or if the projected need for detention center beds as estimated by the Department of Youth Services is greater than 120 per cent of current detention center bed capacity, then the percentage of state match shall be 60 per cent. To determine the dollar amount of the state match for new construction projects, the percentage of state match is multiplied by $125,000 per bed for detention centers with a designated capacity of 99 beds or less, and by $130,000 per bed for detention centers with a design capacity of 100 beds or more. To determine the dollar amount of the state match for renovation projects the percentage match shall be multiplied by the actual cost of the renovation, provided that the cost of the renovation does not exceed $100,000 per bed. The funding authorized under this section that may be applied to a construction or renovation project shall not exceed the actual cost of the project.
The funding authorized under this section shall not be applied to any project unless the detention center will be built in compliance with health, safety, and security standards for detention centers as established by the Department of Youth Services. In addition, the funding authorized under this section shall not be applied to the renovation of a detention center unless the renovation is for the purpose of increasing the number of beds in the center, or to meet health, safety, or security standards for detention centers as established by the Department of Youth Services.
SECTION 21. 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:
CAP-001 | Transportation Buildings Capital Improvements | $ | 35,000 | ||
Total Department of Transportation | $ | 35,000 | |||
TOTAL Transportation Building Fund | $ | 35,000 |
SECTION 22. All items set forth in this section are hereby appropriated out of any moneys in the state treasury to the credit of the Arts and Sports Facilities Building Fund (Fund 030) that are not otherwise appropriated:
CAP-003 | Center of Science and Industry - Toledo | $ | 12,268 | ||
CAP-004 | Valentine Theatre | $ | 1,111 | ||
CAP-005 | Center of Science and Industry - Columbus | $ | 181,636 | ||
CAP-010 | Sandusky State Theatre Improvements | $ | 1,000,000 | ||
CAP-017 | Zion Center of the National Afro-American Museum | $ | 488,232 | ||
CAP-021 | Ohio Historical Center - Archives and Library Shelving | $ | 2,395 | ||
CAP-033 | Woodward Opera House Renovation | $ | 1,050,000 | ||
CAP-037 | Canton Palace Theatre Renovations | $ | 1,066,126 | ||
CAP-038 | Center Exhibit Replacement | $ | 750,000 | ||
CAP-041 | Cleveland Playhouse | $ | 500,000 | ||
CAP-042 | Statewide Site Exhibit/Renovation & Construction | $ | 625,000 | ||
CAP-043 | Statewide Site Repairs | $ | 454,000 | ||
CAP-046 | Cincinnati Museum Center Improvements | $ | 500,000 | ||
CAP-052 | Akron Art Museum | $ | 6,634,666 | ||
CAP-053 | Powers Auditorium Improvements | $ | 200,000 | ||
CAP-055 | Waco Museum & Aviation Learning Center | $ | 500,000 | ||
CAP-057 | Comprehensive Master Plan | $ | 180,000 | ||
CAP-058 | Cedar Bog Nature Preserve Education Center | $ | 766,200 | ||
CAP-061 | Statewide Arts Facilities Planning | $ | 35,931 | ||
CAP-063 | Robins Theatre Renovations | $ | 1,000,000 | ||
CAP-064 | Bramley Historic House | $ | 75,000 | ||
CAP-066 | Delaware County Cultural Arts Center | $ | 40,000 | ||
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 | $ | 138,000 | ||
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 | $ | 75,000 | ||
CAP-745 | Historic Sites and Museums | $ | 750,000 | ||
CAP-753 | Buffington Island State Memorial | $ | 91,500 | ||
CAP-770 | Serpent Mound State Memorial | $ | 295,000 | ||
CAP-784 | Ohio Historical Center Rehabilitation | $ | 673,700 | ||
CAP-786 | Piqua/Ft Picakawillany Acquisition and Improvements | $ | 136,000 | ||
CAP-789 | Neil Armstrong Air and Space Museum Improvements | $ | 103,516 | ||
CAP-791 | Harrison Tomb and Site Renovations | $ | 149,500 | ||
CAP-796 | Moundbuilders State Memorial | $ | 530,000 | ||
CAP-806 | Grant Boyhood Home Improvements | $ | 68,333 | ||
CAP-809 | Cincinnati Ballet Facility Improvements | $ | 450,000 | ||
CAP-810 | Toledo Museum of Art Improvements | $ | 2,000,000 | ||
CAP-814 | Crawford Museum of Transportation & Industry | $ | 2,500,000 | ||
CAP-820 | Historical Center Ohio Village Buildings | $ | 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 | McConnellsville 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-833 | Promont House Museum | $ | 200,000 | ||
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-843 | Marina District/Ice Arena Development | $ | 4,000,000 | ||
Total Arts and Sports Facilities Commission | $ | 43,970,114 | |||
TOTAL Arts and Sports Facilities Building Fund | $ | 43,970,114 |
COSI COLUMBUS - LOCAL ADMINISTRATION OF CAPITAL PROJECT CONTRACTS
Notwithstanding division (A) of section 3383.07 of the Revised Code, the Ohio Arts and Sports Facilities Commission, with respect to the foregoing appropriation item CAP-005, Center of Science and Industry - Columbus, may administer all or part of capital facilities project contracts involving exhibit fabrication and installation as determined by the Department of Administrative Services, the Center of Science and Industry - Columbus, and the Ohio Arts and Sports Facilities Commission in review of the project plans. The Ohio Arts and Sports Facilities Commission shall enter into a contract with the Center of Science and Industry - Columbus to administer the exhibit fabrication and installation contracts and such contracts are not subject to Chapter 123. or 153. of the Revised Code.
SPORTS FACILITIES IMPROVEMENTS - AKRON
The amount reappropriated to the Arts and Sports Facilities Building Fund (Fund 030), CAP-024, Sports Facilities Improvements - Akron, is the unallotted and unencumbered balance in the Sports Facilities Building Fund (Fund 024), CAP-024, Sports Facilities Improvements - Akron.
REDS HALL OF FAME
The amount reappropriated to the Arts and Sports Facilities Building Fund (Fund 030), CAP-025, Reds Hall of Fame, is the unallotted and unencumbered balance in the Sports Facilities Building Fund (Fund 024), CAP-025, Reds Hall of Fame.
MARINA DISTRICT/ICE ARENA DEVELOPMENT
The amount reappropriated to the Arts and Sports Facilities Building Fund (Fund 030), CAP-843, Marina District/Ice Arena Development, is the unallotted and unencumbered balance in the Sports Facilities Building Fund (Fund 024), CAP-073, Marina District/Ice Arena Development.
SECTION 22.01. 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 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 H.B. 675 of the 124th General Assembly.
SECTION 23. 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:
CAP-012 | Land Acquisition | $ | 958,039 | ||
CAP-702 | Upgrade Underground Fuel Storage Tanks | $ | 999,294 | ||
CAP-703 | Cap Abandoned Water Wells | $ | 189,482 | ||
CAP-748 | Local Parks Projects - Statewide | $ | 3,406,183 | ||
CAP-751 | City of Portsmouth Launch Ramp | $ | 15,989 | ||
CAP-753 | Project Planning | $ | 118,360 | ||
CAP-766 | South Fork Licking Watershed Study | $ | 600 | ||
CAP-768 | Grand River Wildlife Area | $ | 2,700 | ||
CAP-788 | Community Recreation Projects | $ | 60,000 | ||
CAP-799 | Village of Nelville Boat Ramp | $ | 140,727 | ||
CAP-800 | City of Gallipolis Courtesy Dock | $ | 8,700 | ||
CAP-814 | North of Rush Run Wildlife Area | $ | 200 | ||
CAP-834 | Appraisal Fees - Statewide | $ | 77,265 | ||
CAP-844 | Put-In-Bay Township Port Authority | $ | 79,784 | ||
CAP-868 | New Philadelphia Office Relocation | $ | 1,500,000 | ||
CAP-881 | Dam Rehabilitation | $ | 14,998,701 | ||
CAP-900 | City of Huron Docks | $ | 46,786 | ||
CAP-928 | Handicapped Accessibility | $ | 743,285 | ||
CAP-929 | Hazardous Waste/Asbestos Abatement | $ | 102,857 | ||
CAP-931 | Wastewater/Water Systems Upgrades | $ | 9,439,572 | ||
CAP-932 | Wetlands/Waterfront Acquisition | $ | 223,481 | ||
CAP-934 | Operations Facilities Development | $ | 1,486,438 | ||
CAP-963 | Fairpoint Harbor Port Authority | $ | 103,293 | ||
CAP-995 | Boundary Protection | $ | 32,426 | ||
CAP-999 | Geographic Information Management System | $ | 779,501 | ||
Total Statewide and Local Projects | $ | 35,513,663 |
CAP-750 | Quilter CCC Camp | $ | 900 | ||
CAP-817 | Riffe CCC Camp | $ | 1,309 | ||
CAP-835 | Civilian Conservation Facilities | $ | 1,847,074 | ||
Total Division of Civilian Conservation | $ | 1,849,283 |
CAP-021 | Mohican State Forest | $ | 1,200 | ||
CAP-030 | Shawnee State Forest | $ | 1,300 | ||
CAP-073 | Brush Creek State Forest | $ | 5,850 | ||
CAP-146 | Zaleski State Forest | $ | 200 | ||
CAP-213 | Shade River State Forest | $ | 200 | ||
CAP-841 | Operations and Maintenance Facility Development and Renovation | $ | 1,489,212 | ||
CAP-977 | Fernwood State Forest | $ | 7,181 | ||
Total Division of Forestry | $ | 1,505,143 |
CAP-867 | Reclamation Facilities Renovation and Development | $ | 19,500 | ||
Total Division of Mineral Resources Management | $ | 19,500 |
CAP-006 | Little Beaver Creek Nature Preserve | $ | 1,500 | ||
CAP-826 | Natural Areas and Preserves Maintenance/Facility Development | $ | 788,056 | ||
CAP-831 | Lake Katherine | $ | 17,699 | ||
CAP-870 | Little Miami Scenic River | $ | 4,800 | ||
Total Division of Natural Areas | $ | 812,055 |
CAP-003 | Barkcamp State Park | $ | 3,025 | ||
CAP-005 | Cowan Lake State Park | $ | 34,684 | ||
CAP-010 | East Harbor State Park | $ | 41,329 | ||
CAP-016 | Hueston Woods State Park | $ | 2,500 | ||
CAP-017 | Indian Lake State Park | $ | 2,319 | ||
CAP-018 | Kelleys Island State Park | $ | 5,700 | ||
CAP-019 | Lake Hope State Park | $ | 500 | ||
CAP-025 | Punderson Lake State Park | $ | 8,997 | ||
CAP-026 | Pymatuning State Park | $ | 2,650 | ||
CAP-032 | West Branch State Park | $ | 6,243 | ||
CAP-037 | Kiser Lake State Park | $ | 10,616 | ||
CAP-051 | Buck Creek State Park | $ | 500 | ||
CAP-052 | Buckeye Lake State Park | $ | 74,746 | ||
CAP-060 | East Fork State Park | $ | 1,709 | ||
CAP-064 | Geneva State Park | $ | 750 | ||
CAP-069 | Hocking Hills State Park | $ | 472 | ||
CAP-089 | Mosquito Lake State Park | $ | 2,789 | ||
CAP-093 | Portage Lakes State Park | $ | 44,676 | ||
CAP-114 | Beaver Creek State Park | $ | 12,000 | ||
CAP-119 | Forked Run State Park | $ | 5,123 | ||
CAP-169 | Lake White State Park | $ | 3,100 | ||
CAP-222 | Wolf Run State Park | $ | 205,787 | ||
CAP-234 | State Parks, Campgrounds, Lodges, and Cabins | $ | 3,431,369 | ||
CAP-305 | Maumee Bay State Park | $ | 900 | ||
CAP-331 | Park Boating Facilities | $ | 5,411,873 | ||
CAP-390 | State Park Maintenance/Facility Development | $ | 1,803,182 | ||
CAP-718 | Grand Lake St Marys State Park | $ | 7,490 | ||
CAP-719 | Indian Lake State Park | $ | 7,610 | ||
CAP-758 | Muskingum River Parkway Lock #7 | $ | 1,146 | ||
CAP-795 | Headlands Beach State Park | $ | 25,160 | ||
CAP-815 | Mary Jane Thurston State Park | $ | 4,700 | ||
CAP-825 | Marblehead Lighthouse State Park | $ | 1,233 | ||
CAP-829 | Sycamore State Park | $ | 500 | ||
CAP-836 | State Park Renovations/Upgrading | $ | 3,254,137 | ||
CAP-851 | Cleveland Lakefront | $ | 47,051 | ||
CAP-916 | Lake Milton State Park | $ | 46,509 | ||
Total Division of Parks and Recreation | $ | 14,513,075 |
CAP-810 | New Facilities at Farm Science Review | $ | 500 | ||
Total Division of Soil and Water Conservation | $ | 500 |
CAP-705 | Rehabilitate Canals, Hydraulic Works, and Support Facilities | $ | 3,781,222 | ||
CAP-730 | Miami and Erie Canal | $ | 700 | ||
CAP-819 | Rehabilitate/Automate - Ohio Ground Water Observation Well Network | $ | 294,266 | ||
CAP-820 | Automated Stream, Lake, and Ground Water Data Collection | $ | 509,396 | ||
CAP-822 | Flood Hazard Information Studies | $ | 5,518 | ||
CAP-848 | Hazardous Dam Repair - Statewide | $ | 267,000 | ||
Total Division of Water | $ | 4,858,102 | |||
TOTAL Department of Natural Resources | $ | 59,071,321 | |||
TOTAL Ohio Parks and Natural Resources Fund | $ | 59,071,321 |
SECTION 23.01. LAND ACQUISITION
Of the foregoing appropriation item CAP-012, Land Acquisition, $300,000 shall be used by the City of Mentor to purchase property for the Mentor Marsh.
MIAMI AND ERIE CANAL IMPROVEMENTS
Of the foregoing appropriation item CAP-705, Rehabilitate Canals, Hydraulic Works, and Support Facilities, at least $1,250,000 shall be used for Miami and Erie Canal improvements.
LOCAL PARKS PROJECTS - STATEWIDE
The amount reappropriated for the foregoing appropriation item CAP-748, Local Parks Projects - Statewide, is $840,879 plus the unencumbered and unallotted balance as of June 30, 2004, in item CAP-748, Local Parks Projects - Statewide. The $840,879 represents amounts that were previously appropriated, allocated to counties pursuant to division (D) of section 1557.06 of the Revised Code, and encumbered for local project grants. The encumbrances for these local projects in the various counties shall be canceled by the Director of Natural Resources or the Director of Budget and Management. The Director of Natural Resources shall allocate the $840,879 to the same counties the moneys were originally allocated to, in the amount of the canceled encumbrances.
DAM REHABILITATION
Of the foregoing appropriation item CAP-881, Dam Rehabilitation, up to $5,000,000 shall be used to rehabilitate the Muskingum River Locks and Dams.
SECTION 23.02. For the projects appropriated in Section 24 of this act, the Ohio 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 Fund 4S9, Capital Expenses, and be reimbursed by the Ohio Parks and Natural Resources Fund (Fund 031) using an intrastate voucher.
SECTION 24. 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:
CAP-770 | School Building Program Assistance | $ | 11,319,352 | ||
CAP-779 | Exceptional Needs | $ | 602,365 | ||
Total School Facilities Commission | $ | 11,921,717 | |||
TOTAL School Building Program Assistance Fund | $ | 11,921,717 |
SCHOOL BUILDING PROGRAM ASSISTANCE
The amount reappropriated for the foregoing appropriation item CAP-770, School Building Program Assistance, is $6,205,032, plus the sum of the unencumbered and unallotted balances as of June 30, 2004, for appropriation item CAP-770, School Building Program Assistance.
SECTION 25. All items set forth in Sections 25.01 to 25.03 of this act 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 25.01. ADA DEPARTMENT OF ALCOHOL AND DRUG ADDICTION SERVICES
CAP-001 | Renovate Rollman Center | $ | 41,236 | ||
CAP-002 | Community Assistance Projects | $ | 3,560,104 | ||
CAP-003 | Alcohol/Drug Addiction Center | $ | 7,314 | ||
Total Department of Alcohol and Drug Addiction | |||||
Services | $ | 3,608,654 |
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 25.02. DMH DEPARTMENT OF MENTAL HEALTH
CAP-092 | Hazardous Materials Abatement | $ | 240,104 | ||
CAP-479 | Community Assistance Projects | $ | 1,281,313 | ||
CAP-906 | Campus Consolidation-Automation | $ | 307,487 | ||
CAP-946 | Demolition | $ | 126,012 | ||
CAP-976 | Life Safety/Critical Plant Renovations | $ | 147,387 | ||
CAP-977 | Patient Care/Environment Improvement | $ | 2,062,910 | ||
CAP-978 | Infrastructure Renovations | $ | 420,050 | ||
CAP-981 | Emergency Improvements | $ | 2,540,710 | ||
Total Department of Mental Health | $ | 7,125,973 |
COMMUNITY ASSISTANCE PROJECTS
Of the foregoing appropriation item CAP-479, Community Assistance Projects, $250,000 shall be used for the Berea Children's Home.
PATIENT CARE AND ENVIRONMENT IMPROVEMENTS
The amount reappropriated for appropriation item CAP-977, Patient Care/Environment Improvement, is the unencumbered and unallotted balances as of June 30, 2004, in appropriation item CAP-977, Patient Care/Environment Improvement, plus $371,199.
PATIENT ENVIRONMENT IMPROVEMENT CONSOLIDATION
The amount reappropriated for appropriation item CAP-984, Patient Environment Improvement/Consolidation, is the unencumbered and unallotted balance as of June 30, 2004, in appropriation item CAP-984, Patient Environment Improvement/Consolidation plus $176,853.
SECTION 25.03. DMR DEPARTMENT OF MENTAL RETARDATION AND DEVELOPMENTAL DISABILITIES
CAP-001 | Asbestos Abatement | $ | 1,324,722 | ||
CAP-480 | Community Assistance Projects | $ | 15,366,610 | ||
CAP-901 | Razing of Buildings | $ | 369,502 | ||
CAP-912 | Telecommunications Systems Improvement | $ | 208,417 | ||
CAP-941 | Emergency Generator Replacement | $ | 88,942 | ||
CAP-955 | Statewide Developmental Centers | $ | 4,496,148 | ||
CAP-981 | Emergency Improvements | $ | 266,017 | ||
Total Statewide and Central Office Projects | $ | 22,120,358 |
COMMUNITY ASSISTANCE PROJECTS
The foregoing appropriation item CAP-480, Community Assistance Projects, may be used to provide community assistance funds for the 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 are subject to 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 and $1,000,000 shall be used for the Bellefaire Jewish Children's Bureau.
CAP-790 | Cortland Hall Renovation | $ | 31,183 | ||
CAP-791 | Jonathan Hall Renovation | $ | 417,107 | ||
CAP-795 | Ruby Hall Renovation | $ | 277,500 | ||
CAP-940 | Sewage Treatment Plant Renovation | $ | 55,307 | ||
CAP-953 | Door Replacements | $ | 20,000 | ||
CAP-956 | Apple Creek Developmental Center | $ | 49,611 | ||
Total Apple Creek Developmental Center | $ | 850,708 |
CAP-711 | Residential Renovations - CAMDC | $ | 45,037 | ||
CAP-910 | HVAC Renovations - Residential Buildings | $ | 53,550 | ||
CAP-913 | Cambridge HVAC Upgrade - Activity Center | $ | 43,125 | ||
CAP-969 | Utility Upgrade Centerwide | 50,000 | |||
Total Cambridge Developmental Center | $ | 191,712 |
CAP-852 | Fire Alarm System Improvements | $ | 39,295 | ||
CAP-958 | Columbus Developmental Center | $ | 245,368 | ||
Total Columbus Developmental Center | $ | 284,663 |
CAP-959 | Gallipolis Developmental Center | $ | 160,000 | ||
Total Gallipolis Developmental Center | $ | 160,000 |
CAP-960 | Montgomery Developmental Center | $ | 91,172 | ||
Total Montgomery Developmental Center | $ | 91,172 |
CAP-080 | Renovate Main Kitchen - Rian Hall | $ | 71,143 | ||
CAP-101 | Rian Hall Residential Renovations | $ | 105,742 | ||
CAP-947 | Replace Chiller | $ | 67,865 | ||
CAP-962 | Mount Vernon Developmental Center | $ | 239,039 | ||
CAP-974 | Pool/Gymnasium Renovation | $ | 60,000 | ||
Total Mount Vernon Developmental Center | $ | 543,789 |
CAP-963 | Northwest Ohio Developmental Center | $ | 409,409 | ||
CAP-982 | Cooling Tower Replacement | $ | 50,000 | ||
Total Northwest Ohio Developmental Center | $ | 459,409 |
CAP-863 | Residential Renovation - HVAC Upgrade | $ | 30,838 | ||
CAP-964 | Southwest Ohio Developmental Center | $ | 142,134 | ||
CAP-976 | Renovation Program and Support Services Building | $ | 162,100 | ||
Total Southwest Ohio Developmental Center | $ | 335,072 |
CAP-742 | Administration Building Roof | $ | 124,437 | ||
CAP-977 | Roof Replacement | $ | 203,468 | ||
Total Springview Developmental Center | $ | 327,905 |
CAP-085 | Roof Replacement - Dietary | $ | 100,000 | ||
CAP-086 | Replace Boiler Feedwater Heating and Storage Unit | $ | 88,738 | ||
CAP-899 | Utah & Nevada Buildings Renovation | $ | 4,750 | ||
CAP-931 | Roof and Exterior Renovations | $ | 184,825 | ||
CAP-966 | Tiffin Developmental Center | $ | 192,528 | ||
Total Tiffin Developmental Center | $ | 570,841 |
CAP-088 | Exterior Lighting Replacement | $ | 38,000 | ||
CAP-867 | Residential Renovations - WDC | $ | 75,000 | ||
CAP-900 | Water Line Replacement - WDC | $ | 77,922 | ||
CAP-936 | HVAC Renovations | $ | 44,035 | ||
CAP-950 | ADA Compliance - WDC | $ | 41,435 | ||
CAP-951 | Central Kitchen Improvements | $ | 6,805 | ||
CAP-967 | Warrensville Developmental Center | $ | 39,217 | ||
Total Warrensville Developmental Center | $ | 322,414 |
TOTAL Department of Mental Retardation | |||||
and Developmental Disabilities | $ | 26,258,043 | |||
TOTAL Mental Health Facilities Improvement Fund | $ | 36,992,670 |
SECTION 25.04. 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 adopted pursuant to those chapters and that section 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, subject to Controlling Board approval.
SECTION 25.05. (A) No capital improvement appropriations made in Sections 25.01 to 25.03 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 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, 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 no 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 applicable 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 statutes and rules, including provisions of this act.
SECTION 26. All items set forth in Sections 26.01 to 26.56 of this act 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 26.01. OEB OHIO EDUCATIONAL TELECOMMUNICATIONS NETWORK COMMISSION
CAP-001 | Educational Television and Radio Equipment | $ | 1,650,617 | ||
CAP-002 | Educational Broadcasting Fiber Optic Network | $ | 51,748 | ||
Total Ohio Educational Telecommunications | |||||
Network Commission | $ | 1,702,365 |
EDUCATIONAL TELEVISION AND RADIO EQUIPMENT
The foregoing appropriation item CAP-001, Educational Television and Radio Equipment, shall be used to provide broadcasting, transmission, and production equipment to Ohio public radio and television stations, radio reading services, and the Ohio Educational Telecommunications Network Commission.
EDUCATIONAL BROADCASTING FIBER OPTIC NETWORK
The foregoing appropriation item CAP-002, Educational Broadcasting Fiber Optic Network, shall be used to link the Ohio public radio and television stations, radio reading services, and the Ohio Educational Broadcasting Network for the reception and transmission of digital communications through fiber optic cable or other technology.
SECTION 26.02. BOR BOARD OF REGENTS
CAP-032 | Research Facility Investment Loans/Grants | $ | 3,581,226 | ||
CAP-033 | Child Care Facility - Matching Grants | $ | 742,695 | ||
CAP-060 | Technology Initiatives | $ | 1,183,398 | ||
CAP-061 | Central State Rehabilitation | $ | 207,012 | ||
CAP-062 | Non Credit Job Training Facility Grants | $ | 5,985,000 | ||
CAP-068 | Third Frontier Project | $ | 54,360,000 | ||
CAP-071 | Center for Transitional and Applied Genomics | $ | 500,000 | ||
CAP-072 | Cleveland Clinic Heart Center Infrastructure | $ | 1,000,000 | ||
CAP-073 | Technology Incubator for Market-Ready Applications | $ | 2,000,000 | ||
Total Board of Regents | $ | 69,559,331 |
SECTION 26.03. RESEARCH FACILITY ACTION AND INVESTMENT FUNDS
The foregoing appropriation item CAP-032, Research Facility Investment Loans/Grants, 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 Investment Loans/Grants. 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 26.04. REPAYMENT OF RESEARCH FACILITY INVESTMENT LOANS/GRANTS MONEYS
Notwithstanding any provision of law to the contrary, all repayments of Research Facility Investment Loans/Grants loans shall be made to the Bond Service Account in the Higher Education Bond Service Trust Fund.
Institutions of higher education shall make timely repayments of Research Facility Investment Loans/Grants loans, according to the schedule established by the Board of Regents. In the case of late payments, the Board of Regents may deduct from an institution's periodic subsidy distribution an amount equal to the amount of the overdue payment for that institution, transfer such amount to the Bond Service Trust Fund, and credit the appropriate institution for the repayment.
SECTION 26.05. CHILD CARE FACILITY - MATCHING GRANTS
The foregoing appropriation item CAP-033, Child Care Facility - Matching Grants, shall be used by the Board of Regents to make grants to state-supported or state-assisted institutions of higher education for projects to expand, construct, renovate space, or equip child care centers. All grants shall be awarded on a 50 per cent match basis. In making grant awards, the Board of Regents shall give priority to:
(A) Projects located at state-supported or state-assisted institutions without child care facilities;
(B) Projects for which the principal clients are children of students enrolled at the institution; and
(C) Projects where the facility will be used as a classroom/training lab for child care/preschool certification programs.
SECTION 26.06. TECHNOLOGY INITIATIVES
The foregoing appropriation item 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 26.07. 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, 2004, and ending June 30, 2006.
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 26.08. TECHNOLOGY INCUBATOR FOR MARKET-READY APPLICATIONS
The amount reappropriated for the foregoing appropriation item CAP-073, Technology Incubator for Market-Ready Applications, is the unencumbered and unallotted balance as of June 30, 2004, in Youngstown State University's appropriation item CAP-128, Technology Incubator for Market-Ready Applications, and CAP-116, Technology Incubator for Market-Ready Applications.
SECTION 26.09. REIMBURSEMENT FOR PROJECT COSTS
Appropriations made in Sections 26.02 to 26.56 of this act for purposes of the 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 institution's obligations.
Appropriations made in Sections 26.02 to 26.56 of this act for purposes of the 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 expenditures were reasonably expected at the time of the advance by the institution and the state 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. All reimbursements are subject to review and approval through the capital release process.
SECTION 26.10. UAK UNIVERSITY OF AKRON
CAP-008 | Basic Renovations | $ | 3,394,867 | ||
CAP-047 | Polsky Building Renovation | $ | 577,185 | ||
CAP-049 | Basic Renovations - Wayne | $ | 270,316 | ||
CAP-054 | Auburn Science/Whitby Rehabilitation | $ | 4,099,600 | ||
CAP-061 | Asbestos Abatement | $ | 29,650 | ||
CAP-063 | Child Care Facility | $ | 149,998 | ||
CAP-075 | Infrastructure Materials/Rehabilitation | $ | 102,932 | ||
CAP-076 | Supercritical Fluid Technology | $ | 17,500 | ||
CAP-080 | UAK/Medina Technology Link | $ | 43,307 | ||
CAP-081 | Classroom/Office Building - Arts/Sciences | $ | 21,710 | ||
CAP-091 | Student Affairs Building | $ | 1,235,626 | ||
CAP-095 | Online Math | $ | 29,305 | ||
CAP-097 | Ohio NMR Consortium | $ | 96,500 | ||
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 | ||
CAP-102 | Scanning Raman Spectrometer | $ | 635 | ||
CAP-104 | Nanoscale Polymers Manufacturing | $ | 237,500 | ||
CAP-105 | Hydrogen Production and Storage | $ | 169,000 | ||
CAP-107 | Stan Hywet Hall and Gardens | $ | 500,000 | ||
CAP-108 | Weathervane Theatre, Akron | $ | 100,000 | ||
CAP-109 | Case Barlow Farm, Hudson | $ | 100,000 | ||
CAP-110 | Springfield HS/UAK Distance Learning Project | $ | 382,000 | ||
Total University of Akron | $ | 20,706,309 |
SECTION 26.11. BGU BOWLING GREEN STATE UNIVERSITY
CAP-009 | Basic Renovations | $ | 6,290,012 | ||
CAP-060 | Basic Renovations - Firelands | $ | 267,550 | ||
CAP-074 | Instructional and Data Processing Equipment | $ | 1,586,263 | ||
CAP-078 | Asbestos Abatement | $ | 1,584 | ||
CAP-088 | ADA Modifications | $ | 329,896 | ||
CAP-091 | Child Care Facility | $ | 49,406 | ||
CAP-093 | Pedestrian Mall Project | $ | 20,766 | ||
CAP-094 | Materials Network | $ | 90,981 | ||
CAP-104 | Jerome Library Renovations | $ | 89,146 | ||
CAP-105 | Administration Building Elevators | $ | 25,003 | ||
CAP-108 | Tunnel Upgrade - Phase II | $ | 98,820 | ||
CAP-109 | Cedar Point Community Center | $ | 862,684 | ||
CAP-110 | Hannah Hall Rehabilitation | $ | 2,005,522 | ||
CAP-112 | Biology Lab Renovation | $ | 1,199,595 | ||
CAP-113 | Campus-Wide Paving/Sidewalk Upgrade | $ | 352,700 | ||
CAP-114 | Student Learning | $ | 128,920 | ||
CAP-115 | Video Teaching Network | $ | 33,627 | ||
CAP-117 | Administration Building Chiller | $ | 2,475 | ||
CAP-118 | Kinetic Spectrometry Consortium | $ | 187,798 | ||
CAP-119 | Admissions Visitor Center | $ | 3,000,000 | ||
CAP-120 | Theatre/Performing Arts Complex | $ | 8,750,000 | ||
CAP-121 | University Hall Rehabilitation | $ | 1,174,981 | ||
CAP-122 | Convocation Center | $ | 50,000 | ||
Total Bowling Green State University | $ | 26,597,729 |
BASIC RENOVATIONS
The amount reappropriated for the foregoing appropriation item CAP-009, Basic Renovations, is the sum of the unencumbered and unallotted balances as of June 30, 2004, in appropriation items CAP-009, Basic Renovations; CAP-066, South Hall Replacement; and CAP-106, LSC Stairwell/MSC Exterior Steps.
SECTION 26.12. CSU CENTRAL STATE UNIVERSITY
CAP-022 | Basic Renovations | $ | 862,299 | ||
CAP-068 | Instructional and Data Processing Replacement | $ | 16,002 | ||
CAP-075 | ADA Modifications | $ | 51,645 | ||
CAP-078 | Brown Library Roof Replacement | $ | 21,479 | ||
CAP-081 | Campus Rehabilitation | $ | 236,907 | ||
CAP-083 | Master Plan/Supplemental Renovations | $ | 91,278 | ||
CAP-084 | Academic Facility - Phase 1 | $ | 7,144,745 | ||
CAP-085 | Green Hall Rehabilitation | $ | 50,406 | ||
CAP-088 | Capacity Grant | $ | 28,609 | ||
CAP-090 | Emery Hall Roof Rehabilitation | $ | 632,500 | ||
CAP-091 | Carnegie Hall Roof Rehabilitation | $ | 76,503 | ||
CAP-092 | Page Hall Rehabilitation | $ | 1,000,000 | ||
CAP-095 | Williamson Hall HVAC | $ | 126,110 | ||
CAP-096 | Lane Hall Rehabilitation | $ | 3,700,000 | ||
CAP-097 | Campus-wide Master Plan | $ | 11,366 | ||
CAP-098 | Web Instruction | $ | 888 | ||
Total Central State University | $ | 14,050,737 |
SECTION 26.13. UCN UNIVERSITY OF CINCINNATI
CAP-009 | Basic Renovations | $ | 6,003,233 | ||
CAP-018 | Basic Renovations - Clermont | $ | 227,093 | ||
CAP-054 | Raymond Walters Renovations | $ | 146,415 | ||
CAP-115 | Hazardous Waste | $ | 6,648 | ||
CAP-122 | Infrastructure Assessment | $ | 1,639 | ||
CAP-125 | Supplemental Renovations - Interior Spaces | $ | 15,223 | ||
CAP-128 | Science and Allied Health Building - Walters | $ | 248,614 | ||
CAP-137 | MSB Otolaryngology | $ | 1,228 | ||
CAP-141 | ADA Modifications | $ | 239,535 | ||
CAP-142 | ADA Modifications - Clermont | $ | 6,039 | ||
CAP-143 | ADA Modifications - Walters | $ | 2,101 | ||
CAP-156 | CFC Unit Replacement | $ | 2,173 | ||
CAP-158 | Molecular Components/Simulation Network | $ | 14,154 | ||
CAP-171 | Asbestos - Rieveschl Hall | $ | 298,057 | ||
CAP-173 | Surface Engineering | $ | 69,428 | ||
CAP-174 | Classroom/Teaching Lab Renovations | $ | 55,965 | ||
CAP-176 | Network Expansion | $ | 19,000 | ||
CAP-177 | Critical Building Component Renovations | $ | 422,700 | ||
CAP-179 | Rieveschl Rehabilitation | $ | 27,240 | ||
CAP-180 | Rapid Prototype Process | $ | 72,043 | ||
CAP-182 | Elevator - Critical Building Components | $ | 33,271 | ||
CAP-187 | MSB Small Group Learning Spaces | $ | 1,125 | ||
CAP-188 | HPB/Wherry Service Entrances | $ | 24,454 | ||
CAP-193 | Nano Particles | $ | 1,103 | ||
CAP-194 | Transgenic Core Capacity | $ | 1,633 | ||
CAP-195 | Thin Film Analysis | $ | 110,452 | ||
CAP-196 | Electronic Reconstruction | $ | 1,784 | ||
CAP-197 | Med Center Technology | $ | 1,546 | ||
CAP-198 | TC/Dyer Rehabilitation Phase 1A | $ | 8,532 | ||
CAP-200 | Braustein Rehabilitation Phase 1 | $ | 301 | ||
CAP-201 | WC Faculty Media Center | $ | 7,275 | ||
CAP-202 | Baldwin Hall Rehabilitation - Phase I | $ | 8,360 | ||
CAP-203 | Zimmer Plaza & Auditorium Rehabilitation | $ | 5,919 | ||
CAP-205 | Medical Science Building Rehabilitation | $ | 7,481,108 | ||
CAP-206 | One Stop Services Center | $ | 1,221,776 | ||
CAP-207 | Central Campus Infrastructure | $ | 327,727 | ||
CAP-208 | Security System Upgrade | $ | 54,483 | ||
CAP-209 | Library Renovations | $ | 900,500 | ||
CAP-211 | Cincinnati Symphony Facility | $ | 500,000 | ||
CAP-212 | Roof Replacement - MSB Complex | $ | 24,906 | ||
CAP-218 | Creation of a P3 Facility | $ | 500 | ||
CAP-223 | Teachers College/Dyer Hall Rehabilitation Phase 2 | $ | 3,073,015 | ||
CAP-224 | Van Wormer Administrative Building Rehabilitation | $ | 642,423 | ||
CAP-226 | Holocaust Archives at Hebron Union College | $ | 250,000 | ||
CAP-227 | Old Chemistry Roof and Masonry | $ | 99,049 | ||
CAP-228 | Medical Science Building Level G, 1 & 2 Lab Upgrades | $ | 2,117 | ||
CAP-232 | Expression Technology | $ | 52,979 | ||
CAP-237 | Biomedical Engineering | $ | 231,816 | ||
CAP-244 | Pulse Detonation Engine | $ | 140,050 | ||
CAP-250 | Student Services | $ | 97,898 | ||
CAP-251 | Information Technology | $ | 15,972 | ||
CAP-252 | Surgery Research Renovation Level G & 1 | $ | 3,566 | ||
CAP-253 | Electron Photo Reagents | $ | 62,055 | ||
CAP-254 | Elevator Modernization - Sanders | $ | 232,372 | ||
CAP-257 | Micro and Nano-materials Consortium | $ | 160,000 | ||
CAP-258 | Genome Research | $ | 176,439 | ||
CAP-259 | Ohio NMR Consortium | $ | 114,500 | ||
CAP-260 | Environmental Technology Consortium | $ | 50,000 | ||
CAP-262 | Central Campus Renovations | $ | 8,442 | ||
CAP-264 | McMicken Window Replacement | $ | 66,882 | ||
CAP-265 | Rieveschl/Crosley Rehab/Expansion | $ | 285,633 | ||
CAP-266 | Muntz Rehab Phase 2 | $ | 77,623 | ||
CAP-267 | Muntz Classroom/Office Upgrades | $ | 16,297 | ||
CAP-269 | Raymond Walters Veterinary College | $ | 400,000 | ||
CAP-270 | CAS HVAC Upgrades | $ | 294,680 | ||
CAP-272 | French West | $ | 557 | ||
CAP-273 | Help Phones | $ | 43,754 | ||
CAP-276 | Health Professionals Building G44E Renovation | $ | 25,428 | ||
CAP-277 | Rieveschl 800 Lab Reloc. | $ | 705,147 | ||
CAP-278 | Structural Biology | $ | 500,000 | ||
CAP-279 | Developmental Neurobiology | $ | 500,000 | ||
CAP-283 | College of Applied Science | $ | 154,000 | ||
CAP-284 | Mechanistic Modeling Tools | $ | 60,000 | ||
CAP-285 | Medical Science Building Library Computer Lab Renovation | $ | 63,003 | ||
CAP-286 | CAS Fire Alarm Upgrade | $ | 618,174 | ||
CAP-287 | Classroom Security System | $ | 71,696 | ||
CAP-288 | Doped Electroluminescent Devices | $ | 100,000 | ||
CAP-289 | Medical Science Building Data Electronic RM Walls | $ | 29,965 | ||
CAP-290 | Mainframe Computing Alliance | $ | 104,727 | ||
CAP-291 | Proteomics in the Post Genome Era | $ | 1,000,000 | ||
CAP-292 | Nanoscale Hybrid Materials | $ | 600,287 | ||
CAP-293 | Accelerated Maturation of Materials | $ | 250,000 | ||
CAP-294 | Hydrogen Production & Storage | $ | 206,000 | ||
CAP-295 | Edwards Corridors Tile | $ | 26,801 | ||
Total University of Cincinnati | $ | 30,208,640 |
BASIC RENOVATIONS
The amount reappropriated for the foregoing appropriation item CAP-009, Basic Renovations, is the sum of the unencumbered and unallotted balance as of June 30, 2004, in appropriation item CAP-009, Basic Renovations, plus $14,860.
SCIENCE AND ALLIED HEALTH BUILDING - WALTERS
The amount reappropriated for the foregoing appropriation item CAP-128, Science and Allied Health Building - Walters, is the sum of the unencumbered and unallotted balance as of June 30, 2004, in appropriation item CAP-128, Science and Allied Health Building - Walters, plus $81,931.
CLASSROOM/TEACHING LAB RENOVATIONS
The amount reappropriated for the foregoing appropriation item CAP-174, Classroom/Teaching Lab Renovations, is the sum of the unencumbered and unallotted balance as of June 30, 2004, in appropriation item CAP-174, Classroom/Teaching Lab Renovations, plus $698.
ELEVATOR - CRITICAL BUILDING COMPONENTS
The amount reappropriated for the foregoing appropriation item CAP-182, Elevator - Critical Building Components, is the sum of the unencumbered and unallotted balance as of June 30, 2004, in appropriation item CAP-182, Elevator - Critical Building Components, plus $45,048.
MSB SMALL GROUP LEARNING SPACES
The amount reappropriated for the foregoing appropriation item CAP-187, MSB Small Group Learning Spaces, is the sum of the unencumbered and unallotted balance as of June 30, 2004, in appropriation item CAP-187, MSB Small Group Learning Spaces, plus $1,125.
TC/DYER REHABILITATION PHASE 1A
The amount reappropriated for the foregoing appropriation item CAP-198, TC/DYER Rehabilitation Phase 1A, is the sum of the unencumbered and unallotted balance as of June 30, 2004, in appropriation item CAP-198, TC/DYER Rehabilitation Phase 1A, plus $2,406.
BRAUSTEIN REHABILITATION PHASE 1
The amount reappropriated for the foregoing appropriation item CAP-200, Braustein Rehabilitation Phase 1, is the sum of the unencumbered and unallotted balance as of June 30, 2004, in appropriation item CAP-200, Braustein Rehabilitation Phase 1, plus $301.
BALDWIN HALL REHABILITATION - PHASE 1
The amount reappropriated for the foregoing appropriation item CAP-202, Baldwin Hall Rehabilitation - Phase 1, is the sum of the unencumbered and unallotted balance as of June 30, 2004, in appropriation item CAP-202, Baldwin Hall Rehabilitation - Phase 1, plus $8,360.
MEDICAL SCIENCE BUILDING REHABILITATION
The amount reappropriated for the foregoing appropriation item CAP-205, Medical Science Building Rehabilitation, is the sum of the unencumbered and unallotted balance as of June 30, 2004, in appropriation item CAP-205, Medical Science Building Rehabilitation, plus $274.
ONE STOP SERVICES CENTER
The amount reappropriated for the foregoing appropriation item CAP-206, One Stop Services Center, is the sum of the unencumbered and unallotted balance as of June 30, 2004, in appropriation item CAP-206, One Stop Services Center, plus $1,260.
CREATION OF A P3 FACILITY
The amount reappropriated for the foregoing appropriation item CAP-218, Creation of a P3 Facility, is the sum of the unencumbered and unallotted balance as of June 30, 2004, in appropriation item CAP-218, Creation of a P3 Facility, plus $500.
SECTION 26.14. CLS CLEVELAND STATE UNIVERSITY
CAP-007 | Stilwell Hall Completion | $ | 25,160 | ||
CAP-023 | Basic Renovations | $ | 4,173,262 | ||
CAP-067 | 17th - 18th Street Block | $ | 164,026 | ||
CAP-069 | Great Lakes Museum for Science, Environment, and Technology | $ | 200,000 | ||
CAP-088 | Asbestos Abatement | $ | 1,636,687 | ||
CAP-092 | Handicapped Requirements | $ | 17,148 | ||
CAP-101 | Classroom Building Conversion | $ | 50,000 | ||
CAP-109 | Classroom Upgrade | $ | 533,031 | ||
CAP-112 | Land Acquisitions | $ | 16,803 | ||
CAP-114 | Geographic Information Systems | $ | 77,738 | ||
CAP-117 | Landscaping/Sidewalks/Stairs | $ | 29,350 | ||
CAP-118 | Structural Concrete Rehabilitation | $ | 36,893 | ||
CAP-125 | College of Education Building | $ | 9,386,384 | ||
CAP-126 | Electrical System Upgrades Phase 2 | $ | 1,072,619 | ||
CAP-127 | Fire Alarm System Upgrade | $ | 400,000 | ||
CAP-128 | Property Acquisition | $ | 2,886,556 | ||
CAP-130 | WVIZ Technology Center | $ | 1,000,000 | ||
CAP-135 | Law Building Stair Renovation | $ | 6,669 | ||
CAP-136 | University Center HVAC Phase 1 | $ | 3,843 | ||
CAP-137 | University Center Elevator Upgrades | $ | 26,545 | ||
CAP-138 | Student Services | $ | 142,174 | ||
CAP-139 | Landscape, Sidewalk Replacement | $ | 5,845 | ||
CAP-142 | Rhodes Tower Library Roof Replacement | $ | 1,170,372 | ||
CAP-143 | Cleveland Food Bank | $ | 500,000 | ||
CAP-144 | Rhodes Tower Plaza Renovation Phase 2 | $ | 1,300,000 | ||
CAP-145 | Cleveland Manufactures Technology Complex | $ | 500,000 | ||
CAP-146 | Rhodes Tower Exterior Renovation | $ | 56,709 | ||
Total Cleveland State University | $ | 25,417,813 |
BASIC RENOVATIONS
The amount reappropriated for the foregoing appropriation item CAP-023, Basic Renovations, is the unencumbered and unallotted balance as of June 30, 2004, in appropriation item CAP-023, Basic Renovations, plus $9,122.
SECTION 26.15. KSU KENT STATE UNIVERSITY
CAP-022 | Basic Renovations | $ | 4,061,411 | ||
CAP-098 | Trumbull Branch Addition | $ | 13,972 | ||
CAP-105 | Basic Renovations - East Liverpool | $ | 171,174 | ||
CAP-106 | Basic Renovations - Geauga | $ | 93,274 | ||
CAP-107 | Basic Renovations - Salem | $ | 178,129 | ||
CAP-108 | Basic Renovations - Stark | $ | 397,489 | ||
CAP-110 | Basic Renovations - Ashtabula | $ | 249,026 | ||
CAP-111 | Basic Renovations - Trumbull | $ | 618,878 | ||
CAP-112 | Basic Renovations - Tuscarawas | $ | 2,198 | ||
CAP-122 | Faculty Office Addition - Salem | $ | 12,072 | ||
CAP-126 | HVAC Renovations - Ashtabula | $ | 5,545 | ||
CAP-128 | Roof Renovations - Ashtabula | $ | 1,435 | ||
CAP-137 | LCI/Materials Science Building | $ | 24,730 | ||
CAP-139 | Science Building - Stark | $ | 54,890 | ||
CAP-140 | Road Improvements - Trumbull | $ | 12,282 | ||
CAP-143 | Liquid Crystals | $ | 450,884 | ||
CAP-146 | Williams Hall Medium Voltage | $ | 13,816 | ||
CAP-154 | Separation Science | $ | 1,497 | ||
CAP-156 | Boiler Plant Controls and Building Alterations | $ | 36,932 | ||
CAP-157 | Moulton Hall Rehabilitation | $ | 30,772 | ||
CAP-159 | Electrical Substation/Fiber Optic Network | $ | 51,993 | ||
CAP-161 | Addition to Cunningham Hall | $ | 80,149 | ||
CAP-162 | Science and Technology Building - Trumbull | $ | 125,374 | ||
CAP-164 | ADA Modifications - Ashtabula | $ | 6,772 | ||
CAP-166 | ADA Modifications - Geauga | $ | 440 | ||
CAP-167 | ADA Modifications - Salem | $ | 5,312 | ||
CAP-168 | ADA Modifications - Stark | $ | 620 | ||
CAP-173 | Child Care Facility | $ | 18,650 | ||
CAP-176 | Midway Drive Utilities Tunnel - II | $ | 100,087 | ||
CAP-177 | Corporate Education and Conference Center, Phase 2 Stark | $ | 28,556 | ||
CAP-179 | New Power Plant | $ | 125,445 | ||
CAP-184 | Distributed Computation/Visualization | $ | 33,833 | ||
CAP-188 | Child Care Funds - East Liverpool | $ | 90,000 | ||
CAP-189 | Child Care Funds - Tuscarawas | $ | 19,847 | ||
CAP-190 | Child Care Funds - Ashtabula | $ | 12,500 | ||
CAP-194 | Child Care - Salem | $ | 100,000 | ||
CAP-195 | Child Care - Geauga | $ | 20,666 | ||
CAP-196 | Technology Improvements - Ashtabula | $ | 282,331 | ||
CAP-197 | Technology Improvements - Geauga | $ | 6,044 | ||
CAP-198 | Technology Improvements - Salem | $ | 5,648 | ||
CAP-199 | Technology Improvements - Trumbull | $ | 72,860 | ||
CAP-200 | Technology Improvements - Tuscarawas | $ | 18,638 | ||
CAP-202 | Utility Tunnel Upgrade | $ | 133,929 | ||
CAP-206 | Child Care Facility | $ | 2,637 | ||
CAP-207 | Kent Hall Planning and Addition | $ | 1,650,674 | ||
CAP-210 | Rooftop Air Handler | $ | 600 | ||
CAP-212 | Technology Building and Parking | $ | 1,700,333 | ||
CAP-213 | Electric Distribution Renovation | $ | 36,396 | ||
CAP-214 | Stark Selective Interior Renovation | $ | 10,549 | ||
CAP-218 | Henderson Hall Roof Replace/Masonry | $ | 56,385 | ||
CAP-219 | Campus Electrical Infrastructure Improvements | $ | 22,181 | ||
CAP-220 | Campus Steam System Evaluation & Upgrade | $ | 297,556 | ||
CAP-221 | Organic Semiconductor Facility | $ | 60,000 | ||
CAP-225 | MPA Based Template | $ | 15,078 | ||
CAP-227 | 3D Microscopy Imaging | $ | 287,100 | ||
CAP-228 | Exterior Site Improvements | $ | 2,159 | ||
CAP-231 | Organic Semiconductor Consortium | $ | 52,863 | ||
CAP-232 | Ohio NMR Consortium | $ | 80,800 | ||
CAP-233 | Environmental Technology Consortium | $ | 56,850 | ||
CAP-234 | Terrace Drive Heating Plant Rehabilitation I | $ | 2,254,722 | ||
CAP-235 | Rehabilitation of Franklin Hall - Planning | $ | 1,815,000 | ||
CAP-237 | Classroom Building Interior Renovation - Tuscarawas | $ | 1,015,746 | ||
CAP-238 | Roof Replacement, Classroom Building | $ | 169,002 | ||
CAP-239 | Classroom Building Roof, Coping, Fascia Restoration | $ | 581,919 | ||
CAP-240 | Roadway Parking Lot Improvements Phase 1 | $ | 250,000 | ||
CAP-241 | Main Hall Selective Interior Renovations - Phase 1 | $ | 146,547 | ||
CAP-243 | Classroom Building Interior Renovations - East Liverpool | $ | 804,594 | ||
CAP-244 | Fine Arts Building Addition | $ | 1,300,000 | ||
CAP-245 | Rockwell Hall Sprinkler System | $ | 1,018 | ||
CAP-246 | Tuscarawas Wing C Penthouse Roof Replacement | $ | 83,745 | ||
CAP-248 | Mary Patterson Building Boiler Replacement | $ | 119,631 | ||
CAP-250 | Rockwell Hall Tunnel Waterproofing | $ | 16,707 | ||
CAP-251 | Hydrogen Production & Storage | $ | 185,000 | ||
CAP-252 | Ohio Organic Semiconductor | $ | 250,000 | ||
Total Kent State University | $ | 21,095,892 |
BOILER PLANT CONTROLS AND BUILDING ALTERATIONS
The amount reappropriated for the foregoing appropriation item CAP-156, Boiler Plant Controls and Building Alterations, is the unencumbered and unallotted balance as of June 30, 2004, in appropriation item CAP-156, Boiler Plant Controls and Building Alterations, plus $6,738.
ELECTRICAL SUBSTATION/FIBER OPTIC NETWORK
The amount reappropriated for the foregoing appropriation item CAP-159, Electrical Substation/Fiber Optic Network, is the unencumbered and unallotted balance as of June 30, 2004, in appropriation item CAP-159, Electrical Substation/Fiber Optic Network, plus $6,526.
MIDWAY DRIVE UTILITIES TUNNEL - II
The amount reappropriated for the foregoing appropriation item CAP-176, Midway Drive Utilities Tunnel - II, is the unencumbered and unallotted balance as of June 30, 2004, in appropriation item CAP-176, Midway Drive Utilities Tunnel - II, plus $1,522.
SECTION 26.16. MUN MIAMI UNIVERSITY
CAP-018 | Basic Renovations | $ | 4,352, 129 | ||
CAP-064 | Land Restoration - Hamilton | $ | 11,466 | ||
CAP-066 | Basic Renovations - Hamilton | $ | 438,175 | ||
CAP-069 | Basic Renovations - Middletown | $ | 552,927 | ||
CAP-070 | Chilled Water System | $ | 358,075 | ||
CAP-072 | Hiestand Hall Renovations | $ | 782 | ||
CAP-081 | Cooperative Regional Library Depository SW | $ | 2,546 | ||
CAP-083 | Campus Avenue Building Renovation | $ | 43,612 | ||
CAP-085 | Alumni Hall Rehabilitation - Phase I | $ | 972 | ||
CAP-088 | Hoyt Hall Rehabilitation | $ | 7,785 | ||
CAP-089 | High Voltage Electric | $ | 735,266 | ||
CAP-092 | Science Building - Middletown | $ | 271,261 | ||
CAP-096 | McGuffey Hall Rehabilitation | $ | 137,677 | ||
CAP-098 | Computer Network Installation | $ | 23,259 | ||
CAP-099 | King Library Rehabilitation | $ | 3,001,865 | ||
CAP-101 | ADA Modifications | $ | 963 | ||
CAP-102 | ADA Modifications - Hamilton | $ | 686 | ||
CAP-103 | ADA Modifications - Middletown | $ | 2,798 | ||
CAP-105 | Plant Response/Environmental Stress | $ | 72,641 | ||
CAP-107 | Gas Phase Chemistry of Ions | $ | 34,740 | ||
CAP-109 | Molecular Microbial Biology | $ | 67,500 | ||
CAP-110 | Micromachining Technology | $ | 510,553 | ||
CAP-111 | Roudebush Hall Rehabilitation | $ | 291,058 | ||
CAP-112 | Chilled Water Loop Phase I - Hamilton | $ | 45,291 | ||
CAP-113 | Special Academic/Administrative Projects - Hamilton | $ | 508,381 | ||
CAP-114 | Chilled Water Loop Phase I - Middletown | $ | 47,553 | ||
CAP-115 | Special Academic/Administrative Projects - Middletown | $ | 1,607,518 |
CAP-116 | Hughes Hall Rehabilitation - Phase 2 | $ | 15,008 | ||
CAP-117 | North Campus Refrigeration/Chilled Water | $ | 26,698 | ||
CAP-120 | Cole Service Building Addition | $ | 15,206 | ||
CAP-121 | Southwestern Book Depository | $ | 178,821 | ||
CAP-123 | Phillips Hall Rehabilitation | $ | 86,743 | ||
CAP-126 | Collaboration to Improve Learning | $ | 28,516 | ||
CAP-127 | Campus Steam Distribution - Phase I | $ | 850,000 | ||
CAP-129 | Steam Plant Electrostatic Precipitator | $ | 6,699 | ||
CAP-130 | MacMillan Rehabilitation/Multicultural Center | $ | 32,919 | ||
CAP-131 | Miami University Learning Center | $ | 1,001,515 | ||
CAP-132 | Mass Spectrum Consortium | $ | 21,413 | ||
CAP-133 | Single Crystal X-Ray Diffractometer | $ | 70,144 | ||
CAP-134 | Thermal Ionization Mass Spectrometer | $ | 147,481 | ||
CAP-135 | NMR Spectrometer | $ | 159,654 | ||
CAP-139 | Ohio NMR Consortium | $ | 193,000 | ||
CAP-140 | Environmental Technology Consortium | $ | 50,000 | ||
CAP-141 | 385 Peck Boulevard | $ | 1,068,019 | ||
CAP-142 | Engineering and Applied Science Facility | $ | 500,000 | ||
CAP-143 | Warfield Hall Rehabilitation | $ | 250,000 | ||
CAP-145 | Campus Chilled Water Efficiency | $ | 339,109 | ||
CAP-146 | Information Technology System Upgrade | $ | 811,969 | ||
CAP-147 | Central Campus Water and Sewer Improvement | $ | 350,000 | ||
CAP-149 | Parrish Auditorium Rehabilitation | $ | 700,000 | ||
CAP-150 | Student and Community Center | $ | 1,120 | ||
Total Miami University | $ | 20,031,513 |
SECTION 26.17. OSU OHIO STATE UNIVERSITY
CAP-074 | Basic Renovations | $ | 21,755,353 | ||
CAP-149 | Basic Renovations - Regional Campuses | $ | 1,586,910 | ||
CAP-198 | Brown Hall Annex Replacement | $ | 6,213 | ||
CAP-216 | Evans Lab Addition | $ | 92,250 | ||
CAP-217 | Library Book Warehouse | $ | 14,721 | ||
CAP-219 | Supplemental Renovations | $ | 101,419 | ||
CAP-254 | Basic Renovations - ATI | $ | 184,610 | ||
CAP-255 | Supplemental Renovations - OARDC | $ | 1,408,980 | ||
CAP-256 | Supplemental Renovations - Regional | $ | 191,955 | ||
CAP-258 | Dreese Lab Addition | $ | 283,941 | ||
CAP-259 | Mendenhall Lab Rehabilitation | $ | 20,690 | ||
CAP-261 | Bioscience/Parks Hall Addition | $ | 12,584 | ||
CAP-268 | Horse/Farm Management Facility - ATI | $ | 5,417 | ||
CAP-269 | Greenhouse Modernization | $ | 40,982 | ||
CAP-271 | Horticulture/Entomology Greenhouse - OARDC | $ | 15,425 | ||
CAP-273 | Retrovirus Research Center | $ | 3,554 | ||
CAP-274 | OARDC Thorne & Gourley Halls | $ | 20,955 | ||
CAP-292 | Life Sciences Research Building | $ | 218,170 | ||
CAP-293 | College of Business Facilities | $ | 134,074 | ||
CAP-294 | Stillman Hall Addition | $ | 58,779 | ||
CAP-295 | Poultry Science Facility | $ | 2,888 | ||
CAP-297 | Library/Classroom Building - Marion | $ | 572 | ||
CAP-302 | Food Science & Technology Building | $ | 92,743 | ||
CAP-304 | Conference Center - OARDC/ATI | $ | 23,350 | ||
CAP-306 | Heart & Lung Institute | $ | 32,437 | ||
CAP-311 | Superconducting Radiation | $ | 65,094 | ||
CAP-313 | Brain Tumor Research Center | $ | 6,001 | ||
CAP-314 | Engineering Center Net Shape Manufacturing | $ | 20,730 | ||
CAP-315 | Membrane Protein Typology | $ | 8,835 | ||
CAP-316 | Instructional and Data Processing Equipment | $ | 200,806 | ||
CAP-321 | Fine Particle Technologies | $ | 159,363 | ||
CAP-323 | Advanced Plasma Engineering | $ | 22,379 | ||
CAP-324 | Plasma Ramparts | $ | 1,150 | ||
CAP-326 | IN-SITU AL-BE Composites | $ | 1,733 | ||
CAP-331 | Cunz Hall - Partial 2nd Floor Renovation | $ | 7,286 | ||
CAP-333 | Larkins Hall - Roof Replacement Phase III | $ | 84,795 | ||
CAP-334 | Center for Automotive Research | $ | 3,445 | ||
CAP-335 | Jay Cooke Residence - Roof and Windows | $ | 86,668 | ||
CAP-339 | Poultry Science Lab Remodeling | $ | 213 | ||
CAP-347 | Asbestos Abatement | $ | 5,724 | ||
CAP-349 | Materials Network | $ | 56,025 | ||
CAP-350 | Bio-Technology Consortium | $ | 42,378 | ||
CAP-352 | Analytical Electron Microscope | $ | 375,000 | ||
CAP-353 | High Temp Alloys & Alluminoids | $ | 220,000 | ||
CAP-356 | Pesticide Storage/Disposal Buildings | $ | 606 | ||
CAP-357 | Supplemental Renovations - ATI | $ | 33,969 | ||
CAP-361 | Maintenance, Receiving, and Storage Facility - Marion | $ | 58,646 | ||
CAP-362 | McPherson Lab Rehabilitation | $ | 169,056 | ||
CAP-368 | Heart and Lung Institute | $ | 101,808 | ||
CAP-372 | Veterinary Hospital - Animal Isolation | $ | 200 | ||
CAP-374 | ADA Modifications | $ | 141,183 | ||
CAP-375 | ADA Modifications - ATI | $ | 41,936 | ||
CAP-376 | ADA Modifications - Lima | $ | 95,538 | ||
CAP-377 | ADA Modifications - Mansfield | $ | 15,253 | ||
CAP-379 | ADA Modifications - Newark | $ | 7,732 | ||
CAP-387 | Titanium Alloys | $ | 54,912 | ||
CAP-391 | Haskett/Hopkins Halls Renovations | $ | 7,312 | ||
CAP-394 | ATI/OARDC Roof Replacements | $ | 13,913 | ||
CAP-398 | Advanced Manufacturing | $ | 38,579 | ||
CAP-399 | Manufacturing Processes/Materials | $ | 62,574 | ||
CAP-401 | Terhertz Studies | $ | 35,294 | ||
CAP-402 | Caldwell Laboratory Remodeling | $ | 37,839 | ||
CAP-406 | Marion Park/Road/Sidewalk/Lights | $ | 2,750 | ||
CAP-407 | Dulles Chilled Water | $ | 2,095 | ||
CAP-411 | Campus Grounds - Lights Phase 4 | $ | 7,018 | ||
CAP-412 | Hitchcock Hall HVAC Upgrades | $ | 10,392 | ||
CAP-413 | Pomerene Lighting/Wiring | $ | 235,300 | ||
CAP-414 | Postle Hall Roof Replacement | $ | 2,332 | ||
CAP-419 | NMR Consortium | $ | 75,116 | ||
CAP-420 | Versatile Film Facility | $ | 72,894 | ||
CAP-421 | OCARNET | $ | 5,916 | ||
CAP-422 | Bioprocessing Research | $ | 90,252 | ||
CAP-423 | Localized Corrosion Research | $ | 6,128 | ||
CAP-424 | ATM Testbed | $ | 3,633 | ||
CAP-425 | Physical Sciences Building | $ | 2,653,195 | ||
CAP-427 | Morrill Hall Remodeling - Vacated Library Space - Marion | $ | 730,742 | ||
CAP-428 | Capital Equipment - OARDC | $ | 2,510 | ||
CAP-430 | Hagerty Hall Rehabilitation | $ | 89,231 | ||
CAP-431 | Sisson Hall Replacement | $ | 5,571 | ||
CAP-434 | Ramseyer Hall Roof Renovations | $ | 19,700 | ||
CAP-436 | Machinery Acoustics | $ | 3,804 | ||
CAP-439 | Sensors and Measurements | $ | 15,115 | ||
CAP-440 | Polymer Magnets | $ | 1,099 | ||
CAP-443 | ADA Modifications - Elevator/Handrails | $ | 45,426 | ||
CAP-444 | Larkins Hall HVAC System Upgrade | $ | 3,500 | ||
CAP-445 | Starling Loving Hall A Wing - HVAC | $ | 367 | ||
CAP-449 | Bolz Hall Roof Replacement | $ | 64,180 | ||
CAP-450 | Campus Grounds Exterior Lighting, Phase 5 | $ | 5,748 | ||
CAP-453 | Evans Lab Chiller Replacement | $ | 5,647 | ||
CAP-454 | Utilities Upgrade Lighting Retrofit | $ | 11,575 | ||
CAP-458 | A1 Alloy Corrosion | $ | 14,292 | ||
CAP-464 | Main Library HVAC Renovations | $ | 6,711 | ||
CAP-465 | Veterinary Hospital Chiller Replacement | $ | 35,668 | ||
CAP-466 | ARPS Hall Chiller Replacement | $ | 6,323 | ||
CAP-468 | Larkins Hall Window Replacements | $ | 11,295 | ||
CAP-471 | Newton Hall Renovations | $ | 2,134 | ||
CAP-472 | OSHA Safety Devices | $ | 3,426 | ||
CAP-476 | Mount Hall Lecture Hall | $ | 1,559 | ||
CAP-479 | ADA Compliant Restrooms 1997 | $ | 1,906 | ||
CAP-480 | Campbell Hall Public Space | $ | 102,104 | ||
CAP-481 | OSHA Ventilation - Bio Science | $ | 9,162 | ||
CAP-484 | Page Hall Planning | $ | 179,557 | ||
CAP-485 | Botany & Zoology Building Planning | $ | 20,803,345 | ||
CAP-487 | Robinson Laboratory Planning | $ | 20,000,000 | ||
CAP-488 | Don Scott Field Replacement Barns | $ | 24,889 | ||
CAP-489 | Galvin Hall 3rd Floor Renovation - Lima | $ | 367,657 | ||
CAP-491 | Horticultural Operations Center - ATI | $ | 1,474,400 | ||
CAP-492 | OARDC Feed Mill | $ | 5,800,000 | ||
CAP-496 | 1314 Kinnear Road Building Improvement | $ | 3,370 | ||
CAP-497 | Book Depository | $ | 8,262 | ||
CAP-498 | Curl Drive Mill & Overlay | $ | 28,830 | ||
CAP-499 | Biological Sciences Cooling Tower | $ | 6,930 | ||
CAP-500 | Campus Buildings - Emergency Lighting | $ | 25,258 | ||
CAP-504 | Fontana Lab - Chiller Replacement | $ | 12,210 | ||
CAP-505 | Main Library HVAC Upgrade | $ | 1,000 | ||
CAP-507 | Utilities High Voltage Electric | $ | 216,544 | ||
CAP-509 | Mount Hall HVAC Modifications | $ | 40,982 | ||
CAP-510 | Derby Hall Roof Replacement | $ | 67,415 | ||
CAP-512 | Main Library Roof Replacement | $ | 1,316 | ||
CAP-513 | Main Library Carpeting | $ | 8,352 | ||
CAP-517 | Vet Hospital Roof Replacement | $ | 36,185 | ||
CAP-518 | French Field House Glass Replacement | $ | 57,625 | ||
CAP-519 | Ohio Biomedical Consortium on Medical Therapeutic Micro Devices | $ | 70,797 | ||
CAP-520 | Plant and Microbe Functional Genomics Facilities | $ | 16,259 | ||
CAP-521 | Ohio Center for Wetland & River Restoration | $ | 4,919 | ||
CAP-523 | Consortium for Novem Microfabrications Methods of Medical Devices in Non-Silicon Materials | $ | 499,010 | ||
CAP-524 | Bone & Mineral Metabolism Research Lab | $ | 17,730 | ||
CAP-526 | Koffolt/Fontana Roof Replacement | $ | 81,281 | ||
CAP-530 | OSHA Fume Hood Monitors Phase I | $ | 27,033 | ||
CAP-531 | Animal & Plant Biology Level 3 | $ | 3,303,062 | ||
CAP-532 | Food, AG, and Environmental Sciences | $ | 1,500,000 | ||
CAP-534 | Main Library Rehabilitation | $ | 1,693,806 | ||
CAP-535 | Psychology Building | $ | 13,517,273 | ||
CAP-536 | Thorne Hall and Gowley Hall Renovations, Phase 3 | $ | 3,895,974 | ||
CAP-539 | Nanosecond Infrared Measurement | $ | 2,588 | ||
CAP-544 | Cockins Hall Math & Statistics | $ | 59,371 | ||
CAP-546 | Nanometer Scale Auger Electron | $ | 34 | ||
CAP-549 | Caldwell Asbestos Abatement | $ | 193,947 | ||
CAP-552 | X-Ray Powder Diffractometer | $ | 558 | ||
CAP-554 | Deconvolution Microscope | $ | 1,097 | ||
CAP-556 | Heart/Lung Inst Animal Facility | $ | 442,855 | ||
CAP-557 | Pomerene Hall Renovation | $ | 10,546 | ||
CAP-558 | Campus Lighting Phase VII | $ | 2,356 | ||
CAP-560 | Campus Grounds - Woody Hayes Drive Rebuild | $ | 343,351 | ||
CAP-561 | Campus Grounds Street Rebuild | $ | 13,767 | ||
CAP-564 | Denney Hall Renovation Phase I | $ | 18,538 | ||
CAP-565 | Ion Mass Spectrometry | $ | 7,556 | ||
CAP-566 | Accelerated Maturation of Materials | $ | 31,231 | ||
CAP-568 | Role of Molecular Interfaces | $ | 26,304 | ||
CAP-569 | McCracken Steam Turbine Vibration Monitoring | $ | 50,926 | ||
CAP-570 | Celeste Laboratory HVAC Modifications | $ | 396,848 | ||
CAP-571 | Electron and Ion Optical Characterization of Materials | $ | 10,164 | ||
CAP-572 | New Millimeter Spectrometer | $ | 11,962 | ||
CAP-573 | Noncredit Job Training - Mansfield | $ | 46,640 | ||
CAP-574 | Noncredit Job Training - Marion | $ | 6,644 | ||
CAP-575 | Multi Object Double Spectrograph | $ | 132,981 | ||
CAP-576 | 1224 Kinnear Road - Bale | $ | 41,520 | ||
CAP-577 | Non-Silicon Micromachining | $ | 73,991 | ||
CAP-579 | Veterinary Hospital Auditorium Renovation | $ | 60,196 | ||
CAP-580 | Bevis Hall Roof Replacement | $ | 38,366 | ||
CAP-582 | Hayes Hall Roof Replacement | $ | 21,269 | ||
CAP-583 | Rightmire Hall Roof Replacement | $ | 14,233 | ||
CAP-584 | Starling-Loving Hall Renovation | $ | 35,179 | ||
CAP-585 | Marion Campus - Student Services | $ | 35,654 | ||
CAP-586 | Electroscience Lab Renovation | $ | 731,500 | ||
CAP-587 | OARDC Boiler Replacement | $ | 1,173,042 | ||
CAP-588 | Graves Hall Roof Replacement | $ | 76,594 | ||
CAP-590 | Supercomputer Center Expansion | $ | 9,922,376 | ||
CAP-591 | Mansfield Parking Lot Resurfacing/Striping | $ | 146,794 | ||
CAP-592 | Oval Restoration 2001 | $ | 1,390,350 | ||
CAP-594 | Forging Technologies | $ | 115,539 | ||
CAP-596 | Information Literacy | $ | 273,779 | ||
CAP-597 | Online Business Major | $ | 119,351 | ||
CAP-598 | Child Care Facility | $ | 125,000 | ||
CAP-599 | Renovation of Graves Hall | $ | 271,876 | ||
CAP-600 | ATI Shisler Center Courtyard | $ | 7,381 | ||
CAP-602 | OARDC Wooster Phone System Replacement | $ | 467,398 | ||
CAP-604 | Extramural Research Facilities | $ | 1,000,000 | ||
CAP-605 | Utility - North Tunnel Steamline Upgrade | $ | 1,302,420 | ||
CAP-607 | Springback of Aluminum Alloys | $ | 10,612 | ||
CAP-608 | Dual Beam Characterization | $ | 150,000 | ||
CAP-609 | Precision Navigation System | $ | 2,696 | ||
CAP-613 | Organic Semiconductor Consortium | $ | 224,911 | ||
CAP-616 | Environmental Technology Consortium | $ | 50,000 | ||
CAP-617 | Campbell, University, and Evans Hall | $ | 1,546,496 | ||
CAP-618 | Laboratory Animal Facility | $ | 6,700,000 | ||
CAP-619 | Fry Hall Building Addition | $ | 3,600,000 | ||
CAP-620 | School of Music - Planning | $ | 250,000 | ||
CAP-622 | Western Branch Headquarters & Machinery Building | $ | 850,000 | ||
CAP-623 | Piketon Training & Development Center | $ | 900,000 | ||
CAP-624 | Muck Crops Branch/Shop Building Replacement | $ | 825,000 | ||
CAP-626 | Agr/Engineering Building Renovation & Addition | $ | 200,000 | ||
CAP-628 | Wood County Center for Agriculture | $ | 1,000,000 | ||
CAP-629 | Community Heritage Art Gallery - Lima | $ | 100,000 | ||
CAP-631 | Health Psychology | $ | 250,000 | ||
CAP-632 | Nanotechnology Molecular Assembly | $ | 500,000 | ||
CAP-633 | Networking and Communication | $ | 500,000 | ||
CAP-634 | Planetary Gear | $ | 125,000 | ||
CAP-635 | X-Ray Fluorenscence Spectrometer | $ | 60,000 | ||
CAP-636 | Precision Navigation | $ | 85,000 | ||
CAP-637 | Welding & Metal Working | $ | 200,000 | ||
CAP-638 | Spin Driven Electronics | $ | 78,841 | ||
CAP-639 | Inductively Coupled Plasma Etching | $ | 139,661 | ||
CAP-641 | Accelerated Metals | $ | 1,100,000 | ||
CAP-642 | Mathematical Biosciences Institute | $ | 100,000 | ||
CAP-645 | Lincoln Morrill Tower Walkway | $ | 611,100 | ||
CAP-646 | Mershon Auditorium HVAC System Improvements | $ | 456,250 | ||
CAP-647 | Molecular Microdevices | $ | 200,000 | ||
CAP-648 | Research Center HVAC System Improvements | $ | 163,485 | ||
CAP-649 | Infrared Absorption Measurements | $ | 187,500 | ||
CAP-650 | Dark Fiber | $ | 5,000,000 | ||
CAP-651 | Shared Data Backup System | $ | 252,560 | ||
CAP-652 | Mainframe Computing Alliance | $ | 40,650 | ||
CAP-653 | Third Frontier Network Testbed | $ | 1,029,988 | ||
CAP-654 | Distributed Learning Workshop | $ | 750,000 | ||
CAP-655 | Nanoscale Patterning Consortium | $ | 1,868,997 | ||
CAP-656 | Accelerated Maturation of Materials | $ | 1,650,000 | ||
CAP-657 | Nanoscale Polymers Manufacturing | $ | 1,762,500 | ||
CAP-658 | Hydrogen Production and Storage | $ | 440,000 | ||
CAP-659 | Ohio Organic Semiconductor | $ | 500,000 | ||
CAP-660 | Macromolecular Crystallography | $ | 240,000 | ||
CAP-680 | Cleveland Botanical Gardens | $ | 2,500,000 | ||
Total Ohio State University | $ | 163,205,353 |
ANIMAL AND PLANT BIOLOGY LEVEL 3
The amount reappropriated for the foregoing appropriation item CAP-531, Animal and Plant Biology Level 3, shall be $3,303,062.
SECTION 26.18. OHU OHIO UNIVERSITY
CAP-020 | Basic Renovations | $ | 5,116,698 | ||
CAP-021 | Conservancy District Assessment | $ | 8,807 | ||
CAP-086 | Memorial Auditorium Rehabilitation | $ | 10,013 | ||
CAP-094 | Bentley Hall Renovation | $ | 111,333 | ||
CAP-095 | Basic Renovations - Eastern | $ | 520,810 | ||
CAP-098 | Basic Renovations - Lancaster | $ | 267,010 | ||
CAP-099 | Basic Renovations - Zanesville | $ | 244,601 | ||
CAP-113 | Basic Renovations - Chillicothe | $ | 299,716 | ||
CAP-114 | Basic Renovations - Ironton | $ | 301,350 | ||
CAP-115 | Bennett Hall HVAC/Lab - Chillicothe | $ | 997,950 | ||
CAP-116 | Copeland Hall Rehabilitation | $ | 3,881 | ||
CAP-117 | Porter Hall Rehabilitation | $ | 26,531 | ||
CAP-119 | Biomedical Research Center | $ | 21,374 | ||
CAP-120 | Ridges Auditorium Rehabilitation | $ | 1,177 | ||
CAP-136 | Gymnasium Development - Eastern | $ | 97,734 | ||
CAP-137 | Classroom Building - Ironton | $ | 6,025 | ||
CAP-141 | College of Health and Human Services | $ | 74,963 | ||
CAP-142 | Health Professions Labs Phase I | $ | 33,308 | ||
CAP-145 | Asbestos Abatement | $ | 27,136 | ||
CAP-148 | RTVC Building Asbestos Abatement | $ | 1,037 | ||
CAP-149 | Electrical Distribution System | $ | 1,490 | ||
CAP-152 | Gordy Hall Addition and Rehabilitation | $ | 21,464 | ||
CAP-155 | Brasee Hall Rehabilitation - Lancaster | $ | 1,072,411 | ||
CAP-157 | ADA Modifications | $ | 67,665 | ||
CAP-160 | ADA Modifications - Ironton | $ | 9,113 | ||
CAP-161 | ADA Modifications - Lancaster | $ | 20,345 | ||
CAP-164 | Southeast Library Warehouse | $ | 251,254 | ||
CAP-169 | Elevator Improvements Phase III | $ | 95,345 | ||
CAP-172 | Elson Hall Rehabilitation - Zanesville | $ | 1,080,130 | ||
CAP-183 | Central Classroom Building | $ | 298,040 | ||
CAP-184 | Utilities to Scripps Hall | $ | 211 | ||
CAP-186 | Ellis Hall Partial Renovation | $ | 7,080 | ||
CAP-187 | Technology Center Planning - Ironton | $ | 1,292 | ||
CAP-188 | Technology Center Construction - Ironton | $ | 5,331 | ||
CAP-189 | Conference Center Planning - Lancaster | $ | 500,358 | ||
CAP-190 | Center for Public Policy | $ | 29,589 | ||
CAP-191 | District Water Cooling | $ | 17,029 | ||
CAP-192 | Plant and Microbe Functional Genomics Facilities | $ | 38,358 | ||
CAP-199 | Bently Hall Phase I | $ | 36,100 | ||
CAP-200 | Building Acquisition/Renovation - Eastern | $ | 373,182 | ||
CAP-202 | Putnam Hall Rehabilitation | $ | 258,523 | ||
CAP-203 | Supplemental Renovations | $ | 309,937 | ||
CAP-205 | Noncredit Job Training | $ | 731,000 | ||
CAP-206 | Human Resources Training Center | $ | 1,116 | ||
CAP-208 | Student Services | $ | 33,238 | ||
CAP-209 | Creativity Through Technology | $ | 338,520 | ||
CAP-211 | Ohio NMR Consortium | $ | 80,800 | ||
CAP-212 | Exterior Site Improvement | $ | 248,065 | ||
CAP-213 | Daycare Center | $ | 447,950 | ||
CAP-214 | Science/Fine Arts Renovation Phase 2 | $ | 725,213 | ||
CAP-215 | Land-Use Plan/Future Development | $ | 30,000 | ||
CAP-219 | Mainframe Computing Alliance | $ | 10,000 | ||
CAP-220 | Nanoscale Patterning Consortium | $ | 131,003 | ||
Total Ohio University | $ | 15,442,606 |
BASIC RENOVATIONS
The amount reappropriated for the foregoing appropriation item CAP-020, Basic Renovations, is the unencumbered and unallotted balance as of June 30, 2004, in appropriation item CAP-020, Basic Renovations, plus $42,454.
BASIC RENOVATIONS - LANCASTER
The amount reappropriated for the foregoing appropriation item CAP-098, Basic Renovations - Lancaster, is the unencumbered and unallotted balance as of June 30, 2004, in appropriation item CAP-098, Basic Renovations - Lancaster, plus $441.
BASIC RENOVATIONS - ZANESVILLE
The amount reappropriated for the foregoing appropriation item CAP-099, Basic Renovations - Zanesville, is the unencumbered and unallotted balance as of June 30, 2004, in appropriation item CAP-099, Basic Renovations - Zanesville, plus $1,333.
BENNETT HALL HVAC/LAB - CHILLICOTHE
The amount reappropriated for the foregoing appropriation item CAP-115, Bennett Hall HVAC/Lab - Chillicothe, is the unencumbered and unallotted balance as of June 30, 2004, in appropriation item CAP-115, Bennett Hall HVAC/Lab - Chillicothe, plus $11,590.
GYMNASIUM DEVELOPMENT - EASTERN
The amount reappropriated for the foregoing appropriation item CAP-136, Gymnasium Development - Eastern, is the unencumbered and unallotted balance as of June 30, 2004, in appropriation item CAP-136, Gymnasium Development - Eastern, plus $305.
COLLEGE OF HEALTH AND HUMAN SERVICES
The amount reappropriated for the foregoing appropriation item CAP-141, College of Health and Human Services, is the unencumbered and unallotted balance as of June 30, 2004, in appropriation item CAP-141, College of Health and Human Services, plus $7,534.
HEALTH PROFESSIONS LABS - PHASE I
The amount reappropriated for the foregoing appropriation item CAP-142, Health Professions Labs Phase I, is the unencumbered and unallotted balance as of June 30, 2004, in appropriation item CAP-142, Health Professions Labs Phase I, plus $33,308.
GORDY HALL ADDITION AND REHABILITATION
The amount reappropriated for the foregoing appropriation item CAP-152, Gordy Hall Addition and Rehabilitation, is the unencumbered and unallotted balance as of June 30, 2004, in appropriation item CAP-152, Gordy Hall Addition and Rehabilitation, plus $940.
BRASEE HALL REHABILITATION - LANCASTER
The amount reappropriated for the foregoing appropriation item CAP-155, Brasee Hall Rehabilitation - Lancaster, is the unencumbered and unallotted balance as of June 30, 2004, in appropriation item CAP-155, Brasee Hall Rehabilitation - Lancaster, plus $13,216.
ELSON HALL REHABILITATION - ZANESVILLE
The amount reappropriated for the foregoing appropriation item CAP-172, Elson Hall Rehabilitation - Zanesville, is the unencumbered and unallotted balance as of June 30, 2004, in appropriation item CAP-172, Elson Hall Rehabilitation - Zanesville, plus $4,404.
TECHNOLOGY CENTER PLANNING - IRONTON
The amount reappropriated for the foregoing appropriation item CAP-187, Technology Center Planning - Ironton, is the unencumbered and unallotted balance as of June 30, 2004, in appropriation item CAP-187, Technology Center Planning - Ironton, plus $1,292.
TECHNOLOGY CENTER CONSTRUCTION - IRONTON
The amount reappropriated for the foregoing appropriation item CAP-188, Technology Center Construction - Ironton, is the unencumbered and unallotted balance as of June 30, 2004,in appropriation item CAP-188, Technology Center Construction - Ironton, plus $5,331.
CENTER FOR PUBLIC POLICY
The amount reappropriated for the foregoing appropriation item CAP-190, Center for Public Policy, is the unencumbered and unallotted balance as of June 30, 2004, in appropriation item CAP-190, Center for Public Policy, plus $23,891.
DISTRICT WATER COOLING
The amount reappropriated for the foregoing appropriation item CAP-191, District Water Cooling, is the unencumbered and unallotted balance as of June 30, 2004, in appropriation item CAP-191, District Water Cooling, plus $17,029.
SUPPLEMENTAL RENOVATIONS
The amount reappropriated for the foregoing appropriation item CAP-203, Supplemental Renovations, is the unencumbered and unallotted balance as of June 30, 2004, in appropriation item CAP-203, Supplemental Renovations, plus $6,621.
HUMAN RESOURCES TRAINING CENTER
The amount reappropriated for the foregoing appropriation item CAP-206, Human Resources Training Center, is the unencumbered and unallotted balance as of June 30, 2004, in appropriation item CAP-206, Human Resources Training Center, plus $1,116.
SECTION 26.19. SSC SHAWNEE STATE UNIVERSITY
CAP-004 | Basic Renovations | $ | 1,468,735 | ||
CAP-008 | Massie Hall Renovation | $ | 54,541 | ||
CAP-010 | Land Acquisition | $ | 116,917 | ||
CAP-016 | Library Building | $ | 10,777 | ||
CAP-017 | Math/Science Building | $ | 17,061 | ||
CAP-029 | Fine Arts Class and Lab Building | $ | 108,704 | ||
CAP-030 | Utilities and Landscaping | $ | 4,679 | ||
CAP-037 | ADA Modifications | $ | 53,188 | ||
CAP-039 | Central Heating Plant Replacement | $ | 5,215 | ||
CAP-040 | Chiller Replacement | $ | 12,054 | ||
CAP-041 | Kricker Hall Renovation | $ | 1,932 | ||
CAP-042 | Sidewalk/Plaza Replacement | $ | 250,276 | ||
CAP-043 | Communication/Data Upgrade | $ | 23,079 | ||
CAP-044 | Land Acquisition | $ | 343,830 | ||
CAP-045 | Rehabilitation of Health Sciences Building Phase I | $ | 1,681,974 | ||
CAP-046 | Digital Infrastructure | $ | 81,153 | ||
CAP-047 | Natatorium Rehabilitation | $ | 450,000 | ||
CAP-048 | Facilities Building Renovation | $ | 242,120 | ||
Total Shawnee State University | $ | 4,926,235 |
SECTION 26.20. UTO UNIVERSITY OF TOLEDO
CAP-007 | University Hall Renovation | $ | 12,966 | ||
CAP-010 | Basic Renovations | $ | 4,724,946 | ||
CAP-025 | Roof Renovations | $ | 25,655 | ||
CAP-062 | Pharmacy, Chemical and Life Sciences Facility | $ | 3,318 | ||
CAP-071 | Southwest Academic Center Rehabilitation | $ | 12,321 | ||
CAP-073 | ADA Modifications | $ | 6,452 | ||
CAP-077 | Tribology | $ | 231,196 | ||
CAP-083 | Bowman-Oddy Rehabilitation Phase 2 | $ | 241,368 | ||
CAP-091 | Greenhouse Improvements | $ | 11,675 | ||
CAP-092 | Plant and Microbe Functional Genomics Facilities | $ | 42,587 | ||
CAP-093 | Distance Learning | $ | 50,915 | ||
CAP-094 | Plant Operations Renovation | $ | 450,000 | ||
CAP-096 | Health & Human Services Rehabilitation Phase I | $ | 2,559,923 | ||
CAP-097 | Libbey Hall Rehabilitation | $ | 275,000 | ||
CAP-100 | University Computer Center | $ | 4,878 | ||
CAP-105 | Gillham Hall Rehabilitation | $ | 9,522,871 | ||
CAP-108 | Roof Renovations/Scott Park | $ | 12,508 | ||
CAP-109 | Student Services | $ | 192,781 | ||
CAP-110 | Distributed Learning Courses | $ | 94,996 | ||
CAP-111 | Scott Park Classroom Abatement | $ | 418,139 | ||
CAP-112 | Campus Signage Improvements | $ | 132,951 | ||
CAP-113 | Wind Tunnel Relocation | $ | 16,370 | ||
CAP-115 | Palmer Hall - 3rd Floor Classroom Renovations | $ | 2,200,000 | ||
CAP-116 | Bowman-Oddy-N Wing Renovations | $ | 5,207,000 | ||
CAP-117 | Mainframe Computing Alliance | $ | 61,277 | ||
CAP-118 | Macromolecular Crystallography | $ | 941,600 | ||
Total University of Toledo | $ | 27,453,693 |
SECTION 26.21. WSU WRIGHT STATE UNIVERSITY
CAP-015 | Basic Renovations | $ | 2,291,904 | ||
CAP-064 | Basic Renovations - Lake | $ | 7,350 | ||
CAP-071 | New Academic Building | $ | 8,881 | ||
CAP-080 | Library Access Consolidation System | $ | 6,160,731 | ||
CAP-084 | ADA Modifications | $ | 2,751 | ||
CAP-093 | Information Technology Center | $ | 23,860 | ||
CAP-102 | Specialized Communication | $ | 12,894 | ||
CAP-103 | Millett Hall Rehabilitation | $ | 21,479 | ||
CAP-113 | Advanced Internet Utilization | $ | 167,583 | ||
CAP-114 | Environmental Technology Consortium | $ | 575,245 | ||
CAP-115 | Russ Engineering Expansion | $ | 2,631,000 | ||
CAP-116 | Rike Hall Renovation - Planning | $ | 200,000 | ||
CAP-117 | Electrical Infrastructure Phase 1 | $ | 1,956,600 | ||
CAP-118 | Campus Master Plan Phase V-A | $ | 1,534,031 | ||
CAP-119 | Science Lab Renovations - Planning | $ | 500,000 | ||
CAP-120 | Lake Campus University Center | $ | 587,200 | ||
CAP-122 | Accelerated Maturation of Materials | $ | 100,000 | ||
Total Wright State University | $ | 16,781,509 |
BASIC RENOVATIONS
The amount reappropriated for the foregoing appropriation item CAP-015, Basic Renovations, is the unencumbered and unallotted balance as of June 30, 2004, in appropriation items CAP-015, Basic Renovations; CAP-094, Campus Services Building; and CAP-098, Center/Hamilton/Physical Education Chiller, plus $23,400.
BASIC RENOVATIONS - LAKE
The amount reappropriated for the foregoing appropriation item CAP-064, Basic Renovations - Lake, is the sum of the unencumbered and unallotted balance as of June 30, 2004, in appropriation item CAP-064, Basic Renovations - Lake, plus $7,350.
LIBRARY ACCESS CONSOLIDATION SYSTEM
The amount reappropriated for the foregoing appropriation item CAP-080, Library Access Consolidation System, is the unencumbered and unallotted balance as of June 30, 2004, in appropriation item CAP-080, Library Access Consolidation System, plus $33,780.
CAMPUS MASTER PLAN PHASE V-A
The amount reappropriated for the foregoing appropriation item CAP-118, Campus Master Plan Phase V-A, is the sum of the unencumbered and unallotted balance as of June 30, 2004, in appropriation items CAP-072, Access Circulation, CAP-104, Road and Parking Lot Improvements, and CAP-118, Campus Master Plan Phase V-A.
SECTION 26.22. YSU YOUNGSTOWN STATE UNIVERSITY
CAP-014 | Basic Renovations | $ | 3,029,503 | ||
CAP-027 | Property Acquisition/Street Closures | $ | 19,673 | ||
CAP-040 | Bliss Hall Rehabilitation - Final Phase | $ | 49,029 | ||
CAP-066 | Asbestos Abatement | $ | 48,279 | ||
CAP-086 | Instructional and Data Processing Equipment | $ | 898,064 | ||
CAP-099 | Todd Hall Renovations | $ | 151,979 | ||
CAP-108 | Electronic Campus Infrastructure/Technology | $ | 1,553,708 | ||
CAP-111 | Fine Arts Distance Learning | $ | 45,146 | ||
CAP-112 | Beeghly Center Rehabilitation | $ | 229,765 | ||
CAP-113 | Campus Development | $ | 929,396 | ||
CAP-114 | Chiller and Steamline Replacement Phase 3 | $ | 777,900 | ||
CAP-117 | Ward Beecher/HVAC Ugrade | $ | 174,982 | ||
CAP-120 | Student Services | $ | 61,545 | ||
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 System Upgrades | $ | 400,000 | ||
CAP-127 | Recreation and Wellness Center | $ | 1,000,000 | ||
Total Youngstown State University | $ | 12,668,969 |
SECTION 26.23. MCO MEDICAL COLLEGE OF OHIO
CAP-010 | Basic Renovations | $ | 123,787 | ||
CAP-046 | Instructional and Data Processing Equipment | $ | 490,676 | ||
CAP-048 | Medical Informatics Data Highway | $ | 6,803 | ||
CAP-049 | Center for Classrooms of the Future | $ | 5,460 | ||
CAP-053 | ADA Modifications | $ | 8,258 | ||
CAP-062 | Waterproofing | $ | 3,381 | ||
CAP-066 | Core Research Facility | $ | 2,193,940 | ||
CAP-067 | Student Services | $ | 553 | ||
CAP-072 | Campus Substation Repairs | $ | 5,317 | ||
CAP-074 | Mulford Library Roof | $ | 1,740 | ||
CAP-076 | Supplemental Renovations | $ | 16,306 | ||
CAP-077 | Academic Classroom Improvements | $ | 400,000 | ||
CAP-078 | Clinical Academic Renovation | $ | 700,000 | ||
CAP-079 | Campus Waterproofing | $ | 41,500 | ||
Total Medical College of Ohio | $ | 3,997,721 |
SECTION 26.24. NEM NORTHEASTERN OHIO UNIVERSITIES COLLEGE OF MEDICINE
CAP-018 | Basic Renovations | $ | 495,179 | ||
CAP-022 | Cooperating Regional Library Depository | $ | 452,200 | ||
CAP-034 | ADA Modifications | $ | 5,562 | ||
CAP-036 | Computer Services Networking | $ | 398 | ||
CAP-040 | Campus Network Expansion | $ | 1,223,974 | ||
CAP-042 | Outdoor Athletic Facilities | $ | 6,158 | ||
CAP-045 | Renovation of Olson and Meshul Halls | $ | 1,316,849 | ||
CAP-046 | HEI Data Reporting | $ | 217,400 | ||
CAP-047 | Roof Renovations | $ | 12,418 | ||
Total Northeastern Ohio Universities College of Medicine | $ | 3,730,138 |
ROOF RENOVATIONS
The amount reappropriated for the foregoing appropriation item CAP-047, Roof Renovations, shall be $12,418.
SECTION 26.25. CWR CASE WESTERN RESERVE UNIVERSITY
CAP-005 | NE Ohio Biomedical Research Consortium | $ | 33,750 | ||
CAP-013 | Ohio MEMSnet | $ | 17,579 | ||
CAP-016 | Ohio Pharmacological Sciences Consortium | $ | 9,892 | ||
CAP-022 | Developing and Improving Institutional Animal Resources | $ | 64,144 | ||
CAP-028 | Ohio MicroMD: The Ohio BioMEMS Consortium on Medical Therapeutic Microdevices | $ | 11,002 | ||
CAP-029 | Consortium for Novel Microfabrication Methods of Mesoscale Devices in Non-Silicon Materials | $ | 167,893 | ||
CAP-031 | Research in Propulsion Systems for Future Vehicles | $ | 180,161 | ||
CAP-032 | Center for Fire & Explosion Science & Technology | $ | 31,978 | ||
CAP-033 | Acquisition of 900 MHz NMR Spectrometer | $ | 1,400,000 | ||
CAP-035 | Construction of Near Field Optical Probe for Bioinspired Research & Education | $ | 145,000 | ||
CAP-036 | Ohio Eminent Scholar for Fuel Cells | $ | 500,000 | ||
CAP-037 | Mass Spectrometry Consortium for Materials and Medical Research | $ | 155,000 | ||
CAP-038 | Ohio In-vivo Cellular and Molecular Imaging Consortium | $ | 1,040,000 | ||
CAP-039 | Ohio Organic Semiconductor Consortium | $ | 215,000 | ||
CAP-040 | Ohio NMR Consortium | $ | 800,000 | ||
CAP-041 | Acquisition of a 600 MHz NMR Spectrometer Equipped with Cryoprobe | $ | 250,000 | ||
CAP-042 | Nanoscale Hybrid Materials: Novel Synthesis, Characterization and Applications | $ | 200,000 | ||
CAP-043 | Ohio Organic Semiconductor Consortium | $ | 250,000 | ||
Total Case Western Reserve University | $ | 5,471,399 |
SECTION 26.26. CTC CINCINNATI STATE TECHNICAL AND COMMUNITY COLLEGE
CAP-008 | Interior Renovations | $ | 102,045 | ||
CAP-013 | Basic Renovations | $ | 479,518 | ||
CAP-016 | Health Professions Building Planning | $ | 1,468 | ||
CAP-030 | Student Life/Education Building | $ | 3,707,269 | ||
CAP-032 | Child Care Facility | $ | 89,715 | ||
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 | $ | 5,443,485 |
SECTION 26.27. CLT CLARK STATE COMMUNITY COLLEGE
CAP-006 | Basic Renovations | $ | 703,692 | ||
CAP-034 | ADA Modifications | $ | 28,451 | ||
CAP-038 | Future Health Professionals | $ | 25,910 | ||
CAP-039 | Champaign Health and Education Center | $ | 100,000 | ||
CAP-040 | Clark Health and Education Center | $ | 50,000 | ||
Total Clark State Community College | $ | 908,053 |
SECTION 26.28. CTI COLUMBUS STATE COMMUNITY COLLEGE
CAP-006 | Basic Renovations | $ | 1,286,530 | ||
CAP-007 | Land Acquisition | $ | 936,000 | ||
CAP-028 | Instructional and Data Processing Equipment | $ | 858,973 | ||
CAP-033 | Child Care Facility | $ | 89,510 | ||
CAP-037 | Academic Center "C" | $ | 132,684 | ||
CAP-040 | Building "D" Planning | $ | 22,283,398 | ||
CAP-043 | Building "E" Planning | $ | 1,022,862 | ||
Total Columbus State Community College | $ | 26,609,957 |
ACADEMIC CENTER "C"
The amount reappropriated for the foregoing appropriation item CAP-037, Academic Center "C", shall be the sum of the unencumbered and unallotted balance as of June 30, 2004, in appropriation item CAP-037, Academic Center "C", plus $29,271.
SECTION 26.29. CCC CUYAHOGA COMMUNITY COLLEGE
CAP-031 | Basic Renovations | $ | 4,226,339 | ||
CAP-064 | Technology Learning Center - Western | $ | 57,818 | ||
CAP-067 | Plans Ops/Vehicle Maintenance/Storage-Phase 1 | $ | 63,336 | ||
CAP-073 | Noncredit Job Training | $ | 1,994 | ||
CAP-076 | Distance Learning | $ | 139,287 | ||
CAP-079 | Cleveland Art Museum - Improvements | $ | 5,000,000 | ||
CAP-084 | Literacy Initiative | $ | 202,020 | ||
CAP-087 | Center for Nursing and Health Careers | $ | 222,164 | ||
CAP-088 | Corporate College | $ | 500,000 | ||
CAP-089 | East I Renovations Phase 2 - Eastern | $ | 4,339,089 | ||
CAP-090 | Building A Expansion Module - Western | $ | 6,194,517 | ||
Total Cuyahoga Community College | $ | 20,946,564 |
BASIC RENOVATIONS
The amount reappropriated for the foregoing appropriation item CAP-031, Basic Renovations, is the sum of the unencumbered and unallotted balance as of June 30, 2004, in appropriation items CAP-031, Basic Renovations, CAP-058, ADA Modifications, CAP-070, Interior/Exterior Signage Program, CAP-078, Humanities Building Renovations - Metro, CAP-080, UTC Curtainwall Modifications, CAP-081, Interior Courtyards Renovations, CAP-082, Carpet Replacement - Western, CAP-085, Expansion Joint Construction, CAP-086, Carpet Replacement - Western, plus $15,884.
TECHNOLOGY LEARNING CENTER
The amount reappropriated for the foregoing appropriation item CAP-064, Technology Learning Center - Western, is the sum of the unencumbered and unallotted balance as of June 30, 2004, in appropriation item CAP-064, Technology Learning Center - Western, minus $1,693,253.
BUILDING A EXPANSION MODULE - WESTERN
The amount reappropriated for the foregoing appropriation item CAP-090, Building A Expansion Module - Western, is the sum of the unencumbered and unallotted balance as of June 30, 2004, in appropriation items CAP-066, Renovate/Create New Classrooms - West, CAP-090, Building A Expansion Module - Western, plus $1,677,369.
SECTION 26.30. ESC EDISON STATE COMMUNITY COLLEGE
CAP-006 | Basic Renovations | $ | 427,272 | ||
CAP-011 | Roadway Construction | $ | 16,696 | ||
CAP-014 | Student Activities Area | $ | 13,398 | ||
CAP-018 | Master Plan Update | $ | 1,220 | ||
CAP-021 | Student Services | $ | 12,358 | ||
Total Edison State Community College | $ | 470,944 |
SECTION 26.31. JTC JEFFERSON COMMUNITY COLLEGE
CAP-022 | Basic Renovations | $ | 630,584 | ||
CAP-031 | Law Enforcement/Engineering Lab Renovations | $ | 56,172 | ||
CAP-033 | ADA Modifications | $ | 19,598 | ||
CAP-037 | Electrical System Evaluation/Renovation | $ | 382,820 | ||
CAP-038 | Library Interior Renovation | $ | 259,020 | ||
CAP-039 | Lecture Hall Interior Renovation | $ | 175,325 | ||
CAP-041 | Campus Master Plan | $ | 189,442 | ||
Total Jefferson Community College | $ | 1,712,961 |
SECTION 26.32. LCC LAKELAND COMMUNITY COLLEGE
CAP-006 | Basic Renovations | $ | 1,736,909 | ||
CAP-034 | Child Care Facility | $ | 1,197 | ||
CAP-036 | Noncredit Job Training | $ | 850,000 | ||
CAP-037 | Building East End Project | $ | 985,000 | ||
CAP-038 | HVAC Upgrades/Rehabilitation | $ | 1,000,000 | ||
CAP-039 | Main Gym Floor Renovation | $ | 150,000 | ||
CAP-040 | Roadway and Drainage Improvements | $ | 534,730 | ||
CAP-043 | Mooreland Educational Center Rehabilitation | $ | 84,400 | ||
Total Lakeland Community College | $ | 5,342,236 |
SECTION 26.33. LOR LORAIN COMMUNITY COLLEGE
CAP-005 | Basic Renovations | $ | 858,437 | ||
CAP-041 | Student Services | $ | 388,000 | ||
CAP-042 | Virtual Lab Courses | $ | 224,730 | ||
Total Lorain Community College | $ | 1,471,167 |
SECTION 26.34. NTC NORTHWEST STATE COMMUNITY COLLEGE
CAP-003 | Basic Renovations | $ | 269,232 | ||
CAP-010 | Instructional and Data Processing Equipment | $ | 118,215 | ||
CAP-013 | Classroom & Engineering Build | $ | 9,917 | ||
CAP-021 | Services Facility | $ | 200,000 | ||
Total Northwest State Community College | $ | 597,364 |
SECTION 26.35. OTC OWENS COMMUNITY COLLEGE
CAP-019 | Basic Renovations | $ | 1,621,573 | ||
CAP-034 | Center for Fine and Performing Arts - Construction | $ | 11,419 | ||
CAP-036 | Child Care Facility | $ | 250,600 | ||
CAP-037 | Education Center | $ | 9,546,360 | ||
CAP-038 | Fire and Police Training Center | $ | 1,145,610 | ||
Total Owens Community College | $ | 12,575,562 |
SECTION 26.36. RGC RIO GRANDE COMMUNITY COLLEGE
CAP-005 | Basic Renovations | $ | 638,954 | ||
CAP-012 | Instructional and Data Processing Equipment | $ | 84,061 | ||
CAP-013 | College of Business | $ | 7,392 | ||
CAP-015 | ADA Modifications | $ | 75,446 | ||
CAP-022 | Child Care Facility | $ | 35,000 | ||
Total Rio Grande Community College | $ | 840,853 |
SECTION 26.37. SCC SINCLAIR COMMUNITY COLLEGE
CAP-007 | Basic Renovations | $ | 2,295,992 | ||
CAP-034 | Advanced Educational Applications Center Phase I | $ | 40,000 | ||
CAP-036 | Advanced Integrated Manufacturing Center | $ | 188,286 | ||
CAP-042 | Autolab/Fire Science Facility | $ | 45,000 | ||
CAP-055 | Distance Learning | $ | 54,463 | ||
CAP-056 | Information Literacy | $ | 334,053 | ||
Total Sinclair Community College | $ | 2,957,794 |
SECTION 26.38. SOC SOUTHERN STATE COMMUNITY COLLEGE
CAP-010 | Basic Renovations | $ | 384,421 | ||
CAP-022 | Clinton County Facility | $ | 180 | ||
CAP-024 | Noncredit Job Training | $ | 228,055 | ||
CAP-025 | Multi-Purpose Facility | $ | 749,525 | ||
Total Southern State Community College | $ | 1,362,181 |
SECTION 26.39. TTC TERRA STATE COMMUNITY COLLEGE
CAP-009 | Basic Renovations | $ | 327,766 | ||
CAP-015 | Child Care Facility | $ | 166,148 | ||
CAP-018 | Nursing Online | $ | 1,677 | ||
Total Terra State Community College | $ | 495,591 |
SECTION 26.40. WTC WASHINGTON STATE COMMUNITY COLLEGE
CAP-009 | Instructional and Data Processing Equipment | $ | 115,254 | ||
CAP-012 | ADA Modifications | $ | 14,575 | ||
CAP-013 | Child Care Facility | $ | 5,860 | ||
CAP-016 | Noncredit Job Training | $ | 14,859 | ||
Total Washington State Community College | $ | 150,548 |
SECTION 26.41. BTC BELMONT TECHNICAL COLLEGE
CAP-008 | Basic Renovations | $ | 698,854 | ||
CAP-014 | Main Building Renovation - Phase 3 | $ | 49,137 | ||
CAP-019 | ADA Modifications | $ | 49,915 | ||
Total Belmont Technical College | $ | 797,906 |
SECTION 26.42. COT CENTRAL OHIO TECHNICAL COLLEGE
CAP-003 | Basic Renovations | $ | 154,332 | ||
Total Central Ohio Technical College | $ | 154,332 |
SECTION 26.43. HTC HOCKING TECHNICAL COLLEGE
CAP-019 | Basic Renovations | $ | 572,765 | ||
CAP-024 | Building Addition | $ | 5,270 | ||
CAP-027 | Instructional and Data Processing Equipment | $ | 370,526 | ||
CAP-028 | College Hall Rehabilitation | $ | 3,769 | ||
CAP-032 | Public Safety Service | $ | 57,060 | ||
CAP-033 | Light and Oakley Halls | $ | 40,855 | ||
CAP-035 | Child Care Facility | $ | 9,406 | ||
Total Hocking Technical College | $ | 1,059,651 |
SECTION 26.44. LTC LIMA TECHNICAL COLLEGE
CAP-004 | Basic Renovations | $ | 861,383 | ||
CAP-006 | Building Renovations | $ | 5,000 | ||
CAP-007 | Training and Education Facility | $ | 79,934 | ||
CAP-008 | Instructional and Data Processing Equipment | $ | 156,394 | ||
CAP-009 | Life and Physical Sciences | $ | 10,133 | ||
CAP-014 | Distance Education | $ | 222,115 | ||
CAP-015 | Information Technology Building | $ | 3,767,610 | ||
Total Lima Technical College | $ | 5,102,569 |
SECTION 26.45. MAT MUSKINGUM AREA TECHNICAL COLLEGE
CAP-007 | Basic Renovations | $ | 244,465 | ||
CAP-017 | Basic Capacity Grant | $ | 1,410 | ||
CAP-021 | Lighting/HVAC Replacement | $ | 843,606 | ||
Total Muskingum Area Technical College | $ | 1,089,481 |
SECTION 26.46. MTC MARION TECHNICAL COLLEGE
CAP-006 | Instructional and Data Processing Equipment | $ | 84,323 | ||
CAP-012 | Technical Education Center | $ | 205,044 | ||
Total Marion Technical College | $ | 289,367 |
SECTION 26.47. NCC NORTH CENTRAL TECHNICAL COLLEGE
CAP-003 | Basic Renovations | $ | 360,533 | ||
CAP-009 | ADA Modifications | $ | 25,000 | ||
CAP-013 | Engineering Center Renovation | $ | 2,372 | ||
CAP-018 | Fallerius Center Rehabilitation | $ | 39,674 | ||
Total North Central Technical College | $ | 427,579 |
SECTION 26.48. STC STARK TECHNICAL COLLEGE
CAP-004 | Basic Renovations | $ | 537,874 | ||
CAP-015 | Loop Road Property Acquisition/Development | $ | 629 | ||
CAP-024 | Phase 2 Renovations | $ | 252 | ||
CAP-027 | Information Technology Learning Center | $ | 10,000 | ||
CAP-030 | Northside Development Parking Lot - Phase II | $ | 77,423 | ||
CAP-031 | Student Services | $ | 31,087 | ||
CAP-032 | Automotive Technology Building Addition | $ | 1,719,554 | ||
Total Stark Technical College | $ | 2,376,819 | |||
TOTAL HIGHER EDUCATION IMPROVEMENT FUND | $ | 576,230,916 |
SECTION 26.49. 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 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 26.50. 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 151.04 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 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 26.51. 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 151.04 of the Revised Code, original obligations in an aggregate principal amount not to exceed $2,000,000, 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 sections 151.01 and 151.04 of the Revised Code for state-supported and state-assisted institutions of higher education.
SECTION 26.52. 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 Board of Regents and released by the Director of Budget and Management or the Controlling Board. Either the institution concerned, or the 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 26.53. (A) No capital improvement appropriations made in Sections 26.02 to 26.56, 34, 34.01, 34.02, and 34.03 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 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 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, approved by the Board of Regents, 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 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 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;
(4) To be located on or adjacent to the branch campus of the university.
(C) 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 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;
(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 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 Board of Regents, may transfer amounts appropriated to the Board of Regents to accounts of state-supported or state-assisted institutions created for that same purpose.
SECTION 26.54. The requirements of Chapters 123. and 153. of the Revised Code, with respect to the powers and duties of the Director of Administrative Services in the procedure for and award of contracts for capital improvement projects, and the requirements of section 127.16 of the Revised Code, with respect to the Controlling Board, do not apply to projects of community college districts and technical college districts.
SECTION 26.55. 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 may not exceed seven per cent of the estimated construction cost.
SECTION 26.56. The Board of Regents shall adopt rules regarding the release of moneys from all the foregoing appropriations for capital facilities for all state-supported and state-assisted institutions of higher education.
SECTION 27. 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:
CAP-005 | Cowan Lake State Park | $ | 23,445 | ||
CAP-008 | Delaware State Park | $ | 56,223 | ||
CAP-011 | Findley State Park | $ | 22,856 | ||
CAP-012 | Land Acquisition | $ | 6,800,000 | ||
CAP-016 | Hueston Woods State Park | $ | 23,258 | ||
CAP-017 | Indian Lake State Park | $ | 130,288 | ||
CAP-019 | Lake Hope State Park | $ | 6,776 | ||
CAP-025 | Punderson State Park | $ | 1,163 | ||
CAP-029 | Salt Fork State Park | $ | 127,555 | ||
CAP-032 | West Branch State Park | $ | 200,895 | ||
CAP-045 | Mary J. Thurston State Park Marina/Dock | $ | 300,000 | ||
CAP-051 | Buck Creek State Park | $ | 250 | ||
CAP-064 | Geneva State Park | $ | 4,182 | ||
CAP-069 | Hocking Hills State Park | $ | 87,756 | ||
CAP-070 | Lake Logan State Park | $ | 600 | ||
CAP-093 | Portage Lakes State Park | $ | 13,373 | ||
CAP-113 | East Harbor State Park Shoreline Stabilization | $ | 850,000 | ||
CAP-119 | Forked Run State Park | $ | 27,747 | ||
CAP-162 | Shawnee State Park | $ | 760 | ||
CAP-205 | Deer Creek State Park | $ | 19,051 | ||
CAP-234 | State Parks Campgrounds, Lodges, and Cabins | $ | 5,494,293 | ||
CAP-331 | Park Boating Facilities | $ | 2,688,216 | ||
CAP-390 | State Park Maintenance Facility Development | $ | 1,656,339 | ||
CAP-701 | Buckeye Lake Dam Rehabilitation | $ | 427,756 | ||
CAP-702 | Upgrade Underground Storage Tanks | $ | 234,134 | ||
CAP-703 | Cap Abandoned Water Wells | $ | 78,000 | ||
CAP-718 | Grand Lake St. Mary's State Park | $ | 251,882 | ||
CAP-719 | Indian Lake State Park | $ | 1,000 | ||
CAP-727 | Riverfront Improvements | $ | 1,275,000 | ||
CAP-744 | Multi-Agency Radio Communication Equipment | $ | 425,000 | ||
CAP-748 | Local Parks Projects | $ | 3,269,000 | ||
CAP-821 | State Park Dredging and Shoreline Protection | $ | 14,000 | ||
CAP-827 | Cuyahoga Valley Scenic Railroad | $ | 1,000,000 | ||
CAP-836 | State Parks Renovation/Upgrading | $ | 350 | ||
CAP-876 | Statewide Trails Program | $ | 1,168,398 | ||
CAP-927 | Mohican State Park | $ | 96,816 | ||
CAP-928 | Handicapped Accessibility | $ | 472,555 | ||
CAP-929 | Hazardous Waste/Asbestos Abatement | $ | 49,383 | ||
CAP-931 | Wastewater/Water Systems Upgrade | $ | 2,804,375 | ||
Total Department of Natural Resources | $ | 30,102,675 | |||
TOTAL Parks and Recreation Improvement Fund | $ | 30,102,675 |
SECTION 27.01. RIVERFRONT IMPROVEMENTS
Of the foregoing reappropriation 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.
LOCAL PARKS PROJECTS
The following projects shall be funded from the foregoing reappropriation item CAP-748, Local Parks Projects: $12,500 for Big Prairie/Lakeville Park Improvements; $6,500 for Crossroads Park Improvements; $1,500,000 for the Cleveland Lakefront Park Improvements; $500,000 for Colerain Township Park Improvements; $50,000 for Smith Field Park Improvements; $50,000 for St. Clairsville Park Improvements; $50,000 for Mt. Orab Park Improvements; $50,000 for Liberty Township Playground; $100,000 for Gallipolis City Park; $20,000 for Junction City Park Improvements; $200,000 for the Goll Woods Nature Preserve; $15,000 for Ryan Park Improvements; and $15,000 for Circleville Park Improvements.
STATEWIDE TRAILS PROGRAM
Of the foregoing reappropriation item CAP-876, Statewide Trails Program, $30,000 shall be used for Fairfield Heritage Trails and $100,000 shall be used for the Upper Sandusky Bike Path.
FEDERAL REIMBURSEMENT
All reimbursements received from the federal government for any expenditures made pursuant to Sections 28 and 28.01 of this act shall be deposited in the state treasury to the credit of the Parks and Recreation Improvement Fund.
SECTION 27.02. (A) No capital improvement appropriations made in Section 25 of this act shall be released for planning or for improvement, renovation, 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 will be part of facilities owned by a separate nonprofit organization and made available to the governmental agency for its use, 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 applicable 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 28. All items set forth in this section are hereby appropriated out of any moneys in the state treasury to the credit of the State Capital Improvements Fund (Fund 038) that are not otherwise appropriated:
CAP-150 | Local Public Infrastructure | $ | 6,012,256 | ||
CIF-000 | Ohio Small Government Capital Improvement | $ | 28,663,238 | ||
CIF-001 | Infrastructure - District 1 | $ | 38,838,365 | ||
CIF-002 | Infrastructure - District 2 | $ | 15,959,512 | ||
CIF-003 | Infrastructure - District 3 | $ | 25,971,425 | ||
CIF-004 | Infrastructure - District 4 | $ | 10,770,680 | ||
CIF-005 | Infrastructure - District 5 | $ | 9,844,776 | ||
CIF-006 | Infrastructure - District 6 | $ | 10,014,525 | ||
CIF-007 | Infrastructure - District 7 | $ | 11,202,068 | ||
CIF-008 | Infrastructure - District 8 | $ | 16,715,668 | ||
CIF-009 | Infrastructure - District 9 | $ | 7,843,466 | ||
CIF-010 | Infrastructure - District 10 | $ | 17,810,902 | ||
CIF-011 | Infrastructure - District 11 | $ | 13,088,231 | ||
CIF-012 | Infrastructure - District 12 | $ | 11,302,331 | ||
CIF-013 | Infrastructure - District 13 | $ | 7,319,679 | ||
CIF-014 | Infrastructure - District 14 | $ | 7,650,077 | ||
CIF-015 | Infrastructure - District 15 | $ | 8,599,690 | ||
CIF-016 | Infrastructure - District 16 | $ | 12,055,292 | ||
CIF-017 | Infrastructure - District 17 | $ | 7,821,687 | ||
CIF-018 | Infrastructure - District 18 | $ | 7,187,679 | ||
CIF-019 | Infrastructure - District 19 | $ | 10,134,118 | ||
CIF-020 | Infrastructure - District 20 | $ | 5,332,876 | ||
CIF-021 | Infrastructure - District 21 | $ | 388,034 | ||
Total Public Works Commission | $ | 290,546,575 | |||
TOTAL State Capital Improvement Fund | $ | 290,546,575 |
The appropriations in this section shall be used in accordance with sections 164.01 to 164.12 of the Revised Code. All expenditures made from these appropriations shall be approved by the Director of the Public Works Commission. The Director of the Public Works Commission shall not allocate funds in amounts greater than those amounts appropriated by the General Assembly.
SECTION 29. All items set forth in this section are hereby appropriated out of any moneys in the state treasury to the credit of the State Capital Improvements Revolving Loan Fund (Fund 040) and derived from repayments of loans made to local subdivisions for capital improvements, investment earnings on moneys in the fund, and moneys obtained from federal or private grants or from other sources for the purpose of making loans for the purpose of financing or assisting in the financing of the cost of capital improvement projects of local subdivisions:
CAP-151 | Revolving Loan | $ | 7,995,595 | ||
RLF-001 | Revolving Loan Fund-District 1 | $ | 6,925,816 | ||
RLF-002 | Revolving Loan Fund-District 2 | $ | 5,365,318 | ||
RLF-003 | Revolving Loan Fund-District 3 | $ | 5,352,452 | ||
RLF-004 | Revolving Loan Fund-District 4 | $ | 3,032,167 | ||
RLF-005 | Revolving Loan Fund-District 5 | $ | 1,973,026 | ||
RLF-006 | Revolving Loan Fund-District 6 | $ | 1,743,529 | ||
RLF-007 | Revolving Loan Fund-District 7 | $ | 3,277,638 | ||
RLF-008 | Revolving Loan Fund-District 8 | $ | 1,971,732 | ||
RLF-009 | Revolving Loan Fund-District 9 | $ | 1,868,591 | ||
RLF-010 | Revolving Loan Fund-District 10 | $ | 3,875,201 | ||
RLF-011 | Revolving Loan Fund-District 11 | $ | 1,908,555 | ||
RLF-012 | Revolving Loan Fund-District 12 | $ | 5,337,940 | ||
RLF-013 | Revolving Loan Fund-District 13 | $ | 1,169,315 | ||
RLF-014 | Revolving Loan Fund-District 14 | $ | 1,380,861 | ||
RLF-015 | Revolving Loan Fund-District 15 | $ | 948,611 | ||
RLF-016 | Revolving Loan Fund-District 16 | $ | 1,753,105 | ||
RLF-017 | Revolving Loan Fund-District 17 | $ | 1,834,153 | ||
RLF-018 | Revolving Loan Fund-District 18 | $ | 2,071,737 | ||
RLF-019 | Revolving Loan Fund-District 19 | $ | 1,158,219 | ||
RLF-020 | Revolving Loan Fund-District 20 | $ | 1,402,306 | ||
RLF-021 | Revolving Loan Fund-District 21 | $ | 307,232 | ||
Total Public Works Commission | $ | 62,653,099 | |||
TOTAL State Capital Improvements Revolving Loan Fund | 62,653,099 |
The appropriations in this section shall be used in accordance with sections 164.01 to 164.12 of the Revised Code. All expenditures made from these appropriations shall be approved by the Director of the Public Works Commission. The Director of the Public Works Commission shall not allocate funds in amounts greater than those amounts appropriated by the General Assembly.
SECTION 30. 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:
COF-001 | Clean Ohio-District 1 | $ | 6,763,703 | ||
COF-002 | Clean Ohio-District 2 | $ | 2,936,190 | ||
COF-003 | Clean Ohio-District 3 | $ | 3,668,434 | ||
COF-004 | Clean Ohio-District 4 | $ | 2,011,171 | ||
COF-005 | Clean Ohio-District 5 | $ | 1,383,772 | ||
COF-006 | Clean Ohio-District 6 | $ | 1,171,944 | ||
COF-007 | Clean Ohio-District 7 | $ | 1,377,683 | ||
COF-008 | Clean Ohio-District 8 | $ | 2,508,162 | ||
COF-009 | Clean Ohio-District 9 | $ | 381,213 | ||
COF-010 | Clean Ohio-District 10 | $ | 3,009,510 | ||
COF-011 | Clean Ohio-District 11 | $ | 3,493,667 | ||
COF-012 | Clean Ohio-District 12 | $ | 1,561,788 | ||
COF-013 | Clean Ohio-District 13 | $ | 2,399,270 | ||
COF-014 | Clean Ohio-District 14 | $ | 3,179,867 | ||
COF-015 | Clean Ohio-District 15 | $ | 942,242 | ||
COF-016 | Clean Ohio-District 16 | $ | 3,545,729 | ||
COF-017 | Clean Ohio-District 17 | $ | 2,631,843 | ||
COF-018 | Clean Ohio-District 18 | $ | 2,403,861 | ||
COF-019 | Clean Ohio-District 19 | $ | 1,161,016 | ||
Total Public Works Commission | $ | 46,531,065 | |||
TOTAL Clean Ohio Conservation Fund | $ | 46,531,065 |
SECTION 31. 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:
CAP-047 | Clean Ohio Agricultural Easement | $ | 6,256,886 | ||
Total Department of Agriculture | $ | 6,256,886 | |||
TOTAL Clean Ohio Agricultural Easement Fund | $ | 6,256,886 |
AGRICULTURAL EASEMENT PURCHASE
The foregoing appropriation item CAP-047, Clean Ohio Agricultural Easement, shall be used in accordance with sections 901.21, 901.22, and 5301.67 to 5301.70 of the Revised Code.
SECTION 32. 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:
CAP-014 | Clean Trail Ohio | $ | 6,250,000 | ||
Total Department of Natural Resources | $ | 6,250,000 | |||
TOTAL Clean Ohio Trail Fund | $ | 6,250,000 |
SECTION 33. 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:
CAP-770 | School Facilities Program Assistance | $ | 522,600,000 | ||
Total School Facilities Commission | $ | 522,600,000 | |||
TOTAL School Building Program Assistance Fund | $ | 522,600,000 |
SECTION 33.01. 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. of the Revised Code and particularly sections 151.01 and 151.03 of the Revised Code, original obligations in an aggregate principal amount not to exceed $522,000,000, 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 34. All items set forth in this section 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. The appropriations made in this act are in addition to any other capital appropriations made for the 2005-2006 biennium.
Higher Education Improvement Fund
CAP-068 | Third Frontier Project | $ | 50,000,000 | ||||||
Total Board of Regents | $ | 50,000,000 | |||||||
TOTAL Higher Education Improvement Fund | $ | 50,000,000 |
SECTION 34.01. 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 the 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, 2004, and ending June 30, 2006.
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 the 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 34.02. 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 151.04 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. 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 34.03. The foregoing appropriation item CAP-068, Third Frontier Project, is subject to Sections 26.49, 26.52, 26.53, 26.54, 26.55, and 26.56 of this act.
SECTION 35. All items set forth in this section are hereby appropriated out of any moneys in the state treasury to the credit of the State Capital Improvements Fund (Fund 038) that are not otherwise appropriated:
CAP-150 | Local Public Infrastructure | $ | 120,000,000 | ||
Total Public Works Commission | $ | 120,000,000 | |||
TOTAL State Capital Improvements Fund | $ | 120,000,000 |
The foregoing appropriation item CAP-150, Local Public Infrastructure, shall be used in accordance with sections 164.01 to 164.12 of the Revised Code. The Director of the Public Works Commission may certify to the Director of Budget and Management that a need exists to appropriate investment earnings to be used in accordance with sections 164.01 to 164.12 of the Revised Code. If the Director of Budget and Management determines pursuant to division (D) of section 164.08 and section 164.12 of the Revised Code that investment earnings are available to support additional appropriations, such amounts are hereby appropriated.
SECTION 36. The Treasurer of State is hereby authorized pursuant to section 164.09 of the Revised Code to issue and sell, in accordance with Section 2m of Article VIII, Ohio Constitution, and sections 164.01 to 164.12 of the Revised Code, original obligations of the state, in an aggregate principal amount not to exceed $120,000,000, in addition to the original obligations heretofore authorized by prior acts of the General Assembly. These authorized obligations shall be issued and sold from time to time and in amounts necessary to ensure sufficient moneys to the credit of the State Capital Improvements Fund (Fund 038) to pay costs charged to that fund, as estimated by the Director of Budget and Management.
SECTION 37. All items set forth in this section are hereby appropriated out of any moneys in the state treasury to the credit of the State Capital Improvements Revolving Loan Fund (Fund 040). Revenues to the State Capital Improvements Revolving Loan Fund shall consist of all repayments of loans made to local subdivisions for capital improvements, investment earnings on moneys in the fund, and moneys obtained from federal or private grants or from other sources for the purpose of making loans for the purpose of financing or assisting in the financing of the cost of capital improvement projects of local subdivisions.
CAP-151 | Revolving Loan | $ | 16,750,000 | ||
Total Public Works Commission | $ | 16,750,000 | |||
TOTAL State Capital Improvements Revolving | |||||
Loan Fund | $ | 16,750,000 |
The foregoing appropriation item CAP-151, Revolving Loan, shall be used in accordance with sections 164.01 to 164.12 of the Revised Code.
SECTION 38. CERTIFICATION OF AVAILABILITY OF MONEYS
No moneys that require release shall 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 made by the Office of Budget and Management 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 as granted in section 126.07 of the Revised Code.
SECTION 39. LIMITATION ON USE OF 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, complete heating, lighting, and lighting fixtures, and all necessary utilities, 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 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 about $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 project for which moneys are appropriated. This paragraph does not apply to appropriation items for equipment.
SECTION 40. 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 another capital facilities project or projects.
SECTION 41. 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, Jobs 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 when the estimated cost, 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 respective 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 42. SATISFACTION OF JUDGMENTS AND SETTLEMENTS AGAINST THE STATE
Except as otherwise provided in this section, an appropriation contained 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 shall 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 bonds were issued. 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, nor is it intended to waive or compromise any defense or right available to the state in any suit against it.
SECTION 43. 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), the Education Facilities Trust Fund (Fund N87), 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) to the Public Works Commission, and appropriations from 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 44. Except as provided in section 4115.04 of the Revised Code, no moneys appropriated or reappropriated by the 125th 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 45. CAPITAL FACILITIES LEASES
Capital facilities for which appropriations are made from the 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 Department of Youth Services, the Arts and Sports Facilities Commission, the Department of Administrative Services, and the Department of Rehabilitation and Correction, and other agreements may be made by the Ohio Building Authority and the departments with respect to the use or purchase of such capital facilities, or 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 the use or purchase thereof with, any governmental agency or nonprofit corporation having authority under law to own, lease, or operate such capital facilities. The director of the department or the commission may sublease such capital facilities to, and make other agreements with respect to the use or purchase thereof 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 46. AUTHORIZATION OF THE DIRECTOR OF BUDGET AND MANAGEMENT
The Director of Budget and Management shall authorize both of the following:
(A) The initial release of moneys for projects from the funds into which proceeds of direct obligations of the state are deposited.
(B) The expenditure or encumbrance of moneys from funds into which proceeds of direct obligations are deposited, only after determining to the director's satisfaction that either of the following apply:
(1) 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.
(2) 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 47. OHIO ADMINISTRATIVE KNOWLEDGE SYSTEM PROJECT
The Ohio Administrative Knowledge System (OAKS) shall be an enterprise resource planning system that replaces the state's central services infrastructure systems, including, but not limited to, 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, including any fractionalized interest therein as defined in division (N) of section 133.01 of the Revised Code, shall provide at the end of the lease periods that OAKS becomes the property of the state.
SECTION 48. 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 49. REAPPROPRIATION OF UNEXPENDED ENCUMBERED BALANCES OF CAPITAL APPROPRIATIONS
(A) An unexpended balance of a capital appropriation or reappropriation that a state agency has lawfully encumbered prior to the close of a capital biennium is hereby reappropriated for the following capital biennium from the fund from which it was originally appropriated or was reappropriated and shall be used only for the purpose of discharging the encumbrance in the following capital biennium. For those encumbered appropriations or reappropriations, any Controlling Board approval previously granted and referenced by the encumbering document remains in effect until the encumbrance is discharged in the following capital biennium or until the encumbrance expires at the end of the following capital biennium.
(B) At the end of the reappropriation period provided for by division (A) of this section, an unexpended balance of a capital appropriation or reappropriation that remains encumbered at the end of that period is hereby reappropriated for the next capital biennium from the fund from which it was originally appropriated or was reappropriated and shall be used only for the purpose of discharging the encumbrance in the next capital biennium. For those encumbered appropriations or reappropriations, any Controlling Board approval previously granted and referenced by the encumbering document remains in effect until the encumbrance is discharged in the next capital biennium or until the encumbrance expires at the end of the next capital biennium.
(C) At the end of the reappropriation period provided for by division (B) of this section, a reappropriation made pursuant to division (B) of this section shall lapse, and the encumbrance shall expire.
(D) If an encumbrance expired pursuant to division (C) of this section, the Director of Budget and Management may re-establish the encumbrance as provided in this division. If a reappropriation for a project is made by the General Assembly for the biennium immediately following the biennium in which an encumbrance for that project expired, the Director of Budget and Management may re-establish the encumbrance in an amount not to exceed the amount of the expired encumbrance, in the name of the contractor named in the expired encumbrance, and for the same purpose specified in the expired encumbrance. The encumbrance shall be charged against the reappropriation for the project. The amount re-encumbered shall be used only for the purpose of discharging the encumbrance in the capital biennium for which the reappropriation was made. For those re-encumbered reappropriations, any Controlling Board approval previously granted and referenced by the expired encumbering document remains in effect until the encumbrance is discharged or expires at the end of the capital biennium for which the reappropriation was made. If any portion of the amount re-encumbered by the Director of Budget and Management under this division is not expended prior to the close of the capital biennium for which the reappropriation was made, that amount is hereby reappropriated for the following capital biennium as provided for in division (A) of this section and subject to the provisions of division (A) of this section.
SECTION 50. Capital reappropriations in this act that have been released by the Controlling Board or the Director of Budget and Management between June 30, 2002, and July 1, 2004, do not require further approval or release prior to being encumbered. Funds reappropriated in excess of such prior releases shall be released in accordance with applicable provisions of this act.
SECTION 51. Unless otherwise specified, the reappropriations made in this act represent the unencumbered and unallotted balances of prior years' capital improvements appropriations estimated to be available on June 30, 2004. The actual balances on June 30, 2004, for the appropriation items in this act are hereby reappropriated. Additionally, there is hereby reappropriated the unencumbered and unallotted balances on June 30, 2004, of any appropriation items either reappropriated in Am. Sub. H.B. 524 of the 124th General Assembly or appropriated in H.B. 675 of the 124th General Assembly, or created by the Controlling Board pursuant to section 127.15 of the Revised Code from appropriation items in Am. Sub. H.B. 524 and H.B. 675, both of the 124th General Assembly, and this act, if the Director of Budget and Management determines that such balances are needed to complete the projects for which they were reappropriated or appropriated. The appropriation items and amounts that are reappropriated by this act shall be reported to the Controlling Board within 30 days after the effective date of this section.
SECTION 52. 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 53. 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 any 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 Division of Public Works 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 54. OBLIGATIONS ISSUED UNDER CHAPTER 151. OF THE REVISED CODE
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 55. OBLIGATIONS ISSUED UNDER CHAPTER 152. OF THE REVISED CODE
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 are designated as capital facilities to which proceeds of obligations issued under Chapter 152. of the Revised Code are to be applied.
SECTION 56. OBLIGATIONS ISSUED UNDER CHAPTER 154. OF THE REVISED CODE
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.
SECTION 57. 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 58. Any proceeds received by the state as the result of litigation or a settlement agreement related to any liability for the planning, design, engineering, construction, or constructed management of such facilities operated by the Department of Administrative Services shall be deposited into the Administrative Building Fund (Fund 026).
SECTION 59. Sections 3 to 58 of this act shall remain in full force and effect commencing on July 1, 2004, and terminating on June 30, 2006, for the purpose of drawing money from the state treasury in payment of liabilities lawfully incurred hereunder, and on June 30, 2006, and not before, the moneys hereby appropriated shall lapse into the funds from which they are severally appropriated. If, under Section 1c of Article II, Ohio Constitution, Section 1c, Sections 3 to 58 of this act do not take effect until after July 1, 2004, Sections 3 to 58 of this act shall be and remain in full force and effect commencing on that later effective date.
SECTION 60. (A) As used in this section, "design-build construction method" means a construction method that has both of the following characteristics:
(1) An architecture firm and a contractor form a single entity that files a bid to construct a project and that, if awarded the contract to construct the project, agrees to a project price and completion date.
(2) The entity described in division (A)(1) of this section assumes all of the financial risk if the project is delayed or exceeds the project price, and receives bonuses if the cost it incurs is less than the project price and it meets the construction target dates.
(B) The Board of County Commissioners of Ashtabula County may construct, as a pilot project, a lodge and conference center at Geneva State Park on land leased from the Department of Natural Resources.
SECTION 61. That Section 11.04 of Am. Sub. H.B. 87 of the 125th General Assembly, as amended by Am. Sub. H.B. 95 of the 125th General Assembly, be amended to read as follows:
Sec. 11.04. PUBLIC ACCESS ROADS FOR STATE FACILITIES
Of the foregoing appropriation item 772-421, Highway Construction - State, $3,145,500 is to be used each fiscal year during the 2003-2005 biennium by the Department of Transportation for the construction, reconstruction, or maintenance of public access roads, including support features, to and within state facilities owned or operated by the Department of Natural Resources, as requested by the Director of Natural Resources.
Notwithstanding section 5511.06 of the Revised Code, of the foregoing appropriation item 772-421, Highway Construction - State, $2,228,000 in each fiscal year of the 2003-2005 biennium shall be used by the Department of Transportation for the construction, reconstruction, or maintenance of park drives or park roads within the boundaries of metropolitan parks.
Included in the foregoing appropriation item 772-421, Highway Construction - State, the department may perform related road work on behalf of the Ohio Expositions Commission at the state fairgrounds, including reconstruction or maintenance of public access roads, including support features, to and within the facilities as requested by the commission and approved by the Director of Transportation.
LIQUIDATION OF UNFORESEEN LIABILITIES
Any appropriation made to the Department of Transportation, Highway Operating Fund, not otherwise restricted by law, is available to liquidate unforeseen liabilities arising from contractual agreements of prior years when the prior year encumbrance is insufficient.
GRADE CROSSING PROFILE AND SAFETY IMPROVEMENT PROGRAM
The Director of Budget and Management shall cancel any encumbrances or parts of encumbrances against appropriation item, 776-665, Railroad Crossing Safety Devices, and reestablish them against appropriation item 870-614, Grade Crossing Protection Devices-State, to be used by the Public Utilities Commission of Ohio (PUCO) for the Grade Crossing Profile and Safety Improvement Program, which is hereby created. The amounts of the reestablished encumbrances are hereby appropriated. A local matching grant of $25,000 or less may be awarded to political subdivisions to pay for profile improvements at crossings that meet all the following criteria: have a daily train count of at least ten trains, have a daily traffic count of at least 100 motor vehicles, are currently not equipped with automatic gates or lights, and are currently ranked in the bottom two-thirds of the hazard index as determined by the PUCO Accident Prediction Formula. In addition, grants up to $5,000 may be awarded to any political subdivision to fund non-profile improvement safety devices such as rumble strips, vegetation removal, and lighting, at crossings.
The PUCO and the Ohio Department of Transportation shall notify each county with jurisdiction over a crossing of the requirements of this section and that funding is available for rail crossing safety improvements through the Grade Crossing Profile and Safety Improvement Program.
The PUCO shall issue a report on or before June 30, 2005, describing the activities carried out by the PUCO to comply with this section. The report shall include the number and location of crossings that received safety improvements and the cost of each improvement to date.
All appropriations in Fund 4A3 remaining unencumbered on June 30, 2005, are hereby reappropriated for the same purpose in fiscal year 2006.
SECTION 62. That existing Section 11.04 of Am. Sub. H.B. 87 of the 125th General Assembly, as amended by Am. Sub. H.B. 95 of the 125th General Assembly, is hereby repealed.
SECTION 63. The amendment by this act of Section 11.04 of Am. Sub. H.B. 87 of the 125th General Assembly, and the items of which the amendment is composed, are not subject to the referendum. Therefore, under Ohio Constitution, Article II, Section 1d and section 1.471 of the Revised Code, the amendment, and the items of which it is composed, go into immediate effect when this act becomes law.
SECTION 64. That Sections 8.04, 12, 38.12, 41.06, 41.13, 55, 59, 59.29, 66, 89, 89.04, 89.05, 89.08, 89.11, and 145 of Am. Sub. H.B. 95 of the 125th General Assembly be amended to read as follows:
Sec. 8.04. CENTRAL SERVICE AGENCY FUND
The Director of Budget and Management may transfer up to $423,200 in fiscal year 2004 and up to $427,700 in fiscal year 2005 from the Occupational Licensing and Regulatory Fund (Fund 4K9) to the Central Service Agency Fund (Fund 115). The Director of Budget and Management may transfer up to $40,700 in fiscal year 2004 and up to $41,200 in fiscal year 2005 from the State Medical Board Operating Fund (Fund 5C6) to the Central Service Agency Fund (Fund 115). The Director of Budget and Management may transfer up to $1,210 in fiscal year 2004 and up to $1,340 in fiscal year 2005 from the Motor Vehicle Collision Repair Registration Fund (Fund 5H9) to the Central Service Agency Fund (Fund 115). The appropriation item 100-632, Central Service Agency, shall be used to purchase the necessary equipment, products, and services to maintain a local area network for the professional licensing boards, and to support their licensing applications in fiscal years 2004 and 2005. The amount of the cash transfer is appropriated to appropriation item 100-632, Central Service Agency.
Sec. 12. AGR DEPARTMENT OF AGRICULTURE
General Revenue Fund
GRF | 700-321 | Operating Expenses | $ | 2,737,665 | $ | 2,771,628 | |||
GRF | 700-401 | Animal Disease Control | $ | 4,121,815 | $ | 4,121,815 | |||
GRF | 700-402 | Amusement Ride Safety | $ | 278,767 | $ | 275,943 | |||
GRF | 700-403 | Dairy Division | $ | 1,494,597 | $ | 1,494,153 | |||
GRF | 700-404 | Ohio Proud | $ | 197,727 | $ | 197,229 | |||
GRF | 700-405 | Animal Damage Control | $ | 94,954 | $ | 94,954 | |||
GRF | 700-406 | Consumer Analytical Lab | $ | 819,281 | $ | 872,241 | |||
GRF | 700-407 | Food Safety | $ | 999,042 | $ | 999,042 | |||
GRF | 700-409 | Farmland Preservation | $ | 256,993 | $ | 256,993 | |||
GRF | 700-410 | Plant Industry | $ | 1,109,867 | $ | 1,107,677 | |||
GRF | 700-411 | International Trade and Market Development | $ | 621,049 | $ | 517,524 | |||
GRF | 700-412 | Weights and Measures | $ | 914,137 | $ | 909,120 | |||
GRF | 700-413 | Gypsy Moth Prevention | $ | 546,118 | $ | 576,299 | |||
GRF | 700-414 | Concentrated Animal Feeding Facilities Advisory Committee | $ | 16,521 | $ | 16,086 | |||
GRF | 700-415 | Poultry Inspection | $ | 270,645 | $ | 267,743 | |||
GRF | 700-418 | Livestock Regulation Program | $ | 1,306,911 | $ | 1,306,911 | |||
GRF | 700-424 | Livestock Testing and Inspections | $ | 123,347 | $ | 123,347 | |||
GRF | 700-499 | Meat Inspection Program - State Share | $ | 4,651,611 | $ | 4,696,889 | |||
GRF | 700-501 | County Agricultural Societies | $ | 381,091 | $ | 381,091 | |||
TOTAL GRF General Revenue Fund | $ | 20,942,138 | $ | 20,986,685 |
Federal Special Revenue Fund Group
3J4 | 700-607 | Indirect Cost | $ | 938,785 | $ | 949,877 | |||
3R2 | 700-614 | Federal Plant Industry | $ | 1,400,000 | $ | 1,425,000 | |||
326 | 700-618 | Meat Inspection Service - Federal Share | $ | 4,876,904 | $ | 4,951,291 | |||
336 | 700-617 | Ohio Farm Loan Revolving Fund | $ | 181,774 | $ | 181,774 | |||
382 | 700-601 | Cooperative Contracts | $ | $ | |||||
2,460,000 | 2,560,000 | ||||||||
TOTAL FED Federal Special Revenue | |||||||||
Fund Group | $ | $ | |||||||
9,857,463 | 10,067,942 |
State Special Revenue Fund Group
4C9 | 700-605 | Feed, Fertilizer, and Lime Inspection | $ | 986,765 | $ | 1,008,541 | |||
4D2 | 700-609 | Auction Education | $ | 30,476 | $ | 30,476 | |||
4E4 | 700-606 | Utility Radiological Safety | $ | 73,059 | $ | 73,059 | |||
4P7 | 700-610 | Food Safety Inspection | $ | 575,797 | $ | 582,711 | |||
4R0 | 700-636 | Ohio Proud Marketing | $ | 40,300 | $ | 38,300 | |||
4R2 | 700-637 | Dairy Inspection Fund | $ | 1,157,603 | $ | 1,184,183 | |||
4T6 | 700-611 | Poultry and Meat Inspection | $ | 46,162 | $ | 47,294 | |||
4T7 | 700-613 | International Trade and Market Development Rotary | $ | 41,238 | $ | 42,000 | |||
4V5 | 700-615 | Animal Industry Lab Fees | $ | 711,944 | $ | 711,944 | |||
494 | 700-612 | Agricultural Commodity Marketing Program | $ | 170,077 | $ | 170,220 | |||
496 | 700-626 | Ohio Grape Industries | $ | 1,071,099 | $ | 1,071,099 | |||
497 | 700-627 | Commodity Handlers Regulatory Program | $ | 664,118 | $ | 664,118 | |||
498 | 700-628 | Commodity Indemnity Fund | $ | 250,000 | $ | 250,000 | |||
5B8 | 700-629 | Auctioneers | $ | 291,672 | $ | 365,390 | |||
5H2 | 700-608 | Metrology Lab | $ | 105,879 | $ | 108,849 | |||
5L8 | 700-604 | Livestock Management Program | $ | 250,000 | $ | 250,000 | |||
578 | 700-620 | Ride Inspection Fees | $ | 497,000 | $ | 497,000 | |||
579 | 700-630 | Scale Certification | $ | 168,785 | $ | 171,677 | |||
652 | 700-634 | Laboratory Services | $ | 1,043,444 | $ | 1,074,447 | |||
669 | 700-635 | Pesticide Program | $ | 2,243,232 | $ | 2,243,232 | |||
TOTAL SSR State Special Revenue | |||||||||
Fund Group | $ | 10,418,650 | $ | 10,584,540 |
Clean Ohio Fund Group
057 | 700-632 | Clean Ohio Agricultural Easement | $ | 149,000 | $ | 149,000 | |||
TOTAL CLR Clean Ohio Fund Group | $ | 149,000 | $ | 149,000 |
Holding Account Redistribution Fund Group
TOTAL ALL BUDGET FUND GROUPS | $ | 41,367,251 | $ | 41,788,167 |
ANIMAL DAMAGE CONTROL
Of the foregoing appropriation item 700-405, Animal Damage Control, $50,000 shall be used in each fiscal year for coyote and black vulture indemnification.
INTERNATIONAL TRADE AND MARKET DEVELOPMENT
Of the foregoing appropriation item 700-411, International Trade and Market Development, $100,000 shall be used in fiscal year 2004 for the Ohio-Israel Agricultural Initiative.
FAMILY FARM LOAN PROGRAM
Notwithstanding Chapter 166. of the Revised Code, up to $1,500,000 in each fiscal year shall be transferred from moneys in the Facilities Establishment Fund (Fund 037) to the Family Farm Loan Fund (Fund 5H1) in the Department of Development. These moneys shall be used for loan guarantees. The transfer is subject to Controlling Board approval.
Financial assistance from the Family Farm Loan Fund (Fund 5H1) shall be repaid to Fund 5H1. This fund is established in accordance with sections 166.031, 901.80, 901.81, 901.82, and 901.83 of the Revised Code.
When the Family Farm Loan Fund (Fund 5H1) ceases to exist, all outstanding balances, all loan repayments, and any other outstanding obligations shall revert to the Facilities Establishment Fund (Fund 037).
CLEAN OHIO AGRICULTURAL EASEMENT
The foregoing appropriation item 700-632, Clean Ohio Agricultural Easement, shall be used by the Department of Agriculture in administering sections 901.21, 901.22, and 5301.67 to 5301.70 of the Revised Code.
FARM SERVICE ELECTRONIC FILING
As soon as possible on or after July 1, 2003, the Director of Budget and Management shall make a one-time cash transfer of $60,000 from Fund 382, Cooperative Contracts, to Fund XXX, Farm Service Electronic Filing Fund, in fiscal year 2004. The Farm Service Electronic Filing Fund shall be administered by the Department of Agriculture.
COOPERATIVE CONTRACTS
The Director of Budget and Management shall transfer the cash balance as of the effective date of this amendment from Fund 5Y7, Farm Service Agency Electronic Filing Fund, to Fund 382, Cooperative Contracts. Encumbrances from appropriation item 700-XXX, Farm Service Electronic Filing, shall be canceled and re-established in appropriation item 700-601, Cooperative Contracts. Those amounts are hereby appropriated. Fund 5Y7, Farm Service Agency Electronic Filing Fund, is hereby closed. The definition of Fund 382 is hereby expanded to include revenue from the United States Farm Service Agency. The use of the money is hereby expanded to include fees charged in advance by the Secretary of State for electronic filing related to Farm Service Agency agricultural loans.
Sec. 38.12. SHOVEL READY SITES
The foregoing appropriation item 195-516, Shovel Ready Sites, shall be used for the Shovel Ready Sites Program.
The Director of Development shall contract make grants for pilot projects with to three port authorities or development entities approved by the Director, two of which shall be from urban counties with populations of at least 200,000 but not more than 600,000 residents, and one of which shall be from a rural county. Fiscal year 2004 grant funds shall be advanced to the port authorities or development entities and shall be available for immediate use on the pilot projects. At any time after July 1, 2004, and upon documentation of expenditure of at least 90 per cent of the fiscal year 2004 funds, fiscal year 2005 funds shall be advanced and shall be available for immediate use on the pilot projects. The appropriation shall be used to leverage federal funds, local funds, or both, to provide as grants for the preparation of sites for immediate construction for, including the costs related to the acquisition of property, including options; site preparation, including brownfield cleanup activities; the construction of road, water, telecommunication, and utility infrastructure; and professional fees related to the pilot projects in the state. Professional fees shall not exceed 20 per cent of the grant amount. The port authorities or development entities shall enter into an agreement with the Director, in a format determined by the Director, governing the use of the funds.
Sec. 41.06. EDUCATION MANAGEMENT INFORMATION SYSTEM
The foregoing appropriation item 200-446, Education Management Information System, shall be used by the Department of Education to improve the Education Management Information System (EMIS).
Of the foregoing appropriation item 200-446, Education Management Information System, up to $1,295,857 in each fiscal year shall be distributed to designated data acquisition sites for costs relating to processing, storing, and transferring data for the effective operation of the EMIS. These costs may include, but are not limited to, personnel, hardware, software development, communications connectivity, professional development, and support services, and to provide services to participate in the State Education Technology Plan pursuant to section 3301.07 of the Revised Code.
Of the foregoing appropriation item 200-446, Education Management Information System, up to $8,055,189 in each fiscal year shall be distributed on a per-pupil basis to school districts, community schools established under Chapter 3314. of the Revised Code, education service centers, joint vocational school districts, and any other education entity that reports data through EMIS. From this funding, each school district or community school established under Chapter 3314. of the Revised Code with enrollment greater than 100 students and each vocational school district shall receive a minimum of $5,000 in each fiscal year. Each school district or community school established under Chapter 3314. of the Revised Code with enrollment between one and one hundred and each education service center and each county board of MR/DD that submits data through EMIS shall receive $3,000 in each fiscal year. This subsidy shall be used for costs relating to reporting, processing, storing, transferring, and exchanging data necessary to meet requirements of the Department of Education's data system.
Of the foregoing appropriation item 200-446, Education Management Information System, $782,500 in each fiscal year shall be used by the Department of Education, in consultation with an advisory group of school districts, community schools, and other education-related entities, for the development and implementation of a common core of Education Management Information System data definitions and data format standards. Once these definitions and standards have been developed, they shall be approved by the Education Data Advisory Council. Once the standards are approved by the Education Data Advisory Council, any software meeting the standards shall be designated as an approved vendor and may enter into contracts with local school districts, community schools, data acquisition centers, or other educational entities for the purpose of collecting and managing data required under Ohio's education management information system (EMIS) laws. On an annual basis, the Department of Education shall convene an advisory group of school districts, community schools, and other education-related entities to review the Education Management Information System data definitions and data format standards. The advisory group shall recommend changes and enhancements based upon surveys of its members, education agencies in other states, and current industry practices, to reflect best practices, align with federal initiatives, and meet the needs of school districts.
School districts and community schools shall implement a common and uniform set of data definitions and data format standards for Education Management Information System purposes by July 1, 2004. The Department of Education shall work with data acquisition sites and their member school districts and community schools to implement those uniform standards. School districts and community schools that do not adopt and implement the uniform data definitions and standards by July 1, 2004, as jointly determined by the Department of Education software development team and the advisory group shall have all EMIS funding withheld until they are in compliance.
GED TESTING/ADULT HIGH SCHOOL
The foregoing appropriation item 200-447, GED Testing/Adult High School, shall be used to provide General Educational Development (GED) testing at no cost to applicants, pursuant to rules adopted by the State Board of Education. The Department of Education shall reimburse school districts and community schools, created in accordance with Chapter 3314. of the Revised Code, for a portion of the costs incurred in providing summer instructional or intervention services to students who have not graduated due to their inability to pass one or more parts of the state's ninth grade proficiency test. School districts shall also provide such services to students who are residents of the district pursuant to section 3313.64 of the Revised Code, but who are enrolled in chartered, nonpublic schools. The services shall be provided in the public school, in nonpublic schools, in public centers, or in mobile units located on or off the nonpublic school premises. No school district shall provide summer instructional or intervention services to nonpublic school students as authorized by this section unless such services are available to students attending the public schools within the district. No school district shall provide services for use in religious courses, devotional exercises, religious training, or any other religious activity. Chartered, nonpublic schools shall pay for any unreimbursed costs incurred by school districts for providing summer instruction or intervention services to students enrolled in chartered, nonpublic schools. School districts may provide these services to students directly or contract with postsecondary or nonprofit community-based institutions in providing instruction. The appropriation also shall be used for state reimbursement to school districts for adult high school continuing education programs pursuant to section 3313.531 of the Revised Code or for costs associated with awarding adult high school diplomas under section 3313.611 of the Revised Code.
EDUCATOR PREPARATION
The foregoing appropriation item 200-448, Educator Preparation, shall be used by the Ohio Teacher Education and Licensure Advisory Commission to carry out the responsibilities of the 21-member Ohio Teacher Education and Licensure Advisory Commission. The advisory commission is charged by the State Board of Education with considering all matters related to educator preparation and licensure, including standards for educator preparation and licensure, approval of institutions and programs, and recommending decisions to the State Board of Education.
TITLE IV-A HEAD START AND TITLE IV-A HEAD START PLUS START UP
The foregoing appropriation item 200-449, Head Start/Head Start Plus Start Up, shall be used to provide start up grants for Title IV-A reimbursable funding for the provision of services to children eligible for Title IV-A services. In fiscal year 2004, these grants shall be provided to Title IV-A Head Start agencies. In fiscal year 2005, these grants shall be provided to Title IV-A Head Start agencies and Title IV-A Head Start Plus agencies. The amount of each grant shall be determined by the Department of Education. In fiscal year 2005, up to $100,000 may be used by the Department of Education to provide associated program support and technical assistance. Funds appropriated for this purpose shall be reimbursed to the General Revenue Fund when the Title IV-A Head Start or Title IV-A Head Start Plus programs cease or are no longer funded from Title IV-A. If one program ceases or is no longer funded with Title IV-A funds, the General Revenue Fund will be reimbursed for that program.
If a Title IV-A Head Start agency or Title IV-A Head Start Plus agency chooses not to participate in the program or if the Department or of Education suspends or terminates part or all of its funding, reimbursement owed to the grantee shall be held by the Department of Education up to the amount of the grant owed by the grantee. If insufficient reimbursement is available to recover the amount owed by the grantee, the grantee shall return the remaining balance within 60 days of the date of the decision not to participate, the suspension, or the termination. Funding recovered from such grantees shall be used by the Department of Education for supplying grants to new grantees for Title IV-A reimbursable funding for provision of services to children eligible for Title IV-A services. Any funding remaining when the Title IV-A Head Start and the Title IV-A Head Start Plus programs cease or are no longer funded with Title IV-A funds shall be returned to the General Revenue Fund.
The Title IV-A Head Start Plus agency that is receiving funds to operate a Head Start program in accordance with section 3301.35 of the Revised Code shall provide the program through contracts with child care providers licensed or certified in accordance with Chapter 5104. of the Revised Code. If a licensed or certified child care provider is not in operation or willing to participate and if eligible families are in need of full-day and full-year Head Start and child care services, the Title IV-A Head Start Plus agency may be the sole source provider.
TEACHING SUCCESS COMMISSION INITIATIVES
The foregoing appropriation item 200-452, Teaching Success Commission Initiatives, shall be used by the Department of Education to support initiatives recommended by the Governor's Commission on Teaching Success.
COMMUNITY SCHOOLS
Of the foregoing appropriation item 200-455, Community Schools, up to $1,308,661 in each fiscal year may be used by the Department of Education for additional services and responsibilities under section 3314.11 of the Revised Code.
Of the foregoing appropriation item 200-455, Community Schools, up to $250,000 in each fiscal year may be used by the Department of Education for developing and conducting training sessions for sponsors and prospective sponsors of community schools as prescribed in division (A)(1) of section 3314.015 of the Revised Code. In developing such training sessions, the Department shall collect and disseminate examples of best practices used by sponsors of independent charter schools in Ohio and other states.
The remaining appropriation may be used by the Department of Education to make grants of up to $50,000 to each proposing group with a preliminary agreement obtained under division (C)(2) of section 3314.02 of the Revised Code in order to defray planning and initial start-up costs. In the first year of operation of a community school, the Department of Education may make a grant of not more than $100,000 to the governing authority of the school to partially defray additional start-up costs. The amount of the grant shall be based on a thorough examination of the needs of the community school. The Department of Education shall not utilize moneys received under this section for any other purpose other than those specified under this section.
A community school awarded start-up grants from appropriation item 200-613, Public Charter Schools (Fund 3T4), shall not be eligible for grants under this section.
Sec. 41.13. SPECIAL EDUCATION ENHANCEMENTS
Of the foregoing appropriation item 200-540, Special Education Enhancements, up to $44,204,000 in fiscal year 2004 and up to $45,441,712 in fiscal year 2005 shall be used to fund special education and related services at county boards of mental retardation and developmental disabilities for eligible students under section 3317.20 of the Revised Code. Up to $2,452,125 shall be used in each fiscal year to fund special education classroom and related services units at institutions.
Of the foregoing appropriation item 200-540, Special Education Enhancements, up to $2,906,875 in each fiscal year shall be used for home instruction for children with disabilities; up to $1,462,500 in each fiscal year shall be used for parent mentoring programs; and up to $2,783,396 in each fiscal year may be used for school psychology interns.
Of the foregoing appropriation item 200-540, Special Education Enhancements, $3,406,090 in each fiscal year shall be used by the Department of Education to assist school districts in funding aides pursuant to paragraph (A)(3)(c)(i)(b) of rule 3301-51-04 of the Administrative Code.
Of the foregoing appropriation item 200-540, Special
Education Enhancements,
$78,384,498 in each fiscal year shall be
distributed by
the
Department of Education to
county boards of
mental retardation and
developmental
disabilities, educational
service centers, and
school districts for preschool
special
education units and
preschool supervisory units in accordance with
section 3317.161 of
the Revised Code. The department Department
may
reimburse county boards of
mental retardation and developmental
disabilities, educational
service centers, and school districts
for related
services as
defined in rule 3301-31-05 3301-51-11 of the
Administrative Code, for
preschool
occupational and physical
therapy services provided by a
physical
therapy assistant and
certified occupational therapy
assistant,
and for an instructional
assistant. To the greatest
extent possible, the
Department of
Education shall allocate these
units to school
districts and
educational service centers. The
Controlling
Board may approve
the transfer of unallocated funds
from
appropriation item 200-501,
Base Cost Funding, to
appropriation item 200-540, Special
Education Enhancements, to
fully fund existing units as
necessary
or to fully fund additional
units. The Controlling
Board may
approve the transfer of
unallocated funds from
appropriation item
200-540,
Special
Education Enhancements, to appropriation
item
200-501, Base Cost
Funding,
to fully fund the special education
weight cost funding.
The Department of Education shall require school districts, educational service centers, and county MR/DD boards serving preschool children with disabilities to document child progress using research-based indicators prescribed by the Department and report results annually. The reporting dates and methodology shall be determined by the Department.
Of the foregoing appropriation item 200-540, Special Education Enhancements, $315,000 in each fiscal year shall be expended to conduct a demonstration project involving language and literacy intervention teams supporting student acquisition of language and literacy skills. The demonstration project shall demonstrate improvement of language and literacy skills of at-risk learners under the instruction of certified speech pathologists and educators. Baseline data shall be collected and comparison data for fiscal year 2004 and fiscal year 2005 shall be collected and reported to the Governor, Ohio Reads OhioReads Council, Department of Education, and the General Assembly.
Of the foregoing appropriation item 200-540, Special Education Enhancements, up to $500,000 in each fiscal year shall be used for the Research-Based Reading Mentoring Program.
Of the foregoing appropriation item 200-540, Special Education Enhancements, $600,000 in each fiscal year shall be used to support the Bellefaire Jewish Children's Bureau.
Sec. 55. OHS OHIO HISTORICAL SOCIETY
General Revenue Fund
GRF | 360-403 | Adena - Worthington Home | $ | 200,000 | $ | 150,000 | |||
GRF | 360-501 | Operating Subsidy | $ | 3,389,973 | $ | 3,389,973 | |||
GRF | 360-502 | Site Operations | $ | 8,240,438 | $ | 8,240,438 | |||
GRF | 360-503 | Ohio Bicentennial Commission | $ | 1,847,239 | $ | 58,164 | |||
GRF | 360-504 | Ohio Preservation Office | $ | 289,733 | $ | 289,733 | |||
GRF | 360-505 | Afro-American Museum | $ | 778,231 | $ | 778,231 | |||
GRF | 360-506 | Hayes Presidential Center | $ | 524,981 | $ | 524,981 | |||
GRF | 360-508 | Historical Grants | $ | $ | |||||
TOTAL GRF General Revenue Fund | $ | $ | |||||||
TOTAL ALL BUDGET FUND GROUPS | $ | $ |
SUBSIDY APPROPRIATION
Upon approval by the Director of Budget and Management, the foregoing appropriation items shall be released to the Ohio Historical Society in quarterly amounts that in total do not exceed the annual appropriations. The funds and fiscal records of the society for fiscal years 2004 and 2005 shall be examined by independent certified public accountants approved by the Auditor of State, and a copy of the audited financial statements shall be filed with the Office of Budget and Management. The society shall prepare and submit to the Office of Budget and Management the following:
(A) An estimated operating budget for each fiscal year of the biennium. The operating budget shall be submitted at or near the beginning of each year.
(B) Financial reports, indicating actual receipts and expenditures for the fiscal year to date. These reports shall be filed at least semiannually during the fiscal biennium.
The foregoing appropriations shall be considered to be the contractual consideration provided by the state to support the state's offer to contract with the Ohio Historical Society under section 149.30 of the Revised Code. If the Ohio Historical Society accepts this contractual offer, the society may not, during fiscal year 2004 or 2005, close any of the sites operated by the society as of the effective date of this section.
Not later than May 15, 2004, the Ohio Historical Society shall submit to the Controlling Board a plan for the implementation of the recommendations of the Select Committee to Study the Effectiveness of Ohio's Historical Programs and Partnerships. No appropriations to the society for fiscal year 2005 may be expended without prior approval of the implementation plan by the Controlling Board.
HAYES PRESIDENTIAL CENTER
If a United States government agency, including, but not limited to, the National Park Service, chooses to take over the operations or maintenance of the Hayes Presidential Center, in whole or in part, the Ohio Historical Society shall make arrangements with the National Park Service or other United States government agency for the efficient transfer of operations or maintenance.
HISTORICAL GRANTS
Of the foregoing appropriation item 360-508, Historical Grants, $91,667 $100,000 in each fiscal year 2004 and $88,571 in fiscal year 2005 shall be distributed to the Hebrew Union College in Cincinnati for the Center for Holocaust and Humanity Education, $137,500 $150,000 in fiscal year 2004 shall be distributed to the National Underground Railroad Freedom Center in Cincinnati, $229,167 $250,000 in each fiscal year 2004 and $221,430 in fiscal year 2005 shall be distributed to the Great Lakes Historical Society in Vermilion, $733,333 $800,000 in each fiscal year 2004 and $708,571 in fiscal year 2005 shall be distributed to the Western Reserve Historical Society in Cleveland, $458,333 $500,000 in fiscal year 2004 shall be distributed to the Village of Dennison for the Historical Center Street District, $91,667 $100,000 in each fiscal year 2004 and $88,571 in fiscal year 2005 shall be distributed to the Harbor Heritage Society Steamship Mather in Cleveland, and $458,333 $500,000 in each fiscal year 2004 and $442,857 in fiscal year 2005 shall be distributed to the Cincinnati Museum Center.
OHIO BICENTENNIAL COMMISSION ROYALTIES
Notwithstanding any previous arrangement to the contrary, the Ohio Bicentennial Commission shall keep the first $100,000 in earned royalties associated with the Ohio Bicentennial logo during the 2004-2005 biennium. This $100,000 shall be used to cover the operating expenses of the Ohio Bicentennial Commission in fiscal year 2005. The remaining moneys collected from royalties associated with the Ohio Bicentennial logo shall be deposited into the General Revenue Fund, of which $350,000 shall be distributed to the Ohio Historical Society for use in appropriation item 360-403, Adena - Worthington Home.
Sec. 59. JFS DEPARTMENT OF JOB AND FAMILY SERVICES
General Revenue Fund
GRF | 600-321 | Support Services | |||||||
State | $ | 62,361,047 | $ | 58,611,047 | |||||
Federal | $ | 7,176,249 | $ | 7,125,883 | |||||
Support Services Total | $ | 69,537,296 | $ | 65,736,930 | |||||
GRF | 600-410 | TANF State | $ | 272,619,061 | $ | 272,619,061 | |||
GRF | 600-413 | Child Care Match/Maintenance of Effort | $ | 84,120,596 | $ | 84,120,596 | |||
GRF | 600-416 | Computer Projects | |||||||
State | $ | 120,000,000 | $ | 120,000,000 | |||||
Federal | $ | 31,095,442 | $ | 31,400,454 | |||||
Computer Projects Total | $ | 151,095,442 | $ | 151,400,454 | |||||
GRF | 600-420 | Child Support Administration | $ | 5,091,446 | $ | 5,091,446 | |||
GRF | 600-421 | Office of Family Stability | $ | 4,864,932 | $ | 4,864,932 | |||
GRF | 600-422 | Local Operations | $ | 2,305,232 | $ | 2,305,232 | |||
GRF | 600-423 | Office of Children and Families | $ | 5,000,000 | $ | 5,000,000 | |||
GRF | 600-424 | Office of Workforce Development | $ | 877,971 | $ | 877,971 | |||
GRF | 600-425 | Office of Ohio Health Plans | |||||||
State | $ | 21,944,901 | $ | 22,603,740 | |||||
Federal | $ | 21,848,555 | $ | 22,495,502 | |||||
Office of Ohio Health Plans Total | $ | 43,793,456 | $ | 45,099,242 | |||||
GRF | 600-435 | Unemployment Compensation Review Commission | $ | 3,188,473 | $ | 3,188,473 | |||
GRF | 600-439 | Commission to Reform Medicaid | $ | 125,000 | $ | 125,000 | |||
GRF | 600-502 | Child Support Match | $ | 16,814,103 | $ | 16,814,103 | |||
GRF | 600-511 | Disability Financial Assistance | $ | 22,839,371 | $ | 22,839,371 | |||
GRF | 600-521 | Family Stability Subsidy | $ | 55,206,401 | $ | 55,206,401 | |||
GRF | 600-523 | Children and Families Subsidy | $ | 69,846,563 | $ | 69,846,563 | |||
GRF | 600-525 | Health Care/Medicaid | |||||||
State | $ | 3,651,294,321 | $ | 3,842,465,911 | |||||
Federal | $ | $ | |||||||
Health Care Total | $ | $ | |||||||
GRF | 600-528 | Adoption Services | |||||||
State | $ | 33,395,955 | $ | 36,017,981 | |||||
Federal | $ | 37,368,248 | $ | 41,115,000 | |||||
Adoption Services Total | $ | 70,764,203 | $ | 77,132,981 | |||||
TOTAL GRF General Revenue Fund | |||||||||
State | $ | 4,428,706,900 | $ | 4,619,409,355 | |||||
Federal | $ | $ | |||||||
GRF Total | $ | $ |
General Services Fund Group
4A8 | 600-658 | Child Support Collections | $ | 27,255,646 | $ | 26,680,794 | |||
4R4 | 600-665 | BCII Services/Fees | $ | 136,974 | $ | 136,974 | |||
5C9 | 600-671 | Medicaid Program Support | $ | 54,686,270 | $ | 55,137,078 | |||
5N1 | 600-677 | County Technologies | $ | 5,000,000 | $ | 5,000,000 | |||
613 | 600-645 | Training Activities | $ | 135,000 | $ | 135,000 | |||
TOTAL GSF General Services | |||||||||
Fund Group | $ | 87,213,890 | $ | 87,089,846 |
Federal Special Revenue Fund Group
3A2 | 600-641 | Emergency Food Distribution | $ | 2,083,500 | $ | 2,187,675 | |||
3D3 | 600-648 | Children's Trust Fund Federal | $ | 2,040,524 | $ | 2,040,524 | |||
3F0 | 600-623 | Health Care Federal | $ | 391,658,105 | $ | 394,221,409 | |||
3F0 | 600-650 | Hospital Care Assurance Match | $ | 298,128,308 | $ | 305,879,644 | |||
3G5 | 600-655 | Interagency Reimbursement | $ | 1,180,523,642 | $ | 1,245,244,536 | |||
3H7 | 600-617 | Child Care Federal | $ | 224,539,425 | $ | 235,045,596 | |||
3N0 | 600-628 | IV-E Foster Care Maintenance | $ | 173,963,142 | $ | 173,963,142 | |||
3S5 | 600-622 | Child Support Projects | $ | 534,050 | $ | 534,050 | |||
3V0 | 600-662 | WIA Ohio Option #7 | $ | 87,407,014 | $ | 89,352,850 | |||
3V0 | 600-688 | Workforce Investment Act | $ | 93,636,390 | $ | 94,932,750 | |||
3V4 | 600-678 | Federal Unemployment Programs | $ | 153,690,682 | $ | 154,111,608 | |||
3V4 | 600-679 | Unemployment Compensation Review Commission - Federal | $ | 3,097,320 | $ | 2,860,297 | |||
3V6 | 600-689 | TANF Block Grant | $ | 786,095,609 | $ | 845,909,688 | |||
3W3 | 600-659 | TANF/Title XX | $ | 88,994,049 | $ | 93,498,158 | |||
316 | 600-602 | State and Local Training | $ | 11,212,594 | $ | 11,249,282 | |||
327 | 600-606 | Child Welfare | $ | 29,119,408 | $ | 28,665,728 | |||
331 | 600-686 | Federal Operating | $ | 48,237,185 | $ | 47,340,081 | |||
365 | 600-681 | JOB Training Program | $ | 5,000,000 | $ | 0 | |||
384 | 600-610 | Food Stamps and State Administration | $ | 134,560,572 | $ | 135,141,694 | |||
385 | 600-614 | Refugee Services | $ | 5,793,656 | $ | 5,841,407 | |||
395 | 600-616 | Special Activities/Child and Family Services | $ | 3,975,821 | $ | 3,975,821 | |||
396 | 600-620 | Social Services Block Grant | $ | 74,969,767 | $ | 74,986,134 | |||
397 | 600-626 | Child Support | $ | 304,157,939 | $ | 307,468,576 | |||
398 | 600-627 | Adoption Maintenance/ Administration | $ | 339,957,978 | $ | 340,104,370 | |||
TOTAL FED Federal Special Revenue | |||||||||
Fund Group | $ | 4,443,376,680 | $ | 4,594,555,020 |
State Special Revenue Fund Group
198 | 600-647 | Children's Trust Fund | $ | 4,336,109 | $ | 4,336,109 | |||
4A9 | 600-607 | Unemployment Compensation Admin Fund | $ | 8,001,000 | $ | 8,001,000 | |||
4E3 | 600-605 | Nursing Home Assessments | $ | 4,759,913 | $ | 4,759,914 | |||
4E7 | 600-604 | Child and Family Services Collections | $ | 300,000 | $ | 300,000 | |||
4F1 | 600-609 | Foundation Grants/Child and Family Services | $ | 119,310 | $ | 119,310 | |||
4J5 | 600-613 | Nursing Facility Bed Assessments | $ | 35,060,013 | $ | 35,064,238 | |||
4J5 | 600-618 | Residential State Supplement Payments | $ | 15,700,000 | $ | 15,700,000 | |||
4K1 | 600-621 | ICF/MR Bed Assessments | $ | 20,467,050 | $ | 20,428,726 | |||
4R3 | 600-687 | Banking Fees | $ | 892,000 | $ | 892,000 | |||
4Z1 | 600-625 | HealthCare Compliance | $ | 10,000,000 | $ | 10,000,000 | |||
5A5 | 600-685 | Unemployment Benefit Automation | $ | 14,000,000 | $ | 0 | |||
5P5 | 600-692 | Health Care Services | $ | 492,932,514 | $ | 515,947,439 | |||
5Q9 | 600-619 | Supplemental Inpatient Hospital Payments | $ | 30,797,539 | $ | 30,797,539 | |||
5R2 | 600-608 | Medicaid-Nursing Facilities | $ | 113,754,184 | $ | 113,754,184 | |||
5S3 | 600-629 | MR/DD Medicaid Administration and Oversight | $ | 1,620,960 | $ | 1,620,960 | |||
5T2 | 600-652 | Child Support Special Payment | $ | 1,500,000 | $ | 750,000 | |||
5U3 | 600-654 | Health Care Services Administration | $ | 7,576,322 | $ | 6,119,127 | |||
5U6 | 600-663 | Children and Family Support | $ | 4,929,718 | $ | 4,929,718 | |||
651 | 600-649 | Hospital Care Assurance Program Fund | $ | 208,634,072 | $ | 214,058,558 | |||
TOTAL SSR State Special Revenue | |||||||||
Fund Group | $ | 975,380,704 | $ | 987,578,822 |
Agency Fund Group
192 | 600-646 | Support Intercept - Federal | $ | 136,500,000 | $ | 136,500,000 | |||
5B6 | 600-601 | Food Stamp Intercept | $ | 5,000,000 | $ | 5,000,000 | |||
583 | 600-642 | Support Intercept - State | $ | 20,565,582 | $ | 20,565,582 | |||
TOTAL AGY Agency Fund Group | $ | 162,065,582 | $ | 162,065,582 |
Holding Account Redistribution Fund Group
R12 | 600-643 | Refunds and Audit Settlements | $ | 5,343,906 | $ | 5,343,906 | |||
R13 | 600-644 | Forgery Collections | $ | 700,000 | $ | 700,000 | |||
TOTAL 090 Holding Account Redistribution Fund Group | $ | 6,043,906 | $ | 6,043,906 | |||||
TOTAL ALL BUDGET FUND GROUPS | $ | $ |
Sec. 59.29. OHIO COMMISSION TO REFORM MEDICAID
There is hereby established the Ohio Commission to Reform Medicaid, which shall consist of nine members: three appointed by the Governor, three appointed by the Speaker of the House of Representatives, and three appointed by the President of the Senate. Appointments shall be made not later than ninety days after the effective date of this section June 26, 2003. All members shall serve at the pleasure of the appointing authority. Members shall serve without compensation. Vacancies shall be filled in the manner of original appointments.
The members of the Commission shall serve without compensation but shall be reimbursed in accordance with rules adopted under section 126.31 of the Revised Code for all actual and necessary expenses incurred on or after the effective date of this amendment in the performance of their official duties on the Commission.
A member of the Commission shall be considered present at a Commission meeting even though the member's participation is through a telephone conference call if the meeting's purpose is to gather information, no votes are taken at the meeting, and a room is made available for the public to observe the meeting.
The Commission shall conduct a complete review of the state Medicaid program and shall make recommendations for comprehensive reform and cost containment. The Commission shall submit a report of its findings and recommendations to the Governor, Speaker, and Senate President not later than January 1, 2005.
The Commission may hire a staff director and additional employees to provide technical support.
The Director of Job and Family Services shall, on behalf of the Commission, seek federal financial participation for the administrative costs of the Commission.
Sec. 66. LIB STATE LIBRARY BOARD
General Revenue Fund
GRF | 350-321 | Operating Expenses | $ | 6,700,721 | $ | 6,700,721 | |||
GRF | 350-400 | Ohio Public Library Information Network | $ | 0 | $ | 5,000,000 | |||
GRF | 350-401 | Ohioana Rental Payments | $ | 124,816 | $ | 124,816 | |||
GRF | 350-501 | Cincinnati Public Library | $ | 584,414 | $ | 569,803 | |||
GRF | 350-502 | Regional Library Systems | $ | 1,194,374 | $ | 1,194,374 | |||
GRF | 350-503 | Cleveland Public Library | $ | 879,042 | $ | 857,066 | |||
TOTAL GRF General Revenue Fund | $ | 9,483,367 | $ | 14,446,780 |
General Services Fund Group
139 | 350-602 | Intra-Agency Service Charges | $ | 9,000 | $ | 9,000 | |||
4S4 | 350-604 | OPLIN Technology | $ | 6,450,000 | $ | 1,000,000 | |||
459 | 350-602 | Interlibrary Service Charges | $ | 2,759,661 | $ | 2,809,661 | |||
TOTAL GSF General Services | |||||||||
Fund Group | $ | 9,218,661 | $ | 3,818,661 |
Federal Special Revenue Fund Group
313 | 350-601 | LSTA Federal | $ | 5,541,647 | $ | 5,541,647 | |||
TOTAL FED Federal Special Revenue | |||||||||
Fund Group | $ | 5,541,647 | $ | 5,541,647 | |||||
TOTAL ALL BUDGET FUND GROUPS | $ | 24,243,675 | $ | 23,807,088 |
OHIOANA RENTAL PAYMENTS
The foregoing appropriation item 350-401, Ohioana Rental Payments, shall be used to pay the rental expenses of the Martha Kinney Cooper Ohioana Library Association pursuant to section 3375.61 of the Revised Code.
CINCINNATI PUBLIC LIBRARY
The foregoing appropriation item 350-501, Cincinnati Public Library, shall be used for the Talking Book program, which assists the blind and disabled.
REGIONAL LIBRARY SYSTEMS
The foregoing appropriation item 350-502, Regional Library
Systems,
shall be used to support regional library systems
eligible for funding under section sections 3375.83 and 3375.90 of the Revised Code.
CLEVELAND PUBLIC LIBRARY
The foregoing appropriation item 350-503, Cleveland Public Library, shall be used for the Talking Book program, which assists the blind and disabled.
OHIO PUBLIC LIBRARY INFORMATION NETWORK
The foregoing appropriation items 350-604, OPLIN Technology, and, in fiscal year 2005, 350-400, Ohio Public Library Information Network, shall be used for an information telecommunications network linking public libraries in the state and such others as may be certified as participants by the Ohio Public Library Information Network Board.
The Ohio Public Library Information Network Board shall consist of eleven members appointed by the State Library Board from among the staff of public libraries and past and present members of boards of trustees of public libraries, based on the recommendations of the Ohio library community. The Ohio Public Library Information Network Board, in consultation with the State Library, shall develop a plan of operations for the network. The board may make decisions regarding use of the foregoing OPLIN appropriation items 350-400 and 350-604 and may receive and expend grants to carry out the operations of the network in accordance with state law and the authority to appoint and fix the compensation of a director and necessary staff. The State Library shall be the fiscal agent for the network and shall have fiscal accountability for the expenditure of funds. The Ohio Public Library Information Network Board members shall be reimbursed for actual travel and necessary expenses incurred in carrying out their responsibilities.
In order to limit access to obscene and illegal materials through internet use at Ohio Public Library Information Network (OPLIN) terminals, local libraries with OPLIN computer terminals shall adopt policies that control access to obscene and illegal materials. These policies may include use of technological systems to select or block certain internet access. The OPLIN shall condition provision of its funds, goods, and services on compliance with these policies. The OPLIN Board shall also adopt and communicate specific recommendations to local libraries on methods to control such improper usage. These methods may include each library implementing a written policy controlling such improper use of library terminals and requirements for parental involvement or written authorization for juvenile internet usage.
The OPLIN Board shall research and assist or advise local libraries with regard to emerging technologies and methods that may be effective means to control access to obscene and illegal materials. The OPLIN Executive Director shall biannually provide written reports to the Governor, the Speaker and Minority Leader of the House of Representatives, and the President and Minority Leader of the Senate on any steps being taken by OPLIN and public libraries in the state to limit and control such improper usage as well as information on technological, legal, and law enforcement trends nationally and internationally affecting this area of public access and service.
The Ohio Public Library Information Network, InfOhio, and OhioLink shall, to the extent feasible, coordinate and cooperate in their purchase or other acquisition of the use of electronic databases for their respective users and shall contribute funds in an equitable manner to such effort.
TRANSFER TO OPLIN TECHNOLOGY FUND
Notwithstanding sections 5747.03 and 5747.47 of the Revised Code and any other provision of law to the contrary, in accordance with a schedule established by the Director of Budget and Management, the Director of Budget and Management shall transfer up to $5,000,000 in fiscal year 2004 from the Library and Local Government Support Fund (Fund 065) to the OPLIN Technology Fund (Fund 4S4).
Sec. 89. BOR BOARD OF REGENTS
General Revenue Fund
GRF | 235-321 | Operating Expenses | $ | 3,336,284 | $ | 2,767,219 | |||
GRF | 235-401 | Lease Rental Payments | $ | 246,500,700 | $ | 216,836,400 | |||
GRF | 235-402 | Sea Grants | $ | 274,895 | $ | 274,895 | |||
GRF | 235-403 | Math/Science Teaching Improvement | $ | 1,757,614 | $ | 1,757,614 | |||
GRF | 235-404 | College Readiness Initiatives | $ | 3,152,603 | $ | 3,401,759 | |||
GRF | 235-406 | Articulation and Transfer | $ | 733,200 | $ | 733,200 | |||
GRF | 235-408 | Midwest Higher Education Compact | $ | 82,500 | $ | 82,500 | |||
GRF | 235-409 | Information System | $ | 1,185,879 | $ | 1,154,671 | |||
GRF | 235-414 | State Grants and Scholarship Administration | $ | 1,219,719 | $ | 1,211,373 | |||
GRF | 235-415 | Jobs Challenge | $ | 9,348,300 | $ | 9,348,300 | |||
GRF | 235-417 | Ohio Learning Network | $ | 3,413,046 | $ | 3,327,720 | |||
GRF | 235-418 | Access Challenge | $ | 67,568,622 | $ | 67,568,622 | |||
GRF | 235-420 | Success Challenge | $ | 51,113,077 | $ | 56,113,077 | |||
GRF | 235-428 | Appalachian New Economy Partnership | $ | 1,179,893 | $ | 1,147,895 | |||
GRF | 235-451 | Eminent Scholars | $ | 0 | $ | 1,462,500 | |||
GRF | 235-454 | Research Challenge | $ | 18,330,000 | $ | 18,330,000 | |||
GRF | 235-455 | EnterpriseOhio Network | $ | 1,505,262 | $ | 1,465,650 | |||
GRF | 235-474 | Area Health Education Centers Program Support | $ | 1,722,226 | $ | 1,676,670 | |||
GRF | 235-477 | Access Improvement Projects | $ | 1,048,664 | $ | 1,080,124 | |||
GRF | 235-501 | State Share of Instruction | $ | 1,534,189,277 | $ | 1,559,096,031 | |||
GRF | 235-502 | Student Support Services | $ | 870,675 | $ | 848,908 | |||
GRF | 235-503 | Ohio Instructional Grants | $ | 111,966,343 | $ | 115,325,333 | |||
GRF | 235-504 | War Orphans Scholarships | $ | 4,672,321 | $ | 4,672,321 | |||
GRF | 235-507 | OhioLINK | $ | 7,028,392 | $ | 7,028,392 | |||
GRF | 235-508 | Air Force Institute of Technology | $ | 2,096,523 | $ | 2,053,860 | |||
GRF | 235-509 | Displaced Homemakers | $ | 204,865 | $ | 199,743 | |||
GRF | 235-510 | Ohio Supercomputer Center | $ | 4,208,472 | $ | 4,103,260 | |||
GRF | 235-511 | Cooperative Extension Service | $ | 25,644,863 | $ | 25,644,863 | |||
GRF | 235-513 | Ohio University Voinovich Center | $ | 311,977 | $ | 305,178 | |||
GRF | 235-514 | Central State Supplement | $ | 11,039,203 | $ | 11,039,203 | |||
GRF | 235-515 | Case Western Reserve University School of Medicine | $ | 3,303,612 | $ | 3,212,271 | |||
GRF | 235-518 | Capitol Scholarship Programs | $ | 245,000 | $ | 245,000 | |||
GRF | 235-519 | Family Practice | $ | 5,529,432 | $ | 5,391,196 | |||
GRF | 235-520 | Shawnee State Supplement | $ | 2,082,289 | $ | 2,082,289 | |||
GRF | 235-521 | The Ohio State University Glenn Institute | $ | 311,977 | $ | 305,178 | |||
GRF | 235-524 | Police and Fire Protection | $ | 209,046 | $ | 203,819 | |||
GRF | 235-525 | Geriatric Medicine | $ | 820,696 | $ | 800,179 | |||
GRF | 235-526 | Primary Care Residencies | $ | 2,730,013 | $ | 2,661,762 | |||
GRF | 235-527 | Ohio Aerospace Institute | $ | 1,933,607 | $ | 1,882,767 | |||
GRF | 235-530 | Academic Scholarships | $ | 7,800,000 | $ | 7,800,000 | |||
GRF | 235-531 | Student Choice Grants | $ | 52,139,646 | $ | 52,139,646 | |||
GRF | 235-534 | Student Workforce Development Grants | $ | 2,437,500 | $ | 2,437,500 | |||
GRF | 235-535 | Ohio Agricultural Research and Development Center | $ | 35,830,188 | $ | 35,830,188 | |||
GRF | 235-536 | The Ohio State University Clinical Teaching | $ | 13,565,885 | $ | 13,565,885 | |||
GRF | 235-537 | University of Cincinnati Clinical Teaching | $ | 11,157,756 | $ | 11,157,756 | |||
GRF | 235-538 | Medical College of Ohio at Toledo Clinical Teaching | $ | 8,696,866 | $ | 8,696,866 | |||
GRF | 235-539 | Wright State University Clinical Teaching | $ | 4,225,107 | $ | 4,225,107 | |||
GRF | 235-540 | Ohio University Clinical Teaching | $ | 4,084,540 | $ | 4,084,540 | |||
GRF | 235-541 | Northeastern Ohio Universities College of Medicine Clinical Teaching | $ | 4,200,945 | $ | 4,200,945 | |||
GRF | 235-543 | Ohio College of Podiatric Medicine Clinical Subsidy | $ | 424,033 | $ | 424,033 | |||
GRF | 235-547 | School of International Business | $ | 1,264,611 | $ | 1,232,996 | |||
GRF | 235-549 | Part-time Student Instructional Grants | $ | 14,036,622 | $ | 14,457,721 | |||
GRF | 235-552 | Capital Component | $ | 18,711,936 | $ | 18,711,936 | |||
GRF | 235-553 | Dayton Area Graduate Studies Institute | $ | 3,074,550 | $ | 2,993,937 | |||
GRF | 235-554 | Computer Science Graduate Education | $ | 2,577,209 | $ | 2,512,779 | |||
GRF | 235-555 | Library Depositories | $ | 1,775,467 | $ | 1,731,080 | |||
GRF | 235-556 | Ohio Academic Resources Network | $ | 3,657,009 | $ | 3,803,289 | |||
GRF | 235-558 | Long-term Care Research | $ | 230,906 | $ | 225,134 | |||
GRF | 235-561 | Bowling Green State University Canadian Studies Center | $ | 121,586 | $ | 118,546 | |||
GRF | 235-572 | The Ohio State University Clinic Support | $ | 1,400,394 | $ | 1,362,259 | |||
GRF | 235-583 | Urban University Programs | $ | 5,692,236 | $ | 5,553,506 | |||
GRF | 235-585 | Ohio University Innovation Center | $ | 41,596 | $ | 40,556 | |||
GRF | 235-587 | Rural University Projects | $ | 1,224,510 | $ | 1,224,510 | |||
GRF | 235-588 | Ohio Resource Center for Mathematics, Science, and Reading | $ | 853,262 | $ | 853,262 | |||
GRF | 235-595 | International Center for Water Resources Development | $ | 137,352 | $ | 133,918 | |||
GRF | 235-596 | Hazardous Materials Program | $ | 339,647 | $ | 331,156 | |||
GRF | 235-599 | National Guard Scholarship Program | $ | $ | |||||
GRF | 235-909 | Higher Education General Obligation Debt Service | $ | 97,668,000 | $ | 130,967,600 | |||
TOTAL GRF General Revenue Fund | $ | $ |
General Services Fund Group
220 | 235-614 | Program Approval and Reauthorization | $ | 400,000 | $ | 400,000 | |||
456 | 235-603 | Sales and Services | $ | 500,002 | $ | 500,003 | |||
TOTAL GSF General Services | |||||||||
Fund Group | $ | 900,002 | $ | 900,003 |
Federal Special Revenue Fund Group
3H2 | 235-608 | Human Services Project | $ | 1,500,000 | $ | 1,500,000 | |||
3N6 | 235-605 | State Student Incentive Grants | $ | 2,196,680 | $ | 2,196,680 | |||
3T0 | 235-610 | National Health Service Corps - Ohio Loan Repayment | $ | 150,001 | $ | 150,001 | |||
312 | 235-609 | Tech Prep | $ | 183,850 | $ | 183,850 | |||
312 | 235-611 | Gear-up Grant | $ | 1,478,245 | $ | 1,370,691 | |||
312 | 235-612 | Carl D. Perkins Grant/Plan Administration | $ | 112,960 | $ | 112,960 | |||
312 | 235-615 | Professional Development | $ | 523,129 | $ | 523,129 | |||
312 | 235-616 | Workforce Investment Act Administration | $ | 850,000 | $ | 850,000 | |||
312 | 235-631 | Federal Grants | $ | 3,444,949 | $ | 3,150,590 | |||
TOTAL FED Federal Special Revenue | |||||||||
Fund Group | $ | 10,439,814 | $ | 10,037,901 |
State Special Revenue Fund Group
4E8 | 235-602 | Higher Educational Facility Commission Administration | $ | 20,000 | $ | 20,000 | |||
4P4 | 235-604 | Physician Loan Repayment | $ | 476,870 | $ | 476,870 | |||
649 | 235-607 | The Ohio State University Highway/Transportation Research | $ | 760,000 | $ | 760,000 | |||
682 | 235-606 | Nursing Loan Program | $ | 893,000 | $ | 893,000 | |||
TOTAL SSR State Special Revenue | |||||||||
Fund Group | $ | 2,149,870 | $ | 2,149,870 | |||||
TOTAL ALL BUDGET FUND GROUPS | $ | $ |
Sec. 89.04. STATE SHARE OF INSTRUCTION
As soon as practicable during each fiscal year of the 2003-2005 biennium in accordance with instructions of the Board of Regents, each state-assisted institution of higher education shall report its actual enrollment to the Board of Regents.
The Board of Regents shall establish procedures required by the system of formulas set out below and for the assignment of individual institutions to categories described in the formulas. The system of formulas establishes the manner in which aggregate expenditure requirements shall be determined for each of the three components of institutional operations. In addition to other adjustments and calculations described below, the subsidy entitlement of an institution shall be determined by subtracting from the institution's aggregate expenditure requirements income to be derived from the local contributions assumed in calculating the subsidy entitlements. The local contributions for purposes of determining subsidy support shall not limit the authority of the individual boards of trustees to establish fee levels.
The General Studies and Technical models shall be adjusted by the Board of Regents so that the share of state subsidy earned by those models is not altered by changes in the overall local share. A lower-division fee differential shall be used to maintain the relationship that would have occurred between these models and the baccalaureate models had an assumed share of 37 per cent been funded.
In defining the number of full-time equivalent (FTE) students for state subsidy purposes, the Board of Regents shall exclude all undergraduate students who are not residents of Ohio, except those charged in-state fees in accordance with reciprocity agreements made pursuant to section 3333.17 of the Revised Code or employer contracts entered into pursuant to section 3333.32 of the Revised Code.
(A) AGGREGATE EXPENDITURE PER FULL-TIME EQUIVALENT STUDENT
(1) INSTRUCTION AND SUPPORT SERVICES
MODEL | FY 2004 | FY 2005 |
General Studies I | $ 4,947 | $ 4,983 |
General Studies II | $ 5,323 | $ 5,336 |
General Studies III | $ 6,883 | $ 7,120 |
Technical I | $ 5,913 | $ 6,137 |
Technical III | $ 9,522 | $ 10,026 |
Baccalaureate I | $ 7,623 | $ 7,721 |
Baccalaureate II | $ 8,584 | $ 8,864 |
Baccalaureate III | $ 12,559 | $ 12,932 |
Masters and Professional I | $ 15,867 | $ 18,000 |
Masters and Professional II | $ 20,861 | $ 22,141 |
Masters and Professional III | $ 27,376 | $ 28,190 |
Medical I | $ 30,867 | $ 31,819 |
Medical II | $ 41,495 | $ 41,960 |
MPD I | $ 14,938 | $ 14,966 |
(2) STUDENT SERVICES
For this purpose, FTE counts shall be weighted to reflect differences among institutions in the numbers of students enrolled on a part-time basis. The student services subsidy per FTE shall be $822 in fiscal year 2004 and $903 in fiscal year 2005 for all models.
(B) PLANT OPERATION AND MAINTENANCE (POM)
(1) DETERMINATION OF THE SQUARE-FOOT-BASED POM SUBSIDY
Space undergoing renovation shall be funded at the rate allowed for storage space.
In the calculation of square footage for each campus, square footage shall be weighted to reflect differences in space utilization.
The space inventories for each campus shall be those determined in the fiscal year 2003 state share of instruction calculation, adjusted for changes attributable to the construction or renovation of facilities for which state appropriations were made or local commitments were made prior to January 1, 1995.
Only 50 per cent of the space permanently taken out of operation in fiscal year 2004 or fiscal year 2005 that is not otherwise replaced by a campus shall be deleted from the plant operation and maintenance space inventory.
The square-foot-based plant operation and maintenance subsidy for each campus shall be determined as follows:
(a) For each standard room type category shown below, the subsidy-eligible net assignable square feet (NASF) for each campus shall be multiplied by the following rates, and the amounts summed for each campus to determine the total gross square-foot-based POM expenditure requirement:
FY 2004 | FY 2005 | |
Classrooms | $5.80 | $6.04 |
Laboratories | $7.22 | $7.53 |
Offices | $5.80 | $6.04 |
Audio Visual Data Processing | $7.22 | $7.53 |
Storage | $2.57 | $2.68 |
Circulation | $7.31 | $7.62 |
Other | $5.80 | $6.04 |
(b) The total gross square-foot POM expenditure requirement
shall be
allocated to models in proportion to FTE
enrollments as
reported in enrollment data each campus's activity-based POM weight multiplied by the two- or five-year average subsidy-eligible FTEs for all models
except Doctoral I and
Doctoral II.
(c) The amounts allocated to models in division (B)(1)(b)
of
this section shall be
multiplied by
the ratio of subsidy-eligible
FTE
students to total FTE
students reported in
each model, and the
amounts summed for all models. To this total amount
shall be
added an amount to support roads and grounds expenditures, which shall also be multiplied by the ratio of subsidy-eligible FTE students to total FTEs reported for each model. From this total amount, the amounts for Doctoral I and Doctoral II shall be subtracted to
produce
the total square-foot-based POM subsidy.
(2) DETERMINATION OF THE ACTIVITY-BASED POM SUBSIDY
(a) The number of subsidy-eligible FTE students in each model shall be multiplied by the following rates for each campus for each fiscal year.
FY 2004 | FY 2005 | |
General Studies I | $ 552 | $ 560 |
General Studies II | $ 696 | $ 705 |
General Studies III | $1,608 | $1,651 |
Technical I | $ 777 | $ 806 |
Technical III | $1,501 | $1,570 |
Baccalaureate I | $ 700 | $ 706 |
Baccalaureate II | $1,250 | $1,232 |
Baccalaureate III | $1,520 | $1,458 |
Masters and Professional I | $1,258 | $1,301 |
Masters and Professional II | $2,817 | $2,688 |
Masters and Professional III | $3,832 | $3,712 |
Medical I | $2,663 | $2,669 |
Medical II | $3,837 | $4,110 |
MPD I | $1,213 | $1,233 |
(b) The sum of the products for each campus determined in division (B)(2)(a) of this section for all models except Doctoral I and Doctoral II for each fiscal year shall be weighted by a factor to reflect sponsored research activity and job training-related public services expenditures to determine the total activity-based POM subsidy.
(C) CALCULATION OF CORE SUBSIDY ENTITLEMENTS AND ADJUSTMENTS
(1) CALCULATION OF CORE SUBSIDY ENTITLEMENTS
The calculation of the core subsidy entitlement shall consist of the following components:
(a) For each campus and for each fiscal year, the core subsidy entitlement shall be determined by multiplying the amounts listed above in divisions (A)(1) and (2) and (B)(2) of this section less assumed local contributions, by (i) average subsidy-eligible FTEs for the two-year period ending in the prior year for all models except Doctoral I and Doctoral II; and (ii) average subsidy-eligible FTEs for the five-year period ending in the prior year for all models except Doctoral I and Doctoral II.
(b) In calculating the core subsidy entitlements for Medical II models only, the Board of Regents shall use the following count of FTE students:
(i) For those medical schools whose current year enrollment, including students repeating terms, is below the base enrollment, the Medical II FTE enrollment shall equal: 65 per cent of the base enrollment plus 35 per cent of the current year enrollment including students repeating terms, where the base enrollment is:
The Ohio State University | 1010 | ||
University of Cincinnati | 833 | ||
Medical College of Ohio at Toledo | 650 | ||
Wright State University | 433 | ||
Ohio University | 433 | ||
Northeastern Ohio Universities College of Medicine | 433 |
(ii) For those medical schools whose current year enrollment, excluding students repeating terms, is equal to or greater than the base enrollment, the Medical II FTE enrollment shall equal the base enrollment plus the FTE for repeating students.
(iii) Students repeating terms may be no more than five per cent of current year enrollment.
(c) The Board of Regents shall compute the sum of the two calculations listed in division (C)(1)(a) of this section and use the greater sum as the core subsidy entitlement.
The POM subsidy for each campus shall equal the greater of the square-foot-based subsidy or the activity-based POM subsidy component of the core subsidy entitlement.
(d) The state share of instruction provided for doctoral students shall be based on a fixed percentage of the total appropriation. In each fiscal year of the biennium not more than 10.34 per cent of the total state share of instruction shall be reserved to implement the recommendations of the Graduate Funding Commission. It is the intent of the General Assembly that the doctoral reserve not exceed 10.34 per cent of the total state share of instruction to implement the recommendations of the Graduate Funding Commission. The Board of Regents may reallocate up to two per cent in each fiscal year of the reserve among the state-assisted universities on the basis of a quality review as specified in the recommendations of the Graduate Funding Commission. No such reallocation shall occur unless the Board of Regents, in consultation with representatives of state-assisted universities, determines that sufficient funds are available for this purpose.
The amount so reserved shall be allocated to universities in proportion to their share of the total number of Doctoral I equivalent FTEs as calculated on an institutional basis using the greater of the two-year or five-year FTEs for the period fiscal year 1994 through fiscal year 1998 with annualized FTEs for fiscal years 1994 through 1997 and all-term FTEs for fiscal year 1998 as adjusted to reflect the effects of doctoral review and subsequent changes in Doctoral I equivalent enrollments. For the purposes of this calculation, Doctoral I equivalent FTEs shall equal the sum of Doctoral I FTEs plus 1.5 times the sum of Doctoral II FTEs.
(2) ANNUAL STATE SHARE OF INSTRUCTION FUNDING GUARANTEE
In addition to and after the other adjustment noted above, in fiscal year 2004, no campus shall receive a state share of instruction allocation that is less than 100 per cent of the prior year's state share of instruction amount. In fiscal year 2005, no campus shall receive a state share of instruction allocation that is less than 99 per cent of what that campus' state share of instruction would have been had the allocation in fiscal year 2004 been not less than 99 per cent, rather than 100 per cent, of the prior year's state share of instruction amount.
(3) CAPITAL COMPONENT DEDUCTION
After all other adjustments have been made, state share of instruction earnings shall be reduced for each campus by the amount, if any, by which debt service charged in Am. H.B. No. 748 of the 121st General Assembly, Am. Sub. H.B. No. 850 of the 122nd General Assembly, Am. H.B. No. 640 of the 123rd General Assembly, and H.B. No. 675 of the 124th General Assembly for that campus exceeds that campus's capital component earnings. The sum of the amounts deducted shall be transferred to appropriation item 235-552, Capital Component, in each fiscal year.
(D) REDUCTIONS IN EARNINGS
If the total state share of instruction earnings in any fiscal year exceed the total appropriations available for such purposes, the Board of Regents shall proportionately reduce the state share of instruction earnings for all campuses by a uniform percentage so that the system wide sum equals available appropriations.
(E) EXCEPTIONAL CIRCUMSTANCES
Adjustments may be made to the state share of instruction payments and other subsidies distributed by the Board of Regents to state-assisted colleges and universities for exceptional circumstances. No adjustments for exceptional circumstances may be made without the recommendation of the Chancellor and the approval of the Controlling Board.
(F) MID-YEAR APPROPRIATION REDUCTIONS TO THE STATE SHARE OF INSTRUCTION
The standard provisions of the state share of instruction calculation as described in the preceding sections of temporary law shall apply to any reductions made to appropriation line item 235-501, State Share of Instruction, before the Board of Regents has formally approved the final allocation of the state share of instruction funds for any fiscal year.
Any reductions made to appropriation line item 235-501, State Share of Instruction, after the Board of Regents has formally approved the final allocation of the state share of instruction funds for any fiscal year, shall be uniformly applied to each campus in proportion to its share of the final allocation.
(G) DISTRIBUTION OF STATE SHARE OF INSTRUCTION
The state share of instruction payments to the institutions shall be in substantially equal monthly amounts during the fiscal year, unless otherwise determined by the Director of Budget and Management pursuant to section 126.09 of the Revised Code. Payments during the first six months of the fiscal year shall be based upon the state share of instruction appropriation estimates made for the various institutions of higher education according to Board of Regents enrollment estimates. Payments during the last six months of the fiscal year shall be distributed after approval of the Controlling Board upon the request of the Board of Regents.
(H) LAW SCHOOL SUBSIDY
The state share of instruction to state-supported universities for students enrolled in law schools in fiscal year 2004 and fiscal year 2005 shall be calculated by using the number of subsidy-eligible FTE law school students funded by state subsidy in fiscal year 1995 or the actual number of subsidy-eligible FTE law school students at the institution in the fiscal year, whichever is less.
Sec. 89.05. HIGHER EDUCATION - BOARD OF TRUSTEES
Funds appropriated for instructional subsidies at colleges and universities may be used to provide such branch or other off-campus undergraduate courses of study and such master's degree courses of study as may be approved by the Board of Regents.
In providing instructional and other services to students,
boards of trustees
of state-assisted institutions of higher
education shall supplement state
subsidies by income from charges
to students. Each board shall establish the
fees to be charged to
all students, including an instructional fee for
educational and
associated operational support of the institution and a
general
fee for noninstructional services, including locally financed
student
services facilities used for the benefit of enrolled
students. The
instructional fee and the general fee shall
encompass all charges for services
assessed uniformly to all
enrolled students. Each board may also establish
special purpose
fees, service charges, and fines as required; such special
purpose
fees and service charges shall be for services or benefits
furnished
individual students or specific categories of students
and shall not be
applied uniformly to all enrolled students. Except for the board of trustees of Miami University, in implementing the pilot tuition restructuring plan recognized by this act Am. Sub. H.B. 95 of the 125th General Assembly, a
tuition surcharge shall be paid
by all students who are not
residents of Ohio.
The boards of trustees of individual state-assisted universities, university branch campuses, community colleges, state community colleges, and technical colleges shall limit in-state undergraduate instructional and general fee increases for an academic year over the amounts charged in the prior academic year to no more than six per cent. In addition to the six per cent main campus in-state undergraduate instructional and general fee increase limit established in this section, the Board of Trustees of The Ohio State University may authorize an additional university main campus in-state undergraduate instructional and general fee increase of three per cent for academic years 2003-2004 and 2004-2005. Except for the board of trustees of the The Ohio State University, the boards of trustees of individual state-assisted universities, university branch campuses, community colleges, state community colleges, and technical colleges shall not authorize combined instructional and general fee increases of more than six per cent in a single vote. The board of trustees of The Ohio State University shall not authorize combined instructional and general fee increases of more than nine per cent in a single vote. The boards of trustees of individual state-assisted universities, university branch campuses, community colleges, state community colleges, and technical colleges may authorize an additional 3.9 per cent increase in in-state undergraduate instructional and general fees in a separate vote. The additional increase shall only be used for providing scholarships to low-income students, to be known as Access Scholarship Grants, or to provide additional or improved technology services to students. These fee increase limitations apply even if an institutional board of trustees has, prior to the effective date of this section, voted to assess a higher fee for the 2003-2004 academic year. These limitations shall not apply to increases required to comply with institutional covenants related to their obligations or to meet unfunded legal mandates or legally binding obligations incurred or commitments made prior to the effective date of this act Am. Sub. H.B. 95 of the 125th General Assembly with respect to which the institution had identified such fee increases as the source of funds. Any increase required by such covenants and any such mandates, obligations, or commitments shall be reported by the Board of Regents to the Controlling Board. These limitations may also be modified by the Board of Regents, with the approval of the Controlling Board, to respond to exceptional circumstances as identified by the Board of Regents.
The board of trustees of a state-assisted institution of
higher education shall not authorize a waiver or nonpayment of
instructional fees or general fees for any particular student or
any class of students other than waivers specifically authorized
by law or approved by the Chancellor. This prohibition is not
intended to limit the authority of boards of trustees to provide
for payments to students for services rendered the institution,
nor to prohibit the budgeting of income for staff benefits or for
student assistance in the form of payment of such instructional
and general fees. This prohibition is not intended to limit the authority of the board of trustees of Miami University in providing financial assistance to students in implementing the pilot tuition restructuring plan recognized by this act Am. Sub. H.B. 95 of the 125th General Assembly.
Except for Miami University, in implementing the pilot tuition restructuring plan recognized by this act Am. Sub. H.B. 95 of the 125th General Assembly, each state-assisted institution of higher education in its
statement of charges to students shall separately identify the
instructional fee, the general fee, the tuition charge, and the
tuition surcharge. Fee charges to students for instruction shall
not be considered to be a price of service but shall be
considered
to be an integral part of the state government
financing program
in support of higher educational opportunity
for students.
In providing the appropriations in support of instructional services at state-assisted institutions of higher education and the appropriations for other instruction it is the intent of the General Assembly that faculty members shall devote a proper and judicious part of their work week to the actual instruction of students. Total class credit hours of production per quarter per full-time faculty member is expected to meet the standards set forth in the budget data submitted by the Board of Regents.
The authority of government vested by law in the boards of trustees of state-assisted institutions of higher education shall in fact be exercised by those boards. Boards of trustees may consult extensively with appropriate student and faculty groups. Administrative decisions about the utilization of available resources, about organizational structure, about disciplinary procedure, about the operation and staffing of all auxiliary facilities, and about administrative personnel shall be the exclusive prerogative of boards of trustees. Any delegation of authority by a board of trustees in other areas of responsibility shall be accompanied by appropriate standards of guidance concerning expected objectives in the exercise of such delegated authority and shall be accompanied by periodic review of the exercise of this delegated authority to the end that the public interest, in contrast to any institutional or special interest, shall be served.
The General Assembly recognizes the pilot tuition restructuring plan of the board of trustees of Miami University for undergraduate students enrolled at the Oxford campus. The purpose of this plan is to make higher education more affordable for moderate income Ohioans, encourage high-achieving Ohio students to stay in Ohio rather than attending colleges in other states, and provide incentives for Ohio students to major in areas crucial to Ohio's priorities and future economic development.
Notwithstanding any limit on in-state undergraduate instructional and general fees imposed by this act Am. Sub. H.B. 95 of the 125th General Assembly, the General Assembly recognizes that the plan will provide that all undergraduate students enrolled at the Oxford campus will be charged combined instructional and general fees in an amount equal to the nonresident instructional and general fees and tuition surcharge. For both resident student students first enrolling on or after the summer term of 2003 and resident students who enrolled prior to this date, any increases in fees approved thereafter by the board of trustees are subject to any instructional and general fee caps imposed by the General Assembly.
The General Assembly recognizes that the plan provides that all students who are residents of Ohio will receive student financial assistance in an amount to be determined by the University.
The General Assembly recognizes that the plan provides that, for any resident student who enrolls at the Miami University Oxford campus prior to August 2004, the plan will have no direct financial impact except for paper changes on invoices so that such a student would only pay instructional and general fees in an amount equivalent to what the student was charged in the preceding year in addition to any increases in fees approved by the board of trustees.
Sec. 89.08. CASE WESTERN RESERVE UNIVERSITY SCHOOL OF MEDICINE
The foregoing appropriation item 235-515, Case Western Reserve University School of Medicine, shall be disbursed to Case Western Reserve University through the Board of Regents in accordance with agreements entered into as provided for by section 3333.10 of the Revised Code, provided that the state support per full-time medical student shall not exceed that provided to full-time medical students at state universities.
CAPITAL SCHOLARSHIP PROGRAM
The foregoing appropriation item 235-518, Capital Scholarship Program, shall be used by the Board of Regents to provide scholarships to undergraduates of Ohio's four-year public and private institutions of higher education participating in the Washington Center Internship Program. A scholarship of $1,800 shall be awarded to students enrolled in an institution operating on a quarter system, and a scholarship of $2,300 shall be awarded to students enrolled in an institution operating on a semester system. The number of scholarships awarded shall be limited by the amounts appropriated in fiscal years 2004 and 2005. The Washington Center shall match the scholarships awarded to students as follows: $1,200 for students enrolled in an institution operating on a quarter system, and $1,700 for students enrolled in an institution operating on a semester system.
FAMILY PRACTICE, GERIATRIC MEDICINE, AND PRIMARY CARE RESIDENCIES
The Board of Regents shall develop plans consistent with existing criteria and guidelines as may be required for the distribution of appropriation items 235-519, Family Practice, 235-525, Geriatric Medicine, and 235-526, Primary Care Residencies.
SHAWNEE STATE SUPPLEMENT
The foregoing appropriation item 235-520, Shawnee State Supplement, shall be used by Shawnee State University as detailed by both of the following:
(A) To allow Shawnee State University to keep its undergraduate fees below the statewide average, consistent with its mission of service to an economically depressed Appalachian region;
(B) To allow Shawnee State University to employ new faculty to develop and teach in new degree programs that meet the needs of Appalachians.
POLICE AND FIRE PROTECTION
The foregoing appropriation item 235-524, Police and Fire Protection, shall be used for police and fire services in the municipalities of Kent, Athens, Oxford, Fairborn, Bowling Green, Portsmouth, Xenia Township (Greene County), Rootstown Township, and the City of Nelsonville that may be used to assist these local governments in providing police and fire protection for the central campus of the state-affiliated university located therein. Each participating municipality and township shall receive at least $5,000 each year. Funds shall be distributed according to the methodology employed by the Board of Regents in the previous biennium.
PRIMARY CARE RESIDENCIES
The foregoing appropriation item 235-526, Primary Care Residencies, shall be distributed in each fiscal year of the biennium, based on whether or not the institution has submitted and gained approval for a plan. If the institution does not have an approved plan, it shall receive five per cent less funding per student than it would have received from its annual allocation. The remaining funding shall be distributed among those institutions that meet or exceed their targets.
OHIO AEROSPACE INSTITUTE
The foregoing appropriation item 235-527, Ohio Aerospace Institute, shall be distributed by the Board of Regents under section 3333.042 of the Revised Code.
ACADEMIC SCHOLARSHIPS
The foregoing appropriation item 235-530, Academic Scholarships, shall be used to provide academic scholarships to students under section 3333.22 of the Revised Code.
STUDENT CHOICE GRANTS
The foregoing appropriation item 235-531, Student Choice Grants, shall be used to support the Student Choice Grant Program created by section 3333.27 of the Revised Code. The unencumbered balance of appropriation item 235-531, Student Choice Grants, at the end of fiscal year 2004 shall be transferred to fiscal year 2005 for use under the same appropriation item to maintain grant award amounts in fiscal year 2005 equal to the awards provided in fiscal year 2004. The amounts transferred are hereby appropriated.
STUDENT WORKFORCE DEVELOPMENT GRANTS
The foregoing appropriation item 235-534, Student Workforce Development Grants, shall be used to support the Student Workforce Development Grant Program. Of the appropriated funds available, the Board of Regents shall distribute grants to each eligible student in an academic year. The size of each grant award shall be determined by the Board of Regents based on the amount of funds available for the program.
OHIO AGRICULTURAL RESEARCH AND DEVELOPMENT CENTER
The foregoing appropriation item 235-535, Ohio Agricultural Research and Development Center, shall be disbursed through the Board of Regents to The Ohio State University in monthly payments, unless otherwise determined by the Director of Budget and Management pursuant to section 126.09 of the Revised Code. The Ohio Agricultural Research and Development Center shall not be required to remit payment to The Ohio State University during the 2003-2005 biennium for cost reallocation assessments. The cost reallocation assessments include, but are not limited to, any assessment on state appropriations to the center. The Ohio Agricultural Research and Development Center, in conjunction with the Third Frontier Commission, shall provide for an independently evaluated self-study of research excellence and commercial relevance in a manner to be prescribed by the Third Frontier Commission.
Of the foregoing appropriation item 235-535, Ohio Agricultural Research and Development Center, $470,164 in fiscal year 2004 and $458,410 in fiscal year 2005 shall be used to purchase equipment.
Of the foregoing appropriation item 235-535, Ohio Agricultural Research and Development Center, $827,141 in fiscal year 2004 and $806,463 in fiscal year 2005 shall be distributed to the Piketon Agricultural Research and Extension Center.
Of the foregoing appropriation item 235-535, Ohio
Agricultural
Research and
Development Center, $217,669 in fiscal year 2004 and $212,227 in fiscal year 2005
shall be distributed to the
Raspberry/Strawberry-Ellagic Acid
Research program at the The Ohio
State
University Medical College in
cooperation with the The Ohio
State University
College of Agriculture.
Of the foregoing appropriation item 235-535, Ohio Agricultural Research and Development Center, $43,534 in fiscal year 2004 and $42,445 in fiscal year 2005 shall be used to support the Ohio Berry Administrator.
Of the foregoing appropriation item 235-535, Ohio Agricultural Research and Development Center, $87,067 in fiscal year 2004 and $84,890 in fiscal year 2005 shall be used for the development of agricultural crops and products not currently in widespread production in Ohio, in order to increase the income and viability of family farmers.
STATE UNIVERSITY CLINICAL TEACHING
The foregoing appropriation items 235-536, The Ohio State University Clinical Teaching; 235-537, University of Cincinnati Clinical Teaching; 235-538, Medical College of Ohio at Toledo Clinical Teaching; 235-539, Wright State University Clinical Teaching; 235-540, Ohio University Clinical Teaching; and 235-541, Northeastern Ohio Universities College of Medicine Clinical Teaching, shall be distributed through the Board of Regents.
Of the foregoing appropriation item 235-539, Wright State University Clinical Teaching, $124,644 in each fiscal year of the biennium shall be for the use of Wright State University's Ellis Institute for Clinical Teaching Studies to operate the clinical facility to serve the Greater Dayton area.
SCHOOL OF INTERNATIONAL BUSINESS
Of the foregoing appropriation item 235-547, School of International Business, $901,975 in fiscal year 2004 and $879,426 in fiscal year 2005 shall be used for the continued development and support of the School of International Business of the state universities of northeast Ohio. The money shall go to the University of Akron. These funds shall be used by the university to establish a School of International Business located at the University of Akron. It may confer with Kent State University, Youngstown State University, and Cleveland State University as to the curriculum and other matters regarding the school.
Of the foregoing appropriation item 235-547, School of International Business, $181,318 in fiscal year 2004 and $176,785 in fiscal year 2005 shall be used by the University of Toledo College of Business for expansion of its international business programs.
Of the foregoing appropriation item 235-547, School of
International Business,
$181,318 in fiscal year 2004 and $176,785 in fiscal year 2005 shall be used
to support the The Ohio State
University
BioMEMS program.
PART-TIME STUDENT INSTRUCTIONAL GRANTS
The foregoing appropriation item 235-549, Part-time Student Instructional Grants, shall be used to support a grant program for part-time undergraduate students who are Ohio residents and who are enrolled in degree granting programs.
Eligibility for participation in the program shall include degree granting educational institutions that hold a certificate of registration from the State Board of Career Colleges and Schools, and nonprofit institutions that have a certificate of authorization issued pursuant to Chapter 1713. of the Revised Code, as well as state-assisted colleges and universities. Grants shall be given to students on the basis of need, as determined by the college, which, in making these determinations, shall give special consideration to single-parent heads-of-household and displaced homemakers who enroll in an educational degree program that prepares the individual for a career. In determining need, the college also shall consider the availability of educational assistance from a student's employer. It is the intent of the General Assembly that these grants not supplant such assistance.
Sec. 89.11. OHIO RESOURCE CENTER FOR MATHEMATICS, SCIENCE, AND READING
The foregoing appropriation item 235-588, Ohio Resource Center for Mathematics, Science, and Reading, shall be used to support a resource center for mathematics, science, and reading to be located at a state-assisted university for the purpose of identifying best educational practices in primary and secondary schools and establishing methods for communicating them to colleges of education and school districts. The Ohio Resource Center for Mathematics, Science, and Reading shall not make available resources that are inconsistent with the K-12 science standards and policies as adopted by the State Board of Education.
INTERNATIONAL CENTER FOR WATER RESOURCES DEVELOPMENT
The foregoing appropriation item 235-595, International Center for Water Resources Development, shall be used to support the International Center for Water Resources Development at Central State University. The center shall develop methods to improve the management of water resources for Ohio and for emerging nations.
HAZARDOUS MATERIALS PROGRAM
The foregoing appropriation item 235-596, Hazardous Materials Program, shall be disbursed to Cleveland State University for the operation of a program to certify firefighters for the handling of hazardous materials. Training shall be available to all Ohio firefighters.
Of the foregoing appropriation item 235-596, Hazardous Materials Program, $130,601 in fiscal year 2004 and $127,337 in fiscal year 2005 shall be used to support the Center for the Interdisciplinary Study of Education and Leadership in Public Service at Cleveland State University. These funds shall be distributed by the Board of Regents and shall be used by the center targeted toward increasing the role of special populations in public service and not-for-profit organizations. The primary purpose of the center is to study issues in public service and to guide strategies for attracting new communities into public service occupations by bringing together a cadre of researchers, scholars, and professionals representing the public administration, social behavioral, and education disciplines.
NATIONAL GUARD SCHOLARSHIP PROGRAM
The foregoing appropriation item 235-599, National Guard Scholarship Program, shall be used to fund program costs, including summer session, under division (D)(1) of section 5919.34 of the Revised Code. The Board of Regents shall disburse funds from appropriation item 235-599, National Guard Scholarship Program, at the direction of the Adjutant General. The unencumbered and unused balance of appropriation item 235-599, National Guard Scholarship Program, at the end of fiscal year 2004 is transferred to fiscal year 2005 for use under the same appropriation item.
* PLEDGE OF FEES
Any new pledge of fees, or new agreement for adjustment of
fees, made in the 2003-2005 biennium to secure bonds or notes of
a
state-assisted institution of higher education for a project
for
which bonds or notes were not outstanding on the effective
date of
this section September 26, 2003, shall be effective only after approval by the
Board
of Regents, unless approved in a previous biennium.
HIGHER EDUCATION GENERAL OBLIGATION DEBT SERVICE
The foregoing appropriation item 235-909, Higher Education General Obligation Debt Service, shall be used to pay all debt service and related financing costs at the times they are required to be made pursuant to sections 151.01 and 151.04 of the Revised Code during the period from July 1, 2003, to June 30, 2005. The Office of the Sinking Fund or the Director of Budget and Management shall effectuate the required payments by an intrastate transfer voucher.
Sec. 145. FEDERAL JOBS AND GROWTH TAX RELIEF RECONCILIATION ACT OF 2003
(A) The enhanced federal medical assistance percentage (FMAP) rate is authorized pursuant to the Federal Jobs and Growth Relief Reconciliation Act of 2003 for the third and fourth calendar quarters of federal fiscal year 2003 and the first, second, and third calendar quarters of federal fiscal year 2004. During this period, the reimbursement rate for all Medicaid service expenditures paid by state or local entities shall be the non-enhanced rate.
(B) During the quarters that the enhanced FMAP rate is authorized pursuant to the Federal Jobs and Growth Relief Reconciliation Act of 2003, when drawing FMAP to the state treasury for Medicaid services paid by the Department of Job and Family Services or other state or local entities, the Department of Job and Family Services shall deposit the amount of federal revenue attributable to the enhanced FMAP that is being made available to the Federal Fiscal Relief Fund, which is hereby created in the state treasury. The disposition of cash from this fund shall occur as follows:
(1) On a schedule to be determined by the Office of Budget and Management, the Director of Budget and Management shall make cash transfers to the Medicaid Reserve Fund, which is hereby created in the state treasury. The total amount transferred shall be up to $18,611,156 in state fiscal year 2004 and up to $90,851,972 in state fiscal year 2005. The Director of Job and Family Services shall make requests to the Director of Budget and Management as necessary to increase the appropriation in appropriation item 600-525, Health Care/Medicaid. The Director of Budget and Management shall transfer the state share of such amounts from the Medicaid Reserve Fund to the General Revenue Fund. The transferred amount plus the federal share associated with this amount is hereby appropriated. The Department of Job and Family Services shall use this appropriation authority to pay claims for Medicaid services.
(2) After the amounts in division (B)(1) of this section have been transferred, The Director of Budget and Management shall determine the amount of enhanced reimbursement that is attributable to Medicaid expenditures for which the state share was paid by one of the following entities: county boards of mental retardation and developmental disabilities; boards of mental health; boards of alcohol, drug addiction, and mental health services; boards of alcohol and drug addiction services; and any other entity that qualifies under the Federal Jobs and Growth Tax Relief Reconciliation Act of 2003. On a schedule to be determined by the Office of Budget and Management, the Director of Budget and Management shall make cash transfers of these amounts from the Federal Fiscal Relief Fund to the Interagency Reimbursement Fund. The appropriation in appropriation item 600-655, Interagency Reimbursement, is hereby increased by these amounts in order to transfer the enhanced reimbursement to other agencies. If necessary, the Office of Budget and Management shall seek Controlling Board approval to increase appropriations in federal appropriation items used by the Department of Mental Retardation and Developmental Disabilities, the Department of Mental Health, and the Department of Alcohol and Drug Addiction Services in order for these departments to pass the enhanced federal share to the aforementioned local entities. The Department of Mental Retardation and Developmental Disabilities, the Department of Mental Health, and the Department of Alcohol and Drug Addiction Services shall distribute such amounts to the boards or entities as listed in this section based on the direction of the Office of Budget and Management.
(3) On a schedule to be determined by the Office of Budget and Management, the Director of Budget and Management shall may transfer the remainder of cash not required by division (B)(1) or (B)(2) of this section in the Federal Fiscal Relief Fund to the General Revenue Fund on a schedule to be determined by the Office of Budget and Management.
SECTION 65. That existing Sections 8.04, 12, 38.12, 41.06, 41.13, 55, 59, 59.29, 66, 89, 89.04, 89.05, 89.08, 89.11, and 145 of Am. Sub. H.B. 95 of the 125th General Assembly are hereby repealed.
SECTION 66. (A) Except as otherwise provided in division (B) of this section, the amendment by this act of sections of Am. Sub. H.B. 95 of the 125th General Assembly, and the items of which the amendments are composed, are not subject to the referendum. Therefore, under Ohio Constitution, Article II, Section 1d and section 1.471 of the Revised Code, the amendments of those sections, and the items of which the amendments are composed, go into immediate effect when this act becomes law.
(B) The amendment by this act of Section 12 of Am. Sub. H.B. 95 of the 125th General Assembly, and the items of which the amendment is composed, are subject to the referendum. Therefore, under Ohio Constitution, Article II, Section 1c and section 1.471 of the Revised Code, the amendment, and the items of which the amendment is composed, take effect on the ninety-first day after this act is filed with the Secretary of State. However, if a referendum petition is filed against the amendment, or an item of which it is composed, the amendment, or item, unless rejected at the referendum, takes effect at the earliest time permitted by law.
SECTION 67. That Section 41.33 of Am. Sub. H.B. 95 of the 125th General Assembly be amended to read as follows:
Sec. 41.33. (A) As used in this section:
(1) "Entitled to attend school" means entitled to attend school in a school district under section 3313.64 and 3313.65 of the Revised Code.
(2) "Formula ADM" and "category six special education ADM" have the same meanings as in section 3317.02 of the Revised Code.
(3) "Individualized education program" has the same meaning as in section 3323.01 of the Revised Code.
(4) "Parent" has the same meaning as in section 3313.64 of the Revised Code.
(5) "Qualified special education child" is a child for whom all of the following conditions apply:
(a) The school district in which the child is entitled to attend school has identified the child as autistic;
(b) The school district in which the child is entitled to attend school has developed an individualized education program under Chapter 3323. of the Revised Code for the child;
(c) The child either:
(i) Was enrolled in the school district in which the child is entitled to attend school in any grade from preschool through twelve in the school year prior to the year in which a scholarship under this section is first sought for the child;
(ii) Is eligible to enter school in any grade preschool through twelve in the school district in which the child is entitled to attend school in the school year in which a scholarship under this section is first sought for the child.
(6) "Registered private provider" means a nonpublic school or other nonpublic entity that has been approved by the Department of Education to participate in the program established under this section.
(B) There is hereby established the Pilot Project Special Education Scholarship Program. Under the program, in fiscal years 2004 and 2005, the Department of Education shall pay a scholarship to the parent of each qualified special education child upon application of that parent pursuant to procedures and deadlines established by rule of the State Board of Education. Each scholarship shall be used only to pay tuition for the child on whose behalf the scholarship is awarded to attend a special education program that implements the child's individualized education program and that is operated by a school district other than the school district in which the child is entitled to attend school or, by another public entity, to either of which under law the parent is required to pay tuition on behalf of the child, or by a registered private provider. Each scholarship shall be in an amount not to exceed the lesser of the tuition charged for the child by the special education program or fifteen thousand dollars. The purpose of the scholarship is to permit the parent of a qualified special education child the choice to send the child to a special education program, instead of, or in addition to, the one operated by or for the school district in which the child is entitled to attend school, to receive the services prescribed in the child's individualized education program once the individualized education program is finalized. A scholarship under this section shall not be awarded to the parent of a child while the child's individualized education program is being developed by the school district in which the child is entitled to attend school, or while any administrative or judicial mediation or proceedings with respect to the content of the child's individualized education program are pending. A scholarship under this section shall not be awarded to the parent of a child who attends used for a child to attend a public special education program that operates under a contract, compact, or other bilateral agreement between the school district in which the child is entitled to attend school and another school district or other public provider, or for a child to the parent of a child who attends attend a community school established under Chapter 3314. of the Revised Code. However, nothing in this section or in any rule adopted by the State Board of Education shall prohibit a parent whose child attends a public special education program under a contract, compact, or other bilateral agreement, or a parent whose child attends a community school, from applying for and accepting a scholarship under this section so that the parent may withdraw the child from that program or community school and use the scholarship for the child to attend a special education program for which the parent is required to pay for services for the child. A child attending a special education program with a scholarship under this section shall continue to be entitled to transportation to and from that program in the manner prescribed by law.
(C)(1) Notwithstanding anything to the contrary in the Revised Code, a child for whom a scholarship is awarded under this section shall be counted in the formula ADM and the category six special education ADM of the district in which the child is entitled to attend school and not in the formula ADM and the category six special education ADM of any other school district.
(2) In each fiscal year, the Department shall deduct from the amounts paid to each school district under Chapter 3317. of the Revised Code, and, if necessary, sections 321.24 and 323.156 of the Revised Code, the aggregate amount of scholarships awarded under this section for qualified special education children included in the formula ADM and category six special education ADM of that school district as provided in division (C)(1) of this section. The scholarships deducted shall be considered as an approved special education and related services expense for the purpose of the school district's compliance with division (C)(5) of section 3317.022 of the Revised Code.
(3) From time to time, the Department shall make a payment to the parent of each qualified special education child for whom a scholarship has been awarded under this section. The scholarship amount shall be proportionately reduced in the case of any such child who is not enrolled in the special education program for which a scholarship was awarded under this section for the entire school year. The Department shall make no payments to the parent of a child while any administrative or judicial mediation or proceedings with respect to the content of the child's individualized education program are pending.
(D) A scholarship shall not be paid to a parent for payment of tuition owed to a nonpublic entity unless that entity is a registered private provider. The Department shall approve entities that meet the standards established by rule of the State Board for the program established under this section.
(E) The State Board shall adopt rules in accordance with Chapter 119. of the Revised Code prescribing procedures necessary to implement this section, including, but not limited to, procedures and deadlines for parents to apply for scholarships, standards for registered private providers, and procedures for approval of entities as registered private providers. The Board shall adopt the rules so that the program established under this section is operational by January 1, 2004.
(F) The Legislative Office of Education Oversight shall conduct a formative evaluation of the program established under this section and shall report its findings to the General Assembly not later than March 1, 2005. In conducting the evaluation, the Office shall to the extent possible gather comments from parents who have been awarded scholarships under the program, school district officials, representatives of registered private providers, educators, and representatives of educational organizations for inclusion in the report required under this section.
SECTION 68. That existing Section 41.33 of Am. Sub. H.B. 95 of the 125th General Assembly is hereby repealed.
SECTION 69. The amendment by this act of Section 41.33 of Am. Sub. H.B. 95 of the 125th General Assembly, and the items of which the amendment is composed, are not subject to the referendum. Therefore, under Ohio Constitution, Article II, Section 1d and section 1.471 of the Revised Code, the amendment of that section, and the items of which that amendment is composed, go into immediate effect when this act becomes law.
SECTION 70. Notwithstanding section 3302.03 of the Revised Code, no school district shall receive a performance rating, as designated pursuant to division (B) of that section, for the 2003-2004 school year that is lower than the performance rating the district received for the 2002-2003 school year if both of the following apply to the district:
(A) The district's performance index score for the 2003-2004 school year is higher than its performance index score for the 2002-2003 school year;
(B) The district achieves at least the same number of performance indicators created by the State Board of Education under section 3302.02 of the Revised Code for the 2003-2004 school year that it achieved for the 2002-2003 school year from among those indicators based on student performance on the fourth and sixth grade proficiency tests and on the cumulative results through tenth grade of student performance on the ninth grade proficiency tests.
SECTION 71. (A) This section shall apply only to a local school district that ceded part of its territory to one or more new local school districts created by resolution of an educational service center pursuant to either former section 3311.26 of the Revised Code, as it existed prior to September 26, 2003, or the second to last paragraph of the version of that section in effect on and after that date.
(B) Notwithstanding division (B) of section 3311.059 of the Revised Code, as amended by this act, if the board of education of a local school district to which this section applies adopts a resolution pursuant to division (A) of that section within two years after the latest date that a new local school district is created from the district's territory, both of the following apply:
(1) The resolution is not subject to approval by the State Board of Education;
(2) The school district's annexation to the educational service center named in the resolution shall take effect the first day of July following the latest of:
(a) Sixty days after the board of education adopts the resolution;
(b) The date the board of elections certifies the insufficiency of signatures on a referendum petition as provided in division (C) of that section;
(c) The date the board of elections certifies that a majority of the electors voting on the referendum election as provided in division (C) of that section approves the resolution.
(C) 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 72. TRANSFERS TO THE SCHOOL DISTRICT SOLVENCY ASSISTANCE FUND (FUND 5H3)
Notwithstanding any provision of law to the contrary, upon the request of the Superintendent of Public Instruction, the Director of Budget and Management may make transfers of cash to the School District Solvency Assistance Fund (Fund 5H3) from any Department of Education administered fund or the General Revenue Fund to maintain sufficient cash balances in the School District Solvency Assistance Fund (Fund 5H3) in fiscal years 2004 and 2005 for providing assistance and grants to school districts to enable them to remain solvent and to pay unforeseeable expenses of a temporary or emergency nature that they are unable to pay from existing resources. The Director of Budget and Management shall notify the members of the Controlling Board of any such transfers.
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 73. The Sports Facilities Building Fund (Fund 024) previously created by section 3383.09 of the Revised Code shall be closed and any unexpended balance or earnings shall be transferred and credited to the Arts and Sports Facilities Building Fund (Fund 030) created by section 3383.09 of the Revised Code, as amended by this act, and segregated within the Arts and Sports Facilities Building Fund and used, with any investment earnings on such amounts, to pay costs of Ohio sports facilities.
Any unencumbered and unallotted appropriations set forth in Section 9.01 of H.B. 675 and Section 14 of Am. Sub. H.B. 524 of the 124th General Assembly that were appropriated out of any money in the state treasury to the credit of the Sports Facilities Building Fund are hereby transferred to the Arts and Sports Facilities Building Fund, subject to the conditions specified in those sections. Any encumbrances on the Sports Facilities Building Fund are hereby cancelled and re-established in the Arts and Sports Facilities Building Fund.
Any heretofore unutilized amounts of separate authorizations 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. and any other applicable provisions of the Revised Code, to pay costs of capital facilities or improvements for Ohio arts facilities and for Ohio sports facilities are hereby combined into a common authorization. The Ohio Building Authority is hereby authorized to issue and sell those obligations, in accordance with and subject to the applicable limitations in Section 2i of Article VIII, Ohio Constitution, and Chapter 152. and other applicable provisions of the Revised Code, to pay the costs of capital facilities consisting of Ohio arts facilities and Ohio sports facilities, as defined in section 3383.01 of the Revised Code.
SECTION 74. Not later than June 30, 2005, the Director of Mental Health shall revise rule 5122-29-06 of the Administrative Code regarding the certification standards for the partial-hospitalization community mental health service. As part of the revision, the Director shall address client eligibility criteria.
SECTION 75. JOB AND FAMILY SERVICES - CHILDREN AND FAMILY SUBSIDY
In fiscal year 2004, appropriation item 600-523, Children and Family Subsidy, shall be increased by $4,524,074 to pay for foster care training that occurred in a prior fiscal year. This amount is hereby appropriated.
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 76. ADJ ADJUTANT GENERAL – OUTER TACTICAL VESTS WITH CERAMIC INSERTS
In fiscal years 2004 and 2005, if the Adjutant General determines that state funding is needed to purchase outer tactical vests with ceramic inserts for any member of the Ohio National Guard who is sent into "Operation Iraqi Freedom," "Operation Enduring Freedom," or any other combat zone, the Adjutant General, in consultation with the Director of Budget and Management, may seek approval of the Controlling Board for such funding from funds appropriated to General Revenue Fund appropriation item 911-401, Emergency Purposes/Contingencies, of the Controlling Board.
As used in this section, "Operation Iraqi Freedom" means the period of conflict that began March 20, 2003, and ends on a date declared by the President of the United States or the Congress.
As used in this section, "Operation Enduring Freedom" means the period of conflict that began October 7, 2001, and ends on a date declared by the President of the United States or the Congress.
As used in this section, "combat zone" means an area that the President of the United States by executive order designates, for purposes of 26 U.S.C. 112, as an area in which armed forces of the United States are or have engaged in combat.
SECTION 77. The amendment by this act of section 6301.03 of the Revised Code applies on and after July 1, 2004. Local areas and sub-recipients of a local area may continue to use the public assistance fund to facilitate close out of workforce development activities conducted pursuant to the "Workforce Investment Act of 1998," 112 Stat. 936, 29 U.S.C.A. 2801, as amended, or Chapter 6301. of the Revised Code that occurred prior to July 1, 2004.
SECTION 78. Except as otherwise specifically provided in this act, the codified and uncodified sections of law amended or enacted by this act, and the items of law of which the codified and uncodified sections of law amended or enacted by this act are composed, are subject to the referendum. Therefore, under section 1c of Article II, Ohio Constitution and section 1.471 of the Revised Code, the codified and uncodified sections of law amended or enacted by this act, and the items of law of which the codified and uncodified sections amended or enacted by this act are composed, take effect on the ninety-first day after this act is filed with the Secretary of State. If, however, a referendum petition is filed against any such codified or uncodified section of law as amended or enacted by this act, or against any item of law of which any such codified or uncodified section of law as amended or enacted by this act is composed, the codified or uncodified section of law as amended or enacted, or item of law, unless rejected at the referendum, takes effect at the earliest time permitted by law.
SECTION 79. The repeal by this act of sections 152.101 and 901.85 of the Revised Code is subject to the referendum. Therefore, under Ohio Constitution, Article II, Section 1c and section 1.471 of the Revised Code, the repeals take effect on the ninety-first day after this act is filed with the Secretary of State. However, if a referendum petition is filed against either of the repeals, the repeal, unless rejected at the referendum, takes effect at the earliest time permitted by law.
SECTION 80. The amendment by this act of sections 124.15, 124.152, 124.181, 124.183, 124.382, 126.32, 175.21, 3311.059, 4701.03, and 5111.022 of the Revised Code, and the items of which the amendments are composed, are not subject to the referendum. Therefore, under Ohio Constitution, Article II, Section 1d and section 1.471 of the Revised Code, the amendment by this act of those sections, and the items of which the amendments are composed, go into immediate effect when this act becomes law.
SECTION 81. 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 of law contained in this act are composed, and their applications, are independent and severable.