REPRESENTATIVES Calvert, D. Evans, Flowers, Peterson

To amend sections 9.24, 102.02, 123.01, 123.10,

1

124.15, 124.152, 124.181, 124.183, 124.382,

2

126.32, 152.09, 175.21, 1503.05, 3311.059,

3

3327.01, 3334.01, 3383.09, 3701.881, 3712.09,

4

3734.02, 3734.18, 3734.57, 3769.021, 3769.087,

5

3770.07, 3781.19, 4701.03, 4707.05, 4723.431,

6

4758.20, 4758.40, 4758.41, 4758.42, 4758.55,

7

4758.56, 4758.57, 4758.58, 4758.59, 4758.61,

8

5101.27, 5110.35, 5111.022, 5111.87, 5119.18,

9

5123.352, 5731.47, 5731.48, and 6301.03 and to

10

repeal sections 152.101 and 901.85 of the Revised

11

Code and to amend Section 11.04 of Am. Sub. H.B.

12

87 of the 125th General Assembly, as subsequently

13

amended; to amend Sections 8.04, 12, 38.12, 41.06,

14

41.13, 55, 59, 59.29, 66, 89, 89.04, 89.05, 89.08,

15

89.11, and 145 of Am. Sub. H.B. 95 of the 125th

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General Assembly; and to amend Section 41.33 of

17

Am. Sub. H.B. 95 of the 125th General Assembly to

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make capital reappropriations for the biennium

19

ending June 30, 2006, to make certain supplemental

20

and capital appropriations, and to provide

21

authorization and conditions for the operation of

22

state programs.

23

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

Section 1. That sections 9.24, 102.02, 123.01, 123.10,	24
124.15, 124.152, 124.181, 124.183, 124.382, 126.32, 152.09,	25
175.21, 1503.05, 3311.059, 3327.01, 3334.01, 3383.09, 3701.881,	26
3712.09, 3734.02, 3734.18, 3734.57, 3769.021, 3769.087, 3770.07,	27
3781.19, 4701.03, 4707.05, 4723.431, 4758.20, 4758.40, 4758.41,	28
4758.42, 4758.55, 4758.56, 4758.57, 4758.58, 4758.59, 4758.61,	29
5101.27, 5110.35, 5111.022, 5111.87, 5119.18, 5123.352, 5731.47,	30
5731.48, and 6301.03 of the Revised Code be amended to read as	31
follows:	32

Sec. 9.24. (A) NoExcept as may be allowed under division (F)	33
of this section, no state agency and no political subdivision	34
shall award a contract as described in division (G)(1) of this	35
section for goods, services, or construction, paid for in whole or	36
in part with state funds, to a person against whom a finding for	37
recovery has been issued by the auditor of state on and after	38
January 1, 2001, if the finding for recovery is unresolved.	39

A contract is considered to be awarded when it is entered	40
into or executed, irrespective of whether the parties to the	41
contract have exchanged any money.	42

(B) For purposes of this section, a finding for recovery is	43
unresolved unless one of the following criteria applies:	44

(1) The money identified in the finding for recovery is paid	45
in full to the state agency or political subdivision to whom the	46
money was owed;	47

(2) The debtor has entered into a repayment plan that is	48
approved by the attorney general and the state agency or political	49
subdivision to whom the money identified in the finding for	50
recovery is owed. A repayment plan may include a provision	51
permitting a state agency or political subdivision to withhold	52
payment to a debtor for goods, services, or construction provided	53
to or for the state agency or political subdivision pursuant to a	54
contract that is entered into with the debtor after the date the	55
finding for recovery was issued.	56

(3) The attorney general waives a repayment plan described in	57
division (B)(2) of this section for good cause;	58

(4) The debtor and state agency or political subdivision to	59
whom the money identified in the finding for recovery is owed have	60
agreed to a payment plan established through an enforceable	61
settlement agreement.	62

(5) The state agency or political subdivision desiring to	63
enter into a contract with a debtor certifies, and the attorney	64
general concurs, that all of the following are true:	65

(a) Essential services the state agency or political	66
subdivision is seeking to obtain from the debtor cannot be	67
provided by any other person besides the debtor;	68

(b) Awarding a contract to the debtor for the essential	69
services described in division (B)(5)(a) of this section is in the	70
best interest of the state;	71

(c) Good faith efforts have been made to collect the money	72
identified in the finding of recovery.	73

(6) The debtor has commenced an action to contest the finding	74
for recovery and a final determination on the action has not yet	75
been reached.	76

(C) The attorney general shall submit an initial report to	77
the auditor of state, not later than December 1, 2003, indicating	78
the status of collection for all findings for recovery issued by	79
the auditor of state for calendar years 2001, 2002, and 2003.	80
Beginning on January 1, 2004, the attorney general shall submit to	81
the auditor of state, on the first day of every January, April,	82
July, and October, a list of all findings for recovery that have	83
been resolved in accordance with division (B) of this section	84
during the calendar quarter preceding the submission of the list	85
and a description of the means of resolution. The attorney general	86
shall notify the auditor of state when a judgment is issued	87
against an entity described in division (F)(1) of this section.	88

(D) The auditor of state shall maintain a database,	89
accessible to the public, listing persons against whom an	90
unresolved finding for recovery has been issued, and the amount of	91
the money identified in the unresolved finding for recovery. The	92
auditor of state shall have this database operational on or before	93
January 1, 2004. The initial database shall contain the	94
information required under this division for calendar years 2001,	95
2002, and 2003.	96

Beginning January 15, 2004, the auditor of state shall update	97
the database by the fifteenth day of every January, April, July,	98
and October to reflect resolved findings for recovery that are	99
reported to the auditor of state by the attorney general on the	100
first day of the same month pursuant to division (C) of this	101
section.	102

(E) Before awarding a contract as described in division	103
(G)(1) of this section for goods, services, or construction, paid	104
for in whole or in part with state funds, a state agency or	105
political subdivision shall verify that the person to whom the	106
state agency or political subdivision plans to award the contract	107
has no unresolved finding for recovery issued against the person.	108
A state agency or political subdivision shall verify that the	109
person does not appear in the database described in division (D)	110
of this section or shall obtain other proof that the person has no	111
unresolved finding for recovery issued against the person.	112

(F) The prohibition of division (A) of this section and the	113
requirement of division (E) of this section do not apply with	114
respect to the companies or agreements described in divisions	115
(F)(1) and (2) of this section, or in the circumstance described	116
in division (F)(3) of this section.	117

(1) A bonding company or a company authorized to transact the	118
business of insurance in this state, a self-insurance pool, joint	119
self-insurance pool, risk management program, or joint risk	120
management program, unless a court has entered a final judgment	121
against the company and the company has not yet satisfied the	122
final judgment.	123

(2) To medicaid provider agreements under Chapter 5111. of	124
the Revised Code or payments or provider agreements under	125
disability assistance medical assistance established under Chapter	126
5115. of the Revised Code.	127

(3) When federal law dictates that a specified entity provide	128
the goods, services, or construction for which a contract is being	129
awarded, regardless of whether that entity would otherwise be	130
prohibited from entering into the contract pursuant to this	131
section.	132

(G)(1) This section applies only to contracts for goods,	133
services, or construction that satisfy the criteria in either	134
division (G)(1)(a) or (b) of this division. This section may apply	135
to contracts for goods, services, or construction that satisfy the	136
criteria in division (G)(1)(c), provided that the contracts also	137
satisfy the criteria in either division (G)(1)(a) or (b) of this	138
division.	139

(a) The cost for the goods, services, or construction	140
provided under the contract is estimated to exceed twenty-five	141
thousand dollars.	142

(b) The aggregate cost for the goods, services, or	143
construction provided under multiple contracts entered into by the	144
particular state agency and a single person or the particular	145
political subdivision and a single person within the fiscal year	146
preceding the fiscal year within which a contract is being entered	147
into by that same state agency and the same single person or the	148
same political subdivision and the same single person, exceeded	149
fifty thousand dollars.	150

(c) The contract is a renewal of a contract previously	151
entered into and renewed pursuant to that preceding contract.	152

(2) This section does not apply to employment contracts.

153

(H) As used in this section:

154

(1) "State agency" has the same meaning as in section 9.66 of	155
the Revised Code.	156

(2) "Political subdivision" means a political subdivision as	157
defined in section 9.82 of the Revised Code that has received more	158
than fifty thousand dollars of state money in the current fiscal	159
year or the preceding fiscal year.	160

(3) "Finding for recovery" means a determination issued by	161
the auditor of state, contained in a report the auditor of state	162
gives to the attorney general pursuant to section 117.28 of the	163
Revised Code, that public money has been illegally expended,	164
public money has been collected but not been accounted for, public	165
money is due but has not been collected, or public property has	166
been converted or misappropriated.	167

(3)(4) "Debtor" means a person against whom a finding for	168
recovery has been issued.	169

(5) "Person" means the person named in the finding for	170
recovery.	171

(6) "State money" does not include funds the state receives	172
from another source and passes through to a political subdivision.	173

Sec. 102.02.  (A) Except as otherwise provided in division	174
(H) of this section, every person who is elected to or is a	175
candidate for a state, county, or city office, or the office of	176
member of the United States congress, and every person who is	177
appointed to fill a vacancy for an unexpired term in such an	178
elective office; all members of the state board of education; the	179
director, assistant directors, deputy directors, division chiefs,	180
or persons of equivalent rank of any administrative department of	181
the state; the president or other chief administrative officer of	182
every state institution of higher education as defined in section	183
3345.011 of the Revised Code; the chief executive officer of each	184
state retirement system; all members of the board of commissioners	185
on grievances and discipline of the supreme court and the ethics	186
commission created under section 102.05 of the Revised Code; every	187
business manager, treasurer, or superintendent of a city, local,	188
exempted village, joint vocational, or cooperative education	189
school district or an educational service center; every person who	190
is elected to or is a candidate for the office of member of a	191
board of education of a city, local, exempted village, joint	192
vocational, or cooperative education school district or of a	193
governing board of an educational service center that has a total	194
student count of twelve thousand or more as most recently	195
determined by the department of education pursuant to section	196
3317.03 of the Revised Code; every person who is appointed to the	197
board of education of a municipal school district pursuant to	198
division (B) or (F) of section 3311.71 of the Revised Code; all	199
members of the board of directors of a sanitary district that is	200
established under Chapter 6115. of the Revised Code and organized	201
wholly for the purpose of providing a water supply for domestic,	202
municipal, and public use, and that includes two municipal	203
corporations in two counties; every public official or employee	204
who is paid a salary or wage in accordance with schedule C of	205
section 124.15 or schedule E-2 of section 124.152 of the Revised	206
Code; members of the board of trustees and the executive director	207
of the tobacco use prevention and control foundation; members of	208
the board of trustees and the executive director of the southern	209
Ohio agricultural and community development foundation; and every	210
other public official or employee who is designated by the	211
appropriate ethics commission pursuant to division (B) of this	212
section shall file with the appropriate ethics commission on a	213
form prescribed by the commission, a statement disclosing all of	214
the following:	215

(1) The name of the person filing the statement and each	216
member of the person's immediate family and all names under which	217
the person or members of the person's immediate family do	218
business;	219

(2)(a) Subject to divisions (A)(2)(b) and (c) of this section	220
and except as otherwise provided in section 102.022 of the Revised	221
Code, identification of every source of income, other than income	222
from a legislative agent identified in division (A)(2)(b) of this	223
section, received during the preceding calendar year, in the	224
person's own name or by any other person for the person's use or	225
benefit, by the person filing the statement, and a brief	226
description of the nature of the services for which the income was	227
received. If the person filing the statement is a member of the	228
general assembly, the statement shall identify the amount of every	229
source of income received in accordance with the following ranges	230
of amounts: zero or more, but less than one thousand dollars; one	231
thousand dollars or more, but less than ten thousand dollars; ten	232
thousand dollars or more, but less than twenty-five thousand	233
dollars; twenty-five thousand dollars or more, but less than fifty	234
thousand dollars; fifty thousand dollars or more, but less than	235
one hundred thousand dollars; and one hundred thousand dollars or	236
more. Division (A)(2)(a) of this section shall not be construed to	237
require a person filing the statement who derives income from a	238
business or profession to disclose the individual items of income	239
that constitute the gross income of that business or profession,	240
except for those individual items of income that are attributable	241
to the person's or, if the income is shared with the person, the	242
partner's, solicitation of services or goods or performance,	243
arrangement, or facilitation of services or provision of goods on	244
behalf of the business or profession of clients, including	245
corporate clients, who are legislative agents as defined in	246
section 101.70 of the Revised Code. A person who files the	247
statement under this section shall disclose the identity of and	248
the amount of income received from a person who the public	249
official or employee knows or has reason to know is doing or	250
seeking to do business of any kind with the public official's or	251
employee's agency.	252

(b) If the person filing the statement is a member of the	253
general assembly, the statement shall identify every source of	254
income and the amount of that income that was received from a	255
legislative agent, as defined in section 101.70 of the Revised	256
Code, during the preceding calendar year, in the person's own name	257
or by any other person for the person's use or benefit, by the	258
person filing the statement, and a brief description of the nature	259
of the services for which the income was received. Division	260
(A)(2)(b) of this section requires the disclosure of clients of	261
attorneys or persons licensed under section 4732.12 of the Revised	262
Code, or patients of persons certified under section 4731.14 of	263
the Revised Code, if those clients or patients are legislative	264
agents. Division (A)(2)(b) of this section requires a person	265
filing the statement who derives income from a business or	266
profession to disclose those individual items of income that	267
constitute the gross income of that business or profession that	268
are received from legislative agents.	269

(c) Except as otherwise provided in division (A)(2)(c) of	270
this section, division (A)(2)(a) of this section applies to	271
attorneys, physicians, and other persons who engage in the	272
practice of a profession and who, pursuant to a section of the	273
Revised Code, the common law of this state, a code of ethics	274
applicable to the profession, or otherwise, generally are required	275
not to reveal, disclose, or use confidences of clients, patients,	276
or other recipients of professional services except under	277
specified circumstances or generally are required to maintain	278
those types of confidences as privileged communications except	279
under specified circumstances. Division (A)(2)(a) of this section	280
does not require an attorney, physician, or other professional	281
subject to a confidentiality requirement as described in division	282
(A)(2)(c) of this section to disclose the name, other identity, or	283
address of a client, patient, or other recipient of professional	284
services if the disclosure would threaten the client, patient, or	285
other recipient of professional services, would reveal details of	286
the subject matter for which legal, medical, or professional	287
advice or other services were sought, or would reveal an otherwise	288
privileged communication involving the client, patient, or other	289
recipient of professional services. Division (A)(2)(a) of this	290
section does not require an attorney, physician, or other	291
professional subject to a confidentiality requirement as described	292
in division (A)(2)(c) of this section to disclose in the brief	293
description of the nature of services required by division	294
(A)(2)(a) of this section any information pertaining to specific	295
professional services rendered for a client, patient, or other	296
recipient of professional services that would reveal details of	297
the subject matter for which legal, medical, or professional	298
advice was sought or would reveal an otherwise privileged	299
communication involving the client, patient, or other recipient of	300
professional services.	301

(3) The name of every corporation on file with the secretary	302
of state that is incorporated in this state or holds a certificate	303
of compliance authorizing it to do business in this state, trust,	304
business trust, partnership, or association that transacts	305
business in this state in which the person filing the statement or	306
any other person for the person's use and benefit had during the	307
preceding calendar year an investment of over one thousand dollars	308
at fair market value as of the thirty-first day of December of the	309
preceding calendar year, or the date of disposition, whichever is	310
earlier, or in which the person holds any office or has a	311
fiduciary relationship, and a description of the nature of the	312
investment, office, or relationship. Division (A)(3) of this	313
section does not require disclosure of the name of any bank,	314
savings and loan association, credit union, or building and loan	315
association with which the person filing the statement has a	316
deposit or a withdrawable share account.	317

(4) All fee simple and leasehold interests to which the	318
person filing the statement holds legal title to or a beneficial	319
interest in real property located within the state, excluding the	320
person's residence and property used primarily for personal	321
recreation;	322

(5) The names of all persons residing or transacting business	323
in the state to whom the person filing the statement owes, in the	324
person's own name or in the name of any other person, more than	325
one thousand dollars. Division (A)(5) of this section shall not be	326
construed to require the disclosure of debts owed by the person	327
resulting from the ordinary conduct of a business or profession or	328
debts on the person's residence or real property used primarily	329
for personal recreation, except that the superintendent of	330
financial institutions shall disclose the names of all	331
state-chartered savings and loan associations and of all service	332
corporations subject to regulation under division (E)(2) of	333
section 1151.34 of the Revised Code to whom the superintendent in	334
the superintendent's own name or in the name of any other person	335
owes any money, and that the superintendent and any deputy	336
superintendent of banks shall disclose the names of all	337
state-chartered banks and all bank subsidiary corporations subject	338
to regulation under section 1109.44 of the Revised Code to whom	339
the superintendent or deputy superintendent owes any money.	340

(6) The names of all persons residing or transacting business	341
in the state, other than a depository excluded under division	342
(A)(3) of this section, who owe more than one thousand dollars to	343
the person filing the statement, either in the person's own name	344
or to any person for the person's use or benefit. Division (A)(6)	345
of this section shall not be construed to require the disclosure	346
of clients of attorneys or persons licensed under section 4732.12	347
or 4732.15 of the Revised Code, or patients of persons certified	348
under section 4731.14 of the Revised Code, nor the disclosure of	349
debts owed to the person resulting from the ordinary conduct of a	350
business or profession.	351

(7) Except as otherwise provided in section 102.022 of the	352
Revised Code, the source of each gift of over seventy-five	353
dollars, or of each gift of over twenty-five dollars received by a	354
member of the general assembly from a legislative agent, received	355
by the person in the person's own name or by any other person for	356
the person's use or benefit during the preceding calendar year,	357
except gifts received by will or by virtue of section 2105.06 of	358
the Revised Code, or received from spouses, parents, grandparents,	359
children, grandchildren, siblings, nephews, nieces, uncles, aunts,	360
brothers-in-law, sisters-in-law, sons-in-law, daughters-in-law,	361
fathers-in-law, mothers-in-law, or any person to whom the person	362
filing the statement stands in loco parentis, or received by way	363
of distribution from any inter vivos or testamentary trust	364
established by a spouse or by an ancestor;	365

(8) Except as otherwise provided in section 102.022 of the	366
Revised Code, identification of the source and amount of every	367
payment of expenses incurred for travel to destinations inside or	368
outside this state that is received by the person in the person's	369
own name or by any other person for the person's use or benefit	370
and that is incurred in connection with the person's official	371
duties, except for expenses for travel to meetings or conventions	372
of a national or state organization to which any state agency,	373
including, but not limited to, any legislative agency or state	374
institution of higher education as defined in section 3345.011 of	375
the Revised Code, pays membership dues, or any political	376
subdivision or any office or agency of a political subdivision	377
pays membership dues;	378

(9) Except as otherwise provided in section 102.022 of the	379
Revised Code, identification of the source of payment of expenses	380
for meals and other food and beverages, other than for meals and	381
other food and beverages provided at a meeting at which the person	382
participated in a panel, seminar, or speaking engagement or at a	383
meeting or convention of a national or state organization to which	384
any state agency, including, but not limited to, any legislative	385
agency or state institution of higher education as defined in	386
section 3345.011 of the Revised Code, pays membership dues, or any	387
political subdivision or any office or agency of a political	388
subdivision pays membership dues, that are incurred in connection	389
with the person's official duties and that exceed one hundred	390
dollars aggregated per calendar year;	391

(10) If the financial disclosure statement is filed by a	392
public official or employee described in division (B)(2) of	393
section 101.73 of the Revised Code or division (B)(2) of section	394
121.63 of the Revised Code who receives a statement from a	395
legislative agent, executive agency lobbyist, or employer that	396
contains the information described in division (F)(2) of section	397
101.73 of the Revised Code or division (G)(2) of section 121.63 of	398
the Revised Code, all of the nondisputed information contained in	399
the statement delivered to that public official or employee by the	400
legislative agent, executive agency lobbyist, or employer under	401
division (F)(2) of section 101.73 or (G)(2) of section 121.63 of	402
the Revised Code. As used in division (A)(10) of this section,	403
"legislative agent," "executive agency lobbyist," and "employer"	404
have the same meanings as in sections 101.70 and 121.60 of the	405
Revised Code.	406

A person may file a statement required by this section in	407
person or by mail. A person who is a candidate for elective office	408
shall file the statement no later than the thirtieth day before	409
the primary, special, or general election at which the candidacy	410
is to be voted on, whichever election occurs soonest, except that	411
a person who is a write-in candidate shall file the statement no	412
later than the twentieth day before the earliest election at which	413
the person's candidacy is to be voted on. A person who holds	414
elective office shall file the statement on or before the	415
fifteenth day of April of each year unless the person is a	416
candidate for office. A person who is appointed to fill a vacancy	417
for an unexpired term in an elective office shall file the	418
statement within fifteen days after the person qualifies for	419
office. Other persons shall file an annual statement on or before	420
the fifteenth day of April or, if appointed or employed after that	421
date, within ninety days after appointment or employment. No	422
person shall be required to file with the appropriate ethics	423
commission more than one statement or pay more than one filing fee	424
for any one calendar year.	425

The appropriate ethics commission, for good cause, may extend	426
for a reasonable time the deadline for filing a statement under	427
this section.	428

A statement filed under this section is subject to public	429
inspection at locations designated by the appropriate ethics	430
commission except as otherwise provided in this section.	431

(B) The Ohio ethics commission, the joint legislative ethics	432
committee, and the board of commissioners on grievances and	433
discipline of the supreme court, using the rule-making procedures	434
of Chapter 119. of the Revised Code, may require any class of	435
public officials or employees under its jurisdiction and not	436
specifically excluded by this section whose positions involve a	437
substantial and material exercise of administrative discretion in	438
the formulation of public policy, expenditure of public funds,	439
enforcement of laws and rules of the state or a county or city, or	440
the execution of other public trusts, to file an annual statement	441
on or before the fifteenth day of April under division (A) of this	442
section. The appropriate ethics commission shall send the public	443
officials or employees written notice of the requirement by the	444
fifteenth day of February of each year the filing is required	445
unless the public official or employee is appointed after that	446
date, in which case the notice shall be sent within thirty days	447
after appointment, and the filing shall be made not later than	448
ninety days after appointment.	449

Except for disclosure statements filed by members of the	450
board of trustees and the executive director of the tobacco use	451
prevention and control foundation and members of the board of	452
trustees and the executive director of the southern Ohio	453
agricultural and community development foundation, disclosure	454
statements filed under this division with the Ohio ethics	455
commission by members of boards, commissions, or bureaus of the	456
state for which no compensation is received other than reasonable	457
and necessary expenses shall be kept confidential. Disclosure	458
statements filed with the Ohio ethics commission under division	459
(A) of this section by business managers, treasurers, and	460
superintendents of city, local, exempted village, joint	461
vocational, or cooperative education school districts or	462
educational service centers shall be kept confidential, except	463
that any person conducting an audit of any such school district or	464
educational service center pursuant to section 115.56 or Chapter	465
117. of the Revised Code may examine the disclosure statement of	466
any business manager, treasurer, or superintendent of that school	467
district or educational service center. The Ohio ethics commission	468
shall examine each disclosure statement required to be kept	469
confidential to determine whether a potential conflict of interest	470
exists for the person who filed the disclosure statement. A	471
potential conflict of interest exists if the private interests of	472
the person, as indicated by the person's disclosure statement,	473
might interfere with the public interests the person is required	474
to serve in the exercise of the person's authority and duties in	475
the person's office or position of employment. If the commission	476
determines that a potential conflict of interest exists, it shall	477
notify the person who filed the disclosure statement and shall	478
make the portions of the disclosure statement that indicate a	479
potential conflict of interest subject to public inspection in the	480
same manner as is provided for other disclosure statements. Any	481
portion of the disclosure statement that the commission determines	482
does not indicate a potential conflict of interest shall be kept	483
confidential by the commission and shall not be made subject to	484
public inspection, except as is necessary for the enforcement of	485
Chapters 102. and 2921. of the Revised Code and except as	486
otherwise provided in this division.	487

(C) No person shall knowingly fail to file, on or before the	488
applicable filing deadline established under this section, a	489
statement that is required by this section.	490

(D) No person shall knowingly file a false statement that is	491
required to be filed under this section.	492

(E)(1) Except as provided in divisions (E)(2) and (3) of this	493
section, the statement required by division (A) or (B) of this	494
section shall be accompanied by a filing fee of forty dollars.	495

(2) The statement required by division (A) of this section	496
shall be accompanied by the following filing fee to be paid by the	497
person who is elected or appointed to, or is a candidate for, any	498
of the following offices:	499

(3) No judge of a court of record or candidate for judge of a	519
court of record, and no referee or magistrate serving a court of	520
record, shall be required to pay the fee required under division	521
(E)(1) or (2) or (F) of this section.	522

(4) For any public official who is appointed to a nonelective	523
office of the state and for any employee who holds a nonelective	524
position in a public agency of the state, the state agency that is	525
the primary employer of the state official or employee shall pay	526
the fee required under division (E)(1) or (F) of this section.	527

(F) If a statement required to be filed under this section is	528
not filed by the date on which it is required to be filed, the	529
appropriate ethics commission shall assess the person required to	530
file the statement a late filing fee of ten dollars for each day	531
the statement is not filed, except that the total amount of the	532
late filing fee shall not exceed two hundred fifty dollars.	533

(G)(1) The appropriate ethics commission other than the Ohio	534
ethics commission shall deposit all fees it receives under	535
divisions (E) and (F) of this section into the general revenue	536
fund of the state.	537

(2) The Ohio ethics commission shall deposit all receipts,	538
including, but not limited to, fees it receives under divisions	539
(E) and (F) of this section and all moneys it receives from	540
settlements under division (G) of section 102.06 of the Revised	541
Code, into the Ohio ethics commission fund, which is hereby	542
created in the state treasury. All moneys credited to the fund	543
shall be used solely for expenses related to the operation and	544
statutory functions of the commission.	545

(H) Division (A) of this section does not apply to a person	546
elected or appointed to the office of precinct, ward, or district	547
committee member under Chapter 3517. of the Revised Code; a	548
presidential elector; a delegate to a national convention; village	549
or township officials and employees; any physician or psychiatrist	550
who is paid a salary or wage in accordance with schedule C of	551
section 124.15 or schedule E-2 of section 124.152 of the Revised	552
Code and whose primary duties do not require the exercise of	553
administrative discretion; or any member of a board, commission,	554
or bureau of any county or city who receives less than one	555
thousand dollars per year for serving in that position.	556

Sec. 123.01.  (A) The department of administrative services,	557
in addition to those powers enumerated in Chapters 124. and 125.	558
of the Revised Code, and as provided elsewhere by law, shall	559
exercise the following powers:	560

(1) To prepare, or contract to be prepared, by licensed	561
engineers or architects, surveys, general and detailed plans,	562
specifications, bills of materials, and estimates of cost for any	563
projects, improvements, or public buildings to be constructed by	564
state agencies that may be authorized by legislative	565
appropriations or any other funds made available therefor,	566
provided that the construction of the projects, improvements, or	567
public buildings is a statutory duty of the department. This	568
section does not require the independent employment of an	569
architect or engineer as provided by section 153.01 of the Revised	570
Code in the cases to which that section applies nor affect or	571
alter the existing powers of the director of transportation.	572

(2) To have general supervision over the construction of any	573
projects, improvements, or public buildings constructed for a	574
state agency and over the inspection of materials previous to	575
their incorporation into those projects, improvements, or	576
buildings;	577

(3) To make contracts for and supervise the construction of	578
any projects and improvements or the construction and repair of	579
buildings under the control of a state agency, except contracts	580
for the repair of buildings under the management and control of	581
the departments of public safety, job and family services, mental	582
health, mental retardation and developmental disabilities,	583
rehabilitation and correction, and youth services, the bureau of	584
workers' compensation, the rehabilitation services commission, and	585
boards of trustees of educational and benevolent institutions.	586
These contracts shall be made and entered into by the directors of	587
public safety, job and family services, mental health, mental	588
retardation and developmental disabilities, rehabilitation and	589
correction, and youth services, the administrator of workers'	590
compensation, the rehabilitation services commission, and the	591
boards of trustees of such institutions, respectively. All such	592
contracts may be in whole or in part on unit price basis of	593
maximum estimated cost, with payment computed and made upon actual	594
quantities or units.	595

(4) To prepare and suggest comprehensive plans for the	596
development of grounds and buildings under the control of a state	597
agency;	598

(5) To acquire, by purchase, gift, devise, lease, or grant,	599
all real estate required by a state agency, in the exercise of	600
which power the department may exercise the power of eminent	601
domain, in the manner provided by sections 163.01 to 163.22 of the	602
Revised Code;	603

(6) To make and provide all plans, specifications, and models	604
for the construction and perfection of all systems of sewerage,	605
drainage, and plumbing for the state in connection with buildings	606
and grounds under the control of a state agency;	607

(7) To erect, supervise, and maintain all public monuments	608
and memorials erected by the state, except where the supervision	609
and maintenance is otherwise provided by law;	610

(8) To procure, by lease, storage accommodations for a state	611
agency;	612

(9) To lease or grant easements or licenses for unproductive	613
and unused lands or other property under the control of a state	614
agency. Such leases, easements, or licenses shall be granted for a	615
period not to exceed fifteen years and shall be executed for the	616
state by the director of administrative services and the governor	617
and shall be approved as to form by the attorney general, provided	618
that leases, easements, or licenses may be granted to any county,	619
township, municipal corporation, port authority, water or sewer	620
district, school district, library district, health district, park	621
district, soil and water conservation district, conservancy	622
district, or other political subdivision or taxing district, or	623
any agency of the United States government, for the exclusive use	624
of that agency, political subdivision, or taxing district, without	625
any right of sublease or assignment, for a period not to exceed	626
fifteen years, and provided that the director shall grant leases,	627
easements, or licenses of university land for periods not to	628
exceed twenty-five years for purposes approved by the respective	629
university's board of trustees wherein the uses are compatible	630
with the uses and needs of the university and may grant leases of	631
university land for periods not to exceed forty years for purposes	632
approved by the respective university's board of trustees pursuant	633
to section 123.77 of the Revised Code.	634

(10) To lease office space in buildings for the use of a	635
state agency;	636

(11) To have general supervision and care of the storerooms,	637
offices, and buildings leased for the use of a state agency;	638

(12) To exercise general custodial care of all real property	639
of the state;	640

(13) To assign and group together state offices in any city	641
in the state and to establish, in cooperation with the state	642
agencies involved, rules governing space requirements for office	643
or storage use;	644

(14) To lease for a period not to exceed forty years,	645
pursuant to a contract providing for the construction thereof	646
under a lease-purchase plan, buildings, structures, and other	647
improvements for any public purpose, and, in conjunction	648
therewith, to grant leases, easements, or licenses for lands under	649
the control of a state agency for a period not to exceed forty	650
years. The lease-purchase plan shall provide that at the end of	651
the lease period, the buildings, structures, and related	652
improvements, together with the land on which they are situated,	653
shall become the property of the state without cost.	654

(a) Whenever any building, structure, or other improvement is	655
to be so leased by a state agency, the department shall retain	656
either basic plans, specifications, bills of materials, and	657
estimates of cost with sufficient detail to afford bidders all	658
needed information or, alternatively, all of the following plans,	659
details, bills of materials, and specifications:	660

(i) Full and accurate plans suitable for the use of mechanics	661
and other builders in the improvement;	662

(ii) Details to scale and full sized, so drawn and	663
represented as to be easily understood;	664

(iii) Accurate bills showing the exact quantity of different	665
kinds of material necessary to the construction;	666

(iv) Definite and complete specifications of the work to be	667
performed, together with such directions as will enable a	668
competent mechanic or other builder to carry them out and afford	669
bidders all needed information;	670

(v) A full and accurate estimate of each item of expense and	671
of the aggregate cost thereof.	672

(b) The department shall give public notice, in such	673
newspaper, in such form, and with such phraseology as the director	674
of administrative services prescribes, published once each week	675
for four consecutive weeks, of the time when and place where bids	676
will be received for entering into an agreement to lease to a	677
state agency a building, structure, or other improvement. The last	678
publication shall be at least eight days preceding the day for	679
opening the bids. The bids shall contain the terms upon which the	680
builder would propose to lease the building, structure, or other	681
improvement to the state agency. The form of the bid approved by	682
the department shall be used, and a bid is invalid and shall not	683
be considered unless that form is used without change, alteration,	684
or addition. Before submitting bids pursuant to this section, any	685
builder shall comply with Chapter 153. of the Revised Code.	686

(c) On the day and at the place named for receiving bids for	687
entering into lease agreements with a state agency, the director	688
of administrative services shall open the bids and shall publicly	689
proceed immediately to tabulate the bids upon duplicate sheets. No	690
lease agreement shall be entered into until the bureau of workers'	691
compensation has certified that the person to be awarded the lease	692
agreement has complied with Chapter 4123. of the Revised Code,	693
until, if the builder submitting the lowest and best bid is a	694
foreign corporation, the secretary of state has certified that the	695
corporation is authorized to do business in this state, until, if	696
the builder submitting the lowest and best bid is a person	697
nonresident of this state, the person has filed with the secretary	698
of state a power of attorney designating the secretary of state as	699
its agent for the purpose of accepting service of summons in any	700
action brought under Chapter 4123. of the Revised Code, and until	701
the agreement is submitted to the attorney general and the	702
attorney general's approval is certified thereon. Within thirty	703
days after the day on which the bids are received, the department	704
shall investigate the bids received and shall determine that the	705
bureau and the secretary of state have made the certifications	706
required by this section of the builder who has submitted the	707
lowest and best bid. Within ten days of the completion of the	708
investigation of the bids, the department shall award the lease	709
agreement to the builder who has submitted the lowest and best bid	710
and who has been certified by the bureau and secretary of state as	711
required by this section. If bidding for the lease agreement has	712
been conducted upon the basis of basic plans, specifications,	713
bills of materials, and estimates of costs, upon the award to the	714
builder the department, or the builder with the approval of the	715
department, shall appoint an architect or engineer licensed in	716
this state to prepare such further detailed plans, specifications,	717
and bills of materials as are required to construct the building,	718
structure, or improvement. The department shall adopt such rules	719
as are necessary to give effect to this section. The department	720
may reject any bid. Where there is reason to believe there is	721
collusion or combination among bidders, the bids of those	722
concerned therein shall be rejected.	723

(15) To acquire by purchase, gift, devise, or grant and to	724
transfer, lease, or otherwise dispose of all real property	725
required to assist in the development of a conversion facility as	726
defined in section 5709.30 of the Revised Code as that section	727
existed before its repeal by H.B. 95 of the 125th general	728
assembly;	729

(16) To lease for a period not to exceed forty years,	730
notwithstanding any other division of this section, the	731
state-owned property located at 408-450 East Town Street,	732
Columbus, Ohio, formerly the state school for the deaf, to a	733
developer in accordance with this section. "Developer," as used in	734
this section, has the same meaning as in section 123.77 of the	735
Revised Code.	736

Such a lease shall be for the purpose of development of the	737
land for use by senior citizens by constructing, altering,	738
renovating, repairing, expanding, and improving the site as it	739
existed on June 25, 1982. A developer desiring to lease the land	740
shall prepare for submission to the department a plan for	741
development. Plans shall include provisions for roads, sewers,	742
water lines, waste disposal, water supply, and similar matters to	743
meet the requirements of state and local laws. The plans shall	744
also include provision for protection of the property by insurance	745
or otherwise, and plans for financing the development, and shall	746
set forth details of the developer's financial responsibility.	747

The department may employ, as employees or consultants,	748
persons needed to assist in reviewing the development plans. Those	749
persons may include attorneys, financial experts, engineers, and	750
other necessary experts. The department shall review the	751
development plans and may enter into a lease if it finds all of	752
the following:	753

(a) The best interests of the state will be promoted by	754
entering into a lease with the developer;	755

(b) The development plans are satisfactory;

756

(c) The developer has established the developer's financial	757
responsibility and satisfactory plans for financing the	758
development.	759

The lease shall contain a provision that construction or	760
renovation of the buildings, roads, structures, and other	761
necessary facilities shall begin within one year after the date of	762
the lease and shall proceed according to a schedule agreed to	763
between the department and the developer or the lease will be	764
terminated. The lease shall contain such conditions and	765
stipulations as the director considers necessary to preserve the	766
best interest of the state. Moneys received by the state pursuant	767
to this lease shall be paid into the general revenue fund. The	768
lease shall provide that at the end of the lease period the	769
buildings, structures, and related improvements shall become the	770
property of the state without cost.	771

(17) To lease to any person any tract of land owned by the	772
state and under the control of the department, or any part of such	773
a tract, for the purpose of drilling for or the pooling of oil or	774
gas. Such a lease shall be granted for a period not exceeding	775
forty years, with the full power to contract for, determine the	776
conditions governing, and specify the amount the state shall	777
receive for the purposes specified in the lease, and shall be	778
prepared as in other cases.	779

(18) Biennially implementTo manage the use of space owned	780
and controlled by the department, including space in property	781
under the jurisdiction of the Ohio building authority, by doing	782
all of the following:	783

(a) Biennially implementing, by state agency location, a	784
census of agency employees assigned space;	785

(19) Require(b) Periodically in the discretion of the	786
director of administrative services:	787

(i) Requiring each state agency to categorize periodically	788
the use of space allotted to the agency between office space,	789
common areas, storage space, and other uses, and to report its	790
findings to the department;	791

(20) Create(ii) Creating and update periodicallyupdating a	792
master space utilization plan for all space allotted to state	793
agencies. The plan shall incorporate space utilization metrics.	794

(21) Conduct periodically(iii) Conducting a cost-benefit	795
analysis to determine the effectiveness of state-owned buildings;	796

(22) Assess periodically(iv) Assessing the alternatives	797
associated with consolidating the commercial leases for buildings	798
located in Columbus;.	799

(23) Commission(c) Commissioning a comprehensive space	800
utilization and capacity study in order to determine the	801
feasibility of consolidating existing commercially leased space	802
used by state agencies into a new state-owned facility.	803

(B) This section and section 125.02 of the Revised Code shall	804
not interfere with any of the following:	805

(1) The power of the adjutant general to purchase military	806
supplies, or with the custody of the adjutant general of property	807
leased, purchased, or constructed by the state and used for	808
military purposes, or with the functions of the adjutant general	809
as director of state armories;	810

(2) The power of the director of transportation in acquiring	811
rights-of-way for the state highway system, or the leasing of	812
lands for division or resident district offices, or the leasing of	813
lands or buildings required in the maintenance operations of the	814
department of transportation, or the purchase of real property for	815
garage sites or division or resident district offices, or in	816
preparing plans and specifications for and constructing such	817
buildings as the director may require in the administration of the	818
department;	819

(3) The power of the director of public safety and the	820
registrar of motor vehicles to purchase or lease real property and	821
buildings to be used solely as locations to which a deputy	822
registrar is assigned pursuant to division (B) of section 4507.011	823
of the Revised Code and from which the deputy registrar is to	824
conduct the deputy registrar's business, the power of the director	825
of public safety to purchase or lease real property and buildings	826
to be used as locations for division or district offices as	827
required in the maintenance of operations of the department of	828
public safety, and the power of the superintendent of the state	829
highway patrol in the purchase or leasing of real property and	830
buildings needed by the patrol, to negotiate the sale of real	831
property owned by the patrol, to rent or lease real property owned	832
or leased by the patrol, and to make or cause to be made repairs	833
to all property owned or under the control of the patrol;	834

(4) The power of the division of liquor control in the	835
leasing or purchasing of retail outlets and warehouse facilities	836
for the use of the division;	837

(5) The power of the director of development to enter into	838
leases of real property, buildings, and office space to be used	839
solely as locations for the state's foreign offices to carry out	840
the purposes of section 122.05 of the Revised Code.	841

(C) Purchases for, and the custody and repair of, buildings	842
under the management and control of the capitol square review and	843
advisory board, the rehabilitation services commission, the bureau	844
of workers' compensation, or the departments of public safety, job	845
and family services, mental health, mental retardation and	846
developmental disabilities, and rehabilitation and correction, and	847
buildings of educational and benevolent institutions under the	848
management and control of boards of trustees, are not subject to	849
the control and jurisdiction of the department of administrative	850
services.	851

(D) Any instrument by which real property is acquired	852
pursuant to this section shall identify the agency of the state	853
that has the use and benefit of the real property as specified in	854
section 5301.012 of the Revised Code.	855

Sec. 123.10. (A) The director of administrative services	856
shall regulate the rate of tolls to be collected on the public	857
works of the state, and shall fix all rentals and collect all	858
tolls, rents, fines, commissions, fees, and other revenues arising	859
from any source in the public works, including the sale,	860
construction, purchase, or rental of property.	861

(B) There is hereby created in the state treasury the state	862
architect's fund which shall consist of money received by the	863
department of administrative services under division (A) of this	864
section, transfers of money to the fund authorized by the general	865
assembly, and such percentageamount of the investment earnings of	866
the administrative building fund created in division (C) of this	867
section 152.101 of the Revised Code as the director of budget and	868
management determines to be appropriate and in excess of the	869
amounts required to meet estimated federal arbitrage rebate	870
requirements. Money in the fund shall be used by the department of	871
administrative services for the following purposes:	872

(1) To pay personnel and other administrative expenses of the	873
department;	874

(2) To pay the cost of conducting evaluations of public	875
works;	876

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

877

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

878

(5) Any other purposes that the director of administrative	879
services determines to be necessary for the department to execute	880
its duties under this chapter.	881

(C) There is hereby created in the state treasury the	882
administrative building fund which shall consist of proceeds of	883
obligations authorized to pay the cost of capital facilities.	884
Except as provided in division (B) of this section, all investment	885
earnings of the fund shall be credited to the fund. The fund shall	886
be used to pay the cost of capital facilities designated by or	887
pursuant to an act of the general assembly. The director of budget	888
and management shall approve and provide a voucher for payments of	889
amounts from the fund that represent the portion of investment	890
earnings to be rebated or to be paid to the federal government in	891
order to maintain the exclusion from gross income for federal	892
income tax purposes on interest on those obligations pursuant to	893
section 148(f) of the Internal Revenue Code.	894

As used in this division, "capital facilities" has the same	895
meaning as under section 152.09 of the Revised Code.	896

Sec. 124.15.  (A) Board and commission members appointed	897
prior to July 1, 1991, shall be paid a salary or wage in	898
accordance with the following schedules of rates:	899

Schedule B

900

Pay Ranges and Step Values

901

Schedule C

986

Pay Range and Values

987

(B) The pay schedule of all employees shall be on a biweekly	1007
basis, with amounts computed on an hourly basis.	1008

(C) Part-time employees shall be compensated on an hourly	1009
basis for time worked, at the rates shown in division (A) of this	1010
section or in section 124.152 of the Revised Code.	1011

(D) The salary and wage rates in division (A) of this section	1012
or in section 124.152 of the Revised Code represent base rates of	1013
compensation and may be augmented by the provisions of section	1014
124.181 of the Revised Code. In those cases where lodging, meals,	1015
laundry, or other personal services are furnished an employee, the	1016
actual costs or fair market value of the personal services shall	1017
be paid by the employee in such amounts and manner as determined	1018
by the director of administrative services and approved by the	1019
director of budget and management, and those personal services	1020
shall not be considered as a part of the employee's compensation.	1021
An appointing authority, with the approval of the director of	1022
administrative services and the director of budget and management,	1023
may establish payments to employees for uniforms, tools,	1024
equipment, and other requirements of the department and payments	1025
for the maintenance of them.	1026

The director of administrative services may review collective	1027
bargaining agreements entered into under Chapter 4117. of the	1028
Revised Code that cover state employees and determine whether	1029
certain benefits or payments provided to state employees covered	1030
by those agreements should also be provided to employees who are	1031
exempt from collective bargaining coverage and are paid in	1032
accordance with section 124.152 of the Revised Code or are listed	1033
in division (B)(2) or (4) of section 124.14 of the Revised Code.	1034
On completing the review, the director of administrative services,	1035
with the approval of the director of budget and management, may	1036
provide to some or all of these employees any payment or benefit,	1037
except for salary, contained in such a collective bargaining	1038
agreement even if it is similar to a payment or benefit already	1039
provided by law to some or all of these employees. Any payment or	1040
benefit so provided shall not exceed the highest level for that	1041
payment or benefit specified in such a collective bargaining	1042
agreement. The director of administrative services shall not	1043
provide, and the director of budget and management shall not	1044
approve, any payment or benefit to such an employee under this	1045
division unless the payment or benefit is provided pursuant to a	1046
collective bargaining agreement to a state employee who is in a	1047
position with similar duties as, is supervised by, or is employed	1048
by the same appointing authority as, the employee to whom the	1049
benefit or payment is to be provided.	1050

As used in this division, "payment or benefit already	1051
provided by law" includes, but is not limited to, bereavement,	1052
personal, vacation, administrative, and sick leave, disability	1053
benefits, holiday pay, and pay supplements provided under the	1054
Revised Code, but does not include wages or salary.	1055

(E) New employees paid underin accordance with schedule B of	1056
division (A) of this section or under schedule E-1 of section	1057
124.152 of the Revised Code shall be employed at the minimum rate	1058
established for the range unless otherwise provided. Employees	1059
with qualifications that are beyond the minimum normally required	1060
for the position and that are determined by the director to be	1061
exceptional may be employed in, or may be transferred or promoted	1062
to, a position at an advanced step of the range. Further, in time	1063
of a serious labor market condition when it is relatively	1064
impossible to recruit employees at the minimum rate for a	1065
particular classification, the entrance rate may be set at an	1066
advanced step in the range by the director of administrative	1067
services. This rate may be limited to geographical regions of the	1068
state. Appointments made to an advanced step under the provision	1069
regarding exceptional qualifications shall not affect the step	1070
assignment of employees already serving. However, anytime the	1071
hiring rate of an entire classification is advanced to a higher	1072
step, all incumbents of that classification being paid at a step	1073
lower than that being used for hiring, shall be advanced beginning	1074
at the start of the first pay period thereafter to the new hiring	1075
rate, and any time accrued at the lower step will be used to	1076
calculate advancement to a succeeding step. If the hiring rate of	1077
a classification is increased for only a geographical region of	1078
the state, only incumbents who work in that geographical region	1079
shall be advanced to a higher step. When an employee in the	1080
unclassified service changes from one state position to another or	1081
is appointed to a position in the classified service, or if an	1082
employee in the classified service is appointed to a position in	1083
the unclassified service, the employee's salary or wage in the new	1084
position shall be determined in the same manner as if the employee	1085
were an employee in the classified service. When an employee in	1086
the unclassified service who is not eligible for step increases is	1087
appointed to a classification in the classified service under	1088
which step increases are provided, future step increases shall be	1089
based on the date on which the employee last received a pay	1090
increase. If the employee has not received an increase during the	1091
previous year, the date of the appointment to the classified	1092
service shall be used to determine the employee's annual step	1093
advancement eligibility date. In reassigning any employee to a	1094
classification resulting in a pay range increase or to a new pay	1095
range as a result of a promotion, an increase pay range	1096
adjustment, or other classification change resulting in a pay	1097
range increase, the director shall assign such employee to the	1098
step in the new pay range that will provide an increase of	1099
approximately four per cent if the new pay range can accommodate	1100
the increase. When an employee is being assigned to a	1101
classification or new pay range as the result of a class plan	1102
change, if the employee has completed a probationary period, the	1103
employee shall be placed in a step no lower than step two of the	1104
new pay range. If the employee has not completed a probationary	1105
period, the employee may be placed in step one of the new pay	1106
range. Such new salary or wage shall become effective on such date	1107
as the director determines.	1108

(F) If employment conditions and the urgency of the work	1109
require such action, the director of administrative services may,	1110
upon the application of a department head, authorize payment at	1111
any rate established within the range for the class of work, for	1112
work of a casual or intermittent nature or on a project basis.	1113
Payment at such rates shall not be made to the same individual for	1114
more than three calendar months in any one calendar year. Any such	1115
action shall be subject to the approval of the director of budget	1116
and management as to the availability of funds. This section and	1117
sections 124.14 and 124.152 of the Revised Code do not repeal any	1118
authority of any department or public official to contract with or	1119
fix the compensation of professional persons who may be employed	1120
temporarily for work of a casual nature or for work on a project	1121
basis.	1122

(G)(1) Except as provided in division (G)(2) of this section,	1123
each state employee paid underin accordance with schedule B of	1124
this section or under schedule E-1 of section 124.152 of the	1125
Revised Code shall be eligible for advancement to succeeding steps	1126
in the range for the employee's class or grade according to the	1127
schedule established in this division. Beginning on the first day	1128
of the pay period within which the employee completes the	1129
prescribed probationary period in the employee's classification	1130
with the state, each employee shall receive an automatic salary	1131
adjustment equivalent to the next higher step within the pay range	1132
for the employee's class or grade.	1133

Each employee paid underin accordance with schedule E-1 of	1134
section 124.152 of the Revised Code shall be eligible to advance	1135
to the next higher step until the employee reaches step sixthe	1136
top step in the range for the employee's class or grade, if the	1137
employee has maintained satisfactory performance in accordance	1138
with criteria established by the employee's appointing authority.	1139
Those step advancements shall not occur more frequently than once	1140
in any twelve-month period. An employee only may advance to step	1141
seven upon performing at an exemplary level as determined in the	1142
employee's performance evaluation. An employee's advancement to	1143
step seven is at the discretion of the employee's appointing	1144
authority. An employee may not appeal the denial of advancement to	1145
step seven to the state personnel board of review.	1146

When an employee is promoted or reassigned to a higher pay	1147
range, the employee's step indicator shall return to "0" or be	1148
adjusted to account for a probationary period, as appropriate.	1149
Step advancement shall not be affected by demotion. A promoted	1150
employee shall advance to the next higher step of the pay range on	1151
the first day of the pay period in which the required probationary	1152
period is completed. Step advancement shall become effective at	1153
the beginning of the pay period within which the employee attains	1154
the necessary length of service. Time spent on authorized leave of	1155
absence shall be counted for this purpose.	1156

If determined to be in the best interest of the state	1157
service, the director of administrative services may, either	1158
statewide or in selected agencies, adjust the dates on which	1159
annual step advancements are received by employees paid underin	1160
accordance with schedule E-1 of section 124.152 of the Revised	1161
Code.	1162

(2)(a)(i) Except as provided in division (G)(2)(a)(ii) of	1163
this section, there shall be a moratorium on step advancements	1164
under division (G)(1) of this section from the pay period	1165
beginning June 29, 2003, through the pay period ending June 25,	1166
2005. Step advancements shall resume with the pay period beginning	1167
June 26, 2005. Upon the resumption of step advancements, there	1168
shall be no retroactive step advancements for the period the	1169
moratorium was in effect. The moratorium shall not affect an	1170
employee's performance evaluation schedule.	1171

(ii) During the moratorium under division (G)(2)(a)(i) of	1172
this section, an employee who is hired or promoted and serves a	1173
probationary period in the employee's new position shall advance	1174
to the next step in the employee's pay range upon successful	1175
completion of the employee's probationary period. Thereafter, the	1176
employee is subject to the moratorium.	1177

(b) The moratorium under division (G)(2)(a)(i) of this	1178
section shall apply to the employees of the secretary of state,	1179
the auditor of state, the treasurer of state, and the attorney	1180
general, who are subject to this section unless the secretary of	1181
state, the auditor of state, the treasurer of state, or the	1182
attorney general decides to exempt the office's employees from the	1183
moratorium and so notifies the director of administrative services	1184
in writing on or before July 1, 2003.	1185

(H) Employees in appointive managerial or professional	1186
positions paid under salaryin accordance with schedule C of this	1187
section or under salary schedule E-2 of section 124.152 of the	1188
Revised Code may be appointed at any rate within the appropriate	1189
pay range. This rate of pay may be adjusted higher or lower within	1190
the respective pay range at any time the appointing authority so	1191
desires as long as the adjustment is based on the employee's	1192
ability to successfully administer those duties assigned to the	1193
employee. Salary adjustments shall not be made more frequently	1194
than once in any six-month period under this provision to	1195
incumbents holding the same position and classification.	1196

(I) When an employee is assigned to duty outside this state,	1197
the employee may be compensated, upon request of the department	1198
head and with the approval of the director of administrative	1199
services, at a rate not to exceed fifty per cent in excess of the	1200
employee's current base rate for the period of time spent on that	1201
duty.	1202

(J) Unless compensation for members of a board or commission	1203
is otherwise specifically provided by law, the director of	1204
administrative services shall establish the rate and method of	1205
payment for members of boards and commissions pursuant to the pay	1206
schedules listed in section 124.152 of the Revised Code.	1207

(K) Regular full-time employees in positions assigned to	1208
classes within the instruction and education administration series	1209
under the rules of the director of administrative services, except	1210
certificated employees on the instructional staff of the state	1211
school for the blind or the state school for the deaf, whose	1212
positions are scheduled to work on the basis of an academic year	1213
rather than a full calendar year, shall be paid according to the	1214
pay range assigned by such rules but only during those pay periods	1215
included in the academic year of the school where the employee is	1216
located.	1217

(1) Part-time or substitute teachers or those whose period of	1218
employment is other than the full academic year shall be	1219
compensated for the actual time worked at the rate established by	1220
this section.	1221

(2) Employees governed by this division are exempt from	1222
sections 124.13 and 124.19 of the Revised Code.	1223

(3) Length of service for the purpose of determining	1224
eligibility for step advancements as provided by division (G) of	1225
this section and for the purpose of determining eligibility for	1226
longevity pay supplements as provided by division (E) of section	1227
124.181 of the Revised Code shall be computed on the basis of one	1228
full year of service for the completion of each academic year.	1229

(L) The superintendent of the state school for the deaf and	1230
the superintendent of the state school for the blind shall,	1231
subject to the approval of the superintendent of public	1232
instruction, carry out both of the following:	1233

(1) Annually, between the first day of April and the last day	1234
of June, establish for the ensuing fiscal year a schedule of	1235
hourly rates for the compensation of each certificated employee on	1236
the instructional staff of that superintendent's respective school	1237
constructed as follows:	1238

(a) Determine for each level of training, experience, and	1239
other professional qualification for which an hourly rate is set	1240
forth in the current schedule, the per cent that rate is of the	1241
rate set forth in such schedule for a teacher with a bachelor's	1242
degree and no experience. If there is more than one such rate for	1243
such a teacher, the lowest rate shall be used to make the	1244
computation.	1245

(b) Determine which six city, local, and exempted village	1246
school districts with territory in Franklin county have in effect	1247
on, or have adopted by, the first day of April for the school year	1248
that begins on the ensuing first day of July, teacher salary	1249
schedules with the highest minimum salaries for a teacher with a	1250
bachelor's degree and no experience;	1251

(c) Divide the sum of such six highest minimum salaries by	1252
ten thousand five hundred sixty;	1253

(d) Multiply each per cent determined in division (L)(1)(a)	1254
of this section by the quotient obtained in division (L)(1)(c) of	1255
this section;	1256

(e) One hundred five per cent of each product thus obtained	1257
shall be the hourly rate for the corresponding level of training,	1258
experience, or other professional qualification in the schedule	1259
for the ensuing fiscal year.	1260

(2) Annually, assign each certificated employee on the	1261
instructional staff of the superintendent's respective school to	1262
an hourly rate on the schedule that is commensurate with the	1263
employee's training, experience, and other professional	1264
qualifications.	1265

If an employee is employed on the basis of an academic year,	1266
the employee's annual salary shall be calculated by multiplying	1267
the employee's assigned hourly rate times one thousand seven	1268
hundred sixty. If an employee is not employed on the basis of an	1269
academic year, the employee's annual salary shall be calculated in	1270
accordance with the following formula:	1271

(a) Multiply the number of days the employee is required to	1272
work pursuant to the employee's contract by eight;	1273

(b) Multiply the product of division (L)(2)(a) of this	1274
section by the employee's assigned hourly rate.	1275

Each employee shall be paid an annual salary in biweekly	1276
installments. The amount of each installment shall be calculated	1277
by dividing the employee's annual salary by the number of biweekly	1278
installments to be paid during the year.	1279

Sections 124.13 and 124.19 of the Revised Code do not apply	1280
to an employee who is paid under this division.	1281

As used in this division, "academic year" means the number of	1282
days in each school year that the schools are required to be open	1283
for instruction with pupils in attendance. Upon completing an	1284
academic year, an employee paid under this division shall be	1285
deemed to have completed one year of service. An employee paid	1286
under this division is eligible to receive a pay supplement under	1287
division (L)(1), (2), or (3) of section 124.181 of the Revised	1288
Code for which the employee qualifies, but is not eligible to	1289
receive a pay supplement under division (L)(4) or (5) of that	1290
section. An employee paid under this division is eligible to	1291
receive a pay supplement under division (L)(6) of section 124.181	1292
of the Revised Code for which the employee qualifies, except that	1293
the supplement is not limited to a maximum of five per cent of the	1294
employee's regular base salary in a calendar year.	1295

(M) Division (A) of this section does not apply to "exempt	1296
employees," as defined in section 124.152 of the Revised Code, who	1297
are paid under that section.	1298

Notwithstanding any other provisions of this chapter, when an	1299
employee transfers between bargaining units or transfers out of or	1300
into a bargaining unit, the director shall establish the	1301
employee's compensation and adjust the maximum leave accrual	1302
schedule as the director deems equitable.	1303

Sec. 124.152.  (A)(1) Except as provided in divisions (A)(2)	1304
and (3) of this section, each exempt employee shall be paid a	1305
salary or wage in accordance with schedule E-1 or schedule E-2 of	1306
division (B) or (C) of this section.	1307

(2) Each exempt employee who holds a position in the	1308
unclassified civil service pursuant to division (A)(26) or (30) of	1309
section 124.11 of the Revised Code may be paid a salary or wage in	1310
accordance with schedule E-1, schedule E-1 for step seven only, or	1311
schedule E-2 of division (B), (C), (D), or (E) of this section, as	1312
applicable.	1313

(3)(a) Except as provided in division (A)(3)(b) of this	1314
section, each exempt employee who was paid a salary or wage at	1315
step 7 in the employee's pay range on June 28, 2003, in accordance	1316
with the applicable schedule E-1 of former section 124.152 of the	1317
Revised Code and who continued to be so paid on June 29, 2003,	1318
shall be paid a salary or wage in the corresponding pay range in	1319
schedule E-1 for step seven only of division (D) or (E) of this	1320
section for as long as the employee remains in the position the	1321
employee held as of July 1, 2003.	1322

(b) Except as provided in division (A)(3)(c) of this section,	1323
if an exempt employee who is being paid a salary or wage in	1324
accordance with schedule E-1 for step seven only of division (D)	1325
or (E) of this section moves to another position, the employee	1326
shall not receive a salary or wage for that position or any other	1327
position in the future in accordance with that schedule.	1328

(c) If an exempt employee who is being paid a salary or wage	1329
in accordance with schedule E-1 for step seven only of division	1330
(D) or (E) of this section moves to another position assigned to	1331
pay range 12 or above, the appointing authority has the discretion	1332
to assign the employee to be paid a salary or wage in the	1333
appropriate pay range for that position in accordance with	1334
schedule E-1 for step seven only, provided that the appointing	1335
authority so notifies the director of administrative services in	1336
writing at the time the employee is appointed to that position.	1337

(B) Beginning on the first day of the pay period that	1338
includes July 1, 2002, each exempt employee who must be paid in	1339
accordance with schedule E-1 or schedule E-2 of this section shall	1340
be paid a salary or wage in accordance with the following schedule	1341
of rates:	1342

Schedule E-1

1343

Pay Ranges and Step Values

1344

Schedule E-2

1383

(B)(C) Beginning on the first day of the pay period that	1403
includes July 1, 2005, each exempt employee who must be paid in	1404
accordance with schedule E-1 or schedule E-2 of this section shall	1405
be paid a salary or wage in accordance with the following schedule	1406
of rates:	1407

Schedule E-1

1408

Pay Ranges and Step Values

1409

Schedule E-2

1448

(D) Beginning on the first day of the pay period that	1468
includes July 1, 2003, each exempt employee who must be paid in	1469
accordance with schedule E-1 for step seven only shall be paid a	1470
salary or wage in accordance with the following schedule of rates:	1471

Schedule E-1 for Step Seven Only

1472

Pay Ranges and Step Seven Values

1473

(E) Beginning on the first day of the pay period that	1489
includes July 1, 2005, each exempt employee who must be paid in	1490
accordance with schedule E-1 for step seven only shall be paid a	1491
salary or wage in accordance with the following schedule of rates:	1492

Schedule E-1 for Step Seven Only

1493

Pay Ranges and Step Seven Values

1494

(C)(F) As used in this section, "exempt employee" means a	1510
permanent full-time or permanent part-time employee paid directly	1511
by warrant of the auditor of state whose position is included in	1512
the job classification plan established under division (A) of	1513
section 124.14 of the Revised Code but who is not considered a	1514
public employee for the purposes of Chapter 4117. of the Revised	1515
Code. As used in this section, "exempt employee" also includes a	1516
permanent full-time or permanent part-time employee of the	1517
secretary of state, auditor of state, treasurer of state, or	1518
attorney general who has not been placed in an appropriate	1519
bargaining unit by the state employment relations board.	1520

Sec. 124.181.  (A) Except as provided in division (M) of this	1521
section, any employee paid underin accordance with schedule B of	1522
section 124.15 or under schedule E-1 or schedule E-1 for step	1523
seven only of section 124.152 of the Revised Code is eligible for	1524
the pay supplements provided in this section upon application by	1525
the appointing authority substantiating the employee's	1526
qualifications for the supplement and with the approval of the	1527
director of administrative services except as provided in division	1528
(E) of this section.	1529

(B)(1) Except as provided in section 124.183 of the Revised	1530
Code, in computing any of the pay supplements provided in this	1531
section for an employee paid in accordance with schedule B of	1532
section 124.15 of the Revised Code, the classification salary base	1533
shall be the minimum hourly rate of the pay range, provided in	1534
that section 124.15 or 124.152 of the Revised Code, in which the	1535
employee is assigned at the time of computation.	1536

(2) Except as provided in section 124.183 of the Revised	1537
Code, in computing any of the pay supplements provided in this	1538
section for an employee paid in accordance with schedule E-1 of	1539
section 124.152 of the Revised Code, the classification salary	1540
base shall be the minimum hourly rate of the pay range, provided	1541
in that section, in which the employee is assigned at the time of	1542
computation.	1543

(3) Except as provided in section 124.183 of the Revised	1544
Code, in computing any of the pay supplements provided in this	1545
section for an employee paid in accordance with schedule E-1 for	1546
step seven only of section 124.152 of the Revised Code, the	1547
classification salary base shall be the minimum hourly rate in the	1548
corresponding pay range, provided in schedule E-1 of that section,	1549
to which the employee is assigned at the time of the computation.	1550

(C) The effective date of any pay supplement, except as	1551
provided in section 124.183 of the Revised Code or unless	1552
otherwise provided in this section, shall be determined by the	1553
director.	1554

(D) The director shall, by rule, establish standards	1555
regarding the administration of this section.	1556

(E)(1) Except as otherwise provided in this division,	1557
beginning on the first day of the pay period within which the	1558
employee completes five years of total service with the state	1559
government or any of its political subdivisions, each employee in	1560
positions paid under salaryin accordance with schedule B of	1561
section 124.15 of the Revised Code or under salaryin accordance	1562
with schedule E-1 or schedule E-1 for step seven only of section	1563
124.152 of the Revised Code shall receive an automatic salary	1564
adjustment equivalent to two and one-half per cent of the	1565
classification salary base, to the nearest whole cent. Each	1566
employee shall receive thereafter an annual adjustment equivalent	1567
to one-half of one per cent of the employee's classification	1568
salary base, to the nearest whole cent, for each additional year	1569
of qualified employment until a maximum of ten per cent of the	1570
employee's classification salary base is reached. The granting of	1571
longevity adjustments shall not be affected by promotion,	1572
demotion, or other changes in classification held by the employee,	1573
nor by any change in pay range for the employee's class or grade.	1574
Longevity pay adjustments shall become effective at the beginning	1575
of the pay period within which the employee completes the	1576
necessary length of service, except that when an employee requests	1577
credit for prior service, the effective date of the prior service	1578
credit and of any longevity adjustment shall be the first day of	1579
the pay period following approval of the credit by the director of	1580
administrative services. No employee, other than an employee who	1581
submits proof of prior service within ninety days after the date	1582
of the employee's hiring, shall receive any longevity adjustment	1583
for the period prior to the director's approval of a prior service	1584
credit. Time spent on authorized leave of absence shall be counted	1585
for this purpose.	1586

(2) An employee who has retired in accordance with the	1587
provisions of any retirement system offered by the state and who	1588
is employed by the state or any political subdivision of the state	1589
on or after June 24, 1987, shall not have prior service with the	1590
state or any political subdivision of the state counted for the	1591
purpose of determining the amount of the salary adjustment	1592
provided under this division.	1593

(3) There shall be a moratorium on employees' receipt under	1594
this division of credit for service with the state government or	1595
any of its political subdivisions during the period from July 1,	1596
2003, through June 30, 2005. In calculating the number of years of	1597
total service under this division, no credit shall be included for	1598
service during the moratorium. The moratorium shall apply to the	1599
employees of the secretary of state, the auditor of state, the	1600
treasurer of state, and the attorney general, who are subject to	1601
this section unless the secretary of state, the auditor of state,	1602
the treasurer of state, or the attorney general decides to exempt	1603
the office's employees from the moratorium and so notifies the	1604
director of administrative services in writing on or before July	1605
1, 2003.	1606

If an employee is exempt from the moratorium, receives credit	1607
for a period of service during the moratorium, and takes a	1608
position with another entity in the state government or any of its	1609
political subdivisions, either during or after the moratorium, and	1610
if that entity's employees are or were subject to the moratorium,	1611
the employee shall continue to retain the credit. However, if the	1612
moratorium is in effect upon the taking of the new position, the	1613
employee shall cease receiving additional credit as long as the	1614
employee is in the position, until the moratorium expires.	1615

(F) When an exceptional condition exists that creates a	1616
temporary or a permanent hazard for one or more positions in a	1617
class paid underin accordance with schedule B of section 124.15	1618
of the Revised Code or under salaryin accordance with schedule	1619
E-1 or schedule E-1 for step seven only of section 124.152 of the	1620
Revised Code, a special hazard salary adjustment may be granted	1621
for the time the employee is subjected to the hazardous condition.	1622
All special hazard conditions shall be identified for each	1623
position and incidence from information submitted to the director	1624
on an appropriate form provided by the director and categorized	1625
into standard conditions of: some unusual hazard not common to the	1626
class; considerable unusual hazard not common to the class; and	1627
exceptional hazard not common to the class.	1628

(1) A hazardous salary adjustment of five per cent of the	1629
employee's classification salary base may be applied in the case	1630
of some unusual hazardous condition not common to the class for	1631
those hours worked, or a fraction thereofof those hours worked,	1632
while the employee was subject to the unusual hazard condition.	1633

(2) A hazardous salary adjustment of seven and one-half per	1634
cent of the employee's classification salary base may be applied	1635
in the case of some considerable hazardous condition not common to	1636
the class for those hours worked, or a fraction thereofof those	1637
hours worked, while the employee was subject to the considerable	1638
hazard condition.	1639

(3) A hazardous salary adjustment of ten per cent of the	1640
employee's classification salary base may be applied in the case	1641
of some exceptional hazardous condition not common to the class	1642
for those hours worked, or a fraction thereofof those hours	1643
worked, when the employee was subject to the exceptional hazard	1644
condition.	1645

(4) Each claim for temporary hazard pay shall be submitted as	1646
a separate payment and shall be subject to an administrative audit	1647
by the director as to the extent and duration of the employee's	1648
exposure to the hazardous condition.	1649

(G) When a full-time employee whose salary or wage is paid	1650
directly by warrant of the auditor of state and who also is	1651
eligible for overtime under the "Fair Labor Standards Act of	1652
1938," 52 Stat. 1060, 29 U.S.C.A. 207, 213, as amended, is ordered	1653
by the appointing authority to report back to work after	1654
termination of the employee's regular work schedule and the	1655
employee reports, the employee shall be paid for such time. The	1656
employee shall be entitled to four hours at the employee's total	1657
rate of pay or overtime compensation for the actual hours worked,	1658
whichever is greater. This division does not apply to work that is	1659
a continuation of or immediately preceding an employee's regular	1660
work schedule.	1661

(H) When a certain position or positions paid underin	1662
accordance with schedule B of section 124.15 of the Revised Code	1663
or under salaryin accordance with schedule E-1 or schedule E-1	1664
for step seven only of section 124.152 of the Revised Code require	1665
the ability to speak or write a language other than English, a	1666
special pay supplement may be granted to attract bilingual	1667
individuals, to encourage present employees to become proficient	1668
in other languages, or to retain qualified bilingual employees.	1669
The bilingual pay supplement provided in this division may be	1670
granted in the amount of five per cent of the employee's	1671
classification salary base for each required foreign language and	1672
shall remain in effect as long as the bilingual requirement	1673
exists.	1674

(I) The director may establish a shift differential for	1675
employees. SuchThe differential shall be paid to employees in	1676
positions working in other than the regular or first shift. In	1677
those divisions or agencies where only one shift prevails, no	1678
shift differential shall be paid regardless of the hours of the	1679
day that are worked. The director and the appointing authority	1680
shall designate which positions shall be covered by this division.	1681

(J) Whenever an employee is assigned to work in a higher	1682
level position for a continuous period of more than two weeks but	1683
no more than two years because of a vacancy, the employee's pay	1684
may be established at a rate that is approximately four per cent	1685
above the employee's current base rate for the period the employee	1686
occupies the position, provided that this temporary occupancy is	1687
approved by the director. Employees paid under this division shall	1688
continue to receive any of the pay supplements due them under	1689
other divisions of this section based on the step one base rate	1690
for their normal classification.	1691

(K) If a certain position, or positions, within a class paid	1692
underin accordance with schedule B of section 124.15 of the	1693
Revised Code or under salaryin accordance with schedule E-1 or	1694
schedule E-1 for step seven only of section 124.152 of the Revised	1695
Code are mandated by state or federal law or regulation or other	1696
regulatory agency or other certification authority to have special	1697
technical certification, registration, or licensing to perform the	1698
functions which are under the mandate, a special professional	1699
achievement pay supplement may be granted. This special	1700
professional achievement pay supplement shall not be granted when	1701
all incumbents in all positions in a class require a license as	1702
provided in the classification description published by the	1703
department of administrative services; to licensees where no	1704
special or extensive training is required; when certification is	1705
granted upon completion of a stipulated term of in-service	1706
training; when an appointing authority has required certification;	1707
or any other condition prescribed by the director.	1708

(1) Before this supplement may be applied, evidence as to the	1709
requirement must be provided by the agency for each position	1710
involved, and certification must be received from the director as	1711
to the director's concurrence for each of the positions so	1712
affected.	1713

(2) The professional achievement pay supplement provided in	1714
this division shall be granted in an amount up to ten per cent of	1715
the employee's classification salary base and shall remain in	1716
effect as long as the mandate exists.	1717

(L) Those employees assigned to teaching supervisory,	1718
principal, assistant principal, or superintendent positions who	1719
have attained a higher educational level than a basic bachelor's	1720
degree may receive an educational pay supplement to remain in	1721
effect as long as the employee's assignment and classification	1722
remain the same.	1723

(1) An educational pay supplement of two and one-half per	1724
cent of the employee's classification salary base may be applied	1725
upon the achievement of a bachelor's degree plus twenty quarter	1726
hours of postgraduate work.	1727

(2) An educational pay supplement of an additional five per	1728
cent of the employee's classification salary base may be applied	1729
upon achievement of a master's degree.	1730

(3) An educational pay supplement of an additional two and	1731
one-half per cent of the employee's classification salary base may	1732
be applied upon achievement of a master's degree plus thirty	1733
quarter hours of postgraduate work.	1734

(4) An educational pay supplement of five per cent of the	1735
employee's classification salary base may be applied when the	1736
employee is performing as a master teacher.	1737

(5) An educational pay supplement of five per cent of the	1738
employee's classification salary base may be applied when the	1739
employee is performing as a special education teacher.	1740

(6) Those employees in teaching supervisory, principal,	1741
assistant principal, or superintendent positions who are	1742
responsible for specific extracurricular activity programs shall	1743
receive overtime pay for those hours worked in excess of their	1744
normal schedule, at their straight time hourly rate up to a	1745
maximum of five per cent of their regular base salary in any	1746
calendar year.	1747

(M)(1) A state agency, board, or commission may establish a	1748
supplementary compensation schedule for those licensed physicians	1749
employed by the agency, board, or commission in positions	1750
requiring a licensed physician. The supplementary compensation	1751
schedule, together with the compensation otherwise authorized by	1752
this chapter, shall provide for the total compensation for these	1753
employees to range appropriately, but not necessarily uniformly,	1754
for each classification title requiring a licensed physician, in	1755
accordance with a schedule approved by the state controlling	1756
board. The individual salary levels recommended for each such	1757
physician employed shall be approved by the director.	1758
Notwithstanding section 124.11 of the Revised Code, such personnel	1759
are in the unclassified civil service.	1760

(2) The director of administrative services may approve	1761
supplementary compensation for the director of health, if the	1762
director is a licensed physician, in accordance with a	1763
supplementary compensation schedule approved under division (M)(1)	1764
of this section or in accordance with another supplementary	1765
compensation schedule the director of administrative services	1766
considers appropriate. The supplementary compensation shall not	1767
exceed twenty per cent of the director of health's base rate of	1768
pay.	1769

(N) Notwithstanding sections 117.28, 117.30, 117.33, 117.36,	1770
117.42, and 131.02 of the Revised Code, the state shall not	1771
institute any civil action to recover and shall not seek	1772
reimbursement for overpayments made in violation of division (E)	1773
of this section or division (C) of section 9.44 of the Revised	1774
Code for the period starting after June 24, 1987, and ending on	1775
October 31, 1993.	1776

(O) Employees of the office of the treasurer of state who are	1777
exempt from collective bargaining coverage may be granted a merit	1778
pay supplement of up to one and one-half per cent of their step	1779
rate. The rate at which this supplement is granted shall be based	1780
on performance standards established by the treasurer of state.	1781
Any supplements granted under this division shall be administered	1782
on an annual basis.	1783

Sec. 124.183.  (A) As used in this section, "active payroll"	1784
means when an employee is actively working; on military, worker's	1785
workers' compensation, occupational injury, or disability leave;	1786
or on an approved leave of absence.	1787

(B)(1) Each permanent employee paid underin accordance with	1788
schedule E-1 of section 124.152 of the Revised Code who was	1789
appointed on or before March 6, 2003, and isremains continuously	1790
on the active payroll as ofthrough November 14, 2004, shall	1791
receive a one-time pay supplement. The supplement shall be a two	1792
per cent lump sum payment that is based on the annualization of	1793
the top step of the pay range in schedule E-1 that the employee is	1794
in on November 14, 2004.	1795

(2) Each permanent employee paid in accordance with schedule	1796
E-1 for step seven only of section 124.152 of the Revised Code who	1797
was appointed on or before March 6, 2003, and remains continuously	1798
on the active payroll through November 14, 2004, shall receive a	1799
one-time pay supplement. The supplement shall be a two per cent	1800
lump sum payment that is based on the annualization of step 6 of	1801
the pay range in schedule E-1 of section 124.152 of the Revised	1802
Code that corresponds with the pay range in schedule E-1 for step	1803
seven only that the employee is in on November 14, 2004.	1804

(3) Each permanent employee paid under schedule E-2 of	1805
section 124.152 of the Revised Code who was appointed on or before	1806
March 6, 2003, and isremains continuously on the active payroll	1807
as ofthrough November 14, 2004, shall receive a one-time pay	1808
supplement. The supplement shall be a two per cent lump sum	1809
payment that is based upon the annualization of the maximum hourly	1810
rate of the pay range in schedule E-2 that the employee is in on	1811
November 14, 2004.	1812

(C) Each permanent employee who is exempt from collective	1813
bargaining, is not covered by division (B) of this section, was	1814
appointed on or before March 6, 2003, and isremains continuously	1815
on the active payroll as ofthrough November 14, 2004, shall	1816
receive a one-time pay supplement. The supplement shall be a two	1817
per cent lump sum payment that is based upon the annualization of	1818
the base rate of the employee's pay on November 14, 2004.	1819

(D) A part-time employee who is eligible to receive a	1820
one-time pay supplement under division (B) or (C) of this section	1821
shall have the employee's one-time pay supplement pro-rated based	1822
on the number of hours worked in the twenty-six pay periods prior	1823
to November 14, 2004.	1824

An employee who is eligible to receive a one-time pay	1825
supplement under division (B) or (C) of this section and was on a	1826
voluntary leave of absence shall have the employee's one-time pay	1827
supplement pro-rated based on the number of hours worked in the	1828
twenty-six pay periods prior to November 14, 2004.	1829

(E) A one-time pay supplement under this section shall be	1830
paid in the employee's first paycheck in December of 2004.	1831

(F) Notwithstanding any provision of law to the contrary, a	1832
one-time pay supplement under this section shall not be subject to	1833
withholding for deposit into any state retirement system.	1834
Notwithstanding any provision of law to the contrary, a one-time	1835
pay supplement under this section shall not be used for	1836
calculation purposes in determining an employee's retirement	1837
benefits in any state retirement system.	1838

(G)(1) This section does not apply to employees of the	1839
general assembly, legislative agencies, or the supreme court, or	1840
state boards or commissions.	1841

(2) This section does not apply to employees of the secretary	1842
of state, the auditor of state, the treasurer of state, or the	1843
attorney general unless the secretary of state, the auditor of	1844
state, the treasurer of state, or the attorney general decides	1845
that the office's employees should be eligible for the one-time	1846
pay supplement and so notifies the director of administrative	1847
services in writing on or before July 1, 2004.	1848

Sec. 124.382.  (A) As used in this section and sections	1849
124.383, 124.386, 124.387, and 124.388 of the Revised Code:	1850

(1) "Base pay period" means the pay period that includes the	1851
first day of December.	1852

(2) "Pay period" means the fourteen-day period of time during	1853
which the payroll is accumulated, as determined by the director of	1854
administrative services.	1855

(3) "Active pay status" means the conditions under which an	1856
employee is eligible to receive pay, and includes, but is not	1857
limited to, vacation leave, sick leave, personal leave,	1858
bereavement leave, and administrative leave.	1859

(4) "No pay status" means the conditions under which an	1860
employee is ineligible to receive pay, and includes, but is not	1861
limited to, leave without pay, leave of absence, and disability	1862
leave.	1863

(5) "Disability leave" means the leave granted pursuant to	1864
section 124.385 of the Revised Code.	1865

(6) "Full-time permanent employee" means an employee whose	1866
regular hours of duty total eighty hours in a pay period in a	1867
state agency, and whose appointment is not for a limited period of	1868
time.	1869

(7) "Base rate of pay" means the rate of pay established	1870
under schedule B or C of section 124.15 of the Revised Code or	1871
under schedule E-1, schedule E-1 for step seven only, or schedule	1872
E-2 of section 124.152 of the Revised Code, plus any supplement	1873
provided under section 124.181 of the Revised Code, plus any	1874
supplements enacted into law which are added to schedule B or C of	1875
section 124.15 of the Revised Code or to schedule E-1, schedule	1876
E-1 for step seven only, or schedule E-2 of section 124.152 of the	1877
Revised Code.	1878

(8) "Part-time permanent employee" means an employee whose	1879
regular hours of duty total less than eighty hours in a pay period	1880
in a state agency and whose appointment is not for a limited	1881
period of time.	1882

(B) Each full-time permanent and part-time permanent employee	1883
whose salary or wage is paid directly by warrant of the auditor of	1884
state shall be credited with sick leave of three and one-tenth	1885
hours for each completed eighty hours of service, excluding	1886
overtime hours worked.	1887

(C) Any sick leave credit provided pursuant to division (B)	1888
of this section, remaining as of the last day of the pay period	1889
preceding the next succeeding base pay period, shall be converted	1890
pursuant to section 124.383 of the Revised Code.	1891

(D) Employees may use sick leave, provided a credit balance	1892
is available, upon approval of the responsible administrative	1893
officer of the employing unit, for absence due to personal	1894
illness, pregnancy, injury, exposure to contagious disease which	1895
that could be communicated to other employees, and to illness,	1896
injury, or death in the employee's immediate family. When sick	1897
leave is used, it shall be deducted from the employee's credit on	1898
the basis of absence from previously scheduled work in such	1899
increments of an hour and at such a compensation rate as the	1900
director of administrative services determines. The appointing	1901
authority of each employing unit may require an employee to	1902
furnish a satisfactory, signed statement to justify the use of	1903
sick leave.	1904

If, after having utilized the credit provided by this	1905
section, an employee utilizes sick leave that was accumulated	1906
prior to November 15, 1981, compensation for such sick leave used	1907
shall be at a rate as the director determines.	1908

(E)(1) The previously accumulated sick leave balance of an	1909
employee who has been separated from the public service, for which	1910
separation payments pursuant to the provisions of section 124.384	1911
of the Revised Code have not been made, shall be placed to the	1912
employee's credit upon the employee's reemployment in the public	1913
service, if the reemployment takes place within ten years of the	1914
date on which the employee was last terminated from public	1915
service.	1916

(2) The previously accumulated sick leave balance of an	1917
employee who has separated from a school district shall be placed	1918
to the employee's credit upon the employee's appointment as an	1919
unclassified employee of the state department of education, if all	1920
of the following apply:	1921

(a) The employee accumulated the sick leave balance while	1922
employed by the school district;.	1923

(b) The employee did not receive any separation payments for	1924
the sick leave balance;.	1925

(c) The employee's employment with the department takes place	1926
within ten years after the date on which the employee separated	1927
from the school district.	1928

(F) An employee who transfers from one public agency to	1929
another shall be credited with the unused balance of the	1930
employee's accumulated sick leave.	1931

(G) The director of administrative services shall establish	1932
procedures to uniformly administer this section. No sick leave may	1933
be granted to a state employee upon or after the employee's	1934
retirement or termination of employment.	1935

Sec. 126.32.  (A) Any officer of any state agency may	1936
authorize reimbursement for travel, including the costs of	1937
transportation, for lodging, and for meals to any person who is	1938
interviewing for a position that is classified in pay range 13 or	1939
above in schedule E-1 or schedule E-1 for step seven only, or is	1940
classified in schedule E-2, of section 124.152 of the Revised	1941
Code.	1942

(B) If a person is appointed to a position listed in section	1943
121.03 of the Revised Code, to the position of chairperson of the	1944
industrial commission, adjutant general, chancellor of the Ohio	1945
board of regents, superintendent of public instruction,	1946
chairperson of the public utilities commission of Ohio, or	1947
director of the state lottery commission, to a position holding a	1948
fiduciary relationship to the governor, to a position of an	1949
appointing authority of the department of mental health, mental	1950
retardation and developmental disabilities, or rehabilitation and	1951
correction, to a position of superintendent in the department of	1952
youth services, or to a position under section 122.05 of the	1953
Revised Code, and if that appointment requires a permanent change	1954
of residence, the appropriate state agency may reimburse the	1955
person for the person's actual and necessary expenses, including	1956
the cost of in-transit storage of household goods and personal	1957
effects, of moving the person and members of the person's	1958
immediate family residing in the person's household, and of moving	1959
their household goods and personal effects, to the person's new	1960
location.	1961

Until that person moves the person's permanent residence to	1962
the new location, but not for a period that exceeds thirty	1963
consecutive days, the state agency may reimburse the person for	1964
the person's temporary living expenses at the new location that	1965
the person has incurred on behalf of the person and members of the	1966
person's immediate family residing in the person's household. In	1967
addition, the state agency may reimburse that person for the	1968
person's travel expenses between the new location and the person's	1969
former residence during this period for a maximum number of trips	1970
specified by rule of the director of budget and management, but	1971
the state agency shall not reimburse the person for travel	1972
expenses incurred for those trips by members of the person's	1973
immediate family. With the prior written approval of the director,	1974
the maximum thirty-day period for temporary living expenses may be	1975
extended for a person appointed to a position under section 122.05	1976
of the Revised Code.	1977

The director of development may reimburse a person appointed	1978
to a position under section 122.05 of the Revised Code for the	1979
person's actual and necessary expenses of moving the person and	1980
members of the person's immediate family residing in the person's	1981
household back to the United States and may reimburse a person	1982
appointed to such a position for the cost of storage of household	1983
goods and personal effects of the person and the person's	1984
immediate family while the person is serving outside the United	1985
States, if the person's office outside the United States is the	1986
person's primary job location.	1987

(C) All reimbursement under division (A) or (B) of this	1988
section shall be made in the manner, and at rates that do not	1989
exceed those, provided by rule of the director of budget and	1990
management in accordance with section 111.15 of the Revised Code.	1991
Reimbursements may be made under division (B) of this section	1992
directly to the persons who incurred the expenses or directly to	1993
the providers of goods or services the persons receive, as	1994
determined by the director of budget and management.	1995

Sec. 152.09.  (A) As used in sections 152.06 and 152.09 to	1996
152.33 of the Revised Code:	1997

(1) "Obligations" means bonds, notes, or other evidences of	1998
obligation, including interest coupons pertaining thereto, issued	1999
pursuant to sections 152.09 to 152.33 of the Revised Code.	2000

(2) "State agencies" means the state of Ohio and branches,	2001
officers, boards, commissions, authorities, departments,	2002
divisions, courts, general assembly, or other units or agencies of	2003
the state. "State agency" also includes counties, municipal	2004
corporations, and governmental entities of this state that enter	2005
into leases with the Ohio building authority pursuant to section	2006
152.31 of the Revised Code or that are designated by law as state	2007
agencies for the purpose of performing a state function that is to	2008
be housed by a capital facility for which the Ohio building	2009
authority is authorized to issue revenue obligations pursuant to	2010
sections 152.09 to 152.33 of the Revised Code.	2011

(3) "Bond service charges" means principal, including	2012
mandatory sinking fund requirements for retirement of obligations,	2013
and interest, and redemption premium, if any, required to be paid	2014
by the Ohio building authority on obligations.	2015

(4) "Capital facilities" means buildings, structures, and	2016
other improvements, and equipment, real estate, and interests in	2017
real estate therefor, within the state, and any one, part of, or	2018
combination of the foregoing, for housing of branches and agencies	2019
of state government, including capital facilities for the purpose	2020
of housing personnel, equipment, or functions, or any combination	2021
thereof that the state agencies are responsible for housing, for	2022
which the Ohio building authority is authorized to issue	2023
obligations pursuant to Chapter 152. of the Revised Code, and	2024
includes storage and parking facilities related to such capital	2025
facilities.	2026

(5) "Cost of capital facilities" means the costs of	2027
acquiring, constructing, reconstructing, rehabilitating,	2028
remodeling, renovating, enlarging, improving, altering,	2029
maintaining, equipping, furnishing, repairing, painting,	2030
decorating, managing, or operating capital facilities, and the	2031
financing thereof, including the cost of clearance and preparation	2032
of the site and of any land to be used in connection with capital	2033
facilities, the cost of participating in capital facilities	2034
pursuant to section 152.33 of the Revised Code, the cost of any	2035
indemnity and surety bonds and premiums on insurance, all related	2036
direct administrative expenses and allocable portions of direct	2037
costs of the authority and lessee state agencies, cost of	2038
engineering and architectural services, designs, plans,	2039
specifications, surveys, and estimates of cost, legal fees, fees	2040
and expenses of trustees, depositories, and paying agents for the	2041
obligations, cost of issuance of the obligations and financing	2042
charges and fees and expenses of financial advisers and	2043
consultants in connection therewith, interest on obligations from	2044
the date thereof to the time when interest is to be covered from	2045
sources other than proceeds of obligations, amounts that represent	2046
the portion of investment earnings to be rebated or to be paid to	2047
the federal government in order to maintain the exclusion from	2048
gross income for federal income tax purposes of interest on those	2049
obligations pursuant to section 148(f) of the Internal Revenue	2050
Code, amounts necessary to establish reserves as required by the	2051
resolutions or the obligations, trust agreements, or indentures,	2052
costs of audits, the reimbursement of all moneys advanced or	2053
applied by or borrowed from any governmental entity, whether to or	2054
by the authority or others, from whatever source provided, for the	2055
payment of any item or items of cost of the capital facilities,	2056
any share of the cost undertaken by the authority pursuant to	2057
arrangements made with governmental entities under division (J) of	2058
section 152.21 of the Revised Code, and all other expenses	2059
necessary or incident to planning or determining the feasibility	2060
or practicability with respect to capital facilities, and such	2061
other expenses as may be necessary or incident to the acquisition,	2062
construction, reconstruction, rehabilitation, remodeling,	2063
renovation, enlargement, improvement, alteration, maintenance,	2064
equipment, furnishing, repair, painting, decoration, management,	2065
or operation of capital facilities, the financing thereof and the	2066
placing of the same in use and operation, including any one, part	2067
of, or combination of such classes of costs and expenses.	2068

(6) "Governmental entity" means any state agency, municipal	2069
corporation, county, township, school district, and any other	2070
political subdivision or special district in this state	2071
established pursuant to law, and, except where otherwise	2072
indicated, also means the United States or any of the states or	2073
any department, division, or agency thereof, and any agency,	2074
commission, or authority established pursuant to an interstate	2075
compact or agreement.	2076

(7) "Governing body" means:

2077

(a) In the case of a county, the board of county	2078
commissioners or other legislative authority; in the case of a	2079
municipal corporation, the legislative authority; in the case of a	2080
township, the board of township trustees; in the case of a school	2081
district, the board of education;	2082

(b) In the case of any other governmental entity, the	2083
officer, board, commission, authority, or other body having the	2084
general management of the entity or having jurisdiction or	2085
authority in the particular circumstances.	2086

(8) "Available receipts" means fees, charges, revenues,	2087
grants, subsidies, income from the investment of moneys, proceeds	2088
from the sale of goods or services, and all other revenues or	2089
receipts received by or on behalf of any state agency for which	2090
capital facilities are financed with obligations issued under	2091
Chapter 152. of the Revised Code, any state agency participating	2092
in capital facilities pursuant to section 152.33 of the Revised	2093
Code, or any state agency by which the capital facilities are	2094
constructed or financed; revenues or receipts derived by the	2095
authority from the operation, leasing, or other disposition of	2096
capital facilities, and the proceeds of obligations issued under	2097
Chapter 152. of the Revised Code; and also any moneys appropriated	2098
by a governmental entity, gifts, grants, donations, and pledges,	2099
and receipts therefrom, available for the payment of bond service	2100
charges on such obligations.	2101

(B) Pursuant to the powers granted to the general assembly	2102
under Section 2i of Article VIII, Ohio Constitution, to authorize	2103
the issuance of revenue obligations and other obligations, the	2104
owners or holders of which are not given the right to have excises	2105
or taxes levied by the general assembly for the payment of	2106
principal thereof or interest thereon, the Ohio building authority	2107
may issue obligations, in accordance with Chapter 152. of the	2108
Revised Code, and shall cause the net proceeds thereof, after any	2109
deposits of accrued interest for the payment of bond service	2110
charges and after any deposit of all or such lesser portion as the	2111
authority may direct of the premium received upon the sale of	2112
those obligations for the payment of the bond service charges, to	2113
be applied to the costs of capital facilities designated by or	2114
pursuant to act of the general assembly for housing state agencies	2115
as authorized by Chapter 152. of the Revised Code. The authority	2116
shall provide by resolution for the issuance of such obligations.	2117
The bond service charges and all other payments required to be	2118
made by the trust agreement or indenture securing such obligations	2119
shall be payable solely from available receipts of the authority	2120
pledged thereto as provided in such resolution. The available	2121
receipts pledged and thereafter received by the authority are	2122
immediately subject to the lien of such pledge without any	2123
physical delivery thereof or further act, and the lien of any such	2124
pledge is valid and binding against all parties having claims of	2125
any kind against the authority, irrespective of whether those	2126
parties have notice thereof, and creates a perfected security	2127
interest for all purposes of Chapter 1309. of the Revised Code and	2128
a perfected lien for purposes of any real property interest, all	2129
without the necessity for separation or delivery of funds or for	2130
the filing or recording of the resolution, trust agreement,	2131
indenture, or other agreement by which such pledge is created or	2132
any certificate, statement, or other document with respect	2133
thereto; and the pledge of such available receipts is effective	2134
and the money therefrom and thereof may be applied to the purposes	2135
for which pledged. Every pledge, and every covenant and agreement	2136
made with respect to the pledge, made in the resolution may	2137
therein be extended to the benefit of the owners and holders of	2138
obligations authorized by Chapter 152. of the Revised Code, and to	2139
any trustee therefor, for the further securing of the payment of	2140
the bond service charges, and all or any rights under any	2141
agreement or lease made under this section may be assigned for	2142
such purpose. Obligations may be issued at one time or from time	2143
to time, and each issue shall be dated, shall mature at such time	2144
or times as determined by the authority not exceeding forty years	2145
from the date of issue, and may be redeemable before maturity at	2146
the option of the authority at such price or prices and under such	2147
terms and conditions as are fixed by the authority prior to the	2148
issuance of the obligations. The authority shall determine the	2149
form of the obligations, fix their denominations, establish their	2150
interest rate or rates, which may be a variable rate or rates, or	2151
the maximum interest rate, and establish within or without this	2152
state a place or places of payment of bond service charges.	2153

(C) The obligations shall be signed by the authority	2154
chairperson, vice-chairperson, and secretary-treasurer, and the	2155
authority seal shall be affixed. The signatures may be facsimile	2156
signatures and the seal affixed may be a facsimile seal, as	2157
provided by resolution of the authority. Any coupons attached may	2158
bear the facsimile signature of the chairperson. In case any	2159
officer who has signed any obligations, or caused the officer's	2160
facsimile signature to be affixed thereto, ceases to be such	2161
officer before such obligations have been delivered, such	2162
obligations may, nevertheless, be issued and delivered as though	2163
the person who had signed the obligations or caused the person's	2164
facsimile signature to be affixed thereto had not ceased to be	2165
such officer.	2166

Any obligations may be executed on behalf of the authority by	2167
an officer who, on the date of execution, is the proper officer	2168
although on the date of such obligations such person was not the	2169
proper officer.	2170

(D) All obligations issued by the authority shall have all	2171
the qualities and incidents of negotiable instruments and may be	2172
issued in coupon or in registered form, or both, as the authority	2173
determines. Provision may be made for the registration of any	2174
obligations with coupons attached thereto as to principal alone or	2175
as to both principal and interest, their exchange for obligations	2176
so registered, and for the conversion or reconversion into	2177
obligations with coupons attached thereto of any obligations	2178
registered as to both principal and interest, and for reasonable	2179
charges for such registration, exchange, conversion, and	2180
reconversion. The authority may sell its obligations in any manner	2181
and for such prices as it determines, except that the authority	2182
shall sell obligations sold at public or private sale in	2183
accordance with section 152.091 of the Revised Code.	2184

(E) The obligations of the authority, principal, interest,	2185
and any proceeds from their sale or transfer, are exempt from all	2186
taxation within this state.	2187

(F) The authority is authorized to issue revenue obligations	2188
and other obligations under Section 2i of Article VIII, Ohio	2189
Constitution, for the purpose of paying the cost of capital	2190
facilities for housing of branches and agencies of state	2191
government, including capital facilities for the purpose of	2192
housing personnel, equipment, or functions, or any combination	2193
thereof that the state agencies are responsible for housing, as	2194
are authorized by Chapter 152. of the Revised Code, and that are	2195
authorized by the general assembly by the appropriation of lease	2196
payments or other moneys for such capital facilities or by any	2197
other act of the general assembly, but not including the	2198
appropriation of moneys for feasibility studies for such capital	2199
facilities. This division does not authorize the authority to	2200
issue obligations pursuant to Section 2i of Article VIII, Ohio	2201
Constitution, to pay the cost of capital facilities for mental	2202
hygiene and retardation, parks and recreation, or state-supported	2203
or state-assisted institutions of higher education.	2204

Sec. 175.21.  (A) The low- and moderate-income housing trust	2205
fund is hereby created in the state treasury. The fund shall	2206
consist of all appropriations made to the fund, housing trust fund	2207
fees collected by county recorders pursuant to section 317.36 of	2208
the Revised Code and deposited into the fund pursuant to section	2209
319.63 of the Revised Code, and all grants, gifts, loan	2210
repayments, and contributions of money made from any source to the	2211
department of development for deposit in the fund. All investment	2212
earnings of the fund shall be credited to the fund. The director	2213
of development shall allocate a portion of the money in the fund	2214
to an account of the Ohio housing finance agency. The department	2215
shall administer the fund. The agency shall use money allocated to	2216
it in the fund for implementing and administering its programs and	2217
duties under sections 175.22 and 175.24 of the Revised Code, and	2218
the department shall use the remaining money in the fund for	2219
implementing and administering its programs and duties under	2220
sections 175.22 to 175.25 of the Revised Code. Use of all money in	2221
the fund is subject to the following restrictions:	2222

(1) Not more than six per cent of any current year	2223
appropriation authority for the fund shall be used for the	2224
transitional and permanent housing program to make grants to	2225
municipal corporations, counties, townships, and nonprofit	2226
organizations for the acquisition, rehabilitation, renovation,	2227
construction, conversion, operation, and cost of supportive	2228
services for new and existing transitional and permanent housing	2229
for homeless persons.	2230

(2)(a) Not more than five per cent of any current year	2231
appropriation authority for the fund shall be used for grants and	2232
loans to community development corporations and the Ohio community	2233
development finance fund, a private nonprofit corporation.	2234

(b) In any year in which the amount in the fund exceeds one	2235
hundred thousand dollars, not less than one hundred thousand	2236
dollars shall be used to provide training, technical assistance,	2237
and capacity building assistance to nonprofit development	2238
organizations in areas of the state the director designates as	2239
underserved.	2240

(c) For monies awarded in any fiscal year, priority shall be	2241
given to proposals submitted by nonprofit development	2242
organizations from areas of the state the director designates as	2243
underserved.	2244

(3) Not more than seven per cent of any current year	2245
appropriation authority for the fund shall be used for the	2246
emergency shelter housing grants program to make grants to	2247
private, nonprofit organizations and municipal corporations,	2248
counties, and townships for emergency shelter housing for the	2249
homeless. The grants shall be distributed pursuant to rules the	2250
director adopts and qualify as matching funds for funds obtained	2251
pursuant to the McKinney Act, 101 Stat. 85 (1987), 42 U.S.C.A.	2252
11371 to 11378.	2253

(4) In any fiscal year in which the amount in the fund	2254
exceeds the amount awarded pursuant to division (A)(2)(b) of this	2255
section by at least two hundred fifty thousand dollars, at least	2256
two hundred fifty thousand dollars from the fund shall be provided	2257
to the department of aging for the resident services coordinator	2258
program.	2259

(5) Of all money incurrent year appropriation authority for	2260
the fund:	2261

(a) Not, not more than five per cent shall be used for	2262
administration.	2263

(b)(6) Not less than forty-five per cent of the funds awarded	2264
during any one fiscal year shall be for grants and loans to	2265
nonprofit organizations under section 175.22 of the Revised Code.	2266

(c)(7) Not less than fifty per cent of the funds awarded	2267
during any one fiscal year, excluding the amounts awarded pursuant	2268
to divisions (A)(1), (A)(2), and (A)(3) of this section, shall be	2269
for grants and loans for activities that provide housing and	2270
housing assistance to families and individuals in rural areas and	2271
small cities that are not eligible to participate as a	2272
participating jurisdiction under the "HOME Investment Partnerships	2273
Act," 104 Stat. 4094 (1990), 42 U.S.C. 12701 note, 12721.	2274

(d)(8) No money in the fund shall be used to pay for any	2275
legal services other than the usual and customary legal services	2276
associated with the acquisition of housing.	2277

(6)(9) Except as otherwise provided by the director under	2278
division (B) of this section, money in the fund may be used as	2279
matching money for federal funds received by the state, counties,	2280
municipal corporations, and townships for the activities listed in	2281
section 175.22 of the Revised Code.	2282

(B) If after the second quarter of any year it appears to the	2283
director that the full amount of the money in the fund designated	2284
in that year for activities that provide housing and housing	2285
assistance to families and individuals in rural areas and small	2286
cities under division (A) of this section will not be used for	2287
that purpose, the director may reallocate all or a portion of that	2288
amount for other housing activities. In determining whether or how	2289
to reallocate money under this division, the director may consult	2290
with and shall receive advice from the housing trust fund advisory	2291
committee.	2292

Sec. 1503.05.  (A) The chief of the division of forestry may	2293
sell timber and other forest products from the state forest and	2294
state forest nurseries whenever the chief considers such a sale	2295
desirable and, with the approval of the attorney general and the	2296
director of natural resources, may sell portions of the state	2297
forest lands when such a sale is advantageous to the state.	2298

(B) Except as otherwise provided in this section, a timber	2299
sale agreement shall not be executed unless the person or	2300
governmental entity bidding on the sale executes and files a	2301
surety bond conditioned on completion of the timber sale in	2302
accordance with the terms of the agreement in an amount equal to	2303
twenty-five per cent of the highest value cutting section. All	2304
bonds shall be given in a form prescribed by the chief and shall	2305
run to the state as obligee.	2306

The chief shall not approve any bond until it is personally	2307
signed and acknowledged by both principal and surety, or as to	2308
either by the attorney in fact thereof, with a certified copy of	2309
the power of attorney attached. The chief shall not approve the	2310
bond unless there is attached a certificate of the superintendent	2311
of insurance that the company is authorized to transact a fidelity	2312
and surety business in this state.	2313

In lieu of a bond, the bidder may deposit any of the	2314
following:	2315

(1) Cash in an amount equal to the amount of the bond;

2316

(2) United States government securities having a par value	2317
equal to or greater than the amount of the bond;	2318

(3) Negotiable certificates of deposit or irrevocable letters	2319
of credit issued by any bank organized or transacting business in	2320
this state having a par value equal to or greater than the amount	2321
of the bond.	2322

The cash or securities shall be deposited on the same terms	2323
as bonds. If one or more certificates of deposit are deposited in	2324
lieu of a bond, the chief shall require the bank that issued any	2325
of the certificates to pledge securities of the aggregate market	2326
value equal to the amount of the certificate or certificates that	2327
is in excess of the amount insured by the federal deposit	2328
insurance corporation. The securities to be pledged shall be those	2329
designated as eligible under section 135.18 of the Revised Code.	2330
The securities shall be security for the repayment of the	2331
certificate or certificates of deposit.	2332

Immediately upon a deposit of cash, securities, certificates	2333
of deposit, or letters of credit, the chief shall deliver them to	2334
the treasurer of state, who shall hold them in trust for the	2335
purposes for which they have been deposited. The treasurer of	2336
state is responsible for the safekeeping of the deposits. A bidder	2337
making a deposit of cash, securities, certificates of deposit, or	2338
letters of credit may withdraw and receive from the treasurer of	2339
state, on the written order of the chief, all or any portion of	2340
the cash, securities, certificates of deposit, or letters of	2341
credit upon depositing with the treasurer of state cash, other	2342
United States government securities, or other negotiable	2343
certificates of deposit or irrevocable letters of credit issued by	2344
any bank organized or transacting business in this state, equal in	2345
par value to the par value of the cash, securities, certificates	2346
of deposit, or letters of credit withdrawn.	2347

A bidder may demand and receive from the treasurer of state	2348
all interest or other income from any such securities or	2349
certificates as it becomes due. If securities so deposited with	2350
and in the possession of the treasurer of state mature or are	2351
called for payment by their issuer, the treasurer of state, at the	2352
request of the bidder who deposited them, shall convert the	2353
proceeds of the redemption or payment of the securities into other	2354
United States government securities, negotiable certificates of	2355
deposit, or cash as the bidder designates.	2356

When the chief finds that a person or governmental agency has	2357
failed to comply with the conditions of the person's or	2358
governmental agency's bond, the chief shall make a finding of that	2359
fact and declare the bond, cash, securities, certificates, or	2360
letters of credit forfeited. The chief thereupon shall certify the	2361
total forfeiture to the attorney general, who shall proceed to	2362
collect the amount of the bond, cash, securities, certificates, or	2363
letters of credit.	2364

In lieu of total forfeiture, the surety, at its option, may	2365
cause the timber sale to be completed or pay to the treasurer of	2366
state the cost thereof.	2367

All moneys collected as a result of forfeitures of bonds,	2368
cash, securities, certificates, and letters of credit under this	2369
section shall be credited to the state forest fund created in this	2370
section.	2371

(C) The chief may grant easements and leases on portions of	2372
the state forest lands and state forest nurseries under terms that	2373
are advantageous to the state, and the chief may grant mineral	2374
rights on a royalty basis on those lands and nurseries, with the	2375
approval of the attorney general and the director.	2376

(D) All moneys received from the sale of state forest lands,	2377
or in payment for easements or leases on or as rents from those	2378
lands or from state forest nurseries, shall be paid into the state	2379
treasury to the credit of the state forest fund, which is hereby	2380
created. All moneys received from the sale of standing timber	2381
taken from the state forest lands shall be deposited into the	2382
state treasury. Twenty-five per cent of the moneys so deposited	2383
shall be credited to the state forest fund. Seventy-five per cent	2384
of the moneys so deposited shall be credited to the general	2385
revenue fund. AllIn addition, all moneys received from the sale	2386
of reforestation tree stock, from the sale of forest products,	2387
other than standing timber, and from the sale of minerals taken	2388
from the state forest lands and state forest nurseries, together	2389
with royalties from mineral rights, shall be paid into the state	2390
treasury to the credit of the state forest fund. Any other	2391
revenues derived from the operation of the state forests and	2392
related facilities or equipment also shall be paid into the state	2393
treasury to the credit of the state forest fund, as shall any	2394
other moneys required by law to be deposited in the fund.	2395

The state forest fund shall not be expended for any purpose	2396
other than the administration, operation, maintenance,	2397
development, or utilization of the state forests, forest	2398
nurseries, and forest programs, for facilities or equipment	2399
incident to them, or for the further purchase of lands for state	2400
forest or forest nursery purposes.	2401

All moneys received from the sale of standing timber taken	2402
from state forest lands and state forest nurseries shall be	2403
deposited into the state treasury to the credit of the forestry	2404
holding account redistribution fund, which is hereby created. The	2405
moneys shall remain in the fund until they are redistributed in	2406
accordance with this division.	2407

At the time of making such a deposit into the state treasury	2408
to the credit of the general revenue fundThe redistribution shall	2409
occur at least once each year. To begin the redistribution, the	2410
chief first shall determine the amount and net value of all such	2411
standing timber sold from state forest lands and state forest	2412
nurseries, together with the amount of the total sale proceeds, in	2413
each county, in each township within the county, and in each	2414
school district within the county. Afterward the chief shall send	2415
to each county treasurer a copy of the determination and shall	2416
provide for payment to the county treasurer,The chief next shall	2417
determine the amount of the direct costs that the division of	2418
forestry incurred in association with the sale of that standing	2419
timber. The amount of the direct costs shall be subtracted from	2420
the amount of the total sale proceeds and shall be transferred	2421
from the forestry holding account redistribution fund to the state	2422
forest fund.	2423

The remaining amount of the total sale proceeds equals the	2424
net value of the standing timber that was sold. The chief shall	2425
determine the net value of standing timber sold from state forest	2426
lands and state forest nurseries in each county, in each township	2427
within the county, and in each school district within the county	2428
and shall send to each county treasurer a copy of the	2429
determination at the time that moneys are paid to the county	2430
treasurer under this division.	2431

Twenty-five per cent of the net value of standing timber sold	2432
from state forest lands and state forest nurseries located in a	2433
county shall be transferred from the forestry holding account	2434
redistribution fund to the state forest fund. Ten per cent of that	2435
net value shall be transferred from the forestry holding account	2436
redistribution fund to the general revenue fund. The remaining	2437
sixty-five per cent of the net value shall be transferred from the	2438
forestry holding account redistribution fund and paid to the	2439
county treasurer for the use of the general fund of that county	2440
from the amount so received as provided in this division, an	2441
amount equal to sixty-five per cent of the net value of the	2442
standing timber sold from lands and nurseries located in that	2443
county. The	2444

The county auditor shall do all of the following:

2445

(1) Retain for the use of the general fund of the county	2446
one-fourth of the amount received by the county under division (D)	2447
of this section;	2448

(2) Pay into the general fund of any township located within	2449
the county and containing such lands and nurseries one-fourth of	2450
the amount received by the county from standing timber sold from	2451
lands and nurseries located in the township;	2452

(3) Request the board of education of any school district	2453
located within the county and containing such lands and nurseries	2454
to identify which fund or funds of the district should receive the	2455
moneys available to the school district under division (D)(3) of	2456
this section. After receiving notice from the board, the county	2457
auditor shall pay into the fund or funds so identified one-half of	2458
the amount received by the county from standing timber sold from	2459
lands and nurseries located in the school district, distributed	2460
proportionately as identified by the board.	2461

The division of forestry shall not supply logs, lumber, or	2462
other forest products or minerals, taken from the state forest	2463
lands or state forest nurseries, to any other agency or	2464
subdivision of the state unless payment is made therefor in the	2465
amount of the actual prevailing value thereof. This section is	2466
applicable to the moneys so received. All moneys received from the	2467
sale of reforestation tree stock or other revenues derived from	2468
the operation of the state forests, facilities, or equipment shall	2469
be paid into the state forest fund.	2470

The fund shall not be expended for any purpose other than the	2471
administration, operation, maintenance, development, or	2472
utilization of the state forests, forest nurseries, and forest	2473
programs, for facilities or equipment incident to them, or for the	2474
further purchase of lands for state forest or forest nursery	2475
purposes.	2476

Sec. 3311.059. The procedure prescribed in this section may	2477
be used in lieu of a transfer prescribed under section 3311.231 of	2478
the Revised Code.	2479

(A) Subject to divisions (B) and (C) of this section, a board	2480
of education of a local school district may by a resolution	2481
approved by a majority of all its members propose to sever that	2482
local school district from the territory of the educational	2483
service center in which the local school district is currently	2484
included and to instead annex the local school district to the	2485
territory of another educational service center, the current	2486
territory of which is adjacent to the territory of the educational	2487
service center in which the local school district is currently	2488
included. The resolution shall promptly be filed with the	2489
governing board of each educational service center affected by the	2490
resolution and with the superintendent of public instruction.	2491

(B) The resolution adopted under division (A) of this section	2492
shall not be effective unless it is approved by both the governing	2493
board of the educational service center to which the board of	2494
education proposes to annex the local school district and the	2495
state board of education. In deciding whether to approve the	2496
resolution, the state board shall consider the impact of an	2497
annexation on both the school district and the educational service	2498
center to which the district is proposed to be annexed, including	2499
the ability of that service center to deliver services in a	2500
cost-effective and efficient manner. The severance of the local	2501
school district from one educational service center and its	2502
annexation to another educational service center under this	2503
section shall not be effective until one year after the first day	2504
of July following the later of the date that the governing board	2505
of the educational service center to which the local school	2506
district is proposed to be annexedstate board of education	2507
approves the resolution or the date the board of elections	2508
certifies the results of the referendum election as provided in	2509
division (C) of this section.	2510

(C) Within sixty days following the date of the adoption of	2511
the resolution under division (A) of this section, the electors of	2512
the local school district may petition for a referendum vote on	2513
the resolution. The question whether to approve or disapprove the	2514
resolution shall be submitted to the electors of such school	2515
district if a number of qualified electors equal to twenty per	2516
cent of the number of electors in the school district who voted	2517
for the office of governor at the most recent general election for	2518
that office sign a petition asking that the question of whether	2519
the resolution shall be disapproved be submitted to the electors.	2520
The petition shall be filed with the board of elections of the	2521
county in which the school district is located. If the school	2522
district is located in more than one county, the petition shall be	2523
filed with the board of elections of the county in which the	2524
majority of the territory of the school district is located. The	2525
board shall certify the validity and sufficiency of the signatures	2526
on the petition.	2527

The board of elections shall immediately notify the board of	2528
education of the local school district and the governing board of	2529
each educational service center affected by the resolution that	2530
the petition has been filed.	2531

The effect of the resolution shall be stayed until the board	2532
of elections certifies the validity and sufficiency of the	2533
signatures on the petition. If the board of elections determines	2534
that the petition does not contain a sufficient number of valid	2535
signatures and sixty days have passed since the adoption of the	2536
resolution, the resolution shall become effective as provided in	2537
division (B) of this section.	2538

If the board of elections certifies that the petition	2539
contains a sufficient number of valid signatures, the board shall	2540
submit the question to the qualified electors of the school	2541
district on the day of the next general or primary election held	2542
at least seventy-five days after the board of elections certifies	2543
the validity and sufficiency of signatures on the petition. The	2544
election shall be conducted and canvassed and the results shall be	2545
certified in the same manner as in regular elections for the	2546
election of members of a board of education.	2547

If a majority of the electors voting on the question	2548
disapprove the resolution, the resolution shall not become	2549
effective. If a majority of the electors voting on the question	2550
approve the resolution, the resolution shall become effective as	2551
provided in division (B) of this section.	2552

(D) Upon the effective date of the severance of the local	2553
school district from one educational service center and its	2554
annexation to another educational service center as provided in	2555
division (B) of this section, the governing board of each	2556
educational service center shall take such steps for the election	2557
of members of the governing board and for organization of the	2558
governing board as prescribed in Chapter 3313. of the Revised	2559
Code.	2560

(E) If a school district is severed from one educational	2561
service center and annexed to another service center under this	2562
section, the board of education of that school district shall not	2563
propose a subsequent severance and annexation action under this	2564
section that would be effective sooner than five years after the	2565
effective date of the next previous severance and annexation	2566
action under this section.	2567

Sec. 3327.01.  Notwithstanding division (D) of section	2568
3311.19 and division (D) of section 3311.52 of the Revised Code,	2569
this section and sections 3327.011, 3327.012, and 3327.02 of the	2570
Revised Code do not apply to any joint vocational or cooperative	2571
education school district.	2572

In all city, local, and exempted village school districts	2573
where resident school pupils in grades kindergarten through eight	2574
live more than two miles from the school for which the state board	2575
of education prescribes minimum standards pursuant to division (D)	2576
of section 3301.07 of the Revised Code and to which they are	2577
assigned by the board of education of the district of residence or	2578
to and from the nonpublic or community school which they attend	2579
the board of education shall provide transportation for such	2580
pupils to and from such school except as provided in section	2581
3327.02 of the Revised Code.	2582

In all city, local, and exempted village school districts the	2583
board may provide transportation for resident school pupils in	2584
grades nine through twelve to and from the high school to which	2585
they are assigned by the board of education of the district of	2586
residence or to and from the nonpublic or community high school	2587
which they attend for which the state board of education	2588
prescribes minimum standards pursuant to division (D) of section	2589
3301.07 of the Revised Code.	2590

A board of education shall not be required to transport	2591
elementary or high school pupils to and from a nonpublic or	2592
community school where such transportation would require more than	2593
thirty minutes of direct travel time as measured by school bus	2594
from the collection pointpublic school building to which the	2595
pupils would be assigned if attending the public school designated	2596
by the district of residence.	2597

Where it is impractical to transport a pupil by school	2598
conveyance, a board of education may offer payment, in lieu of	2599
providing such transportation in accordance with section 3327.02	2600
of the Revised Code.	2601

In all city, local, and exempted village school districts the	2602
board shall provide transportation for all children who are so	2603
crippled that they are unable to walk to and from the school for	2604
which the state board of education prescribes minimum standards	2605
pursuant to division (D) of section 3301.07 of the Revised Code	2606
and which they attend. In case of dispute whether the child is	2607
able to walk to and from the school, the health commissioner shall	2608
be the judge of such ability. In all city, exempted village, and	2609
local school districts the board shall provide transportation to	2610
and from school or special education classes for educable mentally	2611
retarded children in accordance with standards adopted by the	2612
state board of education.	2613

When transportation of pupils is provided the conveyance	2614
shall be run on a time schedule that shall be adopted and put in	2615
force by the board not later than ten days after the beginning of	2616
the school term.	2617

The cost of any transportation service authorized by this	2618
section shall be paid first out of federal funds, if any,	2619
available for the purpose of pupil transportation, and secondly	2620
out of state appropriations, in accordance with regulations	2621
adopted by the state board of education.	2622

No transportation of any pupils shall be provided by any	2623
board of education to or from any school which in the selection of	2624
pupils, faculty members, or employees, practices discrimination	2625
against any person on the grounds of race, color, religion, or	2626
national origin.	2627

Sec. 3334.01.  As used in this chapter:

2628

(A) "Aggregate original principal amount" means the aggregate	2629
of the initial offering prices to the public of college savings	2630
bonds, exclusive of accrued interest, if any. "Aggregate original	2631
principal amount" does not mean the aggregate accreted amount	2632
payable at maturity or redemption of such bonds.	2633

(B) "Beneficiary" means:

2634

(1) An individual designated by the purchaser under a tuition	2635
payment contract or through a scholarship program as the	2636
individual on whose behalf tuition credits purchased under the	2637
contract or awarded through the scholarship program will be	2638
applied toward the payment of undergraduate, graduate, or	2639
professional tuition; or	2640

(2) An individual designated by the contributor under a	2641
variable college savings program contract as the individual whose	2642
tuition and other higher education expenses will be paid from a	2643
variable college savings program account.	2644

(C) "Capital appreciation bond" means a bond for which the	2645
following is true:	2646

(1) The principal amount is less than the amount payable at	2647
maturity or early redemption; and	2648

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

2649

(D) "Tuition credit" means a credit of the Ohio tuition trust	2650
authority purchased under section 3334.09 of the Revised Code.	2651

(E) "College savings bonds" means revenue and other	2652
obligations issued on behalf of the state or any agency or issuing	2653
authority thereof as a zero-coupon or capital appreciation bond,	2654
and designated as college savings bonds as provided in this	2655
chapter. "College savings bond issue" means any issue of bonds of	2656
which any part has been designated as college savings bonds.	2657

(F) "Institution of higher education" means a state	2658
institution of higher education, a private college, university, or	2659
other postsecondary institution located in this state that	2660
possesses a certificate of authorization issued by the Ohio board	2661
of regents pursuant to Chapter 1713. of the Revised Code or a	2662
certificate of registration issued by the state board of career	2663
colleges and schools under Chapter 3332. of the Revised Code, or	2664
an accredited college, university, or other postsecondary	2665
institution located outside this state that is accredited by an	2666
accrediting organization or professional association recognized by	2667
the authority. To be considered an institution of higher	2668
education, an institution shall meet the definition of an eligible	2669
educational institution under section 529 of the Internal Revenue	2670
Code.	2671

(G) "Issuing authority" means any authority, commission,	2672
body, agency, or individual empowered by the Ohio Constitution or	2673
the Revised Code to issue bonds or any other debt obligation of	2674
the state or any agency or department thereof. "Issuer" means the	2675
issuing authority or, if so designated under division (B) of	2676
section 3334.04 of the Revised Code, the treasurer of state.	2677

(H) "Tuition" means the charges imposed to attend an	2678
institution of higher education as an undergraduate, graduate, or	2679
professional student and all fees required as a condition of	2680
enrollment, as determined by the Ohio tuition trust authority.	2681
"Tuition" does not include laboratory fees, room and board, or	2682
other similar fees and charges.	2683

(I) "Weighted average tuition" means the tuition cost	2684
resulting from the following calculation:	2685

(1) Add the products of the annual undergraduate tuition	2686
charged to Ohio residents at each four-year state university	2687
multiplied by that institution's total number of undergraduate	2688
fiscal year equated students; and	2689

(2) Divide the gross total of the products from division	2690
(I)(1) of this section by the total number of undergraduate fiscal	2691
year equated students attending four-year state universities.	2692

When making this calculation, the "annual undergraduate	2693
tuition charged to Ohio residents" shall not incorporate any	2694
tuition reductions that vary in amount among individual recipients	2695
and that are awarded to Ohio residents based upon their particular	2696
circumstances, beyond any minimum amount awarded uniformly to all	2697
Ohio residents. In addition, any tuition reductions awarded	2698
uniformly to all Ohio residents shall be incorporated into this	2699
calculation.	2700

(J) "Zero-coupon bond" means a bond which has a stated	2701
interest rate of zero per cent and on which no interest is payable	2702
until the maturity or early redemption of the bond, and is offered	2703
at a substantial discount from its original stated principal	2704
amount.	2705

(K) "State institution of higher education" includes the	2706
state universities listed in section 3345.011 of the Revised Code,	2707
community colleges created pursuant to Chapter 3354. of the	2708
Revised Code, university branches created pursuant to Chapter	2709
3355. of the Revised Code, technical colleges created pursuant to	2710
Chapter 3357. of the Revised Code, state community colleges	2711
created pursuant to Chapter 3358. of the Revised Code, the medical	2712
college of Ohio at Toledo, and the northeastern Ohio universities	2713
college of medicine.	2714

(L) "Four-year state university" means those state	2715
universities listed in section 3345.011 of the Revised Code.	2716

(M) "Principal amount" refers to the initial offering price	2717
to the public of an obligation, exclusive of the accrued interest,	2718
if any. "Principal amount" does not refer to the aggregate	2719
accreted amount payable at maturity or redemption of an	2720
obligation.	2721

(N) "Scholarship program" means a program registered with the	2722
Ohio tuition trust authority pursuant to section 3334.17 of the	2723
Revised Code.	2724

(O) "Internal Revenue Code" means the "Internal Revenue Code	2725
of 1986," 100 Stat. 2085, 26 U.S.C.A. 1 et seq., as amended.	2726

(P) "Other higher education expenses" means room and board	2727
and books, supplies, equipment, and nontuition-related fees	2728
associated with the cost of attendance of a beneficiary at an	2729
institution of higher education, but only to the extent that such	2730
expenses meet the definition of "qualified higher education	2731
expenses" under section 529 of the Internal Revenue Code. "Other	2732
higher education expenses" does not include tuition as defined in	2733
division (H) of this section.	2734

(Q) "Purchaser" means the person signing the tuition payment	2735
contract, who controls the account and acquires tuition credits	2736
for an account under the terms and conditions of the contract.	2737

(R) "Contributor" means a person who signs a variable college	2738
savings program contract with the Ohio tuition trust authority and	2739
contributes to and owns the account created under the contract.	2740

(S) "Contribution" means any payment directly allocated to an	2741
account for the benefit of the designated beneficiary of the	2742
account.	2743

Sec. 3383.09. (A) There is hereby created in the state	2744
treasury the arts and sports facilities building fund, which shall	2745
consist of proceeds of obligations authorized to pay costs of Ohio	2746
arts facilities projectsand Ohio sports facilities for which	2747
appropriations are made by the general assembly. All investment	2748
earnings of the fund shall be credited to the fund.	2749

(B) There is hereby created in the state treasury the sports	2750
facilities building fund, which shall consist of proceeds of	2751
obligations authorized to pay costs of sports facilities projects	2752
for which appropriations are made by the general assembly. All	2753
investment earnings of the fund shall be credited to the fund.	2754

(C) The director of budget and management may transfer, to	2755
the Ohio arts and sports facilities commission administration	2756
fund, investment earnings credited to the arts facilities building	2757
fund and the sports facilities building fund that exceed the	2758
amounts required to meet estimated federal arbitrage rebate	2759
requirements when requested of the director of budget and	2760
management by the chairperson or executive director of the	2761
commission.	2762

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

2763

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

2764

(a) A person who is under final consideration for appointment	2765
or employment with a home health agency in a position as a person	2766
responsible for the care, custody, or control of a child;	2767

(b) A person who is under final consideration for employment	2768
with a home health agency in a full-time, part-time, or temporary	2769
position that involves providing direct care to an older adult.	2770
With regard to persons providing direct care to older adults,	2771
"applicant" does not include a person who provides direct care as	2772
a volunteer without receiving or expecting to receive any form of	2773
remuneration other than reimbursement for actual expenses.	2774

(2) "Criminal records check" and "older adult" have the same	2775
meanings as in section 109.572 of the Revised Code.	2776

(3) "Home health agency" means a person or government entity,	2777
other than a nursing home, residential care facility, or hospice	2778
care program, that has the primary function of providing any of	2779
the following services to a patient at a place of residence used	2780
as the patient's home:	2781

(a) Skilled nursing care;

2782

(b) Physical therapy;

2783

(c) Speech-language pathology;

2784

(d) Occupational therapy;

2785

(e) Medical social services;

2786

(f) Home health aide services.

2787

(4) "Home health aide services" means any of the following	2788
services provided by an individual employed with or contracted for	2789
by a home health agency:	2790

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

2791

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

2792

(c) Catheter care but not insertion;

2793

(d) Meal preparation and feeding.

2794

(5) "Hospice care program" has the same meaning as in section	2795
3712.01 of the Revised Code.	2796

(6) "Medical social services" means services provided by a	2797
social worker under the direction of a patient's attending	2798
physician.	2799

(7) "Minor drug possession offense" has the same meaning as	2800
in section 2925.01 of the Revised Code.	2801

(8) "Nursing home," "residential care facility," and "skilled	2802
nursing care" have the same meanings as in section 3721.01 of the	2803
Revised Code.	2804

(9) "Occupational therapy" has the same meaning as in section	2805
4755.01 of the Revised Code.	2806

(10) "Physical therapy" has the same meaning as in section	2807
4755.40 of the Revised Code.	2808

(11) "Social worker" means a person licensed under Chapter	2809
4757. of the Revised Code to practice as a social worker or	2810
independent social worker.	2811

(12) "Speech-language pathology" has the same meaning as in	2812
section 4753.01 of the Revised Code.	2813

(B)(1) Except as provided in division (I) of this section,	2814
the chief administrator of a home health agency shall request the	2815
superintendent of the bureau of criminal identification and	2816
investigation to conduct a criminal records check with respect to	2817
each applicant. If the position may involve both responsibility	2818
for the care, custody, or control of a child and provision of	2819
direct care to an older adult, the chief administrator shall	2820
request that the superintendent conduct a single criminal records	2821
check for the applicant. If an applicant for whom a criminal	2822
records check request is required under this division does not	2823
present proof of having been a resident of this state for the	2824
five-year period immediately prior to the date upon which the	2825
criminal records check is requested or does not provide evidence	2826
that within that five-year period the superintendent has requested	2827
information about the applicant from the federal bureau of	2828
investigation in a criminal records check, the chief administrator	2829
shall request that the superintendent obtain information from the	2830
federal bureau of investigation as a part of the criminal records	2831
check for the applicant. Even if an applicant for whom a criminal	2832
records check request is required under this division presents	2833
proof that the applicant has been a resident of this state for	2834
that five-year period, the chief administrator may request that	2835
the superintendent include information from the federal bureau of	2836
investigation in the criminal records check.	2837

(2) Any person required by division (B)(1) of this section to	2838
request a criminal records check shall provide to each applicant	2839
for whom a criminal records check request is required under that	2840
division a copy of the form prescribed pursuant to division (C)(1)	2841
of section 109.572 of the Revised Code and a standard impression	2842
sheet prescribed pursuant to division (C)(2) of section 109.572 of	2843
the Revised Code, obtain the completed form and impression sheet	2844
from each applicant, and forward the completed form and impression	2845
sheet to the superintendent of the bureau of criminal	2846
identification and investigation at the time the chief	2847
administrator requests a criminal records check pursuant to	2848
division (B)(1) of this section.	2849

(3) An applicant who receives pursuant to division (B)(2) of	2850
this section a copy of the form prescribed pursuant to division	2851
(C)(1) of section 109.572 of the Revised Code and a copy of an	2852
impression sheet prescribed pursuant to division (C)(2) of that	2853
section and who is requested to complete the form and provide a	2854
set of fingerprint impressions shall complete the form or provide	2855
all the information necessary to complete the form and shall	2856
provide the impression sheets with the impressions of the	2857
applicant's fingerprints. If an applicant, upon request, fails to	2858
provide the information necessary to complete the form or fails to	2859
provide fingerprint impressions, the home health agency shall not	2860
employ that applicant for any position for which a criminal	2861
records check is required by division (B)(1) of this section.	2862

(C)(1) Except as provided in rules adopted by the department	2863
of health in accordance with division (F) of this section and	2864
subject to division (C)(3) of this section, no home health agency	2865
shall employ a person as a person responsible for the care,	2866
custody, or control of a child if the person previously has been	2867
convicted of or pleaded guilty to any of the following:	2868

(a) A violation of section 2903.01, 2903.02, 2903.03,	2869
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	2870
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,	2871
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23,	2872
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01,	2873
2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25,	2874
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05,	2875
2925.06, or 3716.11 of the Revised Code, a violation of section	2876
2905.04 of the Revised Code as it existed prior to July 1, 1996, a	2877
violation of section 2919.23 of the Revised Code that would have	2878
been a violation of section 2905.04 of the Revised Code as it	2879
existed prior to July 1, 1996, had the violation been committed	2880
prior to that date, a violation of section 2925.11 of the Revised	2881
Code that is not a minor drug possession offense, or felonious	2882
sexual penetration in violation of former section 2907.12 of the	2883
Revised Code;	2884

(b) A violation of an existing or former law of this state,	2885
any other state, or the United States that is substantially	2886
equivalent to any of the offenses listed in division (C)(1)(a) of	2887
this section.	2888

(2) Except as provided in rules adopted by the department of	2889
health in accordance with division (F) of this section and subject	2890
to division (C)(3) of this section, no home health agency shall	2891
employ a person in a position that involves providing direct care	2892
to an older adult if the person previously has been convicted of	2893
or pleaded guilty to any of the following:	2894

(a) A violation of section 2903.01, 2903.02, 2903.03,	2895
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	2896
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,	2897
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31,	2898
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11,	2899
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,	2900
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36,	2901
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13,	2902
2925.22, 2925.23, or 3716.11 of the Revised Code.	2903

(b) A violation of an existing or former law of this state,	2904
any other state, or the United States that is substantially	2905
equivalent to any of the offenses listed in division (C)(2)(a) of	2906
this section.	2907

(3)(a) A home health agency may employ conditionally an	2908
applicant for whom a criminal records check request is required	2909
under division (B) of this section as a person responsible for the	2910
care, custody, or control of a child until the criminal records	2911
check regarding the applicant required by this section is	2912
completed and the agency receives the results of the criminal	2913
records check. If the results of the criminal records check	2914
indicate that, pursuant to division (C)(1) of this section, the	2915
applicant does not qualify for employment, the agency shall	2916
release the applicant from employment unless the agency chooses to	2917
employ the applicant pursuant to division (F) of this section.	2918

(b)(i) A home health agency may employ conditionally an	2919
applicant for whom a criminal records check request is required	2920
under division (B) of this section in a position that involves	2921
providing direct care to an older adult or in a position that	2922
involves both responsibility for the care, custody, and control of	2923
a child and the provision of direct care to older adults prior to	2924
obtaining the results of a criminal records check regarding the	2925
individual, provided that the agency shall request a criminal	2926
records check regarding the individual in accordance with division	2927
(B)(1) of this section not later than five business days after the	2928
individual begins conditional employment. In the circumstances	2929
described in division (I)(2) of this section, a home health agency	2930
may employ conditionally in a position that involves providing	2931
direct care to an older adult an applicant who has been referred	2932
to the home health agency by an employment service that supplies	2933
full-time, part-time, or temporary staff for positions involving	2934
the direct care of older adults and for whom, pursuant to that	2935
division, a criminal records check is not required under division	2936
(B) of this section. In the circumstances described in division	2937
(I)(4) of this section, a home health agency may employ	2938
conditionally in a position that involves both responsibility for	2939
the care, custody, and control of a child and the provision of	2940
direct care to older adults an applicant who has been referred to	2941
the home health agency by an employment service that supplies	2942
full-time, part-time, or temporary staff for positions involving	2943
both responsibility for the care, custody, and control of a child	2944
and the provision of direct care to older adults and for whom,	2945
pursuant to that division, a criminal records check is not	2946
required under division (B) of this section.	2947

(ii) A home health agency that employs an individual	2948
conditionally under authority of division (C)(3)(b)(i) of this	2949
section shall terminate the individual's employment if the results	2950
of the criminal records check requested under division (B)(1) of	2951
this section or described in division (I)(2) or (4) of this	2952
section, other than the results of any request for information	2953
from the federal bureau of investigation, are not obtained within	2954
the period ending sixtythirty days after the date the request is	2955
made. Regardless of when the results of the criminal records check	2956
are obtained, if the individual was employed conditionally in a	2957
position that involves the provision of direct care to older	2958
adults and the results indicate that the individual has been	2959
convicted of or pleaded guilty to any of the offenses listed or	2960
described in division (C)(2) of this section, or if the individual	2961
was employed conditionally in a position that involves both	2962
responsibility for the care, custody, and control of a child and	2963
the provision of direct care to older adults and the results	2964
indicate that the individual has been convicted of or pleaded	2965
guilty to any of the offenses listed or described in division	2966
(C)(1) or (2) of this section, the agency shall terminate the	2967
individual's employment unless the agency chooses to employ the	2968
individual pursuant to division (F) of this section. Termination	2969
of employment under this division shall be considered just cause	2970
for discharge for purposes of division (D)(2) of section 4141.29	2971
of the Revised Code if the individual makes any attempt to deceive	2972
the agency about the individual's criminal record.	2973

(D)(1) Each home health agency shall pay to the bureau of	2974
criminal identification and investigation the fee prescribed	2975
pursuant to division (C)(3) of section 109.572 of the Revised Code	2976
for each criminal records check conducted in accordance with that	2977
section upon the request pursuant to division (B)(1) of this	2978
section of the chief administrator of the home health agency.	2979

(2) A home health agency may charge an applicant a fee for	2980
the costs it incurs in obtaining a criminal records check under	2981
this section, unless the medical assistance program established	2982
under Chapter 5111. of the Revised Code reimburses the agency for	2983
the costs. A fee charged under division (D)(2) of this section	2984
shall not exceed the amount of fees the agency pays under division	2985
(D)(1) of this section. If a fee is charged under division (D)(2)	2986
of this section, the agency shall notify the applicant at the time	2987
of the applicant's initial application for employment of the	2988
amount of the fee and that, unless the fee is paid, the agency	2989
will not consider the applicant for employment.	2990

(E) The report of any criminal records check conducted by the	2991
bureau of criminal identification and investigation in accordance	2992
with section 109.572 of the Revised Code and pursuant to a request	2993
made under division (B)(1) of this section is not a public record	2994
for the purposes of section 149.43 of the Revised Code and shall	2995
not be made available to any person other than the following:	2996

(1) The individual who is the subject of the criminal records	2997
check or the individual's representative;	2998

(2) The home health agency requesting the criminal records	2999
check or its representative;	3000

(3) The administrator of any other facility, agency, or	3001
program that provides direct care to older adults that is owned or	3002
operated by the same entity that owns or operates the home health	3003
agency;	3004

(4) Any court, hearing officer, or other necessary individual	3005
involved in a case dealing with a denial of employment of the	3006
applicant or dealing with employment or unemployment benefits of	3007
the applicant;	3008

(5) Any person to whom the report is provided pursuant to,	3009
and in accordance with, division (I)(1), (2), (3), or (4) of this	3010
section.	3011

(F) The department of health shall adopt rules in accordance	3012
with Chapter 119. of the Revised Code to implement this section.	3013
The rules shall specify circumstances under which the home health	3014
agency may employ a person who has been convicted of or pleaded	3015
guilty to an offense listed or described in division (C)(1) of	3016
this section but who meets standards in regard to rehabilitation	3017
set by the department or employ a person who has been convicted of	3018
or pleaded guilty to an offense listed or described in division	3019
(C)(2) of this section but meets personal character standards set	3020
by the department.	3021

(G) Any person required by division (B)(1) of this section to	3022
request a criminal records check shall inform each person, at the	3023
time of initial application for employment that the person is	3024
required to provide a set of fingerprint impressions and that a	3025
criminal records check is required to be conducted and	3026
satisfactorily completed in accordance with section 109.572 of the	3027
Revised Code if the person comes under final consideration for	3028
appointment or employment as a precondition to employment for that	3029
position.	3030

(H) In a tort or other civil action for damages that is	3031
brought as the result of an injury, death, or loss to person or	3032
property caused by an individual who a home health agency employs	3033
in a position that involves providing direct care to older adults,	3034
all of the following shall apply:	3035

(1) If the agency employed the individual in good faith and	3036
reasonable reliance on the report of a criminal records check	3037
requested under this section, the agency shall not be found	3038
negligent solely because of its reliance on the report, even if	3039
the information in the report is determined later to have been	3040
incomplete or inaccurate;	3041

(2) If the agency employed the individual in good faith on a	3042
conditional basis pursuant to division (C)(3)(b) of this section,	3043
the agency shall not be found negligent solely because it employed	3044
the individual prior to receiving the report of a criminal records	3045
check requested under this section;	3046

(3) If the agency in good faith employed the individual	3047
according to the personal character standards established in rules	3048
adopted under division (F) of this section, the agency shall not	3049
be found negligent solely because the individual prior to being	3050
employed had been convicted of or pleaded guilty to an offense	3051
listed or described in division (C)(1) or (2) of this section.	3052

(I)(1) The chief administrator of a home health agency is not	3053
required to request that the superintendent of the bureau of	3054
criminal identification and investigation conduct a criminal	3055
records check of an applicant for a position that involves the	3056
provision of direct care to older adults if the applicant has been	3057
referred to the agency by an employment service that supplies	3058
full-time, part-time, or temporary staff for positions involving	3059
the direct care of older adults and both of the following apply:	3060

(a) The chief administrator receives from the employment	3061
service or the applicant a report of the results of a criminal	3062
records check regarding the applicant that has been conducted by	3063
the superintendent within the one-year period immediately	3064
preceding the applicant's referral;	3065

(b) The report of the criminal records check demonstrates	3066
that the person has not been convicted of or pleaded guilty to an	3067
offense listed or described in division (C)(2) of this section, or	3068
the report demonstrates that the person has been convicted of or	3069
pleaded guilty to one or more of those offenses, but the home	3070
health agency chooses to employ the individual pursuant to	3071
division (F) of this section.	3072

(2) The chief administrator of a home health agency is not	3073
required to request that the superintendent of the bureau of	3074
criminal identification and investigation conduct a criminal	3075
records check of an applicant for a position that involves	3076
providing direct care to older adults and may employ the applicant	3077
conditionally in a position of that nature as described in this	3078
division, if the applicant has been referred to the agency by an	3079
employment service that supplies full-time, part-time, or	3080
temporary staff for positions involving the direct care of older	3081
adults and if the chief administrator receives from the employment	3082
service or the applicant a letter from the employment service that	3083
is on the letterhead of the employment service, dated, and signed	3084
by a supervisor or another designated official of the employment	3085
service and that states that the employment service has requested	3086
the superintendent to conduct a criminal records check regarding	3087
the applicant, that the requested criminal records check will	3088
include a determination of whether the applicant has been	3089
convicted of or pleaded guilty to any offense listed or described	3090
in division (C)(2) of this section, that, as of the date set forth	3091
on the letter, the employment service had not received the results	3092
of the criminal records check, and that, when the employment	3093
service receives the results of the criminal records check, it	3094
promptly will send a copy of the results to the home health	3095
agency. If a home health agency employs an applicant conditionally	3096
in accordance with this division, the employment service, upon its	3097
receipt of the results of the criminal records check, promptly	3098
shall send a copy of the results to the home health agency, and	3099
division (C)(3)(b) of this section applies regarding the	3100
conditional employment.	3101

(3) The chief administrator of a home health agency is not	3102
required to request that the superintendent of the bureau of	3103
criminal identification and investigation conduct a criminal	3104
records check of an applicant for a position that involves both	3105
responsibility for the care, custody, and control of a child and	3106
the provision of direct care to older adults if the applicant has	3107
been referred to the agency by an employment service that supplies	3108
full-time, part-time, or temporary staff for positions involving	3109
both responsibility for the care, custody, and control of a child	3110
and the provision of direct care to older adults and both of the	3111
following apply:	3112

(a) The chief administrator receives from the employment	3113
service or applicant a report of a criminal records check of the	3114
type described in division (I)(1)(a) of this section;	3115

(b) The report of the criminal records check demonstrates	3116
that the person has not been convicted of or pleaded guilty to an	3117
offense listed or described in division (C)(1) or (2) of this	3118
section, or the report demonstrates that the person has been	3119
convicted of or pleaded guilty to one or more of those offenses,	3120
but the home health agency chooses to employ the individual	3121
pursuant to division (F) of this section.	3122

(4) The chief administrator of a home health agency is not	3123
required to request that the superintendent of the bureau of	3124
criminal identification and investigation conduct a criminal	3125
records check of an applicant for a position that involves both	3126
responsibility for the care, custody, and control of a child and	3127
the provision of direct care to older adults and may employ the	3128
applicant conditionally in a position of that nature as described	3129
in this division, if the applicant has been referred to the agency	3130
by an employment service that supplies full-time, part-time, or	3131
temporary staff for positions involving both responsibility for	3132
the care, custody, and control of a child and the direct care of	3133
older adults and if the chief administrator receives from the	3134
employment service or the applicant a letter from the employment	3135
service that is on the letterhead of the employment service,	3136
dated, and signed by a supervisor or another designated official	3137
of the employment service and that states that the employment	3138
service has requested the superintendent to conduct a criminal	3139
records check regarding the applicant, that the requested criminal	3140
records check will include a determination of whether the	3141
applicant has been convicted of or pleaded guilty to any offense	3142
listed or described in division (C)(1) or (2) of this section,	3143
that, as of the date set forth on the letter, the employment	3144
service had not received the results of the criminal records	3145
check, and that, when the employment service receives the results	3146
of the criminal records check, it promptly will send a copy of the	3147
results to the home health agency. If a home health agency employs	3148
an applicant conditionally in accordance with this division, the	3149
employment service, upon its receipt of the results of the	3150
criminal records check, promptly shall send a copy of the results	3151
to the home health agency, and division (C)(3)(b) of this section	3152
applies regarding the conditional employment.	3153

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

3154

(1) "Applicant" means a person who is under final	3155
consideration for employment with a hospice care program in a	3156
full-time, part-time, or temporary position that involves	3157
providing direct care to an older adult. "Applicant" does not	3158
include a person who provides direct care as a volunteer without	3159
receiving or expecting to receive any form of remuneration other	3160
than reimbursement for actual expenses.	3161

(2) "Criminal records check" and "older adult" have the same	3162
meanings as in section 109.572 of the Revised Code.	3163

(B)(1) Except as provided in division (I) of this section,	3164
the chief administrator of a hospice care program shall request	3165
that the superintendent of the bureau of criminal identification	3166
and investigation conduct a criminal records check with respect to	3167
each applicant. If an applicant for whom a criminal records check	3168
request is required under this division does not present proof of	3169
having been a resident of this state for the five-year period	3170
immediately prior to the date the criminal records check is	3171
requested or provide evidence that within that five-year period	3172
the superintendent has requested information about the applicant	3173
from the federal bureau of investigation in a criminal records	3174
check, the chief administrator shall request that the	3175
superintendent obtain information from the federal bureau of	3176
investigation as part of the criminal records check of the	3177
applicant. Even if an applicant for whom a criminal records check	3178
request is required under this division presents proof of having	3179
been a resident of this state for the five-year period, the chief	3180
administrator may request that the superintendent include	3181
information from the federal bureau of investigation in the	3182
criminal records check.	3183

(2) A person required by division (B)(1) of this section to	3184
request a criminal records check shall do both of the following:	3185

(a) Provide to each applicant for whom a criminal records	3186
check request is required under that division a copy of the form	3187
prescribed pursuant to division (C)(1) of section 109.572 of the	3188
Revised Code and a standard fingerprint impression sheet	3189
prescribed pursuant to division (C)(2) of that section, and obtain	3190
the completed form and impression sheet from the applicant;	3191

(b) Forward the completed form and impression sheet to the	3192
superintendent of the bureau of criminal identification and	3193
investigation.	3194

(3) An applicant provided the form and fingerprint impression	3195
sheet under division (B)(2)(a) of this section who fails to	3196
complete the form or provide fingerprint impressions shall not be	3197
employed in any position for which a criminal records check is	3198
required by this section.	3199

(C)(1) Except as provided in rules adopted by the public	3200
health council in accordance with division (F) of this section and	3201
subject to division (C)(2) of this section, no hospice care	3202
program shall employ a person in a position that involves	3203
providing direct care to an older adult if the person has been	3204
convicted of or pleaded guilty to any of the following:	3205

(a) A violation of section 2903.01, 2903.02, 2903.03,	3206
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	3207
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,	3208
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31,	3209
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11,	3210
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,	3211
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36,	3212
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13,	3213
2925.22, 2925.23, or 3716.11 of the Revised Code.	3214

(b) A violation of an existing or former law of this state,	3215
any other state, or the United States that is substantially	3216
equivalent to any of the offenses listed in division (C)(1)(a) of	3217
this section.	3218

(2)(a) A hospice care program may employ conditionally an	3219
applicant for whom a criminal records check request is required	3220
under division (B) of this section prior to obtaining the results	3221
of a criminal records check regarding the individual, provided	3222
that the program shall request a criminal records check regarding	3223
the individual in accordance with division (B)(1) of this section	3224
not later than five business days after the individual begins	3225
conditional employment. In the circumstances described in division	3226
(I)(2) of this section, a hospice care program may employ	3227
conditionally an applicant who has been referred to the hospice	3228
care program by an employment service that supplies full-time,	3229
part-time, or temporary staff for positions involving the direct	3230
care of older adults and for whom, pursuant to that division, a	3231
criminal records check is not required under division (B) of this	3232
section.	3233

(b) A hospice care program that employs an individual	3234
conditionally under authority of division (C)(2)(a) of this	3235
section shall terminate the individual's employment if the results	3236
of the criminal records check requested under division (B) of this	3237
section or described in division (I)(2) of this section, other	3238
than the results of any request for information from the federal	3239
bureau of investigation, are not obtained within the period ending	3240
sixtythirty days after the date the request is made. Regardless	3241
of when the results of the criminal records check are obtained, if	3242
the results indicate that the individual has been convicted of or	3243
pleaded guilty to any of the offenses listed or described in	3244
division (C)(1) of this section, the program shall terminate the	3245
individual's employment unless the program chooses to employ the	3246
individual pursuant to division (F) of this section. Termination	3247
of employment under this division shall be considered just cause	3248
for discharge for purposes of division (D)(2) of section 4141.29	3249
of the Revised Code if the individual makes any attempt to deceive	3250
the program about the individual's criminal record.	3251

(D)(1) Each hospice care program shall pay to the bureau of	3252
criminal identification and investigation the fee prescribed	3253
pursuant to division (C)(3) of section 109.572 of the Revised Code	3254
for each criminal records check conducted pursuant to a request	3255
made under division (B) of this section.	3256

(2) A hospice care program may charge an applicant a fee not	3257
exceeding the amount the program pays under division (D)(1) of	3258
this section. A program may collect a fee only if both of the	3259
following apply:	3260

(a) The program notifies the person at the time of initial	3261
application for employment of the amount of the fee and that,	3262
unless the fee is paid, the person will not be considered for	3263
employment;	3264

(b) The medical assistance program established under Chapter	3265
5111. of the Revised Code does not reimburse the program the fee	3266
it pays under division (D)(1) of this section.	3267

(E) The report of a criminal records check conducted pursuant	3268
to a request made under this section is not a public record for	3269
the purposes of section 149.43 of the Revised Code and shall not	3270
be made available to any person other than the following:	3271

(1) The individual who is the subject of the criminal records	3272
check or the individual's representative;	3273

(2) The chief administrator of the program requesting the	3274
criminal records check or the administrator's representative;	3275

(3) The administrator of any other facility, agency, or	3276
program that provides direct care to older adults that is owned or	3277
operated by the same entity that owns or operates the hospice care	3278
program;	3279

(4) A court, hearing officer, or other necessary individual	3280
involved in a case dealing with a denial of employment of the	3281
applicant or dealing with employment or unemployment benefits of	3282
the applicant;	3283

(5) Any person to whom the report is provided pursuant to,	3284
and in accordance with, division (I)(1) or (2) of this section.	3285

(F) The public health council shall adopt rules in accordance	3286
with Chapter 119. of the Revised Code to implement this section.	3287
The rules shall specify circumstances under which a hospice care	3288
program may employ a person who has been convicted of or pleaded	3289
guilty to an offense listed or described in division (C)(1) of	3290
this section but meets personal character standards set by the	3291
council.	3292

(G) The chief administrator of a hospice care program shall	3293
inform each individual, at the time of initial application for a	3294
position that involves providing direct care to an older adult,	3295
that the individual is required to provide a set of fingerprint	3296
impressions and that a criminal records check is required to be	3297
conducted if the individual comes under final consideration for	3298
employment.	3299

(H) In a tort or other civil action for damages that is	3300
brought as the result of an injury, death, or loss to person or	3301
property caused by an individual who a hospice care program	3302
employs in a position that involves providing direct care to older	3303
adults, all of the following shall apply:	3304

(1) If the program employed the individual in good faith and	3305
reasonable reliance on the report of a criminal records check	3306
requested under this section, the program shall not be found	3307
negligent solely because of its reliance on the report, even if	3308
the information in the report is determined later to have been	3309
incomplete or inaccurate;	3310

(2) If the program employed the individual in good faith on a	3311
conditional basis pursuant to division (C)(2) of this section, the	3312
program shall not be found negligent solely because it employed	3313
the individual prior to receiving the report of a criminal records	3314
check requested under this section;	3315

(3) If the program in good faith employed the individual	3316
according to the personal character standards established in rules	3317
adopted under division (F) of this section, the program shall not	3318
be found negligent solely because the individual prior to being	3319
employed had been convicted of or pleaded guilty to an offense	3320
listed or described in division (C)(1) of this section.	3321

(I)(1) The chief administrator of a hospice care program is	3322
not required to request that the superintendent of the bureau of	3323
criminal identification and investigation conduct a criminal	3324
records check of an applicant if the applicant has been referred	3325
to the program by an employment service that supplies full-time,	3326
part-time, or temporary staff for positions involving the direct	3327
care of older adults and both of the following apply:	3328

(a) The chief administrator receives from the employment	3329
service or the applicant a report of the results of a criminal	3330
records check regarding the applicant that has been conducted by	3331
the superintendent within the one-year period immediately	3332
preceding the applicant's referral;	3333

(b) The report of the criminal records check demonstrates	3334
that the person has not been convicted of or pleaded guilty to an	3335
offense listed or described in division (C)(1) of this section, or	3336
the report demonstrates that the person has been convicted of or	3337
pleaded guilty to one or more of those offenses, but the hospice	3338
care program chooses to employ the individual pursuant to division	3339
(F) of this section.	3340

(2) The chief administrator of a hospice care program is not	3341
required to request that the superintendent of the bureau of	3342
criminal identification and investigation conduct a criminal	3343
records check of an applicant and may employ the applicant	3344
conditionally as described in this division, if the applicant has	3345
been referred to the program by an employment service that	3346
supplies full-time, part-time, or temporary staff for positions	3347
involving the direct care of older adults and if the chief	3348
administrator receives from the employment service or the	3349
applicant a letter from the employment service that is on the	3350
letterhead of the employment service, dated, and signed by a	3351
supervisor or another designated official of the employment	3352
service and that states that the employment service has requested	3353
the superintendent to conduct a criminal records check regarding	3354
the applicant, that the requested criminal records check will	3355
include a determination of whether the applicant has been	3356
convicted of or pleaded guilty to any offense listed or described	3357
in division (C)(1) of this section, that, as of the date set forth	3358
on the letter, the employment service had not received the results	3359
of the criminal records check, and that, when the employment	3360
service receives the results of the criminal records check, it	3361
promptly will send a copy of the results to the hospice care	3362
program. If a hospice care program employs an applicant	3363
conditionally in accordance with this division, the employment	3364
service, upon its receipt of the results of the criminal records	3365
check, promptly shall send a copy of the results to the hospice	3366
care program, and division (C)(2)(b) of this section applies	3367
regarding the conditional employment.	3368

Sec. 3734.02.  (A) The director of environmental protection,	3369
in accordance with Chapter 119. of the Revised Code, shall adopt	3370
and may amend, suspend, or rescind rules having uniform	3371
application throughout the state governing solid waste facilities	3372
and the inspections of and issuance of permits and licenses for	3373
all solid waste facilities in order to ensure that the facilities	3374
will be located, maintained, and operated, and will undergo	3375
closure and post-closure care, in a sanitary manner so as not to	3376
create a nuisance, cause or contribute to water pollution, create	3377
a health hazard, or violate 40 C.F.R. 257.3-2 or 40 C.F.R.	3378
257.3-8, as amended. The rules may include, without limitation,	3379
financial assurance requirements for closure and post-closure care	3380
and corrective action and requirements for taking corrective	3381
action in the event of the surface or subsurface discharge or	3382
migration of explosive gases or leachate from a solid waste	3383
facility, or of ground water contamination resulting from the	3384
transfer or disposal of solid wastes at a facility, beyond the	3385
boundaries of any area within a facility that is operating or is	3386
undergoing closure or post-closure care where solid wastes were	3387
disposed of or are being disposed of. The rules shall not concern	3388
or relate to personnel policies, salaries, wages, fringe benefits,	3389
or other conditions of employment of employees of persons owning	3390
or operating solid waste facilities. The director, in accordance	3391
with Chapter 119. of the Revised Code, shall adopt and may amend,	3392
suspend, or rescind rules governing the issuance, modification,	3393
revocation, suspension, or denial of variances from the director's	3394
solid waste rules, including, without limitation, rules adopted	3395
under this chapter governing the management of scrap tires.	3396

Variances shall be issued, modified, revoked, suspended, or	3397
rescinded in accordance with this division, rules adopted under	3398
it, and Chapter 3745. of the Revised Code. The director may order	3399
the person to whom a variance is issued to take such action within	3400
such time as the director may determine to be appropriate and	3401
reasonable to prevent the creation of a nuisance or a hazard to	3402
the public health or safety or the environment. Applications for	3403
variances shall contain such detail plans, specifications, and	3404
information regarding objectives, procedures, controls, and other	3405
pertinent data as the director may require. The director shall	3406
grant a variance only if the applicant demonstrates to the	3407
director's satisfaction that construction and operation of the	3408
solid waste facility in the manner allowed by the variance and any	3409
terms or conditions imposed as part of the variance will not	3410
create a nuisance or a hazard to the public health or safety or	3411
the environment. In granting any variance, the director shall	3412
state the specific provision or provisions whose terms are to be	3413
varied and also shall state specific terms or conditions imposed	3414
upon the applicant in place of the provision or provisions. The	3415
director may hold a public hearing on an application for a	3416
variance or renewal of a variance at a location in the county	3417
where the operations that are the subject of the application for	3418
the variance are conducted. The director shall give not less than	3419
twenty days' notice of the hearing to the applicant by certified	3420
mail and shall publish at least one notice of the hearing in a	3421
newspaper with general circulation in the county where the hearing	3422
is to be held. The director shall make available for public	3423
inspection at the principal office of the environmental protection	3424
agency a current list of pending applications for variances and a	3425
current schedule of pending variance hearings. The director shall	3426
make a complete stenographic record of testimony and other	3427
evidence submitted at the hearing. Within ten days after the	3428
hearing, the director shall make a written determination to issue,	3429
renew, or deny the variance and shall enter the determination and	3430
the basis for it into the record of the hearing. The director	3431
shall issue, renew, or deny an application for a variance or	3432
renewal of a variance within six months of the date upon which the	3433
director receives a complete application with all pertinent	3434
information and data required. No variance shall be issued,	3435
revoked, modified, or denied until the director has considered the	3436
relative interests of the applicant, other persons and property	3437
affected by the variance, and the general public. Any variance	3438
granted under this division shall be for a period specified by the	3439
director and may be renewed from time to time on such terms and	3440
for such periods as the director determines to be appropriate. No	3441
application shall be denied and no variance shall be revoked or	3442
modified without a written order stating the findings upon which	3443
the denial, revocation, or modification is based. A copy of the	3444
order shall be sent to the applicant or variance holder by	3445
certified mail.	3446

(B) The director shall prescribe and furnish the forms	3447
necessary to administer and enforce this chapter. The director may	3448
cooperate with and enter into agreements with other state, local,	3449
or federal agencies to carry out the purposes of this chapter. The	3450
director may exercise all incidental powers necessary to carry out	3451
the purposes of this chapter.	3452

The director may use moneys in the infectious waste	3453
management fund created in section 3734.021 of the Revised Code	3454
exclusively for administering and enforcing the provisions of this	3455
chapter governing the management of infectious wastes. Of each	3456
registration and renewal fee collected under rules adopted under	3457
division (A)(2)(a) of section 3734.021 or under section 3734.022	3458
of the Revised Code, the director, within forty-five days of its	3459
receipt, shall remit from the fund one-half of the fee received to	3460
the board of health of the health district in which the registered	3461
premises is located, or, in the instance of an infectious wastes	3462
transporter, to the board of health of the health district in	3463
which the transporter's principal place of business is located.	3464
However, if the board of health having jurisdiction over a	3465
registrant's premises or principal place of business is not on the	3466
approved list under section 3734.08 of the Revised Code, the	3467
director shall not make that payment to the board of health.	3468

(C) Except as provided in this division and divisions (N)(2)	3469
and (3) of this section, no person shall establish a new solid	3470
waste facility or infectious waste treatment facility, or modify	3471
an existing solid waste facility or infectious waste treatment	3472
facility, without submitting an application for a permit with	3473
accompanying detail plans, specifications, and information	3474
regarding the facility and method of operation and receiving a	3475
permit issued by the director, except that no permit shall be	3476
required under this division to install or operate a solid waste	3477
facility for sewage sludge treatment or disposal when the	3478
treatment or disposal is authorized by a current permit issued	3479
under Chapter 3704. or 6111. of the Revised Code.	3480

No person shall continue to operate a solid waste facility	3481
for which the director has denied a permit for which an	3482
application was required under division (A)(3) of section 3734.05	3483
of the Revised Code, or for which the director has disapproved	3484
plans and specifications required to be filed by an order issued	3485
under division (A)(5) of that section, after the date prescribed	3486
for commencement of closure of the facility in the order issued	3487
under division (A)(6) of section 3734.05 of the Revised Code	3488
denying the permit application or approval.	3489

On and after the effective date of the rules adopted under	3490
division (A) of this section and division (D) of section 3734.12	3491
of the Revised Code governing solid waste transfer facilities, no	3492
person shall establish a new, or modify an existing, solid waste	3493
transfer facility without first submitting an application for a	3494
permit with accompanying engineering detail plans, specifications,	3495
and information regarding the facility and its method of operation	3496
to the director and receiving a permit issued by the director.	3497

No person shall establish a new compost facility or continue	3498
to operate an existing compost facility that accepts exclusively	3499
source separated yard wastes without submitting a completed	3500
registration for the facility to the director in accordance with	3501
rules adopted under divisions (A) and (N)(3) of this section.	3502

This division does not apply to an infectious waste treatment	3503
facility that meets any of the following conditions:	3504

(1) Is owned or operated by the generator of the wastes and	3505
exclusively treats, by methods, techniques, and practices	3506
established by rules adopted under division (C)(1) or (3) of	3507
section 3734.021 of the Revised Code, wastes that are generated at	3508
any premises owned or operated by that generator regardless of	3509
whether the wastes are generated on the premises where the	3510
generator's treatment facility is located or, if the generator is	3511
a hospital as defined in section 3727.01 of the Revised Code,	3512
infectious wastes that are described in division (A)(1)(g), (h),	3513
or (i) of section 3734.021 of the Revised Code;	3514

(2) Holds a license or renewal of a license to operate a	3515
crematory facility issued under Chapter 4717. and a permit issued	3516
under Chapter 3704. of the Revised Code;	3517

(3) Treats or disposes of dead animals or parts thereof, or	3518
the blood of animals, and is subject to any of the following:	3519

(a) Inspection under the "Federal Meat Inspection Act," 81	3520
Stat. 584 (1967), 21 U.S.C.A. 603, as amended;	3521

(b) Chapter 918. of the Revised Code;

3522

(c) Chapter 953. of the Revised Code.

3523

(D) Neither this chapter nor any rules adopted under it apply	3524
to single-family residential premises; to infectious wastes	3525
generated by individuals for purposes of their own care or	3526
treatment that are disposed of with solid wastes from the	3527
individual's residence; to the temporary storage of solid wastes,	3528
other than scrap tires, prior to their collection for disposal; to	3529
the storage of one hundred or fewer scrap tires unless they are	3530
stored in such a manner that, in the judgment of the director or	3531
the board of health of the health district in which the scrap	3532
tires are stored, the storage causes a nuisance, a hazard to	3533
public health or safety, or a fire hazard; or to the collection of	3534
solid wastes, other than scrap tires, by a political subdivision	3535
or a person holding a franchise or license from a political	3536
subdivision of the state; to composting, as defined in section	3537
1511.01 of the Revised Code, conducted in accordance with section	3538
1511.022 of the Revised Code; or to any person who is licensed to	3539
transport raw rendering material to a compost facility pursuant to	3540
section 953.23 of the Revised Code.	3541

(E)(1) As used in this division and section 3734.18 of the	3542
Revised Code:	3543

(a) "On-site facility" means a facility that stores, treats,	3544
or disposes of hazardous waste that is generated on the premises	3545
of the facility.	3546

(b) "Off-site facility" means a facility that stores, treats,	3547
or disposes of hazardous waste that is generated off the premises	3548
of the facility and includes such a facility that is also an	3549
on-site facility.	3550

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

3551

(i) An on-site facility that also receives hazardous waste	3552
from other premises owned by the same person who generates the	3553
waste on the facility premises;	3554

(ii) An off-site facility operated so that all of the	3555
hazardous waste it receives is generated on one or more premises	3556
owned by the person who owns the facility;	3557

(iii) An on-site facility that also receives hazardous waste	3558
that is transported uninterruptedly and directly to the facility	3559
through a pipeline from a generator who is not the owner of the	3560
facility.	3561

(2) Except as provided in division (E)(3) of this section, no	3562
person shall establish or operate a hazardous waste facility, or	3563
use a solid waste facility for the storage, treatment, or disposal	3564
of any hazardous waste, without a hazardous waste facility	3565
installation and operation permit issued in accordance with	3566
section 3734.05 of the Revised Code and subject to the payment of	3567
an application fee not to exceed one thousand five hundred	3568
dollars, payable upon application for a hazardous waste facility	3569
installation and operation permit and upon application for a	3570
renewal permit issued under division (H) of section 3734.05 of the	3571
Revised Code, to be credited to the hazardous waste facility	3572
management fund created in section 3734.18 of the Revised Code.	3573
The term of a hazardous waste facility installation and operation	3574
permit shall not exceed five years.	3575

In addition to the application fee, there is hereby levied an	3576
annual permit fee to be paid by the permit holder upon the	3577
anniversaries of the date of issuance of the hazardous waste	3578
facility installation and operation permit and of any subsequent	3579
renewal permits and to be credited to the hazardous waste facility	3580
management fund. Annual permit fees totaling forty thousand	3581
dollars or more for any one facility may be paid on a quarterly	3582
basis with the first quarterly payment each year being due on the	3583
anniversary of the date of issuance of the hazardous waste	3584
facility installation and operation permit and of any subsequent	3585
renewal permits. The annual permit fee shall be determined for	3586
each permit holder by the director in accordance with the	3587
following schedule:	3588

A hazardous waste disposal facility that disposes of	3619
hazardous waste by deep well injection and that pays the annual	3620
permit fee established in section 6111.046 of the Revised Code is	3621
not subject to the permit fee established in this division for	3622
disposal facilities using deep well injection unless the director	3623
determines that the facility is not in compliance with applicable	3624
requirements established under this chapter and rules adopted	3625
under it.	3626

In determining the annual permit fee required by this	3627
section, the director shall not require additional payments for	3628
multiple units of the same method of storage, treatment, or	3629
disposal or for individual units that are used for both storage	3630
and treatment. A facility using more than one method of storage,	3631
treatment, or disposal shall pay the permit fee indicated by the	3632
schedule for each such method.	3633

The director shall not require the payment of that portion of	3634
an annual permit fee of any permit holder that would apply to a	3635
hazardous waste management unit for which a permit has been	3636
issued, but for which construction has not yet commenced. Once	3637
construction has commenced, the director shall require the payment	3638
of a part of the appropriate fee indicated by the schedule that	3639
bears the same relationship to the total fee that the number of	3640
days remaining until the next anniversary date at which payment of	3641
the annual permit fee is due bears to three hundred sixty-five.	3642

The director, by rules adopted in accordance with Chapters	3643
119. and 3745. of the Revised Code, shall prescribe procedures for	3644
collecting the annual permit fee established by this division and	3645
may prescribe other requirements necessary to carry out this	3646
division.	3647

(3) The prohibition against establishing or operating a	3648
hazardous waste facility without a hazardous waste facility	3649
installation and operation permit does not apply to either of the	3650
following:	3651

(a) A facility that is operating in accordance with a permit	3652
renewal issued under division (H) of section 3734.05 of the	3653
Revised Code, a revision issued under division (I) of that section	3654
as it existed prior to August 20, 1996, or a modification issued	3655
by the director under division (I) of that section on and after	3656
August 20, 1996;	3657

(b) Except as provided in division (J) of section 3734.05 of	3658
the Revised Code, a facility that will operate or is operating in	3659
accordance with a permit by rule, or that is not subject to permit	3660
requirements, under rules adopted by the director. In accordance	3661
with Chapter 119. of the Revised Code, the director shall adopt,	3662
and subsequently may amend, suspend, or rescind, rules for the	3663
purposes of division (E)(3)(b) of this section. Any rules so	3664
adopted shall be consistent with and equivalent to regulations	3665
pertaining to interim status adopted under the "Resource	3666
Conservation and Recovery Act of 1976," 90 Stat. 2806, 42 U.S.C.A.	3667
6921, as amended, except as otherwise provided in this chapter.	3668

If a modification is requested or proposed for a facility	3669
described in division (E)(3)(a) or (b) of this section, division	3670
(I)(7) of section 3734.05 of the Revised Code applies.	3671

(F) No person shall store, treat, or dispose of hazardous	3672
waste identified or listed under this chapter and rules adopted	3673
under it, regardless of whether generated on or off the premises	3674
where the waste is stored, treated, or disposed of, or transport	3675
or cause to be transported any hazardous waste identified or	3676
listed under this chapter and rules adopted under it to any other	3677
premises, except at or to any of the following:	3678

(1) A hazardous waste facility operating under a permit	3679
issued in accordance with this chapter;	3680

(2) A facility in another state operating under a license or	3681
permit issued in accordance with the "Resource Conservation and	3682
Recovery Act of 1976," 90 Stat. 2806, 42 U.S.C.A. 6921, as	3683
amended;	3684

(3) A facility in another nation operating in accordance with	3685
the laws of that nation;	3686

(4) A facility holding a permit issued pursuant to Title I of	3687
the "Marine Protection, Research, and Sanctuaries Act of 1972," 86	3688
Stat. 1052, 33 U.S.C.A. 1401, as amended;	3689

(5) A hazardous waste facility as described in division	3690
(E)(3)(a) or (b) of this section.	3691

(G) The director, by order, may exempt any person generating,	3692
collecting, storing, treating, disposing of, or transporting solid	3693
wastes or hazardous waste, or processing solid wastes that consist	3694
of scrap tires, in such quantities or under such circumstances	3695
that, in the determination of the director, are unlikely to	3696
adversely affect the public health or safety or the environment	3697
from any requirement to obtain a registration certificate, permit,	3698
or license or comply with the manifest system or other	3699
requirements of this chapter. Such an exemption shall be	3700
consistent with and equivalent to any regulations adopted by the	3701
administrator of the United States environmental protection agency	3702
under the "Resource Conservation and Recovery Act of 1976," 90	3703
Stat. 2806, 42 U.S.C.A. 6921, as amended, except as otherwise	3704
provided in this chapter.	3705

(H) No person shall engage in filling, grading, excavating,	3706
building, drilling, or mining on land where a hazardous waste	3707
facility, or a solid waste facility, was operated without prior	3708
authorization from the director, who shall establish the procedure	3709
for granting such authorization by rules adopted in accordance	3710
with Chapter 119. of the Revised Code.	3711

A public utility that has main or distribution lines above or	3712
below the land surface located on an easement or right-of-way	3713
across land where a solid waste facility was operated may engage	3714
in any such activity within the easement or right-of-way without	3715
prior authorization from the director for purposes of performing	3716
emergency repair or emergency replacement of its lines; of the	3717
poles, towers, foundations, or other structures supporting or	3718
sustaining any such lines; or of the appurtenances to those	3719
structures, necessary to restore or maintain existing public	3720
utility service. A public utility may enter upon any such easement	3721
or right-of-way without prior authorization from the director for	3722
purposes of performing necessary or routine maintenance of those	3723
portions of its existing lines; of the existing poles, towers,	3724
foundations, or other structures sustaining or supporting its	3725
lines; or of the appurtenances to any such supporting or	3726
sustaining structure, located on or above the land surface on any	3727
such easement or right-of-way. Within twenty-four hours after	3728
commencing any such emergency repair, replacement, or maintenance	3729
work, the public utility shall notify the director or the	3730
director's authorized representative of those activities and shall	3731
provide such information regarding those activities as the	3732
director or the director's representative may request. Upon	3733
completion of the emergency repair, replacement, or maintenance	3734
activities, the public utility shall restore any land of the solid	3735
waste facility disturbed by those activities to the condition	3736
existing prior to the commencement of those activities.	3737

(I) No owner or operator of a hazardous waste facility, in	3738
the operation of the facility, shall cause, permit, or allow the	3739
emission therefrom of any particulate matter, dust, fumes, gas,	3740
mist, smoke, vapor, or odorous substance that, in the opinion of	3741
the director, unreasonably interferes with the comfortable	3742
enjoyment of life or property by persons living or working in the	3743
vicinity of the facility, or that is injurious to public health.	3744
Any such action is hereby declared to be a public nuisance.	3745

(J) Notwithstanding any other provision of this chapter, in	3746
the event the director finds an imminent and substantial danger to	3747
public health or safety or the environment that creates an	3748
emergency situation requiring the immediate treatment, storage, or	3749
disposal of hazardous waste, the director may issue a temporary	3750
emergency permit to allow the treatment, storage, or disposal of	3751
the hazardous waste at a facility that is not otherwise authorized	3752
by a hazardous waste facility installation and operation permit to	3753
treat, store, or dispose of the waste. The emergency permit shall	3754
not exceed ninety days in duration and shall not be renewed. The	3755
director shall adopt, and may amend, suspend, or rescind, rules in	3756
accordance with Chapter 119. of the Revised Code governing the	3757
issuance, modification, revocation, and denial of emergency	3758
permits.	3759

(K) No owner or operator of a sanitary landfill shall	3760
knowingly accept for disposal, or dispose of, any infectious	3761
wastes, other than those subject to division (A)(1)(c) of section	3762
3734.021 of the Revised Code, that have not been treated to render	3763
them noninfectious. For the purposes of this division,	3764
certification by the owner or operator of the treatment facility	3765
where the wastes were treated on the shipping paper required by	3766
rules adopted under division (D)(2) of that section creates a	3767
rebuttable presumption that the wastes have been so treated.	3768

(L) The director, in accordance with Chapter 119. of the	3769
Revised Code, shall adopt, and may amend, suspend, or rescind,	3770
rules having uniform application throughout the state establishing	3771
a training and certification program that shall be required for	3772
employees of boards of health who are responsible for enforcing	3773
the solid waste and infectious waste provisions of this chapter	3774
and rules adopted under them and for persons who are responsible	3775
for the operation of solid waste facilities or infectious waste	3776
treatment facilities. The rules shall provide all of the	3777
following, without limitation:	3778

(1) The program shall be administered by the director and	3779
shall consist of a course on new solid waste and infectious waste	3780
technologies, enforcement procedures, and rules;	3781

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

3782

(3) Those persons who are required to take the course under	3783
division (L) of this section shall do so triennially;	3784

(4) Persons who successfully complete the course shall be	3785
certified by the director;	3786

(5) Certification shall be required for all employees of	3787
boards of health who are responsible for enforcing the solid waste	3788
or infectious waste provisions of this chapter and rules adopted	3789
under them and for all persons who are responsible for the	3790
operation of solid waste facilities or infectious waste treatment	3791
facilities;	3792

(6)(a) All employees of a board of health who, on the	3793
effective date of the rules adopted under this division, are	3794
responsible for enforcing the solid waste or infectious waste	3795
provisions of this chapter and the rules adopted under them shall	3796
complete the course and be certified by the director not later	3797
than January 1, 1995;	3798

(b) All employees of a board of health who, after the	3799
effective date of the rules adopted under division (L) of this	3800
section, become responsible for enforcing the solid waste or	3801
infectious waste provisions of this chapter and rules adopted	3802
under them and who do not hold a current and valid certification	3803
from the director at that time shall complete the course and be	3804
certified by the director within two years after becoming	3805
responsible for performing those activities.	3806

No person shall fail to obtain the certification required	3807
under this division.	3808

(M) The director shall not issue a permit under section	3809
3734.05 of the Revised Code to establish a solid waste facility,	3810
or to modify a solid waste facility operating on December 21,	3811
1988, in a manner that expands the disposal capacity or geographic	3812
area covered by the facility, that is or is to be located within	3813
the boundaries of a state park established or dedicated under	3814
Chapter 1541. of the Revised Code, a state park purchase area	3815
established under section 1541.02 of the Revised Code, any unit of	3816
the national park system, or any property that lies within the	3817
boundaries of a national park or recreation area, but that has not	3818
been acquired or is not administered by the secretary of the	3819
United States department of the interior, located in this state,	3820
or any candidate area located in this state and identified for	3821
potential inclusion in the national park system in the edition of	3822
the "national park system plan" submitted under paragraph (b) of	3823
section 8 of "The Act of August 18, 1970," 84 Stat. 825, 16	3824
U.S.C.A. 1a-5, as amended, current at the time of filing of the	3825
application for the permit, unless the facility or proposed	3826
facility is or is to be used exclusively for the disposal of solid	3827
wastes generated within the park or recreation area and the	3828
director determines that the facility or proposed facility will	3829
not degrade any of the natural or cultural resources of the park	3830
or recreation area. The director shall not issue a variance under	3831
division (A) of this section and rules adopted under it, or issue	3832
an exemption order under division (G) of this section, that would	3833
authorize any such establishment or expansion of a solid waste	3834
facility within the boundaries of any such park or recreation	3835
area, state park purchase area, or candidate area, other than a	3836
solid waste facility exclusively for the disposal of solid wastes	3837
generated within the park or recreation area when the director	3838
determines that the facility will not degrade any of the natural	3839
or cultural resources of the park or recreation area.	3840

(N)(1) The rules adopted under division (A) of this section,	3841
other than those governing variances, do not apply to scrap tire	3842
collection, storage, monocell, monofill, and recovery facilities.	3843
Those facilities are subject to and governed by rules adopted	3844
under sections 3734.70 to 3734.73 of the Revised Code, as	3845
applicable.	3846

(2) Division (C) of this section does not apply to scrap tire	3847
collection, storage, monocell, monofill, and recovery facilities.	3848
The establishment and modification of those facilities are subject	3849
to sections 3734.75 to 3734.78 and section 3734.81 of the Revised	3850
Code, as applicable.	3851

(3) The director may adopt, amend, suspend, or rescind rules	3852
under division (A) of this section creating an alternative system	3853
for authorizing the establishment, operation, or modification of a	3854
solid waste compost facility in lieu of the requirement that a	3855
person seeking to establish, operate, or modify a solid waste	3856
compost facility apply for and receive a permit under division (C)	3857
of this section and section 3734.05 of the Revised Code and a	3858
license under division (A)(1) of that section. The rules may	3859
include requirements governing, without limitation, the	3860
classification of solid waste compost facilities, the submittal of	3861
operating records for solid waste compost facilities, and the	3862
creation of a registration or notification system in lieu of the	3863
issuance of permits and licenses for solid waste compost	3864
facilities. The rules shall specify the applicability of divisions	3865
(A)(1), (2)(a), (3), and (4) of section 3734.05 of the Revised	3866
Code to a solid waste compost facility.	3867

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

3868

(1) "On-site facility" means a facility that treats or	3869
disposes of hazardous waste that is generated on the premises of	3870
the facility.	3871

(2) "Off-site facility" means a facility that treats or	3872
disposes of hazardous waste that is generated off the premises of	3873
the facility.	3874

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

3875

(a) An on-site facility that also receives hazardous waste	3876
from other premises owned by the same person who generates the	3877
waste on the facility premises;	3878

(b) An off-site facility operated so that all of the	3879
hazardous waste it receives is generated on one or more premises	3880
owned by the person who owns the facility;	3881

(c) An on-site facility that also receives hazardous waste	3882
that is transported uninterruptedly and directly to the facility	3883
through a pipeline from a generator who is not the owner of the	3884
facility.	3885

(B) A treatment or disposal facility that is subject to the	3886
fees that are levied under this section may be both an on-site	3887
facility and an off-site facility. The determination of whether an	3888
on-site facility fee or an off-site facility fee is to be paid for	3889
a hazardous waste that is treated or disposed of at the facility	3890
shall be based on whether that hazardous waste was generated on or	3891
off the premises of the facility.	3892

(C) There are hereby levied fees on the disposal of hazardous	3893
waste to be collected according to the following schedule at each	3894
disposal facility to which a hazardous waste facility installation	3895
and operation permit or renewal of a permit has been issued under	3896
this chapter or that is operating in accordance with a permit by	3897
rule under rules adopted by the director of environmental	3898
protection:	3899

(1) For disposal facilities that are off-site facilities as	3900
defined in division (E) of section 3734.02 of the Revised Code,	3901
fees shall be levied at the rate of four dollars and fifty cents	3902
per ton for hazardous waste disposed of by deep well injection and	3903
nine dollars per ton for hazardous waste disposed of by land	3904
application or landfilling. The owner or operator of the facility,	3905
as a trustee for the state, shall collect the fees and forward	3906
them to the director in accordance with rules adopted under this	3907
section.	3908

(2) For disposal facilities that are on-site or satellite	3909
facilities, as defined in division (E) of section 3734.02 of the	3910
Revised Code, fees shall be levied at the rate of two dollars per	3911
ton for hazardous waste disposed of by deep well injection and	3912
four dollars per ton for hazardous waste disposed of by land	3913
application or landfilling. The maximum annual disposal fee for an	3914
on-site disposal facility that disposes of one hundred thousand	3915
tons or less of hazardous waste in a year is twenty-five thousand	3916
dollars. The maximum annual disposal fee for an on-site facility	3917
that disposes of more than one hundred thousand tons of hazardous	3918
waste in a year by land application or landfilling is fifty	3919
thousand dollars, and the maximum annual fee for an on-site	3920
facility that disposes of more than one hundred thousand tons of	3921
hazardous waste in a year by deep well injection is one hundred	3922
thousand dollars. The maximum annual disposal fee for a satellite	3923
facility that disposes of one hundred thousand tons or less of	3924
hazardous waste in a year is thirty-seven thousand five hundred	3925
dollars, and the maximum annual disposal fee for a satellite	3926
facility that disposes of more than one hundred thousand tons of	3927
hazardous waste in a year is seventy-five thousand dollars, except	3928
that a satellite facility defined under division (E)(A)(3)(b) of	3929
this section 3734.02 of the Revised Code that receives hazardous	3930
waste from a single generation site is subject to the same maximum	3931
annual disposal fees as an on-site disposal facility. The owner or	3932
operator shall pay the fee to the director each year upon the	3933
anniversary of the date of issuance of the owner's or operator's	3934
installation and operation permit during the term of that permit	3935
and any renewal permit issued under division (H) of section	3936
3734.05 of the Revised Code or on the anniversary of the date of a	3937
permit by rule. If payment is late, the owner or operator shall	3938
pay an additional ten per cent of the amount of the fee for each	3939
month that it is late.	3940

(B)(D) There are hereby levied fees at the rate of two	3941
dollars per ton on hazardous waste that is treated at treatment	3942
facilities that are not on-site or satellite facilities, as	3943
defined in division (E) of section 3734.02 of the Revised Code, to	3944
which a hazardous waste facility installation and operation permit	3945
or renewal of a permit has been issued under this chapter, whose	3946
owner or operator is operating in accordance with a permit by rule	3947
under rules adopted by the director, or that are not subject to	3948
the hazardous waste facility installation and operation permit	3949
requirements under rules adopted by the director.	3950

(C)(E) There are hereby levied additional fees on the	3951
treatment and disposal of hazardous waste at the rate of ten per	3952
cent of the applicable fees prescribed in division (A)(C) or	3953
(B)(D) of this section for the purposes of paying the costs of	3954
municipal corporations and counties for conducting reviews of	3955
applications for hazardous waste facility installation and	3956
operation permits for proposed new or modified hazardous waste	3957
landfills within their boundaries, emergency response actions with	3958
respect to releases of hazardous waste from hazardous waste	3959
facilities within their boundaries, monitoring the operation of	3960
such hazardous waste facilities, and local waste management	3961
planning programs. The owner or operator of a facility located	3962
within a municipal corporation, as a trustee for the municipal	3963
corporation, shall collect the fees levied by this division and	3964
forward them to the treasurer of the municipal corporation or such	3965
officer as, by virtue of the charter, has the duties of the	3966
treasurer in accordance with rules adopted under this section. The	3967
owner or operator of a facility located in an unincorporated area,	3968
as a trustee of the county in which the facility is located, shall	3969
collect the fees levied by this division and forward them to the	3970
county treasurer of that county in accordance with rules adopted	3971
under this section. The owner or operator shall pay the fees	3972
levied by this division to the treasurer or such other officer of	3973
the municipal corporation or to the county treasurer each year	3974
upon the anniversary of the date of issuance of the owner's or	3975
operator's installation and operation permit during the term of	3976
that permit and any renewal permit issued under division (H) of	3977
section 3734.05 of the Revised Code or on the anniversary of the	3978
date of a permit by rule or the date on which the facility became	3979
exempt from hazardous waste facility installation and operation	3980
permit requirements under rules adopted by the director. If	3981
payment is late, the owner or operator shall pay an additional ten	3982
per cent of the amount of the fee for each month that the payment	3983
is late.	3984

Moneys received by a municipal corporation under this	3985
division shall be paid into a special fund of the municipal	3986
corporation and used exclusively for the purposes of conducting	3987
reviews of applications for hazardous waste facility installation	3988
and operation permits for new or modified hazardous waste	3989
landfills located or proposed within the municipal corporation,	3990
conducting emergency response actions with respect to releases of	3991
hazardous waste from facilities located within the municipal	3992
corporation, monitoring operation of such hazardous waste	3993
facilities, and conducting waste management planning programs	3994
within the municipal corporation through employees of the	3995
municipal corporation or pursuant to contracts entered into with	3996
persons or political subdivisions. Moneys received by a board of	3997
county commissioners under this division shall be paid into a	3998
special fund of the county and used exclusively for those purposes	3999
within the unincorporated area of the county through employees of	4000
the county or pursuant to contracts entered into with persons or	4001
political subdivisions.	4002

(D)(F) As used in this section, "treatment" or "treated" does	4003
not include any method, technique, or process designed to recover	4004
energy or material resources from the waste or to render the waste	4005
amenable for recovery. The fees levied by division (B)(D) of this	4006
section do not apply to hazardous waste that is treated and	4007
disposed of on the same premises or by the same person.	4008

(E)(G) The director, by rules adopted in accordance with	4009
Chapters 119. and 3745. of the Revised Code, shall prescribe any	4010
dates not specified in this section and procedures for collecting	4011
and forwarding the fees prescribed by this section and may	4012
prescribe other requirements that are necessary to carry out this	4013
section.	4014

The director shall deposit the moneys collected under	4015
divisions (A)(C) and (B)(D) of this section into one or more	4016
minority banks, as "minority bank" is defined in division (F)(1)	4017
of section 135.04 of the Revised Code, to the credit of the	4018
hazardous waste facility management fund, which is hereby created	4019
in the state treasury, except that the director shall deposit to	4020
the credit of the underground injection control fund created in	4021
section 6111.046 of the Revised Code moneys in excess of fifty	4022
thousand dollars that are collected during a fiscal year under	4023
division (A)(C)(2) of this section from the fee levied on the	4024
disposal of hazardous waste by deep well injection at an on-site	4025
disposal facility that disposes of more than one hundred thousand	4026
tons of hazardous waste in a year.	4027

The environmental protection agency may use moneys in the	4028
hazardous waste facility management fund for administration of the	4029
hazardous waste program established under this chapter and, in	4030
accordance with this section, may request approval by the	4031
controlling board for that use on an annual basis. In addition,	4032
the agency may use and pledge moneys in that fund for repayment of	4033
and for interest on any loans made by the Ohio water development	4034
authority to the agency for the hazardous waste program	4035
established under this chapter without the necessity of requesting	4036
approval by the controlling board, which use and pledge shall have	4037
priority over any other use of the moneys in the fund.	4038

Until September 28, 1996, the director also may use moneys in	4039
the fund to pay the start-up costs of administering Chapter 3746.	4040
of the Revised Code.	4041

If moneys in the fund that the agency uses in accordance with	4042
this chapter are reimbursed by grants or other moneys from the	4043
United States government, the grants or other moneys shall be	4044
placed in the fund.	4045

Before the agency makes any expenditure from the fund other	4046
than for repayment of and interest on any loan made by the Ohio	4047
water development authority to the agency in accordance with this	4048
section, the controlling board shall approve the expenditure.	4049

Sec. 3734.57.  (A) For the purposes of paying the state's	4050
long-term operation costs or matching share for actions taken	4051
under the "Comprehensive Environmental Response, Compensation, and	4052
Liability Act of 1980," 94 Stat. 2767, 42 U.S.C.A. 9601, as	4053
amended; paying the costs of measures for proper clean-up of sites	4054
where polychlorinated biphenyls and substances, equipment, and	4055
devices containing or contaminated with polychlorinated biphenyls	4056
have been stored or disposed of; paying the costs of conducting	4057
surveys or investigations of solid waste facilities or other	4058
locations where it is believed that significant quantities of	4059
hazardous waste were disposed of and for conducting enforcement	4060
actions arising from the findings of such surveys or	4061
investigations; paying the costs of acquiring and cleaning up, or	4062
providing financial assistance for cleaning up, any hazardous	4063
waste facility or solid waste facility containing significant	4064
quantities of hazardous waste, that constitutes an imminent and	4065
substantial threat to public health or safety or the environment;	4066
and, from July 1, 2003, through June 30, 2006, for the purposes of	4067
paying the costs of administering and enforcing the laws	4068
pertaining to solid wastes, infectious wastes, and construction	4069
and demolition debris, including, without limitation, ground water	4070
evaluations related to solid wastes, infectious wastes, and	4071
construction and demolition debris, under this chapter and Chapter	4072
3714. of the Revised Code and any rules adopted under them, and	4073
paying a share of the administrative costs of the environmental	4074
protection agency pursuant to section 3745.014 of the Revised	4075
Code, the following fees are hereby levied on the disposal of	4076
solid wastes in this state:	4077

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

4078

(2) An additional one dollar per ton on and after July 1,	4079
2003, through June 30, 2006.	4080

The owner or operator of a solid waste disposal facility	4081
shall collect the fees levied under this division as a trustee for	4082
the state and shall prepare and file with the director of	4083
environmental protection monthly returns indicating the total	4084
tonnage of solid wastes received for disposal at the gate of the	4085
facility and the total amount of the fees collected under this	4086
division. Not later than thirty days after the last day of the	4087
month to which such a return applies, the owner or operator shall	4088
mail to the director the return for that month together with the	4089
fees collected during that month as indicated on the return. The	4090
owner or operator may request an extension of not more than thirty	4091
days for filing the return and remitting the fees, provided that	4092
the owner or operator has submitted such a request in writing to	4093
the director together with a detailed description of why the	4094
extension is requested, the director has received the request not	4095
later than the day on which the return is required to be filed,	4096
and the director has approved the request. If the fees are not	4097
remitted within sixtythirty days after the last day of the month	4098
during which they were collected or are not remitted by the last	4099
day of an extension approved by the director, the owner or	4100
operator shall pay an additional fifty per cent of the amount of	4101
the fees for each month that they are late.	4102

One-half of the moneys remitted to the director under	4103
division (A)(1) of this section shall be credited to the hazardous	4104
waste facility management fund created in section 3734.18 of the	4105
Revised Code, and one-half shall be credited to the hazardous	4106
waste clean-up fund created in section 3734.28 of the Revised	4107
Code. The moneys remitted to the director under division (A)(2) of	4108
this section shall be credited to the solid waste fund, which is	4109
hereby created in the state treasury. The environmental protection	4110
agency shall use moneys in the solid waste fund only to pay the	4111
costs of administering and enforcing the laws pertaining to solid	4112
wastes, infectious wastes, and construction and demolition debris,	4113
including, without limitation, ground water evaluations related to	4114
solid wastes, infectious wastes, and construction and demolition	4115
debris, under this chapter and Chapter 3714. of the Revised Code	4116
and rules adopted under them and to pay a share of the	4117
administrative costs of the environmental protection agency	4118
pursuant to section 3745.014 of the Revised Code.	4119

The fees levied under this division and divisions (B) and (C)	4120
of this section are in addition to all other applicable fees and	4121
taxes and shall be added to any other fee or amount specified in a	4122
contract that is charged by the owner or operator of a solid waste	4123
disposal facility or to any other fee or amount that is specified	4124
in a contract entered into on or after March 4, 1992, and that is	4125
charged by a transporter of solid wastes.	4126

(B) For the purpose of preparing, revising, and implementing	4127
the solid waste management plan of the county or joint solid waste	4128
management district, including, without limitation, the	4129
development and implementation of solid waste recycling or	4130
reduction programs; providing financial assistance to boards of	4131
health within the district, if solid waste facilities are located	4132
within the district, for the enforcement of this chapter and rules	4133
adopted and orders and terms and conditions of permits, licenses,	4134
and variances issued under it, other than the hazardous waste	4135
provisions of this chapter and rules adopted and orders and terms	4136
and conditions of permits issued under those provisions; providing	4137
financial assistance to the county to defray the added costs of	4138
maintaining roads and other public facilities and of providing	4139
emergency and other public services resulting from the location	4140
and operation of a solid waste facility within the county under	4141
the district's approved solid waste management plan; paying the	4142
costs incurred by boards of health for collecting and analyzing	4143
water samples from public or private wells on lands adjacent to	4144
solid waste facilities that are contained in the approved or	4145
amended plan of the district; paying the costs of developing and	4146
implementing a program for the inspection of solid wastes	4147
generated outside the boundaries of this state that are disposed	4148
of at solid waste facilities included in the district's approved	4149
solid waste management plan or amended plan; providing financial	4150
assistance to boards of health within the district for enforcing	4151
laws prohibiting open dumping; providing financial assistance to	4152
local law enforcement agencies within the district for enforcing	4153
laws and ordinances prohibiting littering; providing financial	4154
assistance to boards of health of health districts within the	4155
district that are on the approved list under section 3734.08 of	4156
the Revised Code for the training and certification required for	4157
their employees responsible for solid waste enforcement by rules	4158
adopted under division (L) of section 3734.02 of the Revised Code;	4159
providing financial assistance to individual municipal	4160
corporations and townships within the district to defray their	4161
added costs of maintaining roads and other public facilities and	4162
of providing emergency and other public services resulting from	4163
the location and operation within their boundaries of a	4164
composting, energy or resource recovery, incineration, or	4165
recycling facility that either is owned by the district or is	4166
furnishing solid waste management facility or recycling services	4167
to the district pursuant to a contract or agreement with the board	4168
of county commissioners or directors of the district; and payment	4169
of any expenses that are agreed to, awarded, or ordered to be paid	4170
under section 3734.35 of the Revised Code and of any	4171
administrative costs incurred pursuant to that section, the solid	4172
waste management policy committee of a county or joint solid waste	4173
management district may levy fees upon the following activities:	4174

(1) The disposal at a solid waste disposal facility located	4175
in the district of solid wastes generated within the district;	4176

(2) The disposal at a solid waste disposal facility within	4177
the district of solid wastes generated outside the boundaries of	4178
the district, but inside this state;	4179

(3) The disposal at a solid waste disposal facility within	4180
the district of solid wastes generated outside the boundaries of	4181
this state.	4182

If any such fees are levied prior to January 1, 1994, fees	4183
levied under division (B)(1) of this section always shall be equal	4184
to one-half of the fees levied under division (B)(2) of this	4185
section, and fees levied under division (B)(3) of this section,	4186
which shall be in addition to fees levied under division (B)(2) of	4187
this section, always shall be equal to fees levied under division	4188
(B)(1) of this section, except as otherwise provided in this	4189
division. The solid waste management plan of the county or joint	4190
district approved under section 3734.521 or 3734.55 of the Revised	4191
Code and any amendments to it, or the resolution adopted under	4192
this division, as appropriate, shall establish the rates of the	4193
fees levied under divisions (B)(1), (2), and (3) of this section,	4194
if any, and shall specify whether the fees are levied on the basis	4195
of tons or cubic yards as the unit of measurement. Although the	4196
fees under divisions (A)(1) and (2) of this section are levied on	4197
the basis of tons as the unit of measurement, the solid waste	4198
management plan of the district and any amendments to it or the	4199
solid waste management policy committee in its resolution levying	4200
fees under this division may direct that the fees levied under	4201
those divisions be levied on the basis of cubic yards as the unit	4202
of measurement based upon a conversion factor of three cubic yards	4203
per ton generally or one cubic yard per ton for baled wastes if	4204
the fees under divisions (B)(1) to (3) of this section are being	4205
levied on the basis of cubic yards as the unit of measurement	4206
under the plan, amended plan, or resolution.	4207

On and after January 1, 1994, the fee levied under division	4208
(B)(1) of this section shall be not less than one dollar per ton	4209
nor more than two dollars per ton, the fee levied under division	4210
(B)(2) of this section shall be not less than two dollars per ton	4211
nor more than four dollars per ton, and the fee levied under	4212
division (B)(3) of this section shall be not more than the fee	4213
levied under division (B)(1) of this section, except as otherwise	4214
provided in this division and notwithstanding any schedule of	4215
those fees established in the solid waste management plan of a	4216
county or joint district approved under section 3734.55 of the	4217
Revised Code or a resolution adopted and ratified under this	4218
division that is in effect on that date. If the fee that a	4219
district is levying under division (B)(1) of this section on that	4220
date under its approved plan or such a resolution is less than one	4221
dollar per ton, the fee shall be one dollar per ton on and after	4222
January 1, 1994, and if the fee that a district is so levying	4223
under that division exceeds two dollars per ton, the fee shall be	4224
two dollars per ton on and after that date. If the fee that a	4225
district is so levying under division (B)(2) of this section is	4226
less than two dollars per ton, the fee shall be two dollars per	4227
ton on and after that date, and if the fee that the district is so	4228
levying under that division exceeds four dollars per ton, the fee	4229
shall be four dollars per ton on and after that date. On that	4230
date, the fee levied by a district under division (B)(3) of this	4231
section shall be equal to the fee levied under division (B)(1) of	4232
this section. Except as otherwise provided in this division, the	4233
fees established by the operation of this amendment shall remain	4234
in effect until the district's resolution levying fees under this	4235
division is amended or repealed in accordance with this division	4236
to amend or abolish the schedule of fees, the schedule of fees is	4237
amended or abolished in an amended plan of the district approved	4238
under section 3734.521 or division (A) or (D) of section 3734.56	4239
of the Revised Code, or the schedule of fees is amended or	4240
abolished through an amendment to the district's plan under	4241
division (E) of section 3734.56 of the Revised Code; the	4242
notification of the amendment or abolishment of the fees has been	4243
given in accordance with this division; and collection of the	4244
amended fees so established commences, or collection of the fees	4245
ceases, in accordance with this division.	4246

The solid waste management policy committee of a district	4247
levying fees under divisions (B)(1) to (3) of this section on	4248
October 29, 1993, under its solid waste management plan approved	4249
under section 3734.55 of the Revised Code or a resolution adopted	4250
and ratified under this division that are within the ranges of	4251
rates prescribed by this amendment, by adoption of a resolution	4252
not later than December 1, 1993, and without the necessity for	4253
ratification of the resolution under this division, may amend	4254
those fees within the prescribed ranges, provided that the	4255
estimated revenues from the amended fees will not substantially	4256
exceed the estimated revenues set forth in the district's budget	4257
for calendar year 1994. Not later than seven days after the	4258
adoption of such a resolution, the committee shall notify by	4259
certified mail the owner or operator of each solid waste disposal	4260
facility that is required to collect the fees of the adoption of	4261
the resolution and of the amount of the amended fees. Collection	4262
of the amended fees shall take effect on the first day of the	4263
first month following the month in which the notification is sent	4264
to the owner or operator. The fees established in such a	4265
resolution shall remain in effect until the district's resolution	4266
levying fees that was adopted and ratified under this division is	4267
amended or repealed, and the amendment or repeal of the resolution	4268
is ratified, in accordance with this division, to amend or abolish	4269
the fees, the schedule of fees is amended or abolished in an	4270
amended plan of the district approved under section 3734.521 or	4271
division (A) or (D) of section 3734.56 of the Revised Code, or the	4272
schedule of fees is amended or abolished through an amendment to	4273
the district's plan under division (E) of section 3734.56 of the	4274
Revised Code; the notification of the amendment or abolishment of	4275
the fees has been given in accordance with this division; and	4276
collection of the amended fees so established commences, or	4277
collection of the fees ceases, in accordance with this division.	4278

Prior to the approval of the solid waste management plan of	4279
the district under section 3734.55 of the Revised Code, the solid	4280
waste management policy committee of a district may levy fees	4281
under this division by adopting a resolution establishing the	4282
proposed amount of the fees. Upon adopting the resolution, the	4283
committee shall deliver a copy of the resolution to the board of	4284
county commissioners of each county forming the district and to	4285
the legislative authority of each municipal corporation and	4286
township under the jurisdiction of the district and shall prepare	4287
and publish the resolution and a notice of the time and location	4288
where a public hearing on the fees will be held. Upon adopting the	4289
resolution, the committee shall deliver written notice of the	4290
adoption of the resolution; of the amount of the proposed fees;	4291
and of the date, time, and location of the public hearing to the	4292
director and to the fifty industrial, commercial, or institutional	4293
generators of solid wastes within the district that generate the	4294
largest quantities of solid wastes, as determined by the	4295
committee, and to their local trade associations. The committee	4296
shall make good faith efforts to identify those generators within	4297
the district and their local trade associations, but the	4298
nonprovision of notice under this division to a particular	4299
generator or local trade association does not invalidate the	4300
proceedings under this division. The publication shall occur at	4301
least thirty days before the hearing. After the hearing, the	4302
committee may make such revisions to the proposed fees as it	4303
considers appropriate and thereafter, by resolution, shall adopt	4304
the revised fee schedule. Upon adopting the revised fee schedule,	4305
the committee shall deliver a copy of the resolution doing so to	4306
the board of county commissioners of each county forming the	4307
district and to the legislative authority of each municipal	4308
corporation and township under the jurisdiction of the district.	4309
Within sixty days after the delivery of a copy of the resolution	4310
adopting the proposed revised fees by the policy committee, each	4311
such board and legislative authority, by ordinance or resolution,	4312
shall approve or disapprove the revised fees and deliver a copy of	4313
the ordinance or resolution to the committee. If any such board or	4314
legislative authority fails to adopt and deliver to the policy	4315
committee an ordinance or resolution approving or disapproving the	4316
revised fees within sixty days after the policy committee	4317
delivered its resolution adopting the proposed revised fees, it	4318
shall be conclusively presumed that the board or legislative	4319
authority has approved the proposed revised fees.	4320

In the case of a county district or a joint district formed	4321
by two or three counties, the committee shall declare the proposed	4322
revised fees to be ratified as the fee schedule of the district	4323
upon determining that the board of county commissioners of each	4324
county forming the district has approved the proposed revised fees	4325
and that the legislative authorities of a combination of municipal	4326
corporations and townships with a combined population within the	4327
district comprising at least sixty per cent of the total	4328
population of the district have approved the proposed revised	4329
fees, provided that in the case of a county district, that	4330
combination shall include the municipal corporation having the	4331
largest population within the boundaries of the district, and	4332
provided further that in the case of a joint district formed by	4333
two or three counties, that combination shall include for each	4334
county forming the joint district the municipal corporation having	4335
the largest population within the boundaries of both the county in	4336
which the municipal corporation is located and the joint district.	4337
In the case of a joint district formed by four or more counties,	4338
the committee shall declare the proposed revised fees to be	4339
ratified as the fee schedule of the joint district upon	4340
determining that the boards of county commissioners of a majority	4341
of the counties forming the district have approved the proposed	4342
revised fees; that, in each of a majority of the counties forming	4343
the joint district, the proposed revised fees have been approved	4344
by the municipal corporation having the largest population within	4345
the county and the joint district; and that the legislative	4346
authorities of a combination of municipal corporations and	4347
townships with a combined population within the joint district	4348
comprising at least sixty per cent of the total population of the	4349
joint district have approved the proposed revised fees.	4350

For the purposes of this division, only the population of the	4351
unincorporated area of a township shall be considered. For the	4352
purpose of determining the largest municipal corporation within	4353
each county under this division, a municipal corporation that is	4354
located in more than one solid waste management district, but that	4355
is under the jurisdiction of one county or joint solid waste	4356
management district in accordance with division (A) of section	4357
3734.52 of the Revised Code shall be considered to be within the	4358
boundaries of the county in which a majority of the population of	4359
the municipal corporation resides.	4360

The committee may amend the schedule of fees levied pursuant	4361
to a resolution or amended resolution adopted and ratified under	4362
this division by adopting a resolution establishing the proposed	4363
amount of the amended fees. The committee may abolish the fees	4364
levied pursuant to such a resolution or amended resolution by	4365
adopting a resolution proposing to repeal them. Upon adopting such	4366
a resolution, the committee shall proceed to obtain ratification	4367
of the resolution in accordance with this division.	4368

Not later than fourteen days after declaring the fees or	4369
amended fees to be ratified under this division, the committee	4370
shall notify by certified mail the owner or operator of each solid	4371
waste disposal facility that is required to collect the fees of	4372
the ratification and the amount of the fees. Collection of any	4373
fees or amended fees ratified on or after March 24, 1992, shall	4374
commence on the first day of the second month following the month	4375
in which notification is sent to the owner or operator.	4376

Not later than fourteen days after declaring the repeal of	4377
the district's schedule of fees to be ratified under this	4378
division, the committee shall notify by certified mail the owner	4379
or operator of each facility that is collecting the fees of the	4380
repeal. Collection of the fees shall cease on the first day of the	4381
second month following the month in which notification is sent to	4382
the owner or operator.	4383

Not later than fourteen days after the director issues an	4384
order approving a district's solid waste management plan under	4385
section 3734.55 of the Revised Code or amended plan under division	4386
(A) or (D) of section 3734.56 of the Revised Code that establishes	4387
or amends a schedule of fees levied by the district, or the	4388
ratification of an amendment to the district's approved plan or	4389
amended plan under division (E) of section 3734.56 of the Revised	4390
Code that establishes or amends a schedule of fees, as	4391
appropriate, the committee shall notify by certified mail the	4392
owner or operator of each solid waste disposal facility that is	4393
required to collect the fees of the approval of the plan or	4394
amended plan, or the amendment to the plan, as appropriate, and	4395
the amount of the fees or amended fees. In the case of an initial	4396
or amended plan approved under section 3734.521 of the Revised	4397
Code in connection with a change in district composition, other	4398
than one involving the withdrawal of a county from a joint	4399
district, that establishes or amends a schedule of fees levied	4400
under divisions (B)(1) to (3) of this section by a district	4401
resulting from the change, the committee, within fourteen days	4402
after the change takes effect pursuant to division (G) of that	4403
section, shall notify by certified mail the owner or operator of	4404
each solid waste disposal facility that is required to collect the	4405
fees that the change has taken effect and of the amount of the	4406
fees or amended fees. Collection of any fees set forth in a plan	4407
or amended plan approved by the director on or after April 16,	4408
1993, or an amendment of a plan or amended plan under division (E)	4409
of section 3734.56 of the Revised Code that is ratified on or	4410
after April 16, 1993, shall commence on the first day of the	4411
second month following the month in which notification is sent to	4412
the owner or operator.	4413

Not later than fourteen days after the director issues an	4414
order approving a district's plan under section 3734.55 of the	4415
Revised Code or amended plan under division (A) or (D) of section	4416
3734.56 of the Revised Code that abolishes the schedule of fees	4417
levied under divisions (B)(1) to (3) of this section, or an	4418
amendment to the district's approved plan or amended plan	4419
abolishing the schedule of fees is ratified pursuant to division	4420
(E) of section 3734.56 of the Revised Code, as appropriate, the	4421
committee shall notify by certified mail the owner or operator of	4422
each facility that is collecting the fees of the approval of the	4423
plan or amended plan, or the amendment of the plan or amended	4424
plan, as appropriate, and the abolishment of the fees. In the case	4425
of an initial or amended plan approved under section 3734.521 of	4426
the Revised Code in connection with a change in district	4427
composition, other than one involving the withdrawal of a county	4428
from a joint district, that abolishes the schedule of fees levied	4429
under divisions (B)(1) to (3) of this section by a district	4430
resulting from the change, the committee, within fourteen days	4431
after the change takes effect pursuant to division (G) of that	4432
section, shall notify by certified mail the owner or operator of	4433
each solid waste disposal facility that is required to collect the	4434
fees that the change has taken effect and of the abolishment of	4435
the fees. Collection of the fees shall cease on the first day of	4436
the second month following the month in which notification is sent	4437
to the owner or operator.	4438

Except as otherwise provided in this division, if the	4439
schedule of fees that a district is levying under divisions (B)(1)	4440
to (3) of this section pursuant to a resolution or amended	4441
resolution adopted and ratified under this division, the solid	4442
waste management plan of the district approved under section	4443
3734.55 of the Revised Code, an amended plan approved under	4444
division (A) or (D) of section 3734.56 of the Revised Code, or an	4445
amendment to the district's approved plan or amended plan under	4446
division (E) of section 3734.56 of the Revised Code, is amended by	4447
the adoption and ratification of an amendment to the resolution or	4448
amended resolution or an amendment of the district's approved plan	4449
or amended plan, the fees in effect immediately prior to the	4450
approval of the plan or the amendment of the resolution, amended	4451
resolution, plan, or amended plan, as appropriate, shall continue	4452
to be collected until collection of the amended fees commences	4453
pursuant to this division.	4454

If, in the case of a change in district composition involving	4455
the withdrawal of a county from a joint district, the director	4456
completes the actions required under division (G)(1) or (3) of	4457
section 3734.521 of the Revised Code, as appropriate, forty-five	4458
days or more before the beginning of a calendar year, the policy	4459
committee of each of the districts resulting from the change that	4460
obtained the director's approval of an initial or amended plan in	4461
connection with the change, within fourteen days after the	4462
director's completion of the required actions, shall notify by	4463
certified mail the owner or operator of each solid waste disposal	4464
facility that is required to collect the district's fees that the	4465
change is to take effect on the first day of January immediately	4466
following the issuance of the notice and of the amount of the fees	4467
or amended fees levied under divisions (B)(1) to (3) of this	4468
section pursuant to the district's initial or amended plan as so	4469
approved or, if appropriate, the abolishment of the district's	4470
fees by that initial or amended plan. Collection of any fees set	4471
forth in such a plan or amended plan shall commence on the first	4472
day of January immediately following the issuance of the notice.	4473
If such an initial or amended plan abolishes a schedule of fees,	4474
collection of the fees shall cease on that first day of January.	4475

If, in the case of a change in district composition involving	4476
the withdrawal of a county from a joint district, the director	4477
completes the actions required under division (G)(1) or (3) of	4478
section 3734.521 of the Revised Code, as appropriate, less than	4479
forty-five days before the beginning of a calendar year, the	4480
director, on behalf of each of the districts resulting from the	4481
change that obtained the director's approval of an initial or	4482
amended plan in connection with the change proceedings, shall	4483
notify by certified mail the owner or operator of each solid waste	4484
disposal facility that is required to collect the district's fees	4485
that the change is to take effect on the first day of January	4486
immediately following the mailing of the notice and of the amount	4487
of the fees or amended fees levied under divisions (B)(1) to (3)	4488
of this section pursuant to the district's initial or amended plan	4489
as so approved or, if appropriate, the abolishment of the	4490
district's fees by that initial or amended plan. Collection of any	4491
fees set forth in such a plan or amended plan shall commence on	4492
the first day of the second month following the month in which	4493
notification is sent to the owner or operator. If such an initial	4494
or amended plan abolishes a schedule of fees, collection of the	4495
fees shall cease on the first day of the second month following	4496
the month in which notification is sent to the owner or operator.	4497

In the case of a change in district composition, the schedule	4498
of fees that the former districts that existed prior to the change	4499
were levying under divisions (B)(1) to (3) of this section	4500
pursuant to a resolution or amended resolution adopted and	4501
ratified under this division, the solid waste management plan of a	4502
former district approved under section 3734.521 or 3734.55 of the	4503
Revised Code, an amended plan approved under section 3734.521 or	4504
division (A) or (D) of section 3734.56 of the Revised Code, or an	4505
amendment to a former district's approved plan or amended plan	4506
under division (E) of section 3734.56 of the Revised Code, and	4507
that were in effect on the date that the director completed the	4508
actions required under division (G)(1) or (3) of section 3734.521	4509
of the Revised Code shall continue to be collected until the	4510
collection of the fees or amended fees of the districts resulting	4511
from the change is required to commence, or if an initial or	4512
amended plan of a resulting district abolishes a schedule of fees,	4513
collection of the fees is required to cease, under this division.	4514
Moneys so received from the collection of the fees of the former	4515
districts shall be divided among the resulting districts in	4516
accordance with division (B) of section 343.012 of the Revised	4517
Code and the agreements entered into under division (B) of section	4518
343.01 of the Revised Code to establish the former and resulting	4519
districts and any amendments to those agreements.	4520

For the purposes of the provisions of division (B) of this	4521
section establishing the times when newly established or amended	4522
fees levied by a district are required to commence and the	4523
collection of fees that have been amended or abolished is required	4524
to cease, "fees" or "schedule of fees" includes, in addition to	4525
fees levied under divisions (B)(1) to (3) of this section, those	4526
levied under section 3734.573 or 3734.574 of the Revised Code.	4527

(C) For the purposes of defraying the added costs to a	4528
municipal corporation or township of maintaining roads and other	4529
public facilities and of providing emergency and other public	4530
services, and compensating a municipal corporation or township for	4531
reductions in real property tax revenues due to reductions in real	4532
property valuations resulting from the location and operation of a	4533
solid waste disposal facility within the municipal corporation or	4534
township, a municipal corporation or township in which such a	4535
solid waste disposal facility is located may levy a fee of not	4536
more than twenty-five cents per ton on the disposal of solid	4537
wastes at a solid waste disposal facility located within the	4538
boundaries of the municipal corporation or township regardless of	4539
where the wastes were generated.	4540

The legislative authority of a municipal corporation or	4541
township may levy fees under this division by enacting an	4542
ordinance or adopting a resolution establishing the amount of the	4543
fees. Upon so doing the legislative authority shall mail a	4544
certified copy of the ordinance or resolution to the board of	4545
county commissioners or directors of the county or joint solid	4546
waste management district in which the municipal corporation or	4547
township is located or, if a regional solid waste management	4548
authority has been formed under section 343.011 of the Revised	4549
Code, to the board of trustees of that regional authority, the	4550
owner or operator of each solid waste disposal facility in the	4551
municipal corporation or township that is required to collect the	4552
fee by the ordinance or resolution, and the director of	4553
environmental protection. Although the fees levied under this	4554
division are levied on the basis of tons as the unit of	4555
measurement, the legislative authority, in its ordinance or	4556
resolution levying the fees under this division, may direct that	4557
the fees be levied on the basis of cubic yards as the unit of	4558
measurement based upon a conversion factor of three cubic yards	4559
per ton generally or one cubic yard per ton for baled wastes.	4560

Not later than five days after enacting an ordinance or	4561
adopting a resolution under this division, the legislative	4562
authority shall so notify by certified mail the owner or operator	4563
of each solid waste disposal facility that is required to collect	4564
the fee. Collection of any fee levied on or after March 24, 1992,	4565
shall commence on the first day of the second month following the	4566
month in which notification is sent to the owner or operator.	4567

(D)(1) The fees levied under divisions (A), (B), and (C) of	4568
this section do not apply to the disposal of solid wastes that:	4569

(a) Are disposed of at a facility owned by the generator of	4570
the wastes when the solid waste facility exclusively disposes of	4571
solid wastes generated at one or more premises owned by the	4572
generator regardless of whether the facility is located on a	4573
premises where the wastes are generated;	4574

(b) Are disposed of at facilities that exclusively dispose of	4575
wastes that are generated from the combustion of coal, or from the	4576
combustion of primarily coal in combination with scrap tires, that	4577
is not combined in any way with garbage at one or more premises	4578
owned by the generator.	4579

(2) Except as provided in section 3734.571 of the Revised	4580
Code, any fees levied under division (B)(1) of this section apply	4581
to solid wastes originating outside the boundaries of a county or	4582
joint district that are covered by an agreement for the joint use	4583
of solid waste facilities entered into under section 343.02 of the	4584
Revised Code by the board of county commissioners or board of	4585
directors of the county or joint district where the wastes are	4586
generated and disposed of.	4587

(3) When solid wastes, other than solid wastes that consist	4588
of scrap tires, are burned in a disposal facility that is an	4589
incinerator or energy recovery facility, the fees levied under	4590
divisions (A), (B), and (C) of this section shall be levied upon	4591
the disposal of the fly ash and bottom ash remaining after burning	4592
of the solid wastes and shall be collected by the owner or	4593
operator of the sanitary landfill where the ash is disposed of.	4594

(4) When solid wastes are delivered to a solid waste transfer	4595
facility, the fees levied under divisions (A), (B), and (C) of	4596
this section shall be levied upon the disposal of solid wastes	4597
transported off the premises of the transfer facility for disposal	4598
and shall be collected by the owner or operator of the solid waste	4599
disposal facility where the wastes are disposed of.	4600

(5) The fees levied under divisions (A), (B), and (C) of this	4601
section do not apply to sewage sludge that is generated by a waste	4602
water treatment facility holding a national pollutant discharge	4603
elimination system permit and that is disposed of through	4604
incineration, land application, or composting or at another	4605
resource recovery or disposal facility that is not a landfill.	4606

(6) The fees levied under divisions (A), (B), and (C) of this	4607
section do not apply to solid wastes delivered to a solid waste	4608
composting facility for processing. When any unprocessed solid	4609
waste or compost product is transported off the premises of a	4610
composting facility and disposed of at a landfill, the fees levied	4611
under divisions (A), (B), and (C) of this section shall be	4612
collected by the owner or operator of the landfill where the	4613
unprocessed waste or compost product is disposed of.	4614

(7) When solid wastes that consist of scrap tires are	4615
processed at a scrap tire recovery facility, the fees levied under	4616
divisions (A), (B), and (C) of this section shall be levied upon	4617
the disposal of the fly ash and bottom ash or other solid wastes	4618
remaining after the processing of the scrap tires and shall be	4619
collected by the owner or operator of the solid waste disposal	4620
facility where the ash or other solid wastes are disposed of.	4621

(E) The fees levied under divisions (B) and (C) of this	4622
section shall be collected by the owner or operator of the solid	4623
waste disposal facility where the wastes are disposed of as a	4624
trustee for the county or joint district and municipal corporation	4625
or township where the wastes are disposed of. Moneys from the fees	4626
levied under division (B) of this section shall be forwarded to	4627
the board of county commissioners or board of directors of the	4628
district in accordance with rules adopted under division (H) of	4629
this section. Moneys from the fees levied under division (C) of	4630
this section shall be forwarded to the treasurer or such other	4631
officer of the municipal corporation as, by virtue of the charter,	4632
has the duties of the treasurer or to the clerk of the township,	4633
as appropriate, in accordance with those rules.	4634

(F) Moneys received by the treasurer or such other officer of	4635
the municipal corporation under division (E) of this section shall	4636
be paid into the general fund of the municipal corporation. Moneys	4637
received by the clerk of the township under that division shall be	4638
paid into the general fund of the township. The treasurer or such	4639
other officer of the municipal corporation or the clerk, as	4640
appropriate, shall maintain separate records of the moneys	4641
received from the fees levied under division (C) of this section.	4642

(G) Moneys received by the board of county commissioners or	4643
board of directors under division (E) of this section or section	4644
3734.571, 3734.572, 3734.573, or 3734.574 of the Revised Code	4645
shall be paid to the county treasurer, or other official acting in	4646
a similar capacity under a county charter, in a county district or	4647
to the county treasurer or other official designated by the board	4648
of directors in a joint district and kept in a separate and	4649
distinct fund to the credit of the district. If a regional solid	4650
waste management authority has been formed under section 343.011	4651
of the Revised Code, moneys received by the board of trustees of	4652
that regional authority under division (E) of this section shall	4653
be kept by the board in a separate and distinct fund to the credit	4654
of the district. Moneys in the special fund of the county or joint	4655
district arising from the fees levied under division (B) of this	4656
section and the fee levied under division (A) of section 3734.573	4657
of the Revised Code shall be expended by the board of county	4658
commissioners or directors of the district in accordance with the	4659
district's solid waste management plan or amended plan approved	4660
under section 3734.521, 3734.55, or 3734.56 of the Revised Code	4661
exclusively for the following purposes:	4662

(1) Preparation of the solid waste management plan of the	4663
district under section 3734.54 of the Revised Code, monitoring	4664
implementation of the plan, and conducting the periodic review and	4665
amendment of the plan required by section 3734.56 of the Revised	4666
Code by the solid waste management policy committee;	4667

(2) Implementation of the approved solid waste management	4668
plan or amended plan of the district, including, without	4669
limitation, the development and implementation of solid waste	4670
recycling or reduction programs;	4671

(3) Providing financial assistance to boards of health within	4672
the district, if solid waste facilities are located within the	4673
district, for enforcement of this chapter and rules, orders, and	4674
terms and conditions of permits, licenses, and variances adopted	4675
or issued under it, other than the hazardous waste provisions of	4676
this chapter and rules adopted and orders and terms and conditions	4677
of permits issued under those provisions;	4678

(4) Providing financial assistance to each county within the	4679
district to defray the added costs of maintaining roads and other	4680
public facilities and of providing emergency and other public	4681
services resulting from the location and operation of a solid	4682
waste facility within the county under the district's approved	4683
solid waste management plan or amended plan;	4684

(5) Pursuant to contracts entered into with boards of health	4685
within the district, if solid waste facilities contained in the	4686
district's approved plan or amended plan are located within the	4687
district, for paying the costs incurred by those boards of health	4688
for collecting and analyzing samples from public or private water	4689
wells on lands adjacent to those facilities;	4690

(6) Developing and implementing a program for the inspection	4691
of solid wastes generated outside the boundaries of this state	4692
that are disposed of at solid waste facilities included in the	4693
district's approved solid waste management plan or amended plan;	4694

(7) Providing financial assistance to boards of health within	4695
the district for the enforcement of section 3734.03 of the Revised	4696
Code or to local law enforcement agencies having jurisdiction	4697
within the district for enforcing anti-littering laws and	4698
ordinances;	4699

(8) Providing financial assistance to boards of health of	4700
health districts within the district that are on the approved list	4701
under section 3734.08 of the Revised Code to defray the costs to	4702
the health districts for the participation of their employees	4703
responsible for enforcement of the solid waste provisions of this	4704
chapter and rules adopted and orders and terms and conditions of	4705
permits, licenses, and variances issued under those provisions in	4706
the training and certification program as required by rules	4707
adopted under division (L) of section 3734.02 of the Revised Code;	4708

(9) Providing financial assistance to individual municipal	4709
corporations and townships within the district to defray their	4710
added costs of maintaining roads and other public facilities and	4711
of providing emergency and other public services resulting from	4712
the location and operation within their boundaries of a	4713
composting, energy or resource recovery, incineration, or	4714
recycling facility that either is owned by the district or is	4715
furnishing solid waste management facility or recycling services	4716
to the district pursuant to a contract or agreement with the board	4717
of county commissioners or directors of the district;	4718

(10) Payment of any expenses that are agreed to, awarded, or	4719
ordered to be paid under section 3734.35 of the Revised Code and	4720
of any administrative costs incurred pursuant to that section. In	4721
the case of a joint solid waste management district, if the board	4722
of county commissioners of one of the counties in the district is	4723
negotiating on behalf of affected communities, as defined in that	4724
section, in that county, the board shall obtain the approval of	4725
the board of directors of the district in order to expend moneys	4726
for administrative costs incurred.	4727

Prior to the approval of the district's solid waste	4728
management plan under section 3734.55 of the Revised Code, moneys	4729
in the special fund of the district arising from the fees shall be	4730
expended for those purposes in the manner prescribed by the solid	4731
waste management policy committee by resolution.	4732

Notwithstanding division (G)(6) of this section as it existed	4733
prior to October 29, 1993, or any provision in a district's solid	4734
waste management plan prepared in accordance with division	4735
(B)(2)(e) of section 3734.53 of the Revised Code as it existed	4736
prior to that date, any moneys arising from the fees levied under	4737
division (B)(3) of this section prior to January 1, 1994, may be	4738
expended for any of the purposes authorized in divisions (G)(1) to	4739
(10) of this section.	4740

(H) The director shall adopt rules in accordance with Chapter	4741
119. of the Revised Code prescribing procedures for collecting and	4742
forwarding the fees levied under divisions (B) and (C) of this	4743
section to the boards of county commissioners or directors of	4744
county or joint solid waste management districts and to the	4745
treasurers or other officers of municipal corporations or to the	4746
clerks of townships. The rules also shall prescribe the dates for	4747
forwarding the fees to the boards and officials and may prescribe	4748
any other requirements the director considers necessary or	4749
appropriate to implement and administer divisions (A), (B), and	4750
(C) of this section. Collection of the fees levied under division	4751
(A)(1) of this section shall commence on July 1, 1993. Collection	4752
of the fees levied under division (A)(2) of this section shall	4753
commence on January 1, 1994.	4754

Sec. 3769.021.  The state racing commission shall appoint a	4755
secretary, who shall serve during the pleasure of the commission.	4756
The secretary shall devote his full time to the duties of the	4757
office and shall not hold any other office or employment. To be	4758
eligible for appointment as secretary, a person mustshall meet	4759
the qualifications required of a commissioner under section	4760
3769.02 of the Revised Code, and theexcept that the secretary	4761
shall be a qualified elector and resident of the state and does	4762
not need to additionally satisfy the qualification of a	4763
commissioner to be a resident of this state for not less than five	4764
years immediately preceding appointment. The secretary is subject	4765
to the restrictions applying to a commissioner under that section.	4766

The secretary shall be paid a salary fixed pursuant to	4767
section 124.14 of the Revised Code and shall be allowed actual and	4768
necessary traveling expenses when on commission business. The	4769
salary and expenses shall be paid out of the state racing	4770
commission operating fund created by section 3769.03 of the	4771
Revised Code.	4772

The secretary shall attend all meetings of the commission. He	4773
The secretary shall keep a complete record of its proceedings and	4774
preserve, at its general office, all books, maps, documents, and	4775
papers entrusted to its care.	4776

HeThe secretary shall be the executive officer of the	4777
commission and be responsible for keeping all commission records	4778
and the carrying out of the rules and orders of the commission. He	4779
The secretary shall perform suchany other duties as the	4780
commission prescribes.	4781

Sec. 3769.087.  (A) In addition to the commission of eighteen	4782
per cent retained by each permit holder as provided in section	4783
3769.08 of the Revised Code, each permit holder shall retain an	4784
additional amount equal to four per cent of the total of all	4785
moneys wagered on each racing day on all wagering pools other than	4786
win, place, and show, of which amount retained an amount equal to	4787
three per cent of the total of all moneys wagered on each racing	4788
day on those pools shall be paid by check, draft, or money order	4789
to the tax commissioner, as a tax. Subject to the restrictions	4790
contained in divisions (B), (C), and (M) of section 3769.08 of the	4791
Revised Code, from such additional moneys paid to the tax	4792
commissioner:	4793

(1) Four-sixths shall be allocated to fund distribution as	4794
provided in division (M) of section 3769.08 of the Revised Code.	4795

(2) One-twelfth shall be paid into the Ohio fairs fund	4796
created by section 3769.082 of the Revised Code.	4797

(3) One-twelfth of the additional moneys paid to the tax	4798
commissioner by thoroughbred racing permit holders shall be paid	4799
into the Ohio thoroughbred race fund created by section 3769.083	4800
of the Revised Code.	4801

(4) One-twelfth of the additional moneys paid to the tax	4802
commissioner by harness horse racing permit holders shall be paid	4803
to the Ohio standardbred development fund created by section	4804
3769.085 of the Revised Code.	4805

(5) One-twelfth of the additional moneys paid to the tax	4806
commissioner by quarter horse racing permit holders shall be paid	4807
to the Ohio quarter horse development fund created by section	4808
3769.086 of the Revised Code.	4809

(6) One-sixth shall be paid into the state racing commission	4810
operating fund created by section 3769.03 of the Revised Code.	4811

The remaining one per cent that is retained of the total of	4812
all moneys wagered on each racing day on all pools other than win,	4813
place, and show, shall be retained by racing permit holders, and,	4814
except as otherwise provided in section 3769.089 of the Revised	4815
Code, racing permit holders shall use one-half for purse money and	4816
retain one-half.	4817

(B) In addition to the commission of eighteen per cent	4818
retained by each permit holder as provided in section 3769.08 of	4819
the Revised Code and the additional amount retained by each permit	4820
holder as provided in division (A) of this section, each permit	4821
holder shall retain an additional amount equal to one-half of one	4822
per cent of the total of all moneys wagered on each racing day on	4823
all wagering pools other than win, place, and show. Except as	4824
provided in division (C) of this section, from the additional	4825
amount retained under this division, each permit holder shall	4826
retain an amount equal to one-quarter of one per cent of the total	4827
of all moneys wagered on each racing day on all pools other than	4828
win, place, and show and shall pay that amount by check, draft, or	4829
money order to the tax commissioner, as a tax. The tax	4830
commissioner shall pay the amount of the tax received under this	4831
division to the state racing commission operating fund created by	4832
section 3769.03 of the Revised Code.	4833

Except as provided in division (C) of this section, the	4834
remaining one-quarter of one per cent that is retained from the	4835
total of all moneys wagered on each racing day on all pools other	4836
than win, place, and show shall be retained by the permit holder,	4837
and the permit holder shall use one-half for purse money and	4838
retain one-half.	4839

(C) During the period commencing on July 1, 2003, and ending	4840
on and including June 30, 20042005, the additional amount	4841
retained by each permit holder under division (B) of this section	4842
shall be paid by check, draft, or money order to the tax	4843
commissioner, as a tax. The tax commissioner shall pay the amount	4844
of the tax received under this division to the state racing	4845
commission operating fund created by section 3769.03 of the	4846
Revised Code.	4847

Sec. 3770.07.  (A) Lottery(1) Except as provided in division	4848
(A)(2) of this section, lottery prize awards shall be claimed by	4849
the holder of the winning lottery ticket, or by the executor or	4850
administrator, or the trustee of a trust, of the estate of a	4851
deceased holder of a winning lottery ticket, in a manner to be	4852
determined by the state lottery commission, within one hundred	4853
eighty days after the date on which suchthe prize award was	4854
announced if the lottery game is an on-line game, and within one	4855
hundred eighty days after the close of the game if the lottery	4856
game is an instant game. If	4857

(2) An eligible person serving on active military duty in any	4858
branch of the United States armed forces during a war or national	4859
emergency declared in accordance with federal law may submit a	4860
delayed claim for a lottery prize award. The eligible person shall	4861
do so by notifying the commission about the claim not later than	4862
the five hundred fortieth day after the date on which the prize	4863
award was announced if the lottery game is an on-line game or the	4864
date on which the lottery game closed if the lottery game is an	4865
instant game.	4866

(3) If no valid claim to thea lottery prize award is made	4867
within the prescribed period, the prize money or, the cost of	4868
goods and services awarded as prizes, or, if such goods or	4869
services awarded as prizes are resold by the commission, the	4870
proceeds from suchtheir sale, shall be returned to the state	4871
lottery fund and distributed in accordance with section 3770.06 of	4872
the Revised Code.	4873

(4) As used in this division:

4874

(a) "Eligible person" means a person who is entitled to a	4875
lottery prize award and who falls into either of the following	4876
categories:	4877

(i) While on active military duty in this state, the person,	4878
as the result of a war or national emergency declared in	4879
accordance with federal law, is transferred out of this state	4880
before the one hundred eightieth day after the date on which the	4881
winner of the lottery prize award is selected.	4882

(ii) While serving in the reserve forces in this state, the	4883
person, as the result of a war or national emergency declared in	4884
accordance with federal law, is placed on active military duty and	4885
is transferred out of this state before the expiration of the one	4886
hundred eightieth day after the date on which the prize drawing	4887
occurs for an on-line game or before the expiration of the one	4888
hundred eightieth day following the close of an instant game as	4889
determined by the commission.	4890

(b) "Active military duty" means that a person is covered by	4891
the "Servicemembers Civil Relief Act," 117 Stat. 2835 (2003), 50	4892
U.S.C. 501 et. seq, as amended, or the "Uniformed Services	4893
Employment and Reemployment Rights Act of 1994," 108 Stat. 3149,	4894
38 U.S.C. 4301 et. seq., as amended.	4895

(B) If a prize winner, as defined in section 3770.10 of the	4896
Revised Code, is under eighteen years of age, or is under some	4897
other legal disability, and the prize money or the cost of goods	4898
or services awarded as a prize exceeds one thousand dollars, the	4899
director of the state lottery commission shall order that payment	4900
be made to the order of the legal guardian of that prize winner.	4901
If the amount of the prize money or the cost of goods or services	4902
awarded as a prize is one thousand dollars or less, the director	4903
may order that payment be made to the order of the adult member,	4904
if any, of that prize winner's family legally responsible for the	4905
care of that prize winner.	4906

(C) No right of any prize winner, as defined in section	4907
3770.10 of the Revised Code, to a prize award shall be the subject	4908
of a security interest or used as collateral.	4909

(D)(1) No right of any prize winner, as defined in section	4910
3770.10 of the Revised Code, to a prize award shall be assignable,	4911
or subject to garnishment, attachment, execution, withholding, or	4912
deduction, except as follows: as provided in sections 3119.80,	4913
3119.81, 3121.02, 3121.03, and 3123.06 of the Revised Code; when	4914
the payment is to be made to the executor or administrator, or the	4915
trustee of a trust, of the estate of a winning ticket holder; when	4916
the award of a prize is disputed, any person may be awarded a	4917
prize award to which another has claimed title, pursuant to the	4918
order of a court of competent jurisdiction; when the director is	4919
to make a payment pursuant to sectionssection 3770.071 or	4920
3770.073 of the Revised Code; or as provided in sections 3770.10	4921
to 3770.14 of the Revised Code.	4922

(2) The commission shall adopt rules pursuant to section	4923
3770.03 of the Revised Code concerning the payment of prize awards	4924
upon the death of a prize winner. Upon the death of a prize	4925
winner, as defined in section 3770.10 of the Revised Code. Upon	4926
the death of a prize winner, the remainder of the prize winner's	4927
prize award, to the extent it is not subject to a transfer	4928
agreement under sections 3770.10 to 3770.14 of the Revised Code,	4929
may be paid to the executor, administrator, or trustee in the form	4930
of a discounted lump sum cash settlement.	4931

(E) No lottery prize award shall be awarded to or for any	4932
officer or employee of the state lottery commission, any officer	4933
or employee of the auditor of state actively coordinating and	4934
certifying commission drawings, or any blood relative or spouse of	4935
such an officer or employee of the commission or auditor of state	4936
living as a member of suchthe officer's or employee's household,	4937
nor shall any such officer, employee, blood relative, or spouse	4938
attempt to claim a lottery prize award.	4939

(F) The director may prohibit vendors to the commission and	4940
their employees from being awarded a lottery prize award.	4941

(G) Upon the payment of prize awards pursuant to this	4942
section, the director and the commission are discharged from all	4943
further liability thereforfor their payment.	4944

Sec. 3781.19.  There is hereby established in the department	4945
of commerce a board of building appeals consisting of five members	4946
who shall be appointed by the governor with the advice and consent	4947
of the senate. Terms of office shall be for four years, commencing	4948
on the fourteenth day of October and ending on the thirteenth day	4949
of October. Each member shall hold office from the date of his	4950
appointment until the end of the term for which hethe member was	4951
appointed. Any member appointed to fill a vacancy occurring prior	4952
to the expiration of the term for which histhe member's	4953
predecessor was appointed shall hold office for the remainder of	4954
such term. Any member shall continue in office subsequent to the	4955
expiration date of histhe member's term until hisa successor	4956
takes office, or until a period of sixty days has elapsed,	4957
whichever occurs first. One member shall be an attorney-at-law,	4958
admitted to the bar of this state and of the remaining members,	4959
one shall be a registered architect and one shall be a	4960
professional engineer, each of whom shall be duly licensed to	4961
practice their respective professions in this state, one shall be	4962
a fire prevention officer qualified under section 3737.66 of the	4963
Revised Code, and one shall be a person with recognized ability in	4964
the plumbing or pipefitting profession. No member of the board of	4965
building standards shall be a member of the board of building	4966
appeals. Each member shall be paid an amount fixed pursuant to	4967
Chapter 124. of the Revised Code per diem. The department shall	4968
provide and assign to the board such employees as are required by	4969
the board to perform its functions. The board may adopt its own	4970
rules of procedure not inconsistent with sections 3781.06 to	4971
3781.18 and 3791.04 of the Revised Code, and may change them in	4972
its discretion. The board may establish reasonable fees, based on	4973
actual costs for administration of filing and processing, not to	4974
exceed onetwo hundred dollars, for the costs of filing and	4975
processing appeals. A full and complete record of all proceedings	4976
of the board shall be kept and be open to public inspection.	4977

In the enforcement by any department of the state or any	4978
political subdivision of this chapter and Chapter 3791., and	4979
sections 3737.41, 3737.42, 4104.02, 4104.06, 4104.44, 4104.45,	4980
4105.011, and 4105.11 of the Revised Code and any rule made	4981
thereunder, such department is the agency referred to in sections	4982
119.07, 119.08, and 119.10 of the Revised Code.	4983

The appropriate municipal or county board of appeals, where	4984
one exists, certified pursuant to section 3781.20 of the Revised	4985
Code shall conduct the adjudication hearing referred to in	4986
sections 119.09 to 119.13 and required by section 3781.031 of the	4987
Revised Code. If there is no certified municipal or county board	4988
of appeals, the board of building appeals shall conduct the	4989
adjudication hearing. If the adjudication hearing concerns section	4990
3781.111 of the Revised Code or any rule made thereunder,	4991
reasonable notice of the time, date, place, and subject of the	4992
hearing shall be given to any local corporation, association, or	4993
other organization composed of or representing handicapped	4994
persons, as defined in section 3781.111 of the Revised Code, or if	4995
there is no local organization, then to any statewide corporation,	4996
association, or other organization composed of or representing	4997
handicapped persons.	4998

In addition to the provisions of Chapter 119. of the Revised	4999
Code, the municipal, county, or state board of building appeals,	5000
as the agency conducting the adjudication hearing, may reverse or	5001
modify the order of the enforcing agency if it finds that the	5002
order is contrary to this chapter and Chapters 3791. and 4104.,	5003
and sections 3737.41, 3737.42, 4105.011 and 4105.11 of the Revised	5004
Code and any rule made thereunder or to a fair interpretation or	5005
application of such laws or any rule made thereunder, or that a	5006
variance from the provisions of such laws or any rule made	5007
thereunder, in the specific case, will not be contrary to the	5008
public interest where a literal enforcement of such provisions	5009
will result in unnecessary hardship.	5010

The state board of building appeals or a certified municipal	5011
or county board of appeals shall render its decision within thirty	5012
days after the date of the adjudication hearing. Following the	5013
adjudication hearing, any municipal or county officer, official	5014
municipal or county board, or person who was a party to the	5015
hearing before the municipal or county board of appeals may apply	5016
to the state board of appeals for a de novo hearing before the	5017
state board, or may appeal directly to the court of common pleas	5018
pursuant to section 3781.031 of the Revised Code.	5019

In addition, any local corporation, association, or other	5020
organization composed of or representing handicapped persons as	5021
defined in section 3781.111 of the Revised Code, or, if no local	5022
corporation, association, or organization exists, then any	5023
statewide corporation, association, or other organization composed	5024
of or representing handicapped persons may apply for the de novo	5025
hearing or appeal to the court of common pleas from any decision	5026
of a certified municipal or county board of appeals interpreting,	5027
applying, or granting a variance from section 3781.111 of the	5028
Revised Code and any rule made thereunder. Application for a de	5029
novo hearing before the state board shall be made no later than	5030
thirty days after the municipal or county board renders its	5031
decision.	5032

The state board of building appeals or the appropriate	5033
certified local board of building appeals shall grant variances	5034
and exemptions from the requirements of section 3781.108 of the	5035
Revised Code in accordance with rules adopted by the board of	5036
building standards pursuant to division (J) of section 3781.10 of	5037
the Revised Code.	5038

The state board of building appeals or the appropriate	5039
certified local board of building appeals shall, in granting a	5040
variance or exemption from section 3781.108 of the Revised Code,	5041
in addition to any other considerations the state or the	5042
appropriate local board determines appropriate, consider the	5043
architectural and historical significance of the building.	5044

Sec. 4701.03.  (A) The accountancy board annually shall elect	5045
a president, secretary, and treasurer from its members. The board	5046
may adopt and amend rules for the orderly conduct of its affairs	5047
and for the administration of this chapter. The board may adopt	5048
and amend rules defining the practice of public accounting, rules	5049
of professional conduct appropriate to establish and maintain a	5050
high standard of integrity and dignity in registrants and	5051
certificate holders under this chapter, and rules regulating the	5052
sole proprietorship, partnership, limited liability company,	5053
professional association, corporation-for-profit, or other legal	5054
entity practice of public accounting. A majority of the board	5055
shall constitute a quorum for the transaction of business.	5056

(B) The board shall keep and hold open for public inspection	5057
all records of its proceedings.	5058

(C) The board may employ any clerks that are necessary to	5059
assist it in the performance of its duties and the keeping of its	5060
records. If the board employs an executive director, the executive	5061
director shall be paid in accordance with pay range 18 of salary	5062
schedule E-1 listed inof section 124.152 of the Revised Code, or,	5063
if the director was employed and being paid on June 28, 2003, in	5064
accordance with step 7 in pay range 18 of schedule E-1 of former	5065
section 124.152 of the Revised Code and continued to be so paid on	5066
June 29, 2003, the executive director shall be paid in accordance	5067
with pay range 18 of salary schedule E-1 for step seven only of	5068
section 124.152 of the Revised Code.	5069

Sec. 4707.05.  Except as otherwise provided in section	5070
4707.25 of the Revised Code, all fees and charges collected by the	5071
department of agriculture pursuant to this chapter shall be paid	5072
into the state treasury to the credit of the auctioneers fund,	5073
which is hereby created. All expenses incurred by the department	5074
in administering this chapter shall be paid out of the fund. The	5075
total expenses incurred by the department in the administration of	5076
this chapter shall not exceed the total fees, charges, fines, and	5077
penalties imposed under sections 4707.08, 4707.10, and 4707.99 of	5078
the Revised Code and paid to the treasurer of state. The	5079
department may conduct education programs for the enlightenment	5080
and benefit of all auctioneers who have paid fees pursuant to	5081
sections 4707.08 and 4707.10 of the Revised Code.	5082

Out of the moneys credited pursuant to this section, the fund	5083
shall be assessed a proportionate share of the administrative	5084
costs of the department in accordance with procedures prescribed	5085
by the director of agriculture and approved by the director of	5086
budget and management. The assessment shall be paid from the	5087
auctioneers fund to the division of administration fund.	5088

At the end of each fiscal year, if the balance of the fund is	5089
greater than three hundred thousand dollars, the director of	5090
agriculture shall request the director of budget and management	5091
to, and the director of budget and management shall, transfer	5092
twenty-five per cent of the balance that is in excess of three	5093
hundred thousand dollars to the auction recovery fund created in	5094
section 4707.25 of the Revised Code.	5095

Sec. 4723.431.  (A) Except as provided in division (C)(D)(1)	5096
of this section, a clinical nurse specialist, certified	5097
nurse-midwife, or certified nurse practitioner may practice only	5098
in accordance with a standard care arrangement entered into with	5099
each physician or podiatrist with whom the nurse collaborates. A	5100
copy of the standard care arrangement shall be retained on file at	5101
each site where the nurse practices. Prior approval of the	5102
standard care arrangement by the board of nursing is not required,	5103
but the board may periodically review it for compliance with this	5104
section.	5105

A clinical nurse specialist, certified nurse-midwife, or	5106
certified nurse practitioner may enter into a standard care	5107
arrangement with one or more collaborating physicians or	5108
podiatrists. Each physician or podiatrist must be actively engaged	5109
in direct clinical practice in this state and practicing in a	5110
specialty that is the same as or similar to the nurse's nursing	5111
specialty. If a collaborating physician or podiatrist enters into	5112
standard care arrangements with more than three nurses who hold	5113
certificates to prescribe issued under section 4723.48 of the	5114
Revised Code, the physician or podiatrist shall not collaborate at	5115
the same time with more than three of the nurses in the	5116
prescribing component of their practices.	5117

(B) A standard care arrangement shall be in writing and,	5118
except as provided in division (C)(D)(2) of this section, shall	5119
contain all of the following:	5120

(1) Criteria for referral of a patient by the clinical nurse	5121
specialist, certified nurse-midwife, or certified nurse	5122
practitioner to a collaborating physician or podiatrist;	5123

(2) A process for the clinical nurse specialist, certified	5124
nurse-midwife, or certified nurse practitioner to obtain a	5125
consultation with a collaborating physician or podiatrist;	5126

(3) A plan for coverage in instances of emergency or planned	5127
absences of either the clinical nurse specialist, certified	5128
nurse-midwife, or certified nurse practitioner or a collaborating	5129
physician or podiatrist that provides the means whereby a	5130
physician or podiatrist is available for emergency care;	5131

(4) The process for resolution of disagreements regarding	5132
matters of patient management between the clinical nurse	5133
specialist, certified nurse-midwife, or certified nurse	5134
practitioner and a collaborating physician or podiatrist;	5135

(5) A procedure for a regular review of the referrals by the	5136
clinical nurse specialist, certified nurse-midwife, or certified	5137
nurse practitioner to other health care professionals and the care	5138
outcomes for a random sample of all patients seen by the nurse;	5139

(6) If the clinical nurse specialist or certified nurse	5140
practitioner regularly provides services to infants, a policy for	5141
care of infants up to age one and recommendations for	5142
collaborating physician visits for children from birth to age	5143
three;	5144

(7) Any other criteria required by rule of the board adopted	5145
pursuant to section 4723.07 or 4723.50 of the Revised Code.	5146

(C) A standard care arrangement entered into pursuant to this	5147
section may permit a clinical nurse specialist, certified	5148
nurse-midwife, or certified nurse practitioner to supervise	5149
services provided by a home health agency as defined in section	5150
3701.881 of the Revised Code.	5151

(D)(1) A clinical nurse specialist who does not hold a	5152
certificate to prescribe and whose nursing specialty is mental	5153
health or psychiatric mental health, as determined by the board,	5154
is not required to enter into a standard care arrangement, but	5155
shall practice in collaboration with one or more physicians.	5156

(2) If a clinical nurse specialist practicing in either of	5157
the specialties specified in division (C)(D)(1) of this section	5158
holds a certificate to prescribe, the nurse shall enter into a	5159
standard care arrangement with one or more physicians. The	5160
standard care arrangement must meet the requirements of division	5161
(B) of this section, but only to the extent necessary to address	5162
the prescribing component of the nurse's practice.	5163

(E) Nothing in this section prohibits a hospital from hiring	5164
a clinical nurse specialist, certified nurse-midwife, or certified	5165
nurse practitioner as an employee and negotiating standard care	5166
arrangements on behalf of the employee as necessary to meet the	5167
requirements of this section. A standard care arrangement between	5168
the hospital's employee and the employee's collaborating physician	5169
is subject to approval by the medical staff and governing body of	5170
the hospital prior to implementation of the arrangement at the	5171
hospital.	5172

Sec. 4758.20. (A) The chemical dependency professionals board	5173
shall adopt rules to establish, specify, or provide for all of the	5174
following:	5175

(1) Fees for the purposes authorized by section 4758.21 of	5176
the Revised Code;	5177

(2) For the purpose of section 4758.23 of the Revised Code,	5178
codes of ethical practice and professional conduct for individuals	5179
who hold a license or certificate issued under this chapter;	5180

(3) For the purpose of section 4758.24 of the Revised Code,	5181
all of the following:	5182

(a) Good moral character requirements for an individual who	5183
seeks or holds a license or certificate issued under this chapter;	5184

(b) The documents that an individual seeking such a license	5185
or certificate must submit to the board;	5186

(c) Requirements to obtain the license or certificate that	5187
are in addition to the requirements established under sections	5188
4758.40, 4758.41, 4758.42, 4758.43, 4758.44, and 4758.45 of the	5189
Revised Code. The additional requirements may include	5190
preceptorships.	5191

(4) Procedures for renewal of a chemical dependency counselor	5192
I license under section 4758.27 of the Revised Code;	5193

(5) For the purpose of section 4758.28 of the Revised Code,	5194
requirements for approval of continuing education courses of study	5195
for individuals who hold a license or certificate issued under	5196
this chapter;	5197

(6) For the purpose of section 4758.30 of the Revised Code,	5198
the intervention for and treatment of an individual holding a	5199
license or certificate issued under this chapter whose abilities	5200
to practice are impaired due to abuse of or dependency on alcohol	5201
or other drugs or other physical or mental condition;	5202

(7) Requirements governing reinstatement of a suspended or	5203
revoked license or certificate under division (B) of section	5204
4758.30 of the Revised Code, including requirements for	5205
determining the amount of time an individual must wait to apply	5206
for reinstatement;	5207

(8) For the purpose of section 4758.31 of the Revised Code,	5208
methods of ensuring that all records the board holds pertaining to	5209
an investigation remain confidential during the investigation;	5210

(9) Criteria for employees of the board to follow when	5211
performing their duties under division (B) of section 4758.35 of	5212
the Revised Code;	5213

(10) For the purpose of division (A)(1) of section 4758.40 of	5214
the Revised Code, course requirements for a master's degree in	5215
behavioral sciences that shall, at a minimum, include at least	5216
sixty quarter hours, or the equivalent number of semester hours,	5217
in all of the following courses:	5218

(a) Theories of counseling and psychotherapy;

5219

(b) Counseling procedures;

5220

(c) Group process and techniques;

5221

(d) Relationship therapy;

5222

(e) Research methods and statistics;

5223

(f) Fundamentals of assessment and diagnosis, including	5224
measurement and appraisal;	5225

(g) Psychopathology;

5226

(h) Human development;

5227

(i) Cultural competence in counseling;

5228

(j) Ethics.

5229

(11) For the purpose of division (A)(3) of section 4758.40,	5230
division (A)(3) of section 4758.41, and division (A)(3) of section	5231
4758.42, training requirements for chemical dependency that shall,	5232
at a minimum, include qualifications for the individuals who	5233
provide the training and instruction in all of the following	5234
courses:	5235

(a) Theories of addiction;

5236

(b) Counseling procedures and strategies with addicted	5237
populations;	5238

(c) Group process and techniques working with addicted	5239
populations;	5240

(d) Assessment and diagnosis of addiction;

5241

(e) Relationship counseling with addicted populations;

5242

(f) Pharmacology;

5243

(g) Prevention strategies;

5244

(h) Treatment planning;

5245

(i) Legal and ethical issues.

5246

(12) For the purpose of division (B)(2)(b) of section 4758.40	5247
and division (B)(2) of section 4758.41 of the Revised Code,	5248
requirements for the forty clock hours of training on the version	5249
of the diagnostic and statistical manual of mental disorders that	5250
is current at the time of the training, including the number of	5251
the clock hours that must be on substance-related disorders, the	5252
number of the clock hours that must be on chemical dependency	5253
conditions, and the number of the clock hours that must be on	5254
awareness of other mental and emotional disorders;	5255

(13) For the purpose of division (A)(1) of section 4758.41 of	5256
the Revised Code, course requirements for a bachelor's degree in	5257
behavioral sciences;	5258

(14) For the purpose of division (A) of section 4758.43 of	5259
the Revised Code, training requirements for chemical dependency	5260
counseling that shall, at a minimum, include qualifications for	5261
the individuals who provide the training and instruction in one or	5262
more of the courses listed in division (A)(11) of this section as	5263
selected by the individual seeking the chemical dependency	5264
counselor assistant certificate;	5265

(15) For the purpose of division (A)(3) of section 4758.44,	5266
division (A)(3) of section 4758.45, and division (A)(2) of section	5267
4758.53 of the Revised Code, requirements for prevention-related	5268
education;	5269

(16) For the purpose of section 4758.51 of the Revised Code,	5270
continuing education requirements for individuals who hold a	5271
license or certificate issued under this chapter;	5272

(17) For the purpose of section 4758.51 of the Revised Code,	5273
the number of hours of continuing education that an individual	5274
must complete to have an expired license or certificate restored	5275
under section 4758.26 of the Revised Code;	5276

(18) For the purpose of section 4758.53 of the Revised Code,	5277
the requirements an individual holding a registered applicant	5278
certificate must complete to take an examination administered	5279
pursuant to section 4758.22 of the Revised Code to obtain a	5280
prevention specialist II certificate or prevention specialist I	5281
certificate and the documentation the individual must submit to	5282
the board showing that the individual has completed the	5283
requirements;	5284

(19) The method of determining the amount of time an	5285
individual must wait to apply to the board for a new registered	5286
applicant certificate under division (B) of section 4758.53 of the	5287
Revised Code;	5288

(20) The duties of an independent chemical dependency	5289
counselor licensed under this chapter who supervises a chemical	5290
dependency counselor III under section 4758.56,; independent	5291
chemical dependency counselor or chemical dependency counselor III	5292
licensed under this chapter who supervises a chemical dependency	5293
counselor assistant under section 4758.59,; or prevention	5294
specialist II or prevention specialist I certified under this	5295
chapter or independent chemical dependency counselor, chemical	5296
dependency counselor III, or chemical dependency counselor II	5297
licensed under this chapter who supervises a registered applicant	5298
under section 4758.61 of the Revised Code. The duties may differ.	5299

(21) Anything else necessary to administer this chapter.

5300

(B) All rules adopted under this section shall be adopted in	5301
accordance with Chapter 119. of the Revised Code and any	5302
applicable federal laws and regulations. Initial rules shall be	5303
adopted not later than nine months after the effective date of	5304
this sectionDecember 23, 2002.	5305

(C) When it adopts rules under this section, the board may	5306
consider standards established by any national association or	5307
other organization representing the interests of those involved in	5308
chemical dependency counseling or alcohol and other drug	5309
prevention services.	5310

Sec. 4758.40. An individual seeking an independent chemical	5311
dependency counselor license shall meet either of the following	5312
requirements:	5313

(A) Meet all of the following requirements:

5314

(1) Hold from an accredited educational institution at least	5315
a master's degree in behavioral sciences that meets the course	5316
requirements specified in rules adopted under section 4758.20 of	5317
the Revised Code;	5318

(2) Have not less than four thousand hours of compensated	5319
work experience in either of the following, not less than eight	5320
hundred hours of which are in chemical dependency counseling:	5321

(a) Chemical dependency services, substance abuse services,	5322
or both types of services;	5323

(b) The practice of psychology, as defined in section 4732.01	5324
of the Revised Code, or the practice of professional counseling or	5325
the practice of social work, both as defined in section 4757.01 of	5326
the Revised Code.	5327

(3) Have a minimum of two hundred seventy hours of training	5328
in chemical dependency that meets the requirements specified in	5329
rules adopted under section 4758.20 of the Revised Code;	5330

(4) Pass one or more examinations administered pursuant to	5331
section 4758.22 of the Revised Code for the purpose of determining	5332
competence to practice as an independent chemical dependency	5333
counselor.	5334

(B) Meet both of the following requirements:

5335

(1) Hold, on the effective date of this sectionDecember 23,	5336
2002, a certificate or credentials that were accepted under	5337
section 3793.07 of the Revised Code as authority to practice as a	5338
certified chemical dependency counselor III or certified chemical	5339
dependency counselor III-E;	5340

(2) Meet one of the following requirements:

5341

(a) Hold the degree described in division (A)(1) of this	5342
section;	5343

(b) Have held a chemical dependency counselor III, II, or I	5344
certificate for at least eight consecutive years and have not less	5345
than forty clock hours of training on the version of the	5346
diagnostic and statistical manual of mental disorders that is	5347
current at the time of the training. The training must meet the	5348
requirements specified in rules adopted under section 4758.20 of	5349
the Revised Code and have been provided by an. An individual	5350
authorized under Chapter 4731. of the Revised Code to practice	5351
medicine and surgery or osteopathic medicine and surgery, a	5352
psychologist licensed under Chapter 4732. of the Revised Code, or	5353
a professional clinical counselor or independent social worker	5354
licensed under Chapter 4757. of the Revised Code may provide any	5355
portion of the training. An independent chemical dependency	5356
counselor licensed under this chapter who holds the degree	5357
described in division (A)(1) of this section may provide the	5358
portion of the training on chemical dependency conditions.	5359

Sec. 4758.41. An individual seeking a chemical dependency	5360
counselor III license shall meet any of the following	5361
requirements:	5362

(A) Meet all of the following requirements:

5363

(1) Hold from an accredited educational institution a	5364
bachelor's degree in a behavioral science that meets the course	5365
requirements specified in rules adopted under section 4758.20 of	5366
the Revised Code;	5367

(2) Have not less than four thousand hours of compensated	5368
work experience in either of the following, not less than eight	5369
hundred work hours of which are in chemical dependency counseling:	5370

(a) Chemical dependency services, substance abuse services,	5371
or both types of services;	5372

(b) The practice of psychology, as defined in section 4732.01	5373
of the Revised Code, or the practice of professional counseling or	5374
the practice of social work, both as defined in section 4757.01 of	5375
the Revised Code.	5376

(3) Have a minimum of two hundred seventy hours of training	5377
in chemical dependency that meets the requirements specified in	5378
rules adopted under section 4758.20 of the Revised Code;	5379

(4) Pass one or more examinations administered pursuant to	5380
section 4758.22 of the Revised Code for the purpose of determining	5381
competence to practice as a chemical dependency counselor III.	5382

(B) Meet both of the following requirements:

5383

(1) Hold, on the effective date of this sectionDecember 23,	5384
2002, a certificate or credentials that were accepted under	5385
section 3793.07 of the Revised Code as authority to practice as a	5386
certified chemical dependency counselor III or certified chemical	5387
dependency counselor III-E;	5388

(2) Have not less than forty clock hours of training on the	5389
version of the diagnostic and statistical manual of mental	5390
disorders that is current at the time of the training. The	5391
training must meet the requirements specified in rules adopted	5392
under section 4758.20 of the Revised Code and have been provided	5393
by an. An individual authorized under Chapter 4731. of the Revised	5394
Code to practice medicine and surgery or osteopathic medicine and	5395
surgery, a psychologist licensed under Chapter 4732. of the	5396
Revised Code, or a professional clinical counselor or independent	5397
social worker licensed under Chapter 4757. of the Revised Code may	5398
provide any portion of the training. An independent chemical	5399
dependency counselor licensed under this chapter who holds the	5400
degree described in division (A)(1) of section 4758.40 of the	5401
Revised Code may provide the portion of the training on chemical	5402
dependency conditions.	5403

(C) Meet all of the following requirements:

5404

(1) Hold, on the effective date of this sectionDecember 23,	5405
2002, a certificate or credentials that were accepted under	5406
section 3793.07 of the Revised Code as authority to practice as a	5407
certified chemical dependency counselor II;	5408

(2) Meet the requirement of division (B)(2) of this section;

5409

(3) Hold a bachelor's degree in a behavioral science.

5410

Sec. 4758.42. An individual seeking a chemical dependency	5411
counselor II license shall meet either of the following	5412
requirements:	5413

(A) Meet all of the following requirements:

5414

(1) Hold from an accredited educational institution an	5415
associate's degree in a behavioral science or a bachelor's degree	5416
in any field;	5417

(2)(a) If the individual holds an associate's degree, have	5418
not less than five thousand hours of compensated or volunteer	5419
work, field placement, intern, or practicum experience in either	5420
of the following, not less than one thousand hours of which are in	5421
chemical dependency counseling:	5422

(i) Chemical dependency services, substance abuse services,	5423
or both types of services;	5424

(ii) The practice of psychology, as defined in section	5425
4732.01 of the Revised Code, or the practice of professional	5426
counseling or the practice of social work, both as defined in	5427
section 4757.01 of the Revised Code.	5428

(b) If the individual holds a bachelor's degree, have not	5429
less than six thousand hours of compensated or volunteer work,	5430
field placement, intern, or practicum experience in either of the	5431
following, not less than one thousand two hundred hours of which	5432
are in chemical dependency counseling:	5433

(i) Chemical dependency services, substance abuse services,	5434
or both types of services;	5435

(ii) The practice of psychology, as defined in section	5436
4732.01 of the Revised Code, or the practice of professional	5437
counseling or the practice of social work, both as defined in	5438
section 4757.01 of the Revised Code.	5439

(3) Have a minimum of two hundred seventy hours of training	5440
in chemical dependency that meets the requirements specified in	5441
rules adopted under section 4758.20 of the Revised Code;	5442

(4) Pass one or more examinations administered pursuant to	5443
section 4758.22 of the Revised Code for the purpose of determining	5444
competence to practice as a chemical dependency counselor II.	5445

(B) Meet both of the following requirements:

5446

(1) Hold a degree described in division (A)(1) of this	5447
section;	5448

(2) Hold, on the effective date of this sectionDecember 23,	5449
2002, a certificate or credentials that were accepted under	5450
section 3793.07 of the Revised Code as authority to practice as a	5451
certified chemical dependency counselor II.	5452

Sec. 4758.55. AnIn addition to practicing chemical	5453
dependency counseling, an individual holding a valid independent	5454
chemical dependency counselor license may do all of the following:	5455

(A) Diagnose and treat chemical dependency conditions;

5456

(B) Perform treatment planning, assessment, crisis	5457
intervention, individual and group counseling, case management,	5458
and education services as they relate to abuse of and dependency	5459
on alcohol and other drugs;	5460

(C) Refer individuals with nonchemical dependency conditions	5461
to appropriate sources of help.	5462

Sec. 4758.56. (A) AnIn addition to practicing chemical	5463
dependency counseling, an individual holding a valid chemical	5464
dependency counselor III license may do all of the following:	5465

(1) Diagnose chemical dependency conditions under the	5466
supervision of any of the following:	5467

(a) An independent chemical dependency counselor licensed	5468
under this chapter;	5469

(b) An individual authorized under Chapter 4731. of the	5470
Revised Code to practice medicine and surgery or osteopathic	5471
medicine and surgery;	5472

(c) A psychologist licensed under Chapter 4732. of the	5473
Revised Code;	5474

(d) A registered nurse licensed under Chapter 4723. of the	5475
Revised Code or professional clinical counselor or independent	5476
social worker licensed under Chapter 4757. of the Revised Code if	5477
such supervision is consistent with the scope of practice of the	5478
registered nurse, professional clinical counselor, or independent	5479
social worker.	5480

(2) Treat chemical dependency conditions;

5481

(3) Perform treatment planning, assessment, crisis	5482
intervention, individual and group counseling, case management,	5483
and education services as they relate to abuse of and dependency	5484
on alcohol and other drugs;	5485

(4) Refer individuals with nonchemical dependency conditions	5486
to appropriate sources of help.	5487

(B) A chemical dependency counselor III may not practice as	5488
an individual practitioner.	5489

Sec. 4758.57. (A) AnIn addition to practicing chemical	5490
dependency counseling, an individual holding a valid chemical	5491
dependency counselor II license may do both of the following:	5492

(1) Perform treatment planning, assessment, crisis	5493
intervention, individual and group counseling, case management,	5494
and education services as they relate to abuse of and dependency	5495
on alcohol and other drugs;	5496

(2) Refer individuals with nonchemical dependency conditions	5497
to appropriate sources of help.	5498

(B) A chemical dependency counselor II may not practice as an	5499
individual practitioner.	5500

Sec. 4758.58. (A) Until six years after the effective date of	5501
this sectionDecember 23, 2002, an individual holding a valid	5502
chemical dependency counselor I certificate may do both of the	5503
following in addition to practicing chemical dependency	5504
counseling:	5505

(1) Perform treatment planning, assessment, crisis	5506
intervention, individual and group counseling, case management,	5507
and education services as they relate to abuse of and dependency	5508
on alcohol and other drugs;	5509

(2) Refer individuals with nonchemical dependency conditions	5510
to appropriate sources of help.	5511

(B) A chemical dependency counselor I may not practice as an	5512
individual practitioner.	5513

Sec. 4758.59. (A) Subject to division (B) of this section, an	5514
individual holding a valid chemical dependency counselor assistant	5515
certificate may do both of the following in addition to practicing	5516
chemical dependency counseling:	5517

(1) Perform treatment planning, assessment, crisis	5518
intervention, individual and group counseling, case management,	5519
and education services as they relate to abuse of or dependency on	5520
alcohol and other drugs;	5521

(2) Refer individuals with nonchemical dependency conditions	5522
to appropriate sources of help.	5523

(B) An individual holding a valid chemical dependency	5524
counselor assistant certificate may practice chemical dependency	5525
counseling and perform the tasks specified in division (A) of this	5526
section only while under the supervision of any of the following:	5527

(1) An independent chemical dependency counselor or chemical	5528
dependency counselor III licensed under this chapter;	5529

(2) An individual authorized under Chapter 4731. of the	5530
Revised Code to practice medicine and surgery or osteopathic	5531
medicine and surgery;	5532

(3) A psychologist licensed under Chapter 4732. of the	5533
Revised Code;	5534

(4) A registered nurse licensed under Chapter 4723. of the	5535
Revised Code or professional clinical counselor or independent	5536
social worker licensed under Chapter 4757. of the Revised Code if	5537
such supervision is consistent with the scope of practice of the	5538
registered nurse, professional clinical counselor, or independent	5539
social worker.	5540

(C) A chemical dependency counselor assistant may not	5541
practice as an individual practitioner.	5542

Sec. 4758.61. An individual who holds a valid registered	5543
applicant certificate issued under this chapter may engage in the	5544
practice of alcohol and other drug prevention services under the	5545
supervision of an individual holding a validany of the following:	5546

(A) A prevention specialist II certificate or prevention	5547
specialist I certificate issuedcertified under this chapter;	5548

(B) An independent chemical dependency counselor, a chemical	5549
dependency counselor III, or a chemical dependency counselor II	5550
licensed under this chapter;	5551

(C) An individual authorized under Chapter 4731. of the	5552
Revised Code to practice medicine and surgery or osteopathic	5553
medicine and surgery;	5554

(D) A psychologist licensed under Chapter 4732. of the	5555
Revised Code;	5556

(E) A registered nurse licensed under Chapter 4723. of the	5557
Revised Code;	5558

(F) A professional clinical counselor, a professional	5559
counselor, an independent social worker, or a social worker	5560
licensed under Chapter 4757. of the Revised Code;	5561

(G) A school counselor licensed by the department of	5562
education pursuant to section 3319.22 of the Revised Code;	5563

(H) A health education specialist certified by the national	5564
commission for health education credentialing.	5565

Sec. 5101.27.  (A) Except as permitted by this section,	5566
section 5101.28 or 5101.29 of the Revised Code, or the rules	5567
adopted under division (A) of section 5101.30 of the Revised Code,	5568
or required by federal law, no person or government entity shall	5569
solicit, disclose, receive, use, or knowingly permit, or	5570
participate in the use of any information regarding a public	5571
assistance recipient for any purpose not directly connected with	5572
the administration of a public assistance program.	5573

(B) To the extent permitted by federal law, the department of	5574
job and family services and county agencies shall do bothall of	5575
the following:	5576

(1) Release information regarding a public assistance	5577
recipient for purposes directly connected to the administration of	5578
the program to a government entity responsible for administering	5579
that public assistance program;	5580

(2) Provide information regarding a public assistance	5581
recipient to a law enforcement agency for the purpose of any	5582
investigation, prosecution, or criminal or civil proceeding	5583
relating to the administration of that public assistance program;	5584

(3) Provide, for purposes directly connected to the	5585
administration of a program that assists needy individuals with	5586
the costs of public utility services, information regarding a	5587
recipient of financial assistance provided under a program	5588
administered by the department or a county agency pursuant to	5589
Chapter 5107. or 5108. of the Revised Code or sections 5115.01 to	5590
5115.07 of the Revised Code to an entity administering the public	5591
utility services program.	5592

(C) To the extent permitted by federal law and section	5593
1347.08 of the Revised Code, the department and county agencies	5594
shall provide access to information regarding a public assistance	5595
recipient to all of the following:	5596

(1) The recipient;

5597

(2) The authorized representative;

5598

(3) The legal guardian of the recipient;

5599

(4) The attorney of the recipient, if the attorney has	5600
written authorization that complies with section 5101.271 of the	5601
Revised Code from the recipient.	5602

(D) To the extent permitted by federal law and subject to	5603
division (E) of this section, the department and county agencies	5604
may do both of the following:	5605

(1) Release information about a public assistance recipient	5606
if the recipient gives voluntary, written authorization that	5607
complies with section 5101.271 of the Revised Code;	5608

(2) Release information regarding a public assistance	5609
recipient to a state, federal, or federally assisted program that	5610
provides cash or in-kind assistance or services directly to	5611
individuals based on need or for the purpose of protecting	5612
children to a government entity responsible for administering a	5613
children's protective services program.	5614

(E) Except when the release is required by division (B), (C),	5615
or (D)(2) of this section, the department or county agency shall	5616
release the information only in accordance with the authorization.	5617
The department or county agency shall provide, at no cost, a copy	5618
of each written authorization to the individual who signed it.	5619

(F) The department or county agency may release information	5620
under division (D) of this section concerning the receipt of	5621
medical assistance provided under a public assistance program only	5622
if all of the following conditions are met:	5623

(1) The release of information is for purposes directly	5624
connected to the administration of or provision of medical	5625
assistance provided under a public assistance program;	5626

(2) The information is released to persons or government	5627
entities that are subject to standards of confidentiality and	5628
safeguarding information substantially comparable to those	5629
established for medical assistance provided under a public	5630
assistance program;	5631

(3) The department or county agency has obtained an	5632
authorization consistent with section 5101.271 of the Revised	5633
Code.	5634

(G) Information concerning the receipt of medical assistance	5635
provided under a public assistance program may be released only if	5636
the release complies with this section and rules adopted by the	5637
department pursuant to section 5101.30 of the Revised Code or, if	5638
more restrictive, the Health Insurance Portability and	5639
Accountability Act of 1996, Pub. L. No. 104-191, 110 Stat. 1955,	5640
42 U.S.C. 1320d, et seq., as amended, and regulations adopted by	5641
the United States department of health and human services to	5642
implement the act.	5643

(H) The department of job and family services may adopt rules	5644
defining "authorized representative" for purposes of division	5645
(C)(2) of this section.	5646

Sec. 5110.35.  The department of job and family services	5647
shall adopt rules in accordance with Chapter 119. of the Revised	5648
Code to implement the Ohio's best Rx program. The rules shall	5649
provide for all of the following:	5650

(A) Determination of family income for the purpose of	5651
division (A)(2) of section 5110.05 of the Revised Code;	5652

(B) For the purpose of division (B) of section 5110.06	5653
5110.05 of the Revised Code, the application and annual	5654
reapplication process for the program and documentation to be	5655
submitted with applications and reapplications for the purpose of	5656
verifying eligibility;	5657

(C) For the purpose of division (B) of section 5110.06	5658
5110.05 of the Revised Code and subject to section 5110.351 of the	5659
Revised Code, the application form for the program;	5660

(D) The method of providing information about the medicaid	5661
program to applicants under section 5110.07 of the Revised Code;	5662

(E) For the purpose of section 5110.08 of the Revised Code,	5663
eligibility determination procedures;	5664

(F) Subject to section 5110.352 of the Revised Code,	5665
periodically increasing the maximum professional fee that	5666
participating terminal distributors may charge Ohio's best Rx	5667
program participants under section 5110.12 of the Revised Code or	5668
the Ohio's best Rx program administrator may charge under a	5669
contract entered into under section 5110.10 of the Revised Code;	5670

(G) Subject to section 5110.353 of the Revised Code, the	5671
amount of the administrative fee, if any, participating terminal	5672
distributors are to charge Ohio's best Rx program participants	5673
under section 5110.12 of the Revised Code or the Ohio's best Rx	5674
program administrator may charge under a contract entered into	5675
under section 5110.10 of the Revised Code;	5676

(H) The electronic method for participating terminal	5677
distributors and the Ohio's best Rx program administrator to	5678
submit claims to the department under section 5110.16 of the	5679
Revised Code;	5680

(I) Additional information participating terminal	5681
distributors and the Ohio's best Rx program administrator shall	5682
include on claims submitted under section 5110.16 of the Revised	5683
Code that the department determines is necessary for the	5684
department to be able to make payments under section 5110.17 of	5685
the Revised Code;	5686

(J) The method for making payments to participating terminal	5687
distributors or the Ohio's best Rx program administrator under	5688
section 5110.17 of the Revised Code;	5689

(K) Subject to section 5110.354 of the Revised Code, the	5690
percentage that is the rebate administration percentage;	5691

(L) If the department determines it is best that	5692
participating manufacturers make rebates under section 5110.21 of	5693
the Revised Code on a basis other than quarterly, a schedule for	5694
payment of the rebates;	5695

(M) The process for the department of administrative services	5696
and state retirement systems to calculate and submit the	5697
information required by section 5110.25 of the Revised Code;	5698

(N) Procedures for making computations under sections 5110.21	5699
and 5110.27 of the Revised Code;	5700

(O) Standards and procedures for the use and preservation of	5701
records regarding the Ohio's best Rx program by the department and	5702
the Ohio's best Rx program administrator pursuant to section	5703
5110.59 of the Revised Code;	5704

(P) For the purpose of section 5110.10 of the Revised Code,	5705
the standards and procedures governing the operation of the mail	5706
order system by the Ohio's best Rx program administrator;	5707

(Q) The efficient administration of other provisions of this	5708
chapter for which the department determines rules are necessary.	5709

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

5710

(1) "Community mental health facility" means a community	5711
mental health facility that has a quality assurance program	5712
accredited by the joint commission on accreditation of healthcare	5713
organizations or is certified by the department of mental health	5714
or department of job and family services.	5715

(2) "Mental health professional" means a person qualified to	5716
work with mentally ill persons under the standards established by	5717
the director of mental health pursuant to section 5119.611 of the	5718
Revised Code.	5719

(B) The state medicaid plan shall include provision of the	5720
following mental health services when provided by community mental	5721
health facilities:	5722

(1) Outpatient mental health services, including, but not	5723
limited to, preventive, diagnostic, therapeutic, rehabilitative,	5724
and palliative interventions rendered to individuals in an	5725
individual or group setting by a mental health professional in	5726
accordance with a plan of treatment appropriately established,	5727
monitored, and reviewed;	5728

(2) Partial-hospitalization mental health services of three	5729
to fourteen hours per service day, rendered by persons directly	5730
supervised by a mental health professional;	5731

(3) Unscheduled, emergency mental health services of a kind	5732
ordinarily provided to persons in crisis when rendered by persons	5733
supervised by a mental health professional;	5734

(4) Subject to receipt of federal approval, assertive	5735
community treatment and intensive home-based mental health	5736
services.	5737

(C) The comprehensive annual plan shall certify the	5738
availability of sufficient unencumbered community mental health	5739
state subsidy and local funds to match federal medicaid	5740
reimbursement funds earned by community mental health facilities.	5741

(D) The department of job and family services shall enter	5742
into a separate contract with the department of mental health	5743
under section 5111.91 of the Revised Code with regard to the	5744
component of the medicaid program provided for by this section.	5745

(E) Not later than May 1July 21, 2004, the department of job	5746
and family services shall request federal approval to provide	5747
assertive community treatment and intensive home-based mental	5748
health services under medicaid pursuant to this section.	5749

(F) On receipt of federal approval sought under division (E)	5750
of this section, the director of job and family services shall	5751
adopt rules in accordance with Chapter 119. of the Revised Code	5752
establishing statewide access and acuity standards for partial	5753
hospitalization mental health services andfor assertive community	5754
treatment and intensive home-based mental health services provided	5755
under medicaid pursuant to this section. The director shall	5756
consult with the department of mental health in adopting the	5757
rules.	5758

Sec. 5111.87. (A) As used in this section and section	5759
5111.871 of the Revised Code, "intermediate care facility for the	5760
mentally retarded" has the same meaning as in section 5111.20 of	5761
the Revised Code.	5762

(B) The director of job and family services may apply to the	5763
United States secretary of health and human services for both of	5764
the following:	5765

(1) One or more medicaid waivers under which home and	5766
community-based services are provided to individuals with mental	5767
retardation or other developmental disability as an alternative to	5768
placement in an intermediate care facility for the mentally	5769
retarded;	5770

(2) One or more medicaid waivers that operate for three to	5771
four years each and under which home and community-based services	5772
are provided in the form of either or both of the following:	5773

(a) Early intervention services for children under three	5774
years of age that are provided or arranged by county boards of	5775
mental retardation and developmental disabilities;	5776

(b) Therapeutic services for children who have autism and are	5777
under six years of age at the time of enrollment.	5778

(C) No individual may receive services under an autism	5779
component of the medicaid program established under a waiver	5780
sought under division (B)(2)(b) of this section for more than	5781
three years. An individual receiving intensive therapeutic	5782
services under such an autism component is forever ineligible to	5783
receive intensive therapeutic services, under any other component	5784
of the medicaid program.	5785

(D) The director of mental retardation and developmental	5786
disabilities may request that the director of job and family	5787
services apply for one or more medicaid waivers under this	5788
section.	5789

(E)(D) Before applying for a waiver under this section, the	5790
director of job and family services shall seek, accept, and	5791
consider public comments.	5792

Sec. 5119.18.  There is hereby created in the state treasury	5793
the department of mental health trust fund. Not later than the	5794
first day of September of each year, the director of mental health	5795
shall certify to the director of budget and management the amount	5796
of all of the unexpended, unencumbered balances of general revenue	5797
fund appropriations made to the department of mental health for	5798
the previous fiscal year, excluding funds appropriated for rental	5799
payments to the Ohio public facilities commission. On receipt of	5800
the certification, the director of budget and management shall	5801
transfer cash to the trust fund in an amount up to, but not	5802
exceeding, the total of the amounts certified by the director of	5803
mental health.	5804

In addition, the trust fund shall receive all amounts,	5805
subject to any provisions in bond documents, received from the	5806
sale or lease of lands and facilities by the department.	5807

All moneys in the trust fund shall be used by the department	5808
of mental health for mental health purposes specified in division	5809
(A) of section 5119.06 of the Revised Code. The use of moneys in	5810
the trust fund pursuant to this section does not represent an	5811
ongoing commitment to the continuation of the trust fund or to the	5812
use of moneys in the trust fund.	5813

Sec. 5123.352.  There is hereby created in the state treasury	5814
the community mental retardation and developmental disabilities	5815
trust fund. The director of mental retardation and developmental	5816
disabilities, not later than sixty days after the end of each	5817
fiscal year, shall certify to the director of budget and	5818
management the amount of all the unexpended, unencumbered balances	5819
of general revenue fund appropriations made to the department of	5820
mental retardation and developmental disabilities for the fiscal	5821
year, excluding appropriations for rental payments to the Ohio	5822
public facilities commission, and the amount of any other funds	5823
held by the department in excess of amounts necessary to meet the	5824
department's operating costs and obligations pursuant to this	5825
chapter and Chapter 5126. of the Revised Code. On receipt of the	5826
certification, the director of budget and management shall	5827
transfer cash to the trust fund in an amount up to, but not	5828
exceeding, the total of the amounts certified by the director of	5829
mental retardation and developmental disabilities, except in cases	5830
in which the transfer will involve more than twenty million	5831
dollars. In such cases, the director of budget and management	5832
shall notify the controlling board and must receive the board's	5833
approval of the transfer prior to making the transfer.	5834

Except for expenses paid under division (C) of section	5835
5123.353 of the Revised Code, all moneys in the trust fund shall	5836
be distributed in accordance with section 5126.19 of the Revised	5837
Code.	5838

Sec. 5731.47.  The fees of the sheriff or other officers for	5839
services performed under Chapter 5731. of the Revised Codethis	5840
chapter and the expenses of the county auditor shall be certified	5841
by the county auditor by a report filed with the tax commissioner.	5842
If the tax commissioner finds that suchthose fees and expenses	5843
are correct and reasonable in amount, the tax commissioner shall	5844
indicate approval of the fees and expenses in writing to the	5845
county auditor. The county auditor shall pay suchthose fees and	5846
expenses out of the state's share of the undivided inheritance	5847
taxes in the county treasury andundivided estate tax fund. The	5848
county auditor then shall deduct, from the amount required to be	5849
credited to each of the funds or boards of education listed or	5850
referred to in division (A) of section 5731.48 of the Revised	5851
Code, a pro rata share of the amount so paid. The pro rata share	5852
shall be computed on the basis of the proportions of the gross	5853
taxes levied and paid under this chapter that are required to be	5854
credited to the funds or boards of education listed or referred to	5855
under that section. The county auditor shall draw warrants payable	5856
from suchthose taxes on the county treasurer in favor of the fee	5857
funds or officers personally entitled theretoto the fees and	5858
expenses. If the fees and expenses approved by the tax	5859
commissioner exceed the amount of the state's share of undivided	5860
inheritance taxes in the county treasury, the county auditor shall	5861
certify the amount of the excess to the tax commissioner, who	5862
shall certify the amount to the director of budget and management.	5863
The director shall provide for payment of the excess from the	5864
general revenue fund to the county treasury, and the county	5865
auditor shall draw warrants on the county treasurer in favor of	5866
the appropriate fee funds or officers.	5867

Sec. 5731.48.  (A) If a decedent dies on or after July 1,	5868
1989, and before January 1, 2001, sixty-four per cent of the gross	5869
amount of taxes levied and paid under this chapter shall be for	5870
the use of the municipal corporation or township in which the tax	5871
originates, and shall be credited as provided in division (A)(1),	5872
(2), or (3) of this section:	5873

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

5874

(2) To the general revenue fund of a village or to the board	5875
of education of a village, for school purposes, as the village	5876
council by resolution may approve;	5877

(3) To the general revenue fund or to the board of education	5878
of the school district of which the township is a part, for school	5879
purposes, as the board of township trustees by resolution may	5880
approve, in the case of a township.	5881

The remainder of the taxes levied and paid shall be for the	5882
use of the state and shall be credited to the general revenue fund	5883
after any deduction for fees and costs charged under section	5884
5731.47 of the Revised Code.	5885

(B) If a decedent dies on or after January 1, 2001, and	5886
before January 1, 2002, seventy per cent of the gross amount of	5887
taxes levied and paid under this chapter shall be for the use of	5888
the municipal corporation or township in which the tax originates	5889
and credited as provided in division (A)(1), (2), or (3) of this	5890
section, and the remainder shall be for the use of the state and	5891
credited to the general revenue fund after any deduction for fees	5892
and costs charged under section 5731.47 of the Revised Code.	5893

(C) If a decedent dies on or after January 1, 2002, eighty	5894
per cent of the gross amount of taxes levied and paid under this	5895
chapter, less any deduction from the municipal corporation's or	5896
township's share of those taxes for fees or expenses charged under	5897
section 5731.47 of the Revised Code, shall be for the use of the	5898
municipal corporation or township in which the tax originates and	5899
credited as provided in division (A)(1), (2), or (3) of this	5900
section, and the remainder, less any deduction from the state's	5901
share of those taxes for fees or expenses charged under section	5902
5731.47 of the Revised Code, shall be for the use of the state and	5903
shall be credited to the general revenue fund after any deduction	5904
for fees and costs charged under section 5731.47 of the Revised	5905
Code.	5906

(D) If a municipal corporation is in default with respect to	5907
the principal or interest of any outstanding notes or bonds, one	5908
half of the taxes distributed under this section shall be credited	5909
to the sinking or bond retirement fund of the municipal	5910
corporation, and the residue shall be credited to the general	5911
revenue fund.	5912

(E) The council, board of trustees, or other legislative	5913
authority of a village or township may, by ordinance in the case	5914
of a village, or by resolution in the case of a township, provide	5915
that whenever there is money in the treasury of the village or	5916
township from taxes levied under this chapter, not required for	5917
immediate use, that money may be invested in federal, state,	5918
county, or municipal bonds, upon which there has been no default	5919
of the principal during the preceding five years.	5920

Sec. 6301.03.  (A) In administering the "Workforce Investment	5921
Act of 1998," 112 Stat. 936, 29 U.S.C.A. 2801, as amended, the	5922
"Wagner-Peyser Act," 48 Stat. 113 (1933), 29 U.S.C.A. 49, as	5923
amended, the funds received pursuant to those acts, and the	5924
workforce development system, the director of job and family	5925
services may make allocations and payment of funds for the local	5926
administration of the workforce development activities established	5927
under this chapter. Pursuant to the "Workforce Investment Act of	5928
1998," 112 Stat. 936, 29 U.S.C.A. 2801, as amended, the governor	5929
shall reserve not more than fifteen per cent of the amounts	5930
allocated to the state under Title I of that act for adults,	5931
dislocated workers, and youth for statewide activities, and not	5932
more than twenty-five per cent of funds allocated for dislocated	5933
workers under Title I of that act for statewide rapid response	5934
activities.	5935

(B) The director shall allocate to local areas all funds	5936
required to be allocated to local areas pursuant to the "Workforce	5937
Investment Act of 1998," 112 Stat. 936, 29 U.S.C.A. 2801, as	5938
amended. The director shall make allocations only with funds	5939
available and in accordance with all of the following:	5940

(1) If a board of county commissioners administering	5941
workforce development activities at the local level designates the	5942
county department of job and family services as its workforce	5943
development agency, the director shall allocate the funds to that	5944
county department. That county department shall deposit all funds	5945
received pursuant to this section into the county public	5946
assistance fund.	5947

(2) If a board of county commissioners administering	5948
workforce development activities at the local level designates as	5949
its workforce development agency an entity for which the board	5950
maintains responsibility or control, but which is not the county	5951
department of job and family services, the board. Local areas, as	5952
defined by either section 101 of the "Workforce Investment Act of	5953
1998," 112 Stat. 936, 29 U.S.C.A. 2801, as amended, or section	5954
6301.01 of the Revised Code, and subrecipients of a local area	5955
shall establish a county workforce development fund, and the	5956
entity receiving the funds shall deposit all funds received under	5957
this section into the county workforce development fund. All	5958
expenditures for activities funded under this section shall be	5959
made from the county workforce development fund.	5960

(3) If a board of county commissioners administering	5961
workforce development activities at the local level designates as	5962
its workforce development agency an entity other than one	5963
described in divisions (B)(1) and (2) of this section, the board	5964
shall designate a fiscal agent to receive and be responsible for	5965
the funds. Any entity designated by the board as the fiscal agent	5966
shall be an agency supervised by the director or the county	5967
auditor.	5968

(4) If a municipal corporation administering workforce	5969
development activities at the local level is designated to receive	5970
funds under this section, the municipal corporation shall place	5971
all funds received under this section into a special fund and all	5972
expenditures for workforce development activities shall be made	5973
from that fund. The municipal corporation may use the funds in	5974
that fund only for the workforce development activities for which	5975
the funds are appropriated.	5976

(C) The use of funds, reporting requirements, and other	5977
administrative and operational requirements governing the use of	5978
funds received by the director pursuant to this section shall be	5979
governed by internal management rules adopted by the director	5980
pursuant to section 111.15 of the Revised Code.	5981

(D) To the extent permitted by state or federal law, the	5982
director, local areas, counties, and municipal corporations	5983
authorized to administer workforce development activities may	5984
assess a fee for specialized services requested by an employer.	5985
The director shall adopt rules pursuant to Chapter 119. of the	5986
Revised Code governing the nature and amount of those types of	5987
fees.	5988

Section 2. That existing sections 9.24, 102.02, 123.01,	5989
123.10, 124.15, 124.152, 124.181, 124.183, 124.382, 126.32,	5990
152.09, 175.21, 1503.05, 3311.059, 3327.01, 3334.01, 3383.09,	5991
3701.881, 3712.09, 3734.02, 3734.18, 3734.57, 3769.021, 3769.087,	5992
3770.07, 3781.19, 4701.03, 4707.05, 4723.431, 4758.20, 4758.40,	5993
4758.41, 4758.42, 4758.55, 4758.56, 4758.57, 4758.58, 4758.59,	5994
4758.61, 5101.27, 5110.35, 5111.022, 5111.87, 5119.18, 5123.352,	5995
5731.47, 5731.48, and 6301.03 and sections        Sec. 152.101.  and        Sec. 901.85.  of	5996
the Revised Code are hereby repealed.	5997

Section 3.  All items set forth in Sections 3.01 to 3.04 of	5998
this act are hereby appropriated out of any moneys in the General	5999
Revenue Fund (GRF) that are not otherwise appropriated:	6000

Reappropriations

Section 3.01.  DAS DEPARTMENT OF ADMINISTRATIVE SERVICES

6001

RURAL AREAS COMMUNITY IMPROVEMENTS

6007

From the foregoing appropriation item CAP-786, Rural Areas	6008
Community Improvements, grants shall be made for the following	6009
projects: $20,000 for the Smith Field Memorial Foundation;	6010
$200,000 for the Champaign YMCA; $100,000 for the Mentor Fire &	6011
Police Headquarters Relocation; $20,000 for the Red Mill Creek	6012
Water Retention Basin; and $25,000 for the Lawrence County Water	6013
Projects.	6014

URBAN AREAS COMMUNITY IMPROVEMENTS

6015

From the foregoing appropriation item CAP-817, Urban Areas	6016
Community Improvements, grants shall be made for the following	6017
projects: $100,000 for the Maumee Youth Center; $25,000 for the	6018
Columbus Civic Arena Development Planning; $50,000 for the Brown	6019
Senior Center Renovations; $100,000 for Project AHEAD Facility	6020
Improvements; $75,000 for the J. Frank-Troy Senior Citizens	6021
Center; $15,000 for the Victorian Village Society; $50,000 for the	6022
Beech Acres Family Center; $23,900 for the Canton Jewish Women's	6023
Center; $450,000 for the Gateway Social Services Building; $50,000	6024
for the Loew Field Improvements; $20,000 for the Harvard Community	6025
Services Center Renovation & Expansion; $20,000 for the Collinwood	6026
Community Service Center Repair & Renovation; and $80,000 for	6027
Bowman Park - City of Toledo.	6028

Reappropriations

Section 3.02.  AFC ARTS AND SPORTS FACILITIES COMMISSION

6029

COOPER STADIUM RELOCATION FEASIBILITY STUDY

6032

Notwithstanding division (F) of section 3383.07 of the	6033
Revised Code, all or a portion of the foregoing appropriation item	6034
CAP-819, Cooper Stadium Relocation Feasibility Study, may be	6035
expended for the cost of preparing a financial and development	6036
plan or feasibility study, renovation, and purchasing engineering	6037
and architectural services, designs, plans, specifications,	6038
surveys, and estimates of costs for Cooper Stadium. Any amount	6039
expended for that purpose from the appropriation shall count	6040
toward the maximum 15 per cent of the construction cost of the	6041
sports facility to be paid from state funds.	6042

Reappropriations

Section 3.03.  OHS OHIO HISTORICAL SOCIETY

6043

Reappropriations

Section 3.04.  DNR DEPARTMENT OF NATURAL RESOURCES

6047

LOCAL PARKS PROJECTS

6063

From the foregoing appropriation item CAP-942, Local Parks	6064
Projects, $75,000 shall be granted for the Liberty Township	6065
Playground.	6066

Section 3.05.  No expenditures shall be made from any of the	6067
items appropriated from the General Revenue Fund in Sections 3.01	6068
to 3.04 of this act until the funds are released by the	6069
Controlling Board.	6070

Section 4.  All items set forth in this section are hereby	6071
appropriated out of any moneys in the state treasury to the credit	6072
of the Wildlife Fund (Fund 015) that are not otherwise	6073
appropriated:	6074

Reappropriations

DNR DEPARTMENT OF NATURAL RESOURCES

6075

Section 5.  The items set forth in this section are hereby	6096
appropriated out of any moneys in the state treasury to the credit	6097
of the Public School Building Fund (Fund 021) that are not	6098
otherwise appropriated:	6099

Reappropriations

SFC SCHOOL FACILITIES COMMISSION

6100

PUBLIC SCHOOL BUILDINGS

6106

The amount reappropriated for the foregoing appropriation	6107
item CAP-622, Public School Buildings, is $349,622 plus the sum of	6108
the unencumbered and unallotted balances as of June 30, 2004, for	6109
appropriation item CAP-622, Public School Buildings.	6110

Section 6. The items set forth in this section are hereby	6111
appropriated out of any moneys in the state treasury to the credit	6112
of the Highway Safety Fund (Fund 036) that are not otherwise	6113
appropriated:	6114

Reappropriations

DHS DEPARTMENT OF PUBLIC SAFETY

6115

Section 7.  All items set forth in this section are hereby	6126
appropriated out of any moneys in the state treasury to the credit	6127
of the Waterways Safety Fund (Fund 086) that are not otherwise	6128
appropriated:	6129

Reappropriations

DNR DEPARTMENT OF NATURAL RESOURCES

6130

Section 8.  All items set forth in this section are hereby	6143
appropriated out of any moneys in the state treasury to the credit	6144
of the Underground Parking Garage Operating Fund (Fund 208) that	6145
are not otherwise appropriated:	6146

Reappropriations

CSR CAPITOL SQUARE REVIEW AND ADVISORY BOARD

6147

UNDERGROUND PARKING GARAGE FIRE SUPPRESSION SYSTEM

6155

Appropriation item CAP-009, Garage Fire Suppression System,	6156
in the Underground Parking Garage Operating Fund (Fund 208), shall	6157
be used for completion of the second and final phase of a fire	6158
suppression system in the Statehouse garage. Notwithstanding any	6159
section of the Revised Code, any transfer or disbursement of	6160
moneys from appropriation items CAP-009, Garage Fire Suppression,	6161
and CAP-011, Statehouse Security Improvements, for this purpose	6162
shall be subject to Controlling Board approval.	6163

Section 9.  All items set forth in this section are hereby	6164
appropriated out of any moneys in the state treasury to the credit	6165
of the Army National Guard Service Contract Fund (Fund 342) that	6166
are not otherwise appropriated:	6167

Reappropriations

ADJ ADJUTANT GENERAL

6168

Section 10. All items set forth in this section are hereby	6173
appropriated out of any moneys in the state treasury to the credit	6174
of the Special Administrative Fund (Fund 4A9) that are not	6175
otherwise appropriated:	6176

Reappropriations

JFS DEPARTMENT OF JOB AND FAMILY SERVICES

6177

CENTRAL OFFICE BUILDING RENOVATIONS SPENDING AND REPAYMENT	6181
PLAN	6182

Funds appropriated in the foregoing appropriation item	6183
CAP-702, Central Office Building Renovations, are to be released	6184
for expenditure only after approval of the Unemployment	6185
Compensation Advisory Council created under section 4141.08 of the	6186
Revised Code. The amount to be released shall be based on a	6187
spending plan, which may include a repayment schedule, approved by	6188
the Council. Once approval is received, the Director of Job and	6189
Family Services shall request the Director of Budget and	6190
Management or the Controlling Board to release the appropriation.	6191

Section 11.  All items set forth in this section are hereby	6192
appropriated out of any moneys in the state treasury to the credit	6193
of the Capital Donations Fund (Fund 5A1) that are not otherwise	6194
appropriated:	6195

Reappropriations

AFC ARTS AND SPORTS FACILITIES COMMISSION

6196

CAPITAL DONATIONS FUND CERTIFICATIONS AND APPROPRIATIONS

6200

The Executive Director of the Arts and Sports Facilities	6201
Commission shall certify to the Director of Budget and Management	6202
the amount of cash receipts and related investment income,	6203
irrevocable letters of credit from a bank, or certification of the	6204
availability of funds that have been received from a county or a	6205
city for deposit to the Capital Donations Fund and are related to	6206
an anticipated project. These amounts are hereby appropriated to	6207
appropriation item CAP-702, Capital Donations. Prior to certifying	6208
these amounts to the Director, the Executive Director shall make a	6209
written agreement with the participating entity on the necessary	6210
cash flows required for the anticipated construction or equipment	6211
acquisition project.	6212

Section 12. The items set forth in this section are hereby	6213
appropriated out of any moneys in the state treasury to the credit	6214
of the Community Match Armories Fund (Fund 5U8) that are not	6215
otherwise appropriated:	6216

ADJUTANT GENERAL

6217

Section 13. The items set forth in this section are hereby	6222
appropriated out of any moneys in the state treasury to the credit	6223
of the State Fire Marshal Fund (Fund 546) that are not otherwise	6224
appropriated:	6225

DEPARTMENT OF COMMERCE

6226

Section 14.  The items set forth in this section are hereby	6232
appropriated out of any moneys in the state treasury to the credit	6233
of the Veterans' Home Improvement Fund (Fund 604) that are not	6234
otherwise appropriated:	6235

Reappropriations

OVH OHIO VETERANS' HOME

6236

Section 15. All items set forth in this section are hereby	6249
appropriated out of any moneys in the state treasury to the credit	6250
of the Education Facilities Trust Fund (Fund N87) that are not	6251
otherwise appropriated:	6252

Reappropriations

SFC SCHOOL FACILITIES COMMISSION

6253

CLASSROOM FACILITIES ASSISTANCE PROJECTS

6258

The amount reappropriated for the foregoing appropriation	6259
item CAP-780, Classroom Facilities Assistance Program, is $768,711	6260
plus the sum of the unencumbered and unallotted balances as of	6261
June 30, 2004, for appropriation item CAP-780, Classroom	6262
Facilities Assistance Program.	6263

EXCEPTIONAL NEEDS PROGRAM

6264

The amount reappropriated for the foregoing appropriation	6265
item CAP-784, Exceptional Needs Program, is $761,146 plus the sum	6266
of the unencumbered and unallotted balances as of June 30, 2004,	6267
for appropriation item CAP-784, Exceptional Needs Program.	6268

Section 16. All items set forth in this section are hereby	6269
appropriated out of any moneys in the state treasury to the credit	6270
of the Clean Ohio Revitalization Fund (Fund 003) that are not	6271
otherwise appropriated:	6272

Reappropriations

DEV DEPARTMENT OF DEVELOPMENT

6273

Section 17.  All items set forth in this section are hereby	6279
appropriated out of any moneys in the state treasury to the credit	6280
of the Highway Safety Building Fund (Fund 025) that are not	6281
otherwise appropriated:	6282

Reappropriations

DHS DEPARTMENT OF PUBLIC SAFETY

6283

Section 18.  All items set forth in Sections 18.01 to 18.16	6293
of this act are hereby appropriated out of any moneys in the state	6294
treasury to the credit of the Administrative Building Fund (Fund	6295
026) that are not otherwise appropriated:	6296

Reappropriations

Section 18.01.  ADJ ADJUTANT GENERAL

6297

NEW ARMORY CONSTRUCTION

6320

The foregoing appropriation item CAP-059, Construct Bowling	6321
Green Armory, shall be used to fund the state's share of the cost	6322
of building a basic armory in the Bowling Green area, including	6323
the cost of site acquisition, site preparation, and planning and	6324
design. Appropriations shall not be released for this item without	6325
a certification by the Adjutant General to the Director of Budget	6326
and Management that sufficient moneys have been allocated for the	6327
federal share of the cost of construction.	6328

Reappropriations

Section 18.02.  DAS DEPARTMENT OF ADMINISTRATIVE SERVICES

6329

HAZARDOUS SUBSTANCE ABATEMENT IN STATE FACILITIES

6353

The foregoing appropriation item CAP-809, Hazardous Substance	6354
Abatement, shall be used to fund the removal of asbestos, PCB,	6355
radon gas, and other contamination hazards from state facilities.	6356

Prior to the release of funds for asbestos abatement, the	6357
Department of Administrative Services shall review proposals from	6358
state agencies to use these funds for asbestos abatement projects	6359
based on criteria developed by the Department of Administrative	6360
Services. Upon a determination by the Department of Administrative	6361
Services that the requesting agency cannot fund the asbestos	6362
abatement project or other toxic materials removal through	6363
existing capital and operating appropriations, the department may	6364
request the release of funds for such projects by the Controlling	6365
Board. State agencies intending to fund asbestos abatement or	6366
other toxic materials removal through existing capital and	6367
operating appropriations shall notify the Director of	6368
Administrative Services of the nature and scope prior to	6369
commencing the project.	6370

Only agencies that have received appropriations for capital	6371
projects from the Administrative Building Fund (Fund 026) are	6372
eligible to receive funding from this item. Public school	6373
districts are not eligible.	6374

IMPLEMENTATION OF AMERICANS WITH DISABILITIES ACT

6375

The foregoing appropriation item CAP-822, Americans with	6376
Disabilities Act, shall be used to renovate state-owned facilities	6377
to provide access for physically disabled persons in accordance	6378
with Title II of the Americans with Disabilities Act.	6379

Prior to the release of funds for renovation, state agencies	6380
shall perform self-evaluations of state-owned facilities	6381
identifying barriers to access to service. State agencies shall	6382
prioritize access barriers and develop a transition plan for the	6383
removal of these barriers. The Department of Administrative	6384
Services shall review proposals from state agencies to use these	6385
funds for Americans with Disabilities Act renovations.	6386

Only agencies that have received appropriations for capital	6387
projects from the Administrative Building Fund (Fund 026) are	6388
eligible to receive funding from this item. Public school	6389
districts are not eligible.	6390

MARCS STEERING COMMITTEE AND STATEWIDE COMMUNICATIONS SYSTEM

6391

There is hereby continued a Multi-Agency Radio Communications	6392
System (MARCS) Steering Committee consisting of the designees of	6393
the Directors of Administrative Services, Public Safety, Natural	6394
Resources, Transportation, Rehabilitation and Correction, and	6395
Budget and Management. The Director of Administrative Services or	6396
the director's designee shall chair the committee. The committee	6397
shall provide assistance to the Director of Administrative	6398
Services for effective and efficient implementation of the MARCS	6399
system as well as develop policies for the ongoing management of	6400
the system. Upon dates prescribed by the Directors of	6401
Administrative Services and Budget and Management, the MARCS	6402
Steering Committee shall report to the directors on the progress	6403
of MARCS implementation and the development of policies related to	6404
the system.	6405

The foregoing appropriation item CAP-827, Statewide	6406
Communications System, shall be used to purchase or construct the	6407
components of MARCS that are not specific to any one agency. The	6408
equipment may include, but is not limited to, multi-agency	6409
equipment at the Emergency Operations Center/Joint Dispatch	6410
Facility, computer and telecommunication equipment used for the	6411
functioning and integration of the system, communications towers,	6412
tower sites, tower equipment, and linkages among towers and	6413
between towers and the State of Ohio Network for Integrated	6414
Communication (SONIC) system. The Director of Administrative	6415
Services shall, with the concurrence of the MARCS Steering	6416
Committee, determine the specific use of funds.	6417

Spending from this appropriation item shall not be subject to	6418
Chapters 123. and 153. of the Revised Code.	6419

ENERGY CONSERVATION PROJECTS

6420

The foregoing appropriation item CAP-835, Energy Conservation	6421
Projects, shall be used to perform energy conservation	6422
renovations, including the United States Environmental Protection	6423
Agency's Energy Star Program, in state-owned facilities. Prior to	6424
the release of funds for renovation, state agencies shall have	6425
performed a comprehensive energy audit for each project. The	6426
Department of Administrative Services shall review and approve	6427
proposals from state agencies to use these funds for energy	6428
conservation. Public school districts and state-supported and	6429
state-assisted institutions of higher education are not eligible	6430
for funding from this item.	6431

Reappropriations

Section 18.03.  AGE DEPARTMENT OF AGING

6432

Reappropriations

Section 18.04.  AGR DEPARTMENT OF AGRICULTURE

6436

Reappropriations

Section 18.05.  AGO ATTORNEY GENERAL

6446

Reappropriations

Section 18.06. CSR CAPITOL SQUARE REVIEW AND ADVISORY BOARD

6451

Reappropriations

Section 18.07.  COM DEPARTMENT OF COMMERCE

6457

Reappropriations

Section 18.08.  EXP EXPOSITIONS COMMISSION

6461

Reappropriations

Section 18.09. DEPARTMENT OF HEALTH

6477

Reappropriations

Section 18.10.  JSC JUDICIARY/SUPREME COURT

6481

EXEMPT FROM PER CENT FOR ARTS PROGRAM

6484

The foregoing appropriation item CAP-001, Ohio Courts	6485
Building Renovations, is exempt from section 3379.10 of the	6486
Revised Code, the Per Cent for Arts Program.	6487

OHIO COURTS BUILDING

6488

The amount reappropriated for the foregoing appropriation	6489
item CAP-001, Ohio Courts Building Renovations, shall be the sum	6490
of the unencumbered and unallotted balances as of June 30, 2004,	6491
in appropriation item CAP-001, Ohio Courts Building Renovations,	6492
plus the amount refunded to the Judiciary/Supreme Court for	6493
deposit into the Administrative Building Fund (Fund 026) in	6494
accordance with Section 92 of Am. Sub. H.B. 850 of the 122nd	6495
General Assembly. This amount shall be certified to the Director	6496
of Budget and Management.	6497

Reappropriations

Section 18.11.  DNR DEPARTMENT OF NATURAL RESOURCES

6498

Reappropriations

Section 18.12.  DHS DEPARTMENT OF PUBLIC SAFETY

6507

Reappropriations

Section 18.13.  OSB SCHOOL FOR THE BLIND

6515

ROOF IMPROVEMENT SCHOOL AND COTTAGE

6524

The amount reappropriated for appropriation item CAP-745,	6525
Roof Improvements on the School and Cottage, is $49,011 plus the	6526
unencumbered and unallotted balances as of June 30, 2004, in	6527
appropriation item CAP-745, Roof Improvements on the School and	6528
Cottage.	6529

RESIDENTIAL RENOVATIONS

6530

The amount reappropriated for appropriation item CAP-780,	6531
Residential Renovations is $10,537 plus the unencumbered and	6532
unallotted balances as of June 30, 2004 in appropriation items	6533
CAP-780 Residential Renovations and CAP-752 Equipment Storage	6534
Building.	6535

Reappropriations

Section 18.14. OSD SCHOOL FOR THE DEAF

6536

DORMITORY RENOVATIONS

6542

The amount reappropriated for the foregoing appropriation	6543
item CAP-776, Dormitory Renovations, is $23,225 plus the	6544
unencumbered and unallotted balances as of June 30, 2004, in	6545
appropriation items CAP-776, Dormitory Renovations, and CAP-785,	6546
Site Improvements.	6547

Reappropriations

Section 18.15.  OVH OHIO VETERANS' HOME

6548

Section 18.16. SOS SECRETARY OF STATE

6552

VOTING MACHINES

6556

The foregoing appropriation item CAP-002, Voting Machines,	6557
shall be used to purchase upgraded voting equipment. Appropriation	6558
item CAP-002, Voting Machines, shall match federal funds provided	6559
through the Help America Vote Act of 2002.	6560

Section 19.  All items set forth in this section are hereby	6561
appropriated out of any moneys in the state treasury to the credit	6562
of the Adult Correctional Building Fund (Fund 027) that are not	6563
otherwise appropriated:	6564

Reappropriations

DRC DEPARTMENT OF REHABILITATION AND CORRECTION

6565

STATEWIDE AND CENTRAL OFFICE PROJECTS

6566

GENERAL BUILDING RENOVATIONS

6601

The amount reappropriated for the foregoing appropriation	6602
item CAP-111, General Building Renovations, is the unencumbered	6603
and unallotted balance as of June 30, 2004, in appropriation item	6604
CAP-111, General Building Renovations, plus $1,170,818.	6605

ALLEN CORRECTIONAL INSTITUTION

6606

BELMONT CORRECTIONAL INSTITUTION

6609

CHILLICOTHE CORRECTIONAL INSTITUTION

6613

CORRECTIONAL RECEPTION CENTER

6632

CORRECTIONS MEDICAL CENTER

6635

CORRECTIONS TRAINING ACADEMY

6638

DAYTON CORRECTIONAL INSTITUTION

6644

FRANKLIN PRE-RELEASE CENTER

6649

GRAFTON CORRECTIONAL INSTITUTION

6652

HOCKING CORRECTIONAL FACILITY

6655

LAKE ERIE CORRECTIONAL INSTITUTION

6660

LEBANON CORRECTIONAL INSTITUTION

6663

LONDON CORRECTIONAL INSTITUTION

6675

LORAIN CORRECTIONAL INSTITUTION

6686

MADISON CORRECTIONAL INSTITUTION

6689

MANSFIELD CORRECTIONAL INSTITUTION

6697

MARION CORRECTIONAL INSTITUTION

6704

NORTH COAST CORRECTIONAL TREATMENT FACILITY

6717

NORTHEAST PRE-RELEASE CENTER

6720

OAKWOOD CORRECTIONAL FACILITY

6723

OHIO REFORMATORY FOR WOMEN

6727

OHIO STATE PENITENTIARY

6747

PICKAWAY CORRECTIONAL INSTITUTION

6751

RICHLAND CORRECTIONAL INSTITUTION

6770

ROSS CORRECTIONAL INSTITUTION

6774

SOUTHEASTERN CORRECTIONAL INSTITUTION

6780

SOUTHERN OHIO CORRECTIONAL FACILITY

6792

TOLEDO CORRECTIONAL INSTITUTION

6802

TRUMBULL CORRECTIONAL INSTITUTION

6805

WARREN CORRECTIONAL INSTITUTION

6809

Section 19.01. LOCAL JAILS

6816

From the foregoing appropriation item, CAP-002, Local Jails,	6817
the Department of Rehabilitation and Correction shall designate	6818
the projects involving the construction and renovation of county,	6819
multicounty, municipal-county, and multicounty-municipal jail	6820
facilities and workhouses, including correctional centers	6821
authorized under sections 153.61 and 307.93 of the Revised Code,	6822
for which the Ohio Building Authority is authorized to issue	6823
obligations. Notwithstanding any provisions to the contrary in	6824
Chapter 152. or 153. of the Revised Code, the Department of	6825
Rehabilitation and Correction may coordinate, review, and monitor	6826
the drawdown and use of funds for the renovation or construction	6827
of projects for which designated funds are provided.	6828

The funding authorized under this section shall not be	6829
applied to any such facilities that are not designated by the	6830
Department of Rehabilitation and Correction. The amount of funding	6831
authorized under this section that may be applied to a project	6832
designated for initial funding after July 1, 2000, involving the	6833
construction or renovation of a county, multicounty,	6834
municipal-county, and multicounty-municipal jail facilities and	6835
workhouses, including correctional centers authorized under	6836
sections 153.61 and 307.93 of the Revised Code, shall not exceed	6837
$35,000 per bed of the total allowable cost of the project in the	6838
case of construction of county and municipal-county jail	6839
facilities, workhouses, and correctional centers, or multicounty	6840
or multicounty-municipal jail facilities, workhouses, and	6841
correctional centers and shall not exceed 30 per cent of the total	6842
allowable cost of the project in the case of renovation of county,	6843
multicounty, municipal-county, and multicounty-municipal jail	6844
facilities, workhouses, and correctional centers. If a political	6845
subdivision is in the planning phase of constructing a multicounty	6846
or multicounty-municipal jail facility, workhouse, or correctional	6847
center on or before the effective date of this section, the	6848
Department of Rehabilitation and Correction shall fund that	6849
facility at $42,000 per bed. Multicounty or multicounty-municipal	6850
jail facility construction projects initiated after the effective	6851
date of this section may be considered for, but are not entitled	6852
to be awarded, funding at $42,000 per bed. The higher per bed	6853
award is at the discretion of the Department of Rehabilitation and	6854
Correction and is contingent upon available funds, the impact of	6855
the project, and inclusion of at least three counties in the	6856
project.	6857

The cost-per-bed funding authorized under this section that	6858
may be applied to a construction project shall not exceed the	6859
actual cost-per-bed of the project. The 30 per cent funding	6860
authorized under this section that may be applied to a renovation	6861
project shall not exceed $35,000 per bed of the total allowable	6862
cost of the project.	6863

The funding authorized under this section shall not be	6864
applied to any project involving the construction of a county,	6865
multicounty, municipal-county, or multicounty-municipal jail	6866
facility or workhouse, including a correctional center established	6867
under sections 153.61 and 307.93 of the Revised Code, unless the	6868
facility, workhouse, or correctional center will be built in	6869
compliance with "The Minimum Standards for Jails in Ohio" and the	6870
plans have been approved under section 5120.10 of the Revised	6871
Code. In addition, the funding authorized under this section shall	6872
not be applied to any project involving the renovation of a	6873
county, multicounty, municipal-county, or multicounty-municipal	6874
jail facility or workhouse, including a correctional center	6875
established under sections 153.61 and 307.93 of the Revised Code,	6876
unless the renovation is for the purpose of bringing the facility,	6877
workhouse, or correctional center into compliance with "The	6878
Minimum Standards for Jails in Ohio" and the plans have been	6879
approved under section 5120.10 of the Revised Code.	6880

Section 19.02. COMMUNITY-BASED CORRECTIONAL FACILITIES

6881

The Department of Rehabilitation and Correction may designate	6882
to the Ohio Building Authority the sites of, and, notwithstanding	6883
any provisions to the contrary in Chapter 152. or 153. of the	6884
Revised Code, may review the renovation or construction of the	6885
single county and district community-based correctional facilities	6886
funded by the foregoing appropriation item CAP-003,	6887
Community-Based Correctional Facilities.	6888

Section 19.03. COMMUNITY RESIDENTIAL PROGRAM RENOVATIONS

6889

The foregoing appropriation item CAP-041, Community	6890
Residential Program, may be used by the Department of	6891
Rehabilitation and Correction, under sections 5120.103, 5120.104,	6892
and 5120.105 of the Revised Code, to provide for the construction	6893
or renovation of halfway house facilities for offenders eligible	6894
for community supervision by the Department of Rehabilitation and	6895
Correction.	6896

Section 20.  All items set forth in this section are hereby	6897
appropriated out of any moneys in the state treasury to the credit	6898
of the Juvenile Correctional Building Fund (Fund 028) that are not	6899
otherwise appropriated:	6900

Reappropriations

DYS DEPARTMENT OF YOUTH SERVICES

6901

Section 20.01. GENERAL INSTITUTIONAL RENOVATIONS

6916

The amount reappropriated for the foregoing appropriation	6917
item CAP-803, General Institutional Renovations, is the	6918
unencumbered and unallotted balance as of June 30, 2004, in	6919
appropriation item CAP-803, General Institutional Renovations,	6920
plus $788,000.	6921

Section 20.02.  COMMUNITY REHABILITATION CENTERS

6922

From the foregoing appropriation item CAP-812, Community	6923
Rehabilitation Centers, the Department of Youth Services shall	6924
designate the projects involving the construction and renovation	6925
of single county and multicounty community corrections facilities	6926
for which the Ohio Building Authority is authorized to issue	6927
obligations.	6928

The Department of Youth Services is authorized to review and	6929
approve the renovation and construction of projects for which	6930
funds are provided. The proceeds of any obligations authorized	6931
under this section shall not be applied to any such facilities	6932
that are not designated and approved by the Department of Youth	6933
Services.	6934

The Department of Youth Services shall adopt guidelines to	6935
accept and review applications and designate projects. The	6936
guidelines shall require the county or counties to justify the	6937
need for the facility and to comply with timelines for the	6938
submission of documentation pertaining to the site, program, and	6939
construction.	6940

For purposes of this section, "community corrections	6941
facilities" has the same meaning as in section 5139.36 of the	6942
Revised Code.	6943

Section 20.03. LOCAL JUVENILE DETENTION CENTERS

6944

From the foregoing appropriation item CAP-829, Local Juvenile	6945
Detention Centers, the Department of Youth Services shall	6946
designate the projects involving the construction and renovation	6947
of county and multicounty juvenile detention centers for which the	6948
Ohio Building Authority is authorized to issue obligations.	6949

The Department of Youth Services is authorized to review and	6950
approve the renovation and construction of projects for which	6951
funds are provided. The proceeds of any obligations authorized	6952
under this section shall not be applied to any such facilities	6953
that are not designated by the Department of Youth Services.	6954

The Department of Youth Services shall comply with the	6955
guidelines set forth in this section, accept and review	6956
applications, designate projects, and determine the amount of	6957
state match funding to be applied to each project. The department	6958
shall, with the advice of the county or counties participating in	6959
a project, determine the funded design capacity of the detention	6960
centers that are designated to receive funding. Notwithstanding	6961
any provisions to the contrary contained in Chapter 152. or 153.	6962
of the Revised Code, the Department of Youth Services may	6963
coordinate, review, and monitor the drawdown and use of funds for	6964
the renovation and construction of projects for which designated	6965
funds are provided.	6966

(A) The Department of Youth Services shall develop a weighted	6967
numerical formula to determine the amount, if any, of state match	6968
that may be provided to a single or multicounty detention center	6969
project. The formula shall include the factors specified below in	6970
division (A)(1) of this section and may include the factors	6971
specified below in division (A)(2) of this section. The weight	6972
assigned to the factors specified in division (A)(1) of this	6973
section shall be not less than twice the weight assigned to	6974
factors specified in division (A)(2) of this section.	6975

(1)(a) The number of detention center beds needed in the	6976
county or group of counties, as estimated by the Department of	6977
Youth Services, is significantly more than the number of beds	6978
currently available;	6979

(b) Any existing detention center in the county or group of	6980
counties does not meet health, safety, or security standards for	6981
detention centers as established by the Department of Youth	6982
Services;	6983

(c) The Department of Youth Services projects that the county	6984
or group of counties have a need for a sufficient number of	6985
detention beds to make the project economically viable.	6986

(2)(a) The percentage of children in the county or group of	6987
counties living below the poverty level is above the state	6988
average;	6989

(b) The per capita income in the county or group of counties	6990
is below the state average.	6991

(B) The formula developed by the Department of Youth Services	6992
shall yield a percentage of state match ranging from 0 to 60 per	6993
cent based on the above factors. Notwithstanding the foregoing	6994
provisions, if a single county or multicounty system currently has	6995
no detention center beds, or if the projected need for detention	6996
center beds as estimated by the Department of Youth Services is	6997
greater than 120 per cent of current detention center bed	6998
capacity, then the percentage of state match shall be 60 per cent.	6999
To determine the dollar amount of the state match for new	7000
construction projects, the percentage of state match is multiplied	7001
by $125,000 per bed for detention centers with a designated	7002
capacity of 99 beds or less, and by $130,000 per bed for detention	7003
centers with a design capacity of 100 beds or more. To determine	7004
the dollar amount of the state match for renovation projects the	7005
percentage match shall be multiplied by the actual cost of the	7006
renovation, provided that the cost of the renovation does not	7007
exceed $100,000 per bed. The funding authorized under this section	7008
that may be applied to a construction or renovation project shall	7009
not exceed the actual cost of the project.	7010

The funding authorized under this section shall not be	7011
applied to any project unless the detention center will be built	7012
in compliance with health, safety, and security standards for	7013
detention centers as established by the Department of Youth	7014
Services. In addition, the funding authorized under this section	7015
shall not be applied to the renovation of a detention center	7016
unless the renovation is for the purpose of increasing the number	7017
of beds in the center, or to meet health, safety, or security	7018
standards for detention centers as established by the Department	7019
of Youth Services.	7020

Section 21. All items set forth in this section are hereby	7021
appropriated out of any moneys in the state treasury to the credit	7022
of the Transportation Building Fund (Fund 029) that are not	7023
otherwise appropriated:	7024

Reappropriations

DOT DEPARTMENT OF TRANSPORTATION

7025

Section 22. All items set forth in this section are hereby	7030
appropriated out of any moneys in the state treasury to the credit	7031
of the Arts and Sports Facilities Building Fund (Fund 030) that	7032
are not otherwise appropriated:	7033

Reappropriations

AFC ARTS AND SPORTS FACILITIES COMMISSION

7034

COSI COLUMBUS - LOCAL ADMINISTRATION OF CAPITAL PROJECT	7102
CONTRACTS	7103

Notwithstanding division (A) of section 3383.07 of the	7104
Revised Code, the Ohio Arts and Sports Facilities Commission, with	7105
respect to the foregoing appropriation item CAP-005, Center of	7106
Science and Industry - Columbus, may administer all or part of	7107
capital facilities project contracts involving exhibit fabrication	7108
and installation as determined by the Department of Administrative	7109
Services, the Center of Science and Industry - Columbus, and the	7110
Ohio Arts and Sports Facilities Commission in review of the	7111
project plans. The Ohio Arts and Sports Facilities Commission	7112
shall enter into a contract with the Center of Science and	7113
Industry - Columbus to administer the exhibit fabrication and	7114
installation contracts and such contracts are not subject to	7115
Chapter 123. or 153. of the Revised Code.	7116

SPORTS FACILITIES IMPROVEMENTS - AKRON

7117

The amount reappropriated to the Arts and Sports Facilities	7118
Building Fund (Fund 030), CAP-024, Sports Facilities Improvements	7119
- Akron, is the unallotted and unencumbered balance in the Sports	7120
Facilities Building Fund (Fund 024), CAP-024, Sports Facilities	7121
Improvements - Akron.	7122

REDS HALL OF FAME

7123

The amount reappropriated to the Arts and Sports Facilities	7124
Building Fund (Fund 030), CAP-025, Reds Hall of Fame, is the	7125
unallotted and unencumbered balance in the Sports Facilities	7126
Building Fund (Fund 024), CAP-025, Reds Hall of Fame.	7127

MARINA DISTRICT/ICE ARENA DEVELOPMENT

7128

The amount reappropriated to the Arts and Sports Facilities	7129
Building Fund (Fund 030), CAP-843, Marina District/Ice Arena	7130
Development, is the unallotted and unencumbered balance in the	7131
Sports Facilities Building Fund (Fund 024), CAP-073, Marina	7132
District/Ice Arena Development.	7133

Section 22.01.  The Ohio Building Authority is hereby	7134
authorized to issue and sell, in accordance with Section 2i of	7135
Article VIII, Ohio Constitution, and Chapter 152. and other	7136
applicable sections of the Revised Code, original obligations in	7137
an aggregate principal amount not to exceed $1,000,000 in addition	7138
to the original issuance of obligations heretofore authorized by	7139
prior acts of the General Assembly. The authorized obligations	7140
shall be issued, subject to applicable constitutional and	7141
statutory limitations, to pay costs of capital facilities as	7142
defined in division (A)(5) of section 152.09 of the Revised Code,	7143
including construction as defined in division (H) of section	7144
3383.01 of the Revised Code, of the Ohio arts facilities	7145
designated in Section 15.01 of H.B. 675 of the 124th General	7146
Assembly.	7147

Section 23.  All items set forth in this section are hereby	7148
appropriated out of any moneys in the state treasury to the credit	7149
of the Ohio Parks and Natural Resources Fund (Fund 031) that are	7150
not otherwise appropriated:	7151

Reappropriations

DNR DEPARTMENT OF NATURAL RESOURCES

7152

STATEWIDE AND LOCAL PROJECTS

7153

DIVISION OF CIVILIAN CONSERVATION

7180

DIVISION OF FORESTRY

7185

DIVISION OF MINERAL RESOURCES MANAGEMENT

7194

DIVISION OF NATURAL AREAS AND PRESERVES

7197

DIVISION OF PARKS AND RECREATION

7203

DIVISION OF SOIL AND WATER CONSERVATION

7241

DIVISION OF WATER

7244

Section 23.01. LAND ACQUISITION

7255

Of the foregoing appropriation item CAP-012, Land	7256
Acquisition, $300,000 shall be used by the City of Mentor to	7257
purchase property for the Mentor Marsh.	7258

MIAMI AND ERIE CANAL IMPROVEMENTS

7259

Of the foregoing appropriation item CAP-705, Rehabilitate	7260
Canals, Hydraulic Works, and Support Facilities, at least	7261
$1,250,000 shall be used for Miami and Erie Canal improvements.	7262

LOCAL PARKS PROJECTS - STATEWIDE

7263

The amount reappropriated for the foregoing appropriation	7264
item CAP-748, Local Parks Projects - Statewide, is $840,879 plus	7265
the unencumbered and unallotted balance as of June 30, 2004, in	7266
item CAP-748, Local Parks Projects - Statewide. The $840,879	7267
represents amounts that were previously appropriated, allocated to	7268
counties pursuant to division (D) of section 1557.06 of the	7269
Revised Code, and encumbered for local project grants. The	7270
encumbrances for these local projects in the various counties	7271
shall be canceled by the Director of Natural Resources or the	7272
Director of Budget and Management. The Director of Natural	7273
Resources shall allocate the $840,879 to the same counties the	7274
moneys were originally allocated to, in the amount of the canceled	7275
encumbrances.	7276

DAM REHABILITATION

7277

Of the foregoing appropriation item CAP-881, Dam	7278
Rehabilitation, up to $5,000,000 shall be used to rehabilitate the	7279
Muskingum River Locks and Dams.	7280

Section 23.02.  For the projects appropriated in Section 24	7281
of this act, the Ohio Department of Natural Resources shall	7282
periodically prepare and submit to the Director of Budget and	7283
Management the estimated design, planning, and engineering costs	7284
of capital-related work to be done by the Department of Natural	7285
Resources for each project. Based on the estimates, the Director	7286
of Budget and Management may release appropriations from the	7287
foregoing appropriation item CAP-753, Project Planning, to pay for	7288
design, planning, and engineering costs incurred by the Department	7289
of Natural Resources for such projects. Upon release of the	7290
appropriations by the Director of Budget and Management, the	7291
Department of Natural Resources shall pay for these expenses from	7292
Fund 4S9, Capital Expenses, and be reimbursed by the Ohio Parks	7293
and Natural Resources Fund (Fund 031) using an intrastate voucher.	7294

Section 24.  All items set forth in this section are hereby	7295
appropriated out of any moneys in the state treasury to the credit	7296
of the School Building Program Assistance Fund (Fund 032) that are	7297
not otherwise appropriated:	7298

Reappropriations

SFC SCHOOL FACILITIES COMMISSION

7299

SCHOOL BUILDING PROGRAM ASSISTANCE

7304

The amount reappropriated for the foregoing appropriation	7305
item CAP-770, School Building Program Assistance, is $6,205,032,	7306
plus the sum of the unencumbered and unallotted balances as of	7307
June 30, 2004, for appropriation item CAP-770, School Building	7308
Program Assistance.	7309

Section 25.  All items set forth in Sections 25.01 to 25.03	7310
of this act are hereby appropriated out of any moneys in the state	7311
treasury to the credit of the Mental Health Facilities Improvement	7312
Fund (Fund 033) that are not otherwise appropriated:	7313

Reappropriations

Section 25.01.  ADA DEPARTMENT OF ALCOHOL AND DRUG ADDICTION	7314
SERVICES	7315

COMMUNITY ASSISTANCE PROJECTS

7321

Of the foregoing appropriation item CAP-002, Community	7322
Assistance Projects, $266,512 shall be used for the Oak House	7323
Women's Residential Treatment Facility.	7324

Reappropriations

Section 25.02.  DMH DEPARTMENT OF MENTAL HEALTH

7325

STATEWIDE AND CENTRAL OFFICE PROJECTS

7326

COMMUNITY ASSISTANCE PROJECTS

7336

Of the foregoing appropriation item CAP-479, Community	7337
Assistance Projects, $250,000 shall be used for the Berea	7338
Children's Home.	7339

PATIENT CARE AND ENVIRONMENT IMPROVEMENTS

7340

The amount reappropriated for appropriation item CAP-977,	7341
Patient Care/Environment Improvement, is the unencumbered and	7342
unallotted balances as of June 30, 2004, in appropriation item	7343
CAP-977, Patient Care/Environment Improvement, plus $371,199.	7344

PATIENT ENVIRONMENT IMPROVEMENT CONSOLIDATION

7345

The amount reappropriated for appropriation item CAP-984,	7346
Patient Environment Improvement/Consolidation, is the unencumbered	7347
and unallotted balance as of June 30, 2004, in appropriation item	7348
CAP-984, Patient Environment Improvement/Consolidation plus	7349
$176,853.	7350

Reappropriations

Section 25.03.  DMR DEPARTMENT OF MENTAL RETARDATION AND	7351
DEVELOPMENTAL DISABILITIES	7352

STATEWIDE PROJECTS

7353

COMMUNITY ASSISTANCE PROJECTS

7362

The foregoing appropriation item CAP-480, Community	7363
Assistance Projects, may be used to provide community assistance	7364
funds for the construction or renovation of facilities for day	7365
programs or residential programs that provide services to persons	7366
eligible for services from the Department of Mental Retardation	7367
and Developmental Disabilities or county boards of mental	7368
retardation and developmental disabilities. Any funds provided to	7369
nonprofit agencies for the construction or renovation of	7370
facilities for persons eligible for services from the Department	7371
of Mental Retardation and Developmental Disabilities and county	7372
boards of mental retardation and developmental disabilities are	7373
subject to the prevailing wage provisions in section 176.05 of the	7374
Revised Code.	7375

Of the foregoing appropriation item CAP-480, Community	7376
Assistance Projects, $150,000 shall be used for the Fostoria Area	7377
Community Childhood and Family Center and $1,000,000 shall be used	7378
for the Bellefaire Jewish Children's Bureau.	7379

STATEWIDE DEVELOPMENTAL CENTERS

7380

APPLE CREEK DEVELOPMENTAL CENTER

7381

CAMBRIDGE DEVELOPMENTAL CENTER

7389

COLUMBUS DEVELOPMENTAL CENTER

7395

GALLIPOLIS DEVELOPMENTAL CENTER

7399

MONTGOMERY DEVELOPMENTAL CENTER

7402

MOUNT VERNON DEVELOPMENTAL CENTER

7405

NORTHWEST OHIO DEVELOPMENTAL CENTER

7412

SOUTHWEST OHIO DEVELOPMENTAL CENTER

7416

SPRINGVIEW DEVELOPMENTAL CENTER

7421

TIFFIN DEVELOPMENTAL CENTER

7425

WARRENSVILLE DEVELOPMENTAL CENTER

7432

Section 25.04. The foregoing appropriations for the	7445
Department of Alcohol and Drug Addiction Services, CAP-002,	7446
Community Assistance Projects; Department of Mental Health,	7447
CAP-479, Community Assistance Projects; and Department of Mental	7448
Retardation and Developmental Disabilities, CAP-480, Community	7449
Assistance Projects, may be used on facilities constructed or to	7450
be constructed pursuant to Chapter 340., 3793., 5119., 5123., or	7451
5126. of the Revised Code or the authority granted by section	7452
154.20 of the Revised Code and the rules adopted pursuant to those	7453
chapters and that section and shall be distributed by the	7454
Department of Alcohol and Drug Addiction Services, the Department	7455
of Mental Health, and the Department of Mental Retardation and	7456
Developmental Disabilities, subject to Controlling Board approval.	7457

Section 25.05.  (A) No capital improvement appropriations	7458
made in Sections 25.01 to 25.03 of this act shall be released for	7459
planning or for improvement, renovation, or construction or	7460
acquisition of capital facilities if a governmental agency, as	7461
defined in section 154.01 of the Revised Code, does not own the	7462
real property that constitutes the capital facilities or on which	7463
the capital facilities are or will be located. This restriction	7464
does not apply in any of the following circumstances:	7465

(1) The governmental agency has a long-term (at least fifteen	7466
years) lease of, or other interest (such as an easement) in, the	7467
real property.	7468

(2) In the case of an appropriation for capital facilities	7469
that, because of their unique nature or location, will be owned or	7470
be part of facilities owned by a separate nonprofit organization	7471
and made available to the governmental agency for its use, the	7472
nonprofit organization either owns or has a long-term (at least	7473
fifteen years) lease of the real property or other capital	7474
facility to be improved, renovated, constructed, or acquired and	7475
has entered into a joint or cooperative use agreement, approved by	7476
the Department of Mental Health, Department of Mental Retardation	7477
and Developmental Disabilities, or Department of Alcohol and Drug	7478
Addiction Services, whichever is applicable, with the governmental	7479
agency for that agency's use of and right to use the capital	7480
facilities to be financed and, if applicable, improved, the value	7481
of such use or right to use being, as determined by the parties,	7482
reasonably related to the amount of the appropriation.	7483

(B) In the case of capital facilities referred to in division	7484
(A)(2) of this section, the joint or cooperative use agreement	7485
shall include, as a minimum, provisions that:	7486

(1) Specify the extent and nature of that joint or	7487
cooperative use, extending for no fewer than fifteen years, with	7488
the value of such use or right to use to be, as determined by the	7489
parties and approved by the applicable department, reasonably	7490
related to the amount of the appropriation;	7491

(2) Provide for pro rata reimbursement to the state should	7492
the arrangement for joint or cooperative use by a governmental	7493
agency be terminated;	7494

(3) Provide that procedures to be followed during the capital	7495
improvement process will comply with appropriate applicable state	7496
statutes and rules, including provisions of this act.	7497

Section 26.  All items set forth in Sections 26.01 to 26.56	7498
of this act are hereby appropriated out of any moneys in the state	7499
treasury to the credit of the Higher Education Improvement Fund	7500
(Fund 034) that are not otherwise appropriated:	7501

Reappropriations

Section 26.01.  OEB OHIO EDUCATIONAL TELECOMMUNICATIONS	7502
NETWORK COMMISSION	7503

EDUCATIONAL TELEVISION AND RADIO EQUIPMENT

7508

The foregoing appropriation item CAP-001, Educational	7509
Television and Radio Equipment, shall be used to provide	7510
broadcasting, transmission, and production equipment to Ohio	7511
public radio and television stations, radio reading services, and	7512
the Ohio Educational Telecommunications Network Commission.	7513

EDUCATIONAL BROADCASTING FIBER OPTIC NETWORK

7514

The foregoing appropriation item CAP-002, Educational	7515
Broadcasting Fiber Optic Network, shall be used to link the Ohio	7516
public radio and television stations, radio reading services, and	7517
the Ohio Educational Broadcasting Network for the reception and	7518
transmission of digital communications through fiber optic cable	7519
or other technology.	7520

Reappropriations

Section 26.02.  BOR BOARD OF REGENTS

7521

Section 26.03.  RESEARCH FACILITY ACTION AND INVESTMENT FUNDS

7533

The foregoing appropriation item CAP-032, Research Facility	7534
Investment Loans/Grants, shall be used for a program of grants to	7535
be administered by the Board of Regents to provide timely	7536
availability of capital facilities for research programs and	7537
research-oriented instructional programs at or involving	7538
state-supported and state-assisted institutions of higher	7539
education.	7540

The Board of Regents shall adopt rules under Chapter 119. of	7541
the Revised Code relative to the application for and approval of	7542
projects funded from appropriation item CAP-032, Research Facility	7543
Investment Loans/Grants. The rules shall be reviewed and approved	7544
by the Legislative Committee on Education Oversight. The Board of	7545
Regents shall inform the President of the Senate and the Speaker	7546
of the House of Representatives of each project application for	7547
funding received. Each project receiving a commitment for funding	7548
by the Board of Regents under the rules shall be reported to the	7549
President of the Senate and the Speaker of the House of	7550
Representatives.	7551

Section 26.04. REPAYMENT OF RESEARCH FACILITY INVESTMENT	7552
LOANS/GRANTS MONEYS	7553

Notwithstanding any provision of law to the contrary, all	7554
repayments of Research Facility Investment Loans/Grants loans	7555
shall be made to the Bond Service Account in the Higher Education	7556
Bond Service Trust Fund.	7557

Institutions of higher education shall make timely repayments	7558
of Research Facility Investment Loans/Grants loans, according to	7559
the schedule established by the Board of Regents. In the case of	7560
late payments, the Board of Regents may deduct from an	7561
institution's periodic subsidy distribution an amount equal to the	7562
amount of the overdue payment for that institution, transfer such	7563
amount to the Bond Service Trust Fund, and credit the appropriate	7564
institution for the repayment.	7565

Section 26.05. CHILD CARE FACILITY - MATCHING GRANTS

7566

The foregoing appropriation item CAP-033, Child Care Facility	7567
- Matching Grants, shall be used by the Board of Regents to make	7568
grants to state-supported or state-assisted institutions of higher	7569
education for projects to expand, construct, renovate space, or	7570
equip child care centers. All grants shall be awarded on a 50 per	7571
cent match basis. In making grant awards, the Board of Regents	7572
shall give priority to:	7573

(A) Projects located at state-supported or state-assisted	7574
institutions without child care facilities;	7575

(B) Projects for which the principal clients are children of	7576
students enrolled at the institution; and	7577

(C) Projects where the facility will be used as a	7578
classroom/training lab for child care/preschool certification	7579
programs.	7580

Section 26.06. TECHNOLOGY INITIATIVES

7581

The foregoing appropriation item CAP-060, Technology	7582
Initiatives, shall be used by the Board of Regents to support	7583
collaborative initiatives to improve the quality and efficiency of	7584
instruction, services, and program offerings at Ohio's	7585
state-assisted colleges and universities.	7586

Section 26.07. THIRD FRONTIER PROJECT

7587

The foregoing appropriation item CAP-068, Third Frontier	7588
Project, shall be used to acquire, renovate, or construct	7589
facilities and purchase equipment for research programs,	7590
technology development, product development, and commercialization	7591
programs at or involving state-supported and state-assisted	7592
institutions of higher education. The funds shall be used to make	7593
grants awarded on a competitive basis, and shall be administered	7594
by the Third Frontier Commission. Expenditure of these funds shall	7595
comply with Section 2n of Article VIII, Ohio Constitution, and	7596
sections 151.01 and 151.04 of the Revised Code for the period	7597
beginning July 1, 2004, and ending June 30, 2006.	7598

The Third Frontier Commission shall develop guidelines	7599
relative to the application for and selection of projects funded	7600
from appropriation item CAP-068, Third Frontier Project. The	7601
commission may develop these guidelines in consultation with other	7602
interested parties. The Board of Regents and all state-assisted	7603
and state-supported institutions of higher education shall take	7604
all actions necessary to implement grants awarded by the Third	7605
Frontier Commission.	7606

The foregoing appropriation item CAP-068, Third Frontier	7607
Project, for which an appropriation is made from the Higher	7608
Education Improvement Fund (Fund 034), is determined to consist of	7609
capital improvements and capital facilities for state-supported	7610
and state-assisted institutions of higher education, and is	7611
designated for the capital facilities to which proceeds of	7612
obligations in the Higher Education Improvement Fund (Fund 034)	7613
are to be applied.	7614

Section 26.08. TECHNOLOGY INCUBATOR FOR MARKET-READY	7615
APPLICATIONS	7616

The amount reappropriated for the foregoing appropriation	7617
item CAP-073, Technology Incubator for Market-Ready Applications,	7618
is the unencumbered and unallotted balance as of June 30, 2004, in	7619
Youngstown State University's appropriation item CAP-128,	7620
Technology Incubator for Market-Ready Applications, and CAP-116,	7621
Technology Incubator for Market-Ready Applications.	7622

Section 26.09. REIMBURSEMENT FOR PROJECT COSTS

7623

Appropriations made in Sections 26.02 to 26.56 of this act	7624
for purposes of the costs of capital facilities for the interim	7625
financing of which the particular institution has previously	7626
issued its own obligations anticipating the possibility of future	7627
state appropriations to pay all or a portion of such costs, as	7628
contemplated in division (B) of section 3345.12 of the Revised	7629
Code, shall be paid directly to the institution or the paying	7630
agent for those outstanding obligations in the full principal	7631
amount of those obligations then to be paid from the anticipated	7632
appropriation, and shall be timely applied to the retirement of a	7633
like principal amount of the institution's obligations.	7634

Appropriations made in Sections 26.02 to 26.56 of this act	7635
for purposes of the costs of capital facilities, all or a portion	7636
of which costs the particular institution has paid from the	7637
institution's moneys that were temporarily available and which	7638
expenditures were reasonably expected at the time of the advance	7639
by the institution and the state to be reimbursed from the	7640
proceeds of obligations issued by the state, shall be directly	7641
paid to the institution in the full amounts of those payments and	7642
shall be timely applied to the reimbursement of those temporarily	7643
available moneys. All reimbursements are subject to review and	7644
approval through the capital release process.	7645

Reappropriations

Section 26.10.  UAK UNIVERSITY OF AKRON

7646

Reappropriations

Section 26.11.  BGU BOWLING GREEN STATE UNIVERSITY

7673

BASIC RENOVATIONS

7698

The amount reappropriated for the foregoing appropriation	7699
item CAP-009, Basic Renovations, is the sum of the unencumbered	7700
and unallotted balances as of June 30, 2004, in appropriation	7701
items CAP-009, Basic Renovations; CAP-066, South Hall Replacement;	7702
and CAP-106, LSC Stairwell/MSC Exterior Steps.	7703

Reappropriations

Section 26.12.  CSU CENTRAL STATE UNIVERSITY

7704

Reappropriations

Section 26.13.  UCN UNIVERSITY OF CINCINNATI

7723

BASIC RENOVATIONS

7809

The amount reappropriated for the foregoing appropriation	7810
item CAP-009, Basic Renovations, is the sum of the unencumbered	7811
and unallotted balance as of June 30, 2004, in appropriation item	7812
CAP-009, Basic Renovations, plus $14,860.	7813

SCIENCE AND ALLIED HEALTH BUILDING - WALTERS

7814

The amount reappropriated for the foregoing appropriation	7815
item CAP-128, Science and Allied Health Building - Walters, is the	7816
sum of the unencumbered and unallotted balance as of June 30,	7817
2004, in appropriation item CAP-128, Science and Allied Health	7818
Building - Walters, plus $81,931.	7819

CLASSROOM/TEACHING LAB RENOVATIONS

7820

The amount reappropriated for the foregoing appropriation	7821
item CAP-174, Classroom/Teaching Lab Renovations, is the sum of	7822
the unencumbered and unallotted balance as of June 30, 2004, in	7823
appropriation item CAP-174, Classroom/Teaching Lab Renovations,	7824
plus $698.	7825

ELEVATOR - CRITICAL BUILDING COMPONENTS

7826

The amount reappropriated for the foregoing appropriation	7827
item CAP-182, Elevator - Critical Building Components, is the sum	7828
of the unencumbered and unallotted balance as of June 30, 2004, in	7829
appropriation item CAP-182, Elevator - Critical Building	7830
Components, plus $45,048.	7831

MSB SMALL GROUP LEARNING SPACES

7832

The amount reappropriated for the foregoing appropriation	7833
item CAP-187, MSB Small Group Learning Spaces, is the sum of the	7834
unencumbered and unallotted balance as of June 30, 2004, in	7835
appropriation item CAP-187, MSB Small Group Learning Spaces, plus	7836
$1,125.	7837

TC/DYER REHABILITATION PHASE 1A

7838

The amount reappropriated for the foregoing appropriation	7839
item CAP-198, TC/DYER Rehabilitation Phase 1A, is the sum of the	7840
unencumbered and unallotted balance as of June 30, 2004, in	7841
appropriation item CAP-198, TC/DYER Rehabilitation Phase 1A, plus	7842
$2,406.	7843

BRAUSTEIN REHABILITATION PHASE 1

7844

The amount reappropriated for the foregoing appropriation	7845
item CAP-200, Braustein Rehabilitation Phase 1, is the sum of the	7846
unencumbered and unallotted balance as of June 30, 2004, in	7847
appropriation item CAP-200, Braustein Rehabilitation Phase 1, plus	7848
$301.	7849

BALDWIN HALL REHABILITATION - PHASE 1

7850

The amount reappropriated for the foregoing appropriation	7851
item CAP-202, Baldwin Hall Rehabilitation - Phase 1, is the sum of	7852
the unencumbered and unallotted balance as of June 30, 2004, in	7853
appropriation item CAP-202, Baldwin Hall Rehabilitation - Phase 1,	7854
plus $8,360.	7855

MEDICAL SCIENCE BUILDING REHABILITATION

7856

The amount reappropriated for the foregoing appropriation	7857
item CAP-205, Medical Science Building Rehabilitation, is the sum	7858
of the unencumbered and unallotted balance as of June 30, 2004, in	7859
appropriation item CAP-205, Medical Science Building	7860
Rehabilitation, plus $274.	7861

ONE STOP SERVICES CENTER

7862

The amount reappropriated for the foregoing appropriation	7863
item CAP-206, One Stop Services Center, is the sum of the	7864
unencumbered and unallotted balance as of June 30, 2004, in	7865
appropriation item CAP-206, One Stop Services Center, plus $1,260.	7866

CREATION OF A P3 FACILITY

7867

The amount reappropriated for the foregoing appropriation	7868
item CAP-218, Creation of a P3 Facility, is the sum of the	7869
unencumbered and unallotted balance as of June 30, 2004, in	7870
appropriation item CAP-218, Creation of a P3 Facility, plus $500.	7871

Reappropriations

Section 26.14.  CLS CLEVELAND STATE UNIVERSITY

7872

BASIC RENOVATIONS

7901

The amount reappropriated for the foregoing appropriation	7902
item CAP-023, Basic Renovations, is the unencumbered and	7903
unallotted balance as of June 30, 2004, in appropriation item	7904
CAP-023, Basic Renovations, plus $9,122.	7905

Reappropriations

Section 26.15.  KSU KENT STATE UNIVERSITY

7906

BOILER PLANT CONTROLS AND BUILDING ALTERATIONS

7982

The amount reappropriated for the foregoing appropriation	7983
item CAP-156, Boiler Plant Controls and Building Alterations, is	7984
the unencumbered and unallotted balance as of June 30, 2004, in	7985
appropriation item CAP-156, Boiler Plant Controls and Building	7986
Alterations, plus $6,738.	7987

ELECTRICAL SUBSTATION/FIBER OPTIC NETWORK

7988

The amount reappropriated for the foregoing appropriation	7989
item CAP-159, Electrical Substation/Fiber Optic Network, is the	7990
unencumbered and unallotted balance as of June 30, 2004, in	7991
appropriation item CAP-159, Electrical Substation/Fiber Optic	7992
Network, plus $6,526.	7993

MIDWAY DRIVE UTILITIES TUNNEL - II

7994

The amount reappropriated for the foregoing appropriation	7995
item CAP-176, Midway Drive Utilities Tunnel - II, is the	7996
unencumbered and unallotted balance as of June 30, 2004, in	7997
appropriation item CAP-176, Midway Drive Utilities Tunnel - II,	7998
plus $1,522.	7999

Reappropriations

Section 26.16.  MUN MIAMI UNIVERSITY

8000

Reappropriations

Section 26.17. OSU OHIO STATE UNIVERSITY

8054

ANIMAL AND PLANT BIOLOGY LEVEL 3

8278

The amount reappropriated for the foregoing appropriation	8279
item CAP-531, Animal and Plant Biology Level 3, shall be	8280
$3,303,062.	8281

Reappropriations

Section 26.18. OHU OHIO UNIVERSITY

8282

BASIC RENOVATIONS

8337

The amount reappropriated for the foregoing appropriation	8338
item CAP-020, Basic Renovations, is the unencumbered and	8339
unallotted balance as of June 30, 2004, in appropriation item	8340
CAP-020, Basic Renovations, plus $42,454.	8341

BASIC RENOVATIONS - LANCASTER

8342

The amount reappropriated for the foregoing appropriation	8343
item CAP-098, Basic Renovations - Lancaster, is the unencumbered	8344
and unallotted balance as of June 30, 2004, in appropriation item	8345
CAP-098, Basic Renovations - Lancaster, plus $441.	8346

BASIC RENOVATIONS - ZANESVILLE

8347

The amount reappropriated for the foregoing appropriation	8348
item CAP-099, Basic Renovations - Zanesville, is the unencumbered	8349
and unallotted balance as of June 30, 2004, in appropriation item	8350
CAP-099, Basic Renovations - Zanesville, plus $1,333.	8351

BENNETT HALL HVAC/LAB - CHILLICOTHE

8352

The amount reappropriated for the foregoing appropriation	8353
item CAP-115, Bennett Hall HVAC/Lab - Chillicothe, is the	8354
unencumbered and unallotted balance as of June 30, 2004, in	8355
appropriation item CAP-115, Bennett Hall HVAC/Lab - Chillicothe,	8356
plus $11,590.	8357

GYMNASIUM DEVELOPMENT - EASTERN

8358

The amount reappropriated for the foregoing appropriation	8359
item CAP-136, Gymnasium Development - Eastern, is the unencumbered	8360
and unallotted balance as of June 30, 2004, in appropriation item	8361
CAP-136, Gymnasium Development - Eastern, plus $305.	8362

COLLEGE OF HEALTH AND HUMAN SERVICES

8363

The amount reappropriated for the foregoing appropriation	8364
item CAP-141, College of Health and Human Services, is the	8365
unencumbered and unallotted balance as of June 30, 2004, in	8366
appropriation item CAP-141, College of Health and Human Services,	8367
plus $7,534.	8368

HEALTH PROFESSIONS LABS - PHASE I

8369

The amount reappropriated for the foregoing appropriation	8370
item CAP-142, Health Professions Labs Phase I, is the unencumbered	8371
and unallotted balance as of June 30, 2004, in appropriation item	8372
CAP-142, Health Professions Labs Phase I, plus $33,308.	8373

GORDY HALL ADDITION AND REHABILITATION

8374

The amount reappropriated for the foregoing appropriation	8375
item CAP-152, Gordy Hall Addition and Rehabilitation, is the	8376
unencumbered and unallotted balance as of June 30, 2004, in	8377
appropriation item CAP-152, Gordy Hall Addition and	8378
Rehabilitation, plus $940.	8379

BRASEE HALL REHABILITATION - LANCASTER

8380

The amount reappropriated for the foregoing appropriation	8381
item CAP-155, Brasee Hall Rehabilitation - Lancaster, is the	8382
unencumbered and unallotted balance as of June 30, 2004, in	8383
appropriation item CAP-155, Brasee Hall Rehabilitation -	8384
Lancaster, plus $13,216.	8385

ELSON HALL REHABILITATION - ZANESVILLE

8386

The amount reappropriated for the foregoing appropriation	8387
item CAP-172, Elson Hall Rehabilitation - Zanesville, is the	8388
unencumbered and unallotted balance as of June 30, 2004, in	8389
appropriation item CAP-172, Elson Hall Rehabilitation -	8390
Zanesville, plus $4,404.	8391

TECHNOLOGY CENTER PLANNING - IRONTON

8392

The amount reappropriated for the foregoing appropriation	8393
item CAP-187, Technology Center Planning - Ironton, is the	8394
unencumbered and unallotted balance as of June 30, 2004, in	8395
appropriation item CAP-187, Technology Center Planning - Ironton,	8396
plus $1,292.	8397

TECHNOLOGY CENTER CONSTRUCTION - IRONTON

8398

The amount reappropriated for the foregoing appropriation	8399
item CAP-188, Technology Center Construction - Ironton, is the	8400
unencumbered and unallotted balance as of June 30, 2004,in	8401
appropriation item CAP-188, Technology Center Construction -	8402
Ironton, plus $5,331.	8403

CENTER FOR PUBLIC POLICY

8404

The amount reappropriated for the foregoing appropriation	8405
item CAP-190, Center for Public Policy, is the unencumbered and	8406
unallotted balance as of June 30, 2004, in appropriation item	8407
CAP-190, Center for Public Policy, plus $23,891.	8408

DISTRICT WATER COOLING

8409

The amount reappropriated for the foregoing appropriation	8410
item CAP-191, District Water Cooling, is the unencumbered and	8411
unallotted balance as of June 30, 2004, in appropriation item	8412
CAP-191, District Water Cooling, plus $17,029.	8413

SUPPLEMENTAL RENOVATIONS

8414

The amount reappropriated for the foregoing appropriation	8415
item CAP-203, Supplemental Renovations, is the unencumbered and	8416
unallotted balance as of June 30, 2004, in appropriation item	8417
CAP-203, Supplemental Renovations, plus $6,621.	8418

HUMAN RESOURCES TRAINING CENTER

8419

The amount reappropriated for the foregoing appropriation	8420
item CAP-206, Human Resources Training Center, is the unencumbered	8421
and unallotted balance as of June 30, 2004, in appropriation item	8422
CAP-206, Human Resources Training Center, plus $1,116.	8423

Reappropriations

Section 26.19. SSC SHAWNEE STATE UNIVERSITY

8424

Reappropriations

Section 26.20. UTO UNIVERSITY OF TOLEDO

8445

Reappropriations

Section 26.21. WSU WRIGHT STATE UNIVERSITY

8474

BASIC RENOVATIONS

8493

The amount reappropriated for the foregoing appropriation	8494
item CAP-015, Basic Renovations, is the unencumbered and	8495
unallotted balance as of June 30, 2004, in appropriation items	8496
CAP-015, Basic Renovations; CAP-094, Campus Services Building; and	8497
CAP-098, Center/Hamilton/Physical Education Chiller, plus $23,400.	8498

BASIC RENOVATIONS - LAKE

8499

The amount reappropriated for the foregoing appropriation	8500
item CAP-064, Basic Renovations - Lake, is the sum of the	8501
unencumbered and unallotted balance as of June 30, 2004, in	8502
appropriation item CAP-064, Basic Renovations - Lake, plus $7,350.	8503

LIBRARY ACCESS CONSOLIDATION SYSTEM

8504

The amount reappropriated for the foregoing appropriation	8505
item CAP-080, Library Access Consolidation System, is the	8506
unencumbered and unallotted balance as of June 30, 2004, in	8507
appropriation item CAP-080, Library Access Consolidation System,	8508
plus $33,780.	8509

CAMPUS MASTER PLAN PHASE V-A

8510

The amount reappropriated for the foregoing appropriation	8511
item CAP-118, Campus Master Plan Phase V-A, is the sum of the	8512
unencumbered and unallotted balance as of June 30, 2004, in	8513
appropriation items CAP-072, Access Circulation, CAP-104, Road and	8514
Parking Lot Improvements, and CAP-118, Campus Master Plan Phase	8515
V-A.	8516

Reappropriations

Section 26.22. YSU YOUNGSTOWN STATE UNIVERSITY

8517

Reappropriations

Section 26.23. MCO MEDICAL COLLEGE OF OHIO

8538

Reappropriations

Section 26.24. NEM NORTHEASTERN OHIO UNIVERSITIES COLLEGE OF	8555
MEDICINE	8556

ROOF RENOVATIONS

8567

The amount reappropriated for the foregoing appropriation	8568
item CAP-047, Roof Renovations, shall be $12,418.	8569

Section 26.25. CWR CASE WESTERN RESERVE UNIVERSITY

8570

Reappropriations

Section 26.26. CTC CINCINNATI STATE TECHNICAL AND COMMUNITY	8591
COLLEGE	8592

Reappropriations

Section 26.27. CLT CLARK STATE COMMUNITY COLLEGE

8603

Reappropriations

Section 26.28. CTI COLUMBUS STATE COMMUNITY COLLEGE

8611

ACADEMIC CENTER "C"

8620

The amount reappropriated for the foregoing appropriation	8621
item CAP-037, Academic Center "C", shall be the sum of the	8622
unencumbered and unallotted balance as of June 30, 2004, in	8623
appropriation item CAP-037, Academic Center "C", plus $29,271.	8624

Reappropriations

Section 26.29. CCC CUYAHOGA COMMUNITY COLLEGE

8625

BASIC RENOVATIONS

8638

The amount reappropriated for the foregoing appropriation	8639
item CAP-031, Basic Renovations, is the sum of the unencumbered	8640
and unallotted balance as of June 30, 2004, in appropriation items	8641
CAP-031, Basic Renovations, CAP-058, ADA Modifications, CAP-070,	8642
Interior/Exterior Signage Program, CAP-078, Humanities Building	8643
Renovations - Metro, CAP-080, UTC Curtainwall Modifications,	8644
CAP-081, Interior Courtyards Renovations, CAP-082, Carpet	8645
Replacement - Western, CAP-085, Expansion Joint Construction,	8646
CAP-086, Carpet Replacement - Western, plus $15,884.	8647

TECHNOLOGY LEARNING CENTER

8648

The amount reappropriated for the foregoing appropriation	8649
item CAP-064, Technology Learning Center - Western, is the sum of	8650
the unencumbered and unallotted balance as of June 30, 2004, in	8651
appropriation item CAP-064, Technology Learning Center - Western,	8652
minus $1,693,253.	8653

BUILDING A EXPANSION MODULE - WESTERN

8654

The amount reappropriated for the foregoing appropriation	8655
item CAP-090, Building A Expansion Module - Western, is the sum of	8656
the unencumbered and unallotted balance as of June 30, 2004, in	8657
appropriation items CAP-066, Renovate/Create New Classrooms -	8658
West, CAP-090, Building A Expansion Module - Western, plus	8659
$1,677,369.	8660

Reappropriations

Section 26.30. ESC EDISON STATE COMMUNITY COLLEGE

8661

Reappropriations

Section 26.31. JTC JEFFERSON COMMUNITY COLLEGE

8669

Reappropriations

Section 26.32. LCC LAKELAND COMMUNITY COLLEGE

8679

Reappropriations

Section 26.33. LOR LORAIN COMMUNITY COLLEGE

8690

Reappropriations

Section 26.34. NTC NORTHWEST STATE COMMUNITY COLLEGE

8696

Reappropriations

Section 26.35. OTC OWENS COMMUNITY COLLEGE

8703

Reappropriations

Section 26.36. RGC RIO GRANDE COMMUNITY COLLEGE

8711

Reappropriations

Section 26.37. SCC SINCLAIR COMMUNITY COLLEGE

8719

Reappropriations

Section 26.38. SOC SOUTHERN STATE COMMUNITY COLLEGE

8728

Reappropriations

Section 26.39. TTC TERRA STATE COMMUNITY COLLEGE

8735

Reappropriations

Section 26.40. WTC WASHINGTON STATE COMMUNITY COLLEGE

8741

Reappropriations

Section 26.41. BTC BELMONT TECHNICAL COLLEGE

8748

Reappropriations

Section 26.42. COT CENTRAL OHIO TECHNICAL COLLEGE

8754

Reappropriations

Section 26.43. HTC HOCKING TECHNICAL COLLEGE

8758

Reappropriations

Section 26.44. LTC LIMA TECHNICAL COLLEGE

8768

Reappropriations

Section 26.45. MAT MUSKINGUM AREA TECHNICAL COLLEGE

8778

Reappropriations

Section 26.46. MTC MARION TECHNICAL COLLEGE

8784

Reappropriations

Section 26.47. NCC NORTH CENTRAL TECHNICAL COLLEGE

8789

Reappropriations

Section 26.48. STC STARK TECHNICAL COLLEGE

8796

Section 26.49. For all of the foregoing appropriation items	8807
from the Higher Education Improvement Fund (Fund 034) that require	8808
local funds to be contributed by any state-supported or	8809
state-assisted institution of higher education, the Board of	8810
Regents shall not recommend that any funds be released until the	8811
recipient institution demonstrates to the Board of Regents and the	8812
Office of Budget and Management that the local funds contribution	8813
requirement has been secured or satisfied. The local funds shall	8814
be in addition to the foregoing appropriations.	8815

Section 26.50.  The Ohio Public Facilities Commission is	8816
hereby authorized to issue and sell, in accordance with Section 2n	8817
of Article VIII, Ohio Constitution, and Chapter 151. and	8818
particularly sections 151.01 and 151.04 of the Revised Code,	8819
original obligations in an aggregate principal amount not to	8820
exceed $1,000,000, in addition to the original issuance of	8821
obligations heretofore authorized by prior acts of the General	8822
Assembly. The authorized obligations shall be issued, subject to	8823
applicable constitutional and statutory limitations, to pay costs	8824
of capital facilities as defined in sections 151.01 and 151.04 of	8825
the Revised Code for state-supported and state-assisted	8826
institutions of higher education.	8827

Section 26.51. The Ohio Public Facilities Commission is	8828
hereby authorized to issue and sell, in accordance with Section 2n	8829
of Article VIII, Ohio Constitution, and Chapter 151. and	8830
particularly sections 151.01 and 151.04 of the Revised Code,	8831
original obligations in an aggregate principal amount not to	8832
exceed $2,000,000, in addition to the original issuance of	8833
obligations heretofore authorized by prior acts of the General	8834
Assembly. The authorized obligations shall be issued, subject to	8835
applicable constitutional and statutory limitations, to pay costs	8836
of capital facilities as defined in sections 151.01 and 151.04 of	8837
the Revised Code for state-supported and state-assisted	8838
institutions of higher education.	8839

Section 26.52. None of the foregoing capital improvements	8840
appropriations for state-supported or state-assisted institutions	8841
of higher education shall be expended until the particular	8842
appropriation has been recommended for release by the Board of	8843
Regents and released by the Director of Budget and Management or	8844
the Controlling Board. Either the institution concerned, or the	8845
Board of Regents with the concurrence of the institution	8846
concerned, may initiate the request to the Director of Budget and	8847
Management or the Controlling Board for the release of the	8848
particular appropriations.	8849

Section 26.53. (A) No capital improvement appropriations made	8850
in Sections 26.02 to 26.56, 34, 34.01, 34.02, and 34.03 of this	8851
act shall be released for planning or for improvement, renovation,	8852
construction, or acquisition of capital facilities if the	8853
institution of higher education or the state does not own the real	8854
property on which the capital facilities are or will be located.	8855
This restriction does not apply in any of the following	8856
circumstances:	8857

(1) The institution has a long-term (at least fifteen years)	8858
lease of, or other interest (such as an easement) in, the real	8859
property.	8860

(2) The Board of Regents certifies to the Controlling Board	8861
that undue delay will occur if planning does not proceed while the	8862
property or property interest acquisition process continues. In	8863
this case, funds may be released upon approval of the Controlling	8864
Board to pay for planning through the development of schematic	8865
drawings only.	8866

(3) In the case of an appropriation for capital facilities	8867
that, because of their unique nature or location, will be owned or	8868
will be part of facilities owned by a separate nonprofit	8869
organization or public body and made available to the institution	8870
of higher education for its use, the nonprofit organization or	8871
public body either owns or has a long-term (at least fifteen	8872
years) lease of the real property or other capital facility to be	8873
improved, renovated, constructed, or acquired and has entered into	8874
a joint or cooperative use agreement, approved by the Board of	8875
Regents, with the institution of higher education that meets the	8876
requirements of division (C) of this section.	8877

(B) Any foregoing appropriations which require cooperation	8878
between a technical college and a branch campus of a university	8879
may be released by the Controlling Board upon recommendation by	8880
the Board of Regents that the facilities proposed by the	8881
institutions are:	8882

(1) The result of a joint planning effort by the university	8883
and the technical college, satisfactory to the Board of Regents;	8884

(2) Facilities that will meet the needs of the region in	8885
terms of technical and general education, taking into	8886
consideration the totality of facilities which will be available	8887
after the completion of these projects;	8888

(3) Planned to permit maximum joint use by the university and	8889
technical college of the totality of facilities which will be	8890
available upon their completion;	8891

(4) To be located on or adjacent to the branch campus of the	8892
university.	8893

(C) In the case of capital facilities referred to in division	8894
(A)(3) of this section, the joint or cooperative use agreements	8895
shall include, as a minimum, provisions that:	8896

(1) Specify the extent and nature of that joint or	8897
cooperative use, extending for not fewer than fifteen years, with	8898
the value of such use or right to use to be, as determined by the	8899
parties and approved by the Board of Regents, reasonably related	8900
to the amount of the appropriations;	8901

(2) Provide for pro rata reimbursement to the state should	8902
the arrangement for joint or cooperative use be terminated;	8903

(3) Provide that procedures to be followed during the capital	8904
improvement process will comply with appropriate applicable state	8905
laws and rules, including provisions of this act;	8906

(4) Provide for payment or reimbursement to the institution	8907
of its administrative costs incurred as a result of the facilities	8908
project, not to exceed 1.5 per cent of the appropriated amount.	8909

(D) Upon the recommendation of the Board of Regents, the	8910
Controlling Board may approve the transfer of appropriations for	8911
projects requiring cooperation between institutions from one	8912
institution to another institution, with the approval of both	8913
institutions.	8914

(E) Notwithstanding section 127.14 of the Revised Code, the	8915
Controlling Board, upon the recommendation of the Board of	8916
Regents, may transfer amounts appropriated to the Board of Regents	8917
to accounts of state-supported or state-assisted institutions	8918
created for that same purpose.	8919

Section 26.54. The requirements of Chapters 123. and 153. of	8920
the Revised Code, with respect to the powers and duties of the	8921
Director of Administrative Services in the procedure for and award	8922
of contracts for capital improvement projects, and the	8923
requirements of section 127.16 of the Revised Code, with respect	8924
to the Controlling Board, do not apply to projects of community	8925
college districts and technical college districts.	8926

Section 26.55. Those institutions locally administering	8927
capital improvement projects pursuant to section 3345.50 of the	8928
Revised Code may:	8929

(A) Establish charges for recovering costs directly related	8930
to project administration as defined by the Director of	8931
Administrative Services. The Department of Administrative Services	8932
shall review and approve these administrative charges when such	8933
charges are in excess of 1.5 per cent of the total construction	8934
budget.	8935

(B) Seek reimbursement from state capital appropriations to	8936
the institution for the in-house design services performed by the	8937
institution for such capital projects. Acceptable charges shall be	8938
limited to design document preparation work that is done by the	8939
institution. These reimbursable design costs shall be shown as	8940
"A/E fees" within the project's budget that is submitted to the	8941
Controlling Board or the Director of Budget and Management as part	8942
of a request for release of funds. The reimbursement for in-house	8943
design may not exceed seven per cent of the estimated construction	8944
cost.	8945

Section 26.56.  The Board of Regents shall adopt rules	8946
regarding the release of moneys from all the foregoing	8947
appropriations for capital facilities for all state-supported and	8948
state-assisted institutions of higher education.	8949

Section 27.  All items set forth in this section are hereby	8950
appropriated out of any moneys in the state treasury to the credit	8951
of the Parks and Recreation Improvement Fund (Fund 035) that are	8952
not otherwise appropriated:	8953

Reappropriations

DNR DEPARTMENT OF NATURAL RESOURCES

8954

Section 27.01. RIVERFRONT IMPROVEMENTS

8996

Of the foregoing reappropriation item CAP-727, Riverfront	8997
Improvements, $100,000 shall be used for the Spencerville Canal	8998
Improvements and $350,000 shall be used for the Rush Creek and	8999
Upper Hocking Project.	9000

LOCAL PARKS PROJECTS

9001

The following projects shall be funded from the foregoing	9002
reappropriation item CAP-748, Local Parks Projects: $12,500 for	9003
Big Prairie/Lakeville Park Improvements; $6,500 for Crossroads	9004
Park Improvements; $1,500,000 for the Cleveland Lakefront Park	9005
Improvements; $500,000 for Colerain Township Park Improvements;	9006
$50,000 for Smith Field Park Improvements; $50,000 for St.	9007
Clairsville Park Improvements; $50,000 for Mt. Orab Park	9008
Improvements; $50,000 for Liberty Township Playground; $100,000	9009
for Gallipolis City Park; $20,000 for Junction City Park	9010
Improvements; $200,000 for the Goll Woods Nature Preserve; $15,000	9011
for Ryan Park Improvements; and $15,000 for Circleville Park	9012
Improvements.	9013

STATEWIDE TRAILS PROGRAM

9014

Of the foregoing reappropriation item CAP-876, Statewide	9015
Trails Program, $30,000 shall be used for Fairfield Heritage	9016
Trails and $100,000 shall be used for the Upper Sandusky Bike	9017
Path.	9018

FEDERAL REIMBURSEMENT

9019

All reimbursements received from the federal government for	9020
any expenditures made pursuant to Sections 28 and 28.01 of this	9021
act shall be deposited in the state treasury to the credit of the	9022
Parks and Recreation Improvement Fund.	9023

Section 27.02. (A) No capital improvement appropriations made	9024
in Section 25 of this act shall be released for planning or for	9025
improvement, renovation, construction, or acquisition of capital	9026
facilities if a governmental agency, as defined in section 154.01	9027
of the Revised Code, does not own the real property that	9028
constitutes the capital facilities or on which the capital	9029
facilities are or will be located. This restriction does not apply	9030
in any of the following circumstances:	9031

(1) The governmental agency has a long-term (at least fifteen	9032
years) lease of, or other interest (such as an easement) in, the	9033
real property.	9034

(2) In the case of an appropriation for capital facilities	9035
for parks and recreation that, because of their unique nature or	9036
location, will be owned or will be part of facilities owned by a	9037
separate nonprofit organization and made available to the	9038
governmental agency for its use, the nonprofit organization either	9039
owns or has a long-term (at least fifteen years) lease of the real	9040
property or other capital facility to be improved, renovated,	9041
constructed, or acquired and has entered into a joint or	9042
cooperative use agreement, approved by the Department of Natural	9043
Resources, with the governmental agency for that agency's use of	9044
and right to use the capital facilities to be financed and, if	9045
applicable, improved, the value of such use or right to use being,	9046
as determined by the parties, reasonably related to the amount of	9047
the appropriation.	9048

(B) In the case of capital facilities referred to in division	9049
(A)(2) of this section, the joint or cooperative use agreement	9050
shall include, as a minimum, provisions that:	9051

(1) Specify the extent and nature of that joint or	9052
cooperative use, extending for not fewer than fifteen years, with	9053
the value of such use or right to use to be, as determined by the	9054
parties and approved by the applicable department, reasonably	9055
related to the amount of the appropriation;	9056

(2) Provide for pro rata reimbursement to the state should	9057
the arrangement for joint or cooperative use by a governmental	9058
agency be terminated; and	9059

(3) Provide that procedures to be followed during the capital	9060
improvement process will comply with appropriate applicable state	9061
laws and rules, including provisions of this act.	9062

Section 28. All items set forth in this section are hereby	9063
appropriated out of any moneys in the state treasury to the credit	9064
of the State Capital Improvements Fund (Fund 038) that are not	9065
otherwise appropriated:	9066

Reappropriations

PWC PUBLIC WORKS COMMISSION

9067

Ohio Small Government Capital Improvement Commission

9068

The appropriations in this section shall be used in	9094
accordance with sections 164.01 to 164.12 of the Revised Code. All	9095
expenditures made from these appropriations shall be approved by	9096
the Director of the Public Works Commission. The Director of the	9097
Public Works Commission shall not allocate funds in amounts	9098
greater than those amounts appropriated by the General Assembly.	9099

Section 29.  All items set forth in this section are hereby	9100
appropriated out of any moneys in the state treasury to the credit	9101
of the State Capital Improvements Revolving Loan Fund (Fund 040)	9102
and derived from repayments of loans made to local subdivisions	9103
for capital improvements, investment earnings on moneys in the	9104
fund, and moneys obtained from federal or private grants or from	9105
other sources for the purpose of making loans for the purpose of	9106
financing or assisting in the financing of the cost of capital	9107
improvement projects of local subdivisions:	9108

Reappropriations

PWC PUBLIC WORKS COMMISSION

9109

The appropriations in this section shall be used in	9134
accordance with sections 164.01 to 164.12 of the Revised Code. All	9135
expenditures made from these appropriations shall be approved by	9136
the Director of the Public Works Commission. The Director of the	9137
Public Works Commission shall not allocate funds in amounts	9138
greater than those amounts appropriated by the General Assembly.	9139

Section 30.  All items set forth in this section are hereby	9140
appropriated out of any moneys in the state treasury to the credit	9141
of the Clean Ohio Conservation Fund (Fund 056) that are not	9142
otherwise appropriated:	9143

Reappropriations

PWC PUBLIC WORKS COMMISSION

9144

Section 31. All items set forth in this section are hereby	9167
appropriated out of any moneys in the state treasury to the credit	9168
of the Clean Ohio Agricultural Easement Fund (Fund 057) that are	9169
not otherwise appropriated:	9170

Reappropriations

AGR DEPARTMENT OF AGRICULTURE

9171

AGRICULTURAL EASEMENT PURCHASE

9175

The foregoing appropriation item CAP-047, Clean Ohio	9176
Agricultural Easement, shall be used in accordance with sections	9177
901.21, 901.22, and 5301.67 to 5301.70 of the Revised Code.	9178

Section 32. All items set forth in this section are hereby	9179
appropriated out of any moneys in the state treasury to the credit	9180
of the Clean Ohio Trail Fund (Fund 061) that are not otherwise	9181
appropriated:	9182

DNR DEPARTMENT OF NATURAL RESOURCES

9183

Reappropriations

Section 33. All items set forth in this section are hereby	9188
appropriated out of any moneys in the state treasury to the credit	9189
of the School Building Program Assistance Fund (Fund 032) that are	9190
not otherwise appropriated:	9191

Appropriations

SFC SCHOOL FACILITIES COMMISSION

9192

Section 33.01. The Ohio Public Facilities Commission is	9197
hereby authorized to issue and sell, in accordance with Section 2n	9198
of Article VIII, Ohio Constitution, and Chapter 151. of the	9199
Revised Code and particularly sections 151.01 and 151.03 of the	9200
Revised Code, original obligations in an aggregate principal	9201
amount not to exceed $522,000,000, in addition to the original	9202
issuance of obligations heretofore authorized by prior acts of the	9203
General Assembly. The authorized obligations shall be issued,	9204
subject to applicable constitutional and statutory limitations, to	9205
pay the costs to the state of constructing classroom facilities	9206
pursuant to sections 3318.01 to 3318.35 of the Revised Code.	9207

Section 34. All items set forth in this section are hereby	9208
appropriated out of any moneys in the state treasury to the credit	9209
of the Higher Education Improvement Fund (Fund 034) that are not	9210
otherwise appropriated. The appropriations made in this act are in	9211
addition to any other capital appropriations made for the	9212
2005-2006 biennium.	9213

Appropriations

BOR BOARD OF REGENTS

9214

Higher Education Improvement Fund

9215

Section 34.01. THIRD FRONTIER PROJECT

9220

The foregoing appropriation item CAP-068, Third Frontier	9221
Project, shall be used to acquire, renovate, or construct	9222
facilities and purchase equipment for research programs,	9223
technology development, product development, and commercialization	9224
programs at or involving state-supported and state-assisted	9225
institutions of higher education. The funds shall be used to make	9226
grants awarded on a competitive basis, and shall be administered	9227
by the Third Frontier Commission. Expenditure of the funds shall	9228
comply with Section 2n of Article VIII, Ohio Constitution, and	9229
sections 151.01 and 151.04 of the Revised Code for the period	9230
beginning July 1, 2004, and ending June 30, 2006.	9231

The Third Frontier Commission shall develop guidelines	9232
relative to the application for and selection of projects funded	9233
from appropriation item CAP-068, Third Frontier Project. The	9234
commission may develop the guidelines in consultation with other	9235
interested parties. The Board of Regents and all state-assisted	9236
and state-supported institutions of higher education shall take	9237
all actions necessary to implement grants awarded by the Third	9238
Frontier Commission.	9239

The foregoing appropriation item CAP-068, Third Frontier	9240
Project, for which an appropriation is made from the Higher	9241
Education Improvement Fund (Fund 034), is determined to consist of	9242
capital improvements and capital facilities for state-supported	9243
and state-assisted institutions of higher education, and is	9244
designated for the capital facilities to which proceeds of	9245
obligations in the Higher Education Improvement Fund (Fund 034)	9246
are to be applied.	9247

Section 34.02.  The Ohio Public Facilities Commission is	9248
hereby authorized to issue and sell, in accordance with Section 2n	9249
of Article VIII, Ohio Constitution, and Chapter 151. and	9250
particularly sections 151.01 and 151.04 of the Revised Code,	9251
original obligations in an aggregate principal amount not to	9252
exceed $50,000,000, in addition to the original issuance of	9253
obligations heretofore authorized by prior acts of the General	9254
Assembly. The authorized obligations shall be issued, subject to	9255
applicable constitutional and statutory limitations, to pay costs	9256
of capital facilities as defined in sections 151.01 and 151.04 of	9257
the Revised Code for state-supported and state-assisted	9258
institutions of higher education.	9259

Section 34.03.  The foregoing appropriation item CAP-068,	9260
Third Frontier Project, is subject to Sections 26.49, 26.52,	9261
26.53, 26.54, 26.55, and 26.56 of this act.	9262

Section 35. All items set forth in this section are hereby	9263
appropriated out of any moneys in the state treasury to the credit	9264
of the State Capital Improvements Fund (Fund 038) that are not	9265
otherwise appropriated:	9266

Appropriations

PWC PUBLIC WORKS COMMISSION

9267

The foregoing appropriation item CAP-150, Local Public	9271
Infrastructure, shall be used in accordance with sections 164.01	9272
to 164.12 of the Revised Code. The Director of the Public Works	9273
Commission may certify to the Director of Budget and Management	9274
that a need exists to appropriate investment earnings to be used	9275
in accordance with sections 164.01 to 164.12 of the Revised Code.	9276
If the Director of Budget and Management determines pursuant to	9277
division (D) of section 164.08 and section 164.12 of the Revised	9278
Code that investment earnings are available to support additional	9279
appropriations, such amounts are hereby appropriated.	9280

Section 36.  The Treasurer of State is hereby authorized	9281
pursuant to section 164.09 of the Revised Code to issue and sell,	9282
in accordance with Section 2m of Article VIII, Ohio Constitution,	9283
and sections 164.01 to 164.12 of the Revised Code, original	9284
obligations of the state, in an aggregate principal amount not to	9285
exceed $120,000,000, in addition to the original obligations	9286
heretofore authorized by prior acts of the General Assembly. These	9287
authorized obligations shall be issued and sold from time to time	9288
and in amounts necessary to ensure sufficient moneys to the credit	9289
of the State Capital Improvements Fund (Fund 038) to pay costs	9290
charged to that fund, as estimated by the Director of Budget and	9291
Management.	9292

Section 37.  All items set forth in this section are hereby	9293
appropriated out of any moneys in the state treasury to the credit	9294
of the State Capital Improvements Revolving Loan Fund (Fund 040).	9295
Revenues to the State Capital Improvements Revolving Loan Fund	9296
shall consist of all repayments of loans made to local	9297
subdivisions for capital improvements, investment earnings on	9298
moneys in the fund, and moneys obtained from federal or private	9299
grants or from other sources for the purpose of making loans for	9300
the purpose of financing or assisting in the financing of the cost	9301
of capital improvement projects of local subdivisions.	9302

PWC PUBLIC WORKS COMMISSION

9303

Appropriations

The foregoing appropriation item CAP-151, Revolving Loan,	9308
shall be used in accordance with sections 164.01 to 164.12 of the	9309
Revised Code.	9310

Section 38. CERTIFICATION OF AVAILABILITY OF MONEYS

9311

No moneys that require release shall be expended from any	9312
appropriation contained in this act without certification of the	9313
Director of Budget and Management that there are sufficient moneys	9314
in the state treasury in the fund from which the appropriation is	9315
made. Such certification made by the Office of Budget and	9316
Management shall be based on estimates of revenue, receipts, and	9317
expenses. Nothing herein shall be construed as a limitation on the	9318
authority of the Director of Budget and Management as granted in	9319
section 126.07 of the Revised Code.	9320

Section 39. LIMITATION ON USE OF CAPITAL APPROPRIATIONS

9321

The appropriations made in this act, excluding those made to	9322
the State Capital Improvement Fund (Fund 038) and the State	9323
Capital Improvements Revolving Loan Fund (Fund 040) for buildings	9324
or structures, including remodeling and renovations, are limited	9325
to:	9326

(A) Acquisition of real property or interest in real	9327
property;	9328

(B) Buildings and structures, which includes construction,	9329
demolition, complete heating, lighting, and lighting fixtures, and	9330
all necessary utilities, ventilating, plumbing, sprinkling, and	9331
sewer systems, when such systems are authorized or necessary;	9332

(C) Architectural, engineering, and professional services	9333
expenses directly related to the projects;	9334

(D) Machinery that is a part of structures at the time of	9335
initial acquisition or construction;	9336

(E) Acquisition, development, and deployment of new computer	9337
systems, including the redevelopment or integration of existing	9338
and new computer systems, but excluding regular or ongoing	9339
maintenance or support agreements;	9340

(F) Equipment that meets all the following criteria:

9341

(1) The equipment is essential in bringing the facility up to	9342
its intended use.	9343

(2) The unit cost of the equipment, and not the individual	9344
parts of a unit, is about $100 or more.	9345

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

9346

(4) The equipment is necessary for the functioning of the	9347
particular facility or project.	9348

No equipment shall be paid for from these appropriations that	9349
is not an integral part of or directly related to the basic	9350
purpose or function of a project for which moneys are	9351
appropriated. This paragraph does not apply to appropriation items	9352
for equipment.	9353

Section 40. CONTINGENCY RESERVE REQUIREMENT

9354

Any request for release of capital appropriations by the	9355
Director of Budget and Management or the Controlling Board of	9356
capital appropriations for projects, the contracts for which are	9357
awarded by the Department of Administrative Services, shall	9358
contain a contingency reserve, the amount of which shall be	9359
determined by the Department of Administrative Services, for	9360
payment of unanticipated project expenses. Any amount deducted	9361
from the encumbrance for a contractor's contract as an assessment	9362
for liquidated damages shall be added to the encumbrance for the	9363
contingency reserve. Contingency reserve funds shall be used to	9364
pay costs resulting from unanticipated job conditions, to comply	9365
with rulings regarding building and other codes, to pay costs	9366
related to errors or omissions in contract documents, to pay costs	9367
associated with changes in the scope of work, and to pay the cost	9368
of settlements and judgments related to the project.	9369

Any funds remaining upon completion of a project, may, upon	9370
approval of the Controlling Board, be released for the use of the	9371
institution to which the appropriation was made for another	9372
capital facilities project or projects.	9373

Section 41. AGENCY ADMINISTRATION OF CAPITAL FACILITIES	9374
PROJECTS	9375

Notwithstanding sections 123.01 and 123.15 of the Revised	9376
Code, the Director of Administrative Services may authorize the	9377
Departments of Mental Health, Mental Retardation and Developmental	9378
Disabilities, Alcohol and Drug Addiction Services, Agriculture,	9379
Jobs and Family Services, Rehabilitation and Correction, Youth	9380
Services, Public Safety, and Transportation, the Ohio Veterans'	9381
Home, and the Rehabilitation Services Commission to administer any	9382
capital facilities projects when the estimated cost, including	9383
design fees, construction, equipment, and contingency amounts, is	9384
less than $1,500,000. Requests for authorization to administer	9385
capital facilities projects shall be made in writing to the	9386
Director of Administrative Services by the respective state agency	9387
within sixty days after the effective date of the act in which the	9388
General Assembly initially makes an appropriation for the project.	9389
Upon the release of funds for such projects by the Controlling	9390
Board or the Director of Budget and Management, the agency may	9391
administer the capital project or projects for which agency	9392
administration has been authorized without the supervision,	9393
control, or approval of the Director of Administrative Services.	9394

The state agency authorized by the Director of Administrative	9395
Services to administer capital facilities projects pursuant to	9396
this section shall comply with the applicable procedures and	9397
guidelines established in Chapter 153. of the Revised Code.	9398

Section 42. SATISFACTION OF JUDGMENTS AND SETTLEMENTS AGAINST	9399
THE STATE	9400

Except as otherwise provided in this section, an	9401
appropriation contained in this act or any other act may be used	9402
for the purpose of satisfying judgments, settlements, or	9403
administrative awards ordered or approved by the Court of Claims	9404
or by any other court of competent jurisdiction in connection with	9405
civil actions against the state. This authorization shall not	9406
apply to appropriations to be applied to or used for payment of	9407
guarantees by or on behalf of the state or for payments under	9408
lease agreements relating to or debt service on bonds, notes, or	9409
other obligations of the state. Notwithstanding any other section	9410
of law to the contrary, this authorization includes appropriations	9411
from funds into which proceeds or direct obligations of the state	9412
are deposited only to the extent that the judgment, settlement, or	9413
administrative award is for or represents capital costs for which	9414
the appropriation may otherwise be used and is consistent with the	9415
purpose for which any related bonds were issued. Nothing contained	9416
in this section is intended to subject the state to suit in any	9417
forum in which it is not otherwise subject to suit, nor is it	9418
intended to waive or compromise any defense or right available to	9419
the state in any suit against it.	9420

Section 43. Notwithstanding section 126.14 of the Revised	9421
Code, appropriations for appropriation items CAP-002, Local Jails,	9422
and CAP-003, Community-Based Correctional Facilities, appropriated	9423
from the Adult Correctional Building Fund (Fund 027) to the	9424
Department of Rehabilitation and Correction shall be released upon	9425
the written approval of the Director of Budget and Management. The	9426
appropriations from the Public School Building Fund (Fund 021),	9427
the Education Facilities Trust Fund (Fund N87), and the School	9428
Building Program Assistance Fund (Fund 032) to the School	9429
Facilities Commission, from the Transportation Building Fund (Fund	9430
029) to the Department of Transportation, from the Clean Ohio	9431
Conservation Fund (Fund 056) to the Public Works Commission, and	9432
appropriations from the State Capital Improvement Fund (Fund 038)	9433
and the State Capital Improvements Revolving Loan Fund (Fund 040)	9434
to the Public Works Commission shall be released upon presentation	9435
of a request to release the funds, by the agency to which the	9436
appropriation has been made, to the Director of Budget and	9437
Management.	9438

Section 44.  Except as provided in section 4115.04 of the	9439
Revised Code, no moneys appropriated or reappropriated by the	9440
125th General Assembly shall be used for the construction of	9441
public improvements, as defined in section 4115.03 of the Revised	9442
Code, unless the mechanics, laborers, or workers engaged therein	9443
are paid the prevailing rate of wages as prescribed in section	9444
4115.04 of the Revised Code. Nothing in this section shall affect	9445
the wages and salaries established for state employees under the	9446
provisions of Chapter 124. of the Revised Code, or collective	9447
bargaining agreements entered into by the state pursuant to	9448
Chapter 4117. of the Revised Code, while engaged on force account	9449
work, nor shall this section interfere with the use of inmate and	9450
patient labor by the state.	9451

Section 45. CAPITAL FACILITIES LEASES

9452

Capital facilities for which appropriations are made from the	9453
Administrative Building Fund (Fund 026), the Adult Correctional	9454
Building Fund (Fund 027), the Juvenile Correctional Building Fund	9455
(Fund 028), and the Arts Facilities Building Fund (Fund 030) may	9456
be leased by the Ohio Building Authority to the Department of	9457
Youth Services, the Arts and Sports Facilities Commission, the	9458
Department of Administrative Services, and the Department of	9459
Rehabilitation and Correction, and other agreements may be made by	9460
the Ohio Building Authority and the departments with respect to	9461
the use or purchase of such capital facilities, or subject to the	9462
approval of the director of the department or the commission, the	9463
Ohio Building Authority may lease such capital facilities to, and	9464
make other agreements with respect to the use or purchase thereof	9465
with, any governmental agency or nonprofit corporation having	9466
authority under law to own, lease, or operate such capital	9467
facilities. The director of the department or the commission may	9468
sublease such capital facilities to, and make other agreements	9469
with respect to the use or purchase thereof with, any such	9470
governmental agency or nonprofit corporation, which may include	9471
provisions for transmittal of receipts of that agency or nonprofit	9472
corporation of any charges for the use of such facilities, all	9473
upon such terms and conditions as the parties may agree upon and	9474
any other provision of law affecting the leasing, acquisition, or	9475
disposition of capital facilities by such parties.	9476

Section 46. AUTHORIZATION OF THE DIRECTOR OF BUDGET AND	9477
MANAGEMENT	9478

The Director of Budget and Management shall authorize both of	9479
the following:	9480

(A) The initial release of moneys for projects from the funds	9481
into which proceeds of direct obligations of the state are	9482
deposited.	9483

(B) The expenditure or encumbrance of moneys from funds into	9484
which proceeds of direct obligations are deposited, only after	9485
determining to the director's satisfaction that either of the	9486
following apply:	9487

(1) The application of such moneys to the particular project	9488
will not negatively affect any exemption or exclusion from federal	9489
income tax of the interest or interest equivalent on obligations,	9490
issued to provide moneys to the particular fund.	9491

(2) Moneys for the project will come from the proceeds of	9492
obligations, the interest on which is not so excluded or exempt	9493
and which have been authorized as "taxable obligations" by the	9494
issuing authority.	9495

The director shall report any nonrelease of moneys pursuant	9496
to this section to the Governor, the presiding officer of each	9497
house of the General Assembly, and the agency for the use of which	9498
the project is intended.	9499

Section 47. OHIO ADMINISTRATIVE KNOWLEDGE SYSTEM PROJECT

9500

The Ohio Administrative Knowledge System (OAKS) shall be an	9501
enterprise resource planning system that replaces the state's	9502
central services infrastructure systems, including, but not	9503
limited to, the central accounting system, the human	9504
resources/payroll system, the capital improvements projects	9505
tracking system, the fixed assets management system, and the	9506
procurement system. The Department of Administrative Services, in	9507
conjunction with the Office of Budget and Management, may acquire	9508
the system, including, but not limited to, the enterprise resource	9509
planning software and installation and implementation thereof	9510
pursuant to Chapter 125. of the Revised Code. Any lease-purchase	9511
arrangement utilized under Chapter 125. of the Revised Code,	9512
including any fractionalized interest therein as defined in	9513
division (N) of section 133.01 of the Revised Code, shall provide	9514
at the end of the lease periods that OAKS becomes the property of	9515
the state.	9516

Section 48. SCHOOL FACILITIES ENCUMBRANCES AND	9517
REAPPROPRIATION	9518

At the request of the Executive Director of the Ohio School	9519
Facilities Commission, the Director of Budget and Management may	9520
cancel encumbrances for school district projects from a previous	9521
biennium if the district has not raised its local share of project	9522
costs within one year of receiving Controlling Board approval in	9523
accordance with section 3318.05 of the Revised Code. The Executive	9524
Director of the Ohio School Facilities Commission shall certify	9525
the amounts of these canceled encumbrances to the Director of	9526
Budget and Management on a quarterly basis. The amounts of the	9527
canceled encumbrances are hereby appropriated.	9528

Section 49. REAPPROPRIATION OF UNEXPENDED ENCUMBERED BALANCES	9529
OF CAPITAL APPROPRIATIONS	9530

(A) An unexpended balance of a capital appropriation or	9531
reappropriation that a state agency has lawfully encumbered prior	9532
to the close of a capital biennium is hereby reappropriated for	9533
the following capital biennium from the fund from which it was	9534
originally appropriated or was reappropriated and shall be used	9535
only for the purpose of discharging the encumbrance in the	9536
following capital biennium. For those encumbered appropriations or	9537
reappropriations, any Controlling Board approval previously	9538
granted and referenced by the encumbering document remains in	9539
effect until the encumbrance is discharged in the following	9540
capital biennium or until the encumbrance expires at the end of	9541
the following capital biennium.	9542

(B) At the end of the reappropriation period provided for by	9543
division (A) of this section, an unexpended balance of a capital	9544
appropriation or reappropriation that remains encumbered at the	9545
end of that period is hereby reappropriated for the next capital	9546
biennium from the fund from which it was originally appropriated	9547
or was reappropriated and shall be used only for the purpose of	9548
discharging the encumbrance in the next capital biennium. For	9549
those encumbered appropriations or reappropriations, any	9550
Controlling Board approval previously granted and referenced by	9551
the encumbering document remains in effect until the encumbrance	9552
is discharged in the next capital biennium or until the	9553
encumbrance expires at the end of the next capital biennium.	9554

(C) At the end of the reappropriation period provided for by	9555
division (B) of this section, a reappropriation made pursuant to	9556
division (B) of this section shall lapse, and the encumbrance	9557
shall expire.	9558

(D) If an encumbrance expired pursuant to division (C) of	9559
this section, the Director of Budget and Management may	9560
re-establish the encumbrance as provided in this division. If a	9561
reappropriation for a project is made by the General Assembly for	9562
the biennium immediately following the biennium in which an	9563
encumbrance for that project expired, the Director of Budget and	9564
Management may re-establish the encumbrance in an amount not to	9565
exceed the amount of the expired encumbrance, in the name of the	9566
contractor named in the expired encumbrance, and for the same	9567
purpose specified in the expired encumbrance. The encumbrance	9568
shall be charged against the reappropriation for the project. The	9569
amount re-encumbered shall be used only for the purpose of	9570
discharging the encumbrance in the capital biennium for which the	9571
reappropriation was made. For those re-encumbered	9572
reappropriations, any Controlling Board approval previously	9573
granted and referenced by the expired encumbering document remains	9574
in effect until the encumbrance is discharged or expires at the	9575
end of the capital biennium for which the reappropriation was	9576
made. If any portion of the amount re-encumbered by the Director	9577
of Budget and Management under this division is not expended prior	9578
to the close of the capital biennium for which the reappropriation	9579
was made, that amount is hereby reappropriated for the following	9580
capital biennium as provided for in division (A) of this section	9581
and subject to the provisions of division (A) of this section.	9582

Section 50.  Capital reappropriations in this act that have	9583
been released by the Controlling Board or the Director of Budget	9584
and Management between June 30, 2002, and July 1, 2004, do not	9585
require further approval or release prior to being encumbered.	9586
Funds reappropriated in excess of such prior releases shall be	9587
released in accordance with applicable provisions of this act.	9588

Section 51.  Unless otherwise specified, the reappropriations	9589
made in this act represent the unencumbered and unallotted	9590
balances of prior years' capital improvements appropriations	9591
estimated to be available on June 30, 2004. The actual balances on	9592
June 30, 2004, for the appropriation items in this act are hereby	9593
reappropriated. Additionally, there is hereby reappropriated the	9594
unencumbered and unallotted balances on June 30, 2004, of any	9595
appropriation items either reappropriated in Am. Sub. H.B. 524 of	9596
the 124th General Assembly or appropriated in H.B. 675 of the	9597
124th General Assembly, or created by the Controlling Board	9598
pursuant to section 127.15 of the Revised Code from appropriation	9599
items in Am. Sub. H.B. 524 and H.B. 675, both of the 124th General	9600
Assembly, and this act, if the Director of Budget and Management	9601
determines that such balances are needed to complete the projects	9602
for which they were reappropriated or appropriated. The	9603
appropriation items and amounts that are reappropriated by this	9604
act shall be reported to the Controlling Board within 30 days	9605
after the effective date of this section.	9606

Section 52.  No appropriation for a health care facility	9607
authorized under this act may be released until the requirements	9608
of sections 3702.51 to 3702.68 of the Revised Code have been met.	9609

Section 53.  All proceeds received by the state as a result	9610
of litigation, judgments, settlements, or claims, filed by or on	9611
behalf of any state agency as defined by section 1.60 of the	9612
Revised Code or any state-supported or state-assisted institution	9613
of higher education, for damages or costs resulting from the use,	9614
removal, or hazard abatement of asbestos materials shall be	9615
deposited in the Asbestos Abatement Distribution Fund (Fund 674).	9616
All funds deposited into the Asbestos Abatement Distribution Fund	9617
are hereby appropriated to the Attorney General. To the extent	9618
practicable, the proceeds placed in the Asbestos Abatement	9619
Distribution Fund shall be divided among the state agencies and	9620
state-supported or state-assisted institutions of higher education	9621
in accordance with the general provisions of the litigation	9622
regarding the percentage of recovery. Distribution of the proceeds	9623
to each state agency or state-supported or state-assisted	9624
institution of higher education shall be made in accordance with	9625
the Asbestos Abatement Distribution Plan to be developed by the	9626
Attorney General, the Division of Public Works within the	9627
Department of Administrative Services, and the Office of Budget	9628
and Management.	9629

In those circumstances where asbestos litigation proceeds are	9630
for reimbursement of expenditures made with funds outside the	9631
state treasury or damages to buildings not constructed with state	9632
appropriations, direct payments shall be made to the affected	9633
institutions of higher education. Any proceeds received for	9634
reimbursement of expenditures made with funds within the state	9635
treasury or damages to buildings occupied by state agencies shall	9636
be distributed to the affected agencies with an intrastate	9637
transfer voucher to the funds identified in the Asbestos Abatement	9638
Distribution Plan.	9639

Such proceeds shall be used for additional asbestos abatement	9640
or encapsulation projects, or for other capital improvements,	9641
except that proceeds distributed to the General Revenue Fund and	9642
other funds that are not bond improvement funds may be used for	9643
any purpose. The Controlling Board may, for bond improvement	9644
funds, create appropriation items or increase appropriation	9645
authority in existing appropriation items equaling the amount of	9646
such proceeds. Such amounts approved by the Controlling Board are	9647
hereby appropriated. Such proceeds deposited in bond improvement	9648
funds shall not be expended until released by the Controlling	9649
Board, which shall require certification by the Director of Budget	9650
and Management that such proceeds are sufficient and available to	9651
fund the additional anticipated expenditures.	9652

Section 54. OBLIGATIONS ISSUED UNDER CHAPTER 151. OF THE	9653
REVISED CODE	9654

The capital improvements for which appropriations are made in	9655
this act from the Ohio Parks and Natural Resources Fund (Fund	9656
031), the School Building Program Assistance Fund (Fund 032), the	9657
Higher Education Improvement Fund (Fund 034), the Clean Ohio	9658
Conservation Fund (Fund 056), the Clean Ohio Agricultural Easement	9659
Fund (Fund 057), and the Clean Ohio Trail Fund (Fund 061) are	9660
determined to be capital improvements and capital facilities for	9661
natural resources, a statewide system of common schools,	9662
state-supported and state-assisted institutions of higher	9663
education, and conservation purposes (under the Clean Ohio	9664
Program) and are designated as capital facilities to which	9665
proceeds of obligations issued under Chapter 151. of the Revised	9666
Code are to be applied.	9667

Section 55. OBLIGATIONS ISSUED UNDER CHAPTER 152. OF THE	9668
REVISED CODE	9669

The capital improvements for which appropriations are made in	9670
this act from the Sports Facilities Building Fund (Fund 024), the	9671
Highway Safety Building Fund (Fund 025), the Administrative	9672
Building Fund (Fund 026), the Adult Correctional Building Fund	9673
(Fund 027), the Juvenile Correctional Building Fund (Fund 028),	9674
the Transportation Building Fund (Fund 029), and the Arts	9675
Facilities Building Fund (Fund 030) are determined to be capital	9676
improvements and capital facilities for housing state agencies and	9677
branches of state government and are designated as capital	9678
facilities to which proceeds of obligations issued under Chapter	9679
152. of the Revised Code are to be applied.	9680

Section 56. OBLIGATIONS ISSUED UNDER CHAPTER 154. OF THE	9681
REVISED CODE	9682

The capital improvements for which appropriations are made in	9683
this act from the Mental Health Facilities Improvement Fund (Fund	9684
033) and the Parks and Recreation Improvement Fund (Fund 035) are	9685
determined to be capital improvements and capital facilities for	9686
mental hygiene and retardation and parks and recreation and are	9687
designated as capital facilities to which proceeds of obligations	9688
issued under Chapter 154. of the Revised Code are to be applied.	9689

Section 57.  Upon the request of the agency to which a	9690
capital project appropriation item is appropriated, the Director	9691
of Budget and Management may transfer open encumbrance amounts	9692
between separate encumbrances for the project appropriation item	9693
to the extent that any reductions in encumbrances are agreed to by	9694
the contracting vendor and the agency.	9695

Section 58.  Any proceeds received by the state as the result	9696
of litigation or a settlement agreement related to any liability	9697
for the planning, design, engineering, construction, or	9698
constructed management of such facilities operated by the	9699
Department of Administrative Services shall be deposited into the	9700
Administrative Building Fund (Fund 026).	9701

Section 59. Sections 3 to 58 of this act shall remain in full	9702
force and effect commencing on July 1, 2004, and terminating on	9703
June 30, 2006, for the purpose of drawing money from the state	9704
treasury in payment of liabilities lawfully incurred hereunder,	9705
and on June 30, 2006, and not before, the moneys hereby	9706
appropriated shall lapse into the funds from which they are	9707
severally appropriated. If, under Section 1c of Article II, Ohio	9708
Constitution, Section 1c, Sections 3 to 58 of this act do not take	9709
effect until after July 1, 2004, Sections 3 to 58 of this act	9710
shall be and remain in full force and effect commencing on that	9711
later effective date.	9712

Section 60. (A) As used in this section, "design-build	9713
construction method" means a construction method that has both of	9714
the following characteristics:	9715

(1) An architecture firm and a contractor form a single	9716
entity that files a bid to construct a project and that, if	9717
awarded the contract to construct the project, agrees to a project	9718
price and completion date.	9719

(2) The entity described in division (A)(1) of this section	9720
assumes all of the financial risk if the project is delayed or	9721
exceeds the project price, and receives bonuses if the cost it	9722
incurs is less than the project price and it meets the	9723
construction target dates.	9724

(B) The Board of County Commissioners of Ashtabula County may	9725
construct, as a pilot project, a lodge and conference center at	9726
Geneva State Park on land leased from the Department of Natural	9727
Resources.	9728

Section 61. That Section 11.04 of Am. Sub. H.B. 87 of the	9729
125th General Assembly, as amended by Am. Sub. H.B. 95 of the	9730
125th General Assembly, be amended to read as follows:	9731

Sec. 11.04.  PUBLIC ACCESS ROADS FOR STATE FACILITIES

9732

Of the foregoing appropriation item 772-421, Highway	9733
Construction - State, $3,145,500 is to be used each fiscal year	9734
during the 2003-2005 biennium by the Department of Transportation	9735
for the construction, reconstruction, or maintenance of public	9736
access roads, including support features, to and within state	9737
facilities owned or operated by the Department of Natural	9738
Resources, as requested by the Director of Natural Resources.	9739

Notwithstanding section 5511.06 of the Revised Code, of the	9740
foregoing appropriation item 772-421, Highway Construction -	9741
State, $2,228,000 in each fiscal year of the 2003-2005 biennium	9742
shall be used by the Department of Transportation for the	9743
construction, reconstruction, or maintenance of park drives or	9744
park roads within the boundaries of metropolitan parks.	9745

Included in the foregoing appropriation item 772-421, Highway	9746
Construction - State, the department may perform related road work	9747
on behalf of the Ohio Expositions Commission at the state	9748
fairgrounds, including reconstruction or maintenance of public	9749
access roads, including support features, to and within the	9750
facilities as requested by the commission and approved by the	9751
Director of Transportation.	9752

LIQUIDATION OF UNFORESEEN LIABILITIES

9753

Any appropriation made to the Department of Transportation,	9754
Highway Operating Fund, not otherwise restricted by law, is	9755
available to liquidate unforeseen liabilities arising from	9756
contractual agreements of prior years when the prior year	9757
encumbrance is insufficient.	9758

GRADE CROSSING PROFILE AND SAFETY IMPROVEMENT PROGRAM

9759

The Director of Budget and Management shall cancel any	9760
encumbrances or parts of encumbrances against appropriation item,	9761
776-665, Railroad Crossing Safety Devices, and reestablish them	9762
against appropriation item 870-614, Grade Crossing Protection	9763
Devices-State, to be used by the Public Utilities Commission of	9764
Ohio (PUCO) for the Grade Crossing Profile and Safety Improvement	9765
Program, which is hereby created. The amounts of the reestablished	9766
encumbrances are hereby appropriated. A local matching grant of	9767
$25,000 or less may be awarded to political subdivisions to pay	9768
for profile improvements at crossings that meet all the following	9769
criteria: have a daily train count of at least ten trains, have a	9770
daily traffic count of at least 100 motor vehicles, are currently	9771
not equipped with automatic gates or lights, and are currently	9772
ranked in the bottom two-thirds of the hazard index as determined	9773
by the PUCO Accident Prediction Formula. In addition, grants up to	9774
$5,000 may be awarded to any political subdivision to fund	9775
non-profile improvement safety devices such as rumble strips,	9776
vegetation removal, and lighting, at crossings.	9777

The PUCO and the Ohio Department of Transportation shall	9778
notify each county with jurisdiction over a crossing of the	9779
requirements of this section and that funding is available for	9780
rail crossing safety improvements through the Grade Crossing	9781
Profile and Safety Improvement Program.	9782

The PUCO shall issue a report on or before June 30, 2005,	9783
describing the activities carried out by the PUCO to comply with	9784
this section. The report shall include the number and location of	9785
crossings that received safety improvements and the cost of each	9786
improvement to date.	9787

All appropriations in Fund 4A3 remaining unencumbered on June	9788
30, 2005, are hereby reappropriated for the same purpose in fiscal	9789
year 2006.	9790

Section 62. That existing Section 11.04 of Am. Sub. H.B. 87	9791
of the 125th General Assembly, as amended by Am. Sub. H.B. 95 of	9792
the 125th General Assembly, is hereby repealed.	9793

Section 63. The amendment by this act of Section 11.04 of Am.	9794
Sub. H.B. 87 of the 125th General Assembly, and the items of which	9795
the amendment is composed, are not subject to the referendum.	9796
Therefore, under Ohio Constitution, Article II, Section 1d and	9797
section 1.471 of the Revised Code, the amendment, and the items of	9798
which it is composed, go into immediate effect when this act	9799
becomes law.	9800

Section 64. That Sections 8.04, 12, 38.12, 41.06, 41.13, 55,	9801
59, 59.29, 66, 89, 89.04, 89.05, 89.08, 89.11, and 145 of Am. Sub.	9802
H.B. 95 of the 125th General Assembly be amended to read as	9803
follows:	9804

Sec. 8.04.  CENTRAL SERVICE AGENCY FUND

9805

The Director of Budget and Management may transfer up to	9806
$423,200 in fiscal year 2004 and up to $427,700 in fiscal year	9807
2005 from the Occupational Licensing and Regulatory Fund (Fund	9808
4K9) to the Central Service Agency Fund (Fund 115). The Director	9809
of Budget and Management may transfer up to $40,700 in fiscal year	9810
2004 and up to $41,200 in fiscal year 2005 from the State Medical	9811
Board Operating Fund (Fund 5C6) to the Central Service Agency Fund	9812
(Fund 115). The Director of Budget and Management may transfer up	9813
to $1,210 in fiscal year 2004 and up to $1,340 in fiscal year 2005	9814
from the Motor Vehicle Collision Repair Registration Fund (Fund	9815
5H9) to the Central Service Agency Fund (Fund 115). The	9816
appropriation item 100-632, Central Service Agency, shall be used	9817
to purchase the necessary equipment, products, and services to	9818
maintain a local area network for the professional licensing	9819
boards, and to support their licensing applications in fiscal	9820
years 2004 and 2005. The amount of the cash transfer is	9821
appropriated to appropriation item 100-632, Central Service	9822
Agency.	9823

Sec. 12.  AGR DEPARTMENT OF AGRICULTURE

9824

General Revenue Fund

9825

Federal Special Revenue Fund Group

9846

State Special Revenue Fund Group

9856

Clean Ohio Fund Group

9879

Holding Account Redistribution Fund Group

9882

ANIMAL DAMAGE CONTROL

9886

Of the foregoing appropriation item 700-405, Animal Damage	9887
Control, $50,000 shall be used in each fiscal year for coyote and	9888
black vulture indemnification.	9889

INTERNATIONAL TRADE AND MARKET DEVELOPMENT

9890

Of the foregoing appropriation item 700-411, International	9891
Trade and Market Development, $100,000 shall be used in fiscal	9892
year 2004 for the Ohio-Israel Agricultural Initiative.	9893

FAMILY FARM LOAN PROGRAM

9894

Notwithstanding Chapter 166. of the Revised Code, up to	9895
$1,500,000 in each fiscal year shall be transferred from moneys in	9896
the Facilities Establishment Fund (Fund 037) to the Family Farm	9897
Loan Fund (Fund 5H1) in the Department of Development. These	9898
moneys shall be used for loan guarantees. The transfer is subject	9899
to Controlling Board approval.	9900

Financial assistance from the Family Farm Loan Fund (Fund	9901
5H1) shall be repaid to Fund 5H1. This fund is established in	9902
accordance with sections 166.031, 901.80, 901.81, 901.82, and	9903
901.83 of the Revised Code.	9904

When the Family Farm Loan Fund (Fund 5H1) ceases to exist,	9905
all outstanding balances, all loan repayments, and any other	9906
outstanding obligations shall revert to the Facilities	9907
Establishment Fund (Fund 037).	9908

CLEAN OHIO AGRICULTURAL EASEMENT

9909

The foregoing appropriation item 700-632, Clean Ohio	9910
Agricultural Easement, shall be used by the Department of	9911
Agriculture in administering sections 901.21, 901.22, and 5301.67	9912
to 5301.70 of the Revised Code.	9913

FARM SERVICE ELECTRONIC FILING

9914

As soon as possible on or after July 1, 2003, the Director of	9915
Budget and Management shall make a one-time cash transfer of	9916
$60,000 from Fund 382, Cooperative Contracts, to Fund XXX, Farm	9917
Service Electronic Filing Fund, in fiscal year 2004. The Farm	9918
Service Electronic Filing Fund shall be administered by the	9919
Department of Agriculture.	9920

COOPERATIVE CONTRACTS

9921

The Director of Budget and Management shall transfer the cash	9922
balance as of the effective date of this amendment from Fund 5Y7,	9923
Farm Service Agency Electronic Filing Fund, to Fund 382,	9924
Cooperative Contracts. Encumbrances from appropriation item	9925
700-XXX, Farm Service Electronic Filing, shall be canceled and	9926
re-established in appropriation item 700-601, Cooperative	9927
Contracts. Those amounts are hereby appropriated. Fund 5Y7, Farm	9928
Service Agency Electronic Filing Fund, is hereby closed. The	9929
definition of Fund 382 is hereby expanded to include revenue from	9930
the United States Farm Service Agency. The use of the money is	9931
hereby expanded to include fees charged in advance by the	9932
Secretary of State for electronic filing related to Farm Service	9933
Agency agricultural loans.	9934

Sec. 38.12. SHOVEL READY SITES

9935

The foregoing appropriation item 195-516, Shovel Ready Sites,	9936
shall be used for the Shovel Ready Sites Program.	9937

The Director of Development shall contractmake grants for	9938
pilot projects withto three port authorities or development	9939
entities approved by the Director, two of which shall be from	9940
urban counties with populations of at least 200,000 but not more	9941
than 600,000 residents, and one of which shall be from a rural	9942
county. Fiscal year 2004 grant funds shall be advanced to the port	9943
authorities or development entities and shall be available for	9944
immediate use on the pilot projects. At any time after July 1,	9945
2004, and upon documentation of expenditure of at least 90 per	9946
cent of the fiscal year 2004 funds, fiscal year 2005 funds shall	9947
be advanced and shall be available for immediate use on the pilot	9948
projects. The appropriation shall be used to leverage federal	9949
funds, local funds, or both, to provideas grants for the	9950
preparation of sites for immediate construction for, including the	9951
costs related to the acquisition of property, including options;	9952
site preparation, including brownfield cleanup activities; the	9953
construction of road, water, telecommunication, and utility	9954
infrastructure; and professional fees related to the pilot	9955
projects in the state. Professional fees shall not exceed 20 per	9956
cent of the grant amount. The port authorities or development	9957
entities shall enter into an agreement with the Director, in a	9958
format determined by the Director, governing the use of the funds.	9959

Sec. 41.06.  EDUCATION MANAGEMENT INFORMATION SYSTEM

9960

The foregoing appropriation item 200-446, Education	9961
Management Information System, shall be used by the Department of	9962
Education to improve the Education Management Information System	9963
(EMIS).	9964

Of the foregoing appropriation item 200-446, Education	9965
Management Information System, up to $1,295,857 in each fiscal	9966
year shall be distributed to designated data acquisition sites for	9967
costs relating to processing, storing, and transferring data for	9968
the effective operation of the EMIS. These costs may include, but	9969
are not limited to, personnel, hardware, software development,	9970
communications connectivity, professional development, and support	9971
services, and to provide services to participate in the State	9972
Education Technology Plan pursuant to section 3301.07 of the	9973
Revised Code.	9974

Of the foregoing appropriation item 200-446, Education	9975
Management Information System, up to $8,055,189 in each fiscal	9976
year shall be distributed on a per-pupil basis to school	9977
districts, community schools established under Chapter 3314. of	9978
the Revised Code, education service centers, joint vocational	9979
school districts, and any other education entity that reports data	9980
through EMIS. From this funding, each school district or community	9981
school established under Chapter 3314. of the Revised Code with	9982
enrollment greater than 100 students and each vocational school	9983
district shall receive a minimum of $5,000 in each fiscal year.	9984
Each school district or community school established under Chapter	9985
3314. of the Revised Code with enrollment between one and one	9986
hundred and each education service center and each county board of	9987
MR/DD that submits data through EMIS shall receive $3,000 in each	9988
fiscal year. This subsidy shall be used for costs relating to	9989
reporting, processing, storing, transferring, and exchanging data	9990
necessary to meet requirements of the Department of Education's	9991
data system.	9992

Of the foregoing appropriation item 200-446, Education	9993
Management Information System, $782,500 in each fiscal year shall	9994
be used by the Department of Education, in consultation with an	9995
advisory group of school districts, community schools, and other	9996
education-related entities, for the development and implementation	9997
of a common core of Education Management Information System data	9998
definitions and data format standards. Once these definitions and	9999
standards have been developed, they shall be approved by the	10000
Education Data Advisory Council. Once the standards are approved	10001
by the Education Data Advisory Council, any software meeting the	10002
standards shall be designated as an approved vendor and may enter	10003
into contracts with local school districts, community schools,	10004
data acquisition centers, or other educational entities for the	10005
purpose of collecting and managing data required under Ohio's	10006
education management information system (EMIS) laws. On an annual	10007
basis, the Department of Education shall convene an advisory group	10008
of school districts, community schools, and other	10009
education-related entities to review the Education Management	10010
Information System data definitions and data format standards. The	10011
advisory group shall recommend changes and enhancements based upon	10012
surveys of its members, education agencies in other states, and	10013
current industry practices, to reflect best practices, align with	10014
federal initiatives, and meet the needs of school districts.	10015

School districts and community schools shall implement a	10016
common and uniform set of data definitions and data format	10017
standards for Education Management Information System purposes by	10018
July 1, 2004. The Department of Education shall work with data	10019
acquisition sites and their member school districts and community	10020
schools to implement those uniform standards. School districts and	10021
community schools that do not adopt and implement the uniform data	10022
definitions and standards by July 1, 2004, as jointly determined	10023
by the Department of Education software development team and the	10024
advisory group shall have all EMIS funding withheld until they are	10025
in compliance.	10026

GED TESTING/ADULT HIGH SCHOOL

10027

The foregoing appropriation item 200-447, GED Testing/Adult	10028
High School, shall be used to provide General Educational	10029
Development (GED) testing at no cost to applicants, pursuant to	10030
rules adopted by the State Board of Education. The Department of	10031
Education shall reimburse school districts and community schools,	10032
created in accordance with Chapter 3314. of the Revised Code, for	10033
a portion of the costs incurred in providing summer instructional	10034
or intervention services to students who have not graduated due to	10035
their inability to pass one or more parts of the state's ninth	10036
grade proficiency test. School districts shall also provide such	10037
services to students who are residents of the district pursuant to	10038
section 3313.64 of the Revised Code, but who are enrolled in	10039
chartered, nonpublic schools. The services shall be provided in	10040
the public school, in nonpublic schools, in public centers, or in	10041
mobile units located on or off the nonpublic school premises. No	10042
school district shall provide summer instructional or intervention	10043
services to nonpublic school students as authorized by this	10044
section unless such services are available to students attending	10045
the public schools within the district. No school district shall	10046
provide services for use in religious courses, devotional	10047
exercises, religious training, or any other religious activity.	10048
Chartered, nonpublic schools shall pay for any unreimbursed costs	10049
incurred by school districts for providing summer instruction or	10050
intervention services to students enrolled in chartered, nonpublic	10051
schools. School districts may provide these services to students	10052
directly or contract with postsecondary or nonprofit	10053
community-based institutions in providing instruction. The	10054
appropriation also shall be used for state reimbursement to school	10055
districts for adult high school continuing education programs	10056
pursuant to section 3313.531 of the Revised Code or for costs	10057
associated with awarding adult high school diplomas under section	10058
3313.611 of the Revised Code.	10059

EDUCATOR PREPARATION

10060

The foregoing appropriation item 200-448, Educator	10061
Preparation, shall be used by the Ohio Teacher Education and	10062
Licensure Advisory Commission to carry out the responsibilities of	10063
the 21-member Ohio Teacher Education and Licensure Advisory	10064
Commission. The advisory commission is charged by the State Board	10065
of Education with considering all matters related to educator	10066
preparation and licensure, including standards for educator	10067
preparation and licensure, approval of institutions and programs,	10068
and recommending decisions to the State Board of Education.	10069

TITLE IV-A HEAD START AND TITLE IV-A HEAD START PLUS START UP

10070

The foregoing appropriation item 200-449, Head Start/Head	10071
Start Plus Start Up, shall be used to provide start up grants for	10072
Title IV-A reimbursable funding for the provision of services to	10073
children eligible for Title IV-A services. In fiscal year 2004,	10074
these grants shall be provided to Title IV-A Head Start agencies.	10075
In fiscal year 2005, these grants shall be provided to Title IV-A	10076
Head Start agencies and Title IV-A Head Start Plus agencies. The	10077
amount of each grant shall be determined by the Department of	10078
Education. In fiscal year 2005, up to $100,000 may be used by the	10079
Department of Education to provide associated program support and	10080
technical assistance. Funds appropriated for this purpose shall be	10081
reimbursed to the General Revenue Fund when the Title IV-A Head	10082
Start or Title IV-A Head Start Plus programs cease or are no	10083
longer funded from Title IV-A. If one program ceases or is no	10084
longer funded with Title IV-A funds, the General Revenue Fund will	10085
be reimbursed for that program.	10086

If a Title IV-A Head Start agency or Title IV-A Head Start	10087
Plus agency chooses not to participate in the program or if the	10088
Department orof Education suspends or terminates part or all of	10089
its funding, reimbursement owed to the grantee shall be held by	10090
the Department of Education up to the amount of the grant owed by	10091
the grantee. If insufficient reimbursement is available to recover	10092
the amount owed by the grantee, the grantee shall return the	10093
remaining balance within 60 days of the date of the decision not	10094
to participate, the suspension, or the termination. Funding	10095
recovered from such grantees shall be used by the Department of	10096
Education for supplying grants to new grantees for Title IV-A	10097
reimbursable funding for provision of services to children	10098
eligible for Title IV-A services. Any funding remaining when the	10099
Title IV-A Head Start and the Title IV-A Head Start Plus programs	10100
cease or are no longer funded with Title IV-A funds shall be	10101
returned to the General Revenue Fund.	10102

The Title IV-A Head Start Plus agency that is receiving funds	10103
to operate a Head Start program in accordance with section 3301.35	10104
of the Revised Code shall provide the program through contracts	10105
with child care providers licensed or certified in accordance with	10106
Chapter 5104. of the Revised Code. If a licensed or certified	10107
child care provider is not in operation or willing to participate	10108
and if eligible families are in need of full-day and full-year	10109
Head Start and child care services, the Title IV-A Head Start Plus	10110
agency may be the sole source provider.	10111

TEACHING SUCCESS COMMISSION INITIATIVES

10112

The foregoing appropriation item 200-452, Teaching Success	10113
Commission Initiatives, shall be used by the Department of	10114
Education to support initiatives recommended by the Governor's	10115
Commission on Teaching Success.	10116

COMMUNITY SCHOOLS

10117

Of the foregoing appropriation item 200-455, Community	10118
Schools, up to $1,308,661 in each fiscal year may be used by the	10119
Department of Education for additional services and	10120
responsibilities under section 3314.11 of the Revised Code.	10121

Of the foregoing appropriation item 200-455, Community	10122
Schools, up to $250,000 in each fiscal year may be used by the	10123
Department of Education for developing and conducting training	10124
sessions for sponsors and prospective sponsors of community	10125
schools as prescribed in division (A)(1) of section 3314.015 of	10126
the Revised Code. In developing such training sessions, the	10127
Department shall collect and disseminate examples of best	10128
practices used by sponsors of independent charter schools in Ohio	10129
and other states.	10130

The remaining appropriation may be used by the Department of	10131
Education to make grants of up to $50,000 to each proposing group	10132
with a preliminary agreement obtained under division (C)(2) of	10133
section 3314.02 of the Revised Code in order to defray planning	10134
and initial start-up costs. In the first year of operation of a	10135
community school, the Department of Education may make a grant of	10136
not more than $100,000 to the governing authority of the school to	10137
partially defray additional start-up costs. The amount of the	10138
grant shall be based on a thorough examination of the needs of the	10139
community school. The Department of Education shall not utilize	10140
moneys received under this section for any other purpose other	10141
than those specified under this section.	10142

A community school awarded start-up grants from appropriation	10143
item 200-613, Public Charter Schools (Fund 3T4), shall not be	10144
eligible for grants under this section.	10145

Sec. 41.13. SPECIAL EDUCATION ENHANCEMENTS

10146

Of the foregoing appropriation item 200-540, Special	10147
Education Enhancements, up to $44,204,000 in fiscal year 2004 and	10148
up to $45,441,712 in fiscal year 2005 shall be used to fund	10149
special education and related services at county boards of mental	10150
retardation and developmental disabilities for eligible students	10151
under section 3317.20 of the Revised Code. Up to $2,452,125 shall	10152
be used in each fiscal year to fund special education classroom	10153
and related services units at institutions.	10154

Of the foregoing appropriation item 200-540, Special	10155
Education Enhancements, up to $2,906,875 in each fiscal year shall	10156
be used for home instruction for children with disabilities; up to	10157
$1,462,500 in each fiscal year shall be used for parent mentoring	10158
programs; and up to $2,783,396 in each fiscal year may be used for	10159
school psychology interns.	10160

Of the foregoing appropriation item 200-540, Special	10161
Education Enhancements, $3,406,090 in each fiscal year shall be	10162
used by the Department of Education to assist school districts in	10163
funding aides pursuant to paragraph (A)(3)(c)(i)(b) of rule	10164
3301-51-04 of the Administrative Code.	10165

Of the foregoing appropriation item 200-540, Special	10166
Education Enhancements, $78,384,498 in each fiscal year shall be	10167
distributed by the Department of Education to county boards of	10168
mental retardation and developmental disabilities, educational	10169
service centers, and school districts for preschool special	10170
education units and preschool supervisory units in accordance with	10171
section 3317.161 of the Revised Code. The departmentDepartment	10172
may reimburse county boards of mental retardation and	10173
developmental disabilities, educational service centers, and	10174
school districts for related services as defined in rule	10175
3301-31-053301-51-11 of the Administrative Code, for preschool	10176
occupational and physical therapy services provided by a physical	10177
therapy assistant and certified occupational therapy assistant,	10178
and for an instructional assistant. To the greatest extent	10179
possible, the Department of Education shall allocate these units	10180
to school districts and educational service centers. The	10181
Controlling Board may approve the transfer of unallocated funds	10182
from appropriation item 200-501, Base Cost Funding, to	10183
appropriation item 200-540, Special Education Enhancements, to	10184
fully fund existing units as necessary or to fully fund additional	10185
units. The Controlling Board may approve the transfer of	10186
unallocated funds from appropriation item 200-540, Special	10187
Education Enhancements, to appropriation item 200-501, Base Cost	10188
Funding, to fully fund the special education weight cost funding.	10189

The Department of Education shall require school districts,	10190
educational service centers, and county MR/DD boards serving	10191
preschool children with disabilities to document child progress	10192
using research-based indicators prescribed by the Department and	10193
report results annually. The reporting dates and methodology shall	10194
be determined by the Department.	10195

Of the foregoing appropriation item 200-540, Special	10196
Education Enhancements, $315,000 in each fiscal year shall be	10197
expended to conduct a demonstration project involving language and	10198
literacy intervention teams supporting student acquisition of	10199
language and literacy skills. The demonstration project shall	10200
demonstrate improvement of language and literacy skills of at-risk	10201
learners under the instruction of certified speech pathologists	10202
and educators. Baseline data shall be collected and comparison	10203
data for fiscal year 2004 and fiscal year 2005 shall be collected	10204
and reported to the Governor, Ohio ReadsOhioReads Council,	10205
Department of Education, and the General Assembly.	10206

Of the foregoing appropriation item 200-540, Special	10207
Education Enhancements, up to $500,000 in each fiscal year shall	10208
be used for the Research-Based Reading Mentoring Program.	10209

Of the foregoing appropriation item 200-540, Special	10210
Education Enhancements, $600,000 in each fiscal year shall be used	10211
to support the Bellefaire Jewish Children's Bureau.	10212

Sec. 55. OHS OHIO HISTORICAL SOCIETY

10213

General Revenue Fund

10214

SUBSIDY APPROPRIATION

10225

Upon approval by the Director of Budget and Management, the	10226
foregoing appropriation items shall be released to the Ohio	10227
Historical Society in quarterly amounts that in total do not	10228
exceed the annual appropriations. The funds and fiscal records of	10229
the society for fiscal years 2004 and 2005 shall be examined by	10230
independent certified public accountants approved by the Auditor	10231
of State, and a copy of the audited financial statements shall be	10232
filed with the Office of Budget and Management. The society shall	10233
prepare and submit to the Office of Budget and Management the	10234
following:	10235

(A) An estimated operating budget for each fiscal year of the	10236
biennium. The operating budget shall be submitted at or near the	10237
beginning of each year.	10238

(B) Financial reports, indicating actual receipts and	10239
expenditures for the fiscal year to date. These reports shall be	10240
filed at least semiannually during the fiscal biennium.	10241

The foregoing appropriations shall be considered to be the	10242
contractual consideration provided by the state to support the	10243
state's offer to contract with the Ohio Historical Society under	10244
section 149.30 of the Revised Code. If the Ohio Historical Society	10245
accepts this contractual offer, the society may not, during fiscal	10246
year 2004 or 2005, close any of the sites operated by the society	10247
as of the effective date of this section.	10248

Not later than May 15, 2004, the Ohio Historical Society	10249
shall submit to the Controlling Board a plan for the	10250
implementation of the recommendations of the Select Committee to	10251
Study the Effectiveness of Ohio's Historical Programs and	10252
Partnerships. No appropriations to the society for fiscal year	10253
2005 may be expended without prior approval of the implementation	10254
plan by the Controlling Board.	10255

HAYES PRESIDENTIAL CENTER

10256

If a United States government agency, including, but not	10257
limited to, the National Park Service, chooses to take over the	10258
operations or maintenance of the Hayes Presidential Center, in	10259
whole or in part, the Ohio Historical Society shall make	10260
arrangements with the National Park Service or other United States	10261
government agency for the efficient transfer of operations or	10262
maintenance.	10263

HISTORICAL GRANTS

10264

Of the foregoing appropriation item 360-508, Historical	10265
Grants, $91,667$100,000 in each fiscal year 2004 and $88,571 in	10266
fiscal year 2005 shall be distributed to the Hebrew Union College	10267
in Cincinnati for the Center for Holocaust and Humanity Education,	10268
$137,500$150,000 in fiscal year 2004 shall be distributed to the	10269
National Underground Railroad Freedom Center in Cincinnati,	10270
$229,167$250,000 in each fiscal year 2004 and $221,430 in fiscal	10271
year 2005 shall be distributed to the Great Lakes Historical	10272
Society in Vermilion, $733,333$800,000 in each fiscal year 2004	10273
and $708,571 in fiscal year 2005 shall be distributed to the	10274
Western Reserve Historical Society in Cleveland, $458,333$500,000	10275
in fiscal year 2004 shall be distributed to the Village of	10276
Dennison for the Historical Center Street District, $91,667	10277
$100,000 in each fiscal year 2004 and $88,571 in fiscal year 2005	10278
shall be distributed to the Harbor Heritage Society Steamship	10279
Mather in Cleveland, and $458,333$500,000 in each fiscal year	10280
2004 and $442,857 in fiscal year 2005 shall be distributed to the	10281
Cincinnati Museum Center.	10282

OHIO BICENTENNIAL COMMISSION ROYALTIES

10283

Notwithstanding any previous arrangement to the contrary, the	10284
Ohio Bicentennial Commission shall keep the first $100,000 in	10285
earned royalties associated with the Ohio Bicentennial logo during	10286
the 2004-2005 biennium. This $100,000 shall be used to cover the	10287
operating expenses of the Ohio Bicentennial Commission in fiscal	10288
year 2005. The remaining moneys collected from royalties	10289
associated with the Ohio Bicentennial logo shall be deposited into	10290
the General Revenue Fund, of which $350,000 shall be distributed	10291
to the Ohio Historical Society for use in appropriation item	10292
360-403, Adena - Worthington Home.	10293

Sec. 59.  JFS DEPARTMENT OF JOB AND FAMILY SERVICES

10294

General Revenue Fund

10295

General Services Fund Group

10333

Federal Special Revenue Fund Group

10341

State Special Revenue Fund Group

10368

Agency Fund Group

10390

Holding Account Redistribution Fund Group

10395

Sec. 59.29. OHIO COMMISSION TO REFORM MEDICAID

10401

There is hereby established the Ohio Commission to Reform	10402
Medicaid, which shall consist of nine members: three appointed by	10403
the Governor, three appointed by the Speaker of the House of	10404
Representatives, and three appointed by the President of the	10405
Senate. Appointments shall be made not later than ninety days	10406
after the effective date of this sectionJune 26, 2003. All	10407
members shall serve at the pleasure of the appointing authority.	10408
Members shall serve without compensation. Vacancies shall be	10409
filled in the manner of original appointments.	10410

The members of the Commission shall serve without	10411
compensation but shall be reimbursed in accordance with rules	10412
adopted under section 126.31 of the Revised Code for all actual	10413
and necessary expenses incurred on or after the effective date of	10414
this amendment in the performance of their official duties on the	10415
Commission.	10416

A member of the Commission shall be considered present at a	10417
Commission meeting even though the member's participation is	10418
through a telephone conference call if the meeting's purpose is to	10419
gather information, no votes are taken at the meeting, and a room	10420
is made available for the public to observe the meeting.	10421

The Commission shall conduct a complete review of the state	10422
Medicaid program and shall make recommendations for comprehensive	10423
reform and cost containment. The Commission shall submit a report	10424
of its findings and recommendations to the Governor, Speaker, and	10425
Senate President not later than January 1, 2005.	10426

The Commission may hire a staff director and additional	10427
employees to provide technical support.	10428

The Director of Job and Family Services shall, on behalf of	10429
the Commission, seek federal financial participation for the	10430
administrative costs of the Commission.	10431

Sec. 66.  LIB STATE LIBRARY BOARD

10432

General Revenue Fund

10433

General Services Fund Group

10441

Federal Special Revenue Fund Group

10447

OHIOANA RENTAL PAYMENTS

10452

The foregoing appropriation item 350-401, Ohioana Rental	10453
Payments, shall be used to pay the rental expenses of the Martha	10454
Kinney Cooper Ohioana Library Association pursuant to section	10455
3375.61 of the Revised Code.	10456

CINCINNATI PUBLIC LIBRARY

10457

The foregoing appropriation item 350-501, Cincinnati Public	10458
Library, shall be used for the Talking Book program, which assists	10459
the blind and disabled.	10460

REGIONAL LIBRARY SYSTEMS

10461

The foregoing appropriation item 350-502, Regional Library	10462
Systems, shall be used to support regional library systems	10463
eligible for funding under sectionsections 3375.83 and 3375.90 of	10464
the Revised Code.	10465

CLEVELAND PUBLIC LIBRARY

10466

The foregoing appropriation item 350-503, Cleveland Public	10467
Library, shall be used for the Talking Book program, which assists	10468
the blind and disabled.	10469

OHIO PUBLIC LIBRARY INFORMATION NETWORK

10470

The foregoing appropriation items 350-604, OPLIN Technology,	10471
and, in fiscal year 2005, 350-400, Ohio Public Library Information	10472
Network, shall be used for an information telecommunications	10473
network linking public libraries in the state and such others as	10474
may be certified as participants by the Ohio Public Library	10475
Information Network Board.	10476

The Ohio Public Library Information Network Board shall	10477
consist of eleven members appointed by the State Library Board	10478
from among the staff of public libraries and past and present	10479
members of boards of trustees of public libraries, based on the	10480
recommendations of the Ohio library community. The Ohio Public	10481
Library Information Network Board, in consultation with the State	10482
Library, shall develop a plan of operations for the network. The	10483
board may make decisions regarding use of the foregoing OPLIN	10484
appropriation items 350-400 and 350-604 and may receive and expend	10485
grants to carry out the operations of the network in accordance	10486
with state law and the authority to appoint and fix the	10487
compensation of a director and necessary staff. The State Library	10488
shall be the fiscal agent for the network and shall have fiscal	10489
accountability for the expenditure of funds. The Ohio Public	10490
Library Information Network Board members shall be reimbursed for	10491
actual travel and necessary expenses incurred in carrying out	10492
their responsibilities.	10493

In order to limit access to obscene and illegal materials	10494
through internet use at Ohio Public Library Information Network	10495
(OPLIN) terminals, local libraries with OPLIN computer terminals	10496
shall adopt policies that control access to obscene and illegal	10497
materials. These policies may include use of technological systems	10498
to select or block certain internet access. The OPLIN shall	10499
condition provision of its funds, goods, and services on	10500
compliance with these policies. The OPLIN Board shall also adopt	10501
and communicate specific recommendations to local libraries on	10502
methods to control such improper usage. These methods may include	10503
each library implementing a written policy controlling such	10504
improper use of library terminals and requirements for parental	10505
involvement or written authorization for juvenile internet usage.	10506

The OPLIN Board shall research and assist or advise local	10507
libraries with regard to emerging technologies and methods that	10508
may be effective means to control access to obscene and illegal	10509
materials. The OPLIN Executive Director shall biannually provide	10510
written reports to the Governor, the Speaker and Minority Leader	10511
of the House of Representatives, and the President and Minority	10512
Leader of the Senate on any steps being taken by OPLIN and public	10513
libraries in the state to limit and control such improper usage as	10514
well as information on technological, legal, and law enforcement	10515
trends nationally and internationally affecting this area of	10516
public access and service.	10517

The Ohio Public Library Information Network, InfOhio, and	10518
OhioLink shall, to the extent feasible, coordinate and cooperate	10519
in their purchase or other acquisition of the use of electronic	10520
databases for their respective users and shall contribute funds in	10521
an equitable manner to such effort.	10522

TRANSFER TO OPLIN TECHNOLOGY FUND

10523

Notwithstanding sections 5747.03 and 5747.47 of the Revised	10524
Code and any other provision of law to the contrary, in accordance	10525
with a schedule established by the Director of Budget and	10526
Management, the Director of Budget and Management shall transfer	10527
up to $5,000,000 in fiscal year 2004 from the Library and Local	10528
Government Support Fund (Fund 065) to the OPLIN Technology Fund	10529
(Fund 4S4).	10530

Sec. 89.  BOR BOARD OF REGENTS

10531

General Revenue Fund

10532

General Services Fund Group

10602

Federal Special Revenue Fund Group

10607

State Special Revenue Fund Group

10619

Sec. 89.04. STATE SHARE OF INSTRUCTION

10628

As soon as practicable during each fiscal year of the	10629
2003-2005 biennium in accordance with instructions of the Board of	10630
Regents, each state-assisted institution of higher education shall	10631
report its actual enrollment to the Board of Regents.	10632

The Board of Regents shall establish procedures required by	10633
the system of formulas set out below and for the assignment of	10634
individual institutions to categories described in the formulas.	10635
The system of formulas establishes the manner in which aggregate	10636
expenditure requirements shall be determined for each of the three	10637
components of institutional operations. In addition to other	10638
adjustments and calculations described below, the subsidy	10639
entitlement of an institution shall be determined by subtracting	10640
from the institution's aggregate expenditure requirements income	10641
to be derived from the local contributions assumed in calculating	10642
the subsidy entitlements. The local contributions for purposes of	10643
determining subsidy support shall not limit the authority of the	10644
individual boards of trustees to establish fee levels.	10645

The General Studies and Technical models shall be adjusted by	10646
the Board of Regents so that the share of state subsidy earned by	10647
those models is not altered by changes in the overall local share.	10648
A lower-division fee differential shall be used to maintain the	10649
relationship that would have occurred between these models and the	10650
baccalaureate models had an assumed share of 37 per cent been	10651
funded.	10652

In defining the number of full-time equivalent (FTE) students	10653
for state subsidy purposes, the Board of Regents shall exclude all	10654
undergraduate students who are not residents of Ohio, except those	10655
charged in-state fees in accordance with reciprocity agreements	10656
made pursuant to section 3333.17 of the Revised Code or employer	10657
contracts entered into pursuant to section 3333.32 of the Revised	10658
Code.	10659

(A) AGGREGATE EXPENDITURE PER FULL-TIME EQUIVALENT STUDENT

10660

(1) INSTRUCTION AND SUPPORT SERVICES

10661

(2) STUDENT SERVICES

10677

For this purpose, FTE counts shall be weighted to reflect	10678
differences among institutions in the numbers of students enrolled	10679
on a part-time basis. The student services subsidy per FTE shall	10680
be $822 in fiscal year 2004 and $903 in fiscal year 2005 for all	10681
models.	10682

(B) PLANT OPERATION AND MAINTENANCE (POM)

10683

(1) DETERMINATION OF THE SQUARE-FOOT-BASED POM SUBSIDY

10684

Space undergoing renovation shall be funded at the rate	10685
allowed for storage space.	10686

In the calculation of square footage for each campus, square	10687
footage shall be weighted to reflect differences in space	10688
utilization.	10689

The space inventories for each campus shall be those	10690
determined in the fiscal year 2003 state share of instruction	10691
calculation, adjusted for changes attributable to the construction	10692
or renovation of facilities for which state appropriations were	10693
made or local commitments were made prior to January 1, 1995.	10694

Only 50 per cent of the space permanently taken out of	10695
operation in fiscal year 2004 or fiscal year 2005 that is not	10696
otherwise replaced by a campus shall be deleted from the plant	10697
operation and maintenance space inventory.	10698

The square-foot-based plant operation and maintenance subsidy	10699
for each campus shall be determined as follows:	10700

(a) For each standard room type category shown below, the	10701
subsidy-eligible net assignable square feet (NASF) for each campus	10702
shall be multiplied by the following rates, and the amounts summed	10703
for each campus to determine the total gross square-foot-based POM	10704
expenditure requirement:	10705

(b) The total gross square-foot POM expenditure requirement	10714
shall be allocated to models in proportion to FTE enrollments as	10715
reported in enrollment dataeach campus's activity-based POM	10716
weight multiplied by the two- or five-year average	10717
subsidy-eligible FTEs for all models except Doctoral I and	10718
Doctoral II.	10719

(c) The amounts allocated to models in division (B)(1)(b) of	10720
this section shall be multiplied by the ratio of subsidy-eligible	10721
FTE students to total FTE students reported in each model, and the	10722
amounts summed for all models. To this total amount shall be added	10723
an amount to support roads and grounds expenditures, which shall	10724
also be multiplied by the ratio of subsidy-eligible FTE students	10725
to total FTEs reported for each model. From this total amount, the	10726
amounts for Doctoral I and Doctoral II shall be subtracted to	10727
produce the total square-foot-based POM subsidy.	10728

(2) DETERMINATION OF THE ACTIVITY-BASED POM SUBSIDY

10729

(a) The number of subsidy-eligible FTE students in each model	10730
shall be multiplied by the following rates for each campus for	10731
each fiscal year.	10732

(b) The sum of the products for each campus determined in	10748
division (B)(2)(a) of this section for all models except Doctoral	10749
I and Doctoral II for each fiscal year shall be weighted by a	10750
factor to reflect sponsored research activity and job	10751
training-related public services expenditures to determine the	10752
total activity-based POM subsidy.	10753

(C) CALCULATION OF CORE SUBSIDY ENTITLEMENTS AND ADJUSTMENTS

10754

(1) CALCULATION OF CORE SUBSIDY ENTITLEMENTS

10755

The calculation of the core subsidy entitlement shall consist	10756
of the following components:	10757

(a) For each campus and for each fiscal year, the core	10758
subsidy entitlement shall be determined by multiplying the amounts	10759
listed above in divisions (A)(1) and (2) and (B)(2) of this	10760
section less assumed local contributions, by (i) average	10761
subsidy-eligible FTEs for the two-year period ending in the prior	10762
year for all models except Doctoral I and Doctoral II; and (ii)	10763
average subsidy-eligible FTEs for the five-year period ending in	10764
the prior year for all models except Doctoral I and Doctoral II.	10765

(b) In calculating the core subsidy entitlements for Medical	10766
II models only, the Board of Regents shall use the following count	10767
of FTE students:	10768

(i) For those medical schools whose current year enrollment,	10769
including students repeating terms, is below the base enrollment,	10770
the Medical II FTE enrollment shall equal: 65 per cent of the base	10771
enrollment plus 35 per cent of the current year enrollment	10772
including students repeating terms, where the base enrollment is:	10773

(ii) For those medical schools whose current year enrollment,	10780
excluding students repeating terms, is equal to or greater than	10781
the base enrollment, the Medical II FTE enrollment shall equal the	10782
base enrollment plus the FTE for repeating students.	10783

(iii) Students repeating terms may be no more than five per	10784
cent of current year enrollment.	10785

(c) The Board of Regents shall compute the sum of the two	10786
calculations listed in division (C)(1)(a) of this section and use	10787
the greater sum as the core subsidy entitlement.	10788

The POM subsidy for each campus shall equal the greater of	10789
the square-foot-based subsidy or the activity-based POM subsidy	10790
component of the core subsidy entitlement.	10791

(d) The state share of instruction provided for doctoral	10792
students shall be based on a fixed percentage of the total	10793
appropriation. In each fiscal year of the biennium not more than	10794
10.34 per cent of the total state share of instruction shall be	10795
reserved to implement the recommendations of the Graduate Funding	10796
Commission. It is the intent of the General Assembly that the	10797
doctoral reserve not exceed 10.34 per cent of the total state	10798
share of instruction to implement the recommendations of the	10799
Graduate Funding Commission. The Board of Regents may reallocate	10800
up to two per cent in each fiscal year of the reserve among the	10801
state-assisted universities on the basis of a quality review as	10802
specified in the recommendations of the Graduate Funding	10803
Commission. No such reallocation shall occur unless the Board of	10804
Regents, in consultation with representatives of state-assisted	10805
universities, determines that sufficient funds are available for	10806
this purpose.	10807

The amount so reserved shall be allocated to universities in	10808
proportion to their share of the total number of Doctoral I	10809
equivalent FTEs as calculated on an institutional basis using the	10810
greater of the two-year or five-year FTEs for the period fiscal	10811
year 1994 through fiscal year 1998 with annualized FTEs for fiscal	10812
years 1994 through 1997 and all-term FTEs for fiscal year 1998 as	10813
adjusted to reflect the effects of doctoral review and subsequent	10814
changes in Doctoral I equivalent enrollments. For the purposes of	10815
this calculation, Doctoral I equivalent FTEs shall equal the sum	10816
of Doctoral I FTEs plus 1.5 times the sum of Doctoral II FTEs.	10817

(2) ANNUAL STATE SHARE OF INSTRUCTION FUNDING GUARANTEE

10818

In addition to and after the other adjustment noted above, in	10819
fiscal year 2004, no campus shall receive a state share of	10820
instruction allocation that is less than 100 per cent of the prior	10821
year's state share of instruction amount. In fiscal year 2005, no	10822
campus shall receive a state share of instruction allocation that	10823
is less than 99 per cent of what that campus' state share of	10824
instruction would have been had the allocation in fiscal year 2004	10825
been not less than 99 per cent, rather than 100 per cent, of the	10826
prior year's state share of instruction amount.	10827

(3) CAPITAL COMPONENT DEDUCTION

10828

After all other adjustments have been made, state share of	10829
instruction earnings shall be reduced for each campus by the	10830
amount, if any, by which debt service charged in Am. H.B. No. 748	10831
of the 121st General Assembly, Am. Sub. H.B. No. 850 of the 122nd	10832
General Assembly, Am. H.B. No. 640 of the 123rd General Assembly,	10833
and H.B. No. 675 of the 124th General Assembly for that campus	10834
exceeds that campus's capital component earnings. The sum of the	10835
amounts deducted shall be transferred to appropriation item	10836
235-552, Capital Component, in each fiscal year.	10837

(D) REDUCTIONS IN EARNINGS

10838

If the total state share of instruction earnings in any	10839
fiscal year exceed the total appropriations available for such	10840
purposes, the Board of Regents shall proportionately reduce the	10841
state share of instruction earnings for all campuses by a uniform	10842
percentage so that the system wide sum equals available	10843
appropriations.	10844

(E) EXCEPTIONAL CIRCUMSTANCES

10845

Adjustments may be made to the state share of instruction	10846
payments and other subsidies distributed by the Board of Regents	10847
to state-assisted colleges and universities for exceptional	10848
circumstances. No adjustments for exceptional circumstances may be	10849
made without the recommendation of the Chancellor and the approval	10850
of the Controlling Board.	10851

(F) MID-YEAR APPROPRIATION REDUCTIONS TO THE STATE SHARE OF	10852
INSTRUCTION	10853

The standard provisions of the state share of instruction	10854
calculation as described in the preceding sections of temporary	10855
law shall apply to any reductions made to appropriation line item	10856
235-501, State Share of Instruction, before the Board of Regents	10857
has formally approved the final allocation of the state share of	10858
instruction funds for any fiscal year.	10859

Any reductions made to appropriation line item 235-501, State	10860
Share of Instruction, after the Board of Regents has formally	10861
approved the final allocation of the state share of instruction	10862
funds for any fiscal year, shall be uniformly applied to each	10863
campus in proportion to its share of the final allocation.	10864

(G) DISTRIBUTION OF STATE SHARE OF INSTRUCTION

10865

The state share of instruction payments to the institutions	10866
shall be in substantially equal monthly amounts during the fiscal	10867
year, unless otherwise determined by the Director of Budget and	10868
Management pursuant to section 126.09 of the Revised Code.	10869
Payments during the first six months of the fiscal year shall be	10870
based upon the state share of instruction appropriation estimates	10871
made for the various institutions of higher education according to	10872
Board of Regents enrollment estimates. Payments during the last	10873
six months of the fiscal year shall be distributed after approval	10874
of the Controlling Board upon the request of the Board of Regents.	10875

(H) LAW SCHOOL SUBSIDY

10876

The state share of instruction to state-supported	10877
universities for students enrolled in law schools in fiscal year	10878
2004 and fiscal year 2005 shall be calculated by using the number	10879
of subsidy-eligible FTE law school students funded by state	10880
subsidy in fiscal year 1995 or the actual number of	10881
subsidy-eligible FTE law school students at the institution in the	10882
fiscal year, whichever is less.	10883

Sec. 89.05.  HIGHER EDUCATION - BOARD OF TRUSTEES

10884

Funds appropriated for instructional subsidies at colleges	10885
and universities may be used to provide such branch or other	10886
off-campus undergraduate courses of study and such master's degree	10887
courses of study as may be approved by the Board of Regents.	10888

In providing instructional and other services to students,	10889
boards of trustees of state-assisted institutions of higher	10890
education shall supplement state subsidies by income from charges	10891
to students. Each board shall establish the fees to be charged to	10892
all students, including an instructional fee for educational and	10893
associated operational support of the institution and a general	10894
fee for noninstructional services, including locally financed	10895
student services facilities used for the benefit of enrolled	10896
students. The instructional fee and the general fee shall	10897
encompass all charges for services assessed uniformly to all	10898
enrolled students. Each board may also establish special purpose	10899
fees, service charges, and fines as required; such special purpose	10900
fees and service charges shall be for services or benefits	10901
furnished individual students or specific categories of students	10902
and shall not be applied uniformly to all enrolled students.	10903
Except for the board of trustees of Miami University, in	10904
implementing the pilot tuition restructuring plan recognized by	10905
this actAm. Sub. H.B. 95 of the 125th General Assembly, a tuition	10906
surcharge shall be paid by all students who are not residents of	10907
Ohio.	10908

The boards of trustees of individual state-assisted	10909
universities, university branch campuses, community colleges,	10910
state community colleges, and technical colleges shall limit	10911
in-state undergraduate instructional and general fee increases for	10912
an academic year over the amounts charged in the prior academic	10913
year to no more than six per cent. In addition to the six per cent	10914
main campus in-state undergraduate instructional and general fee	10915
increase limit established in this section, the Board of Trustees	10916
of The Ohio State University may authorize an additional	10917
university main campus in-state undergraduate instructional and	10918
general fee increase of three per cent for academic years	10919
2003-2004 and 2004-2005. Except for the board of trustees of the	10920
The Ohio State University, the boards of trustees of individual	10921
state-assisted universities, university branch campuses, community	10922
colleges, state community colleges, and technical colleges shall	10923
not authorize combined instructional and general fee increases of	10924
more than six per cent in a single vote. The board of trustees of	10925
The Ohio State University shall not authorize combined	10926
instructional and general fee increases of more than nine per cent	10927
in a single vote. The boards of trustees of individual	10928
state-assisted universities, university branch campuses, community	10929
colleges, state community colleges, and technical colleges may	10930
authorize an additional 3.9 per cent increase in in-state	10931
undergraduate instructional and general fees in a separate vote.	10932
The additional increase shall only be used for providing	10933
scholarships to low-income students, to be known as Access	10934
Scholarship Grants, or to provide additional or improved	10935
technology services to students. These fee increase limitations	10936
apply even if an institutional board of trustees has, prior to the	10937
effective date of this section, voted to assess a higher fee for	10938
the 2003-2004 academic year. These limitations shall not apply to	10939
increases required to comply with institutional covenants related	10940
to their obligations or to meet unfunded legal mandates or legally	10941
binding obligations incurred or commitments made prior to the	10942
effective date of this actAm. Sub. H.B. 95 of the 125th General	10943
Assembly with respect to which the institution had identified such	10944
fee increases as the source of funds. Any increase required by	10945
such covenants and any such mandates, obligations, or commitments	10946
shall be reported by the Board of Regents to the Controlling	10947
Board. These limitations may also be modified by the Board of	10948
Regents, with the approval of the Controlling Board, to respond to	10949
exceptional circumstances as identified by the Board of Regents.	10950

The board of trustees of a state-assisted institution of	10951
higher education shall not authorize a waiver or nonpayment of	10952
instructional fees or general fees for any particular student or	10953
any class of students other than waivers specifically authorized	10954
by law or approved by the Chancellor. This prohibition is not	10955
intended to limit the authority of boards of trustees to provide	10956
for payments to students for services rendered the institution,	10957
nor to prohibit the budgeting of income for staff benefits or for	10958
student assistance in the form of payment of such instructional	10959
and general fees. This prohibition is not intended to limit the	10960
authority of the board of trustees of Miami University in	10961
providing financial assistance to students in implementing the	10962
pilot tuition restructuring plan recognized by this actAm. Sub.	10963
H.B. 95 of the 125th General Assembly.	10964

Except for Miami University, in implementing the pilot	10965
tuition restructuring plan recognized by this actAm. Sub. H.B. 95	10966
of the 125th General Assembly, each state-assisted institution of	10967
higher education in its statement of charges to students shall	10968
separately identify the instructional fee, the general fee, the	10969
tuition charge, and the tuition surcharge. Fee charges to students	10970
for instruction shall not be considered to be a price of service	10971
but shall be considered to be an integral part of the state	10972
government financing program in support of higher educational	10973
opportunity for students.	10974

In providing the appropriations in support of instructional	10975
services at state-assisted institutions of higher education and	10976
the appropriations for other instruction it is the intent of the	10977
General Assembly that faculty members shall devote a proper and	10978
judicious part of their work week to the actual instruction of	10979
students. Total class credit hours of production per quarter per	10980
full-time faculty member is expected to meet the standards set	10981
forth in the budget data submitted by the Board of Regents.	10982

The authority of government vested by law in the boards of	10983
trustees of state-assisted institutions of higher education shall	10984
in fact be exercised by those boards. Boards of trustees may	10985
consult extensively with appropriate student and faculty groups.	10986
Administrative decisions about the utilization of available	10987
resources, about organizational structure, about disciplinary	10988
procedure, about the operation and staffing of all auxiliary	10989
facilities, and about administrative personnel shall be the	10990
exclusive prerogative of boards of trustees. Any delegation of	10991
authority by a board of trustees in other areas of responsibility	10992
shall be accompanied by appropriate standards of guidance	10993
concerning expected objectives in the exercise of such delegated	10994
authority and shall be accompanied by periodic review of the	10995
exercise of this delegated authority to the end that the public	10996
interest, in contrast to any institutional or special interest,	10997
shall be served.	10998

The General Assembly recognizes the pilot tuition	10999
restructuring plan of the board of trustees of Miami University	11000
for undergraduate students enrolled at the Oxford campus. The	11001
purpose of this plan is to make higher education more affordable	11002
for moderate income Ohioans, encourage high-achieving Ohio	11003
students to stay in Ohio rather than attending colleges in other	11004
states, and provide incentives for Ohio students to major in areas	11005
crucial to Ohio's priorities and future economic development.	11006

Notwithstanding any limit on in-state undergraduate	11007
instructional and general fees imposed by this actAm. Sub. H.B.	11008
95 of the 125th General Assembly, the General Assembly recognizes	11009
that the plan will provide that all undergraduate students	11010
enrolled at the Oxford campus will be charged combined	11011
instructional and general fees in an amount equal to the	11012
nonresident instructional and general fees and tuition surcharge.	11013
For both resident studentstudents first enrolling on or after the	11014
summer term of 2003 and resident students who enrolled prior to	11015
this date, any increases in fees approved thereafter by the board	11016
of trustees are subject to any instructional and general fee caps	11017
imposed by the General Assembly.	11018

The General Assembly recognizes that the plan provides that	11019
all students who are residents of Ohio will receive student	11020
financial assistance in an amount to be determined by the	11021
University.	11022

The General Assembly recognizes that the plan provides that,	11023
for any resident student who enrolls at the Miami University	11024
Oxford campus prior to August 2004, the plan will have no direct	11025
financial impact except for paper changes on invoices so that such	11026
a student would only pay instructional and general fees in an	11027
amount equivalent to what the student was charged in the preceding	11028
year in addition to any increases in fees approved by the board of	11029
trustees.	11030

Sec. 89.08. CASE WESTERN RESERVE UNIVERSITY SCHOOL OF	11031
MEDICINE	11032

The foregoing appropriation item 235-515, Case Western	11033
Reserve University School of Medicine, shall be disbursed to Case	11034
Western Reserve University through the Board of Regents in	11035
accordance with agreements entered into as provided for by section	11036
3333.10 of the Revised Code, provided that the state support per	11037
full-time medical student shall not exceed that provided to	11038
full-time medical students at state universities.	11039

CAPITAL SCHOLARSHIP PROGRAM

11040

The foregoing appropriation item 235-518, Capital Scholarship	11041
Program, shall be used by the Board of Regents to provide	11042
scholarships to undergraduates of Ohio's four-year public and	11043
private institutions of higher education participating in the	11044
Washington Center Internship Program. A scholarship of $1,800	11045
shall be awarded to students enrolled in an institution operating	11046
on a quarter system, and a scholarship of $2,300 shall be awarded	11047
to students enrolled in an institution operating on a semester	11048
system. The number of scholarships awarded shall be limited by the	11049
amounts appropriated in fiscal years 2004 and 2005. The Washington	11050
Center shall match the scholarships awarded to students as	11051
follows: $1,200 for students enrolled in an institution operating	11052
on a quarter system, and $1,700 for students enrolled in an	11053
institution operating on a semester system.	11054

FAMILY PRACTICE, GERIATRIC MEDICINE, AND PRIMARY CARE	11055
RESIDENCIES	11056

The Board of Regents shall develop plans consistent with	11057
existing criteria and guidelines as may be required for the	11058
distribution of appropriation items 235-519, Family Practice,	11059
235-525, Geriatric Medicine, and 235-526, Primary Care	11060
Residencies.	11061

SHAWNEE STATE SUPPLEMENT

11062

The foregoing appropriation item 235-520, Shawnee State	11063
Supplement, shall be used by Shawnee State University as detailed	11064
by both of the following:	11065

(A) To allow Shawnee State University to keep its	11066
undergraduate fees below the statewide average, consistent with	11067
its mission of service to an economically depressed Appalachian	11068
region;	11069

(B) To allow Shawnee State University to employ new faculty	11070
to develop and teach in new degree programs that meet the needs of	11071
Appalachians.	11072

POLICE AND FIRE PROTECTION

11073

The foregoing appropriation item 235-524, Police and Fire	11074
Protection, shall be used for police and fire services in the	11075
municipalities of Kent, Athens, Oxford, Fairborn, Bowling Green,	11076
Portsmouth, Xenia Township (Greene County), Rootstown Township,	11077
and the City of Nelsonville that may be used to assist these local	11078
governments in providing police and fire protection for the	11079
central campus of the state-affiliated university located therein.	11080
Each participating municipality and township shall receive at	11081
least $5,000 each year. Funds shall be distributed according to	11082
the methodology employed by the Board of Regents in the previous	11083
biennium.	11084

PRIMARY CARE RESIDENCIES

11085

The foregoing appropriation item 235-526, Primary Care	11086
Residencies, shall be distributed in each fiscal year of the	11087
biennium, based on whether or not the institution has submitted	11088
and gained approval for a plan. If the institution does not have	11089
an approved plan, it shall receive five per cent less funding per	11090
student than it would have received from its annual allocation.	11091
The remaining funding shall be distributed among those	11092
institutions that meet or exceed their targets.	11093

OHIO AEROSPACE INSTITUTE

11094

The foregoing appropriation item 235-527, Ohio Aerospace	11095
Institute, shall be distributed by the Board of Regents under	11096
section 3333.042 of the Revised Code.	11097

ACADEMIC SCHOLARSHIPS

11098

The foregoing appropriation item 235-530, Academic	11099
Scholarships, shall be used to provide academic scholarships to	11100
students under section 3333.22 of the Revised Code.	11101

STUDENT CHOICE GRANTS

11102

The foregoing appropriation item 235-531, Student Choice	11103
Grants, shall be used to support the Student Choice Grant Program	11104
created by section 3333.27 of the Revised Code. The unencumbered	11105
balance of appropriation item 235-531, Student Choice Grants, at	11106
the end of fiscal year 2004 shall be transferred to fiscal year	11107
2005 for use under the same appropriation item to maintain grant	11108
award amounts in fiscal year 2005 equal to the awards provided in	11109
fiscal year 2004. The amounts transferred are hereby appropriated.	11110

STUDENT WORKFORCE DEVELOPMENT GRANTS

11111

The foregoing appropriation item 235-534, Student Workforce	11112
Development Grants, shall be used to support the Student Workforce	11113
Development Grant Program. Of the appropriated funds available,	11114
the Board of Regents shall distribute grants to each eligible	11115
student in an academic year. The size of each grant award shall be	11116
determined by the Board of Regents based on the amount of funds	11117
available for the program.	11118

OHIO AGRICULTURAL RESEARCH AND DEVELOPMENT CENTER

11119

The foregoing appropriation item 235-535, Ohio Agricultural	11120
Research and Development Center, shall be disbursed through the	11121
Board of Regents to The Ohio State University in monthly payments,	11122
unless otherwise determined by the Director of Budget and	11123
Management pursuant to section 126.09 of the Revised Code. The	11124
Ohio Agricultural Research and Development Center shall not be	11125
required to remit payment to The Ohio State University during the	11126
2003-2005 biennium for cost reallocation assessments. The cost	11127
reallocation assessments include, but are not limited to, any	11128
assessment on state appropriations to the center. The Ohio	11129
Agricultural Research and Development Center, in conjunction with	11130
the Third Frontier Commission, shall provide for an independently	11131
evaluated self-study of research excellence and commercial	11132
relevance in a manner to be prescribed by the Third Frontier	11133
Commission.	11134

Of the foregoing appropriation item 235-535, Ohio	11135
Agricultural Research and Development Center, $470,164 in fiscal	11136
year 2004 and $458,410 in fiscal year 2005 shall be used to	11137
purchase equipment.	11138

Of the foregoing appropriation item 235-535, Ohio	11139
Agricultural Research and Development Center, $827,141 in fiscal	11140
year 2004 and $806,463 in fiscal year 2005 shall be distributed to	11141
the Piketon Agricultural Research and Extension Center.	11142

Of the foregoing appropriation item 235-535, Ohio	11143
Agricultural Research and Development Center, $217,669 in fiscal	11144
year 2004 and $212,227 in fiscal year 2005 shall be distributed to	11145
the Raspberry/Strawberry-Ellagic Acid Research program at theThe	11146
Ohio State University Medical College in cooperation with theThe	11147
Ohio State University College of Agriculture.	11148

Of the foregoing appropriation item 235-535, Ohio	11149
Agricultural Research and Development Center, $43,534 in fiscal	11150
year 2004 and $42,445 in fiscal year 2005 shall be used to support	11151
the Ohio Berry Administrator.	11152

Of the foregoing appropriation item 235-535, Ohio	11153
Agricultural Research and Development Center, $87,067 in fiscal	11154
year 2004 and $84,890 in fiscal year 2005 shall be used for the	11155
development of agricultural crops and products not currently in	11156
widespread production in Ohio, in order to increase the income and	11157
viability of family farmers.	11158

STATE UNIVERSITY CLINICAL TEACHING

11159

The foregoing appropriation items 235-536, The Ohio State	11160
University Clinical Teaching; 235-537, University of Cincinnati	11161
Clinical Teaching; 235-538, Medical College of Ohio at Toledo	11162
Clinical Teaching; 235-539, Wright State University Clinical	11163
Teaching; 235-540, Ohio University Clinical Teaching; and 235-541,	11164
Northeastern Ohio Universities College of Medicine Clinical	11165
Teaching, shall be distributed through the Board of Regents.	11166

Of the foregoing appropriation item 235-539, Wright State	11167
University Clinical Teaching, $124,644 in each fiscal year of the	11168
biennium shall be for the use of Wright State University's Ellis	11169
Institute for Clinical Teaching Studies to operate the clinical	11170
facility to serve the Greater Dayton area.	11171

SCHOOL OF INTERNATIONAL BUSINESS

11172

Of the foregoing appropriation item 235-547, School of	11173
International Business, $901,975 in fiscal year 2004 and $879,426	11174
in fiscal year 2005 shall be used for the continued development	11175
and support of the School of International Business of the state	11176
universities of northeast Ohio. The money shall go to the	11177
University of Akron. These funds shall be used by the university	11178
to establish a School of International Business located at the	11179
University of Akron. It may confer with Kent State University,	11180
Youngstown State University, and Cleveland State University as to	11181
the curriculum and other matters regarding the school.	11182

Of the foregoing appropriation item 235-547, School of	11183
International Business, $181,318 in fiscal year 2004 and $176,785	11184
in fiscal year 2005 shall be used by the University of Toledo	11185
College of Business for expansion of its international business	11186
programs.	11187

Of the foregoing appropriation item 235-547, School of	11188
International Business, $181,318 in fiscal year 2004 and $176,785	11189
in fiscal year 2005 shall be used to support theThe Ohio State	11190
University BioMEMS program.	11191

PART-TIME STUDENT INSTRUCTIONAL GRANTS

11192

The foregoing appropriation item 235-549, Part-time Student	11193
Instructional Grants, shall be used to support a grant program for	11194
part-time undergraduate students who are Ohio residents and who	11195
are enrolled in degree granting programs.	11196

Eligibility for participation in the program shall include	11197
degree granting educational institutions that hold a certificate	11198
of registration from the State Board of Career Colleges and	11199
Schools, and nonprofit institutions that have a certificate of	11200
authorization issued pursuant to Chapter 1713. of the Revised	11201
Code, as well as state-assisted colleges and universities. Grants	11202
shall be given to students on the basis of need, as determined by	11203
the college, which, in making these determinations, shall give	11204
special consideration to single-parent heads-of-household and	11205
displaced homemakers who enroll in an educational degree program	11206
that prepares the individual for a career. In determining need,	11207
the college also shall consider the availability of educational	11208
assistance from a student's employer. It is the intent of the	11209
General Assembly that these grants not supplant such assistance.	11210

Sec. 89.11. OHIO RESOURCE CENTER FOR MATHEMATICS, SCIENCE,	11211
AND READING	11212

The foregoing appropriation item 235-588, Ohio Resource	11213
Center for Mathematics, Science, and Reading, shall be used to	11214
support a resource center for mathematics, science, and reading to	11215
be located at a state-assisted university for the purpose of	11216
identifying best educational practices in primary and secondary	11217
schools and establishing methods for communicating them to	11218
colleges of education and school districts. The Ohio Resource	11219
Center for Mathematics, Science, and Reading shall not make	11220
available resources that are inconsistent with the K-12 science	11221
standards and policies as adopted by the State Board of Education.	11222

INTERNATIONAL CENTER FOR WATER RESOURCES DEVELOPMENT

11223

The foregoing appropriation item 235-595, International	11224
Center for Water Resources Development, shall be used to support	11225
the International Center for Water Resources Development at	11226
Central State University. The center shall develop methods to	11227
improve the management of water resources for Ohio and for	11228
emerging nations.	11229

HAZARDOUS MATERIALS PROGRAM

11230

The foregoing appropriation item 235-596, Hazardous Materials	11231
Program, shall be disbursed to Cleveland State University for the	11232
operation of a program to certify firefighters for the handling of	11233
hazardous materials. Training shall be available to all Ohio	11234
firefighters.	11235

Of the foregoing appropriation item 235-596, Hazardous	11236
Materials Program, $130,601 in fiscal year 2004 and $127,337 in	11237
fiscal year 2005 shall be used to support the Center for the	11238
Interdisciplinary Study of Education and Leadership in Public	11239
Service at Cleveland State University. These funds shall be	11240
distributed by the Board of Regents and shall be used by the	11241
center targeted toward increasing the role of special populations	11242
in public service and not-for-profit organizations. The primary	11243
purpose of the center is to study issues in public service and to	11244
guide strategies for attracting new communities into public	11245
service occupations by bringing together a cadre of researchers,	11246
scholars, and professionals representing the public	11247
administration, social behavioral, and education disciplines.	11248

NATIONAL GUARD SCHOLARSHIP PROGRAM

11249

The foregoing appropriation item 235-599, National Guard	11250
Scholarship Program, shall be used to fund program costs,	11251
including summer session, under division (D)(1) of section 5919.34	11252
of the Revised Code. The Board of Regents shall disburse funds	11253
from appropriation item 235-599, National Guard Scholarship	11254
Program, at the direction of the Adjutant General. The	11255
unencumbered and unused balance of appropriation item 235-599,	11256
National Guard Scholarship Program, at the end of fiscal year 2004	11257
is transferred to fiscal year 2005 for use under the same	11258
appropriation item.	11259

* PLEDGE OF FEES

11260

Any new pledge of fees, or new agreement for adjustment of	11261
fees, made in the 2003-2005 biennium to secure bonds or notes of a	11262
state-assisted institution of higher education for a project for	11263
which bonds or notes were not outstanding on the effective date of	11264
this sectionSeptember 26, 2003, shall be effective only after	11265
approval by the Board of Regents, unless approved in a previous	11266
biennium.	11267

HIGHER EDUCATION GENERAL OBLIGATION DEBT SERVICE

11268

The foregoing appropriation item 235-909, Higher Education	11269
General Obligation Debt Service, shall be used to pay all debt	11270
service and related financing costs at the times they are required	11271
to be made pursuant to sections 151.01 and 151.04 of the Revised	11272
Code during the period from July 1, 2003, to June 30, 2005. The	11273
Office of the Sinking Fund or the Director of Budget and	11274
Management shall effectuate the required payments by an intrastate	11275
transfer voucher.	11276

Sec. 145.  FEDERAL JOBS AND GROWTH TAX RELIEF RECONCILIATION	11277
ACT OF 2003	11278

(A) The enhanced federal medical assistance percentage (FMAP)	11279
rate is authorized pursuant to the Federal Jobs and Growth Relief	11280
Reconciliation Act of 2003 for the third and fourth calendar	11281
quarters of federal fiscal year 2003 and the first, second, and	11282
third calendar quarters of federal fiscal year 2004. During this	11283
period, the reimbursement rate for all Medicaid service	11284
expenditures paid by state or local entities shall be the	11285
non-enhanced rate.	11286

(B) During the quarters that the enhanced FMAP rate is	11287
authorized pursuant to the Federal Jobs and Growth Relief	11288
Reconciliation Act of 2003, when drawing FMAP to the state	11289
treasury for Medicaid services paid by the Department of Job and	11290
Family Services or other state or local entities, the Department	11291
of Job and Family Services shall deposit the amount of federal	11292
revenue attributable to the enhanced FMAP that is being made	11293
available to the Federal Fiscal Relief Fund, which is hereby	11294
created in the state treasury. The disposition of cash from this	11295
fund shall occur as follows:	11296

(1) On a schedule to be determined by the Office of Budget	11297
and Management, the Director of Budget and Management shall make	11298
cash transfers to the Medicaid Reserve Fund, which is hereby	11299
created in the state treasury. The total amount transferred shall	11300
be up to $18,611,156 in state fiscal year 2004 and up to	11301
$90,851,972 in state fiscal year 2005. The Director of Job and	11302
Family Services shall make requests to the Director of Budget and	11303
Management as necessary to increase the appropriation in	11304
appropriation item 600-525, Health Care/Medicaid. The Director of	11305
Budget and Management shall transfer the state share of such	11306
amounts from the Medicaid Reserve Fund to the General Revenue	11307
Fund. The transferred amount plus the federal share associated	11308
with this amount is hereby appropriated. The Department of Job and	11309
Family Services shall use this appropriation authority to pay	11310
claims for Medicaid services.	11311

(2) After the amounts in division (B)(1) of this section have	11312
been transferred,The Director of Budget and Management shall	11313
determine the amount of enhanced reimbursement that is	11314
attributable to Medicaid expenditures for which the state share	11315
was paid by one of the following entities: county boards of mental	11316
retardation and developmental disabilities; boards of mental	11317
health; boards of alcohol, drug addiction, and mental health	11318
services; boards of alcohol and drug addiction services; and any	11319
other entity that qualifies under the Federal Jobs and Growth Tax	11320
Relief Reconciliation Act of 2003. On a schedule to be determined	11321
by the Office of Budget and Management, the Director of Budget and	11322
Management shall make cash transfers of these amounts from the	11323
Federal Fiscal Relief Fund to the Interagency Reimbursement Fund.	11324
The appropriation in appropriation item 600-655, Interagency	11325
Reimbursement, is hereby increased by these amounts in order to	11326
transfer the enhanced reimbursement to other agencies. If	11327
necessary, the Office of Budget and Management shall seek	11328
Controlling Board approval to increase appropriations in federal	11329
appropriation items used by the Department of Mental Retardation	11330
and Developmental Disabilities, the Department of Mental Health,	11331
and the Department of Alcohol and Drug Addiction Services in order	11332
for these departments to pass the enhanced federal share to the	11333
aforementioned local entities. The Department of Mental	11334
Retardation and Developmental Disabilities, the Department of	11335
Mental Health, and the Department of Alcohol and Drug Addiction	11336
Services shall distribute such amounts to the boards or entities	11337
as listed in this section based on the direction of the Office of	11338
Budget and Management.	11339

(3) On a schedule to be determined by the Office of Budget	11340
and Management, the Director of Budget and Management shallmay	11341
transfer the remainder of cash not required by division (B)(1) or	11342
(B)(2) of this section in the Federal Fiscal Relief Fund to the	11343
General Revenue Fund on a schedule to be determined by the Office	11344
of Budget and Management.	11345

Section 65. That existing Sections 8.04, 12, 38.12, 41.06,	11346
41.13, 55, 59, 59.29, 66, 89, 89.04, 89.05, 89.08, 89.11, and 145	11347
of Am. Sub. H.B. 95 of the 125th General Assembly are hereby	11348
repealed.	11349

Section 66. (A) Except as otherwise provided in division (B)	11350
of this section, the amendment by this act of sections of Am. Sub.	11351
H.B. 95 of the 125th General Assembly, and the items of which the	11352
amendments are composed, are not subject to the referendum.	11353
Therefore, under Ohio Constitution, Article II, Section 1d and	11354
section 1.471 of the Revised Code, the amendments of those	11355
sections, and the items of which the amendments are composed, go	11356
into immediate effect when this act becomes law.	11357

(B) The amendment by this act of Section 12 of Am. Sub. H.B.	11358
95 of the 125th General Assembly, and the items of which the	11359
amendment is composed, are subject to the referendum. Therefore,	11360
under Ohio Constitution, Article II, Section 1c and section 1.471	11361
of the Revised Code, the amendment, and the items of which the	11362
amendment is composed, take effect on the ninety-first day after	11363
this act is filed with the Secretary of State. However, if a	11364
referendum petition is filed against the amendment, or an item of	11365
which it is composed, the amendment, or item, unless rejected at	11366
the referendum, takes effect at the earliest time permitted by	11367
law.	11368

Section 67. That Section 41.33 of Am. Sub. H.B. 95 of the	11369
125th General Assembly be amended to read as follows:	11370

Sec. 41.33. (A) As used in this section:

11371

(1) "Entitled to attend school" means entitled to attend	11372
school in a school district under section 3313.64 and 3313.65 of	11373
the Revised Code.	11374

(2) "Formula ADM" and "category six special education ADM"	11375
have the same meanings as in section 3317.02 of the Revised Code.	11376

(3) "Individualized education program" has the same meaning	11377
as in section 3323.01 of the Revised Code.	11378

(4) "Parent" has the same meaning as in section 3313.64 of	11379
the Revised Code.	11380

(5) "Qualified special education child" is a child for whom	11381
all of the following conditions apply:	11382

(a) The school district in which the child is entitled to	11383
attend school has identified the child as autistic;	11384

(b) The school district in which the child is entitled to	11385
attend school has developed an individualized education program	11386
under Chapter 3323. of the Revised Code for the child;	11387

(c) The child either:

11388

(i) Was enrolled in the school district in which the child is	11389
entitled to attend school in any grade from preschool through	11390
twelve in the school year prior to the year in which a scholarship	11391
under this section is first sought for the child;	11392

(ii) Is eligible to enter school in any grade preschool	11393
through twelve in the school district in which the child is	11394
entitled to attend school in the school year in which a	11395
scholarship under this section is first sought for the child.	11396

(6) "Registered private provider" means a nonpublic school or	11397
other nonpublic entity that has been approved by the Department of	11398
Education to participate in the program established under this	11399
section.	11400

(B) There is hereby established the Pilot Project Special	11401
Education Scholarship Program. Under the program, in fiscal years	11402
2004 and 2005, the Department of Education shall pay a scholarship	11403
to the parent of each qualified special education child upon	11404
application of that parent pursuant to procedures and deadlines	11405
established by rule of the State Board of Education. Each	11406
scholarship shall be used only to pay tuition for the child on	11407
whose behalf the scholarship is awarded to attend a special	11408
education program that implements the child's individualized	11409
education program and that is operated by a school district other	11410
than the school district in which the child is entitled to attend	11411
school or, by another public entity, to either of which under law	11412
the parent is required to pay tuition on behalf of the child, or	11413
by a registered private provider. Each scholarship shall be in an	11414
amount not to exceed the lesser of the tuition charged for the	11415
child by the special education program or fifteen thousand	11416
dollars. The purpose of the scholarship is to permit the parent of	11417
a qualified special education child the choice to send the child	11418
to a special education program, instead of, or in addition to, the	11419
one operated by or for the school district in which the child is	11420
entitled to attend school, to receive the services prescribed in	11421
the child's individualized education program once the	11422
individualized education program is finalized. A scholarship under	11423
this section shall not be awarded to the parent of a child while	11424
the child's individualized education program is being developed by	11425
the school district in which the child is entitled to attend	11426
school, or while any administrative or judicial mediation or	11427
proceedings with respect to the content of the child's	11428
individualized education program are pending. A scholarship under	11429
this section shall not be awarded to the parent of a child who	11430
attendsused for a child to attend a public special education	11431
program that operates under a contract, compact, or other	11432
bilateral agreement between the school district in which the child	11433
is entitled to attend school and another school district or other	11434
public provider, or for a child to the parent of a child who	11435
attendsattend a community school established under Chapter 3314.	11436
of the Revised Code. However, nothing in this section or in any	11437
rule adopted by the State Board of Education shall prohibit a	11438
parent whose child attends a public special education program	11439
under a contract, compact, or other bilateral agreement, or a	11440
parent whose child attends a community school, from applying for	11441
and accepting a scholarship under this section so that the parent	11442
may withdraw the child from that program or community school and	11443
use the scholarship for the child to attend a special education	11444
program for which the parent is required to pay for services for	11445
the child. A child attending a special education program with a	11446
scholarship under this section shall continue to be entitled to	11447
transportation to and from that program in the manner prescribed	11448
by law.	11449

(C)(1) Notwithstanding anything to the contrary in the	11450
Revised Code, a child for whom a scholarship is awarded under this	11451
section shall be counted in the formula ADM and the category six	11452
special education ADM of the district in which the child is	11453
entitled to attend school and not in the formula ADM and the	11454
category six special education ADM of any other school district.	11455

(2) In each fiscal year, the Department shall deduct from the	11456
amounts paid to each school district under Chapter 3317. of the	11457
Revised Code, and, if necessary, sections 321.24 and 323.156 of	11458
the Revised Code, the aggregate amount of scholarships awarded	11459
under this section for qualified special education children	11460
included in the formula ADM and category six special education ADM	11461
of that school district as provided in division (C)(1) of this	11462
section. The scholarships deducted shall be considered as an	11463
approved special education and related services expense for the	11464
purpose of the school district's compliance with division (C)(5)	11465
of section 3317.022 of the Revised Code.	11466

(3) From time to time, the Department shall make a payment to	11467
the parent of each qualified special education child for whom a	11468
scholarship has been awarded under this section. The scholarship	11469
amount shall be proportionately reduced in the case of any such	11470
child who is not enrolled in the special education program for	11471
which a scholarship was awarded under this section for the entire	11472
school year. The Department shall make no payments to the parent	11473
of a child while any administrative or judicial mediation or	11474
proceedings with respect to the content of the child's	11475
individualized education program are pending.	11476

(D) A scholarship shall not be paid to a parent for payment	11477
of tuition owed to a nonpublic entity unless that entity is a	11478
registered private provider. The Department shall approve entities	11479
that meet the standards established by rule of the State Board for	11480
the program established under this section.	11481

(E) The State Board shall adopt rules in accordance with	11482
Chapter 119. of the Revised Code prescribing procedures necessary	11483
to implement this section, including, but not limited to,	11484
procedures and deadlines for parents to apply for scholarships,	11485
standards for registered private providers, and procedures for	11486
approval of entities as registered private providers. The Board	11487
shall adopt the rules so that the program established under this	11488
section is operational by January 1, 2004.	11489

(F) The Legislative Office of Education Oversight shall	11490
conduct a formative evaluation of the program established under	11491
this section and shall report its findings to the General Assembly	11492
not later than March 1, 2005. In conducting the evaluation, the	11493
Office shall to the extent possible gather comments from parents	11494
who have been awarded scholarships under the program, school	11495
district officials, representatives of registered private	11496
providers, educators, and representatives of educational	11497
organizations for inclusion in the report required under this	11498
section.	11499

Section 68. That existing Section 41.33 of Am. Sub. H.B. 95	11500
of the 125th General Assembly is hereby repealed.	11501

Section 69. The amendment by this act of Section 41.33 of Am.	11502
Sub. H.B. 95 of the 125th General Assembly, and the items of which	11503
the amendment is composed, are not subject to the referendum.	11504
Therefore, under Ohio Constitution, Article II, Section 1d and	11505
section 1.471 of the Revised Code, the amendment of that section,	11506
and the items of which that amendment is composed, go into	11507
immediate effect when this act becomes law.	11508

Section 70. Notwithstanding section 3302.03 of the Revised	11509
Code, no school district shall receive a performance rating, as	11510
designated pursuant to division (B) of that section, for the	11511
2003-2004 school year that is lower than the performance rating	11512
the district received for the 2002-2003 school year if both of the	11513
following apply to the district:	11514

(A) The district's performance index score for the 2003-2004	11515
school year is higher than its performance index score for the	11516
2002-2003 school year;	11517

(B) The district achieves at least the same number of	11518
performance indicators created by the State Board of Education	11519
under section 3302.02 of the Revised Code for the 2003-2004 school	11520
year that it achieved for the 2002-2003 school year from among	11521
those indicators based on student performance on the fourth and	11522
sixth grade proficiency tests and on the cumulative results	11523
through tenth grade of student performance on the ninth grade	11524
proficiency tests.	11525

Section 71. (A) This section shall apply only to a local	11526
school district that ceded part of its territory to one or more	11527
new local school districts created by resolution of an educational	11528
service center pursuant to either former section 3311.26 of the	11529
Revised Code, as it existed prior to September 26, 2003, or the	11530
second to last paragraph of the version of that section in effect	11531
on and after that date.	11532

(B) Notwithstanding division (B) of section 3311.059 of the	11533
Revised Code, as amended by this act, if the board of education of	11534
a local school district to which this section applies adopts a	11535
resolution pursuant to division (A) of that section within two	11536
years after the latest date that a new local school district is	11537
created from the district's territory, both of the following	11538
apply:	11539

(1) The resolution is not subject to approval by the State	11540
Board of Education;	11541

(2) The school district's annexation to the educational	11542
service center named in the resolution shall take effect the first	11543
day of July following the latest of:	11544

(a) Sixty days after the board of education adopts the	11545
resolution;	11546

(b) The date the board of elections certifies the	11547
insufficiency of signatures on a referendum petition as provided	11548
in division (C) of that section;	11549

(c) The date the board of elections certifies that a majority	11550
of the electors voting on the referendum election as provided in	11551
division (C) of that section approves the resolution.	11552

(C) This section is not subject to the referendum. Therefore,	11553
under Ohio Constitution, Article II, Section 1d and section 1.471	11554
of the Revised Code, this section goes into immediate effect when	11555
this act becomes law.	11556

Section 72. TRANSFERS TO THE SCHOOL DISTRICT SOLVENCY	11557
ASSISTANCE FUND (FUND 5H3)	11558

Notwithstanding any provision of law to the contrary, upon	11559
the request of the Superintendent of Public Instruction, the	11560
Director of Budget and Management may make transfers of cash to	11561
the School District Solvency Assistance Fund (Fund 5H3) from any	11562
Department of Education administered fund or the General Revenue	11563
Fund to maintain sufficient cash balances in the School District	11564
Solvency Assistance Fund (Fund 5H3) in fiscal years 2004 and 2005	11565
for providing assistance and grants to school districts to enable	11566
them to remain solvent and to pay unforeseeable expenses of a	11567
temporary or emergency nature that they are unable to pay from	11568
existing resources. The Director of Budget and Management shall	11569
notify the members of the Controlling Board of any such transfers.	11570

This section is not subject to the referendum. Therefore,	11571
under Ohio Constitution, Article II, Section 1d and section 1.471	11572
of the Revised Code, this section goes into immediate effect when	11573
this act becomes law.	11574

Section 73. The Sports Facilities Building Fund (Fund 024)	11575
previously created by section 3383.09 of the Revised Code shall be	11576
closed and any unexpended balance or earnings shall be transferred	11577
and credited to the Arts and Sports Facilities Building Fund (Fund	11578
030) created by section 3383.09 of the Revised Code, as amended by	11579
this act, and segregated within the Arts and Sports Facilities	11580
Building Fund and used, with any investment earnings on such	11581
amounts, to pay costs of Ohio sports facilities.	11582

Any unencumbered and unallotted appropriations set forth in	11583
Section 9.01 of H.B. 675 and Section 14 of Am. Sub. H.B. 524 of	11584
the 124th General Assembly that were appropriated out of any money	11585
in the state treasury to the credit of the Sports Facilities	11586
Building Fund are hereby transferred to the Arts and Sports	11587
Facilities Building Fund, subject to the conditions specified in	11588
those sections. Any encumbrances on the Sports Facilities Building	11589
Fund are hereby cancelled and re-established in the Arts and	11590
Sports Facilities Building Fund.	11591

Any heretofore unutilized amounts of separate authorizations	11592
to issue and sell obligations granted to the Ohio Building	11593
Authority by prior acts of the General Assembly pursuant to	11594
Section 2i of Article VIII, Ohio Constitution, and Chapter 152.	11595
and any other applicable provisions of the Revised Code, to pay	11596
costs of capital facilities or improvements for Ohio arts	11597
facilities and for Ohio sports facilities are hereby combined into	11598
a common authorization. The Ohio Building Authority is hereby	11599
authorized to issue and sell those obligations, in accordance with	11600
and subject to the applicable limitations in Section 2i of Article	11601
VIII, Ohio Constitution, and Chapter 152. and other applicable	11602
provisions of the Revised Code, to pay the costs of capital	11603
facilities consisting of Ohio arts facilities and Ohio sports	11604
facilities, as defined in section 3383.01 of the Revised Code.	11605

Section 74. Not later than June 30, 2005, the Director of	11606
Mental Health shall revise rule 5122-29-06 of the Administrative	11607
Code regarding the certification standards for the	11608
partial-hospitalization community mental health service. As part	11609
of the revision, the Director shall address client eligibility	11610
criteria.	11611

Section 75. JOB AND FAMILY SERVICES - CHILDREN AND FAMILY	11612
SUBSIDY	11613

In fiscal year 2004, appropriation item 600-523, Children and	11614
Family Subsidy, shall be increased by $4,524,074 to pay for foster	11615
care training that occurred in a prior fiscal year. This amount is	11616
hereby appropriated.	11617

This section is not subject to the referendum. Therefore,	11618
under Ohio Constitution, Article II, Section 1d and section 1.471	11619
of the Revised Code, this section goes into immediate effect when	11620
this act becomes law.	11621

Section 76. ADJ ADJUTANT GENERAL – OUTER TACTICAL VESTS WITH	11622
CERAMIC INSERTS	11623

In fiscal years 2004 and 2005, if the Adjutant General	11624
determines that state funding is needed to purchase outer tactical	11625
vests with ceramic inserts for any member of the Ohio National	11626
Guard who is sent into "Operation Iraqi Freedom," "Operation	11627
Enduring Freedom," or any other combat zone, the Adjutant General,	11628
in consultation with the Director of Budget and Management, may	11629
seek approval of the Controlling Board for such funding from funds	11630
appropriated to General Revenue Fund appropriation item 911-401,	11631
Emergency Purposes/Contingencies, of the Controlling Board.	11632

As used in this section, "Operation Iraqi Freedom" means the	11633
period of conflict that began March 20, 2003, and ends on a date	11634
declared by the President of the United States or the Congress.	11635

As used in this section, "Operation Enduring Freedom" means	11636
the period of conflict that began October 7, 2001, and ends on a	11637
date declared by the President of the United States or the	11638
Congress.	11639

As used in this section, "combat zone" means an area that the	11640
President of the United States by executive order designates, for	11641
purposes of 26 U.S.C. 112, as an area in which armed forces of the	11642
United States are or have engaged in combat.	11643

Section 77. The amendment by this act of section 6301.03 of	11644
the Revised Code applies on and after July 1, 2004. Local areas	11645
and sub-recipients of a local area may continue to use the public	11646
assistance fund to facilitate close out of workforce development	11647
activities conducted pursuant to the "Workforce Investment Act of	11648
1998," 112 Stat. 936, 29 U.S.C.A. 2801, as amended, or Chapter	11649
6301. of the Revised Code that occurred prior to July 1, 2004.	11650

Section 78. Except as otherwise specifically provided in this	11651
act, the codified and uncodified sections of law amended or	11652
enacted by this act, and the items of law of which the codified	11653
and uncodified sections of law amended or enacted by this act are	11654
composed, are subject to the referendum. Therefore, under section	11655
1c of Article II, Ohio Constitution and section 1.471 of the	11656
Revised Code, the codified and uncodified sections of law amended	11657
or enacted by this act, and the items of law of which the codified	11658
and uncodified sections amended or enacted by this act are	11659
composed, take effect on the ninety-first day after this act is	11660
filed with the Secretary of State. If, however, a referendum	11661
petition is filed against any such codified or uncodified section	11662
of law as amended or enacted by this act, or against any item of	11663
law of which any such codified or uncodified section of law as	11664
amended or enacted by this act is composed, the codified or	11665
uncodified section of law as amended or enacted, or item of law,	11666
unless rejected at the referendum, takes effect at the earliest	11667
time permitted by law.	11668

Section 79. The repeal by this act of sections 152.101 and	11669
901.85 of the Revised Code is subject to the referendum.	11670
Therefore, under Ohio Constitution, Article II, Section 1c and	11671
section 1.471 of the Revised Code, the repeals take effect on the	11672
ninety-first day after this act is filed with the Secretary of	11673
State. However, if a referendum petition is filed against either	11674
of the repeals, the repeal, unless rejected at the referendum,	11675
takes effect at the earliest time permitted by law.	11676

Section 80. The amendment by this act of sections 124.15,	11677
124.152, 124.181, 124.183, 124.382, 126.32, 175.21, 3311.059,	11678
4701.03, and 5111.022 of the Revised Code, and the items of which	11679
the amendments are composed, are not subject to the referendum.	11680
Therefore, under Ohio Constitution, Article II, Section 1d and	11681
section 1.471 of the Revised Code, the amendment by this act of	11682
those sections, and the items of which the amendments are	11683
composed, go into immediate effect when this act becomes law.	11684

Section 81. If any item of law that constitutes the whole or	11685
part of a codified or uncodified section of law contained in this	11686
act, or if any application of any item of law that constitutes the	11687
whole or part of a codified or uncodified section of law contained	11688
in this act, is held invalid, the invalidity does not affect other	11689
items of law or applications of items of law that can be given	11690
effect without the invalid item of law or application. To this	11691
end, the items of law of which the codified and uncodified	11692
sections of law contained in this act are composed, and their	11693
applications, are independent and severable.	11694