SENATOR Harris

To amend sections 102.02, 123.01, 123.10, 124.15,

1

124.152, 124.181, 124.183, 124.382, 126.32,

2

152.09, 175.21, 3327.01, 3334.01, 3383.09,

3

3701.881, 3712.09, 3734.02, 3734.18, 3734.57,

4

3781.19, 4701.03, 4707.05, 5111.022, 5119.18,

5

5123.352, 5731.47, and 5731.48, to repeal sections

6

152.101 and 901.85 of the Revised Code, and to

7

amend Sections 8.04, 12, 41.06, 41.13, 55, 59, 66,

8

89.04, 89.05, 89.08, and 145 of Am. Sub. H.B. 95

9

of the 125th General Assembly to make capital

10

reappropriations for the biennium ending June 30,

11

2006, to make certain supplemental and capital

12

appropriations, and to provide authorization and

13

conditions for the operation of state programs.

14

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

Section 1. That sections 102.02, 123.01, 123.10, 124.15,	15
124.152, 124.181, 124.183, 124.382, 126.32, 152.09, 175.21,	16
3327.01, 3334.01, 3383.09, 3701.881, 3712.09, 3734.02, 3734.18,	17
3734.57, 3781.19, 4701.03, 4707.05, 5111.022, 5119.18, 5123.352,	18
5731.47, and 5731.48 of the Revised Code be amended to read as	19
follows:	20

Sec. 102.02.  (A) Except as otherwise provided in division	21
(H) of this section, every person who is elected to or is a	22
candidate for a state, county, or city office, or the office of	23
member of the United States congress, and every person who is	24
appointed to fill a vacancy for an unexpired term in such an	25
elective office; all members of the state board of education; the	26
director, assistant directors, deputy directors, division chiefs,	27
or persons of equivalent rank of any administrative department of	28
the state; the president or other chief administrative officer of	29
every state institution of higher education as defined in section	30
3345.011 of the Revised Code; the chief executive officer of each	31
state retirement system; all members of the board of commissioners	32
on grievances and discipline of the supreme court and the ethics	33
commission created under section 102.05 of the Revised Code; every	34
business manager, treasurer, or superintendent of a city, local,	35
exempted village, joint vocational, or cooperative education	36
school district or an educational service center; every person who	37
is elected to or is a candidate for the office of member of a	38
board of education of a city, local, exempted village, joint	39
vocational, or cooperative education school district or of a	40
governing board of an educational service center that has a total	41
student count of twelve thousand or more as most recently	42
determined by the department of education pursuant to section	43
3317.03 of the Revised Code; every person who is appointed to the	44
board of education of a municipal school district pursuant to	45
division (B) or (F) of section 3311.71 of the Revised Code; all	46
members of the board of directors of a sanitary district that is	47
established under Chapter 6115. of the Revised Code and organized	48
wholly for the purpose of providing a water supply for domestic,	49
municipal, and public use, and that includes two municipal	50
corporations in two counties; every public official or employee	51
who is paid a salary or wage in accordance with schedule C of	52
section 124.15 or schedule E-2 of section 124.152 of the Revised	53
Code; members of the board of trustees and the executive director	54
of the tobacco use prevention and control foundation; members of	55
the board of trustees and the executive director of the southern	56
Ohio agricultural and community development foundation; and every	57
other public official or employee who is designated by the	58
appropriate ethics commission pursuant to division (B) of this	59
section shall file with the appropriate ethics commission on a	60
form prescribed by the commission, a statement disclosing all of	61
the following:	62

(1) The name of the person filing the statement and each	63
member of the person's immediate family and all names under which	64
the person or members of the person's immediate family do	65
business;	66

(2)(a) Subject to divisions (A)(2)(b) and (c) of this section	67
and except as otherwise provided in section 102.022 of the Revised	68
Code, identification of every source of income, other than income	69
from a legislative agent identified in division (A)(2)(b) of this	70
section, received during the preceding calendar year, in the	71
person's own name or by any other person for the person's use or	72
benefit, by the person filing the statement, and a brief	73
description of the nature of the services for which the income was	74
received. If the person filing the statement is a member of the	75
general assembly, the statement shall identify the amount of every	76
source of income received in accordance with the following ranges	77
of amounts: zero or more, but less than one thousand dollars; one	78
thousand dollars or more, but less than ten thousand dollars; ten	79
thousand dollars or more, but less than twenty-five thousand	80
dollars; twenty-five thousand dollars or more, but less than fifty	81
thousand dollars; fifty thousand dollars or more, but less than	82
one hundred thousand dollars; and one hundred thousand dollars or	83
more. Division (A)(2)(a) of this section shall not be construed to	84
require a person filing the statement who derives income from a	85
business or profession to disclose the individual items of income	86
that constitute the gross income of that business or profession,	87
except for those individual items of income that are attributable	88
to the person's or, if the income is shared with the person, the	89
partner's, solicitation of services or goods or performance,	90
arrangement, or facilitation of services or provision of goods on	91
behalf of the business or profession of clients, including	92
corporate clients, who are legislative agents as defined in	93
section 101.70 of the Revised Code. A person who files the	94
statement under this section shall disclose the identity of and	95
the amount of income received from a person who the public	96
official or employee knows or has reason to know is doing or	97
seeking to do business of any kind with the public official's or	98
employee's agency.	99

(b) If the person filing the statement is a member of the	100
general assembly, the statement shall identify every source of	101
income and the amount of that income that was received from a	102
legislative agent, as defined in section 101.70 of the Revised	103
Code, during the preceding calendar year, in the person's own name	104
or by any other person for the person's use or benefit, by the	105
person filing the statement, and a brief description of the nature	106
of the services for which the income was received. Division	107
(A)(2)(b) of this section requires the disclosure of clients of	108
attorneys or persons licensed under section 4732.12 of the Revised	109
Code, or patients of persons certified under section 4731.14 of	110
the Revised Code, if those clients or patients are legislative	111
agents. Division (A)(2)(b) of this section requires a person	112
filing the statement who derives income from a business or	113
profession to disclose those individual items of income that	114
constitute the gross income of that business or profession that	115
are received from legislative agents.	116

(c) Except as otherwise provided in division (A)(2)(c) of	117
this section, division (A)(2)(a) of this section applies to	118
attorneys, physicians, and other persons who engage in the	119
practice of a profession and who, pursuant to a section of the	120
Revised Code, the common law of this state, a code of ethics	121
applicable to the profession, or otherwise, generally are required	122
not to reveal, disclose, or use confidences of clients, patients,	123
or other recipients of professional services except under	124
specified circumstances or generally are required to maintain	125
those types of confidences as privileged communications except	126
under specified circumstances. Division (A)(2)(a) of this section	127
does not require an attorney, physician, or other professional	128
subject to a confidentiality requirement as described in division	129
(A)(2)(c) of this section to disclose the name, other identity, or	130
address of a client, patient, or other recipient of professional	131
services if the disclosure would threaten the client, patient, or	132
other recipient of professional services, would reveal details of	133
the subject matter for which legal, medical, or professional	134
advice or other services were sought, or would reveal an otherwise	135
privileged communication involving the client, patient, or other	136
recipient of professional services. Division (A)(2)(a) of this	137
section does not require an attorney, physician, or other	138
professional subject to a confidentiality requirement as described	139
in division (A)(2)(c) of this section to disclose in the brief	140
description of the nature of services required by division	141
(A)(2)(a) of this section any information pertaining to specific	142
professional services rendered for a client, patient, or other	143
recipient of professional services that would reveal details of	144
the subject matter for which legal, medical, or professional	145
advice was sought or would reveal an otherwise privileged	146
communication involving the client, patient, or other recipient of	147
professional services.	148

(3) The name of every corporation on file with the secretary	149
of state that is incorporated in this state or holds a certificate	150
of compliance authorizing it to do business in this state, trust,	151
business trust, partnership, or association that transacts	152
business in this state in which the person filing the statement or	153
any other person for the person's use and benefit had during the	154
preceding calendar year an investment of over one thousand dollars	155
at fair market value as of the thirty-first day of December of the	156
preceding calendar year, or the date of disposition, whichever is	157
earlier, or in which the person holds any office or has a	158
fiduciary relationship, and a description of the nature of the	159
investment, office, or relationship. Division (A)(3) of this	160
section does not require disclosure of the name of any bank,	161
savings and loan association, credit union, or building and loan	162
association with which the person filing the statement has a	163
deposit or a withdrawable share account.	164

(4) All fee simple and leasehold interests to which the	165
person filing the statement holds legal title to or a beneficial	166
interest in real property located within the state, excluding the	167
person's residence and property used primarily for personal	168
recreation;	169

(5) The names of all persons residing or transacting business	170
in the state to whom the person filing the statement owes, in the	171
person's own name or in the name of any other person, more than	172
one thousand dollars. Division (A)(5) of this section shall not be	173
construed to require the disclosure of debts owed by the person	174
resulting from the ordinary conduct of a business or profession or	175
debts on the person's residence or real property used primarily	176
for personal recreation, except that the superintendent of	177
financial institutions shall disclose the names of all	178
state-chartered savings and loan associations and of all service	179
corporations subject to regulation under division (E)(2) of	180
section 1151.34 of the Revised Code to whom the superintendent in	181
the superintendent's own name or in the name of any other person	182
owes any money, and that the superintendent and any deputy	183
superintendent of banks shall disclose the names of all	184
state-chartered banks and all bank subsidiary corporations subject	185
to regulation under section 1109.44 of the Revised Code to whom	186
the superintendent or deputy superintendent owes any money.	187

(6) The names of all persons residing or transacting business	188
in the state, other than a depository excluded under division	189
(A)(3) of this section, who owe more than one thousand dollars to	190
the person filing the statement, either in the person's own name	191
or to any person for the person's use or benefit. Division (A)(6)	192
of this section shall not be construed to require the disclosure	193
of clients of attorneys or persons licensed under section 4732.12	194
or 4732.15 of the Revised Code, or patients of persons certified	195
under section 4731.14 of the Revised Code, nor the disclosure of	196
debts owed to the person resulting from the ordinary conduct of a	197
business or profession.	198

(7) Except as otherwise provided in section 102.022 of the	199
Revised Code, the source of each gift of over seventy-five	200
dollars, or of each gift of over twenty-five dollars received by a	201
member of the general assembly from a legislative agent, received	202
by the person in the person's own name or by any other person for	203
the person's use or benefit during the preceding calendar year,	204
except gifts received by will or by virtue of section 2105.06 of	205
the Revised Code, or received from spouses, parents, grandparents,	206
children, grandchildren, siblings, nephews, nieces, uncles, aunts,	207
brothers-in-law, sisters-in-law, sons-in-law, daughters-in-law,	208
fathers-in-law, mothers-in-law, or any person to whom the person	209
filing the statement stands in loco parentis, or received by way	210
of distribution from any inter vivos or testamentary trust	211
established by a spouse or by an ancestor;	212

(8) Except as otherwise provided in section 102.022 of the	213
Revised Code, identification of the source and amount of every	214
payment of expenses incurred for travel to destinations inside or	215
outside this state that is received by the person in the person's	216
own name or by any other person for the person's use or benefit	217
and that is incurred in connection with the person's official	218
duties, except for expenses for travel to meetings or conventions	219
of a national or state organization to which any state agency,	220
including, but not limited to, any legislative agency or state	221
institution of higher education as defined in section 3345.011 of	222
the Revised Code, pays membership dues, or any political	223
subdivision or any office or agency of a political subdivision	224
pays membership dues;	225

(9) Except as otherwise provided in section 102.022 of the	226
Revised Code, identification of the source of payment of expenses	227
for meals and other food and beverages, other than for meals and	228
other food and beverages provided at a meeting at which the person	229
participated in a panel, seminar, or speaking engagement or at a	230
meeting or convention of a national or state organization to which	231
any state agency, including, but not limited to, any legislative	232
agency or state institution of higher education as defined in	233
section 3345.011 of the Revised Code, pays membership dues, or any	234
political subdivision or any office or agency of a political	235
subdivision pays membership dues, that are incurred in connection	236
with the person's official duties and that exceed one hundred	237
dollars aggregated per calendar year;	238

(10) If the financial disclosure statement is filed by a	239
public official or employee described in division (B)(2) of	240
section 101.73 of the Revised Code or division (B)(2) of section	241
121.63 of the Revised Code who receives a statement from a	242
legislative agent, executive agency lobbyist, or employer that	243
contains the information described in division (F)(2) of section	244
101.73 of the Revised Code or division (G)(2) of section 121.63 of	245
the Revised Code, all of the nondisputed information contained in	246
the statement delivered to that public official or employee by the	247
legislative agent, executive agency lobbyist, or employer under	248
division (F)(2) of section 101.73 or (G)(2) of section 121.63 of	249
the Revised Code. As used in division (A)(10) of this section,	250
"legislative agent," "executive agency lobbyist," and "employer"	251
have the same meanings as in sections 101.70 and 121.60 of the	252
Revised Code.	253

A person may file a statement required by this section in	254
person or by mail. A person who is a candidate for elective office	255
shall file the statement no later than the thirtieth day before	256
the primary, special, or general election at which the candidacy	257
is to be voted on, whichever election occurs soonest, except that	258
a person who is a write-in candidate shall file the statement no	259
later than the twentieth day before the earliest election at which	260
the person's candidacy is to be voted on. A person who holds	261
elective office shall file the statement on or before the	262
fifteenth day of April of each year unless the person is a	263
candidate for office. A person who is appointed to fill a vacancy	264
for an unexpired term in an elective office shall file the	265
statement within fifteen days after the person qualifies for	266
office. Other persons shall file an annual statement on or before	267
the fifteenth day of April or, if appointed or employed after that	268
date, within ninety days after appointment or employment. No	269
person shall be required to file with the appropriate ethics	270
commission more than one statement or pay more than one filing fee	271
for any one calendar year.	272

The appropriate ethics commission, for good cause, may extend	273
for a reasonable time the deadline for filing a statement under	274
this section.	275

A statement filed under this section is subject to public	276
inspection at locations designated by the appropriate ethics	277
commission except as otherwise provided in this section.	278

(B) The Ohio ethics commission, the joint legislative ethics	279
committee, and the board of commissioners on grievances and	280
discipline of the supreme court, using the rule-making procedures	281
of Chapter 119. of the Revised Code, may require any class of	282
public officials or employees under its jurisdiction and not	283
specifically excluded by this section whose positions involve a	284
substantial and material exercise of administrative discretion in	285
the formulation of public policy, expenditure of public funds,	286
enforcement of laws and rules of the state or a county or city, or	287
the execution of other public trusts, to file an annual statement	288
on or before the fifteenth day of April under division (A) of this	289
section. The appropriate ethics commission shall send the public	290
officials or employees written notice of the requirement by the	291
fifteenth day of February of each year the filing is required	292
unless the public official or employee is appointed after that	293
date, in which case the notice shall be sent within thirty days	294
after appointment, and the filing shall be made not later than	295
ninety days after appointment.	296

Except for disclosure statements filed by members of the	297
board of trustees and the executive director of the tobacco use	298
prevention and control foundation and members of the board of	299
trustees and the executive director of the southern Ohio	300
agricultural and community development foundation, disclosure	301
statements filed under this division with the Ohio ethics	302
commission by members of boards, commissions, or bureaus of the	303
state for which no compensation is received other than reasonable	304
and necessary expenses shall be kept confidential. Disclosure	305
statements filed with the Ohio ethics commission under division	306
(A) of this section by business managers, treasurers, and	307
superintendents of city, local, exempted village, joint	308
vocational, or cooperative education school districts or	309
educational service centers shall be kept confidential, except	310
that any person conducting an audit of any such school district or	311
educational service center pursuant to section 115.56 or Chapter	312
117. of the Revised Code may examine the disclosure statement of	313
any business manager, treasurer, or superintendent of that school	314
district or educational service center. The Ohio ethics commission	315
shall examine each disclosure statement required to be kept	316
confidential to determine whether a potential conflict of interest	317
exists for the person who filed the disclosure statement. A	318
potential conflict of interest exists if the private interests of	319
the person, as indicated by the person's disclosure statement,	320
might interfere with the public interests the person is required	321
to serve in the exercise of the person's authority and duties in	322
the person's office or position of employment. If the commission	323
determines that a potential conflict of interest exists, it shall	324
notify the person who filed the disclosure statement and shall	325
make the portions of the disclosure statement that indicate a	326
potential conflict of interest subject to public inspection in the	327
same manner as is provided for other disclosure statements. Any	328
portion of the disclosure statement that the commission determines	329
does not indicate a potential conflict of interest shall be kept	330
confidential by the commission and shall not be made subject to	331
public inspection, except as is necessary for the enforcement of	332
Chapters 102. and 2921. of the Revised Code and except as	333
otherwise provided in this division.	334

(C) No person shall knowingly fail to file, on or before the	335
applicable filing deadline established under this section, a	336
statement that is required by this section.	337

(D) No person shall knowingly file a false statement that is	338
required to be filed under this section.	339

(E)(1) Except as provided in divisions (E)(2) and (3) of this	340
section, the statement required by division (A) or (B) of this	341
section shall be accompanied by a filing fee of forty dollars.	342

(2) The statement required by division (A) of this section	343
shall be accompanied by the following filing fee to be paid by the	344
person who is elected or appointed to, or is a candidate for, any	345
of the following offices:	346

(3) No judge of a court of record or candidate for judge of a	366
court of record, and no referee or magistrate serving a court of	367
record, shall be required to pay the fee required under division	368
(E)(1) or (2) or (F) of this section.	369

(4) For any public official who is appointed to a nonelective	370
office of the state and for any employee who holds a nonelective	371
position in a public agency of the state, the state agency that is	372
the primary employer of the state official or employee shall pay	373
the fee required under division (E)(1) or (F) of this section.	374

(F) If a statement required to be filed under this section is	375
not filed by the date on which it is required to be filed, the	376
appropriate ethics commission shall assess the person required to	377
file the statement a late filing fee of ten dollars for each day	378
the statement is not filed, except that the total amount of the	379
late filing fee shall not exceed two hundred fifty dollars.	380

(G)(1) The appropriate ethics commission other than the Ohio	381
ethics commission shall deposit all fees it receives under	382
divisions (E) and (F) of this section into the general revenue	383
fund of the state.	384

(2) The Ohio ethics commission shall deposit all receipts,	385
including, but not limited to, fees it receives under divisions	386
(E) and (F) of this section and all moneys it receives from	387
settlements under division (G) of section 102.06 of the Revised	388
Code, into the Ohio ethics commission fund, which is hereby	389
created in the state treasury. All moneys credited to the fund	390
shall be used solely for expenses related to the operation and	391
statutory functions of the commission.	392

(H) Division (A) of this section does not apply to a person	393
elected or appointed to the office of precinct, ward, or district	394
committee member under Chapter 3517. of the Revised Code; a	395
presidential elector; a delegate to a national convention; village	396
or township officials and employees; any physician or psychiatrist	397
who is paid a salary or wage in accordance with schedule C of	398
section 124.15 or schedule E-2 of section 124.152 of the Revised	399
Code and whose primary duties do not require the exercise of	400
administrative discretion; or any member of a board, commission,	401
or bureau of any county or city who receives less than one	402
thousand dollars per year for serving in that position.	403

Sec. 123.01.  (A) The department of administrative services,	404
in addition to those powers enumerated in Chapters 124. and 125.	405
of the Revised Code, and as provided elsewhere by law, shall	406
exercise the following powers:	407

(1) To prepare, or contract to be prepared, by licensed	408
engineers or architects, surveys, general and detailed plans,	409
specifications, bills of materials, and estimates of cost for any	410
projects, improvements, or public buildings to be constructed by	411
state agencies that may be authorized by legislative	412
appropriations or any other funds made available therefor,	413
provided that the construction of the projects, improvements, or	414
public buildings is a statutory duty of the department. This	415
section does not require the independent employment of an	416
architect or engineer as provided by section 153.01 of the Revised	417
Code in the cases to which that section applies nor affect or	418
alter the existing powers of the director of transportation.	419

(2) To have general supervision over the construction of any	420
projects, improvements, or public buildings constructed for a	421
state agency and over the inspection of materials previous to	422
their incorporation into those projects, improvements, or	423
buildings;	424

(3) To make contracts for and supervise the construction of	425
any projects and improvements or the construction and repair of	426
buildings under the control of a state agency, except contracts	427
for the repair of buildings under the management and control of	428
the departments of public safety, job and family services, mental	429
health, mental retardation and developmental disabilities,	430
rehabilitation and correction, and youth services, the bureau of	431
workers' compensation, the rehabilitation services commission, and	432
boards of trustees of educational and benevolent institutions.	433
These contracts shall be made and entered into by the directors of	434
public safety, job and family services, mental health, mental	435
retardation and developmental disabilities, rehabilitation and	436
correction, and youth services, the administrator of workers'	437
compensation, the rehabilitation services commission, and the	438
boards of trustees of such institutions, respectively. All such	439
contracts may be in whole or in part on unit price basis of	440
maximum estimated cost, with payment computed and made upon actual	441
quantities or units.	442

(4) To prepare and suggest comprehensive plans for the	443
development of grounds and buildings under the control of a state	444
agency;	445

(5) To acquire, by purchase, gift, devise, lease, or grant,	446
all real estate required by a state agency, in the exercise of	447
which power the department may exercise the power of eminent	448
domain, in the manner provided by sections 163.01 to 163.22 of the	449
Revised Code;	450

(6) To make and provide all plans, specifications, and models	451
for the construction and perfection of all systems of sewerage,	452
drainage, and plumbing for the state in connection with buildings	453
and grounds under the control of a state agency;	454

(7) To erect, supervise, and maintain all public monuments	455
and memorials erected by the state, except where the supervision	456
and maintenance is otherwise provided by law;	457

(8) To procure, by lease, storage accommodations for a state	458
agency;	459

(9) To lease or grant easements or licenses for unproductive	460
and unused lands or other property under the control of a state	461
agency. Such leases, easements, or licenses shall be granted for a	462
period not to exceed fifteen years and shall be executed for the	463
state by the director of administrative services and the governor	464
and shall be approved as to form by the attorney general, provided	465
that leases, easements, or licenses may be granted to any county,	466
township, municipal corporation, port authority, water or sewer	467
district, school district, library district, health district, park	468
district, soil and water conservation district, conservancy	469
district, or other political subdivision or taxing district, or	470
any agency of the United States government, for the exclusive use	471
of that agency, political subdivision, or taxing district, without	472
any right of sublease or assignment, for a period not to exceed	473
fifteen years, and provided that the director shall grant leases,	474
easements, or licenses of university land for periods not to	475
exceed twenty-five years for purposes approved by the respective	476
university's board of trustees wherein the uses are compatible	477
with the uses and needs of the university and may grant leases of	478
university land for periods not to exceed forty years for purposes	479
approved by the respective university's board of trustees pursuant	480
to section 123.77 of the Revised Code.	481

(10) To lease office space in buildings for the use of a	482
state agency;	483

(11) To have general supervision and care of the storerooms,	484
offices, and buildings leased for the use of a state agency;	485

(12) To exercise general custodial care of all real property	486
of the state;	487

(13) To assign and group together state offices in any city	488
in the state and to establish, in cooperation with the state	489
agencies involved, rules governing space requirements for office	490
or storage use;	491

(14) To lease for a period not to exceed forty years,	492
pursuant to a contract providing for the construction thereof	493
under a lease-purchase plan, buildings, structures, and other	494
improvements for any public purpose, and, in conjunction	495
therewith, to grant leases, easements, or licenses for lands under	496
the control of a state agency for a period not to exceed forty	497
years. The lease-purchase plan shall provide that at the end of	498
the lease period, the buildings, structures, and related	499
improvements, together with the land on which they are situated,	500
shall become the property of the state without cost.	501

(a) Whenever any building, structure, or other improvement is	502
to be so leased by a state agency, the department shall retain	503
either basic plans, specifications, bills of materials, and	504
estimates of cost with sufficient detail to afford bidders all	505
needed information or, alternatively, all of the following plans,	506
details, bills of materials, and specifications:	507

(i) Full and accurate plans suitable for the use of mechanics	508
and other builders in the improvement;	509

(ii) Details to scale and full sized, so drawn and	510
represented as to be easily understood;	511

(iii) Accurate bills showing the exact quantity of different	512
kinds of material necessary to the construction;	513

(iv) Definite and complete specifications of the work to be	514
performed, together with such directions as will enable a	515
competent mechanic or other builder to carry them out and afford	516
bidders all needed information;	517

(v) A full and accurate estimate of each item of expense and	518
of the aggregate cost thereof.	519

(b) The department shall give public notice, in such	520
newspaper, in such form, and with such phraseology as the director	521
of administrative services prescribes, published once each week	522
for four consecutive weeks, of the time when and place where bids	523
will be received for entering into an agreement to lease to a	524
state agency a building, structure, or other improvement. The last	525
publication shall be at least eight days preceding the day for	526
opening the bids. The bids shall contain the terms upon which the	527
builder would propose to lease the building, structure, or other	528
improvement to the state agency. The form of the bid approved by	529
the department shall be used, and a bid is invalid and shall not	530
be considered unless that form is used without change, alteration,	531
or addition. Before submitting bids pursuant to this section, any	532
builder shall comply with Chapter 153. of the Revised Code.	533

(c) On the day and at the place named for receiving bids for	534
entering into lease agreements with a state agency, the director	535
of administrative services shall open the bids and shall publicly	536
proceed immediately to tabulate the bids upon duplicate sheets. No	537
lease agreement shall be entered into until the bureau of workers'	538
compensation has certified that the person to be awarded the lease	539
agreement has complied with Chapter 4123. of the Revised Code,	540
until, if the builder submitting the lowest and best bid is a	541
foreign corporation, the secretary of state has certified that the	542
corporation is authorized to do business in this state, until, if	543
the builder submitting the lowest and best bid is a person	544
nonresident of this state, the person has filed with the secretary	545
of state a power of attorney designating the secretary of state as	546
its agent for the purpose of accepting service of summons in any	547
action brought under Chapter 4123. of the Revised Code, and until	548
the agreement is submitted to the attorney general and the	549
attorney general's approval is certified thereon. Within thirty	550
days after the day on which the bids are received, the department	551
shall investigate the bids received and shall determine that the	552
bureau and the secretary of state have made the certifications	553
required by this section of the builder who has submitted the	554
lowest and best bid. Within ten days of the completion of the	555
investigation of the bids, the department shall award the lease	556
agreement to the builder who has submitted the lowest and best bid	557
and who has been certified by the bureau and secretary of state as	558
required by this section. If bidding for the lease agreement has	559
been conducted upon the basis of basic plans, specifications,	560
bills of materials, and estimates of costs, upon the award to the	561
builder the department, or the builder with the approval of the	562
department, shall appoint an architect or engineer licensed in	563
this state to prepare such further detailed plans, specifications,	564
and bills of materials as are required to construct the building,	565
structure, or improvement. The department shall adopt such rules	566
as are necessary to give effect to this section. The department	567
may reject any bid. Where there is reason to believe there is	568
collusion or combination among bidders, the bids of those	569
concerned therein shall be rejected.	570

(15) To acquire by purchase, gift, devise, or grant and to	571
transfer, lease, or otherwise dispose of all real property	572
required to assist in the development of a conversion facility as	573
defined in section 5709.30 of the Revised Code as that section	574
existed before its repeal by H.B. 95 of the 125th general	575
assembly;	576

(16) To lease for a period not to exceed forty years,	577
notwithstanding any other division of this section, the	578
state-owned property located at 408-450 East Town Street,	579
Columbus, Ohio, formerly the state school for the deaf, to a	580
developer in accordance with this section. "Developer," as used in	581
this section, has the same meaning as in section 123.77 of the	582
Revised Code.	583

Such a lease shall be for the purpose of development of the	584
land for use by senior citizens by constructing, altering,	585
renovating, repairing, expanding, and improving the site as it	586
existed on June 25, 1982. A developer desiring to lease the land	587
shall prepare for submission to the department a plan for	588
development. Plans shall include provisions for roads, sewers,	589
water lines, waste disposal, water supply, and similar matters to	590
meet the requirements of state and local laws. The plans shall	591
also include provision for protection of the property by insurance	592
or otherwise, and plans for financing the development, and shall	593
set forth details of the developer's financial responsibility.	594

The department may employ, as employees or consultants,	595
persons needed to assist in reviewing the development plans. Those	596
persons may include attorneys, financial experts, engineers, and	597
other necessary experts. The department shall review the	598
development plans and may enter into a lease if it finds all of	599
the following:	600

(a) The best interests of the state will be promoted by	601
entering into a lease with the developer;	602

(b) The development plans are satisfactory;

603

(c) The developer has established the developer's financial	604
responsibility and satisfactory plans for financing the	605
development.	606

The lease shall contain a provision that construction or	607
renovation of the buildings, roads, structures, and other	608
necessary facilities shall begin within one year after the date of	609
the lease and shall proceed according to a schedule agreed to	610
between the department and the developer or the lease will be	611
terminated. The lease shall contain such conditions and	612
stipulations as the director considers necessary to preserve the	613
best interest of the state. Moneys received by the state pursuant	614
to this lease shall be paid into the general revenue fund. The	615
lease shall provide that at the end of the lease period the	616
buildings, structures, and related improvements shall become the	617
property of the state without cost.	618

(17) To lease to any person any tract of land owned by the	619
state and under the control of the department, or any part of such	620
a tract, for the purpose of drilling for or the pooling of oil or	621
gas. Such a lease shall be granted for a period not exceeding	622
forty years, with the full power to contract for, determine the	623
conditions governing, and specify the amount the state shall	624
receive for the purposes specified in the lease, and shall be	625
prepared as in other cases.	626

(18) Biennially implementTo manage the use of space owned	627
and controlled by the department, including space in property	628
under the jurisdiction of the Ohio building authority, by doing	629
all of the following:	630

(a) Biennially implementing, by state agency location, a	631
census of agency employees assigned space;	632

(19) Require(b) Periodically in the discretion of the	633
director of administrative services:	634

(i) Requiring each state agency to categorize periodically	635
the use of space allotted to the agency between office space,	636
common areas, storage space, and other uses, and to report its	637
findings to the department;	638

(20) Create(ii) Creating and update periodicallyupdating a	639
master space utilization plan for all space allotted to state	640
agencies. The plan shall incorporate space utilization metrics.	641

(21) Conduct periodically(iii) Conducting a cost-benefit	642
analysis to determine the effectiveness of state-owned buildings;	643

(22) Assess periodically(iv) Assessing the alternatives	644
associated with consolidating the commercial leases for buildings	645
located in Columbus;.	646

(23) Commission(c) Commissioning a comprehensive space	647
utilization and capacity study in order to determine the	648
feasibility of consolidating existing commercially leased space	649
used by state agencies into a new state-owned facility.	650

(B) This section and section 125.02 of the Revised Code shall	651
not interfere with any of the following:	652

(1) The power of the adjutant general to purchase military	653
supplies, or with the custody of the adjutant general of property	654
leased, purchased, or constructed by the state and used for	655
military purposes, or with the functions of the adjutant general	656
as director of state armories;	657

(2) The power of the director of transportation in acquiring	658
rights-of-way for the state highway system, or the leasing of	659
lands for division or resident district offices, or the leasing of	660
lands or buildings required in the maintenance operations of the	661
department of transportation, or the purchase of real property for	662
garage sites or division or resident district offices, or in	663
preparing plans and specifications for and constructing such	664
buildings as the director may require in the administration of the	665
department;	666

(3) The power of the director of public safety and the	667
registrar of motor vehicles to purchase or lease real property and	668
buildings to be used solely as locations to which a deputy	669
registrar is assigned pursuant to division (B) of section 4507.011	670
of the Revised Code and from which the deputy registrar is to	671
conduct the deputy registrar's business, the power of the director	672
of public safety to purchase or lease real property and buildings	673
to be used as locations for division or district offices as	674
required in the maintenance of operations of the department of	675
public safety, and the power of the superintendent of the state	676
highway patrol in the purchase or leasing of real property and	677
buildings needed by the patrol, to negotiate the sale of real	678
property owned by the patrol, to rent or lease real property owned	679
or leased by the patrol, and to make or cause to be made repairs	680
to all property owned or under the control of the patrol;	681

(4) The power of the division of liquor control in the	682
leasing or purchasing of retail outlets and warehouse facilities	683
for the use of the division;	684

(5) The power of the director of development to enter into	685
leases of real property, buildings, and office space to be used	686
solely as locations for the state's foreign offices to carry out	687
the purposes of section 122.05 of the Revised Code.	688

(C) Purchases for, and the custody and repair of, buildings	689
under the management and control of the capitol square review and	690
advisory board, the rehabilitation services commission, the bureau	691
of workers' compensation, or the departments of public safety, job	692
and family services, mental health, mental retardation and	693
developmental disabilities, and rehabilitation and correction, and	694
buildings of educational and benevolent institutions under the	695
management and control of boards of trustees, are not subject to	696
the control and jurisdiction of the department of administrative	697
services.	698

(D) Any instrument by which real property is acquired	699
pursuant to this section shall identify the agency of the state	700
that has the use and benefit of the real property as specified in	701
section 5301.012 of the Revised Code.	702

Sec. 123.10. (A) The director of administrative services	703
shall regulate the rate of tolls to be collected on the public	704
works of the state, and shall fix all rentals and collect all	705
tolls, rents, fines, commissions, fees, and other revenues arising	706
from any source in the public works, including the sale,	707
construction, purchase, or rental of property.	708

(B) There is hereby created in the state treasury the state	709
architect's fund which shall consist of money received by the	710
department of administrative services under division (A) of this	711
section, transfers of money to the fund authorized by the general	712
assembly, and such percentageamount of the investment earnings of	713
the administrative building fund created in division (C) of this	714
section 152.101 of the Revised Code as the director of budget and	715
management determines to be appropriate and in excess of the	716
amounts required to meet estimated federal arbitrage rebate	717
requirements. Money in the fund shall be used by the department of	718
administrative services for the following purposes:	719

(1) To pay personnel and other administrative expenses of the	720
department;	721

(2) To pay the cost of conducting evaluations of public	722
works;	723

(3) To pay the cost of building design specifications;

724

(4) To pay the cost of providing project management services;

725

(5) Any other purposes that the director of administrative	726
services determines to be necessary for the department to execute	727
its duties under this chapter.	728

(C) There is hereby created in the state treasury the	729
administrative building fund which shall consist of proceeds of	730
obligations authorized to pay the cost of capital facilities.	731
Except as provided in division (B) of this section, all investment	732
earnings of the fund shall be credited to the fund. The fund shall	733
be used to pay the cost of capital facilities designated by or	734
pursuant to an act of the general assembly. The director of budget	735
and management shall approve and provide a voucher for payments of	736
amounts from the fund that represent the portion of investment	737
earnings to be rebated or to be paid to the federal government in	738
order to maintain the exclusion from gross income for federal	739
income tax purposes on interest on those obligations pursuant to	740
section 148(f) of the Internal Revenue Code.	741

As used in this division, "capital facilities" has the same	742
meaning as under section 152.09 of the Revised Code.	743

Sec. 124.15.  (A) Board and commission members appointed	744
prior to July 1, 1991, shall be paid a salary or wage in	745
accordance with the following schedules of rates:	746

Schedule B

747

Pay Ranges and Step Values

748

Schedule C

833

Pay Range and Values

834

(B) The pay schedule of all employees shall be on a biweekly	854
basis, with amounts computed on an hourly basis.	855

(C) Part-time employees shall be compensated on an hourly	856
basis for time worked, at the rates shown in division (A) of this	857
section or in section 124.152 of the Revised Code.	858

(D) The salary and wage rates in division (A) of this section	859
or in section 124.152 of the Revised Code represent base rates of	860
compensation and may be augmented by the provisions of section	861
124.181 of the Revised Code. In those cases where lodging, meals,	862
laundry, or other personal services are furnished an employee, the	863
actual costs or fair market value of the personal services shall	864
be paid by the employee in such amounts and manner as determined	865
by the director of administrative services and approved by the	866
director of budget and management, and those personal services	867
shall not be considered as a part of the employee's compensation.	868
An appointing authority, with the approval of the director of	869
administrative services and the director of budget and management,	870
may establish payments to employees for uniforms, tools,	871
equipment, and other requirements of the department and payments	872
for the maintenance of them.	873

The director of administrative services may review collective	874
bargaining agreements entered into under Chapter 4117. of the	875
Revised Code that cover state employees and determine whether	876
certain benefits or payments provided to state employees covered	877
by those agreements should also be provided to employees who are	878
exempt from collective bargaining coverage and are paid in	879
accordance with section 124.152 of the Revised Code or are listed	880
in division (B)(2) or (4) of section 124.14 of the Revised Code.	881
On completing the review, the director of administrative services,	882
with the approval of the director of budget and management, may	883
provide to some or all of these employees any payment or benefit,	884
except for salary, contained in such a collective bargaining	885
agreement even if it is similar to a payment or benefit already	886
provided by law to some or all of these employees. Any payment or	887
benefit so provided shall not exceed the highest level for that	888
payment or benefit specified in such a collective bargaining	889
agreement. The director of administrative services shall not	890
provide, and the director of budget and management shall not	891
approve, any payment or benefit to such an employee under this	892
division unless the payment or benefit is provided pursuant to a	893
collective bargaining agreement to a state employee who is in a	894
position with similar duties as, is supervised by, or is employed	895
by the same appointing authority as, the employee to whom the	896
benefit or payment is to be provided.	897

As used in this division, "payment or benefit already	898
provided by law" includes, but is not limited to, bereavement,	899
personal, vacation, administrative, and sick leave, disability	900
benefits, holiday pay, and pay supplements provided under the	901
Revised Code, but does not include wages or salary.	902

(E) New employees paid underin accordance with schedule B of	903
division (A) of this section or under schedule E-1 of section	904
124.152 of the Revised Code shall be employed at the minimum rate	905
established for the range unless otherwise provided. Employees	906
with qualifications that are beyond the minimum normally required	907
for the position and that are determined by the director to be	908
exceptional may be employed in, or may be transferred or promoted	909
to, a position at an advanced step of the range. Further, in time	910
of a serious labor market condition when it is relatively	911
impossible to recruit employees at the minimum rate for a	912
particular classification, the entrance rate may be set at an	913
advanced step in the range by the director of administrative	914
services. This rate may be limited to geographical regions of the	915
state. Appointments made to an advanced step under the provision	916
regarding exceptional qualifications shall not affect the step	917
assignment of employees already serving. However, anytime the	918
hiring rate of an entire classification is advanced to a higher	919
step, all incumbents of that classification being paid at a step	920
lower than that being used for hiring, shall be advanced beginning	921
at the start of the first pay period thereafter to the new hiring	922
rate, and any time accrued at the lower step will be used to	923
calculate advancement to a succeeding step. If the hiring rate of	924
a classification is increased for only a geographical region of	925
the state, only incumbents who work in that geographical region	926
shall be advanced to a higher step. When an employee in the	927
unclassified service changes from one state position to another or	928
is appointed to a position in the classified service, or if an	929
employee in the classified service is appointed to a position in	930
the unclassified service, the employee's salary or wage in the new	931
position shall be determined in the same manner as if the employee	932
were an employee in the classified service. When an employee in	933
the unclassified service who is not eligible for step increases is	934
appointed to a classification in the classified service under	935
which step increases are provided, future step increases shall be	936
based on the date on which the employee last received a pay	937
increase. If the employee has not received an increase during the	938
previous year, the date of the appointment to the classified	939
service shall be used to determine the employee's annual step	940
advancement eligibility date. In reassigning any employee to a	941
classification resulting in a pay range increase or to a new pay	942
range as a result of a promotion, an increase pay range	943
adjustment, or other classification change resulting in a pay	944
range increase, the director shall assign such employee to the	945
step in the new pay range that will provide an increase of	946
approximately four per cent if the new pay range can accommodate	947
the increase. When an employee is being assigned to a	948
classification or new pay range as the result of a class plan	949
change, if the employee has completed a probationary period, the	950
employee shall be placed in a step no lower than step two of the	951
new pay range. If the employee has not completed a probationary	952
period, the employee may be placed in step one of the new pay	953
range. Such new salary or wage shall become effective on such date	954
as the director determines.	955

(F) If employment conditions and the urgency of the work	956
require such action, the director of administrative services may,	957
upon the application of a department head, authorize payment at	958
any rate established within the range for the class of work, for	959
work of a casual or intermittent nature or on a project basis.	960
Payment at such rates shall not be made to the same individual for	961
more than three calendar months in any one calendar year. Any such	962
action shall be subject to the approval of the director of budget	963
and management as to the availability of funds. This section and	964
sections 124.14 and 124.152 of the Revised Code do not repeal any	965
authority of any department or public official to contract with or	966
fix the compensation of professional persons who may be employed	967
temporarily for work of a casual nature or for work on a project	968
basis.	969

(G)(1) Except as provided in division (G)(2) of this section,	970
each state employee paid underin accordance with schedule B of	971
this section or under schedule E-1 of section 124.152 of the	972
Revised Code shall be eligible for advancement to succeeding steps	973
in the range for the employee's class or grade according to the	974
schedule established in this division. Beginning on the first day	975
of the pay period within which the employee completes the	976
prescribed probationary period in the employee's classification	977
with the state, each employee shall receive an automatic salary	978
adjustment equivalent to the next higher step within the pay range	979
for the employee's class or grade.	980

Each employee paid underin accordance with schedule E-1 of	981
section 124.152 of the Revised Code shall be eligible to advance	982
to the next higher step until the employee reaches step sixthe	983
top step in the range for the employee's class or grade, if the	984
employee has maintained satisfactory performance in accordance	985
with criteria established by the employee's appointing authority.	986
Those step advancements shall not occur more frequently than once	987
in any twelve-month period. An employee only may advance to step	988
seven upon performing at an exemplary level as determined in the	989
employee's performance evaluation. An employee's advancement to	990
step seven is at the discretion of the employee's appointing	991
authority. An employee may not appeal the denial of advancement to	992
step seven to the state personnel board of review.	993

When an employee is promoted or reassigned to a higher pay	994
range, the employee's step indicator shall return to "0" or be	995
adjusted to account for a probationary period, as appropriate.	996
Step advancement shall not be affected by demotion. A promoted	997
employee shall advance to the next higher step of the pay range on	998
the first day of the pay period in which the required probationary	999
period is completed. Step advancement shall become effective at	1000
the beginning of the pay period within which the employee attains	1001
the necessary length of service. Time spent on authorized leave of	1002
absence shall be counted for this purpose.	1003

If determined to be in the best interest of the state	1004
service, the director of administrative services may, either	1005
statewide or in selected agencies, adjust the dates on which	1006
annual step advancements are received by employees paid underin	1007
accordance with schedule E-1 of section 124.152 of the Revised	1008
Code.	1009

(2)(a)(i) Except as provided in division (G)(2)(a)(ii) of	1010
this section, there shall be a moratorium on step advancements	1011
under division (G)(1) of this section from the pay period	1012
beginning June 29, 2003, through the pay period ending June 25,	1013
2005. Step advancements shall resume with the pay period beginning	1014
June 26, 2005. Upon the resumption of step advancements, there	1015
shall be no retroactive step advancements for the period the	1016
moratorium was in effect. The moratorium shall not affect an	1017
employee's performance evaluation schedule.	1018

(ii) During the moratorium under division (G)(2)(a)(i) of	1019
this section, an employee who is hired or promoted and serves a	1020
probationary period in the employee's new position shall advance	1021
to the next step in the employee's pay range upon successful	1022
completion of the employee's probationary period. Thereafter, the	1023
employee is subject to the moratorium.	1024

(b) The moratorium under division (G)(2)(a)(i) of this	1025
section shall apply to the employees of the secretary of state,	1026
the auditor of state, the treasurer of state, and the attorney	1027
general, who are subject to this section unless the secretary of	1028
state, the auditor of state, the treasurer of state, or the	1029
attorney general decides to exempt the office's employees from the	1030
moratorium and so notifies the director of administrative services	1031
in writing on or before July 1, 2003.	1032

(H) Employees in appointive managerial or professional	1033
positions paid under salaryin accordance with schedule C of this	1034
section or under salary schedule E-2 of section 124.152 of the	1035
Revised Code may be appointed at any rate within the appropriate	1036
pay range. This rate of pay may be adjusted higher or lower within	1037
the respective pay range at any time the appointing authority so	1038
desires as long as the adjustment is based on the employee's	1039
ability to successfully administer those duties assigned to the	1040
employee. Salary adjustments shall not be made more frequently	1041
than once in any six-month period under this provision to	1042
incumbents holding the same position and classification.	1043

(I) When an employee is assigned to duty outside this state,	1044
the employee may be compensated, upon request of the department	1045
head and with the approval of the director of administrative	1046
services, at a rate not to exceed fifty per cent in excess of the	1047
employee's current base rate for the period of time spent on that	1048
duty.	1049

(J) Unless compensation for members of a board or commission	1050
is otherwise specifically provided by law, the director of	1051
administrative services shall establish the rate and method of	1052
payment for members of boards and commissions pursuant to the pay	1053
schedules listed in section 124.152 of the Revised Code.	1054

(K) Regular full-time employees in positions assigned to	1055
classes within the instruction and education administration series	1056
under the rules of the director of administrative services, except	1057
certificated employees on the instructional staff of the state	1058
school for the blind or the state school for the deaf, whose	1059
positions are scheduled to work on the basis of an academic year	1060
rather than a full calendar year, shall be paid according to the	1061
pay range assigned by such rules but only during those pay periods	1062
included in the academic year of the school where the employee is	1063
located.	1064

(1) Part-time or substitute teachers or those whose period of	1065
employment is other than the full academic year shall be	1066
compensated for the actual time worked at the rate established by	1067
this section.	1068

(2) Employees governed by this division are exempt from	1069
sections 124.13 and 124.19 of the Revised Code.	1070

(3) Length of service for the purpose of determining	1071
eligibility for step advancements as provided by division (G) of	1072
this section and for the purpose of determining eligibility for	1073
longevity pay supplements as provided by division (E) of section	1074
124.181 of the Revised Code shall be computed on the basis of one	1075
full year of service for the completion of each academic year.	1076

(L) The superintendent of the state school for the deaf and	1077
the superintendent of the state school for the blind shall,	1078
subject to the approval of the superintendent of public	1079
instruction, carry out both of the following:	1080

(1) Annually, between the first day of April and the last day	1081
of June, establish for the ensuing fiscal year a schedule of	1082
hourly rates for the compensation of each certificated employee on	1083
the instructional staff of that superintendent's respective school	1084
constructed as follows:	1085

(a) Determine for each level of training, experience, and	1086
other professional qualification for which an hourly rate is set	1087
forth in the current schedule, the per cent that rate is of the	1088
rate set forth in such schedule for a teacher with a bachelor's	1089
degree and no experience. If there is more than one such rate for	1090
such a teacher, the lowest rate shall be used to make the	1091
computation.	1092

(b) Determine which six city, local, and exempted village	1093
school districts with territory in Franklin county have in effect	1094
on, or have adopted by, the first day of April for the school year	1095
that begins on the ensuing first day of July, teacher salary	1096
schedules with the highest minimum salaries for a teacher with a	1097
bachelor's degree and no experience;	1098

(c) Divide the sum of such six highest minimum salaries by	1099
ten thousand five hundred sixty;	1100

(d) Multiply each per cent determined in division (L)(1)(a)	1101
of this section by the quotient obtained in division (L)(1)(c) of	1102
this section;	1103

(e) One hundred five per cent of each product thus obtained	1104
shall be the hourly rate for the corresponding level of training,	1105
experience, or other professional qualification in the schedule	1106
for the ensuing fiscal year.	1107

(2) Annually, assign each certificated employee on the	1108
instructional staff of the superintendent's respective school to	1109
an hourly rate on the schedule that is commensurate with the	1110
employee's training, experience, and other professional	1111
qualifications.	1112

If an employee is employed on the basis of an academic year,	1113
the employee's annual salary shall be calculated by multiplying	1114
the employee's assigned hourly rate times one thousand seven	1115
hundred sixty. If an employee is not employed on the basis of an	1116
academic year, the employee's annual salary shall be calculated in	1117
accordance with the following formula:	1118

(a) Multiply the number of days the employee is required to	1119
work pursuant to the employee's contract by eight;	1120

(b) Multiply the product of division (L)(2)(a) of this	1121
section by the employee's assigned hourly rate.	1122

Each employee shall be paid an annual salary in biweekly	1123
installments. The amount of each installment shall be calculated	1124
by dividing the employee's annual salary by the number of biweekly	1125
installments to be paid during the year.	1126

Sections 124.13 and 124.19 of the Revised Code do not apply	1127
to an employee who is paid under this division.	1128

As used in this division, "academic year" means the number of	1129
days in each school year that the schools are required to be open	1130
for instruction with pupils in attendance. Upon completing an	1131
academic year, an employee paid under this division shall be	1132
deemed to have completed one year of service. An employee paid	1133
under this division is eligible to receive a pay supplement under	1134
division (L)(1), (2), or (3) of section 124.181 of the Revised	1135
Code for which the employee qualifies, but is not eligible to	1136
receive a pay supplement under division (L)(4) or (5) of that	1137
section. An employee paid under this division is eligible to	1138
receive a pay supplement under division (L)(6) of section 124.181	1139
of the Revised Code for which the employee qualifies, except that	1140
the supplement is not limited to a maximum of five per cent of the	1141
employee's regular base salary in a calendar year.	1142

(M) Division (A) of this section does not apply to "exempt	1143
employees," as defined in section 124.152 of the Revised Code, who	1144
are paid under that section.	1145

Notwithstanding any other provisions of this chapter, when an	1146
employee transfers between bargaining units or transfers out of or	1147
into a bargaining unit, the director shall establish the	1148
employee's compensation and adjust the maximum leave accrual	1149
schedule as the director deems equitable.	1150

Sec. 124.152.  (A)(1) Except as provided in divisions (A)(2)	1151
and (3) of this section, each exempt employee shall be paid a	1152
salary or wage in accordance with schedule E-1 or schedule E-2 of	1153
division (B) or (C) of this section.	1154

(2) Each exempt employee who holds a position in the	1155
unclassified civil service pursuant to division (A)(26) or (30) of	1156
section 124.11 of the Revised Code may be paid a salary or wage in	1157
accordance with schedule E-1, schedule E-1 for step seven only, or	1158
schedule E-2 of division (B), (C), (D), or (E) of this section, as	1159
applicable.	1160

(3)(a) Each exempt employee who was paid a salary or wage at	1161
step 7 in the employee's pay range on June 28, 2003, in accordance	1162
with the applicable schedule E-1 of former section 124.152 of the	1163
Revised Code and who continued to be so paid on June 29, 2003,	1164
shall be paid a salary or a wage in the corresponding pay range in	1165
schedule E-1 for step seven only of division (D) or (E) of this	1166
section for as long as the employee remains in the position the	1167
employee held as of July 1, 2003, except as otherwise provided in	1168
division (A)(3)(b) of this section.	1169

(b) If an exempt employee who is being paid a salary or wage	1170
in accordance with schedule E-1 for step seven only of division	1171
(D) or (E) of this section moves to a position assigned to pay	1172
range 12 or above, the appointing authority has the discretion to	1173
assign the employee to be paid a salary or wage in the appropriate	1174
pay range for the new position in accordance with schedule E-1 for	1175
step seven only, provided that the appointing authority so	1176
notifies the director of administrative services in writing at the	1177
time the employee is appointed to the new position.	1178

(c) If an exempt employee who is being paid a salary or wage	1179
in accordance with schedule E-1 for step seven only of division	1180
(D) or (E) of this section moves to a position where the employee	1181
is not eligible to receive a salary or wage in accordance with	1182
that schedule, the employee shall not receive a salary or wage in	1183
accordance with that schedule in the new position or any other new	1184
position in the future.	1185

(B) Beginning on the first day of the pay period that	1186
includes July 1, 2002, each exempt employee who must be paid in	1187
accordance with schedule E-1 or schedule E-2 of this section shall	1188
be paid a salary or wage in accordance with the following schedule	1189
of rates:	1190

Schedule E-1

1191

Pay Ranges and Step Values

1192

Schedule E-2

1231

(B)(C) Beginning on the first day of the pay period that	1251
includes July 1, 2005, each exempt employee who must be paid in	1252
accordance with schedule E-1 or schedule E-2 of this section shall	1253
be paid a salary or wage in accordance with the following schedule	1254
of rates:	1255

Schedule E-1

1256

Pay Ranges and Step Values

1257

Schedule E-2

1296

(D) Beginning on the first day of the pay period that	1316
includes July 1, 2003, each exempt employee who must be paid in	1317
accordance with schedule E-1 for step seven only shall be paid a	1318
salary or wage in accordance with the following schedule of rates:	1319

Schedule E-1 for Step Seven Only

1320

Pay Ranges and Step Seven Values

1321

(E) Beginning on the first day of the pay period that	1337
includes July 1, 2005, each exempt employee who must be paid in	1338
accordance with schedule E-1 for step seven only shall be paid a	1339
salary or wage in accordance with the following schedule of rates:	1340

Schedule E-1 for Step Seven Only

1341

Pay Ranges and Step Seven Values

1342

(C)(F) As used in this section, "exempt employee" means a	1358
permanent full-time or permanent part-time employee paid directly	1359
by warrant of the auditor of state whose position is included in	1360
the job classification plan established under division (A) of	1361
section 124.14 of the Revised Code but who is not considered a	1362
public employee for the purposes of Chapter 4117. of the Revised	1363
Code. As used in this section, "exempt employee" also includes a	1364
permanent full-time or permanent part-time employee of the	1365
secretary of state, auditor of state, treasurer of state, or	1366
attorney general who has not been placed in an appropriate	1367
bargaining unit by the state employment relations board.	1368

Sec. 124.181.  (A) Except as provided in division (M) of this	1369
section, any employee paid underin accordance with schedule B of	1370
section 124.15 or under schedule E-1 or schedule E-1 for step	1371
seven only of section 124.152 of the Revised Code is eligible for	1372
the pay supplements provided in this section upon application by	1373
the appointing authority substantiating the employee's	1374
qualifications for the supplement and with the approval of the	1375
director of administrative services except as provided in division	1376
(E) of this section.	1377

(B)(1) Except as provided in section 124.183 of the Revised	1378
Code, in computing any of the pay supplements provided in this	1379
section for an employee paid in accordance with schedule B of	1380
section 124.15 of the Revised Code, the classification salary base	1381
shall be the minimum hourly rate of the pay range, provided in	1382
that section 124.15 or 124.152 of the Revised Code, in which the	1383
employee is assigned at the time of computation.	1384

(2) Except as provided in section 124.183 of the Revised	1385
Code, in computing any of the pay supplements provided in this	1386
section for an employee paid in accordance with schedule E-1 of	1387
section 124.152 of the Revised Code, the classification salary	1388
base shall be the minimum hourly rate of the pay range, provided	1389
in that section, in which the employee is assigned at the time of	1390
computation.	1391

(3) Except as provided in section 124.183 of the Revised	1392
Code, in computing any of the pay supplements provided in this	1393
section for an employee paid in accordance with schedule E-1 for	1394
step seven only of section 124.152 of the Revised Code, the	1395
classification salary base shall be the minimum hourly rate in the	1396
corresponding pay range, provided in schedule E-1 of that section,	1397
to which the employee is assigned at the time of the computation.	1398

(C) The effective date of any pay supplement, except as	1399
provided in section 124.183 of the Revised Code or unless	1400
otherwise provided in this section, shall be determined by the	1401
director.	1402

(D) The director shall, by rule, establish standards	1403
regarding the administration of this section.	1404

(E)(1) Except as otherwise provided in this division,	1405
beginning on the first day of the pay period within which the	1406
employee completes five years of total service with the state	1407
government or any of its political subdivisions, each employee in	1408
positions paid under salaryin accordance with schedule B of	1409
section 124.15 of the Revised Code or under salaryin accordance	1410
with schedule E-1 or schedule E-1 for step seven only of section	1411
124.152 of the Revised Code shall receive an automatic salary	1412
adjustment equivalent to two and one-half per cent of the	1413
classification salary base, to the nearest whole cent. Each	1414
employee shall receive thereafter an annual adjustment equivalent	1415
to one-half of one per cent of the employee's classification	1416
salary base, to the nearest whole cent, for each additional year	1417
of qualified employment until a maximum of ten per cent of the	1418
employee's classification salary base is reached. The granting of	1419
longevity adjustments shall not be affected by promotion,	1420
demotion, or other changes in classification held by the employee,	1421
nor by any change in pay range for the employee's class or grade.	1422
Longevity pay adjustments shall become effective at the beginning	1423
of the pay period within which the employee completes the	1424
necessary length of service, except that when an employee requests	1425
credit for prior service, the effective date of the prior service	1426
credit and of any longevity adjustment shall be the first day of	1427
the pay period following approval of the credit by the director of	1428
administrative services. No employee, other than an employee who	1429
submits proof of prior service within ninety days after the date	1430
of the employee's hiring, shall receive any longevity adjustment	1431
for the period prior to the director's approval of a prior service	1432
credit. Time spent on authorized leave of absence shall be counted	1433
for this purpose.	1434

(2) An employee who has retired in accordance with the	1435
provisions of any retirement system offered by the state and who	1436
is employed by the state or any political subdivision of the state	1437
on or after June 24, 1987, shall not have prior service with the	1438
state or any political subdivision of the state counted for the	1439
purpose of determining the amount of the salary adjustment	1440
provided under this division.	1441

(3) There shall be a moratorium on employees' receipt under	1442
this division of credit for service with the state government or	1443
any of its political subdivisions during the period from July 1,	1444
2003, through June 30, 2005. In calculating the number of years of	1445
total service under this division, no credit shall be included for	1446
service during the moratorium. The moratorium shall apply to the	1447
employees of the secretary of state, the auditor of state, the	1448
treasurer of state, and the attorney general, who are subject to	1449
this section unless the secretary of state, the auditor of state,	1450
the treasurer of state, or the attorney general decides to exempt	1451
the office's employees from the moratorium and so notifies the	1452
director of administrative services in writing on or before July	1453
1, 2003.	1454

If an employee is exempt from the moratorium, receives credit	1455
for a period of service during the moratorium, and takes a	1456
position with another entity in the state government or any of its	1457
political subdivisions, either during or after the moratorium, and	1458
if that entity's employees are or were subject to the moratorium,	1459
the employee shall continue to retain the credit. However, if the	1460
moratorium is in effect upon the taking of the new position, the	1461
employee shall cease receiving additional credit as long as the	1462
employee is in the position, until the moratorium expires.	1463

(F) When an exceptional condition exists that creates a	1464
temporary or a permanent hazard for one or more positions in a	1465
class paid underin accordance with schedule B of section 124.15	1466
of the Revised Code or under salaryin accordance with schedule	1467
E-1 or schedule E-1 for step seven only of section 124.152 of the	1468
Revised Code, a special hazard salary adjustment may be granted	1469
for the time the employee is subjected to the hazardous condition.	1470
All special hazard conditions shall be identified for each	1471
position and incidence from information submitted to the director	1472
on an appropriate form provided by the director and categorized	1473
into standard conditions of: some unusual hazard not common to the	1474
class; considerable unusual hazard not common to the class; and	1475
exceptional hazard not common to the class.	1476

(1) A hazardous salary adjustment of five per cent of the	1477
employee's classification salary base may be applied in the case	1478
of some unusual hazardous condition not common to the class for	1479
those hours worked, or a fraction thereofof those hours worked,	1480
while the employee was subject to the unusual hazard condition.	1481

(2) A hazardous salary adjustment of seven and one-half per	1482
cent of the employee's classification salary base may be applied	1483
in the case of some considerable hazardous condition not common to	1484
the class for those hours worked, or a fraction thereofof those	1485
hours worked, while the employee was subject to the considerable	1486
hazard condition.	1487

(3) A hazardous salary adjustment of ten per cent of the	1488
employee's classification salary base may be applied in the case	1489
of some exceptional hazardous condition not common to the class	1490
for those hours worked, or a fraction thereofof those hours	1491
worked, when the employee was subject to the exceptional hazard	1492
condition.	1493

(4) Each claim for temporary hazard pay shall be submitted as	1494
a separate payment and shall be subject to an administrative audit	1495
by the director as to the extent and duration of the employee's	1496
exposure to the hazardous condition.	1497

(G) When a full-time employee whose salary or wage is paid	1498
directly by warrant of the auditor of state and who also is	1499
eligible for overtime under the "Fair Labor Standards Act of	1500
1938," 52 Stat. 1060, 29 U.S.C.A. 207, 213, as amended, is ordered	1501
by the appointing authority to report back to work after	1502
termination of the employee's regular work schedule and the	1503
employee reports, the employee shall be paid for such time. The	1504
employee shall be entitled to four hours at the employee's total	1505
rate of pay or overtime compensation for the actual hours worked,	1506
whichever is greater. This division does not apply to work that is	1507
a continuation of or immediately preceding an employee's regular	1508
work schedule.	1509

(H) When a certain position or positions paid underin	1510
accordance with schedule B of section 124.15 of the Revised Code	1511
or under salaryin accordance with schedule E-1 or schedule E-1	1512
for step seven only of section 124.152 of the Revised Code require	1513
the ability to speak or write a language other than English, a	1514
special pay supplement may be granted to attract bilingual	1515
individuals, to encourage present employees to become proficient	1516
in other languages, or to retain qualified bilingual employees.	1517
The bilingual pay supplement provided in this division may be	1518
granted in the amount of five per cent of the employee's	1519
classification salary base for each required foreign language and	1520
shall remain in effect as long as the bilingual requirement	1521
exists.	1522

(I) The director may establish a shift differential for	1523
employees. SuchThe differential shall be paid to employees in	1524
positions working in other than the regular or first shift. In	1525
those divisions or agencies where only one shift prevails, no	1526
shift differential shall be paid regardless of the hours of the	1527
day that are worked. The director and the appointing authority	1528
shall designate which positions shall be covered by this division.	1529

(J) Whenever an employee is assigned to work in a higher	1530
level position for a continuous period of more than two weeks but	1531
no more than two years because of a vacancy, the employee's pay	1532
may be established at a rate that is approximately four per cent	1533
above the employee's current base rate for the period the employee	1534
occupies the position, provided that this temporary occupancy is	1535
approved by the director. Employees paid under this division shall	1536
continue to receive any of the pay supplements due them under	1537
other divisions of this section based on the step one base rate	1538
for their normal classification.	1539

(K) If a certain position, or positions, within a class paid	1540
underin accordance with schedule B of section 124.15 of the	1541
Revised Code or under salaryin accordance with schedule E-1 or	1542
schedule E-1 for step seven only of section 124.152 of the Revised	1543
Code are mandated by state or federal law or regulation or other	1544
regulatory agency or other certification authority to have special	1545
technical certification, registration, or licensing to perform the	1546
functions which are under the mandate, a special professional	1547
achievement pay supplement may be granted. This special	1548
professional achievement pay supplement shall not be granted when	1549
all incumbents in all positions in a class require a license as	1550
provided in the classification description published by the	1551
department of administrative services; to licensees where no	1552
special or extensive training is required; when certification is	1553
granted upon completion of a stipulated term of in-service	1554
training; when an appointing authority has required certification;	1555
or any other condition prescribed by the director.	1556

(1) Before this supplement may be applied, evidence as to the	1557
requirement must be provided by the agency for each position	1558
involved, and certification must be received from the director as	1559
to the director's concurrence for each of the positions so	1560
affected.	1561

(2) The professional achievement pay supplement provided in	1562
this division shall be granted in an amount up to ten per cent of	1563
the employee's classification salary base and shall remain in	1564
effect as long as the mandate exists.	1565

(L) Those employees assigned to teaching supervisory,	1566
principal, assistant principal, or superintendent positions who	1567
have attained a higher educational level than a basic bachelor's	1568
degree may receive an educational pay supplement to remain in	1569
effect as long as the employee's assignment and classification	1570
remain the same.	1571

(1) An educational pay supplement of two and one-half per	1572
cent of the employee's classification salary base may be applied	1573
upon the achievement of a bachelor's degree plus twenty quarter	1574
hours of postgraduate work.	1575

(2) An educational pay supplement of an additional five per	1576
cent of the employee's classification salary base may be applied	1577
upon achievement of a master's degree.	1578

(3) An educational pay supplement of an additional two and	1579
one-half per cent of the employee's classification salary base may	1580
be applied upon achievement of a master's degree plus thirty	1581
quarter hours of postgraduate work.	1582

(4) An educational pay supplement of five per cent of the	1583
employee's classification salary base may be applied when the	1584
employee is performing as a master teacher.	1585

(5) An educational pay supplement of five per cent of the	1586
employee's classification salary base may be applied when the	1587
employee is performing as a special education teacher.	1588

(6) Those employees in teaching supervisory, principal,	1589
assistant principal, or superintendent positions who are	1590
responsible for specific extracurricular activity programs shall	1591
receive overtime pay for those hours worked in excess of their	1592
normal schedule, at their straight time hourly rate up to a	1593
maximum of five per cent of their regular base salary in any	1594
calendar year.	1595

(M)(1) A state agency, board, or commission may establish a	1596
supplementary compensation schedule for those licensed physicians	1597
employed by the agency, board, or commission in positions	1598
requiring a licensed physician. The supplementary compensation	1599
schedule, together with the compensation otherwise authorized by	1600
this chapter, shall provide for the total compensation for these	1601
employees to range appropriately, but not necessarily uniformly,	1602
for each classification title requiring a licensed physician, in	1603
accordance with a schedule approved by the state controlling	1604
board. The individual salary levels recommended for each such	1605
physician employed shall be approved by the director.	1606
Notwithstanding section 124.11 of the Revised Code, such personnel	1607
are in the unclassified civil service.	1608

(2) The director of administrative services may approve	1609
supplementary compensation for the director of health, if the	1610
director is a licensed physician, in accordance with a	1611
supplementary compensation schedule approved under division (M)(1)	1612
of this section or in accordance with another supplementary	1613
compensation schedule the director of administrative services	1614
considers appropriate. The supplementary compensation shall not	1615
exceed twenty per cent of the director of health's base rate of	1616
pay.	1617

(N) Notwithstanding sections 117.28, 117.30, 117.33, 117.36,	1618
117.42, and 131.02 of the Revised Code, the state shall not	1619
institute any civil action to recover and shall not seek	1620
reimbursement for overpayments made in violation of division (E)	1621
of this section or division (C) of section 9.44 of the Revised	1622
Code for the period starting after June 24, 1987, and ending on	1623
October 31, 1993.	1624

(O) Employees of the office of the treasurer of state who are	1625
exempt from collective bargaining coverage may be granted a merit	1626
pay supplement of up to one and one-half per cent of their step	1627
rate. The rate at which this supplement is granted shall be based	1628
on performance standards established by the treasurer of state.	1629
Any supplements granted under this division shall be administered	1630
on an annual basis.	1631

Sec. 124.183.  (A) As used in this section, "active payroll"	1632
means when an employee is actively working; on military, worker's	1633
workers' compensation, occupational injury, or disability leave;	1634
or on an approved leave of absence.	1635

(B)(1) Each permanent employee paid underin accordance with	1636
schedule E-1 of section 124.152 of the Revised Code who was	1637
appointed on or before March 6, 2003, and isremains continuously	1638
on the active payroll as ofthrough November 14, 2004, shall	1639
receive a one-time pay supplement. The supplement shall be a two	1640
per cent lump sum payment that is based on the annualization of	1641
the top step of the pay range in schedule E-1 that the employee is	1642
in on November 14, 2004.	1643

(2) Each permanent employee paid in accordance with schedule	1644
E-1 for step seven only of section 124.152 of the Revised Code who	1645
was appointed on or before March 6, 2003, and remains continuously	1646
on the active payroll through November 14, 2004, shall receive a	1647
one-time pay supplement. The supplement shall be a two per cent	1648
lump sum payment that is based on the annualization of step 6 of	1649
the pay range in schedule E-1 of section 124.152 of the Revised	1650
Code that corresponds with the pay range in schedule E-1 for step	1651
seven only that the employee is in on November 14, 2004.	1652

(3) Each permanent employee paid under schedule E-2 of	1653
section 124.152 of the Revised Code who was appointed on or before	1654
March 6, 2003, and isremains continuously on the active payroll	1655
as ofthrough November 14, 2004, shall receive a one-time pay	1656
supplement. The supplement shall be a two per cent lump sum	1657
payment that is based upon the annualization of the maximum hourly	1658
rate of the pay range in schedule E-2 that the employee is in on	1659
November 14, 2004.	1660

(C) Each permanent employee who is exempt from collective	1661
bargaining, is not covered by division (B) of this section, was	1662
appointed on or before March 6, 2003, and isremains continuously	1663
on the active payroll as ofthrough November 14, 2004, shall	1664
receive a one-time pay supplement. The supplement shall be a two	1665
per cent lump sum payment that is based upon the annualization of	1666
the base rate of the employee's pay on November 14, 2004.	1667

(D) A part-time employee who is eligible to receive a	1668
one-time pay supplement under division (B) or (C) of this section	1669
shall have the employee's one-time pay supplement pro-rated based	1670
on the number of hours worked in the twenty-six pay periods prior	1671
to November 14, 2004.	1672

An employee who is eligible to receive a one-time pay	1673
supplement under division (B) or (C) of this section and was on a	1674
voluntary leave of absence shall have the employee's one-time pay	1675
supplement pro-rated based on the number of hours worked in the	1676
twenty-six pay periods prior to November 14, 2004.	1677

(E) A one-time pay supplement under this section shall be	1678
paid in the employee's first paycheck in December of 2004.	1679

(F) Notwithstanding any provision of law to the contrary, a	1680
one-time pay supplement under this section shall not be subject to	1681
withholding for deposit into any state retirement system.	1682
Notwithstanding any provision of law to the contrary, a one-time	1683
pay supplement under this section shall not be used for	1684
calculation purposes in determining an employee's retirement	1685
benefits in any state retirement system.	1686

(G)(1) This section does not apply to employees of the	1687
general assembly, legislative agencies, or the supreme court, or	1688
state boards or commissions.	1689

(2) This section does not apply to employees of the secretary	1690
of state, the auditor of state, the treasurer of state, or the	1691
attorney general unless the secretary of state, the auditor of	1692
state, the treasurer of state, or the attorney general decides	1693
that the office's employees should be eligible for the one-time	1694
pay supplement and so notifies the director of administrative	1695
services in writing on or before July 1, 2004.	1696

Sec. 124.382.  (A) As used in this section and sections	1697
124.383, 124.386, 124.387, and 124.388 of the Revised Code:	1698

(1) "Base pay period" means the pay period that includes the	1699
first day of December.	1700

(2) "Pay period" means the fourteen-day period of time during	1701
which the payroll is accumulated, as determined by the director of	1702
administrative services.	1703

(3) "Active pay status" means the conditions under which an	1704
employee is eligible to receive pay, and includes, but is not	1705
limited to, vacation leave, sick leave, personal leave,	1706
bereavement leave, and administrative leave.	1707

(4) "No pay status" means the conditions under which an	1708
employee is ineligible to receive pay, and includes, but is not	1709
limited to, leave without pay, leave of absence, and disability	1710
leave.	1711

(5) "Disability leave" means the leave granted pursuant to	1712
section 124.385 of the Revised Code.	1713

(6) "Full-time permanent employee" means an employee whose	1714
regular hours of duty total eighty hours in a pay period in a	1715
state agency, and whose appointment is not for a limited period of	1716
time.	1717

(7) "Base rate of pay" means the rate of pay established	1718
under schedule B or C of section 124.15 of the Revised Code or	1719
under schedule E-1, schedule E-1 for step seven only, or schedule	1720
E-2 of section 124.152 of the Revised Code, plus any supplement	1721
provided under section 124.181 of the Revised Code, plus any	1722
supplements enacted into law which are added to schedule B or C of	1723
section 124.15 of the Revised Code or to schedule E-1, schedule	1724
E-1 for step seven only, or schedule E-2 of section 124.152 of the	1725
Revised Code.	1726

(8) "Part-time permanent employee" means an employee whose	1727
regular hours of duty total less than eighty hours in a pay period	1728
in a state agency and whose appointment is not for a limited	1729
period of time.	1730

(B) Each full-time permanent and part-time permanent employee	1731
whose salary or wage is paid directly by warrant of the auditor of	1732
state shall be credited with sick leave of three and one-tenth	1733
hours for each completed eighty hours of service, excluding	1734
overtime hours worked.	1735

(C) Any sick leave credit provided pursuant to division (B)	1736
of this section, remaining as of the last day of the pay period	1737
preceding the next succeeding base pay period, shall be converted	1738
pursuant to section 124.383 of the Revised Code.	1739

(D) Employees may use sick leave, provided a credit balance	1740
is available, upon approval of the responsible administrative	1741
officer of the employing unit, for absence due to personal	1742
illness, pregnancy, injury, exposure to contagious disease which	1743
that could be communicated to other employees, and to illness,	1744
injury, or death in the employee's immediate family. When sick	1745
leave is used, it shall be deducted from the employee's credit on	1746
the basis of absence from previously scheduled work in such	1747
increments of an hour and at such a compensation rate as the	1748
director of administrative services determines. The appointing	1749
authority of each employing unit may require an employee to	1750
furnish a satisfactory, signed statement to justify the use of	1751
sick leave.	1752

If, after having utilized the credit provided by this	1753
section, an employee utilizes sick leave that was accumulated	1754
prior to November 15, 1981, compensation for such sick leave used	1755
shall be at a rate as the director determines.	1756

(E)(1) The previously accumulated sick leave balance of an	1757
employee who has been separated from the public service, for which	1758
separation payments pursuant to the provisions of section 124.384	1759
of the Revised Code have not been made, shall be placed to the	1760
employee's credit upon the employee's reemployment in the public	1761
service, if the reemployment takes place within ten years of the	1762
date on which the employee was last terminated from public	1763
service.	1764

(2) The previously accumulated sick leave balance of an	1765
employee who has separated from a school district shall be placed	1766
to the employee's credit upon the employee's appointment as an	1767
unclassified employee of the state department of education, if all	1768
of the following apply:	1769

(a) The employee accumulated the sick leave balance while	1770
employed by the school district;.	1771

(b) The employee did not receive any separation payments for	1772
the sick leave balance;.	1773

(c) The employee's employment with the department takes place	1774
within ten years after the date on which the employee separated	1775
from the school district.	1776

(F) An employee who transfers from one public agency to	1777
another shall be credited with the unused balance of the	1778
employee's accumulated sick leave.	1779

(G) The director of administrative services shall establish	1780
procedures to uniformly administer this section. No sick leave may	1781
be granted to a state employee upon or after the employee's	1782
retirement or termination of employment.	1783

Sec. 126.32.  (A) Any officer of any state agency may	1784
authorize reimbursement for travel, including the costs of	1785
transportation, for lodging, and for meals to any person who is	1786
interviewing for a position that is classified in pay range 13 or	1787
above in schedule E-1 or schedule E-1 for step seven only, or is	1788
classified in schedule E-2, of section 124.152 of the Revised	1789
Code.	1790

(B) If a person is appointed to a position listed in section	1791
121.03 of the Revised Code, to the position of chairperson of the	1792
industrial commission, adjutant general, chancellor of the Ohio	1793
board of regents, superintendent of public instruction,	1794
chairperson of the public utilities commission of Ohio, or	1795
director of the state lottery commission, to a position holding a	1796
fiduciary relationship to the governor, to a position of an	1797
appointing authority of the department of mental health, mental	1798
retardation and developmental disabilities, or rehabilitation and	1799
correction, to a position of superintendent in the department of	1800
youth services, or to a position under section 122.05 of the	1801
Revised Code, and if that appointment requires a permanent change	1802
of residence, the appropriate state agency may reimburse the	1803
person for the person's actual and necessary expenses, including	1804
the cost of in-transit storage of household goods and personal	1805
effects, of moving the person and members of the person's	1806
immediate family residing in the person's household, and of moving	1807
their household goods and personal effects, to the person's new	1808
location.	1809

Until that person moves the person's permanent residence to	1810
the new location, but not for a period that exceeds thirty	1811
consecutive days, the state agency may reimburse the person for	1812
the person's temporary living expenses at the new location that	1813
the person has incurred on behalf of the person and members of the	1814
person's immediate family residing in the person's household. In	1815
addition, the state agency may reimburse that person for the	1816
person's travel expenses between the new location and the person's	1817
former residence during this period for a maximum number of trips	1818
specified by rule of the director of budget and management, but	1819
the state agency shall not reimburse the person for travel	1820
expenses incurred for those trips by members of the person's	1821
immediate family. With the prior written approval of the director,	1822
the maximum thirty-day period for temporary living expenses may be	1823
extended for a person appointed to a position under section 122.05	1824
of the Revised Code.	1825

The director of development may reimburse a person appointed	1826
to a position under section 122.05 of the Revised Code for the	1827
person's actual and necessary expenses of moving the person and	1828
members of the person's immediate family residing in the person's	1829
household back to the United States and may reimburse a person	1830
appointed to such a position for the cost of storage of household	1831
goods and personal effects of the person and the person's	1832
immediate family while the person is serving outside the United	1833
States, if the person's office outside the United States is the	1834
person's primary job location.	1835

(C) All reimbursement under division (A) or (B) of this	1836
section shall be made in the manner, and at rates that do not	1837
exceed those, provided by rule of the director of budget and	1838
management in accordance with section 111.15 of the Revised Code.	1839
Reimbursements may be made under division (B) of this section	1840
directly to the persons who incurred the expenses or directly to	1841
the providers of goods or services the persons receive, as	1842
determined by the director of budget and management.	1843

Sec. 152.09.  (A) As used in sections 152.06 and 152.09 to	1844
152.33 of the Revised Code:	1845

(1) "Obligations" means bonds, notes, or other evidences of	1846
obligation, including interest coupons pertaining thereto, issued	1847
pursuant to sections 152.09 to 152.33 of the Revised Code.	1848

(2) "State agencies" means the state of Ohio and branches,	1849
officers, boards, commissions, authorities, departments,	1850
divisions, courts, general assembly, or other units or agencies of	1851
the state. "State agency" also includes counties, municipal	1852
corporations, and governmental entities of this state that enter	1853
into leases with the Ohio building authority pursuant to section	1854
152.31 of the Revised Code or that are designated by law as state	1855
agencies for the purpose of performing a state function that is to	1856
be housed by a capital facility for which the Ohio building	1857
authority is authorized to issue revenue obligations pursuant to	1858
sections 152.09 to 152.33 of the Revised Code.	1859

(3) "Bond service charges" means principal, including	1860
mandatory sinking fund requirements for retirement of obligations,	1861
and interest, and redemption premium, if any, required to be paid	1862
by the Ohio building authority on obligations.	1863

(4) "Capital facilities" means buildings, structures, and	1864
other improvements, and equipment, real estate, and interests in	1865
real estate therefor, within the state, and any one, part of, or	1866
combination of the foregoing, for housing of branches and agencies	1867
of state government, including capital facilities for the purpose	1868
of housing personnel, equipment, or functions, or any combination	1869
thereof that the state agencies are responsible for housing, for	1870
which the Ohio building authority is authorized to issue	1871
obligations pursuant to Chapter 152. of the Revised Code, and	1872
includes storage and parking facilities related to such capital	1873
facilities.	1874

(5) "Cost of capital facilities" means the costs of	1875
acquiring, constructing, reconstructing, rehabilitating,	1876
remodeling, renovating, enlarging, improving, altering,	1877
maintaining, equipping, furnishing, repairing, painting,	1878
decorating, managing, or operating capital facilities, and the	1879
financing thereof, including the cost of clearance and preparation	1880
of the site and of any land to be used in connection with capital	1881
facilities, the cost of participating in capital facilities	1882
pursuant to section 152.33 of the Revised Code, the cost of any	1883
indemnity and surety bonds and premiums on insurance, all related	1884
direct administrative expenses and allocable portions of direct	1885
costs of the authority and lessee state agencies, cost of	1886
engineering and architectural services, designs, plans,	1887
specifications, surveys, and estimates of cost, legal fees, fees	1888
and expenses of trustees, depositories, and paying agents for the	1889
obligations, cost of issuance of the obligations and financing	1890
charges and fees and expenses of financial advisers and	1891
consultants in connection therewith, interest on obligations from	1892
the date thereof to the time when interest is to be covered from	1893
sources other than proceeds of obligations, amounts that represent	1894
the portion of investment earnings to be rebated or to be paid to	1895
the federal government in order to maintain the exclusion from	1896
gross income for federal income tax purposes of interest on those	1897
obligations pursuant to section 148(f) of the Internal Revenue	1898
Code, amounts necessary to establish reserves as required by the	1899
resolutions or the obligations, trust agreements, or indentures,	1900
costs of audits, the reimbursement of all moneys advanced or	1901
applied by or borrowed from any governmental entity, whether to or	1902
by the authority or others, from whatever source provided, for the	1903
payment of any item or items of cost of the capital facilities,	1904
any share of the cost undertaken by the authority pursuant to	1905
arrangements made with governmental entities under division (J) of	1906
section 152.21 of the Revised Code, and all other expenses	1907
necessary or incident to planning or determining the feasibility	1908
or practicability with respect to capital facilities, and such	1909
other expenses as may be necessary or incident to the acquisition,	1910
construction, reconstruction, rehabilitation, remodeling,	1911
renovation, enlargement, improvement, alteration, maintenance,	1912
equipment, furnishing, repair, painting, decoration, management,	1913
or operation of capital facilities, the financing thereof and the	1914
placing of the same in use and operation, including any one, part	1915
of, or combination of such classes of costs and expenses.	1916

(6) "Governmental entity" means any state agency, municipal	1917
corporation, county, township, school district, and any other	1918
political subdivision or special district in this state	1919
established pursuant to law, and, except where otherwise	1920
indicated, also means the United States or any of the states or	1921
any department, division, or agency thereof, and any agency,	1922
commission, or authority established pursuant to an interstate	1923
compact or agreement.	1924

(7) "Governing body" means:

1925

(a) In the case of a county, the board of county	1926
commissioners or other legislative authority; in the case of a	1927
municipal corporation, the legislative authority; in the case of a	1928
township, the board of township trustees; in the case of a school	1929
district, the board of education;	1930

(b) In the case of any other governmental entity, the	1931
officer, board, commission, authority, or other body having the	1932
general management of the entity or having jurisdiction or	1933
authority in the particular circumstances.	1934

(8) "Available receipts" means fees, charges, revenues,	1935
grants, subsidies, income from the investment of moneys, proceeds	1936
from the sale of goods or services, and all other revenues or	1937
receipts received by or on behalf of any state agency for which	1938
capital facilities are financed with obligations issued under	1939
Chapter 152. of the Revised Code, any state agency participating	1940
in capital facilities pursuant to section 152.33 of the Revised	1941
Code, or any state agency by which the capital facilities are	1942
constructed or financed; revenues or receipts derived by the	1943
authority from the operation, leasing, or other disposition of	1944
capital facilities, and the proceeds of obligations issued under	1945
Chapter 152. of the Revised Code; and also any moneys appropriated	1946
by a governmental entity, gifts, grants, donations, and pledges,	1947
and receipts therefrom, available for the payment of bond service	1948
charges on such obligations.	1949

(B) Pursuant to the powers granted to the general assembly	1950
under Section 2i of Article VIII, Ohio Constitution, to authorize	1951
the issuance of revenue obligations and other obligations, the	1952
owners or holders of which are not given the right to have excises	1953
or taxes levied by the general assembly for the payment of	1954
principal thereof or interest thereon, the Ohio building authority	1955
may issue obligations, in accordance with Chapter 152. of the	1956
Revised Code, and shall cause the net proceeds thereof, after any	1957
deposits of accrued interest for the payment of bond service	1958
charges and after any deposit of all or such lesser portion as the	1959
authority may direct of the premium received upon the sale of	1960
those obligations for the payment of the bond service charges, to	1961
be applied to the costs of capital facilities designated by or	1962
pursuant to act of the general assembly for housing state agencies	1963
as authorized by Chapter 152. of the Revised Code. The authority	1964
shall provide by resolution for the issuance of such obligations.	1965
The bond service charges and all other payments required to be	1966
made by the trust agreement or indenture securing such obligations	1967
shall be payable solely from available receipts of the authority	1968
pledged thereto as provided in such resolution. The available	1969
receipts pledged and thereafter received by the authority are	1970
immediately subject to the lien of such pledge without any	1971
physical delivery thereof or further act, and the lien of any such	1972
pledge is valid and binding against all parties having claims of	1973
any kind against the authority, irrespective of whether those	1974
parties have notice thereof, and creates a perfected security	1975
interest for all purposes of Chapter 1309. of the Revised Code and	1976
a perfected lien for purposes of any real property interest, all	1977
without the necessity for separation or delivery of funds or for	1978
the filing or recording of the resolution, trust agreement,	1979
indenture, or other agreement by which such pledge is created or	1980
any certificate, statement, or other document with respect	1981
thereto; and the pledge of such available receipts is effective	1982
and the money therefrom and thereof may be applied to the purposes	1983
for which pledged. Every pledge, and every covenant and agreement	1984
made with respect to the pledge, made in the resolution may	1985
therein be extended to the benefit of the owners and holders of	1986
obligations authorized by Chapter 152. of the Revised Code, and to	1987
any trustee therefor, for the further securing of the payment of	1988
the bond service charges, and all or any rights under any	1989
agreement or lease made under this section may be assigned for	1990
such purpose. Obligations may be issued at one time or from time	1991
to time, and each issue shall be dated, shall mature at such time	1992
or times as determined by the authority not exceeding forty years	1993
from the date of issue, and may be redeemable before maturity at	1994
the option of the authority at such price or prices and under such	1995
terms and conditions as are fixed by the authority prior to the	1996
issuance of the obligations. The authority shall determine the	1997
form of the obligations, fix their denominations, establish their	1998
interest rate or rates, which may be a variable rate or rates, or	1999
the maximum interest rate, and establish within or without this	2000
state a place or places of payment of bond service charges.	2001

(C) The obligations shall be signed by the authority	2002
chairperson, vice-chairperson, and secretary-treasurer, and the	2003
authority seal shall be affixed. The signatures may be facsimile	2004
signatures and the seal affixed may be a facsimile seal, as	2005
provided by resolution of the authority. Any coupons attached may	2006
bear the facsimile signature of the chairperson. In case any	2007
officer who has signed any obligations, or caused the officer's	2008
facsimile signature to be affixed thereto, ceases to be such	2009
officer before such obligations have been delivered, such	2010
obligations may, nevertheless, be issued and delivered as though	2011
the person who had signed the obligations or caused the person's	2012
facsimile signature to be affixed thereto had not ceased to be	2013
such officer.	2014

Any obligations may be executed on behalf of the authority by	2015
an officer who, on the date of execution, is the proper officer	2016
although on the date of such obligations such person was not the	2017
proper officer.	2018

(D) All obligations issued by the authority shall have all	2019
the qualities and incidents of negotiable instruments and may be	2020
issued in coupon or in registered form, or both, as the authority	2021
determines. Provision may be made for the registration of any	2022
obligations with coupons attached thereto as to principal alone or	2023
as to both principal and interest, their exchange for obligations	2024
so registered, and for the conversion or reconversion into	2025
obligations with coupons attached thereto of any obligations	2026
registered as to both principal and interest, and for reasonable	2027
charges for such registration, exchange, conversion, and	2028
reconversion. The authority may sell its obligations in any manner	2029
and for such prices as it determines, except that the authority	2030
shall sell obligations sold at public or private sale in	2031
accordance with section 152.091 of the Revised Code.	2032

(E) The obligations of the authority, principal, interest,	2033
and any proceeds from their sale or transfer, are exempt from all	2034
taxation within this state.	2035

(F) The authority is authorized to issue revenue obligations	2036
and other obligations under Section 2i of Article VIII, Ohio	2037
Constitution, for the purpose of paying the cost of capital	2038
facilities for housing of branches and agencies of state	2039
government, including capital facilities for the purpose of	2040
housing personnel, equipment, or functions, or any combination	2041
thereof that the state agencies are responsible for housing, as	2042
are authorized by Chapter 152. of the Revised Code, and that are	2043
authorized by the general assembly by the appropriation of lease	2044
payments or other moneys for such capital facilities or by any	2045
other act of the general assembly, but not including the	2046
appropriation of moneys for feasibility studies for such capital	2047
facilities. This division does not authorize the authority to	2048
issue obligations pursuant to Section 2i of Article VIII, Ohio	2049
Constitution, to pay the cost of capital facilities for mental	2050
hygiene and retardation, parks and recreation, or state-supported	2051
or state-assisted institutions of higher education.	2052

Sec. 175.21.  (A) The low- and moderate-income housing trust	2053
fund is hereby created in the state treasury. The fund shall	2054
consist of all appropriations made to the fund, housing trust fund	2055
fees collected by county recorders pursuant to section 317.36 of	2056
the Revised Code and deposited into the fund pursuant to section	2057
319.63 of the Revised Code, and all grants, gifts, loan	2058
repayments, and contributions of money made from any source to the	2059
department of development for deposit in the fund. All investment	2060
earnings of the fund shall be credited to the fund. The director	2061
of development shall allocate a portion of the money in the fund	2062
to an account of the Ohio housing finance agency. The department	2063
shall administer the fund. The agency shall use money allocated to	2064
it in the fund for implementing and administering its programs and	2065
duties under sections 175.22 and 175.24 of the Revised Code, and	2066
the department shall use the remaining money in the fund for	2067
implementing and administering its programs and duties under	2068
sections 175.22 to 175.25 of the Revised Code. Use of all money in	2069
the fund is subject to the following restrictions:	2070

(1) Not more than six per cent of any current year	2071
appropriation authority for the fund shall be used for the	2072
transitional and permanent housing program to make grants to	2073
municipal corporations, counties, townships, and nonprofit	2074
organizations for the acquisition, rehabilitation, renovation,	2075
construction, conversion, operation, and cost of supportive	2076
services for new and existing transitional and permanent housing	2077
for homeless persons.	2078

(2)(a) Not more than five per cent of any current year	2079
appropriation authority for the fund shall be used for grants and	2080
loans to community development corporations and the Ohio community	2081
development finance fund, a private nonprofit corporation.	2082

(b) In any year in which the amount in the fund exceeds one	2083
hundred thousand dollars, not less than one hundred thousand	2084
dollars shall be used to provide training, technical assistance,	2085
and capacity building assistance to nonprofit development	2086
organizations in areas of the state the director designates as	2087
underserved.	2088

(c) For monies awarded in any fiscal year, priority shall be	2089
given to proposals submitted by nonprofit development	2090
organizations from areas of the state the director designates as	2091
underserved.	2092

(3) Not more than seven per cent of any current year	2093
appropriation authority for the fund shall be used for the	2094
emergency shelter housing grants program to make grants to	2095
private, nonprofit organizations and municipal corporations,	2096
counties, and townships for emergency shelter housing for the	2097
homeless. The grants shall be distributed pursuant to rules the	2098
director adopts and qualify as matching funds for funds obtained	2099
pursuant to the McKinney Act, 101 Stat. 85 (1987), 42 U.S.C.A.	2100
11371 to 11378.	2101

(4) In any fiscal year in which the amount in the fund	2102
exceeds the amount awarded pursuant to division (A)(2)(b) of this	2103
section by at least two hundred fifty thousand dollars, at least	2104
two hundred fifty thousand dollars from the fund shall be provided	2105
to the department of aging for the resident services coordinator	2106
program.	2107

(5) Of all money incurrent year appropriation authority for	2108
the fund:	2109

(a) Not, not more than five per cent shall be used for	2110
administration.	2111

(b)(6) Not less than forty-five per cent of the funds awarded	2112
during any one fiscal year shall be for grants and loans to	2113
nonprofit organizations under section 175.22 of the Revised Code.	2114

(c)(7) Not less than fifty per cent of the funds awarded	2115
during any one fiscal year, excluding the amounts awarded pursuant	2116
to divisions (A)(1), (A)(2), and (A)(3) of this section, shall be	2117
for grants and loans for activities that provide housing and	2118
housing assistance to families and individuals in rural areas and	2119
small cities that are not eligible to participate as a	2120
participating jurisdiction under the "HOME Investment Partnerships	2121
Act," 104 Stat. 4094 (1990), 42 U.S.C. 12701 note, 12721.	2122

(d)(8) No money in the fund shall be used to pay for any	2123
legal services other than the usual and customary legal services	2124
associated with the acquisition of housing.	2125

(6)(9) Except as otherwise provided by the director under	2126
division (B) of this section, money in the fund may be used as	2127
matching money for federal funds received by the state, counties,	2128
municipal corporations, and townships for the activities listed in	2129
section 175.22 of the Revised Code.	2130

(B) If after the second quarter of any year it appears to the	2131
director that the full amount of the money in the fund designated	2132
in that year for activities that provide housing and housing	2133
assistance to families and individuals in rural areas and small	2134
cities under division (A) of this section will not be used for	2135
that purpose, the director may reallocate all or a portion of that	2136
amount for other housing activities. In determining whether or how	2137
to reallocate money under this division, the director may consult	2138
with and shall receive advice from the housing trust fund advisory	2139
committee.	2140

Sec. 3327.01.  Notwithstanding division (D) of section	2141
3311.19 and division (D) of section 3311.52 of the Revised Code,	2142
this section and sections 3327.011, 3327.012, and 3327.02 of the	2143
Revised Code do not apply to any joint vocational or cooperative	2144
education school district.	2145

In all city, local, and exempted village school districts	2146
where resident school pupils in grades kindergarten through eight	2147
live more than two miles from the school for which the state board	2148
of education prescribes minimum standards pursuant to division (D)	2149
of section 3301.07 of the Revised Code and to which they are	2150
assigned by the board of education of the district of residence or	2151
to and from the nonpublic or community school which they attend	2152
the board of education shall provide transportation for such	2153
pupils to and from such school except as provided in section	2154
3327.02 of the Revised Code.	2155

In all city, local, and exempted village school districts the	2156
board may provide transportation for resident school pupils in	2157
grades nine through twelve to and from the high school to which	2158
they are assigned by the board of education of the district of	2159
residence or to and from the nonpublic or community high school	2160
which they attend for which the state board of education	2161
prescribes minimum standards pursuant to division (D) of section	2162
3301.07 of the Revised Code.	2163

A board of education shall not be required to transport	2164
elementary or high school pupils to and from a nonpublic or	2165
community school where such transportation would require more than	2166
thirty minutes of direct travel time as measured by school bus	2167
from the collection pointpublic school building to which the	2168
pupils would be assigned if attending the public school designated	2169
by the district of residence.	2170

Where it is impractical to transport a pupil by school	2171
conveyance, a board of education may offer payment, in lieu of	2172
providing such transportation in accordance with section 3327.02	2173
of the Revised Code.	2174

In all city, local, and exempted village school districts the	2175
board shall provide transportation for all children who are so	2176
crippled that they are unable to walk to and from the school for	2177
which the state board of education prescribes minimum standards	2178
pursuant to division (D) of section 3301.07 of the Revised Code	2179
and which they attend. In case of dispute whether the child is	2180
able to walk to and from the school, the health commissioner shall	2181
be the judge of such ability. In all city, exempted village, and	2182
local school districts the board shall provide transportation to	2183
and from school or special education classes for educable mentally	2184
retarded children in accordance with standards adopted by the	2185
state board of education.	2186

When transportation of pupils is provided the conveyance	2187
shall be run on a time schedule that shall be adopted and put in	2188
force by the board not later than ten days after the beginning of	2189
the school term.	2190

The cost of any transportation service authorized by this	2191
section shall be paid first out of federal funds, if any,	2192
available for the purpose of pupil transportation, and secondly	2193
out of state appropriations, in accordance with regulations	2194
adopted by the state board of education.	2195

No transportation of any pupils shall be provided by any	2196
board of education to or from any school which in the selection of	2197
pupils, faculty members, or employees, practices discrimination	2198
against any person on the grounds of race, color, religion, or	2199
national origin.	2200

Sec. 3334.01.  As used in this chapter:

2201

(A) "Aggregate original principal amount" means the aggregate	2202
of the initial offering prices to the public of college savings	2203
bonds, exclusive of accrued interest, if any. "Aggregate original	2204
principal amount" does not mean the aggregate accreted amount	2205
payable at maturity or redemption of such bonds.	2206

(B) "Beneficiary" means:

2207

(1) An individual designated by the purchaser under a tuition	2208
payment contract or through a scholarship program as the	2209
individual on whose behalf tuition credits purchased under the	2210
contract or awarded through the scholarship program will be	2211
applied toward the payment of undergraduate, graduate, or	2212
professional tuition; or	2213

(2) An individual designated by the contributor under a	2214
variable college savings program contract as the individual whose	2215
tuition and other higher education expenses will be paid from a	2216
variable college savings program account.	2217

(C) "Capital appreciation bond" means a bond for which the	2218
following is true:	2219

(1) The principal amount is less than the amount payable at	2220
maturity or early redemption; and	2221

(2) No interest is payable on a current basis.

2222

(D) "Tuition credit" means a credit of the Ohio tuition trust	2223
authority purchased under section 3334.09 of the Revised Code.	2224

(E) "College savings bonds" means revenue and other	2225
obligations issued on behalf of the state or any agency or issuing	2226
authority thereof as a zero-coupon or capital appreciation bond,	2227
and designated as college savings bonds as provided in this	2228
chapter. "College savings bond issue" means any issue of bonds of	2229
which any part has been designated as college savings bonds.	2230

(F) "Institution of higher education" means a state	2231
institution of higher education, a private college, university, or	2232
other postsecondary institution located in this state that	2233
possesses a certificate of authorization issued by the Ohio board	2234
of regents pursuant to Chapter 1713. of the Revised Code or a	2235
certificate of registration issued by the state board of career	2236
colleges and schools under Chapter 3332. of the Revised Code, or	2237
an accredited college, university, or other postsecondary	2238
institution located outside this state that is accredited by an	2239
accrediting organization or professional association recognized by	2240
the authority. To be considered an institution of higher	2241
education, an institution shall meet the definition of an eligible	2242
educational institution under section 529 of the Internal Revenue	2243
Code.	2244

(G) "Issuing authority" means any authority, commission,	2245
body, agency, or individual empowered by the Ohio Constitution or	2246
the Revised Code to issue bonds or any other debt obligation of	2247
the state or any agency or department thereof. "Issuer" means the	2248
issuing authority or, if so designated under division (B) of	2249
section 3334.04 of the Revised Code, the treasurer of state.	2250

(H) "Tuition" means the charges imposed to attend an	2251
institution of higher education as an undergraduate, graduate, or	2252
professional student and all fees required as a condition of	2253
enrollment, as determined by the Ohio tuition trust authority.	2254
"Tuition" does not include laboratory fees, room and board, or	2255
other similar fees and charges.	2256

(I) "Weighted average tuition" means the tuition cost	2257
resulting from the following calculation:	2258

(1) Add the products of the annual undergraduate tuition	2259
charged to Ohio residents at each four-year state university	2260
multiplied by that institution's total number of undergraduate	2261
fiscal year equated students; and	2262

(2) Divide the gross total of the products from division	2263
(I)(1) of this section by the total number of undergraduate fiscal	2264
year equated students attending four-year state universities.	2265

When making this calculation, the "annual undergraduate	2266
tuition charged to Ohio residents" shall not incorporate any	2267
tuition reductions that vary in amount among individual recipients	2268
and that are awarded to Ohio residents based upon their particular	2269
circumstances.	2270

(J) "Zero-coupon bond" means a bond which has a stated	2271
interest rate of zero per cent and on which no interest is payable	2272
until the maturity or early redemption of the bond, and is offered	2273
at a substantial discount from its original stated principal	2274
amount.	2275

(K) "State institution of higher education" includes the	2276
state universities listed in section 3345.011 of the Revised Code,	2277
community colleges created pursuant to Chapter 3354. of the	2278
Revised Code, university branches created pursuant to Chapter	2279
3355. of the Revised Code, technical colleges created pursuant to	2280
Chapter 3357. of the Revised Code, state community colleges	2281
created pursuant to Chapter 3358. of the Revised Code, the medical	2282
college of Ohio at Toledo, and the northeastern Ohio universities	2283
college of medicine.	2284

(L) "Four-year state university" means those state	2285
universities listed in section 3345.011 of the Revised Code.	2286

(M) "Principal amount" refers to the initial offering price	2287
to the public of an obligation, exclusive of the accrued interest,	2288
if any. "Principal amount" does not refer to the aggregate	2289
accreted amount payable at maturity or redemption of an	2290
obligation.	2291

(N) "Scholarship program" means a program registered with the	2292
Ohio tuition trust authority pursuant to section 3334.17 of the	2293
Revised Code.	2294

(O) "Internal Revenue Code" means the "Internal Revenue Code	2295
of 1986," 100 Stat. 2085, 26 U.S.C.A. 1 et seq., as amended.	2296

(P) "Other higher education expenses" means room and board	2297
and books, supplies, equipment, and nontuition-related fees	2298
associated with the cost of attendance of a beneficiary at an	2299
institution of higher education, but only to the extent that such	2300
expenses meet the definition of "qualified higher education	2301
expenses" under section 529 of the Internal Revenue Code. "Other	2302
higher education expenses" does not include tuition as defined in	2303
division (H) of this section.	2304

(Q) "Purchaser" means the person signing the tuition payment	2305
contract, who controls the account and acquires tuition credits	2306
for an account under the terms and conditions of the contract.	2307

(R) "Contributor" means a person who signs a variable college	2308
savings program contract with the Ohio tuition trust authority and	2309
contributes to and owns the account created under the contract.	2310

(S) "Contribution" means any payment directly allocated to an	2311
account for the benefit of the designated beneficiary of the	2312
account.	2313

Sec. 3383.09. (A) There is hereby created in the state	2314
treasury the arts and sports facilities building fund, which shall	2315
consist of proceeds of obligations authorized to pay costs of Ohio	2316
arts facilities projectsand Ohio sports facilities for which	2317
appropriations are made by the general assembly. All investment	2318
earnings of the fund shall be credited to the fund.	2319

(B) There is hereby created in the state treasury the sports	2320
facilities building fund, which shall consist of proceeds of	2321
obligations authorized to pay costs of sports facilities projects	2322
for which appropriations are made by the general assembly. All	2323
investment earnings of the fund shall be credited to the fund.	2324

(C) The director of budget and management may transfer, to	2325
the Ohio arts and sports facilities commission administration	2326
fund, investment earnings credited to the arts facilities building	2327
fund and the sports facilities building fund that exceed the	2328
amounts required to meet estimated federal arbitrage rebate	2329
requirements when requested of the director of budget and	2330
management by the chairperson or executive director of the	2331
commission.	2332

Sec. 3701.881.  (A) As used in this section:

2333

(1) "Applicant" means both of the following:

2334

(a) A person who is under final consideration for appointment	2335
or employment with a home health agency in a position as a person	2336
responsible for the care, custody, or control of a child;	2337

(b) A person who is under final consideration for employment	2338
with a home health agency in a full-time, part-time, or temporary	2339
position that involves providing direct care to an older adult.	2340
With regard to persons providing direct care to older adults,	2341
"applicant" does not include a person who provides direct care as	2342
a volunteer without receiving or expecting to receive any form of	2343
remuneration other than reimbursement for actual expenses.	2344

(2) "Criminal records check" and "older adult" have the same	2345
meanings as in section 109.572 of the Revised Code.	2346

(3) "Home health agency" means a person or government entity,	2347
other than a nursing home, residential care facility, or hospice	2348
care program, that has the primary function of providing any of	2349
the following services to a patient at a place of residence used	2350
as the patient's home:	2351

(a) Skilled nursing care;

2352

(b) Physical therapy;

2353

(c) Speech-language pathology;

2354

(d) Occupational therapy;

2355

(e) Medical social services;

2356

(f) Home health aide services.

2357

(4) "Home health aide services" means any of the following	2358
services provided by an individual employed with or contracted for	2359
by a home health agency:	2360

(a) Hands-on bathing or assistance with a tub bath or shower;

2361

(b) Assistance with dressing, ambulation, and toileting;

2362

(c) Catheter care but not insertion;

2363

(d) Meal preparation and feeding.

2364

(5) "Hospice care program" has the same meaning as in section	2365
3712.01 of the Revised Code.	2366

(6) "Medical social services" means services provided by a	2367
social worker under the direction of a patient's attending	2368
physician.	2369

(7) "Minor drug possession offense" has the same meaning as	2370
in section 2925.01 of the Revised Code.	2371

(8) "Nursing home," "residential care facility," and "skilled	2372
nursing care" have the same meanings as in section 3721.01 of the	2373
Revised Code.	2374

(9) "Occupational therapy" has the same meaning as in section	2375
4755.01 of the Revised Code.	2376

(10) "Physical therapy" has the same meaning as in section	2377
4755.40 of the Revised Code.	2378

(11) "Social worker" means a person licensed under Chapter	2379
4757. of the Revised Code to practice as a social worker or	2380
independent social worker.	2381

(12) "Speech-language pathology" has the same meaning as in	2382
section 4753.01 of the Revised Code.	2383

(B)(1) Except as provided in division (I) of this section,	2384
the chief administrator of a home health agency shall request the	2385
superintendent of the bureau of criminal identification and	2386
investigation to conduct a criminal records check with respect to	2387
each applicant. If the position may involve both responsibility	2388
for the care, custody, or control of a child and provision of	2389
direct care to an older adult, the chief administrator shall	2390
request that the superintendent conduct a single criminal records	2391
check for the applicant. If an applicant for whom a criminal	2392
records check request is required under this division does not	2393
present proof of having been a resident of this state for the	2394
five-year period immediately prior to the date upon which the	2395
criminal records check is requested or does not provide evidence	2396
that within that five-year period the superintendent has requested	2397
information about the applicant from the federal bureau of	2398
investigation in a criminal records check, the chief administrator	2399
shall request that the superintendent obtain information from the	2400
federal bureau of investigation as a part of the criminal records	2401
check for the applicant. Even if an applicant for whom a criminal	2402
records check request is required under this division presents	2403
proof that the applicant has been a resident of this state for	2404
that five-year period, the chief administrator may request that	2405
the superintendent include information from the federal bureau of	2406
investigation in the criminal records check.	2407

(2) Any person required by division (B)(1) of this section to	2408
request a criminal records check shall provide to each applicant	2409
for whom a criminal records check request is required under that	2410
division a copy of the form prescribed pursuant to division (C)(1)	2411
of section 109.572 of the Revised Code and a standard impression	2412
sheet prescribed pursuant to division (C)(2) of section 109.572 of	2413
the Revised Code, obtain the completed form and impression sheet	2414
from each applicant, and forward the completed form and impression	2415
sheet to the superintendent of the bureau of criminal	2416
identification and investigation at the time the chief	2417
administrator requests a criminal records check pursuant to	2418
division (B)(1) of this section.	2419

(3) An applicant who receives pursuant to division (B)(2) of	2420
this section a copy of the form prescribed pursuant to division	2421
(C)(1) of section 109.572 of the Revised Code and a copy of an	2422
impression sheet prescribed pursuant to division (C)(2) of that	2423
section and who is requested to complete the form and provide a	2424
set of fingerprint impressions shall complete the form or provide	2425
all the information necessary to complete the form and shall	2426
provide the impression sheets with the impressions of the	2427
applicant's fingerprints. If an applicant, upon request, fails to	2428
provide the information necessary to complete the form or fails to	2429
provide fingerprint impressions, the home health agency shall not	2430
employ that applicant for any position for which a criminal	2431
records check is required by division (B)(1) of this section.	2432

(C)(1) Except as provided in rules adopted by the department	2433
of health in accordance with division (F) of this section and	2434
subject to division (C)(3) of this section, no home health agency	2435
shall employ a person as a person responsible for the care,	2436
custody, or control of a child if the person previously has been	2437
convicted of or pleaded guilty to any of the following:	2438

(a) A violation of section 2903.01, 2903.02, 2903.03,	2439
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	2440
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,	2441
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23,	2442
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01,	2443
2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25,	2444
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05,	2445
2925.06, or 3716.11 of the Revised Code, a violation of section	2446
2905.04 of the Revised Code as it existed prior to July 1, 1996, a	2447
violation of section 2919.23 of the Revised Code that would have	2448
been a violation of section 2905.04 of the Revised Code as it	2449
existed prior to July 1, 1996, had the violation been committed	2450
prior to that date, a violation of section 2925.11 of the Revised	2451
Code that is not a minor drug possession offense, or felonious	2452
sexual penetration in violation of former section 2907.12 of the	2453
Revised Code;	2454

(b) A violation of an existing or former law of this state,	2455
any other state, or the United States that is substantially	2456
equivalent to any of the offenses listed in division (C)(1)(a) of	2457
this section.	2458

(2) Except as provided in rules adopted by the department of	2459
health in accordance with division (F) of this section and subject	2460
to division (C)(3) of this section, no home health agency shall	2461
employ a person in a position that involves providing direct care	2462
to an older adult if the person previously has been convicted of	2463
or pleaded guilty to any of the following:	2464

(a) A violation of section 2903.01, 2903.02, 2903.03,	2465
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	2466
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,	2467
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31,	2468
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11,	2469
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,	2470
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36,	2471
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13,	2472
2925.22, 2925.23, or 3716.11 of the Revised Code.	2473

(b) A violation of an existing or former law of this state,	2474
any other state, or the United States that is substantially	2475
equivalent to any of the offenses listed in division (C)(2)(a) of	2476
this section.	2477

(3)(a) A home health agency may employ conditionally an	2478
applicant for whom a criminal records check request is required	2479
under division (B) of this section as a person responsible for the	2480
care, custody, or control of a child until the criminal records	2481
check regarding the applicant required by this section is	2482
completed and the agency receives the results of the criminal	2483
records check. If the results of the criminal records check	2484
indicate that, pursuant to division (C)(1) of this section, the	2485
applicant does not qualify for employment, the agency shall	2486
release the applicant from employment unless the agency chooses to	2487
employ the applicant pursuant to division (F) of this section.	2488

(b)(i) A home health agency may employ conditionally an	2489
applicant for whom a criminal records check request is required	2490
under division (B) of this section in a position that involves	2491
providing direct care to an older adult or in a position that	2492
involves both responsibility for the care, custody, and control of	2493
a child and the provision of direct care to older adults prior to	2494
obtaining the results of a criminal records check regarding the	2495
individual, provided that the agency shall request a criminal	2496
records check regarding the individual in accordance with division	2497
(B)(1) of this section not later than five business days after the	2498
individual begins conditional employment. In the circumstances	2499
described in division (I)(2) of this section, a home health agency	2500
may employ conditionally in a position that involves providing	2501
direct care to an older adult an applicant who has been referred	2502
to the home health agency by an employment service that supplies	2503
full-time, part-time, or temporary staff for positions involving	2504
the direct care of older adults and for whom, pursuant to that	2505
division, a criminal records check is not required under division	2506
(B) of this section. In the circumstances described in division	2507
(I)(4) of this section, a home health agency may employ	2508
conditionally in a position that involves both responsibility for	2509
the care, custody, and control of a child and the provision of	2510
direct care to older adults an applicant who has been referred to	2511
the home health agency by an employment service that supplies	2512
full-time, part-time, or temporary staff for positions involving	2513
both responsibility for the care, custody, and control of a child	2514
and the provision of direct care to older adults and for whom,	2515
pursuant to that division, a criminal records check is not	2516
required under division (B) of this section.	2517

(ii) A home health agency that employs an individual	2518
conditionally under authority of division (C)(3)(b)(i) of this	2519
section shall terminate the individual's employment if the results	2520
of the criminal records check requested under division (B)(1) of	2521
this section or described in division (I)(2) or (4) of this	2522
section, other than the results of any request for information	2523
from the federal bureau of investigation, are not obtained within	2524
the period ending sixtythirty days after the date the request is	2525
made. Regardless of when the results of the criminal records check	2526
are obtained, if the individual was employed conditionally in a	2527
position that involves the provision of direct care to older	2528
adults and the results indicate that the individual has been	2529
convicted of or pleaded guilty to any of the offenses listed or	2530
described in division (C)(2) of this section, or if the individual	2531
was employed conditionally in a position that involves both	2532
responsibility for the care, custody, and control of a child and	2533
the provision of direct care to older adults and the results	2534
indicate that the individual has been convicted of or pleaded	2535
guilty to any of the offenses listed or described in division	2536
(C)(1) or (2) of this section, the agency shall terminate the	2537
individual's employment unless the agency chooses to employ the	2538
individual pursuant to division (F) of this section. Termination	2539
of employment under this division shall be considered just cause	2540
for discharge for purposes of division (D)(2) of section 4141.29	2541
of the Revised Code if the individual makes any attempt to deceive	2542
the agency about the individual's criminal record.	2543

(D)(1) Each home health agency shall pay to the bureau of	2544
criminal identification and investigation the fee prescribed	2545
pursuant to division (C)(3) of section 109.572 of the Revised Code	2546
for each criminal records check conducted in accordance with that	2547
section upon the request pursuant to division (B)(1) of this	2548
section of the chief administrator of the home health agency.	2549

(2) A home health agency may charge an applicant a fee for	2550
the costs it incurs in obtaining a criminal records check under	2551
this section, unless the medical assistance program established	2552
under Chapter 5111. of the Revised Code reimburses the agency for	2553
the costs. A fee charged under division (D)(2) of this section	2554
shall not exceed the amount of fees the agency pays under division	2555
(D)(1) of this section. If a fee is charged under division (D)(2)	2556
of this section, the agency shall notify the applicant at the time	2557
of the applicant's initial application for employment of the	2558
amount of the fee and that, unless the fee is paid, the agency	2559
will not consider the applicant for employment.	2560

(E) The report of any criminal records check conducted by the	2561
bureau of criminal identification and investigation in accordance	2562
with section 109.572 of the Revised Code and pursuant to a request	2563
made under division (B)(1) of this section is not a public record	2564
for the purposes of section 149.43 of the Revised Code and shall	2565
not be made available to any person other than the following:	2566

(1) The individual who is the subject of the criminal records	2567
check or the individual's representative;	2568

(2) The home health agency requesting the criminal records	2569
check or its representative;	2570

(3) The administrator of any other facility, agency, or	2571
program that provides direct care to older adults that is owned or	2572
operated by the same entity that owns or operates the home health	2573
agency;	2574

(4) Any court, hearing officer, or other necessary individual	2575
involved in a case dealing with a denial of employment of the	2576
applicant or dealing with employment or unemployment benefits of	2577
the applicant;	2578

(5) Any person to whom the report is provided pursuant to,	2579
and in accordance with, division (I)(1), (2), (3), or (4) of this	2580
section.	2581

(F) The department of health shall adopt rules in accordance	2582
with Chapter 119. of the Revised Code to implement this section.	2583
The rules shall specify circumstances under which the home health	2584
agency may employ a person who has been convicted of or pleaded	2585
guilty to an offense listed or described in division (C)(1) of	2586
this section but who meets standards in regard to rehabilitation	2587
set by the department or employ a person who has been convicted of	2588
or pleaded guilty to an offense listed or described in division	2589
(C)(2) of this section but meets personal character standards set	2590
by the department.	2591

(G) Any person required by division (B)(1) of this section to	2592
request a criminal records check shall inform each person, at the	2593
time of initial application for employment that the person is	2594
required to provide a set of fingerprint impressions and that a	2595
criminal records check is required to be conducted and	2596
satisfactorily completed in accordance with section 109.572 of the	2597
Revised Code if the person comes under final consideration for	2598
appointment or employment as a precondition to employment for that	2599
position.	2600

(H) In a tort or other civil action for damages that is	2601
brought as the result of an injury, death, or loss to person or	2602
property caused by an individual who a home health agency employs	2603
in a position that involves providing direct care to older adults,	2604
all of the following shall apply:	2605

(1) If the agency employed the individual in good faith and	2606
reasonable reliance on the report of a criminal records check	2607
requested under this section, the agency shall not be found	2608
negligent solely because of its reliance on the report, even if	2609
the information in the report is determined later to have been	2610
incomplete or inaccurate;	2611

(2) If the agency employed the individual in good faith on a	2612
conditional basis pursuant to division (C)(3)(b) of this section,	2613
the agency shall not be found negligent solely because it employed	2614
the individual prior to receiving the report of a criminal records	2615
check requested under this section;	2616

(3) If the agency in good faith employed the individual	2617
according to the personal character standards established in rules	2618
adopted under division (F) of this section, the agency shall not	2619
be found negligent solely because the individual prior to being	2620
employed had been convicted of or pleaded guilty to an offense	2621
listed or described in division (C)(1) or (2) of this section.	2622

(I)(1) The chief administrator of a home health agency is not	2623
required to request that the superintendent of the bureau of	2624
criminal identification and investigation conduct a criminal	2625
records check of an applicant for a position that involves the	2626
provision of direct care to older adults if the applicant has been	2627
referred to the agency by an employment service that supplies	2628
full-time, part-time, or temporary staff for positions involving	2629
the direct care of older adults and both of the following apply:	2630

(a) The chief administrator receives from the employment	2631
service or the applicant a report of the results of a criminal	2632
records check regarding the applicant that has been conducted by	2633
the superintendent within the one-year period immediately	2634
preceding the applicant's referral;	2635

(b) The report of the criminal records check demonstrates	2636
that the person has not been convicted of or pleaded guilty to an	2637
offense listed or described in division (C)(2) of this section, or	2638
the report demonstrates that the person has been convicted of or	2639
pleaded guilty to one or more of those offenses, but the home	2640
health agency chooses to employ the individual pursuant to	2641
division (F) of this section.	2642

(2) The chief administrator of a home health agency is not	2643
required to request that the superintendent of the bureau of	2644
criminal identification and investigation conduct a criminal	2645
records check of an applicant for a position that involves	2646
providing direct care to older adults and may employ the applicant	2647
conditionally in a position of that nature as described in this	2648
division, if the applicant has been referred to the agency by an	2649
employment service that supplies full-time, part-time, or	2650
temporary staff for positions involving the direct care of older	2651
adults and if the chief administrator receives from the employment	2652
service or the applicant a letter from the employment service that	2653
is on the letterhead of the employment service, dated, and signed	2654
by a supervisor or another designated official of the employment	2655
service and that states that the employment service has requested	2656
the superintendent to conduct a criminal records check regarding	2657
the applicant, that the requested criminal records check will	2658
include a determination of whether the applicant has been	2659
convicted of or pleaded guilty to any offense listed or described	2660
in division (C)(2) of this section, that, as of the date set forth	2661
on the letter, the employment service had not received the results	2662
of the criminal records check, and that, when the employment	2663
service receives the results of the criminal records check, it	2664
promptly will send a copy of the results to the home health	2665
agency. If a home health agency employs an applicant conditionally	2666
in accordance with this division, the employment service, upon its	2667
receipt of the results of the criminal records check, promptly	2668
shall send a copy of the results to the home health agency, and	2669
division (C)(3)(b) of this section applies regarding the	2670
conditional employment.	2671

(3) The chief administrator of a home health agency is not	2672
required to request that the superintendent of the bureau of	2673
criminal identification and investigation conduct a criminal	2674
records check of an applicant for a position that involves both	2675
responsibility for the care, custody, and control of a child and	2676
the provision of direct care to older adults if the applicant has	2677
been referred to the agency by an employment service that supplies	2678
full-time, part-time, or temporary staff for positions involving	2679
both responsibility for the care, custody, and control of a child	2680
and the provision of direct care to older adults and both of the	2681
following apply:	2682

(a) The chief administrator receives from the employment	2683
service or applicant a report of a criminal records check of the	2684
type described in division (I)(1)(a) of this section;	2685

(b) The report of the criminal records check demonstrates	2686
that the person has not been convicted of or pleaded guilty to an	2687
offense listed or described in division (C)(1) or (2) of this	2688
section, or the report demonstrates that the person has been	2689
convicted of or pleaded guilty to one or more of those offenses,	2690
but the home health agency chooses to employ the individual	2691
pursuant to division (F) of this section.	2692

(4) The chief administrator of a home health agency is not	2693
required to request that the superintendent of the bureau of	2694
criminal identification and investigation conduct a criminal	2695
records check of an applicant for a position that involves both	2696
responsibility for the care, custody, and control of a child and	2697
the provision of direct care to older adults and may employ the	2698
applicant conditionally in a position of that nature as described	2699
in this division, if the applicant has been referred to the agency	2700
by an employment service that supplies full-time, part-time, or	2701
temporary staff for positions involving both responsibility for	2702
the care, custody, and control of a child and the direct care of	2703
older adults and if the chief administrator receives from the	2704
employment service or the applicant a letter from the employment	2705
service that is on the letterhead of the employment service,	2706
dated, and signed by a supervisor or another designated official	2707
of the employment service and that states that the employment	2708
service has requested the superintendent to conduct a criminal	2709
records check regarding the applicant, that the requested criminal	2710
records check will include a determination of whether the	2711
applicant has been convicted of or pleaded guilty to any offense	2712
listed or described in division (C)(1) or (2) of this section,	2713
that, as of the date set forth on the letter, the employment	2714
service had not received the results of the criminal records	2715
check, and that, when the employment service receives the results	2716
of the criminal records check, it promptly will send a copy of the	2717
results to the home health agency. If a home health agency employs	2718
an applicant conditionally in accordance with this division, the	2719
employment service, upon its receipt of the results of the	2720
criminal records check, promptly shall send a copy of the results	2721
to the home health agency, and division (C)(3)(b) of this section	2722
applies regarding the conditional employment.	2723

Sec. 3712.09.  (A) As used in this section:

2724

(1) "Applicant" means a person who is under final	2725
consideration for employment with a hospice care program in a	2726
full-time, part-time, or temporary position that involves	2727
providing direct care to an older adult. "Applicant" does not	2728
include a person who provides direct care as a volunteer without	2729
receiving or expecting to receive any form of remuneration other	2730
than reimbursement for actual expenses.	2731

(2) "Criminal records check" and "older adult" have the same	2732
meanings as in section 109.572 of the Revised Code.	2733

(B)(1) Except as provided in division (I) of this section,	2734
the chief administrator of a hospice care program shall request	2735
that the superintendent of the bureau of criminal identification	2736
and investigation conduct a criminal records check with respect to	2737
each applicant. If an applicant for whom a criminal records check	2738
request is required under this division does not present proof of	2739
having been a resident of this state for the five-year period	2740
immediately prior to the date the criminal records check is	2741
requested or provide evidence that within that five-year period	2742
the superintendent has requested information about the applicant	2743
from the federal bureau of investigation in a criminal records	2744
check, the chief administrator shall request that the	2745
superintendent obtain information from the federal bureau of	2746
investigation as part of the criminal records check of the	2747
applicant. Even if an applicant for whom a criminal records check	2748
request is required under this division presents proof of having	2749
been a resident of this state for the five-year period, the chief	2750
administrator may request that the superintendent include	2751
information from the federal bureau of investigation in the	2752
criminal records check.	2753

(2) A person required by division (B)(1) of this section to	2754
request a criminal records check shall do both of the following:	2755

(a) Provide to each applicant for whom a criminal records	2756
check request is required under that division a copy of the form	2757
prescribed pursuant to division (C)(1) of section 109.572 of the	2758
Revised Code and a standard fingerprint impression sheet	2759
prescribed pursuant to division (C)(2) of that section, and obtain	2760
the completed form and impression sheet from the applicant;	2761

(b) Forward the completed form and impression sheet to the	2762
superintendent of the bureau of criminal identification and	2763
investigation.	2764

(3) An applicant provided the form and fingerprint impression	2765
sheet under division (B)(2)(a) of this section who fails to	2766
complete the form or provide fingerprint impressions shall not be	2767
employed in any position for which a criminal records check is	2768
required by this section.	2769

(C)(1) Except as provided in rules adopted by the public	2770
health council in accordance with division (F) of this section and	2771
subject to division (C)(2) of this section, no hospice care	2772
program shall employ a person in a position that involves	2773
providing direct care to an older adult if the person has been	2774
convicted of or pleaded guilty to any of the following:	2775

(a) A violation of section 2903.01, 2903.02, 2903.03,	2776
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	2777
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,	2778
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31,	2779
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11,	2780
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,	2781
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36,	2782
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13,	2783
2925.22, 2925.23, or 3716.11 of the Revised Code.	2784

(b) A violation of an existing or former law of this state,	2785
any other state, or the United States that is substantially	2786
equivalent to any of the offenses listed in division (C)(1)(a) of	2787
this section.	2788

(2)(a) A hospice care program may employ conditionally an	2789
applicant for whom a criminal records check request is required	2790
under division (B) of this section prior to obtaining the results	2791
of a criminal records check regarding the individual, provided	2792
that the program shall request a criminal records check regarding	2793
the individual in accordance with division (B)(1) of this section	2794
not later than five business days after the individual begins	2795
conditional employment. In the circumstances described in division	2796
(I)(2) of this section, a hospice care program may employ	2797
conditionally an applicant who has been referred to the hospice	2798
care program by an employment service that supplies full-time,	2799
part-time, or temporary staff for positions involving the direct	2800
care of older adults and for whom, pursuant to that division, a	2801
criminal records check is not required under division (B) of this	2802
section.	2803

(b) A hospice care program that employs an individual	2804
conditionally under authority of division (C)(2)(a) of this	2805
section shall terminate the individual's employment if the results	2806
of the criminal records check requested under division (B) of this	2807
section or described in division (I)(2) of this section, other	2808
than the results of any request for information from the federal	2809
bureau of investigation, are not obtained within the period ending	2810
sixtythirty days after the date the request is made. Regardless	2811
of when the results of the criminal records check are obtained, if	2812
the results indicate that the individual has been convicted of or	2813
pleaded guilty to any of the offenses listed or described in	2814
division (C)(1) of this section, the program shall terminate the	2815
individual's employment unless the program chooses to employ the	2816
individual pursuant to division (F) of this section. Termination	2817
of employment under this division shall be considered just cause	2818
for discharge for purposes of division (D)(2) of section 4141.29	2819
of the Revised Code if the individual makes any attempt to deceive	2820
the program about the individual's criminal record.	2821

(D)(1) Each hospice care program shall pay to the bureau of	2822
criminal identification and investigation the fee prescribed	2823
pursuant to division (C)(3) of section 109.572 of the Revised Code	2824
for each criminal records check conducted pursuant to a request	2825
made under division (B) of this section.	2826

(2) A hospice care program may charge an applicant a fee not	2827
exceeding the amount the program pays under division (D)(1) of	2828
this section. A program may collect a fee only if both of the	2829
following apply:	2830

(a) The program notifies the person at the time of initial	2831
application for employment of the amount of the fee and that,	2832
unless the fee is paid, the person will not be considered for	2833
employment;	2834

(b) The medical assistance program established under Chapter	2835
5111. of the Revised Code does not reimburse the program the fee	2836
it pays under division (D)(1) of this section.	2837

(E) The report of a criminal records check conducted pursuant	2838
to a request made under this section is not a public record for	2839
the purposes of section 149.43 of the Revised Code and shall not	2840
be made available to any person other than the following:	2841

(1) The individual who is the subject of the criminal records	2842
check or the individual's representative;	2843

(2) The chief administrator of the program requesting the	2844
criminal records check or the administrator's representative;	2845

(3) The administrator of any other facility, agency, or	2846
program that provides direct care to older adults that is owned or	2847
operated by the same entity that owns or operates the hospice care	2848
program;	2849

(4) A court, hearing officer, or other necessary individual	2850
involved in a case dealing with a denial of employment of the	2851
applicant or dealing with employment or unemployment benefits of	2852
the applicant;	2853

(5) Any person to whom the report is provided pursuant to,	2854
and in accordance with, division (I)(1) or (2) of this section.	2855

(F) The public health council shall adopt rules in accordance	2856
with Chapter 119. of the Revised Code to implement this section.	2857
The rules shall specify circumstances under which a hospice care	2858
program may employ a person who has been convicted of or pleaded	2859
guilty to an offense listed or described in division (C)(1) of	2860
this section but meets personal character standards set by the	2861
council.	2862

(G) The chief administrator of a hospice care program shall	2863
inform each individual, at the time of initial application for a	2864
position that involves providing direct care to an older adult,	2865
that the individual is required to provide a set of fingerprint	2866
impressions and that a criminal records check is required to be	2867
conducted if the individual comes under final consideration for	2868
employment.	2869

(H) In a tort or other civil action for damages that is	2870
brought as the result of an injury, death, or loss to person or	2871
property caused by an individual who a hospice care program	2872
employs in a position that involves providing direct care to older	2873
adults, all of the following shall apply:	2874

(1) If the program employed the individual in good faith and	2875
reasonable reliance on the report of a criminal records check	2876
requested under this section, the program shall not be found	2877
negligent solely because of its reliance on the report, even if	2878
the information in the report is determined later to have been	2879
incomplete or inaccurate;	2880

(2) If the program employed the individual in good faith on a	2881
conditional basis pursuant to division (C)(2) of this section, the	2882
program shall not be found negligent solely because it employed	2883
the individual prior to receiving the report of a criminal records	2884
check requested under this section;	2885

(3) If the program in good faith employed the individual	2886
according to the personal character standards established in rules	2887
adopted under division (F) of this section, the program shall not	2888
be found negligent solely because the individual prior to being	2889
employed had been convicted of or pleaded guilty to an offense	2890
listed or described in division (C)(1) of this section.	2891

(I)(1) The chief administrator of a hospice care program is	2892
not required to request that the superintendent of the bureau of	2893
criminal identification and investigation conduct a criminal	2894
records check of an applicant if the applicant has been referred	2895
to the program by an employment service that supplies full-time,	2896
part-time, or temporary staff for positions involving the direct	2897
care of older adults and both of the following apply:	2898

(a) The chief administrator receives from the employment	2899
service or the applicant a report of the results of a criminal	2900
records check regarding the applicant that has been conducted by	2901
the superintendent within the one-year period immediately	2902
preceding the applicant's referral;	2903

(b) The report of the criminal records check demonstrates	2904
that the person has not been convicted of or pleaded guilty to an	2905
offense listed or described in division (C)(1) of this section, or	2906
the report demonstrates that the person has been convicted of or	2907
pleaded guilty to one or more of those offenses, but the hospice	2908
care program chooses to employ the individual pursuant to division	2909
(F) of this section.	2910

(2) The chief administrator of a hospice care program is not	2911
required to request that the superintendent of the bureau of	2912
criminal identification and investigation conduct a criminal	2913
records check of an applicant and may employ the applicant	2914
conditionally as described in this division, if the applicant has	2915
been referred to the program by an employment service that	2916
supplies full-time, part-time, or temporary staff for positions	2917
involving the direct care of older adults and if the chief	2918
administrator receives from the employment service or the	2919
applicant a letter from the employment service that is on the	2920
letterhead of the employment service, dated, and signed by a	2921
supervisor or another designated official of the employment	2922
service and that states that the employment service has requested	2923
the superintendent to conduct a criminal records check regarding	2924
the applicant, that the requested criminal records check will	2925
include a determination of whether the applicant has been	2926
convicted of or pleaded guilty to any offense listed or described	2927
in division (C)(1) of this section, that, as of the date set forth	2928
on the letter, the employment service had not received the results	2929
of the criminal records check, and that, when the employment	2930
service receives the results of the criminal records check, it	2931
promptly will send a copy of the results to the hospice care	2932
program. If a hospice care program employs an applicant	2933
conditionally in accordance with this division, the employment	2934
service, upon its receipt of the results of the criminal records	2935
check, promptly shall send a copy of the results to the hospice	2936
care program, and division (C)(2)(b) of this section applies	2937
regarding the conditional employment.	2938

Sec. 3734.02.  (A) The director of environmental protection,	2939
in accordance with Chapter 119. of the Revised Code, shall adopt	2940
and may amend, suspend, or rescind rules having uniform	2941
application throughout the state governing solid waste facilities	2942
and the inspections of and issuance of permits and licenses for	2943
all solid waste facilities in order to ensure that the facilities	2944
will be located, maintained, and operated, and will undergo	2945
closure and post-closure care, in a sanitary manner so as not to	2946
create a nuisance, cause or contribute to water pollution, create	2947
a health hazard, or violate 40 C.F.R. 257.3-2 or 40 C.F.R.	2948
257.3-8, as amended. The rules may include, without limitation,	2949
financial assurance requirements for closure and post-closure care	2950
and corrective action and requirements for taking corrective	2951
action in the event of the surface or subsurface discharge or	2952
migration of explosive gases or leachate from a solid waste	2953
facility, or of ground water contamination resulting from the	2954
transfer or disposal of solid wastes at a facility, beyond the	2955
boundaries of any area within a facility that is operating or is	2956
undergoing closure or post-closure care where solid wastes were	2957
disposed of or are being disposed of. The rules shall not concern	2958
or relate to personnel policies, salaries, wages, fringe benefits,	2959
or other conditions of employment of employees of persons owning	2960
or operating solid waste facilities. The director, in accordance	2961
with Chapter 119. of the Revised Code, shall adopt and may amend,	2962
suspend, or rescind rules governing the issuance, modification,	2963
revocation, suspension, or denial of variances from the director's	2964
solid waste rules, including, without limitation, rules adopted	2965
under this chapter governing the management of scrap tires.	2966

Variances shall be issued, modified, revoked, suspended, or	2967
rescinded in accordance with this division, rules adopted under	2968
it, and Chapter 3745. of the Revised Code. The director may order	2969
the person to whom a variance is issued to take such action within	2970
such time as the director may determine to be appropriate and	2971
reasonable to prevent the creation of a nuisance or a hazard to	2972
the public health or safety or the environment. Applications for	2973
variances shall contain such detail plans, specifications, and	2974
information regarding objectives, procedures, controls, and other	2975
pertinent data as the director may require. The director shall	2976
grant a variance only if the applicant demonstrates to the	2977
director's satisfaction that construction and operation of the	2978
solid waste facility in the manner allowed by the variance and any	2979
terms or conditions imposed as part of the variance will not	2980
create a nuisance or a hazard to the public health or safety or	2981
the environment. In granting any variance, the director shall	2982
state the specific provision or provisions whose terms are to be	2983
varied and also shall state specific terms or conditions imposed	2984
upon the applicant in place of the provision or provisions. The	2985
director may hold a public hearing on an application for a	2986
variance or renewal of a variance at a location in the county	2987
where the operations that are the subject of the application for	2988
the variance are conducted. The director shall give not less than	2989
twenty days' notice of the hearing to the applicant by certified	2990
mail and shall publish at least one notice of the hearing in a	2991
newspaper with general circulation in the county where the hearing	2992
is to be held. The director shall make available for public	2993
inspection at the principal office of the environmental protection	2994
agency a current list of pending applications for variances and a	2995
current schedule of pending variance hearings. The director shall	2996
make a complete stenographic record of testimony and other	2997
evidence submitted at the hearing. Within ten days after the	2998
hearing, the director shall make a written determination to issue,	2999
renew, or deny the variance and shall enter the determination and	3000
the basis for it into the record of the hearing. The director	3001
shall issue, renew, or deny an application for a variance or	3002
renewal of a variance within six months of the date upon which the	3003
director receives a complete application with all pertinent	3004
information and data required. No variance shall be issued,	3005
revoked, modified, or denied until the director has considered the	3006
relative interests of the applicant, other persons and property	3007
affected by the variance, and the general public. Any variance	3008
granted under this division shall be for a period specified by the	3009
director and may be renewed from time to time on such terms and	3010
for such periods as the director determines to be appropriate. No	3011
application shall be denied and no variance shall be revoked or	3012
modified without a written order stating the findings upon which	3013
the denial, revocation, or modification is based. A copy of the	3014
order shall be sent to the applicant or variance holder by	3015
certified mail.	3016

(B) The director shall prescribe and furnish the forms	3017
necessary to administer and enforce this chapter. The director may	3018
cooperate with and enter into agreements with other state, local,	3019
or federal agencies to carry out the purposes of this chapter. The	3020
director may exercise all incidental powers necessary to carry out	3021
the purposes of this chapter.	3022

The director may use moneys in the infectious waste	3023
management fund created in section 3734.021 of the Revised Code	3024
exclusively for administering and enforcing the provisions of this	3025
chapter governing the management of infectious wastes. Of each	3026
registration and renewal fee collected under rules adopted under	3027
division (A)(2)(a) of section 3734.021 or under section 3734.022	3028
of the Revised Code, the director, within forty-five days of its	3029
receipt, shall remit from the fund one-half of the fee received to	3030
the board of health of the health district in which the registered	3031
premises is located, or, in the instance of an infectious wastes	3032
transporter, to the board of health of the health district in	3033
which the transporter's principal place of business is located.	3034
However, if the board of health having jurisdiction over a	3035
registrant's premises or principal place of business is not on the	3036
approved list under section 3734.08 of the Revised Code, the	3037
director shall not make that payment to the board of health.	3038

(C) Except as provided in this division and divisions (N)(2)	3039
and (3) of this section, no person shall establish a new solid	3040
waste facility or infectious waste treatment facility, or modify	3041
an existing solid waste facility or infectious waste treatment	3042
facility, without submitting an application for a permit with	3043
accompanying detail plans, specifications, and information	3044
regarding the facility and method of operation and receiving a	3045
permit issued by the director, except that no permit shall be	3046
required under this division to install or operate a solid waste	3047
facility for sewage sludge treatment or disposal when the	3048
treatment or disposal is authorized by a current permit issued	3049
under Chapter 3704. or 6111. of the Revised Code.	3050

No person shall continue to operate a solid waste facility	3051
for which the director has denied a permit for which an	3052
application was required under division (A)(3) of section 3734.05	3053
of the Revised Code, or for which the director has disapproved	3054
plans and specifications required to be filed by an order issued	3055
under division (A)(5) of that section, after the date prescribed	3056
for commencement of closure of the facility in the order issued	3057
under division (A)(6) of section 3734.05 of the Revised Code	3058
denying the permit application or approval.	3059

On and after the effective date of the rules adopted under	3060
division (A) of this section and division (D) of section 3734.12	3061
of the Revised Code governing solid waste transfer facilities, no	3062
person shall establish a new, or modify an existing, solid waste	3063
transfer facility without first submitting an application for a	3064
permit with accompanying engineering detail plans, specifications,	3065
and information regarding the facility and its method of operation	3066
to the director and receiving a permit issued by the director.	3067

No person shall establish a new compost facility or continue	3068
to operate an existing compost facility that accepts exclusively	3069
source separated yard wastes without submitting a completed	3070
registration for the facility to the director in accordance with	3071
rules adopted under divisions (A) and (N)(3) of this section.	3072

This division does not apply to an infectious waste treatment	3073
facility that meets any of the following conditions:	3074

(1) Is owned or operated by the generator of the wastes and	3075
exclusively treats, by methods, techniques, and practices	3076
established by rules adopted under division (C)(1) or (3) of	3077
section 3734.021 of the Revised Code, wastes that are generated at	3078
any premises owned or operated by that generator regardless of	3079
whether the wastes are generated on the premises where the	3080
generator's treatment facility is located or, if the generator is	3081
a hospital as defined in section 3727.01 of the Revised Code,	3082
infectious wastes that are described in division (A)(1)(g), (h),	3083
or (i) of section 3734.021 of the Revised Code;	3084

(2) Holds a license or renewal of a license to operate a	3085
crematory facility issued under Chapter 4717. and a permit issued	3086
under Chapter 3704. of the Revised Code;	3087

(3) Treats or disposes of dead animals or parts thereof, or	3088
the blood of animals, and is subject to any of the following:	3089

(a) Inspection under the "Federal Meat Inspection Act," 81	3090
Stat. 584 (1967), 21 U.S.C.A. 603, as amended;	3091

(b) Chapter 918. of the Revised Code;

3092

(c) Chapter 953. of the Revised Code.

3093

(D) Neither this chapter nor any rules adopted under it apply	3094
to single-family residential premises; to infectious wastes	3095
generated by individuals for purposes of their own care or	3096
treatment that are disposed of with solid wastes from the	3097
individual's residence; to the temporary storage of solid wastes,	3098
other than scrap tires, prior to their collection for disposal; to	3099
the storage of one hundred or fewer scrap tires unless they are	3100
stored in such a manner that, in the judgment of the director or	3101
the board of health of the health district in which the scrap	3102
tires are stored, the storage causes a nuisance, a hazard to	3103
public health or safety, or a fire hazard; or to the collection of	3104
solid wastes, other than scrap tires, by a political subdivision	3105
or a person holding a franchise or license from a political	3106
subdivision of the state; to composting, as defined in section	3107
1511.01 of the Revised Code, conducted in accordance with section	3108
1511.022 of the Revised Code; or to any person who is licensed to	3109
transport raw rendering material to a compost facility pursuant to	3110
section 953.23 of the Revised Code.	3111

(E)(1) As used in this division and section 3734.18 of the	3112
Revised Code:	3113

(a) "On-site facility" means a facility that stores, treats,	3114
or disposes of hazardous waste that is generated on the premises	3115
of the facility.	3116

(b) "Off-site facility" means a facility that stores, treats,	3117
or disposes of hazardous waste that is generated off the premises	3118
of the facility and includes such a facility that is also an	3119
on-site facility.	3120

(c) "Satellite facility" means any of the following:

3121

(i) An on-site facility that also receives hazardous waste	3122
from other premises owned by the same person who generates the	3123
waste on the facility premises;	3124

(ii) An off-site facility operated so that all of the	3125
hazardous waste it receives is generated on one or more premises	3126
owned by the person who owns the facility;	3127

(iii) An on-site facility that also receives hazardous waste	3128
that is transported uninterruptedly and directly to the facility	3129
through a pipeline from a generator who is not the owner of the	3130
facility.	3131

(2) Except as provided in division (E)(3) of this section, no	3132
person shall establish or operate a hazardous waste facility, or	3133
use a solid waste facility for the storage, treatment, or disposal	3134
of any hazardous waste, without a hazardous waste facility	3135
installation and operation permit issued in accordance with	3136
section 3734.05 of the Revised Code and subject to the payment of	3137
an application fee not to exceed one thousand five hundred	3138
dollars, payable upon application for a hazardous waste facility	3139
installation and operation permit and upon application for a	3140
renewal permit issued under division (H) of section 3734.05 of the	3141
Revised Code, to be credited to the hazardous waste facility	3142
management fund created in section 3734.18 of the Revised Code.	3143
The term of a hazardous waste facility installation and operation	3144
permit shall not exceed five years.	3145

In addition to the application fee, there is hereby levied an	3146
annual permit fee to be paid by the permit holder upon the	3147
anniversaries of the date of issuance of the hazardous waste	3148
facility installation and operation permit and of any subsequent	3149
renewal permits and to be credited to the hazardous waste facility	3150
management fund. Annual permit fees totaling forty thousand	3151
dollars or more for any one facility may be paid on a quarterly	3152
basis with the first quarterly payment each year being due on the	3153
anniversary of the date of issuance of the hazardous waste	3154
facility installation and operation permit and of any subsequent	3155
renewal permits. The annual permit fee shall be determined for	3156
each permit holder by the director in accordance with the	3157
following schedule:	3158

A hazardous waste disposal facility that disposes of	3189
hazardous waste by deep well injection and that pays the annual	3190
permit fee established in section 6111.046 of the Revised Code is	3191
not subject to the permit fee established in this division unless	3192
the director determines that the facility is not in compliance	3193
with applicable requirements established under this chapter and	3194
rules adopted under it.	3195

In determining the annual permit fee required by this	3196
section, the director shall not require additional payments for	3197
multiple units of the same method of storage, treatment, or	3198
disposal or for individual units that are used for both storage	3199
and treatment. A facility using more than one method of storage,	3200
treatment, or disposal shall pay the permit fee indicated by the	3201
schedule for each such method.	3202

The director shall not require the payment of that portion of	3203
an annual permit fee of any permit holder that would apply to a	3204
hazardous waste management unit for which a permit has been	3205
issued, but for which construction has not yet commenced. Once	3206
construction has commenced, the director shall require the payment	3207
of a part of the appropriate fee indicated by the schedule that	3208
bears the same relationship to the total fee that the number of	3209
days remaining until the next anniversary date at which payment of	3210
the annual permit fee is due bears to three hundred sixty-five.	3211

The director, by rules adopted in accordance with Chapters	3212
119. and 3745. of the Revised Code, shall prescribe procedures for	3213
collecting the annual permit fee established by this division and	3214
may prescribe other requirements necessary to carry out this	3215
division.	3216

(3) The prohibition against establishing or operating a	3217
hazardous waste facility without a hazardous waste facility	3218
installation and operation permit does not apply to either of the	3219
following:	3220

(a) A facility that is operating in accordance with a permit	3221
renewal issued under division (H) of section 3734.05 of the	3222
Revised Code, a revision issued under division (I) of that section	3223
as it existed prior to August 20, 1996, or a modification issued	3224
by the director under division (I) of that section on and after	3225
August 20, 1996;	3226

(b) Except as provided in division (J) of section 3734.05 of	3227
the Revised Code, a facility that will operate or is operating in	3228
accordance with a permit by rule, or that is not subject to permit	3229
requirements, under rules adopted by the director. In accordance	3230
with Chapter 119. of the Revised Code, the director shall adopt,	3231
and subsequently may amend, suspend, or rescind, rules for the	3232
purposes of division (E)(3)(b) of this section. Any rules so	3233
adopted shall be consistent with and equivalent to regulations	3234
pertaining to interim status adopted under the "Resource	3235
Conservation and Recovery Act of 1976," 90 Stat. 2806, 42 U.S.C.A.	3236
6921, as amended, except as otherwise provided in this chapter.	3237

If a modification is requested or proposed for a facility	3238
described in division (E)(3)(a) or (b) of this section, division	3239
(I)(7) of section 3734.05 of the Revised Code applies.	3240

(F) No person shall store, treat, or dispose of hazardous	3241
waste identified or listed under this chapter and rules adopted	3242
under it, regardless of whether generated on or off the premises	3243
where the waste is stored, treated, or disposed of, or transport	3244
or cause to be transported any hazardous waste identified or	3245
listed under this chapter and rules adopted under it to any other	3246
premises, except at or to any of the following:	3247

(1) A hazardous waste facility operating under a permit	3248
issued in accordance with this chapter;	3249

(2) A facility in another state operating under a license or	3250
permit issued in accordance with the "Resource Conservation and	3251
Recovery Act of 1976," 90 Stat. 2806, 42 U.S.C.A. 6921, as	3252
amended;	3253

(3) A facility in another nation operating in accordance with	3254
the laws of that nation;	3255

(4) A facility holding a permit issued pursuant to Title I of	3256
the "Marine Protection, Research, and Sanctuaries Act of 1972," 86	3257
Stat. 1052, 33 U.S.C.A. 1401, as amended;	3258

(5) A hazardous waste facility as described in division	3259
(E)(3)(a) or (b) of this section.	3260

(G) The director, by order, may exempt any person generating,	3261
collecting, storing, treating, disposing of, or transporting solid	3262
wastes or hazardous waste, or processing solid wastes that consist	3263
of scrap tires, in such quantities or under such circumstances	3264
that, in the determination of the director, are unlikely to	3265
adversely affect the public health or safety or the environment	3266
from any requirement to obtain a registration certificate, permit,	3267
or license or comply with the manifest system or other	3268
requirements of this chapter. Such an exemption shall be	3269
consistent with and equivalent to any regulations adopted by the	3270
administrator of the United States environmental protection agency	3271
under the "Resource Conservation and Recovery Act of 1976," 90	3272
Stat. 2806, 42 U.S.C.A. 6921, as amended, except as otherwise	3273
provided in this chapter.	3274

(H) No person shall engage in filling, grading, excavating,	3275
building, drilling, or mining on land where a hazardous waste	3276
facility, or a solid waste facility, was operated without prior	3277
authorization from the director, who shall establish the procedure	3278
for granting such authorization by rules adopted in accordance	3279
with Chapter 119. of the Revised Code.	3280

A public utility that has main or distribution lines above or	3281
below the land surface located on an easement or right-of-way	3282
across land where a solid waste facility was operated may engage	3283
in any such activity within the easement or right-of-way without	3284
prior authorization from the director for purposes of performing	3285
emergency repair or emergency replacement of its lines; of the	3286
poles, towers, foundations, or other structures supporting or	3287
sustaining any such lines; or of the appurtenances to those	3288
structures, necessary to restore or maintain existing public	3289
utility service. A public utility may enter upon any such easement	3290
or right-of-way without prior authorization from the director for	3291
purposes of performing necessary or routine maintenance of those	3292
portions of its existing lines; of the existing poles, towers,	3293
foundations, or other structures sustaining or supporting its	3294
lines; or of the appurtenances to any such supporting or	3295
sustaining structure, located on or above the land surface on any	3296
such easement or right-of-way. Within twenty-four hours after	3297
commencing any such emergency repair, replacement, or maintenance	3298
work, the public utility shall notify the director or the	3299
director's authorized representative of those activities and shall	3300
provide such information regarding those activities as the	3301
director or the director's representative may request. Upon	3302
completion of the emergency repair, replacement, or maintenance	3303
activities, the public utility shall restore any land of the solid	3304
waste facility disturbed by those activities to the condition	3305
existing prior to the commencement of those activities.	3306

(I) No owner or operator of a hazardous waste facility, in	3307
the operation of the facility, shall cause, permit, or allow the	3308
emission therefrom of any particulate matter, dust, fumes, gas,	3309
mist, smoke, vapor, or odorous substance that, in the opinion of	3310
the director, unreasonably interferes with the comfortable	3311
enjoyment of life or property by persons living or working in the	3312
vicinity of the facility, or that is injurious to public health.	3313
Any such action is hereby declared to be a public nuisance.	3314

(J) Notwithstanding any other provision of this chapter, in	3315
the event the director finds an imminent and substantial danger to	3316
public health or safety or the environment that creates an	3317
emergency situation requiring the immediate treatment, storage, or	3318
disposal of hazardous waste, the director may issue a temporary	3319
emergency permit to allow the treatment, storage, or disposal of	3320
the hazardous waste at a facility that is not otherwise authorized	3321
by a hazardous waste facility installation and operation permit to	3322
treat, store, or dispose of the waste. The emergency permit shall	3323
not exceed ninety days in duration and shall not be renewed. The	3324
director shall adopt, and may amend, suspend, or rescind, rules in	3325
accordance with Chapter 119. of the Revised Code governing the	3326
issuance, modification, revocation, and denial of emergency	3327
permits.	3328

(K) No owner or operator of a sanitary landfill shall	3329
knowingly accept for disposal, or dispose of, any infectious	3330
wastes, other than those subject to division (A)(1)(c) of section	3331
3734.021 of the Revised Code, that have not been treated to render	3332
them noninfectious. For the purposes of this division,	3333
certification by the owner or operator of the treatment facility	3334
where the wastes were treated on the shipping paper required by	3335
rules adopted under division (D)(2) of that section creates a	3336
rebuttable presumption that the wastes have been so treated.	3337

(L) The director, in accordance with Chapter 119. of the	3338
Revised Code, shall adopt, and may amend, suspend, or rescind,	3339
rules having uniform application throughout the state establishing	3340
a training and certification program that shall be required for	3341
employees of boards of health who are responsible for enforcing	3342
the solid waste and infectious waste provisions of this chapter	3343
and rules adopted under them and for persons who are responsible	3344
for the operation of solid waste facilities or infectious waste	3345
treatment facilities. The rules shall provide all of the	3346
following, without limitation:	3347

(1) The program shall be administered by the director and	3348
shall consist of a course on new solid waste and infectious waste	3349
technologies, enforcement procedures, and rules;	3350

(2) The course shall be offered on an annual basis;

3351

(3) Those persons who are required to take the course under	3352
division (L) of this section shall do so triennially;	3353

(4) Persons who successfully complete the course shall be	3354
certified by the director;	3355

(5) Certification shall be required for all employees of	3356
boards of health who are responsible for enforcing the solid waste	3357
or infectious waste provisions of this chapter and rules adopted	3358
under them and for all persons who are responsible for the	3359
operation of solid waste facilities or infectious waste treatment	3360
facilities;	3361

(6)(a) All employees of a board of health who, on the	3362
effective date of the rules adopted under this division, are	3363
responsible for enforcing the solid waste or infectious waste	3364
provisions of this chapter and the rules adopted under them shall	3365
complete the course and be certified by the director not later	3366
than January 1, 1995;	3367

(b) All employees of a board of health who, after the	3368
effective date of the rules adopted under division (L) of this	3369
section, become responsible for enforcing the solid waste or	3370
infectious waste provisions of this chapter and rules adopted	3371
under them and who do not hold a current and valid certification	3372
from the director at that time shall complete the course and be	3373
certified by the director within two years after becoming	3374
responsible for performing those activities.	3375

No person shall fail to obtain the certification required	3376
under this division.	3377

(M) The director shall not issue a permit under section	3378
3734.05 of the Revised Code to establish a solid waste facility,	3379
or to modify a solid waste facility operating on December 21,	3380
1988, in a manner that expands the disposal capacity or geographic	3381
area covered by the facility, that is or is to be located within	3382
the boundaries of a state park established or dedicated under	3383
Chapter 1541. of the Revised Code, a state park purchase area	3384
established under section 1541.02 of the Revised Code, any unit of	3385
the national park system, or any property that lies within the	3386
boundaries of a national park or recreation area, but that has not	3387
been acquired or is not administered by the secretary of the	3388
United States department of the interior, located in this state,	3389
or any candidate area located in this state and identified for	3390
potential inclusion in the national park system in the edition of	3391
the "national park system plan" submitted under paragraph (b) of	3392
section 8 of "The Act of August 18, 1970," 84 Stat. 825, 16	3393
U.S.C.A. 1a-5, as amended, current at the time of filing of the	3394
application for the permit, unless the facility or proposed	3395
facility is or is to be used exclusively for the disposal of solid	3396
wastes generated within the park or recreation area and the	3397
director determines that the facility or proposed facility will	3398
not degrade any of the natural or cultural resources of the park	3399
or recreation area. The director shall not issue a variance under	3400
division (A) of this section and rules adopted under it, or issue	3401
an exemption order under division (G) of this section, that would	3402
authorize any such establishment or expansion of a solid waste	3403
facility within the boundaries of any such park or recreation	3404
area, state park purchase area, or candidate area, other than a	3405
solid waste facility exclusively for the disposal of solid wastes	3406
generated within the park or recreation area when the director	3407
determines that the facility will not degrade any of the natural	3408
or cultural resources of the park or recreation area.	3409

(N)(1) The rules adopted under division (A) of this section,	3410
other than those governing variances, do not apply to scrap tire	3411
collection, storage, monocell, monofill, and recovery facilities.	3412
Those facilities are subject to and governed by rules adopted	3413
under sections 3734.70 to 3734.73 of the Revised Code, as	3414
applicable.	3415

(2) Division (C) of this section does not apply to scrap tire	3416
collection, storage, monocell, monofill, and recovery facilities.	3417
The establishment and modification of those facilities are subject	3418
to sections 3734.75 to 3734.78 and section 3734.81 of the Revised	3419
Code, as applicable.	3420

(3) The director may adopt, amend, suspend, or rescind rules	3421
under division (A) of this section creating an alternative system	3422
for authorizing the establishment, operation, or modification of a	3423
solid waste compost facility in lieu of the requirement that a	3424
person seeking to establish, operate, or modify a solid waste	3425
compost facility apply for and receive a permit under division (C)	3426
of this section and section 3734.05 of the Revised Code and a	3427
license under division (A)(1) of that section. The rules may	3428
include requirements governing, without limitation, the	3429
classification of solid waste compost facilities, the submittal of	3430
operating records for solid waste compost facilities, and the	3431
creation of a registration or notification system in lieu of the	3432
issuance of permits and licenses for solid waste compost	3433
facilities. The rules shall specify the applicability of divisions	3434
(A)(1), (2)(a), (3), and (4) of section 3734.05 of the Revised	3435
Code to a solid waste compost facility.	3436

Sec. 3734.18.  (A) As used in this section:

3437

(1) "On-site facility" means a facility that treats or	3438
disposes of hazardous waste that is generated on the premises of	3439
the facility.	3440

(2) "Off-site facility" means a facility that treats or	3441
disposes of hazardous waste that is generated off the premises of	3442
the facility.	3443

(3) "Satellite facility" means any of the following:

3444

(a) An on-site facility that also receives hazardous waste	3445
from other premises owned by the same person who generates the	3446
waste on the facility premises;	3447

(b) An off-site facility operated so that all of the	3448
hazardous waste it receives is generated on one or more premises	3449
owned by the person who owns the facility;	3450

(c) An on-site facility that also receives hazardous waste	3451
that is transported uninterruptedly and directly to the facility	3452
through a pipeline from a generator who is not the owner of the	3453
facility.	3454

(B) A treatment or disposal facility that is subject to the	3455
fees that are levied under this section may be both an on-site	3456
facility and an off-site facility. The determination of whether an	3457
on-site facility fee or an off-site facility fee is to be paid for	3458
a hazardous waste that is treated or disposed of at the facility	3459
shall be based on whether that hazardous waste was generated on or	3460
off the premises of the facility.	3461

(C) There are hereby levied fees on the disposal of hazardous	3462
waste to be collected according to the following schedule at each	3463
disposal facility to which a hazardous waste facility installation	3464
and operation permit or renewal of a permit has been issued under	3465
this chapter or that is operating in accordance with a permit by	3466
rule under rules adopted by the director of environmental	3467
protection:	3468

(1) For disposal facilities that are off-site facilities as	3469
defined in division (E) of section 3734.02 of the Revised Code,	3470
fees shall be levied at the rate of four dollars and fifty cents	3471
per ton for hazardous waste disposed of by deep well injection and	3472
nine dollars per ton for hazardous waste disposed of by land	3473
application or landfilling. The owner or operator of the facility,	3474
as a trustee for the state, shall collect the fees and forward	3475
them to the director in accordance with rules adopted under this	3476
section.	3477

(2) For disposal facilities that are on-site or satellite	3478
facilities, as defined in division (E) of section 3734.02 of the	3479
Revised Code, fees shall be levied at the rate of two dollars per	3480
ton for hazardous waste disposed of by deep well injection and	3481
four dollars per ton for hazardous waste disposed of by land	3482
application or landfilling. The maximum annual disposal fee for an	3483
on-site disposal facility that disposes of one hundred thousand	3484
tons or less of hazardous waste in a year is twenty-five thousand	3485
dollars. The maximum annual disposal fee for an on-site facility	3486
that disposes of more than one hundred thousand tons of hazardous	3487
waste in a year by land application or landfilling is fifty	3488
thousand dollars, and the maximum annual fee for an on-site	3489
facility that disposes of more than one hundred thousand tons of	3490
hazardous waste in a year by deep well injection is one hundred	3491
thousand dollars. The maximum annual disposal fee for a satellite	3492
facility that disposes of one hundred thousand tons or less of	3493
hazardous waste in a year is thirty-seven thousand five hundred	3494
dollars, and the maximum annual disposal fee for a satellite	3495
facility that disposes of more than one hundred thousand tons of	3496
hazardous waste in a year is seventy-five thousand dollars, except	3497
that a satellite facility defined under division (E)(A)(3)(b) of	3498
this section 3734.02 of the Revised Code that receives hazardous	3499
waste from a single generation site is subject to the same maximum	3500
annual disposal fees as an on-site disposal facility. The owner or	3501
operator shall pay the fee to the director each year upon the	3502
anniversary of the date of issuance of the owner's or operator's	3503
installation and operation permit during the term of that permit	3504
and any renewal permit issued under division (H) of section	3505
3734.05 of the Revised Code or on the anniversary of the date of a	3506
permit by rule. If payment is late, the owner or operator shall	3507
pay an additional ten per cent of the amount of the fee for each	3508
month that it is late.	3509

(B)(D) There are hereby levied fees at the rate of two	3510
dollars per ton on hazardous waste that is treated at treatment	3511
facilities that are not on-site or satellite facilities, as	3512
defined in division (E) of section 3734.02 of the Revised Code, to	3513
which a hazardous waste facility installation and operation permit	3514
or renewal of a permit has been issued under this chapter, whose	3515
owner or operator is operating in accordance with a permit by rule	3516
under rules adopted by the director, or that are not subject to	3517
the hazardous waste facility installation and operation permit	3518
requirements under rules adopted by the director.	3519

(C)(E) There are hereby levied additional fees on the	3520
treatment and disposal of hazardous waste at the rate of ten per	3521
cent of the applicable fees prescribed in division (A)(C) or	3522
(B)(D) of this section for the purposes of paying the costs of	3523
municipal corporations and counties for conducting reviews of	3524
applications for hazardous waste facility installation and	3525
operation permits for proposed new or modified hazardous waste	3526
landfills within their boundaries, emergency response actions with	3527
respect to releases of hazardous waste from hazardous waste	3528
facilities within their boundaries, monitoring the operation of	3529
such hazardous waste facilities, and local waste management	3530
planning programs. The owner or operator of a facility located	3531
within a municipal corporation, as a trustee for the municipal	3532
corporation, shall collect the fees levied by this division and	3533
forward them to the treasurer of the municipal corporation or such	3534
officer as, by virtue of the charter, has the duties of the	3535
treasurer in accordance with rules adopted under this section. The	3536
owner or operator of a facility located in an unincorporated area,	3537
as a trustee of the county in which the facility is located, shall	3538
collect the fees levied by this division and forward them to the	3539
county treasurer of that county in accordance with rules adopted	3540
under this section. The owner or operator shall pay the fees	3541
levied by this division to the treasurer or such other officer of	3542
the municipal corporation or to the county treasurer each year	3543
upon the anniversary of the date of issuance of the owner's or	3544
operator's installation and operation permit during the term of	3545
that permit and any renewal permit issued under division (H) of	3546
section 3734.05 of the Revised Code or on the anniversary of the	3547
date of a permit by rule or the date on which the facility became	3548
exempt from hazardous waste facility installation and operation	3549
permit requirements under rules adopted by the director. If	3550
payment is late, the owner or operator shall pay an additional ten	3551
per cent of the amount of the fee for each month that the payment	3552
is late.	3553

Moneys received by a municipal corporation under this	3554
division shall be paid into a special fund of the municipal	3555
corporation and used exclusively for the purposes of conducting	3556
reviews of applications for hazardous waste facility installation	3557
and operation permits for new or modified hazardous waste	3558
landfills located or proposed within the municipal corporation,	3559
conducting emergency response actions with respect to releases of	3560
hazardous waste from facilities located within the municipal	3561
corporation, monitoring operation of such hazardous waste	3562
facilities, and conducting waste management planning programs	3563
within the municipal corporation through employees of the	3564
municipal corporation or pursuant to contracts entered into with	3565
persons or political subdivisions. Moneys received by a board of	3566
county commissioners under this division shall be paid into a	3567
special fund of the county and used exclusively for those purposes	3568
within the unincorporated area of the county through employees of	3569
the county or pursuant to contracts entered into with persons or	3570
political subdivisions.	3571

(D)(F) As used in this section, "treatment" or "treated" does	3572
not include any method, technique, or process designed to recover	3573
energy or material resources from the waste or to render the waste	3574
amenable for recovery. The fees levied by division (B)(D) of this	3575
section do not apply to hazardous waste that is treated and	3576
disposed of on the same premises or by the same person.	3577

(E)(G) The director, by rules adopted in accordance with	3578
Chapters 119. and 3745. of the Revised Code, shall prescribe any	3579
dates not specified in this section and procedures for collecting	3580
and forwarding the fees prescribed by this section and may	3581
prescribe other requirements that are necessary to carry out this	3582
section.	3583

The director shall deposit the moneys collected under	3584
divisions (A)(C) and (B)(D) of this section into one or more	3585
minority banks, as "minority bank" is defined in division (F)(1)	3586
of section 135.04 of the Revised Code, to the credit of the	3587
hazardous waste facility management fund, which is hereby created	3588
in the state treasury, except that the director shall deposit to	3589
the credit of the underground injection control fund created in	3590
section 6111.046 of the Revised Code moneys in excess of fifty	3591
thousand dollars that are collected during a fiscal year under	3592
division (A)(C)(2) of this section from the fee levied on the	3593
disposal of hazardous waste by deep well injection at an on-site	3594
disposal facility that disposes of more than one hundred thousand	3595
tons of hazardous waste in a year.	3596

The environmental protection agency may use moneys in the	3597
hazardous waste facility management fund for administration of the	3598
hazardous waste program established under this chapter and, in	3599
accordance with this section, may request approval by the	3600
controlling board for that use on an annual basis. In addition,	3601
the agency may use and pledge moneys in that fund for repayment of	3602
and for interest on any loans made by the Ohio water development	3603
authority to the agency for the hazardous waste program	3604
established under this chapter without the necessity of requesting	3605
approval by the controlling board, which use and pledge shall have	3606
priority over any other use of the moneys in the fund.	3607

Until September 28, 1996, the director also may use moneys in	3608
the fund to pay the start-up costs of administering Chapter 3746.	3609
of the Revised Code.	3610

If moneys in the fund that the agency uses in accordance with	3611
this chapter are reimbursed by grants or other moneys from the	3612
United States government, the grants or other moneys shall be	3613
placed in the fund.	3614

Before the agency makes any expenditure from the fund other	3615
than for repayment of and interest on any loan made by the Ohio	3616
water development authority to the agency in accordance with this	3617
section, the controlling board shall approve the expenditure.	3618

Sec. 3734.57.  (A) For the purposes of paying the state's	3619
long-term operation costs or matching share for actions taken	3620
under the "Comprehensive Environmental Response, Compensation, and	3621
Liability Act of 1980," 94 Stat. 2767, 42 U.S.C.A. 9601, as	3622
amended; paying the costs of measures for proper clean-up of sites	3623
where polychlorinated biphenyls and substances, equipment, and	3624
devices containing or contaminated with polychlorinated biphenyls	3625
have been stored or disposed of; paying the costs of conducting	3626
surveys or investigations of solid waste facilities or other	3627
locations where it is believed that significant quantities of	3628
hazardous waste were disposed of and for conducting enforcement	3629
actions arising from the findings of such surveys or	3630
investigations; paying the costs of acquiring and cleaning up, or	3631
providing financial assistance for cleaning up, any hazardous	3632
waste facility or solid waste facility containing significant	3633
quantities of hazardous waste, that constitutes an imminent and	3634
substantial threat to public health or safety or the environment;	3635
and, from July 1, 2003, through June 30, 2006, for the purposes of	3636
paying the costs of administering and enforcing the laws	3637
pertaining to solid wastes, infectious wastes, and construction	3638
and demolition debris, including, without limitation, ground water	3639
evaluations related to solid wastes, infectious wastes, and	3640
construction and demolition debris, under this chapter and Chapter	3641
3714. of the Revised Code and any rules adopted under them, and	3642
paying a share of the administrative costs of the environmental	3643
protection agency pursuant to section 3745.014 of the Revised	3644
Code, the following fees are hereby levied on the disposal of	3645
solid wastes in this state:	3646

(1) One dollar per ton on and after July 1, 1993;

3647

(2) An additional one dollar per ton on and after July 1,	3648
2003, through June 30, 2006.	3649

The owner or operator of a solid waste disposal facility	3650
shall collect the fees levied under this division as a trustee for	3651
the state and shall prepare and file with the director of	3652
environmental protection monthly returns indicating the total	3653
tonnage of solid wastes received for disposal at the gate of the	3654
facility and the total amount of the fees collected under this	3655
division. Not later than thirty days after the last day of the	3656
month to which such a return applies, the owner or operator shall	3657
mail to the director the return for that month together with the	3658
fees collected during that month as indicated on the return. The	3659
owner or operator may request an extension of not more than thirty	3660
days for filing the return and remitting the fees, provided that	3661
the owner or operator has submitted such a request in writing to	3662
the director together with a detailed description of why the	3663
extension is requested, the director has received the request not	3664
later than the day on which the return is required to be filed,	3665
and the director has approved the request. If the fees are not	3666
remitted within sixtythirty days after the last day of the month	3667
during which they were collected or are not remitted by the last	3668
day of an extension approved by the director, the owner or	3669
operator shall pay an additional fifty per cent of the amount of	3670
the fees for each month that they are late.	3671

One-half of the moneys remitted to the director under	3672
division (A)(1) of this section shall be credited to the hazardous	3673
waste facility management fund created in section 3734.18 of the	3674
Revised Code, and one-half shall be credited to the hazardous	3675
waste clean-up fund created in section 3734.28 of the Revised	3676
Code. The moneys remitted to the director under division (A)(2) of	3677
this section shall be credited to the solid waste fund, which is	3678
hereby created in the state treasury. The environmental protection	3679
agency shall use moneys in the solid waste fund only to pay the	3680
costs of administering and enforcing the laws pertaining to solid	3681
wastes, infectious wastes, and construction and demolition debris,	3682
including, without limitation, ground water evaluations related to	3683
solid wastes, infectious wastes, and construction and demolition	3684
debris, under this chapter and Chapter 3714. of the Revised Code	3685
and rules adopted under them and to pay a share of the	3686
administrative costs of the environmental protection agency	3687
pursuant to section 3745.014 of the Revised Code.	3688

The fees levied under this division and divisions (B) and (C)	3689
of this section are in addition to all other applicable fees and	3690
taxes and shall be added to any other fee or amount specified in a	3691
contract that is charged by the owner or operator of a solid waste	3692
disposal facility or to any other fee or amount that is specified	3693
in a contract entered into on or after March 4, 1992, and that is	3694
charged by a transporter of solid wastes.	3695

(B) For the purpose of preparing, revising, and implementing	3696
the solid waste management plan of the county or joint solid waste	3697
management district, including, without limitation, the	3698
development and implementation of solid waste recycling or	3699
reduction programs; providing financial assistance to boards of	3700
health within the district, if solid waste facilities are located	3701
within the district, for the enforcement of this chapter and rules	3702
adopted and orders and terms and conditions of permits, licenses,	3703
and variances issued under it, other than the hazardous waste	3704
provisions of this chapter and rules adopted and orders and terms	3705
and conditions of permits issued under those provisions; providing	3706
financial assistance to the county to defray the added costs of	3707
maintaining roads and other public facilities and of providing	3708
emergency and other public services resulting from the location	3709
and operation of a solid waste facility within the county under	3710
the district's approved solid waste management plan; paying the	3711
costs incurred by boards of health for collecting and analyzing	3712
water samples from public or private wells on lands adjacent to	3713
solid waste facilities that are contained in the approved or	3714
amended plan of the district; paying the costs of developing and	3715
implementing a program for the inspection of solid wastes	3716
generated outside the boundaries of this state that are disposed	3717
of at solid waste facilities included in the district's approved	3718
solid waste management plan or amended plan; providing financial	3719
assistance to boards of health within the district for enforcing	3720
laws prohibiting open dumping; providing financial assistance to	3721
local law enforcement agencies within the district for enforcing	3722
laws and ordinances prohibiting littering; providing financial	3723
assistance to boards of health of health districts within the	3724
district that are on the approved list under section 3734.08 of	3725
the Revised Code for the training and certification required for	3726
their employees responsible for solid waste enforcement by rules	3727
adopted under division (L) of section 3734.02 of the Revised Code;	3728
providing financial assistance to individual municipal	3729
corporations and townships within the district to defray their	3730
added costs of maintaining roads and other public facilities and	3731
of providing emergency and other public services resulting from	3732
the location and operation within their boundaries of a	3733
composting, energy or resource recovery, incineration, or	3734
recycling facility that either is owned by the district or is	3735
furnishing solid waste management facility or recycling services	3736
to the district pursuant to a contract or agreement with the board	3737
of county commissioners or directors of the district; and payment	3738
of any expenses that are agreed to, awarded, or ordered to be paid	3739
under section 3734.35 of the Revised Code and of any	3740
administrative costs incurred pursuant to that section, the solid	3741
waste management policy committee of a county or joint solid waste	3742
management district may levy fees upon the following activities:	3743

(1) The disposal at a solid waste disposal facility located	3744
in the district of solid wastes generated within the district;	3745

(2) The disposal at a solid waste disposal facility within	3746
the district of solid wastes generated outside the boundaries of	3747
the district, but inside this state;	3748

(3) The disposal at a solid waste disposal facility within	3749
the district of solid wastes generated outside the boundaries of	3750
this state.	3751

If any such fees are levied prior to January 1, 1994, fees	3752
levied under division (B)(1) of this section always shall be equal	3753
to one-half of the fees levied under division (B)(2) of this	3754
section, and fees levied under division (B)(3) of this section,	3755
which shall be in addition to fees levied under division (B)(2) of	3756
this section, always shall be equal to fees levied under division	3757
(B)(1) of this section, except as otherwise provided in this	3758
division. The solid waste management plan of the county or joint	3759
district approved under section 3734.521 or 3734.55 of the Revised	3760
Code and any amendments to it, or the resolution adopted under	3761
this division, as appropriate, shall establish the rates of the	3762
fees levied under divisions (B)(1), (2), and (3) of this section,	3763
if any, and shall specify whether the fees are levied on the basis	3764
of tons or cubic yards as the unit of measurement. Although the	3765
fees under divisions (A)(1) and (2) of this section are levied on	3766
the basis of tons as the unit of measurement, the solid waste	3767
management plan of the district and any amendments to it or the	3768
solid waste management policy committee in its resolution levying	3769
fees under this division may direct that the fees levied under	3770
those divisions be levied on the basis of cubic yards as the unit	3771
of measurement based upon a conversion factor of three cubic yards	3772
per ton generally or one cubic yard per ton for baled wastes if	3773
the fees under divisions (B)(1) to (3) of this section are being	3774
levied on the basis of cubic yards as the unit of measurement	3775
under the plan, amended plan, or resolution.	3776

On and after January 1, 1994, the fee levied under division	3777
(B)(1) of this section shall be not less than one dollar per ton	3778
nor more than two dollars per ton, the fee levied under division	3779
(B)(2) of this section shall be not less than two dollars per ton	3780
nor more than four dollars per ton, and the fee levied under	3781
division (B)(3) of this section shall be not more than the fee	3782
levied under division (B)(1) of this section, except as otherwise	3783
provided in this division and notwithstanding any schedule of	3784
those fees established in the solid waste management plan of a	3785
county or joint district approved under section 3734.55 of the	3786
Revised Code or a resolution adopted and ratified under this	3787
division that is in effect on that date. If the fee that a	3788
district is levying under division (B)(1) of this section on that	3789
date under its approved plan or such a resolution is less than one	3790
dollar per ton, the fee shall be one dollar per ton on and after	3791
January 1, 1994, and if the fee that a district is so levying	3792
under that division exceeds two dollars per ton, the fee shall be	3793
two dollars per ton on and after that date. If the fee that a	3794
district is so levying under division (B)(2) of this section is	3795
less than two dollars per ton, the fee shall be two dollars per	3796
ton on and after that date, and if the fee that the district is so	3797
levying under that division exceeds four dollars per ton, the fee	3798
shall be four dollars per ton on and after that date. On that	3799
date, the fee levied by a district under division (B)(3) of this	3800
section shall be equal to the fee levied under division (B)(1) of	3801
this section. Except as otherwise provided in this division, the	3802
fees established by the operation of this amendment shall remain	3803
in effect until the district's resolution levying fees under this	3804
division is amended or repealed in accordance with this division	3805
to amend or abolish the schedule of fees, the schedule of fees is	3806
amended or abolished in an amended plan of the district approved	3807
under section 3734.521 or division (A) or (D) of section 3734.56	3808
of the Revised Code, or the schedule of fees is amended or	3809
abolished through an amendment to the district's plan under	3810
division (E) of section 3734.56 of the Revised Code; the	3811
notification of the amendment or abolishment of the fees has been	3812
given in accordance with this division; and collection of the	3813
amended fees so established commences, or collection of the fees	3814
ceases, in accordance with this division.	3815

The solid waste management policy committee of a district	3816
levying fees under divisions (B)(1) to (3) of this section on	3817
October 29, 1993, under its solid waste management plan approved	3818
under section 3734.55 of the Revised Code or a resolution adopted	3819
and ratified under this division that are within the ranges of	3820
rates prescribed by this amendment, by adoption of a resolution	3821
not later than December 1, 1993, and without the necessity for	3822
ratification of the resolution under this division, may amend	3823
those fees within the prescribed ranges, provided that the	3824
estimated revenues from the amended fees will not substantially	3825
exceed the estimated revenues set forth in the district's budget	3826
for calendar year 1994. Not later than seven days after the	3827
adoption of such a resolution, the committee shall notify by	3828
certified mail the owner or operator of each solid waste disposal	3829
facility that is required to collect the fees of the adoption of	3830
the resolution and of the amount of the amended fees. Collection	3831
of the amended fees shall take effect on the first day of the	3832
first month following the month in which the notification is sent	3833
to the owner or operator. The fees established in such a	3834
resolution shall remain in effect until the district's resolution	3835
levying fees that was adopted and ratified under this division is	3836
amended or repealed, and the amendment or repeal of the resolution	3837
is ratified, in accordance with this division, to amend or abolish	3838
the fees, the schedule of fees is amended or abolished in an	3839
amended plan of the district approved under section 3734.521 or	3840
division (A) or (D) of section 3734.56 of the Revised Code, or the	3841
schedule of fees is amended or abolished through an amendment to	3842
the district's plan under division (E) of section 3734.56 of the	3843
Revised Code; the notification of the amendment or abolishment of	3844
the fees has been given in accordance with this division; and	3845
collection of the amended fees so established commences, or	3846
collection of the fees ceases, in accordance with this division.	3847

Prior to the approval of the solid waste management plan of	3848
the district under section 3734.55 of the Revised Code, the solid	3849
waste management policy committee of a district may levy fees	3850
under this division by adopting a resolution establishing the	3851
proposed amount of the fees. Upon adopting the resolution, the	3852
committee shall deliver a copy of the resolution to the board of	3853
county commissioners of each county forming the district and to	3854
the legislative authority of each municipal corporation and	3855
township under the jurisdiction of the district and shall prepare	3856
and publish the resolution and a notice of the time and location	3857
where a public hearing on the fees will be held. Upon adopting the	3858
resolution, the committee shall deliver written notice of the	3859
adoption of the resolution; of the amount of the proposed fees;	3860
and of the date, time, and location of the public hearing to the	3861
director and to the fifty industrial, commercial, or institutional	3862
generators of solid wastes within the district that generate the	3863
largest quantities of solid wastes, as determined by the	3864
committee, and to their local trade associations. The committee	3865
shall make good faith efforts to identify those generators within	3866
the district and their local trade associations, but the	3867
nonprovision of notice under this division to a particular	3868
generator or local trade association does not invalidate the	3869
proceedings under this division. The publication shall occur at	3870
least thirty days before the hearing. After the hearing, the	3871
committee may make such revisions to the proposed fees as it	3872
considers appropriate and thereafter, by resolution, shall adopt	3873
the revised fee schedule. Upon adopting the revised fee schedule,	3874
the committee shall deliver a copy of the resolution doing so to	3875
the board of county commissioners of each county forming the	3876
district and to the legislative authority of each municipal	3877
corporation and township under the jurisdiction of the district.	3878
Within sixty days after the delivery of a copy of the resolution	3879
adopting the proposed revised fees by the policy committee, each	3880
such board and legislative authority, by ordinance or resolution,	3881
shall approve or disapprove the revised fees and deliver a copy of	3882
the ordinance or resolution to the committee. If any such board or	3883
legislative authority fails to adopt and deliver to the policy	3884
committee an ordinance or resolution approving or disapproving the	3885
revised fees within sixty days after the policy committee	3886
delivered its resolution adopting the proposed revised fees, it	3887
shall be conclusively presumed that the board or legislative	3888
authority has approved the proposed revised fees.	3889

In the case of a county district or a joint district formed	3890
by two or three counties, the committee shall declare the proposed	3891
revised fees to be ratified as the fee schedule of the district	3892
upon determining that the board of county commissioners of each	3893
county forming the district has approved the proposed revised fees	3894
and that the legislative authorities of a combination of municipal	3895
corporations and townships with a combined population within the	3896
district comprising at least sixty per cent of the total	3897
population of the district have approved the proposed revised	3898
fees, provided that in the case of a county district, that	3899
combination shall include the municipal corporation having the	3900
largest population within the boundaries of the district, and	3901
provided further that in the case of a joint district formed by	3902
two or three counties, that combination shall include for each	3903
county forming the joint district the municipal corporation having	3904
the largest population within the boundaries of both the county in	3905
which the municipal corporation is located and the joint district.	3906
In the case of a joint district formed by four or more counties,	3907
the committee shall declare the proposed revised fees to be	3908
ratified as the fee schedule of the joint district upon	3909
determining that the boards of county commissioners of a majority	3910
of the counties forming the district have approved the proposed	3911
revised fees; that, in each of a majority of the counties forming	3912
the joint district, the proposed revised fees have been approved	3913
by the municipal corporation having the largest population within	3914
the county and the joint district; and that the legislative	3915
authorities of a combination of municipal corporations and	3916
townships with a combined population within the joint district	3917
comprising at least sixty per cent of the total population of the	3918
joint district have approved the proposed revised fees.	3919

For the purposes of this division, only the population of the	3920
unincorporated area of a township shall be considered. For the	3921
purpose of determining the largest municipal corporation within	3922
each county under this division, a municipal corporation that is	3923
located in more than one solid waste management district, but that	3924
is under the jurisdiction of one county or joint solid waste	3925
management district in accordance with division (A) of section	3926
3734.52 of the Revised Code shall be considered to be within the	3927
boundaries of the county in which a majority of the population of	3928
the municipal corporation resides.	3929

The committee may amend the schedule of fees levied pursuant	3930
to a resolution or amended resolution adopted and ratified under	3931
this division by adopting a resolution establishing the proposed	3932
amount of the amended fees. The committee may abolish the fees	3933
levied pursuant to such a resolution or amended resolution by	3934
adopting a resolution proposing to repeal them. Upon adopting such	3935
a resolution, the committee shall proceed to obtain ratification	3936
of the resolution in accordance with this division.	3937

Not later than fourteen days after declaring the fees or	3938
amended fees to be ratified under this division, the committee	3939
shall notify by certified mail the owner or operator of each solid	3940
waste disposal facility that is required to collect the fees of	3941
the ratification and the amount of the fees. Collection of any	3942
fees or amended fees ratified on or after March 24, 1992, shall	3943
commence on the first day of the second month following the month	3944
in which notification is sent to the owner or operator.	3945

Not later than fourteen days after declaring the repeal of	3946
the district's schedule of fees to be ratified under this	3947
division, the committee shall notify by certified mail the owner	3948
or operator of each facility that is collecting the fees of the	3949
repeal. Collection of the fees shall cease on the first day of the	3950
second month following the month in which notification is sent to	3951
the owner or operator.	3952

Not later than fourteen days after the director issues an	3953
order approving a district's solid waste management plan under	3954
section 3734.55 of the Revised Code or amended plan under division	3955
(A) or (D) of section 3734.56 of the Revised Code that establishes	3956
or amends a schedule of fees levied by the district, or the	3957
ratification of an amendment to the district's approved plan or	3958
amended plan under division (E) of section 3734.56 of the Revised	3959
Code that establishes or amends a schedule of fees, as	3960
appropriate, the committee shall notify by certified mail the	3961
owner or operator of each solid waste disposal facility that is	3962
required to collect the fees of the approval of the plan or	3963
amended plan, or the amendment to the plan, as appropriate, and	3964
the amount of the fees or amended fees. In the case of an initial	3965
or amended plan approved under section 3734.521 of the Revised	3966
Code in connection with a change in district composition, other	3967
than one involving the withdrawal of a county from a joint	3968
district, that establishes or amends a schedule of fees levied	3969
under divisions (B)(1) to (3) of this section by a district	3970
resulting from the change, the committee, within fourteen days	3971
after the change takes effect pursuant to division (G) of that	3972
section, shall notify by certified mail the owner or operator of	3973
each solid waste disposal facility that is required to collect the	3974
fees that the change has taken effect and of the amount of the	3975
fees or amended fees. Collection of any fees set forth in a plan	3976
or amended plan approved by the director on or after April 16,	3977
1993, or an amendment of a plan or amended plan under division (E)	3978
of section 3734.56 of the Revised Code that is ratified on or	3979
after April 16, 1993, shall commence on the first day of the	3980
second month following the month in which notification is sent to	3981
the owner or operator.	3982

Not later than fourteen days after the director issues an	3983
order approving a district's plan under section 3734.55 of the	3984
Revised Code or amended plan under division (A) or (D) of section	3985
3734.56 of the Revised Code that abolishes the schedule of fees	3986
levied under divisions (B)(1) to (3) of this section, or an	3987
amendment to the district's approved plan or amended plan	3988
abolishing the schedule of fees is ratified pursuant to division	3989
(E) of section 3734.56 of the Revised Code, as appropriate, the	3990
committee shall notify by certified mail the owner or operator of	3991
each facility that is collecting the fees of the approval of the	3992
plan or amended plan, or the amendment of the plan or amended	3993
plan, as appropriate, and the abolishment of the fees. In the case	3994
of an initial or amended plan approved under section 3734.521 of	3995
the Revised Code in connection with a change in district	3996
composition, other than one involving the withdrawal of a county	3997
from a joint district, that abolishes the schedule of fees levied	3998
under divisions (B)(1) to (3) of this section by a district	3999
resulting from the change, the committee, within fourteen days	4000
after the change takes effect pursuant to division (G) of that	4001
section, shall notify by certified mail the owner or operator of	4002
each solid waste disposal facility that is required to collect the	4003
fees that the change has taken effect and of the abolishment of	4004
the fees. Collection of the fees shall cease on the first day of	4005
the second month following the month in which notification is sent	4006
to the owner or operator.	4007

Except as otherwise provided in this division, if the	4008
schedule of fees that a district is levying under divisions (B)(1)	4009
to (3) of this section pursuant to a resolution or amended	4010
resolution adopted and ratified under this division, the solid	4011
waste management plan of the district approved under section	4012
3734.55 of the Revised Code, an amended plan approved under	4013
division (A) or (D) of section 3734.56 of the Revised Code, or an	4014
amendment to the district's approved plan or amended plan under	4015
division (E) of section 3734.56 of the Revised Code, is amended by	4016
the adoption and ratification of an amendment to the resolution or	4017
amended resolution or an amendment of the district's approved plan	4018
or amended plan, the fees in effect immediately prior to the	4019
approval of the plan or the amendment of the resolution, amended	4020
resolution, plan, or amended plan, as appropriate, shall continue	4021
to be collected until collection of the amended fees commences	4022
pursuant to this division.	4023

If, in the case of a change in district composition involving	4024
the withdrawal of a county from a joint district, the director	4025
completes the actions required under division (G)(1) or (3) of	4026
section 3734.521 of the Revised Code, as appropriate, forty-five	4027
days or more before the beginning of a calendar year, the policy	4028
committee of each of the districts resulting from the change that	4029
obtained the director's approval of an initial or amended plan in	4030
connection with the change, within fourteen days after the	4031
director's completion of the required actions, shall notify by	4032
certified mail the owner or operator of each solid waste disposal	4033
facility that is required to collect the district's fees that the	4034
change is to take effect on the first day of January immediately	4035
following the issuance of the notice and of the amount of the fees	4036
or amended fees levied under divisions (B)(1) to (3) of this	4037
section pursuant to the district's initial or amended plan as so	4038
approved or, if appropriate, the abolishment of the district's	4039
fees by that initial or amended plan. Collection of any fees set	4040
forth in such a plan or amended plan shall commence on the first	4041
day of January immediately following the issuance of the notice.	4042
If such an initial or amended plan abolishes a schedule of fees,	4043
collection of the fees shall cease on that first day of January.	4044

If, in the case of a change in district composition involving	4045
the withdrawal of a county from a joint district, the director	4046
completes the actions required under division (G)(1) or (3) of	4047
section 3734.521 of the Revised Code, as appropriate, less than	4048
forty-five days before the beginning of a calendar year, the	4049
director, on behalf of each of the districts resulting from the	4050
change that obtained the director's approval of an initial or	4051
amended plan in connection with the change proceedings, shall	4052
notify by certified mail the owner or operator of each solid waste	4053
disposal facility that is required to collect the district's fees	4054
that the change is to take effect on the first day of January	4055
immediately following the mailing of the notice and of the amount	4056
of the fees or amended fees levied under divisions (B)(1) to (3)	4057
of this section pursuant to the district's initial or amended plan	4058
as so approved or, if appropriate, the abolishment of the	4059
district's fees by that initial or amended plan. Collection of any	4060
fees set forth in such a plan or amended plan shall commence on	4061
the first day of the second month following the month in which	4062
notification is sent to the owner or operator. If such an initial	4063
or amended plan abolishes a schedule of fees, collection of the	4064
fees shall cease on the first day of the second month following	4065
the month in which notification is sent to the owner or operator.	4066

In the case of a change in district composition, the schedule	4067
of fees that the former districts that existed prior to the change	4068
were levying under divisions (B)(1) to (3) of this section	4069
pursuant to a resolution or amended resolution adopted and	4070
ratified under this division, the solid waste management plan of a	4071
former district approved under section 3734.521 or 3734.55 of the	4072
Revised Code, an amended plan approved under section 3734.521 or	4073
division (A) or (D) of section 3734.56 of the Revised Code, or an	4074
amendment to a former district's approved plan or amended plan	4075
under division (E) of section 3734.56 of the Revised Code, and	4076
that were in effect on the date that the director completed the	4077
actions required under division (G)(1) or (3) of section 3734.521	4078
of the Revised Code shall continue to be collected until the	4079
collection of the fees or amended fees of the districts resulting	4080
from the change is required to commence, or if an initial or	4081
amended plan of a resulting district abolishes a schedule of fees,	4082
collection of the fees is required to cease, under this division.	4083
Moneys so received from the collection of the fees of the former	4084
districts shall be divided among the resulting districts in	4085
accordance with division (B) of section 343.012 of the Revised	4086
Code and the agreements entered into under division (B) of section	4087
343.01 of the Revised Code to establish the former and resulting	4088
districts and any amendments to those agreements.	4089

For the purposes of the provisions of division (B) of this	4090
section establishing the times when newly established or amended	4091
fees levied by a district are required to commence and the	4092
collection of fees that have been amended or abolished is required	4093
to cease, "fees" or "schedule of fees" includes, in addition to	4094
fees levied under divisions (B)(1) to (3) of this section, those	4095
levied under section 3734.573 or 3734.574 of the Revised Code.	4096

(C) For the purposes of defraying the added costs to a	4097
municipal corporation or township of maintaining roads and other	4098
public facilities and of providing emergency and other public	4099
services, and compensating a municipal corporation or township for	4100
reductions in real property tax revenues due to reductions in real	4101
property valuations resulting from the location and operation of a	4102
solid waste disposal facility within the municipal corporation or	4103
township, a municipal corporation or township in which such a	4104
solid waste disposal facility is located may levy a fee of not	4105
more than twenty-five cents per ton on the disposal of solid	4106
wastes at a solid waste disposal facility located within the	4107
boundaries of the municipal corporation or township regardless of	4108
where the wastes were generated.	4109

The legislative authority of a municipal corporation or	4110
township may levy fees under this division by enacting an	4111
ordinance or adopting a resolution establishing the amount of the	4112
fees. Upon so doing the legislative authority shall mail a	4113
certified copy of the ordinance or resolution to the board of	4114
county commissioners or directors of the county or joint solid	4115
waste management district in which the municipal corporation or	4116
township is located or, if a regional solid waste management	4117
authority has been formed under section 343.011 of the Revised	4118
Code, to the board of trustees of that regional authority, the	4119
owner or operator of each solid waste disposal facility in the	4120
municipal corporation or township that is required to collect the	4121
fee by the ordinance or resolution, and the director of	4122
environmental protection. Although the fees levied under this	4123
division are levied on the basis of tons as the unit of	4124
measurement, the legislative authority, in its ordinance or	4125
resolution levying the fees under this division, may direct that	4126
the fees be levied on the basis of cubic yards as the unit of	4127
measurement based upon a conversion factor of three cubic yards	4128
per ton generally or one cubic yard per ton for baled wastes.	4129

Not later than five days after enacting an ordinance or	4130
adopting a resolution under this division, the legislative	4131
authority shall so notify by certified mail the owner or operator	4132
of each solid waste disposal facility that is required to collect	4133
the fee. Collection of any fee levied on or after March 24, 1992,	4134
shall commence on the first day of the second month following the	4135
month in which notification is sent to the owner or operator.	4136

(D)(1) The fees levied under divisions (A), (B), and (C) of	4137
this section do not apply to the disposal of solid wastes that:	4138

(a) Are disposed of at a facility owned by the generator of	4139
the wastes when the solid waste facility exclusively disposes of	4140
solid wastes generated at one or more premises owned by the	4141
generator regardless of whether the facility is located on a	4142
premises where the wastes are generated;	4143

(b) Are disposed of at facilities that exclusively dispose of	4144
wastes that are generated from the combustion of coal, or from the	4145
combustion of primarily coal in combination with scrap tires, that	4146
is not combined in any way with garbage at one or more premises	4147
owned by the generator.	4148

(2) Except as provided in section 3734.571 of the Revised	4149
Code, any fees levied under division (B)(1) of this section apply	4150
to solid wastes originating outside the boundaries of a county or	4151
joint district that are covered by an agreement for the joint use	4152
of solid waste facilities entered into under section 343.02 of the	4153
Revised Code by the board of county commissioners or board of	4154
directors of the county or joint district where the wastes are	4155
generated and disposed of.	4156

(3) When solid wastes, other than solid wastes that consist	4157
of scrap tires, are burned in a disposal facility that is an	4158
incinerator or energy recovery facility, the fees levied under	4159
divisions (A), (B), and (C) of this section shall be levied upon	4160
the disposal of the fly ash and bottom ash remaining after burning	4161
of the solid wastes and shall be collected by the owner or	4162
operator of the sanitary landfill where the ash is disposed of.	4163

(4) When solid wastes are delivered to a solid waste transfer	4164
facility, the fees levied under divisions (A), (B), and (C) of	4165
this section shall be levied upon the disposal of solid wastes	4166
transported off the premises of the transfer facility for disposal	4167
and shall be collected by the owner or operator of the solid waste	4168
disposal facility where the wastes are disposed of.	4169

(5) The fees levied under divisions (A), (B), and (C) of this	4170
section do not apply to sewage sludge that is generated by a waste	4171
water treatment facility holding a national pollutant discharge	4172
elimination system permit and that is disposed of through	4173
incineration, land application, or composting or at another	4174
resource recovery or disposal facility that is not a landfill.	4175

(6) The fees levied under divisions (A), (B), and (C) of this	4176
section do not apply to solid wastes delivered to a solid waste	4177
composting facility for processing. When any unprocessed solid	4178
waste or compost product is transported off the premises of a	4179
composting facility and disposed of at a landfill, the fees levied	4180
under divisions (A), (B), and (C) of this section shall be	4181
collected by the owner or operator of the landfill where the	4182
unprocessed waste or compost product is disposed of.	4183

(7) When solid wastes that consist of scrap tires are	4184
processed at a scrap tire recovery facility, the fees levied under	4185
divisions (A), (B), and (C) of this section shall be levied upon	4186
the disposal of the fly ash and bottom ash or other solid wastes	4187
remaining after the processing of the scrap tires and shall be	4188
collected by the owner or operator of the solid waste disposal	4189
facility where the ash or other solid wastes are disposed of.	4190

(E) The fees levied under divisions (B) and (C) of this	4191
section shall be collected by the owner or operator of the solid	4192
waste disposal facility where the wastes are disposed of as a	4193
trustee for the county or joint district and municipal corporation	4194
or township where the wastes are disposed of. Moneys from the fees	4195
levied under division (B) of this section shall be forwarded to	4196
the board of county commissioners or board of directors of the	4197
district in accordance with rules adopted under division (H) of	4198
this section. Moneys from the fees levied under division (C) of	4199
this section shall be forwarded to the treasurer or such other	4200
officer of the municipal corporation as, by virtue of the charter,	4201
has the duties of the treasurer or to the clerk of the township,	4202
as appropriate, in accordance with those rules.	4203

(F) Moneys received by the treasurer or such other officer of	4204
the municipal corporation under division (E) of this section shall	4205
be paid into the general fund of the municipal corporation. Moneys	4206
received by the clerk of the township under that division shall be	4207
paid into the general fund of the township. The treasurer or such	4208
other officer of the municipal corporation or the clerk, as	4209
appropriate, shall maintain separate records of the moneys	4210
received from the fees levied under division (C) of this section.	4211

(G) Moneys received by the board of county commissioners or	4212
board of directors under division (E) of this section or section	4213
3734.571, 3734.572, 3734.573, or 3734.574 of the Revised Code	4214
shall be paid to the county treasurer, or other official acting in	4215
a similar capacity under a county charter, in a county district or	4216
to the county treasurer or other official designated by the board	4217
of directors in a joint district and kept in a separate and	4218
distinct fund to the credit of the district. If a regional solid	4219
waste management authority has been formed under section 343.011	4220
of the Revised Code, moneys received by the board of trustees of	4221
that regional authority under division (E) of this section shall	4222
be kept by the board in a separate and distinct fund to the credit	4223
of the district. Moneys in the special fund of the county or joint	4224
district arising from the fees levied under division (B) of this	4225
section and the fee levied under division (A) of section 3734.573	4226
of the Revised Code shall be expended by the board of county	4227
commissioners or directors of the district in accordance with the	4228
district's solid waste management plan or amended plan approved	4229
under section 3734.521, 3734.55, or 3734.56 of the Revised Code	4230
exclusively for the following purposes:	4231

(1) Preparation of the solid waste management plan of the	4232
district under section 3734.54 of the Revised Code, monitoring	4233
implementation of the plan, and conducting the periodic review and	4234
amendment of the plan required by section 3734.56 of the Revised	4235
Code by the solid waste management policy committee;	4236

(2) Implementation of the approved solid waste management	4237
plan or amended plan of the district, including, without	4238
limitation, the development and implementation of solid waste	4239
recycling or reduction programs;	4240

(3) Providing financial assistance to boards of health within	4241
the district, if solid waste facilities are located within the	4242
district, for enforcement of this chapter and rules, orders, and	4243
terms and conditions of permits, licenses, and variances adopted	4244
or issued under it, other than the hazardous waste provisions of	4245
this chapter and rules adopted and orders and terms and conditions	4246
of permits issued under those provisions;	4247

(4) Providing financial assistance to each county within the	4248
district to defray the added costs of maintaining roads and other	4249
public facilities and of providing emergency and other public	4250
services resulting from the location and operation of a solid	4251
waste facility within the county under the district's approved	4252
solid waste management plan or amended plan;	4253

(5) Pursuant to contracts entered into with boards of health	4254
within the district, if solid waste facilities contained in the	4255
district's approved plan or amended plan are located within the	4256
district, for paying the costs incurred by those boards of health	4257
for collecting and analyzing samples from public or private water	4258
wells on lands adjacent to those facilities;	4259

(6) Developing and implementing a program for the inspection	4260
of solid wastes generated outside the boundaries of this state	4261
that are disposed of at solid waste facilities included in the	4262
district's approved solid waste management plan or amended plan;	4263

(7) Providing financial assistance to boards of health within	4264
the district for the enforcement of section 3734.03 of the Revised	4265
Code or to local law enforcement agencies having jurisdiction	4266
within the district for enforcing anti-littering laws and	4267
ordinances;	4268

(8) Providing financial assistance to boards of health of	4269
health districts within the district that are on the approved list	4270
under section 3734.08 of the Revised Code to defray the costs to	4271
the health districts for the participation of their employees	4272
responsible for enforcement of the solid waste provisions of this	4273
chapter and rules adopted and orders and terms and conditions of	4274
permits, licenses, and variances issued under those provisions in	4275
the training and certification program as required by rules	4276
adopted under division (L) of section 3734.02 of the Revised Code;	4277

(9) Providing financial assistance to individual municipal	4278
corporations and townships within the district to defray their	4279
added costs of maintaining roads and other public facilities and	4280
of providing emergency and other public services resulting from	4281
the location and operation within their boundaries of a	4282
composting, energy or resource recovery, incineration, or	4283
recycling facility that either is owned by the district or is	4284
furnishing solid waste management facility or recycling services	4285
to the district pursuant to a contract or agreement with the board	4286
of county commissioners or directors of the district;	4287

(10) Payment of any expenses that are agreed to, awarded, or	4288
ordered to be paid under section 3734.35 of the Revised Code and	4289
of any administrative costs incurred pursuant to that section. In	4290
the case of a joint solid waste management district, if the board	4291
of county commissioners of one of the counties in the district is	4292
negotiating on behalf of affected communities, as defined in that	4293
section, in that county, the board shall obtain the approval of	4294
the board of directors of the district in order to expend moneys	4295
for administrative costs incurred.	4296

Prior to the approval of the district's solid waste	4297
management plan under section 3734.55 of the Revised Code, moneys	4298
in the special fund of the district arising from the fees shall be	4299
expended for those purposes in the manner prescribed by the solid	4300
waste management policy committee by resolution.	4301

Notwithstanding division (G)(6) of this section as it existed	4302
prior to October 29, 1993, or any provision in a district's solid	4303
waste management plan prepared in accordance with division	4304
(B)(2)(e) of section 3734.53 of the Revised Code as it existed	4305
prior to that date, any moneys arising from the fees levied under	4306
division (B)(3) of this section prior to January 1, 1994, may be	4307
expended for any of the purposes authorized in divisions (G)(1) to	4308
(10) of this section.	4309

(H) The director shall adopt rules in accordance with Chapter	4310
119. of the Revised Code prescribing procedures for collecting and	4311
forwarding the fees levied under divisions (B) and (C) of this	4312
section to the boards of county commissioners or directors of	4313
county or joint solid waste management districts and to the	4314
treasurers or other officers of municipal corporations or to the	4315
clerks of townships. The rules also shall prescribe the dates for	4316
forwarding the fees to the boards and officials and may prescribe	4317
any other requirements the director considers necessary or	4318
appropriate to implement and administer divisions (A), (B), and	4319
(C) of this section. Collection of the fees levied under division	4320
(A)(1) of this section shall commence on July 1, 1993. Collection	4321
of the fees levied under division (A)(2) of this section shall	4322
commence on January 1, 1994.	4323

Sec. 3781.19.  There is hereby established in the department	4324
of commerce a board of building appeals consisting of five members	4325
who shall be appointed by the governor with the advice and consent	4326
of the senate. Terms of office shall be for four years, commencing	4327
on the fourteenth day of October and ending on the thirteenth day	4328
of October. Each member shall hold office from the date of his	4329
appointment until the end of the term for which hethe member was	4330
appointed. Any member appointed to fill a vacancy occurring prior	4331
to the expiration of the term for which histhe member's	4332
predecessor was appointed shall hold office for the remainder of	4333
such term. Any member shall continue in office subsequent to the	4334
expiration date of histhe member's term until hisa successor	4335
takes office, or until a period of sixty days has elapsed,	4336
whichever occurs first. One member shall be an attorney-at-law,	4337
admitted to the bar of this state and of the remaining members,	4338
one shall be a registered architect and one shall be a	4339
professional engineer, each of whom shall be duly licensed to	4340
practice their respective professions in this state, one shall be	4341
a fire prevention officer qualified under section 3737.66 of the	4342
Revised Code, and one shall be a person with recognized ability in	4343
the plumbing or pipefitting profession. No member of the board of	4344
building standards shall be a member of the board of building	4345
appeals. Each member shall be paid an amount fixed pursuant to	4346
Chapter 124. of the Revised Code per diem. The department shall	4347
provide and assign to the board such employees as are required by	4348
the board to perform its functions. The board may adopt its own	4349
rules of procedure not inconsistent with sections 3781.06 to	4350
3781.18 and 3791.04 of the Revised Code, and may change them in	4351
its discretion. The board may establish reasonable fees, based on	4352
actual costs for administration of filing and processing, not to	4353
exceed onetwo hundred dollars, for the costs of filing and	4354
processing appeals. A full and complete record of all proceedings	4355
of the board shall be kept and be open to public inspection.	4356

In the enforcement by any department of the state or any	4357
political subdivision of this chapter and Chapter 3791., and	4358
sections 3737.41, 3737.42, 4104.02, 4104.06, 4104.44, 4104.45,	4359
4105.011, and 4105.11 of the Revised Code and any rule made	4360
thereunder, such department is the agency referred to in sections	4361
119.07, 119.08, and 119.10 of the Revised Code.	4362

The appropriate municipal or county board of appeals, where	4363
one exists, certified pursuant to section 3781.20 of the Revised	4364
Code shall conduct the adjudication hearing referred to in	4365
sections 119.09 to 119.13 and required by section 3781.031 of the	4366
Revised Code. If there is no certified municipal or county board	4367
of appeals, the board of building appeals shall conduct the	4368
adjudication hearing. If the adjudication hearing concerns section	4369
3781.111 of the Revised Code or any rule made thereunder,	4370
reasonable notice of the time, date, place, and subject of the	4371
hearing shall be given to any local corporation, association, or	4372
other organization composed of or representing handicapped	4373
persons, as defined in section 3781.111 of the Revised Code, or if	4374
there is no local organization, then to any statewide corporation,	4375
association, or other organization composed of or representing	4376
handicapped persons.	4377

In addition to the provisions of Chapter 119. of the Revised	4378
Code, the municipal, county, or state board of building appeals,	4379
as the agency conducting the adjudication hearing, may reverse or	4380
modify the order of the enforcing agency if it finds that the	4381
order is contrary to this chapter and Chapters 3791. and 4104.,	4382
and sections 3737.41, 3737.42, 4105.011 and 4105.11 of the Revised	4383
Code and any rule made thereunder or to a fair interpretation or	4384
application of such laws or any rule made thereunder, or that a	4385
variance from the provisions of such laws or any rule made	4386
thereunder, in the specific case, will not be contrary to the	4387
public interest where a literal enforcement of such provisions	4388
will result in unnecessary hardship.	4389

The state board of building appeals or a certified municipal	4390
or county board of appeals shall render its decision within thirty	4391
days after the date of the adjudication hearing. Following the	4392
adjudication hearing, any municipal or county officer, official	4393
municipal or county board, or person who was a party to the	4394
hearing before the municipal or county board of appeals may apply	4395
to the state board of appeals for a de novo hearing before the	4396
state board, or may appeal directly to the court of common pleas	4397
pursuant to section 3781.031 of the Revised Code.	4398

In addition, any local corporation, association, or other	4399
organization composed of or representing handicapped persons as	4400
defined in section 3781.111 of the Revised Code, or, if no local	4401
corporation, association, or organization exists, then any	4402
statewide corporation, association, or other organization composed	4403
of or representing handicapped persons may apply for the de novo	4404
hearing or appeal to the court of common pleas from any decision	4405
of a certified municipal or county board of appeals interpreting,	4406
applying, or granting a variance from section 3781.111 of the	4407
Revised Code and any rule made thereunder. Application for a de	4408
novo hearing before the state board shall be made no later than	4409
thirty days after the municipal or county board renders its	4410
decision.	4411

The state board of building appeals or the appropriate	4412
certified local board of building appeals shall grant variances	4413
and exemptions from the requirements of section 3781.108 of the	4414
Revised Code in accordance with rules adopted by the board of	4415
building standards pursuant to division (J) of section 3781.10 of	4416
the Revised Code.	4417

The state board of building appeals or the appropriate	4418
certified local board of building appeals shall, in granting a	4419
variance or exemption from section 3781.108 of the Revised Code,	4420
in addition to any other considerations the state or the	4421
appropriate local board determines appropriate, consider the	4422
architectural and historical significance of the building.	4423

Sec. 4701.03.  (A) The accountancy board annually shall elect	4424
a president, secretary, and treasurer from its members. The board	4425
may adopt and amend rules for the orderly conduct of its affairs	4426
and for the administration of this chapter. The board may adopt	4427
and amend rules defining the practice of public accounting, rules	4428
of professional conduct appropriate to establish and maintain a	4429
high standard of integrity and dignity in registrants and	4430
certificate holders under this chapter, and rules regulating the	4431
sole proprietorship, partnership, limited liability company,	4432
professional association, corporation-for-profit, or other legal	4433
entity practice of public accounting. A majority of the board	4434
shall constitute a quorum for the transaction of business.	4435

(B) The board shall keep and hold open for public inspection	4436
all records of its proceedings.	4437

(C) The board may employ any clerks that are necessary to	4438
assist it in the performance of its duties and the keeping of its	4439
records. If the board employs an executive director, the executive	4440
director shall be paid in accordance with pay range 18 of salary	4441
schedule E-1 listed inof section 124.152 of the Revised Code, or,	4442
if the director was employed and being paid on June 28, 2003, in	4443
accordance with step 7 in pay range 18 of schedule E-1 of former	4444
section 124.152 of the Revised Code and continued to be so paid on	4445
June 29, 2003, the executive director shall be paid in accordance	4446
with pay range 18 of salary schedule E-1 for step seven only of	4447
section 124.152 of the Revised Code.	4448

Sec. 4707.05.  Except as otherwise provided in section	4449
4707.25 of the Revised Code, all fees and charges collected by the	4450
department of agriculture pursuant to this chapter shall be paid	4451
into the state treasury to the credit of the auctioneers fund,	4452
which is hereby created. All expenses incurred by the department	4453
in administering this chapter shall be paid out of the fund. The	4454
total expenses incurred by the department in the administration of	4455
this chapter shall not exceed the total fees, charges, fines, and	4456
penalties imposed under sections 4707.08, 4707.10, and 4707.99 of	4457
the Revised Code and paid to the treasurer of state. The	4458
department may conduct education programs for the enlightenment	4459
and benefit of all auctioneers who have paid fees pursuant to	4460
sections 4707.08 and 4707.10 of the Revised Code.	4461

Out of the moneys credited pursuant to this section, the fund	4462
shall be assessed a proportionate share of the administrative	4463
costs of the department in accordance with procedures prescribed	4464
by the director of agriculture and approved by the director of	4465
budget and management. The assessment shall be paid from the	4466
auctioneers fund to the division of administration fund.	4467

At the end of each fiscal year, if the balance of the fund is	4468
greater than three hundred thousand dollars, the director of	4469
agriculture shall request the director of budget and management	4470
to, and the director of budget and management shall, transfer	4471
twenty-five per cent of the balance that is in excess of three	4472
hundred thousand dollars to the auction recovery fund created in	4473
section 4707.25 of the Revised Code.	4474

Sec. 5111.022.  (A) As used in this section:

4475

(1) "Community mental health facility" means a community	4476
mental health facility that has a quality assurance program	4477
accredited by the joint commission on accreditation of healthcare	4478
organizations or is certified by the department of mental health	4479
or department of job and family services.	4480

(2) "Mental health professional" means a person qualified to	4481
work with mentally ill persons under the standards established by	4482
the director of mental health pursuant to section 5119.611 of the	4483
Revised Code.	4484

(B) The state medicaid plan shall include provision of the	4485
following mental health services when provided by community mental	4486
health facilities:	4487

(1) Outpatient mental health services, including, but not	4488
limited to, preventive, diagnostic, therapeutic, rehabilitative,	4489
and palliative interventions rendered to individuals in an	4490
individual or group setting by a mental health professional in	4491
accordance with a plan of treatment appropriately established,	4492
monitored, and reviewed;	4493

(2) Partial-hospitalization mental health services of three	4494
to fourteen hours per service day, rendered by persons directly	4495
supervised by a mental health professional;	4496

(3) Unscheduled, emergency mental health services of a kind	4497
ordinarily provided to persons in crisis when rendered by persons	4498
supervised by a mental health professional;	4499

(4) Subject to receipt of federal approval, assertive	4500
community treatment and intensive home-based mental health	4501
services.	4502

(C) The comprehensive annual plan shall certify the	4503
availability of sufficient unencumbered community mental health	4504
state subsidy and local funds to match federal medicaid	4505
reimbursement funds earned by community mental health facilities.	4506

(D) The department of job and family services shall enter	4507
into a separate contract with the department of mental health	4508
under section 5111.91 of the Revised Code with regard to the	4509
component of the medicaid program provided for by this section.	4510

(E) Not later than May 1, 2004, the department of job and	4511
family services shall request federal approval to provide	4512
assertive community treatment and intensive home-based mental	4513
health services under medicaid pursuant to this section.	4514

(F) On receipt of federal approval sought under division (E)	4515
of this section, the director of job and family services shall	4516
adopt rules in accordance with Chapter 119. of the Revised Code	4517
establishing statewide access and acuity standards for partial	4518
hospitalization mental health services andfor assertive community	4519
treatment and intensive home-based mental health services provided	4520
under medicaid pursuant to this section. The director shall	4521
consult with the department of mental health in adopting the	4522
rules.	4523

Sec. 5119.18.  There is hereby created in the state treasury	4524
the department of mental health trust fund. Not later than the	4525
first day of September of each year, the director of mental health	4526
shall certify to the director of budget and management the amount	4527
of all of the unexpended, unencumbered balances of general revenue	4528
fund appropriations made to the department of mental health for	4529
the previous fiscal year, excluding funds appropriated for rental	4530
payments to the Ohio public facilities commission. On receipt of	4531
the certification, the director of budget and management shall	4532
transfer cash to the trust fund in an amount up to, but not	4533
exceeding, the total of the amounts certified by the director of	4534
mental health.	4535

In addition, the trust fund shall receive all amounts,	4536
subject to any provisions in bond documents, received from the	4537
sale or lease of lands and facilities by the department.	4538

All moneys in the trust fund shall be used by the department	4539
of mental health for mental health purposes specified in division	4540
(A) of section 5119.06 of the Revised Code. The use of moneys in	4541
the trust fund pursuant to this section does not represent an	4542
ongoing commitment to the continuation of the trust fund or to the	4543
use of moneys in the trust fund.	4544

Sec. 5123.352.  There is hereby created in the state treasury	4545
the community mental retardation and developmental disabilities	4546
trust fund. The director of mental retardation and developmental	4547
disabilities, not later than sixty days after the end of each	4548
fiscal year, shall certify to the director of budget and	4549
management the amount of all the unexpended, unencumbered balances	4550
of general revenue fund appropriations made to the department of	4551
mental retardation and developmental disabilities for the fiscal	4552
year, excluding appropriations for rental payments to the Ohio	4553
public facilities commission, and the amount of any other funds	4554
held by the department in excess of amounts necessary to meet the	4555
department's operating costs and obligations pursuant to this	4556
chapter and Chapter 5126. of the Revised Code. On receipt of the	4557
certification, the director of budget and management shall	4558
transfer cash to the trust fund in an amount up to, but not	4559
exceeding, the total of the amounts certified by the director of	4560
mental retardation and developmental disabilities, except in cases	4561
in which the transfer will involve more than twenty million	4562
dollars. In such cases, the director of budget and management	4563
shall notify the controlling board and must receive the board's	4564
approval of the transfer prior to making the transfer.	4565

Except for expenses paid under division (C) of section	4566
5123.353 of the Revised Code, all moneys in the trust fund shall	4567
be distributed in accordance with section 5126.19 of the Revised	4568
Code.	4569

Sec. 5731.47.  The fees of the sheriff or other officers for	4570
services performed under Chapter 5731. of the Revised Codethis	4571
chapter and the expenses of the county auditor shall be certified	4572
by the county auditor by a report filed with the tax commissioner.	4573
If the tax commissioner finds that suchthose fees and expenses	4574
are correct and reasonable in amount, the tax commissioner shall	4575
indicate approval of the fees and expenses in writing to the	4576
county auditor. The county auditor shall pay suchthose fees and	4577
expenses out of the state's share of the undivided inheritance	4578
taxes in the county treasury andundivided estate tax fund. The	4579
county auditor then shall deduct, from the amount required to be	4580
credited to each of the funds or boards of education listed or	4581
referred to in division (A) of section 5731.48 of the Revised	4582
Code, a pro rata share of the amount so paid. The pro rata share	4583
shall be computed on the basis of the proportions of the gross	4584
taxes levied and paid under this chapter that are required to be	4585
credited to the funds or boards of education listed or referred to	4586
under that section. The county auditor shall draw warrants payable	4587
from suchthose taxes on the county treasurer in favor of the fee	4588
funds or officers personally entitled theretoto the fees and	4589
expenses. If the fees and expenses approved by the tax	4590
commissioner exceed the amount of the state's share of undivided	4591
inheritance taxes in the county treasury, the county auditor shall	4592
certify the amount of the excess to the tax commissioner, who	4593
shall certify the amount to the director of budget and management.	4594
The director shall provide for payment of the excess from the	4595
general revenue fund to the county treasury, and the county	4596
auditor shall draw warrants on the county treasurer in favor of	4597
the appropriate fee funds or officers.	4598

Sec. 5731.48.  (A) If a decedent dies on or after July 1,	4599
1989, and before January 1, 2001, sixty-four per cent of the gross	4600
amount of taxes levied and paid under this chapter shall be for	4601
the use of the municipal corporation or township in which the tax	4602
originates, and shall be credited as provided in division (A)(1),	4603
(2), or (3) of this section:	4604

(1) To the general revenue fund in the case of a city;

4605

(2) To the general revenue fund of a village or to the board	4606
of education of a village, for school purposes, as the village	4607
council by resolution may approve;	4608

(3) To the general revenue fund or to the board of education	4609
of the school district of which the township is a part, for school	4610
purposes, as the board of township trustees by resolution may	4611
approve, in the case of a township.	4612

The remainder of the taxes levied and paid shall be for the	4613
use of the state and shall be credited to the general revenue fund	4614
after any deduction for fees and costs charged under section	4615
5731.47 of the Revised Code.	4616

(B) If a decedent dies on or after January 1, 2001, and	4617
before January 1, 2002, seventy per cent of the gross amount of	4618
taxes levied and paid under this chapter shall be for the use of	4619
the municipal corporation or township in which the tax originates	4620
and credited as provided in division (A)(1), (2), or (3) of this	4621
section, and the remainder shall be for the use of the state and	4622
credited to the general revenue fund after any deduction for fees	4623
and costs charged under section 5731.47 of the Revised Code.	4624

(C) If a decedent dies on or after January 1, 2002, eighty	4625
per cent of the gross amount of taxes levied and paid under this	4626
chapter, less any deduction from the municipal corporation's or	4627
township's share of those taxes for fees or expenses charged under	4628
section 5731.47 of the Revised Code, shall be for the use of the	4629
municipal corporation or township in which the tax originates and	4630
credited as provided in division (A)(1), (2), or (3) of this	4631
section, and the remainder, less any deduction from the state's	4632
share of those taxes for fees or expenses charged under section	4633
5731.47 of the Revised Code, shall be for the use of the state and	4634
shall be credited to the general revenue fund after any deduction	4635
for fees and costs charged under section 5731.47 of the Revised	4636
Code.	4637

(D) If a municipal corporation is in default with respect to	4638
the principal or interest of any outstanding notes or bonds, one	4639
half of the taxes distributed under this section shall be credited	4640
to the sinking or bond retirement fund of the municipal	4641
corporation, and the residue shall be credited to the general	4642
revenue fund.	4643

(E) The council, board of trustees, or other legislative	4644
authority of a village or township may, by ordinance in the case	4645
of a village, or by resolution in the case of a township, provide	4646
that whenever there is money in the treasury of the village or	4647
township from taxes levied under this chapter, not required for	4648
immediate use, that money may be invested in federal, state,	4649
county, or municipal bonds, upon which there has been no default	4650
of the principal during the preceding five years.	4651

Section 2. That existing sections 102.02, 123.01, 123.10,	4652
124.15, 124.152, 124.181, 124.183, 124.382, 126.32, 152.09,	4653
175.21, 3327.01, 3334.01, 3383.09, 3701.881, 3712.09, 3734.02,	4654
3734.18, 3734.57, 3781.19, 4701.03, 4707.05, 5111.022, 5119.18,	4655
5123.352, 5731.47, and 5731.48 and sections        Sec. 152.101.  and        Sec. 901.85.  of	4656
the Revised Code are hereby repealed.	4657

Section 3.  All items set forth in Sections 3.01 to 3.04 of	4658
this act are hereby appropriated out of any moneys in the General	4659
Revenue Fund (GRF) that are not otherwise appropriated:	4660

Reappropriations

Section 3.01.  DAS DEPARTMENT OF ADMINISTRATIVE SERVICES

4661

RURAL AREAS COMMUNITY IMPROVEMENTS

4667

From the foregoing appropriation item CAP-786, Rural Areas	4668
Community Improvements, grants shall be made for the following	4669
projects: $20,000 for the Smith Field Memorial Foundation;	4670
$200,000 for the Champaign YMCA; $75,000 for the Bellepoint Bridge	4671
Reconstruction; $100,000 for the Mentor Fire & Police Headquarters	4672
Relocation; $20,000 for the Red Mill Creek Water Retention Basin;	4673
and $25,000 for the Lawrence County Water Projects.	4674

URBAN AREAS COMMUNITY IMPROVEMENTS

4675

From the foregoing appropriation item CAP-817, Urban Areas	4676
Community Improvements, grants shall be made for the following	4677
projects: $100,000 for the Maumee Youth Center; $25,000 for the	4678
Columbus Civic Arena Development Planning; $50,000 for the Brown	4679
Senior Center Renovations; $100,000 for Project AHEAD Facility	4680
Improvements; $75,000 for the J. Frank-Troy Senior Citizens	4681
Center; $15,000 for the Victorian Village Society; $50,000 for the	4682
Beech Acres Family Center; $23,900 for the Canton Jewish Women's	4683
Center; $450,000 for the Gateway Social Services Building; $50,000	4684
for the Loew Field Improvements; $20,000 for the Harvard Community	4685
Services Center Renovation & Expansion; $20,000 for the Collinwood	4686
Community Service Center Repair & Renovation; and $80,000 for	4687
Bowman Park - City of Toledo.	4688

Reappropriations

Section 3.02.  AFC ARTS AND SPORTS FACILITIES COMMISSION

4689

COOPER STADIUM RELOCATION FEASIBILITY STUDY

4692

Notwithstanding division (F) of section 3383.07 of the	4693
Revised Code, all or a portion of the foregoing appropriation item	4694
CAP-819, Cooper Stadium Relocation Feasibility Study, may be	4695
expended for the cost of preparing a financial and development	4696
plan or feasibility study, renovation, and purchasing engineering	4697
and architectural services, designs, plans, specifications,	4698
surveys, and estimates of costs for Cooper Stadium. Any amount	4699
expended for that purpose from the appropriation shall count	4700
toward the maximum 15 per cent of the construction cost of the	4701
sports facility to be paid from state funds.	4702

Reappropriations

Section 3.03.  OHS OHIO HISTORICAL SOCIETY

4703

Reappropriations

Section 3.04.  DNR DEPARTMENT OF NATURAL RESOURCES

4707

Section 3.05.  No expenditures shall be made from any of the	4724
items appropriated from the General Revenue Fund in Sections 3.01	4725
to 3.04 of this act until the funds are released by the	4726
Controlling Board.	4727

Section 4.  All items set forth in this section are hereby	4728
appropriated out of any moneys in the state treasury to the credit	4729
of the Wildlife Fund (Fund 015) that are not otherwise	4730
appropriated:	4731

Reappropriations

DNR DEPARTMENT OF NATURAL RESOURCES

4732

Section 5.  The items set forth in this section are hereby	4753
appropriated out of any moneys in the state treasury to the credit	4754
of the Public School Building Fund (Fund 021) that are not	4755
otherwise appropriated:	4756

Reappropriations

SFC SCHOOL FACILITIES COMMISSION

4757

PUBLIC SCHOOL BUILDINGS

4763

The amount reappropriated for the foregoing appropriation	4764
item CAP-622, Public School Buildings, is $349,622 plus the sum of	4765
the unencumbered and unallotted balances as of June 30, 2004, for	4766
appropriation item CAP-622, Public School Buildings.	4767

Section 6. The items set forth in this section are hereby	4768
appropriated out of any moneys in the state treasury to the credit	4769
of the Highway Safety Fund (Fund 036) that are not otherwise	4770
appropriated:	4771

Reappropriations

DHS DEPARTMENT OF PUBLIC SAFETY

4772

Section 7.  All items set forth in this section are hereby	4783
appropriated out of any moneys in the state treasury to the credit	4784
of the Waterways Safety Fund (Fund 086) that are not otherwise	4785
appropriated:	4786

Reappropriations

DNR DEPARTMENT OF NATURAL RESOURCES

4787

Section 8.  All items set forth in this section are hereby	4800
appropriated out of any moneys in the state treasury to the credit	4801
of the Underground Parking Garage Operating Fund (Fund 208) that	4802
are not otherwise appropriated:	4803

Reappropriations

CSR CAPITOL SQUARE REVIEW AND ADVISORY BOARD

4804

UNDERGROUND PARKING GARAGE FIRE SUPPRESSION SYSTEM

4812

Appropriation item CAP-009, Garage Fire Suppression System,	4813
in the Underground Parking Garage Operating Fund (Fund 208), shall	4814
be used for completion of the second and final phase of a fire	4815
suppression system in the Statehouse garage. Notwithstanding any	4816
section of the Revised Code, any transfer or disbursement of	4817
moneys from appropriation items CAP-009, Garage Fire Suppression,	4818
and CAP-011, Statehouse Security Improvements, for this purpose	4819
shall be subject to Controlling Board approval.	4820

Section 9.  All items set forth in this section are hereby	4821
appropriated out of any moneys in the state treasury to the credit	4822
of the Army National Guard Service Contract Fund (Fund 342) that	4823
are not otherwise appropriated:	4824

Reappropriations

ADJ ADJUTANT GENERAL

4825

Section 10. All items set forth in this section are hereby	4830
appropriated out of any moneys in the state treasury to the credit	4831
of the Special Administrative Fund (Fund 4A9) that are not	4832
otherwise appropriated:	4833

Reappropriations

JFS DEPARTMENT OF JOB AND FAMILY SERVICES

4834

CENTRAL OFFICE BUILDING RENOVATIONS SPENDING AND REPAYMENT	4838
PLAN	4839

Funds appropriated in the foregoing appropriation item	4840
CAP-702, Central Office Building Renovations, are to be released	4841
for expenditure only after approval of the Unemployment	4842
Compensation Advisory Council created under section 4141.08 of the	4843
Revised Code. The amount to be released shall be based on a	4844
spending plan, which may include a repayment schedule, approved by	4845
the Council. Once approval is received, the Director of Job and	4846
Family Services shall request the Director of Budget and	4847
Management or the Controlling Board to release the appropriation.	4848

Section 11.  All items set forth in this section are hereby	4849
appropriated out of any moneys in the state treasury to the credit	4850
of the Capital Donations Fund (Fund 5A1) that are not otherwise	4851
appropriated:	4852

Reappropriations

AFC ARTS AND SPORTS FACILITIES COMMISSION

4853

CAPITAL DONATIONS FUND CERTIFICATIONS AND APPROPRIATIONS

4857

The Executive Director of the Arts and Sports Facilities	4858
Commission shall certify to the Director of Budget and Management	4859
the amount of cash receipts and related investment income,	4860
irrevocable letters of credit from a bank, or certification of the	4861
availability of funds that have been received from a county or a	4862
city for deposit to the Capital Donations Fund and are related to	4863
an anticipated project. These amounts are hereby appropriated to	4864
appropriation item CAP-702, Capital Donations. Prior to certifying	4865
these amounts to the Director, the Executive Director shall make a	4866
written agreement with the participating entity on the necessary	4867
cash flows required for the anticipated construction or equipment	4868
acquisition project.	4869

Section 12. The items set forth in this section are hereby	4870
appropriated out of any moneys in the state treasury to the credit	4871
of the Community Match Armories Fund (Fund 5U8) that are not	4872
otherwise appropriated:	4873

ADJUTANT GENERAL

4874

Section 13. The items set forth in this section are hereby	4879
appropriated out of any moneys in the state treasury to the credit	4880
of the State Fire Marshal Fund (Fund 546) that are not otherwise	4881
appropriated:	4882

DEPARTMENT OF COMMERCE

4883

Section 14.  The items set forth in this section are hereby	4889
appropriated out of any moneys in the state treasury to the credit	4890
of the Veterans' Home Improvement Fund (Fund 604) that are not	4891
otherwise appropriated:	4892

Reappropriations

OVH OHIO VETERANS' HOME

4893

Section 15. All items set forth in this section are hereby	4906
appropriated out of any moneys in the state treasury to the credit	4907
of the Education Facilities Trust Fund (Fund N87) that are not	4908
otherwise appropriated:	4909

Reappropriations

SFC SCHOOL FACILITIES COMMISSION

4910

CLASSROOM FACILITIES ASSISTANCE PROJECTS

4915

The amount reappropriated for the foregoing appropriation	4916
item CAP-780, Classroom Facilities Assistance Program, is $768,711	4917
plus the sum of the unencumbered and unallotted balances as of	4918
June 30, 2004, for appropriation item CAP-780, Classroom	4919
Facilities Assistance Program.	4920

EXCEPTIONAL NEEDS PROGRAM

4921

The amount reappropriated for the foregoing appropriation	4922
item CAP-784, Exceptional Needs Program, is $761,146 plus the sum	4923
of the unencumbered and unallotted balances as of June 30, 2004,	4924
for appropriation item CAP-784, Exceptional Needs Program.	4925

Section 16. All items set forth in this section are hereby	4926
appropriated out of any moneys in the state treasury to the credit	4927
of the Clean Ohio Revitalization Fund (Fund 003) that are not	4928
otherwise appropriated:	4929

Reappropriations

DEV DEPARTMENT OF DEVELOPMENT

4930

Section 17.  All items set forth in this section are hereby	4936
appropriated out of any moneys in the state treasury to the credit	4937
of the Highway Safety Building Fund (Fund 025) that are not	4938
otherwise appropriated:	4939

Reappropriations

DHS DEPARTMENT OF PUBLIC SAFETY

4940

Section 18.  All items set forth in Sections 18.01 to 18.15	4950
of this act are hereby appropriated out of any moneys in the state	4951
treasury to the credit of the Administrative Building Fund (Fund	4952
026) that are not otherwise appropriated:	4953

Reappropriations

Section 18.01.  ADJ ADJUTANT GENERAL

4954

NEW ARMORY CONSTRUCTION

4977

The foregoing appropriation item CAP-059, Construct Bowling	4978
Green Armory, shall be used to fund the state's share of the cost	4979
of building a basic armory in the Bowling Green area, including	4980
the cost of site acquisition, site preparation, and planning and	4981
design. Appropriations shall not be released for this item without	4982
a certification by the Adjutant General to the Director of Budget	4983
and Management that sufficient moneys have been allocated for the	4984
federal share of the cost of construction.	4985

Reappropriations

Section 18.02.  DAS DEPARTMENT OF ADMINISTRATIVE SERVICES

4986

HAZARDOUS SUBSTANCE ABATEMENT IN STATE FACILITIES

5010

The foregoing appropriation item CAP-809, Hazardous Substance	5011
Abatement, shall be used to fund the removal of asbestos, PCB,	5012
radon gas, and other contamination hazards from state facilities.	5013

Prior to the release of funds for asbestos abatement, the	5014
Department of Administrative Services shall review proposals from	5015
state agencies to use these funds for asbestos abatement projects	5016
based on criteria developed by the Department of Administrative	5017
Services. Upon a determination by the Department of Administrative	5018
Services that the requesting agency cannot fund the asbestos	5019
abatement project or other toxic materials removal through	5020
existing capital and operating appropriations, the department may	5021
request the release of funds for such projects by the Controlling	5022
Board. State agencies intending to fund asbestos abatement or	5023
other toxic materials removal through existing capital and	5024
operating appropriations shall notify the Director of	5025
Administrative Services of the nature and scope prior to	5026
commencing the project.	5027

Only agencies that have received appropriations for capital	5028
projects from the Administrative Building Fund (Fund 026) are	5029
eligible to receive funding from this item. Public school	5030
districts are not eligible.	5031

IMPLEMENTATION OF AMERICANS WITH DISABILITIES ACT

5032

The foregoing appropriation item CAP-822, Americans with	5033
Disabilities Act, shall be used to renovate state-owned facilities	5034
to provide access for physically disabled persons in accordance	5035
with Title II of the Americans with Disabilities Act.	5036

Prior to the release of funds for renovation, state agencies	5037
shall perform self-evaluations of state-owned facilities	5038
identifying barriers to access to service. State agencies shall	5039
prioritize access barriers and develop a transition plan for the	5040
removal of these barriers. The Department of Administrative	5041
Services shall review proposals from state agencies to use these	5042
funds for Americans with Disabilities Act renovations.	5043

Only agencies that have received appropriations for capital	5044
projects from Administrative Building Fund (Fund 026) are eligible	5045
to receive funding from this item. Public school districts are not	5046
eligible.	5047

MARCS STEERING COMMITTEE AND STATEWIDE COMMUNICATIONS SYSTEM

5048

There is hereby continued a Multi-Agency Radio Communications	5049
System (MARCS) Steering Committee consisting of the designees of	5050
the Directors of Administrative Services, Public Safety, Natural	5051
Resources, Transportation, Rehabilitation and Correction, and	5052
Budget and Management. The Director of Administrative Services or	5053
the director's designee shall chair the committee. The committee	5054
shall provide assistance to the Director of Administrative	5055
Services for effective and efficient implementation of the MARCS	5056
system as well as develop policies for the ongoing management of	5057
the system. Upon dates prescribed by the Directors of	5058
Administrative Services and Budget and Management, the MARCS	5059
Steering Committee shall report to the directors on the progress	5060
of MARCS implementation and the development of policies related to	5061
the system.	5062

The foregoing appropriation item CAP-827, Statewide	5063
Communications System, shall be used to purchase or construct the	5064
components of MARCS that are not specific to any one agency. The	5065
equipment may include, but is not limited to, multi-agency	5066
equipment at the Emergency Operations Center/Joint Dispatch	5067
Facility, computer and telecommunication equipment used for the	5068
functioning and integration of the system, communications towers,	5069
tower sites, tower equipment, and linkages among towers and	5070
between towers and the State of Ohio Network for Integrated	5071
Communication (SONIC) system. The Director of Administrative	5072
Services shall, with the concurrence of the MARCS Steering	5073
Committee, determine the specific use of funds.	5074

Spending from this appropriation item shall not be subject to	5075
Chapters 123. and 153. of the Revised Code.	5076

ENERGY CONSERVATION PROJECTS

5077

The foregoing appropriation item CAP-835, Energy Conservation	5078
Projects, shall be used to perform energy conservation	5079
renovations, including the United States Environmental Protection	5080
Agency's Energy Star Program, in state-owned facilities. Prior to	5081
the release of funds for renovation, state agencies shall have	5082
performed a comprehensive energy audit for each project. The	5083
Department of Administrative Services shall review and approve	5084
proposals from state agencies to use these funds for energy	5085
conservation. Public school districts and state-supported and	5086
state-assisted institutions of higher education are not eligible	5087
for funding from this item.	5088

Reappropriations

Section 18.03.  AGE DEPARTMENT OF AGING

5089

Reappropriations

Section 18.04.  AGR DEPARTMENT OF AGRICULTURE

5093

Reappropriations

Section 18.05.  AGO ATTORNEY GENERAL

5103

Reappropriations

Section 18.06. CSR CAPITOL SQUARE REVIEW AND ADVISORY BOARD

5108

Reappropriations

Section 18.07.  COM DEPARTMENT OF COMMERCE

5114

Reappropriations

Section 18.08.  EXP EXPOSITIONS COMMISSION

5118

Reappropriations

Section 18.09. DEPARTMENT OF HEALTH

5134

Reappropriations

Section 18.10.  JSC JUDICIARY/SUPREME COURT

5138

EXEMPT FROM PER CENT FOR ARTS PROGRAM

5141

The foregoing appropriation item CAP-001, Ohio Courts	5142
Building Renovations, is exempt from section 3379.10 of the	5143
Revised Code, the Per Cent for Arts Program.	5144

OHIO COURTS BUILDING

5145

The amount reappropriated for the foregoing appropriation	5146
item CAP-001, Ohio Courts Building Renovations, shall be the sum	5147
of the unencumbered and unallotted balances as of June 30, 2004,	5148
in appropriation item CAP-001, Ohio Courts Building Renovations,	5149
plus the amount refunded to the Judiciary/Supreme Court for	5150
deposit into the Administrative Building Fund (Fund 026) in	5151
accordance with Section 92 of Am. Sub. H.B. 850 of the 122nd	5152
General Assembly. This amount shall be certified to the Director	5153
of Budget and Management.	5154

Reappropriations

Section 18.11.  DNR DEPARTMENT OF NATURAL RESOURCES

5155

Reappropriations

Section 18.12.  DHS DEPARTMENT OF PUBLIC SAFETY

5164

Reappropriations

Section 18.13.  OSB SCHOOL FOR THE BLIND

5172

ROOF IMPROVEMENT SCHOOL AND COTTAGE

5181

The amount reappropriated for appropriation item CAP-745,	5182
Roof Improvements on the School and Cottage, is $49,011 plus the	5183
unencumbered and unallotted balances as of June 30, 2004, in	5184
appropriation item CAP-745, Roof Improvements on the School and	5185
Cottage.	5186

RESIDENTIAL RENOVATIONS

5187

The amount reappropriated for appropriation item CAP-780,	5188
Residential Renovations is $10,537 plus the unencumbered and	5189
unallotted balances as of June 30, 2004 in appropriation items	5190
CAP-780 Residential Renovations and CAP-752 Equipment Storage	5191
Building.	5192

Reappropriations

Section 18.14. OSD SCHOOL FOR THE DEAF

5193

DORMITORY RENOVATIONS

5199

The amount reappropriated for the foregoing appropriation	5200
item CAP-776, Dormitory Renovations, is $23,225 plus the	5201
unencumbered and unallotted balances as of June 30, 2004, in	5202
appropriation items CAP-776, Dormitory Renovations, and CAP-785,	5203
Site Improvements.	5204

Reappropriations

Section 18.15.  OVH OHIO VETERANS' HOME

5205

Section 19. SOS SECRETARY OF STATE

5209

VOTING MACHINES

5213

The foregoing appropriation item CAP-002, Voting Machines,	5214
shall be used to purchase upgraded voting equipment. Appropriation	5215
item CAP-002, Voting Machines, shall match federal funds provided	5216
through the Help America Vote Act of 2002.	5217

Section 20.  All items set forth in this section are hereby	5218
appropriated out of any moneys in the state treasury to the credit	5219
of the Adult Correctional Building Fund (Fund 027) that are not	5220
otherwise appropriated:	5221

Reappropriations

DRC DEPARTMENT OF REHABILITATION AND CORRECTION

5222

STATEWIDE AND CENTRAL OFFICE PROJECTS

5223

GENERAL BUILDING RENOVATIONS

5258

The amount reappropriated for the foregoing appropriation	5259
item CAP-111, General Building Renovations, is the unencumbered	5260
and unallotted balance as of June 30, 2004, in appropriation item	5261
CAP-111, General Building Renovations, plus $1,170,818.	5262

ALLEN CORRECTIONAL INSTITUTION

5263

BELMONT CORRECTIONAL INSTITUTION

5266

CHILLICOTHE CORRECTIONAL INSTITUTION

5270

CORRECTIONAL RECEPTION CENTER

5289

CORRECTIONS MEDICAL CENTER

5292

CORRECTIONS TRAINING ACADEMY

5295

DAYTON CORRECTIONAL INSTITUTION

5301

FRANKLIN PRE-RELEASE CENTER

5306

GRAFTON CORRECTIONAL INSTITUTION

5309

HOCKING CORRECTIONAL FACILITY

5312

LAKE ERIE CORRECTIONAL INSTITUTION

5317

LEBANON CORRECTIONAL INSTITUTION

5320

LONDON CORRECTIONAL INSTITUTION

5332

LORAIN CORRECTIONAL INSTITUTION

5343

MADISON CORRECTIONAL INSTITUTION

5346

MANSFIELD CORRECTIONAL INSTITUTION

5354

MARION CORRECTIONAL INSTITUTION

5361

NORTH COAST CORRECTIONAL TREATMENT FACILITY

5374

NORTHEAST PRE-RELEASE CENTER

5377

OAKWOOD CORRECTIONAL FACILITY

5380

OHIO REFORMATORY FOR WOMEN

5384

OHIO STATE PENITENTIARY

5404

PICKAWAY CORRECTIONAL INSTITUTION

5408

RICHLAND CORRECTIONAL INSTITUTION

5427

ROSS CORRECTIONAL INSTITUTION

5431

SOUTHEASTERN CORRECTIONAL INSTITUTION

5437

SOUTHERN OHIO CORRECTIONAL FACILITY

5449

TOLEDO CORRECTIONAL INSTITUTION

5459

TRUMBULL CORRECTIONAL INSTITUTION

5462

WARREN CORRECTIONAL INSTITUTION

5466

Section 20.01. LOCAL JAILS

5473

From the foregoing appropriation item, CAP-002, Local Jails,	5474
the Department of Rehabilitation and Correction shall designate	5475
the projects involving the construction and renovation of county,	5476
multicounty, municipal-county, and multicounty-municipal jail	5477
facilities and workhouses, including correctional centers	5478
authorized under sections 153.61 and 307.93 of the Revised Code,	5479
for which the Ohio Building Authority is authorized to issue	5480
obligations. Notwithstanding any provisions to the contrary in	5481
Chapter 152. or 153. of the Revised Code, the Department of	5482
Rehabilitation and Correction may coordinate, review, and monitor	5483
the drawdown and use of funds for the renovation or construction	5484
of projects for which designated funds are provided.	5485

The funding authorized under this section shall not be	5486
applied to any such facilities that are not designated by the	5487
Department of Rehabilitation and Correction. The amount of funding	5488
authorized under this section that may be applied to a project	5489
designated for initial funding after July 1, 2000, involving the	5490
construction or renovation of a county, multicounty,	5491
municipal-county, and multicounty-municipal jail facilities and	5492
workhouses, including correctional centers authorized under	5493
sections 153.61 and 307.93 of the Revised Code, shall not exceed	5494
$35,000 per bed of the total allowable cost of the project in the	5495
case of construction of county and municipal-county jail	5496
facilities, workhouses, and correctional centers, or multicounty	5497
or multicounty-municipal jail facilities, workhouses, and	5498
correctional centers and shall not exceed 30 per cent of the total	5499
allowable cost of the project in the case of renovation of county,	5500
multicounty, municipal-county, and multicounty-municipal jail	5501
facilities, workhouses, and correctional centers. If a political	5502
subdivision is in the planning phase of constructing a multicounty	5503
or multicounty-municipal jail facility, workhouse, or correctional	5504
center on or before the effective date of this section, the	5505
Department of Rehabilitation and Correction shall fund that	5506
facility at $42,000 per bed. Multicounty or multicounty-municipal	5507
jail facility construction projects initiated after the effective	5508
date of this section may be considered for, but are not entitled	5509
to be awarded, funding at $42,000 per bed. The higher per bed	5510
award is at the discretion of the Department of Rehabilitation and	5511
Correction and is contingent upon available funds, the impact of	5512
the project, and inclusion of at least three counties in the	5513
project.	5514

The cost-per-bed funding authorized under this section that	5515
may be applied to a construction project shall not exceed the	5516
actual cost-per-bed of the project. The 30 per cent funding	5517
authorized under this section that may be applied to a renovation	5518
project shall not exceed $35,000 per bed of the total allowable	5519
cost of the project.	5520

The funding authorized under this section shall not be	5521
applied to any project involving the construction of a county,	5522
multicounty, municipal-county, or multicounty-municipal jail	5523
facility or workhouse, including a correctional center established	5524
under sections 153.61 and 307.93 of the Revised Code, unless the	5525
facility, workhouse, or correctional center will be built in	5526
compliance with "The Minimum Standards for Jails in Ohio" and the	5527
plans have been approved under section 5120.10 of the Revised	5528
Code. In addition, the funding authorized under this section shall	5529
not be applied to any project involving the renovation of a	5530
county, multicounty, municipal-county, or multicounty-municipal	5531
jail facility or workhouse, including a correctional center	5532
established under sections 153.61 and 307.93 of the Revised Code,	5533
unless the renovation is for the purpose of bringing the facility,	5534
workhouse, or correctional center into compliance with "The	5535
Minimum Standards for Jails in Ohio" and the plans have been	5536
approved under section 5120.10 of the Revised Code.	5537

Section 20.02. COMMUNITY-BASED CORRECTIONAL FACILITIES

5538

The Department of Rehabilitation and Correction may designate	5539
to the Ohio Building Authority the sites of, and, notwithstanding	5540
any provisions to the contrary in Chapter 152. or 153. of the	5541
Revised Code, may review the renovation or construction of the	5542
single county and district community-based correctional facilities	5543
funded by the foregoing appropriation item CAP-003,	5544
Community-Based Correctional Facilities.	5545

Section 20.03. COMMUNITY RESIDENTIAL PROGRAM RENOVATIONS

5546

The foregoing appropriation item CAP-041, Community	5547
Residential Program, may be used by the Department of	5548
Rehabilitation and Correction, under sections 5120.103, 5120.104,	5549
and 5120.105 of the Revised Code, to provide for the construction	5550
or renovation of halfway house facilities for offenders eligible	5551
for community supervision by the Department of Rehabilitation and	5552
Correction.	5553

Section 21.  All items set forth in this section are hereby	5554
appropriated out of any moneys in the state treasury to the credit	5555
of the Juvenile Correctional Building Fund (Fund 028) that are not	5556
otherwise appropriated:	5557

Reappropriations

DYS DEPARTMENT OF YOUTH SERVICES

5558

Section 21.01. GENERAL INSTITUTIONAL RENOVATIONS

5573

The amount reappropriated for the foregoing appropriation	5574
item CAP-803, General Institutional Renovations, is the	5575
unencumbered and unallotted balance as of June 30, 2004, in	5576
appropriation item CAP-803, General Institutional Renovations,	5577
plus $788,000.	5578

Section 21.02.  COMMUNITY REHABILITATION CENTERS

5579

From the foregoing appropriation item CAP-812, Community	5580
Rehabilitation Centers, the Department of Youth Services shall	5581
designate the projects involving the construction and renovation	5582
of single county and multicounty community corrections facilities	5583
for which the Ohio Building Authority is authorized to issue	5584
obligations.	5585

The Department of Youth Services is authorized to review and	5586
approve the renovation and construction of projects for which	5587
funds are provided. The proceeds of any obligations authorized	5588
under this section shall not be applied to any such facilities	5589
that are not designated and approved by the Department of Youth	5590
Services.	5591

The Department of Youth Services shall adopt guidelines to	5592
accept and review applications and designate projects. The	5593
guidelines shall require the county or counties to justify the	5594
need for the facility and to comply with timelines for the	5595
submission of documentation pertaining to the site, program, and	5596
construction.	5597

For purposes of this section, "community corrections	5598
facilities" has the same meaning as in section 5139.36 of the	5599
Revised Code.	5600

Section 21.03. LOCAL JUVENILE DETENTION CENTERS

5601

From the foregoing appropriation item CAP-829, Local Juvenile	5602
Detention Centers, the Department of Youth Services shall	5603
designate the projects involving the construction and renovation	5604
of county and multicounty juvenile detention centers for which the	5605
Ohio Building Authority is authorized to issue obligations.	5606

The Department of Youth Services is authorized to review and	5607
approve the renovation and construction of projects for which	5608
funds are provided. The proceeds of any obligations authorized	5609
under this section shall not be applied to any such facilities	5610
that are not designated by the Department of Youth Services.	5611

The Department of Youth Services shall comply with the	5612
guidelines set forth in this section, accept and review	5613
applications, designate projects, and determine the amount of	5614
state match funding to be applied to each project. The department	5615
shall, with the advice of the county or counties participating in	5616
a project, determine the funded design capacity of the detention	5617
centers that are designated to receive funding. Notwithstanding	5618
any provisions to the contrary contained in Chapter 152. or 153.	5619
of the Revised Code, the Department of Youth Services may	5620
coordinate, review, and monitor the drawdown and use of funds for	5621
the renovation and construction of projects for which designated	5622
funds are provided.	5623

(A) The Department of Youth Services shall develop a weighted	5624
numerical formula to determine the amount, if any, of state match	5625
that may be provided to a single or multicounty detention center	5626
project. The formula shall include the factors specified below in	5627
division (A)(1) of this section and may include the factors	5628
specified below in division (A)(2) of this section. The weight	5629
assigned to the factors specified in division (A)(1) of this	5630
section shall be not less than twice the weight assigned to	5631
factors specified in division (A)(2) of this section.	5632

(1)(a) The number of detention center beds needed in the	5633
county or group of counties, as estimated by the Department of	5634
Youth Services, is significantly more than the number of beds	5635
currently available;	5636

(b) Any existing detention center in the county or group of	5637
counties does not meet health, safety, or security standards for	5638
detention centers as established by the Department of Youth	5639
Services;	5640

(c) The Department of Youth Services projects that the county	5641
or group of counties have a need for a sufficient number of	5642
detention beds to make the project economically viable.	5643

(2)(a) The percentage of children in the county or group of	5644
counties living below the poverty level is above the state	5645
average;	5646

(b) The per capita income in the county or group of counties	5647
is below the state average.	5648

(B) The formula developed by the Department of Youth Services	5649
shall yield a percentage of state match ranging from 0 to 60 per	5650
cent based on the above factors. Notwithstanding the foregoing	5651
provisions, if a single county or multicounty system currently has	5652
no detention center beds, or if the projected need for detention	5653
center beds as estimated by the Department of Youth Services is	5654
greater than 120 per cent of current detention center bed	5655
capacity, then the percentage of state match shall be 60 per cent.	5656
To determine the dollar amount of the state match for new	5657
construction projects, the percentage of state match is multiplied	5658
by $125,000 per bed for detention centers with a designated	5659
capacity of 99 beds or less, and by $130,000 per bed for detention	5660
centers with a design capacity of 100 beds or more. To determine	5661
the dollar amount of the state match for renovation projects the	5662
percentage match shall be multiplied by the actual cost of the	5663
renovation, provided that the cost of the renovation does not	5664
exceed $100,000 per bed. The funding authorized under this section	5665
that may be applied to a construction or renovation project shall	5666
not exceed the actual cost of the project.	5667

The funding authorized under this section shall not be	5668
applied to any project unless the detention center will be built	5669
in compliance with health, safety, and security standards for	5670
detention centers as established by the Department of Youth	5671
Services. In addition, the funding authorized under this section	5672
shall not be applied to the renovation of a detention center	5673
unless the renovation is for the purpose of increasing the number	5674
of beds in the center, or to meet health, safety, or security	5675
standards for detention centers as established by the Department	5676
of Youth Services.	5677

Section 22. All items set forth in this section are hereby	5678
appropriated out of any moneys in the state treasury to the credit	5679
of the Transportation Building Fund (Fund 029) that are not	5680
otherwise appropriated:	5681

Reappropriations

DOT DEPARTMENT OF TRANSPORTATION

5682

Section 23. All items set forth in this section are hereby	5687
appropriated out of any moneys in the state treasury to the credit	5688
of the Arts and Sports Facilities Building Fund (Fund 030) that	5689
are not otherwise appropriated:	5690

Reappropriations

AFC ARTS AND SPORTS FACILITIES COMMISSION

5691

COSI COLUMBUS - LOCAL ADMINISTRATION OF CAPITAL PROJECT	5760
CONTRACTS	5761

Notwithstanding division (A) of section 3383.07 of the	5762
Revised Code, the Ohio Arts and Sports Facilities Commission, with	5763
respect to the foregoing appropriation item CAP-005, Center of	5764
Science and Industry - Columbus, may administer all or part of	5765
capital facilities project contracts involving exhibit fabrication	5766
and installation as determined by the Department of Administrative	5767
Services, the Center of Science and Industry - Columbus, and the	5768
Ohio Arts and Sports Facilities Commission in review of the	5769
project plans. The Ohio Arts and Sports Facilities Commission	5770
shall enter into a contract with the Center of Science and	5771
Industry - Columbus to administer the exhibit fabrication and	5772
installation contracts and such contracts are not subject to	5773
Chapter 123. or 153. of the Revised Code.	5774

SPORTS FACILITIES IMPROVEMENTS - AKRON

5775

The amount reappropriated to the Arts and Sports Facilities	5776
Building Fund (Fund 030), CAP-024, Sports Facilities Improvements	5777
- Akron, is the unallotted and unencumbered balance in the Sports	5778
Facilities Building Fund (Fund 024), CAP-024, Sports Facilities	5779
Improvements - Akron.	5780

REDS HALL OF FAME

5781

The amount reappropriated to the Arts and Sports Facilities	5782
Building Fund (Fund 030), CAP-025, Reds Hall of Fame, is the	5783
unallotted and unencumbered balance in the Sports Facilities	5784
Building Fund (Fund 024), CAP-025, Reds Hall of Fame.	5785

MARINA DISTRICT/ICE ARENA DEVELOPMENT

5786

The amount reappropriated to the Arts and Sports Facilities	5787
Building Fund (Fund 030), CAP-843, Marina District/Ice Arena	5788
Development, is the unallotted and unencumbered balance in the	5789
Sports Facilities Building Fund (Fund 024), CAP-073, Marina	5790
District/Ice Arena Development.	5791

Section 24.  All items set forth in this section are hereby	5792
appropriated out of any moneys in the state treasury to the credit	5793
of the Ohio Parks and Natural Resources Fund (Fund 031) that are	5794
not otherwise appropriated:	5795

Reappropriations

DNR DEPARTMENT OF NATURAL RESOURCES

5796

STATEWIDE AND LOCAL PROJECTS

5797

DIVISION OF CIVILIAN CONSERVATION

5824

DIVISION OF FORESTRY

5829

DIVISION OF MINERAL RESOURCES MANAGEMENT

5838

DIVISION OF NATURAL AREAS AND PRESERVES

5841

DIVISION OF PARKS AND RECREATION

5847

DIVISION OF SOIL AND WATER CONSERVATION

5885

DIVISION OF WATER

5888

Section 24.01. LAND ACQUISITION

5899

Of the foregoing appropriation item CAP-012, Land	5900
Acquisition, $300,000 shall be used by the City of Mentor to	5901
purchase property for the Mentor Marsh.	5902

MIAMI AND ERIE CANAL IMPROVEMENTS

5903

Of the foregoing appropriation item CAP-705, Rehabilitate	5904
Canals, Hydraulic Works, and Support Facilities, at least	5905
$1,250,000 shall be used for Miami and Erie Canal improvements.	5906

LOCAL PARKS PROJECTS - STATEWIDE

5907

The amount reappropriated for the foregoing appropriation	5908
item CAP-748, Local Parks Projects - Statewide, is $840,879 plus	5909
the unencumbered and unallotted balance as of June 30, 2004, in	5910
item CAP-748, Local Parks Projects - Statewide. The $840,879	5911
represents amounts that were previously appropriated, allocated to	5912
counties pursuant to division (D) of section 1557.06 of the	5913
Revised Code, and encumbered for local project grants. The	5914
encumbrances for these local projects in the various counties	5915
shall be canceled by the Director of Natural Resources or the	5916
Director of Budget and Management. The Director of Natural	5917
Resources shall allocate the $840,879 to the same counties the	5918
moneys were originally allocated to, in the amount of the canceled	5919
encumbrances.	5920

DAM REHABILITATION

5921

Of the foregoing appropriation item CAP-881, Dam	5922
Rehabilitation, up to $5,000,000 shall be used to rehabilitate the	5923
Muskingum River Locks and Dams.	5924

Section 24.02.  For the projects appropriated in Section 24	5925
of this act, the Ohio Department of Natural Resources shall	5926
periodically prepare and submit to the Director of Budget and	5927
Management the estimated design, planning, and engineering costs	5928
of capital-related work to be done by the Department of Natural	5929
Resources for each project. Based on the estimates, the Director	5930
of Budget and Management may release appropriations from the	5931
foregoing appropriation item CAP-753, Project Planning, to pay for	5932
design, planning, and engineering costs incurred by the Department	5933
of Natural Resources for such projects. Upon release of the	5934
appropriations by the Director of Budget and Management, the	5935
Department of Natural Resources shall pay for these expenses from	5936
Fund 4S9, Capital Expenses, and be reimbursed by the Ohio Parks	5937
and Natural Resources Fund (Fund 031) using an intrastate voucher.	5938

Section 25.  All items set forth in this section are hereby	5939
appropriated out of any moneys in the state treasury to the credit	5940
of the School Building Program Assistance Fund (Fund 032) that are	5941
not otherwise appropriated:	5942

Reappropriations

SFC SCHOOL FACILITIES COMMISSION

5943

SCHOOL BUILDING PROGRAM ASSISTANCE

5948

The amount reappropriated for the foregoing appropriation	5949
item CAP-770, School Building Program Assistance, is $6,205,032,	5950
plus the sum of the unencumbered and unallotted balances as of	5951
June 30, 2004, for appropriation item CAP-770, School Building	5952
Program Assistance.	5953

Section 26.  All items set forth in Sections 26.01 to 26.03	5954
of this act are hereby appropriated out of any moneys in the state	5955
treasury to the credit of the Mental Health Facilities Improvement	5956
Fund (Fund 033) that are not otherwise appropriated:	5957

Reappropriations

Section 26.01.  ADA DEPARTMENT OF ALCOHOL AND DRUG ADDICTION	5958
SERVICES	5959

COMMUNITY ASSISTANCE PROJECTS

5965

Of the foregoing appropriation item CAP-002, Community	5966
Assistance Projects, $266,512 shall be used for the Oak House	5967
Women's Residential Treatment Facility.	5968

Reappropriations

Section 26.02.  DMH DEPARTMENT OF MENTAL HEALTH

5969

STATEWIDE AND CENTRAL OFFICE PROJECTS

5970

COMMUNITY ASSISTANCE PROJECTS

5980

Of the foregoing appropriation item CAP-479, Community	5981
Assistance Projects, $250,000 shall be used for the Berea	5982
Children's Home.	5983

PATIENT CARE AND ENVIRONMENT IMPROVEMENTS

5984

The amount reappropriated for appropriation item CAP-977,	5985
Patient Care/Environment Improvement, is the unencumbered and	5986
unallotted balances as of June 30, 2004, in appropriation item	5987
CAP-977, Patient Care/Environment Improvement, plus $371,199.	5988

PATIENT ENVIRONMENT IMPROVEMENT CONSOLIDATION

5989

The amount reappropriated for appropriation item CAP-984,	5990
Patient Environment Improvement/Consolidation, is the unencumbered	5991
and unallotted balance as of June 30, 2004, in appropriation item	5992
CAP-984, Patient Environment Improvement/Consolidation plus	5993
$176,853.	5994

Reappropriations

Section 26.03.  DMR DEPARTMENT OF MENTAL RETARDATION AND	5995
DEVELOPMENTAL DISABILITIES	5996

STATEWIDE PROJECTS

5997

COMMUNITY ASSISTANCE PROJECTS

6006

The foregoing appropriation item CAP-480, Community	6007
Assistance Projects, may be used to provide community assistance	6008
funds for the construction or renovation of facilities for day	6009
programs or residential programs that provide services to persons	6010
eligible for services from the Department of Mental Retardation	6011
and Developmental Disabilities or county boards of mental	6012
retardation and developmental disabilities. Any funds provided to	6013
nonprofit agencies for the construction or renovation of	6014
facilities for persons eligible for services from the Department	6015
of Mental Retardation and Developmental Disabilities and county	6016
boards of mental retardation and developmental disabilities are	6017
subject to the prevailing wage provisions in section 176.05 of the	6018
Revised Code.	6019

Of the foregoing appropriation item CAP-480, Community	6020
Assistance Projects, $150,000 shall be used for the Fostoria Area	6021
Community Childhood and Family Center and $1,000,000 shall be used	6022
for the Bellefaire Jewish Children's Bureau.	6023

STATEWIDE DEVELOPMENTAL CENTERS

6024

APPLE CREEK DEVELOPMENTAL CENTER

6025

CAMBRIDGE DEVELOPMENTAL CENTER

6033

COLUMBUS DEVELOPMENTAL CENTER

6039

GALLIPOLIS DEVELOPMENTAL CENTER

6043

MONTGOMERY DEVELOPMENTAL CENTER

6046

MOUNT VERNON DEVELOPMENTAL CENTER

6049

NORTHWEST OHIO DEVELOPMENTAL CENTER

6056

SOUTHWEST OHIO DEVELOPMENTAL CENTER

6060

SPRINGVIEW DEVELOPMENTAL CENTER

6065

TIFFIN DEVELOPMENTAL CENTER

6069

WARRENSVILLE DEVELOPMENTAL CENTER

6076

Section 26.04. The foregoing appropriations for the	6089
Department of Alcohol and Drug Addiction Services, CAP-002,	6090
Community Assistance Projects; Department of Mental Health,	6091
CAP-479, Community Assistance Projects; and Department of Mental	6092
Retardation and Developmental Disabilities, CAP-480, Community	6093
Assistance Projects, may be used on facilities constructed or to	6094
be constructed pursuant to Chapter 340., 3793., 5119., 5123., or	6095
5126. of the Revised Code or the authority granted by section	6096
154.20 of the Revised Code and the rules adopted pursuant to those	6097
chapters and that section and shall be distributed by the	6098
Department of Alcohol and Drug Addiction Services, the Department	6099
of Mental Health, and the Department of Mental Retardation and	6100
Developmental Disabilities, subject to Controlling Board approval.	6101

Section 26.05.  (A) No capital improvement appropriations	6102
made in Sections 26.01 to 26.03 of this act shall be released for	6103
planning or for improvement, renovation, or construction or	6104
acquisition of capital facilities if a governmental agency, as	6105
defined in section 154.01 of the Revised Code, does not own the	6106
real property that constitutes the capital facilities or on which	6107
the capital facilities are or will be located. This restriction	6108
does not apply in any of the following circumstances:	6109

(1) The governmental agency has a long-term (at least fifteen	6110
years) lease of, or other interest (such as an easement) in, the	6111
real property.	6112

(2) In the case of an appropriation for capital facilities	6113
that, because of their unique nature or location, will be owned or	6114
be part of facilities owned by a separate nonprofit organization	6115
and made available to the governmental agency for its use, the	6116
nonprofit organization either owns or has a long-term (at least	6117
fifteen years) lease of the real property or other capital	6118
facility to be improved, renovated, constructed, or acquired and	6119
has entered into a joint or cooperative use agreement, approved by	6120
the Department of Mental Health, Department of Mental Retardation	6121
and Developmental Disabilities, or Department of Alcohol and Drug	6122
Addiction Services, whichever is applicable, with the governmental	6123
agency for that agency's use of and right to use the capital	6124
facilities to be financed and, if applicable, improved, the value	6125
of such use or right to use being, as determined by the parties,	6126
reasonably related to the amount of the appropriation.	6127

(B) In the case of capital facilities referred to in division	6128
(A)(2) of this section, the joint or cooperative use agreement	6129
shall include, as a minimum, provisions that:	6130

(1) Specify the extent and nature of that joint or	6131
cooperative use, extending for no fewer than fifteen years, with	6132
the value of such use or right to use to be, as determined by the	6133
parties and approved by the applicable department, reasonably	6134
related to the amount of the appropriation;	6135

(2) Provide for pro rata reimbursement to the state should	6136
the arrangement for joint or cooperative use by a governmental	6137
agency be terminated;	6138

(3) Provide that procedures to be followed during the capital	6139
improvement process will comply with appropriate applicable state	6140
statutes and rules, including provisions of this act.	6141

Section 27.  All items set forth in Sections 27.01 to 27.53	6142
of this act are hereby appropriated out of any moneys in the state	6143
treasury to the credit of the Higher Education Improvement Fund	6144
(Fund 034) that are not otherwise appropriated:	6145

Reappropriations

Section 27.01.  OEB OHIO EDUCATIONAL TELECOMMUNICATIONS	6146
NETWORK COMMISSION	6147

EDUCATIONAL TELEVISION AND RADIO EQUIPMENT

6152

The foregoing appropriation item CAP-001, Educational	6153
Television and Radio Equipment, shall be used to provide	6154
broadcasting, transmission, and production equipment to Ohio	6155
public radio and television stations, radio reading services, and	6156
the Ohio Educational Telecommunications Network Commission.	6157

EDUCATIONAL BROADCASTING FIBER OPTIC NETWORK

6158

The foregoing appropriation item CAP-002, Educational	6159
Broadcasting Fiber Optic Network, shall be used to link the Ohio	6160
public radio and television stations, radio reading services, and	6161
the Ohio Educational Broadcasting Network for the reception and	6162
transmission of digital communications through fiber optic cable	6163
or other technology.	6164

Reappropriations

Section 27.02.  BOR BOARD OF REGENTS

6165

Section 27.03.  RESEARCH FACILITY ACTION AND INVESTMENT FUNDS

6177

The foregoing appropriation item CAP-032, Research Facility	6178
Action and Investment Funds, shall be used for a program of grants	6179
to be administered by the Board of Regents to provide timely	6180
availability of capital facilities for research programs and	6181
research-oriented instructional programs at or involving	6182
state-supported and state-assisted institutions of higher	6183
education.	6184

The Board of Regents shall adopt rules under Chapter 119. of	6185
the Revised Code relative to the application for and approval of	6186
projects funded from appropriation item CAP-032, Research Facility	6187
Action and Investment Funds. The rules shall be reviewed and	6188
approved by the Legislative Committee on Education Oversight. The	6189
Board of Regents shall inform the President of the Senate and the	6190
Speaker of the House of Representatives of each project	6191
application for funding received. Each project receiving a	6192
commitment for funding by the Board of Regents under the rules	6193
shall be reported to the President of the Senate and the Speaker	6194
of the House of Representatives.	6195

Section 27.04. REPAYMENT OF RESEARCH FACILITY ACTION AND	6196
INVESTMENT FUNDS MONEYS	6197

Notwithstanding any provision of law to the contrary, all	6198
repayments of Research Facility Action and Investment Funds loans	6199
shall be made to the Bond Service Account in the Higher Education	6200
Bond Service Trust Fund.	6201

Institutions of higher education shall make timely repayments	6202
of Research Facility Action and Investment Funds loans, according	6203
to the schedule established by the Board of Regents. In the case	6204
of late payments, the Board of Regents may deduct from an	6205
institution's periodic subsidy distribution an amount equal to the	6206
amount of the overdue payment for that institution, transfer such	6207
amount to the Bond Service Trust Fund, and credit the appropriate	6208
institution for the repayment.	6209

Section 27.05. CHILD CARE FACILITY - MATCHING GRANTS

6210

The foregoing appropriation item CAP-033, Child Care Facility	6211
- Matching Grants, shall be used by the Board of Regents to make	6212
grants to state-supported or state-assisted institutions of higher	6213
education for projects to expand, construct, renovate space, or	6214
equip child care centers. All grants shall be awarded on a 50 per	6215
cent match basis. In making grant awards, the Board of Regents	6216
shall give priority to:	6217

(A) Projects located at state-supported or state-assisted	6218
institutions without child care facilities;	6219

(B) Projects for which the principal clients are children of	6220
students enrolled at the institution; and	6221

(C) Projects where the facility will be used as a	6222
classroom/training lab for child care/preschool certification	6223
programs.	6224

Section 27.06. TECHNOLOGY INITIATIVES

6225

The foregoing appropriation item CAP-060, Technology	6226
Initiatives, shall be used by the Board of Regents to support	6227
collaborative initiatives to improve the quality and efficiency of	6228
instruction, services, and program offerings at Ohio's	6229
state-assisted colleges and universities.	6230

Section 27.07. THIRD FRONTIER PROJECT

6231

The foregoing appropriation item CAP-068, Third Frontier	6232
Project, shall be used to acquire, renovate, or construct	6233
facilities and purchase equipment for research programs,	6234
technology development, product development, and commercialization	6235
programs at or involving state-supported and state-assisted	6236
institutions of higher education. The funds shall be used to make	6237
grants awarded on a competitive basis, and shall be administered	6238
by the Third Frontier Commission. Expenditure of these funds shall	6239
comply with Section 2n of Article VIII, Ohio Constitution, and	6240
section 151.01 and 151.04 of the Revised Code for the period	6241
beginning July 1, 2004, and ending June 30, 2006.	6242

The Third Frontier Commission shall develop guidelines	6243
relative to the application for and selection of projects funded	6244
from appropriation item CAP-068, Third Frontier Project. The	6245
commission may develop these guidelines in consultation with other	6246
interested parties. The Board of Regents and all state-assisted	6247
and state-supported institutions of higher education shall take	6248
all actions necessary to implement grants awarded by the Third	6249
Frontier Commission.	6250

The foregoing appropriation item CAP-068, Third Frontier	6251
Project, for which an appropriation is made from the Higher	6252
Education Improvement Fund (Fund 034), is determined to consist of	6253
capital improvements and capital facilities for state-supported	6254
and state-assisted institutions of higher education, and is	6255
designated for the capital facilities to which proceeds of	6256
obligations in the Higher Education Improvement Fund (Fund 034)	6257
are to be applied.	6258

Section 27.08. TECHNOLOGY INCUBATOR FOR MARKET-READY	6259
APPLICATIONS	6260

The amount reappropriated for the foregoing appropriation	6261
item CAP-073, Technology Incubator for Market-Ready Applications,	6262
is the unencumbered and unallotted balance as of June 30, 2004, in	6263
Youngstown State University's appropriation item CAP-128,	6264
Technology Incubator for Market-Ready Applications, and CAP-116,	6265
Technology Incubator for Market-Ready Applications.	6266

Section 27.09. REIMBURSEMENT FOR PROJECT COSTS

6267

Appropriations made in Sections 27.02 to 27.53 of this act	6268
for purposes of the costs of capital facilities for the interim	6269
financing of which the particular institution has previously	6270
issued its own obligations anticipating the possibility of future	6271
state appropriations to pay all or a portion of such costs, as	6272
contemplated in division (B) of section 3345.12 of the Revised	6273
Code, shall be paid directly to the institution or the paying	6274
agent for those outstanding obligations in the full principal	6275
amount of those obligations then to be paid from the anticipated	6276
appropriation, and shall be timely applied to the retirement of a	6277
like principal amount of the institution's obligations.	6278

Appropriations made in Sections 27.02 to 27.53 of this act	6279
for purposes of the costs of capital facilities, all or a portion	6280
of which costs the particular institution has paid from the	6281
institution's moneys that were temporarily available and which	6282
expenditures were reasonably expected at the time of the advance	6283
by the institution and the state to be reimbursed from the	6284
proceeds of obligations issued by the state, shall be directly	6285
paid to the institution in the full amounts of those payments and	6286
shall be timely applied to the reimbursement of those temporarily	6287
available moneys. All reimbursements are subject to review and	6288
approval through the capital release process.	6289

Reappropriations

Section 27.10.  UAK UNIVERSITY OF AKRON

6290

Reappropriations

Section 27.11.  BGU BOWLING GREEN STATE UNIVERSITY

6313

BASIC RENOVATIONS

6338

The amount reappropriated for the foregoing appropriation	6339
item CAP-009, Basic Renovations, is the sum of the unencumbered	6340
and unallotted balances as of June 30, 2004, in appropriation	6341
items CAP-009, Basic Renovations; CAP-066, South Hall Replacement;	6342
and CAP-106, LSC Stairwell/MSC Exterior Steps.	6343

Reappropriations

Section 27.12.  CSU CENTRAL STATE UNIVERSITY

6344

Reappropriations

Section 27.13.  UCN UNIVERSITY OF CINCINNATI

6363

BASIC RENOVATIONS

6449

The amount reappropriated for the foregoing appropriation	6450
item CAP-009, Basic Renovations, is the sum of the unencumbered	6451
and unallotted balance as of June 30, 2004, in appropriation item	6452
CAP-009, Basic Renovations, plus $14,860.	6453

SCIENCE AND ALLIED HEALTH BUILDING - WALTERS

6454

The amount reappropriated for the foregoing appropriation	6455
item CAP-128, Science and Allied Health Building - Walters, is the	6456
sum of the unencumbered and unallotted balance as of June 30,	6457
2004, in appropriation item CAP-128, Science and Allied Health	6458
Building - Walters, plus $81,931.	6459

CLASSROOM/TEACHING LAB RENOVATIONS

6460

The amount reappropriated for the foregoing appropriation	6461
item CAP-174, Classroom/Teaching Lab Renovations, is the sum of	6462
the unencumbered and unallotted balance as of June 30, 2004, in	6463
appropriation item CAP-174, Classroom/Teaching Lab Renovations,	6464
plus $698.	6465

ELEVATOR - CRITICAL BUILDING COMPONENTS

6466

The amount reappropriated for the foregoing appropriation	6467
item CAP-182, Elevator - Critical Building Components, is the sum	6468
of the unencumbered and unallotted balance as of June 30, 2004, in	6469
appropriation item CAP-182, Elevator - Critical Building	6470
Components, plus $45,048.	6471

MSB SMALL GROUP LEARNING SPACES

6472

The amount reappropriated for the foregoing appropriation	6473
item CAP-187, MSB Small Group Learning Spaces, is the sum of the	6474
unencumbered and unallotted balance as of June 30, 2004, in	6475
appropriation item CAP-187, MSB Small Group Learning Spaces, plus	6476
$1,125.	6477

TC/DYER REHABILITATION PHASE 1A

6478

The amount reappropriated for the foregoing appropriation	6479
item CAP-198, TC/DYER Rehabilitation Phase 1A, is the sum of the	6480
unencumbered and unallotted balance as of June 30, 2004, in	6481
appropriation item CAP-198, TC/DYER Rehabilitation Phase 1A, plus	6482
$2,406.	6483

BRAUSTEIN REHABILITATION PHASE 1

6484

The amount reappropriated for the foregoing appropriation	6485
item CAP-200, Braustein Rehabilitation Phase 1, is the sum of the	6486
unencumbered and unallotted balance as of June 30, 2004, in	6487
appropriation item CAP-200, Braustein Rehabilitation Phase 1, plus	6488
$301.	6489

BALDWIN HALL REHABILITATION - PHASE 1

6490

The amount reappropriated for the foregoing appropriation	6491
item CAP-202, Baldwin Hall Rehabilitation - Phase 1, is the sum of	6492
the unencumbered and unallotted balance as of June 30, 2004, in	6493
appropriation item CAP-202, Baldwin Hall Rehabilitation - Phase 1,	6494
plus $8,360.	6495

MEDICAL SCIENCE BUILDING REHABILITATION

6496

The amount reappropriated for the foregoing appropriation	6497
item CAP-205, Medical Science Building Rehabilitation, is the sum	6498
of the unencumbered and unallotted balance as of June 30, 2004, in	6499
appropriation item CAP-205, Medical Science Building	6500
Rehabilitation, plus $274.	6501

ONE STOP SERVICES CENTER

6502

The amount reappropriated for the foregoing appropriation	6503
item CAP-206, One Stop Services Center, is the sum of the	6504
unencumbered and unallotted balance as of June 30, 2004, in	6505
appropriation item CAP-206, One Stop Services Center, plus $1,260.	6506

CREATION OF A P3 FACILITY

6507

The amount reappropriated for the foregoing appropriation	6508
item CAP-218, Creation of a P3 Facility, is the sum of the	6509
unencumbered and unallotted balance as of June 30, 2004, in	6510
appropriation item CAP-218, Creation of a P3 Facility, plus $500.	6511

Reappropriations

Section 27.14.  CLS CLEVELAND STATE UNIVERSITY

6512

BASIC RENOVATIONS

6541

The amount reappropriated for the foregoing appropriation	6542
item CAP-023, Basic Renovations, is the unencumbered and	6543
unallotted balance as of June 30, 2004, in appropriation item	6544
CAP-023, Basic Renovations, plus $9,122.	6545

Reappropriations

Section 27.15.  KSU KENT STATE UNIVERSITY

6546

BOILER PLANT CONTROLS AND BUILDING ALTERATIONS

6622

The amount reappropriated for the foregoing appropriation	6623
item CAP-156, Boiler Plant Controls and Building Alterations, is	6624
the unencumbered and unallotted balance as of June 30, 2004, in	6625
appropriation item CAP-156, Boiler Plant Controls and Building	6626
Alterations, plus $6,738.	6627

ELECTRICAL SUBSTATION/FIBER OPTIC NETWORK

6628

The amount reappropriated for the foregoing appropriation	6629
item CAP-159, Electrical Substation/Fiber Optic Network, is the	6630
unencumbered and unallotted balance as of June 30, 2004, in	6631
appropriation item CAP-159, Electrical Substation/Fiber Optic	6632
Network, plus $6,526.	6633

MIDWAY DRIVE UTILITIES TUNNEL - II

6634

The amount reappropriated for the foregoing appropriation	6635
item CAP-176, Midway Drive Utilities Tunnel - II, is the	6636
unencumbered and unallotted balance as of June 30, 2004, in	6637
appropriation item CAP-176, Midway Drive Utilities Tunnel - II,	6638
plus $1,522.	6639

Reappropriations

Section 27.16.  MUN MIAMI UNIVERSITY

6640

Reappropriations

Section 27.17. OSU OHIO STATE UNIVERSITY

6694

ANIMAL AND PLANT BIOLOGY LEVEL 3

6917

The amount reappropriated for the foregoing appropriation	6918
item CAP-531, Animal and Plant Biology Level 3, shall be	6919
$3,303,062.	6920

Reappropriations

Section 27.18. OHU OHIO UNIVERSITY

6921

BASIC RENOVATIONS

6976

The amount reappropriated for the foregoing appropriation	6977
item CAP-020, Basic Renovations, is the unencumbered and	6978
unallotted balance as of June 30, 2004, in appropriation item	6979
CAP-020, Basic Renovations, plus $42,454.	6980

BASIC RENOVATIONS - LANCASTER

6981

The amount reappropriated for the foregoing appropriation	6982
item CAP-098, Basic Renovations - Lancaster, is the unencumbered	6983
and unallotted balance as of June 30, 2004, in appropriation item	6984
CAP-098, Basic Renovations - Lancaster, plus $441.	6985

BASIC RENOVATIONS - ZANESVILLE

6986

The amount reappropriated for the foregoing appropriation	6987
item CAP-099, Basic Renovations - Zanesville, is the unencumbered	6988
and unallotted balance as of June 30, 2004, in appropriation item	6989
CAP-099, Basic Renovations - Zanesville, plus $1,333.	6990

BENNETT HALL HVAC/LAB - CHILLICOTHE

6991

The amount reappropriated for the foregoing appropriation	6992
item CAP-115, Bennett Hall HVAC/Lab - Chillicothe, is the	6993
unencumbered and unallotted balance as of June 30, 2004, in	6994
appropriation item CAP-115, Bennett Hall HVAC/Lab - Chillicothe,	6995
plus $11,590.	6996

GYMNASIUM DEVELOPMENT - EASTERN

6997

The amount reappropriated for the foregoing appropriation	6998
item CAP-136, Gymnasium Development - Eastern, is the unencumbered	6999
and unallotted balance as of June 30, 2004, in appropriation item	7000
CAP-136, Gymnasium Development - Eastern, plus $305.	7001

COLLEGE OF HEALTH AND HUMAN SERVICES

7002

The amount reappropriated for the foregoing appropriation	7003
item CAP-141, College of Health and Human Services, is the	7004
unencumbered and unallotted balance as of June 30, 2004, in	7005
appropriation item CAP-141, College of Health and Human Services,	7006
plus $7,534.	7007

HEALTH PROFESSIONS LABS - PHASE I

7008

The amount reappropriated for the foregoing appropriation	7009
item CAP-142, Health Professions Labs Phase I, is the unencumbered	7010
and unallotted balance as of June 30, 2004, in appropriation item	7011
CAP-142, Health Professions Labs Phase I, plus $33,308.	7012

GORDY HALL ADDITION AND REHABILITATION

7013

The amount reappropriated for the foregoing appropriation	7014
item CAP-152, Gordy Hall Addition and Rehabilitation, is the	7015
unencumbered and unallotted balance as of June 30, 2004, in	7016
appropriation item CAP-152, Gordy Hall Addition and	7017
Rehabilitation, plus $940.	7018

BRASEE HALL REHABILITATION - LANCASTER

7019

The amount reappropriated for the foregoing appropriation	7020
item CAP-155, Brasee Hall Rehabilitation - Lancaster, is the	7021
unencumbered and unallotted balance as of June 30, 2004, in	7022
appropriation item CAP-155, Brasee Hall Rehabilitation -	7023
Lancaster, plus $13,216.	7024

ELSON HALL REHABILITATION - ZANESVILLE

7025

The amount reappropriated for the foregoing appropriation	7026
item CAP-172, Elson Hall Rehabilitation - Zanesville, is the	7027
unencumbered and unallotted balance as of June 30, 2004, in	7028
appropriation item CAP-172, Elson Hall Rehabilitation -	7029
Zanesville, plus $4,404.	7030

TECHNOLOGY CENTER PLANNING - IRONTON

7031

The amount reappropriated for the foregoing appropriation	7032
item CAP-187, Technology Center Planning - Ironton, is the	7033
unencumbered and unallotted balance as of June 30, 2004, in	7034
appropriation item CAP-187, Technology Center Planning - Ironton,	7035
plus $1,292.	7036

TECHNOLOGY CENTER CONSTRUCTION - IRONTON

7037

The amount reappropriated for the foregoing appropriation	7038
item CAP-188, Technology Center Construction - Ironton, is the	7039
unencumbered and unallotted balance as of June 30, 2004,in	7040
appropriation item CAP-188, Technology Center Construction -	7041
Ironton, plus $5,331.	7042

CENTER FOR PUBLIC POLICY

7043

The amount reappropriated for the foregoing appropriation	7044
item CAP-190, Center for Public Policy, is the unencumbered and	7045
unallotted balance as of June 30, 2004, in appropriation item	7046
CAP-190, Center for Public Policy, plus $23,891.	7047

DISTRICT WATER COOLING

7048

The amount reappropriated for the foregoing appropriation	7049
item CAP-191, District Water Cooling, is the unencumbered and	7050
unallotted balance as of June 30, 2004, in appropriation item	7051
CAP-191, District Water Cooling, plus $17,029.	7052

SUPPLEMENTAL RENOVATIONS

7053

The amount reappropriated for the foregoing appropriation	7054
item CAP-203, Supplemental Renovations, is the unencumbered and	7055
unallotted balance as of June 30, 2004, in appropriation item	7056
CAP-203, Supplemental Renovations, plus $6,621.	7057

HUMAN RESOURCES TRAINING CENTER

7058

The amount reappropriated for the foregoing appropriation	7059
item CAP-206, Human Resources Training Center, is the unencumbered	7060
and unallotted balance as of June 30, 2004, in appropriation item	7061
CAP-206, Human Resources Training Center, plus $1,116.	7062

Reappropriations

Section 27.19. SSC SHAWNEE STATE UNIVERSITY

7063

Reappropriations

Section 27.20. UTO UNIVERSITY OF TOLEDO

7084

Reappropriations

Section 27.21. WSU WRIGHT STATE UNIVERSITY

7113

BASIC RENOVATIONS

7132

The amount reappropriated for the foregoing appropriation	7133
item CAP-015, Basic Renovations, is the unencumbered and	7134
unallotted balance as of June 30, 2004, in appropriation items	7135
CAP-015, Basic Renovations; CAP-094, Campus Services Building; and	7136
CAP-098, Center/Hamilton/Physical Education Chiller, plus $23,400.	7137

BASIC RENOVATIONS - LAKE

7138

The amount reappropriated for the foregoing appropriation	7139
item CAP-064, Basic Renovations - Lake, is the sum of the	7140
unencumbered and unallotted balance as of June 30, 2004, in	7141
appropriation item CAP-064, Basic Renovations - Lake, plus $7,350.	7142

LIBRARY ACCESS CONSOLIDATION SYSTEM

7143

The amount reappropriated for the foregoing appropriation	7144
item CAP-080, Library Access Consolidation System, is the	7145
unencumbered and unallotted balance as of June 30, 2004, in	7146
appropriation item CAP-080, Library Access Consolidation System,	7147
plus $33,780.	7148

CAMPUS MASTER PLAN PHASE V-A

7149

The amount reappropriated for the foregoing appropriation	7150
item CAP-118, Campus Master Plan Phase V-A, is the sum of the	7151
unencumbered and unallotted balance as of June 30, 2004, in	7152
appropriation items CAP-072, Access Circulation, CAP-104, Road and	7153
Parking Lot Improvements, and CAP-118, Campus Master Plan Phase	7154
V-A.	7155

Reappropriations

Section 27.22. YSU YOUNGSTOWN STATE UNIVERSITY

7156

Reappropriations

Section 27.23. MCO MEDICAL COLLEGE OF OHIO

7177

Reappropriations

Section 27.24. NEM NORTHEASTERN OHIO UNIVERSITIES COLLEGE OF	7194
MEDICINE	7195

ROOF RENOVATIONS

7206

The amount reappropriated for the foregoing appropriation	7207
item CAP-047, Roof Renovations, shall be $12,418.	7208

Reappropriations

Section 27.25. CTC CINCINNATI STATE TECHNICAL AND COMMUNITY	7209
COLLEGE	7210

Reappropriations

Section 27.26. CLT CLARK STATE COMMUNITY COLLEGE

7221

Reappropriations

Section 27.27. CTI COLUMBUS STATE COMMUNITY COLLEGE

7229

ACADEMIC CENTER "C"

7238

The amount reappropriated for the foregoing appropriation	7239
item CAP-037, Academic Center "C", shall be the sum of the	7240
unencumbered and unallotted balance as of June 30, 2004, in	7241
appropriation item CAP-037, Academic Center "C", plus $29,271.	7242

Reappropriations

Section 27.28. CCC CUYAHOGA COMMUNITY COLLEGE

7243

BASIC RENOVATIONS

7256

The amount reappropriated for the foregoing appropriation	7257
item CAP-031, Basic Renovations, is the sum of the unencumbered	7258
and unallotted balance as of June 30, 2004, in appropriation items	7259
CAP-031, Basic Renovations, CAP-058, ADA Modifications, CAP-070,	7260
Interior/Exterior Signage Program, CAP-078, Humanities Building	7261
Renovations - Metro, CAP 080, UTC Curtainwall Modifications,	7262
CAP-081, Interior Courtyards Renovations, CAP-082, Carpet	7263
Replacement - Western, CAP-085, Expansion Joint Construction,	7264
CAP-086, Carpet Replacement - Western, plus $15,884.	7265

TECHNOLOGY LEARNING CENTER

7266

The amount reappropriated for the foregoing appropriation	7267
item CAP-064, Technology Learning Center - Western, is the sum of	7268
the unencumbered and unallotted balance as of June 30, 2004, in	7269
appropriation item CAP-064, Technology Learning Center - Western,	7270
minus $1,693,253.	7271

BUILDING A EXPANSION MODULE - WESTERN

7272

The amount reappropriated for the foregoing appropriation	7273
item CAP-090, Building A Expansion Module - Western, is the sum of	7274
the unencumbered and unallotted balance as of June 30, 2004, in	7275
appropriation items CAP-066, Renovate/Create New Classrooms -	7276
West, CAP-090, Building A Expansion Module - Western, plus	7277
$1,677,369.	7278

Reappropriations

Section 27.29. ESC EDISON STATE COMMUNITY COLLEGE

7279

Reappropriations

Section 27.30. JTC JEFFERSON COMMUNITY COLLEGE

7287

Reappropriations

Section 27.31. LCC LAKELAND COMMUNITY COLLEGE

7297

Reappropriations

Section 27.32. LOR LORAIN COMMUNITY COLLEGE

7308

Reappropriations

Section 27.33. NTC NORTHWEST STATE COMMUNITY COLLEGE

7314

Reappropriations

Section 27.34. OTC OWENS COMMUNITY COLLEGE

7321

Reappropriations

Section 27.35. RGC RIO GRANDE COMMUNITY COLLEGE

7329

Reappropriations

Section 27.36. SCC SINCLAIR COMMUNITY COLLEGE

7337

Reappropriations

Section 27.37. SOC SOUTHERN STATE COMMUNITY COLLEGE

7346

Reappropriations

Section 27.38. TTC TERRA STATE COMMUNITY COLLEGE

7353

Reappropriations

Section 27.39. WTC WASHINGTON STATE COMMUNITY COLLEGE

7359

Reappropriations

Section 27.40. BTC BELMONT TECHNICAL COLLEGE

7366

Reappropriations

Section 27.41. COT CENTRAL OHIO TECHNICAL COLLEGE

7372

Reappropriations

Section 27.42. HTC HOCKING TECHNICAL COLLEGE

7376

Reappropriations

Section 27.43. LTC LIMA TECHNICAL COLLEGE

7386

Reappropriations

Section 27.44. MAT MUSKINGUM AREA TECHNICAL COLLEGE

7396

Reappropriations

Section 27.45. MTC MARION TECHNICAL COLLEGE

7402

Reappropriations

Section 27.46. NCC NORTH CENTRAL TECHNICAL COLLEGE

7407

Reappropriations

Section 27.47. STC STARK TECHNICAL COLLEGE

7414

Section 27.48. For all of the foregoing appropriation items	7425
from the Higher Education Improvement Fund (Fund 034) that require	7426
local funds to be contributed by any state-supported or	7427
state-assisted institution of higher education, the Board of	7428
Regents shall not recommend that any funds be released until the	7429
recipient institution demonstrates to the Board of Regents and the	7430
Office of Budget and Management that the local funds contribution	7431
requirement has been secured or satisfied. The local funds shall	7432
be in addition to the foregoing appropriations.	7433

Section 27.49. None of the foregoing capital improvements	7434
appropriations for state-supported or state-assisted institutions	7435
of higher education shall be expended until the particular	7436
appropriation has been recommended for release by the Board of	7437
Regents and released by the Director of Budget and Management or	7438
the Controlling Board. Either the institution concerned, or the	7439
Board of Regents with the concurrence of the institution	7440
concerned, may initiate the request to the Director of Budget and	7441
Management or the Controlling Board for the release of the	7442
particular appropriations.	7443

Section 27.50. (A) No capital improvement appropriations made	7444
in Sections 27.02 to 27.53 of this act shall be released for	7445
planning or for improvement, renovation, construction, or	7446
acquisition of capital facilities if the institution of higher	7447
education or the state does not own the real property on which the	7448
capital facilities are or will be located. This restriction does	7449
not apply in any of the following circumstances:	7450

(1) The institution has a long-term (at least fifteen years)	7451
lease of, or other interest (such as an easement) in, the real	7452
property.	7453

(2) The Board of Regents certifies to the Controlling Board	7454
that undue delay will occur if planning does not proceed while the	7455
property or property interest acquisition process continues. In	7456
this case, funds may be released upon approval of the Controlling	7457
Board to pay for planning through the development of schematic	7458
drawings only.	7459

(3) In the case of an appropriation for capital facilities	7460
that, because of their unique nature or location, will be owned or	7461
will be part of facilities owned by a separate nonprofit	7462
organization or public body and made available to the institution	7463
of higher education for its use, the nonprofit organization or	7464
public body either owns or has a long-term (at least fifteen	7465
years) lease of the real property or other capital facility to be	7466
improved, renovated, constructed, or acquired and has entered into	7467
a joint or cooperative use agreement, approved by the Board of	7468
Regents, with the institution of higher education that meets the	7469
requirements of division (C) of this section.	7470

(B) Any foregoing appropriations which require cooperation	7471
between a technical college and a branch campus of a university	7472
may be released by the Controlling Board upon recommendation by	7473
the Board of Regents that the facilities proposed by the	7474
institutions are:	7475

(1) The result of a joint planning effort by the university	7476
and the technical college, satisfactory to the Board of Regents;	7477

(2) Facilities that will meet the needs of the region in	7478
terms of technical and general education, taking into	7479
consideration the totality of facilities which will be available	7480
after the completion of these projects;	7481

(3) Planned to permit maximum joint use by the university and	7482
technical college of the totality of facilities which will be	7483
available upon their completion;	7484

(4) To be located on or adjacent to the branch campus of the	7485
university.	7486

(C) In the case of capital facilities referred to in division	7487
(A)(3) of this section, the joint or cooperative use agreements	7488
shall include, as a minimum, provisions that:	7489

(1) Specify the extent and nature of that joint or	7490
cooperative use, extending for not fewer than fifteen years, with	7491
the value of such use or right to use to be, as determined by the	7492
parties and approved by the Board of Regents, reasonably related	7493
to the amount of the appropriations;	7494

(2) Provide for pro rata reimbursement to the state should	7495
the arrangement for joint or cooperative use be terminated;	7496

(3) Provide that procedures to be followed during the capital	7497
improvement process will comply with appropriate applicable state	7498
laws and rules, including provisions of this act;	7499

(4) Provide for payment or reimbursement to the institution	7500
of its administrative costs incurred as a result of the facilities	7501
project, not to exceed 1.5 per cent of the appropriated amount.	7502

(D) Upon the recommendation of the Board of Regents, the	7503
Controlling Board may approve the transfer of appropriations for	7504
projects requiring cooperation between institutions from one	7505
institution to another institution, with the approval of both	7506
institutions.	7507

(E) Notwithstanding section 127.14 of the Revised Code, the	7508
Controlling Board, upon the recommendation of the Board of	7509
Regents, may transfer amounts appropriated to the Board of Regents	7510
to accounts of state-supported or state-assisted institutions	7511
created for that same purpose.	7512

Section 27.51. The requirements of Chapters 123. and 153. of	7513
the Revised Code, with respect to the powers and duties of the	7514
Director of Administrative Services in the procedure for and award	7515
of contracts for capital improvement projects, and the	7516
requirements of section 127.16 of the Revised Code, with respect	7517
to the Controlling Board, do not apply to projects of community	7518
college districts and technical college districts.	7519

Section 27.52. Those institutions locally administering	7520
capital improvement projects pursuant to section 3345.50 of the	7521
Revised Code may:	7522

(A) Establish charges for recovering costs directly related	7523
to project administration as defined by the Director of	7524
Administrative Services. The Department of Administrative Services	7525
shall review and approve these administrative charges when such	7526
charges are in excess of 1.5 per cent of the total construction	7527
budget.	7528

(B) Seek reimbursement from state capital appropriations to	7529
the institution for the in-house design services performed by the	7530
institution for such capital projects. Acceptable charges shall be	7531
limited to design document preparation work that is done by the	7532
institution. These reimbursable design costs shall be shown as	7533
"A/E fees" within the project's budget that is submitted to the	7534
Controlling Board or the Director of Budget and Management as part	7535
of a request for release of funds. The reimbursement for in-house	7536
design may not exceed seven per cent of the estimated construction	7537
cost.	7538

Section 27.53.  The Board of Regents shall adopt rules	7539
regarding the release of moneys from all the foregoing	7540
appropriations for capital facilities for all state-supported and	7541
state-assisted institutions of higher education.	7542

Section 28.  All items set forth in this section are hereby	7543
appropriated out of any moneys in the state treasury to the credit	7544
of the Parks and Recreation Improvement Fund (Fund 035) that are	7545
not otherwise appropriated:	7546

Reappropriations

DNR DEPARTMENT OF NATURAL RESOURCES

7547

Section 28.01. RIVERFRONT IMPROVEMENTS

7589

Of the foregoing reappropriation item CAP-727, Riverfront	7590
Improvements, $100,000 shall be used for the Spencerville Canal	7591
Improvements and $350,000 shall be used for the Rush Creek and	7592
Upper Hocking Project.	7593

LOCAL PARKS PROJECTS

7594

The following projects shall be funded from the foregoing	7595
reappropriation item CAP-748, Local Parks Projects: $12,500 for	7596
Big Prairie/Lakeville Park Improvements; $6,500 for Crossroads	7597
Park Improvements; $1,500,000 for the Cleveland Lakefront Park	7598
Improvements; $500,000 for Colerain Township Park Improvements;	7599
$50,000 for Smith Field Park Improvements; $50,000 for St.	7600
Clairsville Park Improvements; $50,000 for Mt. Orab Park	7601
Improvements; $50,000 for Liberty Township Playground; $100,000	7602
for Gallipolis City Park; $20,000 for Junction City Park	7603
Improvements; $200,000 for the Goll Woods Nature Preserve; $15,000	7604
for Ryan Park Improvements; and $15,000 for Circleville Park	7605
Improvements.	7606

STATEWIDE TRAILS PROGRAM

7607

Of the foregoing reappropriation item CAP-876, Statewide	7608
Trails Program, $30,000 shall be used for Fairfield Heritage	7609
Trails and $100,000 shall be used for the Upper Sandusky Bike	7610
Path.	7611

FEDERAL REIMBURSEMENT

7612

All reimbursements received from the federal government for	7613
any expenditures made pursuant to Sections 28 and 28.01 shall be	7614
deposited in the state treasury to the credit of the Parks and	7615
Recreation Improvement Fund.	7616

Section 28.02. (A) No capital improvement appropriations made	7617
in Section 25 of this act shall be released for planning or for	7618
improvement, renovation, construction, or acquisition of capital	7619
facilities if a governmental agency, as defined in section 154.01	7620
of the Revised Code, does not own the real property that	7621
constitutes the capital facilities or on which the capital	7622
facilities are or will be located. This restriction does not apply	7623
in any of the following circumstances:	7624

(1) The governmental agency has a long-term (at least fifteen	7625
years) lease of, or other interest (such as an easement) in, the	7626
real property.	7627

(2) In the case of an appropriation for capital facilities	7628
for parks and recreation that, because of their unique nature or	7629
location, will be owned or will be part of facilities owned by a	7630
separate nonprofit organization and made available to the	7631
governmental agency for its use, the nonprofit organization either	7632
owns or has a long-term (at least fifteen years) lease of the real	7633
property or other capital facility to be improved, renovated,	7634
constructed, or acquired and has entered into a joint or	7635
cooperative use agreement, approved by the Department of Natural	7636
Resources, with the governmental agency for that agency's use of	7637
and right to use the capital facilities to be financed and, if	7638
applicable, improved, the value of such use or right to use being,	7639
as determined by the parties, reasonably related to the amount of	7640
the appropriation.	7641

(B) In the case of capital facilities referred to in division	7642
(A)(2) of this section, the joint or cooperative use agreement	7643
shall include, as a minimum, provisions that:	7644

(1) Specify the extent and nature of that joint or	7645
cooperative use, extending for not fewer than fifteen years, with	7646
the value of such use or right to use to be, as determined by the	7647
parties and approved by the applicable department, reasonably	7648
related to the amount of the appropriation;	7649

(2) Provide for pro rata reimbursement to the state should	7650
the arrangement for joint or cooperative use by a governmental	7651
agency be terminated; and	7652

(3) Provide that procedures to be followed during the capital	7653
improvement process will comply with appropriate applicable state	7654
laws and rules, including provisions of this act.	7655

Section 29. All items set forth in this section are hereby	7656
appropriated out of any moneys in the state treasury to the credit	7657
of the State Capital Improvements Fund (Fund 038) that are not	7658
otherwise appropriated:	7659

Reappropriations

PWC PUBLIC WORKS COMMISSION

7660

Ohio Small Government Capital Improvement Commission

7661

The appropriations in this section shall be used in	7687
accordance with sections 164.01 to 164.12 of the Revised Code. All	7688
expenditures made from these appropriations shall be approved by	7689
the Director of the Public Works Commission. The Director of the	7690
Public Works Commission shall not allocate funds in amounts	7691
greater than those amounts appropriated by the General Assembly.	7692

Section 30.  All items set forth in this section are hereby	7693
appropriated out of any moneys in the state treasury to the credit	7694
of the State Capital Improvements Revolving Loan Fund (Fund 040)	7695
and derived from repayments of loans made to local subdivisions	7696
for capital improvements, investment earnings on moneys in the	7697
fund, and moneys obtained from federal or private grants or from	7698
other sources for the purpose of making loans for the purpose of	7699
financing or assisting in the financing of the cost of capital	7700
improvement projects of local subdivisions:	7701

Reappropriations

PWC PUBLIC WORKS COMMISSION

7702

The appropriations in this section shall be used in	7727
accordance with sections 164.01 to 164.12 of the Revised Code. All	7728
expenditures made from these appropriations shall be approved by	7729
the Director of the Public Works Commission. The Director of the	7730
Public Works Commission shall not allocate funds in amounts	7731
greater than those amounts appropriated by the General Assembly.	7732

Section 31.  All items set forth in this section are hereby	7733
appropriated out of any moneys in the state treasury to the credit	7734
of the Clean Ohio Conservation Fund (Fund 056) that are not	7735
otherwise appropriated:	7736

Reappropriations

PWC PUBLIC WORKS COMMISSION

7737

Section 32. All items set forth in this section are hereby	7760
appropriated out of any moneys in the state treasury to the credit	7761
of the Clean Ohio Agricultural Easement Fund (Fund 057) that are	7762
not otherwise appropriated:	7763

Reappropriations

AGR DEPARTMENT OF AGRICULTURE

7764

AGRICULTURAL EASEMENT PURCHASE

7768

The foregoing appropriation item CAP-047, Clean Ohio	7769
Agricultural Easement Fund, shall be used in accordance with	7770
sections 901.21, 901.22, and 5301.67 to 5301.70 of the Revised	7771
Code.	7772

Section 33. All items set forth in this section are hereby	7773
appropriated out of any moneys in the state treasury to the credit	7774
of the Clean Ohio Trail Fund (Fund 061) that are not otherwise	7775
appropriated:	7776

DNR DEPARTMENT OF NATURAL RESOURCES

7777

Reappropriations

Section 34. All items set forth in this section are hereby	7782
appropriated out of any moneys in the state treasury to the credit	7783
of the School Building Program Assistance Fund (Fund 032) that are	7784
not otherwise appropriated:	7785

Appropriations

SFC SCHOOL FACILITIES COMMISSION

7786

Section 34.01. The Ohio Public Facilities Commission is	7791
hereby authorized to issue and sell, in accordance with Section 2n	7792
of Article VIII, Ohio Constitution, and Chapter 151. of the	7793
Revised Code and particularly sections 151.01 and 151.03 of the	7794
Revised Code, original obligations in an aggregate principal	7795
amount not to exceed $522,000,000, in addition to the original	7796
issuance of obligations heretofore authorized by prior acts of the	7797
General Assembly. The authorized obligations shall be issued,	7798
subject to applicable constitutional and statutory limitations, to	7799
pay the costs to the state of constructing classroom facilities	7800
pursuant to sections 3318.01 to 3318.35 of the Revised Code.	7801

Section 35. All items set forth in this section are hereby	7802
appropriated out of any moneys in the state treasury to the credit	7803
of the State Capital Improvements Fund (Fund 038) that are not	7804
otherwise appropriated:	7805

Appropriations

PWC PUBLIC WORKS COMMISSION

7806

The foregoing appropriation item CAP-150, Local Public	7810
Infrastructure, shall be used in accordance with sections 164.01	7811
to 164.12 of the Revised Code. The Director of the Public Works	7812
Commission may certify to the Director of Budget and Management	7813
that a need exists to appropriate investment earnings to be used	7814
in accordance with sections 164.01 to 164.12 of the Revised Code.	7815
If the Director of Budget and Management determines pursuant to	7816
division (D) of section 164.08 and section 164.12 of the Revised	7817
Code that investment earnings are available to support additional	7818
appropriations, such amounts are hereby appropriated.	7819

Section 36.  The Treasurer of State is hereby authorized	7820
pursuant to section 164.09 of the Revised Code to issue and sell,	7821
in accordance with Section 2m of Article VIII, Ohio Constitution,	7822
and sections 164.01 to 164.12 of the Revised Code, original	7823
obligations of the state, in an aggregate principal amount not to	7824
exceed $120,000,000, in addition to the original obligations	7825
heretofore authorized by prior acts of the General Assembly. These	7826
authorized obligations shall be issued and sold from time to time	7827
and in amounts necessary to ensure sufficient moneys to the credit	7828
of the State Capital Improvements Fund (Fund 038) to pay costs	7829
charged to that fund, as estimated by the Director of Budget and	7830
Management.	7831

Section 37.  All items set forth in this section are hereby	7832
appropriated out of any moneys in the state treasury to the credit	7833
of the State Capital Improvements Revolving Loan Fund (Fund 040).	7834
Revenues to the State Capital Improvements Revolving Loan Fund	7835
shall consist of all repayments of loans made to local	7836
subdivisions for capital improvements, investment earnings on	7837
moneys in the fund, and moneys obtained from federal or private	7838
grants or from other sources for the purpose of making loans for	7839
the purpose of financing or assisting in the financing of the cost	7840
of capital improvement projects of local subdivisions.	7841

PWC PUBLIC WORKS COMMISSION

7842

Appropriations

The foregoing appropriation item CAP-151, Revolving Loan,	7847
shall be used in accordance with sections 164.01 to 164.12 of the	7848
Revised Code.	7849

Section 38. CERTIFICATION OF AVAILABILITY OF MONEYS

7850

No moneys that require release shall be expended from any	7851
appropriation contained in this act without certification of the	7852
Director of Budget and Management that there are sufficient moneys	7853
in the state treasury in the fund from which the appropriation is	7854
made. Such certification made by the Office of Budget and	7855
Management shall be based on estimates of revenue, receipts, and	7856
expenses. Nothing herein shall be construed as a limitation on the	7857
authority of the Director of Budget and Management as granted in	7858
section 126.07 of the Revised Code.	7859

Section 39. LIMITATION ON USE OF CAPITAL APPROPRIATIONS

7860

The appropriations made in this act, excluding those made to	7861
the State Capital Improvement Fund (Fund 038) and the State	7862
Capital Improvements Revolving Loan Fund (Fund 040) for buildings	7863
or structures, including remodeling and renovations, are limited	7864
to:	7865

(A) Acquisition of real property or interest in real	7866
property;	7867

(B) Buildings and structures, which includes construction,	7868
demolition, complete heating, lighting, and lighting fixtures, and	7869
all necessary utilities, ventilating, plumbing, sprinkling, and	7870
sewer systems, when such systems are authorized or necessary;	7871

(C) Architectural, engineering, and professional services	7872
expenses directly related to the projects;	7873

(D) Machinery that is a part of structures at the time of	7874
initial acquisition or construction;	7875

(E) Acquisition, development, and deployment of new computer	7876
systems, including the redevelopment or integration of existing	7877
and new computer systems, but excluding regular or ongoing	7878
maintenance or support agreements;	7879

(F) Equipment that meets all the following criteria:

7880

(1) The equipment is essential in bringing the facility up to	7881
its intended use.	7882

(2) The unit cost of the equipment, and not the individual	7883
parts of a unit, is about $100 or more.	7884

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

7885

(4) The equipment is necessary for the functioning of the	7886
particular facility or project.	7887

No equipment shall be paid for from these appropriations that	7888
is not an integral part of or directly related to the basic	7889
purpose or function of a project for which moneys are	7890
appropriated. This paragraph does not apply to appropriation items	7891
for equipment.	7892

Section 40. CONTINGENCY RESERVE REQUIREMENT

7893

Any request for release of capital appropriations by the	7894
Director of Budget and Management or the Controlling Board of	7895
capital appropriations for projects, the contracts for which are	7896
awarded by the Department of Administrative Services, shall	7897
contain a contingency reserve, the amount of which shall be	7898
determined by the Department of Administrative Services, for	7899
payment of unanticipated project expenses. Any amount deducted	7900
from the encumbrance for a contractor's contract as an assessment	7901
for liquidated damages shall be added to the encumbrance for the	7902
contingency reserve. Contingency reserve funds shall be used to	7903
pay costs resulting from unanticipated job conditions, to comply	7904
with rulings regarding building and other codes, to pay costs	7905
related to errors or omissions in contract documents, to pay costs	7906
associated with changes in the scope of work, and to pay the cost	7907
of settlements and judgments related to the project.	7908

Any funds remaining upon completion of a project, may, upon	7909
approval of the Controlling Board, be released for the use of the	7910
institution to which the appropriation was made for another	7911
capital facilities project or projects.	7912

Section 41. AGENCY ADMINISTRATION OF CAPITAL FACILITIES	7913
PROJECTS	7914

Notwithstanding sections 123.01 and 123.15 of the Revised	7915
Code, the Director of Administrative Services may authorize the	7916
Departments of Mental Health, Mental Retardation and Developmental	7917
Disabilities, Alcohol and Drug Addiction Services, Agriculture,	7918
Jobs and Family Services, Rehabilitation and Correction, Youth	7919
Services, Public Safety, and Transportation, the Ohio Veterans'	7920
Home, and the Rehabilitation Services Commission to administer any	7921
capital facilities projects when the estimated cost, including	7922
design fees, construction, equipment, and contingency amounts, is	7923
less than $1,500,000. Requests for authorization to administer	7924
capital facilities projects shall be made in writing to the	7925
Director of Administrative Services by the respective state agency	7926
within sixty days after the effective date of the act in which the	7927
General Assembly initially makes an appropriation for the project.	7928
Upon the release of funds for such projects by the Controlling	7929
Board or the Director of Budget and Management, the agency may	7930
administer the capital project or projects for which agency	7931
administration has been authorized without the supervision,	7932
control, or approval of the Director of Administrative Services.	7933

The state agency authorized by the Director of Administrative	7934
Services to administer capital facilities projects pursuant to	7935
this section shall comply with the applicable procedures and	7936
guidelines established in Chapter 153. of the Revised Code.	7937

Section 42. SATISFACTION OF JUDGMENTS AND SETTLEMENTS AGAINST	7938
THE STATE	7939

Except as otherwise provided in this section, an	7940
appropriation contained in this act or any other act may be used	7941
for the purpose of satisfying judgments, settlements, or	7942
administrative awards ordered or approved by the Court of Claims	7943
or by any other court of competent jurisdiction in connection with	7944
civil actions against the state. This authorization shall not	7945
apply to appropriations to be applied to or used for payment of	7946
guarantees by or on behalf of the state or for payments under	7947
lease agreements relating to or debt service on bonds, notes, or	7948
other obligations of the state. Notwithstanding any other section	7949
of law to the contrary, this authorization includes appropriations	7950
from funds into which proceeds or direct obligations of the state	7951
are deposited only to the extent that the judgment, settlement, or	7952
administrative award is for or represents capital costs for which	7953
the appropriation may otherwise be used and is consistent with the	7954
purpose for which any related bonds were issued. Nothing contained	7955
in this section is intended to subject the state to suit in any	7956
forum in which it is not otherwise subject to suit, or is it	7957
intended to waive or compromise any defense or right available to	7958
the state in any suit against it.	7959

Section 43. Notwithstanding section 126.14 of the Revised	7960
Code, appropriations for appropriation items CAP-002, Local Jails,	7961
and CAP-003, Community-Based Correctional Facilities, appropriated	7962
from the Adult Correctional Building Fund (Fund 027) to the	7963
Department of Rehabilitation and Correction shall be released upon	7964
the written approval of the Director of Budget and Management. The	7965
appropriations from the Public School Building Fund (Fund 021),	7966
the Education Facilities Trust Fund (Fund N87), and the School	7967
Building Program Assistance Fund (Fund 032) to the School	7968
Facilities Commission, from the Transportation Building Fund (Fund	7969
029) to the Department of Transportation, from the Clean Ohio	7970
Conservation Fund (Fund 056) to the Public Works Commission, and	7971
appropriations from the State Capital Improvement Fund (Fund 038)	7972
and the State Capital Improvements Revolving Loan Fund (Fund 040)	7973
to the Public Works Commission shall be released upon presentation	7974
of a request to release the funds, by the agency to which the	7975
appropriation has been made, to the Director of Budget and	7976
Management.	7977

Section 44.  Except as provided in section 4115.04 of the	7978
Revised Code, no moneys appropriated or reappropriated by the	7979
125th General Assembly shall be used for the construction of	7980
public improvements, as defined in section 4115.03 of the Revised	7981
Code, unless the mechanics, laborers, or workers engaged therein	7982
are paid the prevailing rate of wages as prescribed in section	7983
4115.04 of the Revised Code. Nothing in this section shall affect	7984
the wages and salaries established for state employees under the	7985
provisions of Chapter 124. of the Revised Code, or collective	7986
bargaining agreements entered into by the state pursuant to	7987
Chapter 4117. of the Revised Code, while engaged on force account	7988
work, nor shall this section interfere with the use of inmate and	7989
patient labor by the state.	7990

Section 45. CAPITAL FACILITIES LEASES

7991

Capital facilities for which appropriations are made from the	7992
Administrative Building Fund (Fund 026), the Adult Correctional	7993
Building Fund (Fund 027), the Juvenile Correctional Building Fund	7994
(Fund 028), and the Arts Facilities Building Fund (Fund 030) may	7995
be leased by the Ohio Building Authority to the Department of	7996
Youth Services, the Arts and Sports Facilities Commission, the	7997
Department of Administrative Services, and the Department of	7998
Rehabilitation and Correction, and other agreements may be made by	7999
the Ohio Building Authority and the departments with respect to	8000
the use or purchase of such capital facilities, or subject to the	8001
approval of the director of the department or the commission, the	8002
Ohio Building Authority may lease such capital facilities to, and	8003
make other agreements with respect to the use or purchase thereof	8004
with, any governmental agency or nonprofit corporation having	8005
authority under law to own, lease, or operate such capital	8006
facilities. The director of the department or the commission may	8007
sublease such capital facilities to, and make other agreements	8008
with respect to the use or purchase thereof with, any such	8009
governmental agency or nonprofit corporation, which may include	8010
provisions for transmittal of receipts of that agency or nonprofit	8011
corporation of any charges for the use of such facilities, all	8012
upon such terms and conditions as the parties may agree upon and	8013
any other provision of law affecting the leasing, acquisition, or	8014
disposition of capital facilities by such parties.	8015

Section 46. AUTHORIZATION OF THE DIRECTOR OF BUDGET AND	8016
MANAGEMENT	8017

The Director of Budget and Management shall authorize both of	8018
the following:	8019

(A) The initial release of moneys for projects from the funds	8020
into which proceeds of direct obligations of the state are	8021
deposited.	8022

(B) The expenditure or encumbrance of moneys from funds into	8023
which proceeds of direct obligations are deposited, only after	8024
determining to the director's satisfaction that either of the	8025
following apply:	8026

(1) The application of such moneys to the particular project	8027
will not negatively affect any exemption or exclusion from federal	8028
income tax of the interest or interest equivalent on obligations,	8029
issued to provide moneys to the particular fund.	8030

(2) Moneys for the project will come from the proceeds of	8031
obligations, the interest on which is not so excluded or exempt	8032
and which have been authorized as "taxable obligations" by the	8033
issuing authority.	8034

The director shall report any nonrelease of moneys pursuant	8035
to this section to the Governor, the presiding officer of each	8036
house of the General Assembly, and the agency for the use of which	8037
the project is intended.	8038

Section 47. OHIO ADMINISTRATIVE KNOWLEDGE SYSTEM PROJECT

8039

The Ohio Administrative Knowledge System (OAKS) shall be an	8040
enterprise resource planning system that replaces the state's	8041
central services infrastructure systems, including, but not	8042
limited to, the central accounting system, the human	8043
resources/payroll system, the capital improvements projects	8044
tracking system, the fixed assets management system, and the	8045
procurement system. The Department of Administrative Services, in	8046
conjunction with the Office of Budget and Management, may acquire	8047
the system, including, but not limited to, the enterprise resource	8048
planning software and installation and implementation thereof	8049
pursuant to Chapter 125. of the Revised Code. Any lease-purchase	8050
arrangement utilized under Chapter 125. of the Revised Code,	8051
including any fractionalized interest therein as defined in	8052
division (N) of section 133.01 of the Revised Code, shall provide	8053
at the end of the lease periods that OAKS becomes the property of	8054
the state.	8055

Section 48. SCHOOL FACILITIES ENCUMBRANCES AND	8056
REAPPROPRIATION	8057

At the request of the Executive Director of the Ohio School	8058
Facilities Commission, the Director of Budget and Management may	8059
cancel encumbrances for school district projects from a previous	8060
biennium if the district has not raised its local share of project	8061
costs within one year of receiving Controlling Board approval in	8062
accordance with section 3318.05 of the Revised Code. The Executive	8063
Director of the Ohio School Facilities Commission shall certify	8064
the amounts of these canceled encumbrances to the Director of	8065
Budget and Management on a quarterly basis. The amounts of the	8066
canceled encumbrances are hereby appropriated.	8067

Section 49. REAPPROPRIATION OF UNEXPENDED ENCUMBERED BALANCES	8068
OF CAPITAL APPROPRIATIONS	8069

(A) An unexpended balance of a capital appropriation or	8070
reappropriation that a state agency has lawfully encumbered prior	8071
to the close of a capital biennium is hereby reappropriated for	8072
the following capital biennium from the fund from which it was	8073
originally appropriated or was reappropriated and shall be used	8074
only for the purpose of discharging the encumbrance in the	8075
following capital biennium. For those encumbered appropriations or	8076
reappropriations, any Controlling Board approval previously	8077
granted and referenced by the encumbering document remains in	8078
effect until the encumbrance is discharged in the following	8079
capital biennium or until the encumbrance expires at the end of	8080
the following capital biennium.	8081

(B) At the end of the reappropriation period provided for by	8082
division (A) of this section, an unexpended balance of a capital	8083
appropriation or reappropriation that remains encumbered at the	8084
end of that period is hereby reappropriated for the next capital	8085
biennium from the fund from which it was originally appropriated	8086
or was reappropriated and shall be used only for the purpose of	8087
discharging the encumbrance in the next capital biennium. For	8088
those encumbered appropriations or reappropriations, any	8089
Controlling Board approval previously granted and referenced by	8090
the encumbering document remains in effect until the encumbrance	8091
is discharged in the next capital biennium or until the	8092
encumbrance expires at the end of the next capital biennium.	8093

(C) At the end of the reappropriation period provided for by	8094
division (B) of this section, a reappropriation made pursuant to	8095
division (B) of this section shall lapse, and the encumbrance	8096
shall expire.	8097

(D) If an encumbrance expired pursuant to division (C) of	8098
this section, the Director of Budget and Management may	8099
re-establish the encumbrance as provided in this division. If a	8100
reappropriation for a project is made by the General Assembly for	8101
the biennium immediately following the biennium in which an	8102
encumbrance for that project expired, the Director of Budget and	8103
Management may re-establish the encumbrance in an amount not to	8104
exceed the amount of the expired encumbrance, in the name of the	8105
contractor named in the expired encumbrance, and for the same	8106
purpose specified in the expired encumbrance. The encumbrance	8107
shall be charged against the reappropriation for the project. The	8108
amount re-encumbered shall be used only for the purpose of	8109
discharging the encumbrance in the capital biennium for which the	8110
reappropriation was made. For those re-encumbered	8111
reappropriations, any Controlling Board approval previously	8112
granted and referenced by the expired encumbering document remains	8113
in effect until the encumbrance is discharged or expires at the	8114
end of the capital biennium for which the reappropriation was	8115
made. If any portion of the amount re-encumbered by the Director	8116
of Budget and Management under this division is not expended prior	8117
to the close of the capital biennium for which the reappropriation	8118
was made, that amount is hereby reappropriated for the following	8119
capital biennium as provided for in division (A) of this section	8120
and subject to the provisions of division (A) of this section.	8121

Section 50.  Capital reappropriations in this act that have	8122
been released by the Controlling Board or the Director of Budget	8123
and Management between June 30, 2002, and July 1, 2004, do not	8124
require further approval or release prior to being encumbered.	8125
Funds reappropriated in excess of such prior releases shall be	8126
released in accordance with applicable provisions of this act.	8127

Section 51.  Unless otherwise specified, the reappropriations	8128
made in this act represent the unencumbered and unallotted	8129
balances of prior years' capital improvements appropriations	8130
estimated to be available on June 30, 2004. The actual balances on	8131
June 30, 2004, for the appropriation items in this act are hereby	8132
reappropriated. Additionally, there is hereby reappropriated the	8133
unencumbered and unallotted balances on June 30, 2004, of any	8134
appropriation items either reappropriated in Am. Sub. H.B. 524 of	8135
the 124th General Assembly or appropriated in H.B. 675 of the	8136
124th General Assembly, or created by the Controlling Board	8137
pursuant to section 127.15 of the Revised Code from appropriation	8138
items in Am. Sub. H.B. 524 and H.B. 675, both of the 124th General	8139
Assembly, and this act, if the Director of Budget and Management	8140
determines that such balances are needed to complete the projects	8141
for which they were reappropriated or appropriated. The	8142
appropriation items and amounts that are reappropriated by this	8143
act shall be reported to the Controlling Board within 30 days	8144
after the effective date of this section.	8145

Section 52.  No appropriation for a health care facility	8146
authorized under this act may be released until the requirements	8147
of sections 3702.51 to 3702.68 of the Revised Code have been met.	8148

Section 53.  All proceeds received by the state as a result	8149
of litigation, judgments, settlements, or claims, filed by or on	8150
behalf of any state agency as defined by section 1.60 of the	8151
Revised Code or any state-supported or state-assisted institution	8152
of higher education, for damages or costs resulting from the use,	8153
removal, or hazard abatement of asbestos materials shall be	8154
deposited in the Asbestos Abatement Distribution Fund (Fund 674).	8155
All funds deposited into the Asbestos Abatement Distribution Fund	8156
are hereby appropriated to the Attorney General. To the extent	8157
practicable, the proceeds placed in the Asbestos Abatement	8158
Distribution Fund shall be divided among the state agencies and	8159
state-supported or state-assisted institutions of higher education	8160
in accordance with the general provisions of the litigation	8161
regarding the percentage of recovery. Distribution of the proceeds	8162
to each state agency or state-supported or state-assisted	8163
institution of higher education shall be made in accordance with	8164
the Asbestos Abatement Distribution Plan to be developed by the	8165
Attorney General, the Division of Public Works within the	8166
Department of Administrative Services, and the Office of Budget	8167
and Management.	8168

In those circumstances where asbestos litigation proceeds are	8169
for reimbursement of expenditures made with funds outside the	8170
state treasury or damages to buildings not constructed with state	8171
appropriations, direct payments shall be made to the affected	8172
institutions of higher education. Any proceeds received for	8173
reimbursement of expenditures made with funds within the state	8174
treasury or damages to buildings occupied by state agencies shall	8175
be distributed to the affected agencies with an intrastate	8176
transfer voucher to the funds identified in the Asbestos Abatement	8177
Distribution Plan.	8178

Such proceeds shall be used for additional asbestos abatement	8179
or encapsulation projects, or for other capital improvements,	8180
except that proceeds distributed to the General Revenue Fund and	8181
other funds that are not bond improvement funds may be used for	8182
any purpose. The Controlling Board may, for bond improvement	8183
funds, create appropriation items or increase appropriation	8184
authority in existing appropriation items equaling the amount of	8185
such proceeds. Such amounts approved by the Controlling Board are	8186
hereby appropriated. Such proceeds deposited in bond improvement	8187
funds shall not be expended until released by the Controlling	8188
Board, which shall require certification by the Director of Budget	8189
and Management that such proceeds are sufficient and available to	8190
fund the additional anticipated expenditures.	8191

Section 54. OBLIGATIONS ISSUED UNDER CHAPTER 151. OF THE	8192
REVISED CODE	8193

The capital improvements for which appropriations are made in	8194
this act from the Ohio Parks and Natural Resources Fund (Fund	8195
031), the School Building Program Assistance Fund (Fund 032), the	8196
Higher Education Improvement Fund (Fund 034), the Clean Ohio	8197
Conservation Fund (Fund 056), the Clean Ohio Agricultural Easement	8198
Fund (Fund 057), and the Clean Ohio Trail Fund (Fund 061) are	8199
determined to be capital improvements and capital facilities for	8200
natural resources, a statewide system of common schools,	8201
state-supported and state-assisted institutions of higher	8202
education, and conservation purposes (under the Clean Ohio	8203
Program) and are designated as capital facilities to which	8204
proceeds of obligations issued under Chapter 151. of the Revised	8205
Code are to be applied.	8206

Section 55. OBLIGATIONS ISSUED UNDER CHAPTER 152. OF THE	8207
REVISED CODE	8208

The capital improvements for which appropriations are made in	8209
this act from the Sports Facilities Building Fund (Fund 024), the	8210
Highway Safety Building Fund (Fund 025), the Administrative	8211
Building Fund (Fund 026), the Adult Correctional Building Fund	8212
(Fund 027), the Juvenile Correctional Building Fund (Fund 028),	8213
the Transportation Building Fund (Fund 029), and the Arts	8214
Facilities Building Fund (Fund 030) are determined to be capital	8215
improvements and capital facilities for housing state agencies and	8216
branches of state government and are designated as capital	8217
facilities to which proceeds of obligations issued under Chapter	8218
152. of the Revised Code are to be applied.	8219

Section 56. OBLIGATIONS ISSUED UNDER CHAPTER 154. OF THE	8220
REVISED CODE	8221

The capital improvements for which appropriations are made in	8222
this act from the Mental Health Facilities Improvement Fund (Fund	8223
033) and the Parks and Recreation Improvement Fund (Fund 035) are	8224
determined to be capital improvements and capital facilities for	8225
mental hygiene and retardation and parks and recreation and are	8226
designated as capital facilities to which proceeds of obligations	8227
issued under Chapter 154. of the Revised Code are to be applied.	8228

Section 57.  Upon the request of the agency to which a	8229
capital project appropriation item is appropriated, the Director	8230
of Budget and Management may transfer open encumbrance amounts	8231
between separate encumbrances for the project appropriation item	8232
to the extent that any reductions in encumbrances are agreed to by	8233
the contracting vendor and the agency.	8234

Section 58.  Any proceeds received by the state as the result	8235
of litigation or a settlement agreement related to any liability	8236
for the planning, design, engineering, construction, or	8237
constructed management of such facilities operated by the	8238
Department of Administrative Services shall be deposited into the	8239
Administrative Building Fund (Fund 026).	8240

Section 59. Sections 3 to 58 of this act shall remain in full	8241
force and effect commencing on July 1, 2004, and terminating on	8242
June 30, 2006, for the purpose of drawing money from the state	8243
treasury in payment of liabilities lawfully incurred hereunder,	8244
and on June 30, 2006, and not before, the moneys hereby	8245
appropriated shall lapse into the funds from which they are	8246
severally appropriated. If, under Section 1c of Article II, Ohio	8247
Constitution, Section 1c, Sections 3 to 58 of this act do not take	8248
effect until after July 1, 2004, Sections 3 to 58 of this act	8249
shall be and remain in full force and effect commencing on that	8250
later effective date.	8251

Section 60. (A) As used in this section, "design-build	8252
construction method" means a construction method that has both of	8253
the following characteristics:	8254

(1) An architecture firm and a contractor form a single	8255
entity that files a bid to construct a project and that, if	8256
awarded the contract to construct the project, agrees to a project	8257
price and completion date.	8258

(2) The entity described in division (A)(1) of this section	8259
assumes all of the financial risk if the project is delayed or	8260
exceeds the project price, and receives bonuses if the cost it	8261
incurs is less than the project price and it meets the	8262
construction target dates.	8263

(B) The Board of County Commissioners of Ashtabula County may	8264
construct, as a pilot project and by using the design-build	8265
construction method, a lodge and conference center at Geneva State	8266
Park on land leased from the Department of Natural Resources. In	8267
carrying out this pilot project, the Board and the Department are	8268
exempt from complying with any otherwise applicable provisions of	8269
Chapter 153. and sections 307.86 to 307.92 of the Revised Code.	8270

Section 61. That Sections 8.04, 12, 41.06, 41.13, 55, 59, 66,	8271
89.04, 89.05, 89.08, and 145 of Am. Sub. H.B. 95 of the 125th	8272
General Assembly be amended to read as follows:	8273

Sec. 8.04.  CENTRAL SERVICE AGENCY FUND

8274

The Director of Budget and Management may transfer up to	8275
$423,200 in fiscal year 2004 and up to $427,700 in fiscal year	8276
2005 from the Occupational Licensing and Regulatory Fund (Fund	8277
4K9) to the Central Service Agency Fund (Fund 115). The Director	8278
of Budget and Management may transfer up to $40,700 in fiscal year	8279
2004 and up to $41,200 in fiscal year 2005 from the State Medical	8280
Board Operating Fund (Fund 5C6) to the Central Service Agency Fund	8281
(Fund 115). The Director of Budget and Management may transfer up	8282
to $1,210 in fiscal year 2004 and up to $1,340 in fiscal year 2005	8283
from the Motor Vehicle Collision Repair Registration Fund (Fund	8284
5H9) to the Central Service Agency Fund (Fund 115). The	8285
appropriation item 100-632, Central Service Agency, shall be used	8286
to purchase the necessary equipment, products, and services to	8287
maintain a local area network for the professional licensing	8288
boards, and to support their licensing applications in fiscal	8289
years 2004 and 2005. The amount of the cash transfer is	8290
appropriated to appropriation item 100-632, Central Service	8291
Agency.	8292

Sec. 12.  AGR DEPARTMENT OF AGRICULTURE

8293

General Revenue Fund

8294

Federal Special Revenue Fund Group

8315

State Special Revenue Fund Group

8325

Clean Ohio Fund Group

8348

Holding Account Redistribution Fund Group

8351

ANIMAL DAMAGE CONTROL

8355

Of the foregoing appropriation item 700-405, Animal Damage	8356
Control, $50,000 shall be used in each fiscal year for coyote and	8357
black vulture indemnification.	8358

INTERNATIONAL TRADE AND MARKET DEVELOPMENT

8359

Of the foregoing appropriation item 700-411, International	8360
Trade and Market Development, $100,000 shall be used in fiscal	8361
year 2004 for the Ohio-Israel Agricultural Initiative.	8362

FAMILY FARM LOAN PROGRAM

8363

Notwithstanding Chapter 166. of the Revised Code, up to	8364
$1,500,000 in each fiscal year shall be transferred from moneys in	8365
the Facilities Establishment Fund (Fund 037) to the Family Farm	8366
Loan Fund (Fund 5H1) in the Department of Development. These	8367
moneys shall be used for loan guarantees. The transfer is subject	8368
to Controlling Board approval.	8369

Financial assistance from the Family Farm Loan Fund (Fund	8370
5H1) shall be repaid to Fund 5H1. This fund is established in	8371
accordance with sections 166.031, 901.80, 901.81, 901.82, and	8372
901.83 of the Revised Code.	8373

When the Family Farm Loan Fund (Fund 5H1) ceases to exist,	8374
all outstanding balances, all loan repayments, and any other	8375
outstanding obligations shall revert to the Facilities	8376
Establishment Fund (Fund 037).	8377

CLEAN OHIO AGRICULTURAL EASEMENT

8378

The foregoing appropriation item 700-632, Clean Ohio	8379
Agricultural Easement, shall be used by the Department of	8380
Agriculture in administering sections 901.21, 901.22, and 5301.67	8381
to 5301.70 of the Revised Code.	8382

FARM SERVICE ELECTRONIC FILING

8383

As soon as possible on or after July 1, 2003, the Director of	8384
Budget and Management shall make a one-time cash transfer of	8385
$60,000 from Fund 382, Cooperative Contracts, to Fund XXX, Farm	8386
Service Electronic Filing Fund, in fiscal year 2004. The Farm	8387
Service Electronic Filing Fund shall be administered by the	8388
Department of Agriculture.	8389

COOPERATIVE CONTRACTS

8390

The Director of Budget and Management shall transfer the cash	8391
balance as of the effective date of this amendment from Fund 5Y7,	8392
Farm Service Agency Electronic Filing Fund, to Fund 382,	8393
Cooperative Contracts. Encumbrances from appropriation item	8394
700-XXX, Farm Service Electronic Filing, shall be canceled and	8395
re-established in appropriation item 700-601, Cooperative	8396
Contracts. Those amounts are hereby appropriated. Fund 5Y7, Farm	8397
Service Agency Electronic Filing Fund, is hereby closed. The	8398
definition of Fund 382 is hereby expanded to include revenue from	8399
the United States Farm Service Agency. The use of the money is	8400
hereby expanded to include fees charged in advance by the	8401
Secretary of State for electronic filing related to Farm Service	8402
Agency agricultural loans.	8403

Sec. 41.06.  EDUCATION MANAGEMENT INFORMATION SYSTEM

8404

The foregoing appropriation item 200-446, Education	8405
Management Information System, shall be used by the Department of	8406
Education to improve the Education Management Information System	8407
(EMIS).	8408

Of the foregoing appropriation item 200-446, Education	8409
Management Information System, up to $1,295,857 in each fiscal	8410
year shall be distributed to designated data acquisition sites for	8411
costs relating to processing, storing, and transferring data for	8412
the effective operation of the EMIS. These costs may include, but	8413
are not limited to, personnel, hardware, software development,	8414
communications connectivity, professional development, and support	8415
services, and to provide services to participate in the State	8416
Education Technology Plan pursuant to section 3301.07 of the	8417
Revised Code.	8418

Of the foregoing appropriation item 200-446, Education	8419
Management Information System, up to $8,055,189 in each fiscal	8420
year shall be distributed on a per-pupil basis to school	8421
districts, community schools established under Chapter 3314. of	8422
the Revised Code, education service centers, joint vocational	8423
school districts, and any other education entity that reports data	8424
through EMIS. From this funding, each school district or community	8425
school established under Chapter 3314. of the Revised Code with	8426
enrollment greater than 100 students and each vocational school	8427
district shall receive a minimum of $5,000 in each fiscal year.	8428
Each school district or community school established under Chapter	8429
3314. of the Revised Code with enrollment between one and one	8430
hundred and each education service center and each county board of	8431
MR/DD that submits data through EMIS shall receive $3,000 in each	8432
fiscal year. This subsidy shall be used for costs relating to	8433
reporting, processing, storing, transferring, and exchanging data	8434
necessary to meet requirements of the Department of Education's	8435
data system.	8436

Of the foregoing appropriation item 200-446, Education	8437
Management Information System, $782,500 in each fiscal year shall	8438
be used by the Department of Education, in consultation with an	8439
advisory group of school districts, community schools, and other	8440
education-related entities, for the development and implementation	8441
of a common core of Education Management Information System data	8442
definitions and data format standards. Once these definitions and	8443
standards have been developed, they shall be approved by the	8444
Education Data Advisory Council. Once the standards are approved	8445
by the Education Data Advisory Council, any software meeting the	8446
standards shall be designated as an approved vendor and may enter	8447
into contracts with local school districts, community schools,	8448
data acquisition centers, or other educational entities for the	8449
purpose of collecting and managing data required under Ohio's	8450
education management information system (EMIS) laws. On an annual	8451
basis, the Department of Education shall convene an advisory group	8452
of school districts, community schools, and other	8453
education-related entities to review the Education Management	8454
Information System data definitions and data format standards. The	8455
advisory group shall recommend changes and enhancements based upon	8456
surveys of its members, education agencies in other states, and	8457
current industry practices, to reflect best practices, align with	8458
federal initiatives, and meet the needs of school districts.	8459

School districts and community schools shall implement a	8460
common and uniform set of data definitions and data format	8461
standards for Education Management Information System purposes by	8462
July 1, 2004. The Department of Education shall work with data	8463
acquisition sites and their member school districts and community	8464
schools to implement those uniform standards. School districts and	8465
community schools that do not adopt and implement the uniform data	8466
definitions and standards by July 1, 2004, as jointly determined	8467
by the Department of Education software development team and the	8468
advisory group shall have all EMIS funding withheld until they are	8469
in compliance.	8470

GED TESTING/ADULT HIGH SCHOOL

8471

The foregoing appropriation item 200-447, GED Testing/Adult	8472
High School, shall be used to provide General Educational	8473
Development (GED) testing at no cost to applicants, pursuant to	8474
rules adopted by the State Board of Education. The Department of	8475
Education shall reimburse school districts and community schools,	8476
created in accordance with Chapter 3314. of the Revised Code, for	8477
a portion of the costs incurred in providing summer instructional	8478
or intervention services to students who have not graduated due to	8479
their inability to pass one or more parts of the state's ninth	8480
grade proficiency test. School districts shall also provide such	8481
services to students who are residents of the district pursuant to	8482
section 3313.64 of the Revised Code, but who are enrolled in	8483
chartered, nonpublic schools. The services shall be provided in	8484
the public school, in nonpublic schools, in public centers, or in	8485
mobile units located on or off the nonpublic school premises. No	8486
school district shall provide summer instructional or intervention	8487
services to nonpublic school students as authorized by this	8488
section unless such services are available to students attending	8489
the public schools within the district. No school district shall	8490
provide services for use in religious courses, devotional	8491
exercises, religious training, or any other religious activity.	8492
Chartered, nonpublic schools shall pay for any unreimbursed costs	8493
incurred by school districts for providing summer instruction or	8494
intervention services to students enrolled in chartered, nonpublic	8495
schools. School districts may provide these services to students	8496
directly or contract with postsecondary or nonprofit	8497
community-based institutions in providing instruction. The	8498
appropriation also shall be used for state reimbursement to school	8499
districts for adult high school continuing education programs	8500
pursuant to section 3313.531 of the Revised Code or for costs	8501
associated with awarding adult high school diplomas under section	8502
3313.611 of the Revised Code.	8503

EDUCATOR PREPARATION

8504

The foregoing appropriation item 200-448, Educator	8505
Preparation, shall be used by the Ohio Teacher Education and	8506
Licensure Advisory Commission to carry out the responsibilities of	8507
the 21-member Ohio Teacher Education and Licensure Advisory	8508
Commission. The advisory commission is charged by the State Board	8509
of Education with considering all matters related to educator	8510
preparation and licensure, including standards for educator	8511
preparation and licensure, approval of institutions and programs,	8512
and recommending decisions to the State Board of Education.	8513

TITLE IV-A HEAD START AND TITLE IV-A HEAD START PLUS START UP

8514

The foregoing appropriation item 200-449, Head Start/Head	8515
Start Plus Start Up, shall be used to provide start up grants for	8516
Title IV-A reimbursable funding for the provision of services to	8517
children eligible for Title IV-A services. In fiscal year 2004,	8518
these grants shall be provided to Title IV-A Head Start agencies.	8519
In fiscal year 2005, these grants shall be provided to Title IV-A	8520
Head Start agencies and Title IV-A Head Start Plus agencies. The	8521
amount of each grant shall be determined by the Department of	8522
Education. In fiscal year 2005, up to $100,000 may be used by the	8523
Department of Education to provide associated program support and	8524
technical assistance. Funds appropriated for this purpose shall be	8525
reimbursed to the General Revenue Fund when the Title IV-A Head	8526
Start or Title IV-A Head Start Plus programs cease or are no	8527
longer funded from Title IV-A. If one program ceases or is no	8528
longer funded with Title IV-A funds, the General Revenue Fund will	8529
be reimbursed for that program.	8530

If a Title IV-A Head Start agency or Title IV-A Head Start	8531
Plus agency chooses not to participate in the program or if the	8532
Department orof Education suspends or terminates part or all of	8533
its funding, reimbursement owed to the grantee shall be held by	8534
the Department of Education up to the amount of the grant owed by	8535
the grantee. If insufficient reimbursement is available to recover	8536
the amount owed by the grantee, the grantee shall return the	8537
remaining balance within 60 days of the date of the decision not	8538
to participate, the suspension, or the termination. Funding	8539
recovered from such grantees shall be used by the Department of	8540
Education for supplying grants to new grantees for Title IV-A	8541
reimbursable funding for provision of services to children	8542
eligible for Title IV-A services. Any funding remaining when the	8543
Title IV-A Head Start and the Title IV-A Head Start Plus programs	8544
cease or are no longer funded with Title IV-A funds shall be	8545
returned to the General Revenue Fund.	8546

The Title IV-A Head Start Plus agency that is receiving funds	8547
to operate a Head Start program in accordance with section 3301.35	8548
of the Revised Code shall provide the program through contracts	8549
with child care providers licensed or certified in accordance with	8550
Chapter 5104. of the Revised Code. If a licensed or certified	8551
child care provider is not in operation or willing to participate	8552
and if eligible families are in need of full-day and full-year	8553
Head Start and child care services, the Title IV-A Head Start Plus	8554
agency may be the sole source provider.	8555

TEACHING SUCCESS COMMISSION INITIATIVES

8556

The foregoing appropriation item 200-452, Teaching Success	8557
Commission Initiatives, shall be used by the Department of	8558
Education to support initiatives recommended by the Governor's	8559
Commission on Teaching Success.	8560

COMMUNITY SCHOOLS

8561

Of the foregoing appropriation item 200-455, Community	8562
Schools, up to $1,308,661 in each fiscal year may be used by the	8563
Department of Education for additional services and	8564
responsibilities under section 3314.11 of the Revised Code.	8565

Of the foregoing appropriation item 200-455, Community	8566
Schools, up to $250,000 in each fiscal year may be used by the	8567
Department of Education for developing and conducting training	8568
sessions for sponsors and prospective sponsors of community	8569
schools as prescribed in division (A)(1) of section 3314.015 of	8570
the Revised Code. In developing such training sessions, the	8571
Department shall collect and disseminate examples of best	8572
practices used by sponsors of independent charter schools in Ohio	8573
and other states.	8574

The remaining appropriation may be used by the Department of	8575
Education to make grants of up to $50,000 to each proposing group	8576
with a preliminary agreement obtained under division (C)(2) of	8577
section 3314.02 of the Revised Code in order to defray planning	8578
and initial start-up costs. In the first year of operation of a	8579
community school, the Department of Education may make a grant of	8580
not more than $100,000 to the governing authority of the school to	8581
partially defray additional start-up costs. The amount of the	8582
grant shall be based on a thorough examination of the needs of the	8583
community school. The Department of Education shall not utilize	8584
moneys received under this section for any other purpose other	8585
than those specified under this section.	8586

A community school awarded start-up grants from appropriation	8587
item 200-613, Public Charter Schools (Fund 3T4), shall not be	8588
eligible for grants under this section.	8589

Sec. 41.13. SPECIAL EDUCATION ENHANCEMENTS

8590

Of the foregoing appropriation item 200-540, Special	8591
Education Enhancements, up to $44,204,000 in fiscal year 2004 and	8592
up to $45,441,712 in fiscal year 2005 shall be used to fund	8593
special education and related services at county boards of mental	8594
retardation and developmental disabilities for eligible students	8595
under section 3317.20 of the Revised Code. Up to $2,452,125 shall	8596
be used in each fiscal year to fund special education classroom	8597
and related services units at institutions.	8598

Of the foregoing appropriation item 200-540, Special	8599
Education Enhancements, up to $2,906,875 in each fiscal year shall	8600
be used for home instruction for children with disabilities; up to	8601
$1,462,500 in each fiscal year shall be used for parent mentoring	8602
programs; and up to $2,783,396 in each fiscal year may be used for	8603
school psychology interns.	8604

Of the foregoing appropriation item 200-540, Special	8605
Education Enhancements, $3,406,090 in each fiscal year shall be	8606
used by the Department of Education to assist school districts in	8607
funding aides pursuant to paragraph (A)(3)(c)(i)(b) of rule	8608
3301-51-04 of the Administrative Code.	8609

Of the foregoing appropriation item 200-540, Special	8610
Education Enhancements, $78,384,498 in each fiscal year shall be	8611
distributed by the Department of Education to county boards of	8612
mental retardation and developmental disabilities, educational	8613
service centers, and school districts for preschool special	8614
education units and preschool supervisory units in accordance with	8615
section 3317.161 of the Revised Code. The departmentDepartment	8616
may reimburse county boards of mental retardation and	8617
developmental disabilities, educational service centers, and	8618
school districts for related services as defined in rule	8619
3301-31-053301-51-11 of the Administrative Code, for preschool	8620
occupational and physical therapy services provided by a physical	8621
therapy assistant and certified occupational therapy assistant,	8622
and for an instructional assistant. To the greatest extent	8623
possible, the Department of Education shall allocate these units	8624
to school districts and educational service centers. The	8625
Controlling Board may approve the transfer of unallocated funds	8626
from appropriation item 200-501, Base Cost Funding, to	8627
appropriation item 200-540, Special Education Enhancements, to	8628
fully fund existing units as necessary or to fully fund additional	8629
units. The Controlling Board may approve the transfer of	8630
unallocated funds from appropriation item 200-540, Special	8631
Education Enhancements, to appropriation item 200-501, Base Cost	8632
Funding, to fully fund the special education weight cost funding.	8633

The Department of Education shall require school districts,	8634
educational service centers, and county MR/DD boards serving	8635
preschool children with disabilities to document child progress	8636
using research-based indicators prescribed by the Department and	8637
report results annually. The reporting dates and methodology shall	8638
be determined by the Department.	8639

Of the foregoing appropriation item 200-540, Special	8640
Education Enhancements, $315,000 in each fiscal year shall be	8641
expended to conduct a demonstration project involving language and	8642
literacy intervention teams supporting student acquisition of	8643
language and literacy skills. The demonstration project shall	8644
demonstrate improvement of language and literacy skills of at-risk	8645
learners under the instruction of certified speech pathologists	8646
and educators. Baseline data shall be collected and comparison	8647
data for fiscal year 2004 and fiscal year 2005 shall be collected	8648
and reported to the Governor, Ohio ReadsOhioReads Council,	8649
Department of Education, and the General Assembly.	8650

Of the foregoing appropriation item 200-540, Special	8651
Education Enhancements, up to $500,000 in each fiscal year shall	8652
be used for the Research-Based Reading Mentoring Program.	8653

Of the foregoing appropriation item 200-540, Special	8654
Education Enhancements, $600,000 in each fiscal year shall be used	8655
to support the Bellefaire Jewish Children's Bureau.	8656

Sec. 55. OHS OHIO HISTORICAL SOCIETY

8657

General Revenue Fund

8658

SUBSIDY APPROPRIATION

8669

Upon approval by the Director of Budget and Management, the	8670
foregoing appropriation items shall be released to the Ohio	8671
Historical Society in quarterly amounts that in total do not	8672
exceed the annual appropriations. The funds and fiscal records of	8673
the society for fiscal years 2004 and 2005 shall be examined by	8674
independent certified public accountants approved by the Auditor	8675
of State, and a copy of the audited financial statements shall be	8676
filed with the Office of Budget and Management. The society shall	8677
prepare and submit to the Office of Budget and Management the	8678
following:	8679

(A) An estimated operating budget for each fiscal year of the	8680
biennium. The operating budget shall be submitted at or near the	8681
beginning of each year.	8682

(B) Financial reports, indicating actual receipts and	8683
expenditures for the fiscal year to date. These reports shall be	8684
filed at least semiannually during the fiscal biennium.	8685

The foregoing appropriations shall be considered to be the	8686
contractual consideration provided by the state to support the	8687
state's offer to contract with the Ohio Historical Society under	8688
section 149.30 of the Revised Code. If the Ohio Historical Society	8689
accepts this contractual offer, the society may not, during fiscal	8690
year 2004 or 2005, close any of the sites operated by the society	8691
as of the effective date of this section.	8692

Not later than May 15, 2004, the Ohio Historical Society	8693
shall submit to the Controlling Board a plan for the	8694
implementation of the recommendations of the Select Committee to	8695
Study the Effectiveness of Ohio's Historical Programs and	8696
Partnerships. No appropriations to the society for fiscal year	8697
2005 may be expended without prior approval of the implementation	8698
plan by the Controlling Board.	8699

HAYES PRESIDENTIAL CENTER

8700

If a United States government agency, including, but not	8701
limited to, the National Park Service, chooses to take over the	8702
operations or maintenance of the Hayes Presidential Center, in	8703
whole or in part, the Ohio Historical Society shall make	8704
arrangements with the National Park Service or other United States	8705
government agency for the efficient transfer of operations or	8706
maintenance.	8707

HISTORICAL GRANTS

8708

Of the foregoing appropriation item 360-508, Historical	8709
Grants, $91,667$100,000 in each fiscal year 2004 and $88,571 in	8710
fiscal year 2005 shall be distributed to the Hebrew Union College	8711
in Cincinnati for the Center for Holocaust and Humanity Education,	8712
$137,500$150,000 in fiscal year 2004 shall be distributed to the	8713
National Underground Railroad Freedom Center in Cincinnati,	8714
$229,167$250,000 in each fiscal year 2004 and $221,430 in fiscal	8715
year 2005 shall be distributed to the Great Lakes Historical	8716
Society in Vermilion, $733,333$800,000 in each fiscal year 2004	8717
and $708,571 in fiscal year 2005 shall be distributed to the	8718
Western Reserve Historical Society in Cleveland, $458,333$500,000	8719
in fiscal year 2004 shall be distributed to the Village of	8720
Dennison for the Historical Center Street District, $91,667	8721
$100,000 in each fiscal year 2004 and $88,571 in fiscal year 2005	8722
shall be distributed to the Harbor Heritage Society Steamship	8723
Mather in Cleveland, and $458,333$500,000 in each fiscal year	8724
2004 and $442,857 in fiscal year 2005 shall be distributed to the	8725
Cincinnati Museum Center.	8726

OHIO BICENTENNIAL COMMISSION ROYALTIES

8727

Notwithstanding any previous arrangement to the contrary, the	8728
Ohio Bicentennial Commission shall keep the first $100,000 in	8729
earned royalties associated with the Ohio Bicentennial logo during	8730
the 2004-2005 biennium. This $100,000 shall be used to cover the	8731
operating expenses of the Ohio Bicentennial Commission in fiscal	8732
year 2005. The remaining moneys collected from royalties	8733
associated with the Ohio Bicentennial logo shall be deposited into	8734
the General Revenue Fund, of which $350,000 shall be distributed	8735
to the Ohio Historical Society for use in appropriation item	8736
360-403, Adena - Worthington Home.	8737

Sec. 59.  JFS DEPARTMENT OF JOB AND FAMILY SERVICES

8738

General Revenue Fund

8739

General Services Fund Group

8777

Federal Special Revenue Fund Group

8785

State Special Revenue Fund Group

8812

Agency Fund Group

8834

Holding Account Redistribution Fund Group

8839

Sec. 66.  LIB STATE LIBRARY BOARD

8845

General Revenue Fund

8846

General Services Fund Group

8854

Federal Special Revenue Fund Group

8860

OHIOANA RENTAL PAYMENTS

8865

The foregoing appropriation item 350-401, Ohioana Rental	8866
Payments, shall be used to pay the rental expenses of the Martha	8867
Kinney Cooper Ohioana Library Association pursuant to section	8868
3375.61 of the Revised Code.	8869

CINCINNATI PUBLIC LIBRARY

8870

The foregoing appropriation item 350-501, Cincinnati Public	8871
Library, shall be used for the Talking Book program, which assists	8872
the blind and disabled.	8873

REGIONAL LIBRARY SYSTEMS

8874

The foregoing appropriation item 350-502, Regional Library	8875
Systems, shall be used to support regional library systems	8876
eligible for funding under sectionsections 3375.83 and 3375.90 of	8877
the Revised Code.	8878

CLEVELAND PUBLIC LIBRARY

8879

The foregoing appropriation item 350-503, Cleveland Public	8880
Library, shall be used for the Talking Book program, which assists	8881
the blind and disabled.	8882

OHIO PUBLIC LIBRARY INFORMATION NETWORK

8883

The foregoing appropriation items 350-604, OPLIN Technology,	8884
and, in fiscal year 2005, 350-400, Ohio Public Library Information	8885
Network, shall be used for an information telecommunications	8886
network linking public libraries in the state and such others as	8887
may be certified as participants by the Ohio Public Library	8888
Information Network Board.	8889

The Ohio Public Library Information Network Board shall	8890
consist of eleven members appointed by the State Library Board	8891
from among the staff of public libraries and past and present	8892
members of boards of trustees of public libraries, based on the	8893
recommendations of the Ohio library community. The Ohio Public	8894
Library Information Network Board, in consultation with the State	8895
Library, shall develop a plan of operations for the network. The	8896
board may make decisions regarding use of the foregoing OPLIN	8897
appropriation items 350-400 and 350-604 and may receive and expend	8898
grants to carry out the operations of the network in accordance	8899
with state law and the authority to appoint and fix the	8900
compensation of a director and necessary staff. The State Library	8901
shall be the fiscal agent for the network and shall have fiscal	8902
accountability for the expenditure of funds. The Ohio Public	8903
Library Information Network Board members shall be reimbursed for	8904
actual travel and necessary expenses incurred in carrying out	8905
their responsibilities.	8906

In order to limit access to obscene and illegal materials	8907
through internet use at Ohio Public Library Information Network	8908
(OPLIN) terminals, local libraries with OPLIN computer terminals	8909
shall adopt policies that control access to obscene and illegal	8910
materials. These policies may include use of technological systems	8911
to select or block certain internet access. The OPLIN shall	8912
condition provision of its funds, goods, and services on	8913
compliance with these policies. The OPLIN Board shall also adopt	8914
and communicate specific recommendations to local libraries on	8915
methods to control such improper usage. These methods may include	8916
each library implementing a written policy controlling such	8917
improper use of library terminals and requirements for parental	8918
involvement or written authorization for juvenile internet usage.	8919

The OPLIN Board shall research and assist or advise local	8920
libraries with regard to emerging technologies and methods that	8921
may be effective means to control access to obscene and illegal	8922
materials. The OPLIN Executive Director shall biannually provide	8923
written reports to the Governor, the Speaker and Minority Leader	8924
of the House of Representatives, and the President and Minority	8925
Leader of the Senate on any steps being taken by OPLIN and public	8926
libraries in the state to limit and control such improper usage as	8927
well as information on technological, legal, and law enforcement	8928
trends nationally and internationally affecting this area of	8929
public access and service.	8930

The Ohio Public Library Information Network, InfOhio, and	8931
OhioLink shall, to the extent feasible, coordinate and cooperate	8932
in their purchase or other acquisition of the use of electronic	8933
databases for their respective users and shall contribute funds in	8934
an equitable manner to such effort.	8935

TRANSFER TO OPLIN TECHNOLOGY FUND

8936

Notwithstanding sections 5747.03 and 5747.47 of the Revised	8937
Code and any other provision of law to the contrary, in accordance	8938
with a schedule established by the Director of Budget and	8939
Management, the Director of Budget and Management shall transfer	8940
up to $5,000,000 in fiscal year 2004 from the Library and Local	8941
Government Support Fund (Fund 065) to the OPLIN Technology Fund	8942
(Fund 4S4).	8943

Sec. 89.04. STATE SHARE OF INSTRUCTION

8944

As soon as practicable during each fiscal year of the	8945
2003-2005 biennium in accordance with instructions of the Board of	8946
Regents, each state-assisted institution of higher education shall	8947
report its actual enrollment to the Board of Regents.	8948

The Board of Regents shall establish procedures required by	8949
the system of formulas set out below and for the assignment of	8950
individual institutions to categories described in the formulas.	8951
The system of formulas establishes the manner in which aggregate	8952
expenditure requirements shall be determined for each of the three	8953
components of institutional operations. In addition to other	8954
adjustments and calculations described below, the subsidy	8955
entitlement of an institution shall be determined by subtracting	8956
from the institution's aggregate expenditure requirements income	8957
to be derived from the local contributions assumed in calculating	8958
the subsidy entitlements. The local contributions for purposes of	8959
determining subsidy support shall not limit the authority of the	8960
individual boards of trustees to establish fee levels.	8961

The General Studies and Technical models shall be adjusted by	8962
the Board of Regents so that the share of state subsidy earned by	8963
those models is not altered by changes in the overall local share.	8964
A lower-division fee differential shall be used to maintain the	8965
relationship that would have occurred between these models and the	8966
baccalaureate models had an assumed share of 37 per cent been	8967
funded.	8968

In defining the number of full-time equivalent (FTE) students	8969
for state subsidy purposes, the Board of Regents shall exclude all	8970
undergraduate students who are not residents of Ohio, except those	8971
charged in-state fees in accordance with reciprocity agreements	8972
made pursuant to section 3333.17 of the Revised Code or employer	8973
contracts entered into pursuant to section 3333.32 of the Revised	8974
Code.	8975

(A) AGGREGATE EXPENDITURE PER FULL-TIME EQUIVALENT STUDENT

8976

(1) INSTRUCTION AND SUPPORT SERVICES

8977

(2) STUDENT SERVICES

8993

For this purpose, FTE counts shall be weighted to reflect	8994
differences among institutions in the numbers of students enrolled	8995
on a part-time basis. The student services subsidy per FTE shall	8996
be $822 in fiscal year 2004 and $903 in fiscal year 2005 for all	8997
models.	8998

(B) PLANT OPERATION AND MAINTENANCE (POM)

8999

(1) DETERMINATION OF THE SQUARE-FOOT-BASED POM SUBSIDY

9000

Space undergoing renovation shall be funded at the rate	9001
allowed for storage space.	9002

In the calculation of square footage for each campus, square	9003
footage shall be weighted to reflect differences in space	9004
utilization.	9005

The space inventories for each campus shall be those	9006
determined in the fiscal year 2003 state share of instruction	9007
calculation, adjusted for changes attributable to the construction	9008
or renovation of facilities for which state appropriations were	9009
made or local commitments were made prior to January 1, 1995.	9010

Only 50 per cent of the space permanently taken out of	9011
operation in fiscal year 2004 or fiscal year 2005 that is not	9012
otherwise replaced by a campus shall be deleted from the plant	9013
operation and maintenance space inventory.	9014

The square-foot-based plant operation and maintenance subsidy	9015
for each campus shall be determined as follows:	9016

(a) For each standard room type category shown below, the	9017
subsidy-eligible net assignable square feet (NASF) for each campus	9018
shall be multiplied by the following rates, and the amounts summed	9019
for each campus to determine the total gross square-foot-based POM	9020
expenditure requirement:	9021

(b) The total gross square-foot POM expenditure requirement	9030
shall be allocated to models in proportion to FTE enrollments as	9031
reported in enrollment dataeach campus's activity-based POM	9032
weight multiplied by the two- or five-year average	9033
subsidy-eligible FTEs for all models except Doctoral I and	9034
Doctoral II.	9035

(c) The amounts allocated to models in division (B)(1)(b) of	9036
this section shall be multiplied by the ratio of subsidy-eligible	9037
FTE students to total FTE students reported in each model, and the	9038
amounts summed for all models. To this total amount shall be added	9039
an amount to support roads and grounds expenditures, which shall	9040
also be multiplied by the ratio of subsidy-eligible FTE students	9041
to total FTEs reported for each model. From this total amount, the	9042
amounts for Doctoral I and Doctoral II shall be subtracted to	9043
produce the total square-foot-based POM subsidy.	9044

(2) DETERMINATION OF THE ACTIVITY-BASED POM SUBSIDY

9045

(a) The number of subsidy-eligible FTE students in each model	9046
shall be multiplied by the following rates for each campus for	9047
each fiscal year.	9048

(b) The sum of the products for each campus determined in	9064
division (B)(2)(a) of this section for all models except Doctoral	9065
I and Doctoral II for each fiscal year shall be weighted by a	9066
factor to reflect sponsored research activity and job	9067
training-related public services expenditures to determine the	9068
total activity-based POM subsidy.	9069

(C) CALCULATION OF CORE SUBSIDY ENTITLEMENTS AND ADJUSTMENTS

9070

(1) CALCULATION OF CORE SUBSIDY ENTITLEMENTS

9071

The calculation of the core subsidy entitlement shall consist	9072
of the following components:	9073

(a) For each campus and for each fiscal year, the core	9074
subsidy entitlement shall be determined by multiplying the amounts	9075
listed above in divisions (A)(1) and (2) and (B)(2) of this	9076
section less assumed local contributions, by (i) average	9077
subsidy-eligible FTEs for the two-year period ending in the prior	9078
year for all models except Doctoral I and Doctoral II; and (ii)	9079
average subsidy-eligible FTEs for the five-year period ending in	9080
the prior year for all models except Doctoral I and Doctoral II.	9081

(b) In calculating the core subsidy entitlements for Medical	9082
II models only, the Board of Regents shall use the following count	9083
of FTE students:	9084

(i) For those medical schools whose current year enrollment,	9085
including students repeating terms, is below the base enrollment,	9086
the Medical II FTE enrollment shall equal: 65 per cent of the base	9087
enrollment plus 35 per cent of the current year enrollment	9088
including students repeating terms, where the base enrollment is:	9089

(ii) For those medical schools whose current year enrollment,	9096
excluding students repeating terms, is equal to or greater than	9097
the base enrollment, the Medical II FTE enrollment shall equal the	9098
base enrollment plus the FTE for repeating students.	9099

(iii) Students repeating terms may be no more than five per	9100
cent of current year enrollment.	9101

(c) The Board of Regents shall compute the sum of the two	9102
calculations listed in division (C)(1)(a) of this section and use	9103
the greater sum as the core subsidy entitlement.	9104

The POM subsidy for each campus shall equal the greater of	9105
the square-foot-based subsidy or the activity-based POM subsidy	9106
component of the core subsidy entitlement.	9107

(d) The state share of instruction provided for doctoral	9108
students shall be based on a fixed percentage of the total	9109
appropriation. In each fiscal year of the biennium not more than	9110
10.34 per cent of the total state share of instruction shall be	9111
reserved to implement the recommendations of the Graduate Funding	9112
Commission. It is the intent of the General Assembly that the	9113
doctoral reserve not exceed 10.34 per cent of the total state	9114
share of instruction to implement the recommendations of the	9115
Graduate Funding Commission. The Board of Regents may reallocate	9116
up to two per cent in each fiscal year of the reserve among the	9117
state-assisted universities on the basis of a quality review as	9118
specified in the recommendations of the Graduate Funding	9119
Commission. No such reallocation shall occur unless the Board of	9120
Regents, in consultation with representatives of state-assisted	9121
universities, determines that sufficient funds are available for	9122
this purpose.	9123

The amount so reserved shall be allocated to universities in	9124
proportion to their share of the total number of Doctoral I	9125
equivalent FTEs as calculated on an institutional basis using the	9126
greater of the two-year or five-year FTEs for the period fiscal	9127
year 1994 through fiscal year 1998 with annualized FTEs for fiscal	9128
years 1994 through 1997 and all-term FTEs for fiscal year 1998 as	9129
adjusted to reflect the effects of doctoral review and subsequent	9130
changes in Doctoral I equivalent enrollments. For the purposes of	9131
this calculation, Doctoral I equivalent FTEs shall equal the sum	9132
of Doctoral I FTEs plus 1.5 times the sum of Doctoral II FTEs.	9133

(2) ANNUAL STATE SHARE OF INSTRUCTION FUNDING GUARANTEE

9134

In addition to and after the other adjustment noted above, in	9135
fiscal year 2004, no campus shall receive a state share of	9136
instruction allocation that is less than 100 per cent of the prior	9137
year's state share of instruction amount. In fiscal year 2005, no	9138
campus shall receive a state share of instruction allocation that	9139
is less than 99 per cent of what that campus' state share of	9140
instruction would have been had the allocation in fiscal year 2004	9141
been not less than 99 per cent, rather than 100 per cent, of the	9142
prior year's state share of instruction amount.	9143

(3) CAPITAL COMPONENT DEDUCTION

9144

After all other adjustments have been made, state share of	9145
instruction earnings shall be reduced for each campus by the	9146
amount, if any, by which debt service charged in Am. H.B. No. 748	9147
of the 121st General Assembly, Am. Sub. H.B. No. 850 of the 122nd	9148
General Assembly, Am. H.B. No. 640 of the 123rd General Assembly,	9149
and H.B. No. 675 of the 124th General Assembly for that campus	9150
exceeds that campus's capital component earnings. The sum of the	9151
amounts deducted shall be transferred to appropriation item	9152
235-552, Capital Component, in each fiscal year.	9153

(D) REDUCTIONS IN EARNINGS

9154

If the total state share of instruction earnings in any	9155
fiscal year exceed the total appropriations available for such	9156
purposes, the Board of Regents shall proportionately reduce the	9157
state share of instruction earnings for all campuses by a uniform	9158
percentage so that the system wide sum equals available	9159
appropriations.	9160

(E) EXCEPTIONAL CIRCUMSTANCES

9161

Adjustments may be made to the state share of instruction	9162
payments and other subsidies distributed by the Board of Regents	9163
to state-assisted colleges and universities for exceptional	9164
circumstances. No adjustments for exceptional circumstances may be	9165
made without the recommendation of the Chancellor and the approval	9166
of the Controlling Board.	9167

(F) MID-YEAR APPROPRIATION REDUCTIONS TO THE STATE SHARE OF	9168
INSTRUCTION	9169

The standard provisions of the state share of instruction	9170
calculation as described in the preceding sections of temporary	9171
law shall apply to any reductions made to appropriation line item	9172
235-501, State Share of Instruction, before the Board of Regents	9173
has formally approved the final allocation of the state share of	9174
instruction funds for any fiscal year.	9175

Any reductions made to appropriation line item 235-501, State	9176
Share of Instruction, after the Board of Regents has formally	9177
approved the final allocation of the state share of instruction	9178
funds for any fiscal year, shall be uniformly applied to each	9179
campus in proportion to its share of the final allocation.	9180

(G) DISTRIBUTION OF STATE SHARE OF INSTRUCTION

9181

The state share of instruction payments to the institutions	9182
shall be in substantially equal monthly amounts during the fiscal	9183
year, unless otherwise determined by the Director of Budget and	9184
Management pursuant to section 126.09 of the Revised Code.	9185
Payments during the first six months of the fiscal year shall be	9186
based upon the state share of instruction appropriation estimates	9187
made for the various institutions of higher education according to	9188
Board of Regents enrollment estimates. Payments during the last	9189
six months of the fiscal year shall be distributed after approval	9190
of the Controlling Board upon the request of the Board of Regents.	9191

(H) LAW SCHOOL SUBSIDY

9192

The state share of instruction to state-supported	9193
universities for students enrolled in law schools in fiscal year	9194
2004 and fiscal year 2005 shall be calculated by using the number	9195
of subsidy-eligible FTE law school students funded by state	9196
subsidy in fiscal year 1995 or the actual number of	9197
subsidy-eligible FTE law school students at the institution in the	9198
fiscal year, whichever is less.	9199

Sec. 89.05.  HIGHER EDUCATION - BOARD OF TRUSTEES

9200

Funds appropriated for instructional subsidies at colleges	9201
and universities may be used to provide such branch or other	9202
off-campus undergraduate courses of study and such master's degree	9203
courses of study as may be approved by the Board of Regents.	9204

In providing instructional and other services to students,	9205
boards of trustees of state-assisted institutions of higher	9206
education shall supplement state subsidies by income from charges	9207
to students. Each board shall establish the fees to be charged to	9208
all students, including an instructional fee for educational and	9209
associated operational support of the institution and a general	9210
fee for noninstructional services, including locally financed	9211
student services facilities used for the benefit of enrolled	9212
students. The instructional fee and the general fee shall	9213
encompass all charges for services assessed uniformly to all	9214
enrolled students. Each board may also establish special purpose	9215
fees, service charges, and fines as required; such special purpose	9216
fees and service charges shall be for services or benefits	9217
furnished individual students or specific categories of students	9218
and shall not be applied uniformly to all enrolled students.	9219
Except for the board of trustees of Miami University, in	9220
implementing the pilot tuition restructuring plan recognized by	9221
this act, a tuition surcharge shall be paid by all students who	9222
are not residents of Ohio.	9223

The boards of trustees of individual state-assisted	9224
universities, university branch campuses, community colleges,	9225
state community colleges, and technical colleges shall limit	9226
in-state undergraduate instructional and general fee increases for	9227
an academic year over the amounts charged in the prior academic	9228
year to no more than six per cent. In addition to the six per cent	9229
main campus in-state undergraduate instructional and general fee	9230
increase limit established in this section, the Board of Trustees	9231
of The Ohio State University may authorize an additional	9232
university main campus in-state undergraduate instructional and	9233
general fee increase of three per cent for academic years	9234
2003-2004 and 2004-2005. Except for the board of trustees of the	9235
The Ohio State University, the boards of trustees of individual	9236
state-assisted universities, university branch campuses, community	9237
colleges, state community colleges, and technical colleges shall	9238
not authorize combined instructional and general fee increases of	9239
more than six per cent in a single vote. The board of trustees of	9240
The Ohio State University shall not authorize combined	9241
instructional and general fee increases of more than nine per cent	9242
in a single vote. The boards of trustees of individual	9243
state-assisted universities, university branch campuses, community	9244
colleges, state community colleges, and technical colleges may	9245
authorize an additional 3.9 per cent increase in in-state	9246
undergraduate instructional and general fees in a separate vote.	9247
The additional increase shall only be used for providing	9248
scholarships to low-income students, to be known as Access	9249
Scholarship Grants, or to provide additional or improved	9250
technology services to students. These fee increase limitations	9251
apply even if an institutional board of trustees has, prior to the	9252
effective date of this section, voted to assess a higher fee for	9253
the 2003-2004 academic year. These limitations shall not apply to	9254
increases required to comply with institutional covenants related	9255
to their obligations or to meet unfunded legal mandates or legally	9256
binding obligations incurred or commitments made prior to the	9257
effective date of this actAm. Sub. H.B. 95 of the 125th General	9258
Assembly with respect to which the institution had identified such	9259
fee increases as the source of funds. Any increase required by	9260
such covenants and any such mandates, obligations, or commitments	9261
shall be reported by the Board of Regents to the Controlling	9262
Board. These limitations may also be modified by the Board of	9263
Regents, with the approval of the Controlling Board, to respond to	9264
exceptional circumstances as identified by the Board of Regents.	9265

The board of trustees of a state-assisted institution of	9266
higher education shall not authorize a waiver or nonpayment of	9267
instructional fees or general fees for any particular student or	9268
any class of students other than waivers specifically authorized	9269
by law or approved by the Chancellor. This prohibition is not	9270
intended to limit the authority of boards of trustees to provide	9271
for payments to students for services rendered the institution,	9272
nor to prohibit the budgeting of income for staff benefits or for	9273
student assistance in the form of payment of such instructional	9274
and general fees. This prohibition is not intended to limit the	9275
authority of the board of trustees of Miami University in	9276
providing financial assistance to students in implementing the	9277
pilot tuition restructuring plan recognized by this act.	9278

Except for Miami University, in implementing the pilot	9279
tuition restructuring plan recognized by this act, each	9280
state-assisted institution of higher education in its statement of	9281
charges to students shall separately identify the instructional	9282
fee, the general fee, the tuition charge, and the tuition	9283
surcharge. Fee charges to students for instruction shall not be	9284
considered to be a price of service but shall be considered to be	9285
an integral part of the state government financing program in	9286
support of higher educational opportunity for students.	9287

In providing the appropriations in support of instructional	9288
services at state-assisted institutions of higher education and	9289
the appropriations for other instruction it is the intent of the	9290
General Assembly that faculty members shall devote a proper and	9291
judicious part of their work week to the actual instruction of	9292
students. Total class credit hours of production per quarter per	9293
full-time faculty member is expected to meet the standards set	9294
forth in the budget data submitted by the Board of Regents.	9295

The authority of government vested by law in the boards of	9296
trustees of state-assisted institutions of higher education shall	9297
in fact be exercised by those boards. Boards of trustees may	9298
consult extensively with appropriate student and faculty groups.	9299
Administrative decisions about the utilization of available	9300
resources, about organizational structure, about disciplinary	9301
procedure, about the operation and staffing of all auxiliary	9302
facilities, and about administrative personnel shall be the	9303
exclusive prerogative of boards of trustees. Any delegation of	9304
authority by a board of trustees in other areas of responsibility	9305
shall be accompanied by appropriate standards of guidance	9306
concerning expected objectives in the exercise of such delegated	9307
authority and shall be accompanied by periodic review of the	9308
exercise of this delegated authority to the end that the public	9309
interest, in contrast to any institutional or special interest,	9310
shall be served.	9311

The General Assembly recognizes the pilot tuition	9312
restructuring plan of the board of trustees of Miami University	9313
for undergraduate students enrolled at the Oxford campus. The	9314
purpose of this plan is to make higher education more affordable	9315
for moderate income Ohioans, encourage high-achieving Ohio	9316
students to stay in Ohio rather than attending colleges in other	9317
states, and provide incentives for Ohio students to major in areas	9318
crucial to Ohio's priorities and future economic development.	9319

Notwithstanding any limit on in-state undergraduate	9320
instructional and general fees imposed by this act, the General	9321
Assembly recognizes that the plan will provide that all	9322
undergraduate students enrolled at the Oxford campus will be	9323
charged combined instructional and general fees in an amount equal	9324
to the nonresident instructional and general fees and tuition	9325
surcharge. For both resident student first enrolling on or after	9326
the summer term of 2003 and resident students who enrolled prior	9327
to this date, any increases in fees approved thereafter by the	9328
board of trustees are subject to any instructional and general fee	9329
caps imposed by the General Assembly.	9330

The General Assembly recognizes that the plan provides that	9331
all students who are residents of Ohio will receive student	9332
financial assistance in an amount to be determined by the	9333
University.	9334

The General Assembly recognizes that the plan provides that,	9335
for any resident student who enrolls at the Miami University	9336
Oxford campus prior to August 2004, the plan will have no direct	9337
financial impact except for paper changes on invoices so that such	9338
a student would only pay instructional and general fees in an	9339
amount equivalent to what the student was charged in the preceding	9340
year in addition to any increases in fees approved by the board of	9341
trustees.	9342

Sec. 89.08. CASE WESTERN RESERVE UNIVERSITY SCHOOL OF	9343
MEDICINE	9344

The foregoing appropriation item 235-515, Case Western	9345
Reserve University School of Medicine, shall be disbursed to Case	9346
Western Reserve University through the Board of Regents in	9347
accordance with agreements entered into as provided for by section	9348
3333.10 of the Revised Code, provided that the state support per	9349
full-time medical student shall not exceed that provided to	9350
full-time medical students at state universities.	9351

CAPITAL SCHOLARSHIP PROGRAM

9352

The foregoing appropriation item 235-518, Capital Scholarship	9353
Program, shall be used by the Board of Regents to provide	9354
scholarships to undergraduates of Ohio's four-year public and	9355
private institutions of higher education participating in the	9356
Washington Center Internship Program. A scholarship of $1,800	9357
shall be awarded to students enrolled in an institution operating	9358
on a quarter system, and a scholarship of $2,300 shall be awarded	9359
to students enrolled in an institution operating on a semester	9360
system. The number of scholarships awarded shall be limited by the	9361
amounts appropriated in fiscal years 2004 and 2005. The Washington	9362
Center shall match the scholarships awarded to students as	9363
follows: $1,200 for students enrolled in an institution operating	9364
on a quarter system, and $1,700 for students enrolled in an	9365
institution operating on a semester system.	9366

FAMILY PRACTICE, GERIATRIC MEDICINE, AND PRIMARY CARE	9367
RESIDENCIES	9368

The Board of Regents shall develop plans consistent with	9369
existing criteria and guidelines as may be required for the	9370
distribution of appropriation items 235-519, Family Practice,	9371
235-525, Geriatric Medicine, and 235-526, Primary Care	9372
Residencies.	9373

SHAWNEE STATE SUPPLEMENT

9374

The foregoing appropriation item 235-520, Shawnee State	9375
Supplement, shall be used by Shawnee State University as detailed	9376
by both of the following:	9377

(A) To allow Shawnee State University to keep its	9378
undergraduate fees below the statewide average, consistent with	9379
its mission of service to an economically depressed Appalachian	9380
region;	9381

(B) To allow Shawnee State University to employ new faculty	9382
to develop and teach in new degree programs that meet the needs of	9383
Appalachians.	9384

POLICE AND FIRE PROTECTION

9385

The foregoing appropriation item 235-524, Police and Fire	9386
Protection, shall be used for police and fire services in the	9387
municipalities of Kent, Athens, Oxford, Fairborn, Bowling Green,	9388
Portsmouth, Xenia Township (Greene County), Rootstown Township,	9389
and the City of Nelsonville that may be used to assist these local	9390
governments in providing police and fire protection for the	9391
central campus of the state-affiliated university located therein.	9392
Each participating municipality and township shall receive at	9393
least $5,000 each year. Funds shall be distributed according to	9394
the methodology employed by the Board of Regents in the previous	9395
biennium.	9396

PRIMARY CARE RESIDENCIES

9397

The foregoing appropriation item 235-526, Primary Care	9398
Residencies, shall be distributed in each fiscal year of the	9399
biennium, based on whether or not the institution has submitted	9400
and gained approval for a plan. If the institution does not have	9401
an approved plan, it shall receive five per cent less funding per	9402
student than it would have received from its annual allocation.	9403
The remaining funding shall be distributed among those	9404
institutions that meet or exceed their targets.	9405

OHIO AEROSPACE INSTITUTE

9406

The foregoing appropriation item 235-527, Ohio Aerospace	9407
Institute, shall be distributed by the Board of Regents under	9408
section 3333.042 of the Revised Code.	9409

ACADEMIC SCHOLARSHIPS

9410

The foregoing appropriation item 235-530, Academic	9411
Scholarships, shall be used to provide academic scholarships to	9412
students under section 3333.22 of the Revised Code.	9413

STUDENT CHOICE GRANTS

9414

The foregoing appropriation item 235-531, Student Choice	9415
Grants, shall be used to support the Student Choice Grant Program	9416
created by section 3333.27 of the Revised Code. The unencumbered	9417
balance of appropriation item 235-531, Student Choice Grants, at	9418
the end of fiscal year 2004 shall be transferred to fiscal year	9419
2005 for use under the same appropriation item to maintain grant	9420
award amounts in fiscal year 2005 equal to the awards provided in	9421
fiscal year 2004. The amounts transferred are hereby appropriated.	9422

STUDENT WORKFORCE DEVELOPMENT GRANTS

9423

The foregoing appropriation item 235-534, Student Workforce	9424
Development Grants, shall be used to support the Student Workforce	9425
Development Grant Program. Of the appropriated funds available,	9426
the Board of Regents shall distribute grants to each eligible	9427
student in an academic year. The size of each grant award shall be	9428
determined by the Board of Regents based on the amount of funds	9429
available for the program.	9430

OHIO AGRICULTURAL RESEARCH AND DEVELOPMENT CENTER

9431

The foregoing appropriation item 235-535, Ohio Agricultural	9432
Research and Development Center, shall be disbursed through the	9433
Board of Regents to The Ohio State University in monthly payments,	9434
unless otherwise determined by the Director of Budget and	9435
Management pursuant to section 126.09 of the Revised Code. The	9436
Ohio Agricultural Research and Development Center shall not be	9437
required to remit payment to The Ohio State University during the	9438
2003-2005 biennium for cost reallocation assessments. The cost	9439
reallocation assessments include, but are not limited to, any	9440
assessment on state appropriations to the center. The Ohio	9441
Agricultural Research and Development Center, in conjunction with	9442
the Third Frontier Commission, shall provide for an independently	9443
evaluated self-study of research excellence and commercial	9444
relevance in a manner to be prescribed by the Third Frontier	9445
Commission.	9446

Of the foregoing appropriation item 235-535, Ohio	9447
Agricultural Research and Development Center, $470,164 in fiscal	9448
year 2004 and $458,410 in fiscal year 2005 shall be used to	9449
purchase equipment.	9450

Of the foregoing appropriation item 235-535, Ohio	9451
Agricultural Research and Development Center, $827,141 in fiscal	9452
year 2004 and $806,463 in fiscal year 2005 shall be distributed to	9453
the Piketon Agricultural Research and Extension Center.	9454

Of the foregoing appropriation item 235-535, Ohio	9455
Agricultural Research and Development Center, $217,669 in fiscal	9456
year 2004 and $212,227 in fiscal year 2005 shall be distributed to	9457
the Raspberry/Strawberry-Ellagic Acid Research program at theThe	9458
Ohio State University Medical College in cooperation with theThe	9459
Ohio State University College of Agriculture.	9460

Of the foregoing appropriation item 235-535, Ohio	9461
Agricultural Research and Development Center, $43,534 in fiscal	9462
year 2004 and $42,445 in fiscal year 2005 shall be used to support	9463
the Ohio Berry Administrator.	9464

Of the foregoing appropriation item 235-535, Ohio	9465
Agricultural Research and Development Center, $87,067 in fiscal	9466
year 2004 and $84,890 in fiscal year 2005 shall be used for the	9467
development of agricultural crops and products not currently in	9468
widespread production in Ohio, in order to increase the income and	9469
viability of family farmers.	9470

STATE UNIVERSITY CLINICAL TEACHING

9471

The foregoing appropriation items 235-536, The Ohio State	9472
University Clinical Teaching; 235-537, University of Cincinnati	9473
Clinical Teaching; 235-538, Medical College of Ohio at Toledo	9474
Clinical Teaching; 235-539, Wright State University Clinical	9475
Teaching; 235-540, Ohio University Clinical Teaching; and 235-541,	9476
Northeastern Ohio Universities College of Medicine Clinical	9477
Teaching, shall be distributed through the Board of Regents.	9478

Of the foregoing appropriation item 235-539, Wright State	9479
University Clinical Teaching, $124,644 in each fiscal year of the	9480
biennium shall be for the use of Wright State University's Ellis	9481
Institute for Clinical Teaching Studies to operate the clinical	9482
facility to serve the Greater Dayton area.	9483

SCHOOL OF INTERNATIONAL BUSINESS

9484

Of the foregoing appropriation item 235-547, School of	9485
International Business, $901,975 in fiscal year 2004 and $879,426	9486
in fiscal year 2005 shall be used for the continued development	9487
and support of the School of International Business of the state	9488
universities of northeast Ohio. The money shall go to the	9489
University of Akron. These funds shall be used by the university	9490
to establish a School of International Business located at the	9491
University of Akron. It may confer with Kent State University,	9492
Youngstown State University, and Cleveland State University as to	9493
the curriculum and other matters regarding the school.	9494

Of the foregoing appropriation item 235-547, School of	9495
International Business, $181,318 in fiscal year 2004 and $176,785	9496
in fiscal year 2005 shall be used by the University of Toledo	9497
College of Business for expansion of its international business	9498
programs.	9499

Of the foregoing appropriation item 235-547, School of	9500
International Business, $181,318 in fiscal year 2004 and $176,785	9501
in fiscal year 2005 shall be used to support theThe Ohio State	9502
University BioMEMS program.	9503

PART-TIME STUDENT INSTRUCTIONAL GRANTS

9504

The foregoing appropriation item 235-549, Part-time Student	9505
Instructional Grants, shall be used to support a grant program for	9506
part-time undergraduate students who are Ohio residents and who	9507
are enrolled in degree granting programs.	9508

Eligibility for participation in the program shall include	9509
degree granting educational institutions that hold a certificate	9510
of registration from the State Board of Career Colleges and	9511
Schools, and nonprofit institutions that have a certificate of	9512
authorization issued pursuant to Chapter 1713. of the Revised	9513
Code, as well as state-assisted colleges and universities. Grants	9514
shall be given to students on the basis of need, as determined by	9515
the college, which, in making these determinations, shall give	9516
special consideration to single-parent heads-of-household and	9517
displaced homemakers who enroll in an educational degree program	9518
that prepares the individual for a career. In determining need,	9519
the college also shall consider the availability of educational	9520
assistance from a student's employer. It is the intent of the	9521
General Assembly that these grants not supplant such assistance.	9522

Sec. 145.  FEDERAL JOBS AND GROWTH TAX RELIEF RECONCILIATION	9523
ACT OF 2003	9524

(A) The enhanced federal medical assistance percentage (FMAP)	9525
rate is authorized pursuant to the Federal Jobs and Growth Relief	9526
Reconciliation Act of 2003 for the third and fourth calendar	9527
quarters of federal fiscal year 2003 and the first, second, and	9528
third calendar quarters of federal fiscal year 2004. During this	9529
period, the reimbursement rate for all Medicaid service	9530
expenditures paid by state or local entities shall be the	9531
non-enhanced rate.	9532

(B) During the quarters that the enhanced FMAP rate is	9533
authorized pursuant to the Federal Jobs and Growth Relief	9534
Reconciliation Act of 2003, when drawing FMAP to the state	9535
treasury for Medicaid services paid by the Department of Job and	9536
Family Services or other state or local entities, the Department	9537
of Job and Family Services shall deposit the amount of federal	9538
revenue attributable to the enhanced FMAP that is being made	9539
available to the Federal Fiscal Relief Fund, which is hereby	9540
created in the state treasury. The disposition of cash from this	9541
fund shall occur as follows:	9542

(1) On a schedule to be determined by the Office of Budget	9543
and Management, the Director of Budget and Management shall make	9544
cash transfers to the Medicaid Reserve Fund, which is hereby	9545
created in the state treasury. The total amount transferred shall	9546
be up to $18,611,156 in state fiscal year 2004 and $90,851,972 in	9547
state fiscal year 2005. The Director of Job and Family Services	9548
shall make requests to the Director of Budget and Management as	9549
necessary to increase the appropriation in appropriation item	9550
600-525, Health Care/Medicaid. The Director of Budget and	9551
Management shall transfer the state share of such amounts from the	9552
Medicaid Reserve Fund to the General Revenue Fund. The transferred	9553
amount plus the federal share associated with this amount is	9554
hereby appropriated. The Department of Job and Family Services	9555
shall use this appropriation authority to pay claims for Medicaid	9556
services.	9557

(2) After the amounts in division (B)(1) of this section have	9558
been transferred,The Director of Budget and Management shall	9559
determine the amount of enhanced reimbursement that is	9560
attributable to Medicaid expenditures for which the state share	9561
was paid by one of the following entities: county boards of mental	9562
retardation and developmental disabilities; boards of mental	9563
health; boards of alcohol, drug addiction, and mental health	9564
services; boards of alcohol and drug addiction services; and any	9565
other entity that qualifies under the Federal Jobs and Growth Tax	9566
Relief Reconciliation Act of 2003. On a schedule to be determined	9567
by the Office of Budget and Management, the Director of Budget and	9568
Management shall make cash transfers of these amounts from the	9569
Federal Fiscal Relief Fund to the Interagency Reimbursement Fund.	9570
The appropriation in appropriation item 600-655, Interagency	9571
Reimbursement, is hereby increased by these amounts in order to	9572
transfer the enhanced reimbursement to other agencies. If	9573
necessary, the Office of Budget and Management shall seek	9574
Controlling Board approval to increase appropriations in federal	9575
appropriation items used by the Department of Mental Retardation	9576
and Developmental Disabilities, the Department of Mental Health,	9577
and the Department of Alcohol and Drug Addiction Services in order	9578
for these departments to pass the enhanced federal share to the	9579
aforementioned local entities. The Department of Mental	9580
Retardation and Developmental Disabilities, the Department of	9581
Mental Health, and the Department of Alcohol and Drug Addiction	9582
Services shall distribute such amounts to the boards or entities	9583
as listed in this section based on the direction of the Office of	9584
Budget and Management.	9585

(3) On a schedule to be determined by the Office of Budget	9586
and Management, the Director of Budget and Management shallmay	9587
transfer the remainder of cash not required by division (B)(1) or	9588
(B)(2) of this section in the Federal Fiscal Relief Fund to the	9589
General Revenue Fund on a schedule to be determined by the Office	9590
of Budget and Management.	9591

Section 62. That existing Sections 8.04, 12, 41.06, 41.13,	9592
55, 59, 66, 89.04, 89.05, 89.08, and 145 of Am. Sub. H.B. 95 of	9593
the 125th General Assembly are hereby repealed.	9594

Section 63. (A) Except as otherwise provided in division (B)	9595
of this section, the amendment by this act of sections of Am. Sub.	9596
H.B. 95 of the 125th General Assembly, and the items of which the	9597
amendments are composed, are not subject to the referendum.	9598
Therefore, under Ohio Constitution, Article II, Section 1d and	9599
section 1.471 of the Revised Code, the amendments of those	9600
sections, and the items of which the amendments are composed, go	9601
into immediate effect when this act becomes law.	9602

(B) The amendment by this act of Section 12 of Am. Sub. H.B.	9603
95 of the 125th General Assembly, and the items of which the	9604
amendment is composed, are subject to the referendum. Therefore,	9605
under Ohio Constitution, Article II, Section 1c and section 1.471	9606
of the Revised Code, the amendment, and the items of which the	9607
amendment is composed, take effect on the ninety-first day after	9608
this act is filed with the Secretary of State. However, if a	9609
referendum petition is filed against the amendment, or an item of	9610
which it is composed, the amendment, or item, unless rejected at	9611
the referendum, takes effect at the earliest time permitted by	9612
law.	9613

Section 64. The Sports Facilities Building Fund (Fund 024)	9614
previously created by section 3383.09 of the Revised Code shall be	9615
closed and any unexpended balance or earnings shall be transferred	9616
and credited to the Arts and Sports Facilities Building Fund (Fund	9617
030) created by section 3383.09 of the Revised Code, as amended by	9618
this act, and segregated within the Arts and Sports Facilities	9619
Building Fund and used, with any investment earnings on such	9620
amounts, to pay costs of Ohio sports facilities.	9621

Any unencumbered and unallotted appropriations set forth in	9622
Section 9.01 of H.B. 675 and Section 14 of Am. Sub. H.B. 524 of	9623
the 124th General Assembly that were appropriated out of any money	9624
in the state treasury to the credit of the Sports Facilities	9625
Building Fund are hereby transferred to the Arts and Sports	9626
Facilities Building Fund, subject to the conditions specified in	9627
those sections. Any encumbrances on the Sports Facilities Building	9628
Fund are hereby cancelled and re-established in the Arts and	9629
Sports Facilities Building Fund.	9630

Any heretofore unutilized amounts of separate authorizations	9631
to issue and sell obligations granted to the Ohio Building	9632
Authority by prior acts of the General Assembly pursuant to	9633
Section 2i of Article VIII, Ohio Constitution, and Chapter 152.	9634
and any other applicable provisions of the Revised Code, to pay	9635
costs of capital facilities or improvements for Ohio arts	9636
facilities and for Ohio sports facilities are hereby combined into	9637
a common authorization. The Ohio Building Authority is hereby	9638
authorized to issue and sell those obligations, in accordance with	9639
and subject to the applicable limitations in Section 2i of Article	9640
VIII, Ohio Constitution, and Chapter 152. and other applicable	9641
provisions of the Revised Code, to pay the costs of capital	9642
facilities consisting of Ohio arts facilities and Ohio sports	9643
facilities, as defined in section 3383.01 of the Revised Code.	9644

Section 65. Not later than June 30, 2005, the Director of	9645
Mental Health shall revise rule 5122-29-06 of the Administrative	9646
Code regarding the certification standards for the	9647
partial-hospitalization community mental health service. As part	9648
of the revision, the Director shall address client eligibility	9649
criteria.	9650

Section 66. JOB AND FAMILY SERVICES - CHILDREN AND FAMILY	9651
SUBSIDY	9652

In fiscal year 2004, appropriation item 600-523, Children and	9653
Family Subsidy, shall be increased by $4,524,074 to pay for foster	9654
care training that occurred in a prior fiscal year. This amount is	9655
hereby appropriated.	9656

This section is not subject to the referendum. Therefore,	9657
under Ohio Constitution, Article II, Section 1d and section 1.471	9658
of the Revised Code, this section goes into immediate effect when	9659
this act becomes law.	9660

Section 67. Except as otherwise specifically provided in this	9661
act, the codified and uncodified sections of law amended or	9662
enacted by this act, and the items of law of which the codified	9663
and uncodified sections of law amended or enacted by this act are	9664
composed, are subject to the referendum. Therefore, under section	9665
1c of Article II, Ohio Constitution and section 1.471 of the	9666
Revised Code, the codified and uncodified sections of law amended	9667
or enacted by this act, and the items of law of which the codified	9668
and uncodified sections amended or enacted by this act are	9669
composed, take effect on the ninety-first day after this act is	9670
filed with the Secretary of State. If, however, a referendum	9671
petition is filed against any such codified or uncodified section	9672
of law as amended or enacted by this act, or against any item of	9673
law of which any such codified or uncodified section of law as	9674
amended or enacted by this act is composed, the codified or	9675
uncodified section of law as amended or enacted, or item of law,	9676
unless rejected at the referendum, takes effect at the earliest	9677
time permitted by law.	9678

Section 68. The repeal by this act of sections 152.101 and	9679
901.85 of the Revised Code is subject to the referendum.	9680
Therefore, under Ohio Constitution, Article II, Section 1c and	9681
section 1.471 of the Revised Code, the repeals take effect on the	9682
ninety-first day after this act is filed with the Secretary of	9683
State. However, if a referendum petition is filed against either	9684
of the repeals, the repeal, unless rejected at the referendum,	9685
takes effect at the earliest time permitted by law.	9686

Section 69. The amendment by this act of sections 124.15,	9687
124.152, 124.181, 124.183, 124.382, 126.32, 175.21, and 4701.03 of	9688
the Revised Code, and the items of which the amendments are	9689
composed, are not subject to the referendum. Therefore, under Ohio	9690
Constitution, Article II, Section 1d and section 1.471 of the	9691
Revised Code, the amendment by this act of those sections, and the	9692
items of which the amendments are composed, go into immediate	9693
effect when this act becomes law.	9694

Section 70. If any item of law that constitutes the whole or	9695
part of a codified or uncodified section of law contained in this	9696
act, or if any application of any item of law that constitutes the	9697
whole or part of a codified or uncodified section of law contained	9698
in this act, is held invalid, the invalidity does not affect other	9699
items of law or applications of items of law that can be given	9700
effect without the invalid item of law or application. To this	9701
end, the items of law of which the codified and uncodified	9702
sections of law contained in this act are composed, and their	9703
applications, are independent and severable.	9704