SENATORS Harris, Amstutz, Carey, Armbruster, Austria, Coughlin, DiDonato, Mallory, Spada, Wachtmann, Zurz, Padgett, Miller, Robert Gardner, Mumper

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, 3311.059, 3327.01,

3

3334.01, 3383.09, 3701.881, 3712.09, 3734.02,

4

3734.18, 3734.57, 3769.021, 3769.087, 3781.19,

5

4701.03, 4707.05, 4758.20, 4758.40, 4758.41,

6

4758.42, 4758.55, 4758.56, 4758.57, 4758.58,

7

4758.59, 4758.61, 5101.27, 5111.022, 5119.18,

8

5123.352, 5731.47, 5731.48, and 6301.03 and to

9

repeal sections 152.101 and 901.85 of the Revised

10

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

11

87 of the 125th General Assembly, as subsequently

12

amended, and to amend Sections 8.04, 12, 41.06,

13

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

14

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

15

General Assembly to make capital reappropriations

16

for the biennium ending June 30, 2006, to make

17

certain supplemental and capital appropriations,

18

and to provide authorization and conditions for

19

the operation of state programs.

20

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

Section 1. That sections 9.24, 102.02, 123.01, 123.10,	21
124.15, 124.152, 124.181, 124.183, 124.382, 126.32, 152.09,	22
175.21, 3311.059, 3327.01, 3334.01, 3383.09, 3701.881, 3712.09,	23
3734.02, 3734.18, 3734.57, 3769.021, 3769.087, 3781.19, 4701.03,	24
4707.05, 4758.20, 4758.40, 4758.41, 4758.42, 4758.55, 4758.56,	25
4758.57, 4758.58, 4758.59, 4758.61, 5101.27, 5111.022, 5119.18,	26
5123.352, 5731.47, 5731.48, and 6301.03 of the Revised Code be	27
amended to read as follows:	28

Sec. 9.24. (A) NoExcept as may be allowed under division (F)	29
this section, no state agency and no political subdivision shall	30
award a contract as described in division (G)(1) of this section	31
for goods, services, or construction, paid for in whole or in part	32
with state fundsmoney, to a person against whom a finding for	33
recovery has been issued by the auditor of state on and after	34
January 1, 2001, if the finding for recovery is unresolved.	35

A contract is considered to be awarded when it is entered	36
into or executed, irrespective of whether the parties to the	37
contract have exchanged any money.	38

(B) For purposes of this section, a finding for recovery is	39
unresolved unless one of the following criteria applies:	40

(1) The money identified in the finding for recovery is paid	41
in full to the state agency or political subdivision to whom the	42
money was owed;	43

(2) The debtor has entered into a repayment plan that is	44
approved by the attorney general and the state agency or political	45
subdivision to whom the money identified in the finding for	46
recovery is owed. A repayment plan may include a provision	47
permitting a state agency or political subdivision to withhold	48
payment to a debtor for goods, services, or construction provided	49
to or for the state agency or political subdivision pursuant to a	50
contract that is entered into with the debtor after the date the	51
finding for recovery was issued.	52

(3) The attorney general waives a repayment plan described in	53
division (B)(2) of this section for good cause;	54

(4) The debtor and state agency or political subdivision to	55
whom the money identified in the finding for recovery is owed have	56
agreed to a payment plan established through an enforceable	57
settlement agreement.	58

(5) The state agency or political subdivision desiring to	59
enter into a contract with a debtor certifies, and the attorney	60
general concurs, that all of the following are true:	61

(a) Essential services the state agency or political	62
subdivision is seeking to obtain from the debtor cannot be	63
provided by any other person besides the debtor;	64

(b) Awarding a contract to the debtor for the essential	65
services described in division (B)(5)(a) of this section is in the	66
best interest of the state;	67

(c) Good faith efforts have been made to collect the money	68
identified in the finding of recovery.	69

(6) The debtor has commenced an action to contest the finding	70
for recovery and a final determination on the action has not yet	71
been reached.	72

(C) The attorney general shall submit an initial report to	73
the auditor of state, not later than December 1, 2003, indicating	74
the status of collection for all findings for recovery issued by	75
the auditor of state for calendar years 2001, 2002, and 2003.	76
Beginning on January 1, 2004, the attorney general shall submit to	77
the auditor of state, on the first day of every January, April,	78
July, and October, a list of all findings for recovery that have	79
been resolved in accordance with division (B) of this section	80
during the calendar quarter preceding the submission of the list	81
and a description of the means of resolution.	82

(D) The auditor of state shall maintain a database,	83
accessible to the public, listing persons against whom an	84
unresolved finding for recovery has been issued, and the amount of	85
the money identified in the unresolved finding for recovery. The	86
auditor of state shall have this database operational on or before	87
January 1, 2004. The initial database shall contain the	88
information required under this division for calendar years 2001,	89
2002, and 2003.	90

Beginning January 15, 2004, the auditor of state shall update	91
the database by the fifteenth day of every January, April, July,	92
and October to reflect resolved findings for recovery that are	93
reported to the auditor of state by the attorney general on the	94
first day of the same month pursuant to division (C) of this	95
section.	96

(E) Before awarding a contract as described in division	97
(G)(1) of this section for goods, services, or construction, paid	98
for in whole or in part with state fundsmoney, a state agency or	99
political subdivision shall verify that the person to whom the	100
state agency or political subdivision plans to award the contract	101
does not appear in the database described in division (D) of this	102
section.	103

(F) The prohibition of division (A) of this section does not	104
apply to the companies or agreements described in divisions (F)(1)	105
and (2) of this section, or in the circumstance described in	106
division (F)(3) of this section.	107

(1) A bonding company or a company authorized to transact the	108
business of insurance in this state unless a court has entered a	109
final judgment against the company and the company has not yet	110
satisfied the final judgment.	111

(2) To medicaid provider agreements under Chapter 5111. of	112
the Revised Code or payments or provider agreements under	113
disability assistance medical assistance established under Chapter	114
5115. of the Revised Code.	115

(3) When federal law dictates that a specified entity provide	116
the goods, services, or construction for which a contract is being	117
awarded, regardless of whether that entity would otherwise be	118
prohibited from entering into the contract pursuant to this	119
section.	120

(G)(1) This section applies only to contracts for goods,	121
services, or construction that satisfy the criteria in either	122
division (G)(1)(a) or (b) of this division. This section may apply	123
to contracts for goods, services, or construction that satisfy the	124
criteria in division (G)(1)(c) or (d), provided that the contracts	125
also satisfy the criteria in either division (G)(1)(a) or (b) of	126
this division.	127

(a) The cost for the goods, services, or construction	128
provided under the contract is estimated to exceed twenty-five	129
thousand dollars.	130

(b) The aggregate cost for the goods, services, or	131
construction provided under multiple contracts entered into within	132
the fiscal year preceding the fiscal year within which the	133
multiple contracts are being entered into by either a state agency	134
and a single person or a political subdivision and a single	135
person, is estimated to exceed fifty thousand dollars.	136

(c) The contract is a renewal of a contract previously	137
entered into and renewed pursuant to that preceding contract.	138

(d) The contract is an employment contract between a state	139
agency or political subdivision and an independent contractor.	140

(2) This section does not apply to employment contracts,	141
except for the type of employment contracts described in division	142
(G)(1)(d) of this section.	143

(H) As used in this section:

144

(1) "State agency" has the same meaning as in section 9.66 of	145
the Revised Code.	146

(2) "Political subdivision" means a political subdivision as	147
defined in section 9.82 of the Revised Code that has received more	148
than fifty thousand dollars of state money in the current fiscal	149
year or the preceding fiscal year.	150

(3) "Finding for recovery" means a determination issued by	151
the auditor of state, contained in a report the auditor of state	152
gives to the attorney general pursuant to section 117.28 of the	153
Revised Code, that public money has been illegally expended,	154
public money has been collected but not been accounted for, public	155
money is due but has not been collected, or public property has	156
been converted or misappropriated.	157

(3)(4) "Debtor" means a person against whom a finding for	158
recovery has been issued.	159

(5) "Person" means the person named in the finding for	160
recovery, and includes the named person doing business under any	161
name other than the person's legal name.	162

(6) "State money" does not include money the state receives	163
from another source and passes through to a political subdivision.	164

Sec. 102.02.  (A) Except as otherwise provided in division	165
(H) of this section, every person who is elected to or is a	166
candidate for a state, county, or city office, or the office of	167
member of the United States congress, and every person who is	168
appointed to fill a vacancy for an unexpired term in such an	169
elective office; all members of the state board of education; the	170
director, assistant directors, deputy directors, division chiefs,	171
or persons of equivalent rank of any administrative department of	172
the state; the president or other chief administrative officer of	173
every state institution of higher education as defined in section	174
3345.011 of the Revised Code; the chief executive officer of each	175
state retirement system; all members of the board of commissioners	176
on grievances and discipline of the supreme court and the ethics	177
commission created under section 102.05 of the Revised Code; every	178
business manager, treasurer, or superintendent of a city, local,	179
exempted village, joint vocational, or cooperative education	180
school district or an educational service center; every person who	181
is elected to or is a candidate for the office of member of a	182
board of education of a city, local, exempted village, joint	183
vocational, or cooperative education school district or of a	184
governing board of an educational service center that has a total	185
student count of twelve thousand or more as most recently	186
determined by the department of education pursuant to section	187
3317.03 of the Revised Code; every person who is appointed to the	188
board of education of a municipal school district pursuant to	189
division (B) or (F) of section 3311.71 of the Revised Code; all	190
members of the board of directors of a sanitary district that is	191
established under Chapter 6115. of the Revised Code and organized	192
wholly for the purpose of providing a water supply for domestic,	193
municipal, and public use, and that includes two municipal	194
corporations in two counties; every public official or employee	195
who is paid a salary or wage in accordance with schedule C of	196
section 124.15 or schedule E-2 of section 124.152 of the Revised	197
Code; members of the board of trustees and the executive director	198
of the tobacco use prevention and control foundation; members of	199
the board of trustees and the executive director of the southern	200
Ohio agricultural and community development foundation; and every	201
other public official or employee who is designated by the	202
appropriate ethics commission pursuant to division (B) of this	203
section shall file with the appropriate ethics commission on a	204
form prescribed by the commission, a statement disclosing all of	205
the following:	206

(1) The name of the person filing the statement and each	207
member of the person's immediate family and all names under which	208
the person or members of the person's immediate family do	209
business;	210

(2)(a) Subject to divisions (A)(2)(b) and (c) of this section	211
and except as otherwise provided in section 102.022 of the Revised	212
Code, identification of every source of income, other than income	213
from a legislative agent identified in division (A)(2)(b) of this	214
section, received during the preceding calendar year, in the	215
person's own name or by any other person for the person's use or	216
benefit, by the person filing the statement, and a brief	217
description of the nature of the services for which the income was	218
received. If the person filing the statement is a member of the	219
general assembly, the statement shall identify the amount of every	220
source of income received in accordance with the following ranges	221
of amounts: zero or more, but less than one thousand dollars; one	222
thousand dollars or more, but less than ten thousand dollars; ten	223
thousand dollars or more, but less than twenty-five thousand	224
dollars; twenty-five thousand dollars or more, but less than fifty	225
thousand dollars; fifty thousand dollars or more, but less than	226
one hundred thousand dollars; and one hundred thousand dollars or	227
more. Division (A)(2)(a) of this section shall not be construed to	228
require a person filing the statement who derives income from a	229
business or profession to disclose the individual items of income	230
that constitute the gross income of that business or profession,	231
except for those individual items of income that are attributable	232
to the person's or, if the income is shared with the person, the	233
partner's, solicitation of services or goods or performance,	234
arrangement, or facilitation of services or provision of goods on	235
behalf of the business or profession of clients, including	236
corporate clients, who are legislative agents as defined in	237
section 101.70 of the Revised Code. A person who files the	238
statement under this section shall disclose the identity of and	239
the amount of income received from a person who the public	240
official or employee knows or has reason to know is doing or	241
seeking to do business of any kind with the public official's or	242
employee's agency.	243

(b) If the person filing the statement is a member of the	244
general assembly, the statement shall identify every source of	245
income and the amount of that income that was received from a	246
legislative agent, as defined in section 101.70 of the Revised	247
Code, during the preceding calendar year, in the person's own name	248
or by any other person for the person's use or benefit, by the	249
person filing the statement, and a brief description of the nature	250
of the services for which the income was received. Division	251
(A)(2)(b) of this section requires the disclosure of clients of	252
attorneys or persons licensed under section 4732.12 of the Revised	253
Code, or patients of persons certified under section 4731.14 of	254
the Revised Code, if those clients or patients are legislative	255
agents. Division (A)(2)(b) of this section requires a person	256
filing the statement who derives income from a business or	257
profession to disclose those individual items of income that	258
constitute the gross income of that business or profession that	259
are received from legislative agents.	260

(c) Except as otherwise provided in division (A)(2)(c) of	261
this section, division (A)(2)(a) of this section applies to	262
attorneys, physicians, and other persons who engage in the	263
practice of a profession and who, pursuant to a section of the	264
Revised Code, the common law of this state, a code of ethics	265
applicable to the profession, or otherwise, generally are required	266
not to reveal, disclose, or use confidences of clients, patients,	267
or other recipients of professional services except under	268
specified circumstances or generally are required to maintain	269
those types of confidences as privileged communications except	270
under specified circumstances. Division (A)(2)(a) of this section	271
does not require an attorney, physician, or other professional	272
subject to a confidentiality requirement as described in division	273
(A)(2)(c) of this section to disclose the name, other identity, or	274
address of a client, patient, or other recipient of professional	275
services if the disclosure would threaten the client, patient, or	276
other recipient of professional services, would reveal details of	277
the subject matter for which legal, medical, or professional	278
advice or other services were sought, or would reveal an otherwise	279
privileged communication involving the client, patient, or other	280
recipient of professional services. Division (A)(2)(a) of this	281
section does not require an attorney, physician, or other	282
professional subject to a confidentiality requirement as described	283
in division (A)(2)(c) of this section to disclose in the brief	284
description of the nature of services required by division	285
(A)(2)(a) of this section any information pertaining to specific	286
professional services rendered for a client, patient, or other	287
recipient of professional services that would reveal details of	288
the subject matter for which legal, medical, or professional	289
advice was sought or would reveal an otherwise privileged	290
communication involving the client, patient, or other recipient of	291
professional services.	292

(3) The name of every corporation on file with the secretary	293
of state that is incorporated in this state or holds a certificate	294
of compliance authorizing it to do business in this state, trust,	295
business trust, partnership, or association that transacts	296
business in this state in which the person filing the statement or	297
any other person for the person's use and benefit had during the	298
preceding calendar year an investment of over one thousand dollars	299
at fair market value as of the thirty-first day of December of the	300
preceding calendar year, or the date of disposition, whichever is	301
earlier, or in which the person holds any office or has a	302
fiduciary relationship, and a description of the nature of the	303
investment, office, or relationship. Division (A)(3) of this	304
section does not require disclosure of the name of any bank,	305
savings and loan association, credit union, or building and loan	306
association with which the person filing the statement has a	307
deposit or a withdrawable share account.	308

(4) All fee simple and leasehold interests to which the	309
person filing the statement holds legal title to or a beneficial	310
interest in real property located within the state, excluding the	311
person's residence and property used primarily for personal	312
recreation;	313

(5) The names of all persons residing or transacting business	314
in the state to whom the person filing the statement owes, in the	315
person's own name or in the name of any other person, more than	316
one thousand dollars. Division (A)(5) of this section shall not be	317
construed to require the disclosure of debts owed by the person	318
resulting from the ordinary conduct of a business or profession or	319
debts on the person's residence or real property used primarily	320
for personal recreation, except that the superintendent of	321
financial institutions shall disclose the names of all	322
state-chartered savings and loan associations and of all service	323
corporations subject to regulation under division (E)(2) of	324
section 1151.34 of the Revised Code to whom the superintendent in	325
the superintendent's own name or in the name of any other person	326
owes any money, and that the superintendent and any deputy	327
superintendent of banks shall disclose the names of all	328
state-chartered banks and all bank subsidiary corporations subject	329
to regulation under section 1109.44 of the Revised Code to whom	330
the superintendent or deputy superintendent owes any money.	331

(6) The names of all persons residing or transacting business	332
in the state, other than a depository excluded under division	333
(A)(3) of this section, who owe more than one thousand dollars to	334
the person filing the statement, either in the person's own name	335
or to any person for the person's use or benefit. Division (A)(6)	336
of this section shall not be construed to require the disclosure	337
of clients of attorneys or persons licensed under section 4732.12	338
or 4732.15 of the Revised Code, or patients of persons certified	339
under section 4731.14 of the Revised Code, nor the disclosure of	340
debts owed to the person resulting from the ordinary conduct of a	341
business or profession.	342

(7) Except as otherwise provided in section 102.022 of the	343
Revised Code, the source of each gift of over seventy-five	344
dollars, or of each gift of over twenty-five dollars received by a	345
member of the general assembly from a legislative agent, received	346
by the person in the person's own name or by any other person for	347
the person's use or benefit during the preceding calendar year,	348
except gifts received by will or by virtue of section 2105.06 of	349
the Revised Code, or received from spouses, parents, grandparents,	350
children, grandchildren, siblings, nephews, nieces, uncles, aunts,	351
brothers-in-law, sisters-in-law, sons-in-law, daughters-in-law,	352
fathers-in-law, mothers-in-law, or any person to whom the person	353
filing the statement stands in loco parentis, or received by way	354
of distribution from any inter vivos or testamentary trust	355
established by a spouse or by an ancestor;	356

(8) Except as otherwise provided in section 102.022 of the	357
Revised Code, identification of the source and amount of every	358
payment of expenses incurred for travel to destinations inside or	359
outside this state that is received by the person in the person's	360
own name or by any other person for the person's use or benefit	361
and that is incurred in connection with the person's official	362
duties, except for expenses for travel to meetings or conventions	363
of a national or state organization to which any state agency,	364
including, but not limited to, any legislative agency or state	365
institution of higher education as defined in section 3345.011 of	366
the Revised Code, pays membership dues, or any political	367
subdivision or any office or agency of a political subdivision	368
pays membership dues;	369

(9) Except as otherwise provided in section 102.022 of the	370
Revised Code, identification of the source of payment of expenses	371
for meals and other food and beverages, other than for meals and	372
other food and beverages provided at a meeting at which the person	373
participated in a panel, seminar, or speaking engagement or at a	374
meeting or convention of a national or state organization to which	375
any state agency, including, but not limited to, any legislative	376
agency or state institution of higher education as defined in	377
section 3345.011 of the Revised Code, pays membership dues, or any	378
political subdivision or any office or agency of a political	379
subdivision pays membership dues, that are incurred in connection	380
with the person's official duties and that exceed one hundred	381
dollars aggregated per calendar year;	382

(10) If the financial disclosure statement is filed by a	383
public official or employee described in division (B)(2) of	384
section 101.73 of the Revised Code or division (B)(2) of section	385
121.63 of the Revised Code who receives a statement from a	386
legislative agent, executive agency lobbyist, or employer that	387
contains the information described in division (F)(2) of section	388
101.73 of the Revised Code or division (G)(2) of section 121.63 of	389
the Revised Code, all of the nondisputed information contained in	390
the statement delivered to that public official or employee by the	391
legislative agent, executive agency lobbyist, or employer under	392
division (F)(2) of section 101.73 or (G)(2) of section 121.63 of	393
the Revised Code. As used in division (A)(10) of this section,	394
"legislative agent," "executive agency lobbyist," and "employer"	395
have the same meanings as in sections 101.70 and 121.60 of the	396
Revised Code.	397

A person may file a statement required by this section in	398
person or by mail. A person who is a candidate for elective office	399
shall file the statement no later than the thirtieth day before	400
the primary, special, or general election at which the candidacy	401
is to be voted on, whichever election occurs soonest, except that	402
a person who is a write-in candidate shall file the statement no	403
later than the twentieth day before the earliest election at which	404
the person's candidacy is to be voted on. A person who holds	405
elective office shall file the statement on or before the	406
fifteenth day of April of each year unless the person is a	407
candidate for office. A person who is appointed to fill a vacancy	408
for an unexpired term in an elective office shall file the	409
statement within fifteen days after the person qualifies for	410
office. Other persons shall file an annual statement on or before	411
the fifteenth day of April or, if appointed or employed after that	412
date, within ninety days after appointment or employment. No	413
person shall be required to file with the appropriate ethics	414
commission more than one statement or pay more than one filing fee	415
for any one calendar year.	416

The appropriate ethics commission, for good cause, may extend	417
for a reasonable time the deadline for filing a statement under	418
this section.	419

A statement filed under this section is subject to public	420
inspection at locations designated by the appropriate ethics	421
commission except as otherwise provided in this section.	422

(B) The Ohio ethics commission, the joint legislative ethics	423
committee, and the board of commissioners on grievances and	424
discipline of the supreme court, using the rule-making procedures	425
of Chapter 119. of the Revised Code, may require any class of	426
public officials or employees under its jurisdiction and not	427
specifically excluded by this section whose positions involve a	428
substantial and material exercise of administrative discretion in	429
the formulation of public policy, expenditure of public funds,	430
enforcement of laws and rules of the state or a county or city, or	431
the execution of other public trusts, to file an annual statement	432
on or before the fifteenth day of April under division (A) of this	433
section. The appropriate ethics commission shall send the public	434
officials or employees written notice of the requirement by the	435
fifteenth day of February of each year the filing is required	436
unless the public official or employee is appointed after that	437
date, in which case the notice shall be sent within thirty days	438
after appointment, and the filing shall be made not later than	439
ninety days after appointment.	440

Except for disclosure statements filed by members of the	441
board of trustees and the executive director of the tobacco use	442
prevention and control foundation and members of the board of	443
trustees and the executive director of the southern Ohio	444
agricultural and community development foundation, disclosure	445
statements filed under this division with the Ohio ethics	446
commission by members of boards, commissions, or bureaus of the	447
state for which no compensation is received other than reasonable	448
and necessary expenses shall be kept confidential. Disclosure	449
statements filed with the Ohio ethics commission under division	450
(A) of this section by business managers, treasurers, and	451
superintendents of city, local, exempted village, joint	452
vocational, or cooperative education school districts or	453
educational service centers shall be kept confidential, except	454
that any person conducting an audit of any such school district or	455
educational service center pursuant to section 115.56 or Chapter	456
117. of the Revised Code may examine the disclosure statement of	457
any business manager, treasurer, or superintendent of that school	458
district or educational service center. The Ohio ethics commission	459
shall examine each disclosure statement required to be kept	460
confidential to determine whether a potential conflict of interest	461
exists for the person who filed the disclosure statement. A	462
potential conflict of interest exists if the private interests of	463
the person, as indicated by the person's disclosure statement,	464
might interfere with the public interests the person is required	465
to serve in the exercise of the person's authority and duties in	466
the person's office or position of employment. If the commission	467
determines that a potential conflict of interest exists, it shall	468
notify the person who filed the disclosure statement and shall	469
make the portions of the disclosure statement that indicate a	470
potential conflict of interest subject to public inspection in the	471
same manner as is provided for other disclosure statements. Any	472
portion of the disclosure statement that the commission determines	473
does not indicate a potential conflict of interest shall be kept	474
confidential by the commission and shall not be made subject to	475
public inspection, except as is necessary for the enforcement of	476
Chapters 102. and 2921. of the Revised Code and except as	477
otherwise provided in this division.	478

(C) No person shall knowingly fail to file, on or before the	479
applicable filing deadline established under this section, a	480
statement that is required by this section.	481

(D) No person shall knowingly file a false statement that is	482
required to be filed under this section.	483

(E)(1) Except as provided in divisions (E)(2) and (3) of this	484
section, the statement required by division (A) or (B) of this	485
section shall be accompanied by a filing fee of forty dollars.	486

(2) The statement required by division (A) of this section	487
shall be accompanied by the following filing fee to be paid by the	488
person who is elected or appointed to, or is a candidate for, any	489
of the following offices:	490

(3) No judge of a court of record or candidate for judge of a	510
court of record, and no referee or magistrate serving a court of	511
record, shall be required to pay the fee required under division	512
(E)(1) or (2) or (F) of this section.	513

(4) For any public official who is appointed to a nonelective	514
office of the state and for any employee who holds a nonelective	515
position in a public agency of the state, the state agency that is	516
the primary employer of the state official or employee shall pay	517
the fee required under division (E)(1) or (F) of this section.	518

(F) If a statement required to be filed under this section is	519
not filed by the date on which it is required to be filed, the	520
appropriate ethics commission shall assess the person required to	521
file the statement a late filing fee of ten dollars for each day	522
the statement is not filed, except that the total amount of the	523
late filing fee shall not exceed two hundred fifty dollars.	524

(G)(1) The appropriate ethics commission other than the Ohio	525
ethics commission shall deposit all fees it receives under	526
divisions (E) and (F) of this section into the general revenue	527
fund of the state.	528

(2) The Ohio ethics commission shall deposit all receipts,	529
including, but not limited to, fees it receives under divisions	530
(E) and (F) of this section and all moneys it receives from	531
settlements under division (G) of section 102.06 of the Revised	532
Code, into the Ohio ethics commission fund, which is hereby	533
created in the state treasury. All moneys credited to the fund	534
shall be used solely for expenses related to the operation and	535
statutory functions of the commission.	536

(H) Division (A) of this section does not apply to a person	537
elected or appointed to the office of precinct, ward, or district	538
committee member under Chapter 3517. of the Revised Code; a	539
presidential elector; a delegate to a national convention; village	540
or township officials and employees; any physician or psychiatrist	541
who is paid a salary or wage in accordance with schedule C of	542
section 124.15 or schedule E-2 of section 124.152 of the Revised	543
Code and whose primary duties do not require the exercise of	544
administrative discretion; or any member of a board, commission,	545
or bureau of any county or city who receives less than one	546
thousand dollars per year for serving in that position.	547

Sec. 123.01.  (A) The department of administrative services,	548
in addition to those powers enumerated in Chapters 124. and 125.	549
of the Revised Code, and as provided elsewhere by law, shall	550
exercise the following powers:	551

(1) To prepare, or contract to be prepared, by licensed	552
engineers or architects, surveys, general and detailed plans,	553
specifications, bills of materials, and estimates of cost for any	554
projects, improvements, or public buildings to be constructed by	555
state agencies that may be authorized by legislative	556
appropriations or any other funds made available therefor,	557
provided that the construction of the projects, improvements, or	558
public buildings is a statutory duty of the department. This	559
section does not require the independent employment of an	560
architect or engineer as provided by section 153.01 of the Revised	561
Code in the cases to which that section applies nor affect or	562
alter the existing powers of the director of transportation.	563

(2) To have general supervision over the construction of any	564
projects, improvements, or public buildings constructed for a	565
state agency and over the inspection of materials previous to	566
their incorporation into those projects, improvements, or	567
buildings;	568

(3) To make contracts for and supervise the construction of	569
any projects and improvements or the construction and repair of	570
buildings under the control of a state agency, except contracts	571
for the repair of buildings under the management and control of	572
the departments of public safety, job and family services, mental	573
health, mental retardation and developmental disabilities,	574
rehabilitation and correction, and youth services, the bureau of	575
workers' compensation, the rehabilitation services commission, and	576
boards of trustees of educational and benevolent institutions.	577
These contracts shall be made and entered into by the directors of	578
public safety, job and family services, mental health, mental	579
retardation and developmental disabilities, rehabilitation and	580
correction, and youth services, the administrator of workers'	581
compensation, the rehabilitation services commission, and the	582
boards of trustees of such institutions, respectively. All such	583
contracts may be in whole or in part on unit price basis of	584
maximum estimated cost, with payment computed and made upon actual	585
quantities or units.	586

(4) To prepare and suggest comprehensive plans for the	587
development of grounds and buildings under the control of a state	588
agency;	589

(5) To acquire, by purchase, gift, devise, lease, or grant,	590
all real estate required by a state agency, in the exercise of	591
which power the department may exercise the power of eminent	592
domain, in the manner provided by sections 163.01 to 163.22 of the	593
Revised Code;	594

(6) To make and provide all plans, specifications, and models	595
for the construction and perfection of all systems of sewerage,	596
drainage, and plumbing for the state in connection with buildings	597
and grounds under the control of a state agency;	598

(7) To erect, supervise, and maintain all public monuments	599
and memorials erected by the state, except where the supervision	600
and maintenance is otherwise provided by law;	601

(8) To procure, by lease, storage accommodations for a state	602
agency;	603

(9) To lease or grant easements or licenses for unproductive	604
and unused lands or other property under the control of a state	605
agency. Such leases, easements, or licenses shall be granted for a	606
period not to exceed fifteen years and shall be executed for the	607
state by the director of administrative services and the governor	608
and shall be approved as to form by the attorney general, provided	609
that leases, easements, or licenses may be granted to any county,	610
township, municipal corporation, port authority, water or sewer	611
district, school district, library district, health district, park	612
district, soil and water conservation district, conservancy	613
district, or other political subdivision or taxing district, or	614
any agency of the United States government, for the exclusive use	615
of that agency, political subdivision, or taxing district, without	616
any right of sublease or assignment, for a period not to exceed	617
fifteen years, and provided that the director shall grant leases,	618
easements, or licenses of university land for periods not to	619
exceed twenty-five years for purposes approved by the respective	620
university's board of trustees wherein the uses are compatible	621
with the uses and needs of the university and may grant leases of	622
university land for periods not to exceed forty years for purposes	623
approved by the respective university's board of trustees pursuant	624
to section 123.77 of the Revised Code.	625

(10) To lease office space in buildings for the use of a	626
state agency;	627

(11) To have general supervision and care of the storerooms,	628
offices, and buildings leased for the use of a state agency;	629

(12) To exercise general custodial care of all real property	630
of the state;	631

(13) To assign and group together state offices in any city	632
in the state and to establish, in cooperation with the state	633
agencies involved, rules governing space requirements for office	634
or storage use;	635

(14) To lease for a period not to exceed forty years,	636
pursuant to a contract providing for the construction thereof	637
under a lease-purchase plan, buildings, structures, and other	638
improvements for any public purpose, and, in conjunction	639
therewith, to grant leases, easements, or licenses for lands under	640
the control of a state agency for a period not to exceed forty	641
years. The lease-purchase plan shall provide that at the end of	642
the lease period, the buildings, structures, and related	643
improvements, together with the land on which they are situated,	644
shall become the property of the state without cost.	645

(a) Whenever any building, structure, or other improvement is	646
to be so leased by a state agency, the department shall retain	647
either basic plans, specifications, bills of materials, and	648
estimates of cost with sufficient detail to afford bidders all	649
needed information or, alternatively, all of the following plans,	650
details, bills of materials, and specifications:	651

(i) Full and accurate plans suitable for the use of mechanics	652
and other builders in the improvement;	653

(ii) Details to scale and full sized, so drawn and	654
represented as to be easily understood;	655

(iii) Accurate bills showing the exact quantity of different	656
kinds of material necessary to the construction;	657

(iv) Definite and complete specifications of the work to be	658
performed, together with such directions as will enable a	659
competent mechanic or other builder to carry them out and afford	660
bidders all needed information;	661

(v) A full and accurate estimate of each item of expense and	662
of the aggregate cost thereof.	663

(b) The department shall give public notice, in such	664
newspaper, in such form, and with such phraseology as the director	665
of administrative services prescribes, published once each week	666
for four consecutive weeks, of the time when and place where bids	667
will be received for entering into an agreement to lease to a	668
state agency a building, structure, or other improvement. The last	669
publication shall be at least eight days preceding the day for	670
opening the bids. The bids shall contain the terms upon which the	671
builder would propose to lease the building, structure, or other	672
improvement to the state agency. The form of the bid approved by	673
the department shall be used, and a bid is invalid and shall not	674
be considered unless that form is used without change, alteration,	675
or addition. Before submitting bids pursuant to this section, any	676
builder shall comply with Chapter 153. of the Revised Code.	677

(c) On the day and at the place named for receiving bids for	678
entering into lease agreements with a state agency, the director	679
of administrative services shall open the bids and shall publicly	680
proceed immediately to tabulate the bids upon duplicate sheets. No	681
lease agreement shall be entered into until the bureau of workers'	682
compensation has certified that the person to be awarded the lease	683
agreement has complied with Chapter 4123. of the Revised Code,	684
until, if the builder submitting the lowest and best bid is a	685
foreign corporation, the secretary of state has certified that the	686
corporation is authorized to do business in this state, until, if	687
the builder submitting the lowest and best bid is a person	688
nonresident of this state, the person has filed with the secretary	689
of state a power of attorney designating the secretary of state as	690
its agent for the purpose of accepting service of summons in any	691
action brought under Chapter 4123. of the Revised Code, and until	692
the agreement is submitted to the attorney general and the	693
attorney general's approval is certified thereon. Within thirty	694
days after the day on which the bids are received, the department	695
shall investigate the bids received and shall determine that the	696
bureau and the secretary of state have made the certifications	697
required by this section of the builder who has submitted the	698
lowest and best bid. Within ten days of the completion of the	699
investigation of the bids, the department shall award the lease	700
agreement to the builder who has submitted the lowest and best bid	701
and who has been certified by the bureau and secretary of state as	702
required by this section. If bidding for the lease agreement has	703
been conducted upon the basis of basic plans, specifications,	704
bills of materials, and estimates of costs, upon the award to the	705
builder the department, or the builder with the approval of the	706
department, shall appoint an architect or engineer licensed in	707
this state to prepare such further detailed plans, specifications,	708
and bills of materials as are required to construct the building,	709
structure, or improvement. The department shall adopt such rules	710
as are necessary to give effect to this section. The department	711
may reject any bid. Where there is reason to believe there is	712
collusion or combination among bidders, the bids of those	713
concerned therein shall be rejected.	714

(15) To acquire by purchase, gift, devise, or grant and to	715
transfer, lease, or otherwise dispose of all real property	716
required to assist in the development of a conversion facility as	717
defined in section 5709.30 of the Revised Code as that section	718
existed before its repeal by H.B. 95 of the 125th general	719
assembly;	720

(16) To lease for a period not to exceed forty years,	721
notwithstanding any other division of this section, the	722
state-owned property located at 408-450 East Town Street,	723
Columbus, Ohio, formerly the state school for the deaf, to a	724
developer in accordance with this section. "Developer," as used in	725
this section, has the same meaning as in section 123.77 of the	726
Revised Code.	727

Such a lease shall be for the purpose of development of the	728
land for use by senior citizens by constructing, altering,	729
renovating, repairing, expanding, and improving the site as it	730
existed on June 25, 1982. A developer desiring to lease the land	731
shall prepare for submission to the department a plan for	732
development. Plans shall include provisions for roads, sewers,	733
water lines, waste disposal, water supply, and similar matters to	734
meet the requirements of state and local laws. The plans shall	735
also include provision for protection of the property by insurance	736
or otherwise, and plans for financing the development, and shall	737
set forth details of the developer's financial responsibility.	738

The department may employ, as employees or consultants,	739
persons needed to assist in reviewing the development plans. Those	740
persons may include attorneys, financial experts, engineers, and	741
other necessary experts. The department shall review the	742
development plans and may enter into a lease if it finds all of	743
the following:	744

(a) The best interests of the state will be promoted by	745
entering into a lease with the developer;	746

(b) The development plans are satisfactory;

747

(c) The developer has established the developer's financial	748
responsibility and satisfactory plans for financing the	749
development.	750

The lease shall contain a provision that construction or	751
renovation of the buildings, roads, structures, and other	752
necessary facilities shall begin within one year after the date of	753
the lease and shall proceed according to a schedule agreed to	754
between the department and the developer or the lease will be	755
terminated. The lease shall contain such conditions and	756
stipulations as the director considers necessary to preserve the	757
best interest of the state. Moneys received by the state pursuant	758
to this lease shall be paid into the general revenue fund. The	759
lease shall provide that at the end of the lease period the	760
buildings, structures, and related improvements shall become the	761
property of the state without cost.	762

(17) To lease to any person any tract of land owned by the	763
state and under the control of the department, or any part of such	764
a tract, for the purpose of drilling for or the pooling of oil or	765
gas. Such a lease shall be granted for a period not exceeding	766
forty years, with the full power to contract for, determine the	767
conditions governing, and specify the amount the state shall	768
receive for the purposes specified in the lease, and shall be	769
prepared as in other cases.	770

(18) Biennially implementTo manage the use of space owned	771
and controlled by the department, including space in property	772
under the jurisdiction of the Ohio building authority, by doing	773
all of the following:	774

(a) Biennially implementing, by state agency location, a	775
census of agency employees assigned space;	776

(19) Require(b) Periodically in the discretion of the	777
director of administrative services:	778

(i) Requiring each state agency to categorize periodically	779
the use of space allotted to the agency between office space,	780
common areas, storage space, and other uses, and to report its	781
findings to the department;	782

(20) Create(ii) Creating and update periodicallyupdating a	783
master space utilization plan for all space allotted to state	784
agencies. The plan shall incorporate space utilization metrics.	785

(21) Conduct periodically(iii) Conducting a cost-benefit	786
analysis to determine the effectiveness of state-owned buildings;	787

(22) Assess periodically(iv) Assessing the alternatives	788
associated with consolidating the commercial leases for buildings	789
located in Columbus;.	790

(23) Commission(c) Commissioning a comprehensive space	791
utilization and capacity study in order to determine the	792
feasibility of consolidating existing commercially leased space	793
used by state agencies into a new state-owned facility.	794

(B) This section and section 125.02 of the Revised Code shall	795
not interfere with any of the following:	796

(1) The power of the adjutant general to purchase military	797
supplies, or with the custody of the adjutant general of property	798
leased, purchased, or constructed by the state and used for	799
military purposes, or with the functions of the adjutant general	800
as director of state armories;	801

(2) The power of the director of transportation in acquiring	802
rights-of-way for the state highway system, or the leasing of	803
lands for division or resident district offices, or the leasing of	804
lands or buildings required in the maintenance operations of the	805
department of transportation, or the purchase of real property for	806
garage sites or division or resident district offices, or in	807
preparing plans and specifications for and constructing such	808
buildings as the director may require in the administration of the	809
department;	810

(3) The power of the director of public safety and the	811
registrar of motor vehicles to purchase or lease real property and	812
buildings to be used solely as locations to which a deputy	813
registrar is assigned pursuant to division (B) of section 4507.011	814
of the Revised Code and from which the deputy registrar is to	815
conduct the deputy registrar's business, the power of the director	816
of public safety to purchase or lease real property and buildings	817
to be used as locations for division or district offices as	818
required in the maintenance of operations of the department of	819
public safety, and the power of the superintendent of the state	820
highway patrol in the purchase or leasing of real property and	821
buildings needed by the patrol, to negotiate the sale of real	822
property owned by the patrol, to rent or lease real property owned	823
or leased by the patrol, and to make or cause to be made repairs	824
to all property owned or under the control of the patrol;	825

(4) The power of the division of liquor control in the	826
leasing or purchasing of retail outlets and warehouse facilities	827
for the use of the division;	828

(5) The power of the director of development to enter into	829
leases of real property, buildings, and office space to be used	830
solely as locations for the state's foreign offices to carry out	831
the purposes of section 122.05 of the Revised Code.	832

(C) Purchases for, and the custody and repair of, buildings	833
under the management and control of the capitol square review and	834
advisory board, the rehabilitation services commission, the bureau	835
of workers' compensation, or the departments of public safety, job	836
and family services, mental health, mental retardation and	837
developmental disabilities, and rehabilitation and correction, and	838
buildings of educational and benevolent institutions under the	839
management and control of boards of trustees, are not subject to	840
the control and jurisdiction of the department of administrative	841
services.	842

(D) Any instrument by which real property is acquired	843
pursuant to this section shall identify the agency of the state	844
that has the use and benefit of the real property as specified in	845
section 5301.012 of the Revised Code.	846

Sec. 123.10. (A) The director of administrative services	847
shall regulate the rate of tolls to be collected on the public	848
works of the state, and shall fix all rentals and collect all	849
tolls, rents, fines, commissions, fees, and other revenues arising	850
from any source in the public works, including the sale,	851
construction, purchase, or rental of property.	852

(B) There is hereby created in the state treasury the state	853
architect's fund which shall consist of money received by the	854
department of administrative services under division (A) of this	855
section, transfers of money to the fund authorized by the general	856
assembly, and such percentageamount of the investment earnings of	857
the administrative building fund created in division (C) of this	858
section 152.101 of the Revised Code as the director of budget and	859
management determines to be appropriate and in excess of the	860
amounts required to meet estimated federal arbitrage rebate	861
requirements. Money in the fund shall be used by the department of	862
administrative services for the following purposes:	863

(1) To pay personnel and other administrative expenses of the	864
department;	865

(2) To pay the cost of conducting evaluations of public	866
works;	867

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

868

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

869

(5) Any other purposes that the director of administrative	870
services determines to be necessary for the department to execute	871
its duties under this chapter.	872

(C) There is hereby created in the state treasury the	873
administrative building fund which shall consist of proceeds of	874
obligations authorized to pay the cost of capital facilities.	875
Except as provided in division (B) of this section, all investment	876
earnings of the fund shall be credited to the fund. The fund shall	877
be used to pay the cost of capital facilities designated by or	878
pursuant to an act of the general assembly. The director of budget	879
and management shall approve and provide a voucher for payments of	880
amounts from the fund that represent the portion of investment	881
earnings to be rebated or to be paid to the federal government in	882
order to maintain the exclusion from gross income for federal	883
income tax purposes on interest on those obligations pursuant to	884
section 148(f) of the Internal Revenue Code.	885

As used in this division, "capital facilities" has the same	886
meaning as under section 152.09 of the Revised Code.	887

Sec. 124.15.  (A) Board and commission members appointed	888
prior to July 1, 1991, shall be paid a salary or wage in	889
accordance with the following schedules of rates:	890

Schedule B

891

Pay Ranges and Step Values

892

Schedule C

977

Pay Range and Values

978

(B) The pay schedule of all employees shall be on a biweekly	998
basis, with amounts computed on an hourly basis.	999

(C) Part-time employees shall be compensated on an hourly	1000
basis for time worked, at the rates shown in division (A) of this	1001
section or in section 124.152 of the Revised Code.	1002

(D) The salary and wage rates in division (A) of this section	1003
or in section 124.152 of the Revised Code represent base rates of	1004
compensation and may be augmented by the provisions of section	1005
124.181 of the Revised Code. In those cases where lodging, meals,	1006
laundry, or other personal services are furnished an employee, the	1007
actual costs or fair market value of the personal services shall	1008
be paid by the employee in such amounts and manner as determined	1009
by the director of administrative services and approved by the	1010
director of budget and management, and those personal services	1011
shall not be considered as a part of the employee's compensation.	1012
An appointing authority, with the approval of the director of	1013
administrative services and the director of budget and management,	1014
may establish payments to employees for uniforms, tools,	1015
equipment, and other requirements of the department and payments	1016
for the maintenance of them.	1017

The director of administrative services may review collective	1018
bargaining agreements entered into under Chapter 4117. of the	1019
Revised Code that cover state employees and determine whether	1020
certain benefits or payments provided to state employees covered	1021
by those agreements should also be provided to employees who are	1022
exempt from collective bargaining coverage and are paid in	1023
accordance with section 124.152 of the Revised Code or are listed	1024
in division (B)(2) or (4) of section 124.14 of the Revised Code.	1025
On completing the review, the director of administrative services,	1026
with the approval of the director of budget and management, may	1027
provide to some or all of these employees any payment or benefit,	1028
except for salary, contained in such a collective bargaining	1029
agreement even if it is similar to a payment or benefit already	1030
provided by law to some or all of these employees. Any payment or	1031
benefit so provided shall not exceed the highest level for that	1032
payment or benefit specified in such a collective bargaining	1033
agreement. The director of administrative services shall not	1034
provide, and the director of budget and management shall not	1035
approve, any payment or benefit to such an employee under this	1036
division unless the payment or benefit is provided pursuant to a	1037
collective bargaining agreement to a state employee who is in a	1038
position with similar duties as, is supervised by, or is employed	1039
by the same appointing authority as, the employee to whom the	1040
benefit or payment is to be provided.	1041

As used in this division, "payment or benefit already	1042
provided by law" includes, but is not limited to, bereavement,	1043
personal, vacation, administrative, and sick leave, disability	1044
benefits, holiday pay, and pay supplements provided under the	1045
Revised Code, but does not include wages or salary.	1046

(E) New employees paid underin accordance with schedule B of	1047
division (A) of this section or under schedule E-1 of section	1048
124.152 of the Revised Code shall be employed at the minimum rate	1049
established for the range unless otherwise provided. Employees	1050
with qualifications that are beyond the minimum normally required	1051
for the position and that are determined by the director to be	1052
exceptional may be employed in, or may be transferred or promoted	1053
to, a position at an advanced step of the range. Further, in time	1054
of a serious labor market condition when it is relatively	1055
impossible to recruit employees at the minimum rate for a	1056
particular classification, the entrance rate may be set at an	1057
advanced step in the range by the director of administrative	1058
services. This rate may be limited to geographical regions of the	1059
state. Appointments made to an advanced step under the provision	1060
regarding exceptional qualifications shall not affect the step	1061
assignment of employees already serving. However, anytime the	1062
hiring rate of an entire classification is advanced to a higher	1063
step, all incumbents of that classification being paid at a step	1064
lower than that being used for hiring, shall be advanced beginning	1065
at the start of the first pay period thereafter to the new hiring	1066
rate, and any time accrued at the lower step will be used to	1067
calculate advancement to a succeeding step. If the hiring rate of	1068
a classification is increased for only a geographical region of	1069
the state, only incumbents who work in that geographical region	1070
shall be advanced to a higher step. When an employee in the	1071
unclassified service changes from one state position to another or	1072
is appointed to a position in the classified service, or if an	1073
employee in the classified service is appointed to a position in	1074
the unclassified service, the employee's salary or wage in the new	1075
position shall be determined in the same manner as if the employee	1076
were an employee in the classified service. When an employee in	1077
the unclassified service who is not eligible for step increases is	1078
appointed to a classification in the classified service under	1079
which step increases are provided, future step increases shall be	1080
based on the date on which the employee last received a pay	1081
increase. If the employee has not received an increase during the	1082
previous year, the date of the appointment to the classified	1083
service shall be used to determine the employee's annual step	1084
advancement eligibility date. In reassigning any employee to a	1085
classification resulting in a pay range increase or to a new pay	1086
range as a result of a promotion, an increase pay range	1087
adjustment, or other classification change resulting in a pay	1088
range increase, the director shall assign such employee to the	1089
step in the new pay range that will provide an increase of	1090
approximately four per cent if the new pay range can accommodate	1091
the increase. When an employee is being assigned to a	1092
classification or new pay range as the result of a class plan	1093
change, if the employee has completed a probationary period, the	1094
employee shall be placed in a step no lower than step two of the	1095
new pay range. If the employee has not completed a probationary	1096
period, the employee may be placed in step one of the new pay	1097
range. Such new salary or wage shall become effective on such date	1098
as the director determines.	1099

(F) If employment conditions and the urgency of the work	1100
require such action, the director of administrative services may,	1101
upon the application of a department head, authorize payment at	1102
any rate established within the range for the class of work, for	1103
work of a casual or intermittent nature or on a project basis.	1104
Payment at such rates shall not be made to the same individual for	1105
more than three calendar months in any one calendar year. Any such	1106
action shall be subject to the approval of the director of budget	1107
and management as to the availability of funds. This section and	1108
sections 124.14 and 124.152 of the Revised Code do not repeal any	1109
authority of any department or public official to contract with or	1110
fix the compensation of professional persons who may be employed	1111
temporarily for work of a casual nature or for work on a project	1112
basis.	1113

(G)(1) Except as provided in division (G)(2) of this section,	1114
each state employee paid underin accordance with schedule B of	1115
this section or under schedule E-1 of section 124.152 of the	1116
Revised Code shall be eligible for advancement to succeeding steps	1117
in the range for the employee's class or grade according to the	1118
schedule established in this division. Beginning on the first day	1119
of the pay period within which the employee completes the	1120
prescribed probationary period in the employee's classification	1121
with the state, each employee shall receive an automatic salary	1122
adjustment equivalent to the next higher step within the pay range	1123
for the employee's class or grade.	1124

Each employee paid underin accordance with schedule E-1 of	1125
section 124.152 of the Revised Code shall be eligible to advance	1126
to the next higher step until the employee reaches step sixthe	1127
top step in the range for the employee's class or grade, if the	1128
employee has maintained satisfactory performance in accordance	1129
with criteria established by the employee's appointing authority.	1130
Those step advancements shall not occur more frequently than once	1131
in any twelve-month period. An employee only may advance to step	1132
seven upon performing at an exemplary level as determined in the	1133
employee's performance evaluation. An employee's advancement to	1134
step seven is at the discretion of the employee's appointing	1135
authority. An employee may not appeal the denial of advancement to	1136
step seven to the state personnel board of review.	1137

When an employee is promoted or reassigned to a higher pay	1138
range, the employee's step indicator shall return to "0" or be	1139
adjusted to account for a probationary period, as appropriate.	1140
Step advancement shall not be affected by demotion. A promoted	1141
employee shall advance to the next higher step of the pay range on	1142
the first day of the pay period in which the required probationary	1143
period is completed. Step advancement shall become effective at	1144
the beginning of the pay period within which the employee attains	1145
the necessary length of service. Time spent on authorized leave of	1146
absence shall be counted for this purpose.	1147

If determined to be in the best interest of the state	1148
service, the director of administrative services may, either	1149
statewide or in selected agencies, adjust the dates on which	1150
annual step advancements are received by employees paid underin	1151
accordance with schedule E-1 of section 124.152 of the Revised	1152
Code.	1153

(2)(a)(i) Except as provided in division (G)(2)(a)(ii) of	1154
this section, there shall be a moratorium on step advancements	1155
under division (G)(1) of this section from the pay period	1156
beginning June 29, 2003, through the pay period ending June 25,	1157
2005. Step advancements shall resume with the pay period beginning	1158
June 26, 2005. Upon the resumption of step advancements, there	1159
shall be no retroactive step advancements for the period the	1160
moratorium was in effect. The moratorium shall not affect an	1161
employee's performance evaluation schedule.	1162

(ii) During the moratorium under division (G)(2)(a)(i) of	1163
this section, an employee who is hired or promoted and serves a	1164
probationary period in the employee's new position shall advance	1165
to the next step in the employee's pay range upon successful	1166
completion of the employee's probationary period. Thereafter, the	1167
employee is subject to the moratorium.	1168

(b) The moratorium under division (G)(2)(a)(i) of this	1169
section shall apply to the employees of the secretary of state,	1170
the auditor of state, the treasurer of state, and the attorney	1171
general, who are subject to this section unless the secretary of	1172
state, the auditor of state, the treasurer of state, or the	1173
attorney general decides to exempt the office's employees from the	1174
moratorium and so notifies the director of administrative services	1175
in writing on or before July 1, 2003.	1176

(H) Employees in appointive managerial or professional	1177
positions paid under salaryin accordance with schedule C of this	1178
section or under salary schedule E-2 of section 124.152 of the	1179
Revised Code may be appointed at any rate within the appropriate	1180
pay range. This rate of pay may be adjusted higher or lower within	1181
the respective pay range at any time the appointing authority so	1182
desires as long as the adjustment is based on the employee's	1183
ability to successfully administer those duties assigned to the	1184
employee. Salary adjustments shall not be made more frequently	1185
than once in any six-month period under this provision to	1186
incumbents holding the same position and classification.	1187

(I) When an employee is assigned to duty outside this state,	1188
the employee may be compensated, upon request of the department	1189
head and with the approval of the director of administrative	1190
services, at a rate not to exceed fifty per cent in excess of the	1191
employee's current base rate for the period of time spent on that	1192
duty.	1193

(J) Unless compensation for members of a board or commission	1194
is otherwise specifically provided by law, the director of	1195
administrative services shall establish the rate and method of	1196
payment for members of boards and commissions pursuant to the pay	1197
schedules listed in section 124.152 of the Revised Code.	1198

(K) Regular full-time employees in positions assigned to	1199
classes within the instruction and education administration series	1200
under the rules of the director of administrative services, except	1201
certificated employees on the instructional staff of the state	1202
school for the blind or the state school for the deaf, whose	1203
positions are scheduled to work on the basis of an academic year	1204
rather than a full calendar year, shall be paid according to the	1205
pay range assigned by such rules but only during those pay periods	1206
included in the academic year of the school where the employee is	1207
located.	1208

(1) Part-time or substitute teachers or those whose period of	1209
employment is other than the full academic year shall be	1210
compensated for the actual time worked at the rate established by	1211
this section.	1212

(2) Employees governed by this division are exempt from	1213
sections 124.13 and 124.19 of the Revised Code.	1214

(3) Length of service for the purpose of determining	1215
eligibility for step advancements as provided by division (G) of	1216
this section and for the purpose of determining eligibility for	1217
longevity pay supplements as provided by division (E) of section	1218
124.181 of the Revised Code shall be computed on the basis of one	1219
full year of service for the completion of each academic year.	1220

(L) The superintendent of the state school for the deaf and	1221
the superintendent of the state school for the blind shall,	1222
subject to the approval of the superintendent of public	1223
instruction, carry out both of the following:	1224

(1) Annually, between the first day of April and the last day	1225
of June, establish for the ensuing fiscal year a schedule of	1226
hourly rates for the compensation of each certificated employee on	1227
the instructional staff of that superintendent's respective school	1228
constructed as follows:	1229

(a) Determine for each level of training, experience, and	1230
other professional qualification for which an hourly rate is set	1231
forth in the current schedule, the per cent that rate is of the	1232
rate set forth in such schedule for a teacher with a bachelor's	1233
degree and no experience. If there is more than one such rate for	1234
such a teacher, the lowest rate shall be used to make the	1235
computation.	1236

(b) Determine which six city, local, and exempted village	1237
school districts with territory in Franklin county have in effect	1238
on, or have adopted by, the first day of April for the school year	1239
that begins on the ensuing first day of July, teacher salary	1240
schedules with the highest minimum salaries for a teacher with a	1241
bachelor's degree and no experience;	1242

(c) Divide the sum of such six highest minimum salaries by	1243
ten thousand five hundred sixty;	1244

(d) Multiply each per cent determined in division (L)(1)(a)	1245
of this section by the quotient obtained in division (L)(1)(c) of	1246
this section;	1247

(e) One hundred five per cent of each product thus obtained	1248
shall be the hourly rate for the corresponding level of training,	1249
experience, or other professional qualification in the schedule	1250
for the ensuing fiscal year.	1251

(2) Annually, assign each certificated employee on the	1252
instructional staff of the superintendent's respective school to	1253
an hourly rate on the schedule that is commensurate with the	1254
employee's training, experience, and other professional	1255
qualifications.	1256

If an employee is employed on the basis of an academic year,	1257
the employee's annual salary shall be calculated by multiplying	1258
the employee's assigned hourly rate times one thousand seven	1259
hundred sixty. If an employee is not employed on the basis of an	1260
academic year, the employee's annual salary shall be calculated in	1261
accordance with the following formula:	1262

(a) Multiply the number of days the employee is required to	1263
work pursuant to the employee's contract by eight;	1264

(b) Multiply the product of division (L)(2)(a) of this	1265
section by the employee's assigned hourly rate.	1266

Each employee shall be paid an annual salary in biweekly	1267
installments. The amount of each installment shall be calculated	1268
by dividing the employee's annual salary by the number of biweekly	1269
installments to be paid during the year.	1270

Sections 124.13 and 124.19 of the Revised Code do not apply	1271
to an employee who is paid under this division.	1272

As used in this division, "academic year" means the number of	1273
days in each school year that the schools are required to be open	1274
for instruction with pupils in attendance. Upon completing an	1275
academic year, an employee paid under this division shall be	1276
deemed to have completed one year of service. An employee paid	1277
under this division is eligible to receive a pay supplement under	1278
division (L)(1), (2), or (3) of section 124.181 of the Revised	1279
Code for which the employee qualifies, but is not eligible to	1280
receive a pay supplement under division (L)(4) or (5) of that	1281
section. An employee paid under this division is eligible to	1282
receive a pay supplement under division (L)(6) of section 124.181	1283
of the Revised Code for which the employee qualifies, except that	1284
the supplement is not limited to a maximum of five per cent of the	1285
employee's regular base salary in a calendar year.	1286

(M) Division (A) of this section does not apply to "exempt	1287
employees," as defined in section 124.152 of the Revised Code, who	1288
are paid under that section.	1289

Notwithstanding any other provisions of this chapter, when an	1290
employee transfers between bargaining units or transfers out of or	1291
into a bargaining unit, the director shall establish the	1292
employee's compensation and adjust the maximum leave accrual	1293
schedule as the director deems equitable.	1294

Sec. 124.152.  (A)(1) Except as provided in divisions (A)(2)	1295
and (3) of this section, each exempt employee shall be paid a	1296
salary or wage in accordance with schedule E-1 or schedule E-2 of	1297
division (B) or (C) of this section.	1298

(2) Each exempt employee who holds a position in the	1299
unclassified civil service pursuant to division (A)(26) or (30) of	1300
section 124.11 of the Revised Code may be paid a salary or wage in	1301
accordance with schedule E-1, schedule E-1 for step seven only, or	1302
schedule E-2 of division (B), (C), (D), or (E) of this section, as	1303
applicable.	1304

(3)(a) Each exempt employee who was paid a salary or wage at	1305
step 7 in the employee's pay range on June 28, 2003, in accordance	1306
with the applicable schedule E-1 of former section 124.152 of the	1307
Revised Code and who continued to be so paid on June 29, 2003,	1308
shall be paid a salary or a wage in the corresponding pay range in	1309
schedule E-1 for step seven only of division (D) or (E) of this	1310
section for as long as the employee remains in the position the	1311
employee held as of July 1, 2003, except as otherwise provided in	1312
division (A)(3)(b) of this section.	1313

(b) If an exempt employee who is being paid a salary or wage	1314
in accordance with schedule E-1 for step seven only of division	1315
(D) or (E) of this section moves to a position assigned to pay	1316
range 12 or above, the appointing authority has the discretion to	1317
assign the employee to be paid a salary or wage in the appropriate	1318
pay range for the new position in accordance with schedule E-1 for	1319
step seven only, provided that the appointing authority so	1320
notifies the director of administrative services in writing at the	1321
time the employee is appointed to the new position.	1322

(c) If an exempt employee who is being paid a salary or wage	1323
in accordance with schedule E-1 for step seven only of division	1324
(D) or (E) of this section moves to a position where the employee	1325
is not eligible to receive a salary or wage in accordance with	1326
that schedule, the employee shall not receive a salary or wage in	1327
accordance with that schedule in the new position or any other new	1328
position in the future.	1329

(B) Beginning on the first day of the pay period that	1330
includes July 1, 2002, each exempt employee who must be paid in	1331
accordance with schedule E-1 or schedule E-2 of this section shall	1332
be paid a salary or wage in accordance with the following schedule	1333
of rates:	1334

Schedule E-1

1335

Pay Ranges and Step Values

1336

Schedule E-2

1375

(B)(C) Beginning on the first day of the pay period that	1395
includes July 1, 2005, each exempt employee who must be paid in	1396
accordance with schedule E-1 or schedule E-2 of this section shall	1397
be paid a salary or wage in accordance with the following schedule	1398
of rates:	1399

Schedule E-1

1400

Pay Ranges and Step Values

1401

Schedule E-2

1440

(D) Beginning on the first day of the pay period that	1460
includes July 1, 2003, each exempt employee who must be paid in	1461
accordance with schedule E-1 for step seven only shall be paid a	1462
salary or wage in accordance with the following schedule of rates:	1463

Schedule E-1 for Step Seven Only

1464

Pay Ranges and Step Seven Values

1465

(E) Beginning on the first day of the pay period that	1481
includes July 1, 2005, each exempt employee who must be paid in	1482
accordance with schedule E-1 for step seven only shall be paid a	1483
salary or wage in accordance with the following schedule of rates:	1484

Schedule E-1 for Step Seven Only

1485

Pay Ranges and Step Seven Values

1486

(C)(F) As used in this section, "exempt employee" means a	1502
permanent full-time or permanent part-time employee paid directly	1503
by warrant of the auditor of state whose position is included in	1504
the job classification plan established under division (A) of	1505
section 124.14 of the Revised Code but who is not considered a	1506
public employee for the purposes of Chapter 4117. of the Revised	1507
Code. As used in this section, "exempt employee" also includes a	1508
permanent full-time or permanent part-time employee of the	1509
secretary of state, auditor of state, treasurer of state, or	1510
attorney general who has not been placed in an appropriate	1511
bargaining unit by the state employment relations board.	1512

Sec. 124.181.  (A) Except as provided in division (M) of this	1513
section, any employee paid underin accordance with schedule B of	1514
section 124.15 or under schedule E-1 or schedule E-1 for step	1515
seven only of section 124.152 of the Revised Code is eligible for	1516
the pay supplements provided in this section upon application by	1517
the appointing authority substantiating the employee's	1518
qualifications for the supplement and with the approval of the	1519
director of administrative services except as provided in division	1520
(E) of this section.	1521

(B)(1) Except as provided in section 124.183 of the Revised	1522
Code, in computing any of the pay supplements provided in this	1523
section for an employee paid in accordance with schedule B of	1524
section 124.15 of the Revised Code, the classification salary base	1525
shall be the minimum hourly rate of the pay range, provided in	1526
that section 124.15 or 124.152 of the Revised Code, in which the	1527
employee is assigned at the time of computation.	1528

(2) Except as provided in section 124.183 of the Revised	1529
Code, in computing any of the pay supplements provided in this	1530
section for an employee paid in accordance with schedule E-1 of	1531
section 124.152 of the Revised Code, the classification salary	1532
base shall be the minimum hourly rate of the pay range, provided	1533
in that section, in which the employee is assigned at the time of	1534
computation.	1535

(3) Except as provided in section 124.183 of the Revised	1536
Code, in computing any of the pay supplements provided in this	1537
section for an employee paid in accordance with schedule E-1 for	1538
step seven only of section 124.152 of the Revised Code, the	1539
classification salary base shall be the minimum hourly rate in the	1540
corresponding pay range, provided in schedule E-1 of that section,	1541
to which the employee is assigned at the time of the computation.	1542

(C) The effective date of any pay supplement, except as	1543
provided in section 124.183 of the Revised Code or unless	1544
otherwise provided in this section, shall be determined by the	1545
director.	1546

(D) The director shall, by rule, establish standards	1547
regarding the administration of this section.	1548

(E)(1) Except as otherwise provided in this division,	1549
beginning on the first day of the pay period within which the	1550
employee completes five years of total service with the state	1551
government or any of its political subdivisions, each employee in	1552
positions paid under salaryin accordance with schedule B of	1553
section 124.15 of the Revised Code or under salaryin accordance	1554
with schedule E-1 or schedule E-1 for step seven only of section	1555
124.152 of the Revised Code shall receive an automatic salary	1556
adjustment equivalent to two and one-half per cent of the	1557
classification salary base, to the nearest whole cent. Each	1558
employee shall receive thereafter an annual adjustment equivalent	1559
to one-half of one per cent of the employee's classification	1560
salary base, to the nearest whole cent, for each additional year	1561
of qualified employment until a maximum of ten per cent of the	1562
employee's classification salary base is reached. The granting of	1563
longevity adjustments shall not be affected by promotion,	1564
demotion, or other changes in classification held by the employee,	1565
nor by any change in pay range for the employee's class or grade.	1566
Longevity pay adjustments shall become effective at the beginning	1567
of the pay period within which the employee completes the	1568
necessary length of service, except that when an employee requests	1569
credit for prior service, the effective date of the prior service	1570
credit and of any longevity adjustment shall be the first day of	1571
the pay period following approval of the credit by the director of	1572
administrative services. No employee, other than an employee who	1573
submits proof of prior service within ninety days after the date	1574
of the employee's hiring, shall receive any longevity adjustment	1575
for the period prior to the director's approval of a prior service	1576
credit. Time spent on authorized leave of absence shall be counted	1577
for this purpose.	1578

(2) An employee who has retired in accordance with the	1579
provisions of any retirement system offered by the state and who	1580
is employed by the state or any political subdivision of the state	1581
on or after June 24, 1987, shall not have prior service with the	1582
state or any political subdivision of the state counted for the	1583
purpose of determining the amount of the salary adjustment	1584
provided under this division.	1585

(3) There shall be a moratorium on employees' receipt under	1586
this division of credit for service with the state government or	1587
any of its political subdivisions during the period from July 1,	1588
2003, through June 30, 2005. In calculating the number of years of	1589
total service under this division, no credit shall be included for	1590
service during the moratorium. The moratorium shall apply to the	1591
employees of the secretary of state, the auditor of state, the	1592
treasurer of state, and the attorney general, who are subject to	1593
this section unless the secretary of state, the auditor of state,	1594
the treasurer of state, or the attorney general decides to exempt	1595
the office's employees from the moratorium and so notifies the	1596
director of administrative services in writing on or before July	1597
1, 2003.	1598

If an employee is exempt from the moratorium, receives credit	1599
for a period of service during the moratorium, and takes a	1600
position with another entity in the state government or any of its	1601
political subdivisions, either during or after the moratorium, and	1602
if that entity's employees are or were subject to the moratorium,	1603
the employee shall continue to retain the credit. However, if the	1604
moratorium is in effect upon the taking of the new position, the	1605
employee shall cease receiving additional credit as long as the	1606
employee is in the position, until the moratorium expires.	1607

(F) When an exceptional condition exists that creates a	1608
temporary or a permanent hazard for one or more positions in a	1609
class paid underin accordance with schedule B of section 124.15	1610
of the Revised Code or under salaryin accordance with schedule	1611
E-1 or schedule E-1 for step seven only of section 124.152 of the	1612
Revised Code, a special hazard salary adjustment may be granted	1613
for the time the employee is subjected to the hazardous condition.	1614
All special hazard conditions shall be identified for each	1615
position and incidence from information submitted to the director	1616
on an appropriate form provided by the director and categorized	1617
into standard conditions of: some unusual hazard not common to the	1618
class; considerable unusual hazard not common to the class; and	1619
exceptional hazard not common to the class.	1620

(1) A hazardous salary adjustment of five per cent of the	1621
employee's classification salary base may be applied in the case	1622
of some unusual hazardous condition not common to the class for	1623
those hours worked, or a fraction thereofof those hours worked,	1624
while the employee was subject to the unusual hazard condition.	1625

(2) A hazardous salary adjustment of seven and one-half per	1626
cent of the employee's classification salary base may be applied	1627
in the case of some considerable hazardous condition not common to	1628
the class for those hours worked, or a fraction thereofof those	1629
hours worked, while the employee was subject to the considerable	1630
hazard condition.	1631

(3) A hazardous salary adjustment of ten per cent of the	1632
employee's classification salary base may be applied in the case	1633
of some exceptional hazardous condition not common to the class	1634
for those hours worked, or a fraction thereofof those hours	1635
worked, when the employee was subject to the exceptional hazard	1636
condition.	1637

(4) Each claim for temporary hazard pay shall be submitted as	1638
a separate payment and shall be subject to an administrative audit	1639
by the director as to the extent and duration of the employee's	1640
exposure to the hazardous condition.	1641

(G) When a full-time employee whose salary or wage is paid	1642
directly by warrant of the auditor of state and who also is	1643
eligible for overtime under the "Fair Labor Standards Act of	1644
1938," 52 Stat. 1060, 29 U.S.C.A. 207, 213, as amended, is ordered	1645
by the appointing authority to report back to work after	1646
termination of the employee's regular work schedule and the	1647
employee reports, the employee shall be paid for such time. The	1648
employee shall be entitled to four hours at the employee's total	1649
rate of pay or overtime compensation for the actual hours worked,	1650
whichever is greater. This division does not apply to work that is	1651
a continuation of or immediately preceding an employee's regular	1652
work schedule.	1653

(H) When a certain position or positions paid underin	1654
accordance with schedule B of section 124.15 of the Revised Code	1655
or under salaryin accordance with schedule E-1 or schedule E-1	1656
for step seven only of section 124.152 of the Revised Code require	1657
the ability to speak or write a language other than English, a	1658
special pay supplement may be granted to attract bilingual	1659
individuals, to encourage present employees to become proficient	1660
in other languages, or to retain qualified bilingual employees.	1661
The bilingual pay supplement provided in this division may be	1662
granted in the amount of five per cent of the employee's	1663
classification salary base for each required foreign language and	1664
shall remain in effect as long as the bilingual requirement	1665
exists.	1666

(I) The director may establish a shift differential for	1667
employees. SuchThe differential shall be paid to employees in	1668
positions working in other than the regular or first shift. In	1669
those divisions or agencies where only one shift prevails, no	1670
shift differential shall be paid regardless of the hours of the	1671
day that are worked. The director and the appointing authority	1672
shall designate which positions shall be covered by this division.	1673

(J) Whenever an employee is assigned to work in a higher	1674
level position for a continuous period of more than two weeks but	1675
no more than two years because of a vacancy, the employee's pay	1676
may be established at a rate that is approximately four per cent	1677
above the employee's current base rate for the period the employee	1678
occupies the position, provided that this temporary occupancy is	1679
approved by the director. Employees paid under this division shall	1680
continue to receive any of the pay supplements due them under	1681
other divisions of this section based on the step one base rate	1682
for their normal classification.	1683

(K) If a certain position, or positions, within a class paid	1684
underin accordance with schedule B of section 124.15 of the	1685
Revised Code or under salaryin accordance with schedule E-1 or	1686
schedule E-1 for step seven only of section 124.152 of the Revised	1687
Code are mandated by state or federal law or regulation or other	1688
regulatory agency or other certification authority to have special	1689
technical certification, registration, or licensing to perform the	1690
functions which are under the mandate, a special professional	1691
achievement pay supplement may be granted. This special	1692
professional achievement pay supplement shall not be granted when	1693
all incumbents in all positions in a class require a license as	1694
provided in the classification description published by the	1695
department of administrative services; to licensees where no	1696
special or extensive training is required; when certification is	1697
granted upon completion of a stipulated term of in-service	1698
training; when an appointing authority has required certification;	1699
or any other condition prescribed by the director.	1700

(1) Before this supplement may be applied, evidence as to the	1701
requirement must be provided by the agency for each position	1702
involved, and certification must be received from the director as	1703
to the director's concurrence for each of the positions so	1704
affected.	1705

(2) The professional achievement pay supplement provided in	1706
this division shall be granted in an amount up to ten per cent of	1707
the employee's classification salary base and shall remain in	1708
effect as long as the mandate exists.	1709

(L) Those employees assigned to teaching supervisory,	1710
principal, assistant principal, or superintendent positions who	1711
have attained a higher educational level than a basic bachelor's	1712
degree may receive an educational pay supplement to remain in	1713
effect as long as the employee's assignment and classification	1714
remain the same.	1715

(1) An educational pay supplement of two and one-half per	1716
cent of the employee's classification salary base may be applied	1717
upon the achievement of a bachelor's degree plus twenty quarter	1718
hours of postgraduate work.	1719

(2) An educational pay supplement of an additional five per	1720
cent of the employee's classification salary base may be applied	1721
upon achievement of a master's degree.	1722

(3) An educational pay supplement of an additional two and	1723
one-half per cent of the employee's classification salary base may	1724
be applied upon achievement of a master's degree plus thirty	1725
quarter hours of postgraduate work.	1726

(4) An educational pay supplement of five per cent of the	1727
employee's classification salary base may be applied when the	1728
employee is performing as a master teacher.	1729

(5) An educational pay supplement of five per cent of the	1730
employee's classification salary base may be applied when the	1731
employee is performing as a special education teacher.	1732

(6) Those employees in teaching supervisory, principal,	1733
assistant principal, or superintendent positions who are	1734
responsible for specific extracurricular activity programs shall	1735
receive overtime pay for those hours worked in excess of their	1736
normal schedule, at their straight time hourly rate up to a	1737
maximum of five per cent of their regular base salary in any	1738
calendar year.	1739

(M)(1) A state agency, board, or commission may establish a	1740
supplementary compensation schedule for those licensed physicians	1741
employed by the agency, board, or commission in positions	1742
requiring a licensed physician. The supplementary compensation	1743
schedule, together with the compensation otherwise authorized by	1744
this chapter, shall provide for the total compensation for these	1745
employees to range appropriately, but not necessarily uniformly,	1746
for each classification title requiring a licensed physician, in	1747
accordance with a schedule approved by the state controlling	1748
board. The individual salary levels recommended for each such	1749
physician employed shall be approved by the director.	1750
Notwithstanding section 124.11 of the Revised Code, such personnel	1751
are in the unclassified civil service.	1752

(2) The director of administrative services may approve	1753
supplementary compensation for the director of health, if the	1754
director is a licensed physician, in accordance with a	1755
supplementary compensation schedule approved under division (M)(1)	1756
of this section or in accordance with another supplementary	1757
compensation schedule the director of administrative services	1758
considers appropriate. The supplementary compensation shall not	1759
exceed twenty per cent of the director of health's base rate of	1760
pay.	1761

(N) Notwithstanding sections 117.28, 117.30, 117.33, 117.36,	1762
117.42, and 131.02 of the Revised Code, the state shall not	1763
institute any civil action to recover and shall not seek	1764
reimbursement for overpayments made in violation of division (E)	1765
of this section or division (C) of section 9.44 of the Revised	1766
Code for the period starting after June 24, 1987, and ending on	1767
October 31, 1993.	1768

(O) Employees of the office of the treasurer of state who are	1769
exempt from collective bargaining coverage may be granted a merit	1770
pay supplement of up to one and one-half per cent of their step	1771
rate. The rate at which this supplement is granted shall be based	1772
on performance standards established by the treasurer of state.	1773
Any supplements granted under this division shall be administered	1774
on an annual basis.	1775

Sec. 124.183.  (A) As used in this section, "active payroll"	1776
means when an employee is actively working; on military, worker's	1777
workers' compensation, occupational injury, or disability leave;	1778
or on an approved leave of absence.	1779

(B)(1) Each permanent employee paid underin accordance with	1780
schedule E-1 of section 124.152 of the Revised Code who was	1781
appointed on or before March 6, 2003, and isremains continuously	1782
on the active payroll as ofthrough November 14, 2004, shall	1783
receive a one-time pay supplement. The supplement shall be a two	1784
per cent lump sum payment that is based on the annualization of	1785
the top step of the pay range in schedule E-1 that the employee is	1786
in on November 14, 2004.	1787

(2) Each permanent employee paid in accordance with schedule	1788
E-1 for step seven only of section 124.152 of the Revised Code who	1789
was appointed on or before March 6, 2003, and remains continuously	1790
on the active payroll through November 14, 2004, shall receive a	1791
one-time pay supplement. The supplement shall be a two per cent	1792
lump sum payment that is based on the annualization of step 6 of	1793
the pay range in schedule E-1 of section 124.152 of the Revised	1794
Code that corresponds with the pay range in schedule E-1 for step	1795
seven only that the employee is in on November 14, 2004.	1796

(3) Each permanent employee paid under schedule E-2 of	1797
section 124.152 of the Revised Code who was appointed on or before	1798
March 6, 2003, and isremains continuously on the active payroll	1799
as ofthrough November 14, 2004, shall receive a one-time pay	1800
supplement. The supplement shall be a two per cent lump sum	1801
payment that is based upon the annualization of the maximum hourly	1802
rate of the pay range in schedule E-2 that the employee is in on	1803
November 14, 2004.	1804

(C) Each permanent employee who is exempt from collective	1805
bargaining, is not covered by division (B) of this section, was	1806
appointed on or before March 6, 2003, and isremains continuously	1807
on the active payroll as ofthrough November 14, 2004, shall	1808
receive a one-time pay supplement. The supplement shall be a two	1809
per cent lump sum payment that is based upon the annualization of	1810
the base rate of the employee's pay on November 14, 2004.	1811

(D) A part-time employee who is eligible to receive a	1812
one-time pay supplement under division (B) or (C) of this section	1813
shall have the employee's one-time pay supplement pro-rated based	1814
on the number of hours worked in the twenty-six pay periods prior	1815
to November 14, 2004.	1816

An employee who is eligible to receive a one-time pay	1817
supplement under division (B) or (C) of this section and was on a	1818
voluntary leave of absence shall have the employee's one-time pay	1819
supplement pro-rated based on the number of hours worked in the	1820
twenty-six pay periods prior to November 14, 2004.	1821

(E) A one-time pay supplement under this section shall be	1822
paid in the employee's first paycheck in December of 2004.	1823

(F) Notwithstanding any provision of law to the contrary, a	1824
one-time pay supplement under this section shall not be subject to	1825
withholding for deposit into any state retirement system.	1826
Notwithstanding any provision of law to the contrary, a one-time	1827
pay supplement under this section shall not be used for	1828
calculation purposes in determining an employee's retirement	1829
benefits in any state retirement system.	1830

(G)(1) This section does not apply to employees of the	1831
general assembly, legislative agencies, or the supreme court, or	1832
state boards or commissions.	1833

(2) This section does not apply to employees of the secretary	1834
of state, the auditor of state, the treasurer of state, or the	1835
attorney general unless the secretary of state, the auditor of	1836
state, the treasurer of state, or the attorney general decides	1837
that the office's employees should be eligible for the one-time	1838
pay supplement and so notifies the director of administrative	1839
services in writing on or before July 1, 2004.	1840

Sec. 124.382.  (A) As used in this section and sections	1841
124.383, 124.386, 124.387, and 124.388 of the Revised Code:	1842

(1) "Base pay period" means the pay period that includes the	1843
first day of December.	1844

(2) "Pay period" means the fourteen-day period of time during	1845
which the payroll is accumulated, as determined by the director of	1846
administrative services.	1847

(3) "Active pay status" means the conditions under which an	1848
employee is eligible to receive pay, and includes, but is not	1849
limited to, vacation leave, sick leave, personal leave,	1850
bereavement leave, and administrative leave.	1851

(4) "No pay status" means the conditions under which an	1852
employee is ineligible to receive pay, and includes, but is not	1853
limited to, leave without pay, leave of absence, and disability	1854
leave.	1855

(5) "Disability leave" means the leave granted pursuant to	1856
section 124.385 of the Revised Code.	1857

(6) "Full-time permanent employee" means an employee whose	1858
regular hours of duty total eighty hours in a pay period in a	1859
state agency, and whose appointment is not for a limited period of	1860
time.	1861

(7) "Base rate of pay" means the rate of pay established	1862
under schedule B or C of section 124.15 of the Revised Code or	1863
under schedule E-1, schedule E-1 for step seven only, or schedule	1864
E-2 of section 124.152 of the Revised Code, plus any supplement	1865
provided under section 124.181 of the Revised Code, plus any	1866
supplements enacted into law which are added to schedule B or C of	1867
section 124.15 of the Revised Code or to schedule E-1, schedule	1868
E-1 for step seven only, or schedule E-2 of section 124.152 of the	1869
Revised Code.	1870

(8) "Part-time permanent employee" means an employee whose	1871
regular hours of duty total less than eighty hours in a pay period	1872
in a state agency and whose appointment is not for a limited	1873
period of time.	1874

(B) Each full-time permanent and part-time permanent employee	1875
whose salary or wage is paid directly by warrant of the auditor of	1876
state shall be credited with sick leave of three and one-tenth	1877
hours for each completed eighty hours of service, excluding	1878
overtime hours worked.	1879

(C) Any sick leave credit provided pursuant to division (B)	1880
of this section, remaining as of the last day of the pay period	1881
preceding the next succeeding base pay period, shall be converted	1882
pursuant to section 124.383 of the Revised Code.	1883

(D) Employees may use sick leave, provided a credit balance	1884
is available, upon approval of the responsible administrative	1885
officer of the employing unit, for absence due to personal	1886
illness, pregnancy, injury, exposure to contagious disease which	1887
that could be communicated to other employees, and to illness,	1888
injury, or death in the employee's immediate family. When sick	1889
leave is used, it shall be deducted from the employee's credit on	1890
the basis of absence from previously scheduled work in such	1891
increments of an hour and at such a compensation rate as the	1892
director of administrative services determines. The appointing	1893
authority of each employing unit may require an employee to	1894
furnish a satisfactory, signed statement to justify the use of	1895
sick leave.	1896

If, after having utilized the credit provided by this	1897
section, an employee utilizes sick leave that was accumulated	1898
prior to November 15, 1981, compensation for such sick leave used	1899
shall be at a rate as the director determines.	1900

(E)(1) The previously accumulated sick leave balance of an	1901
employee who has been separated from the public service, for which	1902
separation payments pursuant to the provisions of section 124.384	1903
of the Revised Code have not been made, shall be placed to the	1904
employee's credit upon the employee's reemployment in the public	1905
service, if the reemployment takes place within ten years of the	1906
date on which the employee was last terminated from public	1907
service.	1908

(2) The previously accumulated sick leave balance of an	1909
employee who has separated from a school district shall be placed	1910
to the employee's credit upon the employee's appointment as an	1911
unclassified employee of the state department of education, if all	1912
of the following apply:	1913

(a) The employee accumulated the sick leave balance while	1914
employed by the school district;.	1915

(b) The employee did not receive any separation payments for	1916
the sick leave balance;.	1917

(c) The employee's employment with the department takes place	1918
within ten years after the date on which the employee separated	1919
from the school district.	1920

(F) An employee who transfers from one public agency to	1921
another shall be credited with the unused balance of the	1922
employee's accumulated sick leave.	1923

(G) The director of administrative services shall establish	1924
procedures to uniformly administer this section. No sick leave may	1925
be granted to a state employee upon or after the employee's	1926
retirement or termination of employment.	1927

Sec. 126.32.  (A) Any officer of any state agency may	1928
authorize reimbursement for travel, including the costs of	1929
transportation, for lodging, and for meals to any person who is	1930
interviewing for a position that is classified in pay range 13 or	1931
above in schedule E-1 or schedule E-1 for step seven only, or is	1932
classified in schedule E-2, of section 124.152 of the Revised	1933
Code.	1934

(B) If a person is appointed to a position listed in section	1935
121.03 of the Revised Code, to the position of chairperson of the	1936
industrial commission, adjutant general, chancellor of the Ohio	1937
board of regents, superintendent of public instruction,	1938
chairperson of the public utilities commission of Ohio, or	1939
director of the state lottery commission, to a position holding a	1940
fiduciary relationship to the governor, to a position of an	1941
appointing authority of the department of mental health, mental	1942
retardation and developmental disabilities, or rehabilitation and	1943
correction, to a position of superintendent in the department of	1944
youth services, or to a position under section 122.05 of the	1945
Revised Code, and if that appointment requires a permanent change	1946
of residence, the appropriate state agency may reimburse the	1947
person for the person's actual and necessary expenses, including	1948
the cost of in-transit storage of household goods and personal	1949
effects, of moving the person and members of the person's	1950
immediate family residing in the person's household, and of moving	1951
their household goods and personal effects, to the person's new	1952
location.	1953

Until that person moves the person's permanent residence to	1954
the new location, but not for a period that exceeds thirty	1955
consecutive days, the state agency may reimburse the person for	1956
the person's temporary living expenses at the new location that	1957
the person has incurred on behalf of the person and members of the	1958
person's immediate family residing in the person's household. In	1959
addition, the state agency may reimburse that person for the	1960
person's travel expenses between the new location and the person's	1961
former residence during this period for a maximum number of trips	1962
specified by rule of the director of budget and management, but	1963
the state agency shall not reimburse the person for travel	1964
expenses incurred for those trips by members of the person's	1965
immediate family. With the prior written approval of the director,	1966
the maximum thirty-day period for temporary living expenses may be	1967
extended for a person appointed to a position under section 122.05	1968
of the Revised Code.	1969

The director of development may reimburse a person appointed	1970
to a position under section 122.05 of the Revised Code for the	1971
person's actual and necessary expenses of moving the person and	1972
members of the person's immediate family residing in the person's	1973
household back to the United States and may reimburse a person	1974
appointed to such a position for the cost of storage of household	1975
goods and personal effects of the person and the person's	1976
immediate family while the person is serving outside the United	1977
States, if the person's office outside the United States is the	1978
person's primary job location.	1979

(C) All reimbursement under division (A) or (B) of this	1980
section shall be made in the manner, and at rates that do not	1981
exceed those, provided by rule of the director of budget and	1982
management in accordance with section 111.15 of the Revised Code.	1983
Reimbursements may be made under division (B) of this section	1984
directly to the persons who incurred the expenses or directly to	1985
the providers of goods or services the persons receive, as	1986
determined by the director of budget and management.	1987

Sec. 152.09.  (A) As used in sections 152.06 and 152.09 to	1988
152.33 of the Revised Code:	1989

(1) "Obligations" means bonds, notes, or other evidences of	1990
obligation, including interest coupons pertaining thereto, issued	1991
pursuant to sections 152.09 to 152.33 of the Revised Code.	1992

(2) "State agencies" means the state of Ohio and branches,	1993
officers, boards, commissions, authorities, departments,	1994
divisions, courts, general assembly, or other units or agencies of	1995
the state. "State agency" also includes counties, municipal	1996
corporations, and governmental entities of this state that enter	1997
into leases with the Ohio building authority pursuant to section	1998
152.31 of the Revised Code or that are designated by law as state	1999
agencies for the purpose of performing a state function that is to	2000
be housed by a capital facility for which the Ohio building	2001
authority is authorized to issue revenue obligations pursuant to	2002
sections 152.09 to 152.33 of the Revised Code.	2003

(3) "Bond service charges" means principal, including	2004
mandatory sinking fund requirements for retirement of obligations,	2005
and interest, and redemption premium, if any, required to be paid	2006
by the Ohio building authority on obligations.	2007

(4) "Capital facilities" means buildings, structures, and	2008
other improvements, and equipment, real estate, and interests in	2009
real estate therefor, within the state, and any one, part of, or	2010
combination of the foregoing, for housing of branches and agencies	2011
of state government, including capital facilities for the purpose	2012
of housing personnel, equipment, or functions, or any combination	2013
thereof that the state agencies are responsible for housing, for	2014
which the Ohio building authority is authorized to issue	2015
obligations pursuant to Chapter 152. of the Revised Code, and	2016
includes storage and parking facilities related to such capital	2017
facilities.	2018

(5) "Cost of capital facilities" means the costs of	2019
acquiring, constructing, reconstructing, rehabilitating,	2020
remodeling, renovating, enlarging, improving, altering,	2021
maintaining, equipping, furnishing, repairing, painting,	2022
decorating, managing, or operating capital facilities, and the	2023
financing thereof, including the cost of clearance and preparation	2024
of the site and of any land to be used in connection with capital	2025
facilities, the cost of participating in capital facilities	2026
pursuant to section 152.33 of the Revised Code, the cost of any	2027
indemnity and surety bonds and premiums on insurance, all related	2028
direct administrative expenses and allocable portions of direct	2029
costs of the authority and lessee state agencies, cost of	2030
engineering and architectural services, designs, plans,	2031
specifications, surveys, and estimates of cost, legal fees, fees	2032
and expenses of trustees, depositories, and paying agents for the	2033
obligations, cost of issuance of the obligations and financing	2034
charges and fees and expenses of financial advisers and	2035
consultants in connection therewith, interest on obligations from	2036
the date thereof to the time when interest is to be covered from	2037
sources other than proceeds of obligations, amounts that represent	2038
the portion of investment earnings to be rebated or to be paid to	2039
the federal government in order to maintain the exclusion from	2040
gross income for federal income tax purposes of interest on those	2041
obligations pursuant to section 148(f) of the Internal Revenue	2042
Code, amounts necessary to establish reserves as required by the	2043
resolutions or the obligations, trust agreements, or indentures,	2044
costs of audits, the reimbursement of all moneys advanced or	2045
applied by or borrowed from any governmental entity, whether to or	2046
by the authority or others, from whatever source provided, for the	2047
payment of any item or items of cost of the capital facilities,	2048
any share of the cost undertaken by the authority pursuant to	2049
arrangements made with governmental entities under division (J) of	2050
section 152.21 of the Revised Code, and all other expenses	2051
necessary or incident to planning or determining the feasibility	2052
or practicability with respect to capital facilities, and such	2053
other expenses as may be necessary or incident to the acquisition,	2054
construction, reconstruction, rehabilitation, remodeling,	2055
renovation, enlargement, improvement, alteration, maintenance,	2056
equipment, furnishing, repair, painting, decoration, management,	2057
or operation of capital facilities, the financing thereof and the	2058
placing of the same in use and operation, including any one, part	2059
of, or combination of such classes of costs and expenses.	2060

(6) "Governmental entity" means any state agency, municipal	2061
corporation, county, township, school district, and any other	2062
political subdivision or special district in this state	2063
established pursuant to law, and, except where otherwise	2064
indicated, also means the United States or any of the states or	2065
any department, division, or agency thereof, and any agency,	2066
commission, or authority established pursuant to an interstate	2067
compact or agreement.	2068

(7) "Governing body" means:

2069

(a) In the case of a county, the board of county	2070
commissioners or other legislative authority; in the case of a	2071
municipal corporation, the legislative authority; in the case of a	2072
township, the board of township trustees; in the case of a school	2073
district, the board of education;	2074

(b) In the case of any other governmental entity, the	2075
officer, board, commission, authority, or other body having the	2076
general management of the entity or having jurisdiction or	2077
authority in the particular circumstances.	2078

(8) "Available receipts" means fees, charges, revenues,	2079
grants, subsidies, income from the investment of moneys, proceeds	2080
from the sale of goods or services, and all other revenues or	2081
receipts received by or on behalf of any state agency for which	2082
capital facilities are financed with obligations issued under	2083
Chapter 152. of the Revised Code, any state agency participating	2084
in capital facilities pursuant to section 152.33 of the Revised	2085
Code, or any state agency by which the capital facilities are	2086
constructed or financed; revenues or receipts derived by the	2087
authority from the operation, leasing, or other disposition of	2088
capital facilities, and the proceeds of obligations issued under	2089
Chapter 152. of the Revised Code; and also any moneys appropriated	2090
by a governmental entity, gifts, grants, donations, and pledges,	2091
and receipts therefrom, available for the payment of bond service	2092
charges on such obligations.	2093

(B) Pursuant to the powers granted to the general assembly	2094
under Section 2i of Article VIII, Ohio Constitution, to authorize	2095
the issuance of revenue obligations and other obligations, the	2096
owners or holders of which are not given the right to have excises	2097
or taxes levied by the general assembly for the payment of	2098
principal thereof or interest thereon, the Ohio building authority	2099
may issue obligations, in accordance with Chapter 152. of the	2100
Revised Code, and shall cause the net proceeds thereof, after any	2101
deposits of accrued interest for the payment of bond service	2102
charges and after any deposit of all or such lesser portion as the	2103
authority may direct of the premium received upon the sale of	2104
those obligations for the payment of the bond service charges, to	2105
be applied to the costs of capital facilities designated by or	2106
pursuant to act of the general assembly for housing state agencies	2107
as authorized by Chapter 152. of the Revised Code. The authority	2108
shall provide by resolution for the issuance of such obligations.	2109
The bond service charges and all other payments required to be	2110
made by the trust agreement or indenture securing such obligations	2111
shall be payable solely from available receipts of the authority	2112
pledged thereto as provided in such resolution. The available	2113
receipts pledged and thereafter received by the authority are	2114
immediately subject to the lien of such pledge without any	2115
physical delivery thereof or further act, and the lien of any such	2116
pledge is valid and binding against all parties having claims of	2117
any kind against the authority, irrespective of whether those	2118
parties have notice thereof, and creates a perfected security	2119
interest for all purposes of Chapter 1309. of the Revised Code and	2120
a perfected lien for purposes of any real property interest, all	2121
without the necessity for separation or delivery of funds or for	2122
the filing or recording of the resolution, trust agreement,	2123
indenture, or other agreement by which such pledge is created or	2124
any certificate, statement, or other document with respect	2125
thereto; and the pledge of such available receipts is effective	2126
and the money therefrom and thereof may be applied to the purposes	2127
for which pledged. Every pledge, and every covenant and agreement	2128
made with respect to the pledge, made in the resolution may	2129
therein be extended to the benefit of the owners and holders of	2130
obligations authorized by Chapter 152. of the Revised Code, and to	2131
any trustee therefor, for the further securing of the payment of	2132
the bond service charges, and all or any rights under any	2133
agreement or lease made under this section may be assigned for	2134
such purpose. Obligations may be issued at one time or from time	2135
to time, and each issue shall be dated, shall mature at such time	2136
or times as determined by the authority not exceeding forty years	2137
from the date of issue, and may be redeemable before maturity at	2138
the option of the authority at such price or prices and under such	2139
terms and conditions as are fixed by the authority prior to the	2140
issuance of the obligations. The authority shall determine the	2141
form of the obligations, fix their denominations, establish their	2142
interest rate or rates, which may be a variable rate or rates, or	2143
the maximum interest rate, and establish within or without this	2144
state a place or places of payment of bond service charges.	2145

(C) The obligations shall be signed by the authority	2146
chairperson, vice-chairperson, and secretary-treasurer, and the	2147
authority seal shall be affixed. The signatures may be facsimile	2148
signatures and the seal affixed may be a facsimile seal, as	2149
provided by resolution of the authority. Any coupons attached may	2150
bear the facsimile signature of the chairperson. In case any	2151
officer who has signed any obligations, or caused the officer's	2152
facsimile signature to be affixed thereto, ceases to be such	2153
officer before such obligations have been delivered, such	2154
obligations may, nevertheless, be issued and delivered as though	2155
the person who had signed the obligations or caused the person's	2156
facsimile signature to be affixed thereto had not ceased to be	2157
such officer.	2158

Any obligations may be executed on behalf of the authority by	2159
an officer who, on the date of execution, is the proper officer	2160
although on the date of such obligations such person was not the	2161
proper officer.	2162

(D) All obligations issued by the authority shall have all	2163
the qualities and incidents of negotiable instruments and may be	2164
issued in coupon or in registered form, or both, as the authority	2165
determines. Provision may be made for the registration of any	2166
obligations with coupons attached thereto as to principal alone or	2167
as to both principal and interest, their exchange for obligations	2168
so registered, and for the conversion or reconversion into	2169
obligations with coupons attached thereto of any obligations	2170
registered as to both principal and interest, and for reasonable	2171
charges for such registration, exchange, conversion, and	2172
reconversion. The authority may sell its obligations in any manner	2173
and for such prices as it determines, except that the authority	2174
shall sell obligations sold at public or private sale in	2175
accordance with section 152.091 of the Revised Code.	2176

(E) The obligations of the authority, principal, interest,	2177
and any proceeds from their sale or transfer, are exempt from all	2178
taxation within this state.	2179

(F) The authority is authorized to issue revenue obligations	2180
and other obligations under Section 2i of Article VIII, Ohio	2181
Constitution, for the purpose of paying the cost of capital	2182
facilities for housing of branches and agencies of state	2183
government, including capital facilities for the purpose of	2184
housing personnel, equipment, or functions, or any combination	2185
thereof that the state agencies are responsible for housing, as	2186
are authorized by Chapter 152. of the Revised Code, and that are	2187
authorized by the general assembly by the appropriation of lease	2188
payments or other moneys for such capital facilities or by any	2189
other act of the general assembly, but not including the	2190
appropriation of moneys for feasibility studies for such capital	2191
facilities. This division does not authorize the authority to	2192
issue obligations pursuant to Section 2i of Article VIII, Ohio	2193
Constitution, to pay the cost of capital facilities for mental	2194
hygiene and retardation, parks and recreation, or state-supported	2195
or state-assisted institutions of higher education.	2196

Sec. 175.21.  (A) The low- and moderate-income housing trust	2197
fund is hereby created in the state treasury. The fund shall	2198
consist of all appropriations made to the fund, housing trust fund	2199
fees collected by county recorders pursuant to section 317.36 of	2200
the Revised Code and deposited into the fund pursuant to section	2201
319.63 of the Revised Code, and all grants, gifts, loan	2202
repayments, and contributions of money made from any source to the	2203
department of development for deposit in the fund. All investment	2204
earnings of the fund shall be credited to the fund. The director	2205
of development shall allocate a portion of the money in the fund	2206
to an account of the Ohio housing finance agency. The department	2207
shall administer the fund. The agency shall use money allocated to	2208
it in the fund for implementing and administering its programs and	2209
duties under sections 175.22 and 175.24 of the Revised Code, and	2210
the department shall use the remaining money in the fund for	2211
implementing and administering its programs and duties under	2212
sections 175.22 to 175.25 of the Revised Code. Use of all money in	2213
the fund is subject to the following restrictions:	2214

(1) Not more than six per cent of any current year	2215
appropriation authority for the fund shall be used for the	2216
transitional and permanent housing program to make grants to	2217
municipal corporations, counties, townships, and nonprofit	2218
organizations for the acquisition, rehabilitation, renovation,	2219
construction, conversion, operation, and cost of supportive	2220
services for new and existing transitional and permanent housing	2221
for homeless persons.	2222

(2)(a) Not more than five per cent of any current year	2223
appropriation authority for the fund shall be used for grants and	2224
loans to community development corporations and the Ohio community	2225
development finance fund, a private nonprofit corporation.	2226

(b) In any year in which the amount in the fund exceeds one	2227
hundred thousand dollars, not less than one hundred thousand	2228
dollars shall be used to provide training, technical assistance,	2229
and capacity building assistance to nonprofit development	2230
organizations in areas of the state the director designates as	2231
underserved.	2232

(c) For monies awarded in any fiscal year, priority shall be	2233
given to proposals submitted by nonprofit development	2234
organizations from areas of the state the director designates as	2235
underserved.	2236

(3) Not more than seven per cent of any current year	2237
appropriation authority for the fund shall be used for the	2238
emergency shelter housing grants program to make grants to	2239
private, nonprofit organizations and municipal corporations,	2240
counties, and townships for emergency shelter housing for the	2241
homeless. The grants shall be distributed pursuant to rules the	2242
director adopts and qualify as matching funds for funds obtained	2243
pursuant to the McKinney Act, 101 Stat. 85 (1987), 42 U.S.C.A.	2244
11371 to 11378.	2245

(4) In any fiscal year in which the amount in the fund	2246
exceeds the amount awarded pursuant to division (A)(2)(b) of this	2247
section by at least two hundred fifty thousand dollars, at least	2248
two hundred fifty thousand dollars from the fund shall be provided	2249
to the department of aging for the resident services coordinator	2250
program.	2251

(5) Of all money incurrent year appropriation authority for	2252
the fund:	2253

(a) Not, not more than five per cent shall be used for	2254
administration.	2255

(b)(6) Not less than forty-five per cent of the funds awarded	2256
during any one fiscal year shall be for grants and loans to	2257
nonprofit organizations under section 175.22 of the Revised Code.	2258

(c)(7) Not less than fifty per cent of the funds awarded	2259
during any one fiscal year, excluding the amounts awarded pursuant	2260
to divisions (A)(1), (A)(2), and (A)(3) of this section, shall be	2261
for grants and loans for activities that provide housing and	2262
housing assistance to families and individuals in rural areas and	2263
small cities that are not eligible to participate as a	2264
participating jurisdiction under the "HOME Investment Partnerships	2265
Act," 104 Stat. 4094 (1990), 42 U.S.C. 12701 note, 12721.	2266

(d)(8) No money in the fund shall be used to pay for any	2267
legal services other than the usual and customary legal services	2268
associated with the acquisition of housing.	2269

(6)(9) Except as otherwise provided by the director under	2270
division (B) of this section, money in the fund may be used as	2271
matching money for federal funds received by the state, counties,	2272
municipal corporations, and townships for the activities listed in	2273
section 175.22 of the Revised Code.	2274

(B) If after the second quarter of any year it appears to the	2275
director that the full amount of the money in the fund designated	2276
in that year for activities that provide housing and housing	2277
assistance to families and individuals in rural areas and small	2278
cities under division (A) of this section will not be used for	2279
that purpose, the director may reallocate all or a portion of that	2280
amount for other housing activities. In determining whether or how	2281
to reallocate money under this division, the director may consult	2282
with and shall receive advice from the housing trust fund advisory	2283
committee.	2284

Sec. 3311.059. The procedure prescribed in this section may	2285
be used in lieu of a transfer prescribed under section 3311.231 of	2286
the Revised Code.	2287

(A) Subject to divisions (B) and (C) of this section, a board	2288
of education of a local school district may by a resolution	2289
approved by a majority of all its members propose to sever that	2290
local school district from the territory of the educational	2291
service center in which the local school district is currently	2292
included and to instead annex the local school district to the	2293
territory of another educational service center, the current	2294
territory of which is adjacent to the territory of the educational	2295
service center in which the local school district is currently	2296
included. The resolution shall promptly be filed with the	2297
governing board of each educational service center affected by the	2298
resolution and with the superintendent of public instruction.	2299

(B) The resolution adopted under division (A) of this section	2300
shall not be effective unless it is approved by both the governing	2301
board of the educational service center to which the board of	2302
education proposes to annex the local school district and the	2303
state board of education. The severance of the local school	2304
district from one educational service center and its annexation to	2305
another educational service center under this section shall not be	2306
effective until one year after the first day of July following the	2307
later of the date that the governing board of the educational	2308
service center to which the local school district is proposed to	2309
be annexedstate board of education approves the resolution or the	2310
date the board of elections certifies the results of the	2311
referendum election as provided in division (C) of this section.	2312

(C) Within sixty days following the date of the adoption of	2313
the resolution under division (A) of this section, the electors of	2314
the local school district may petition for a referendum vote on	2315
the resolution. The question whether to approve or disapprove the	2316
resolution shall be submitted to the electors of such school	2317
district if a number of qualified electors equal to twenty per	2318
cent of the number of electors in the school district who voted	2319
for the office of governor at the most recent general election for	2320
that office sign a petition asking that the question of whether	2321
the resolution shall be disapproved be submitted to the electors.	2322
The petition shall be filed with the board of elections of the	2323
county in which the school district is located. If the school	2324
district is located in more than one county, the petition shall be	2325
filed with the board of elections of the county in which the	2326
majority of the territory of the school district is located. The	2327
board shall certify the validity and sufficiency of the signatures	2328
on the petition.	2329

The board of elections shall immediately notify the board of	2330
education of the local school district and the governing board of	2331
each educational service center affected by the resolution that	2332
the petition has been filed.	2333

The effect of the resolution shall be stayed until the board	2334
of elections certifies the validity and sufficiency of the	2335
signatures on the petition. If the board of elections determines	2336
that the petition does not contain a sufficient number of valid	2337
signatures and sixty days have passed since the adoption of the	2338
resolution, the resolution shall become effective as provided in	2339
division (B) of this section.	2340

If the board of elections certifies that the petition	2341
contains a sufficient number of valid signatures, the board shall	2342
submit the question to the qualified electors of the school	2343
district on the day of the next general or primary election held	2344
at least seventy-five days after the board of elections certifies	2345
the validity and sufficiency of signatures on the petition. The	2346
election shall be conducted and canvassed and the results shall be	2347
certified in the same manner as in regular elections for the	2348
election of members of a board of education.	2349

If a majority of the electors voting on the question	2350
disapprove the resolution, the resolution shall not become	2351
effective. If a majority of the electors voting on the question	2352
approve the resolution, the resolution shall become effective as	2353
provided in division (B) of this section.	2354

(D) Upon the effective date of the severance of the local	2355
school district from one educational service center and its	2356
annexation to another educational service center as provided in	2357
division (B) of this section, the governing board of each	2358
educational service center shall take such steps for the election	2359
of members of the governing board and for organization of the	2360
governing board as prescribed in Chapter 3313. of the Revised	2361
Code.	2362

(E) If a school district is severed from one educational	2363
service center and annexed to another service center under this	2364
section, the board of education of that school district shall not	2365
propose a subsequent severance and annexation action under this	2366
section that would be effective sooner than five years after the	2367
effective date of the next previous severance and annexation	2368
action under this section.	2369

Sec. 3327.01.  Notwithstanding division (D) of section	2370
3311.19 and division (D) of section 3311.52 of the Revised Code,	2371
this section and sections 3327.011, 3327.012, and 3327.02 of the	2372
Revised Code do not apply to any joint vocational or cooperative	2373
education school district.	2374

In all city, local, and exempted village school districts	2375
where resident school pupils in grades kindergarten through eight	2376
live more than two miles from the school for which the state board	2377
of education prescribes minimum standards pursuant to division (D)	2378
of section 3301.07 of the Revised Code and to which they are	2379
assigned by the board of education of the district of residence or	2380
to and from the nonpublic or community school which they attend	2381
the board of education shall provide transportation for such	2382
pupils to and from such school except as provided in section	2383
3327.02 of the Revised Code.	2384

In all city, local, and exempted village school districts the	2385
board may provide transportation for resident school pupils in	2386
grades nine through twelve to and from the high school to which	2387
they are assigned by the board of education of the district of	2388
residence or to and from the nonpublic or community high school	2389
which they attend for which the state board of education	2390
prescribes minimum standards pursuant to division (D) of section	2391
3301.07 of the Revised Code.	2392

A board of education shall not be required to transport	2393
elementary or high school pupils to and from a nonpublic or	2394
community school where such transportation would require more than	2395
thirty minutes of direct travel time as measured by school bus	2396
from the collection pointpublic school building to which the	2397
pupils would be assigned if attending the public school designated	2398
by the district of residence.	2399

Where it is impractical to transport a pupil by school	2400
conveyance, a board of education may offer payment, in lieu of	2401
providing such transportation in accordance with section 3327.02	2402
of the Revised Code.	2403

In all city, local, and exempted village school districts the	2404
board shall provide transportation for all children who are so	2405
crippled that they are unable to walk to and from the school for	2406
which the state board of education prescribes minimum standards	2407
pursuant to division (D) of section 3301.07 of the Revised Code	2408
and which they attend. In case of dispute whether the child is	2409
able to walk to and from the school, the health commissioner shall	2410
be the judge of such ability. In all city, exempted village, and	2411
local school districts the board shall provide transportation to	2412
and from school or special education classes for educable mentally	2413
retarded children in accordance with standards adopted by the	2414
state board of education.	2415

When transportation of pupils is provided the conveyance	2416
shall be run on a time schedule that shall be adopted and put in	2417
force by the board not later than ten days after the beginning of	2418
the school term.	2419

The cost of any transportation service authorized by this	2420
section shall be paid first out of federal funds, if any,	2421
available for the purpose of pupil transportation, and secondly	2422
out of state appropriations, in accordance with regulations	2423
adopted by the state board of education.	2424

No transportation of any pupils shall be provided by any	2425
board of education to or from any school which in the selection of	2426
pupils, faculty members, or employees, practices discrimination	2427
against any person on the grounds of race, color, religion, or	2428
national origin.	2429

Sec. 3334.01.  As used in this chapter:

2430

(A) "Aggregate original principal amount" means the aggregate	2431
of the initial offering prices to the public of college savings	2432
bonds, exclusive of accrued interest, if any. "Aggregate original	2433
principal amount" does not mean the aggregate accreted amount	2434
payable at maturity or redemption of such bonds.	2435

(B) "Beneficiary" means:

2436

(1) An individual designated by the purchaser under a tuition	2437
payment contract or through a scholarship program as the	2438
individual on whose behalf tuition credits purchased under the	2439
contract or awarded through the scholarship program will be	2440
applied toward the payment of undergraduate, graduate, or	2441
professional tuition; or	2442

(2) An individual designated by the contributor under a	2443
variable college savings program contract as the individual whose	2444
tuition and other higher education expenses will be paid from a	2445
variable college savings program account.	2446

(C) "Capital appreciation bond" means a bond for which the	2447
following is true:	2448

(1) The principal amount is less than the amount payable at	2449
maturity or early redemption; and	2450

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

2451

(D) "Tuition credit" means a credit of the Ohio tuition trust	2452
authority purchased under section 3334.09 of the Revised Code.	2453

(E) "College savings bonds" means revenue and other	2454
obligations issued on behalf of the state or any agency or issuing	2455
authority thereof as a zero-coupon or capital appreciation bond,	2456
and designated as college savings bonds as provided in this	2457
chapter. "College savings bond issue" means any issue of bonds of	2458
which any part has been designated as college savings bonds.	2459

(F) "Institution of higher education" means a state	2460
institution of higher education, a private college, university, or	2461
other postsecondary institution located in this state that	2462
possesses a certificate of authorization issued by the Ohio board	2463
of regents pursuant to Chapter 1713. of the Revised Code or a	2464
certificate of registration issued by the state board of career	2465
colleges and schools under Chapter 3332. of the Revised Code, or	2466
an accredited college, university, or other postsecondary	2467
institution located outside this state that is accredited by an	2468
accrediting organization or professional association recognized by	2469
the authority. To be considered an institution of higher	2470
education, an institution shall meet the definition of an eligible	2471
educational institution under section 529 of the Internal Revenue	2472
Code.	2473

(G) "Issuing authority" means any authority, commission,	2474
body, agency, or individual empowered by the Ohio Constitution or	2475
the Revised Code to issue bonds or any other debt obligation of	2476
the state or any agency or department thereof. "Issuer" means the	2477
issuing authority or, if so designated under division (B) of	2478
section 3334.04 of the Revised Code, the treasurer of state.	2479

(H) "Tuition" means the charges imposed to attend an	2480
institution of higher education as an undergraduate, graduate, or	2481
professional student and all fees required as a condition of	2482
enrollment, as determined by the Ohio tuition trust authority.	2483
"Tuition" does not include laboratory fees, room and board, or	2484
other similar fees and charges.	2485

(I) "Weighted average tuition" means the tuition cost	2486
resulting from the following calculation:	2487

(1) Add the products of the annual undergraduate tuition	2488
charged to Ohio residents at each four-year state university	2489
multiplied by that institution's total number of undergraduate	2490
fiscal year equated students; and	2491

(2) Divide the gross total of the products from division	2492
(I)(1) of this section by the total number of undergraduate fiscal	2493
year equated students attending four-year state universities.	2494

When making this calculation, the "annual undergraduate	2495
tuition charged to Ohio residents" shall not incorporate any	2496
tuition reductions that vary in amount among individual recipients	2497
and that are awarded to Ohio residents based upon their particular	2498
circumstances, beyond any minimum amount awarded uniformly to all	2499
Ohio residents. In addition, any tuition reductions awarded	2500
uniformly to all Ohio residents shall be incorporated into this	2501
calculation.	2502

(J) "Zero-coupon bond" means a bond which has a stated	2503
interest rate of zero per cent and on which no interest is payable	2504
until the maturity or early redemption of the bond, and is offered	2505
at a substantial discount from its original stated principal	2506
amount.	2507

(K) "State institution of higher education" includes the	2508
state universities listed in section 3345.011 of the Revised Code,	2509
community colleges created pursuant to Chapter 3354. of the	2510
Revised Code, university branches created pursuant to Chapter	2511
3355. of the Revised Code, technical colleges created pursuant to	2512
Chapter 3357. of the Revised Code, state community colleges	2513
created pursuant to Chapter 3358. of the Revised Code, the medical	2514
college of Ohio at Toledo, and the northeastern Ohio universities	2515
college of medicine.	2516

(L) "Four-year state university" means those state	2517
universities listed in section 3345.011 of the Revised Code.	2518

(M) "Principal amount" refers to the initial offering price	2519
to the public of an obligation, exclusive of the accrued interest,	2520
if any. "Principal amount" does not refer to the aggregate	2521
accreted amount payable at maturity or redemption of an	2522
obligation.	2523

(N) "Scholarship program" means a program registered with the	2524
Ohio tuition trust authority pursuant to section 3334.17 of the	2525
Revised Code.	2526

(O) "Internal Revenue Code" means the "Internal Revenue Code	2527
of 1986," 100 Stat. 2085, 26 U.S.C.A. 1 et seq., as amended.	2528

(P) "Other higher education expenses" means room and board	2529
and books, supplies, equipment, and nontuition-related fees	2530
associated with the cost of attendance of a beneficiary at an	2531
institution of higher education, but only to the extent that such	2532
expenses meet the definition of "qualified higher education	2533
expenses" under section 529 of the Internal Revenue Code. "Other	2534
higher education expenses" does not include tuition as defined in	2535
division (H) of this section.	2536

(Q) "Purchaser" means the person signing the tuition payment	2537
contract, who controls the account and acquires tuition credits	2538
for an account under the terms and conditions of the contract.	2539

(R) "Contributor" means a person who signs a variable college	2540
savings program contract with the Ohio tuition trust authority and	2541
contributes to and owns the account created under the contract.	2542

(S) "Contribution" means any payment directly allocated to an	2543
account for the benefit of the designated beneficiary of the	2544
account.	2545

Sec. 3383.09. (A) There is hereby created in the state	2546
treasury the arts and sports facilities building fund, which shall	2547
consist of proceeds of obligations authorized to pay costs of Ohio	2548
arts facilities projectsand Ohio sports facilities for which	2549
appropriations are made by the general assembly. All investment	2550
earnings of the fund shall be credited to the fund.	2551

(B) There is hereby created in the state treasury the sports	2552
facilities building fund, which shall consist of proceeds of	2553
obligations authorized to pay costs of sports facilities projects	2554
for which appropriations are made by the general assembly. All	2555
investment earnings of the fund shall be credited to the fund.	2556

(C) The director of budget and management may transfer, to	2557
the Ohio arts and sports facilities commission administration	2558
fund, investment earnings credited to the arts facilities building	2559
fund and the sports facilities building fund that exceed the	2560
amounts required to meet estimated federal arbitrage rebate	2561
requirements when requested of the director of budget and	2562
management by the chairperson or executive director of the	2563
commission.	2564

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

2565

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

2566

(a) A person who is under final consideration for appointment	2567
or employment with a home health agency in a position as a person	2568
responsible for the care, custody, or control of a child;	2569

(b) A person who is under final consideration for employment	2570
with a home health agency in a full-time, part-time, or temporary	2571
position that involves providing direct care to an older adult.	2572
With regard to persons providing direct care to older adults,	2573
"applicant" does not include a person who provides direct care as	2574
a volunteer without receiving or expecting to receive any form of	2575
remuneration other than reimbursement for actual expenses.	2576

(2) "Criminal records check" and "older adult" have the same	2577
meanings as in section 109.572 of the Revised Code.	2578

(3) "Home health agency" means a person or government entity,	2579
other than a nursing home, residential care facility, or hospice	2580
care program, that has the primary function of providing any of	2581
the following services to a patient at a place of residence used	2582
as the patient's home:	2583

(a) Skilled nursing care;

2584

(b) Physical therapy;

2585

(c) Speech-language pathology;

2586

(d) Occupational therapy;

2587

(e) Medical social services;

2588

(f) Home health aide services.

2589

(4) "Home health aide services" means any of the following	2590
services provided by an individual employed with or contracted for	2591
by a home health agency:	2592

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

2593

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

2594

(c) Catheter care but not insertion;

2595

(d) Meal preparation and feeding.

2596

(5) "Hospice care program" has the same meaning as in section	2597
3712.01 of the Revised Code.	2598

(6) "Medical social services" means services provided by a	2599
social worker under the direction of a patient's attending	2600
physician.	2601

(7) "Minor drug possession offense" has the same meaning as	2602
in section 2925.01 of the Revised Code.	2603

(8) "Nursing home," "residential care facility," and "skilled	2604
nursing care" have the same meanings as in section 3721.01 of the	2605
Revised Code.	2606

(9) "Occupational therapy" has the same meaning as in section	2607
4755.01 of the Revised Code.	2608

(10) "Physical therapy" has the same meaning as in section	2609
4755.40 of the Revised Code.	2610

(11) "Social worker" means a person licensed under Chapter	2611
4757. of the Revised Code to practice as a social worker or	2612
independent social worker.	2613

(12) "Speech-language pathology" has the same meaning as in	2614
section 4753.01 of the Revised Code.	2615

(B)(1) Except as provided in division (I) of this section,	2616
the chief administrator of a home health agency shall request the	2617
superintendent of the bureau of criminal identification and	2618
investigation to conduct a criminal records check with respect to	2619
each applicant. If the position may involve both responsibility	2620
for the care, custody, or control of a child and provision of	2621
direct care to an older adult, the chief administrator shall	2622
request that the superintendent conduct a single criminal records	2623
check for the applicant. If an applicant for whom a criminal	2624
records check request is required under this division does not	2625
present proof of having been a resident of this state for the	2626
five-year period immediately prior to the date upon which the	2627
criminal records check is requested or does not provide evidence	2628
that within that five-year period the superintendent has requested	2629
information about the applicant from the federal bureau of	2630
investigation in a criminal records check, the chief administrator	2631
shall request that the superintendent obtain information from the	2632
federal bureau of investigation as a part of the criminal records	2633
check for the applicant. Even if an applicant for whom a criminal	2634
records check request is required under this division presents	2635
proof that the applicant has been a resident of this state for	2636
that five-year period, the chief administrator may request that	2637
the superintendent include information from the federal bureau of	2638
investigation in the criminal records check.	2639

(2) Any person required by division (B)(1) of this section to	2640
request a criminal records check shall provide to each applicant	2641
for whom a criminal records check request is required under that	2642
division a copy of the form prescribed pursuant to division (C)(1)	2643
of section 109.572 of the Revised Code and a standard impression	2644
sheet prescribed pursuant to division (C)(2) of section 109.572 of	2645
the Revised Code, obtain the completed form and impression sheet	2646
from each applicant, and forward the completed form and impression	2647
sheet to the superintendent of the bureau of criminal	2648
identification and investigation at the time the chief	2649
administrator requests a criminal records check pursuant to	2650
division (B)(1) of this section.	2651

(3) An applicant who receives pursuant to division (B)(2) of	2652
this section a copy of the form prescribed pursuant to division	2653
(C)(1) of section 109.572 of the Revised Code and a copy of an	2654
impression sheet prescribed pursuant to division (C)(2) of that	2655
section and who is requested to complete the form and provide a	2656
set of fingerprint impressions shall complete the form or provide	2657
all the information necessary to complete the form and shall	2658
provide the impression sheets with the impressions of the	2659
applicant's fingerprints. If an applicant, upon request, fails to	2660
provide the information necessary to complete the form or fails to	2661
provide fingerprint impressions, the home health agency shall not	2662
employ that applicant for any position for which a criminal	2663
records check is required by division (B)(1) of this section.	2664

(C)(1) Except as provided in rules adopted by the department	2665
of health in accordance with division (F) of this section and	2666
subject to division (C)(3) of this section, no home health agency	2667
shall employ a person as a person responsible for the care,	2668
custody, or control of a child if the person previously has been	2669
convicted of or pleaded guilty to any of the following:	2670

(a) A violation of section 2903.01, 2903.02, 2903.03,	2671
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	2672
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,	2673
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23,	2674
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01,	2675
2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25,	2676
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05,	2677
2925.06, or 3716.11 of the Revised Code, a violation of section	2678
2905.04 of the Revised Code as it existed prior to July 1, 1996, a	2679
violation of section 2919.23 of the Revised Code that would have	2680
been a violation of section 2905.04 of the Revised Code as it	2681
existed prior to July 1, 1996, had the violation been committed	2682
prior to that date, a violation of section 2925.11 of the Revised	2683
Code that is not a minor drug possession offense, or felonious	2684
sexual penetration in violation of former section 2907.12 of the	2685
Revised Code;	2686

(b) A violation of an existing or former law of this state,	2687
any other state, or the United States that is substantially	2688
equivalent to any of the offenses listed in division (C)(1)(a) of	2689
this section.	2690

(2) Except as provided in rules adopted by the department of	2691
health in accordance with division (F) of this section and subject	2692
to division (C)(3) of this section, no home health agency shall	2693
employ a person in a position that involves providing direct care	2694
to an older adult if the person previously has been convicted of	2695
or pleaded guilty to any of the following:	2696

(a) A violation of section 2903.01, 2903.02, 2903.03,	2697
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	2698
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,	2699
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31,	2700
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11,	2701
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,	2702
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36,	2703
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13,	2704
2925.22, 2925.23, or 3716.11 of the Revised Code.	2705

(b) A violation of an existing or former law of this state,	2706
any other state, or the United States that is substantially	2707
equivalent to any of the offenses listed in division (C)(2)(a) of	2708
this section.	2709

(3)(a) A home health agency may employ conditionally an	2710
applicant for whom a criminal records check request is required	2711
under division (B) of this section as a person responsible for the	2712
care, custody, or control of a child until the criminal records	2713
check regarding the applicant required by this section is	2714
completed and the agency receives the results of the criminal	2715
records check. If the results of the criminal records check	2716
indicate that, pursuant to division (C)(1) of this section, the	2717
applicant does not qualify for employment, the agency shall	2718
release the applicant from employment unless the agency chooses to	2719
employ the applicant pursuant to division (F) of this section.	2720

(b)(i) A home health agency may employ conditionally an	2721
applicant for whom a criminal records check request is required	2722
under division (B) of this section in a position that involves	2723
providing direct care to an older adult or in a position that	2724
involves both responsibility for the care, custody, and control of	2725
a child and the provision of direct care to older adults prior to	2726
obtaining the results of a criminal records check regarding the	2727
individual, provided that the agency shall request a criminal	2728
records check regarding the individual in accordance with division	2729
(B)(1) of this section not later than five business days after the	2730
individual begins conditional employment. In the circumstances	2731
described in division (I)(2) of this section, a home health agency	2732
may employ conditionally in a position that involves providing	2733
direct care to an older adult an applicant who has been referred	2734
to the home health agency by an employment service that supplies	2735
full-time, part-time, or temporary staff for positions involving	2736
the direct care of older adults and for whom, pursuant to that	2737
division, a criminal records check is not required under division	2738
(B) of this section. In the circumstances described in division	2739
(I)(4) of this section, a home health agency may employ	2740
conditionally in a position that involves both responsibility for	2741
the care, custody, and control of a child and the provision of	2742
direct care to older adults an applicant who has been referred to	2743
the home health agency by an employment service that supplies	2744
full-time, part-time, or temporary staff for positions involving	2745
both responsibility for the care, custody, and control of a child	2746
and the provision of direct care to older adults and for whom,	2747
pursuant to that division, a criminal records check is not	2748
required under division (B) of this section.	2749

(ii) A home health agency that employs an individual	2750
conditionally under authority of division (C)(3)(b)(i) of this	2751
section shall terminate the individual's employment if the results	2752
of the criminal records check requested under division (B)(1) of	2753
this section or described in division (I)(2) or (4) of this	2754
section, other than the results of any request for information	2755
from the federal bureau of investigation, are not obtained within	2756
the period ending sixtythirty days after the date the request is	2757
made. Regardless of when the results of the criminal records check	2758
are obtained, if the individual was employed conditionally in a	2759
position that involves the provision of direct care to older	2760
adults and the results indicate that the individual has been	2761
convicted of or pleaded guilty to any of the offenses listed or	2762
described in division (C)(2) of this section, or if the individual	2763
was employed conditionally in a position that involves both	2764
responsibility for the care, custody, and control of a child and	2765
the provision of direct care to older adults and the results	2766
indicate that the individual has been convicted of or pleaded	2767
guilty to any of the offenses listed or described in division	2768
(C)(1) or (2) of this section, the agency shall terminate the	2769
individual's employment unless the agency chooses to employ the	2770
individual pursuant to division (F) of this section. Termination	2771
of employment under this division shall be considered just cause	2772
for discharge for purposes of division (D)(2) of section 4141.29	2773
of the Revised Code if the individual makes any attempt to deceive	2774
the agency about the individual's criminal record.	2775

(D)(1) Each home health agency shall pay to the bureau of	2776
criminal identification and investigation the fee prescribed	2777
pursuant to division (C)(3) of section 109.572 of the Revised Code	2778
for each criminal records check conducted in accordance with that	2779
section upon the request pursuant to division (B)(1) of this	2780
section of the chief administrator of the home health agency.	2781

(2) A home health agency may charge an applicant a fee for	2782
the costs it incurs in obtaining a criminal records check under	2783
this section, unless the medical assistance program established	2784
under Chapter 5111. of the Revised Code reimburses the agency for	2785
the costs. A fee charged under division (D)(2) of this section	2786
shall not exceed the amount of fees the agency pays under division	2787
(D)(1) of this section. If a fee is charged under division (D)(2)	2788
of this section, the agency shall notify the applicant at the time	2789
of the applicant's initial application for employment of the	2790
amount of the fee and that, unless the fee is paid, the agency	2791
will not consider the applicant for employment.	2792

(E) The report of any criminal records check conducted by the	2793
bureau of criminal identification and investigation in accordance	2794
with section 109.572 of the Revised Code and pursuant to a request	2795
made under division (B)(1) of this section is not a public record	2796
for the purposes of section 149.43 of the Revised Code and shall	2797
not be made available to any person other than the following:	2798

(1) The individual who is the subject of the criminal records	2799
check or the individual's representative;	2800

(2) The home health agency requesting the criminal records	2801
check or its representative;	2802

(3) The administrator of any other facility, agency, or	2803
program that provides direct care to older adults that is owned or	2804
operated by the same entity that owns or operates the home health	2805
agency;	2806

(4) Any court, hearing officer, or other necessary individual	2807
involved in a case dealing with a denial of employment of the	2808
applicant or dealing with employment or unemployment benefits of	2809
the applicant;	2810

(5) Any person to whom the report is provided pursuant to,	2811
and in accordance with, division (I)(1), (2), (3), or (4) of this	2812
section.	2813

(F) The department of health shall adopt rules in accordance	2814
with Chapter 119. of the Revised Code to implement this section.	2815
The rules shall specify circumstances under which the home health	2816
agency may employ a person who has been convicted of or pleaded	2817
guilty to an offense listed or described in division (C)(1) of	2818
this section but who meets standards in regard to rehabilitation	2819
set by the department or employ a person who has been convicted of	2820
or pleaded guilty to an offense listed or described in division	2821
(C)(2) of this section but meets personal character standards set	2822
by the department.	2823

(G) Any person required by division (B)(1) of this section to	2824
request a criminal records check shall inform each person, at the	2825
time of initial application for employment that the person is	2826
required to provide a set of fingerprint impressions and that a	2827
criminal records check is required to be conducted and	2828
satisfactorily completed in accordance with section 109.572 of the	2829
Revised Code if the person comes under final consideration for	2830
appointment or employment as a precondition to employment for that	2831
position.	2832

(H) In a tort or other civil action for damages that is	2833
brought as the result of an injury, death, or loss to person or	2834
property caused by an individual who a home health agency employs	2835
in a position that involves providing direct care to older adults,	2836
all of the following shall apply:	2837

(1) If the agency employed the individual in good faith and	2838
reasonable reliance on the report of a criminal records check	2839
requested under this section, the agency shall not be found	2840
negligent solely because of its reliance on the report, even if	2841
the information in the report is determined later to have been	2842
incomplete or inaccurate;	2843

(2) If the agency employed the individual in good faith on a	2844
conditional basis pursuant to division (C)(3)(b) of this section,	2845
the agency shall not be found negligent solely because it employed	2846
the individual prior to receiving the report of a criminal records	2847
check requested under this section;	2848

(3) If the agency in good faith employed the individual	2849
according to the personal character standards established in rules	2850
adopted under division (F) of this section, the agency shall not	2851
be found negligent solely because the individual prior to being	2852
employed had been convicted of or pleaded guilty to an offense	2853
listed or described in division (C)(1) or (2) of this section.	2854

(I)(1) The chief administrator of a home health agency is not	2855
required to request that the superintendent of the bureau of	2856
criminal identification and investigation conduct a criminal	2857
records check of an applicant for a position that involves the	2858
provision of direct care to older adults if the applicant has been	2859
referred to the agency by an employment service that supplies	2860
full-time, part-time, or temporary staff for positions involving	2861
the direct care of older adults and both of the following apply:	2862

(a) The chief administrator receives from the employment	2863
service or the applicant a report of the results of a criminal	2864
records check regarding the applicant that has been conducted by	2865
the superintendent within the one-year period immediately	2866
preceding the applicant's referral;	2867

(b) The report of the criminal records check demonstrates	2868
that the person has not been convicted of or pleaded guilty to an	2869
offense listed or described in division (C)(2) of this section, or	2870
the report demonstrates that the person has been convicted of or	2871
pleaded guilty to one or more of those offenses, but the home	2872
health agency chooses to employ the individual pursuant to	2873
division (F) of this section.	2874

(2) The chief administrator of a home health agency is not	2875
required to request that the superintendent of the bureau of	2876
criminal identification and investigation conduct a criminal	2877
records check of an applicant for a position that involves	2878
providing direct care to older adults and may employ the applicant	2879
conditionally in a position of that nature as described in this	2880
division, if the applicant has been referred to the agency by an	2881
employment service that supplies full-time, part-time, or	2882
temporary staff for positions involving the direct care of older	2883
adults and if the chief administrator receives from the employment	2884
service or the applicant a letter from the employment service that	2885
is on the letterhead of the employment service, dated, and signed	2886
by a supervisor or another designated official of the employment	2887
service and that states that the employment service has requested	2888
the superintendent to conduct a criminal records check regarding	2889
the applicant, that the requested criminal records check will	2890
include a determination of whether the applicant has been	2891
convicted of or pleaded guilty to any offense listed or described	2892
in division (C)(2) of this section, that, as of the date set forth	2893
on the letter, the employment service had not received the results	2894
of the criminal records check, and that, when the employment	2895
service receives the results of the criminal records check, it	2896
promptly will send a copy of the results to the home health	2897
agency. If a home health agency employs an applicant conditionally	2898
in accordance with this division, the employment service, upon its	2899
receipt of the results of the criminal records check, promptly	2900
shall send a copy of the results to the home health agency, and	2901
division (C)(3)(b) of this section applies regarding the	2902
conditional employment.	2903

(3) The chief administrator of a home health agency is not	2904
required to request that the superintendent of the bureau of	2905
criminal identification and investigation conduct a criminal	2906
records check of an applicant for a position that involves both	2907
responsibility for the care, custody, and control of a child and	2908
the provision of direct care to older adults if the applicant has	2909
been referred to the agency by an employment service that supplies	2910
full-time, part-time, or temporary staff for positions involving	2911
both responsibility for the care, custody, and control of a child	2912
and the provision of direct care to older adults and both of the	2913
following apply:	2914

(a) The chief administrator receives from the employment	2915
service or applicant a report of a criminal records check of the	2916
type described in division (I)(1)(a) of this section;	2917

(b) The report of the criminal records check demonstrates	2918
that the person has not been convicted of or pleaded guilty to an	2919
offense listed or described in division (C)(1) or (2) of this	2920
section, or the report demonstrates that the person has been	2921
convicted of or pleaded guilty to one or more of those offenses,	2922
but the home health agency chooses to employ the individual	2923
pursuant to division (F) of this section.	2924

(4) The chief administrator of a home health agency is not	2925
required to request that the superintendent of the bureau of	2926
criminal identification and investigation conduct a criminal	2927
records check of an applicant for a position that involves both	2928
responsibility for the care, custody, and control of a child and	2929
the provision of direct care to older adults and may employ the	2930
applicant conditionally in a position of that nature as described	2931
in this division, if the applicant has been referred to the agency	2932
by an employment service that supplies full-time, part-time, or	2933
temporary staff for positions involving both responsibility for	2934
the care, custody, and control of a child and the direct care of	2935
older adults and if the chief administrator receives from the	2936
employment service or the applicant a letter from the employment	2937
service that is on the letterhead of the employment service,	2938
dated, and signed by a supervisor or another designated official	2939
of the employment service and that states that the employment	2940
service has requested the superintendent to conduct a criminal	2941
records check regarding the applicant, that the requested criminal	2942
records check will include a determination of whether the	2943
applicant has been convicted of or pleaded guilty to any offense	2944
listed or described in division (C)(1) or (2) of this section,	2945
that, as of the date set forth on the letter, the employment	2946
service had not received the results of the criminal records	2947
check, and that, when the employment service receives the results	2948
of the criminal records check, it promptly will send a copy of the	2949
results to the home health agency. If a home health agency employs	2950
an applicant conditionally in accordance with this division, the	2951
employment service, upon its receipt of the results of the	2952
criminal records check, promptly shall send a copy of the results	2953
to the home health agency, and division (C)(3)(b) of this section	2954
applies regarding the conditional employment.	2955

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

2956

(1) "Applicant" means a person who is under final	2957
consideration for employment with a hospice care program in a	2958
full-time, part-time, or temporary position that involves	2959
providing direct care to an older adult. "Applicant" does not	2960
include a person who provides direct care as a volunteer without	2961
receiving or expecting to receive any form of remuneration other	2962
than reimbursement for actual expenses.	2963

(2) "Criminal records check" and "older adult" have the same	2964
meanings as in section 109.572 of the Revised Code.	2965

(B)(1) Except as provided in division (I) of this section,	2966
the chief administrator of a hospice care program shall request	2967
that the superintendent of the bureau of criminal identification	2968
and investigation conduct a criminal records check with respect to	2969
each applicant. If an applicant for whom a criminal records check	2970
request is required under this division does not present proof of	2971
having been a resident of this state for the five-year period	2972
immediately prior to the date the criminal records check is	2973
requested or provide evidence that within that five-year period	2974
the superintendent has requested information about the applicant	2975
from the federal bureau of investigation in a criminal records	2976
check, the chief administrator shall request that the	2977
superintendent obtain information from the federal bureau of	2978
investigation as part of the criminal records check of the	2979
applicant. Even if an applicant for whom a criminal records check	2980
request is required under this division presents proof of having	2981
been a resident of this state for the five-year period, the chief	2982
administrator may request that the superintendent include	2983
information from the federal bureau of investigation in the	2984
criminal records check.	2985

(2) A person required by division (B)(1) of this section to	2986
request a criminal records check shall do both of the following:	2987

(a) Provide to each applicant for whom a criminal records	2988
check request is required under that division a copy of the form	2989
prescribed pursuant to division (C)(1) of section 109.572 of the	2990
Revised Code and a standard fingerprint impression sheet	2991
prescribed pursuant to division (C)(2) of that section, and obtain	2992
the completed form and impression sheet from the applicant;	2993

(b) Forward the completed form and impression sheet to the	2994
superintendent of the bureau of criminal identification and	2995
investigation.	2996

(3) An applicant provided the form and fingerprint impression	2997
sheet under division (B)(2)(a) of this section who fails to	2998
complete the form or provide fingerprint impressions shall not be	2999
employed in any position for which a criminal records check is	3000
required by this section.	3001

(C)(1) Except as provided in rules adopted by the public	3002
health council in accordance with division (F) of this section and	3003
subject to division (C)(2) of this section, no hospice care	3004
program shall employ a person in a position that involves	3005
providing direct care to an older adult if the person has been	3006
convicted of or pleaded guilty to any of the following:	3007

(a) A violation of section 2903.01, 2903.02, 2903.03,	3008
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	3009
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,	3010
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31,	3011
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11,	3012
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,	3013
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36,	3014
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13,	3015
2925.22, 2925.23, or 3716.11 of the Revised Code.	3016

(b) A violation of an existing or former law of this state,	3017
any other state, or the United States that is substantially	3018
equivalent to any of the offenses listed in division (C)(1)(a) of	3019
this section.	3020

(2)(a) A hospice care program may employ conditionally an	3021
applicant for whom a criminal records check request is required	3022
under division (B) of this section prior to obtaining the results	3023
of a criminal records check regarding the individual, provided	3024
that the program shall request a criminal records check regarding	3025
the individual in accordance with division (B)(1) of this section	3026
not later than five business days after the individual begins	3027
conditional employment. In the circumstances described in division	3028
(I)(2) of this section, a hospice care program may employ	3029
conditionally an applicant who has been referred to the hospice	3030
care program by an employment service that supplies full-time,	3031
part-time, or temporary staff for positions involving the direct	3032
care of older adults and for whom, pursuant to that division, a	3033
criminal records check is not required under division (B) of this	3034
section.	3035

(b) A hospice care program that employs an individual	3036
conditionally under authority of division (C)(2)(a) of this	3037
section shall terminate the individual's employment if the results	3038
of the criminal records check requested under division (B) of this	3039
section or described in division (I)(2) of this section, other	3040
than the results of any request for information from the federal	3041
bureau of investigation, are not obtained within the period ending	3042
sixtythirty days after the date the request is made. Regardless	3043
of when the results of the criminal records check are obtained, if	3044
the results indicate that the individual has been convicted of or	3045
pleaded guilty to any of the offenses listed or described in	3046
division (C)(1) of this section, the program shall terminate the	3047
individual's employment unless the program chooses to employ the	3048
individual pursuant to division (F) of this section. Termination	3049
of employment under this division shall be considered just cause	3050
for discharge for purposes of division (D)(2) of section 4141.29	3051
of the Revised Code if the individual makes any attempt to deceive	3052
the program about the individual's criminal record.	3053

(D)(1) Each hospice care program shall pay to the bureau of	3054
criminal identification and investigation the fee prescribed	3055
pursuant to division (C)(3) of section 109.572 of the Revised Code	3056
for each criminal records check conducted pursuant to a request	3057
made under division (B) of this section.	3058

(2) A hospice care program may charge an applicant a fee not	3059
exceeding the amount the program pays under division (D)(1) of	3060
this section. A program may collect a fee only if both of the	3061
following apply:	3062

(a) The program notifies the person at the time of initial	3063
application for employment of the amount of the fee and that,	3064
unless the fee is paid, the person will not be considered for	3065
employment;	3066

(b) The medical assistance program established under Chapter	3067
5111. of the Revised Code does not reimburse the program the fee	3068
it pays under division (D)(1) of this section.	3069

(E) The report of a criminal records check conducted pursuant	3070
to a request made under this section is not a public record for	3071
the purposes of section 149.43 of the Revised Code and shall not	3072
be made available to any person other than the following:	3073

(1) The individual who is the subject of the criminal records	3074
check or the individual's representative;	3075

(2) The chief administrator of the program requesting the	3076
criminal records check or the administrator's representative;	3077

(3) The administrator of any other facility, agency, or	3078
program that provides direct care to older adults that is owned or	3079
operated by the same entity that owns or operates the hospice care	3080
program;	3081

(4) A court, hearing officer, or other necessary individual	3082
involved in a case dealing with a denial of employment of the	3083
applicant or dealing with employment or unemployment benefits of	3084
the applicant;	3085

(5) Any person to whom the report is provided pursuant to,	3086
and in accordance with, division (I)(1) or (2) of this section.	3087

(F) The public health council shall adopt rules in accordance	3088
with Chapter 119. of the Revised Code to implement this section.	3089
The rules shall specify circumstances under which a hospice care	3090
program may employ a person who has been convicted of or pleaded	3091
guilty to an offense listed or described in division (C)(1) of	3092
this section but meets personal character standards set by the	3093
council.	3094

(G) The chief administrator of a hospice care program shall	3095
inform each individual, at the time of initial application for a	3096
position that involves providing direct care to an older adult,	3097
that the individual is required to provide a set of fingerprint	3098
impressions and that a criminal records check is required to be	3099
conducted if the individual comes under final consideration for	3100
employment.	3101

(H) In a tort or other civil action for damages that is	3102
brought as the result of an injury, death, or loss to person or	3103
property caused by an individual who a hospice care program	3104
employs in a position that involves providing direct care to older	3105
adults, all of the following shall apply:	3106

(1) If the program employed the individual in good faith and	3107
reasonable reliance on the report of a criminal records check	3108
requested under this section, the program shall not be found	3109
negligent solely because of its reliance on the report, even if	3110
the information in the report is determined later to have been	3111
incomplete or inaccurate;	3112

(2) If the program employed the individual in good faith on a	3113
conditional basis pursuant to division (C)(2) of this section, the	3114
program shall not be found negligent solely because it employed	3115
the individual prior to receiving the report of a criminal records	3116
check requested under this section;	3117

(3) If the program in good faith employed the individual	3118
according to the personal character standards established in rules	3119
adopted under division (F) of this section, the program shall not	3120
be found negligent solely because the individual prior to being	3121
employed had been convicted of or pleaded guilty to an offense	3122
listed or described in division (C)(1) of this section.	3123

(I)(1) The chief administrator of a hospice care program is	3124
not required to request that the superintendent of the bureau of	3125
criminal identification and investigation conduct a criminal	3126
records check of an applicant if the applicant has been referred	3127
to the program by an employment service that supplies full-time,	3128
part-time, or temporary staff for positions involving the direct	3129
care of older adults and both of the following apply:	3130

(a) The chief administrator receives from the employment	3131
service or the applicant a report of the results of a criminal	3132
records check regarding the applicant that has been conducted by	3133
the superintendent within the one-year period immediately	3134
preceding the applicant's referral;	3135

(b) The report of the criminal records check demonstrates	3136
that the person has not been convicted of or pleaded guilty to an	3137
offense listed or described in division (C)(1) of this section, or	3138
the report demonstrates that the person has been convicted of or	3139
pleaded guilty to one or more of those offenses, but the hospice	3140
care program chooses to employ the individual pursuant to division	3141
(F) of this section.	3142

(2) The chief administrator of a hospice care program is not	3143
required to request that the superintendent of the bureau of	3144
criminal identification and investigation conduct a criminal	3145
records check of an applicant and may employ the applicant	3146
conditionally as described in this division, if the applicant has	3147
been referred to the program by an employment service that	3148
supplies full-time, part-time, or temporary staff for positions	3149
involving the direct care of older adults and if the chief	3150
administrator receives from the employment service or the	3151
applicant a letter from the employment service that is on the	3152
letterhead of the employment service, dated, and signed by a	3153
supervisor or another designated official of the employment	3154
service and that states that the employment service has requested	3155
the superintendent to conduct a criminal records check regarding	3156
the applicant, that the requested criminal records check will	3157
include a determination of whether the applicant has been	3158
convicted of or pleaded guilty to any offense listed or described	3159
in division (C)(1) of this section, that, as of the date set forth	3160
on the letter, the employment service had not received the results	3161
of the criminal records check, and that, when the employment	3162
service receives the results of the criminal records check, it	3163
promptly will send a copy of the results to the hospice care	3164
program. If a hospice care program employs an applicant	3165
conditionally in accordance with this division, the employment	3166
service, upon its receipt of the results of the criminal records	3167
check, promptly shall send a copy of the results to the hospice	3168
care program, and division (C)(2)(b) of this section applies	3169
regarding the conditional employment.	3170

Sec. 3734.02.  (A) The director of environmental protection,	3171
in accordance with Chapter 119. of the Revised Code, shall adopt	3172
and may amend, suspend, or rescind rules having uniform	3173
application throughout the state governing solid waste facilities	3174
and the inspections of and issuance of permits and licenses for	3175
all solid waste facilities in order to ensure that the facilities	3176
will be located, maintained, and operated, and will undergo	3177
closure and post-closure care, in a sanitary manner so as not to	3178
create a nuisance, cause or contribute to water pollution, create	3179
a health hazard, or violate 40 C.F.R. 257.3-2 or 40 C.F.R.	3180
257.3-8, as amended. The rules may include, without limitation,	3181
financial assurance requirements for closure and post-closure care	3182
and corrective action and requirements for taking corrective	3183
action in the event of the surface or subsurface discharge or	3184
migration of explosive gases or leachate from a solid waste	3185
facility, or of ground water contamination resulting from the	3186
transfer or disposal of solid wastes at a facility, beyond the	3187
boundaries of any area within a facility that is operating or is	3188
undergoing closure or post-closure care where solid wastes were	3189
disposed of or are being disposed of. The rules shall not concern	3190
or relate to personnel policies, salaries, wages, fringe benefits,	3191
or other conditions of employment of employees of persons owning	3192
or operating solid waste facilities. The director, in accordance	3193
with Chapter 119. of the Revised Code, shall adopt and may amend,	3194
suspend, or rescind rules governing the issuance, modification,	3195
revocation, suspension, or denial of variances from the director's	3196
solid waste rules, including, without limitation, rules adopted	3197
under this chapter governing the management of scrap tires.	3198

Variances shall be issued, modified, revoked, suspended, or	3199
rescinded in accordance with this division, rules adopted under	3200
it, and Chapter 3745. of the Revised Code. The director may order	3201
the person to whom a variance is issued to take such action within	3202
such time as the director may determine to be appropriate and	3203
reasonable to prevent the creation of a nuisance or a hazard to	3204
the public health or safety or the environment. Applications for	3205
variances shall contain such detail plans, specifications, and	3206
information regarding objectives, procedures, controls, and other	3207
pertinent data as the director may require. The director shall	3208
grant a variance only if the applicant demonstrates to the	3209
director's satisfaction that construction and operation of the	3210
solid waste facility in the manner allowed by the variance and any	3211
terms or conditions imposed as part of the variance will not	3212
create a nuisance or a hazard to the public health or safety or	3213
the environment. In granting any variance, the director shall	3214
state the specific provision or provisions whose terms are to be	3215
varied and also shall state specific terms or conditions imposed	3216
upon the applicant in place of the provision or provisions. The	3217
director may hold a public hearing on an application for a	3218
variance or renewal of a variance at a location in the county	3219
where the operations that are the subject of the application for	3220
the variance are conducted. The director shall give not less than	3221
twenty days' notice of the hearing to the applicant by certified	3222
mail and shall publish at least one notice of the hearing in a	3223
newspaper with general circulation in the county where the hearing	3224
is to be held. The director shall make available for public	3225
inspection at the principal office of the environmental protection	3226
agency a current list of pending applications for variances and a	3227
current schedule of pending variance hearings. The director shall	3228
make a complete stenographic record of testimony and other	3229
evidence submitted at the hearing. Within ten days after the	3230
hearing, the director shall make a written determination to issue,	3231
renew, or deny the variance and shall enter the determination and	3232
the basis for it into the record of the hearing. The director	3233
shall issue, renew, or deny an application for a variance or	3234
renewal of a variance within six months of the date upon which the	3235
director receives a complete application with all pertinent	3236
information and data required. No variance shall be issued,	3237
revoked, modified, or denied until the director has considered the	3238
relative interests of the applicant, other persons and property	3239
affected by the variance, and the general public. Any variance	3240
granted under this division shall be for a period specified by the	3241
director and may be renewed from time to time on such terms and	3242
for such periods as the director determines to be appropriate. No	3243
application shall be denied and no variance shall be revoked or	3244
modified without a written order stating the findings upon which	3245
the denial, revocation, or modification is based. A copy of the	3246
order shall be sent to the applicant or variance holder by	3247
certified mail.	3248

(B) The director shall prescribe and furnish the forms	3249
necessary to administer and enforce this chapter. The director may	3250
cooperate with and enter into agreements with other state, local,	3251
or federal agencies to carry out the purposes of this chapter. The	3252
director may exercise all incidental powers necessary to carry out	3253
the purposes of this chapter.	3254

The director may use moneys in the infectious waste	3255
management fund created in section 3734.021 of the Revised Code	3256
exclusively for administering and enforcing the provisions of this	3257
chapter governing the management of infectious wastes. Of each	3258
registration and renewal fee collected under rules adopted under	3259
division (A)(2)(a) of section 3734.021 or under section 3734.022	3260
of the Revised Code, the director, within forty-five days of its	3261
receipt, shall remit from the fund one-half of the fee received to	3262
the board of health of the health district in which the registered	3263
premises is located, or, in the instance of an infectious wastes	3264
transporter, to the board of health of the health district in	3265
which the transporter's principal place of business is located.	3266
However, if the board of health having jurisdiction over a	3267
registrant's premises or principal place of business is not on the	3268
approved list under section 3734.08 of the Revised Code, the	3269
director shall not make that payment to the board of health.	3270

(C) Except as provided in this division and divisions (N)(2)	3271
and (3) of this section, no person shall establish a new solid	3272
waste facility or infectious waste treatment facility, or modify	3273
an existing solid waste facility or infectious waste treatment	3274
facility, without submitting an application for a permit with	3275
accompanying detail plans, specifications, and information	3276
regarding the facility and method of operation and receiving a	3277
permit issued by the director, except that no permit shall be	3278
required under this division to install or operate a solid waste	3279
facility for sewage sludge treatment or disposal when the	3280
treatment or disposal is authorized by a current permit issued	3281
under Chapter 3704. or 6111. of the Revised Code.	3282

No person shall continue to operate a solid waste facility	3283
for which the director has denied a permit for which an	3284
application was required under division (A)(3) of section 3734.05	3285
of the Revised Code, or for which the director has disapproved	3286
plans and specifications required to be filed by an order issued	3287
under division (A)(5) of that section, after the date prescribed	3288
for commencement of closure of the facility in the order issued	3289
under division (A)(6) of section 3734.05 of the Revised Code	3290
denying the permit application or approval.	3291

On and after the effective date of the rules adopted under	3292
division (A) of this section and division (D) of section 3734.12	3293
of the Revised Code governing solid waste transfer facilities, no	3294
person shall establish a new, or modify an existing, solid waste	3295
transfer facility without first submitting an application for a	3296
permit with accompanying engineering detail plans, specifications,	3297
and information regarding the facility and its method of operation	3298
to the director and receiving a permit issued by the director.	3299

No person shall establish a new compost facility or continue	3300
to operate an existing compost facility that accepts exclusively	3301
source separated yard wastes without submitting a completed	3302
registration for the facility to the director in accordance with	3303
rules adopted under divisions (A) and (N)(3) of this section.	3304

This division does not apply to an infectious waste treatment	3305
facility that meets any of the following conditions:	3306

(1) Is owned or operated by the generator of the wastes and	3307
exclusively treats, by methods, techniques, and practices	3308
established by rules adopted under division (C)(1) or (3) of	3309
section 3734.021 of the Revised Code, wastes that are generated at	3310
any premises owned or operated by that generator regardless of	3311
whether the wastes are generated on the premises where the	3312
generator's treatment facility is located or, if the generator is	3313
a hospital as defined in section 3727.01 of the Revised Code,	3314
infectious wastes that are described in division (A)(1)(g), (h),	3315
or (i) of section 3734.021 of the Revised Code;	3316

(2) Holds a license or renewal of a license to operate a	3317
crematory facility issued under Chapter 4717. and a permit issued	3318
under Chapter 3704. of the Revised Code;	3319

(3) Treats or disposes of dead animals or parts thereof, or	3320
the blood of animals, and is subject to any of the following:	3321

(a) Inspection under the "Federal Meat Inspection Act," 81	3322
Stat. 584 (1967), 21 U.S.C.A. 603, as amended;	3323

(b) Chapter 918. of the Revised Code;

3324

(c) Chapter 953. of the Revised Code.

3325

(D) Neither this chapter nor any rules adopted under it apply	3326
to single-family residential premises; to infectious wastes	3327
generated by individuals for purposes of their own care or	3328
treatment that are disposed of with solid wastes from the	3329
individual's residence; to the temporary storage of solid wastes,	3330
other than scrap tires, prior to their collection for disposal; to	3331
the storage of one hundred or fewer scrap tires unless they are	3332
stored in such a manner that, in the judgment of the director or	3333
the board of health of the health district in which the scrap	3334
tires are stored, the storage causes a nuisance, a hazard to	3335
public health or safety, or a fire hazard; or to the collection of	3336
solid wastes, other than scrap tires, by a political subdivision	3337
or a person holding a franchise or license from a political	3338
subdivision of the state; to composting, as defined in section	3339
1511.01 of the Revised Code, conducted in accordance with section	3340
1511.022 of the Revised Code; or to any person who is licensed to	3341
transport raw rendering material to a compost facility pursuant to	3342
section 953.23 of the Revised Code.	3343

(E)(1) As used in this division and section 3734.18 of the	3344
Revised Code:	3345

(a) "On-site facility" means a facility that stores, treats,	3346
or disposes of hazardous waste that is generated on the premises	3347
of the facility.	3348

(b) "Off-site facility" means a facility that stores, treats,	3349
or disposes of hazardous waste that is generated off the premises	3350
of the facility and includes such a facility that is also an	3351
on-site facility.	3352

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

3353

(i) An on-site facility that also receives hazardous waste	3354
from other premises owned by the same person who generates the	3355
waste on the facility premises;	3356

(ii) An off-site facility operated so that all of the	3357
hazardous waste it receives is generated on one or more premises	3358
owned by the person who owns the facility;	3359

(iii) An on-site facility that also receives hazardous waste	3360
that is transported uninterruptedly and directly to the facility	3361
through a pipeline from a generator who is not the owner of the	3362
facility.	3363

(2) Except as provided in division (E)(3) of this section, no	3364
person shall establish or operate a hazardous waste facility, or	3365
use a solid waste facility for the storage, treatment, or disposal	3366
of any hazardous waste, without a hazardous waste facility	3367
installation and operation permit issued in accordance with	3368
section 3734.05 of the Revised Code and subject to the payment of	3369
an application fee not to exceed one thousand five hundred	3370
dollars, payable upon application for a hazardous waste facility	3371
installation and operation permit and upon application for a	3372
renewal permit issued under division (H) of section 3734.05 of the	3373
Revised Code, to be credited to the hazardous waste facility	3374
management fund created in section 3734.18 of the Revised Code.	3375
The term of a hazardous waste facility installation and operation	3376
permit shall not exceed five years.	3377

In addition to the application fee, there is hereby levied an	3378
annual permit fee to be paid by the permit holder upon the	3379
anniversaries of the date of issuance of the hazardous waste	3380
facility installation and operation permit and of any subsequent	3381
renewal permits and to be credited to the hazardous waste facility	3382
management fund. Annual permit fees totaling forty thousand	3383
dollars or more for any one facility may be paid on a quarterly	3384
basis with the first quarterly payment each year being due on the	3385
anniversary of the date of issuance of the hazardous waste	3386
facility installation and operation permit and of any subsequent	3387
renewal permits. The annual permit fee shall be determined for	3388
each permit holder by the director in accordance with the	3389
following schedule:	3390

A hazardous waste disposal facility that disposes of	3421
hazardous waste by deep well injection and that pays the annual	3422
permit fee established in section 6111.046 of the Revised Code is	3423
not subject to the permit fee established in this division for	3424
disposal facilities using deep well injection unless the director	3425
determines that the facility is not in compliance with applicable	3426
requirements established under this chapter and rules adopted	3427
under it.	3428

In determining the annual permit fee required by this	3429
section, the director shall not require additional payments for	3430
multiple units of the same method of storage, treatment, or	3431
disposal or for individual units that are used for both storage	3432
and treatment. A facility using more than one method of storage,	3433
treatment, or disposal shall pay the permit fee indicated by the	3434
schedule for each such method.	3435

The director shall not require the payment of that portion of	3436
an annual permit fee of any permit holder that would apply to a	3437
hazardous waste management unit for which a permit has been	3438
issued, but for which construction has not yet commenced. Once	3439
construction has commenced, the director shall require the payment	3440
of a part of the appropriate fee indicated by the schedule that	3441
bears the same relationship to the total fee that the number of	3442
days remaining until the next anniversary date at which payment of	3443
the annual permit fee is due bears to three hundred sixty-five.	3444

The director, by rules adopted in accordance with Chapters	3445
119. and 3745. of the Revised Code, shall prescribe procedures for	3446
collecting the annual permit fee established by this division and	3447
may prescribe other requirements necessary to carry out this	3448
division.	3449

(3) The prohibition against establishing or operating a	3450
hazardous waste facility without a hazardous waste facility	3451
installation and operation permit does not apply to either of the	3452
following:	3453

(a) A facility that is operating in accordance with a permit	3454
renewal issued under division (H) of section 3734.05 of the	3455
Revised Code, a revision issued under division (I) of that section	3456
as it existed prior to August 20, 1996, or a modification issued	3457
by the director under division (I) of that section on and after	3458
August 20, 1996;	3459

(b) Except as provided in division (J) of section 3734.05 of	3460
the Revised Code, a facility that will operate or is operating in	3461
accordance with a permit by rule, or that is not subject to permit	3462
requirements, under rules adopted by the director. In accordance	3463
with Chapter 119. of the Revised Code, the director shall adopt,	3464
and subsequently may amend, suspend, or rescind, rules for the	3465
purposes of division (E)(3)(b) of this section. Any rules so	3466
adopted shall be consistent with and equivalent to regulations	3467
pertaining to interim status adopted under the "Resource	3468
Conservation and Recovery Act of 1976," 90 Stat. 2806, 42 U.S.C.A.	3469
6921, as amended, except as otherwise provided in this chapter.	3470

If a modification is requested or proposed for a facility	3471
described in division (E)(3)(a) or (b) of this section, division	3472
(I)(7) of section 3734.05 of the Revised Code applies.	3473

(F) No person shall store, treat, or dispose of hazardous	3474
waste identified or listed under this chapter and rules adopted	3475
under it, regardless of whether generated on or off the premises	3476
where the waste is stored, treated, or disposed of, or transport	3477
or cause to be transported any hazardous waste identified or	3478
listed under this chapter and rules adopted under it to any other	3479
premises, except at or to any of the following:	3480

(1) A hazardous waste facility operating under a permit	3481
issued in accordance with this chapter;	3482

(2) A facility in another state operating under a license or	3483
permit issued in accordance with the "Resource Conservation and	3484
Recovery Act of 1976," 90 Stat. 2806, 42 U.S.C.A. 6921, as	3485
amended;	3486

(3) A facility in another nation operating in accordance with	3487
the laws of that nation;	3488

(4) A facility holding a permit issued pursuant to Title I of	3489
the "Marine Protection, Research, and Sanctuaries Act of 1972," 86	3490
Stat. 1052, 33 U.S.C.A. 1401, as amended;	3491

(5) A hazardous waste facility as described in division	3492
(E)(3)(a) or (b) of this section.	3493

(G) The director, by order, may exempt any person generating,	3494
collecting, storing, treating, disposing of, or transporting solid	3495
wastes or hazardous waste, or processing solid wastes that consist	3496
of scrap tires, in such quantities or under such circumstances	3497
that, in the determination of the director, are unlikely to	3498
adversely affect the public health or safety or the environment	3499
from any requirement to obtain a registration certificate, permit,	3500
or license or comply with the manifest system or other	3501
requirements of this chapter. Such an exemption shall be	3502
consistent with and equivalent to any regulations adopted by the	3503
administrator of the United States environmental protection agency	3504
under the "Resource Conservation and Recovery Act of 1976," 90	3505
Stat. 2806, 42 U.S.C.A. 6921, as amended, except as otherwise	3506
provided in this chapter.	3507

(H) No person shall engage in filling, grading, excavating,	3508
building, drilling, or mining on land where a hazardous waste	3509
facility, or a solid waste facility, was operated without prior	3510
authorization from the director, who shall establish the procedure	3511
for granting such authorization by rules adopted in accordance	3512
with Chapter 119. of the Revised Code.	3513

A public utility that has main or distribution lines above or	3514
below the land surface located on an easement or right-of-way	3515
across land where a solid waste facility was operated may engage	3516
in any such activity within the easement or right-of-way without	3517
prior authorization from the director for purposes of performing	3518
emergency repair or emergency replacement of its lines; of the	3519
poles, towers, foundations, or other structures supporting or	3520
sustaining any such lines; or of the appurtenances to those	3521
structures, necessary to restore or maintain existing public	3522
utility service. A public utility may enter upon any such easement	3523
or right-of-way without prior authorization from the director for	3524
purposes of performing necessary or routine maintenance of those	3525
portions of its existing lines; of the existing poles, towers,	3526
foundations, or other structures sustaining or supporting its	3527
lines; or of the appurtenances to any such supporting or	3528
sustaining structure, located on or above the land surface on any	3529
such easement or right-of-way. Within twenty-four hours after	3530
commencing any such emergency repair, replacement, or maintenance	3531
work, the public utility shall notify the director or the	3532
director's authorized representative of those activities and shall	3533
provide such information regarding those activities as the	3534
director or the director's representative may request. Upon	3535
completion of the emergency repair, replacement, or maintenance	3536
activities, the public utility shall restore any land of the solid	3537
waste facility disturbed by those activities to the condition	3538
existing prior to the commencement of those activities.	3539

(I) No owner or operator of a hazardous waste facility, in	3540
the operation of the facility, shall cause, permit, or allow the	3541
emission therefrom of any particulate matter, dust, fumes, gas,	3542
mist, smoke, vapor, or odorous substance that, in the opinion of	3543
the director, unreasonably interferes with the comfortable	3544
enjoyment of life or property by persons living or working in the	3545
vicinity of the facility, or that is injurious to public health.	3546
Any such action is hereby declared to be a public nuisance.	3547

(J) Notwithstanding any other provision of this chapter, in	3548
the event the director finds an imminent and substantial danger to	3549
public health or safety or the environment that creates an	3550
emergency situation requiring the immediate treatment, storage, or	3551
disposal of hazardous waste, the director may issue a temporary	3552
emergency permit to allow the treatment, storage, or disposal of	3553
the hazardous waste at a facility that is not otherwise authorized	3554
by a hazardous waste facility installation and operation permit to	3555
treat, store, or dispose of the waste. The emergency permit shall	3556
not exceed ninety days in duration and shall not be renewed. The	3557
director shall adopt, and may amend, suspend, or rescind, rules in	3558
accordance with Chapter 119. of the Revised Code governing the	3559
issuance, modification, revocation, and denial of emergency	3560
permits.	3561

(K) No owner or operator of a sanitary landfill shall	3562
knowingly accept for disposal, or dispose of, any infectious	3563
wastes, other than those subject to division (A)(1)(c) of section	3564
3734.021 of the Revised Code, that have not been treated to render	3565
them noninfectious. For the purposes of this division,	3566
certification by the owner or operator of the treatment facility	3567
where the wastes were treated on the shipping paper required by	3568
rules adopted under division (D)(2) of that section creates a	3569
rebuttable presumption that the wastes have been so treated.	3570

(L) The director, in accordance with Chapter 119. of the	3571
Revised Code, shall adopt, and may amend, suspend, or rescind,	3572
rules having uniform application throughout the state establishing	3573
a training and certification program that shall be required for	3574
employees of boards of health who are responsible for enforcing	3575
the solid waste and infectious waste provisions of this chapter	3576
and rules adopted under them and for persons who are responsible	3577
for the operation of solid waste facilities or infectious waste	3578
treatment facilities. The rules shall provide all of the	3579
following, without limitation:	3580

(1) The program shall be administered by the director and	3581
shall consist of a course on new solid waste and infectious waste	3582
technologies, enforcement procedures, and rules;	3583

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

3584

(3) Those persons who are required to take the course under	3585
division (L) of this section shall do so triennially;	3586

(4) Persons who successfully complete the course shall be	3587
certified by the director;	3588

(5) Certification shall be required for all employees of	3589
boards of health who are responsible for enforcing the solid waste	3590
or infectious waste provisions of this chapter and rules adopted	3591
under them and for all persons who are responsible for the	3592
operation of solid waste facilities or infectious waste treatment	3593
facilities;	3594

(6)(a) All employees of a board of health who, on the	3595
effective date of the rules adopted under this division, are	3596
responsible for enforcing the solid waste or infectious waste	3597
provisions of this chapter and the rules adopted under them shall	3598
complete the course and be certified by the director not later	3599
than January 1, 1995;	3600

(b) All employees of a board of health who, after the	3601
effective date of the rules adopted under division (L) of this	3602
section, become responsible for enforcing the solid waste or	3603
infectious waste provisions of this chapter and rules adopted	3604
under them and who do not hold a current and valid certification	3605
from the director at that time shall complete the course and be	3606
certified by the director within two years after becoming	3607
responsible for performing those activities.	3608

No person shall fail to obtain the certification required	3609
under this division.	3610

(M) The director shall not issue a permit under section	3611
3734.05 of the Revised Code to establish a solid waste facility,	3612
or to modify a solid waste facility operating on December 21,	3613
1988, in a manner that expands the disposal capacity or geographic	3614
area covered by the facility, that is or is to be located within	3615
the boundaries of a state park established or dedicated under	3616
Chapter 1541. of the Revised Code, a state park purchase area	3617
established under section 1541.02 of the Revised Code, any unit of	3618
the national park system, or any property that lies within the	3619
boundaries of a national park or recreation area, but that has not	3620
been acquired or is not administered by the secretary of the	3621
United States department of the interior, located in this state,	3622
or any candidate area located in this state and identified for	3623
potential inclusion in the national park system in the edition of	3624
the "national park system plan" submitted under paragraph (b) of	3625
section 8 of "The Act of August 18, 1970," 84 Stat. 825, 16	3626
U.S.C.A. 1a-5, as amended, current at the time of filing of the	3627
application for the permit, unless the facility or proposed	3628
facility is or is to be used exclusively for the disposal of solid	3629
wastes generated within the park or recreation area and the	3630
director determines that the facility or proposed facility will	3631
not degrade any of the natural or cultural resources of the park	3632
or recreation area. The director shall not issue a variance under	3633
division (A) of this section and rules adopted under it, or issue	3634
an exemption order under division (G) of this section, that would	3635
authorize any such establishment or expansion of a solid waste	3636
facility within the boundaries of any such park or recreation	3637
area, state park purchase area, or candidate area, other than a	3638
solid waste facility exclusively for the disposal of solid wastes	3639
generated within the park or recreation area when the director	3640
determines that the facility will not degrade any of the natural	3641
or cultural resources of the park or recreation area.	3642

(N)(1) The rules adopted under division (A) of this section,	3643
other than those governing variances, do not apply to scrap tire	3644
collection, storage, monocell, monofill, and recovery facilities.	3645
Those facilities are subject to and governed by rules adopted	3646
under sections 3734.70 to 3734.73 of the Revised Code, as	3647
applicable.	3648

(2) Division (C) of this section does not apply to scrap tire	3649
collection, storage, monocell, monofill, and recovery facilities.	3650
The establishment and modification of those facilities are subject	3651
to sections 3734.75 to 3734.78 and section 3734.81 of the Revised	3652
Code, as applicable.	3653

(3) The director may adopt, amend, suspend, or rescind rules	3654
under division (A) of this section creating an alternative system	3655
for authorizing the establishment, operation, or modification of a	3656
solid waste compost facility in lieu of the requirement that a	3657
person seeking to establish, operate, or modify a solid waste	3658
compost facility apply for and receive a permit under division (C)	3659
of this section and section 3734.05 of the Revised Code and a	3660
license under division (A)(1) of that section. The rules may	3661
include requirements governing, without limitation, the	3662
classification of solid waste compost facilities, the submittal of	3663
operating records for solid waste compost facilities, and the	3664
creation of a registration or notification system in lieu of the	3665
issuance of permits and licenses for solid waste compost	3666
facilities. The rules shall specify the applicability of divisions	3667
(A)(1), (2)(a), (3), and (4) of section 3734.05 of the Revised	3668
Code to a solid waste compost facility.	3669

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

3670

(1) "On-site facility" means a facility that treats or	3671
disposes of hazardous waste that is generated on the premises of	3672
the facility.	3673

(2) "Off-site facility" means a facility that treats or	3674
disposes of hazardous waste that is generated off the premises of	3675
the facility.	3676

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

3677

(a) An on-site facility that also receives hazardous waste	3678
from other premises owned by the same person who generates the	3679
waste on the facility premises;	3680

(b) An off-site facility operated so that all of the	3681
hazardous waste it receives is generated on one or more premises	3682
owned by the person who owns the facility;	3683

(c) An on-site facility that also receives hazardous waste	3684
that is transported uninterruptedly and directly to the facility	3685
through a pipeline from a generator who is not the owner of the	3686
facility.	3687

(B) A treatment or disposal facility that is subject to the	3688
fees that are levied under this section may be both an on-site	3689
facility and an off-site facility. The determination of whether an	3690
on-site facility fee or an off-site facility fee is to be paid for	3691
a hazardous waste that is treated or disposed of at the facility	3692
shall be based on whether that hazardous waste was generated on or	3693
off the premises of the facility.	3694

(C) There are hereby levied fees on the disposal of hazardous	3695
waste to be collected according to the following schedule at each	3696
disposal facility to which a hazardous waste facility installation	3697
and operation permit or renewal of a permit has been issued under	3698
this chapter or that is operating in accordance with a permit by	3699
rule under rules adopted by the director of environmental	3700
protection:	3701

(1) For disposal facilities that are off-site facilities as	3702
defined in division (E) of section 3734.02 of the Revised Code,	3703
fees shall be levied at the rate of four dollars and fifty cents	3704
per ton for hazardous waste disposed of by deep well injection and	3705
nine dollars per ton for hazardous waste disposed of by land	3706
application or landfilling. The owner or operator of the facility,	3707
as a trustee for the state, shall collect the fees and forward	3708
them to the director in accordance with rules adopted under this	3709
section.	3710

(2) For disposal facilities that are on-site or satellite	3711
facilities, as defined in division (E) of section 3734.02 of the	3712
Revised Code, fees shall be levied at the rate of two dollars per	3713
ton for hazardous waste disposed of by deep well injection and	3714
four dollars per ton for hazardous waste disposed of by land	3715
application or landfilling. The maximum annual disposal fee for an	3716
on-site disposal facility that disposes of one hundred thousand	3717
tons or less of hazardous waste in a year is twenty-five thousand	3718
dollars. The maximum annual disposal fee for an on-site facility	3719
that disposes of more than one hundred thousand tons of hazardous	3720
waste in a year by land application or landfilling is fifty	3721
thousand dollars, and the maximum annual fee for an on-site	3722
facility that disposes of more than one hundred thousand tons of	3723
hazardous waste in a year by deep well injection is one hundred	3724
thousand dollars. The maximum annual disposal fee for a satellite	3725
facility that disposes of one hundred thousand tons or less of	3726
hazardous waste in a year is thirty-seven thousand five hundred	3727
dollars, and the maximum annual disposal fee for a satellite	3728
facility that disposes of more than one hundred thousand tons of	3729
hazardous waste in a year is seventy-five thousand dollars, except	3730
that a satellite facility defined under division (E)(A)(3)(b) of	3731
this section 3734.02 of the Revised Code that receives hazardous	3732
waste from a single generation site is subject to the same maximum	3733
annual disposal fees as an on-site disposal facility. The owner or	3734
operator shall pay the fee to the director each year upon the	3735
anniversary of the date of issuance of the owner's or operator's	3736
installation and operation permit during the term of that permit	3737
and any renewal permit issued under division (H) of section	3738
3734.05 of the Revised Code or on the anniversary of the date of a	3739
permit by rule. If payment is late, the owner or operator shall	3740
pay an additional ten per cent of the amount of the fee for each	3741
month that it is late.	3742

(B)(D) There are hereby levied fees at the rate of two	3743
dollars per ton on hazardous waste that is treated at treatment	3744
facilities that are not on-site or satellite facilities, as	3745
defined in division (E) of section 3734.02 of the Revised Code, to	3746
which a hazardous waste facility installation and operation permit	3747
or renewal of a permit has been issued under this chapter, whose	3748
owner or operator is operating in accordance with a permit by rule	3749
under rules adopted by the director, or that are not subject to	3750
the hazardous waste facility installation and operation permit	3751
requirements under rules adopted by the director.	3752

(C)(E) There are hereby levied additional fees on the	3753
treatment and disposal of hazardous waste at the rate of ten per	3754
cent of the applicable fees prescribed in division (A)(C) or	3755
(B)(D) of this section for the purposes of paying the costs of	3756
municipal corporations and counties for conducting reviews of	3757
applications for hazardous waste facility installation and	3758
operation permits for proposed new or modified hazardous waste	3759
landfills within their boundaries, emergency response actions with	3760
respect to releases of hazardous waste from hazardous waste	3761
facilities within their boundaries, monitoring the operation of	3762
such hazardous waste facilities, and local waste management	3763
planning programs. The owner or operator of a facility located	3764
within a municipal corporation, as a trustee for the municipal	3765
corporation, shall collect the fees levied by this division and	3766
forward them to the treasurer of the municipal corporation or such	3767
officer as, by virtue of the charter, has the duties of the	3768
treasurer in accordance with rules adopted under this section. The	3769
owner or operator of a facility located in an unincorporated area,	3770
as a trustee of the county in which the facility is located, shall	3771
collect the fees levied by this division and forward them to the	3772
county treasurer of that county in accordance with rules adopted	3773
under this section. The owner or operator shall pay the fees	3774
levied by this division to the treasurer or such other officer of	3775
the municipal corporation or to the county treasurer each year	3776
upon the anniversary of the date of issuance of the owner's or	3777
operator's installation and operation permit during the term of	3778
that permit and any renewal permit issued under division (H) of	3779
section 3734.05 of the Revised Code or on the anniversary of the	3780
date of a permit by rule or the date on which the facility became	3781
exempt from hazardous waste facility installation and operation	3782
permit requirements under rules adopted by the director. If	3783
payment is late, the owner or operator shall pay an additional ten	3784
per cent of the amount of the fee for each month that the payment	3785
is late.	3786

Moneys received by a municipal corporation under this	3787
division shall be paid into a special fund of the municipal	3788
corporation and used exclusively for the purposes of conducting	3789
reviews of applications for hazardous waste facility installation	3790
and operation permits for new or modified hazardous waste	3791
landfills located or proposed within the municipal corporation,	3792
conducting emergency response actions with respect to releases of	3793
hazardous waste from facilities located within the municipal	3794
corporation, monitoring operation of such hazardous waste	3795
facilities, and conducting waste management planning programs	3796
within the municipal corporation through employees of the	3797
municipal corporation or pursuant to contracts entered into with	3798
persons or political subdivisions. Moneys received by a board of	3799
county commissioners under this division shall be paid into a	3800
special fund of the county and used exclusively for those purposes	3801
within the unincorporated area of the county through employees of	3802
the county or pursuant to contracts entered into with persons or	3803
political subdivisions.	3804

(D)(F) As used in this section, "treatment" or "treated" does	3805
not include any method, technique, or process designed to recover	3806
energy or material resources from the waste or to render the waste	3807
amenable for recovery. The fees levied by division (B)(D) of this	3808
section do not apply to hazardous waste that is treated and	3809
disposed of on the same premises or by the same person.	3810

(E)(G) The director, by rules adopted in accordance with	3811
Chapters 119. and 3745. of the Revised Code, shall prescribe any	3812
dates not specified in this section and procedures for collecting	3813
and forwarding the fees prescribed by this section and may	3814
prescribe other requirements that are necessary to carry out this	3815
section.	3816

The director shall deposit the moneys collected under	3817
divisions (A)(C) and (B)(D) of this section into one or more	3818
minority banks, as "minority bank" is defined in division (F)(1)	3819
of section 135.04 of the Revised Code, to the credit of the	3820
hazardous waste facility management fund, which is hereby created	3821
in the state treasury, except that the director shall deposit to	3822
the credit of the underground injection control fund created in	3823
section 6111.046 of the Revised Code moneys in excess of fifty	3824
thousand dollars that are collected during a fiscal year under	3825
division (A)(C)(2) of this section from the fee levied on the	3826
disposal of hazardous waste by deep well injection at an on-site	3827
disposal facility that disposes of more than one hundred thousand	3828
tons of hazardous waste in a year.	3829

The environmental protection agency may use moneys in the	3830
hazardous waste facility management fund for administration of the	3831
hazardous waste program established under this chapter and, in	3832
accordance with this section, may request approval by the	3833
controlling board for that use on an annual basis. In addition,	3834
the agency may use and pledge moneys in that fund for repayment of	3835
and for interest on any loans made by the Ohio water development	3836
authority to the agency for the hazardous waste program	3837
established under this chapter without the necessity of requesting	3838
approval by the controlling board, which use and pledge shall have	3839
priority over any other use of the moneys in the fund.	3840

Until September 28, 1996, the director also may use moneys in	3841
the fund to pay the start-up costs of administering Chapter 3746.	3842
of the Revised Code.	3843

If moneys in the fund that the agency uses in accordance with	3844
this chapter are reimbursed by grants or other moneys from the	3845
United States government, the grants or other moneys shall be	3846
placed in the fund.	3847

Before the agency makes any expenditure from the fund other	3848
than for repayment of and interest on any loan made by the Ohio	3849
water development authority to the agency in accordance with this	3850
section, the controlling board shall approve the expenditure.	3851

Sec. 3734.57.  (A) For the purposes of paying the state's	3852
long-term operation costs or matching share for actions taken	3853
under the "Comprehensive Environmental Response, Compensation, and	3854
Liability Act of 1980," 94 Stat. 2767, 42 U.S.C.A. 9601, as	3855
amended; paying the costs of measures for proper clean-up of sites	3856
where polychlorinated biphenyls and substances, equipment, and	3857
devices containing or contaminated with polychlorinated biphenyls	3858
have been stored or disposed of; paying the costs of conducting	3859
surveys or investigations of solid waste facilities or other	3860
locations where it is believed that significant quantities of	3861
hazardous waste were disposed of and for conducting enforcement	3862
actions arising from the findings of such surveys or	3863
investigations; paying the costs of acquiring and cleaning up, or	3864
providing financial assistance for cleaning up, any hazardous	3865
waste facility or solid waste facility containing significant	3866
quantities of hazardous waste, that constitutes an imminent and	3867
substantial threat to public health or safety or the environment;	3868
and, from July 1, 2003, through June 30, 2006, for the purposes of	3869
paying the costs of administering and enforcing the laws	3870
pertaining to solid wastes, infectious wastes, and construction	3871
and demolition debris, including, without limitation, ground water	3872
evaluations related to solid wastes, infectious wastes, and	3873
construction and demolition debris, under this chapter and Chapter	3874
3714. of the Revised Code and any rules adopted under them, and	3875
paying a share of the administrative costs of the environmental	3876
protection agency pursuant to section 3745.014 of the Revised	3877
Code, the following fees are hereby levied on the disposal of	3878
solid wastes in this state:	3879

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

3880

(2) An additional one dollar per ton on and after July 1,	3881
2003, through June 30, 2006.	3882

The owner or operator of a solid waste disposal facility	3883
shall collect the fees levied under this division as a trustee for	3884
the state and shall prepare and file with the director of	3885
environmental protection monthly returns indicating the total	3886
tonnage of solid wastes received for disposal at the gate of the	3887
facility and the total amount of the fees collected under this	3888
division. Not later than thirty days after the last day of the	3889
month to which such a return applies, the owner or operator shall	3890
mail to the director the return for that month together with the	3891
fees collected during that month as indicated on the return. The	3892
owner or operator may request an extension of not more than thirty	3893
days for filing the return and remitting the fees, provided that	3894
the owner or operator has submitted such a request in writing to	3895
the director together with a detailed description of why the	3896
extension is requested, the director has received the request not	3897
later than the day on which the return is required to be filed,	3898
and the director has approved the request. If the fees are not	3899
remitted within sixtythirty days after the last day of the month	3900
during which they were collected or are not remitted by the last	3901
day of an extension approved by the director, the owner or	3902
operator shall pay an additional fifty per cent of the amount of	3903
the fees for each month that they are late.	3904

One-half of the moneys remitted to the director under	3905
division (A)(1) of this section shall be credited to the hazardous	3906
waste facility management fund created in section 3734.18 of the	3907
Revised Code, and one-half shall be credited to the hazardous	3908
waste clean-up fund created in section 3734.28 of the Revised	3909
Code. The moneys remitted to the director under division (A)(2) of	3910
this section shall be credited to the solid waste fund, which is	3911
hereby created in the state treasury. The environmental protection	3912
agency shall use moneys in the solid waste fund only to pay the	3913
costs of administering and enforcing the laws pertaining to solid	3914
wastes, infectious wastes, and construction and demolition debris,	3915
including, without limitation, ground water evaluations related to	3916
solid wastes, infectious wastes, and construction and demolition	3917
debris, under this chapter and Chapter 3714. of the Revised Code	3918
and rules adopted under them and to pay a share of the	3919
administrative costs of the environmental protection agency	3920
pursuant to section 3745.014 of the Revised Code.	3921

The fees levied under this division and divisions (B) and (C)	3922
of this section are in addition to all other applicable fees and	3923
taxes and shall be added to any other fee or amount specified in a	3924
contract that is charged by the owner or operator of a solid waste	3925
disposal facility or to any other fee or amount that is specified	3926
in a contract entered into on or after March 4, 1992, and that is	3927
charged by a transporter of solid wastes.	3928

(B) For the purpose of preparing, revising, and implementing	3929
the solid waste management plan of the county or joint solid waste	3930
management district, including, without limitation, the	3931
development and implementation of solid waste recycling or	3932
reduction programs; providing financial assistance to boards of	3933
health within the district, if solid waste facilities are located	3934
within the district, for the enforcement of this chapter and rules	3935
adopted and orders and terms and conditions of permits, licenses,	3936
and variances issued under it, other than the hazardous waste	3937
provisions of this chapter and rules adopted and orders and terms	3938
and conditions of permits issued under those provisions; providing	3939
financial assistance to the county to defray the added costs of	3940
maintaining roads and other public facilities and of providing	3941
emergency and other public services resulting from the location	3942
and operation of a solid waste facility within the county under	3943
the district's approved solid waste management plan; paying the	3944
costs incurred by boards of health for collecting and analyzing	3945
water samples from public or private wells on lands adjacent to	3946
solid waste facilities that are contained in the approved or	3947
amended plan of the district; paying the costs of developing and	3948
implementing a program for the inspection of solid wastes	3949
generated outside the boundaries of this state that are disposed	3950
of at solid waste facilities included in the district's approved	3951
solid waste management plan or amended plan; providing financial	3952
assistance to boards of health within the district for enforcing	3953
laws prohibiting open dumping; providing financial assistance to	3954
local law enforcement agencies within the district for enforcing	3955
laws and ordinances prohibiting littering; providing financial	3956
assistance to boards of health of health districts within the	3957
district that are on the approved list under section 3734.08 of	3958
the Revised Code for the training and certification required for	3959
their employees responsible for solid waste enforcement by rules	3960
adopted under division (L) of section 3734.02 of the Revised Code;	3961
providing financial assistance to individual municipal	3962
corporations and townships within the district to defray their	3963
added costs of maintaining roads and other public facilities and	3964
of providing emergency and other public services resulting from	3965
the location and operation within their boundaries of a	3966
composting, energy or resource recovery, incineration, or	3967
recycling facility that either is owned by the district or is	3968
furnishing solid waste management facility or recycling services	3969
to the district pursuant to a contract or agreement with the board	3970
of county commissioners or directors of the district; and payment	3971
of any expenses that are agreed to, awarded, or ordered to be paid	3972
under section 3734.35 of the Revised Code and of any	3973
administrative costs incurred pursuant to that section, the solid	3974
waste management policy committee of a county or joint solid waste	3975
management district may levy fees upon the following activities:	3976

(1) The disposal at a solid waste disposal facility located	3977
in the district of solid wastes generated within the district;	3978

(2) The disposal at a solid waste disposal facility within	3979
the district of solid wastes generated outside the boundaries of	3980
the district, but inside this state;	3981

(3) The disposal at a solid waste disposal facility within	3982
the district of solid wastes generated outside the boundaries of	3983
this state.	3984

If any such fees are levied prior to January 1, 1994, fees	3985
levied under division (B)(1) of this section always shall be equal	3986
to one-half of the fees levied under division (B)(2) of this	3987
section, and fees levied under division (B)(3) of this section,	3988
which shall be in addition to fees levied under division (B)(2) of	3989
this section, always shall be equal to fees levied under division	3990
(B)(1) of this section, except as otherwise provided in this	3991
division. The solid waste management plan of the county or joint	3992
district approved under section 3734.521 or 3734.55 of the Revised	3993
Code and any amendments to it, or the resolution adopted under	3994
this division, as appropriate, shall establish the rates of the	3995
fees levied under divisions (B)(1), (2), and (3) of this section,	3996
if any, and shall specify whether the fees are levied on the basis	3997
of tons or cubic yards as the unit of measurement. Although the	3998
fees under divisions (A)(1) and (2) of this section are levied on	3999
the basis of tons as the unit of measurement, the solid waste	4000
management plan of the district and any amendments to it or the	4001
solid waste management policy committee in its resolution levying	4002
fees under this division may direct that the fees levied under	4003
those divisions be levied on the basis of cubic yards as the unit	4004
of measurement based upon a conversion factor of three cubic yards	4005
per ton generally or one cubic yard per ton for baled wastes if	4006
the fees under divisions (B)(1) to (3) of this section are being	4007
levied on the basis of cubic yards as the unit of measurement	4008
under the plan, amended plan, or resolution.	4009

On and after January 1, 1994, the fee levied under division	4010
(B)(1) of this section shall be not less than one dollar per ton	4011
nor more than two dollars per ton, the fee levied under division	4012
(B)(2) of this section shall be not less than two dollars per ton	4013
nor more than four dollars per ton, and the fee levied under	4014
division (B)(3) of this section shall be not more than the fee	4015
levied under division (B)(1) of this section, except as otherwise	4016
provided in this division and notwithstanding any schedule of	4017
those fees established in the solid waste management plan of a	4018
county or joint district approved under section 3734.55 of the	4019
Revised Code or a resolution adopted and ratified under this	4020
division that is in effect on that date. If the fee that a	4021
district is levying under division (B)(1) of this section on that	4022
date under its approved plan or such a resolution is less than one	4023
dollar per ton, the fee shall be one dollar per ton on and after	4024
January 1, 1994, and if the fee that a district is so levying	4025
under that division exceeds two dollars per ton, the fee shall be	4026
two dollars per ton on and after that date. If the fee that a	4027
district is so levying under division (B)(2) of this section is	4028
less than two dollars per ton, the fee shall be two dollars per	4029
ton on and after that date, and if the fee that the district is so	4030
levying under that division exceeds four dollars per ton, the fee	4031
shall be four dollars per ton on and after that date. On that	4032
date, the fee levied by a district under division (B)(3) of this	4033
section shall be equal to the fee levied under division (B)(1) of	4034
this section. Except as otherwise provided in this division, the	4035
fees established by the operation of this amendment shall remain	4036
in effect until the district's resolution levying fees under this	4037
division is amended or repealed in accordance with this division	4038
to amend or abolish the schedule of fees, the schedule of fees is	4039
amended or abolished in an amended plan of the district approved	4040
under section 3734.521 or division (A) or (D) of section 3734.56	4041
of the Revised Code, or the schedule of fees is amended or	4042
abolished through an amendment to the district's plan under	4043
division (E) of section 3734.56 of the Revised Code; the	4044
notification of the amendment or abolishment of the fees has been	4045
given in accordance with this division; and collection of the	4046
amended fees so established commences, or collection of the fees	4047
ceases, in accordance with this division.	4048

The solid waste management policy committee of a district	4049
levying fees under divisions (B)(1) to (3) of this section on	4050
October 29, 1993, under its solid waste management plan approved	4051
under section 3734.55 of the Revised Code or a resolution adopted	4052
and ratified under this division that are within the ranges of	4053
rates prescribed by this amendment, by adoption of a resolution	4054
not later than December 1, 1993, and without the necessity for	4055
ratification of the resolution under this division, may amend	4056
those fees within the prescribed ranges, provided that the	4057
estimated revenues from the amended fees will not substantially	4058
exceed the estimated revenues set forth in the district's budget	4059
for calendar year 1994. Not later than seven days after the	4060
adoption of such a resolution, the committee shall notify by	4061
certified mail the owner or operator of each solid waste disposal	4062
facility that is required to collect the fees of the adoption of	4063
the resolution and of the amount of the amended fees. Collection	4064
of the amended fees shall take effect on the first day of the	4065
first month following the month in which the notification is sent	4066
to the owner or operator. The fees established in such a	4067
resolution shall remain in effect until the district's resolution	4068
levying fees that was adopted and ratified under this division is	4069
amended or repealed, and the amendment or repeal of the resolution	4070
is ratified, in accordance with this division, to amend or abolish	4071
the fees, the schedule of fees is amended or abolished in an	4072
amended plan of the district approved under section 3734.521 or	4073
division (A) or (D) of section 3734.56 of the Revised Code, or the	4074
schedule of fees is amended or abolished through an amendment to	4075
the district's plan under division (E) of section 3734.56 of the	4076
Revised Code; the notification of the amendment or abolishment of	4077
the fees has been given in accordance with this division; and	4078
collection of the amended fees so established commences, or	4079
collection of the fees ceases, in accordance with this division.	4080

Prior to the approval of the solid waste management plan of	4081
the district under section 3734.55 of the Revised Code, the solid	4082
waste management policy committee of a district may levy fees	4083
under this division by adopting a resolution establishing the	4084
proposed amount of the fees. Upon adopting the resolution, the	4085
committee shall deliver a copy of the resolution to the board of	4086
county commissioners of each county forming the district and to	4087
the legislative authority of each municipal corporation and	4088
township under the jurisdiction of the district and shall prepare	4089
and publish the resolution and a notice of the time and location	4090
where a public hearing on the fees will be held. Upon adopting the	4091
resolution, the committee shall deliver written notice of the	4092
adoption of the resolution; of the amount of the proposed fees;	4093
and of the date, time, and location of the public hearing to the	4094
director and to the fifty industrial, commercial, or institutional	4095
generators of solid wastes within the district that generate the	4096
largest quantities of solid wastes, as determined by the	4097
committee, and to their local trade associations. The committee	4098
shall make good faith efforts to identify those generators within	4099
the district and their local trade associations, but the	4100
nonprovision of notice under this division to a particular	4101
generator or local trade association does not invalidate the	4102
proceedings under this division. The publication shall occur at	4103
least thirty days before the hearing. After the hearing, the	4104
committee may make such revisions to the proposed fees as it	4105
considers appropriate and thereafter, by resolution, shall adopt	4106
the revised fee schedule. Upon adopting the revised fee schedule,	4107
the committee shall deliver a copy of the resolution doing so to	4108
the board of county commissioners of each county forming the	4109
district and to the legislative authority of each municipal	4110
corporation and township under the jurisdiction of the district.	4111
Within sixty days after the delivery of a copy of the resolution	4112
adopting the proposed revised fees by the policy committee, each	4113
such board and legislative authority, by ordinance or resolution,	4114
shall approve or disapprove the revised fees and deliver a copy of	4115
the ordinance or resolution to the committee. If any such board or	4116
legislative authority fails to adopt and deliver to the policy	4117
committee an ordinance or resolution approving or disapproving the	4118
revised fees within sixty days after the policy committee	4119
delivered its resolution adopting the proposed revised fees, it	4120
shall be conclusively presumed that the board or legislative	4121
authority has approved the proposed revised fees.	4122

In the case of a county district or a joint district formed	4123
by two or three counties, the committee shall declare the proposed	4124
revised fees to be ratified as the fee schedule of the district	4125
upon determining that the board of county commissioners of each	4126
county forming the district has approved the proposed revised fees	4127
and that the legislative authorities of a combination of municipal	4128
corporations and townships with a combined population within the	4129
district comprising at least sixty per cent of the total	4130
population of the district have approved the proposed revised	4131
fees, provided that in the case of a county district, that	4132
combination shall include the municipal corporation having the	4133
largest population within the boundaries of the district, and	4134
provided further that in the case of a joint district formed by	4135
two or three counties, that combination shall include for each	4136
county forming the joint district the municipal corporation having	4137
the largest population within the boundaries of both the county in	4138
which the municipal corporation is located and the joint district.	4139
In the case of a joint district formed by four or more counties,	4140
the committee shall declare the proposed revised fees to be	4141
ratified as the fee schedule of the joint district upon	4142
determining that the boards of county commissioners of a majority	4143
of the counties forming the district have approved the proposed	4144
revised fees; that, in each of a majority of the counties forming	4145
the joint district, the proposed revised fees have been approved	4146
by the municipal corporation having the largest population within	4147
the county and the joint district; and that the legislative	4148
authorities of a combination of municipal corporations and	4149
townships with a combined population within the joint district	4150
comprising at least sixty per cent of the total population of the	4151
joint district have approved the proposed revised fees.	4152

For the purposes of this division, only the population of the	4153
unincorporated area of a township shall be considered. For the	4154
purpose of determining the largest municipal corporation within	4155
each county under this division, a municipal corporation that is	4156
located in more than one solid waste management district, but that	4157
is under the jurisdiction of one county or joint solid waste	4158
management district in accordance with division (A) of section	4159
3734.52 of the Revised Code shall be considered to be within the	4160
boundaries of the county in which a majority of the population of	4161
the municipal corporation resides.	4162

The committee may amend the schedule of fees levied pursuant	4163
to a resolution or amended resolution adopted and ratified under	4164
this division by adopting a resolution establishing the proposed	4165
amount of the amended fees. The committee may abolish the fees	4166
levied pursuant to such a resolution or amended resolution by	4167
adopting a resolution proposing to repeal them. Upon adopting such	4168
a resolution, the committee shall proceed to obtain ratification	4169
of the resolution in accordance with this division.	4170

Not later than fourteen days after declaring the fees or	4171
amended fees to be ratified under this division, the committee	4172
shall notify by certified mail the owner or operator of each solid	4173
waste disposal facility that is required to collect the fees of	4174
the ratification and the amount of the fees. Collection of any	4175
fees or amended fees ratified on or after March 24, 1992, shall	4176
commence on the first day of the second month following the month	4177
in which notification is sent to the owner or operator.	4178

Not later than fourteen days after declaring the repeal of	4179
the district's schedule of fees to be ratified under this	4180
division, the committee shall notify by certified mail the owner	4181
or operator of each facility that is collecting the fees of the	4182
repeal. Collection of the fees shall cease on the first day of the	4183
second month following the month in which notification is sent to	4184
the owner or operator.	4185

Not later than fourteen days after the director issues an	4186
order approving a district's solid waste management plan under	4187
section 3734.55 of the Revised Code or amended plan under division	4188
(A) or (D) of section 3734.56 of the Revised Code that establishes	4189
or amends a schedule of fees levied by the district, or the	4190
ratification of an amendment to the district's approved plan or	4191
amended plan under division (E) of section 3734.56 of the Revised	4192
Code that establishes or amends a schedule of fees, as	4193
appropriate, the committee shall notify by certified mail the	4194
owner or operator of each solid waste disposal facility that is	4195
required to collect the fees of the approval of the plan or	4196
amended plan, or the amendment to the plan, as appropriate, and	4197
the amount of the fees or amended fees. In the case of an initial	4198
or amended plan approved under section 3734.521 of the Revised	4199
Code in connection with a change in district composition, other	4200
than one involving the withdrawal of a county from a joint	4201
district, that establishes or amends a schedule of fees levied	4202
under divisions (B)(1) to (3) of this section by a district	4203
resulting from the change, the committee, within fourteen days	4204
after the change takes effect pursuant to division (G) of that	4205
section, shall notify by certified mail the owner or operator of	4206
each solid waste disposal facility that is required to collect the	4207
fees that the change has taken effect and of the amount of the	4208
fees or amended fees. Collection of any fees set forth in a plan	4209
or amended plan approved by the director on or after April 16,	4210
1993, or an amendment of a plan or amended plan under division (E)	4211
of section 3734.56 of the Revised Code that is ratified on or	4212
after April 16, 1993, shall commence on the first day of the	4213
second month following the month in which notification is sent to	4214
the owner or operator.	4215

Not later than fourteen days after the director issues an	4216
order approving a district's plan under section 3734.55 of the	4217
Revised Code or amended plan under division (A) or (D) of section	4218
3734.56 of the Revised Code that abolishes the schedule of fees	4219
levied under divisions (B)(1) to (3) of this section, or an	4220
amendment to the district's approved plan or amended plan	4221
abolishing the schedule of fees is ratified pursuant to division	4222
(E) of section 3734.56 of the Revised Code, as appropriate, the	4223
committee shall notify by certified mail the owner or operator of	4224
each facility that is collecting the fees of the approval of the	4225
plan or amended plan, or the amendment of the plan or amended	4226
plan, as appropriate, and the abolishment of the fees. In the case	4227
of an initial or amended plan approved under section 3734.521 of	4228
the Revised Code in connection with a change in district	4229
composition, other than one involving the withdrawal of a county	4230
from a joint district, that abolishes the schedule of fees levied	4231
under divisions (B)(1) to (3) of this section by a district	4232
resulting from the change, the committee, within fourteen days	4233
after the change takes effect pursuant to division (G) of that	4234
section, shall notify by certified mail the owner or operator of	4235
each solid waste disposal facility that is required to collect the	4236
fees that the change has taken effect and of the abolishment of	4237
the fees. Collection of the fees shall cease on the first day of	4238
the second month following the month in which notification is sent	4239
to the owner or operator.	4240

Except as otherwise provided in this division, if the	4241
schedule of fees that a district is levying under divisions (B)(1)	4242
to (3) of this section pursuant to a resolution or amended	4243
resolution adopted and ratified under this division, the solid	4244
waste management plan of the district approved under section	4245
3734.55 of the Revised Code, an amended plan approved under	4246
division (A) or (D) of section 3734.56 of the Revised Code, or an	4247
amendment to the district's approved plan or amended plan under	4248
division (E) of section 3734.56 of the Revised Code, is amended by	4249
the adoption and ratification of an amendment to the resolution or	4250
amended resolution or an amendment of the district's approved plan	4251
or amended plan, the fees in effect immediately prior to the	4252
approval of the plan or the amendment of the resolution, amended	4253
resolution, plan, or amended plan, as appropriate, shall continue	4254
to be collected until collection of the amended fees commences	4255
pursuant to this division.	4256

If, in the case of a change in district composition involving	4257
the withdrawal of a county from a joint district, the director	4258
completes the actions required under division (G)(1) or (3) of	4259
section 3734.521 of the Revised Code, as appropriate, forty-five	4260
days or more before the beginning of a calendar year, the policy	4261
committee of each of the districts resulting from the change that	4262
obtained the director's approval of an initial or amended plan in	4263
connection with the change, within fourteen days after the	4264
director's completion of the required actions, shall notify by	4265
certified mail the owner or operator of each solid waste disposal	4266
facility that is required to collect the district's fees that the	4267
change is to take effect on the first day of January immediately	4268
following the issuance of the notice and of the amount of the fees	4269
or amended fees levied under divisions (B)(1) to (3) of this	4270
section pursuant to the district's initial or amended plan as so	4271
approved or, if appropriate, the abolishment of the district's	4272
fees by that initial or amended plan. Collection of any fees set	4273
forth in such a plan or amended plan shall commence on the first	4274
day of January immediately following the issuance of the notice.	4275
If such an initial or amended plan abolishes a schedule of fees,	4276
collection of the fees shall cease on that first day of January.	4277

If, in the case of a change in district composition involving	4278
the withdrawal of a county from a joint district, the director	4279
completes the actions required under division (G)(1) or (3) of	4280
section 3734.521 of the Revised Code, as appropriate, less than	4281
forty-five days before the beginning of a calendar year, the	4282
director, on behalf of each of the districts resulting from the	4283
change that obtained the director's approval of an initial or	4284
amended plan in connection with the change proceedings, shall	4285
notify by certified mail the owner or operator of each solid waste	4286
disposal facility that is required to collect the district's fees	4287
that the change is to take effect on the first day of January	4288
immediately following the mailing of the notice and of the amount	4289
of the fees or amended fees levied under divisions (B)(1) to (3)	4290
of this section pursuant to the district's initial or amended plan	4291
as so approved or, if appropriate, the abolishment of the	4292
district's fees by that initial or amended plan. Collection of any	4293
fees set forth in such a plan or amended plan shall commence on	4294
the first day of the second month following the month in which	4295
notification is sent to the owner or operator. If such an initial	4296
or amended plan abolishes a schedule of fees, collection of the	4297
fees shall cease on the first day of the second month following	4298
the month in which notification is sent to the owner or operator.	4299

In the case of a change in district composition, the schedule	4300
of fees that the former districts that existed prior to the change	4301
were levying under divisions (B)(1) to (3) of this section	4302
pursuant to a resolution or amended resolution adopted and	4303
ratified under this division, the solid waste management plan of a	4304
former district approved under section 3734.521 or 3734.55 of the	4305
Revised Code, an amended plan approved under section 3734.521 or	4306
division (A) or (D) of section 3734.56 of the Revised Code, or an	4307
amendment to a former district's approved plan or amended plan	4308
under division (E) of section 3734.56 of the Revised Code, and	4309
that were in effect on the date that the director completed the	4310
actions required under division (G)(1) or (3) of section 3734.521	4311
of the Revised Code shall continue to be collected until the	4312
collection of the fees or amended fees of the districts resulting	4313
from the change is required to commence, or if an initial or	4314
amended plan of a resulting district abolishes a schedule of fees,	4315
collection of the fees is required to cease, under this division.	4316
Moneys so received from the collection of the fees of the former	4317
districts shall be divided among the resulting districts in	4318
accordance with division (B) of section 343.012 of the Revised	4319
Code and the agreements entered into under division (B) of section	4320
343.01 of the Revised Code to establish the former and resulting	4321
districts and any amendments to those agreements.	4322

For the purposes of the provisions of division (B) of this	4323
section establishing the times when newly established or amended	4324
fees levied by a district are required to commence and the	4325
collection of fees that have been amended or abolished is required	4326
to cease, "fees" or "schedule of fees" includes, in addition to	4327
fees levied under divisions (B)(1) to (3) of this section, those	4328
levied under section 3734.573 or 3734.574 of the Revised Code.	4329

(C) For the purposes of defraying the added costs to a	4330
municipal corporation or township of maintaining roads and other	4331
public facilities and of providing emergency and other public	4332
services, and compensating a municipal corporation or township for	4333
reductions in real property tax revenues due to reductions in real	4334
property valuations resulting from the location and operation of a	4335
solid waste disposal facility within the municipal corporation or	4336
township, a municipal corporation or township in which such a	4337
solid waste disposal facility is located may levy a fee of not	4338
more than twenty-five cents per ton on the disposal of solid	4339
wastes at a solid waste disposal facility located within the	4340
boundaries of the municipal corporation or township regardless of	4341
where the wastes were generated.	4342

The legislative authority of a municipal corporation or	4343
township may levy fees under this division by enacting an	4344
ordinance or adopting a resolution establishing the amount of the	4345
fees. Upon so doing the legislative authority shall mail a	4346
certified copy of the ordinance or resolution to the board of	4347
county commissioners or directors of the county or joint solid	4348
waste management district in which the municipal corporation or	4349
township is located or, if a regional solid waste management	4350
authority has been formed under section 343.011 of the Revised	4351
Code, to the board of trustees of that regional authority, the	4352
owner or operator of each solid waste disposal facility in the	4353
municipal corporation or township that is required to collect the	4354
fee by the ordinance or resolution, and the director of	4355
environmental protection. Although the fees levied under this	4356
division are levied on the basis of tons as the unit of	4357
measurement, the legislative authority, in its ordinance or	4358
resolution levying the fees under this division, may direct that	4359
the fees be levied on the basis of cubic yards as the unit of	4360
measurement based upon a conversion factor of three cubic yards	4361
per ton generally or one cubic yard per ton for baled wastes.	4362

Not later than five days after enacting an ordinance or	4363
adopting a resolution under this division, the legislative	4364
authority shall so notify by certified mail the owner or operator	4365
of each solid waste disposal facility that is required to collect	4366
the fee. Collection of any fee levied on or after March 24, 1992,	4367
shall commence on the first day of the second month following the	4368
month in which notification is sent to the owner or operator.	4369

(D)(1) The fees levied under divisions (A), (B), and (C) of	4370
this section do not apply to the disposal of solid wastes that:	4371

(a) Are disposed of at a facility owned by the generator of	4372
the wastes when the solid waste facility exclusively disposes of	4373
solid wastes generated at one or more premises owned by the	4374
generator regardless of whether the facility is located on a	4375
premises where the wastes are generated;	4376

(b) Are disposed of at facilities that exclusively dispose of	4377
wastes that are generated from the combustion of coal, or from the	4378
combustion of primarily coal in combination with scrap tires, that	4379
is not combined in any way with garbage at one or more premises	4380
owned by the generator.	4381

(2) Except as provided in section 3734.571 of the Revised	4382
Code, any fees levied under division (B)(1) of this section apply	4383
to solid wastes originating outside the boundaries of a county or	4384
joint district that are covered by an agreement for the joint use	4385
of solid waste facilities entered into under section 343.02 of the	4386
Revised Code by the board of county commissioners or board of	4387
directors of the county or joint district where the wastes are	4388
generated and disposed of.	4389

(3) When solid wastes, other than solid wastes that consist	4390
of scrap tires, are burned in a disposal facility that is an	4391
incinerator or energy recovery facility, the fees levied under	4392
divisions (A), (B), and (C) of this section shall be levied upon	4393
the disposal of the fly ash and bottom ash remaining after burning	4394
of the solid wastes and shall be collected by the owner or	4395
operator of the sanitary landfill where the ash is disposed of.	4396

(4) When solid wastes are delivered to a solid waste transfer	4397
facility, the fees levied under divisions (A), (B), and (C) of	4398
this section shall be levied upon the disposal of solid wastes	4399
transported off the premises of the transfer facility for disposal	4400
and shall be collected by the owner or operator of the solid waste	4401
disposal facility where the wastes are disposed of.	4402

(5) The fees levied under divisions (A), (B), and (C) of this	4403
section do not apply to sewage sludge that is generated by a waste	4404
water treatment facility holding a national pollutant discharge	4405
elimination system permit and that is disposed of through	4406
incineration, land application, or composting or at another	4407
resource recovery or disposal facility that is not a landfill.	4408

(6) The fees levied under divisions (A), (B), and (C) of this	4409
section do not apply to solid wastes delivered to a solid waste	4410
composting facility for processing. When any unprocessed solid	4411
waste or compost product is transported off the premises of a	4412
composting facility and disposed of at a landfill, the fees levied	4413
under divisions (A), (B), and (C) of this section shall be	4414
collected by the owner or operator of the landfill where the	4415
unprocessed waste or compost product is disposed of.	4416

(7) When solid wastes that consist of scrap tires are	4417
processed at a scrap tire recovery facility, the fees levied under	4418
divisions (A), (B), and (C) of this section shall be levied upon	4419
the disposal of the fly ash and bottom ash or other solid wastes	4420
remaining after the processing of the scrap tires and shall be	4421
collected by the owner or operator of the solid waste disposal	4422
facility where the ash or other solid wastes are disposed of.	4423

(E) The fees levied under divisions (B) and (C) of this	4424
section shall be collected by the owner or operator of the solid	4425
waste disposal facility where the wastes are disposed of as a	4426
trustee for the county or joint district and municipal corporation	4427
or township where the wastes are disposed of. Moneys from the fees	4428
levied under division (B) of this section shall be forwarded to	4429
the board of county commissioners or board of directors of the	4430
district in accordance with rules adopted under division (H) of	4431
this section. Moneys from the fees levied under division (C) of	4432
this section shall be forwarded to the treasurer or such other	4433
officer of the municipal corporation as, by virtue of the charter,	4434
has the duties of the treasurer or to the clerk of the township,	4435
as appropriate, in accordance with those rules.	4436

(F) Moneys received by the treasurer or such other officer of	4437
the municipal corporation under division (E) of this section shall	4438
be paid into the general fund of the municipal corporation. Moneys	4439
received by the clerk of the township under that division shall be	4440
paid into the general fund of the township. The treasurer or such	4441
other officer of the municipal corporation or the clerk, as	4442
appropriate, shall maintain separate records of the moneys	4443
received from the fees levied under division (C) of this section.	4444

(G) Moneys received by the board of county commissioners or	4445
board of directors under division (E) of this section or section	4446
3734.571, 3734.572, 3734.573, or 3734.574 of the Revised Code	4447
shall be paid to the county treasurer, or other official acting in	4448
a similar capacity under a county charter, in a county district or	4449
to the county treasurer or other official designated by the board	4450
of directors in a joint district and kept in a separate and	4451
distinct fund to the credit of the district. If a regional solid	4452
waste management authority has been formed under section 343.011	4453
of the Revised Code, moneys received by the board of trustees of	4454
that regional authority under division (E) of this section shall	4455
be kept by the board in a separate and distinct fund to the credit	4456
of the district. Moneys in the special fund of the county or joint	4457
district arising from the fees levied under division (B) of this	4458
section and the fee levied under division (A) of section 3734.573	4459
of the Revised Code shall be expended by the board of county	4460
commissioners or directors of the district in accordance with the	4461
district's solid waste management plan or amended plan approved	4462
under section 3734.521, 3734.55, or 3734.56 of the Revised Code	4463
exclusively for the following purposes:	4464

(1) Preparation of the solid waste management plan of the	4465
district under section 3734.54 of the Revised Code, monitoring	4466
implementation of the plan, and conducting the periodic review and	4467
amendment of the plan required by section 3734.56 of the Revised	4468
Code by the solid waste management policy committee;	4469

(2) Implementation of the approved solid waste management	4470
plan or amended plan of the district, including, without	4471
limitation, the development and implementation of solid waste	4472
recycling or reduction programs;	4473

(3) Providing financial assistance to boards of health within	4474
the district, if solid waste facilities are located within the	4475
district, for enforcement of this chapter and rules, orders, and	4476
terms and conditions of permits, licenses, and variances adopted	4477
or issued under it, other than the hazardous waste provisions of	4478
this chapter and rules adopted and orders and terms and conditions	4479
of permits issued under those provisions;	4480

(4) Providing financial assistance to each county within the	4481
district to defray the added costs of maintaining roads and other	4482
public facilities and of providing emergency and other public	4483
services resulting from the location and operation of a solid	4484
waste facility within the county under the district's approved	4485
solid waste management plan or amended plan;	4486

(5) Pursuant to contracts entered into with boards of health	4487
within the district, if solid waste facilities contained in the	4488
district's approved plan or amended plan are located within the	4489
district, for paying the costs incurred by those boards of health	4490
for collecting and analyzing samples from public or private water	4491
wells on lands adjacent to those facilities;	4492

(6) Developing and implementing a program for the inspection	4493
of solid wastes generated outside the boundaries of this state	4494
that are disposed of at solid waste facilities included in the	4495
district's approved solid waste management plan or amended plan;	4496

(7) Providing financial assistance to boards of health within	4497
the district for the enforcement of section 3734.03 of the Revised	4498
Code or to local law enforcement agencies having jurisdiction	4499
within the district for enforcing anti-littering laws and	4500
ordinances;	4501

(8) Providing financial assistance to boards of health of	4502
health districts within the district that are on the approved list	4503
under section 3734.08 of the Revised Code to defray the costs to	4504
the health districts for the participation of their employees	4505
responsible for enforcement of the solid waste provisions of this	4506
chapter and rules adopted and orders and terms and conditions of	4507
permits, licenses, and variances issued under those provisions in	4508
the training and certification program as required by rules	4509
adopted under division (L) of section 3734.02 of the Revised Code;	4510

(9) Providing financial assistance to individual municipal	4511
corporations and townships within the district to defray their	4512
added costs of maintaining roads and other public facilities and	4513
of providing emergency and other public services resulting from	4514
the location and operation within their boundaries of a	4515
composting, energy or resource recovery, incineration, or	4516
recycling facility that either is owned by the district or is	4517
furnishing solid waste management facility or recycling services	4518
to the district pursuant to a contract or agreement with the board	4519
of county commissioners or directors of the district;	4520

(10) Payment of any expenses that are agreed to, awarded, or	4521
ordered to be paid under section 3734.35 of the Revised Code and	4522
of any administrative costs incurred pursuant to that section. In	4523
the case of a joint solid waste management district, if the board	4524
of county commissioners of one of the counties in the district is	4525
negotiating on behalf of affected communities, as defined in that	4526
section, in that county, the board shall obtain the approval of	4527
the board of directors of the district in order to expend moneys	4528
for administrative costs incurred.	4529

Prior to the approval of the district's solid waste	4530
management plan under section 3734.55 of the Revised Code, moneys	4531
in the special fund of the district arising from the fees shall be	4532
expended for those purposes in the manner prescribed by the solid	4533
waste management policy committee by resolution.	4534

Notwithstanding division (G)(6) of this section as it existed	4535
prior to October 29, 1993, or any provision in a district's solid	4536
waste management plan prepared in accordance with division	4537
(B)(2)(e) of section 3734.53 of the Revised Code as it existed	4538
prior to that date, any moneys arising from the fees levied under	4539
division (B)(3) of this section prior to January 1, 1994, may be	4540
expended for any of the purposes authorized in divisions (G)(1) to	4541
(10) of this section.	4542

(H) The director shall adopt rules in accordance with Chapter	4543
119. of the Revised Code prescribing procedures for collecting and	4544
forwarding the fees levied under divisions (B) and (C) of this	4545
section to the boards of county commissioners or directors of	4546
county or joint solid waste management districts and to the	4547
treasurers or other officers of municipal corporations or to the	4548
clerks of townships. The rules also shall prescribe the dates for	4549
forwarding the fees to the boards and officials and may prescribe	4550
any other requirements the director considers necessary or	4551
appropriate to implement and administer divisions (A), (B), and	4552
(C) of this section. Collection of the fees levied under division	4553
(A)(1) of this section shall commence on July 1, 1993. Collection	4554
of the fees levied under division (A)(2) of this section shall	4555
commence on January 1, 1994.	4556

Sec. 3769.021.  The state racing commission shall appoint a	4557
secretary, who shall serve during the pleasure of the commission.	4558
The secretary shall devote his full time to the duties of the	4559
office and shall not hold any other office or employment. To be	4560
eligible for appointment as secretary, a person mustshall meet	4561
the qualifications required of a commissioner under section	4562
3769.02 of the Revised Code, and theexcept that the secretary	4563
shall be a qualified elector and resident of the state and does	4564
not need to additionally satisfy the qualification of a	4565
commissioner to be a resident of this state for not less than five	4566
years immediately preceding appointment. The secretary is subject	4567
to the restrictions applying to a commissioner under that section.	4568

The secretary shall be paid a salary fixed pursuant to	4569
section 124.14 of the Revised Code and shall be allowed actual and	4570
necessary traveling expenses when on commission business. The	4571
salary and expenses shall be paid out of the state racing	4572
commission operating fund created by section 3769.03 of the	4573
Revised Code.	4574

The secretary shall attend all meetings of the commission. He	4575
The secretary shall keep a complete record of its proceedings and	4576
preserve, at its general office, all books, maps, documents, and	4577
papers entrusted to its care.	4578

HeThe secretary shall be the executive officer of the	4579
commission and be responsible for keeping all commission records	4580
and the carrying out of the rules and orders of the commission. He	4581
The secretary shall perform suchany other duties as the	4582
commission prescribes.	4583

Sec. 3769.087.  (A) In addition to the commission of eighteen	4584
per cent retained by each permit holder as provided in section	4585
3769.08 of the Revised Code, each permit holder shall retain an	4586
additional amount equal to four per cent of the total of all	4587
moneys wagered on each racing day on all wagering pools other than	4588
win, place, and show, of which amount retained an amount equal to	4589
three per cent of the total of all moneys wagered on each racing	4590
day on those pools shall be paid by check, draft, or money order	4591
to the tax commissioner, as a tax. Subject to the restrictions	4592
contained in divisions (B), (C), and (M) of section 3769.08 of the	4593
Revised Code, from such additional moneys paid to the tax	4594
commissioner:	4595

(1) Four-sixths shall be allocated to fund distribution as	4596
provided in division (M) of section 3769.08 of the Revised Code.	4597

(2) One-twelfth shall be paid into the Ohio fairs fund	4598
created by section 3769.082 of the Revised Code.	4599

(3) One-twelfth of the additional moneys paid to the tax	4600
commissioner by thoroughbred racing permit holders shall be paid	4601
into the Ohio thoroughbred race fund created by section 3769.083	4602
of the Revised Code.	4603

(4) One-twelfth of the additional moneys paid to the tax	4604
commissioner by harness horse racing permit holders shall be paid	4605
to the Ohio standardbred development fund created by section	4606
3769.085 of the Revised Code.	4607

(5) One-twelfth of the additional moneys paid to the tax	4608
commissioner by quarter horse racing permit holders shall be paid	4609
to the Ohio quarter horse development fund created by section	4610
3769.086 of the Revised Code.	4611

(6) One-sixth shall be paid into the state racing commission	4612
operating fund created by section 3769.03 of the Revised Code.	4613

The remaining one per cent that is retained of the total of	4614
all moneys wagered on each racing day on all pools other than win,	4615
place, and show, shall be retained by racing permit holders, and,	4616
except as otherwise provided in section 3769.089 of the Revised	4617
Code, racing permit holders shall use one-half for purse money and	4618
retain one-half.	4619

(B) In addition to the commission of eighteen per cent	4620
retained by each permit holder as provided in section 3769.08 of	4621
the Revised Code and the additional amount retained by each permit	4622
holder as provided in division (A) of this section, each permit	4623
holder shall retain an additional amount equal to one-half of one	4624
per cent of the total of all moneys wagered on each racing day on	4625
all wagering pools other than win, place, and show. Except as	4626
provided in division (C) of this section, from the additional	4627
amount retained under this division, each permit holder shall	4628
retain an amount equal to one-quarter of one per cent of the total	4629
of all moneys wagered on each racing day on all pools other than	4630
win, place, and show and shall pay that amount by check, draft, or	4631
money order to the tax commissioner, as a tax. The tax	4632
commissioner shall pay the amount of the tax received under this	4633
division to the state racing commission operating fund created by	4634
section 3769.03 of the Revised Code.	4635

Except as provided in division (C) of this section, the	4636
remaining one-quarter of one per cent that is retained from the	4637
total of all moneys wagered on each racing day on all pools other	4638
than win, place, and show shall be retained by the permit holder,	4639
and the permit holder shall use one-half for purse money and	4640
retain one-half.	4641

(C) During the period commencing on July 1, 2003, and ending	4642
on and including June 30, 20042005, the additional amount	4643
retained by each permit holder under division (B) of this section	4644
shall be paid by check, draft, or money order to the tax	4645
commissioner, as a tax. The tax commissioner shall pay the amount	4646
of the tax received under this division to the state racing	4647
commission operating fund created by section 3769.03 of the	4648
Revised Code.	4649

Sec. 3781.19.  There is hereby established in the department	4650
of commerce a board of building appeals consisting of five members	4651
who shall be appointed by the governor with the advice and consent	4652
of the senate. Terms of office shall be for four years, commencing	4653
on the fourteenth day of October and ending on the thirteenth day	4654
of October. Each member shall hold office from the date of his	4655
appointment until the end of the term for which hethe member was	4656
appointed. Any member appointed to fill a vacancy occurring prior	4657
to the expiration of the term for which histhe member's	4658
predecessor was appointed shall hold office for the remainder of	4659
such term. Any member shall continue in office subsequent to the	4660
expiration date of histhe member's term until hisa successor	4661
takes office, or until a period of sixty days has elapsed,	4662
whichever occurs first. One member shall be an attorney-at-law,	4663
admitted to the bar of this state and of the remaining members,	4664
one shall be a registered architect and one shall be a	4665
professional engineer, each of whom shall be duly licensed to	4666
practice their respective professions in this state, one shall be	4667
a fire prevention officer qualified under section 3737.66 of the	4668
Revised Code, and one shall be a person with recognized ability in	4669
the plumbing or pipefitting profession. No member of the board of	4670
building standards shall be a member of the board of building	4671
appeals. Each member shall be paid an amount fixed pursuant to	4672
Chapter 124. of the Revised Code per diem. The department shall	4673
provide and assign to the board such employees as are required by	4674
the board to perform its functions. The board may adopt its own	4675
rules of procedure not inconsistent with sections 3781.06 to	4676
3781.18 and 3791.04 of the Revised Code, and may change them in	4677
its discretion. The board may establish reasonable fees, based on	4678
actual costs for administration of filing and processing, not to	4679
exceed onetwo hundred dollars, for the costs of filing and	4680
processing appeals. A full and complete record of all proceedings	4681
of the board shall be kept and be open to public inspection.	4682

In the enforcement by any department of the state or any	4683
political subdivision of this chapter and Chapter 3791., and	4684
sections 3737.41, 3737.42, 4104.02, 4104.06, 4104.44, 4104.45,	4685
4105.011, and 4105.11 of the Revised Code and any rule made	4686
thereunder, such department is the agency referred to in sections	4687
119.07, 119.08, and 119.10 of the Revised Code.	4688

The appropriate municipal or county board of appeals, where	4689
one exists, certified pursuant to section 3781.20 of the Revised	4690
Code shall conduct the adjudication hearing referred to in	4691
sections 119.09 to 119.13 and required by section 3781.031 of the	4692
Revised Code. If there is no certified municipal or county board	4693
of appeals, the board of building appeals shall conduct the	4694
adjudication hearing. If the adjudication hearing concerns section	4695
3781.111 of the Revised Code or any rule made thereunder,	4696
reasonable notice of the time, date, place, and subject of the	4697
hearing shall be given to any local corporation, association, or	4698
other organization composed of or representing handicapped	4699
persons, as defined in section 3781.111 of the Revised Code, or if	4700
there is no local organization, then to any statewide corporation,	4701
association, or other organization composed of or representing	4702
handicapped persons.	4703

In addition to the provisions of Chapter 119. of the Revised	4704
Code, the municipal, county, or state board of building appeals,	4705
as the agency conducting the adjudication hearing, may reverse or	4706
modify the order of the enforcing agency if it finds that the	4707
order is contrary to this chapter and Chapters 3791. and 4104.,	4708
and sections 3737.41, 3737.42, 4105.011 and 4105.11 of the Revised	4709
Code and any rule made thereunder or to a fair interpretation or	4710
application of such laws or any rule made thereunder, or that a	4711
variance from the provisions of such laws or any rule made	4712
thereunder, in the specific case, will not be contrary to the	4713
public interest where a literal enforcement of such provisions	4714
will result in unnecessary hardship.	4715

The state board of building appeals or a certified municipal	4716
or county board of appeals shall render its decision within thirty	4717
days after the date of the adjudication hearing. Following the	4718
adjudication hearing, any municipal or county officer, official	4719
municipal or county board, or person who was a party to the	4720
hearing before the municipal or county board of appeals may apply	4721
to the state board of appeals for a de novo hearing before the	4722
state board, or may appeal directly to the court of common pleas	4723
pursuant to section 3781.031 of the Revised Code.	4724

In addition, any local corporation, association, or other	4725
organization composed of or representing handicapped persons as	4726
defined in section 3781.111 of the Revised Code, or, if no local	4727
corporation, association, or organization exists, then any	4728
statewide corporation, association, or other organization composed	4729
of or representing handicapped persons may apply for the de novo	4730
hearing or appeal to the court of common pleas from any decision	4731
of a certified municipal or county board of appeals interpreting,	4732
applying, or granting a variance from section 3781.111 of the	4733
Revised Code and any rule made thereunder. Application for a de	4734
novo hearing before the state board shall be made no later than	4735
thirty days after the municipal or county board renders its	4736
decision.	4737

The state board of building appeals or the appropriate	4738
certified local board of building appeals shall grant variances	4739
and exemptions from the requirements of section 3781.108 of the	4740
Revised Code in accordance with rules adopted by the board of	4741
building standards pursuant to division (J) of section 3781.10 of	4742
the Revised Code.	4743

The state board of building appeals or the appropriate	4744
certified local board of building appeals shall, in granting a	4745
variance or exemption from section 3781.108 of the Revised Code,	4746
in addition to any other considerations the state or the	4747
appropriate local board determines appropriate, consider the	4748
architectural and historical significance of the building.	4749

Sec. 4701.03.  (A) The accountancy board annually shall elect	4750
a president, secretary, and treasurer from its members. The board	4751
may adopt and amend rules for the orderly conduct of its affairs	4752
and for the administration of this chapter. The board may adopt	4753
and amend rules defining the practice of public accounting, rules	4754
of professional conduct appropriate to establish and maintain a	4755
high standard of integrity and dignity in registrants and	4756
certificate holders under this chapter, and rules regulating the	4757
sole proprietorship, partnership, limited liability company,	4758
professional association, corporation-for-profit, or other legal	4759
entity practice of public accounting. A majority of the board	4760
shall constitute a quorum for the transaction of business.	4761

(B) The board shall keep and hold open for public inspection	4762
all records of its proceedings.	4763

(C) The board may employ any clerks that are necessary to	4764
assist it in the performance of its duties and the keeping of its	4765
records. If the board employs an executive director, the executive	4766
director shall be paid in accordance with pay range 18 of salary	4767
schedule E-1 listed inof section 124.152 of the Revised Code, or,	4768
if the director was employed and being paid on June 28, 2003, in	4769
accordance with step 7 in pay range 18 of schedule E-1 of former	4770
section 124.152 of the Revised Code and continued to be so paid on	4771
June 29, 2003, the executive director shall be paid in accordance	4772
with pay range 18 of salary schedule E-1 for step seven only of	4773
section 124.152 of the Revised Code.	4774

Sec. 4707.05.  Except as otherwise provided in section	4775
4707.25 of the Revised Code, all fees and charges collected by the	4776
department of agriculture pursuant to this chapter shall be paid	4777
into the state treasury to the credit of the auctioneers fund,	4778
which is hereby created. All expenses incurred by the department	4779
in administering this chapter shall be paid out of the fund. The	4780
total expenses incurred by the department in the administration of	4781
this chapter shall not exceed the total fees, charges, fines, and	4782
penalties imposed under sections 4707.08, 4707.10, and 4707.99 of	4783
the Revised Code and paid to the treasurer of state. The	4784
department may conduct education programs for the enlightenment	4785
and benefit of all auctioneers who have paid fees pursuant to	4786
sections 4707.08 and 4707.10 of the Revised Code.	4787

Out of the moneys credited pursuant to this section, the fund	4788
shall be assessed a proportionate share of the administrative	4789
costs of the department in accordance with procedures prescribed	4790
by the director of agriculture and approved by the director of	4791
budget and management. The assessment shall be paid from the	4792
auctioneers fund to the division of administration fund.	4793

At the end of each fiscal year, if the balance of the fund is	4794
greater than three hundred thousand dollars, the director of	4795
agriculture shall request the director of budget and management	4796
to, and the director of budget and management shall, transfer	4797
twenty-five per cent of the balance that is in excess of three	4798
hundred thousand dollars to the auction recovery fund created in	4799
section 4707.25 of the Revised Code.	4800

Sec. 4758.20. (A) The chemical dependency professionals board	4801
shall adopt rules to establish, specify, or provide for all of the	4802
following:	4803

(1) Fees for the purposes authorized by section 4758.21 of	4804
the Revised Code;	4805

(2) For the purpose of section 4758.23 of the Revised Code,	4806
codes of ethical practice and professional conduct for individuals	4807
who hold a license or certificate issued under this chapter;	4808

(3) For the purpose of section 4758.24 of the Revised Code,	4809
all of the following:	4810

(a) Good moral character requirements for an individual who	4811
seeks or holds a license or certificate issued under this chapter;	4812

(b) The documents that an individual seeking such a license	4813
or certificate must submit to the board;	4814

(c) Requirements to obtain the license or certificate that	4815
are in addition to the requirements established under sections	4816
4758.40, 4758.41, 4758.42, 4758.43, 4758.44, and 4758.45 of the	4817
Revised Code. The additional requirements may include	4818
preceptorships.	4819

(4) Procedures for renewal of a chemical dependency counselor	4820
I license under section 4758.27 of the Revised Code;	4821

(5) For the purpose of section 4758.28 of the Revised Code,	4822
requirements for approval of continuing education courses of study	4823
for individuals who hold a license or certificate issued under	4824
this chapter;	4825

(6) For the purpose of section 4758.30 of the Revised Code,	4826
the intervention for and treatment of an individual holding a	4827
license or certificate issued under this chapter whose abilities	4828
to practice are impaired due to abuse of or dependency on alcohol	4829
or other drugs or other physical or mental condition;	4830

(7) Requirements governing reinstatement of a suspended or	4831
revoked license or certificate under division (B) of section	4832
4758.30 of the Revised Code, including requirements for	4833
determining the amount of time an individual must wait to apply	4834
for reinstatement;	4835

(8) For the purpose of section 4758.31 of the Revised Code,	4836
methods of ensuring that all records the board holds pertaining to	4837
an investigation remain confidential during the investigation;	4838

(9) Criteria for employees of the board to follow when	4839
performing their duties under division (B) of section 4758.35 of	4840
the Revised Code;	4841

(10) For the purpose of division (A)(1) of section 4758.40 of	4842
the Revised Code, course requirements for a master's degree in	4843
behavioral sciences that shall, at a minimum, include at least	4844
sixty quarter hours, or the equivalent number of semester hours,	4845
in all of the following courses:	4846

(a) Theories of counseling and psychotherapy;

4847

(b) Counseling procedures;

4848

(c) Group process and techniques;

4849

(d) Relationship therapy;

4850

(e) Research methods and statistics;

4851

(f) Fundamentals of assessment and diagnosis, including	4852
measurement and appraisal;	4853

(g) Psychopathology;

4854

(h) Human development;

4855

(i) Cultural competence in counseling;

4856

(j) Ethics.

4857

(11) For the purpose of division (A)(3) of section 4758.40,	4858
division (A)(3) of section 4758.41, and division (A)(3) of section	4859
4758.42, training requirements for chemical dependency that shall,	4860
at a minimum, include qualifications for the individuals who	4861
provide the training and instruction in all of the following	4862
courses:	4863

(a) Theories of addiction;

4864

(b) Counseling procedures and strategies with addicted	4865
populations;	4866

(c) Group process and techniques working with addicted	4867
populations;	4868

(d) Assessment and diagnosis of addiction;

4869

(e) Relationship counseling with addicted populations;

4870

(f) Pharmacology;

4871

(g) Prevention strategies;

4872

(h) Treatment planning;

4873

(i) Legal and ethical issues.

4874

(12) For the purpose of division (B)(2)(b) of section 4758.40	4875
and division (B)(2) of section 4758.41 of the Revised Code,	4876
requirements for the forty clock hours of training on the version	4877
of the diagnostic and statistical manual of mental disorders that	4878
is current at the time of the training, including the number of	4879
the clock hours that must be on substance-related disorders and	4880
the number of the clock hours that must be on awareness of other	4881
mental and emotional disorders;	4882

(13) For the purpose of division (A)(1) of section 4758.41 of	4883
the Revised Code, course requirements for a bachelor's degree in	4884
behavioral sciences;	4885

(14) For the purpose of division (A) of section 4758.43 of	4886
the Revised Code, training requirements for chemical dependency	4887
counseling that shall, at a minimum, include qualifications for	4888
the individuals who provide the training and instruction in one or	4889
more of the courses listed in division (A)(11) of this section as	4890
selected by the individual seeking the chemical dependency	4891
counselor assistant certificate;	4892

(15) For the purpose of division (A)(3) of section 4758.44,	4893
division (A)(3) of section 4758.45, and division (A)(2) of section	4894
4758.53 of the Revised Code, requirements for prevention-related	4895
education;	4896

(16) For the purpose of section 4758.51 of the Revised Code,	4897
continuing education requirements for individuals who hold a	4898
license or certificate issued under this chapter;	4899

(17) For the purpose of section 4758.51 of the Revised Code,	4900
the number of hours of continuing education that an individual	4901
must complete to have an expired license or certificate restored	4902
under section 4758.26 of the Revised Code;	4903

(18) For the purpose of section 4758.53 of the Revised Code,	4904
the requirements an individual holding a registered applicant	4905
certificate must complete to take an examination administered	4906
pursuant to section 4758.22 of the Revised Code to obtain a	4907
prevention specialist II certificate or prevention specialist I	4908
certificate and the documentation the individual must submit to	4909
the board showing that the individual has completed the	4910
requirements;	4911

(19) The method of determining the amount of time an	4912
individual must wait to apply to the board for a new registered	4913
applicant certificate under division (B) of section 4758.53 of the	4914
Revised Code;	4915

(20) The duties of an independent chemical dependency	4916
counselor licensed under this chapter who supervises a chemical	4917
dependency counselor III under section 4758.56,; independent	4918
chemical dependency counselor or chemical dependency counselor III	4919
licensed under this chapter who supervises a chemical dependency	4920
counselor assistant under section 4758.59,; or prevention	4921
specialist II or prevention specialist I certified under this	4922
chapter or independent chemical dependency counselor, chemical	4923
dependency counselor III, or chemical dependency counselor II	4924
licensed under this chapter who supervises a registered applicant	4925
under section 4758.61 of the Revised Code. The duties may differ.	4926

(21) Anything else necessary to administer this chapter.

4927

(B) All rules adopted under this section shall be adopted in	4928
accordance with Chapter 119. of the Revised Code and any	4929
applicable federal laws and regulations. Initial rules shall be	4930
adopted not later than nine months after the effective date of	4931
this sectionDecember 23, 2002.	4932

(C) When it adopts rules under this section, the board may	4933
consider standards established by any national association or	4934
other organization representing the interests of those involved in	4935
chemical dependency counseling or alcohol and other drug	4936
prevention services.	4937

Sec. 4758.40. An individual seeking an independent chemical	4938
dependency counselor license shall meet either of the following	4939
requirements:	4940

(A) Meet all of the following requirements:

4941

(1) Hold from an accredited educational institution at least	4942
a master's degree in behavioral sciences that meets the course	4943
requirements specified in rules adopted under section 4758.20 of	4944
the Revised Code;	4945

(2) Have not less than four thousand hours of compensated	4946
work experience in either of the following, not less than eight	4947
hundred hours of which are in chemical dependency counseling:	4948

(a) Chemical dependency services, substance abuse services,	4949
or both types of services;	4950

(b) The practice of psychology, as defined in section 4732.01	4951
of the Revised Code, or the practice of professional counseling or	4952
the practice of social work, both as defined in section 4757.01 of	4953
the Revised Code.	4954

(3) Have a minimum of two hundred seventy hours of training	4955
in chemical dependency that meets the requirements specified in	4956
rules adopted under section 4758.20 of the Revised Code;	4957

(4) Pass one or more examinations administered pursuant to	4958
section 4758.22 of the Revised Code for the purpose of determining	4959
competence to practice as an independent chemical dependency	4960
counselor.	4961

(B) Meet both of the following requirements:

4962

(1) Hold, on the effective date of this sectionDecember 23,	4963
2002, a certificate or credentials that were accepted under	4964
section 3793.07 of the Revised Code as authority to practice as a	4965
certified chemical dependency counselor III or certified chemical	4966
dependency counselor III-E;	4967

(2) Meet one of the following requirements:

4968

(a) Hold the degree described in division (A)(1) of this	4969
section;	4970

(b) Have held a chemical dependency counselor III, II, or I	4971
certificate for at least eight consecutive years and have not less	4972
than forty clock hours of training on the version of the	4973
diagnostic and statistical manual of mental disorders that is	4974
current at the time of the training. The training must meet the	4975
requirements specified in rules adopted under section 4758.20 of	4976
the Revised Code and have been provided by an individual	4977
authorized under Chapter 4731. of the Revised Code to practice	4978
medicine and surgery or osteopathic medicine and surgery, a	4979
psychologist licensed under Chapter 4732. of the Revised Code, or	4980
a professional clinical counselor or independent social worker	4981
licensed under Chapter 4757. of the Revised Code, or an	4982
independent chemical dependency counselor licensed under this	4983
chapter.	4984

Sec. 4758.41. An individual seeking a chemical dependency	4985
counselor III license shall meet any of the following	4986
requirements:	4987

(A) Meet all of the following requirements:

4988

(1) Hold from an accredited educational institution a	4989
bachelor's degree in a behavioral science that meets the course	4990
requirements specified in rules adopted under section 4758.20 of	4991
the Revised Code;	4992

(2) Have not less than four thousand hours of compensated	4993
work experience in either of the following, not less than eight	4994
hundred work hours of which are in chemical dependency counseling:	4995

(a) Chemical dependency services, substance abuse services,	4996
or both types of services;	4997

(b) The practice of psychology, as defined in section 4732.01	4998
of the Revised Code, or the practice of professional counseling or	4999
the practice of social work, both as defined in section 4757.01 of	5000
the Revised Code.	5001

(3) Have a minimum of two hundred seventy hours of training	5002
in chemical dependency that meets the requirements specified in	5003
rules adopted under section 4758.20 of the Revised Code;	5004

(4) Pass one or more examinations administered pursuant to	5005
section 4758.22 of the Revised Code for the purpose of determining	5006
competence to practice as a chemical dependency counselor III.	5007

(B) Meet both of the following requirements:

5008

(1) Hold, on the effective date of this sectionDecember 23,	5009
2002, a certificate or credentials that were accepted under	5010
section 3793.07 of the Revised Code as authority to practice as a	5011
certified chemical dependency counselor III or certified chemical	5012
dependency counselor III-E;	5013

(2) Have not less than forty clock hours of training on the	5014
version of the diagnostic and statistical manual of mental	5015
disorders that is current at the time of the training. The	5016
training must meet the requirements specified in rules adopted	5017
under section 4758.20 of the Revised Code and have been provided	5018
by an individual authorized under Chapter 4731. of the Revised	5019
Code to practice medicine and surgery or osteopathic medicine and	5020
surgery, a psychologist licensed under Chapter 4732. of the	5021
Revised Code, or a professional clinical counselor or independent	5022
social worker licensed under Chapter 4757. of the Revised Code, or	5023
an independent chemical dependency counselor licensed under this	5024
chapter.	5025

(C) Meet all of the following requirements:

5026

(1) Hold, on the effective date of this sectionDecember 23,	5027
2002, a certificate or credentials that were accepted under	5028
section 3793.07 of the Revised Code as authority to practice as a	5029
certified chemical dependency counselor II;	5030

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

5031

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

5032

Sec. 4758.42. An individual seeking a chemical dependency	5033
counselor II license shall meet either of the following	5034
requirements:	5035

(A) Meet all of the following requirements:

5036

(1) Hold from an accredited educational institution an	5037
associate's degree in a behavioral science or a bachelor's degree	5038
in any field;	5039

(2)(a) If the individual holds an associate's degree, have	5040
not less than five thousand hours of compensated or volunteer	5041
work, field placement, intern, or practicum experience in either	5042
of the following, not less than one thousand hours of which are in	5043
chemical dependency counseling:	5044

(i) Chemical dependency services, substance abuse services,	5045
or both types of services;	5046

(ii) The practice of psychology, as defined in section	5047
4732.01 of the Revised Code, or the practice of professional	5048
counseling or the practice of social work, both as defined in	5049
section 4757.01 of the Revised Code.	5050

(b) If the individual holds a bachelor's degree, have not	5051
less than six thousand hours of compensated or volunteer work,	5052
field placement, intern, or practicum experience in either of the	5053
following, not less than one thousand two hundred hours of which	5054
are in chemical dependency counseling:	5055

(i) Chemical dependency services, substance abuse services,	5056
or both types of services;	5057

(ii) The practice of psychology, as defined in section	5058
4732.01 of the Revised Code, or the practice of professional	5059
counseling or the practice of social work, both as defined in	5060
section 4757.01 of the Revised Code.	5061

(3) Have a minimum of two hundred seventy hours of training	5062
in chemical dependency that meets the requirements specified in	5063
rules adopted under section 4758.20 of the Revised Code;	5064

(4) Pass one or more examinations administered pursuant to	5065
section 4758.22 of the Revised Code for the purpose of determining	5066
competence to practice as a chemical dependency counselor II.	5067

(B) Meet both of the following requirements:

5068

(1) HoldUnless the individual files a written application	5069
for the chemical dependency counselor II license under section	5070
4758.35 of the Revised Code before the date that is one year after	5071
the effective date of this amendment, hold a degree described in	5072
division (A)(1) of this section;	5073

(2) Hold, on the effective date of this sectionDecember 23,	5074
2002, a certificate or credentials that were accepted under	5075
section 3793.07 of the Revised Code as authority to practice as a	5076
certified chemical dependency counselor II.	5077

Sec. 4758.55. AnIn addition to practicing chemical	5078
dependency counseling, an individual holding a valid independent	5079
chemical dependency counselor license may do all of the following:	5080

(A) Diagnose and treat chemical dependency conditions;

5081

(B) Perform treatment planning, assessment, crisis	5082
intervention, individual and group counseling, case management,	5083
and education services as they relate to abuse of and dependency	5084
on alcohol and other drugs;	5085

(C) Refer individuals with nonchemical dependency conditions	5086
to appropriate sources of help.	5087

Sec. 4758.56. (A) AnIn addition to practicing chemical	5088
dependency counseling, an individual holding a valid chemical	5089
dependency counselor III license may do all of the following:	5090

(1) Diagnose chemical dependency conditions under the	5091
supervision of any of the following:	5092

(a) An independent chemical dependency counselor licensed	5093
under this chapter;	5094

(b) An individual authorized under Chapter 4731. of the	5095
Revised Code to practice medicine and surgery or osteopathic	5096
medicine and surgery;	5097

(c) A psychologist licensed under Chapter 4732. of the	5098
Revised Code;	5099

(d) A registered nurse licensed under Chapter 4723. of the	5100
Revised Code or professional clinical counselor or independent	5101
social worker licensed under Chapter 4757. of the Revised Code if	5102
such supervision is consistent with the scope of practice of the	5103
registered nurse, professional clinical counselor, or independent	5104
social worker.	5105

(2) Treat chemical dependency conditions;

5106

(3) Perform treatment planning, assessment, crisis	5107
intervention, individual and group counseling, case management,	5108
and education services as they relate to abuse of and dependency	5109
on alcohol and other drugs;	5110

(4) Refer individuals with nonchemical dependency conditions	5111
to appropriate sources of help.	5112

(B) A chemical dependency counselor III may not practice as	5113
an individual practitioner.	5114

Sec. 4758.57. (A) AnIn addition to practicing chemical	5115
dependency counseling, an individual holding a valid chemical	5116
dependency counselor II license may do both of the following:	5117

(1) Perform treatment planning, assessment, crisis	5118
intervention, individual and group counseling, case management,	5119
and education services as they relate to abuse of and dependency	5120
on alcohol and other drugs;	5121

(2) Refer individuals with nonchemical dependency conditions	5122
to appropriate sources of help.	5123

(B) A chemical dependency counselor II may not practice as an	5124
individual practitioner.	5125

Sec. 4758.58. (A) Until six years after the effective date of	5126
this sectionDecember 23, 2002, an individual holding a valid	5127
chemical dependency counselor I certificate may do both of the	5128
following in addition to practicing chemical dependency	5129
counseling:	5130

(1) Perform treatment planning, assessment, crisis	5131
intervention, individual and group counseling, case management,	5132
and education services as they relate to abuse of and dependency	5133
on alcohol and other drugs;	5134

(2) Refer individuals with nonchemical dependency conditions	5135
to appropriate sources of help.	5136

(B) A chemical dependency counselor I may not practice as an	5137
individual practitioner.	5138

Sec. 4758.59. (A) Subject to division (B) of this section, an	5139
individual holding a valid chemical dependency counselor assistant	5140
certificate may do both of the following in addition to practicing	5141
chemical dependency counseling:	5142

(1) Perform treatment planning, assessment, crisis	5143
intervention, individual and group counseling, case management,	5144
and education services as they relate to abuse of or dependency on	5145
alcohol and other drugs;	5146

(2) Refer individuals with nonchemical dependency conditions	5147
to appropriate sources of help.	5148

(B) An individual holding a valid chemical dependency	5149
counselor assistant certificate may practice chemical dependency	5150
counseling and perform the tasks specified in division (A) of this	5151
section only while under the supervision of any of the following:	5152

(1) An independent chemical dependency counselor or chemical	5153
dependency counselor III licensed under this chapter;	5154

(2) An individual authorized under Chapter 4731. of the	5155
Revised Code to practice medicine and surgery or osteopathic	5156
medicine and surgery;	5157

(3) A psychologist licensed under Chapter 4732. of the	5158
Revised Code;	5159

(4) A registered nurse licensed under Chapter 4723. of the	5160
Revised Code or professional clinical counselor or independent	5161
social worker licensed under Chapter 4757. of the Revised Code if	5162
such supervision is consistent with the scope of practice of the	5163
registered nurse, professional clinical counselor, or independent	5164
social worker.	5165

(C) A chemical dependency counselor assistant may not	5166
practice as an individual practitioner.	5167

Sec. 4758.61. An individual who holds a valid registered	5168
applicant certificate issued under this chapter may engage in the	5169
practice of alcohol and other drug prevention services under the	5170
supervision of an individual holding a valid prevention specialist	5171
II certificate or, prevention specialist I certificate,	5172
independent chemical dependency counselor license, chemical	5173
dependency counselor III license, or chemical dependency counselor	5174
II license issued under this chapter.	5175

Sec. 5101.27.  (A) Except as permitted by this section,	5176
section 5101.28 or 5101.29 of the Revised Code, or the rules	5177
adopted under division (A) of section 5101.30 of the Revised Code,	5178
or required by federal law, no person or government entity shall	5179
solicit, disclose, receive, use, or knowingly permit, or	5180
participate in the use of any information regarding a public	5181
assistance recipient for any purpose not directly connected with	5182
the administration of a public assistance program.	5183

(B) To the extent permitted by federal law, the department of	5184
job and family services and county agencies shall do bothall of	5185
the following:	5186

(1) Release information regarding a public assistance	5187
recipient for purposes directly connected to the administration of	5188
the program to a government entity responsible for administering	5189
that public assistance program;	5190

(2) Provide information regarding a public assistance	5191
recipient to a law enforcement agency for the purpose of any	5192
investigation, prosecution, or criminal or civil proceeding	5193
relating to the administration of that public assistance program;	5194

(3) Provide, for purposes directly connected to the	5195
administration of a program that assists needy individuals with	5196
the costs of public utility services, information regarding a	5197
recipient of financial assistance provided under a program	5198
administered by the department or a county agency pursuant to	5199
Chapter 5107. or 5108. of the Revised Code or sections 5115.01 to	5200
5115.07 of the Revised Code to an entity administering the public	5201
utility services program.	5202

(C) To the extent permitted by federal law and section	5203
1347.08 of the Revised Code, the department and county agencies	5204
shall provide access to information regarding a public assistance	5205
recipient to all of the following:	5206

(1) The recipient;

5207

(2) The authorized representative;

5208

(3) The legal guardian of the recipient;

5209

(4) The attorney of the recipient, if the attorney has	5210
written authorization that complies with section 5101.271 of the	5211
Revised Code from the recipient.	5212

(D) To the extent permitted by federal law and subject to	5213
division (E) of this section, the department and county agencies	5214
may do both of the following:	5215

(1) Release information about a public assistance recipient	5216
if the recipient gives voluntary, written authorization that	5217
complies with section 5101.271 of the Revised Code;	5218

(2) Release information regarding a public assistance	5219
recipient to a state, federal, or federally assisted program that	5220
provides cash or in-kind assistance or services directly to	5221
individuals based on need or for the purpose of protecting	5222
children to a government entity responsible for administering a	5223
children's protective services program.	5224

(E) Except when the release is required by division (B), (C),	5225
or (D)(2) of this section, the department or county agency shall	5226
release the information only in accordance with the authorization.	5227
The department or county agency shall provide, at no cost, a copy	5228
of each written authorization to the individual who signed it.	5229

(F) The department or county agency may release information	5230
under division (D) of this section concerning the receipt of	5231
medical assistance provided under a public assistance program only	5232
if all of the following conditions are met:	5233

(1) The release of information is for purposes directly	5234
connected to the administration of or provision of medical	5235
assistance provided under a public assistance program;	5236

(2) The information is released to persons or government	5237
entities that are subject to standards of confidentiality and	5238
safeguarding information substantially comparable to those	5239
established for medical assistance provided under a public	5240
assistance program;	5241

(3) The department or county agency has obtained an	5242
authorization consistent with section 5101.271 of the Revised	5243
Code.	5244

(G) Information concerning the receipt of medical assistance	5245
provided under a public assistance program may be released only if	5246
the release complies with this section and rules adopted by the	5247
department pursuant to section 5101.30 of the Revised Code or, if	5248
more restrictive, the Health Insurance Portability and	5249
Accountability Act of 1996, Pub. L. No. 104-191, 110 Stat. 1955,	5250
42 U.S.C. 1320d, et seq., as amended, and regulations adopted by	5251
the United States department of health and human services to	5252
implement the act.	5253

(H) The department of job and family services may adopt rules	5254
defining "authorized representative" for purposes of division	5255
(C)(2) of this section.	5256

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

5257

(1) "Community mental health facility" means a community	5258
mental health facility that has a quality assurance program	5259
accredited by the joint commission on accreditation of healthcare	5260
organizations or is certified by the department of mental health	5261
or department of job and family services.	5262

(2) "Mental health professional" means a person qualified to	5263
work with mentally ill persons under the standards established by	5264
the director of mental health pursuant to section 5119.611 of the	5265
Revised Code.	5266

(B) The state medicaid plan shall include provision of the	5267
following mental health services when provided by community mental	5268
health facilities:	5269

(1) Outpatient mental health services, including, but not	5270
limited to, preventive, diagnostic, therapeutic, rehabilitative,	5271
and palliative interventions rendered to individuals in an	5272
individual or group setting by a mental health professional in	5273
accordance with a plan of treatment appropriately established,	5274
monitored, and reviewed;	5275

(2) Partial-hospitalization mental health services of three	5276
to fourteen hours per service day, rendered by persons directly	5277
supervised by a mental health professional;	5278

(3) Unscheduled, emergency mental health services of a kind	5279
ordinarily provided to persons in crisis when rendered by persons	5280
supervised by a mental health professional;	5281

(4) Subject to receipt of federal approval, assertive	5282
community treatment and intensive home-based mental health	5283
services.	5284

(C) The comprehensive annual plan shall certify the	5285
availability of sufficient unencumbered community mental health	5286
state subsidy and local funds to match federal medicaid	5287
reimbursement funds earned by community mental health facilities.	5288

(D) The department of job and family services shall enter	5289
into a separate contract with the department of mental health	5290
under section 5111.91 of the Revised Code with regard to the	5291
component of the medicaid program provided for by this section.	5292

(E) Not later than May 1July 21, 2004, the department of job	5293
and family services shall request federal approval to provide	5294
assertive community treatment and intensive home-based mental	5295
health services under medicaid pursuant to this section.	5296

(F) On receipt of federal approval sought under division (E)	5297
of this section, the director of job and family services shall	5298
adopt rules in accordance with Chapter 119. of the Revised Code	5299
establishing statewide access and acuity standards for partial	5300
hospitalization mental health services andfor assertive community	5301
treatment and intensive home-based mental health services provided	5302
under medicaid pursuant to this section. The director shall	5303
consult with the department of mental health in adopting the	5304
rules.	5305

Sec. 5119.18.  There is hereby created in the state treasury	5306
the department of mental health trust fund. Not later than the	5307
first day of September of each year, the director of mental health	5308
shall certify to the director of budget and management the amount	5309
of all of the unexpended, unencumbered balances of general revenue	5310
fund appropriations made to the department of mental health for	5311
the previous fiscal year, excluding funds appropriated for rental	5312
payments to the Ohio public facilities commission. On receipt of	5313
the certification, the director of budget and management shall	5314
transfer cash to the trust fund in an amount up to, but not	5315
exceeding, the total of the amounts certified by the director of	5316
mental health.	5317

In addition, the trust fund shall receive all amounts,	5318
subject to any provisions in bond documents, received from the	5319
sale or lease of lands and facilities by the department.	5320

All moneys in the trust fund shall be used by the department	5321
of mental health for mental health purposes specified in division	5322
(A) of section 5119.06 of the Revised Code. The use of moneys in	5323
the trust fund pursuant to this section does not represent an	5324
ongoing commitment to the continuation of the trust fund or to the	5325
use of moneys in the trust fund.	5326

Sec. 5123.352.  There is hereby created in the state treasury	5327
the community mental retardation and developmental disabilities	5328
trust fund. The director of mental retardation and developmental	5329
disabilities, not later than sixty days after the end of each	5330
fiscal year, shall certify to the director of budget and	5331
management the amount of all the unexpended, unencumbered balances	5332
of general revenue fund appropriations made to the department of	5333
mental retardation and developmental disabilities for the fiscal	5334
year, excluding appropriations for rental payments to the Ohio	5335
public facilities commission, and the amount of any other funds	5336
held by the department in excess of amounts necessary to meet the	5337
department's operating costs and obligations pursuant to this	5338
chapter and Chapter 5126. of the Revised Code. On receipt of the	5339
certification, the director of budget and management shall	5340
transfer cash to the trust fund in an amount up to, but not	5341
exceeding, the total of the amounts certified by the director of	5342
mental retardation and developmental disabilities, except in cases	5343
in which the transfer will involve more than twenty million	5344
dollars. In such cases, the director of budget and management	5345
shall notify the controlling board and must receive the board's	5346
approval of the transfer prior to making the transfer.	5347

Except for expenses paid under division (C) of section	5348
5123.353 of the Revised Code, all moneys in the trust fund shall	5349
be distributed in accordance with section 5126.19 of the Revised	5350
Code.	5351

Sec. 5731.47.  The fees of the sheriff or other officers for	5352
services performed under Chapter 5731. of the Revised Codethis	5353
chapter and the expenses of the county auditor shall be certified	5354
by the county auditor by a report filed with the tax commissioner.	5355
If the tax commissioner finds that suchthose fees and expenses	5356
are correct and reasonable in amount, the tax commissioner shall	5357
indicate approval of the fees and expenses in writing to the	5358
county auditor. The county auditor shall pay suchthose fees and	5359
expenses out of the state's share of the undivided inheritance	5360
taxes in the county treasury andundivided estate tax fund. The	5361
county auditor then shall deduct, from the amount required to be	5362
credited to each of the funds or boards of education listed or	5363
referred to in division (A) of section 5731.48 of the Revised	5364
Code, a pro rata share of the amount so paid. The pro rata share	5365
shall be computed on the basis of the proportions of the gross	5366
taxes levied and paid under this chapter that are required to be	5367
credited to the funds or boards of education listed or referred to	5368
under that section. The county auditor shall draw warrants payable	5369
from suchthose taxes on the county treasurer in favor of the fee	5370
funds or officers personally entitled theretoto the fees and	5371
expenses. If the fees and expenses approved by the tax	5372
commissioner exceed the amount of the state's share of undivided	5373
inheritance taxes in the county treasury, the county auditor shall	5374
certify the amount of the excess to the tax commissioner, who	5375
shall certify the amount to the director of budget and management.	5376
The director shall provide for payment of the excess from the	5377
general revenue fund to the county treasury, and the county	5378
auditor shall draw warrants on the county treasurer in favor of	5379
the appropriate fee funds or officers.	5380

Sec. 5731.48.  (A) If a decedent dies on or after July 1,	5381
1989, and before January 1, 2001, sixty-four per cent of the gross	5382
amount of taxes levied and paid under this chapter shall be for	5383
the use of the municipal corporation or township in which the tax	5384
originates, and shall be credited as provided in division (A)(1),	5385
(2), or (3) of this section:	5386

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

5387

(2) To the general revenue fund of a village or to the board	5388
of education of a village, for school purposes, as the village	5389
council by resolution may approve;	5390

(3) To the general revenue fund or to the board of education	5391
of the school district of which the township is a part, for school	5392
purposes, as the board of township trustees by resolution may	5393
approve, in the case of a township.	5394

The remainder of the taxes levied and paid shall be for the	5395
use of the state and shall be credited to the general revenue fund	5396
after any deduction for fees and costs charged under section	5397
5731.47 of the Revised Code.	5398

(B) If a decedent dies on or after January 1, 2001, and	5399
before January 1, 2002, seventy per cent of the gross amount of	5400
taxes levied and paid under this chapter shall be for the use of	5401
the municipal corporation or township in which the tax originates	5402
and credited as provided in division (A)(1), (2), or (3) of this	5403
section, and the remainder shall be for the use of the state and	5404
credited to the general revenue fund after any deduction for fees	5405
and costs charged under section 5731.47 of the Revised Code.	5406

(C) If a decedent dies on or after January 1, 2002, eighty	5407
per cent of the gross amount of taxes levied and paid under this	5408
chapter, less any deduction from the municipal corporation's or	5409
township's share of those taxes for fees or expenses charged under	5410
section 5731.47 of the Revised Code, shall be for the use of the	5411
municipal corporation or township in which the tax originates and	5412
credited as provided in division (A)(1), (2), or (3) of this	5413
section, and the remainder, less any deduction from the state's	5414
share of those taxes for fees or expenses charged under section	5415
5731.47 of the Revised Code, shall be for the use of the state and	5416
shall be credited to the general revenue fund after any deduction	5417
for fees and costs charged under section 5731.47 of the Revised	5418
Code.	5419

(D) If a municipal corporation is in default with respect to	5420
the principal or interest of any outstanding notes or bonds, one	5421
half of the taxes distributed under this section shall be credited	5422
to the sinking or bond retirement fund of the municipal	5423
corporation, and the residue shall be credited to the general	5424
revenue fund.	5425

(E) The council, board of trustees, or other legislative	5426
authority of a village or township may, by ordinance in the case	5427
of a village, or by resolution in the case of a township, provide	5428
that whenever there is money in the treasury of the village or	5429
township from taxes levied under this chapter, not required for	5430
immediate use, that money may be invested in federal, state,	5431
county, or municipal bonds, upon which there has been no default	5432
of the principal during the preceding five years.	5433

Sec. 6301.03.  (A) In administering the "Workforce Investment	5434
Act of 1998," 112 Stat. 936, 29 U.S.C.A. 2801, as amended, the	5435
"Wagner-Peyser Act," 48 Stat. 113 (1933), 29 U.S.C.A. 49, as	5436
amended, the funds received pursuant to those acts, and the	5437
workforce development system, the director of job and family	5438
services may make allocations and payment of funds for the local	5439
administration of the workforce development activities established	5440
under this chapter. Pursuant to the "Workforce Investment Act of	5441
1998," 112 Stat. 936, 29 U.S.C.A. 2801, as amended, the governor	5442
shall reserve not more than fifteen per cent of the amounts	5443
allocated to the state under Title I of that act for adults,	5444
dislocated workers, and youth for statewide activities, and not	5445
more than twenty-five per cent of funds allocated for dislocated	5446
workers under Title I of that act for statewide rapid response	5447
activities.	5448

(B) The director shall allocate to local areas all funds	5449
required to be allocated to local areas pursuant to the "Workforce	5450
Investment Act of 1998," 112 Stat. 936, 29 U.S.C.A. 2801, as	5451
amended. The director shall make allocations only with funds	5452
available and in accordance with all of the following:	5453

(1) If a board of county commissioners administering	5454
workforce development activities at the local level designates the	5455
county department of job and family services as its workforce	5456
development agency, the director shall allocate the funds to that	5457
county department. That county department shall deposit all funds	5458
received pursuant to this section into the county public	5459
assistance fund.	5460

(2) If a board of county commissioners administering	5461
workforce development activities at the local level designates as	5462
its workforce development agency an entity for which the board	5463
maintains responsibility or control, but which is not the county	5464
department of job and family services, the board. Local areas, as	5465
defined by either section 101 of the "Workforce Investment Act of	5466
1998," 112 Stat. 936, 29 U.S.C.A. 2801, as amended, or section	5467
6301.01 of the Revised Code, and subrecipients of a local area	5468
shall establish a county workforce development fund, and the	5469
entity receiving the funds shall deposit all funds received under	5470
this section into the county workforce development fund. All	5471
expenditures for activities funded under this section shall be	5472
made from the county workforce development fund.	5473

(3) If a board of county commissioners administering	5474
workforce development activities at the local level designates as	5475
its workforce development agency an entity other than one	5476
described in divisions (B)(1) and (2) of this section, the board	5477
shall designate a fiscal agent to receive and be responsible for	5478
the funds. Any entity designated by the board as the fiscal agent	5479
shall be an agency supervised by the director or the county	5480
auditor.	5481

(4) If a municipal corporation administering workforce	5482
development activities at the local level is designated to receive	5483
funds under this section, the municipal corporation shall place	5484
all funds received under this section into a special fund and all	5485
expenditures for workforce development activities shall be made	5486
from that fund. The municipal corporation may use the funds in	5487
that fund only for the workforce development activities for which	5488
the funds are appropriated.	5489

(C) The use of funds, reporting requirements, and other	5490
administrative and operational requirements governing the use of	5491
funds received by the director pursuant to this section shall be	5492
governed by internal management rules adopted by the director	5493
pursuant to section 111.15 of the Revised Code.	5494

(D) To the extent permitted by state or federal law, the	5495
director, local areas, counties, and municipal corporations	5496
authorized to administer workforce development activities may	5497
assess a fee for specialized services requested by an employer.	5498
The director shall adopt rules pursuant to Chapter 119. of the	5499
Revised Code governing the nature and amount of those types of	5500
fees.	5501

Section 2. That existing sections 9.24, 102.02, 123.01,	5502
123.10, 124.15, 124.152, 124.181, 124.183, 124.382, 126.32,	5503
152.09, 175.21, 3311.059, 3327.01, 3334.01, 3383.09, 3701.881,	5504
3712.09, 3734.02, 3734.18, 3734.57, 3769.021, 3769.087, 3781.19,	5505
4701.03, 4707.05, 4758.20, 4758.40, 4758.41, 4758.42, 4758.55,	5506
4758.56, 4758.57, 4758.58, 4758.59, 4758.61, 5101.27, 5111.022,	5507
5119.18, 5123.352, 5731.47, 5731.48, and 6301.03 and sections	5508
Sec. 152.101.  and        Sec. 901.85.  of the Revised Code are hereby repealed.	5509

Section 3.  All items set forth in Sections 3.01 to 3.04 of	5510
this act are hereby appropriated out of any moneys in the General	5511
Revenue Fund (GRF) that are not otherwise appropriated:	5512

Reappropriations

Section 3.01.  DAS DEPARTMENT OF ADMINISTRATIVE SERVICES

5513

RURAL AREAS COMMUNITY IMPROVEMENTS

5519

From the foregoing appropriation item CAP-786, Rural Areas	5520
Community Improvements, grants shall be made for the following	5521
projects: $20,000 for the Smith Field Memorial Foundation;	5522
$200,000 for the Champaign YMCA; $75,000 for the Bellepoint Bridge	5523
Reconstruction; $100,000 for the Mentor Fire & Police Headquarters	5524
Relocation; $20,000 for the Red Mill Creek Water Retention Basin;	5525
and $25,000 for the Lawrence County Water Projects.	5526

URBAN AREAS COMMUNITY IMPROVEMENTS

5527

From the foregoing appropriation item CAP-817, Urban Areas	5528
Community Improvements, grants shall be made for the following	5529
projects: $100,000 for the Maumee Youth Center; $25,000 for the	5530
Columbus Civic Arena Development Planning; $50,000 for the Brown	5531
Senior Center Renovations; $100,000 for Project AHEAD Facility	5532
Improvements; $75,000 for the J. Frank-Troy Senior Citizens	5533
Center; $15,000 for the Victorian Village Society; $50,000 for the	5534
Beech Acres Family Center; $23,900 for the Canton Jewish Women's	5535
Center; $450,000 for the Gateway Social Services Building; $50,000	5536
for the Loew Field Improvements; $20,000 for the Harvard Community	5537
Services Center Renovation & Expansion; $20,000 for the Collinwood	5538
Community Service Center Repair & Renovation; and $80,000 for	5539
Bowman Park - City of Toledo.	5540

Reappropriations

Section 3.02.  AFC ARTS AND SPORTS FACILITIES COMMISSION

5541

COOPER STADIUM RELOCATION FEASIBILITY STUDY

5544

Notwithstanding division (F) of section 3383.07 of the	5545
Revised Code, all or a portion of the foregoing appropriation item	5546
CAP-819, Cooper Stadium Relocation Feasibility Study, may be	5547
expended for the cost of preparing a financial and development	5548
plan or feasibility study, renovation, and purchasing engineering	5549
and architectural services, designs, plans, specifications,	5550
surveys, and estimates of costs for Cooper Stadium. Any amount	5551
expended for that purpose from the appropriation shall count	5552
toward the maximum 15 per cent of the construction cost of the	5553
sports facility to be paid from state funds.	5554

Reappropriations

Section 3.03.  OHS OHIO HISTORICAL SOCIETY

5555

Reappropriations

Section 3.04.  DNR DEPARTMENT OF NATURAL RESOURCES

5559

Section 3.05.  No expenditures shall be made from any of the	5576
items appropriated from the General Revenue Fund in Sections 3.01	5577
to 3.04 of this act until the funds are released by the	5578
Controlling Board.	5579

Section 4.  All items set forth in this section are hereby	5580
appropriated out of any moneys in the state treasury to the credit	5581
of the Wildlife Fund (Fund 015) that are not otherwise	5582
appropriated:	5583

Reappropriations

DNR DEPARTMENT OF NATURAL RESOURCES

5584

Section 5.  The items set forth in this section are hereby	5605
appropriated out of any moneys in the state treasury to the credit	5606
of the Public School Building Fund (Fund 021) that are not	5607
otherwise appropriated:	5608

Reappropriations

SFC SCHOOL FACILITIES COMMISSION

5609

PUBLIC SCHOOL BUILDINGS

5615

The amount reappropriated for the foregoing appropriation	5616
item CAP-622, Public School Buildings, is $349,622 plus the sum of	5617
the unencumbered and unallotted balances as of June 30, 2004, for	5618
appropriation item CAP-622, Public School Buildings.	5619

Section 6. The items set forth in this section are hereby	5620
appropriated out of any moneys in the state treasury to the credit	5621
of the Highway Safety Fund (Fund 036) that are not otherwise	5622
appropriated:	5623

Reappropriations

DHS DEPARTMENT OF PUBLIC SAFETY

5624

Section 7.  All items set forth in this section are hereby	5635
appropriated out of any moneys in the state treasury to the credit	5636
of the Waterways Safety Fund (Fund 086) that are not otherwise	5637
appropriated:	5638

Reappropriations

DNR DEPARTMENT OF NATURAL RESOURCES

5639

Section 8.  All items set forth in this section are hereby	5652
appropriated out of any moneys in the state treasury to the credit	5653
of the Underground Parking Garage Operating Fund (Fund 208) that	5654
are not otherwise appropriated:	5655

Reappropriations

CSR CAPITOL SQUARE REVIEW AND ADVISORY BOARD

5656

UNDERGROUND PARKING GARAGE FIRE SUPPRESSION SYSTEM

5664

Appropriation item CAP-009, Garage Fire Suppression System,	5665
in the Underground Parking Garage Operating Fund (Fund 208), shall	5666
be used for completion of the second and final phase of a fire	5667
suppression system in the Statehouse garage. Notwithstanding any	5668
section of the Revised Code, any transfer or disbursement of	5669
moneys from appropriation items CAP-009, Garage Fire Suppression,	5670
and CAP-011, Statehouse Security Improvements, for this purpose	5671
shall be subject to Controlling Board approval.	5672

Section 9.  All items set forth in this section are hereby	5673
appropriated out of any moneys in the state treasury to the credit	5674
of the Army National Guard Service Contract Fund (Fund 342) that	5675
are not otherwise appropriated:	5676

Reappropriations

ADJ ADJUTANT GENERAL

5677

Section 10. All items set forth in this section are hereby	5682
appropriated out of any moneys in the state treasury to the credit	5683
of the Special Administrative Fund (Fund 4A9) that are not	5684
otherwise appropriated:	5685

Reappropriations

JFS DEPARTMENT OF JOB AND FAMILY SERVICES

5686

CENTRAL OFFICE BUILDING RENOVATIONS SPENDING AND REPAYMENT	5690
PLAN	5691

Funds appropriated in the foregoing appropriation item	5692
CAP-702, Central Office Building Renovations, are to be released	5693
for expenditure only after approval of the Unemployment	5694
Compensation Advisory Council created under section 4141.08 of the	5695
Revised Code. The amount to be released shall be based on a	5696
spending plan, which may include a repayment schedule, approved by	5697
the Council. Once approval is received, the Director of Job and	5698
Family Services shall request the Director of Budget and	5699
Management or the Controlling Board to release the appropriation.	5700

Section 11.  All items set forth in this section are hereby	5701
appropriated out of any moneys in the state treasury to the credit	5702
of the Capital Donations Fund (Fund 5A1) that are not otherwise	5703
appropriated:	5704

Reappropriations

AFC ARTS AND SPORTS FACILITIES COMMISSION

5705

CAPITAL DONATIONS FUND CERTIFICATIONS AND APPROPRIATIONS

5709

The Executive Director of the Arts and Sports Facilities	5710
Commission shall certify to the Director of Budget and Management	5711
the amount of cash receipts and related investment income,	5712
irrevocable letters of credit from a bank, or certification of the	5713
availability of funds that have been received from a county or a	5714
city for deposit to the Capital Donations Fund and are related to	5715
an anticipated project. These amounts are hereby appropriated to	5716
appropriation item CAP-702, Capital Donations. Prior to certifying	5717
these amounts to the Director, the Executive Director shall make a	5718
written agreement with the participating entity on the necessary	5719
cash flows required for the anticipated construction or equipment	5720
acquisition project.	5721

Section 12. The items set forth in this section are hereby	5722
appropriated out of any moneys in the state treasury to the credit	5723
of the Community Match Armories Fund (Fund 5U8) that are not	5724
otherwise appropriated:	5725

ADJUTANT GENERAL

5726

Section 13. The items set forth in this section are hereby	5731
appropriated out of any moneys in the state treasury to the credit	5732
of the State Fire Marshal Fund (Fund 546) that are not otherwise	5733
appropriated:	5734

DEPARTMENT OF COMMERCE

5735

Section 14.  The items set forth in this section are hereby	5741
appropriated out of any moneys in the state treasury to the credit	5742
of the Veterans' Home Improvement Fund (Fund 604) that are not	5743
otherwise appropriated:	5744

Reappropriations

OVH OHIO VETERANS' HOME

5745

Section 15. All items set forth in this section are hereby	5758
appropriated out of any moneys in the state treasury to the credit	5759
of the Education Facilities Trust Fund (Fund N87) that are not	5760
otherwise appropriated:	5761

Reappropriations

SFC SCHOOL FACILITIES COMMISSION

5762

CLASSROOM FACILITIES ASSISTANCE PROJECTS

5767

The amount reappropriated for the foregoing appropriation	5768
item CAP-780, Classroom Facilities Assistance Program, is $768,711	5769
plus the sum of the unencumbered and unallotted balances as of	5770
June 30, 2004, for appropriation item CAP-780, Classroom	5771
Facilities Assistance Program.	5772

EXCEPTIONAL NEEDS PROGRAM

5773

The amount reappropriated for the foregoing appropriation	5774
item CAP-784, Exceptional Needs Program, is $761,146 plus the sum	5775
of the unencumbered and unallotted balances as of June 30, 2004,	5776
for appropriation item CAP-784, Exceptional Needs Program.	5777

Section 16. All items set forth in this section are hereby	5778
appropriated out of any moneys in the state treasury to the credit	5779
of the Clean Ohio Revitalization Fund (Fund 003) that are not	5780
otherwise appropriated:	5781

Reappropriations

DEV DEPARTMENT OF DEVELOPMENT

5782

Section 17.  All items set forth in this section are hereby	5788
appropriated out of any moneys in the state treasury to the credit	5789
of the Highway Safety Building Fund (Fund 025) that are not	5790
otherwise appropriated:	5791

Reappropriations

DHS DEPARTMENT OF PUBLIC SAFETY

5792

Section 18.  All items set forth in Sections 18.01 to 18.16	5802
of this act are hereby appropriated out of any moneys in the state	5803
treasury to the credit of the Administrative Building Fund (Fund	5804
026) that are not otherwise appropriated:	5805

Reappropriations

Section 18.01.  ADJ ADJUTANT GENERAL

5806

NEW ARMORY CONSTRUCTION

5829

The foregoing appropriation item CAP-059, Construct Bowling	5830
Green Armory, shall be used to fund the state's share of the cost	5831
of building a basic armory in the Bowling Green area, including	5832
the cost of site acquisition, site preparation, and planning and	5833
design. Appropriations shall not be released for this item without	5834
a certification by the Adjutant General to the Director of Budget	5835
and Management that sufficient moneys have been allocated for the	5836
federal share of the cost of construction.	5837

Reappropriations

Section 18.02.  DAS DEPARTMENT OF ADMINISTRATIVE SERVICES

5838

HAZARDOUS SUBSTANCE ABATEMENT IN STATE FACILITIES

5862

The foregoing appropriation item CAP-809, Hazardous Substance	5863
Abatement, shall be used to fund the removal of asbestos, PCB,	5864
radon gas, and other contamination hazards from state facilities.	5865

Prior to the release of funds for asbestos abatement, the	5866
Department of Administrative Services shall review proposals from	5867
state agencies to use these funds for asbestos abatement projects	5868
based on criteria developed by the Department of Administrative	5869
Services. Upon a determination by the Department of Administrative	5870
Services that the requesting agency cannot fund the asbestos	5871
abatement project or other toxic materials removal through	5872
existing capital and operating appropriations, the department may	5873
request the release of funds for such projects by the Controlling	5874
Board. State agencies intending to fund asbestos abatement or	5875
other toxic materials removal through existing capital and	5876
operating appropriations shall notify the Director of	5877
Administrative Services of the nature and scope prior to	5878
commencing the project.	5879

Only agencies that have received appropriations for capital	5880
projects from the Administrative Building Fund (Fund 026) are	5881
eligible to receive funding from this item. Public school	5882
districts are not eligible.	5883

IMPLEMENTATION OF AMERICANS WITH DISABILITIES ACT

5884

The foregoing appropriation item CAP-822, Americans with	5885
Disabilities Act, shall be used to renovate state-owned facilities	5886
to provide access for physically disabled persons in accordance	5887
with Title II of the Americans with Disabilities Act.	5888

Prior to the release of funds for renovation, state agencies	5889
shall perform self-evaluations of state-owned facilities	5890
identifying barriers to access to service. State agencies shall	5891
prioritize access barriers and develop a transition plan for the	5892
removal of these barriers. The Department of Administrative	5893
Services shall review proposals from state agencies to use these	5894
funds for Americans with Disabilities Act renovations.	5895

Only agencies that have received appropriations for capital	5896
projects from Administrative Building Fund (Fund 026) are eligible	5897
to receive funding from this item. Public school districts are not	5898
eligible.	5899

MARCS STEERING COMMITTEE AND STATEWIDE COMMUNICATIONS SYSTEM

5900

There is hereby continued a Multi-Agency Radio Communications	5901
System (MARCS) Steering Committee consisting of the designees of	5902
the Directors of Administrative Services, Public Safety, Natural	5903
Resources, Transportation, Rehabilitation and Correction, and	5904
Budget and Management. The Director of Administrative Services or	5905
the director's designee shall chair the committee. The committee	5906
shall provide assistance to the Director of Administrative	5907
Services for effective and efficient implementation of the MARCS	5908
system as well as develop policies for the ongoing management of	5909
the system. Upon dates prescribed by the Directors of	5910
Administrative Services and Budget and Management, the MARCS	5911
Steering Committee shall report to the directors on the progress	5912
of MARCS implementation and the development of policies related to	5913
the system.	5914

The foregoing appropriation item CAP-827, Statewide	5915
Communications System, shall be used to purchase or construct the	5916
components of MARCS that are not specific to any one agency. The	5917
equipment may include, but is not limited to, multi-agency	5918
equipment at the Emergency Operations Center/Joint Dispatch	5919
Facility, computer and telecommunication equipment used for the	5920
functioning and integration of the system, communications towers,	5921
tower sites, tower equipment, and linkages among towers and	5922
between towers and the State of Ohio Network for Integrated	5923
Communication (SONIC) system. The Director of Administrative	5924
Services shall, with the concurrence of the MARCS Steering	5925
Committee, determine the specific use of funds.	5926

Spending from this appropriation item shall not be subject to	5927
Chapters 123. and 153. of the Revised Code.	5928

ENERGY CONSERVATION PROJECTS

5929

The foregoing appropriation item CAP-835, Energy Conservation	5930
Projects, shall be used to perform energy conservation	5931
renovations, including the United States Environmental Protection	5932
Agency's Energy Star Program, in state-owned facilities. Prior to	5933
the release of funds for renovation, state agencies shall have	5934
performed a comprehensive energy audit for each project. The	5935
Department of Administrative Services shall review and approve	5936
proposals from state agencies to use these funds for energy	5937
conservation. Public school districts and state-supported and	5938
state-assisted institutions of higher education are not eligible	5939
for funding from this item.	5940

Reappropriations

Section 18.03.  AGE DEPARTMENT OF AGING

5941

Reappropriations

Section 18.04.  AGR DEPARTMENT OF AGRICULTURE

5945

Reappropriations

Section 18.05.  AGO ATTORNEY GENERAL

5955

Reappropriations

Section 18.06. CSR CAPITOL SQUARE REVIEW AND ADVISORY BOARD

5960

Reappropriations

Section 18.07.  COM DEPARTMENT OF COMMERCE

5966

Reappropriations

Section 18.08.  EXP EXPOSITIONS COMMISSION

5970

Reappropriations

Section 18.09. DEPARTMENT OF HEALTH

5986

Reappropriations

Section 18.10.  JSC JUDICIARY/SUPREME COURT

5990

EXEMPT FROM PER CENT FOR ARTS PROGRAM

5993

The foregoing appropriation item CAP-001, Ohio Courts	5994
Building Renovations, is exempt from section 3379.10 of the	5995
Revised Code, the Per Cent for Arts Program.	5996

OHIO COURTS BUILDING

5997

The amount reappropriated for the foregoing appropriation	5998
item CAP-001, Ohio Courts Building Renovations, shall be the sum	5999
of the unencumbered and unallotted balances as of June 30, 2004,	6000
in appropriation item CAP-001, Ohio Courts Building Renovations,	6001
plus the amount refunded to the Judiciary/Supreme Court for	6002
deposit into the Administrative Building Fund (Fund 026) in	6003
accordance with Section 92 of Am. Sub. H.B. 850 of the 122nd	6004
General Assembly. This amount shall be certified to the Director	6005
of Budget and Management.	6006

Reappropriations

Section 18.11.  DNR DEPARTMENT OF NATURAL RESOURCES

6007

Reappropriations

Section 18.12.  DHS DEPARTMENT OF PUBLIC SAFETY

6016

Reappropriations

Section 18.13.  OSB SCHOOL FOR THE BLIND

6024

ROOF IMPROVEMENT SCHOOL AND COTTAGE

6033

The amount reappropriated for appropriation item CAP-745,	6034
Roof Improvements on the School and Cottage, is $49,011 plus the	6035
unencumbered and unallotted balances as of June 30, 2004, in	6036
appropriation item CAP-745, Roof Improvements on the School and	6037
Cottage.	6038

RESIDENTIAL RENOVATIONS

6039

The amount reappropriated for appropriation item CAP-780,	6040
Residential Renovations is $10,537 plus the unencumbered and	6041
unallotted balances as of June 30, 2004 in appropriation items	6042
CAP-780 Residential Renovations and CAP-752 Equipment Storage	6043
Building.	6044

Reappropriations

Section 18.14. OSD SCHOOL FOR THE DEAF

6045

DORMITORY RENOVATIONS

6051

The amount reappropriated for the foregoing appropriation	6052
item CAP-776, Dormitory Renovations, is $23,225 plus the	6053
unencumbered and unallotted balances as of June 30, 2004, in	6054
appropriation items CAP-776, Dormitory Renovations, and CAP-785,	6055
Site Improvements.	6056

Reappropriations

Section 18.15.  OVH OHIO VETERANS' HOME

6057

Section 18.16. SOS SECRETARY OF STATE

6061

VOTING MACHINES

6065

The foregoing appropriation item CAP-002, Voting Machines,	6066
shall be used to purchase upgraded voting equipment. Appropriation	6067
item CAP-002, Voting Machines, shall match federal funds provided	6068
through the Help America Vote Act of 2002.	6069

Section 19.  All items set forth in this section are hereby	6070
appropriated out of any moneys in the state treasury to the credit	6071
of the Adult Correctional Building Fund (Fund 027) that are not	6072
otherwise appropriated:	6073

Reappropriations

DRC DEPARTMENT OF REHABILITATION AND CORRECTION

6074

STATEWIDE AND CENTRAL OFFICE PROJECTS

6075

GENERAL BUILDING RENOVATIONS

6110

The amount reappropriated for the foregoing appropriation	6111
item CAP-111, General Building Renovations, is the unencumbered	6112
and unallotted balance as of June 30, 2004, in appropriation item	6113
CAP-111, General Building Renovations, plus $1,170,818.	6114

ALLEN CORRECTIONAL INSTITUTION

6115

BELMONT CORRECTIONAL INSTITUTION

6118

CHILLICOTHE CORRECTIONAL INSTITUTION

6122

CORRECTIONAL RECEPTION CENTER

6141

CORRECTIONS MEDICAL CENTER

6144

CORRECTIONS TRAINING ACADEMY

6147

DAYTON CORRECTIONAL INSTITUTION

6153

FRANKLIN PRE-RELEASE CENTER

6158

GRAFTON CORRECTIONAL INSTITUTION

6161

HOCKING CORRECTIONAL FACILITY

6164

LAKE ERIE CORRECTIONAL INSTITUTION

6169

LEBANON CORRECTIONAL INSTITUTION

6172

LONDON CORRECTIONAL INSTITUTION

6184

LORAIN CORRECTIONAL INSTITUTION

6195

MADISON CORRECTIONAL INSTITUTION

6198

MANSFIELD CORRECTIONAL INSTITUTION

6206

MARION CORRECTIONAL INSTITUTION

6213

NORTH COAST CORRECTIONAL TREATMENT FACILITY

6226

NORTHEAST PRE-RELEASE CENTER

6229

OAKWOOD CORRECTIONAL FACILITY

6232

OHIO REFORMATORY FOR WOMEN

6236

OHIO STATE PENITENTIARY

6256

PICKAWAY CORRECTIONAL INSTITUTION

6260

RICHLAND CORRECTIONAL INSTITUTION

6279

ROSS CORRECTIONAL INSTITUTION

6283

SOUTHEASTERN CORRECTIONAL INSTITUTION

6289

SOUTHERN OHIO CORRECTIONAL FACILITY

6301

TOLEDO CORRECTIONAL INSTITUTION

6311

TRUMBULL CORRECTIONAL INSTITUTION

6314

WARREN CORRECTIONAL INSTITUTION

6318

Section 19.01. LOCAL JAILS

6325

From the foregoing appropriation item, CAP-002, Local Jails,	6326
the Department of Rehabilitation and Correction shall designate	6327
the projects involving the construction and renovation of county,	6328
multicounty, municipal-county, and multicounty-municipal jail	6329
facilities and workhouses, including correctional centers	6330
authorized under sections 153.61 and 307.93 of the Revised Code,	6331
for which the Ohio Building Authority is authorized to issue	6332
obligations. Notwithstanding any provisions to the contrary in	6333
Chapter 152. or 153. of the Revised Code, the Department of	6334
Rehabilitation and Correction may coordinate, review, and monitor	6335
the drawdown and use of funds for the renovation or construction	6336
of projects for which designated funds are provided.	6337

The funding authorized under this section shall not be	6338
applied to any such facilities that are not designated by the	6339
Department of Rehabilitation and Correction. The amount of funding	6340
authorized under this section that may be applied to a project	6341
designated for initial funding after July 1, 2000, involving the	6342
construction or renovation of a county, multicounty,	6343
municipal-county, and multicounty-municipal jail facilities and	6344
workhouses, including correctional centers authorized under	6345
sections 153.61 and 307.93 of the Revised Code, shall not exceed	6346
$35,000 per bed of the total allowable cost of the project in the	6347
case of construction of county and municipal-county jail	6348
facilities, workhouses, and correctional centers, or multicounty	6349
or multicounty-municipal jail facilities, workhouses, and	6350
correctional centers and shall not exceed 30 per cent of the total	6351
allowable cost of the project in the case of renovation of county,	6352
multicounty, municipal-county, and multicounty-municipal jail	6353
facilities, workhouses, and correctional centers. If a political	6354
subdivision is in the planning phase of constructing a multicounty	6355
or multicounty-municipal jail facility, workhouse, or correctional	6356
center on or before the effective date of this section, the	6357
Department of Rehabilitation and Correction shall fund that	6358
facility at $42,000 per bed. Multicounty or multicounty-municipal	6359
jail facility construction projects initiated after the effective	6360
date of this section may be considered for, but are not entitled	6361
to be awarded, funding at $42,000 per bed. The higher per bed	6362
award is at the discretion of the Department of Rehabilitation and	6363
Correction and is contingent upon available funds, the impact of	6364
the project, and inclusion of at least three counties in the	6365
project.	6366

The cost-per-bed funding authorized under this section that	6367
may be applied to a construction project shall not exceed the	6368
actual cost-per-bed of the project. The 30 per cent funding	6369
authorized under this section that may be applied to a renovation	6370
project shall not exceed $35,000 per bed of the total allowable	6371
cost of the project.	6372

The funding authorized under this section shall not be	6373
applied to any project involving the construction of a county,	6374
multicounty, municipal-county, or multicounty-municipal jail	6375
facility or workhouse, including a correctional center established	6376
under sections 153.61 and 307.93 of the Revised Code, unless the	6377
facility, workhouse, or correctional center will be built in	6378
compliance with "The Minimum Standards for Jails in Ohio" and the	6379
plans have been approved under section 5120.10 of the Revised	6380
Code. In addition, the funding authorized under this section shall	6381
not be applied to any project involving the renovation of a	6382
county, multicounty, municipal-county, or multicounty-municipal	6383
jail facility or workhouse, including a correctional center	6384
established under sections 153.61 and 307.93 of the Revised Code,	6385
unless the renovation is for the purpose of bringing the facility,	6386
workhouse, or correctional center into compliance with "The	6387
Minimum Standards for Jails in Ohio" and the plans have been	6388
approved under section 5120.10 of the Revised Code.	6389

Section 19.02. COMMUNITY-BASED CORRECTIONAL FACILITIES

6390

The Department of Rehabilitation and Correction may designate	6391
to the Ohio Building Authority the sites of, and, notwithstanding	6392
any provisions to the contrary in Chapter 152. or 153. of the	6393
Revised Code, may review the renovation or construction of the	6394
single county and district community-based correctional facilities	6395
funded by the foregoing appropriation item CAP-003,	6396
Community-Based Correctional Facilities.	6397

Section 19.03. COMMUNITY RESIDENTIAL PROGRAM RENOVATIONS

6398

The foregoing appropriation item CAP-041, Community	6399
Residential Program, may be used by the Department of	6400
Rehabilitation and Correction, under sections 5120.103, 5120.104,	6401
and 5120.105 of the Revised Code, to provide for the construction	6402
or renovation of halfway house facilities for offenders eligible	6403
for community supervision by the Department of Rehabilitation and	6404
Correction.	6405

Section 20.  All items set forth in this section are hereby	6406
appropriated out of any moneys in the state treasury to the credit	6407
of the Juvenile Correctional Building Fund (Fund 028) that are not	6408
otherwise appropriated:	6409

Reappropriations

DYS DEPARTMENT OF YOUTH SERVICES

6410

Section 20.01. GENERAL INSTITUTIONAL RENOVATIONS

6425

The amount reappropriated for the foregoing appropriation	6426
item CAP-803, General Institutional Renovations, is the	6427
unencumbered and unallotted balance as of June 30, 2004, in	6428
appropriation item CAP-803, General Institutional Renovations,	6429
plus $788,000.	6430

Section 20.02.  COMMUNITY REHABILITATION CENTERS

6431

From the foregoing appropriation item CAP-812, Community	6432
Rehabilitation Centers, the Department of Youth Services shall	6433
designate the projects involving the construction and renovation	6434
of single county and multicounty community corrections facilities	6435
for which the Ohio Building Authority is authorized to issue	6436
obligations.	6437

The Department of Youth Services is authorized to review and	6438
approve the renovation and construction of projects for which	6439
funds are provided. The proceeds of any obligations authorized	6440
under this section shall not be applied to any such facilities	6441
that are not designated and approved by the Department of Youth	6442
Services.	6443

The Department of Youth Services shall adopt guidelines to	6444
accept and review applications and designate projects. The	6445
guidelines shall require the county or counties to justify the	6446
need for the facility and to comply with timelines for the	6447
submission of documentation pertaining to the site, program, and	6448
construction.	6449

For purposes of this section, "community corrections	6450
facilities" has the same meaning as in section 5139.36 of the	6451
Revised Code.	6452

Section 20.03. LOCAL JUVENILE DETENTION CENTERS

6453

From the foregoing appropriation item CAP-829, Local Juvenile	6454
Detention Centers, the Department of Youth Services shall	6455
designate the projects involving the construction and renovation	6456
of county and multicounty juvenile detention centers for which the	6457
Ohio Building Authority is authorized to issue obligations.	6458

The Department of Youth Services is authorized to review and	6459
approve the renovation and construction of projects for which	6460
funds are provided. The proceeds of any obligations authorized	6461
under this section shall not be applied to any such facilities	6462
that are not designated by the Department of Youth Services.	6463

The Department of Youth Services shall comply with the	6464
guidelines set forth in this section, accept and review	6465
applications, designate projects, and determine the amount of	6466
state match funding to be applied to each project. The department	6467
shall, with the advice of the county or counties participating in	6468
a project, determine the funded design capacity of the detention	6469
centers that are designated to receive funding. Notwithstanding	6470
any provisions to the contrary contained in Chapter 152. or 153.	6471
of the Revised Code, the Department of Youth Services may	6472
coordinate, review, and monitor the drawdown and use of funds for	6473
the renovation and construction of projects for which designated	6474
funds are provided.	6475

(A) The Department of Youth Services shall develop a weighted	6476
numerical formula to determine the amount, if any, of state match	6477
that may be provided to a single or multicounty detention center	6478
project. The formula shall include the factors specified below in	6479
division (A)(1) of this section and may include the factors	6480
specified below in division (A)(2) of this section. The weight	6481
assigned to the factors specified in division (A)(1) of this	6482
section shall be not less than twice the weight assigned to	6483
factors specified in division (A)(2) of this section.	6484

(1)(a) The number of detention center beds needed in the	6485
county or group of counties, as estimated by the Department of	6486
Youth Services, is significantly more than the number of beds	6487
currently available;	6488

(b) Any existing detention center in the county or group of	6489
counties does not meet health, safety, or security standards for	6490
detention centers as established by the Department of Youth	6491
Services;	6492

(c) The Department of Youth Services projects that the county	6493
or group of counties have a need for a sufficient number of	6494
detention beds to make the project economically viable.	6495

(2)(a) The percentage of children in the county or group of	6496
counties living below the poverty level is above the state	6497
average;	6498

(b) The per capita income in the county or group of counties	6499
is below the state average.	6500

(B) The formula developed by the Department of Youth Services	6501
shall yield a percentage of state match ranging from 0 to 60 per	6502
cent based on the above factors. Notwithstanding the foregoing	6503
provisions, if a single county or multicounty system currently has	6504
no detention center beds, or if the projected need for detention	6505
center beds as estimated by the Department of Youth Services is	6506
greater than 120 per cent of current detention center bed	6507
capacity, then the percentage of state match shall be 60 per cent.	6508
To determine the dollar amount of the state match for new	6509
construction projects, the percentage of state match is multiplied	6510
by $125,000 per bed for detention centers with a designated	6511
capacity of 99 beds or less, and by $130,000 per bed for detention	6512
centers with a design capacity of 100 beds or more. To determine	6513
the dollar amount of the state match for renovation projects the	6514
percentage match shall be multiplied by the actual cost of the	6515
renovation, provided that the cost of the renovation does not	6516
exceed $100,000 per bed. The funding authorized under this section	6517
that may be applied to a construction or renovation project shall	6518
not exceed the actual cost of the project.	6519

The funding authorized under this section shall not be	6520
applied to any project unless the detention center will be built	6521
in compliance with health, safety, and security standards for	6522
detention centers as established by the Department of Youth	6523
Services. In addition, the funding authorized under this section	6524
shall not be applied to the renovation of a detention center	6525
unless the renovation is for the purpose of increasing the number	6526
of beds in the center, or to meet health, safety, or security	6527
standards for detention centers as established by the Department	6528
of Youth Services.	6529

Section 21. All items set forth in this section are hereby	6530
appropriated out of any moneys in the state treasury to the credit	6531
of the Transportation Building Fund (Fund 029) that are not	6532
otherwise appropriated:	6533

Reappropriations

DOT DEPARTMENT OF TRANSPORTATION

6534

Section 22. All items set forth in this section are hereby	6539
appropriated out of any moneys in the state treasury to the credit	6540
of the Arts and Sports Facilities Building Fund (Fund 030) that	6541
are not otherwise appropriated:	6542

Reappropriations

AFC ARTS AND SPORTS FACILITIES COMMISSION

6543

COSI COLUMBUS - LOCAL ADMINISTRATION OF CAPITAL PROJECT	6611
CONTRACTS	6612

Notwithstanding division (A) of section 3383.07 of the	6613
Revised Code, the Ohio Arts and Sports Facilities Commission, with	6614
respect to the foregoing appropriation item CAP-005, Center of	6615
Science and Industry - Columbus, may administer all or part of	6616
capital facilities project contracts involving exhibit fabrication	6617
and installation as determined by the Department of Administrative	6618
Services, the Center of Science and Industry - Columbus, and the	6619
Ohio Arts and Sports Facilities Commission in review of the	6620
project plans. The Ohio Arts and Sports Facilities Commission	6621
shall enter into a contract with the Center of Science and	6622
Industry - Columbus to administer the exhibit fabrication and	6623
installation contracts and such contracts are not subject to	6624
Chapter 123. or 153. of the Revised Code.	6625

SPORTS FACILITIES IMPROVEMENTS - AKRON

6626

The amount reappropriated to the Arts and Sports Facilities	6627
Building Fund (Fund 030), CAP-024, Sports Facilities Improvements	6628
- Akron, is the unallotted and unencumbered balance in the Sports	6629
Facilities Building Fund (Fund 024), CAP-024, Sports Facilities	6630
Improvements - Akron.	6631

REDS HALL OF FAME

6632

The amount reappropriated to the Arts and Sports Facilities	6633
Building Fund (Fund 030), CAP-025, Reds Hall of Fame, is the	6634
unallotted and unencumbered balance in the Sports Facilities	6635
Building Fund (Fund 024), CAP-025, Reds Hall of Fame.	6636

MARINA DISTRICT/ICE ARENA DEVELOPMENT

6637

The amount reappropriated to the Arts and Sports Facilities	6638
Building Fund (Fund 030), CAP-843, Marina District/Ice Arena	6639
Development, is the unallotted and unencumbered balance in the	6640
Sports Facilities Building Fund (Fund 024), CAP-073, Marina	6641
District/Ice Arena Development.	6642

Section 22.01.  The Ohio Building Authority is hereby	6643
authorized to issue and sell, in accordance with Section 2i of	6644
Article VIII, Ohio Constitution, and Chapter 152. and other	6645
applicable sections of the Revised Code, original obligations in	6646
an aggregate principal amount not to exceed $1,000,000 in addition	6647
to the original issuance of obligations heretofore authorized by	6648
prior acts of the General Assembly. The authorized obligations	6649
shall be issued, subject to applicable constitutional and	6650
statutory limitations, to pay costs of capital facilities as	6651
defined in division (A)(5) of section 152.09 of the Revised Code,	6652
including construction as defined in division (H) of section	6653
3383.01 of the Revised Code, of the Ohio arts facilities	6654
designated in Section 15.01 of H.B. 675 of the 124th General	6655
Assembly.	6656

Section 23.  All items set forth in this section are hereby	6657
appropriated out of any moneys in the state treasury to the credit	6658
of the Ohio Parks and Natural Resources Fund (Fund 031) that are	6659
not otherwise appropriated:	6660

Reappropriations

DNR DEPARTMENT OF NATURAL RESOURCES

6661

STATEWIDE AND LOCAL PROJECTS

6662

DIVISION OF CIVILIAN CONSERVATION

6689

DIVISION OF FORESTRY

6694

DIVISION OF MINERAL RESOURCES MANAGEMENT

6703

DIVISION OF NATURAL AREAS AND PRESERVES

6706

DIVISION OF PARKS AND RECREATION

6712

DIVISION OF SOIL AND WATER CONSERVATION

6750

DIVISION OF WATER

6753

Section 23.01. LAND ACQUISITION

6764

Of the foregoing appropriation item CAP-012, Land	6765
Acquisition, $300,000 shall be used by the City of Mentor to	6766
purchase property for the Mentor Marsh.	6767

MIAMI AND ERIE CANAL IMPROVEMENTS

6768

Of the foregoing appropriation item CAP-705, Rehabilitate	6769
Canals, Hydraulic Works, and Support Facilities, at least	6770
$1,250,000 shall be used for Miami and Erie Canal improvements.	6771

LOCAL PARKS PROJECTS - STATEWIDE

6772

The amount reappropriated for the foregoing appropriation	6773
item CAP-748, Local Parks Projects - Statewide, is $840,879 plus	6774
the unencumbered and unallotted balance as of June 30, 2004, in	6775
item CAP-748, Local Parks Projects - Statewide. The $840,879	6776
represents amounts that were previously appropriated, allocated to	6777
counties pursuant to division (D) of section 1557.06 of the	6778
Revised Code, and encumbered for local project grants. The	6779
encumbrances for these local projects in the various counties	6780
shall be canceled by the Director of Natural Resources or the	6781
Director of Budget and Management. The Director of Natural	6782
Resources shall allocate the $840,879 to the same counties the	6783
moneys were originally allocated to, in the amount of the canceled	6784
encumbrances.	6785

DAM REHABILITATION

6786

Of the foregoing appropriation item CAP-881, Dam	6787
Rehabilitation, up to $5,000,000 shall be used to rehabilitate the	6788
Muskingum River Locks and Dams.	6789

Section 23.02.  For the projects appropriated in Section 24	6790
of this act, the Ohio Department of Natural Resources shall	6791
periodically prepare and submit to the Director of Budget and	6792
Management the estimated design, planning, and engineering costs	6793
of capital-related work to be done by the Department of Natural	6794
Resources for each project. Based on the estimates, the Director	6795
of Budget and Management may release appropriations from the	6796
foregoing appropriation item CAP-753, Project Planning, to pay for	6797
design, planning, and engineering costs incurred by the Department	6798
of Natural Resources for such projects. Upon release of the	6799
appropriations by the Director of Budget and Management, the	6800
Department of Natural Resources shall pay for these expenses from	6801
Fund 4S9, Capital Expenses, and be reimbursed by the Ohio Parks	6802
and Natural Resources Fund (Fund 031) using an intrastate voucher.	6803

Section 24.  All items set forth in this section are hereby	6804
appropriated out of any moneys in the state treasury to the credit	6805
of the School Building Program Assistance Fund (Fund 032) that are	6806
not otherwise appropriated:	6807

Reappropriations

SFC SCHOOL FACILITIES COMMISSION

6808

SCHOOL BUILDING PROGRAM ASSISTANCE

6813

The amount reappropriated for the foregoing appropriation	6814
item CAP-770, School Building Program Assistance, is $6,205,032,	6815
plus the sum of the unencumbered and unallotted balances as of	6816
June 30, 2004, for appropriation item CAP-770, School Building	6817
Program Assistance.	6818

Section 25.  All items set forth in Sections 25.01 to 25.03	6819
of this act are hereby appropriated out of any moneys in the state	6820
treasury to the credit of the Mental Health Facilities Improvement	6821
Fund (Fund 033) that are not otherwise appropriated:	6822

Reappropriations

Section 25.01.  ADA DEPARTMENT OF ALCOHOL AND DRUG ADDICTION	6823
SERVICES	6824

COMMUNITY ASSISTANCE PROJECTS

6830

Of the foregoing appropriation item CAP-002, Community	6831
Assistance Projects, $266,512 shall be used for the Oak House	6832
Women's Residential Treatment Facility.	6833

Reappropriations

Section 25.02.  DMH DEPARTMENT OF MENTAL HEALTH

6834

STATEWIDE AND CENTRAL OFFICE PROJECTS

6835

COMMUNITY ASSISTANCE PROJECTS

6845

Of the foregoing appropriation item CAP-479, Community	6846
Assistance Projects, $250,000 shall be used for the Berea	6847
Children's Home.	6848

PATIENT CARE AND ENVIRONMENT IMPROVEMENTS

6849

The amount reappropriated for appropriation item CAP-977,	6850
Patient Care/Environment Improvement, is the unencumbered and	6851
unallotted balances as of June 30, 2004, in appropriation item	6852
CAP-977, Patient Care/Environment Improvement, plus $371,199.	6853

PATIENT ENVIRONMENT IMPROVEMENT CONSOLIDATION

6854

The amount reappropriated for appropriation item CAP-984,	6855
Patient Environment Improvement/Consolidation, is the unencumbered	6856
and unallotted balance as of June 30, 2004, in appropriation item	6857
CAP-984, Patient Environment Improvement/Consolidation plus	6858
$176,853.	6859

Reappropriations

Section 25.03.  DMR DEPARTMENT OF MENTAL RETARDATION AND	6860
DEVELOPMENTAL DISABILITIES	6861

STATEWIDE PROJECTS

6862

COMMUNITY ASSISTANCE PROJECTS

6871

The foregoing appropriation item CAP-480, Community	6872
Assistance Projects, may be used to provide community assistance	6873
funds for the construction or renovation of facilities for day	6874
programs or residential programs that provide services to persons	6875
eligible for services from the Department of Mental Retardation	6876
and Developmental Disabilities or county boards of mental	6877
retardation and developmental disabilities. Any funds provided to	6878
nonprofit agencies for the construction or renovation of	6879
facilities for persons eligible for services from the Department	6880
of Mental Retardation and Developmental Disabilities and county	6881
boards of mental retardation and developmental disabilities are	6882
subject to the prevailing wage provisions in section 176.05 of the	6883
Revised Code.	6884

Of the foregoing appropriation item CAP-480, Community	6885
Assistance Projects, $150,000 shall be used for the Fostoria Area	6886
Community Childhood and Family Center and $1,000,000 shall be used	6887
for the Bellefaire Jewish Children's Bureau.	6888

STATEWIDE DEVELOPMENTAL CENTERS

6889

APPLE CREEK DEVELOPMENTAL CENTER

6890

CAMBRIDGE DEVELOPMENTAL CENTER

6898

COLUMBUS DEVELOPMENTAL CENTER

6904

GALLIPOLIS DEVELOPMENTAL CENTER

6908

MONTGOMERY DEVELOPMENTAL CENTER

6911

MOUNT VERNON DEVELOPMENTAL CENTER

6914

NORTHWEST OHIO DEVELOPMENTAL CENTER

6921

SOUTHWEST OHIO DEVELOPMENTAL CENTER

6925

SPRINGVIEW DEVELOPMENTAL CENTER

6930

TIFFIN DEVELOPMENTAL CENTER

6934

WARRENSVILLE DEVELOPMENTAL CENTER

6941

Section 25.04. The foregoing appropriations for the	6954
Department of Alcohol and Drug Addiction Services, CAP-002,	6955
Community Assistance Projects; Department of Mental Health,	6956
CAP-479, Community Assistance Projects; and Department of Mental	6957
Retardation and Developmental Disabilities, CAP-480, Community	6958
Assistance Projects, may be used on facilities constructed or to	6959
be constructed pursuant to Chapter 340., 3793., 5119., 5123., or	6960
5126. of the Revised Code or the authority granted by section	6961
154.20 of the Revised Code and the rules adopted pursuant to those	6962
chapters and that section and shall be distributed by the	6963
Department of Alcohol and Drug Addiction Services, the Department	6964
of Mental Health, and the Department of Mental Retardation and	6965
Developmental Disabilities, subject to Controlling Board approval.	6966

Section 25.05.  (A) No capital improvement appropriations	6967
made in Sections 26.01 to 26.03 of this act shall be released for	6968
planning or for improvement, renovation, or construction or	6969
acquisition of capital facilities if a governmental agency, as	6970
defined in section 154.01 of the Revised Code, does not own the	6971
real property that constitutes the capital facilities or on which	6972
the capital facilities are or will be located. This restriction	6973
does not apply in any of the following circumstances:	6974

(1) The governmental agency has a long-term (at least fifteen	6975
years) lease of, or other interest (such as an easement) in, the	6976
real property.	6977

(2) In the case of an appropriation for capital facilities	6978
that, because of their unique nature or location, will be owned or	6979
be part of facilities owned by a separate nonprofit organization	6980
and made available to the governmental agency for its use, the	6981
nonprofit organization either owns or has a long-term (at least	6982
fifteen years) lease of the real property or other capital	6983
facility to be improved, renovated, constructed, or acquired and	6984
has entered into a joint or cooperative use agreement, approved by	6985
the Department of Mental Health, Department of Mental Retardation	6986
and Developmental Disabilities, or Department of Alcohol and Drug	6987
Addiction Services, whichever is applicable, with the governmental	6988
agency for that agency's use of and right to use the capital	6989
facilities to be financed and, if applicable, improved, the value	6990
of such use or right to use being, as determined by the parties,	6991
reasonably related to the amount of the appropriation.	6992

(B) In the case of capital facilities referred to in division	6993
(A)(2) of this section, the joint or cooperative use agreement	6994
shall include, as a minimum, provisions that:	6995

(1) Specify the extent and nature of that joint or	6996
cooperative use, extending for no fewer than fifteen years, with	6997
the value of such use or right to use to be, as determined by the	6998
parties and approved by the applicable department, reasonably	6999
related to the amount of the appropriation;	7000

(2) Provide for pro rata reimbursement to the state should	7001
the arrangement for joint or cooperative use by a governmental	7002
agency be terminated;	7003

(3) Provide that procedures to be followed during the capital	7004
improvement process will comply with appropriate applicable state	7005
statutes and rules, including provisions of this act.	7006

Section 26.  All items set forth in Sections 26.01 to 26.56	7007
of this act are hereby appropriated out of any moneys in the state	7008
treasury to the credit of the Higher Education Improvement Fund	7009
(Fund 034) that are not otherwise appropriated:	7010

Reappropriations

Section 26.01.  OEB OHIO EDUCATIONAL TELECOMMUNICATIONS	7011
NETWORK COMMISSION	7012

EDUCATIONAL TELEVISION AND RADIO EQUIPMENT

7017

The foregoing appropriation item CAP-001, Educational	7018
Television and Radio Equipment, shall be used to provide	7019
broadcasting, transmission, and production equipment to Ohio	7020
public radio and television stations, radio reading services, and	7021
the Ohio Educational Telecommunications Network Commission.	7022

EDUCATIONAL BROADCASTING FIBER OPTIC NETWORK

7023

The foregoing appropriation item CAP-002, Educational	7024
Broadcasting Fiber Optic Network, shall be used to link the Ohio	7025
public radio and television stations, radio reading services, and	7026
the Ohio Educational Broadcasting Network for the reception and	7027
transmission of digital communications through fiber optic cable	7028
or other technology.	7029

Reappropriations

Section 26.02.  BOR BOARD OF REGENTS

7030

Section 26.03.  RESEARCH FACILITY ACTION AND INVESTMENT FUNDS

7042

The foregoing appropriation item CAP-032, Research Facility	7043
Action and Investment Funds, shall be used for a program of grants	7044
to be administered by the Board of Regents to provide timely	7045
availability of capital facilities for research programs and	7046
research-oriented instructional programs at or involving	7047
state-supported and state-assisted institutions of higher	7048
education.	7049

The Board of Regents shall adopt rules under Chapter 119. of	7050
the Revised Code relative to the application for and approval of	7051
projects funded from appropriation item CAP-032, Research Facility	7052
Action and Investment Funds. The rules shall be reviewed and	7053
approved by the Legislative Committee on Education Oversight. The	7054
Board of Regents shall inform the President of the Senate and the	7055
Speaker of the House of Representatives of each project	7056
application for funding received. Each project receiving a	7057
commitment for funding by the Board of Regents under the rules	7058
shall be reported to the President of the Senate and the Speaker	7059
of the House of Representatives.	7060

Section 26.04. REPAYMENT OF RESEARCH FACILITY ACTION AND	7061
INVESTMENT FUNDS MONEYS	7062

Notwithstanding any provision of law to the contrary, all	7063
repayments of Research Facility Action and Investment Funds loans	7064
shall be made to the Bond Service Account in the Higher Education	7065
Bond Service Trust Fund.	7066

Institutions of higher education shall make timely repayments	7067
of Research Facility Action and Investment Funds loans, according	7068
to the schedule established by the Board of Regents. In the case	7069
of late payments, the Board of Regents may deduct from an	7070
institution's periodic subsidy distribution an amount equal to the	7071
amount of the overdue payment for that institution, transfer such	7072
amount to the Bond Service Trust Fund, and credit the appropriate	7073
institution for the repayment.	7074

Section 26.05. CHILD CARE FACILITY - MATCHING GRANTS

7075

The foregoing appropriation item CAP-033, Child Care Facility	7076
- Matching Grants, shall be used by the Board of Regents to make	7077
grants to state-supported or state-assisted institutions of higher	7078
education for projects to expand, construct, renovate space, or	7079
equip child care centers. All grants shall be awarded on a 50 per	7080
cent match basis. In making grant awards, the Board of Regents	7081
shall give priority to:	7082

(A) Projects located at state-supported or state-assisted	7083
institutions without child care facilities;	7084

(B) Projects for which the principal clients are children of	7085
students enrolled at the institution; and	7086

(C) Projects where the facility will be used as a	7087
classroom/training lab for child care/preschool certification	7088
programs.	7089

Section 26.06. TECHNOLOGY INITIATIVES

7090

The foregoing appropriation item CAP-060, Technology	7091
Initiatives, shall be used by the Board of Regents to support	7092
collaborative initiatives to improve the quality and efficiency of	7093
instruction, services, and program offerings at Ohio's	7094
state-assisted colleges and universities.	7095

Section 26.07. THIRD FRONTIER PROJECT

7096

The foregoing appropriation item CAP-068, Third Frontier	7097
Project, shall be used to acquire, renovate, or construct	7098
facilities and purchase equipment for research programs,	7099
technology development, product development, and commercialization	7100
programs at or involving state-supported and state-assisted	7101
institutions of higher education. The funds shall be used to make	7102
grants awarded on a competitive basis, and shall be administered	7103
by the Third Frontier Commission. Expenditure of these funds shall	7104
comply with Section 2n of Article VIII, Ohio Constitution, and	7105
section 151.01 and 151.04 of the Revised Code for the period	7106
beginning July 1, 2004, and ending June 30, 2006.	7107

The Third Frontier Commission shall develop guidelines	7108
relative to the application for and selection of projects funded	7109
from appropriation item CAP-068, Third Frontier Project. The	7110
commission may develop these guidelines in consultation with other	7111
interested parties. The Board of Regents and all state-assisted	7112
and state-supported institutions of higher education shall take	7113
all actions necessary to implement grants awarded by the Third	7114
Frontier Commission.	7115

The foregoing appropriation item CAP-068, Third Frontier	7116
Project, for which an appropriation is made from the Higher	7117
Education Improvement Fund (Fund 034), is determined to consist of	7118
capital improvements and capital facilities for state-supported	7119
and state-assisted institutions of higher education, and is	7120
designated for the capital facilities to which proceeds of	7121
obligations in the Higher Education Improvement Fund (Fund 034)	7122
are to be applied.	7123

Section 26.08. TECHNOLOGY INCUBATOR FOR MARKET-READY	7124
APPLICATIONS	7125

The amount reappropriated for the foregoing appropriation	7126
item CAP-073, Technology Incubator for Market-Ready Applications,	7127
is the unencumbered and unallotted balance as of June 30, 2004, in	7128
Youngstown State University's appropriation item CAP-128,	7129
Technology Incubator for Market-Ready Applications, and CAP-116,	7130
Technology Incubator for Market-Ready Applications.	7131

Section 26.09. REIMBURSEMENT FOR PROJECT COSTS

7132

Appropriations made in Sections 26.02 to 26.56 of this act	7133
for purposes of the costs of capital facilities for the interim	7134
financing of which the particular institution has previously	7135
issued its own obligations anticipating the possibility of future	7136
state appropriations to pay all or a portion of such costs, as	7137
contemplated in division (B) of section 3345.12 of the Revised	7138
Code, shall be paid directly to the institution or the paying	7139
agent for those outstanding obligations in the full principal	7140
amount of those obligations then to be paid from the anticipated	7141
appropriation, and shall be timely applied to the retirement of a	7142
like principal amount of the institution's obligations.	7143

Appropriations made in Sections 26.02 to 26.56 of this act	7144
for purposes of the costs of capital facilities, all or a portion	7145
of which costs the particular institution has paid from the	7146
institution's moneys that were temporarily available and which	7147
expenditures were reasonably expected at the time of the advance	7148
by the institution and the state to be reimbursed from the	7149
proceeds of obligations issued by the state, shall be directly	7150
paid to the institution in the full amounts of those payments and	7151
shall be timely applied to the reimbursement of those temporarily	7152
available moneys. All reimbursements are subject to review and	7153
approval through the capital release process.	7154

Reappropriations

Section 26.10.  UAK UNIVERSITY OF AKRON

7155

Reappropriations

Section 26.11.  BGU BOWLING GREEN STATE UNIVERSITY

7182

BASIC RENOVATIONS

7207

The amount reappropriated for the foregoing appropriation	7208
item CAP-009, Basic Renovations, is the sum of the unencumbered	7209
and unallotted balances as of June 30, 2004, in appropriation	7210
items CAP-009, Basic Renovations; CAP-066, South Hall Replacement;	7211
and CAP-106, LSC Stairwell/MSC Exterior Steps.	7212

Reappropriations

Section 26.12.  CSU CENTRAL STATE UNIVERSITY

7213

Reappropriations

Section 26.13.  UCN UNIVERSITY OF CINCINNATI

7232

BASIC RENOVATIONS

7318

The amount reappropriated for the foregoing appropriation	7319
item CAP-009, Basic Renovations, is the sum of the unencumbered	7320
and unallotted balance as of June 30, 2004, in appropriation item	7321
CAP-009, Basic Renovations, plus $14,860.	7322

SCIENCE AND ALLIED HEALTH BUILDING - WALTERS

7323

The amount reappropriated for the foregoing appropriation	7324
item CAP-128, Science and Allied Health Building - Walters, is the	7325
sum of the unencumbered and unallotted balance as of June 30,	7326
2004, in appropriation item CAP-128, Science and Allied Health	7327
Building - Walters, plus $81,931.	7328

CLASSROOM/TEACHING LAB RENOVATIONS

7329

The amount reappropriated for the foregoing appropriation	7330
item CAP-174, Classroom/Teaching Lab Renovations, is the sum of	7331
the unencumbered and unallotted balance as of June 30, 2004, in	7332
appropriation item CAP-174, Classroom/Teaching Lab Renovations,	7333
plus $698.	7334

ELEVATOR - CRITICAL BUILDING COMPONENTS

7335

The amount reappropriated for the foregoing appropriation	7336
item CAP-182, Elevator - Critical Building Components, is the sum	7337
of the unencumbered and unallotted balance as of June 30, 2004, in	7338
appropriation item CAP-182, Elevator - Critical Building	7339
Components, plus $45,048.	7340

MSB SMALL GROUP LEARNING SPACES

7341

The amount reappropriated for the foregoing appropriation	7342
item CAP-187, MSB Small Group Learning Spaces, is the sum of the	7343
unencumbered and unallotted balance as of June 30, 2004, in	7344
appropriation item CAP-187, MSB Small Group Learning Spaces, plus	7345
$1,125.	7346

TC/DYER REHABILITATION PHASE 1A

7347

The amount reappropriated for the foregoing appropriation	7348
item CAP-198, TC/DYER Rehabilitation Phase 1A, is the sum of the	7349
unencumbered and unallotted balance as of June 30, 2004, in	7350
appropriation item CAP-198, TC/DYER Rehabilitation Phase 1A, plus	7351
$2,406.	7352

BRAUSTEIN REHABILITATION PHASE 1

7353

The amount reappropriated for the foregoing appropriation	7354
item CAP-200, Braustein Rehabilitation Phase 1, is the sum of the	7355
unencumbered and unallotted balance as of June 30, 2004, in	7356
appropriation item CAP-200, Braustein Rehabilitation Phase 1, plus	7357
$301.	7358

BALDWIN HALL REHABILITATION - PHASE 1

7359

The amount reappropriated for the foregoing appropriation	7360
item CAP-202, Baldwin Hall Rehabilitation - Phase 1, is the sum of	7361
the unencumbered and unallotted balance as of June 30, 2004, in	7362
appropriation item CAP-202, Baldwin Hall Rehabilitation - Phase 1,	7363
plus $8,360.	7364

MEDICAL SCIENCE BUILDING REHABILITATION

7365

The amount reappropriated for the foregoing appropriation	7366
item CAP-205, Medical Science Building Rehabilitation, is the sum	7367
of the unencumbered and unallotted balance as of June 30, 2004, in	7368
appropriation item CAP-205, Medical Science Building	7369
Rehabilitation, plus $274.	7370

ONE STOP SERVICES CENTER

7371

The amount reappropriated for the foregoing appropriation	7372
item CAP-206, One Stop Services Center, is the sum of the	7373
unencumbered and unallotted balance as of June 30, 2004, in	7374
appropriation item CAP-206, One Stop Services Center, plus $1,260.	7375

CREATION OF A P3 FACILITY

7376

The amount reappropriated for the foregoing appropriation	7377
item CAP-218, Creation of a P3 Facility, is the sum of the	7378
unencumbered and unallotted balance as of June 30, 2004, in	7379
appropriation item CAP-218, Creation of a P3 Facility, plus $500.	7380

Reappropriations

Section 26.14.  CLS CLEVELAND STATE UNIVERSITY

7381

BASIC RENOVATIONS

7410

The amount reappropriated for the foregoing appropriation	7411
item CAP-023, Basic Renovations, is the unencumbered and	7412
unallotted balance as of June 30, 2004, in appropriation item	7413
CAP-023, Basic Renovations, plus $9,122.	7414

Reappropriations

Section 26.15.  KSU KENT STATE UNIVERSITY

7415

BOILER PLANT CONTROLS AND BUILDING ALTERATIONS

7491

The amount reappropriated for the foregoing appropriation	7492
item CAP-156, Boiler Plant Controls and Building Alterations, is	7493
the unencumbered and unallotted balance as of June 30, 2004, in	7494
appropriation item CAP-156, Boiler Plant Controls and Building	7495
Alterations, plus $6,738.	7496

ELECTRICAL SUBSTATION/FIBER OPTIC NETWORK

7497

The amount reappropriated for the foregoing appropriation	7498
item CAP-159, Electrical Substation/Fiber Optic Network, is the	7499
unencumbered and unallotted balance as of June 30, 2004, in	7500
appropriation item CAP-159, Electrical Substation/Fiber Optic	7501
Network, plus $6,526.	7502

MIDWAY DRIVE UTILITIES TUNNEL - II

7503

The amount reappropriated for the foregoing appropriation	7504
item CAP-176, Midway Drive Utilities Tunnel - II, is the	7505
unencumbered and unallotted balance as of June 30, 2004, in	7506
appropriation item CAP-176, Midway Drive Utilities Tunnel - II,	7507
plus $1,522.	7508

Reappropriations

Section 26.16.  MUN MIAMI UNIVERSITY

7509

Reappropriations

Section 26.17. OSU OHIO STATE UNIVERSITY

7563

ANIMAL AND PLANT BIOLOGY LEVEL 3

7787

The amount reappropriated for the foregoing appropriation	7788
item CAP-531, Animal and Plant Biology Level 3, shall be	7789
$3,303,062.	7790

Reappropriations

Section 26.18. OHU OHIO UNIVERSITY

7791

BASIC RENOVATIONS

7846

The amount reappropriated for the foregoing appropriation	7847
item CAP-020, Basic Renovations, is the unencumbered and	7848
unallotted balance as of June 30, 2004, in appropriation item	7849
CAP-020, Basic Renovations, plus $42,454.	7850

BASIC RENOVATIONS - LANCASTER

7851

The amount reappropriated for the foregoing appropriation	7852
item CAP-098, Basic Renovations - Lancaster, is the unencumbered	7853
and unallotted balance as of June 30, 2004, in appropriation item	7854
CAP-098, Basic Renovations - Lancaster, plus $441.	7855

BASIC RENOVATIONS - ZANESVILLE

7856

The amount reappropriated for the foregoing appropriation	7857
item CAP-099, Basic Renovations - Zanesville, is the unencumbered	7858
and unallotted balance as of June 30, 2004, in appropriation item	7859
CAP-099, Basic Renovations - Zanesville, plus $1,333.	7860

BENNETT HALL HVAC/LAB - CHILLICOTHE

7861

The amount reappropriated for the foregoing appropriation	7862
item CAP-115, Bennett Hall HVAC/Lab - Chillicothe, is the	7863
unencumbered and unallotted balance as of June 30, 2004, in	7864
appropriation item CAP-115, Bennett Hall HVAC/Lab - Chillicothe,	7865
plus $11,590.	7866

GYMNASIUM DEVELOPMENT - EASTERN

7867

The amount reappropriated for the foregoing appropriation	7868
item CAP-136, Gymnasium Development - Eastern, is the unencumbered	7869
and unallotted balance as of June 30, 2004, in appropriation item	7870
CAP-136, Gymnasium Development - Eastern, plus $305.	7871

COLLEGE OF HEALTH AND HUMAN SERVICES

7872

The amount reappropriated for the foregoing appropriation	7873
item CAP-141, College of Health and Human Services, is the	7874
unencumbered and unallotted balance as of June 30, 2004, in	7875
appropriation item CAP-141, College of Health and Human Services,	7876
plus $7,534.	7877

HEALTH PROFESSIONS LABS - PHASE I

7878

The amount reappropriated for the foregoing appropriation	7879
item CAP-142, Health Professions Labs Phase I, is the unencumbered	7880
and unallotted balance as of June 30, 2004, in appropriation item	7881
CAP-142, Health Professions Labs Phase I, plus $33,308.	7882

GORDY HALL ADDITION AND REHABILITATION

7883

The amount reappropriated for the foregoing appropriation	7884
item CAP-152, Gordy Hall Addition and Rehabilitation, is the	7885
unencumbered and unallotted balance as of June 30, 2004, in	7886
appropriation item CAP-152, Gordy Hall Addition and	7887
Rehabilitation, plus $940.	7888

BRASEE HALL REHABILITATION - LANCASTER

7889

The amount reappropriated for the foregoing appropriation	7890
item CAP-155, Brasee Hall Rehabilitation - Lancaster, is the	7891
unencumbered and unallotted balance as of June 30, 2004, in	7892
appropriation item CAP-155, Brasee Hall Rehabilitation -	7893
Lancaster, plus $13,216.	7894

ELSON HALL REHABILITATION - ZANESVILLE

7895

The amount reappropriated for the foregoing appropriation	7896
item CAP-172, Elson Hall Rehabilitation - Zanesville, is the	7897
unencumbered and unallotted balance as of June 30, 2004, in	7898
appropriation item CAP-172, Elson Hall Rehabilitation -	7899
Zanesville, plus $4,404.	7900

TECHNOLOGY CENTER PLANNING - IRONTON

7901

The amount reappropriated for the foregoing appropriation	7902
item CAP-187, Technology Center Planning - Ironton, is the	7903
unencumbered and unallotted balance as of June 30, 2004, in	7904
appropriation item CAP-187, Technology Center Planning - Ironton,	7905
plus $1,292.	7906

TECHNOLOGY CENTER CONSTRUCTION - IRONTON

7907

The amount reappropriated for the foregoing appropriation	7908
item CAP-188, Technology Center Construction - Ironton, is the	7909
unencumbered and unallotted balance as of June 30, 2004,in	7910
appropriation item CAP-188, Technology Center Construction -	7911
Ironton, plus $5,331.	7912

CENTER FOR PUBLIC POLICY

7913

The amount reappropriated for the foregoing appropriation	7914
item CAP-190, Center for Public Policy, is the unencumbered and	7915
unallotted balance as of June 30, 2004, in appropriation item	7916
CAP-190, Center for Public Policy, plus $23,891.	7917

DISTRICT WATER COOLING

7918

The amount reappropriated for the foregoing appropriation	7919
item CAP-191, District Water Cooling, is the unencumbered and	7920
unallotted balance as of June 30, 2004, in appropriation item	7921
CAP-191, District Water Cooling, plus $17,029.	7922

SUPPLEMENTAL RENOVATIONS

7923

The amount reappropriated for the foregoing appropriation	7924
item CAP-203, Supplemental Renovations, is the unencumbered and	7925
unallotted balance as of June 30, 2004, in appropriation item	7926
CAP-203, Supplemental Renovations, plus $6,621.	7927

HUMAN RESOURCES TRAINING CENTER

7928

The amount reappropriated for the foregoing appropriation	7929
item CAP-206, Human Resources Training Center, is the unencumbered	7930
and unallotted balance as of June 30, 2004, in appropriation item	7931
CAP-206, Human Resources Training Center, plus $1,116.	7932

Reappropriations

Section 26.19. SSC SHAWNEE STATE UNIVERSITY

7933

Reappropriations

Section 26.20. UTO UNIVERSITY OF TOLEDO

7954

Reappropriations

Section 26.21. WSU WRIGHT STATE UNIVERSITY

7983

BASIC RENOVATIONS

8002

The amount reappropriated for the foregoing appropriation	8003
item CAP-015, Basic Renovations, is the unencumbered and	8004
unallotted balance as of June 30, 2004, in appropriation items	8005
CAP-015, Basic Renovations; CAP-094, Campus Services Building; and	8006
CAP-098, Center/Hamilton/Physical Education Chiller, plus $23,400.	8007

BASIC RENOVATIONS - LAKE

8008

The amount reappropriated for the foregoing appropriation	8009
item CAP-064, Basic Renovations - Lake, is the sum of the	8010
unencumbered and unallotted balance as of June 30, 2004, in	8011
appropriation item CAP-064, Basic Renovations - Lake, plus $7,350.	8012

LIBRARY ACCESS CONSOLIDATION SYSTEM

8013

The amount reappropriated for the foregoing appropriation	8014
item CAP-080, Library Access Consolidation System, is the	8015
unencumbered and unallotted balance as of June 30, 2004, in	8016
appropriation item CAP-080, Library Access Consolidation System,	8017
plus $33,780.	8018

CAMPUS MASTER PLAN PHASE V-A

8019

The amount reappropriated for the foregoing appropriation	8020
item CAP-118, Campus Master Plan Phase V-A, is the sum of the	8021
unencumbered and unallotted balance as of June 30, 2004, in	8022
appropriation items CAP-072, Access Circulation, CAP-104, Road and	8023
Parking Lot Improvements, and CAP-118, Campus Master Plan Phase	8024
V-A.	8025

Reappropriations

Section 26.22. YSU YOUNGSTOWN STATE UNIVERSITY

8026

Reappropriations

Section 26.23. MCO MEDICAL COLLEGE OF OHIO

8047

Reappropriations

Section 26.24. NEM NORTHEASTERN OHIO UNIVERSITIES COLLEGE OF	8064
MEDICINE	8065

ROOF RENOVATIONS

8076

The amount reappropriated for the foregoing appropriation	8077
item CAP-047, Roof Renovations, shall be $12,418.	8078

Section 26.25. CWR CASE WESTERN RESERVE UNIVERSITY

8079

Reappropriations

Section 26.26. CTC CINCINNATI STATE TECHNICAL AND COMMUNITY	8100
COLLEGE	8101

Reappropriations

Section 26.27. CLT CLARK STATE COMMUNITY COLLEGE

8112

Reappropriations

Section 26.28. CTI COLUMBUS STATE COMMUNITY COLLEGE

8120

ACADEMIC CENTER "C"

8129

The amount reappropriated for the foregoing appropriation	8130
item CAP-037, Academic Center "C", shall be the sum of the	8131
unencumbered and unallotted balance as of June 30, 2004, in	8132
appropriation item CAP-037, Academic Center "C", plus $29,271.	8133

Reappropriations

Section 26.29. CCC CUYAHOGA COMMUNITY COLLEGE

8134

BASIC RENOVATIONS

8147

The amount reappropriated for the foregoing appropriation	8148
item CAP-031, Basic Renovations, is the sum of the unencumbered	8149
and unallotted balance as of June 30, 2004, in appropriation items	8150
CAP-031, Basic Renovations, CAP-058, ADA Modifications, CAP-070,	8151
Interior/Exterior Signage Program, CAP-078, Humanities Building	8152
Renovations - Metro, CAP 080, UTC Curtainwall Modifications,	8153
CAP-081, Interior Courtyards Renovations, CAP-082, Carpet	8154
Replacement - Western, CAP-085, Expansion Joint Construction,	8155
CAP-086, Carpet Replacement - Western, plus $15,884.	8156

TECHNOLOGY LEARNING CENTER

8157

The amount reappropriated for the foregoing appropriation	8158
item CAP-064, Technology Learning Center - Western, is the sum of	8159
the unencumbered and unallotted balance as of June 30, 2004, in	8160
appropriation item CAP-064, Technology Learning Center - Western,	8161
minus $1,693,253.	8162

BUILDING A EXPANSION MODULE - WESTERN

8163

The amount reappropriated for the foregoing appropriation	8164
item CAP-090, Building A Expansion Module - Western, is the sum of	8165
the unencumbered and unallotted balance as of June 30, 2004, in	8166
appropriation items CAP-066, Renovate/Create New Classrooms -	8167
West, CAP-090, Building A Expansion Module - Western, plus	8168
$1,677,369.	8169

Reappropriations

Section 26.30. ESC EDISON STATE COMMUNITY COLLEGE

8170

Reappropriations

Section 26.31. JTC JEFFERSON COMMUNITY COLLEGE

8178

Reappropriations

Section 26.32. LCC LAKELAND COMMUNITY COLLEGE

8188

Reappropriations

Section 26.33. LOR LORAIN COMMUNITY COLLEGE

8199

Reappropriations

Section 26.34. NTC NORTHWEST STATE COMMUNITY COLLEGE

8205

Reappropriations

Section 26.35. OTC OWENS COMMUNITY COLLEGE

8212

Reappropriations

Section 26.36. RGC RIO GRANDE COMMUNITY COLLEGE

8220

Reappropriations

Section 26.37. SCC SINCLAIR COMMUNITY COLLEGE

8228

Reappropriations

Section 26.38. SOC SOUTHERN STATE COMMUNITY COLLEGE

8237

Reappropriations

Section 26.39. TTC TERRA STATE COMMUNITY COLLEGE

8244

Reappropriations

Section 26.40. WTC WASHINGTON STATE COMMUNITY COLLEGE

8250

Reappropriations

Section 26.41. BTC BELMONT TECHNICAL COLLEGE

8257

Reappropriations

Section 26.42. COT CENTRAL OHIO TECHNICAL COLLEGE

8263

Reappropriations

Section 26.43. HTC HOCKING TECHNICAL COLLEGE

8267

Reappropriations

Section 26.44. LTC LIMA TECHNICAL COLLEGE

8277

Reappropriations

Section 26.45. MAT MUSKINGUM AREA TECHNICAL COLLEGE

8287

Reappropriations

Section 26.46. MTC MARION TECHNICAL COLLEGE

8293

Reappropriations

Section 26.47. NCC NORTH CENTRAL TECHNICAL COLLEGE

8298

Reappropriations

Section 26.48. STC STARK TECHNICAL COLLEGE

8305

Section 26.49. For all of the foregoing appropriation items	8316
from the Higher Education Improvement Fund (Fund 034) that require	8317
local funds to be contributed by any state-supported or	8318
state-assisted institution of higher education, the Board of	8319
Regents shall not recommend that any funds be released until the	8320
recipient institution demonstrates to the Board of Regents and the	8321
Office of Budget and Management that the local funds contribution	8322
requirement has been secured or satisfied. The local funds shall	8323
be in addition to the foregoing appropriations.	8324

Section 26.50.  The Ohio Public Facilities Commission is	8325
hereby authorized to issue and sell, in accordance with Section 2n	8326
of Article VIII, Ohio Constitution, Chapter 151. and particularly	8327
sections 151.01 and 151.04 of the Revised Code, original	8328
obligations in an aggregate principal amount not to exceed	8329
$1,000,000, in addition to the original issuance of obligations	8330
heretofore authorized by prior acts of the General Assembly. The	8331
authorized obligations shall be issued, subject to applicable	8332
constitutional and statutory limitations, to pay costs of capital	8333
facilities as defined in sections 151.01 and 151.04 of the Revised	8334
Code for state-supported and state-assisted institutions of higher	8335
education.	8336

Section 26.51. The Ohio Public Facilities Commission is	8337
hereby authorized to issue and sell, in accordance with Section 2n	8338
of Article VIII, Ohio Constitution, Chapter 151. and particularly	8339
sections 151.01 and 151.04 of the Revised Code, original	8340
obligations in an aggregate principal amount not to exceed	8341
$2,000,000, in addition to the original issuance of obligations	8342
heretofore authorized by prior acts of the General Assembly. The	8343
authorized obligations shall be issued, subject to applicable	8344
constitutional and statutory limitations, to pay costs of capital	8345
facilities as defined in sections 151.01 and 151.04 of the Revised	8346
Code for state-supported and state-assisted institutions of higher	8347
education.	8348

Section 26.52. None of the foregoing capital improvements	8349
appropriations for state-supported or state-assisted institutions	8350
of higher education shall be expended until the particular	8351
appropriation has been recommended for release by the Board of	8352
Regents and released by the Director of Budget and Management or	8353
the Controlling Board. Either the institution concerned, or the	8354
Board of Regents with the concurrence of the institution	8355
concerned, may initiate the request to the Director of Budget and	8356
Management or the Controlling Board for the release of the	8357
particular appropriations.	8358

Section 26.53. (A) No capital improvement appropriations made	8359
in Sections 26.02 to 26.56, 34, 34.01, 34.02, and 34.03 of this	8360
act shall be released for planning or for improvement, renovation,	8361
construction, or acquisition of capital facilities if the	8362
institution of higher education or the state does not own the real	8363
property on which the capital facilities are or will be located.	8364
This restriction does not apply in any of the following	8365
circumstances:	8366

(1) The institution has a long-term (at least fifteen years)	8367
lease of, or other interest (such as an easement) in, the real	8368
property.	8369

(2) The Board of Regents certifies to the Controlling Board	8370
that undue delay will occur if planning does not proceed while the	8371
property or property interest acquisition process continues. In	8372
this case, funds may be released upon approval of the Controlling	8373
Board to pay for planning through the development of schematic	8374
drawings only.	8375

(3) In the case of an appropriation for capital facilities	8376
that, because of their unique nature or location, will be owned or	8377
will be part of facilities owned by a separate nonprofit	8378
organization or public body and made available to the institution	8379
of higher education for its use, the nonprofit organization or	8380
public body either owns or has a long-term (at least fifteen	8381
years) lease of the real property or other capital facility to be	8382
improved, renovated, constructed, or acquired and has entered into	8383
a joint or cooperative use agreement, approved by the Board of	8384
Regents, with the institution of higher education that meets the	8385
requirements of division (C) of this section.	8386

(B) Any foregoing appropriations which require cooperation	8387
between a technical college and a branch campus of a university	8388
may be released by the Controlling Board upon recommendation by	8389
the Board of Regents that the facilities proposed by the	8390
institutions are:	8391

(1) The result of a joint planning effort by the university	8392
and the technical college, satisfactory to the Board of Regents;	8393

(2) Facilities that will meet the needs of the region in	8394
terms of technical and general education, taking into	8395
consideration the totality of facilities which will be available	8396
after the completion of these projects;	8397

(3) Planned to permit maximum joint use by the university and	8398
technical college of the totality of facilities which will be	8399
available upon their completion;	8400

(4) To be located on or adjacent to the branch campus of the	8401
university.	8402

(C) In the case of capital facilities referred to in division	8403
(A)(3) of this section, the joint or cooperative use agreements	8404
shall include, as a minimum, provisions that:	8405

(1) Specify the extent and nature of that joint or	8406
cooperative use, extending for not fewer than fifteen years, with	8407
the value of such use or right to use to be, as determined by the	8408
parties and approved by the Board of Regents, reasonably related	8409
to the amount of the appropriations;	8410

(2) Provide for pro rata reimbursement to the state should	8411
the arrangement for joint or cooperative use be terminated;	8412

(3) Provide that procedures to be followed during the capital	8413
improvement process will comply with appropriate applicable state	8414
laws and rules, including provisions of this act;	8415

(4) Provide for payment or reimbursement to the institution	8416
of its administrative costs incurred as a result of the facilities	8417
project, not to exceed 1.5 per cent of the appropriated amount.	8418

(D) Upon the recommendation of the Board of Regents, the	8419
Controlling Board may approve the transfer of appropriations for	8420
projects requiring cooperation between institutions from one	8421
institution to another institution, with the approval of both	8422
institutions.	8423

(E) Notwithstanding section 127.14 of the Revised Code, the	8424
Controlling Board, upon the recommendation of the Board of	8425
Regents, may transfer amounts appropriated to the Board of Regents	8426
to accounts of state-supported or state-assisted institutions	8427
created for that same purpose.	8428

Section 26.54. The requirements of Chapters 123. and 153. of	8429
the Revised Code, with respect to the powers and duties of the	8430
Director of Administrative Services in the procedure for and award	8431
of contracts for capital improvement projects, and the	8432
requirements of section 127.16 of the Revised Code, with respect	8433
to the Controlling Board, do not apply to projects of community	8434
college districts and technical college districts.	8435

Section 26.55. Those institutions locally administering	8436
capital improvement projects pursuant to section 3345.50 of the	8437
Revised Code may:	8438

(A) Establish charges for recovering costs directly related	8439
to project administration as defined by the Director of	8440
Administrative Services. The Department of Administrative Services	8441
shall review and approve these administrative charges when such	8442
charges are in excess of 1.5 per cent of the total construction	8443
budget.	8444

(B) Seek reimbursement from state capital appropriations to	8445
the institution for the in-house design services performed by the	8446
institution for such capital projects. Acceptable charges shall be	8447
limited to design document preparation work that is done by the	8448
institution. These reimbursable design costs shall be shown as	8449
"A/E fees" within the project's budget that is submitted to the	8450
Controlling Board or the Director of Budget and Management as part	8451
of a request for release of funds. The reimbursement for in-house	8452
design may not exceed seven per cent of the estimated construction	8453
cost.	8454

Section 26.56.  The Board of Regents shall adopt rules	8455
regarding the release of moneys from all the foregoing	8456
appropriations for capital facilities for all state-supported and	8457
state-assisted institutions of higher education.	8458

Section 27.  All items set forth in this section are hereby	8459
appropriated out of any moneys in the state treasury to the credit	8460
of the Parks and Recreation Improvement Fund (Fund 035) that are	8461
not otherwise appropriated:	8462

Reappropriations

DNR DEPARTMENT OF NATURAL RESOURCES

8463

Section 27.01. RIVERFRONT IMPROVEMENTS

8505

Of the foregoing reappropriation item CAP-727, Riverfront	8506
Improvements, $100,000 shall be used for the Spencerville Canal	8507
Improvements and $350,000 shall be used for the Rush Creek and	8508
Upper Hocking Project.	8509

LOCAL PARKS PROJECTS

8510

The following projects shall be funded from the foregoing	8511
reappropriation item CAP-748, Local Parks Projects: $12,500 for	8512
Big Prairie/Lakeville Park Improvements; $6,500 for Crossroads	8513
Park Improvements; $1,500,000 for the Cleveland Lakefront Park	8514
Improvements; $500,000 for Colerain Township Park Improvements;	8515
$50,000 for Smith Field Park Improvements; $50,000 for St.	8516
Clairsville Park Improvements; $50,000 for Mt. Orab Park	8517
Improvements; $50,000 for Liberty Township Playground; $100,000	8518
for Gallipolis City Park; $20,000 for Junction City Park	8519
Improvements; $200,000 for the Goll Woods Nature Preserve; $15,000	8520
for Ryan Park Improvements; and $15,000 for Circleville Park	8521
Improvements.	8522

STATEWIDE TRAILS PROGRAM

8523

Of the foregoing reappropriation item CAP-876, Statewide	8524
Trails Program, $30,000 shall be used for Fairfield Heritage	8525
Trails and $100,000 shall be used for the Upper Sandusky Bike	8526
Path.	8527

FEDERAL REIMBURSEMENT

8528

All reimbursements received from the federal government for	8529
any expenditures made pursuant to Sections 28 and 28.01 shall be	8530
deposited in the state treasury to the credit of the Parks and	8531
Recreation Improvement Fund.	8532

Section 27.02. (A) No capital improvement appropriations made	8533
in Section 25 of this act shall be released for planning or for	8534
improvement, renovation, construction, or acquisition of capital	8535
facilities if a governmental agency, as defined in section 154.01	8536
of the Revised Code, does not own the real property that	8537
constitutes the capital facilities or on which the capital	8538
facilities are or will be located. This restriction does not apply	8539
in any of the following circumstances:	8540

(1) The governmental agency has a long-term (at least fifteen	8541
years) lease of, or other interest (such as an easement) in, the	8542
real property.	8543

(2) In the case of an appropriation for capital facilities	8544
for parks and recreation that, because of their unique nature or	8545
location, will be owned or will be part of facilities owned by a	8546
separate nonprofit organization and made available to the	8547
governmental agency for its use, the nonprofit organization either	8548
owns or has a long-term (at least fifteen years) lease of the real	8549
property or other capital facility to be improved, renovated,	8550
constructed, or acquired and has entered into a joint or	8551
cooperative use agreement, approved by the Department of Natural	8552
Resources, with the governmental agency for that agency's use of	8553
and right to use the capital facilities to be financed and, if	8554
applicable, improved, the value of such use or right to use being,	8555
as determined by the parties, reasonably related to the amount of	8556
the appropriation.	8557

(B) In the case of capital facilities referred to in division	8558
(A)(2) of this section, the joint or cooperative use agreement	8559
shall include, as a minimum, provisions that:	8560

(1) Specify the extent and nature of that joint or	8561
cooperative use, extending for not fewer than fifteen years, with	8562
the value of such use or right to use to be, as determined by the	8563
parties and approved by the applicable department, reasonably	8564
related to the amount of the appropriation;	8565

(2) Provide for pro rata reimbursement to the state should	8566
the arrangement for joint or cooperative use by a governmental	8567
agency be terminated; and	8568

(3) Provide that procedures to be followed during the capital	8569
improvement process will comply with appropriate applicable state	8570
laws and rules, including provisions of this act.	8571

Section 28. All items set forth in this section are hereby	8572
appropriated out of any moneys in the state treasury to the credit	8573
of the State Capital Improvements Fund (Fund 038) that are not	8574
otherwise appropriated:	8575

Reappropriations

PWC PUBLIC WORKS COMMISSION

8576

Ohio Small Government Capital Improvement Commission

8577

The appropriations in this section shall be used in	8603
accordance with sections 164.01 to 164.12 of the Revised Code. All	8604
expenditures made from these appropriations shall be approved by	8605
the Director of the Public Works Commission. The Director of the	8606
Public Works Commission shall not allocate funds in amounts	8607
greater than those amounts appropriated by the General Assembly.	8608

Section 29.  All items set forth in this section are hereby	8609
appropriated out of any moneys in the state treasury to the credit	8610
of the State Capital Improvements Revolving Loan Fund (Fund 040)	8611
and derived from repayments of loans made to local subdivisions	8612
for capital improvements, investment earnings on moneys in the	8613
fund, and moneys obtained from federal or private grants or from	8614
other sources for the purpose of making loans for the purpose of	8615
financing or assisting in the financing of the cost of capital	8616
improvement projects of local subdivisions:	8617

Reappropriations

PWC PUBLIC WORKS COMMISSION

8618

The appropriations in this section shall be used in	8643
accordance with sections 164.01 to 164.12 of the Revised Code. All	8644
expenditures made from these appropriations shall be approved by	8645
the Director of the Public Works Commission. The Director of the	8646
Public Works Commission shall not allocate funds in amounts	8647
greater than those amounts appropriated by the General Assembly.	8648

Section 30.  All items set forth in this section are hereby	8649
appropriated out of any moneys in the state treasury to the credit	8650
of the Clean Ohio Conservation Fund (Fund 056) that are not	8651
otherwise appropriated:	8652

Reappropriations

PWC PUBLIC WORKS COMMISSION

8653

Section 31. All items set forth in this section are hereby	8676
appropriated out of any moneys in the state treasury to the credit	8677
of the Clean Ohio Agricultural Easement Fund (Fund 057) that are	8678
not otherwise appropriated:	8679

Reappropriations

AGR DEPARTMENT OF AGRICULTURE

8680

AGRICULTURAL EASEMENT PURCHASE

8684

The foregoing appropriation item CAP-047, Clean Ohio	8685
Agricultural Easement Fund, shall be used in accordance with	8686
sections 901.21, 901.22, and 5301.67 to 5301.70 of the Revised	8687
Code.	8688

Section 32. All items set forth in this section are hereby	8689
appropriated out of any moneys in the state treasury to the credit	8690
of the Clean Ohio Trail Fund (Fund 061) that are not otherwise	8691
appropriated:	8692

DNR DEPARTMENT OF NATURAL RESOURCES

8693

Reappropriations

Section 33. All items set forth in this section are hereby	8698
appropriated out of any moneys in the state treasury to the credit	8699
of the School Building Program Assistance Fund (Fund 032) that are	8700
not otherwise appropriated:	8701

Appropriations

SFC SCHOOL FACILITIES COMMISSION

8702

Section 33.01. The Ohio Public Facilities Commission is	8707
hereby authorized to issue and sell, in accordance with Section 2n	8708
of Article VIII, Ohio Constitution, and Chapter 151. of the	8709
Revised Code and particularly sections 151.01 and 151.03 of the	8710
Revised Code, original obligations in an aggregate principal	8711
amount not to exceed $522,000,000, in addition to the original	8712
issuance of obligations heretofore authorized by prior acts of the	8713
General Assembly. The authorized obligations shall be issued,	8714
subject to applicable constitutional and statutory limitations, to	8715
pay the costs to the state of constructing classroom facilities	8716
pursuant to sections 3318.01 to 3318.35 of the Revised Code.	8717

Section 34. All items set forth in this section are hereby	8718
appropriated out of any moneys in the state treasury to the credit	8719
of the Higher Education Improvement Fund (Fund 034) that are not	8720
otherwise appropriated. The appropriations made in this act are in	8721
addition to any other capital appropriations made for the	8722
2005-2006 biennium.	8723

Appropriations

BOR BOARD OF REGENTS

8724

Higher Education Improvement Fund

8725

Section 34.01. THIRD FRONTIER PROJECT

8730

The foregoing appropriation item CAP-068, Third Frontier	8731
Project, shall be used to acquire, renovate, or construct	8732
facilities and purchase equipment for research programs,	8733
technology development, product development, and commercialization	8734
programs at or involving state-supported and state-assisted	8735
institutions of higher education. The funds shall be used to make	8736
grants awarded on a competitive basis, and shall be administered	8737
by the Third Frontier Commission. Expenditure of the funds shall	8738
comply with Section 2n of Article VIII, Ohio Constitution, and	8739
sections 151.01 and 151.04 of the Revised Code for the period	8740
beginning July 1, 2004, and ending June 30, 2006.	8741

The Third Frontier Commission shall develop guidelines	8742
relative to the application for and selection of projects funded	8743
from appropriation item CAP-068, Third Frontier Project. The	8744
commission may develop the guidelines in consultation with other	8745
interested parties. The Board of Regents and all state-assisted	8746
and state-supported institutions of higher education shall take	8747
all actions necessary to implement grants awarded by the Third	8748
Frontier Commission.	8749

The foregoing appropriation item CAP-068, Third Frontier	8750
Project, for which an appropriation is made from the Higher	8751
Education Improvement Fund (Fund 034), is determined to consist of	8752
capital improvements and capital facilities for state-supported	8753
and state-assisted institutions of higher education, and is	8754
designated for the capital facilities to which proceeds of	8755
obligations in the Higher Education Improvement Fund (Fund 034)	8756
are to be applied.	8757

Section 34.02.  The Ohio Public Facilities Commission is	8758
hereby authorized to issue and sell, in accordance with Section 2n	8759
of Article VIII, Ohio Constitution, and Chapter 151. and	8760
particularly sections 151.01 and 151.04 of the Revised Code,	8761
original obligations in an aggregate principal amount not to	8762
exceed $50,000,000, in addition to the original issuance of	8763
obligations heretofore authorized by prior acts of the General	8764
Assembly. The authorized obligations shall be issued, subject to	8765
applicable constitutional and statutory limitations, to pay costs	8766
of capital facilities as defined in sections 151.01 and 151.04 of	8767
the Revised Code for state-supported and state-assisted	8768
institutions of higher education.	8769

Section 34.03.  The foregoing appropriation item CAP-068,	8770
Third Frontier Project, is subject to Sections 27.48, 27.49,	8771
27.50, 27.51, 27.52, and 27.53 of this act.	8772

Section 35. All items set forth in this section are hereby	8773
appropriated out of any moneys in the state treasury to the credit	8774
of the State Capital Improvements Fund (Fund 038) that are not	8775
otherwise appropriated:	8776

Appropriations

PWC PUBLIC WORKS COMMISSION

8777

The foregoing appropriation item CAP-150, Local Public	8781
Infrastructure, shall be used in accordance with sections 164.01	8782
to 164.12 of the Revised Code. The Director of the Public Works	8783
Commission may certify to the Director of Budget and Management	8784
that a need exists to appropriate investment earnings to be used	8785
in accordance with sections 164.01 to 164.12 of the Revised Code.	8786
If the Director of Budget and Management determines pursuant to	8787
division (D) of section 164.08 and section 164.12 of the Revised	8788
Code that investment earnings are available to support additional	8789
appropriations, such amounts are hereby appropriated.	8790

Section 36.  The Treasurer of State is hereby authorized	8791
pursuant to section 164.09 of the Revised Code to issue and sell,	8792
in accordance with Section 2m of Article VIII, Ohio Constitution,	8793
and sections 164.01 to 164.12 of the Revised Code, original	8794
obligations of the state, in an aggregate principal amount not to	8795
exceed $120,000,000, in addition to the original obligations	8796
heretofore authorized by prior acts of the General Assembly. These	8797
authorized obligations shall be issued and sold from time to time	8798
and in amounts necessary to ensure sufficient moneys to the credit	8799
of the State Capital Improvements Fund (Fund 038) to pay costs	8800
charged to that fund, as estimated by the Director of Budget and	8801
Management.	8802

Section 37.  All items set forth in this section are hereby	8803
appropriated out of any moneys in the state treasury to the credit	8804
of the State Capital Improvements Revolving Loan Fund (Fund 040).	8805
Revenues to the State Capital Improvements Revolving Loan Fund	8806
shall consist of all repayments of loans made to local	8807
subdivisions for capital improvements, investment earnings on	8808
moneys in the fund, and moneys obtained from federal or private	8809
grants or from other sources for the purpose of making loans for	8810
the purpose of financing or assisting in the financing of the cost	8811
of capital improvement projects of local subdivisions.	8812

PWC PUBLIC WORKS COMMISSION

8813

Appropriations

The foregoing appropriation item CAP-151, Revolving Loan,	8818
shall be used in accordance with sections 164.01 to 164.12 of the	8819
Revised Code.	8820

Section 38. CERTIFICATION OF AVAILABILITY OF MONEYS

8821

No moneys that require release shall be expended from any	8822
appropriation contained in this act without certification of the	8823
Director of Budget and Management that there are sufficient moneys	8824
in the state treasury in the fund from which the appropriation is	8825
made. Such certification made by the Office of Budget and	8826
Management shall be based on estimates of revenue, receipts, and	8827
expenses. Nothing herein shall be construed as a limitation on the	8828
authority of the Director of Budget and Management as granted in	8829
section 126.07 of the Revised Code.	8830

Section 39. LIMITATION ON USE OF CAPITAL APPROPRIATIONS

8831

The appropriations made in this act, excluding those made to	8832
the State Capital Improvement Fund (Fund 038) and the State	8833
Capital Improvements Revolving Loan Fund (Fund 040) for buildings	8834
or structures, including remodeling and renovations, are limited	8835
to:	8836

(A) Acquisition of real property or interest in real	8837
property;	8838

(B) Buildings and structures, which includes construction,	8839
demolition, complete heating, lighting, and lighting fixtures, and	8840
all necessary utilities, ventilating, plumbing, sprinkling, and	8841
sewer systems, when such systems are authorized or necessary;	8842

(C) Architectural, engineering, and professional services	8843
expenses directly related to the projects;	8844

(D) Machinery that is a part of structures at the time of	8845
initial acquisition or construction;	8846

(E) Acquisition, development, and deployment of new computer	8847
systems, including the redevelopment or integration of existing	8848
and new computer systems, but excluding regular or ongoing	8849
maintenance or support agreements;	8850

(F) Equipment that meets all the following criteria:

8851

(1) The equipment is essential in bringing the facility up to	8852
its intended use.	8853

(2) The unit cost of the equipment, and not the individual	8854
parts of a unit, is about $100 or more.	8855

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

8856

(4) The equipment is necessary for the functioning of the	8857
particular facility or project.	8858

No equipment shall be paid for from these appropriations that	8859
is not an integral part of or directly related to the basic	8860
purpose or function of a project for which moneys are	8861
appropriated. This paragraph does not apply to appropriation items	8862
for equipment.	8863

Section 40. CONTINGENCY RESERVE REQUIREMENT

8864

Any request for release of capital appropriations by the	8865
Director of Budget and Management or the Controlling Board of	8866
capital appropriations for projects, the contracts for which are	8867
awarded by the Department of Administrative Services, shall	8868
contain a contingency reserve, the amount of which shall be	8869
determined by the Department of Administrative Services, for	8870
payment of unanticipated project expenses. Any amount deducted	8871
from the encumbrance for a contractor's contract as an assessment	8872
for liquidated damages shall be added to the encumbrance for the	8873
contingency reserve. Contingency reserve funds shall be used to	8874
pay costs resulting from unanticipated job conditions, to comply	8875
with rulings regarding building and other codes, to pay costs	8876
related to errors or omissions in contract documents, to pay costs	8877
associated with changes in the scope of work, and to pay the cost	8878
of settlements and judgments related to the project.	8879

Any funds remaining upon completion of a project, may, upon	8880
approval of the Controlling Board, be released for the use of the	8881
institution to which the appropriation was made for another	8882
capital facilities project or projects.	8883

Section 41. AGENCY ADMINISTRATION OF CAPITAL FACILITIES	8884
PROJECTS	8885

Notwithstanding sections 123.01 and 123.15 of the Revised	8886
Code, the Director of Administrative Services may authorize the	8887
Departments of Mental Health, Mental Retardation and Developmental	8888
Disabilities, Alcohol and Drug Addiction Services, Agriculture,	8889
Jobs and Family Services, Rehabilitation and Correction, Youth	8890
Services, Public Safety, and Transportation, the Ohio Veterans'	8891
Home, and the Rehabilitation Services Commission to administer any	8892
capital facilities projects when the estimated cost, including	8893
design fees, construction, equipment, and contingency amounts, is	8894
less than $1,500,000. Requests for authorization to administer	8895
capital facilities projects shall be made in writing to the	8896
Director of Administrative Services by the respective state agency	8897
within sixty days after the effective date of the act in which the	8898
General Assembly initially makes an appropriation for the project.	8899
Upon the release of funds for such projects by the Controlling	8900
Board or the Director of Budget and Management, the agency may	8901
administer the capital project or projects for which agency	8902
administration has been authorized without the supervision,	8903
control, or approval of the Director of Administrative Services.	8904

The state agency authorized by the Director of Administrative	8905
Services to administer capital facilities projects pursuant to	8906
this section shall comply with the applicable procedures and	8907
guidelines established in Chapter 153. of the Revised Code.	8908

Section 42. SATISFACTION OF JUDGMENTS AND SETTLEMENTS AGAINST	8909
THE STATE	8910

Except as otherwise provided in this section, an	8911
appropriation contained in this act or any other act may be used	8912
for the purpose of satisfying judgments, settlements, or	8913
administrative awards ordered or approved by the Court of Claims	8914
or by any other court of competent jurisdiction in connection with	8915
civil actions against the state. This authorization shall not	8916
apply to appropriations to be applied to or used for payment of	8917
guarantees by or on behalf of the state or for payments under	8918
lease agreements relating to or debt service on bonds, notes, or	8919
other obligations of the state. Notwithstanding any other section	8920
of law to the contrary, this authorization includes appropriations	8921
from funds into which proceeds or direct obligations of the state	8922
are deposited only to the extent that the judgment, settlement, or	8923
administrative award is for or represents capital costs for which	8924
the appropriation may otherwise be used and is consistent with the	8925
purpose for which any related bonds were issued. Nothing contained	8926
in this section is intended to subject the state to suit in any	8927
forum in which it is not otherwise subject to suit, or is it	8928
intended to waive or compromise any defense or right available to	8929
the state in any suit against it.	8930

Section 43. Notwithstanding section 126.14 of the Revised	8931
Code, appropriations for appropriation items CAP-002, Local Jails,	8932
and CAP-003, Community-Based Correctional Facilities, appropriated	8933
from the Adult Correctional Building Fund (Fund 027) to the	8934
Department of Rehabilitation and Correction shall be released upon	8935
the written approval of the Director of Budget and Management. The	8936
appropriations from the Public School Building Fund (Fund 021),	8937
the Education Facilities Trust Fund (Fund N87), and the School	8938
Building Program Assistance Fund (Fund 032) to the School	8939
Facilities Commission, from the Transportation Building Fund (Fund	8940
029) to the Department of Transportation, from the Clean Ohio	8941
Conservation Fund (Fund 056) to the Public Works Commission, and	8942
appropriations from the State Capital Improvement Fund (Fund 038)	8943
and the State Capital Improvements Revolving Loan Fund (Fund 040)	8944
to the Public Works Commission shall be released upon presentation	8945
of a request to release the funds, by the agency to which the	8946
appropriation has been made, to the Director of Budget and	8947
Management.	8948

Section 44.  Except as provided in section 4115.04 of the	8949
Revised Code, no moneys appropriated or reappropriated by the	8950
125th General Assembly shall be used for the construction of	8951
public improvements, as defined in section 4115.03 of the Revised	8952
Code, unless the mechanics, laborers, or workers engaged therein	8953
are paid the prevailing rate of wages as prescribed in section	8954
4115.04 of the Revised Code. Nothing in this section shall affect	8955
the wages and salaries established for state employees under the	8956
provisions of Chapter 124. of the Revised Code, or collective	8957
bargaining agreements entered into by the state pursuant to	8958
Chapter 4117. of the Revised Code, while engaged on force account	8959
work, nor shall this section interfere with the use of inmate and	8960
patient labor by the state.	8961

Section 45. CAPITAL FACILITIES LEASES

8962

Capital facilities for which appropriations are made from the	8963
Administrative Building Fund (Fund 026), the Adult Correctional	8964
Building Fund (Fund 027), the Juvenile Correctional Building Fund	8965
(Fund 028), and the Arts Facilities Building Fund (Fund 030) may	8966
be leased by the Ohio Building Authority to the Department of	8967
Youth Services, the Arts and Sports Facilities Commission, the	8968
Department of Administrative Services, and the Department of	8969
Rehabilitation and Correction, and other agreements may be made by	8970
the Ohio Building Authority and the departments with respect to	8971
the use or purchase of such capital facilities, or subject to the	8972
approval of the director of the department or the commission, the	8973
Ohio Building Authority may lease such capital facilities to, and	8974
make other agreements with respect to the use or purchase thereof	8975
with, any governmental agency or nonprofit corporation having	8976
authority under law to own, lease, or operate such capital	8977
facilities. The director of the department or the commission may	8978
sublease such capital facilities to, and make other agreements	8979
with respect to the use or purchase thereof with, any such	8980
governmental agency or nonprofit corporation, which may include	8981
provisions for transmittal of receipts of that agency or nonprofit	8982
corporation of any charges for the use of such facilities, all	8983
upon such terms and conditions as the parties may agree upon and	8984
any other provision of law affecting the leasing, acquisition, or	8985
disposition of capital facilities by such parties.	8986

Section 46. AUTHORIZATION OF THE DIRECTOR OF BUDGET AND	8987
MANAGEMENT	8988

The Director of Budget and Management shall authorize both of	8989
the following:	8990

(A) The initial release of moneys for projects from the funds	8991
into which proceeds of direct obligations of the state are	8992
deposited.	8993

(B) The expenditure or encumbrance of moneys from funds into	8994
which proceeds of direct obligations are deposited, only after	8995
determining to the director's satisfaction that either of the	8996
following apply:	8997

(1) The application of such moneys to the particular project	8998
will not negatively affect any exemption or exclusion from federal	8999
income tax of the interest or interest equivalent on obligations,	9000
issued to provide moneys to the particular fund.	9001

(2) Moneys for the project will come from the proceeds of	9002
obligations, the interest on which is not so excluded or exempt	9003
and which have been authorized as "taxable obligations" by the	9004
issuing authority.	9005

The director shall report any nonrelease of moneys pursuant	9006
to this section to the Governor, the presiding officer of each	9007
house of the General Assembly, and the agency for the use of which	9008
the project is intended.	9009

Section 47. OHIO ADMINISTRATIVE KNOWLEDGE SYSTEM PROJECT

9010

The Ohio Administrative Knowledge System (OAKS) shall be an	9011
enterprise resource planning system that replaces the state's	9012
central services infrastructure systems, including, but not	9013
limited to, the central accounting system, the human	9014
resources/payroll system, the capital improvements projects	9015
tracking system, the fixed assets management system, and the	9016
procurement system. The Department of Administrative Services, in	9017
conjunction with the Office of Budget and Management, may acquire	9018
the system, including, but not limited to, the enterprise resource	9019
planning software and installation and implementation thereof	9020
pursuant to Chapter 125. of the Revised Code. Any lease-purchase	9021
arrangement utilized under Chapter 125. of the Revised Code,	9022
including any fractionalized interest therein as defined in	9023
division (N) of section 133.01 of the Revised Code, shall provide	9024
at the end of the lease periods that OAKS becomes the property of	9025
the state.	9026

Section 48. SCHOOL FACILITIES ENCUMBRANCES AND	9027
REAPPROPRIATION	9028

At the request of the Executive Director of the Ohio School	9029
Facilities Commission, the Director of Budget and Management may	9030
cancel encumbrances for school district projects from a previous	9031
biennium if the district has not raised its local share of project	9032
costs within one year of receiving Controlling Board approval in	9033
accordance with section 3318.05 of the Revised Code. The Executive	9034
Director of the Ohio School Facilities Commission shall certify	9035
the amounts of these canceled encumbrances to the Director of	9036
Budget and Management on a quarterly basis. The amounts of the	9037
canceled encumbrances are hereby appropriated.	9038

Section 49. REAPPROPRIATION OF UNEXPENDED ENCUMBERED BALANCES	9039
OF CAPITAL APPROPRIATIONS	9040

(A) An unexpended balance of a capital appropriation or	9041
reappropriation that a state agency has lawfully encumbered prior	9042
to the close of a capital biennium is hereby reappropriated for	9043
the following capital biennium from the fund from which it was	9044
originally appropriated or was reappropriated and shall be used	9045
only for the purpose of discharging the encumbrance in the	9046
following capital biennium. For those encumbered appropriations or	9047
reappropriations, any Controlling Board approval previously	9048
granted and referenced by the encumbering document remains in	9049
effect until the encumbrance is discharged in the following	9050
capital biennium or until the encumbrance expires at the end of	9051
the following capital biennium.	9052

(B) At the end of the reappropriation period provided for by	9053
division (A) of this section, an unexpended balance of a capital	9054
appropriation or reappropriation that remains encumbered at the	9055
end of that period is hereby reappropriated for the next capital	9056
biennium from the fund from which it was originally appropriated	9057
or was reappropriated and shall be used only for the purpose of	9058
discharging the encumbrance in the next capital biennium. For	9059
those encumbered appropriations or reappropriations, any	9060
Controlling Board approval previously granted and referenced by	9061
the encumbering document remains in effect until the encumbrance	9062
is discharged in the next capital biennium or until the	9063
encumbrance expires at the end of the next capital biennium.	9064

(C) At the end of the reappropriation period provided for by	9065
division (B) of this section, a reappropriation made pursuant to	9066
division (B) of this section shall lapse, and the encumbrance	9067
shall expire.	9068

(D) If an encumbrance expired pursuant to division (C) of	9069
this section, the Director of Budget and Management may	9070
re-establish the encumbrance as provided in this division. If a	9071
reappropriation for a project is made by the General Assembly for	9072
the biennium immediately following the biennium in which an	9073
encumbrance for that project expired, the Director of Budget and	9074
Management may re-establish the encumbrance in an amount not to	9075
exceed the amount of the expired encumbrance, in the name of the	9076
contractor named in the expired encumbrance, and for the same	9077
purpose specified in the expired encumbrance. The encumbrance	9078
shall be charged against the reappropriation for the project. The	9079
amount re-encumbered shall be used only for the purpose of	9080
discharging the encumbrance in the capital biennium for which the	9081
reappropriation was made. For those re-encumbered	9082
reappropriations, any Controlling Board approval previously	9083
granted and referenced by the expired encumbering document remains	9084
in effect until the encumbrance is discharged or expires at the	9085
end of the capital biennium for which the reappropriation was	9086
made. If any portion of the amount re-encumbered by the Director	9087
of Budget and Management under this division is not expended prior	9088
to the close of the capital biennium for which the reappropriation	9089
was made, that amount is hereby reappropriated for the following	9090
capital biennium as provided for in division (A) of this section	9091
and subject to the provisions of division (A) of this section.	9092

Section 50.  Capital reappropriations in this act that have	9093
been released by the Controlling Board or the Director of Budget	9094
and Management between June 30, 2002, and July 1, 2004, do not	9095
require further approval or release prior to being encumbered.	9096
Funds reappropriated in excess of such prior releases shall be	9097
released in accordance with applicable provisions of this act.	9098

Section 51.  Unless otherwise specified, the reappropriations	9099
made in this act represent the unencumbered and unallotted	9100
balances of prior years' capital improvements appropriations	9101
estimated to be available on June 30, 2004. The actual balances on	9102
June 30, 2004, for the appropriation items in this act are hereby	9103
reappropriated. Additionally, there is hereby reappropriated the	9104
unencumbered and unallotted balances on June 30, 2004, of any	9105
appropriation items either reappropriated in Am. Sub. H.B. 524 of	9106
the 124th General Assembly or appropriated in H.B. 675 of the	9107
124th General Assembly, or created by the Controlling Board	9108
pursuant to section 127.15 of the Revised Code from appropriation	9109
items in Am. Sub. H.B. 524 and H.B. 675, both of the 124th General	9110
Assembly, and this act, if the Director of Budget and Management	9111
determines that such balances are needed to complete the projects	9112
for which they were reappropriated or appropriated. The	9113
appropriation items and amounts that are reappropriated by this	9114
act shall be reported to the Controlling Board within 30 days	9115
after the effective date of this section.	9116

Section 52.  No appropriation for a health care facility	9117
authorized under this act may be released until the requirements	9118
of sections 3702.51 to 3702.68 of the Revised Code have been met.	9119

Section 53.  All proceeds received by the state as a result	9120
of litigation, judgments, settlements, or claims, filed by or on	9121
behalf of any state agency as defined by section 1.60 of the	9122
Revised Code or any state-supported or state-assisted institution	9123
of higher education, for damages or costs resulting from the use,	9124
removal, or hazard abatement of asbestos materials shall be	9125
deposited in the Asbestos Abatement Distribution Fund (Fund 674).	9126
All funds deposited into the Asbestos Abatement Distribution Fund	9127
are hereby appropriated to the Attorney General. To the extent	9128
practicable, the proceeds placed in the Asbestos Abatement	9129
Distribution Fund shall be divided among the state agencies and	9130
state-supported or state-assisted institutions of higher education	9131
in accordance with the general provisions of the litigation	9132
regarding the percentage of recovery. Distribution of the proceeds	9133
to each state agency or state-supported or state-assisted	9134
institution of higher education shall be made in accordance with	9135
the Asbestos Abatement Distribution Plan to be developed by the	9136
Attorney General, the Division of Public Works within the	9137
Department of Administrative Services, and the Office of Budget	9138
and Management.	9139

In those circumstances where asbestos litigation proceeds are	9140
for reimbursement of expenditures made with funds outside the	9141
state treasury or damages to buildings not constructed with state	9142
appropriations, direct payments shall be made to the affected	9143
institutions of higher education. Any proceeds received for	9144
reimbursement of expenditures made with funds within the state	9145
treasury or damages to buildings occupied by state agencies shall	9146
be distributed to the affected agencies with an intrastate	9147
transfer voucher to the funds identified in the Asbestos Abatement	9148
Distribution Plan.	9149

Such proceeds shall be used for additional asbestos abatement	9150
or encapsulation projects, or for other capital improvements,	9151
except that proceeds distributed to the General Revenue Fund and	9152
other funds that are not bond improvement funds may be used for	9153
any purpose. The Controlling Board may, for bond improvement	9154
funds, create appropriation items or increase appropriation	9155
authority in existing appropriation items equaling the amount of	9156
such proceeds. Such amounts approved by the Controlling Board are	9157
hereby appropriated. Such proceeds deposited in bond improvement	9158
funds shall not be expended until released by the Controlling	9159
Board, which shall require certification by the Director of Budget	9160
and Management that such proceeds are sufficient and available to	9161
fund the additional anticipated expenditures.	9162

Section 54. OBLIGATIONS ISSUED UNDER CHAPTER 151. OF THE	9163
REVISED CODE	9164

The capital improvements for which appropriations are made in	9165
this act from the Ohio Parks and Natural Resources Fund (Fund	9166
031), the School Building Program Assistance Fund (Fund 032), the	9167
Higher Education Improvement Fund (Fund 034), the Clean Ohio	9168
Conservation Fund (Fund 056), the Clean Ohio Agricultural Easement	9169
Fund (Fund 057), and the Clean Ohio Trail Fund (Fund 061) are	9170
determined to be capital improvements and capital facilities for	9171
natural resources, a statewide system of common schools,	9172
state-supported and state-assisted institutions of higher	9173
education, and conservation purposes (under the Clean Ohio	9174
Program) and are designated as capital facilities to which	9175
proceeds of obligations issued under Chapter 151. of the Revised	9176
Code are to be applied.	9177

Section 55. OBLIGATIONS ISSUED UNDER CHAPTER 152. OF THE	9178
REVISED CODE	9179

The capital improvements for which appropriations are made in	9180
this act from the Sports Facilities Building Fund (Fund 024), the	9181
Highway Safety Building Fund (Fund 025), the Administrative	9182
Building Fund (Fund 026), the Adult Correctional Building Fund	9183
(Fund 027), the Juvenile Correctional Building Fund (Fund 028),	9184
the Transportation Building Fund (Fund 029), and the Arts	9185
Facilities Building Fund (Fund 030) are determined to be capital	9186
improvements and capital facilities for housing state agencies and	9187
branches of state government and are designated as capital	9188
facilities to which proceeds of obligations issued under Chapter	9189
152. of the Revised Code are to be applied.	9190

Section 56. OBLIGATIONS ISSUED UNDER CHAPTER 154. OF THE	9191
REVISED CODE	9192

The capital improvements for which appropriations are made in	9193
this act from the Mental Health Facilities Improvement Fund (Fund	9194
033) and the Parks and Recreation Improvement Fund (Fund 035) are	9195
determined to be capital improvements and capital facilities for	9196
mental hygiene and retardation and parks and recreation and are	9197
designated as capital facilities to which proceeds of obligations	9198
issued under Chapter 154. of the Revised Code are to be applied.	9199

Section 57.  Upon the request of the agency to which a	9200
capital project appropriation item is appropriated, the Director	9201
of Budget and Management may transfer open encumbrance amounts	9202
between separate encumbrances for the project appropriation item	9203
to the extent that any reductions in encumbrances are agreed to by	9204
the contracting vendor and the agency.	9205

Section 58.  Any proceeds received by the state as the result	9206
of litigation or a settlement agreement related to any liability	9207
for the planning, design, engineering, construction, or	9208
constructed management of such facilities operated by the	9209
Department of Administrative Services shall be deposited into the	9210
Administrative Building Fund (Fund 026).	9211

Section 59. Sections 3 to 58 of this act shall remain in full	9212
force and effect commencing on July 1, 2004, and terminating on	9213
June 30, 2006, for the purpose of drawing money from the state	9214
treasury in payment of liabilities lawfully incurred hereunder,	9215
and on June 30, 2006, and not before, the moneys hereby	9216
appropriated shall lapse into the funds from which they are	9217
severally appropriated. If, under Section 1c of Article II, Ohio	9218
Constitution, Section 1c, Sections 3 to 58 of this act do not take	9219
effect until after July 1, 2004, Sections 3 to 58 of this act	9220
shall be and remain in full force and effect commencing on that	9221
later effective date.	9222

Section 60. (A) As used in this section, "design-build	9223
construction method" means a construction method that has both of	9224
the following characteristics:	9225

(1) An architecture firm and a contractor form a single	9226
entity that files a bid to construct a project and that, if	9227
awarded the contract to construct the project, agrees to a project	9228
price and completion date.	9229

(2) The entity described in division (A)(1) of this section	9230
assumes all of the financial risk if the project is delayed or	9231
exceeds the project price, and receives bonuses if the cost it	9232
incurs is less than the project price and it meets the	9233
construction target dates.	9234

(B) The Board of County Commissioners of Ashtabula County may	9235
construct, as a pilot project, a lodge and conference center at	9236
Geneva State Park on land leased from the Department of Natural	9237
Resources.	9238

Section 61. That Section 11.04 of Am. Sub. H.B. 87 of the	9239
125th General Assembly, as amended by Am. Sub. H.B. 95 of the	9240
125th General Assembly, be amended to read as follows:	9241

Sec. 11.04.  PUBLIC ACCESS ROADS FOR STATE FACILITIES

9242

Of the foregoing appropriation item 772-421, Highway	9243
Construction - State, $3,145,500 is to be used each fiscal year	9244
during the 2003-2005 biennium by the Department of Transportation	9245
for the construction, reconstruction, or maintenance of public	9246
access roads, including support features, to and within state	9247
facilities owned or operated by the Department of Natural	9248
Resources, as requested by the Director of Natural Resources.	9249

Notwithstanding section 5511.06 of the Revised Code, of the	9250
foregoing appropriation item 772-421, Highway Construction -	9251
State, $2,228,000 in each fiscal year of the 2003-2005 biennium	9252
shall be used by the Department of Transportation for the	9253
construction, reconstruction, or maintenance of park drives or	9254
park roads within the boundaries of metropolitan parks.	9255

Included in the foregoing appropriation item 772-421, Highway	9256
Construction - State, the department may perform related road work	9257
on behalf of the Ohio Expositions Commission at the state	9258
fairgrounds, including reconstruction or maintenance of public	9259
access roads, including support features, to and within the	9260
facilities as requested by the commission and approved by the	9261
Director of Transportation.	9262

LIQUIDATION OF UNFORESEEN LIABILITIES

9263

Any appropriation made to the Department of Transportation,	9264
Highway Operating Fund, not otherwise restricted by law, is	9265
available to liquidate unforeseen liabilities arising from	9266
contractual agreements of prior years when the prior year	9267
encumbrance is insufficient.	9268

GRADE CROSSING PROFILE AND SAFETY IMPROVEMENT PROGRAM

9269

Of the foregoing appropriation item, 776-665, Railroad	9270
Crossing Safety Devices, any unencumbered and unallotted fiscal	9271
year 2004 appropriation shall be transferred by the Director of	9272
Budget and Management to appropriation item 870-614, Grade	9273
Crossing Protection Devices-State, to be used by the Public	9274
Utilities Commission of Ohio (PUCO) for the Grade Crossing Profile	9275
and Safety Improvement Program, which is hereby created. A local	9276
matching grant of $25,000 or less may be awarded to political	9277
subdivisions to pay for profile improvements at crossings that	9278
meet all the following criteria: have a daily train count of at	9279
least ten trains, have a daily traffic count of at least 100 motor	9280
vehicles, are currently not equipped with automatic gates or	9281
lights, and are currently ranked in the bottom third of the hazard	9282
index as determined by the PUCO Accident Prevention Formula. In	9283
addition, grants up to $5,000 may be awarded to political	9284
subdivisions to fund non-profile improvement safety devices such	9285
as rumble strips, vegetation removal, and lighting, at crossings	9286
that meet all the criteria foregoing.	9287

The PUCO and the Ohio Department of Transportation shall	9288
notify each political subdivision with jurisdiction over a	9289
crossing of the requirements of this section and that funding is	9290
available for rail crossing safety improvements through the Grade	9291
Crossing Profile and Safety Improvement Program.	9292

The PUCO shall issue a report on or before June 30, 2005,	9293
describing the activities carried out by the PUCO to comply with	9294
this section. The report shall include the number and location of	9295
crossings that received safety improvements and the cost of each	9296
improvement to date.	9297

All appropriations in Fund 4A3 remaining unencumbered on June	9298
30, 2005, are hereby reappropriated for the same purpose in fiscal	9299
year 2006.	9300

Section 62. That existing Section 11.04 of Am. Sub. H.B. 87	9301
of the 125th General Assembly, as amended by Am. Sub. H.B. 95 of	9302
the 125th General Assembly, is hereby repealed.	9303

Section 63. The amendment by this act of Section 11.04 of Am.	9304
Sub. H.B. 87 of the 125th General Assembly, and the items of which	9305
the amendment is composed, are not subject to the referendum.	9306
Therefore, under Ohio Constitution, Article II, Section 1d and	9307
section 1.471 of the Revised Code, the amendment, and the items of	9308
which it is composed, go into immediate effect when this act	9309
becomes law.	9310

Section 64. That Sections 8.04, 12, 41.06, 41.13, 55, 59,	9311
59.29, 66, 89, 89.04, 89.05, 89.08, 89.11, and 145 of Am. Sub.	9312
H.B. 95 of the 125th General Assembly be amended to read as	9313
follows:	9314

Sec. 8.04.  CENTRAL SERVICE AGENCY FUND

9315

The Director of Budget and Management may transfer up to	9316
$423,200 in fiscal year 2004 and up to $427,700 in fiscal year	9317
2005 from the Occupational Licensing and Regulatory Fund (Fund	9318
4K9) to the Central Service Agency Fund (Fund 115). The Director	9319
of Budget and Management may transfer up to $40,700 in fiscal year	9320
2004 and up to $41,200 in fiscal year 2005 from the State Medical	9321
Board Operating Fund (Fund 5C6) to the Central Service Agency Fund	9322
(Fund 115). The Director of Budget and Management may transfer up	9323
to $1,210 in fiscal year 2004 and up to $1,340 in fiscal year 2005	9324
from the Motor Vehicle Collision Repair Registration Fund (Fund	9325
5H9) to the Central Service Agency Fund (Fund 115). The	9326
appropriation item 100-632, Central Service Agency, shall be used	9327
to purchase the necessary equipment, products, and services to	9328
maintain a local area network for the professional licensing	9329
boards, and to support their licensing applications in fiscal	9330
years 2004 and 2005. The amount of the cash transfer is	9331
appropriated to appropriation item 100-632, Central Service	9332
Agency.	9333

Sec. 12.  AGR DEPARTMENT OF AGRICULTURE

9334

General Revenue Fund

9335

Federal Special Revenue Fund Group

9356

State Special Revenue Fund Group

9366

Clean Ohio Fund Group

9389

Holding Account Redistribution Fund Group

9392

ANIMAL DAMAGE CONTROL

9396

Of the foregoing appropriation item 700-405, Animal Damage	9397
Control, $50,000 shall be used in each fiscal year for coyote and	9398
black vulture indemnification.	9399

INTERNATIONAL TRADE AND MARKET DEVELOPMENT

9400

Of the foregoing appropriation item 700-411, International	9401
Trade and Market Development, $100,000 shall be used in fiscal	9402
year 2004 for the Ohio-Israel Agricultural Initiative.	9403

FAMILY FARM LOAN PROGRAM

9404

Notwithstanding Chapter 166. of the Revised Code, up to	9405
$1,500,000 in each fiscal year shall be transferred from moneys in	9406
the Facilities Establishment Fund (Fund 037) to the Family Farm	9407
Loan Fund (Fund 5H1) in the Department of Development. These	9408
moneys shall be used for loan guarantees. The transfer is subject	9409
to Controlling Board approval.	9410

Financial assistance from the Family Farm Loan Fund (Fund	9411
5H1) shall be repaid to Fund 5H1. This fund is established in	9412
accordance with sections 166.031, 901.80, 901.81, 901.82, and	9413
901.83 of the Revised Code.	9414

When the Family Farm Loan Fund (Fund 5H1) ceases to exist,	9415
all outstanding balances, all loan repayments, and any other	9416
outstanding obligations shall revert to the Facilities	9417
Establishment Fund (Fund 037).	9418

CLEAN OHIO AGRICULTURAL EASEMENT

9419

The foregoing appropriation item 700-632, Clean Ohio	9420
Agricultural Easement, shall be used by the Department of	9421
Agriculture in administering sections 901.21, 901.22, and 5301.67	9422
to 5301.70 of the Revised Code.	9423

FARM SERVICE ELECTRONIC FILING

9424

As soon as possible on or after July 1, 2003, the Director of	9425
Budget and Management shall make a one-time cash transfer of	9426
$60,000 from Fund 382, Cooperative Contracts, to Fund XXX, Farm	9427
Service Electronic Filing Fund, in fiscal year 2004. The Farm	9428
Service Electronic Filing Fund shall be administered by the	9429
Department of Agriculture.	9430

COOPERATIVE CONTRACTS

9431

The Director of Budget and Management shall transfer the cash	9432
balance as of the effective date of this amendment from Fund 5Y7,	9433
Farm Service Agency Electronic Filing Fund, to Fund 382,	9434
Cooperative Contracts. Encumbrances from appropriation item	9435
700-XXX, Farm Service Electronic Filing, shall be canceled and	9436
re-established in appropriation item 700-601, Cooperative	9437
Contracts. Those amounts are hereby appropriated. Fund 5Y7, Farm	9438
Service Agency Electronic Filing Fund, is hereby closed. The	9439
definition of Fund 382 is hereby expanded to include revenue from	9440
the United States Farm Service Agency. The use of the money is	9441
hereby expanded to include fees charged in advance by the	9442
Secretary of State for electronic filing related to Farm Service	9443
Agency agricultural loans.	9444

Sec. 41.06.  EDUCATION MANAGEMENT INFORMATION SYSTEM

9445

The foregoing appropriation item 200-446, Education	9446
Management Information System, shall be used by the Department of	9447
Education to improve the Education Management Information System	9448
(EMIS).	9449

Of the foregoing appropriation item 200-446, Education	9450
Management Information System, up to $1,295,857 in each fiscal	9451
year shall be distributed to designated data acquisition sites for	9452
costs relating to processing, storing, and transferring data for	9453
the effective operation of the EMIS. These costs may include, but	9454
are not limited to, personnel, hardware, software development,	9455
communications connectivity, professional development, and support	9456
services, and to provide services to participate in the State	9457
Education Technology Plan pursuant to section 3301.07 of the	9458
Revised Code.	9459

Of the foregoing appropriation item 200-446, Education	9460
Management Information System, up to $8,055,189 in each fiscal	9461
year shall be distributed on a per-pupil basis to school	9462
districts, community schools established under Chapter 3314. of	9463
the Revised Code, education service centers, joint vocational	9464
school districts, and any other education entity that reports data	9465
through EMIS. From this funding, each school district or community	9466
school established under Chapter 3314. of the Revised Code with	9467
enrollment greater than 100 students and each vocational school	9468
district shall receive a minimum of $5,000 in each fiscal year.	9469
Each school district or community school established under Chapter	9470
3314. of the Revised Code with enrollment between one and one	9471
hundred and each education service center and each county board of	9472
MR/DD that submits data through EMIS shall receive $3,000 in each	9473
fiscal year. This subsidy shall be used for costs relating to	9474
reporting, processing, storing, transferring, and exchanging data	9475
necessary to meet requirements of the Department of Education's	9476
data system.	9477

Of the foregoing appropriation item 200-446, Education	9478
Management Information System, $782,500 in each fiscal year shall	9479
be used by the Department of Education, in consultation with an	9480
advisory group of school districts, community schools, and other	9481
education-related entities, for the development and implementation	9482
of a common core of Education Management Information System data	9483
definitions and data format standards. Once these definitions and	9484
standards have been developed, they shall be approved by the	9485
Education Data Advisory Council. Once the standards are approved	9486
by the Education Data Advisory Council, any software meeting the	9487
standards shall be designated as an approved vendor and may enter	9488
into contracts with local school districts, community schools,	9489
data acquisition centers, or other educational entities for the	9490
purpose of collecting and managing data required under Ohio's	9491
education management information system (EMIS) laws. On an annual	9492
basis, the Department of Education shall convene an advisory group	9493
of school districts, community schools, and other	9494
education-related entities to review the Education Management	9495
Information System data definitions and data format standards. The	9496
advisory group shall recommend changes and enhancements based upon	9497
surveys of its members, education agencies in other states, and	9498
current industry practices, to reflect best practices, align with	9499
federal initiatives, and meet the needs of school districts.	9500

School districts and community schools shall implement a	9501
common and uniform set of data definitions and data format	9502
standards for Education Management Information System purposes by	9503
July 1, 2004. The Department of Education shall work with data	9504
acquisition sites and their member school districts and community	9505
schools to implement those uniform standards. School districts and	9506
community schools that do not adopt and implement the uniform data	9507
definitions and standards by July 1, 2004, as jointly determined	9508
by the Department of Education software development team and the	9509
advisory group shall have all EMIS funding withheld until they are	9510
in compliance.	9511

GED TESTING/ADULT HIGH SCHOOL

9512

The foregoing appropriation item 200-447, GED Testing/Adult	9513
High School, shall be used to provide General Educational	9514
Development (GED) testing at no cost to applicants, pursuant to	9515
rules adopted by the State Board of Education. The Department of	9516
Education shall reimburse school districts and community schools,	9517
created in accordance with Chapter 3314. of the Revised Code, for	9518
a portion of the costs incurred in providing summer instructional	9519
or intervention services to students who have not graduated due to	9520
their inability to pass one or more parts of the state's ninth	9521
grade proficiency test. School districts shall also provide such	9522
services to students who are residents of the district pursuant to	9523
section 3313.64 of the Revised Code, but who are enrolled in	9524
chartered, nonpublic schools. The services shall be provided in	9525
the public school, in nonpublic schools, in public centers, or in	9526
mobile units located on or off the nonpublic school premises. No	9527
school district shall provide summer instructional or intervention	9528
services to nonpublic school students as authorized by this	9529
section unless such services are available to students attending	9530
the public schools within the district. No school district shall	9531
provide services for use in religious courses, devotional	9532
exercises, religious training, or any other religious activity.	9533
Chartered, nonpublic schools shall pay for any unreimbursed costs	9534
incurred by school districts for providing summer instruction or	9535
intervention services to students enrolled in chartered, nonpublic	9536
schools. School districts may provide these services to students	9537
directly or contract with postsecondary or nonprofit	9538
community-based institutions in providing instruction. The	9539
appropriation also shall be used for state reimbursement to school	9540
districts for adult high school continuing education programs	9541
pursuant to section 3313.531 of the Revised Code or for costs	9542
associated with awarding adult high school diplomas under section	9543
3313.611 of the Revised Code.	9544

EDUCATOR PREPARATION

9545

The foregoing appropriation item 200-448, Educator	9546
Preparation, shall be used by the Ohio Teacher Education and	9547
Licensure Advisory Commission to carry out the responsibilities of	9548
the 21-member Ohio Teacher Education and Licensure Advisory	9549
Commission. The advisory commission is charged by the State Board	9550
of Education with considering all matters related to educator	9551
preparation and licensure, including standards for educator	9552
preparation and licensure, approval of institutions and programs,	9553
and recommending decisions to the State Board of Education.	9554

TITLE IV-A HEAD START AND TITLE IV-A HEAD START PLUS START UP

9555

The foregoing appropriation item 200-449, Head Start/Head	9556
Start Plus Start Up, shall be used to provide start up grants for	9557
Title IV-A reimbursable funding for the provision of services to	9558
children eligible for Title IV-A services. In fiscal year 2004,	9559
these grants shall be provided to Title IV-A Head Start agencies.	9560
In fiscal year 2005, these grants shall be provided to Title IV-A	9561
Head Start agencies and Title IV-A Head Start Plus agencies. The	9562
amount of each grant shall be determined by the Department of	9563
Education. In fiscal year 2005, up to $100,000 may be used by the	9564
Department of Education to provide associated program support and	9565
technical assistance. Funds appropriated for this purpose shall be	9566
reimbursed to the General Revenue Fund when the Title IV-A Head	9567
Start or Title IV-A Head Start Plus programs cease or are no	9568
longer funded from Title IV-A. If one program ceases or is no	9569
longer funded with Title IV-A funds, the General Revenue Fund will	9570
be reimbursed for that program.	9571

If a Title IV-A Head Start agency or Title IV-A Head Start	9572
Plus agency chooses not to participate in the program or if the	9573
Department orof Education suspends or terminates part or all of	9574
its funding, reimbursement owed to the grantee shall be held by	9575
the Department of Education up to the amount of the grant owed by	9576
the grantee. If insufficient reimbursement is available to recover	9577
the amount owed by the grantee, the grantee shall return the	9578
remaining balance within 60 days of the date of the decision not	9579
to participate, the suspension, or the termination. Funding	9580
recovered from such grantees shall be used by the Department of	9581
Education for supplying grants to new grantees for Title IV-A	9582
reimbursable funding for provision of services to children	9583
eligible for Title IV-A services. Any funding remaining when the	9584
Title IV-A Head Start and the Title IV-A Head Start Plus programs	9585
cease or are no longer funded with Title IV-A funds shall be	9586
returned to the General Revenue Fund.	9587

The Title IV-A Head Start Plus agency that is receiving funds	9588
to operate a Head Start program in accordance with section 3301.35	9589
of the Revised Code shall provide the program through contracts	9590
with child care providers licensed or certified in accordance with	9591
Chapter 5104. of the Revised Code. If a licensed or certified	9592
child care provider is not in operation or willing to participate	9593
and if eligible families are in need of full-day and full-year	9594
Head Start and child care services, the Title IV-A Head Start Plus	9595
agency may be the sole source provider.	9596

TEACHING SUCCESS COMMISSION INITIATIVES

9597

The foregoing appropriation item 200-452, Teaching Success	9598
Commission Initiatives, shall be used by the Department of	9599
Education to support initiatives recommended by the Governor's	9600
Commission on Teaching Success.	9601

COMMUNITY SCHOOLS

9602

Of the foregoing appropriation item 200-455, Community	9603
Schools, up to $1,308,661 in each fiscal year may be used by the	9604
Department of Education for additional services and	9605
responsibilities under section 3314.11 of the Revised Code.	9606

Of the foregoing appropriation item 200-455, Community	9607
Schools, up to $250,000 in each fiscal year may be used by the	9608
Department of Education for developing and conducting training	9609
sessions for sponsors and prospective sponsors of community	9610
schools as prescribed in division (A)(1) of section 3314.015 of	9611
the Revised Code. In developing such training sessions, the	9612
Department shall collect and disseminate examples of best	9613
practices used by sponsors of independent charter schools in Ohio	9614
and other states.	9615

The remaining appropriation may be used by the Department of	9616
Education to make grants of up to $50,000 to each proposing group	9617
with a preliminary agreement obtained under division (C)(2) of	9618
section 3314.02 of the Revised Code in order to defray planning	9619
and initial start-up costs. In the first year of operation of a	9620
community school, the Department of Education may make a grant of	9621
not more than $100,000 to the governing authority of the school to	9622
partially defray additional start-up costs. The amount of the	9623
grant shall be based on a thorough examination of the needs of the	9624
community school. The Department of Education shall not utilize	9625
moneys received under this section for any other purpose other	9626
than those specified under this section.	9627

A community school awarded start-up grants from appropriation	9628
item 200-613, Public Charter Schools (Fund 3T4), shall not be	9629
eligible for grants under this section.	9630

Sec. 41.13. SPECIAL EDUCATION ENHANCEMENTS

9631

Of the foregoing appropriation item 200-540, Special	9632
Education Enhancements, up to $44,204,000 in fiscal year 2004 and	9633
up to $45,441,712 in fiscal year 2005 shall be used to fund	9634
special education and related services at county boards of mental	9635
retardation and developmental disabilities for eligible students	9636
under section 3317.20 of the Revised Code. Up to $2,452,125 shall	9637
be used in each fiscal year to fund special education classroom	9638
and related services units at institutions.	9639

Of the foregoing appropriation item 200-540, Special	9640
Education Enhancements, up to $2,906,875 in each fiscal year shall	9641
be used for home instruction for children with disabilities; up to	9642
$1,462,500 in each fiscal year shall be used for parent mentoring	9643
programs; and up to $2,783,396 in each fiscal year may be used for	9644
school psychology interns.	9645

Of the foregoing appropriation item 200-540, Special	9646
Education Enhancements, $3,406,090 in each fiscal year shall be	9647
used by the Department of Education to assist school districts in	9648
funding aides pursuant to paragraph (A)(3)(c)(i)(b) of rule	9649
3301-51-04 of the Administrative Code.	9650

Of the foregoing appropriation item 200-540, Special	9651
Education Enhancements, $78,384,498 in each fiscal year shall be	9652
distributed by the Department of Education to county boards of	9653
mental retardation and developmental disabilities, educational	9654
service centers, and school districts for preschool special	9655
education units and preschool supervisory units in accordance with	9656
section 3317.161 of the Revised Code. The departmentDepartment	9657
may reimburse county boards of mental retardation and	9658
developmental disabilities, educational service centers, and	9659
school districts for related services as defined in rule	9660
3301-31-053301-51-11 of the Administrative Code, for preschool	9661
occupational and physical therapy services provided by a physical	9662
therapy assistant and certified occupational therapy assistant,	9663
and for an instructional assistant. To the greatest extent	9664
possible, the Department of Education shall allocate these units	9665
to school districts and educational service centers. The	9666
Controlling Board may approve the transfer of unallocated funds	9667
from appropriation item 200-501, Base Cost Funding, to	9668
appropriation item 200-540, Special Education Enhancements, to	9669
fully fund existing units as necessary or to fully fund additional	9670
units. The Controlling Board may approve the transfer of	9671
unallocated funds from appropriation item 200-540, Special	9672
Education Enhancements, to appropriation item 200-501, Base Cost	9673
Funding, to fully fund the special education weight cost funding.	9674

The Department of Education shall require school districts,	9675
educational service centers, and county MR/DD boards serving	9676
preschool children with disabilities to document child progress	9677
using research-based indicators prescribed by the Department and	9678
report results annually. The reporting dates and methodology shall	9679
be determined by the Department.	9680

Of the foregoing appropriation item 200-540, Special	9681
Education Enhancements, $315,000 in each fiscal year shall be	9682
expended to conduct a demonstration project involving language and	9683
literacy intervention teams supporting student acquisition of	9684
language and literacy skills. The demonstration project shall	9685
demonstrate improvement of language and literacy skills of at-risk	9686
learners under the instruction of certified speech pathologists	9687
and educators. Baseline data shall be collected and comparison	9688
data for fiscal year 2004 and fiscal year 2005 shall be collected	9689
and reported to the Governor, Ohio ReadsOhioReads Council,	9690
Department of Education, and the General Assembly.	9691

Of the foregoing appropriation item 200-540, Special	9692
Education Enhancements, up to $500,000 in each fiscal year shall	9693
be used for the Research-Based Reading Mentoring Program.	9694

Of the foregoing appropriation item 200-540, Special	9695
Education Enhancements, $600,000 in each fiscal year shall be used	9696
to support the Bellefaire Jewish Children's Bureau.	9697

Sec. 55. OHS OHIO HISTORICAL SOCIETY

9698

General Revenue Fund

9699

SUBSIDY APPROPRIATION

9710

Upon approval by the Director of Budget and Management, the	9711
foregoing appropriation items shall be released to the Ohio	9712
Historical Society in quarterly amounts that in total do not	9713
exceed the annual appropriations. The funds and fiscal records of	9714
the society for fiscal years 2004 and 2005 shall be examined by	9715
independent certified public accountants approved by the Auditor	9716
of State, and a copy of the audited financial statements shall be	9717
filed with the Office of Budget and Management. The society shall	9718
prepare and submit to the Office of Budget and Management the	9719
following:	9720

(A) An estimated operating budget for each fiscal year of the	9721
biennium. The operating budget shall be submitted at or near the	9722
beginning of each year.	9723

(B) Financial reports, indicating actual receipts and	9724
expenditures for the fiscal year to date. These reports shall be	9725
filed at least semiannually during the fiscal biennium.	9726

The foregoing appropriations shall be considered to be the	9727
contractual consideration provided by the state to support the	9728
state's offer to contract with the Ohio Historical Society under	9729
section 149.30 of the Revised Code. If the Ohio Historical Society	9730
accepts this contractual offer, the society may not, during fiscal	9731
year 2004 or 2005, close any of the sites operated by the society	9732
as of the effective date of this section.	9733

Not later than May 15, 2004, the Ohio Historical Society	9734
shall submit to the Controlling Board a plan for the	9735
implementation of the recommendations of the Select Committee to	9736
Study the Effectiveness of Ohio's Historical Programs and	9737
Partnerships. No appropriations to the society for fiscal year	9738
2005 may be expended without prior approval of the implementation	9739
plan by the Controlling Board.	9740

HAYES PRESIDENTIAL CENTER

9741

If a United States government agency, including, but not	9742
limited to, the National Park Service, chooses to take over the	9743
operations or maintenance of the Hayes Presidential Center, in	9744
whole or in part, the Ohio Historical Society shall make	9745
arrangements with the National Park Service or other United States	9746
government agency for the efficient transfer of operations or	9747
maintenance.	9748

HISTORICAL GRANTS

9749

Of the foregoing appropriation item 360-508, Historical	9750
Grants, $91,667$100,000 in each fiscal year 2004 and $88,571 in	9751
fiscal year 2005 shall be distributed to the Hebrew Union College	9752
in Cincinnati for the Center for Holocaust and Humanity Education,	9753
$137,500$150,000 in fiscal year 2004 shall be distributed to the	9754
National Underground Railroad Freedom Center in Cincinnati,	9755
$229,167$250,000 in each fiscal year 2004 and $221,430 in fiscal	9756
year 2005 shall be distributed to the Great Lakes Historical	9757
Society in Vermilion, $733,333$800,000 in each fiscal year 2004	9758
and $708,571 in fiscal year 2005 shall be distributed to the	9759
Western Reserve Historical Society in Cleveland, $458,333$500,000	9760
in fiscal year 2004 shall be distributed to the Village of	9761
Dennison for the Historical Center Street District, $91,667	9762
$100,000 in each fiscal year 2004 and $88,571 in fiscal year 2005	9763
shall be distributed to the Harbor Heritage Society Steamship	9764
Mather in Cleveland, and $458,333$500,000 in each fiscal year	9765
2004 and $442,857 in fiscal year 2005 shall be distributed to the	9766
Cincinnati Museum Center.	9767

OHIO BICENTENNIAL COMMISSION ROYALTIES

9768

Notwithstanding any previous arrangement to the contrary, the	9769
Ohio Bicentennial Commission shall keep the first $100,000 in	9770
earned royalties associated with the Ohio Bicentennial logo during	9771
the 2004-2005 biennium. This $100,000 shall be used to cover the	9772
operating expenses of the Ohio Bicentennial Commission in fiscal	9773
year 2005. The remaining moneys collected from royalties	9774
associated with the Ohio Bicentennial logo shall be deposited into	9775
the General Revenue Fund, of which $350,000 shall be distributed	9776
to the Ohio Historical Society for use in appropriation item	9777
360-403, Adena - Worthington Home.	9778

Sec. 59.  JFS DEPARTMENT OF JOB AND FAMILY SERVICES

9779

General Revenue Fund

9780

General Services Fund Group

9818

Federal Special Revenue Fund Group

9826

State Special Revenue Fund Group

9853

Agency Fund Group

9875

Holding Account Redistribution Fund Group

9880

Sec. 59.29. OHIO COMMISSION TO REFORM MEDICAID

9886

There is hereby established the Ohio Commission to Reform	9887
Medicaid, which shall consist of nine members: three appointed by	9888
the Governor, three appointed by the Speaker of the House of	9889
Representatives, and three appointed by the President of the	9890
Senate. Appointments shall be made not later than ninety days	9891
after the effective date of this sectionJune 26, 2003. All	9892
members shall serve at the pleasure of the appointing authority.	9893
Members shall serve without compensation. Vacancies shall be	9894
filled in the manner of original appointments.	9895

The members of the Commission shall serve without	9896
compensation but shall be reimbursed in accordance with rules	9897
adopted under section 126.31 of the Revised Code for all actual	9898
and necessary expenses incurred on or after the effective date of	9899
this amendment in the performance of their official duties on the	9900
Commission.	9901

The Commission shall conduct a complete review of the state	9902
Medicaid program and shall make recommendations for comprehensive	9903
reform and cost containment. The Commission shall submit a report	9904
of its findings and recommendations to the Governor, Speaker, and	9905
Senate President not later than January 1, 2005.	9906

The Commission may hire a staff director and additional	9907
employees to provide technical support.	9908

The Director of Job and Family Services shall, on behalf of	9909
the Commission, seek federal financial participation for the	9910
administrative costs of the Commission.	9911

Sec. 66.  LIB STATE LIBRARY BOARD

9912

General Revenue Fund

9913

General Services Fund Group

9921

Federal Special Revenue Fund Group

9927

OHIOANA RENTAL PAYMENTS

9932

The foregoing appropriation item 350-401, Ohioana Rental	9933
Payments, shall be used to pay the rental expenses of the Martha	9934
Kinney Cooper Ohioana Library Association pursuant to section	9935
3375.61 of the Revised Code.	9936

CINCINNATI PUBLIC LIBRARY

9937

The foregoing appropriation item 350-501, Cincinnati Public	9938
Library, shall be used for the Talking Book program, which assists	9939
the blind and disabled.	9940

REGIONAL LIBRARY SYSTEMS

9941

The foregoing appropriation item 350-502, Regional Library	9942
Systems, shall be used to support regional library systems	9943
eligible for funding under sectionsections 3375.83 and 3375.90 of	9944
the Revised Code.	9945

CLEVELAND PUBLIC LIBRARY

9946

The foregoing appropriation item 350-503, Cleveland Public	9947
Library, shall be used for the Talking Book program, which assists	9948
the blind and disabled.	9949

OHIO PUBLIC LIBRARY INFORMATION NETWORK

9950

The foregoing appropriation items 350-604, OPLIN Technology,	9951
and, in fiscal year 2005, 350-400, Ohio Public Library Information	9952
Network, shall be used for an information telecommunications	9953
network linking public libraries in the state and such others as	9954
may be certified as participants by the Ohio Public Library	9955
Information Network Board.	9956

The Ohio Public Library Information Network Board shall	9957
consist of eleven members appointed by the State Library Board	9958
from among the staff of public libraries and past and present	9959
members of boards of trustees of public libraries, based on the	9960
recommendations of the Ohio library community. The Ohio Public	9961
Library Information Network Board, in consultation with the State	9962
Library, shall develop a plan of operations for the network. The	9963
board may make decisions regarding use of the foregoing OPLIN	9964
appropriation items 350-400 and 350-604 and may receive and expend	9965
grants to carry out the operations of the network in accordance	9966
with state law and the authority to appoint and fix the	9967
compensation of a director and necessary staff. The State Library	9968
shall be the fiscal agent for the network and shall have fiscal	9969
accountability for the expenditure of funds. The Ohio Public	9970
Library Information Network Board members shall be reimbursed for	9971
actual travel and necessary expenses incurred in carrying out	9972
their responsibilities.	9973

In order to limit access to obscene and illegal materials	9974
through internet use at Ohio Public Library Information Network	9975
(OPLIN) terminals, local libraries with OPLIN computer terminals	9976
shall adopt policies that control access to obscene and illegal	9977
materials. These policies may include use of technological systems	9978
to select or block certain internet access. The OPLIN shall	9979
condition provision of its funds, goods, and services on	9980
compliance with these policies. The OPLIN Board shall also adopt	9981
and communicate specific recommendations to local libraries on	9982
methods to control such improper usage. These methods may include	9983
each library implementing a written policy controlling such	9984
improper use of library terminals and requirements for parental	9985
involvement or written authorization for juvenile internet usage.	9986

The OPLIN Board shall research and assist or advise local	9987
libraries with regard to emerging technologies and methods that	9988
may be effective means to control access to obscene and illegal	9989
materials. The OPLIN Executive Director shall biannually provide	9990
written reports to the Governor, the Speaker and Minority Leader	9991
of the House of Representatives, and the President and Minority	9992
Leader of the Senate on any steps being taken by OPLIN and public	9993
libraries in the state to limit and control such improper usage as	9994
well as information on technological, legal, and law enforcement	9995
trends nationally and internationally affecting this area of	9996
public access and service.	9997

The Ohio Public Library Information Network, InfOhio, and	9998
OhioLink shall, to the extent feasible, coordinate and cooperate	9999
in their purchase or other acquisition of the use of electronic	10000
databases for their respective users and shall contribute funds in	10001
an equitable manner to such effort.	10002

TRANSFER TO OPLIN TECHNOLOGY FUND

10003

Notwithstanding sections 5747.03 and 5747.47 of the Revised	10004
Code and any other provision of law to the contrary, in accordance	10005
with a schedule established by the Director of Budget and	10006
Management, the Director of Budget and Management shall transfer	10007
up to $5,000,000 in fiscal year 2004 from the Library and Local	10008
Government Support Fund (Fund 065) to the OPLIN Technology Fund	10009
(Fund 4S4).	10010

Sec. 89.  BOR BOARD OF REGENTS

10011

General Revenue Fund

10012

General Services Fund Group

10082

Federal Special Revenue Fund Group

10087

State Special Revenue Fund Group

10099

Sec. 89.04. STATE SHARE OF INSTRUCTION

10108

As soon as practicable during each fiscal year of the	10109
2003-2005 biennium in accordance with instructions of the Board of	10110
Regents, each state-assisted institution of higher education shall	10111
report its actual enrollment to the Board of Regents.	10112

The Board of Regents shall establish procedures required by	10113
the system of formulas set out below and for the assignment of	10114
individual institutions to categories described in the formulas.	10115
The system of formulas establishes the manner in which aggregate	10116
expenditure requirements shall be determined for each of the three	10117
components of institutional operations. In addition to other	10118
adjustments and calculations described below, the subsidy	10119
entitlement of an institution shall be determined by subtracting	10120
from the institution's aggregate expenditure requirements income	10121
to be derived from the local contributions assumed in calculating	10122
the subsidy entitlements. The local contributions for purposes of	10123
determining subsidy support shall not limit the authority of the	10124
individual boards of trustees to establish fee levels.	10125

The General Studies and Technical models shall be adjusted by	10126
the Board of Regents so that the share of state subsidy earned by	10127
those models is not altered by changes in the overall local share.	10128
A lower-division fee differential shall be used to maintain the	10129
relationship that would have occurred between these models and the	10130
baccalaureate models had an assumed share of 37 per cent been	10131
funded.	10132

In defining the number of full-time equivalent (FTE) students	10133
for state subsidy purposes, the Board of Regents shall exclude all	10134
undergraduate students who are not residents of Ohio, except those	10135
charged in-state fees in accordance with reciprocity agreements	10136
made pursuant to section 3333.17 of the Revised Code or employer	10137
contracts entered into pursuant to section 3333.32 of the Revised	10138
Code.	10139

(A) AGGREGATE EXPENDITURE PER FULL-TIME EQUIVALENT STUDENT

10140

(1) INSTRUCTION AND SUPPORT SERVICES

10141

(2) STUDENT SERVICES

10157

For this purpose, FTE counts shall be weighted to reflect	10158
differences among institutions in the numbers of students enrolled	10159
on a part-time basis. The student services subsidy per FTE shall	10160
be $822 in fiscal year 2004 and $903 in fiscal year 2005 for all	10161
models.	10162

(B) PLANT OPERATION AND MAINTENANCE (POM)

10163

(1) DETERMINATION OF THE SQUARE-FOOT-BASED POM SUBSIDY

10164

Space undergoing renovation shall be funded at the rate	10165
allowed for storage space.	10166

In the calculation of square footage for each campus, square	10167
footage shall be weighted to reflect differences in space	10168
utilization.	10169

The space inventories for each campus shall be those	10170
determined in the fiscal year 2003 state share of instruction	10171
calculation, adjusted for changes attributable to the construction	10172
or renovation of facilities for which state appropriations were	10173
made or local commitments were made prior to January 1, 1995.	10174

Only 50 per cent of the space permanently taken out of	10175
operation in fiscal year 2004 or fiscal year 2005 that is not	10176
otherwise replaced by a campus shall be deleted from the plant	10177
operation and maintenance space inventory.	10178

The square-foot-based plant operation and maintenance subsidy	10179
for each campus shall be determined as follows:	10180

(a) For each standard room type category shown below, the	10181
subsidy-eligible net assignable square feet (NASF) for each campus	10182
shall be multiplied by the following rates, and the amounts summed	10183
for each campus to determine the total gross square-foot-based POM	10184
expenditure requirement:	10185

(b) The total gross square-foot POM expenditure requirement	10194
shall be allocated to models in proportion to FTE enrollments as	10195
reported in enrollment dataeach campus's activity-based POM	10196
weight multiplied by the two- or five-year average	10197
subsidy-eligible FTEs for all models except Doctoral I and	10198
Doctoral II.	10199

(c) The amounts allocated to models in division (B)(1)(b) of	10200
this section shall be multiplied by the ratio of subsidy-eligible	10201
FTE students to total FTE students reported in each model, and the	10202
amounts summed for all models. To this total amount shall be added	10203
an amount to support roads and grounds expenditures, which shall	10204
also be multiplied by the ratio of subsidy-eligible FTE students	10205
to total FTEs reported for each model. From this total amount, the	10206
amounts for Doctoral I and Doctoral II shall be subtracted to	10207
produce the total square-foot-based POM subsidy.	10208

(2) DETERMINATION OF THE ACTIVITY-BASED POM SUBSIDY

10209

(a) The number of subsidy-eligible FTE students in each model	10210
shall be multiplied by the following rates for each campus for	10211
each fiscal year.	10212

(b) The sum of the products for each campus determined in	10228
division (B)(2)(a) of this section for all models except Doctoral	10229
I and Doctoral II for each fiscal year shall be weighted by a	10230
factor to reflect sponsored research activity and job	10231
training-related public services expenditures to determine the	10232
total activity-based POM subsidy.	10233

(C) CALCULATION OF CORE SUBSIDY ENTITLEMENTS AND ADJUSTMENTS

10234

(1) CALCULATION OF CORE SUBSIDY ENTITLEMENTS

10235

The calculation of the core subsidy entitlement shall consist	10236
of the following components:	10237

(a) For each campus and for each fiscal year, the core	10238
subsidy entitlement shall be determined by multiplying the amounts	10239
listed above in divisions (A)(1) and (2) and (B)(2) of this	10240
section less assumed local contributions, by (i) average	10241
subsidy-eligible FTEs for the two-year period ending in the prior	10242
year for all models except Doctoral I and Doctoral II; and (ii)	10243
average subsidy-eligible FTEs for the five-year period ending in	10244
the prior year for all models except Doctoral I and Doctoral II.	10245

(b) In calculating the core subsidy entitlements for Medical	10246
II models only, the Board of Regents shall use the following count	10247
of FTE students:	10248

(i) For those medical schools whose current year enrollment,	10249
including students repeating terms, is below the base enrollment,	10250
the Medical II FTE enrollment shall equal: 65 per cent of the base	10251
enrollment plus 35 per cent of the current year enrollment	10252
including students repeating terms, where the base enrollment is:	10253

(ii) For those medical schools whose current year enrollment,	10260
excluding students repeating terms, is equal to or greater than	10261
the base enrollment, the Medical II FTE enrollment shall equal the	10262
base enrollment plus the FTE for repeating students.	10263

(iii) Students repeating terms may be no more than five per	10264
cent of current year enrollment.	10265

(c) The Board of Regents shall compute the sum of the two	10266
calculations listed in division (C)(1)(a) of this section and use	10267
the greater sum as the core subsidy entitlement.	10268

The POM subsidy for each campus shall equal the greater of	10269
the square-foot-based subsidy or the activity-based POM subsidy	10270
component of the core subsidy entitlement.	10271

(d) The state share of instruction provided for doctoral	10272
students shall be based on a fixed percentage of the total	10273
appropriation. In each fiscal year of the biennium not more than	10274
10.34 per cent of the total state share of instruction shall be	10275
reserved to implement the recommendations of the Graduate Funding	10276
Commission. It is the intent of the General Assembly that the	10277
doctoral reserve not exceed 10.34 per cent of the total state	10278
share of instruction to implement the recommendations of the	10279
Graduate Funding Commission. The Board of Regents may reallocate	10280
up to two per cent in each fiscal year of the reserve among the	10281
state-assisted universities on the basis of a quality review as	10282
specified in the recommendations of the Graduate Funding	10283
Commission. No such reallocation shall occur unless the Board of	10284
Regents, in consultation with representatives of state-assisted	10285
universities, determines that sufficient funds are available for	10286
this purpose.	10287

The amount so reserved shall be allocated to universities in	10288
proportion to their share of the total number of Doctoral I	10289
equivalent FTEs as calculated on an institutional basis using the	10290
greater of the two-year or five-year FTEs for the period fiscal	10291
year 1994 through fiscal year 1998 with annualized FTEs for fiscal	10292
years 1994 through 1997 and all-term FTEs for fiscal year 1998 as	10293
adjusted to reflect the effects of doctoral review and subsequent	10294
changes in Doctoral I equivalent enrollments. For the purposes of	10295
this calculation, Doctoral I equivalent FTEs shall equal the sum	10296
of Doctoral I FTEs plus 1.5 times the sum of Doctoral II FTEs.	10297

(2) ANNUAL STATE SHARE OF INSTRUCTION FUNDING GUARANTEE

10298

In addition to and after the other adjustment noted above, in	10299
fiscal year 2004, no campus shall receive a state share of	10300
instruction allocation that is less than 100 per cent of the prior	10301
year's state share of instruction amount. In fiscal year 2005, no	10302
campus shall receive a state share of instruction allocation that	10303
is less than 99 per cent of what that campus' state share of	10304
instruction would have been had the allocation in fiscal year 2004	10305
been not less than 99 per cent, rather than 100 per cent, of the	10306
prior year's state share of instruction amount.	10307

(3) CAPITAL COMPONENT DEDUCTION

10308

After all other adjustments have been made, state share of	10309
instruction earnings shall be reduced for each campus by the	10310
amount, if any, by which debt service charged in Am. H.B. No. 748	10311
of the 121st General Assembly, Am. Sub. H.B. No. 850 of the 122nd	10312
General Assembly, Am. H.B. No. 640 of the 123rd General Assembly,	10313
and H.B. No. 675 of the 124th General Assembly for that campus	10314
exceeds that campus's capital component earnings. The sum of the	10315
amounts deducted shall be transferred to appropriation item	10316
235-552, Capital Component, in each fiscal year.	10317

(D) REDUCTIONS IN EARNINGS

10318

If the total state share of instruction earnings in any	10319
fiscal year exceed the total appropriations available for such	10320
purposes, the Board of Regents shall proportionately reduce the	10321
state share of instruction earnings for all campuses by a uniform	10322
percentage so that the system wide sum equals available	10323
appropriations.	10324

(E) EXCEPTIONAL CIRCUMSTANCES

10325

Adjustments may be made to the state share of instruction	10326
payments and other subsidies distributed by the Board of Regents	10327
to state-assisted colleges and universities for exceptional	10328
circumstances. No adjustments for exceptional circumstances may be	10329
made without the recommendation of the Chancellor and the approval	10330
of the Controlling Board.	10331

(F) MID-YEAR APPROPRIATION REDUCTIONS TO THE STATE SHARE OF	10332
INSTRUCTION	10333

The standard provisions of the state share of instruction	10334
calculation as described in the preceding sections of temporary	10335
law shall apply to any reductions made to appropriation line item	10336
235-501, State Share of Instruction, before the Board of Regents	10337
has formally approved the final allocation of the state share of	10338
instruction funds for any fiscal year.	10339

Any reductions made to appropriation line item 235-501, State	10340
Share of Instruction, after the Board of Regents has formally	10341
approved the final allocation of the state share of instruction	10342
funds for any fiscal year, shall be uniformly applied to each	10343
campus in proportion to its share of the final allocation.	10344

(G) DISTRIBUTION OF STATE SHARE OF INSTRUCTION

10345

The state share of instruction payments to the institutions	10346
shall be in substantially equal monthly amounts during the fiscal	10347
year, unless otherwise determined by the Director of Budget and	10348
Management pursuant to section 126.09 of the Revised Code.	10349
Payments during the first six months of the fiscal year shall be	10350
based upon the state share of instruction appropriation estimates	10351
made for the various institutions of higher education according to	10352
Board of Regents enrollment estimates. Payments during the last	10353
six months of the fiscal year shall be distributed after approval	10354
of the Controlling Board upon the request of the Board of Regents.	10355

(H) LAW SCHOOL SUBSIDY

10356

The state share of instruction to state-supported	10357
universities for students enrolled in law schools in fiscal year	10358
2004 and fiscal year 2005 shall be calculated by using the number	10359
of subsidy-eligible FTE law school students funded by state	10360
subsidy in fiscal year 1995 or the actual number of	10361
subsidy-eligible FTE law school students at the institution in the	10362
fiscal year, whichever is less.	10363

Sec. 89.05.  HIGHER EDUCATION - BOARD OF TRUSTEES

10364

Funds appropriated for instructional subsidies at colleges	10365
and universities may be used to provide such branch or other	10366
off-campus undergraduate courses of study and such master's degree	10367
courses of study as may be approved by the Board of Regents.	10368

In providing instructional and other services to students,	10369
boards of trustees of state-assisted institutions of higher	10370
education shall supplement state subsidies by income from charges	10371
to students. Each board shall establish the fees to be charged to	10372
all students, including an instructional fee for educational and	10373
associated operational support of the institution and a general	10374
fee for noninstructional services, including locally financed	10375
student services facilities used for the benefit of enrolled	10376
students. The instructional fee and the general fee shall	10377
encompass all charges for services assessed uniformly to all	10378
enrolled students. Each board may also establish special purpose	10379
fees, service charges, and fines as required; such special purpose	10380
fees and service charges shall be for services or benefits	10381
furnished individual students or specific categories of students	10382
and shall not be applied uniformly to all enrolled students.	10383
Except for the board of trustees of Miami University, in	10384
implementing the pilot tuition restructuring plan recognized by	10385
this act, a tuition surcharge shall be paid by all students who	10386
are not residents of Ohio.	10387

The boards of trustees of individual state-assisted	10388
universities, university branch campuses, community colleges,	10389
state community colleges, and technical colleges shall limit	10390
in-state undergraduate instructional and general fee increases for	10391
an academic year over the amounts charged in the prior academic	10392
year to no more than six per cent. In addition to the six per cent	10393
main campus in-state undergraduate instructional and general fee	10394
increase limit established in this section, the Board of Trustees	10395
of The Ohio State University may authorize an additional	10396
university main campus in-state undergraduate instructional and	10397
general fee increase of three per cent for academic years	10398
2003-2004 and 2004-2005. Except for the board of trustees of the	10399
The Ohio State University, the boards of trustees of individual	10400
state-assisted universities, university branch campuses, community	10401
colleges, state community colleges, and technical colleges shall	10402
not authorize combined instructional and general fee increases of	10403
more than six per cent in a single vote. The board of trustees of	10404
The Ohio State University shall not authorize combined	10405
instructional and general fee increases of more than nine per cent	10406
in a single vote. The boards of trustees of individual	10407
state-assisted universities, university branch campuses, community	10408
colleges, state community colleges, and technical colleges may	10409
authorize an additional 3.9 per cent increase in in-state	10410
undergraduate instructional and general fees in a separate vote.	10411
The additional increase shall only be used for providing	10412
scholarships to low-income students, to be known as Access	10413
Scholarship Grants, or to provide additional or improved	10414
technology services to students. These fee increase limitations	10415
apply even if an institutional board of trustees has, prior to the	10416
effective date of this section, voted to assess a higher fee for	10417
the 2003-2004 academic year. These limitations shall not apply to	10418
increases required to comply with institutional covenants related	10419
to their obligations or to meet unfunded legal mandates or legally	10420
binding obligations incurred or commitments made prior to the	10421
effective date of this actAm. Sub. H.B. 95 of the 125th General	10422
Assembly with respect to which the institution had identified such	10423
fee increases as the source of funds. Any increase required by	10424
such covenants and any such mandates, obligations, or commitments	10425
shall be reported by the Board of Regents to the Controlling	10426
Board. These limitations may also be modified by the Board of	10427
Regents, with the approval of the Controlling Board, to respond to	10428
exceptional circumstances as identified by the Board of Regents.	10429

The board of trustees of a state-assisted institution of	10430
higher education shall not authorize a waiver or nonpayment of	10431
instructional fees or general fees for any particular student or	10432
any class of students other than waivers specifically authorized	10433
by law or approved by the Chancellor. This prohibition is not	10434
intended to limit the authority of boards of trustees to provide	10435
for payments to students for services rendered the institution,	10436
nor to prohibit the budgeting of income for staff benefits or for	10437
student assistance in the form of payment of such instructional	10438
and general fees. This prohibition is not intended to limit the	10439
authority of the board of trustees of Miami University in	10440
providing financial assistance to students in implementing the	10441
pilot tuition restructuring plan recognized by this act.	10442

Except for Miami University, in implementing the pilot	10443
tuition restructuring plan recognized by this act, each	10444
state-assisted institution of higher education in its statement of	10445
charges to students shall separately identify the instructional	10446
fee, the general fee, the tuition charge, and the tuition	10447
surcharge. Fee charges to students for instruction shall not be	10448
considered to be a price of service but shall be considered to be	10449
an integral part of the state government financing program in	10450
support of higher educational opportunity for students.	10451

In providing the appropriations in support of instructional	10452
services at state-assisted institutions of higher education and	10453
the appropriations for other instruction it is the intent of the	10454
General Assembly that faculty members shall devote a proper and	10455
judicious part of their work week to the actual instruction of	10456
students. Total class credit hours of production per quarter per	10457
full-time faculty member is expected to meet the standards set	10458
forth in the budget data submitted by the Board of Regents.	10459

The authority of government vested by law in the boards of	10460
trustees of state-assisted institutions of higher education shall	10461
in fact be exercised by those boards. Boards of trustees may	10462
consult extensively with appropriate student and faculty groups.	10463
Administrative decisions about the utilization of available	10464
resources, about organizational structure, about disciplinary	10465
procedure, about the operation and staffing of all auxiliary	10466
facilities, and about administrative personnel shall be the	10467
exclusive prerogative of boards of trustees. Any delegation of	10468
authority by a board of trustees in other areas of responsibility	10469
shall be accompanied by appropriate standards of guidance	10470
concerning expected objectives in the exercise of such delegated	10471
authority and shall be accompanied by periodic review of the	10472
exercise of this delegated authority to the end that the public	10473
interest, in contrast to any institutional or special interest,	10474
shall be served.	10475

The General Assembly recognizes the pilot tuition	10476
restructuring plan of the board of trustees of Miami University	10477
for undergraduate students enrolled at the Oxford campus. The	10478
purpose of this plan is to make higher education more affordable	10479
for moderate income Ohioans, encourage high-achieving Ohio	10480
students to stay in Ohio rather than attending colleges in other	10481
states, and provide incentives for Ohio students to major in areas	10482
crucial to Ohio's priorities and future economic development.	10483

Notwithstanding any limit on in-state undergraduate	10484
instructional and general fees imposed by this act, the General	10485
Assembly recognizes that the plan will provide that all	10486
undergraduate students enrolled at the Oxford campus will be	10487
charged combined instructional and general fees in an amount equal	10488
to the nonresident instructional and general fees and tuition	10489
surcharge. For both resident student first enrolling on or after	10490
the summer term of 2003 and resident students who enrolled prior	10491
to this date, any increases in fees approved thereafter by the	10492
board of trustees are subject to any instructional and general fee	10493
caps imposed by the General Assembly.	10494

The General Assembly recognizes that the plan provides that	10495
all students who are residents of Ohio will receive student	10496
financial assistance in an amount to be determined by the	10497
University.	10498

The General Assembly recognizes that the plan provides that,	10499
for any resident student who enrolls at the Miami University	10500
Oxford campus prior to August 2004, the plan will have no direct	10501
financial impact except for paper changes on invoices so that such	10502
a student would only pay instructional and general fees in an	10503
amount equivalent to what the student was charged in the preceding	10504
year in addition to any increases in fees approved by the board of	10505
trustees.	10506

Sec. 89.08. CASE WESTERN RESERVE UNIVERSITY SCHOOL OF	10507
MEDICINE	10508

The foregoing appropriation item 235-515, Case Western	10509
Reserve University School of Medicine, shall be disbursed to Case	10510
Western Reserve University through the Board of Regents in	10511
accordance with agreements entered into as provided for by section	10512
3333.10 of the Revised Code, provided that the state support per	10513
full-time medical student shall not exceed that provided to	10514
full-time medical students at state universities.	10515

CAPITAL SCHOLARSHIP PROGRAM

10516

The foregoing appropriation item 235-518, Capital Scholarship	10517
Program, shall be used by the Board of Regents to provide	10518
scholarships to undergraduates of Ohio's four-year public and	10519
private institutions of higher education participating in the	10520
Washington Center Internship Program. A scholarship of $1,800	10521
shall be awarded to students enrolled in an institution operating	10522
on a quarter system, and a scholarship of $2,300 shall be awarded	10523
to students enrolled in an institution operating on a semester	10524
system. The number of scholarships awarded shall be limited by the	10525
amounts appropriated in fiscal years 2004 and 2005. The Washington	10526
Center shall match the scholarships awarded to students as	10527
follows: $1,200 for students enrolled in an institution operating	10528
on a quarter system, and $1,700 for students enrolled in an	10529
institution operating on a semester system.	10530

FAMILY PRACTICE, GERIATRIC MEDICINE, AND PRIMARY CARE	10531
RESIDENCIES	10532

The Board of Regents shall develop plans consistent with	10533
existing criteria and guidelines as may be required for the	10534
distribution of appropriation items 235-519, Family Practice,	10535
235-525, Geriatric Medicine, and 235-526, Primary Care	10536
Residencies.	10537

SHAWNEE STATE SUPPLEMENT

10538

The foregoing appropriation item 235-520, Shawnee State	10539
Supplement, shall be used by Shawnee State University as detailed	10540
by both of the following:	10541

(A) To allow Shawnee State University to keep its	10542
undergraduate fees below the statewide average, consistent with	10543
its mission of service to an economically depressed Appalachian	10544
region;	10545

(B) To allow Shawnee State University to employ new faculty	10546
to develop and teach in new degree programs that meet the needs of	10547
Appalachians.	10548

POLICE AND FIRE PROTECTION

10549

The foregoing appropriation item 235-524, Police and Fire	10550
Protection, shall be used for police and fire services in the	10551
municipalities of Kent, Athens, Oxford, Fairborn, Bowling Green,	10552
Portsmouth, Xenia Township (Greene County), Rootstown Township,	10553
and the City of Nelsonville that may be used to assist these local	10554
governments in providing police and fire protection for the	10555
central campus of the state-affiliated university located therein.	10556
Each participating municipality and township shall receive at	10557
least $5,000 each year. Funds shall be distributed according to	10558
the methodology employed by the Board of Regents in the previous	10559
biennium.	10560

PRIMARY CARE RESIDENCIES

10561

The foregoing appropriation item 235-526, Primary Care	10562
Residencies, shall be distributed in each fiscal year of the	10563
biennium, based on whether or not the institution has submitted	10564
and gained approval for a plan. If the institution does not have	10565
an approved plan, it shall receive five per cent less funding per	10566
student than it would have received from its annual allocation.	10567
The remaining funding shall be distributed among those	10568
institutions that meet or exceed their targets.	10569

OHIO AEROSPACE INSTITUTE

10570

The foregoing appropriation item 235-527, Ohio Aerospace	10571
Institute, shall be distributed by the Board of Regents under	10572
section 3333.042 of the Revised Code.	10573

ACADEMIC SCHOLARSHIPS

10574

The foregoing appropriation item 235-530, Academic	10575
Scholarships, shall be used to provide academic scholarships to	10576
students under section 3333.22 of the Revised Code.	10577

STUDENT CHOICE GRANTS

10578

The foregoing appropriation item 235-531, Student Choice	10579
Grants, shall be used to support the Student Choice Grant Program	10580
created by section 3333.27 of the Revised Code. The unencumbered	10581
balance of appropriation item 235-531, Student Choice Grants, at	10582
the end of fiscal year 2004 shall be transferred to fiscal year	10583
2005 for use under the same appropriation item to maintain grant	10584
award amounts in fiscal year 2005 equal to the awards provided in	10585
fiscal year 2004. The amounts transferred are hereby appropriated.	10586

STUDENT WORKFORCE DEVELOPMENT GRANTS

10587

The foregoing appropriation item 235-534, Student Workforce	10588
Development Grants, shall be used to support the Student Workforce	10589
Development Grant Program. Of the appropriated funds available,	10590
the Board of Regents shall distribute grants to each eligible	10591
student in an academic year. The size of each grant award shall be	10592
determined by the Board of Regents based on the amount of funds	10593
available for the program.	10594

OHIO AGRICULTURAL RESEARCH AND DEVELOPMENT CENTER

10595

The foregoing appropriation item 235-535, Ohio Agricultural	10596
Research and Development Center, shall be disbursed through the	10597
Board of Regents to The Ohio State University in monthly payments,	10598
unless otherwise determined by the Director of Budget and	10599
Management pursuant to section 126.09 of the Revised Code. The	10600
Ohio Agricultural Research and Development Center shall not be	10601
required to remit payment to The Ohio State University during the	10602
2003-2005 biennium for cost reallocation assessments. The cost	10603
reallocation assessments include, but are not limited to, any	10604
assessment on state appropriations to the center. The Ohio	10605
Agricultural Research and Development Center, in conjunction with	10606
the Third Frontier Commission, shall provide for an independently	10607
evaluated self-study of research excellence and commercial	10608
relevance in a manner to be prescribed by the Third Frontier	10609
Commission.	10610

Of the foregoing appropriation item 235-535, Ohio	10611
Agricultural Research and Development Center, $470,164 in fiscal	10612
year 2004 and $458,410 in fiscal year 2005 shall be used to	10613
purchase equipment.	10614

Of the foregoing appropriation item 235-535, Ohio	10615
Agricultural Research and Development Center, $827,141 in fiscal	10616
year 2004 and $806,463 in fiscal year 2005 shall be distributed to	10617
the Piketon Agricultural Research and Extension Center.	10618

Of the foregoing appropriation item 235-535, Ohio	10619
Agricultural Research and Development Center, $217,669 in fiscal	10620
year 2004 and $212,227 in fiscal year 2005 shall be distributed to	10621
the Raspberry/Strawberry-Ellagic Acid Research program at theThe	10622
Ohio State University Medical College in cooperation with theThe	10623
Ohio State University College of Agriculture.	10624

Of the foregoing appropriation item 235-535, Ohio	10625
Agricultural Research and Development Center, $43,534 in fiscal	10626
year 2004 and $42,445 in fiscal year 2005 shall be used to support	10627
the Ohio Berry Administrator.	10628

Of the foregoing appropriation item 235-535, Ohio	10629
Agricultural Research and Development Center, $87,067 in fiscal	10630
year 2004 and $84,890 in fiscal year 2005 shall be used for the	10631
development of agricultural crops and products not currently in	10632
widespread production in Ohio, in order to increase the income and	10633
viability of family farmers.	10634

STATE UNIVERSITY CLINICAL TEACHING

10635

The foregoing appropriation items 235-536, The Ohio State	10636
University Clinical Teaching; 235-537, University of Cincinnati	10637
Clinical Teaching; 235-538, Medical College of Ohio at Toledo	10638
Clinical Teaching; 235-539, Wright State University Clinical	10639
Teaching; 235-540, Ohio University Clinical Teaching; and 235-541,	10640
Northeastern Ohio Universities College of Medicine Clinical	10641
Teaching, shall be distributed through the Board of Regents.	10642

Of the foregoing appropriation item 235-539, Wright State	10643
University Clinical Teaching, $124,644 in each fiscal year of the	10644
biennium shall be for the use of Wright State University's Ellis	10645
Institute for Clinical Teaching Studies to operate the clinical	10646
facility to serve the Greater Dayton area.	10647

SCHOOL OF INTERNATIONAL BUSINESS

10648

Of the foregoing appropriation item 235-547, School of	10649
International Business, $901,975 in fiscal year 2004 and $879,426	10650
in fiscal year 2005 shall be used for the continued development	10651
and support of the School of International Business of the state	10652
universities of northeast Ohio. The money shall go to the	10653
University of Akron. These funds shall be used by the university	10654
to establish a School of International Business located at the	10655
University of Akron. It may confer with Kent State University,	10656
Youngstown State University, and Cleveland State University as to	10657
the curriculum and other matters regarding the school.	10658

Of the foregoing appropriation item 235-547, School of	10659
International Business, $181,318 in fiscal year 2004 and $176,785	10660
in fiscal year 2005 shall be used by the University of Toledo	10661
College of Business for expansion of its international business	10662
programs.	10663

Of the foregoing appropriation item 235-547, School of	10664
International Business, $181,318 in fiscal year 2004 and $176,785	10665
in fiscal year 2005 shall be used to support theThe Ohio State	10666
University BioMEMS program.	10667

PART-TIME STUDENT INSTRUCTIONAL GRANTS

10668

The foregoing appropriation item 235-549, Part-time Student	10669
Instructional Grants, shall be used to support a grant program for	10670
part-time undergraduate students who are Ohio residents and who	10671
are enrolled in degree granting programs.	10672

Eligibility for participation in the program shall include	10673
degree granting educational institutions that hold a certificate	10674
of registration from the State Board of Career Colleges and	10675
Schools, and nonprofit institutions that have a certificate of	10676
authorization issued pursuant to Chapter 1713. of the Revised	10677
Code, as well as state-assisted colleges and universities. Grants	10678
shall be given to students on the basis of need, as determined by	10679
the college, which, in making these determinations, shall give	10680
special consideration to single-parent heads-of-household and	10681
displaced homemakers who enroll in an educational degree program	10682
that prepares the individual for a career. In determining need,	10683
the college also shall consider the availability of educational	10684
assistance from a student's employer. It is the intent of the	10685
General Assembly that these grants not supplant such assistance.	10686

Sec. 89.11. OHIO RESOURCE CENTER FOR MATHEMATICS, SCIENCE,	10687
AND READING	10688

The foregoing appropriation item 235-588, Ohio Resource	10689
Center for Mathematics, Science, and Reading, shall be used to	10690
support a resource center for mathematics, science, and reading to	10691
be located at a state-assisted university for the purpose of	10692
identifying best educational practices in primary and secondary	10693
schools and establishing methods for communicating them to	10694
colleges of education and school districts. The Ohio Resource	10695
Center for Mathematics, Science, and Reading shall not make	10696
available resources that are inconsistent with the K-12 science	10697
standards and policies as adopted by the State Board of Education.	10698

INTERNATIONAL CENTER FOR WATER RESOURCES DEVELOPMENT

10699

The foregoing appropriation item 235-595, International	10700
Center for Water Resources Development, shall be used to support	10701
the International Center for Water Resources Development at	10702
Central State University. The center shall develop methods to	10703
improve the management of water resources for Ohio and for	10704
emerging nations.	10705

HAZARDOUS MATERIALS PROGRAM

10706

The foregoing appropriation item 235-596, Hazardous Materials	10707
Program, shall be disbursed to Cleveland State University for the	10708
operation of a program to certify firefighters for the handling of	10709
hazardous materials. Training shall be available to all Ohio	10710
firefighters.	10711

Of the foregoing appropriation item 235-596, Hazardous	10712
Materials Program, $130,601 in fiscal year 2004 and $127,337 in	10713
fiscal year 2005 shall be used to support the Center for the	10714
Interdisciplinary Study of Education and Leadership in Public	10715
Service at Cleveland State University. These funds shall be	10716
distributed by the Board of Regents and shall be used by the	10717
center targeted toward increasing the role of special populations	10718
in public service and not-for-profit organizations. The primary	10719
purpose of the center is to study issues in public service and to	10720
guide strategies for attracting new communities into public	10721
service occupations by bringing together a cadre of researchers,	10722
scholars, and professionals representing the public	10723
administration, social behavioral, and education disciplines.	10724

NATIONAL GUARD SCHOLARSHIP PROGRAM

10725

The foregoing appropriation item 235-599, National Guard	10726
Scholarship Program, shall be used to fund program costs,	10727
including summer session, under division (D)(1) of section 5919.34	10728
of the Revised Code. The Board of Regents shall disburse funds	10729
from appropriation item 235-599, National Guard Scholarship	10730
Program, at the direction of the Adjutant General. The	10731
unencumbered and unused balance of appropriation item 235-599,	10732
National Guard Scholarship Program, at the end of fiscal year 2004	10733
is transferred to fiscal year 2005 for use under the same	10734
appropriation item.	10735

* PLEDGE OF FEES

10736

Any new pledge of fees, or new agreement for adjustment of	10737
fees, made in the 2003-2005 biennium to secure bonds or notes of a	10738
state-assisted institution of higher education for a project for	10739
which bonds or notes were not outstanding on the effective date of	10740
this sectionSeptember 26, 2003, shall be effective only after	10741
approval by the Board of Regents, unless approved in a previous	10742
biennium.	10743

HIGHER EDUCATION GENERAL OBLIGATION DEBT SERVICE

10744

The foregoing appropriation item 235-909, Higher Education	10745
General Obligation Debt Service, shall be used to pay all debt	10746
service and related financing costs at the times they are required	10747
to be made pursuant to sections 151.01 and 151.04 of the Revised	10748
Code during the period from July 1, 2003, to June 30, 2005. The	10749
Office of the Sinking Fund or the Director of Budget and	10750
Management shall effectuate the required payments by an intrastate	10751
transfer voucher.	10752

Sec. 145.  FEDERAL JOBS AND GROWTH TAX RELIEF RECONCILIATION	10753
ACT OF 2003	10754

(A) The enhanced federal medical assistance percentage (FMAP)	10755
rate is authorized pursuant to the Federal Jobs and Growth Relief	10756
Reconciliation Act of 2003 for the third and fourth calendar	10757
quarters of federal fiscal year 2003 and the first, second, and	10758
third calendar quarters of federal fiscal year 2004. During this	10759
period, the reimbursement rate for all Medicaid service	10760
expenditures paid by state or local entities shall be the	10761
non-enhanced rate.	10762

(B) During the quarters that the enhanced FMAP rate is	10763
authorized pursuant to the Federal Jobs and Growth Relief	10764
Reconciliation Act of 2003, when drawing FMAP to the state	10765
treasury for Medicaid services paid by the Department of Job and	10766
Family Services or other state or local entities, the Department	10767
of Job and Family Services shall deposit the amount of federal	10768
revenue attributable to the enhanced FMAP that is being made	10769
available to the Federal Fiscal Relief Fund, which is hereby	10770
created in the state treasury. The disposition of cash from this	10771
fund shall occur as follows:	10772

(1) On a schedule to be determined by the Office of Budget	10773
and Management, the Director of Budget and Management shall make	10774
cash transfers to the Medicaid Reserve Fund, which is hereby	10775
created in the state treasury. The total amount transferred shall	10776
be up to $18,611,156 in state fiscal year 2004 and up to	10777
$90,851,972 in state fiscal year 2005. The Director of Job and	10778
Family Services shall make requests to the Director of Budget and	10779
Management as necessary to increase the appropriation in	10780
appropriation item 600-525, Health Care/Medicaid. The Director of	10781
Budget and Management shall transfer the state share of such	10782
amounts from the Medicaid Reserve Fund to the General Revenue	10783
Fund. The transferred amount plus the federal share associated	10784
with this amount is hereby appropriated. The Department of Job and	10785
Family Services shall use this appropriation authority to pay	10786
claims for Medicaid services.	10787

(2) After the amounts in division (B)(1) of this section have	10788
been transferred,The Director of Budget and Management shall	10789
determine the amount of enhanced reimbursement that is	10790
attributable to Medicaid expenditures for which the state share	10791
was paid by one of the following entities: county boards of mental	10792
retardation and developmental disabilities; boards of mental	10793
health; boards of alcohol, drug addiction, and mental health	10794
services; boards of alcohol and drug addiction services; and any	10795
other entity that qualifies under the Federal Jobs and Growth Tax	10796
Relief Reconciliation Act of 2003. On a schedule to be determined	10797
by the Office of Budget and Management, the Director of Budget and	10798
Management shall make cash transfers of these amounts from the	10799
Federal Fiscal Relief Fund to the Interagency Reimbursement Fund.	10800
The appropriation in appropriation item 600-655, Interagency	10801
Reimbursement, is hereby increased by these amounts in order to	10802
transfer the enhanced reimbursement to other agencies. If	10803
necessary, the Office of Budget and Management shall seek	10804
Controlling Board approval to increase appropriations in federal	10805
appropriation items used by the Department of Mental Retardation	10806
and Developmental Disabilities, the Department of Mental Health,	10807
and the Department of Alcohol and Drug Addiction Services in order	10808
for these departments to pass the enhanced federal share to the	10809
aforementioned local entities. The Department of Mental	10810
Retardation and Developmental Disabilities, the Department of	10811
Mental Health, and the Department of Alcohol and Drug Addiction	10812
Services shall distribute such amounts to the boards or entities	10813
as listed in this section based on the direction of the Office of	10814
Budget and Management.	10815

(3) On a schedule to be determined by the Office of Budget	10816
and Management, the Director of Budget and Management shallmay	10817
transfer the remainder of cash not required by division (B)(1) or	10818
(B)(2) of this section in the Federal Fiscal Relief Fund to the	10819
General Revenue Fund on a schedule to be determined by the Office	10820
of Budget and Management.	10821

Section 65. That existing Sections 8.04, 12, 41.06, 41.13,	10822
55, 59, 59.29, 66, 89, 89.04, 89.05, 89.08, 89.11, and 145 of Am.	10823
Sub. H.B. 95 of the 125th General Assembly are hereby repealed.	10824

Section 66. (A) Except as otherwise provided in division (B)	10825
of this section, the amendment by this act of sections of Am. Sub.	10826
H.B. 95 of the 125th General Assembly, and the items of which the	10827
amendments are composed, are not subject to the referendum.	10828
Therefore, under Ohio Constitution, Article II, Section 1d and	10829
section 1.471 of the Revised Code, the amendments of those	10830
sections, and the items of which the amendments are composed, go	10831
into immediate effect when this act becomes law.	10832

(B) The amendment by this act of Section 12 of Am. Sub. H.B.	10833
95 of the 125th General Assembly, and the items of which the	10834
amendment is composed, are subject to the referendum. Therefore,	10835
under Ohio Constitution, Article II, Section 1c and section 1.471	10836
of the Revised Code, the amendment, and the items of which the	10837
amendment is composed, take effect on the ninety-first day after	10838
this act is filed with the Secretary of State. However, if a	10839
referendum petition is filed against the amendment, or an item of	10840
which it is composed, the amendment, or item, unless rejected at	10841
the referendum, takes effect at the earliest time permitted by	10842
law.	10843

Section 67. Notwithstanding section 3302.03 of the Revised	10844
Code, no school district shall receive a performance rating, as	10845
designated pursuant to division (B) of that section, for the	10846
2003-2004 school year that is lower than the performance rating	10847
the district received for the 2002-2003 school year if both of the	10848
following apply to the district:	10849

(A) The district's performance index score for the 2003-2004	10850
school year is higher than its performance index score for the	10851
2002-2003 school year;	10852

(B) The district achieves at least the same number of	10853
performance indicators created by the State Board of Education	10854
under section 3302.02 of the Revised Code for the 2003-2004 school	10855
year that it achieved for the 2002-2003 school year from among	10856
those indicators based on student performance on the fourth and	10857
sixth grade proficiency tests and on the ninth grade proficiency	10858
tests administered to students enrolled in tenth grade.	10859

Section 68. (A) This section shall apply only to a local	10860
school district that ceded part of its territory to one or more	10861
new local school districts created by resolution of an educational	10862
service center pursuant to either former section 3311.26 of the	10863
Revised Code, as it existed prior to September 26, 2003, or the	10864
second to last paragraph of the version of that section in effect	10865
on and after that date.	10866

(B) Notwithstanding division (B) of section 3311.059 of the	10867
Revised Code, as amended by this act, if the board of education of	10868
a local school district to which this section applies adopts a	10869
resolution pursuant to division (A) of that section within two	10870
years after the latest date that a new local school district is	10871
created from the district's territory, both of the following	10872
apply:	10873

(1) The resolution is not subject to approval by the State	10874
Board of Education;	10875

(2) The school district's annexation to the educational	10876
service center named in the resolution shall take effect the first	10877
day of July following the latest of:	10878

(a) Sixty days after the board of education adopts the	10879
resolution;	10880

(b) The date the board of elections certifies the	10881
insufficiency of signatures on a referendum petition as provided	10882
in division (C) of that section;	10883

(c) The date the board of elections certifies that a majority	10884
of the electors voting on the referendum election as provided in	10885
division (C) of that section approves the resolution.	10886

(C) This section is not subject to the referendum. Therefore,	10887
under Ohio Constitution, Article II, Section 1d and section 1.471	10888
of the Revised Code, this section goes into immediate effect when	10889
this act becomes law.	10890

Section 69. The Sports Facilities Building Fund (Fund 024)	10891
previously created by section 3383.09 of the Revised Code shall be	10892
closed and any unexpended balance or earnings shall be transferred	10893
and credited to the Arts and Sports Facilities Building Fund (Fund	10894
030) created by section 3383.09 of the Revised Code, as amended by	10895
this act, and segregated within the Arts and Sports Facilities	10896
Building Fund and used, with any investment earnings on such	10897
amounts, to pay costs of Ohio sports facilities.	10898

Any unencumbered and unallotted appropriations set forth in	10899
Section 9.01 of H.B. 675 and Section 14 of Am. Sub. H.B. 524 of	10900
the 124th General Assembly that were appropriated out of any money	10901
in the state treasury to the credit of the Sports Facilities	10902
Building Fund are hereby transferred to the Arts and Sports	10903
Facilities Building Fund, subject to the conditions specified in	10904
those sections. Any encumbrances on the Sports Facilities Building	10905
Fund are hereby cancelled and re-established in the Arts and	10906
Sports Facilities Building Fund.	10907

Any heretofore unutilized amounts of separate authorizations	10908
to issue and sell obligations granted to the Ohio Building	10909
Authority by prior acts of the General Assembly pursuant to	10910
Section 2i of Article VIII, Ohio Constitution, and Chapter 152.	10911
and any other applicable provisions of the Revised Code, to pay	10912
costs of capital facilities or improvements for Ohio arts	10913
facilities and for Ohio sports facilities are hereby combined into	10914
a common authorization. The Ohio Building Authority is hereby	10915
authorized to issue and sell those obligations, in accordance with	10916
and subject to the applicable limitations in Section 2i of Article	10917
VIII, Ohio Constitution, and Chapter 152. and other applicable	10918
provisions of the Revised Code, to pay the costs of capital	10919
facilities consisting of Ohio arts facilities and Ohio sports	10920
facilities, as defined in section 3383.01 of the Revised Code.	10921

Section 70. Not later than June 30, 2005, the Director of	10922
Mental Health shall revise rule 5122-29-06 of the Administrative	10923
Code regarding the certification standards for the	10924
partial-hospitalization community mental health service. As part	10925
of the revision, the Director shall address client eligibility	10926
criteria.	10927

Section 71. JOB AND FAMILY SERVICES - CHILDREN AND FAMILY	10928
SUBSIDY	10929

In fiscal year 2004, appropriation item 600-523, Children and	10930
Family Subsidy, shall be increased by $4,524,074 to pay for foster	10931
care training that occurred in a prior fiscal year. This amount is	10932
hereby appropriated.	10933

This section is not subject to the referendum. Therefore,	10934
under Ohio Constitution, Article II, Section 1d and section 1.471	10935
of the Revised Code, this section goes into immediate effect when	10936
this act becomes law.	10937

Section 72. ADJ ADJUTANT GENERAL – OUTER TACTICAL VESTS WITH	10938
CERAMIC INSERTS	10939

In fiscal years 2004 and 2005, if the Adjutant General	10940
determines that state funding is needed to purchase outer tactical	10941
vests with ceramic inserts for any member of the Ohio National	10942
Guard who is sent into "Operation Iraqi Freedom," "Operation	10943
Enduring Freedom," or any other combat zone, the Adjutant General,	10944
in consultation with the Director of Budget and Management, may	10945
seek approval of the Controlling Board for such funding from funds	10946
appropriated to General Revenue Fund appropriation item 911-401,	10947
Emergency Purposes/Contingencies, of the Controlling Board.	10948

As used in this section, "Operation Iraqi Freedom" means the	10949
period of conflict that began March 20, 2003, and ends on a date	10950
declared by the President of the United States or the Congress.	10951

As used in this section, "Operation Enduring Freedom" means	10952
the period of conflict that began October 7, 2001, and ends on a	10953
date declared by the President of the United States or the	10954
Congress.	10955

As used in this section, "combat zone" means an area that the	10956
President of the United States by executive order designates, for	10957
purposes of 26 U.S.C. 112, as an area in which armed forces of the	10958
United States are or have engaged in combat.	10959

Section 73. The amendment by this act of section 6301.03 of	10960
the Revised Code applies on and after July 1, 2004. Local areas	10961
and sub-recipients of a local area may continue to use the public	10962
assistance fund to facilitate close out of workforce development	10963
activities conducted pursuant to the "Workforce Investment Act of	10964
1998," 112 Stat. 936, 29 U.S.C.A. 2801, as amended, or Chapter	10965
6301. of the Revised Code that occurred prior to July 1, 2004.	10966

Section 74. Except as otherwise specifically provided in this	10967
act, the codified and uncodified sections of law amended or	10968
enacted by this act, and the items of law of which the codified	10969
and uncodified sections of law amended or enacted by this act are	10970
composed, are subject to the referendum. Therefore, under section	10971
1c of Article II, Ohio Constitution and section 1.471 of the	10972
Revised Code, the codified and uncodified sections of law amended	10973
or enacted by this act, and the items of law of which the codified	10974
and uncodified sections amended or enacted by this act are	10975
composed, take effect on the ninety-first day after this act is	10976
filed with the Secretary of State. If, however, a referendum	10977
petition is filed against any such codified or uncodified section	10978
of law as amended or enacted by this act, or against any item of	10979
law of which any such codified or uncodified section of law as	10980
amended or enacted by this act is composed, the codified or	10981
uncodified section of law as amended or enacted, or item of law,	10982
unless rejected at the referendum, takes effect at the earliest	10983
time permitted by law.	10984

Section 75. The repeal by this act of sections 152.101 and	10985
901.85 of the Revised Code is subject to the referendum.	10986
Therefore, under Ohio Constitution, Article II, Section 1c and	10987
section 1.471 of the Revised Code, the repeals take effect on the	10988
ninety-first day after this act is filed with the Secretary of	10989
State. However, if a referendum petition is filed against either	10990
of the repeals, the repeal, unless rejected at the referendum,	10991
takes effect at the earliest time permitted by law.	10992

Section 76. The amendment by this act of sections 124.15,	10993
124.152, 124.181, 124.183, 124.382, 126.32, 175.21, 3311.059,	10994
4701.03, and 5111.022 of the Revised Code, and the items of which	10995
the amendments are composed, are not subject to the referendum.	10996
Therefore, under Ohio Constitution, Article II, Section 1d and	10997
section 1.471 of the Revised Code, the amendment by this act of	10998
those sections, and the items of which the amendments are	10999
composed, go into immediate effect when this act becomes law.	11000

Section 77. If any item of law that constitutes the whole or	11001
part of a codified or uncodified section of law contained in this	11002
act, or if any application of any item of law that constitutes the	11003
whole or part of a codified or uncodified section of law contained	11004
in this act, is held invalid, the invalidity does not affect other	11005
items of law or applications of items of law that can be given	11006
effect without the invalid item of law or application. To this	11007
end, the items of law of which the codified and uncodified	11008
sections of law contained in this act are composed, and their	11009
applications, are independent and severable.	11010