As Introduced

126th General Assembly Regular Session 2005-2006

H. B. No. 16

Representative Calvert 

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A BILL

To amend sections 9.98, 105.41, 123.10, 125.28,

1

126.11, 131.02, 133.01, 151.01, 154.01, 154.02,

2

154.07, 755.16, 755.18, 2716.11, 3318.01, 3318.02,

3

3318.03, 3318.04, 3318.11, 3318.37, 3318.41,

4

3345.50, 3383.01, 3383.02, 3383.07, 3770.073,

5

5537.01, 5540.01, 5709.61, 5709.62, 5709.632,

6

5709.75, 5709.91, 5733.121, and 5747.12, to enact

7

sections 105.42, 122.012, 123.17, 131.021, 154.23,

8

1541.23, 2743.712, 3301.21, 3333.072, 3345.51,

9

5715.70, and 5715.701, and to repeal section

10

123.023 of the Revised Code and to amend Sections

11

6 and 31 of Am. Sub. H.B. 95 of the 125th General

12

Assembly and to amend Sections 18.02, 18.16, 22,

13

26.10, 26.14, 26.19, 26.48, and 27 of Am. Sub.

14

S.B. 189 of the 125th General Assembly to make

15

capital and other appropriations, and to provide

16

authorization and conditions for the operation of

17

state programs.

18

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

Section 1. That sections 9.98, 105.41, 123.10, 125.28,	19
126.11, 131.02, 133.01, 151.01, 154.01, 154.02, 154.07, 755.16,	20
755.18, 2716.11, 3318.01, 3318.02, 3318.03, 3318.04, 3318.11,	21
3318.37, 3318.41, 3345.50, 3383.01, 3383.02, 3383.07, 3770.073,	22
5537.01, 5540.01, 5709.61, 5709.62, 5709.632, 5709.75, 5709.91,	23
5733.121, and 5747.12 be amended and sections 105.42, 122.012,	24
123.17, 131.021, 154.23, 1541.23, 2743.712, 3301.21, 3333.072,	25
3345.51, 5715.70, and 5715.701 of the Revised Code be enacted to	26
read as follows:	27

Sec. 9.98.  As used in sections 9.98 to 9.983 of the Revised	28
Code:	29

(A) "Absolute obligor" means the person, other than the	30
issuer, ultimately responsible under a loan agreement, lease, or	31
sale or installment sale agreement, or other contract with the	32
issuer to make payments necessary to provide adequate moneys to	33
meet the debt service on the bonds, whether or not such payments	34
are also provided for pursuant to a credit facility.	35

(B) "Administrative agent" means a bank, trust company, or	36
other person which has responsibility for authenticating,	37
delivering, or redeeming commercial paper on behalf of the issuer.	38

(C) "Agent" means, as applicable, one or more of the persons	39
who are administrative agents, indexing agents, remarketing	40
agents, or other persons having responsibility for performing	41
functions with respect to floating rate interest structures or put	42
arrangmentsarrangements.	43

(D) "Bonds" means bonds, notes, or other obligations	44
evidencing the borrowing of money, whether or not interest	45
bearing, or in coupon, registered, or book entry form, and	46
includes, as appropriate, coupons or interest, if any, pertaining	47
thereto.	48

(E) "Bond proceedings" means resolutions, ordinances, orders,	49
trust agreements, indentures, and bonds, loan, sale, or	50
installment sale agreements, agreements with administrative,	51
indexing, or remarketing agents, and agreements pertaining to	52
credit facilities, interest rate hedges, and put arrangements,	53
which authorize or provide for the terms, security, liquidity,	54
issuance, marketing, remarketing, delivery, carrying, redemption,	55
or payment of bonds issued or previously authorized to be issued,	56
or the investment of moneys pertaining to those bonds.	57

(F) "Commercial paper" means bonds with one or more	58
maturities of three hundred sixty-five days or less which, under	59
the bond proceedings, are expected to be funded by the issuance of	60
additional bonds with maturities of three hundred sixty-five days	61
or less, whether or not ultimately to be funded with long term	62
bonds.	63

(G) "Credit facility" means letters of credit, lines of	64
credit, stand-by, contingent, or firm bond purchase agreements,	65
insurance or surety arrangements, and guarantees, and other	66
arrangements which provide for direct payment of debt service on	67
bonds, for security or for additional security in the event of	68
nonpayment or default in respect of bonds, or for making payment	69
to bondholders under put arrangements, or for otherwise supporting	70
the credit or liquidity of the bonds, and includes credit,	71
reimbursement, subrogation, and other agreements and arrangements	72
for reimbursement, and security for the reimbursement, of the	73
person providing the credit facility.	74

(H) "Debt service" means the principal, interest, and	75
redemption premium payments, and any deposits pertaining thereto,	76
required with respect to bonds.	77

(I) "Floating rate interest structure" means provisions in	78
the bond proceedings whereby the interest rate or rates payable on	79
the bonds, or upon successive series of commercial paper, vary	80
from time to time pursuant to or in relation to an index provided	81
by an indexing agent or otherwise established, a formula, base,	82
publicly announced rate, yields on other obligations,	83
determinations of an agent, or any one or combination of the	84
foregoing, with or without approval or consent of the absolute	85
obligor or issuer as provided in the bond proceedings.	86

(J) "Indexing agent" means a person with responsibility for	87
establishing, adjusting and maintaining an index of interest rates	88
or yields for purposes of a floating rate interest structure.	89

(K) "Interest rate period" means that period of time during	90
which an interest rate or rates established under a floating rate	91
interest structure will pertain, which periods may be altered or	92
become fixed pursuant to the bond proceedings upon stated	93
occurrences or upon determination of the absolute obligor or	94
issuer.	95

(L) "Interest rate hedge" means any arrangement by:

96

(1) By which either:

97

(1)(a) The different interest costs or receipts at, between,	98
or among fixed interest rates and ator floating interest rates,	99
orincluding at different maturitiesfloating interest rates, are	100
exchanged on stated amounts of bonds or investments, or on	101
notional amounts; or	102

(2)(b) A party will pay interest costs in excess of an agreed	103
limitation; and	104

(2) Which also may include a requirement for the issuer to	105
issue bonds at a future date. This requirement shall be deemed to	106
be part of the bond proceedings at the time the interest rate	107
hedge is entered into. Issuance of bonds at a future date shall	108
not require further legislative action, but shall be a ministerial	109
act.	110

(M) "Issuer" means the state, political subdivision,	111
authority, commission, agency, officer, or other entity having	112
authority to issue bonds referred to in section 9.981 of the	113
Revised Code, and includes the body and officers authorized to act	114
for the issuer in the matter.	115

(N) "Put arrangement" means provisions in the bond	116
proceedings under which holders of the applicable bonds may	117
exercise an option, or are required, to surrender the bonds or	118
their ownership for an amount of payment previously established in	119
or pursuant to the bond proceedings, at times, which may, but need	120
not be, consistent with the ends of interest rate periods and	121
which may be altered with or without the approval or consent, or	122
upon the direction of, the absolute obligor or the issuer, as	123
provided for in the bond proceedings.	124

(O) "Remarketing agent" means the person having	125
responsibility for marketing or remarketing commercial paper or	126
bonds with put arrangements, which may include responsibility for	127
making recommendations or determinations as to prices or interest	128
rates.	129

Sec. 105.41.  (A) There is hereby created the capitol square	130
review and advisory board, consisting of eleventhirteen members	131
as follows:	132

(1) Two members of the senate, appointed by the president of	133
the senate, both of whom shall not be members of the same	134
political party;	135

(2) Two members of the house of representatives, appointed by	136
the speaker of the house of representatives, both of whom shall	137
not be members of the same political party;	138

(3) Five members appointed by the governor, with the advice	139
and consent of the senate, not more than three of whom shall be	140
members of the same political party, one of whom shall represent	141
the office of the state architect and engineer, one of whom shall	142
represent the Ohio arts council, one of whom shall represent the	143
Ohio historical society, one of whom shall represent the Ohio	144
building authority, and one of whom shall represent the public at	145
large;	146

(4) One member, who shall be a former president of the	147
senate, appointed by the current president of the senate. If the	148
current president of the senate, in the current president's	149
discretion, decides for any reason not to make the appointment or	150
if no person is eligible or available to serve, the seat shall	151
remain vacant.	152

(5) One member, who shall be a former speaker of the house of	153
representatives, appointed by the current speaker of the house of	154
representatives. If the current speaker of the house of	155
representatives, in the current speaker's discretion, decides for	156
any reason not to make the appointment or if no person is eligible	157
or available to serve, the seat shall remain vacant.	158

(6) The clerk of the senate and the clerk of the house of	159
representatives.	160

(B) Terms of office of each appointed member of the board	161
shall be for three years, except that members of the general	162
assembly appointed to the board shall be members of the board only	163
so long as they are members of the general assembly. Each member	164
shall hold office from the date of the member's appointment until	165
the end of the term for which the member was appointed. In case of	166
a vacancy occurring on the board, the president of the senate, the	167
speaker of the house of representatives, or the governor, as the	168
case may be, shall in the same manner prescribed for the regular	169
appointment to the commission, fill the vacancy by appointing a	170
member. Any member appointed to fill a vacancy occurring prior to	171
the expiration of the term for which the member's predecessor was	172
appointed shall hold office for the remainder of the term. Any	173
appointed member shall continue in office subsequent to the	174
expiration date of the member's term until the member's successor	175
takes office, or until a period of sixty days has elapsed,	176
whichever occurs first.	177

(C) The board shall hold meetings in a manner and at times	178
prescribed by the rules adopted by the board. A majority of the	179
board constitutes a quorum, and no action shall be taken by the	180
board unless approved by at least five votingsix members or by at	181
least six votingseven members if a person is appointed under	182
division (A)(4) or (5) of this section. At its first meeting, the	183
board shall adopt rules for the conduct of its business and the	184
election of its officers, and shall organize by selecting a	185
chairperson and other officers as it considers necessary. Board	186
members shall serve without compensation but shall be reimbursed	187
for actual and necessary expenses incurred in the performance of	188
their duties.	189

(D) The board may do any of the following:

190

(1) Employ or hire on a consulting basis professional,	191
technical, and clerical employees as are necessary for the	192
performance of its duties;	193

(2) Hold public hearings at times and places as determined by	194
the board;	195

(3) Adopt, amend, or rescind rules necessary to accomplish	196
the duties of the board as set forth in this section;	197

(4) Sponsor, conduct, and support such social events as the	198
board may authorize and consider appropriate for the employees of	199
the board, employees and members of the general assembly,	200
employees of persons under contract with the board or otherwise	201
engaged to perform services on the premises of capitol square, or	202
other persons as the board may consider appropriate. Subject to	203
the requirements of Chapter 4303. of the Revised Code, the board	204
may provide beer, wine, and intoxicating liquor, with or without	205
charge, for those events and may use funds only from the sale of	206
goods and services fund to purchase the beer, wine, and	207
intoxicating liquor the board provides.	208

(E) The board shall do all of the following:

209

(1) Have sole authority to coordinate and approve any	210
improvements, additions, and renovations that are made to the	211
capitol square. The improvements shall include, but not be limited	212
to, the placement of monuments and sculpture on the capitol	213
grounds.	214

(2) Subject to section 3353.07 of the Revised Code, operate	215
the capitol square, and have sole authority to regulate all uses	216
of the capitol square. The uses shall include, but not be limited	217
to, the casual and recreational use of the capitol square.	218

(3) Employ, fix the compensation of, and prescribe the duties	219
of the executive director of the board and other employees the	220
board considers necessary for the performance of its powers and	221
duties;	222

(4) Establish and maintain the capitol collection trust. The	223
capitol collection trust shall consist of furniture, antiques, and	224
other items of personal property that the board shall store in	225
suitable facilities until they are ready to be placed in the	226
capitol square.	227

(5) Perform repair, construction, contracting, purchasing,	228
maintenance, supervisory, and operating activities the board	229
determines are necessary for the operation and maintenance of the	230
capitol square;	231

(6) Maintain and preserve the capitol square, in accordance	232
with guidelines issued by the United States secretary of the	233
interior for application of the secretary's standards for	234
rehabilitation adopted in 36 C.F.R. part 67.	235

(F)(1) The board shall lease capital facilities improved or	236
financed by the Ohio building authority pursuant to Chapter 152.	237
of the Revised Code for the use of the board, and may enter into	238
any other agreements with the authority ancillary to improvement,	239
financing, or leasing of those capital facilities, including, but	240
not limited to, any agreement required by the applicable bond	241
proceedings authorized by Chapter 152. of the Revised Code. Any	242
lease of capital facilities authorized by this section shall be	243
governed by division (D) of section 152.24 of the Revised Code.	244

(2) Fees, receipts, and revenues received by the board from	245
the state underground parking garage constitute available receipts	246
as defined in section 152.09 of the Revised Code, and may be	247
pledged to the payment of bond service charges on obligations	248
issued by the Ohio building authority pursuant to Chapter 152. of	249
the Revised Code to improve or finance capital facilities useful	250
to the board. The authority may, with the consent of the board,	251
provide in the bond proceedings for a pledge of all or a portion	252
of those fees, receipts, and revenues as the authority determines.	253
The authority may provide in the bond proceedings or by separate	254
agreement with the board for the transfer of those fees, receipts,	255
and revenues to the appropriate bond service fund or bond service	256
reserve fund as required to pay the bond service charges when due,	257
and any such provision for the transfer of those fees, receipts,	258
and revenues shall be controlling notwithstanding any other	259
provision of law pertaining to those fees, receipts, and revenues.	260

(3) All moneys received by the treasurer of state on account	261
of the board and required by the applicable bond proceedings or by	262
separate agreement with the board to be deposited, transferred, or	263
credited to the bond service fund or bond service reserve fund	264
established by the bond proceedings shall be transferred by the	265
treasurer of state to such fund, whether or not it is in the	266
custody of the treasurer of state, without necessity for further	267
appropriation, upon receipt of notice from the Ohio building	268
authority as prescribed in the bond proceedings.	269

(G) All fees, receipts, and revenues received by the board	270
from the state underground parking garage shall be deposited into	271
the state treasury to the credit of the underground parking garage	272
operating fund, which is hereby created, to be used for the	273
purposes specified in division (F) of this section and for the	274
operation and maintenance of the garage. All investment earnings	275
of the fund shall be credited to the fund.	276

(H) All donations received by the board shall be deposited	277
into the state treasury to the credit of the capitol square	278
renovation gift fund, which is hereby created. The fund shall be	279
used by the board as follows:	280

(1) To provide part or all of the funding related to	281
construction, goods, or services for the renovation of the capitol	282
square;	283

(2) To purchase art, antiques, and artifacts for display at	284
the capitol square;	285

(3) To award contracts or make grants to organizations for	286
educating the public regarding the historical background and	287
governmental functions of the capitol square. Chapters 125., 127.,	288
and 153. and section 3517.13 of the Revised Code do not apply to	289
purchases made exclusively from the fund, notwithstanding anything	290
to the contrary in those chapters or that section. All investment	291
earnings of the fund shall be credited to the fund.	292

(I) Except as provided in divisions (G), (H), and (J) of this	293
section, all fees, receipts, and revenues received by the board	294
shall be deposited into the state treasury to the credit of the	295
sale of goods and services fund, which is hereby created. Money	296
credited to the fund shall be used solely to pay costs of the	297
board other than those specified in divisions (F) and (G) of this	298
section. All investment earnings of the fund shall be credited to	299
the fund.	300

(J) There is hereby created in the state treasury the capitol	301
square improvement fund, to be used by the board to pay	302
construction, renovation, and other costs related to the capitol	303
square for which money is not otherwise available to the board.	304
Whenever the board determines that there is a need to incur those	305
costs and that the unencumbered, unobligated balance to the credit	306
of the underground parking garage operating fund exceeds the	307
amount needed for the purposes specified in division (F) of this	308
section and for the operation and maintenance of the garage, the	309
board may request the director of budget and management to	310
transfer from the underground parking garage operating fund to the	311
capitol square improvement fund the amount needed to pay such	312
construction, renovation, or other costs. The director then shall	313
transfer the amount needed from the excess balance of the	314
underground parking garage operating fund.	315

(K) As the operation and maintenance of the capitol square	316
constitute essential government functions of a public purpose, the	317
board shall not be required to pay taxes or assessments upon the	318
square, upon any property acquired or used by the board under this	319
section, or upon any income generated by the operation of the	320
square.	321

(L) As used in this section, "capitol square" means the	322
capitol building, senate building, capitol atrium, capitol	323
grounds, and the state underground parking garage.	324

(M) The capitol annex shall be known as the senate building.

325

Sec. 105.42.  Notwithstanding division (E) of section 105.41	326
of the Revised Code, the capitol square review and advisory board	327
shall not place or cause to be placed any artwork, artifact, bust,	328
memorial, monument, or other commemorative work in the hall or	329
gallery of the house of representatives or the senate, or in the	330
committee or other meeting rooms of the house of representatives	331
or the senate, without first obtaining the approval of the speaker	332
of the house of representatives or the speaker's designee, or of	333
the president of the senate or the president's designee, as	334
applicable. If so approved, the placement shall be made in	335
accordance with any conditions accompanying the approval.	336

Sec. 122.012.  The director of development may designate any	337
governmental entity as an agency of the state to act within a	338
specified region of the state for the purpose of creating and	339
preserving jobs and employment opportunities and financing	340
projects intended to create or preserve jobs and employment	341
opportunities. Any such designation shall be in addition to agency	342
designations made for such purpose by, or by the director pursuant	343
to, Section 56.09 of H.B. 298 of the 119th general assembly, the	344
provisions of which pertaining to such designations, and the	345
designations so made, remain in full force and effect as	346
continuing grants of authority. Each agency designated by or	347
pursuant to Section 56.09 of H.B. 298 of the 119th general	348
assembly or this section may exercise any statutory powers it has	349
under any other section of the Revised Code to accomplish the	350
purposes of this section within the agency's specified region. The	351
regions served by agencies shall not overlap. The director may	352
reduce, expand, or otherwise modify the region served by, or limit	353
the authority of, any such agency.	354

Sec. 123.10. (A) The director of administrative services	355
shall regulate the rate of tolls to be collected on the public	356
works of the state, and shall fix all rentals and collect all	357
tolls, rents, fines, commissions, fees, and other revenues arising	358
from any source in the public works, including the sale,	359
construction, purchase, or rental of property, except that the	360
director shall not collect a commission or fee from a real estate	361
broker or the private owner when real property is leased or rented	362
to the state.	363

(B) There is hereby created in the state treasury the state	364
architect's fund which shall consist of money received by the	365
department of administrative services under division (A) of this	366
section, fees paid under section 123.17 of the Revised Code,	367
transfers of money to the fund authorized by the general assembly,	368
and such amount of the investment earnings of the administrative	369
building fund created in division (C) of this section as the	370
director of budget and management determines to be appropriate and	371
in excess of the amounts required to meet estimated federal	372
arbitrage rebate requirements. Money in the fund shall be used by	373
the department of administrative services for the following	374
purposes:	375

(1) To pay personnel and other administrative expenses of the	376
department;	377

(2) To pay the cost of conducting evaluations of public	378
works;	379

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

380

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

381

(5) To pay the cost of operating the local administration	382
competency certification program prescribed by section 123.17 of	383
the Revised Code;	384

(6) Any other purposes that the director of administrative	385
services determines to be necessary for the department to execute	386
its duties under this chapter.	387

(C) There is hereby created in the state treasury the	388
administrative building fund which shall consist of proceeds of	389
obligations authorized to pay the cost of capital facilities.	390
Except as provided in division (B) of this section, all investment	391
earnings of the fund shall be credited to the fund. The fund shall	392
be used to pay the cost of capital facilities designated by or	393
pursuant to an act of the general assembly. The director of budget	394
and management shall approve and provide a voucher for payments of	395
amounts from the fund that represent the portion of investment	396
earnings to be rebated or to be paid to the federal government in	397
order to maintain the exclusion from gross income for federal	398
income tax purposes on interest on those obligations pursuant to	399
section 148(f) of the Internal Revenue Code.	400

As used in this division, "capital facilities" has the same	401
meaning as under section 152.09 of the Revised Code.	402

Sec. 123.17. (A) As used in this section, "institution of	403
higher education" means a state university or college, as defined	404
in section 3345.12 of the Revised Code, or a state community	405
college.	406

(B) The state architect shall establish a local	407
administration competency certification program to certify	408
institutions of higher education to administer capital facilities	409
projects pursuant to section 3345.51 of the Revised Code without	410
the supervision, control, or approval of the department of	411
administrative services. The program shall offer instruction in	412
the administration of capital facilities projects for employees of	413
institutions of higher education who are responsible for such	414
administration and who are selected by their employing	415
institutions to participate in the program.	416

(C) The program shall provide instruction about the	417
provisions of Chapters 9., 123., and 153. of the Revised Code and	418
any rules or policies adopted by the department regarding the	419
planning, design, and construction of capital facilities,	420
including all of the following:	421

(1) The planning, design, and construction process;

422

(2) Contract requirements;

423

(3) Construction management;

424

(4) Project management.

425

(D) The state architect shall award local administration	426
competency certification to any institution of higher education if	427
all of the following apply:	428

(1) The institution applied for certification on a form and	429
in a manner prescribed by the state architect.	430

(2) The state architect determines that a sufficient number	431
of the institution's employees, representing a sufficient number	432
of employee classifications, responsible for the administration of	433
capital facilities projects has completed the certification	434
program to ensure that any capital facilities project undertaken	435
by the institution will be administered successfully and in	436
accordance with all provisions of the Revised Code, and the board	437
of trustees of the institution provides written assurance to the	438
state architect that the institution will select new employees to	439
participate in the certification program as necessary to	440
compensate for employee turnover.	441

(3) The state architect determines that the employees of the	442
institution enrolled in the program demonstrate a satisfactory	443
level of knowledge of and competency in the requirements for	444
administering capital facilities projects.	445

(4) The institution pays the fee prescribed by division (E)	446
of this section.	447

(5) The board of trustees of the institution provides written	448
assurance to the state architect that the institution will conduct	449
biennial audits of the institution's administration of capital	450
facilities projects in accordance with division (C) of section	451
3345.51 of the Revised Code.	452

(6) The board of trustees of the institution agrees in	453
writing to indemnify and hold harmless the state and the	454
department for any claim of injury, loss, or damage that results	455
from the institution's administration of a capital facilities	456
project.	457

(E) The state architect shall establish the amount of the fee	458
required to be paid by any institution of higher education that	459
seeks certification under this section. Any fees received under	460
this section shall be paid into the state treasury to the credit	461
of the state architect's fund established under section 123.10 of	462
the Revised Code.	463

(F) Nothing in this section shall prohibit an institution	464
that administers a capital facilities project under section	465
3345.51 of the Revised Code from requesting guidance or other	466
services from the department of administrative services.	467

Sec. 125.28. (A)(1) Each state agency that is supported in	468
whole or in part by nongeneral revenue fund money and that	469
occupies space in the James A. Rhodes or Frank J. Lausche state	470
office tower, Toledo government center, Senator Oliver R. Ocasek	471
government office building, Vern Riffe center for government and	472
the arts, state of Ohio computer center, capitol square, or	473
governor's mansion shall reimburse the general revenue fund for	474
the cost of occupying the space in the ratio that the occupied	475
space in each facility attributable to suchthe nongeneral revenue	476
fund money bears to the total space occupied by the state agency	477
in the facility.	478

(2) All agencies that occupy space in the old blind school or	479
the Ohio departments building or that occupy warehouse space in	480
the general services facility shall reimburse the department of	481
administrative services for the cost of occupying the space. The	482
director of administrative services shall determine the amount of	483
debt service, if any, to be charged to building tenants and shall	484
collect reimbursements for it.	485

(3) Each agency that is supported in whole or in part by	486
nongeneral revenue fund money and that occupies space in any other	487
facility or facilities owned and maintained by the department of	488
administrative services or space in the general services facility	489
other than warehouse space shall reimburse the department for the	490
cost of occupying the space, including debt service, if any, in	491
the ratio that the occupied space in each facility attributable to	492
suchthe nongeneral revenue fund money bears to the total space	493
occupied by the state agency in the facility.	494

(B) The director of administrative services may provide	495
building maintenance services and skilled trades services to any	496
state agency occupying space in a facility that is not owned by	497
the department of administrative services and may collect	498
reimbursements for the cost of providing suchthose services.	499

(C) All money collected by the department of administrative	500
services for operating expenses of facilities owned or maintained	501
by the department shall be deposited into the state treasury to	502
the credit of the building management fund, which is hereby	503
created. All money collected by the department for skilled trades	504
services shall be deposited into the state treasury to the credit	505
of the skilled trades fund, which is hereby created. All money	506
collected for debt service shall be deposited into the general	507
revenue fund.	508

(D) The director of administrative services shall determine	509
the reimbursable cost of space in state-owned or state-leased	510
facilities and shall collect reimbursements for that cost.	511

Sec. 126.11.  (A)(1) The director of budget and management	512
shall, upon consultation with the treasurer of state, coordinate	513
and approve the scheduling of initial sales of publicly offered	514
securities of the state and of publicly offered fractionalized	515
interests in or securitized issues of public obligations of the	516
state. The director shall from time to time develop and distribute	517
to state issuers an approved sale schedule for each of the	518
obligations covered by division (A) or (B) of this section.	519
Division (A) of this section applies only to those obligations on	520
which the state or a state agency is the direct obligor or obligor	521
on any backup security or related credit enhancement facility or	522
source of money subject to state appropriations that is intended	523
for payment of those obligations.	524

(2) The issuers of obligations pursuant to section 151.03,	525
151.04, 151.05, 151.07, 151.08, or 151.09 or Chapter 152. of the	526
Revised Code shall submit to the director:	527

(a) For review and approval: the projected sale date, amount,	528
and type of obligations proposed to be sold; their purpose,	529
security, and source of payment; and the proposed structure and	530
maturity schedule; and any credit enhancement facilities or	531
interest rate hedges for the obligations;	532

(b) For review and comment: the authorizing order or	533
resolution; preliminary and final offering documents; method of	534
sale; preliminary and final pricing information; and any written	535
reports or recommendations of financial advisors or consultants	536
relating to those obligations;	537

(c) Promptly after each sale of those obligations: final	538
terms, including sale price, maturity schedule and yields, and	539
sources and uses; names of the original purchasers or	540
underwriters; a copy of the final offering document and of the	541
transcript of proceedings; and any other pertinent information	542
requested by the director.	543

(3) The issuer of obligations pursuant to section 151.06,	544
151.08, or 151.40 or Chapter 154. of the Revised Code shall submit	545
to the director:	546

(a) For review and mutual agreement: the projected sale date,	547
amount, and type of obligations proposed to be sold; their	548
purpose, security, and source of payment; and the proposed	549
structure and maturity schedule; and any credit enhancement	550
facilities or interest rate hedges for the obligations;	551

(b) For review and comment: the authorizing order or	552
resolution; preliminary and final offering documents; method of	553
sale; preliminary and final pricing information; and any written	554
reports or recommendations of financial advisors or consultants	555
relating to those obligations;	556

(c) Promptly after each sale of those obligations: final	557
terms, including sale price, maturity schedule and yields, and	558
sources and uses; names of the original purchasers or	559
underwriters; a copy of the final offering document and of the	560
transcript of proceedings; and any other pertinent information	561
requested by the director.	562

(4) The issuers of obligations pursuant to Chapter 166.,	563
4981., 5540., or 6121., or section 5531.10, of the Revised Code	564
shall submit to the director:	565

(a) For review and comment: the projected sale date, amount,	566
and type of obligations proposed to be sold; the purpose,	567
security, and source of payment; and preliminary and final	568
offering documents;	569

(b) Promptly after each sale of those obligations: final	570
terms, including a maturity schedule; names of the original	571
purchasers or underwriters; a copy of the complete continuing	572
disclosure agreement pursuant to S.E.C. rule 15c2-12 or equivalent	573
rule as from time to time in effect; and any other pertinent	574
information requested by the director.	575

(5) Not later than thirty days after the end of a fiscal	576
year, each issuer of obligations subject to divisions (A) and (B)	577
of this section shall submit to the director and to the treasurer	578
of state a sale plan for the then current fiscal year for each	579
type of obligation, projecting the amount and term of each	580
issuance, the method of sale, and the month of sale.	581

(B) Issuers of obligations pursuant to section 3318.085 or	582
Chapter 175., 3366., 3706., 3737., 5537., 6121., or 6123. of the	583
Revised Code shall submit to the director copies of the	584
preliminary and final offering documents upon their availability	585
if not previously submitted pursuant to division (A) of this	586
section.	587

(C) Not later than the first day of January of each year,	588
every state agency obligated to make payments on outstanding	589
public obligations with respect to which fractionalized interests	590
have been publicly issued, such as certificates of participation,	591
shall submit a report to the director of the amounts payable from	592
state appropriations under those public obligations during the	593
then current and next two fiscal years, identifying the	594
appropriation or intended appropriation from which payment is	595
expected to be made.	596

(D)(1) Information relating generally to the historic,	597
current, or future demographics or economy or financial condition	598
or funds or general operations of the state, and descriptions of	599
any state contractual obligations relating to public obligations,	600
to be contained in any offering document, continuing disclosure	601
document, or written presentation prepared, approved, or provided,	602
or committed to be provided, by an issuer in connection with the	603
original issuance and sale of, or rating, remarketing, or credit	604
enhancement facilities relating to, public obligations referred to	605
in division (A) of this section shall be approved as to format and	606
accuracy by the director before being presented, published, or	607
disseminated in preliminary, draft, or final form, or publicly	608
filed in paper, electronic, or other format.	609

(2) Except for information described in division (D)(1) of	610
this section that is to be contained in an offering document,	611
continuing disclosure document, or written presentation, division	612
(D)(1) of this section does not inhibit direct communication	613
between an issuer and a rating agency, remarketing agent, or	614
credit enhancement provider concerning an issuance of public	615
obligations referred to in division (A) of this section or matters	616
associated with that issuance.	617

(3) The materials approved and provided pursuant to division	618
(D) of this section are the information relating to the particular	619
subjects provided by the state or state agencies that are required	620
or contemplated by any applicable state or federal securities laws	621
and any commitments by the state or state agencies made under	622
those laws. Reliance for the purpose should not be placed on any	623
other information publicly provided, in any format including	624
electronic, by any state agency for other purposes, including	625
general information provided to the public or to portions of the	626
public. A statement to that effect shall be included in those	627
materials so approved or provided.	628

(E) Issuers of obligations referred to in division (A) of	629
this section may take steps, by formal agreement, covenants in the	630
proceedings, or otherwise, as may be necessary or appropriate to	631
comply or permit compliance with applicable lawful disclosure	632
requirements relating to those obligations, and may, subject to	633
division (D) of this section, provide, make available, or file	634
copies of any required disclosure materials as necessary or	635
appropriate. Any such formal agreement or covenant relating to	636
subjects referred to in division (D) of this section, and any	637
description of that agreement or covenant to be contained in any	638
offering document, shall be approved by the director before being	639
entered into or published or publicly disseminated in preliminary,	640
draft, or final form or publicly filed in paper, electronic, or	641
other format. The director shall be responsible for making all	642
filings in compliance with those requirements relating to direct	643
obligations of the state, including fractionalized interests in	644
those obligations.	645

(F) No state agency or official shall, without the approval	646
of the director of budget and management, do either of the	647
following:	648

(1) Enter into or commit to enter into a public obligation	649
under which fractionalized interests in the payments are to be	650
publicly offered, which payments are anticipated to be made from	651
money from any source appropriated or to be appropriated by the	652
general assembly or in which the provision stated in section 9.94	653
of the Revised Code is not included;	654

(2) Except as otherwise expressly authorized for the purpose	655
by law, agree or commit to provide, from money from any source to	656
be appropriated in the future by the general assembly, financial	657
assistance to or participation in the costs of capital facilities,	658
or the payment of debt charges, directly or by way of a credit	659
enhancement facility, a reserve, rental payments, or otherwise, on	660
obligations issued to pay costs of capital facilities.	661

(G) As used in this section, "interest rate hedge" has the	662
same meaning as in section 9.98 of the Revised Code; "credit	663
enhancement facilities," "debt charges," "fractionalized interests	664
in public obligations," "obligor," "public issuer," and	665
"securities" have the same meanings as in section 133.01 of the	666
Revised Code; "public obligation" has the same meaning as in	667
division (GG)(2) of section 133.01 of the Revised Code;	668
"obligations" means securities or public obligations or	669
fractionalized interests in them; "issuers" means issuers of	670
securities or state obligors on public obligations; "offering	671
document" means an official statement, offering circular, private	672
placement memorandum, or prospectus, or similar document; and	673
"director" means the director of budget and management or the	674
employee of the office of budget and management designated by the	675
director for the purpose.	676

Sec. 131.02. (A) Whenever any amount is payable to the state,	677
the officer, employee, or agent responsible for administering the	678
law under which the amount is payable shall immediately proceed to	679
collect the amount or cause the amount to be collected and shall	680
pay the amount into the state treasury or into the appropriate	681
custodial fund in the manner set forth pursuant to section 113.08	682
of the Revised Code. If the amount is not paid within forty-five	683
days after payment is due, the officer, employee, or agent shall	684
certify the amount due to the attorney general, in the form and	685
manner prescribed by the attorney general, and notify the director	686
of budget and management thereof. The attorney general may assess	687
the collection cost to the amount certified in such manner and	688
amount as prescribed by the attorney general.	689

(B)(1) The attorney general shall give immediate notice by	690
mail or otherwise to the party indebted of the nature and amount	691
of the indebtedness.	692

(2) If the amount payable to this state arises from a tax	693
levied under Chapter 5733., 5739., 5741., or 5747. of the Revised	694
Code, the notice also shall specify all of the following:	695

(a) The assessment or case number;

696

(b) The tax pursuant to which the assessment is made;

697

(c) The reason for the liability, including, if applicable,	698
that a penalty or interest is due;	699

(d) An explanation of how and when interest will be added to	700
the amount assessed;	701

(e) That the attorney general and tax commissioner, acting	702
together, have the authority, but are not required, to compromise	703
the claim and accept payment over a reasonable time, if such	704
actions are in the best interest of the state.	705

(C) The attorney general shall collect the claim or secure a	706
judgment and issue an execution for its collection.	707

(D) Each claim shall bear interest, from the day on which the	708
claim became due, at the rate per annum required by section	709
5703.47 of the Revised Code.	710

(E) The attorney general and the chief officer of the agency	711
reporting a claim, acting together, may do any of the following if	712
such action is in the best interests of the state:	713

(1) Compromise the claim;

714

(2) Extend for a reasonable period the time for payment of	715
the claim by agreeing to accept monthly or other periodic	716
payments. The agreement may require security for payment of the	717
claim.	718

(3) Add fees to recover the cost of processing checks or	719
other draft instruments returned for insufficient funds and the	720
cost of providing electronic payment options.	721

(F)(1) Except as provided in division (F)(2) of this section,	722
if the attorney general finds, after investigation, that any claim	723
due and owing to the state is uncollectible, the attorney general,	724
with the consent of the chief officer of the agency reporting the	725
claim, may do the following:	726

(a) Sell, convey, or otherwise transfer the claim to one or	727
more private entities for collection;	728

(b) Cancel the claim or cause it to be cancelled.

729

(2) The attorney general shall cancel or cause to be	730
cancelled an unsatisfied claim on the date that is forty years	731
after the date the claim is certified.	732

Sec. 131.021. (A) As used in this section, "tax" means all	733
taxes and fees, including any penalties, additional charges, and	734
interest charges, administered by the tax commissioner. "Tax"	735
excludes any taxes and fees that are paid to a county auditor or	736
treasurer.	737

(B) Any pending tax liability that the commissioner	738
determines is owed to the state, but that is not final, may be	739
certified to the attorney general pursuant to, and for purposes	740
of, section 131.02 of the Revised Code if a party who may owe the	741
tax liability has filed for bankruptcy and the tax liability is a	742
prepetition bankruptcy debt. Nothing in this section and section	743
131.02 of the Revised Code shall make final, or alter the	744
procedures and processes the party must follow to appeal, a tax	745
liability that is pending appeal. The commissioner shall notify	746
the attorney general of any adjustments made to a pending tax	747
liability certified under section 131.02 of the Revised Code to	748
reflect the final tax liability.	749

Sec. 133.01.  As used in this chapter, in sections 9.95,	750
9.96, and 2151.655 of the Revised Code, in other sections of the	751
Revised Code that make reference to this chapter unless the	752
context does not permit, and in related proceedings, unless	753
otherwise expressly provided:	754

(A) "Acquisition" as applied to real or personal property	755
includes, among other forms of acquisition, acquisition by	756
exercise of a purchase option, and acquisition of interests in	757
property, including, without limitation, easements and	758
rights-of-way, and leasehold and other lease interests initially	759
extending or extendable for a period of at least sixty months.	760

(B) "Anticipatory securities" means securities, including	761
notes, issued in anticipation of the issuance of other securities.	762

(C) "Board of elections" means the county board of elections	763
of the county in which the subdivision is located. If the	764
subdivision is located in more than one county, "board of	765
elections" means the county board of elections of the county that	766
contains the largest portion of the population of the subdivision	767
or that otherwise has jurisdiction in practice over and	768
customarily handles election matters relating to the subdivision.	769

(D) "Bond retirement fund" means the bond retirement fund	770
provided for in section 5705.09 of the Revised Code, and also	771
means a sinking fund or any other special fund, regardless of the	772
name applied to it, established by or pursuant to law or the	773
proceedings for the payment of debt charges. Provision may be made	774
in the applicable proceedings for the establishment in a bond	775
retirement fund of separate accounts relating to debt charges on	776
particular securities, or on securities payable from the same or	777
common sources, and for the application of moneys in those	778
accounts only to specified debt charges on specified securities or	779
categories of securities. Subject to law and any provisions in the	780
applicable proceedings, moneys in a bond retirement fund or	781
separate account in a bond retirement fund may be transferred to	782
other funds and accounts.	783

(E) "Capitalized interest" means all or a portion of the	784
interest payable on securities from their date to a date stated or	785
provided for in the applicable legislation, which interest is to	786
be paid from the proceeds of the securities.	787

(F) "Chapter 133. securities" means securities authorized by	788
or issued pursuant to or in accordance with this chapter.	789

(G) "County auditor" means the county auditor of the county	790
in which the subdivision is located. If the subdivision is located	791
in more than one county, "county auditor" means the county auditor	792
of the county that contains the highest amount of the tax	793
valuation of the subdivision or that otherwise has jurisdiction in	794
practice over and customarily handles property tax matters	795
relating to the subdivision. In the case of a county that has	796
adopted a charter, "county auditor" means the officer who	797
generally has the duties and functions provided in the Revised	798
Code for a county auditor.	799

(H) "Credit enhancement facilities" means letters of credit,	800
lines of credit, stand-by, contingent, or firm securities purchase	801
agreements, insurance, or surety arrangements, guarantees, and	802
other arrangements that provide for direct or contingent payment	803
of debt charges, for security or additional security in the event	804
of nonpayment or default in respect of securities, or for making	805
payment of debt charges to and at the option and on demand of	806
securities holders or at the option of the issuer or upon certain	807
conditions occurring under put or similar arrangements, or for	808
otherwise supporting the credit or liquidity of the securities,	809
and includes credit, reimbursement, marketing, remarketing,	810
indexing, carrying, interest rate hedge, and subrogation	811
agreements, and other agreements and arrangements for payment and	812
reimbursement of the person providing the credit enhancement	813
facility and the security for that payment and reimbursement.	814

(I) "Current operating expenses" or "current expenses" means	815
the lawful expenditures of a subdivision, except those for	816
permanent improvements and for payments of debt charges of the	817
subdivision.	818

(J) "Debt charges" means the principal, including any	819
mandatory sinking fund deposits and mandatory redemption payments,	820
interest, and any redemption premium, payable on securities as	821
those payments come due and are payable. The use of "debt charges"	822
for this purpose does not imply that any particular securities	823
constitute debt within the meaning of the Ohio Constitution or	824
other laws.	825

(K) "Financing costs" means all costs and expenses relating	826
to the authorization, including any required election, issuance,	827
sale, delivery, authentication, deposit, custody, clearing,	828
registration, transfer, exchange, fractionalization, replacement,	829
payment, and servicing of securities, including, without	830
limitation, costs and expenses for or relating to publication and	831
printing, postage, delivery, preliminary and final official	832
statements, offering circulars, and informational statements,	833
travel and transportation, underwriters, placement agents,	834
investment bankers, paying agents, registrars, authenticating	835
agents, remarketing agents, custodians, clearing agencies or	836
corporations, securities depositories, financial advisory	837
services, certifications, audits, federal or state regulatory	838
agencies, accounting and computation services, legal services and	839
obtaining approving legal opinions and other legal opinions,	840
credit ratings, redemption premiums, and credit enhancement	841
facilities. Financing costs may be paid from any moneys available	842
for the purpose, including, unless otherwise provided in the	843
proceedings, from the proceeds of the securities to which they	844
relate and, as to future financing costs, from the same sources	845
from which debt charges on the securities are paid and as though	846
debt charges.	847

(L) "Fiscal officer" means the following, or, in the case of	848
absence or vacancy in the office, a deputy or assistant authorized	849
by law or charter to act in the place of the named officer, or if	850
there is no such authorization then the deputy or assistant	851
authorized by legislation to act in the place of the named officer	852
for purposes of this chapter, in the case of the following	853
subdivisions:	854

(1) A county, the county auditor;

855

(2) A municipal corporation, the city auditor or village	856
clerk or clerk-treasurer, or the officer who, by virtue of a	857
charter, has the duties and functions provided in the Revised Code	858
for the city auditor or village clerk or clerk-treasurer;	859

(3) A school district, the treasurer of the board of	860
education;	861

(4) A regional water and sewer district, the secretary of the	862
board of trustees;	863

(5) A joint township hospital district, the treasurer of the	864
district;	865

(6) A joint ambulance district, the clerk of the board of	866
trustees;	867

(7) A joint recreation district, the person designated	868
pursuant to section 755.15 of the Revised Code;	869

(8) A detention facility district or a district organized	870
under section 2151.65 of the Revised Code or a combined district	871
organized under sections 2152.41 and 2151.65 of the Revised Code,	872
the county auditor of the county designated by law to act as the	873
auditor of the district;	874

(9) A township, a fire district organized under division (C)	875
of section 505.37 of the Revised Code, or a township police	876
district, the clerk of the township;	877

(10) A joint fire district, the clerk of the board of	878
trustees of that district;	879

(11) A regional or county library district, the person	880
responsible for the financial affairs of that district;	881

(12) A joint solid waste management district, the fiscal	882
officer appointed by the board of directors of the district under	883
section 343.01 of the Revised Code;	884

(13) A joint emergency medical services district, the person	885
appointed as fiscal officer pursuant to division (D) of section	886
307.053 of the Revised Code;	887

(14) A fire and ambulance district, the person appointed as	888
fiscal officer under division (B) of section 505.375 of the	889
Revised Code;	890

(15) A subdivision described in division (MM)(17) of this	891
section, the officer who is designated by law as or performs the	892
functions of its chief fiscal officer.	893

(M) "Fiscal year" has the same meaning as in section 9.34 of	894
the Revised Code.	895

(N) "Fractionalized interests in public obligations" means	896
participations, certificates of participation, shares, or other	897
instruments or agreements, separate from the public obligations	898
themselves, evidencing ownership of interests in public	899
obligations or of rights to receive payments of, or on account of,	900
principal or interest or their equivalents payable by or on behalf	901
of an obligor pursuant to public obligations.	902

(O) "Fully registered securities" means securities in	903
certificated or uncertificated form, registered as to both	904
principal and interest in the name of the owner.	905

(P) "Fund" means to provide for the payment of debt charges	906
and expenses related to that payment at or prior to retirement by	907
purchase, call for redemption, payment at maturity, or otherwise.	908

(Q) "General obligation" means securities to the payment of	909
debt charges on which the full faith and credit and the general	910
property taxing power, including taxes within the tax limitation	911
if available to the subdivision, of the subdivision are pledged.	912

(R) "Interest" or "interest equivalent" means those payments	913
or portions of payments, however denominated, that constitute or	914
represent consideration for forbearing the collection of money, or	915
for deferring the receipt of payment of money to a future time.	916

(S) "Internal Revenue Code" means the "Internal Revenue Code	917
of 1986," 100 Stat. 2085, 26 U.S.C.A. 1 et seq., as amended, and	918
includes any laws of the United States providing for application	919
of that code.	920

(T) "Issuer" means any public issuer and any nonprofit	921
corporation authorized to issue securities for or on behalf of any	922
public issuer.	923

(U) "Legislation" means an ordinance or resolution passed by	924
a majority affirmative vote of the then members of the taxing	925
authority unless a different vote is required by charter	926
provisions governing the passage of the particular legislation by	927
the taxing authority.	928

(V) "Mandatory sinking fund redemption requirements" means	929
amounts required by proceedings to be deposited in a bond	930
retirement fund for the purpose of paying in any year or fiscal	931
year by mandatory redemption prior to stated maturity the	932
principal of securities that is due and payable, except for	933
mandatory prior redemption requirements as provided in those	934
proceedings, in a subsequent year or fiscal year.	935

(W) "Mandatory sinking fund requirements" means amounts	936
required by proceedings to be deposited in a year or fiscal year	937
in a bond retirement fund for the purpose of paying the principal	938
of securities that is due and payable in a subsequent year or	939
fiscal year.	940

(X) "Net indebtedness" has the same meaning as in division	941
(A) of section 133.04 of the Revised Code.	942

(Y) "Obligor," in the case of securities or fractionalized	943
interests in public obligations issued by another person the debt	944
charges or their equivalents on which are payable from payments	945
made by a public issuer, means that public issuer.	946

(Z) "One purpose" relating to permanent improvements means	947
any one permanent improvement or group or category of permanent	948
improvements for the same utility, enterprise, system, or project,	949
development or redevelopment project, or for or devoted to the	950
same general purpose, function, or use or for which	951
self-supporting securities, based on the same or different sources	952
of revenues, may be issued or for which special assessments may be	953
levied by a single ordinance or resolution. "One purpose"	954
includes, but is not limited to, in any case any off-street	955
parking facilities relating to another permanent improvement, and:	956

(1) Any number of roads, highways, streets, bridges,	957
sidewalks, and viaducts;	958

(2) Any number of off-street parking facilities;

959

(3) In the case of a county, any number of permanent	960
improvements for courthouse, jail, county offices, and other	961
county buildings, and related facilities;	962

(4) In the case of a school district, any number of	963
facilities and buildings for school district purposes, and related	964
facilities.	965

(AA) "Outstanding," referring to securities, means securities	966
that have been issued, delivered, and paid for, except any of the	967
following:	968

(1) Securities canceled upon surrender, exchange, or	969
transfer, or upon payment or redemption;	970

(2) Securities in replacement of which or in exchange for	971
which other securities have been issued;	972

(3) Securities for the payment, or redemption or purchase for	973
cancellation prior to maturity, of which sufficient moneys or	974
investments, in accordance with the applicable legislation or	975
other proceedings or any applicable law, by mandatory sinking fund	976
redemption requirements, mandatory sinking fund requirements, or	977
otherwise, have been deposited, and credited for the purpose in a	978
bond retirement fund or with a trustee or paying or escrow agent,	979
whether at or prior to their maturity or redemption, and, in the	980
case of securities to be redeemed prior to their stated maturity,	981
notice of redemption has been given or satisfactory arrangements	982
have been made for giving notice of that redemption, or waiver of	983
that notice by or on behalf of the affected security holders has	984
been filed with the subdivision or its agent for the purpose.	985

(BB) "Paying agent" means the one or more banks, trust	986
companies, or other financial institutions or qualified persons,	987
including an appropriate office or officer of the subdivision,	988
designated as a paying agent or place of payment of debt charges	989
on the particular securities.	990

(CC) "Permanent improvement" or "improvement" means any	991
property, asset, or improvement certified by the fiscal officer,	992
which certification is conclusive, as having an estimated life or	993
period of usefulness of five years or more, and includes, but is	994
not limited to, real estate, buildings, and personal property and	995
interests in real estate, buildings, and personal property,	996
equipment, furnishings, and site improvements, and reconstruction,	997
rehabilitation, renovation, installation, improvement,	998
enlargement, and extension of property, assets, or improvements so	999
certified as having an estimated life or period of usefulness of	1000
five years or more. The acquisition of all the stock ownership of	1001
a corporation is the acquisition of a permanent improvement to the	1002
extent that the value of that stock is represented by permanent	1003
improvements. A permanent improvement for parking, highway, road,	1004
and street purposes includes resurfacing, but does not include	1005
ordinary repair.	1006

(DD) "Person" has the same meaning as in section 1.59 of the	1007
Revised Code and also includes any federal, state, interstate,	1008
regional, or local governmental agency, any subdivision, and any	1009
combination of those persons.	1010

(EE) "Proceedings" means the legislation, certifications,	1011
notices, orders, sale proceedings, trust agreement or indenture,	1012
mortgage, lease, lease-purchase agreement, assignment, credit	1013
enhancement facility agreements, and other agreements,	1014
instruments, and documents, as amended and supplemented, and any	1015
election proceedings, authorizing, or providing for the terms and	1016
conditions applicable to, or providing for the security or sale or	1017
award of, public obligations, and includes the provisions set	1018
forth or incorporated in those public obligations and proceedings.	1019

(FF) "Public issuer" means any of the following that is	1020
authorized by law to issue securities or enter into public	1021
obligations:	1022

(1) The state, including an agency, commission, officer,	1023
institution, board, authority, or other instrumentality of the	1024
state;	1025

(2) A taxing authority, subdivision, district, or other local	1026
public or governmental entity, and any combination or consortium,	1027
or public division, district, commission, authority, department,	1028
board, officer, or institution, thereof;	1029

(3) Any other body corporate and politic, or other public	1030
entity.	1031

(GG) "Public obligations" means both of the following:

1032

(1) Securities;

1033

(2) Obligations of a public issuer to make payments under	1034
installment sale, lease, lease purchase, or similar agreements,	1035
which obligations bear interest or interest equivalent.	1036

(HH) "Refund" means to fund and retire outstanding	1037
securities, including advance refunding with or without payment or	1038
redemption prior to maturity.	1039

(II) "Register" means the books kept and maintained by the	1040
registrar for registration, exchange, and transfer of registered	1041
securities.	1042

(JJ) "Registrar" means the person responsible for keeping the	1043
register for the particular registered securities, designated by	1044
or pursuant to the proceedings.	1045

(KK) "Securities" means bonds, notes, certificates of	1046
indebtedness, commercial paper, and other instruments in writing,	1047
including, unless the context does not admit, anticipatory	1048
securities, issued by an issuer to evidence its obligation to	1049
repay money borrowed, or to pay interest, by, or to pay at any	1050
future time other money obligations of, the issuer of the	1051
securities, but not including public obligations described in	1052
division (GG)(2) of this section.	1053

(LL) "Self-supporting securities" means securities or	1054
portions of securities issued for the purpose of paying costs of	1055
permanent improvements to the extent that receipts of the	1056
subdivision, other than the proceeds of taxes levied by that	1057
subdivision, derived from or with respect to the improvements or	1058
the operation of the improvements being financed, or the	1059
enterprise, system, project, or category of improvements of which	1060
the improvements being financed are part, are estimated by the	1061
fiscal officer to be sufficient to pay the current expenses of	1062
that operation or of those improvements or enterprise, system,	1063
project, or categories of improvements and the debt charges	1064
payable from those receipts on securities issued for the purpose.	1065
Until such time as the improvements or increases in rates and	1066
charges have been in operation or effect for a period of at least	1067
six months, the receipts therefrom, for purposes of this	1068
definition, shall be those estimated by the fiscal officer, except	1069
that those receipts may include, without limitation, payments made	1070
and to be made to the subdivision under leases or agreements in	1071
effect at the time the estimate is made. In the case of an	1072
operation, improvements, or enterprise, system, project, or	1073
category of improvements without at least a six-month history of	1074
receipts, the estimate of receipts by the fiscal officer, other	1075
than those to be derived under leases and agreements then in	1076
effect, shall be confirmed by the taxing authority.	1077

(MM) "Subdivision" means any of the following:

1078

(1) A county, including a county that has adopted a charter	1079
under Article X, Ohio Constitution;	1080

(2) A municipal corporation, including a municipal	1081
corporation that has adopted a charter under Article XVIII, Ohio	1082
Constitution;	1083

(3) A school district;

1084

(4) A regional water and sewer district organized under	1085
Chapter 6119. of the Revised Code;	1086

(5) A joint township hospital district organized under	1087
section 513.07 of the Revised Code;	1088

(6) A joint ambulance district organized under section 505.71	1089
of the Revised Code;	1090

(7) A joint recreation district organized under division (C)	1091
of section 755.14 of the Revised Code;	1092

(8) A detention facility district organized under section	1093
2152.41, a district organized under section 2151.65, or a combined	1094
district organized under sections 2152.41 and 2151.65 of the	1095
Revised Code;	1096

(9) A township police district organized under section 505.48	1097
of the Revised Code;	1098

(10) A township;

1099

(11) A joint fire district organized under section 505.371 of	1100
the Revised Code;	1101

(12) A county library district created under section 3375.19	1102
or a regional library district created under section 3375.28 of	1103
the Revised Code;	1104

(13) A joint solid waste management district organized under	1105
section 343.01 or 343.012 of the Revised Code;	1106

(14) A joint emergency medical services district organized	1107
under section 307.052 of the Revised Code;	1108

(15) A fire and ambulance district organized under section	1109
505.375 of the Revised Code;	1110

(16) A fire district organized under division (C) of section	1111
505.37 of the Revised Code;	1112

(17) Any other political subdivision or taxing district or	1113
other local public body or agency authorized by this chapter or	1114
other laws to issue Chapter 133. securities.	1115

(NN) "Taxing authority" means in the case of the following	1116
subdivisions:	1117

(1) A county, a county library district, or a regional	1118
library district, the board or boards of county commissioners, or	1119
other legislative authority of a county that has adopted a charter	1120
under Article X, Ohio Constitution, but with respect to such a	1121
library district acting solely as agent for the board of trustees	1122
of that district;	1123

(2) A municipal corporation, the legislative authority;

1124

(3) A school district, the board of education;

1125

(4) A regional water and sewer district, a joint ambulance	1126
district, a joint recreation district, a fire and ambulance	1127
district, or a joint fire district, the board of trustees of the	1128
district;	1129

(5) A joint township hospital district, the joint township	1130
hospital board;	1131

(6) A detention facility district or a district organized	1132
under section 2151.65 of the Revised Code, a combined district	1133
organized under sections 2152.41 and 2151.65 of the Revised Code,	1134
or a joint emergency medical services district, the joint board of	1135
county commissioners;	1136

(7) A township, a fire district organized under division (C)	1137
of section 505.37 of the Revised Code, or a township police	1138
district, the board of township trustees;	1139

(8) A joint solid waste management district organized under	1140
section 343.01 or 343.012 of the Revised Code, the board of	1141
directors of the district;	1142

(9) A subdivision described in division (MM)(17) of this	1143
section, the legislative or governing body or official.	1144

(OO) "Tax limitation" means the "ten-mill limitation" as	1145
defined in section 5705.02 of the Revised Code without diminution	1146
by reason of section 5705.313 of the Revised Code or otherwise,	1147
or, in the case of a municipal corporation or county with a	1148
different charter limitation on property taxes levied to pay debt	1149
charges on unvoted securities, that charter limitation. Those	1150
limitations shall be respectively referred to as the "ten-mill	1151
limitation" and the "charter tax limitation."	1152

(PP) "Tax valuation" means the aggregate of the valuations of	1153
property subject to ad valorem property taxation by the	1154
subdivision on the real property, personal property, and public	1155
utility property tax lists and duplicates most recently certified	1156
for collection, and shall be calculated without deductions of the	1157
valuations of otherwise taxable property exempt in whole or in	1158
part from taxation by reason of exemptions of certain amounts of	1159
taxable value under division (C) of section 5709.01 or section	1160
323.152 of the Revised Code, or similar laws now or in the future	1161
in effect.	1162

(QQ) "Year" means the calendar year.

1163

(RR) "Interest rate hedge" means any arrangement by which	1164
either:	1165

(1) The different interest costs or receipts at fixed	1166
interest rates and at floating interest rates, or at different	1167
maturities, are exchanged on stated amounts of bonds or	1168
investments, or on notional amounts;	1169

(2) A party will pay interest costs in excess of an agreed	1170
limitation.	1171

(SS) "Administrative agent," "agent," "commercial paper,"	1172
"floating rate interest structure," "indexing agent," "interest	1173
rate hedge," "interest rate period," "put arrangement," and	1174
"remarketing agent" have the same meanings as in section 9.98 of	1175
the Revised Code.	1176

(TT)(SS) "Sales tax supported" means obligations to the	1177
payment of debt charges on which an additional sales tax or	1178
additional sales taxes have been pledged by the taxing authority	1179
of a county pursuant to section 133.081 of the Revised Code.	1180

Sec. 151.01.  (A) As used in sections 151.01 to 151.09 and	1181
151.40 of the Revised Code and in the applicable bond proceedings	1182
unless otherwise provided:	1183

(1) "Bond proceedings" means the resolutions, orders,	1184
agreements, and credit enhancement facilities, and amendments and	1185
supplements to them, or any one or more or combination of them,	1186
authorizing, awarding, or providing for the terms and conditions	1187
applicable to or providing for the security or liquidity of, the	1188
particular obligations, and the provisions contained in those	1189
obligations.	1190

(2) "Bond service fund" means the respective bond service	1191
fund created by section 151.03, 151.04, 151.05, 151.06, 151.07,	1192
151.08, 151.09, or 151.40 of the Revised Code, and any accounts in	1193
that fund, including all moneys and investments, and earnings from	1194
investments, credited and to be credited to that fund and accounts	1195
as and to the extent provided in the applicable bond proceedings.	1196

(3) "Capital facilities" means capital facilities or projects	1197
as referred to in section 151.03, 151.04, 151.05, 151.06, 151.07,	1198
151.08, 151.09, or 151.40 of the Revised Code.	1199

(4) "Costs of capital facilities" means the costs of	1200
acquiring, constructing, reconstructing, rehabilitating,	1201
remodeling, renovating, enlarging, improving, equipping, or	1202
furnishing capital facilities, and of the financing of those	1203
costs. "Costs of capital facilities" includes, without limitation,	1204
and in addition to costs referred to in section 151.03, 151.04,	1205
151.05, 151.06, 151.07, 151.08, 151.09, or 151.40 of the Revised	1206
Code, the cost of clearance and preparation of the site and of any	1207
land to be used in connection with capital facilities, the cost of	1208
any indemnity and surety bonds and premiums on insurance, all	1209
related direct administrative expenses and allocable portions of	1210
direct costs of the issuing authority, costs of engineering and	1211
architectural services, designs, plans, specifications, surveys,	1212
and estimates of cost, financing costs, interest on obligations	1213
from their date to the time when interest is to be paid from	1214
sources other than proceeds of obligations, amounts necessary to	1215
establish any reserves as required by the bond proceedings, the	1216
reimbursement of all moneys advanced or applied by or borrowed	1217
from any person or governmental agency or entity for the payment	1218
of any item of costs of capital facilities, and all other expenses	1219
necessary or incident to planning or determining feasibility or	1220
practicability with respect to capital facilities, and such other	1221
expenses as may be necessary or incident to the acquisition,	1222
construction, reconstruction, rehabilitation, remodeling,	1223
renovation, enlargement, improvement, equipment, and furnishing of	1224
capital facilities, the financing of those costs, and the placing	1225
of the capital facilities in use and operation, including any one,	1226
part of, or combination of those classes of costs and expenses.	1227

(5) "Credit enhancement facilities," "financing costs," and	1228
"interest" or "interest equivalent" have the same meanings as in	1229
section 133.01 of the Revised Code.	1230

(6) "Debt service" means principal, including any mandatory	1231
sinking fund or redemption requirements for retirement of	1232
obligations, interest and other accreted amounts, interest	1233
equivalent, and any redemption premium, payable on obligations. If	1234
not prohibited by the applicable bond proceedings, debt service	1235
may include costs relating to credit enhancement facilities that	1236
are related to and represent, or are intended to provide a source	1237
of payment of or limitation on, other debt service.	1238

(7) "Issuing authority" means the Ohio public facilities	1239
commission created in section 151.02 of the Revised Code for	1240
obligations issued under section 151.03, 151.04, 151.05, 151.07,	1241
151.08, or 151.09 of the Revised Code, or the treasurer of state,	1242
or the officer who by law performs the functions of that office,	1243
for obligations issued under section 151.06, 151.08, or 151.40 of	1244
the Revised Code.	1245

(8) "Net proceeds" means amounts received from the sale of	1246
obligations, excluding amounts used to refund or retire	1247
outstanding obligations, amounts required to be deposited into	1248
special funds pursuant to the applicable bond proceedings, and	1249
amounts to be used to pay financing costs.	1250

(9) "Obligations" means bonds, notes, or other evidences of	1251
obligation of the state, including any appertaining interest	1252
coupons, issued under Section 2k, 2l, 2m, 2n, 2o or 15 of Article	1253
VIII, Ohio Constitution, and pursuant to sections 151.01 to 151.09	1254
or 151.40 of the Revised Code or other general assembly	1255
authorization.	1256

(10) "Principal amount" means the aggregate of the amount as	1257
stated or provided for in the applicable bond proceedings as the	1258
amount on which interest or interest equivalent on particular	1259
obligations is initially calculated. Principal amount does not	1260
include any premium paid to the state by the initial purchaser of	1261
the obligations. "Principal amount" of a capital appreciation	1262
bond, as defined in division (C) of section 3334.01 of the Revised	1263
Code, means its face amount, and "principal amount" of a zero	1264
coupon bond, as defined in division (J) of section 3334.01 of the	1265
Revised Code, means the discounted offering price at which the	1266
bond is initially sold to the public, disregarding any purchase	1267
price discount to the original purchaser, if provided for pursuant	1268
to the bond proceedings.	1269

(11) "Special funds" or "funds," unless the context indicates	1270
otherwise, means the bond service fund, and any other funds,	1271
including any reserve funds, created under the bond proceedings	1272
and stated to be special funds in those proceedings, including	1273
moneys and investments, and earnings from investments, credited	1274
and to be credited to the particular fund. Special funds do not	1275
include the school building program assistance fund created by	1276
section 3318.25 of the Revised Code, the higher education	1277
improvement fund created by division (F) of section 154.21 of the	1278
Revised Code, the highway capital improvement bond fund created by	1279
section 5528.53 of the Revised Code, the state parks and natural	1280
resources fund created by section 1557.02 of the Revised Code, the	1281
coal research and development fund created by section 1555.15 of	1282
the Revised Code, the clean Ohio conservation fund created by	1283
section 164.27 of the Revised Code, the clean Ohio revitalization	1284
fund created by section 122.658 of the Revised Code, or other	1285
funds created by the bond proceedings that are not stated by those	1286
proceedings to be special funds.	1287

(B) Subject to Section 2l, 2m, 2n, 2o, or 15, and Section 17,	1288
of Article VIII, Ohio Constitution, the state, by the issuing	1289
authority, is authorized to issue and sell, as provided in	1290
sections 151.03 to 151.09 or 151.40 of the Revised Code, and in	1291
respective aggregate principal amounts as from time to time	1292
provided or authorized by the general assembly, general	1293
obligations of this state for the purpose of paying costs of	1294
capital facilities or projects identified by or pursuant to	1295
general assembly action.	1296

(C) Each issue of obligations shall be authorized by	1297
resolution or order of the issuing authority. The bond proceedings	1298
shall provide for or authorize the manner for determining the	1299
principal amount or maximum principal amount of obligations of an	1300
issue, the principal maturity or maturities, the interest rate or	1301
rates, the date of and the dates of payment of interest on the	1302
obligations, their denominations, and the place or places of	1303
payment of debt service which may be within or outside the state.	1304
Unless otherwise provided by law, the latest principal maturity	1305
may not be later than the earlier of the thirty-first day of	1306
December of the twenty-fifth calendar year after the year of	1307
issuance of the particular obligations or of the twenty-fifth	1308
calendar year after the year in which the original obligation to	1309
pay was issued or entered into. Sections 9.96, 9.98, 9.981, 9.982,	1310
and 9.983 of the Revised Code apply to obligations. The purpose of	1311
the obligations may be stated in the bond proceedings in general	1312
terms, such as, as applicable, "financing or assisting in the	1313
financing of projects as provided in Section 2l of Article VIII,	1314
Ohio Constitution," "financing or assisting in the financing of	1315
highway capital improvement projects as provided in Section 2m of	1316
Article VIII, Ohio Constitution," "paying costs of capital	1317
facilities for a system of common schools throughout the state as	1318
authorized by Section 2n of Article VIII, Ohio Constitution,"	1319
"paying costs of capital facilities for state-supported and	1320
state-assisted institutions of higher education as authorized by	1321
Section 2n of Article VIII, Ohio Constitution," "paying costs of	1322
coal research and development as authorized by Section 15 of	1323
Article VIII, Ohio Constitution," "financing or assisting in the	1324
financing of local subdivision capital improvement projects as	1325
authorized by Section 2m of Article VIII, Ohio Constitution,"	1326
"paying costs of conservation projects as authorized by Section 2o	1327
of Article VIII, Ohio Constitution," or "paying costs of	1328
revitalization projects as authorized by Section 2o of Article	1329
VIII, Ohio Constitution."	1330

(D) The issuing authority may appoint or provide for the	1331
appointment of paying agents, bond registrars, securities	1332
depositories, clearing corporations, and transfer agents, and may	1333
without need for any other approval retain or contract for the	1334
services of underwriters, investment bankers, financial advisers,	1335
accounting experts, marketing, remarketing, indexing, and	1336
administrative agents, other consultants, and independent	1337
contractors, including printing services, as are necessary in the	1338
judgment of the issuing authority to carry out the issuing	1339
authority's functions under this chapter. When the issuing	1340
authority is the Ohio public facilities commission, the issuing	1341
authority also may without need for any other approval retain or	1342
contract for the services of attorneys and other professionals for	1343
that purpose. Financing costs are payable, as may be provided in	1344
the bond proceedings, from the proceeds of the obligations, from	1345
special funds, or from other moneys available for the purpose.	1346

(E) The bond proceedings may contain additional provisions	1347
customary or appropriate to the financing or to the obligations or	1348
to particular obligations including, but not limited to,	1349
provisions for:	1350

(1) The redemption of obligations prior to maturity at the	1351
option of the state or of the holder or upon the occurrence of	1352
certain conditions, and at particular price or prices and under	1353
particular terms and conditions;	1354

(2) The form of and other terms of the obligations;

1355

(3) The establishment, deposit, investment, and application	1356
of special funds, and the safeguarding of moneys on hand or on	1357
deposit, in lieu of the applicability of provisions of Chapter	1358
131. or 135. of the Revised Code, but subject to any special	1359
provisions of sections 151.01 to 151.09 or 151.40 of the Revised	1360
Code with respect to the application of particular funds or	1361
moneys. Any financial institution that acts as a depository of any	1362
moneys in special funds or other funds under the bond proceedings	1363
may furnish indemnifying bonds or pledge securities as required by	1364
the issuing authority.	1365

(4) Any or every provision of the bond proceedings being	1366
binding upon the issuing authority and upon such governmental	1367
agency or entity, officer, board, commission, authority, agency,	1368
department, institution, district, or other person or body as may	1369
from time to time be authorized to take actions as may be	1370
necessary to perform all or any part of the duty required by the	1371
provision;	1372

(5) The maintenance of each pledge or instrument comprising	1373
part of the bond proceedings until the state has fully paid or	1374
provided for the payment of the debt service on the obligations or	1375
met other stated conditions;	1376

(6) In the event of default in any payments required to be	1377
made by the bond proceedings, or by any other agreement of the	1378
issuing authority made as part of a contract under which the	1379
obligations were issued or secured, including a credit enhancement	1380
facility, the enforcement of those payments by mandamus, a suit in	1381
equity, an action at law, or any combination of those remedial	1382
actions;	1383

(7) The rights and remedies of the holders or owners of	1384
obligations or of book-entry interests in them, and of third	1385
parties under any credit enhancement facility, and provisions for	1386
protecting and enforcing those rights and remedies, including	1387
limitations on rights of individual holders or owners;	1388

(8) The replacement of mutilated, destroyed, lost, or stolen	1389
obligations;	1390

(9) The funding, refunding, or advance refunding, or other	1391
provision for payment, of obligations that will then no longer be	1392
outstanding for purposes of this section or of the applicable bond	1393
proceedings;	1394

(10) Amendment of the bond proceedings;

1395

(11) Any other or additional agreements with the owners of	1396
obligations, and such other provisions as the issuing authority	1397
determines, including limitations, conditions, or qualifications,	1398
relating to any of the foregoing.	1399

(F) The great seal of the state or a facsimile of it may be	1400
affixed to or printed on the obligations. The obligations	1401
requiring execution by or for the issuing authority shall be	1402
signed as provided in the bond proceedings. Any obligations may be	1403
signed by the individual who on the date of execution is the	1404
authorized signer although on the date of these obligations that	1405
individual is not an authorized signer. In case the individual	1406
whose signature or facsimile signature appears on any obligation	1407
ceases to be an authorized signer before delivery of the	1408
obligation, that signature or facsimile is nevertheless valid and	1409
sufficient for all purposes as if that individual had remained the	1410
authorized signer until delivery.	1411

(G) Obligations are investment securities under Chapter 1308.	1412
of the Revised Code. Obligations may be issued in bearer or in	1413
registered form, registrable as to principal alone or as to both	1414
principal and interest, or both, or in certificated or	1415
uncertificated form, as the issuing authority determines.	1416
Provision may be made for the exchange, conversion, or transfer of	1417
obligations and for reasonable charges for registration, exchange,	1418
conversion, and transfer. Pending preparation of final	1419
obligations, the issuing authority may provide for the issuance of	1420
interim instruments to be exchanged for the final obligations.	1421

(H) Obligations may be sold at public sale or at private	1422
sale, in such manner, and at such price at, above or below par,	1423
all as determined by and provided by the issuing authority in the	1424
bond proceedings.	1425

(I) Except to the extent that rights are restricted by the	1426
bond proceedings, any owner of obligations or provider of a credit	1427
enhancement facility may by any suitable form of legal proceedings	1428
protect and enforce any rights relating to obligations or that	1429
facility under the laws of this state or granted by the bond	1430
proceedings. Those rights include the right to compel the	1431
performance of all applicable duties of the issuing authority and	1432
the state. Each duty of the issuing authority and that authority's	1433
officers, staff, and employees, and of each state entity or	1434
agency, or using district or using institution, and its officers,	1435
members, staff, or employees, undertaken pursuant to the bond	1436
proceedings, is hereby established as a duty of the entity or	1437
individual having authority to perform that duty, specifically	1438
enjoined by law and resulting from an office, trust, or station	1439
within the meaning of section 2731.01 of the Revised Code. The	1440
individuals who are from time to time the issuing authority,	1441
members or officers of the issuing authority, or those members'	1442
designees acting pursuant to section 154.02 of the Revised Code,	1443
or the issuing authority's officers, staff, or employees, are not	1444
liable in their personal capacities on any obligations or	1445
otherwise under the bond proceedings.	1446

(J)(1) Subject to Section 2k, 2l, 2m, 2n, 2o, or 15, and	1447
Section 17, of Article VIII, Ohio Constitution and sections 151.01	1448
to 151.09 or 151.40 of the Revised Code, the issuing authority	1449
may, in addition to the authority referred to in division (B) of	1450
this section, authorize and provide for the issuance of:	1451

(a) Obligations in the form of bond anticipation notes, and	1452
may provide for the renewal of those notes from time to time by	1453
the issuance of new notes. The holders of notes or appertaining	1454
interest coupons have the right to have debt service on those	1455
notes paid solely from the moneys and special funds that are or	1456
may be pledged to that payment, including the proceeds of bonds or	1457
renewal notes or both, as the issuing authority provides in the	1458
bond proceedings authorizing the notes. Notes may be additionally	1459
secured by covenants of the issuing authority to the effect that	1460
the issuing authority and the state will do all things necessary	1461
for the issuance of bonds or renewal notes in such principal	1462
amount and upon such terms as may be necessary to provide moneys	1463
to pay when due the debt service on the notes, and apply their	1464
proceeds to the extent necessary, to make full and timely payment	1465
of debt service on the notes as provided in the applicable bond	1466
proceedings. In the bond proceedings authorizing the issuance of	1467
bond anticipation notes the issuing authority shall set forth for	1468
the bonds anticipated an estimated schedule of annual principal	1469
payments the latest of which shall be no later than provided in	1470
division (C) of this section. While the notes are outstanding	1471
there shall be deposited, as shall be provided in the bond	1472
proceedings for those notes, from the sources authorized for	1473
payment of debt service on the bonds, amounts sufficient to pay	1474
the principal of the bonds anticipated as set forth in that	1475
estimated schedule during the time the notes are outstanding,	1476
which amounts shall be used solely to pay the principal of those	1477
notes or of the bonds anticipated.	1478

(b) Obligations for the refunding, including funding and	1479
retirement, and advance refunding with or without payment or	1480
redemption prior to maturity, of any obligations previously	1481
issued. Refunding obligations may be issued in amounts sufficient	1482
to pay or to provide for repayment of the principal amount,	1483
including principal amounts maturing prior to the redemption of	1484
the remaining prior obligations, any redemption premium, and	1485
interest accrued or to accrue to the maturity or redemption date	1486
or dates, payable on the prior obligations, and related financing	1487
costs and any expenses incurred or to be incurred in connection	1488
with that issuance and refunding. Subject to the applicable bond	1489
proceedings, the portion of the proceeds of the sale of refunding	1490
obligations issued under division (J)(1)(b) of this section to be	1491
applied to debt service on the prior obligations shall be credited	1492
to an appropriate separate account in the bond service fund and	1493
held in trust for the purpose by the issuing authority or by a	1494
corporate trustee. Obligations authorized under this division	1495
shall be considered to be issued for those purposes for which the	1496
prior obligations were issued.	1497

(2) Except as otherwise provided in sections 151.01 to 151.09	1498
or 151.40 of the Revised Code, bonds or notes authorized pursuant	1499
to division (J) of this section are subject to the provisions of	1500
those sections pertaining to obligations generally.	1501

(3) The principal amount of refunding or renewal obligations	1502
issued pursuant to division (J) of this section shall be in	1503
addition to the amount authorized by the general assembly as	1504
referred to in division (B) of the following sections: section	1505
151.03, 151.04, 151.05, 151.06, 151.07, 151.08, 151.09, or 151.40	1506
of the Revised Code.	1507

(K) Obligations are lawful investments for banks, savings and	1508
loan associations, credit union share guaranty corporations, trust	1509
companies, trustees, fiduciaries, insurance companies, including	1510
domestic for life and domestic not for life, trustees or other	1511
officers having charge of sinking and bond retirement or other	1512
special funds of the state and political subdivisions and taxing	1513
districts of this state, the sinking fund, the administrator of	1514
workers' compensation subject to the approval of the workers'	1515
compensation board, the state teachers retirement system, the	1516
public employees retirement system, the school employees	1517
retirement system, and the Ohio police and fire pension fund,	1518
notwithstanding any other provisions of the Revised Code or rules	1519
adopted pursuant to those provisions by any state agency with	1520
respect to investments by them, and are also acceptable as	1521
security for the repayment of the deposit of public moneys. The	1522
exemptions from taxation in Ohio as provided for in particular	1523
sections of the Ohio Constitution and section 5709.76 of the	1524
Revised Code apply to the obligations.	1525

(L)(1) Unless otherwise provided or provided for in any	1526
applicable bond proceedings, moneys to the credit of or in a	1527
special fund shall be disbursed on the order of the issuing	1528
authority. No such order is required for the payment, from the	1529
bond service fund or other special fund, when due of debt service	1530
or required payments under credit enhancement facilities.	1531

(2) Payments received by the state under interest rate hedges	1532
entered into as credit enhancement facilities under this chapter	1533
shall be deposited to the credit of the bond service fund for the	1534
obligations to which those credit enhancement facilities relate.	1535

(M) The full faith and credit, revenue, and taxing power of	1536
the state are and shall be pledged to the timely payment of debt	1537
service on outstanding obligations as it comes due, all in	1538
accordance with Section 2k, 2l, 2m, 2n, 2o, or 15 of Article VIII,	1539
Ohio Constitution, and section 151.03, 151.04, 151.05, 151.06,	1540
151.07, 151.08, or 151.09 of the Revised Code. Moneys referred to	1541
in Section 5a of Article XII, Ohio Constitution, may not be	1542
pledged or used for the payment of debt service except on	1543
obligations referred to in section 151.06 of the Revised Code. Net	1544
state lottery proceeds, as provided for and referred to in section	1545
3770.06 of the Revised Code, may not be pledged or used for the	1546
payment of debt service except on obligations referred to in	1547
section 151.03 of the Revised Code. The state covenants, and that	1548
covenant shall be controlling notwithstanding any other provision	1549
of law, that the state and the applicable officers and agencies of	1550
the state, including the general assembly, shall, so long as any	1551
obligations are outstanding in accordance with their terms,	1552
maintain statutory authority for and cause to be levied, collected	1553
and applied sufficient pledged excises, taxes, and revenues of the	1554
state so that the revenues shall be sufficient in amounts to pay	1555
debt service when due, to establish and maintain any reserves and	1556
other requirements, and to pay financing costs, including costs of	1557
or relating to credit enhancement facilities, all as provided for	1558
in the bond proceedings. Those excises, taxes, and revenues are	1559
and shall be deemed to be levied and collected, in addition to the	1560
purposes otherwise provided for by law, to provide for the payment	1561
of debt service and financing costs in accordance with sections	1562
151.01 to 151.09 of the Revised Code and the bond proceedings.	1563

(N) The general assembly may from time to time repeal or	1564
reduce any excise, tax, or other source of revenue pledged to the	1565
payment of the debt service pursuant to Section 2k, 2l, 2m, 2n,	1566
2o, or 15 of Article VIII, Ohio Constitution, and sections 151.01	1567
to 151.09 or 151.40 of the Revised Code, and may levy, collect and	1568
apply any new or increased excise, tax, or revenue to meet the	1569
pledge, to the payment of debt service on outstanding obligations,	1570
of the state's full faith and credit, revenue and taxing power, or	1571
of designated revenues and receipts, except fees, excises or taxes	1572
referred to in Section 5a of Article XII, Ohio Constitution, for	1573
other than obligations referred to in section 151.06 of the	1574
Revised Code and except net state lottery proceeds for other than	1575
obligations referred to in section 151.03 of the Revised Code.	1576
Nothing in division (N) of this section authorizes any impairment	1577
of the obligation of this state to levy and collect sufficient	1578
excises, taxes, and revenues to pay debt service on obligations	1579
outstanding in accordance with their terms.	1580

(O) Each bond service fund is a trust fund and is hereby	1581
pledged to the payment of debt service on the applicable	1582
obligations. Payment of that debt service shall be made or	1583
provided for by the issuing authority in accordance with the bond	1584
proceedings without necessity for any act of appropriation. The	1585
bond proceedings may provide for the establishment of separate	1586
accounts in the bond service fund and for the application of those	1587
accounts only to debt service on specific obligations, and for	1588
other accounts in the bond service fund within the general	1589
purposes of that fund.	1590

(P) Subject to the bond proceedings pertaining to any	1591
obligations then outstanding in accordance with their terms, the	1592
issuing authority may in the bond proceedings pledge all, or such	1593
portion as the issuing authority determines, of the moneys in the	1594
bond service fund to the payment of debt service on particular	1595
obligations, and for the establishment and maintenance of any	1596
reserves for payment of particular debt service.	1597

(Q) The issuing authority shall by the fifteenth day of July	1598
of each fiscal year, certify or cause to be certified to the	1599
office of budget and management the total amount of moneys	1600
required during the current fiscal year to meet in full all debt	1601
service on the respective obligations and any related financing	1602
costs payable from the applicable bond service fund and not from	1603
the proceeds of refunding or renewal obligations. The issuing	1604
authority shall make or cause to be made supplemental	1605
certifications to the office of budget and management for each	1606
debt service payment date and at such other times during each	1607
fiscal year as may be provided in the bond proceedings or	1608
requested by that office. Debt service, costs of credit	1609
enhancement facilities, and other financing costs shall be set	1610
forth separately in each certification. If and so long as the	1611
moneys to the credit of the bond service fund, together with any	1612
other moneys available for the purpose, are insufficient to meet	1613
in full all payments when due of the amount required as stated in	1614
the certificate or otherwise, the office of budget and management	1615
shall at the times as provided in the bond proceedings, and	1616
consistent with any particular provisions in sections 151.03 to	1617
151.09 and 151.40 of the Revised Code, transfer a sufficient	1618
amount to the bond service fund from the pledged revenues in the	1619
case of obligations issued pursuant to section 151.40 of the	1620
Revised Code, and in the case of other obligations from the	1621
revenues derived from excises, taxes, and other revenues,	1622
including net state lottery proceeds in the case of obligations	1623
referred to in section 151.03 of the Revised Code.	1624

(R) Unless otherwise provided in any applicable bond	1625
proceedings, moneys to the credit of special funds may be invested	1626
by or on behalf of the state only in one or more of the following:	1627

(1) Notes, bonds, or other direct obligations of the United	1628
States or of any agency or instrumentality of the United States,	1629
or in no-front-end-load money market mutual funds consisting	1630
exclusively of those obligations, or in repurchase agreements,	1631
including those issued by any fiduciary, secured by those	1632
obligations, or in collective investment funds consisting	1633
exclusively of those obligations;	1634

(2) Obligations of this state or any political subdivision of	1635
this state;	1636

(3) Certificates of deposit of any national bank located in	1637
this state and any bank, as defined in section 1101.01 of the	1638
Revised Code, subject to inspection by the superintendent of	1639
financial institutions;	1640

(4) The treasurer of state's pooled investment program under	1641
section 135.45 of the Revised Code.	1642

The income from investments referred to in division (R) of	1643
this section shall, unless otherwise provided in sections 151.01	1644
to 151.09 or 151.40 of the Revised Code, be credited to special	1645
funds or otherwise as the issuing authority determines in the bond	1646
proceedings. Those investments may be sold or exchanged at times	1647
as the issuing authority determines, provides for, or authorizes.	1648

(S) The treasurer of state shall have responsibility for	1649
keeping records, making reports, and making payments, relating to	1650
any arbitrage rebate requirements under the applicable bond	1651
proceedings.	1652

Sec. 154.01.  As used in Chapter 154. of the Revised Code	1653
this chapter:	1654

(A) "Commission" means the Ohio public facilities commission	1655
created in section 151.02 of the Revised Code.	1656

(B) "Obligations" means bonds, notes, or other evidences of	1657
obligation, including interest coupons pertaining thereto, issued	1658
pursuant to Chapter 154. of the Revised Code.	1659

(C) "Bond proceedings" means the order or orders, resolution	1660
or resolutions, trust agreement, indenture, lease, and other	1661
agreements, amendments and supplements to the foregoing, or any	1662
combination thereof, authorizing or providing for the terms and	1663
conditions applicable to, or providing for the security of,	1664
obligations issued pursuant to Chapter 154. of the Revised Code,	1665
and the provisions contained in such obligations.	1666

(D) "State agencies" means the state of Ohio and officers,	1667
boards, commissions, departments, divisions, or other units or	1668
agencies of the state.	1669

(E) "Governmental agency" means state agencies, state	1670
supported and assisted institutions of higher education, municipal	1671
corporations, counties, townships, school districts, and any other	1672
political subdivision or special district in this state	1673
established pursuant to law, and, except where otherwise	1674
indicated, also means the United States or any department,	1675
division, or agency thereof, and any agency, commission, or	1676
authority established pursuant to an interstate compact or	1677
agreement.	1678

(F) "Institutions of higher education" and "state supported	1679
or state assisted institutions of higher education" means the	1680
state universities identified in section 3345.011 of the Revised	1681
Code, the medical college of Ohio at Toledo, the northeastern Ohio	1682
universities college of medicine, state universities or colleges	1683
at any time created, community college districts, university	1684
branch districts, and technical college districts at any time	1685
established or operating under Chapter 3354., 3355., or 3357. of	1686
the Revised Code, and other institutions for education, including	1687
technical education, beyond the high school, receiving state	1688
support or assistance for their expenses of operation.	1689

(G) "Governing body" means:

1690

(1) In the case of institutions of higher education, the	1691
board of trustees, board of directors, commission, or other body	1692
vested by law with the general management, conduct, and control of	1693
one or more institutions of higher education;	1694

(2) In the case of a county, the board of county	1695
commissioners or other legislative body; in the case of a	1696
municipal corporation, the council or other legislative body; in	1697
the case of a township, the board of township trustees; in the	1698
case of a school district, the board of education;	1699

(3) In the case of any other governmental agency, the	1700
officer, board, commission, authority or other body having the	1701
general management thereof or having jurisdiction or authority in	1702
the particular circumstances.	1703

(H) "Person" means any person, firm, partnership,	1704
association, or corporation.	1705

(I) "Bond service charges" means principal, including	1706
mandatory sinking fund requirements for retirement of obligations,	1707
and interest, and redemption premium, if any, required to be paid	1708
by the state on obligations. If not prohibited by the applicable	1709
bond proceedings, bond service charges may include costs relating	1710
to credit enhancement facilities that are related to and	1711
represent, or are intended to provide a source of payment of or	1712
limitation on, other bond service charges.	1713

(J) "Capital facilities" means buildings, structures, and	1714
other improvements, and equipment, real estate, and interests in	1715
real estate therefor, within the state, and any one, part of, or	1716
combination of the foregoing, to serve the general purposes for	1717
which the issuing authority is authorized to issue obligations	1718
pursuant to Chapter 154. of the Revised Code, including, but not	1719
limited to, drives, roadways, parking facilities, walks, lighting,	1720
machinery, furnishings, utilities, landscaping, wharves, docks,	1721
piers, reservoirs, dams, tunnels, bridges, retaining walls,	1722
riprap, culverts, ditches, channels, watercourses, retention	1723
basins, standpipes and water storage facilities, waste treatment	1724
and disposal facilities, heating, air conditioning and	1725
communications facilities, inns, lodges, cabins, camping sites,	1726
golf courses, boat and bathing facilities, athletic and	1727
recreational facilities, and site improvements.	1728

(K) "Costs of capital facilities" means the costs of	1729
acquiring, constructing, reconstructing, rehabilitating,	1730
remodeling, renovating, enlarging, improving, equipping, or	1731
furnishing capital facilities, and the financing thereof,	1732
including the cost of clearance and preparation of the site and of	1733
any land to be used in connection with capital facilities, the	1734
cost of any indemnity and surety bonds and premiums on insurance,	1735
all related direct administrative expenses and allocable portions	1736
of direct costs of the commission or issuing authority and	1737
department of administrative services, or other designees of the	1738
commission under section 154.17 of the Revised Code, cost of	1739
engineering and architectural services, designs, plans,	1740
specifications, surveys, and estimates of cost, legal fees, fees	1741
and expenses of trustees, depositories, and paying agents for the	1742
obligations, cost of issuance of the obligations and financing	1743
charges and fees and expenses of financial advisers and	1744
consultants in connection therewith, interest on obligations from	1745
the date thereof to the time when interest is to be covered from	1746
sources other than proceeds of obligations, amounts necessary to	1747
establish reserves as required by the bond proceedings, costs of	1748
audits, the reimbursement of all moneys advanced or applied by or	1749
borrowed from any governmental agency, whether to or by the	1750
commission or others, from whatever source provided, for the	1751
payment of any item or items of cost of the capital facilities,	1752
any share of the cost undertaken by the commission pursuant to	1753
arrangements made with governmental agencies under division (H) of	1754
section 154.06 of the Revised Code, and all other expenses	1755
necessary or incident to planning or determining feasibility or	1756
practicability with respect to capital facilities, and such other	1757
expenses as may be necessary or incident to the acquisition,	1758
construction, reconstruction, rehabilitation, remodeling,	1759
renovation, enlargement, improvement, equipment, and furnishing of	1760
capital facilities, the financing thereof and the placing of the	1761
same in use and operation, including any one, part of, or	1762
combination of such classes of costs and expenses.	1763

(L) "Public service facilities" means inns, lodges, hotels,	1764
cabins, camping sites, scenic trails, picnic sites, restaurants,	1765
commissaries, golf courses, boating and bathing facilities and	1766
other similar facilities in state parks.	1767

(M) "State parks" means:

1768

(1) State reservoirs described and identified in section	1769
1541.06 of the Revised Code;	1770

(2) All lands or interests therein of the state identified as	1771
administered by the division of parks and recreation in the	1772
"inventory of state owned lands administered by the department of	1773
natural resources as of June 1, 1963," as recorded in the journal	1774
of the director, which inventory was prepared by the real estate	1775
section of the department and is supported by maps now on file in	1776
said real estate section;	1777

(3) All lands or interests in lands of the state designated	1778
after June 1, 1963, as state parks in the journal of the director	1779
with the approval of the recreation and resources council.	1780

State parks do not include any lands or interest in lands of	1781
the state administered jointly by two or more divisions of the	1782
department of natural resources. The designation of lands as state	1783
parks under divisions (M)(1) to (3) of this section is conclusive	1784
and such lands shall be under the control of and administered by	1785
the division of parks and recreation. No order or proceeding	1786
designating lands as state parks or park purchase areas is subject	1787
to any appeal or review by any officer, board, commission, or	1788
court.	1789

(N) "Bond service fund" means the applicable fund created for	1790
and pledged to the payment of bond service charges under section	1791
154.20, 154.21, or 154.22, or 154.23 of the Revised Code,	1792
including all moneys and investments, and earnings from	1793
investments, credited and to be credited thereto.	1794

(O) "Improvement fund" means the applicable fund created for	1795
the payment of costs of capital facilities under section 154.20,	1796
154.21, or 154.22, or 3383.09 of the Revised Code, including all	1797
moneys and investments, and earnings from investments, credited	1798
and to be credited thereto.	1799

(P) "Special funds" or "funds" means, except where the	1800
context does not permit, the bond service funds, the improvements	1801
funds, and any other funds for similar or different purposes	1802
created under bond proceedings, including all moneys and	1803
investments, and earnings from investments, credited and to be	1804
credited thereto.	1805

(Q) "Year" unless the context indicates a different meaning	1806
or intent, means a calendar year beginning on the first day of	1807
January and ending on the thirty-first day of December.	1808

(R) "Fiscal year" means the period of twelve months beginning	1809
on the first day of July and ending on the thirtieth day of June.	1810

(S) "Issuing authority" means the treasurer of state or the	1811
officer or employee who by law performs the functions of that	1812
office.	1813

(T) "Credit enhancement facilities" has the same meaning as	1814
in section 133.01 of the Revised Code.	1815

(U) "Ohio cultural facility" and "Ohio sports facility" have	1816
the same meanings as in section 3383.01 of the Revised Code.	1817

Sec. 154.02.  (A) Pursuant to the provisions of Chapter 154.	1818
of the Revised Code, the issuing authority may issue obligations	1819
as from time to time authorized by or pursuant to act or	1820
resolution of the general assembly, consistent with such	1821
limitations thereon, subject to section 154.12 of the Revised	1822
Code, as the general assembly may thereby prescribe as to	1823
principal amount, bond service charges, or otherwise, and shall	1824
cause the proceeds thereof to be applied to those capital	1825
facilities designated by or pursuant to act of the general	1826
assembly for mental hygiene and retardation, state supported and	1827
assisted institutions of higher education, including technical	1828
education, and parks and recreation, Ohio cultural facilities, and	1829
Ohio sports facilities.	1830

(B) The authority provided by Chapter 154. of the Revised	1831
Code is in addition to any other authority provided by law for the	1832
same or similar purposes, except as may otherwise specifically be	1833
provided in Chapter 154. of the Revised Code. In case any section	1834
or provision of Chapter 154. of the Revised Code or in case any	1835
covenant, stipulation, obligation, resolution, trust agreement,	1836
indenture, lease agreement, act, or action, or part thereof, made,	1837
assumed, entered into, or taken under Chapter 154. of the Revised	1838
Code, or any application thereof, is for any reason held to be	1839
illegal or invalid, such illegality or invalidity shall not affect	1840
the remainder thereof or any other section or provision of Chapter	1841
154. of the Revised Code or any other covenant, stipulation,	1842
obligation, resolution, trust agreement, indenture, lease,	1843
agreement, act, or action, or part thereof, made, assumed, entered	1844
into, or taken under such chapter, which shall be construed and	1845
enforced as if such illegal or invalid portion were not contained	1846
therein, nor shall such illegality or invalidity or any	1847
application thereof affect any legal and valid application	1848
thereof, and each such section, provision, covenant, stipulation,	1849
obligation, resolution, trust agreement, indenture, lease,	1850
agreement, act, or action, or part thereof, shall be deemed to be	1851
effective, operative, made, entered into or taken in the manner	1852
and to the full extent permitted by law.	1853

Sec. 154.07.  For the respective purposes provided in	1854
sections 154.20, 154.21, and 154.22, and 154.23 of the Revised	1855
Code, the issuing authority may issue obligations of the state of	1856
Ohio as provided in Chapter 154. of the Revised Code, provided	1857
that the holders or owners of obligations shall have no right to	1858
have excises or taxes levied by the general assembly for the	1859
payment of the bond service charges. The right of holders and	1860
owners to payment of bond service charges shall be limited to the	1861
revenues or receipts and funds pledged thereto in accordance with	1862
Chapter 154. of the Revised Code, and each obligation shall bear	1863
on its face a statement to that effect. Chapter 154. of the	1864
Revised Code does not permit, and no provision of that chapter	1865
shall be applied to authorize or grant, a pledge of charges for	1866
the treatment or care of mental hygiene and retardation patients	1867
to bond service charges on obligations other than those issued for	1868
capital facilities for mental hygiene and retardation, or a pledge	1869
of any receipts of or on behalf of state supported or state	1870
assisted institutions of higher education to bond service charges	1871
on obligations other than those issued for capital facilities for	1872
state supported or state assisted institutions of higher	1873
education, or a pledge of receipts with respect to parks and	1874
recreation to bond service charges on obligations other than those	1875
issued for capital facilities for parks and recreation, or a	1876
pledge of revenues or receipts received by or on behalf of any	1877
state agency to bond service charges on obligations other than	1878
those issued for capital facilities which are in whole or in part	1879
useful to, constructed by, or financed by the state agency that	1880
receives the revenues or receipts so pledged.	1881

Sec. 154.23.  (A) Subject to authorization by the general	1882
assembly under section 154.02 of the Revised Code, the issuing	1883
authority may issue obligations pursuant to this chapter to pay	1884
costs of capital facilities for Ohio cultural facilities and Ohio	1885
sports facilities.	1886

(B) The Ohio public facilities commission may lease any	1887
capital facilities for Ohio cultural facilities or Ohio sports	1888
facilities to, and make or provide for other agreements with	1889
respect to the use or purchase of such capital facilities with,	1890
the Ohio cultural facilities commission and, with the Ohio	1891
cultural facilities commission's approval, any governmental agency	1892
having authority under law to operate such capital facilities. Any	1893
lease or agreement shall be subject to Chapter 3383. of the	1894
Revised Code.	1895

(C) For purposes of this section, "available receipts" means	1896
any revenues or receipts derived by the Ohio public facilities	1897
commission from the operation, leasing, or other disposition of	1898
capital facilities financed under this section, the proceeds of	1899
obligations issued under this section and section 154.11 or 154.12	1900
of the Revised Code, and also means any gifts, grants, donations,	1901
and pledges, and receipts thereon, available for the payment of	1902
bond service charges on obligations issued under this section. The	1903
issuing authority may pledge all, or such portion as it	1904
determines, of the available receipts to the payment of bond	1905
service charges on obligations issued under this section and	1906
section 154.11 or 154.12 of the Revised Code and for the	1907
establishment and maintenance of any reserves, as provided in the	1908
bond proceedings, and make other provisions therein with respect	1909
to such available receipts as authorized by this chapter, which	1910
provisions shall be controlling notwithstanding any other	1911
provision of law pertaining thereto.	1912

(D) There is hereby created one or more funds, as determined	1913
by the issuing authority in the bond proceedings, designated as	1914
the "Ohio cultural facilities commission bond service fund" with,	1915
if more than one such fund, such further identifying name as the	1916
issuing authority determines, which shall be in the custody of the	1917
treasurer of state but shall be separate and apart from and not a	1918
part of the state treasury. All money received by or on account of	1919
the issuing authority or the Ohio cultural facilities commission	1920
and required by the applicable bond proceedings to be deposited,	1921
transferred, or credited to the Ohio cultural facilities	1922
commission bond service fund, and all other money transferred or	1923
allocated to or received for the purposes of that fund shall be	1924
deposited with the treasurer of state and credited to the	1925
applicable fund, subject to applicable provisions of the bond	1926
proceedings, but without necessity of any act or appropriation.	1927
The Ohio cultural facilities commission bond service funds are	1928
trust funds and are hereby pledged to the payment of bond service	1929
charges on the applicable obligations issued pursuant to this	1930
section and section 154.11 or 154.12 of the Revised Code to the	1931
extent provided in the applicable bond proceedings, and payment	1932
thereof from such funds shall be made or provided for by the	1933
treasurer of state in accordance with the applicable bond	1934
proceedings without necessity for any act or appropriation.	1935

(E) This section is to be applied with other applicable	1936
provisions of this chapter.	1937

Sec. 755.16.  (A) Any municipal corporation, township,	1938
township park district, county, or school district, jointly with	1939
one or more other municipal corporations, townships, township park	1940
districts, counties, or school districts or with an educational	1941
service center, in any combination, and a joint recreation	1942
district, may acquire property for, construct, operate, and	1943
maintain any parks, playgrounds, playfields, gymnasiums, public	1944
baths, swimming pools, indoor recreation centers, or community	1945
centers, and any. Any school district or educational service	1946
center may provide by the erection of any school or educational	1947
service center building or school premises, or by the enlargement	1948
of, addition to, or reconstruction or improvement of any school or	1949
educational service center building or school premises, for the	1950
inclusion of any such parks, recreational facilities, and	1951
community centers to be jointly acquired, constructed, operated,	1952
and maintained. Any municipal corporation, township, township park	1953
district, county, or school district, jointly with one or more	1954
other municipal corporations, townships, township park districts,	1955
counties, or school districts or with an educational service	1956
center, in any combination, and a joint recreation district, may	1957
equip, operate, and maintain suchthose parks, recreational	1958
facilities, and community centers and may appropriate money for	1959
them. An educational service center also may appropriate money for	1960
purposes of equipping, operating, and maintaining those parks,	1961
recreational facilities, and community centers.	1962

Any municipal corporation, township, township park district,	1963
county, or school district, or educational service center agreeing	1964
to jointly acquire, construct, operate, or maintain parks,	1965
recreational facilities, and community centers pursuant to this	1966
section may contribute lands, money, other personal property, or	1967
services to the joint venture, as may be agreed upon. Any	1968
agreement shall specify the rights of the parties in any lands or	1969
personal property contributed.	1970

Any lands acquired by a township park district pursuant to	1971
Chapter 511. of the Revised Code and established as a public park	1972
or parks may be contributed to a joint venture authorized by this	1973
section. Fees may be charged in connection with the use of any	1974
recreational facilities and community centers that may be	1975
constructed on those lands.	1976

(B) Any township may, jointly with a private land owner,	1977
construct, operate, equip, and maintain free public playgrounds	1978
and playfields. Any equipment provided by a township pursuant to	1979
this division shall remain township property and shall be used	1980
subject to a right of removal by the township.	1981

(C) As used in this section and in sections 755.17 and 755.18	1982
of the Revised Code, "community:	1983

(1) "Community centers" means facilities characterized by all	1984
of the following:	1985

(1)(a) They are acquired, constructed, operated, or	1986
maintained by political subdivisions, school districts, or a joint	1987
recreation districtan educational service center pursuant to	1988
division (A) of this section.	1989

(2)(b) They may be used for governmental, civic, or	1990
educational operations or recreational activities.	1991

(3)(c) They may be used only by the entities that acquire,	1992
construct, operate, or maintain them or by any other person upon	1993
terms and conditions determined by those entities.	1994

(2) "Educational service center" has the same meaning as in	1995
division (A) of section 3311.05 of the Revised Code.	1996

Sec. 755.18.  All expenses incurred in the operation of	1997
parks, playgrounds, playfields, gymnasiums, swimming pools, public	1998
baths, indoor recreation centers, and community centers,	1999
established as provided by sections 755.12 to 755.17 of the	2000
Revised Code, shall be payable from the treasury of the municipal	2001
corporation, township, township park district, county, or school	2002
district, or in the case of a joint recreational district or an	2003
educational service center, from its general fund. The local	2004
authorities of sucha municipal corporation, county, township,	2005
township park district, or school district, having power to	2006
appropriate money therein, may annually appropriate and cause to	2007
be raised by taxation an amount for the purpose of maintaining and	2008
operating suchthose parks, recreational facilities, and community	2009
centers.	2010

A joint recreation district may levy a tax, subject to	2011
Chapter 5705. of the Revised Code, to acquire, maintain, and	2012
operate recreational facilities and community centers.	2013

Sec. 1541.23. There is hereby created in the state treasury	2014
the parks capital expenses fund. The fund shall consist of moneys	2015
transferred to it from the parks and recreation improvement fund	2016
created in section 154.22 of the Revised Code. The parks capital	2017
expenses fund shall be used to pay design, engineering, and	2018
planning costs that are incurred by the department of natural	2019
resources for parks-related capital projects.	2020

Sec. 2716.11.  A proceeding for garnishment of property,	2021
other than personal earnings, may be commenced after a judgment	2022
has been obtained by a judgment creditor by the filing of an	2023
affidavit in writing made by the judgment creditor or the judgment	2024
creditor's attorney setting forth all of the following:	2025

(A) The name of the judgment debtor whose property, other	2026
than personal earnings, the judgment creditor seeks to garnish;	2027

(B) That the affiant has good reasona reasonable basis to	2028
believe and does believe that the person named in the affidavit as	2029
the garnishee may have property, other than personal earnings, of	2030
the judgment debtor that is not exempt under the law of this state	2031
or the United States;	2032

(C) A description of the property.

2033

Sec. 2743.712. (A) The attorney general, before taking any	2034
action regarding enforcement of the reparations fund's right of	2035
repayment, reimbursement, recovery, and subrogation pursuant to	2036
section 2743.72 of the Revised Code, or before taking any other	2037
action pursuant to that section, may investigate the need for that	2038
action.	2039

(B)(1) For the purpose of determining whether action is	2040
necessary under section 2743.72 of the Revised Code, the attorney	2041
general may issue subpoenas and subpoenas duces tecum to compel	2042
any person or entity to provide any information regarding	2043
overpayments from the reparations fund or that the attorney	2044
general determines would impact whether action should be taken	2045
under section 2743.72 of the Revised Code.	2046

(2) If the attorney general issues a subpoena or subpoena	2047
duces tecum under this section and if the materials required to be	2048
produced are located outside this state, the attorney general may	2049
designate one or more representatives, including officials of the	2050
state in which the materials are located, to inspect the materials	2051
on the attorney general's behalf, and the attorney general may	2052
respond to similar requests from officials of other states. The	2053
person or entity may make the materials available to the attorney	2054
general at a convenient location within the state.	2055

(3) At any time before the return day specified in the	2056
subpoena or subpoena duces tecum issued under this section or	2057
within twenty days after the subpoena or subpoena duces tecum has	2058
been served, whichever period is shorter, the person or entity	2059
subpoenaed may file with the court of common pleas of Franklin	2060
county a petition to extend the return day or to modify or quash	2061
the subpoena or subpoena duces tecum. The petition shall state	2062
good cause.	2063

(4) A person or entity who is subpoenaed under this section	2064
shall comply with the terms of the subpoena or subpoena duces	2065
tecum unless otherwise provided by an order of the court of common	2066
pleas of Franklin county entered prior to the day for return	2067
contained in the subpoena or as extended by the court. In the	2068
event a person or entity fails to comply with a subpoena or	2069
subpoena duces tecum issued under this section, that failure shall	2070
be contempt of court under division (C) of section 2705.02 of the	2071
Revised Code. The attorney general may file a charge of contempt	2072
of court under section 2705.03 of the Revised Code in the court of	2073
common pleas of Franklin county for that failure and may obtain an	2074
order adjudging the person or entity in contempt of court under	2075
section 2705.05 of the Revised Code.	2076

Sec. 3301.21. There is hereby created in the state treasury	2077
the state action for education leadership fund. Money received by	2078
the department of education from the Wallace foundation shall be	2079
deposited into the fund. All investment earnings of the fund shall	2080
be credited to the fund. The department shall use the money in the	2081
fund for the following purposes:	2082

(A) To develop leadership training programs for the big eight	2083
school districts, as defined in section 3314.02 of the Revised	2084
Code;	2085

(B) To target training to teacher-leaders, principals, and	2086
union leaders;	2087

(C) To increase administrators' and teachers' skills in using	2088
student assessment data to improve instructional decisions;	2089

(D) To align district and building budget allocations with	2090
student performance data.	2091

Sec. 3318.01.  As used in sections 3318.01 to 3318.20 of the	2092
Revised Code:	2093

(A) "Ohio school facilities commission" means the commission	2094
created pursuant to section 3318.30 of the Revised Code.	2095

(B) "Classroom facilities" means rooms in which pupils	2096
regularly assemble in public school buildings to receive	2097
instruction and education and such facilities and building	2098
improvements for the operation and use of such rooms as may be	2099
needed in order to provide a complete educational program, and may	2100
include space within which a child day-care facility or a	2101
community resource center is housed. "Classroom facilities"	2102
includes any space necessary for the operation of a vocational	2103
education program for secondary students in any school district	2104
that operates such a program.	2105

(C) "Project" means a project to construct or acquire	2106
classroom facilities, or to reconstruct or make additions to	2107
existing classroom facilities, to be used for housing the	2108
applicable school district and its functions.	2109

(D) "School district" means a local, exempted village, or	2110
city school district as such districts are defined in Chapter	2111
3311. of the Revised Code, acting as an agency of state	2112
government, performing essential governmental functions of state	2113
government pursuant to sections 3318.01 andto 3318.20 of the	2114
Revised Code.	2115

For purposes of assistance provided under sections 3318.40 to	2116
3318.45 of the Revised Code, the term "school district" as used in	2117
this section and in divisions (A), (C), and (D) of section 3318.03	2118
and in sections 3318.031, 3318.042, 3318.07, 3318.08, 3318.083,	2119
3318.084, 3318.085, 3318.086, 3318.10, 3318.11, 3318.12, 3318.13,	2120
3318.14, 3318.15, 3318.16, 3318.19, and 3318.20 of the Revised	2121
Code means a joint vocational school district established pursuant	2122
to section 3311.18 of the Revised Code.	2123

(E) "School district board" means the board of education of a	2124
school district.	2125

(F) "Net bonded indebtedness" means the difference between	2126
the sum of the par value of all outstanding and unpaid bonds and	2127
notes which a school district board is obligated to pay,and any	2128
amounts the school district is obligated to pay under	2129
lease-purchase agreements entered into under section 3313.375 of	2130
the Revised Code, and the par value of bonds authorized by the	2131
electors but not yet issued, the proceeds of which can lawfully be	2132
used for the project, and the amount held in the sinking fund and	2133
other indebtedness retirement funds for their redemption. Notes	2134
issued for school buses in accordance with section 3327.08 of the	2135
Revised Code, notes issued in anticipation of the collection of	2136
current revenues, and bonds issued to pay final judgments shall	2137
not be considered in calculating the net bonded indebtedness.	2138

"Net bonded indebtedness" does not include indebtedness	2139
arising from the acquisition of land to provide a site for	2140
classroom facilities constructed, acquired, or added to pursuant	2141
to sections 3318.01 to 3318.20 of the Revised Code or the par	2142
value of bonds that have been authorized by the electors and the	2143
proceeds of which will be used by the district to provide any part	2144
of its portion of the basic project cost.	2145

(G) "Board of elections" means the board of elections of the	2146
county containing the most populous portion of the school	2147
district.	2148

(H) "County auditor" means the auditor of the county in which	2149
the greatest value of taxable property of such school district is	2150
located.	2151

(I) "Tax duplicates" means the general tax lists and	2152
duplicates prescribed by sections 319.28 and 319.29 of the Revised	2153
Code.	2154

(J) "Required level of indebtedness" means:

2155

(1) In the case of school districts in the first percentile,	2156
five per cent of the district's valuation for the year preceding	2157
the year in which the controlling board approved the project under	2158
section 3318.04 of the Revised Code.	2159

(2) In the case of school districts ranked in a subsequent	2160
percentile, five per cent of the district's valuation for the year	2161
preceding the year in which the controlling board approved the	2162
project under section 3318.04 of the Revised Code, plus [two	2163
one-hundredths of one per cent multiplied by (the percentile in	2164
which the district ranks for the fiscal year preceding the fiscal	2165
year in which the controlling board approved the district's	2166
project minus one)].	2167

(K) "Required percentage of the basic project costs" means	2168
one per cent of the basic project costs times the percentile in	2169
which the school district ranks for the fiscal year preceding the	2170
fiscal year in which the controlling board approved the district's	2171
project.	2172

(L) "Basic project cost" means a cost amount determined in	2173
accordance with rules adopted under section 111.15 of the Revised	2174
Code by the Ohio school facilities commission. The basic project	2175
cost calculation shall take into consideration the square footage	2176
and cost per square foot necessary for the grade levels to be	2177
housed in the classroom facilities, the variation across the state	2178
in construction and related costs, the cost of the installation of	2179
site utilities and site preparation, the cost of demolition of all	2180
or part of any existing classroom facilities that are abandoned	2181
under the project, the cost of insuring the project until it is	2182
completed, any contingency reserve amount prescribed by the	2183
commission under section 3318.086 of the Revised Code, and the	2184
professional planning, administration, and design fees that a	2185
school district may have to pay to undertake a classroom	2186
facilities project.	2187

For a joint vocational school district that receives	2188
assistance under sections 3318.40 to 3318.45 of the Revised Code,	2189
the basic project cost calculation for a project under those	2190
sections shall also take into account the types of laboratory	2191
spaces and program square footages needed for the vocational	2192
education programs for high school students offered by the school	2193
district.	2194

(M)(1) Except for a joint vocational school district that	2195
receives assistance under sections 3318.40 to 3318.45 of the	2196
Revised Code, a "school district's portion of the basic project	2197
cost" means the amount determined under section 3318.032 of the	2198
Revised Code.	2199

(2) For a joint vocational school district that receives	2200
assistance under sections 3318.40 to 3318.45 of the Revised Code,	2201
a "school district's portion of the basic project cost" means the	2202
amount determined under division (C) of section 3318.42 of the	2203
Revised Code.	2204

(N) "Child day-care facility" means space within a classroom	2205
facility in which the needs of infants, toddlers, preschool	2206
children, and school children are provided for by persons other	2207
than the parent or guardian of such children for any part of the	2208
day, including persons not employed by the school district	2209
operating such classroom facility.	2210

(O) "Community resource center" means space within a	2211
classroom facility in which comprehensive services that support	2212
the needs of families and children are provided by community-based	2213
social service providers.	2214

(P) "Valuation" means the total value of all property in the	2215
school district as listed and assessed for taxation on the tax	2216
duplicates.	2217

(Q) "Percentile" means the percentile in which the school	2218
district is ranked pursuant to division (D) of section 3318.011 of	2219
the Revised Code.	2220

(R) "Installation of site utilities" means the installation	2221
of a site domestic water system, site fire protection system, site	2222
gas distribution system, site sanitary system, site storm drainage	2223
system, and site telephone and data system.	2224

(S) "Site preparation" means the earthwork necessary for	2225
preparation of the building foundation system, the paved	2226
pedestrian and vehicular circulation system, playgrounds on the	2227
project site, and lawn and planting on the project site.	2228

Sec. 3318.02.  (A) For purposes of sections 3318.01 to	2229
3318.33 of the Revised Code, the Ohio school facilities commission	2230
shall periodically perform an assessment of the classroom facility	2231
needs in the state to identify school districts in need of	2232
additional classroom facilities, or replacement or reconstruction	2233
of existent classroom facilities, and the cost to each such	2234
district of constructing or acquiring such additional facilities	2235
or making such renovations.	2236

(B) Based upon the most recent assessment conducted pursuant	2237
to division (A) of this section, the commission shall conduct	2238
on-site visits to school districts identified as having classroom	2239
facility needs to confirm the findings of the periodic assessment	2240
and further evaluate the classroom facility needs of the district.	2241
The evaluation shall assess the district's need to construct or	2242
acquire new classroom facilities and may include an assessment of	2243
the district's need for building additions or for the	2244
reconstruction of existent buildings in lieu of constructing or	2245
acquiring replacement buildings.	2246

(C)(1) Except as provided in division (C)(2) of this section,	2247
on-site visits performed on or after May 20, 1997, shall be	2248
performed in the order specified in this division. The first round	2249
of on-site visits first succeeding the effective date of this	2250
amendment, May 20, 1997, shall be limited to the school districts	2251
in the first through fifth percentiles, excluding districts that	2252
are ineligible for funding under this chapter pursuant to section	2253
3318.04 of the Revised Code. The second round of on-site visits	2254
shall be limited to the school districts in the first through	2255
tenth percentiles, excluding districts that are ineligible for	2256
funding under this chapter pursuant to section 3318.04 of the	2257
Revised Code. Each succeeding round of on-site visits shall be	2258
limited to the percentiles included in the immediately preceding	2259
round of on-site visits plus the next five percentiles. Except for	2260
the first round of on-site visits, no round of on-site visits	2261
shall commence unless eighty per cent of the districts for which	2262
on-site visits were performed during the immediately preceding	2263
round, have had projects approved under section 3318.04 of the	2264
Revised Code.	2265

(2) Notwithstanding division (C)(1) of this section, the	2266
commission may perform on-site visits for school districts in the	2267
next highest percentile to the percentiles included in the current	2268
round of on-site visits, and then to succeeding percentiles one at	2269
a time, not to exceed the twenty-fifth percentile, if all of the	2270
following apply:	2271

(a) Less than eighty per cent of the districts for which	2272
on-site visits were performed in the current round, and in any	2273
percentiles for which on-site visits were performed in addition to	2274
the current round pursuant to this division, have had projects	2275
approved under section 3318.04 of the Revised Code;	2276

(b) There are funds appropriated for the purpose of sections	2277
3318.01 to 3318.20 of the Revised Code that are not reserved and	2278
encumbered for projects pursuant to section 3318.04 of the Revised	2279
Code;	2280

(c) The commission makes a finding that such available funds	2281
would be more thoroughly utilized if on-site visits were extended	2282
to the next highest percentile.	2283

(D) Notwithstanding divisions (B) and (C) of this section, in	2284
any bienniumfiscal year, the commission may limit the number of	2285
districts for which it conducts on-site visits based upon its	2286
projections of the moneys available and moneys necessary to	2287
undertake projects under sections 3318.01 to 3318.33 of the	2288
Revised Code for the current bienniumthat year.	2289

Sec. 3318.03. (A) Before conducting an on-site evaluation of	2290
a school district under section 3318.02 of the Revised Code, at	2291
the request of the district board of education, the Ohio school	2292
facilities commission shall examine any classroom facilities needs	2293
assessment that has been conducted by the district and any master	2294
plan developed for meeting the facility needs of the district.	2295

(B) Upon conducting the on-site evaluation under section	2296
3318.02 of the Revised Code, the Ohio school facilities commission	2297
shall make a determination of all of the following:	2298

(1) The needs of the school district for additional classroom	2299
facilities;	2300

(2) The number of classroom facilities to be included in a	2301
project and the basic project cost of constructing, acquiring,	2302
reconstructing, or making additions to each such facility;	2303

(3) The amount of such cost that the school district can	2304
supply from available funds, by the issuance of bonds previously	2305
authorized by the electors of the school district the proceeds of	2306
which can lawfully be used for the project and by the issuance of	2307
bonds under section 3318.05 of the Revised Code;	2308

(4) The remaining amount of such cost that shall be supplied	2309
by the state;	2310

(5) The amount of the state's portion to be encumbered in	2311
accordance with section 3318.11 of the Revised Code in the current	2312
and subsequent fiscal bienniumsyears from funds appropriated for	2313
purposes of sections 3318.01 to 3318.20 of the Revised Code.	2314

(C) The commission shall make a determination in favor of	2315
constructing, acquiring, reconstructing, or making additions to a	2316
classroom facility only upon evidence that the proposed project	2317
conforms to sound educational practice, that it is in keeping with	2318
the orderly process of school district reorganization and	2319
consolidation, and that the actual or projected enrollment in each	2320
classroom facility proposed to be included in the project is at	2321
least three hundred fifty pupils. Exceptions shall be authorized	2322
only in those districts where topography, sparsity of population,	2323
and other factors make larger schools impracticable.	2324

If the school district board determines that an existing	2325
facility has historical value or for other good cause determines	2326
that an existing facility should be renovated in lieu of acquiring	2327
a comparable facility by new construction, the commission may	2328
approve the expenditure of project funds for the renovation of	2329
that facility up to but not exceeding one hundred per cent of the	2330
estimated cost of acquiring a comparable facility by new	2331
construction, as long as the commission determines that the	2332
facility when renovated can be operationally efficient, will be	2333
adequate for the future needs of the district, and will comply	2334
with the other provisions of this division.	2335

(D) Sections 125.81 and 153.04 of the Revised Code shall not	2336
apply to classroom facilities constructed under either sections	2337
3318.01 to 3318.20 or sections 3318.40 to 3318.45 of the Revised	2338
Code.	2339

Sec. 3318.04.  (A) If the Ohio school facilities commission	2340
makes a determination under section 3318.03 of the Revised Code in	2341
favor of constructing, acquiring, reconstructing, or making	2342
additions to a classroom facility, the project shall be	2343
conditionally approved. Such conditional approval shall be	2344
submitted to the controlling board for approval thereof. The	2345
controlling board shall forthwith approve or reject the	2346
commission's determination, conditional approval, the amount of	2347
the state's portion of the basic project cost, and, the amount of	2348
the state's portion to be encumbered in the current fiscal	2349
bienniumyear. In the event of approval thereof by the controlling	2350
board, the commission shall certify such conditional approval to	2351
the school district board and shall encumber from the total funds	2352
appropriated for the purpose of sections 3318.01 to 3318.20 of the	2353
Revised Code the amount approved under this section to be	2354
encumbered in the current fiscal bienniumyear.	2355

The basic project cost for a project approved under this	2356
section shall not exceed the cost that would otherwise have to be	2357
incurred if the classroom facilities to be constructed, acquired,	2358
or reconstructed, or the additions to be made to classroom	2359
facilities, under such project meet, but do not exceed, the	2360
specifications for plans and materials for classroom facilities	2361
adopted by the commission.	2362

(B)(1) No school district shall have a project conditionally	2363
approved pursuant to this section if the school district has	2364
already received any assistance for a project funded under any	2365
version of sections 3318.01 to 3318.20 of the Revised Code, and	2366
the prior project was one for which the electors of such district	2367
approved a levy within the last twenty years pursuant to any	2368
version of section 3318.06 of the Revised Code for purposes of	2369
qualifying for the funding of that project, unless the district	2370
demonstrates to the satisfaction of the commission that the	2371
district has experienced since approval of its prior project an	2372
exceptional increase in enrollment significantly above the	2373
district's design capacity under that prior project as determined	2374
by rule of the commission.	2375

(2) Notwithstanding division (B)(1) of this section, any	2376
school district that received assistance under sections 3318.01 to	2377
3318.20 of the Revised Code, as those sections existed prior to	2378
May 20, 1997, may receive additional assistance under those	2379
sections, as they exist on and after May 20, 1997, prior to the	2380
expiration of the period of time required under division (B)(1) of	2381
this section, if the percentile in which the school district is	2382
located, as determined under section 3318.011 of the Revised Code,	2383
is eligible for assistance as prescribed in section 3318.02 of the	2384
Revised Code.	2385

The commission may provide assistance under sections 3318.01	2386
to 3318.20 of the Revised Code pursuant to this division to no	2387
more than five school districts per fiscal year until all eligible	2388
school districts have received the additional assistance	2389
authorized under this division. The commission shall establish	2390
application procedures, deadlines, and priorities for funding	2391
projects under this division.	2392

The commission at its discretion may waive current design	2393
specifications it has adopted for projects under sections 3318.01	2394
to 3318.20 of the Revised Code when assessing an application for	2395
additional assistance under this division for the renovation of	2396
classroom facilities constructed or renovated under a school	2397
district's previous project. If the commission finds that a school	2398
district's existing classroom facilities are adequate to meet all	2399
of the school district's needs, the commission may determine that	2400
no additional state assistance be awarded to a school district	2401
under this division.	2402

In order for a school district to be eligible to receive any	2403
additional assistance under this division, the school district	2404
electors shall extend the school district's existing levy	2405
dedicated for maintenance of classroom facilities under Chapter	2406
3318. of the Revised Code, pursuant to section 3318.061 of the	2407
Revised Code or shall provide equivalent alternative maintenance	2408
funds as specified in division (A)(2) of section 3318.06 of the	2409
Revised Code.	2410

(3) Notwithstanding division (B)(1) of this section, any	2411
school district that has received assistance under sections	2412
3318.01 to 3318.20 of the Revised Code after May 20, 1997, may	2413
receive additional assistance if the commission decides in favor	2414
of providing such assistance pursuant to section 3318.042 of the	2415
Revised Code.	2416

Sec. 3318.11.  For any project undertaken with financial	2417
assistance from the state under this chapter, the amount of state	2418
appropriations to be encumbered for the project in each fiscal	2419
bienniumyear shall be determined by the Ohio school facilities	2420
commission based on the project's estimated construction schedule	2421
for that bienniumyear. In each fiscal bienniumyear subsequent to	2422
the first bienniumyear in which state appropriations are	2423
encumbered for the project, the project has priority for state	2424
funds over projects for which initial state funding is sought.	2425

Sec. 3318.37.  (A)(1) As used in this section:

2426

(a) "Large land area school district" means a school district	2427
with a territory of greater than three hundred square miles in any	2428
percentile as determined under section 3318.011 of the Revised	2429
Code.	2430

(b) "Low wealth school district" means a school district in	2431
the first through fiftieth percentiles as determined under section	2432
3318.011 of the Revised Code.	2433

(c) A "school district with an exceptional need for immediate	2434
classroom facilities assistance" means a low wealth or large land	2435
area school district with an exceptional need for new facilities	2436
in order to protect the health and safety of all or a portion of	2437
its students.	2438

(2) School districtsNo school district reasonably expected	2439
to be eligible for state assistance under sections 3318.01 to	2440
3318.20 of the Revised Code within three fiscal years after the	2441
year of the application for assistance under this section and	2442
school districts that participate in the school building	2443
assistance expedited local partnership program under section	2444
3318.36 of the Revised Code, except for such districts described	2445
in division (A)(3) of this section, shall not be eligible for	2446
assistance under this section, unless the district's entire	2447
classroom facilities plan consists of only a single building	2448
designed to house grades kindergarten through twelve and the	2449
district satisfies the conditions prescribed in divisions	2450
(A)(3)(a) and (b) of this section.	2451

(3) School districts that participateNo school district that	2452
participates in the school building assistance expedited local	2453
partnership program under section 3318.36 of the Revised Code may	2454
shall receive assistance under the program established under this	2455
section only ifunless the following conditions are satisfied:	2456

(a) The district board adopted a resolution certifying its	2457
intent to participate in the school building assistance expedited	2458
local partnership program under section 3318.36 of the Revised	2459
Code prior to September 14, 2000.	2460

(b) The district was selected by the Ohio school facilities	2461
commission for participation in the school building assistance	2462
expedited local partnership program under section 3318.36 of the	2463
Revised Code in the manner prescribed by the commission under that	2464
section as it existed prior to September 14, 2000.	2465

(B)(1) There is hereby established the exceptional needs	2466
school facilities assistance program. Under the program, the Ohio	2467
school facilities commission may set aside from the moneys	2468
annually appropriated to it for classroom facilities assistance	2469
projects up to twenty-five per cent for assistance to school	2470
districts with exceptional needs for immediate classroom	2471
facilities assistance.	2472

(2)(a) After consulting with education and construction	2473
experts, the commission shall adopt guidelines for identifying	2474
school districts with an exceptional need for immediate classroom	2475
facilities assistance.	2476

(b) The guidelines shall include application forms and	2477
instructions for school districts to use in applying for	2478
assistance under this section.	2479

(3) The commission shall evaluate the classroom facilities,	2480
and the need for replacement classroom facilities from the	2481
applications received under this section. The commission,	2482
utilizing the guidelines adopted under division (B)(2)(a) of this	2483
section, shall prioritize the school districts to be assessed.	2484

Notwithstanding section 3318.02 of the Revised Code, the	2485
commission may conduct on-site evaluation of the school districts	2486
prioritized under this section and approve and award funds until	2487
such time as all funds set aside under division (B)(1) of this	2488
section have been encumbered. However, the commission need not	2489
conduct the evaluation of facilities if the commission determines	2490
that a district's assessment conducted under section 3318.36 of	2491
the Revised Code is sufficient for purposes of this section.	2492

(4) Notwithstanding division (A) of section 3318.05 of the	2493
Revised Code, the school district's portion of the basic project	2494
cost under this section shall be the "required percentage of the	2495
basic project costs," as defined in division (K) of section	2496
3318.01 of the Revised Code.	2497

(5) Except as otherwise specified in this section, any	2498
project undertaken with assistance under this section shall comply	2499
with all provisions of sections 3318.01 to 3318.20 of the Revised	2500
Code. A school district may receive assistance under sections	2501
3318.01 to 3318.20 of the Revised Code for the remainder of the	2502
district's classroom facilities needs as assessed under this	2503
section when the district is eligible for such assistance pursuant	2504
to section 3318.02 of the Revised Code, but any classroom facility	2505
constructed with assistance under this section shall not be	2506
included in a district's project at that time unless the	2507
commission determines the district has experienced the increased	2508
enrollment specified in division (B)(1) of section 3318.04 of the	2509
Revised Code.	2510

(C) No school district shall receive assistance under this	2511
section for a classroom facility that has been included in the	2512
discrete part of the district's classroom facilities needs	2513
identified and addressed in the district's project pursuant to an	2514
agreement entered into under section 3318.36 of the Revised Code,	2515
unless the district's entire classroom facilities plan consists of	2516
only a single building designed to house grades kindergarten	2517
through twelve.	2518

Sec. 3318.41. (A)(1) The Ohio school facilities commission	2519
annually shall assess the classroom facilities needs of the number	2520
of joint vocational school districts that the commission	2521
reasonably expects to be able to provide assistance to in a fiscal	2522
year, based on the amount set aside for that fiscal year under	2523
division (B) of section 3318.40 of the Revised Code and the order	2524
of priority prescribed in division (B) of section 3318.42 of the	2525
Revised Code, except that in fiscal year 2004 the commission shall	2526
conduct at least the five assessments prescribed in division (E)	2527
of section 3318.40 of the Revised Code.	2528

Upon conducting an assessment of the classroom facilities	2529
needs of a school district, the commission shall make a	2530
determination of all of the following:	2531

(a) The number of classroom facilities to be included in a	2532
project and the basic project cost of acquiring the classroom	2533
facilities included in the project. The number of facilities and	2534
basic project cost shall be determined in accordance with the	2535
specifications adopted under section 3318.311 of the Revised Code	2536
except to the extent that compliance with such specifications is	2537
waived by the commission pursuant to the rule of the commission	2538
adopted under division (F) of section 3318.40 of the Revised Code.	2539

(b) The school district's portion of the basic project cost	2540
as determined under division (C) of section 3318.42 of the Revised	2541
Code;	2542

(c) The remaining portion of the basic project cost that	2543
shall be supplied by the state;	2544

(d) The amount of the state's portion of the basic project	2545
cost to be encumbered in accordance with section 3318.11 of the	2546
Revised Code in the current and subsequent fiscal bienniumsyears	2547
from funds set aside under division (B) of section 3318.40 of the	2548
Revised Code.	2549

(2) Divisions (A), (C), and (D) of section 3318.03 of the	2550
Revised Code apply to any project under sections 3318.40 to	2551
3318.45 of the Revised Code.	2552

(B)(1) If the commission makes a determination under division	2553
(A) of this section in favor of the acquisition of classroom	2554
facilities for a project under sections 3318.40 to 3318.45 of the	2555
Revised Code, such project shall be conditionally approved. Such	2556
conditional approval shall be submitted to the controlling board	2557
for approval. The controlling board shall immediately approve or	2558
reject the commission's determination, conditional approval, the	2559
amount of the state's portion of the basic project cost, and the	2560
amount of the state's portion of the basic project cost to be	2561
encumbered in the current fiscal bienniumyear. In the event of	2562
approval by the controlling board, the commission shall certify	2563
the conditional approval to the joint vocational school district	2564
board of education and shall encumber the approved funds for the	2565
current fiscal year.	2566

(2) No school district that receives assistance under	2567
sections 3318.40 to 3318.45 of the Revised Code shall have another	2568
such project conditionally approved until the expiration of twenty	2569
years after the school district's prior project was conditionally	2570
approved, unless the school district board demonstrates to the	2571
satisfaction of the commission that the school district has	2572
experienced since conditional approval of its prior project an	2573
exceptional increase in enrollment or program requirements	2574
significantly above the school district's design capacity under	2575
that prior project as determined by rule of the commission. Any	2576
rule adopted by the commission to implement this division shall be	2577
tailored to address the classroom facilities needs of joint	2578
vocational school districts.	2579

(C) In addition to generating the amount of the school	2580
district's portion of the basic project cost as determined under	2581
division (C) of section 3318.42 of the Revised Code, in order for	2582
a school district to receive assistance under sections 3318.40 to	2583
3318.45 of the Revised Code, the school district board shall set	2584
aside school district moneys for the maintenance of the classroom	2585
facilities included in the school district's project in the amount	2586
and manner prescribed in section 3318.43 of the Revised Code.	2587

(D)(1) The conditional approval for a project certified under	2588
division (B)(1) of this section shall lapse and the amount	2589
reserved and encumbered for such project shall be released unless	2590
both of the following conditions are satisfied:	2591

(a) Within one hundred twenty days following the date of	2592
certification of the conditional approval to the joint vocational	2593
school district board, the school district board accepts the	2594
conditional approval and certifies to the commission the school	2595
district board's plan to generate the school district's portion of	2596
the basic project cost, as determined under division (C) of	2597
section 3318.42 of the Revised Code, and to set aside moneys for	2598
maintenance of the classroom facilities acquired under the	2599
project, as prescribed in section 3318.43 of the Revised Code.	2600

(b) Within one year following the date of certification of	2601
the conditional approval to the school district board, the	2602
electors of the school district vote favorably on any ballot	2603
measures proposed by the school district board to generate the	2604
school district's portion of the basic project cost.	2605

(2) If the school district board or electors fail to satisfy	2606
the conditions prescribed in division (D)(1) of this section and	2607
the amount reserved and encumbered for the school district's	2608
project is released, the school district shall be given first	2609
priority over other joint vocational school districts for project	2610
funding under sections 3318.40 to 3318.45 of the Revised Code as	2611
such funds become available.	2612

(E) If the conditions prescribed in division (D)(1) of this	2613
section are satisfied, the commission and the school district	2614
board shall enter into an agreement as prescribed in section	2615
3318.08 of the Revised Code and shall proceed with the development	2616
of plans, cost estimates, designs, drawings, and specifications as	2617
prescribed in section 3318.091 of the Revised Code.	2618

(F) Costs in excess of those approved by the commission under	2619
section 3318.091 of the Revised Code shall be payable only as	2620
provided in sections 3318.042 and 3318.083 of the Revised Code.	2621

(G) Advertisement for bids and the award of contracts for	2622
construction of any project under sections 3318.40 to 3318.45 of	2623
the Revised Code shall be conducted in accordance with section	2624
3318.10 of the Revised Code.	2625

(H) The state funds reserved and encumbered and the funds	2626
provided by the school district to pay the basic project cost of a	2627
project under sections 3318.40 to 3318.45 of the Revised Code	2628
shall be spent simultaneously in proportion to the state's and the	2629
school district's respective portions of that basic project cost.	2630

(I) Sections 3318.13, 3318.14, and 3318.16 of the Revised	2631
Code apply to projects under sections 3318.40 to 3318.45 of the	2632
Revised Code.	2633

Sec. 3333.072. The Ohio board of regents, after consulting	2634
with the state colleges and universities and with the office of	2635
budget and management, shall adopt rules in accordance with	2636
Chapter 119. of the Revised Code to govern the allocation of state	2637
capital appropriations to state colleges and universities. In	2638
drafting the rules, the board shall incorporate the	2639
recommendations of the final report of the commission to study	2640
higher education debt service, issued June 28, 1994, as these	2641
recommendations have been utilized and modified in procedures	2642
developed by the board and the office of budget and management	2643
since the report was issued.	2644

Sec. 3345.50.  Notwithstanding anything to the contrary in	2645
sections 123.01 and 123.15 of the Revised Code, a state	2646
university, the medical college of Ohio at Toledo, a state	2647
community college, or the northeastern Ohio universities college	2648
of medicine not certified pursuant to section 123.17 of the	2649
Revised Code may administer any capital facilities project for the	2650
construction, reconstruction, improvement, renovation,	2651
enlargement, or alteration of a public improvement under its	2652
jurisdiction for which the total amount of funds expected to be	2653
appropriated by the general assembly does not exceed four million	2654
dollars without the supervision, control, or approval of the	2655
department of administrative services as specified in those	2656
sections, if both of the following occur:	2657

(A) Within sixty days after the effective date of the section	2658
of an act in which the general assembly initially makes an	2659
appropriation for the project, the board of trustees of the	2660
institution notifies the Ohio board of regents in writing of its	2661
intent to administer the capital facilities project;	2662

(B) The board of trustees complies with the guidelines	2663
established pursuant to section 153.16 of the Revised Code and all	2664
laws that govern the selection of consultants, preparation and	2665
approval of contract documents, receipt of bids, and award of	2666
contracts with respect to the project.	2667

The board of regents shall adopt rules in accordance with	2668
Chapter 119. of the Revised Code that establish criteria for the	2669
administration by any such institution of higher education of a	2670
capital facilities project for which the total amount of funds	2671
expected to be appropriated by the general assembly exceeds four	2672
million dollars. The criteria, to be developed with the department	2673
of administrative services and higher education representatives	2674
selected by the board of regents, shall include such matters as	2675
the adequacy of the staffing levels and expertise needed for the	2676
institution to administer the project, past performance of the	2677
institution in administering such projects, and the amount of	2678
institutional or other nonstate money to be used in financing the	2679
project. The board of regents and the department of administrative	2680
services shall approve the request of any such institution of	2681
higher education that seeks to administer any such capital	2682
facilities project and meets the criteria set forth in the rules	2683
and in the requirements of division (B) of this section.	2684

Sec. 3345.51.  (A) Notwithstanding anything to the contrary	2685
in sections 123.01 and 123.15 of the Revised Code, a state	2686
university, the medical college of Ohio at Toledo, the	2687
northeastern Ohio universities college of medicine, or a state	2688
community college may administer any capital facilities project	2689
for the construction, reconstruction, improvement, renovation,	2690
enlargement, or alteration of a public improvement under its	2691
jurisdiction for which funds are appropriated by the general	2692
assembly without the supervision, control, or approval of the	2693
department of administrative services as specified in those	2694
sections, if all of the following occur:	2695

(1) The institution is certified by the state architect under	2696
section 123.17 of the Revised Code;	2697

(2) Within sixty days after the effective date of the section	2698
of an act in which the general assembly initially makes an	2699
appropriation for the project, the board of trustees of the	2700
institution notifies the Ohio board of regents in writing of its	2701
request to administer the capital facilities project and the board	2702
of regents approves that request pursuant to division (B) of this	2703
section;	2704

(3) The board of trustees passes a resolution stating its	2705
intent to comply with section 153.13 of the Revised Code and the	2706
guidelines established pursuant to section 153.16 of the Revised	2707
Code and all laws that govern the selection of consultants,	2708
preparation and approval of contract documents, receipt of bids,	2709
and award of contracts with respect to the project.	2710

(B) The board of regents shall adopt rules in accordance with	2711
Chapter 119. of the Revised Code that establish criteria for the	2712
administration by any such institution of higher education of a	2713
capital facilities project for which the general assembly	2714
appropriates funds. The criteria, to be developed with the	2715
department of administrative services and higher education	2716
representatives selected by the board of regents, shall include	2717
such matters as the adequacy of the staffing levels and expertise	2718
needed for the institution to administer the project, past	2719
performance of the institution in administering such projects, and	2720
the amount of institutional or other nonstate money to be used in	2721
financing the project. The board of regents shall approve the	2722
request of any such institution of higher education that seeks to	2723
administer any such capital facilities project and meets the	2724
criteria set forth in the rules and the requirements of division	2725
(A) of this section.	2726

(C) Any institution that administers a capital facilities	2727
project under this section shall conduct biennial audits for the	2728
duration of the project to ensure that the institution is	2729
complying with Chapters 9., 123., and 153. of the Revised Code and	2730
that the institution is using its certification issued under	2731
section 123.17 of the Revised Code appropriately. The board of	2732
regents, in consultation with higher education representatives	2733
selected by the board, shall adopt rules in accordance with	2734
Chapter 119. of the Revised Code that establish criteria for the	2735
conduct of the audits. The criteria shall include documentation	2736
necessary to determine compliance with Chapters 9., 123., and 153.	2737
of the Revised Code and a method to determine whether an	2738
institution is using its certification issued under section 123.17	2739
of the Revised Code appropriately.	2740

(D) The board of regents, in consultation with higher	2741
education representatives selected by the board, shall adopt rules	2742
in accordance with Chapter 119. of the Revised Code establishing	2743
criteria for monitoring capital facilities projects administered	2744
by institutions under this section. The criteria shall include the	2745
following:	2746

(1) Conditions under which the board of regents may revoke	2747
the authority of an institution to administer a capital facilities	2748
project under this section, including the failure of an	2749
institution to maintain a sufficient number of employees who have	2750
successfully completed the certification program under section	2751
123.17 of the Revised Code;	2752

(2) A process for institutions to remedy any problems found	2753
by an audit conducted pursuant to division (C) of this section,	2754
including the improper use of state funds or violations of Chapter	2755
9., 123., or 153. of the Revised Code.	2756

(E) If the board of regents revokes an institution's	2757
authority to administer a capital facilities project, the	2758
department of administrative services shall administer the capital	2759
facilities project. The board of regents also may require an	2760
institution, for which the board revoked authority to administer a	2761
capital facilities project, to acquire a new local administration	2762
competency certification pursuant to section 123.17 of the Revised	2763
Code.	2764

Sec. 3383.01.  As used in this chapter:

2765

(A) "Culture" means any of the following:

2766

(1) Visual, musical, dramatic, graphic, design, and other	2767
arts, including, but not limited to, architecture, dance,	2768
literature, motion pictures, music, painting, photography,	2769
sculpture, and theater, and the provision of training or education	2770
in these arts;	2771

(2) The presentation or making available, in museums or other	2772
indoor or outdoor facilities, of principles of science and their	2773
development, use, or application in business, industry, or	2774
commerce or of the history, heritage, development, presentation,	2775
and uses of the arts described in division (A)(1) of this section	2776
and of transportation;	2777

(3) The preservation, presentation, or making available of	2778
features of archaeological, architectural, environmental, or	2779
historical interest or significance in a state historical facility	2780
or a local historical facility.	2781

(B) "Cultural organization" means either of the following:

2782

(1) A governmental agency or Ohio nonprofit corporation that	2783
provides programs or activities in areas directly concerned with	2784
culture;	2785

(2) A regional arts and cultural district as defined in	2786
section 3381.01 of the Revised Code.	2787

(C) "Cultural project" means all or any portion of an Ohio	2788
cultural facility for which the general assembly has specifically	2789
authorized the spending of money, or made an appropriation,	2790
pursuant to division (D)(3) or (E) of section 3383.07 of the	2791
Revised Code.	2792

(D) "Cooperative contract" means a contract between the Ohio	2793
cultural facilities commission and a cultural organization	2794
providing the terms and conditions of the cooperative use of an	2795
Ohio cultural facility.	2796

(E) "Costs of operation" means amounts required to manage an	2797
Ohio cultural facility that are incurred following the completion	2798
of construction of its cultural project, provided that both of the	2799
following apply:	2800

(1) Those amounts either:

2801

(a) Have been committed to a fund dedicated to that purpose;

2802

(b) Equal the principal of any endowment fund, the income	2803
from which is dedicated to that purpose.	2804

(2) The commission and the cultural organization have	2805
executed an agreement with respect to either of those funds.	2806

(F) "General building services" means general building	2807
services for an Ohio cultural facility or an Ohio sports facility,	2808
including, but not limited to, general custodial care, security,	2809
maintenance, repair, painting, decoration, cleaning, utilities,	2810
fire safety, grounds and site maintenance and upkeep, and	2811
plumbing.	2812

(G) "Governmental agency" means a state agency, a	2813
state-supported or state-assisted institution of higher education,	2814
a municipal corporation, county, township, or school district, a	2815
port authority created under Chapter 4582. of the Revised Code,	2816
any other political subdivision or special district in this state	2817
established by or pursuant to law, or any combination of these	2818
entities; except where otherwise indicated, the United States or	2819
any department, division, or agency of the United States, or any	2820
agency, commission, or authority established pursuant to an	2821
interstate compact or agreement.	2822

(H) "Local contributions" means the value of an asset	2823
provided by or on behalf of a cultural organization from sources	2824
other than the state, the value and nature of which shall be	2825
approved by the Ohio cultural facilities commission, in its sole	2826
discretion. "Local contributions" may include the value of the	2827
site where a cultural project is to be constructed. All "local	2828
contributions," except a contribution attributable to such a site,	2829
shall be for the costs of construction of a cultural project or	2830
the creation or expansion of an endowment for the costs of	2831
operation of a cultural facility.	2832

(I) "Local historical facility" means a site or facility,	2833
other than a state historical facility, of archaeological,	2834
architectural, environmental, or historical interest or	2835
significance, or a facility, including a storage facility,	2836
appurtenant to the operations of such a site or facility, that is	2837
owned by a cultural organization, provided the facility meets the	2838
requirements of division (K)(2)(b) of this section, is managed by	2839
or pursuant to a contract with the Ohio cultural facilities	2840
commission, and is used for or in connection with the activities	2841
of the commission, including the presentation or making available	2842
of culture to the public.	2843

(J) "Manage," "operate," or "management" means the provision	2844
of, or the exercise of control over the provision of, activities:	2845

(1) Relating to culture for an Ohio cultural facility,	2846
including as applicable, but not limited to, providing for	2847
displays, exhibitions, specimens, and models; booking of artists,	2848
performances, or presentations; scheduling; and hiring or	2849
contracting for directors, curators, technical and scientific	2850
staff, ushers, stage managers, and others directly related to the	2851
cultural activities in the facility; but not including general	2852
building services;	2853

(2) Relating to sports and athletic events for an Ohio sports	2854
facility, including as applicable, but not limited to, providing	2855
for booking of athletes, teams, and events; scheduling; and hiring	2856
or contracting for staff, ushers, managers, and others directly	2857
related to the sports and athletic events in the facility; but not	2858
including general building services.	2859

(K) "Ohio cultural facility" means any of the following:

2860

(1) The theaters located in the state office tower at 77	2861
South High street in Columbus;	2862

(2) Any capital facility in this state to which both of the	2863
following apply:	2864

(a) The construction of a cultural project related to the	2865
facility was authorized or funded by the general assembly pursuant	2866
to division (D)(3) of section 3383.07 of the Revised Code and	2867
proceeds of state bonds are used for costs of the cultural	2868
project.	2869

(b) The facility is managed directly by, or is subject to a	2870
cooperative or management contract with, the Ohio cultural	2871
facilities commission, and is used for or in connection with the	2872
activities of the commission, including the presentation or making	2873
available of culture to the public and the provision of training	2874
or education in culture.	2875

(3) A state historical facility or a local historical	2876
facility.	2877

(L) "State agency" means the state or any of its branches,	2878
officers, boards, commissions, authorities, departments,	2879
divisions, or other units or agencies.	2880

(M) "Construction" includes acquisition, including	2881
acquisition by lease-purchase, demolition, reconstruction,	2882
alteration, renovation, remodeling, enlargement, improvement, site	2883
improvements, and related equipping and furnishing.	2884

(N) "State historical facility" means a site or facility of	2885
archaeological, architectural, environmental, or historical	2886
interest or significance, or a facility, including a storage	2887
facility, appurtenant to the operations of such a site or	2888
facility, that is owned by or is located on real property owned by	2889
the state or by a cultural organization, so long as the real	2890
property of the cultural organization is contiguous to state-owned	2891
real property that is in the care, custody, and control of a	2892
cultural organization, and that has all of the following	2893
characteristics:	2894

(1) It is created, supervised, operated, protected,	2895
maintained, and promoted by the Ohio historical society pursuant	2896
to the society's performance of public functions under sections	2897
149.30 and 149.302 of the Revised Code.	2898

(2) Its title must reside wholly or in part with the state,	2899
the society, or both the state and the society.	2900

(3) It is managed directly by or is subject to a cooperative	2901
or management contract with the Ohio cultural facilities	2902
commission and is used for or in connection with the activities of	2903
the commission, including the presentation or making available of	2904
culture to the public.	2905

(O) "Ohio sports facility" means all or a portion of a	2906
stadium, arena, motorsports complex, or other capital facility in	2907
this state, a primary purpose of which is to provide a site or	2908
venue for the presentation to the public of either motorsports	2909
events or events of one or more major or minor league professional	2910
athletic or sports teams that are associated with the state or	2911
with a city or region of the state, which facility is, in the case	2912
of a motorsports complex, owned by the state or governmental	2913
agency, or in all other instances, is owned by or is located on	2914
real property owned by the state or a governmental agency, and	2915
including all parking facilities, walkways, and other auxiliary	2916
facilities, equipment, furnishings, and real and personal property	2917
and interests and rights therein, that may be appropriate for or	2918
used for or in connection with the facility or its operation, for	2919
capital costs of which state funds are spent pursuant to this	2920
chapter. A facility constructed as an Ohio sports facility may be	2921
both an Ohio cultural facility and an Ohio sports facility.	2922

(P) "Motorsports" means sporting events in which motor	2923
vehicles are driven on a clearly demarcated tracked surface.	2924

Sec. 3383.02.  (A) There is hereby created the Ohio cultural	2925
facilities commission. Notwithstanding any provision to the	2926
contrary contained in Chapter 152. of the Revised Code, theThe	2927
commission shall engage in and provide for the development,	2928
performance, and presentation or making available of culture and	2929
professional sports and athletics to the public in this state, and	2930
the provision of training or education in culture, by the exercise	2931
of its powers under this chapter, including the provision,	2932
operation, management, and cooperative use of Ohio cultural	2933
facilities and Ohio sports facilities. The commission is a body	2934
corporate and politic, an agency of state government and an	2935
instrumentality of the state, performing essential governmental	2936
functions of this state. The carrying out of the purposes and the	2937
exercise by the commission of its powers conferred by this chapter	2938
are essential public functions and public purposes of the state	2939
and of state government. The commission may, in its own name, sue	2940
and be sued, enter into contracts, and perform all the powers and	2941
duties given to it by this chapter; however, it does not have and	2942
shall not exercise the power of eminent domain.	2943

(B) The commission shall consist of ten members, seven of	2944
whom shall be voting members and three of whom shall be nonvoting	2945
members. The seven voting members shall be appointed by the	2946
governor, with the advice and consent of the senate, from	2947
different geographical regions of the state. In addition, one of	2948
the voting members shall represent the state architect. Not more	2949
than four of the members appointed by the governor shall be	2950
affiliated with the same political party. The nonvoting members	2951
shall be the staff director of the Ohio arts council, a member of	2952
the senate appointed by the president of the senate, and a member	2953
of the house of representatives appointed by the speaker of the	2954
house.	2955

(C) Of the five initial appointments made by the governor,	2956
one shall be for a term expiring December 31, 1989, two shall be	2957
for terms expiring December 31, 1990, and two shall be for terms	2958
expiring December 31, 1991. Of the initial appointments of the	2959
sixth and seventh voting members made by the governor, one shall	2960
be for a term expiring December 31, 2003, and one shall be for a	2961
term expiring December 31, 2004. Thereafter, each such term shall	2962
be for three years, commencing on the first day of January and	2963
ending on the thirty-first day of December. Each appointment by	2964
the president of the senate and by the speaker of the house of	2965
representatives shall be for the balance of the then legislative	2966
biennium. Each member shall hold office from the date of the	2967
member's appointment until the end of the term for which the	2968
member was appointed. Any member appointed to fill a vacancy	2969
occurring prior to the expiration of the term for which the	2970
member's predecessor was appointed shall hold office for the	2971
remainder of such term. Any member shall continue in office	2972
subsequent to the expiration date of the member's term until the	2973
member's successor takes office, or until a period of sixty days	2974
has elapsed, whichever occurs first.	2975

(D) Members of the commission shall serve without	2976
compensation.	2977

(E) Organizational meetings of the commission shall be held	2978
at the first meeting of each calendar year. At each organizational	2979
meeting, the commission shall elect from among its voting members	2980
a chairperson, a vice-chairperson, and a secretary-treasurer, who	2981
shall serve until the next annual meeting. The commission shall	2982
adopt rules pursuant to section 111.15 of the Revised Code for the	2983
conduct of its internal business and shall keep a journal of its	2984
proceedings.	2985

(F) Four voting members of the commission constitute a	2986
quorum, and the affirmative vote of four members is necessary for	2987
approval of any action taken by the commission. A vacancy in the	2988
membership of the commission does not impair a quorum from	2989
exercising all the rights and performing all the duties of the	2990
commission. Meetings of the commission may be held anywhere in the	2991
state, and shall be held in compliance with section 121.22 of the	2992
Revised Code.	2993

(G) All expenses incurred in carrying out this chapter are	2994
payable solely from money accrued under this chapter or	2995
appropriated for these purposes by the general assembly, and the	2996
commission shall incur no liability or obligation beyond such	2997
money.	2998

(H) The commission shall file an annual report of its	2999
activities and finances with the governor, director of budget and	3000
management, speaker of the house of representatives, president of	3001
the senate, and chairpersons of the house and senate finance	3002
committees.	3003

(I) There is hereby established in the state treasury the	3004
Ohio cultural facilities commission administration fund. All	3005
revenues of the commission shall be credited to that fund and to	3006
any accounts created in the fund with the commission's approval.	3007
All expenses of the commission, including reimbursement of, or	3008
payment to, any other fund or any governmental agency for advances	3009
made or services rendered to or on behalf of the commission, shall	3010
be paid from the Ohio cultural facilities commission	3011
administration fund as determined by or pursuant to directions of	3012
the commission. All investment earnings of the administration fund	3013
shall be credited to the fund and shall be allocated among any	3014
accounts created in the fund in the manner determined by the	3015
commission.	3016

(J) Title to all real property and lesser interests in real	3017
property acquired by the commission, including leasehold and other	3018
interests, pursuant to this chapter shall be taken in the name of	3019
the state and shall be held for the use and benefit of the	3020
commission. The commission shall not mortgage such real property	3021
and interests in real property. Title to other property and	3022
interests in it acquired by the commission pursuant to this	3023
chapter shall be taken in its name.	3024

Sec. 3383.07.  (A) The department of administrative services	3025
shall provide for the construction of a cultural project in	3026
conformity with Chapter 153. of the Revised Code, except as	3027
follows:	3028

(1) For a cultural project that has an estimated construction	3029
cost, excluding the cost of acquisition, of twenty-five million	3030
dollars or more, and that is financed by the Ohio building	3031
authority, construction services may be provided by the authority	3032
if the authority determines it should provide those services.	3033

(2) For a cultural project other than a state historical	3034
facility, construction services may be provided on behalf of the	3035
state by the Ohio cultural facilities commission, or by a	3036
governmental agency or a cultural organization that occupies, will	3037
occupy, or is responsible for the Ohio cultural facility, as	3038
determined by the commission. Construction services to be provided	3039
by a governmental agency or a cultural organization shall be	3040
specified in an agreement between the commission and the	3041
governmental agency or cultural organization. The agreement, or	3042
any actions taken under it, are not subject to Chapter 123. or	3043
153. of the Revised Code, except for sections 123.081 and 153.011	3044
of the Revised Code, and shall be subject to Chapter 4115. of the	3045
Revised Code.	3046

(3)(2) For a cultural project that is a state historical	3047
facility, construction services may be provided by the Ohio	3048
cultural facilities commission or by a cultural organization that	3049
occupies, will occupy, or is responsible for the facility, as	3050
determined by the commission. The construction services to be	3051
provided by the cultural organization shall be specified in an	3052
agreement between the commission and the cultural organization.	3053
That agreement, and any actions taken under it, are not subject to	3054
Chapter 123., 153., or 4115. of the Revised Code.	3055

(B) For an Ohio sports facility that is financed in part by	3056
the Ohio building authorityobligations issued pursuant to Chapter	3057
154. of the Revised Code, construction services shall be provided	3058
on behalf of the state by or at the direction of the governmental	3059
agency or nonprofit corporation that will own or be responsible	3060
for the management of the facility, all as determined by the Ohio	3061
cultural facilities commission. Any construction services to be	3062
provided by a governmental agency or nonprofit corporation shall	3063
be specified in an agreement between the commission and the	3064
governmental agency or nonprofit corporation. That agreement, and	3065
any actions taken under it, are not subject to Chapter 123. or	3066
153. of the Revised Code, except for sections 123.081 and 153.011	3067
of the Revised Code, and shall be subject to Chapter 4115. of the	3068
Revised Code.	3069

(C) General building services for an Ohio cultural facility	3070
shall be provided by the Ohio cultural facilities commission or by	3071
a cultural organization that occupies, will occupy, or is	3072
responsible for the facility, as determined by the commission,	3073
except that the Ohio building authority may elect to provide those	3074
services for Ohio cultural facilities financed with proceeds of	3075
state bonds issued by the authority. The costs of management and	3076
general building services shall be paid by the cultural	3077
organization that occupies, will occupy, or is responsible for the	3078
facility as provided in an agreement between the commission and	3079
the cultural organization, except that the state may pay for	3080
general building services for state-owned cultural facilities	3081
constructed on state-owned land.	3082

General building services for an Ohio sports facility shall	3083
be provided by or at the direction of the governmental agency or	3084
nonprofit corporation that will be responsible for the management	3085
of the facility, all as determined by the commission. Any general	3086
building services to be provided by a governmental agency or	3087
nonprofit corporation for an Ohio sports facility shall be	3088
specified in an agreement between the commission and the	3089
governmental agency or nonprofit corporation. That agreement, and	3090
any actions taken under it, are not subject to Chapter 123. or	3091
153. of the Revised Code, except for sections 123.081 and 153.011	3092
of the Revised Code, and shall be subject to Chapter 4115. of the	3093
Revised Code.	3094

(D) This division does not apply to a state historical	3095
facility. No state funds, including any state bond proceeds, shall	3096
be spent on the construction of any cultural project under this	3097
chapter unless, with respect to the cultural project and to the	3098
Ohio cultural facility related to the project, all of the	3099
following apply:	3100

(1) The Ohio cultural facilities commission has determined	3101
that there is a need for the cultural project and the Ohio	3102
cultural facility related to the project in the region of the	3103
state in which the Ohio cultural facility is located or for which	3104
the facility is proposed.	3105

(2) The commission has determined that, as an indication of	3106
substantial regional support for the cultural project, the	3107
cultural organization has made provision satisfactory to the	3108
commission, in its sole discretion, for local contributions	3109
amounting to not less than fifty per cent of the total state	3110
funding for the cultural project.	3111

(3) The general assembly has specifically authorized the	3112
spending of money on, or made an appropriation for, the	3113
construction of the cultural project, or for rental payments	3114
relating to the financing of the construction of the cultural	3115
project. Authorization to spend money, or an appropriation, for	3116
planning the cultural project does not constitute authorization to	3117
spend money on, or an appropriation for, construction of the	3118
cultural project.	3119

(E) No state funds, including any state bond proceeds, shall	3120
be spent on the construction of any state historical facility	3121
under this chapter unless the general assembly has specifically	3122
authorized the spending of money on, or made an appropriation for,	3123
the construction of the state historical project related to the	3124
facility, or for rental payments relating to the financing of the	3125
construction of the state historical project. Authorization to	3126
spend money, or an appropriation, for planning the state	3127
historical project does not constitute authorization to spend	3128
money on, or an appropriation for, the construction of the state	3129
historical project.	3130

(F) State funds shall not be used to pay or reimburse more	3131
than fifteen per cent of the initial estimated construction cost	3132
of an Ohio sports facility, excluding any site acquisition cost,	3133
and no state funds, including any state bond proceeds, shall be	3134
spent on any Ohio sports facility under this chapter unless, with	3135
respect to that facility, all of the following apply:	3136

(1) The Ohio cultural facilities commission has determined	3137
that there is a need for the facility in the region of the state	3138
for which the facility is proposed to provide the function of an	3139
Ohio sports facility as provided for in this chapter.	3140

(2) As an indication of substantial local support for the	3141
facility, the commission has received a financial and development	3142
plan satisfactory to it, and provision has been made, by agreement	3143
or otherwise, satisfactory to the commission, for a contribution	3144
amounting to not less than eighty-five per cent of the total	3145
estimated construction cost of the facility, excluding any site	3146
acquisition cost, from sources other than the state.	3147

(3) The general assembly has specifically authorized the	3148
spending of money on, or made an appropriation for, the	3149
construction of the facility, or for rental payments relating to	3150
state financing of all or a portion of the costs of constructing	3151
the facility. Authorization to spend money, or an appropriation,	3152
for planning or determining the feasibility of or need for the	3153
facility does not constitute authorization to spend money on, or	3154
an appropriation for, costs of constructing the facility.	3155

(4) If state bond proceeds are being used for the Ohio sports	3156
facility, the state or a governmental agency owns or has	3157
sufficient property interests in the facility or in the site of	3158
the facility or in the portion or portions of the facility	3159
financed from proceeds of state bonds, which may include, but is	3160
not limited to, the right to use or to require the use of the	3161
facility for the presentation of sport and athletic events to the	3162
public at the facility.	3163

(G) In addition to the requirements of division (F) of this	3164
section, no state funds, including any state bond proceeds, shall	3165
be spent on any Ohio sports facility that is a motorsports	3166
complex, unless, with respect to that facility, both of the	3167
following apply:	3168

(1) Motorsports events shall be presented at the facility	3169
pursuant to a lease entered into with the owner of the facility.	3170
The term of the lease shall be for a period of not less than the	3171
greater of the useful life of the portion of the facility financed	3172
from proceeds of state bonds as determined using the guidelines	3173
for maximum maturities as provided under divisions (B) and (C) of	3174
section 133.20 of the Revised Code, or the period of time	3175
remaining to the date of payment or provision for payment of	3176
outstanding state bonds allocable to costs of the facility, all as	3177
determined by the director of budget and management and certified	3178
by the director to the Ohio cultural facilities commission and to	3179
the Ohio building authoritytreasurer of state.	3180

(2) Any motorsports organization that commits to using the	3181
facility for an established period of time shall give the	3182
political subdivision in which the facility is located not less	3183
than six months' advance notice if the organization intends to	3184
cease utilizing the facility prior to the expiration of that	3185
established period. Such a motorsports organization shall be	3186
liable to the state for any state funds used on the construction	3187
costs of the facility.	3188

Sec. 3770.073.  (A) If a person is entitled to a lottery	3189
prize award and is indebted to the state for the payment of any	3190
tax, workers' compensation premium, unemployment contribution,	3191
payment in lieu of unemployment contribution, certified claim	3192
under section 131.02 or 131.021 of the Revised Code, or charge,	3193
penalty, or interest arising from these debts and the amount of	3194
the prize money or the cost of goods or services awarded as a	3195
lottery prize award is five thousand dollars or more, the director	3196
of the state lottery commission, or the director's designee, shall	3197
do either of the following:	3198

(1) If the prize award will be paid in a lump sum, deduct	3199
from the prize award and pay to the attorney general an amount in	3200
satisfaction of the debt and pay any remainder to that person. If	3201
the amount of the prize award is less than the amount of the debt,	3202
the entire amount of the prize award shall be deducted and paid in	3203
partial satisfaction of the debt.	3204

(2) If the prize award will be paid in annual installments,	3205
on the date the initial installment payment is due, deduct from	3206
that installment and pay to the attorney general an amount in	3207
satisfaction of the debt and, if necessary to collect the full	3208
amount of the debt, do the same for any subsequent annual	3209
installments, at the time the installments become due and owing to	3210
the person, until the debt is fully satisfied.	3211

(B) If a person entitled to a lottery prize award owes more	3212
than one debt, any debt subject to section 5739.33 or division (G)	3213
of section 5747.07 of the Revised Code shall be satisfied first.	3214

(C) ThisExcept as provided in section 131.021 of the Revised	3215
Code, this section applies only to debts that have become final.	3216

Sec. 5537.01.  As used in this chapter:

3217

(A) "Commission" means the Ohio turnpike commission created	3218
by section 5537.02 of the Revised Code or, if that commission is	3219
abolished, the board, body, officer, or commission succeeding to	3220
the principal functions thereof or to which the powers given by	3221
this chapter to the commission are given by law.	3222

(B) "Project" or "turnpike project" means any express or	3223
limited access highway, super highway, or motorway constructed,	3224
operated, or improved, under the jurisdiction of the commission	3225
and pursuant to this chapter, at a location or locations reviewed	3226
by the turnpike oversight committee and approved by the governor,	3227
including all bridges, tunnels, overpasses, underpasses,	3228
interchanges, entrance plazas, approaches, those portions of	3229
connecting public roads that serve interchanges and are determined	3230
by the commission and the director of transportation to be	3231
necessary for the safe merging of traffic between the turnpike	3232
project and those public roads, toll booths, service facilities,	3233
and administration, storage, and other buildings, property, and	3234
facilities that the commission considers necessary for the	3235
operation or policing of the project, together with all property	3236
and rights which may be acquired by the commission for the	3237
construction, maintenance, or operation of the project, and	3238
includes any sections or extensions of a turnpike project	3239
designated by the commission as such for the particular purpose.	3240
Each turnpike project shall be separately designated, by name or	3241
number, and may be constructed, improved, or extended in such	3242
sections as the commission may from time to time determine.	3243
Construction includes the improvement and renovation of a	3244
previously constructed project, including additional interchanges,	3245
whether or not the project was initially constructed by the	3246
commission.	3247

(C) "Cost," as applied to construction of a turnpike project,	3248
includes the cost of construction, including bridges over or under	3249
existing highways and railroads, acquisition of all property	3250
acquired by the commission for the construction, demolishing or	3251
removing any buildings or structures on land so acquired,	3252
including the cost of acquiring any lands to which the buildings	3253
or structures may be moved, site clearance, improvement, and	3254
preparation, diverting public roads, interchanges with public	3255
roads, access roads to private property, including the cost of	3256
land or easements therefor, all machinery, furnishings, and	3257
equipment, communications facilities, financing expenses, interest	3258
prior to and during construction and for one year after completion	3259
of construction, traffic estimates, indemnity and surety bonds and	3260
premiums on insurance, title work and title commitments,	3261
insurance, and guarantees, engineering, feasibility studies, and	3262
legal expenses, plans, specifications, surveys, estimates of cost	3263
and revenues, other expenses necessary or incident to determining	3264
the feasibility or practicability of constructing or operating a	3265
project, administrative expenses, and any other expense that may	3266
be necessary or incident to the construction of the project, the	3267
financing of the construction, and the placing of the project in	3268
operation. Any obligation or expense incurred by the department of	3269
transportation with the approval of the commission for surveys,	3270
borings, preparation of plans and specifications, and other	3271
engineering services in connection with the construction of a	3272
project, or by the federal government with the approval of the	3273
commission for any public road projects which must be reimbursed	3274
as a condition to the exercise of any of the powers of the	3275
commission under this chapter, shall be regarded as a part of the	3276
cost of the project and shall be reimbursed to the state or the	3277
federal government, as the case may be, from revenues, state	3278
taxes, or the proceeds of bonds as authorized by this chapter.	3279

(D) "Owner" includes all persons having any title or interest	3280
in any property authorized to be acquired by the commission under	3281
this chapter.	3282

(E) "Revenues" means all tolls, service revenues, investment	3283
income on special funds, rentals, gifts, grants, and all other	3284
moneys coming into the possession of or under the control of the	3285
commission by virtue of this chapter, except the proceeds from the	3286
sale of bonds. "Revenues" does not include state taxes.	3287

(F) "Public roads" means all public highways, roads, and	3288
streets in the state, whether maintained by a state agency or any	3289
other governmental agency.	3290

(G) "Public utility facilities" means tracks, pipes, mains,	3291
conduits, cables, wires, towers, poles, and other equipment and	3292
appliances of any public utility.	3293

(H) "Financing expenses" means all costs and expenses	3294
relating to the authorization, issuance, sale, delivery,	3295
authentication, deposit, custody, clearing, registration,	3296
transfer, exchange, fractionalization, replacement, payment, and	3297
servicing of bonds including, without limitation, costs and	3298
expenses for or relating to publication and printing, postage,	3299
delivery, preliminary and final official statements, offering	3300
circulars, and informational statements, travel and	3301
transportation, underwriters, placement agents, investment	3302
bankers, paying agents, registrars, authenticating agents,	3303
remarketing agents, custodians, clearing agencies or corporations,	3304
securities depositories, financial advisory services,	3305
certifications, audits, federal or state regulatory agencies,	3306
accounting and computation services, legal services and obtaining	3307
approving legal opinions and other legal opinions, credit ratings,	3308
redemption premiums, and credit enhancement facilities.	3309

(I) "Bond proceedings" means the resolutions, trust	3310
agreements, certifications, notices, sale proceedings, leases,	3311
lease-purchase agreements, assignments, credit enhancement	3312
facility agreements, and other agreements, instruments, and	3313
documents, as amended and supplemented, or any one or more or any	3314
combination thereof, authorizing, or authorizing or providing for	3315
the terms and conditions applicable to, or providing for the	3316
security or sale or award or liquidity of, bonds, and includes the	3317
provisions set forth or incorporated in those bonds and bond	3318
proceedings.	3319

(J) "Bond service charges" means principal, including any	3320
mandatory sinking fund or mandatory redemption requirements for	3321
the retirement of bonds, and interest and any redemption premium	3322
payable on bonds, as those payments come due and are payable to	3323
the bondholder or to a person making payment under a credit	3324
enhancement facility of those bond service charges to a	3325
bondholder.	3326

(K) "Bond service fund" means the applicable fund created by	3327
the bond proceedings for and pledged to the payment of bond	3328
service charges on bonds provided for by those proceedings,	3329
including all moneys and investments, and earnings from	3330
investments, credited and to be credited to that fund as provided	3331
in the bond proceedings.	3332

(L) "Bonds" means bonds, notes, including notes anticipating	3333
bonds or other notes, commercial paper, certificates of	3334
participation, or other evidences of obligation, including any	3335
interest coupons pertaining thereto, issued by the commission	3336
pursuant to this chapter.	3337

(M) "Net revenues" means revenues lawfully available to pay	3338
both current operating expenses of the commission and bond service	3339
charges in any fiscal year or other specified period, less current	3340
operating expenses of the commission and any amount necessary to	3341
maintain a working capital reserve for that period.	3342

(N) "Pledged revenues" means net revenues, moneys and	3343
investments, and earnings on those investments, in the applicable	3344
bond service fund and any other special funds, and the proceeds of	3345
any bonds issued for the purpose of refunding prior bonds, all as	3346
lawfully available and by resolution of the commission committed	3347
for application as pledged revenues to the payment of bond service	3348
charges on particular issues of bonds.	3349

(O) "Service facilities" means service stations, restaurants,	3350
and other facilities for food service, roadside parks and rest	3351
areas, parking, camping, tenting, rest, and sleeping facilities,	3352
hotels or motels, and all similar and other facilities providing	3353
services to the traveling public in connection with the use of a	3354
turnpike project and owned, leased, licensed, or operated by the	3355
commission.	3356

(P) "Service revenues" means those revenues of the commission	3357
derived from its ownership, leasing, licensing, or operation of	3358
service facilities.	3359

(Q) "Special funds" means the applicable bond service fund	3360
and any accounts and subaccounts in that fund, any other funds or	3361
accounts permitted by and established under, and identified as a	3362
"special fund" or "special account" in, the bond proceedings,	3363
including any special fund or account established for purposes of	3364
rebate or other requirements under federal income tax laws.	3365

(R) "State agencies" means the state, officers of the state,	3366
and boards, departments, branches, divisions, or other units or	3367
agencies of the state.	3368

(S) "State taxes" means receipts of the commission from the	3369
proceeds of state taxes or excises levied and collected, or	3370
appropriated by the general assembly to the commission, for the	3371
purposes and functions of the commission. State taxes do not	3372
include tolls, or investment earnings on state taxes except on	3373
those state taxes referred to in Section 5a of Article XII, Ohio	3374
Constitution.	3375

(T) "Tolls" means tolls, special fees or permit fees, or	3376
other charges by the commission to the owners, lessors, lessees,	3377
or operators of motor vehicles for the operation of or the right	3378
to operate those vehicles on a turnpike project.	3379

(U) "Credit enhancement facilities" means letters of credit,	3380
lines of credit, standby, contingent, or firm securities purchase	3381
agreements, insurance, or surety arrangements, guarantees, and	3382
other arrangements that provide for direct or contingent payment	3383
of bond service charges, for security or additional security in	3384
the event of nonpayment or default in respect of bonds, or for	3385
making payment of bond service charges and at the option and on	3386
demand of bondholders or at the option of the commission or upon	3387
certain conditions occurring under put or similar arrangements, or	3388
for otherwise supporting the credit or liquidity of the bonds, and	3389
includes credit, reimbursement, marketing, remarketing, indexing,	3390
carrying, interest rate hedge as defined in section 133.01 of the	3391
Revised Code, and subrogation agreements, and other agreements and	3392
arrangements for payment and reimbursement of the person providing	3393
the credit enhancement facility and the security for that payment	3394
and reimbursement.	3395

(V) "Person" has the same meaning as in section 1.59 of the	3396
Revised Code and, unless the context otherwise provides, also	3397
includes any governmental agency and any combination of those	3398
persons.	3399

(W) "Refund" means to fund and retire outstanding bonds,	3400
including advance refunding with or without payment or redemption	3401
prior to stated maturity.	3402

(X) "Governmental agency" means any state agency, federal	3403
agency, political subdivision, or other local, interstate, or	3404
regional governmental agency, and any combination of those	3405
agencies.	3406

(Y) "Property" has the same meaning as in section 1.59 of the	3407
Revised Code, and includes interests in property.	3408

(Z) "Administrative agent," "agent," "commercial paper,"	3409
"floating rate interest structure," "indexing agent," "interest	3410
rate hedge," "interest rate period," "put arrangement," and	3411
"remarketing agent" have the same meanings as in section 9.98 of	3412
the Revised Code.	3413

(AA) "Outstanding," as applied to bonds, means outstanding in	3414
accordance with the terms of the bonds and the applicable bond	3415
proceedings.	3416

(BB) "Ohio turnpike system" or "system" means all existing	3417
and future turnpike projects constructed, operated, and maintained	3418
under the jurisdiction of the commission.	3419

Sec. 5540.01.  As used in this chapter:

3420

(A) "Transportation improvement district" or "district" means	3421
a transportation improvement district designated pursuant to	3422
section 5540.02 of the Revised Code.	3423

(B) "Governmental agency" means a department, division, or	3424
other unit of state government; a county, township, or municipal	3425
corporation or other political subdivision; a regional transit	3426
authority or regional transit commission created pursuant to	3427
Chapter 306. of the Revised Code; a port authority created	3428
pursuant to Chapter 4582. of the Revised Code; and the United	3429
States or any agency thereof.	3430

(C) "Project" means a street, highway, or other	3431
transportation project constructed or improved under this chapter	3432
and includes all bridges, tunnels, overpasses, underpasses,	3433
interchanges, approaches, those portions of connecting streets or	3434
highways that serve interchanges and are determined by the	3435
district to be necessary for the safe merging of traffic between	3436
the project and those streets or highways, service facilities, and	3437
administration, storage, and other buildings, property, and	3438
facilities, that the district considers necessary for the	3439
operation of the project, together with all property and rights	3440
that must be acquired by the district for the construction,	3441
maintenance, or operation of the project.	3442

(D) "Cost," as applied to the construction of a project,	3443
includes the cost of construction, including bridges over or under	3444
existing highways and railroads, acquisition of all property	3445
acquired by the district for such construction, demolishing or	3446
removing any buildings or structures on land so acquired,	3447
including the cost of acquiring any lands to which such buildings	3448
or structures may be moved, site clearance, improvement, and	3449
preparation, diverting streets or highways, interchanges with	3450
streets or highways, access roads to private property, including	3451
the cost of land or easements therefor, all machinery,	3452
furnishings, and equipment, communications facilities, financing	3453
expenses, interest prior to and during construction and for one	3454
year after completion of construction, traffic estimates,	3455
indemnity and surety bonds and premiums on insurance, and	3456
guarantees, engineering, feasibility studies, and legal expenses,	3457
plans, specifications, surveys, estimates of cost and revenues,	3458
other expenses necessary or incidental to determining the	3459
feasibility or practicability of constructing a project, and such	3460
other expense as may be necessary or incident to the construction	3461
of the project and the financing of such construction. Any	3462
obligation or expense incurred by any governmental agency or	3463
person for surveys, borings, preparation of plans and	3464
specifications, and other engineering services, or any other cost	3465
described above, in connection with the construction of a project	3466
may be regarded as part of the cost of the project and reimbursed	3467
from revenues, taxes, or the proceeds of bonds as authorized by	3468
this chapter.	3469

(E) "Owner" includes any person having any title or interest	3470
in any property authorized to be acquired by a district under this	3471
chapter.	3472

(F) "Revenues" means all moneys received by a district with	3473
respect to the lease, sublease, or sale, including installment	3474
sale, conditional sale, or sale under a lease-purchase agreement,	3475
of a project, any gift or grant received with respect to a	3476
project, tolls, proceeds of bonds to the extent the use thereof	3477
for payment of principal or of premium, if any, or interest on the	3478
bonds is authorized by the district, proceeds from any insurance,	3479
condemnation, or guaranty pertaining to a project or property	3480
mortgaged to secure bonds or pertaining to the financing of a	3481
project, and income and profit from the investment of the proceeds	3482
of bonds or of any revenues.	3483

(G) "Street or highway" has the same meaning as in section	3484
4511.01 of the Revised Code.	3485

(H) "Financing expenses" means all costs and expenses	3486
relating to the authorization, issuance, sale, delivery,	3487
authentication, deposit, custody, clearing, registration,	3488
transfer, exchange, fractionalization, replacement, payment, and	3489
servicing of bonds including, without limitation, costs and	3490
expenses for or relating to publication and printing, postage,	3491
delivery, preliminary and final official statements, offering	3492
circulars, and informational statements, travel and	3493
transportation, underwriters, placement agents, investment	3494
bankers, paying agents, registrars, authenticating agents,	3495
remarketing agents, custodians, clearing agencies or corporations,	3496
securities depositories, financial advisory services,	3497
certifications, audits, federal or state regulatory agencies,	3498
accounting and computation services, legal services and obtaining	3499
approving legal opinions and other legal opinions, credit ratings,	3500
redemption premiums, and credit enhancement facilities.	3501

(I) "Bond proceedings" means the resolutions, trust	3502
agreements, certifications, notices, sale proceedings, leases,	3503
lease-purchase agreements, assignments, credit enhancement	3504
facility agreements, and other agreements, instruments, and	3505
documents, as amended and supplemented, or any one or more of	3506
combination thereof, authorizing, or authorizing or providing for	3507
the terms and conditions applicable to, or providing for the	3508
security or sale or award or liquidity of, bonds, and includes the	3509
provisions set forth or incorporated in those bonds and bond	3510
proceedings.	3511

(J) "Bond service charges" means principal, including any	3512
mandatory sinking fund or mandatory redemption requirements for	3513
retirement of bonds, and interest and any redemption premium	3514
payable on bonds, as those payments come due and are payable to	3515
the bondholder or to a person making payment under a credit	3516
enhancement facility of those bond service charges to a	3517
bondholder.	3518

(K) "Bond service fund" means the applicable fund created by	3519
the bond proceedings for and pledged to the payment of bond	3520
service charges on bonds provided for by those proceedings,	3521
including all moneys and investments, and earnings from	3522
investments, credited and to be credited to that fund as provided	3523
in the bond proceedings.	3524

(L) "Bonds" means bonds, notes, including notes anticipating	3525
bonds or other notes, commercial paper, certificates of	3526
participation, or other evidences of obligation, including any	3527
interest coupons pertaining thereto, issued pursuant to this	3528
chapter.	3529

(M) "Net revenues" means revenues lawfully available to pay	3530
both current operating expenses of a district and bond service	3531
charges in any fiscal year or other specified period, less current	3532
operating expenses of the district and any amount necessary to	3533
maintain a working capital reserve for that period.	3534

(N) "Pledged revenues" means net revenues, moneys and	3535
investments, and earnings on those investments, in the applicable	3536
bond service fund and any other special funds, and the proceeds of	3537
any bonds issued for the purpose of refunding prior bonds, all as	3538
lawfully available and by resolution of the district committed for	3539
application as pledged revenues to the payment of bond service	3540
charges on particular issues of bonds.	3541

(O) "Special funds" means the applicable bond service fund	3542
and any accounts and subaccounts in that fund, any other funds or	3543
accounts permitted by and established under, and identified as a	3544
special fund or special account in, the bond proceedings,	3545
including any special fund or account established for purposes of	3546
rebate or other requirements under federal income tax laws.	3547

(P) "Credit enhancement facilities" means letters of credit,	3548
lines of credit, standby, contingent, or firm securities purchase	3549
agreements, insurance, or surety arrangements, guarantees, and	3550
other arrangements that provide for direct or contingent payment	3551
of bond service charges, for security or additional security in	3552
the event of nonpayment or default in respect of bonds, or for	3553
making payment of bond service charges and at the option and on	3554
demand of bondholders or at the option of the district or upon	3555
certain conditions occurring under put or similar arrangements, or	3556
for otherwise supporting the credit or liquidity of the bonds, and	3557
includes credit, reimbursement, marketing, remarketing, indexing,	3558
carrying, interest rate hedge as defined in section 133.01 of the	3559
Revised Code, and subrogation agreements, and other agreements and	3560
arrangements for payment and reimbursement of the person providing	3561
the credit enhancement facility and the security for that payment	3562
and reimbursement.	3563

(Q) "Refund" means to fund and retire outstanding bonds,	3564
including advance refunding with or without payment or redemption	3565
prior to stated maturity.	3566

(R) "Property" includes interests in property.

3567

(S) "Administrative agent," "agent," "commercial paper,"	3568
"floating rate interest structure," "indexing agent," "interest	3569
rate hedge," "interest rate period," "put arrangement," and	3570
"remarketing agent" have the same meanings as in section 9.98 of	3571
the Revised Code.	3572

(T) "Outstanding" as applied to bonds means outstanding in	3573
accordance with the terms of the bonds and the applicable bond	3574
proceedings.	3575

(U) "Interstate system" has the same meaning as in section	3576
5516.01 of the Revised Code.	3577

Sec. 5709.61.  As used in sections 5709.61 to 5709.69 of the	3578
Revised Code:	3579

(A) "Enterprise zone" or "zone" means any of the following:

3580

(1) An area with a single continuous boundary designated in	3581
the manner set forth in section 5709.62 or 5709.63 of the Revised	3582
Code and certified by the director of development as having a	3583
population of at least four thousand according to the best and	3584
most recent data available to the director and having at least two	3585
of the following characteristics:	3586

(a) It is located in a municipal corporation defined by the	3587
United States office of management and budget as a principal city	3588
of a metropolitan statistical area or in a city designated as an	3589
urban cluster in a rural statistical area;	3590

(b) It is located in a county designated as being in the	3591
"Appalachian region" under the "Appalachian Regional Development	3592
Act of 1965," 79 Stat. 5, 40 App. U.S.C.A. 403, as amended;	3593

(c) Its average rate of unemployment, during the most recent	3594
twelve-month period for which data are available, is equal to at	3595
least one hundred twenty-five per cent of the average rate of	3596
unemployment for the state of Ohio for the same period;	3597

(d) There is a prevalence of commercial or industrial	3598
structures in the area that are vacant or demolished, or are	3599
vacant and the taxes charged thereon are delinquent, and	3600
certification of the area as an enterprise zone would likely	3601
result in the reduction of the rate of vacant or demolished	3602
structures or the rate of tax delinquency in the area;	3603

(e) The population of all census tracts in the area,	3604
according to the federal census of 2000, decreased by at least ten	3605
per cent between the years 1980 and 2000;	3606

(f) At least fifty-one per cent of the residents of the area	3607
have incomes of less than eighty per cent of the median income of	3608
residents of the municipal corporation or municipal corporations	3609
in which the area is located, as determined in the same manner	3610
specified under section 119(b) of the "Housing and Community	3611
Development Act of 1974," 88 Stat. 633, 42 U.S.C. 5318, as	3612
amended;	3613

(g) The area contains structures previously used for	3614
industrial purposes, but currently not so used due to age,	3615
obsolescence, deterioration, relocation of the former occupant's	3616
operations, or cessation of operations resulting from unfavorable	3617
economic conditions either generally or in a specific economic	3618
sector;	3619

(h) It is located within one or more adjacent city, local, or	3620
exempted village school districts, the income-weighted tax	3621
capacity of each of which is less than seventy per cent of the	3622
average of the income-weighted tax capacity of all city, local, or	3623
exempted village school districts in the state according to the	3624
most recent data available to the director from the department of	3625
taxation.	3626

The director of development shall adopt rules in accordance	3627
with Chapter 119. of the Revised Code establishing conditions	3628
constituting the characteristics described in divisions (A)(1)(d),	3629
(g), and (h) of this section.	3630

If an area could not be certified as an enterprise zone	3631
unless it satisfied division (A)(1)(g) of this section, the	3632
legislative authority may enter into agreements in that zone under	3633
section 5709.62, 5709.63, or 5709.632 of the Revised Code only if	3634
such agreements result in the development of the facilities	3635
described in that division, the parcel of land on which such	3636
facilities are situated, or adjacent parcels. The director of	3637
development annually shall review all agreements in such zones to	3638
determine whether the agreements have resulted in such	3639
development; if the director determines that the agreements have	3640
not resulted in such development, the director immediately shall	3641
revoke certification of the zone and notify the legislative	3642
authority of such revocation. Any agreements entered into prior to	3643
revocation under this paragraph shall continue in effect for the	3644
period provided in the agreement.	3645

(2) An area with a single continuous boundary designated in	3646
the manner set forth in section 5709.63 of the Revised Code and	3647
certified by the director of development as:	3648

(a) Being located within a county that contains a population	3649
of three hundred thousand or less;	3650

(b) Having a population of at least one thousand according to	3651
the best and most recent data available to the director;	3652

(c) Having at least two of the characteristics described in	3653
divisions (A)(1)(b) to (h) of this section.	3654

(3) An area with a single continuous boundary designated in	3655
the manner set forth under division (A)(1) of section 5709.632 of	3656
the Revised Code and certified by the director of development as	3657
having a population of at least four thousand, or under division	3658
(A)(2) of that section and certified as having a population of at	3659
least one thousand, according to the best and most recent data	3660
available to the director.	3661

(B) "Enterprise" means any form of business organization	3662
including, but not limited to, any partnership, sole	3663
proprietorship, or corporation, including an S corporation as	3664
defined in section 1361 of the Internal Revenue Code and any	3665
corporation that is majority work-owned either directly through	3666
the ownership of stock or indirectly through participation in an	3667
employee stock ownership plan.	3668

(C) "Facility" means an enterprise's place of business in a	3669
zone, including land, buildings, machinery, equipment, and other	3670
materials, except inventory, used in business. "Facility" includes	3671
land, buildings, machinery, production and station equipment,	3672
other equipment, and other materials, except inventory, used in	3673
business to generate electricity, provided that, for purposes of	3674
sections 5709.61 to 5709.69 of the Revised Code, the value of the	3675
property at such a facility shall be reduced by the value, if any,	3676
that is not apportioned under section 5727.15 of the Revised Code	3677
to the taxing district in which the facility is physically	3678
located. In the case of such a facility that is physically located	3679
in two adjacent taxing districts, the property located in each	3680
taxing district constitutes a separate facility.	3681

"Facility" does not include any portion of an enterprise's	3682
place of business used primarily for making retail sales, unless	3683
the place of business is located in an impacted city as defined in	3684
section 1728.01 of the Revised Code.	3685

(D) "Vacant facility" means a facility that has been vacant	3686
for at least ninety days immediately preceding the date on which	3687
an agreement is entered into under section 5709.62 or 5709.63 of	3688
the Revised Code.	3689

(E) "Expand" means to make expenditures to add land,	3690
buildings, machinery, equipment, or other materials, except	3691
inventory, to a facility that equal at least ten per cent of the	3692
market value of the facility prior to such expenditures, as	3693
determined for the purposes of local property taxation.	3694

(F) "Renovate" means to make expenditures to alter or repair	3695
a facility that equal at least fifty per cent of the market value	3696
of the facility prior to such expenditures, as determined for the	3697
purposes of local property taxation.	3698

(G) "Occupy" means to make expenditures to alter or repair a	3699
vacant facility equal to at least twenty per cent of the market	3700
value of the facility prior to such expenditures, as determined	3701
for the purposes of local property taxation.	3702

(H) "Project site" means all or any part of a facility that	3703
is newly constructed, expanded, renovated, or occupied by an	3704
enterprise.	3705

(I) "Project" means any undertaking by an enterprise to	3706
establish a facility or to improve a project site by expansion,	3707
renovation, or occupancy.	3708

(J) "Position" means the position of one full-time employee	3709
performing a particular set of tasks and duties.	3710

(K) "Full-time employee" means an individual who is employed	3711
for consideration by an enterprise for at least thirty-five hours	3712
a week, or who renders any other standard of service generally	3713
accepted by custom or specified by contract as full-time	3714
employment.	3715

(L) "New employee" means a full-time employee first employed	3716
by an enterprise at a facility that is a project site after the	3717
enterprise enters an agreement under section 5709.62 or 5709.63 of	3718
the Revised Code. "New employee" does not include an employee if,	3719
immediately prior to being employed by the enterprise, the	3720
employee was employed by an enterprise that is a related member or	3721
predecessor enterprise of that enterprise.	3722

(M) "Unemployed person" means any person who is totally	3723
unemployed in this state, as that term is defined in division (M)	3724
of section 4141.01 of the Revised Code, for at least ten	3725
consecutive weeks immediately preceding that person's employment	3726
at a facility that is a project site, or who is so unemployed for	3727
at least twenty-six of the fifty-two weeks immediately preceding	3728
that person's employment at such a facility.	3729

(N) "JTPA eligible employee" means any individual who is	3730
eligible for employment or training under the "Job Training	3731
Partnership Act," 96 Stat. 1324 (1982), 29 U.S.C. 1501, as	3732
amended.	3733

(O) "First used in business" means that the property referred	3734
to has not been used in business in this state by the enterprise	3735
that owns it, or by an enterprise that is a related member or	3736
predecessor enterprise of such an enterprise, other than as	3737
inventory, prior to being used in business at a facility as the	3738
result of a project.	3739

(P) "Training program" means any noncredit training program	3740
or course of study that is offered by any state college or	3741
university; university branch district; community college;	3742
technical college; nonprofit college or university certified under	3743
section 1713.02 of the Revised Code; school district; joint	3744
vocational school district; school registered and authorized to	3745
offer programs under section 3332.05 of the Revised Code; an	3746
entity administering any federal, state, or local adult education	3747
and training program; or any enterprise; and that meets all of the	3748
following requirements:	3749

(1) It is approved by the director of development;

3750

(2) It is established or operated to satisfy the need of a	3751
particular industry or enterprise for skilled or semi-skilled	3752
employees;	3753

(3) An individual is required to complete the course or	3754
program before filling a position at a project site.	3755

(Q) "Development" means to engage in the process of clearing	3756
and grading land, making, installing, or constructing water	3757
distribution systems, sewers, sewage collection systems, steam,	3758
gas, and electric lines, roads, curbs, gutters, sidewalks, storm	3759
drainage facilities, and construction of other facilities or	3760
buildings equal to at least fifty per cent of the market value of	3761
the facility prior to the expenditures, as determined for the	3762
purposes of local property taxation.	3763

(R) "Large manufacturing facility" means a single Ohio	3764
facility that employed an average of at least one thousand	3765
individuals during the five calendar years preceding an agreement	3766
authorized under division (C)(3) of section 5709.62 or division	3767
(B)(2) of section 5709.63 of the Revised Code. For purposes of	3768
this division, both of the following apply:	3769

(1) A single Ohio manufacturing facility employed an average	3770
of at least one thousand individuals during the five calendar	3771
years preceding entering into such an agreement if one-fifth of	3772
the sum of the number of employees employed on the highest	3773
employment day during each of the five calendar years equals or	3774
exceeds one thousand.	3775

(2) The highest employment day is the day or days during a	3776
calendar year on which the number of employees employed at a	3777
single Ohio manufacturing facility was greater than on any other	3778
day during the calendar year.	3779

(S) "Business cycle" means the cycle of business activity	3780
usually regarded as passing through alternating stages of	3781
prosperity and depression.	3782

(T) "Making retail sales" means the effecting of	3783
point-of-final-purchase transactions at a facility open to the	3784
consuming public, wherein one party is obligated to pay the price	3785
and the other party is obligated to provide a service or to	3786
transfer title to or possession of the item sold.	3787

(U) "Environmentally contaminated" means that hazardous	3788
substances exist at a facility under conditions that have caused	3789
or would cause the facility to be identified as contaminated by	3790
the state or federal environmental protection agency. These may	3791
include facilities located at sites identified in the master sites	3792
list or similar database maintained by the state environmental	3793
protection agency if the sites have been investigated by the	3794
agency and found to be contaminated.	3795

(V) "Remediate" means to make expenditures to clean up an	3796
environmentally contaminated facility so that it is no longer	3797
environmentally contaminated that equal at least ten per cent of	3798
the real property market value of the facility prior to such	3799
expenditures as determined for the purposes of property taxation.	3800

(W) "Related member" has the same meaning as defined in	3801
section 5733.042 of the Revised Code without regard to division	3802
(B) of that section, except that it is used with respect to an	3803
enterprise rather than a taxpayer.	3804

(X) "Predecessor enterprise" means an enterprise from which	3805
the assets or equity of another enterprise has been transferred,	3806
which transfer resulted in the full or partial nonrecognition of	3807
gain or loss, or resulted in a carryover basis, both as determined	3808
by rule adopted by the tax commissioner.	3809

(Y) "Successor enterprise" means an enterprise to which the	3810
assets or equity of another enterprise has been transferred, which	3811
transfer resulted in the full or partial nonrecognition of gain or	3812
loss, or resulted in a carryover basis, both as determined by rule	3813
adopted by the tax commissioner.	3814

Sec. 5709.62.  (A) In any municipal corporation that is	3815
defined by the United States office of management and budget as a	3816
principal city of a metropolitan statistical area, or in a city	3817
designated as an urban cluster in a rural statistical area, the	3818
legislative authority of the municipal corporation may designate	3819
one or more areas within its municipal corporation as proposed	3820
enterprise zones. Upon designating an area, the legislative	3821
authority shall petition the director of development for	3822
certification of the area as having the characteristics set forth	3823
in division (A)(1) of section 5709.61 of the Revised Code as	3824
amended by Substitute Senate Bill No. 19 of the 120th general	3825
assembly. Except as otherwise provided in division (E) of this	3826
section, on and after July 1, 1994, legislative authorities shall	3827
not enter into agreements under this section unless the	3828
legislative authority has petitioned the director and the director	3829
has certified the zone under this section as amended by that act;	3830
however, all agreements entered into under this section as it	3831
existed prior to July 1, 1994, and the incentives granted under	3832
those agreements shall remain in effect for the period agreed to	3833
under those agreements. Within sixty days after receiving such a	3834
petition, the director shall determine whether the area has the	3835
characteristics set forth in division (A)(1) of section 5709.61 of	3836
the Revised Code, and shall forward the findings to the	3837
legislative authority of the municipal corporation. If the	3838
director certifies the area as having those characteristics, and	3839
thereby certifies it as a zone, the legislative authority may	3840
enter into an agreement with an enterprise under division (C) of	3841
this section.	3842

(B) Any enterprise that wishes to enter into an agreement	3843
with a municipal corporation under division (C) of this section	3844
shall submit a proposal to the legislative authority of the	3845
municipal corporation on a form prescribed by the director of	3846
development, together with the application fee established under	3847
section 5709.68 of the Revised Code. The form shall require the	3848
following information:	3849

(1) An estimate of the number of new employees whom the	3850
enterprise intends to hire, or of the number of employees whom the	3851
enterprise intends to retain, within the zone at a facility that	3852
is a project site, and an estimate of the amount of payroll of the	3853
enterprise attributable to these employees;	3854

(2) An estimate of the amount to be invested by the	3855
enterprise to establish, expand, renovate, or occupy a facility,	3856
including investment in new buildings, additions or improvements	3857
to existing buildings, machinery, equipment, furniture, fixtures,	3858
and inventory;	3859

(3) A listing of the enterprise's current investment, if any,	3860
in a facility as of the date of the proposal's submission.	3861

The enterprise shall review and update the listings required	3862
under this division to reflect material changes, and any agreement	3863
entered into under division (C) of this section shall set forth	3864
final estimates and listings as of the time the agreement is	3865
entered into. The legislative authority may, on a separate form	3866
and at any time, require any additional information necessary to	3867
determine whether an enterprise is in compliance with an agreement	3868
and to collect the information required to be reported under	3869
section 5709.68 of the Revised Code.	3870

(C) Upon receipt and investigation of a proposal under	3871
division (B) of this section, if the legislative authority finds	3872
that the enterprise submitting the proposal is qualified by	3873
financial responsibility and business experience to create and	3874
preserve employment opportunities in the zone and improve the	3875
economic climate of the municipal corporation, the legislative	3876
authority, on or before October 15, 2009, may do one of the	3877
following:	3878

(1) Enter into an agreement with the enterprise under which	3879
the enterprise agrees to establish, expand, renovate, or occupy a	3880
facility and hire new employees, or preserve employment	3881
opportunities for existing employees, in return for one or more of	3882
the following incentives:	3883

(a) Exemption for a specified number of years, not to exceed	3884
fifteen, of a specified portion, up to seventy-five per cent, of	3885
the assessed value of tangible personal property first used in	3886
business at the project site as a result of the agreement. If an	3887
exemption for inventory is specifically granted in the agreement	3888
pursuant to this division, the exemption applies to inventory	3889
required to be listed pursuant to sections 5711.15 and 5711.16 of	3890
the Revised Code, except that, in the instance of an expansion or	3891
other situations in which an enterprise was in business at the	3892
facility prior to the establishment of the zone, the inventory	3893
that is exempt is that amount or value of inventory in excess of	3894
the amount or value of inventory required to be listed in the	3895
personal property tax return of the enterprise in the return for	3896
the tax year in which the agreement is entered into.	3897

(b) Exemption for a specified number of years, not to exceed	3898
fifteen, of a specified portion, up to seventy-five per cent, of	3899
the increase in the assessed valuation of real property	3900
constituting the project site subsequent to formal approval of the	3901
agreement by the legislative authority;	3902

(c) Provision for a specified number of years, not to exceed	3903
fifteen, of any optional services or assistance that the municipal	3904
corporation is authorized to provide with regard to the project	3905
site.	3906

(2) Enter into an agreement under which the enterprise agrees	3907
to remediate an environmentally contaminated facility, to spend an	3908
amount equal to at least two hundred fifty per cent of the true	3909
value in money of the real property of the facility prior to	3910
remediation as determined for the purposes of property taxation to	3911
establish, expand, renovate, or occupy the remediated facility,	3912
and to hire new employees or preserve employment opportunities for	3913
existing employees at the remediated facility, in return for one	3914
or more of the following incentives:	3915

(a) Exemption for a specified number of years, not to exceed	3916
fifteen, of a specified portion, not to exceed fifty per cent, of	3917
the assessed valuation of the real property of the facility prior	3918
to remediation;	3919

(b) Exemption for a specified number of years, not to exceed	3920
fifteen, of a specified portion, not to exceed one hundred per	3921
cent, of the increase in the assessed valuation of the real	3922
property of the facility during or after remediation;	3923

(c) The incentive under division (C)(1)(a) of this section,	3924
except that the percentage of the assessed value of such property	3925
exempted from taxation shall not exceed one hundred per cent;	3926

(d) The incentive under division (C)(1)(c) of this section.

3927

(3) Enter into an agreement with an enterprise that plans to	3928
purchase and operate a large manufacturing facility that has	3929
ceased operation or announced its intention to cease operation, in	3930
return for exemption for a specified number of years, not to	3931
exceed fifteen, of a specified portion, up to one hundred per	3932
cent, of the assessed value of tangible personal property used in	3933
business at the project site as a result of the agreement, or of	3934
the assessed valuation of real property constituting the project	3935
site, or both.	3936

(D)(1) Notwithstanding divisions (C)(1)(a) and (b) of this	3937
section, the portion of the assessed value of tangible personal	3938
property or of the increase in the assessed valuation of real	3939
property exempted from taxation under those divisions may exceed	3940
seventy-five per cent in any year for which that portion is	3941
exempted if the average percentage exempted for all years in which	3942
the agreement is in effect does not exceed sixty per cent, or if	3943
the board of education of the city, local, or exempted village	3944
school district within the territory of which the property is or	3945
will be located approves a percentage in excess of seventy-five	3946
per cent.	3947

(2) Notwithstanding any provision of the Revised Code to the	3948
contrary, the exemptions described in divisions (C)(1)(a), (b),	3949
and (c), (C)(2)(a), (b), and (c), and (C)(3) of this section may	3950
be for up to fifteen years if the board of education of the city,	3951
local, or exempted village school district within the territory of	3952
which the property is or will be located approves a number of	3953
years in excess of ten.	3954

(3) For the purpose of obtaining the approval of a city,	3955
local, or exempted village school district under division (D)(1)	3956
or (2) of this section, the legislative authority shall deliver to	3957
the board of education a notice not later than forty-five days	3958
prior to approving the agreement, excluding Saturdays, Sundays,	3959
and legal holidays as defined in section 1.14 of the Revised Code.	3960
The notice shall state the percentage to be exempted, an estimate	3961
of the true value of the property to be exempted, and the number	3962
of years the property is to be exempted. The board of education,	3963
by resolution adopted by a majority of the board, shall approve or	3964
disapprove the agreement and certify a copy of the resolution to	3965
the legislative authority not later than fourteen days prior to	3966
the date stipulated by the legislative authority as the date upon	3967
which approval of the agreement is to be formally considered by	3968
the legislative authority. The board of education may include in	3969
the resolution conditions under which the board would approve the	3970
agreement, including the execution of an agreement to compensate	3971
the school district under division (B) of section 5709.82 of the	3972
Revised Code. The legislative authority may approve the agreement	3973
at any time after the board of education certifies its resolution	3974
approving the agreement to the legislative authority, or, if the	3975
board approves the agreement conditionally, at any time after the	3976
conditions are agreed to by the board and the legislative	3977
authority.	3978

If a board of education has adopted a resolution waiving its	3979
right to approve agreements and the resolution remains in effect,	3980
approval of an agreement by the board is not required under this	3981
division. If a board of education has adopted a resolution	3982
allowing a legislative authority to deliver the notice required	3983
under this division fewer than forty-five business days prior to	3984
the legislative authority's approval of the agreement, the	3985
legislative authority shall deliver the notice to the board not	3986
later than the number of days prior to such approval as prescribed	3987
by the board in its resolution. If a board of education adopts a	3988
resolution waiving its right to approve agreements or shortening	3989
the notification period, the board shall certify a copy of the	3990
resolution to the legislative authority. If the board of education	3991
rescinds such a resolution, it shall certify notice of the	3992
rescission to the legislative authority.	3993

(4) The legislative authority shall comply with section	3994
5709.83 of the Revised Code unless the board of education has	3995
adopted a resolution under that section waiving its right to	3996
receive such notice.	3997

(E) This division applies to zones certified by the director	3998
of development under this section prior to July 22, 1994.	3999

On or before October 15, 2009, the legislative authority that	4000
designated a zone to which this division applies may enter into an	4001
agreement with an enterprise if the legislative authority finds	4002
that the enterprise satisfies one of the criteria described in	4003
divisions (E)(1) to (5) of this section:	4004

(1) The enterprise currently has no operations in this state	4005
and, subject to approval of the agreement, intends to establish	4006
operations in the zone;	4007

(2) The enterprise currently has operations in this state	4008
and, subject to approval of the agreement, intends to establish	4009
operations at a new location in the zone that would not result in	4010
a reduction in the number of employee positions at any of the	4011
enterprise's other locations in this state;	4012

(3) The enterprise, subject to approval of the agreement,	4013
intends to relocate operations, currently located in another	4014
state, to the zone;	4015

(4) The enterprise, subject to approval of the agreement,	4016
intends to expand operations at an existing site in the zone that	4017
the enterprise currently operates;	4018

(5) The enterprise, subject to approval of the agreement,	4019
intends to relocate operations, currently located in this state,	4020
to the zone, and the director of development has issued a waiver	4021
for the enterprise under division (B) of section 5709.633 of the	4022
Revised Code.	4023

The agreement shall require the enterprise to agree to	4024
establish, expand, renovate, or occupy a facility in the zone and	4025
hire new employees, or preserve employment opportunities for	4026
existing employees, in return for one or more of the incentives	4027
described in division (C) of this section.	4028

(F) All agreements entered into under this section shall be	4029
in the form prescribed under section 5709.631 of the Revised Code.	4030
After an agreement is entered into under this section, if the	4031
legislative authority revokes its designation of a zone, or if the	4032
director of development revokes a zone's certification, any	4033
entitlements granted under the agreement shall continue for the	4034
number of years specified in the agreement.	4035

(G) Except as otherwise provided in this division, an	4036
agreement entered into under this section shall require that the	4037
enterprise pay an annual fee equal to the greater of one per cent	4038
of the dollar value of incentives offered under the agreement or	4039
five hundred dollars; provided, however, that if the value of the	4040
incentives exceeds two hundred fifty thousand dollars, the fee	4041
shall not exceed two thousand five hundred dollars. The fee shall	4042
be payable to the legislative authority once per year for each	4043
year the agreement is effective on the days and in the form	4044
specified in the agreement. Fees paid shall be deposited in a	4045
special fund created for such purpose by the legislative authority	4046
and shall be used by the legislative authority exclusively for the	4047
purpose of complying with section 5709.68 of the Revised Code and	4048
by the tax incentive review council created under section 5709.85	4049
of the Revised Code exclusively for the purposes of performing the	4050
duties prescribed under that section. The legislative authority	4051
may waive or reduce the amount of the fee charged against an	4052
enterprise, but such a waiver or reduction does not affect the	4053
obligations of the legislative authority or the tax incentive	4054
review council to comply with section 5709.68 or 5709.85 of the	4055
Revised Code.	4056

(H) When an agreement is entered into pursuant to this	4057
section, the legislative authority authorizing the agreement shall	4058
forward a copy of the agreement to the director of development and	4059
to the tax commissioner within fifteen days after the agreement is	4060
entered into. If any agreement includes terms not provided for in	4061
section 5709.631 of the Revised Code affecting the revenue of a	4062
city, local, or exempted village school district or causing	4063
revenue to be foregone by the district, including any compensation	4064
to be paid to the school district pursuant to section 5709.82 of	4065
the Revised Code, those terms also shall be forwarded in writing	4066
to the director of development along with the copy of the	4067
agreement forwarded under this division.	4068

(I) After an agreement is entered into, the enterprise shall	4069
file with each personal property tax return required to be filed,	4070
or annual report required to be filed under section 5727.08 of the	4071
Revised Code, while the agreement is in effect, an informational	4072
return, on a form prescribed by the tax commissioner for that	4073
purpose, setting forth separately the property, and related costs	4074
and values, exempted from taxation under the agreement.	4075

(J) Enterprises may agree to give preference to residents of	4076
the zone within which the agreement applies relative to residents	4077
of this state who do not reside in the zone when hiring new	4078
employees under the agreement.	4079

(K) An agreement entered into under this section may include	4080
a provision requiring the enterprise to create one or more	4081
temporary internship positions for students enrolled in a course	4082
of study at a school or other educational institution in the	4083
vicinity, and to create a scholarship or provide another form of	4084
educational financial assistance for students holding such a	4085
position in exchange for the student's commitment to work for the	4086
enterprise at the completion of the internship.	4087

(L) The tax commissioner's authority in determining the	4088
accuracy of any exemption granted by an agreement entered into	4089
under this section is limited to divisions (C)(1)(a) and (b),	4090
(C)(2)(a), (b), and (c), (C)(3), (D), and (I) of this section and	4091
divisions (B)(1) to (10) of section 5709.631 of the Revised Code	4092
and, as authorized by law, to enforcing any modification to, or	4093
revocation of, that agreement by the legislative authority of a	4094
municipal corporation or the director of development.	4095

Sec. 5709.632.  (A)(1) The legislative authority of a	4096
municipal corporation defined by the United States office of	4097
management and budget as a principal city of a metropolitan	4098
statistical area or designated as an urban cluster in a rural	4099
statistical area may, in the manner set forth in section 5709.62	4100
of the Revised Code, designate one or more areas in the municipal	4101
corporation as a proposed enterprise zone.	4102

(2) With the consent of the legislative authority of each	4103
affected municipal corporation or of a board of township trustees,	4104
a board of county commissioners may, in the manner set forth in	4105
section 5709.62 of the Revised Code, designate one or more areas	4106
in one or more municipal corporations or in unincorporated areas	4107
of the county as proposed urban jobs and enterprise zones, except	4108
that a board of county commissioners may designate no more than	4109
one area within a township, or within adjacent townships, as a	4110
proposed urban jobs and enterprise zone.	4111

(3)(a) The legislative authority or board of county	4112
commissioners may petition the director of development for	4113
certification of the area as having the characteristics set forth	4114
in division (A)(3) of section 5709.61 of the Revised Code. Within	4115
sixty days after receiving such a petition, the director shall	4116
determine whether the area has the characteristics set forth in	4117
that division and forward the findings to the legislative	4118
authority or board of county commissioners. If the director	4119
certifies the area as having those characteristics and thereby	4120
certifies it as a zone, the legislative authority or board may	4121
enter into agreements with enterprises under division (B) of this	4122
section. Any enterprise wishing to enter into an agreement with a	4123
legislative authority or board of county commissioners under this	4124
section and satisfying one of the criteria described in divisions	4125
(B)(1) to (5) of this section shall submit a proposal to the	4126
legislative authority or board on the form prescribed under	4127
division (B) of section 5709.62 of the Revised Code and shall	4128
review and update the estimates and listings required by the form	4129
in the manner required under that division. The legislative	4130
authority or board may, on a separate form and at any time,	4131
require any additional information necessary to determine whether	4132
an enterprise is in compliance with an agreement and to collect	4133
the information required to be reported under section 5709.68 of	4134
the Revised Code.	4135

(b) The legislative authority of a city designated as an	4136
urban cluster in a rural statistical area that has, pursuant to	4137
this section, as amended by Am. Sub. H.B. 95 of the 125th general	4138
assembly, designated one or more areas in the city as a proposed	4139
enterprise zone, shall not enter into an agreement under this	4140
section unless it has petitioned the director and the director has	4141
certified the proposed enterprise zone under division (A)(3)(a) of	4142
this section.	4143

(B) Prior to entering into an agreement with an enterprise,	4144
the legislative authority or board of county commissioners shall	4145
determine whether the enterprise submitting the proposal is	4146
qualified by financial responsibility and business experience to	4147
create and preserve employment opportunities in the zone and to	4148
improve the economic climate of the municipal corporation or	4149
municipal corporations or the unincorporated areas in which the	4150
zone is located and to which the proposal applies, and whether the	4151
enterprise satisfies one of the following criteria:	4152

(1) The enterprise currently has no operations in this state	4153
and, subject to approval of the agreement, intends to establish	4154
operations in the zone;	4155

(2) The enterprise currently has operations in this state	4156
and, subject to approval of the agreement, intends to establish	4157
operations at a new location in the zone that would not result in	4158
a reduction in the number of employee positions at any of the	4159
enterprise's other locations in this state;	4160

(3) The enterprise, subject to approval of the agreement,	4161
intends to relocate operations, currently located in another	4162
state, to the zone;	4163

(4) The enterprise, subject to approval of the agreement,	4164
intends to expand operations at an existing site in the zone that	4165
the enterprise currently operates;	4166

(5) The enterprise, subject to approval of the agreement,	4167
intends to relocate operations, currently located in this state,	4168
to the zone, and the director of development has issued a waiver	4169
for the enterprise under division (B) of section 5709.633 of the	4170
Revised Code.	4171

(C) If the legislative authority or board determines that the	4172
enterprise is so qualified and satisfies one of the criteria	4173
described in divisions (B)(1) to (5) of this section, the	4174
legislative authority or board may, after complying with section	4175
5709.83 of the Revised Code and on or before October 15, 2009,	4176
and, in the case of a board of commissioners, with the consent of	4177
the legislative authority of each affected municipal corporation	4178
or of the board of township trustees, enter into an agreement with	4179
the enterprise under which the enterprise agrees to establish,	4180
expand, renovate, or occupy a facility in the zone and hire new	4181
employees, or preserve employment opportunities for existing	4182
employees, in return for the following incentives:	4183

(1) When the facility is located in a municipal corporation,	4184
a legislative authority or board of commissioners may enter into	4185
an agreement for one or more of the incentives provided in	4186
division (C) of section 5709.62 of the Revised Code, subject to	4187
division (D) of that section;	4188

(2) When the facility is located in an unincorporated area, a	4189
board of commissioners may enter into an agreement for one or more	4190
of the incentives provided in divisions (B)(1)(b), (B)(2), and	4191
(B)(3) of section 5709.63 of the Revised Code, subject to division	4192
(C) of that section.	4193

(D) All agreements entered into under this section shall be	4194
in the form prescribed under section 5709.631 of the Revised Code.	4195
After an agreement under this section is entered into, if the	4196
legislative authority or board of county commissioners revokes its	4197
designation of the zone, or if the director of development revokes	4198
the zone's certification, any entitlements granted under the	4199
agreement shall continue for the number of years specified in the	4200
agreement.	4201

(E) Except as otherwise provided in this division, an	4202
agreement entered into under this section shall require that the	4203
enterprise pay an annual fee equal to the greater of one per cent	4204
of the dollar value of incentives offered under the agreement or	4205
five hundred dollars; provided, however, that if the value of the	4206
incentives exceeds two hundred fifty thousand dollars, the fee	4207
shall not exceed two thousand five hundred dollars. The fee shall	4208
be payable to the legislative authority or board of commissioners	4209
once per year for each year the agreement is effective on the days	4210
and in the form specified in the agreement. Fees paid shall be	4211
deposited in a special fund created for such purpose by the	4212
legislative authority or board and shall be used by the	4213
legislative authority or board exclusively for the purpose of	4214
complying with section 5709.68 of the Revised Code and by the tax	4215
incentive review council created under section 5709.85 of the	4216
Revised Code exclusively for the purposes of performing the duties	4217
prescribed under that section. The legislative authority or board	4218
may waive or reduce the amount of the fee charged against an	4219
enterprise, but such waiver or reduction does not affect the	4220
obligations of the legislative authority or board or the tax	4221
incentive review council to comply with section 5709.68 or 5709.85	4222
of the Revised Code, respectively.	4223

(F) With the approval of the legislative authority of a	4224
municipal corporation or the board of township trustees of a	4225
township in which a zone is designated under division (A)(2) of	4226
this section, the board of county commissioners may delegate to	4227
that legislative authority or board any powers and duties of the	4228
board to negotiate and administer agreements with regard to that	4229
zone under this section.	4230

(G) When an agreement is entered into pursuant to this	4231
section, the legislative authority or board of commissioners	4232
authorizing the agreement shall forward a copy of the agreement to	4233
the director of development and to the tax commissioner within	4234
fifteen days after the agreement is entered into. If any agreement	4235
includes terms not provided for in section 5709.631 of the Revised	4236
Code affecting the revenue of a city, local, or exempted village	4237
school district or causing revenue to be foregone by the district,	4238
including any compensation to be paid to the school district	4239
pursuant to section 5709.82 of the Revised Code, those terms also	4240
shall be forwarded in writing to the director of development along	4241
with the copy of the agreement forwarded under this division.	4242

(H) After an agreement is entered into, the enterprise shall	4243
file with each personal property tax return required to be filed	4244
while the agreement is in effect, an informational return, on a	4245
form prescribed by the tax commissioner for that purpose, setting	4246
forth separately the property, and related costs and values,	4247
exempted from taxation under the agreement.	4248

(I) An agreement entered into under this section may include	4249
a provision requiring the enterprise to create one or more	4250
temporary internship positions for students enrolled in a course	4251
of study at a school or other educational institution in the	4252
vicinity, and to create a scholarship or provide another form of	4253
educational financial assistance for students holding such a	4254
position in exchange for the student's commitment to work for the	4255
enterprise at the completion of the internship.	4256

Sec. 5709.75. (A) Any township that receives service payments	4257
in lieu of taxes under section 5709.74 of the Revised Code shall	4258
establish a township public improvement tax increment equivalent	4259
fund into which those payments shall be deposited. If the board of	4260
township trustees has adopted a resolution under division (C) of	4261
section 5709.73 of the Revised Code, the township shall establish	4262
at least one account in that fund with respect to resolutions	4263
adopted under division (B) of that section, and one account with	4264
respect to each district created by a resolution adopted under	4265
division (C) of that section. If a resolution adopted under	4266
division (C) of section 5709.73 of the Revised Code also	4267
authorizes the use of service payments for housing renovations	4268
within the district, the township shall establish separate	4269
accounts for the service payments designated for public	4270
infrastructure improvements and for the service payments	4271
authorized for the purpose of housing renovations. Moneys	4272

(B) Except as otherwise provided in division (C) or (D) of	4273
this section, money deposited in an account of thatthe township	4274
public improvement tax increment equivalent fund shall be used by	4275
the township to pay the costs of public infrastructure	4276
improvements designated in or the housing renovations authorized	4277
by the resolution with respect to which the account is	4278
established, including any interest on and principal of the notes;	4279
in the case of an account established with respect to a resolution	4280
adopted under division (C) of that section, money in the account	4281
shall be used to finance the public infrastructure improvements	4282
designated, or the housing renovations authorized, for each	4283
district created in the resolution. Money in an account shall not	4284
be used to finance or support housing renovations that take place	4285
after the district has expired. The	4286

(C) A township may also distribute money in such an account	4287
to any school district in which the exempt property is located in	4288
an amount not to exceed the amount of real property taxes that	4289
such school district would have received from the improvement if	4290
it were not exempt from taxation. The resolution establishing the	4291
fund shall set forth the percentage of such maximum amount that	4292
will be distributed to any affected school district. Any	4293

(D) On or before January 1, 2007, a board of township	4294
trustees that adopted a resolution under division (B) of section	4295
5709.73 of the Revised Code before January 1, 1995, and that, with	4296
respect to property exempted under such a resolution, is party to	4297
a hold-harmless agreement, may appropriate and expend unencumbered	4298
money in the fund to pay current public safety expenses of the	4299
township. A township appropriating and expending money under this	4300
division shall reimburse the fund for the sum so appropriated and	4301
expended not later than the day the exemption granted under the	4302
resolution expires. For the purposes of this division, a	4303
"hold-harmless agreement" is an agreement with the board of	4304
education of a city, local, or exempted village school district	4305
under which the board of township trustees agrees to compensate	4306
the school district for one hundred per cent of the tax revenue	4307
the school district would have received from improvements to	4308
parcels designated in the resolution were it not for the exemption	4309
granted by the resolution.	4310

(E) Any incidental surplus remaining in the township public	4311
improvement tax increment equivalent fund or an account of that	4312
fund upon dissolution of the account or fund shall be transferred	4313
to the general fund of the township.	4314

Sec. 5709.91.  Service payments in lieu of taxes required	4315
under sections 725.04, 5709.42, 5709.74, and 5709.79 of the	4316
Revised Code, minimum service payment obligations, and service	4317
charges in lieu of taxes required under sections 1728.11 and	4318
1728.111 of the Revised Code, shall be treated in the same manner	4319
as taxes for all purposes of the lien described in section 323.11	4320
of the Revised Code, including, but not limited to, the priority	4321
and enforcement of the lien and the collection of the service	4322
payments, minimum service payment obligations, or service charges	4323
secured by the lien. For the purposes of this section, a "minimum	4324
service payment obligation" is an obligation, including a	4325
contingent obligation, for a person to make a payment to a county,	4326
township, or municipal corporation to ensure sufficient funds to	4327
finance public infrastructure improvements or, if applicable,	4328
housing renovations, pursuant to an agreement between that person	4329
and the county, township, or municipal corporation for the	4330
purposes of sections 5709.40 to 5709.43, 5709.73 to 5709.75, or	4331
5709.77 to 5709.81 of the Revised Code.	4332

Sec. 5715.70. (A) A county board of revision may release a	4333
lien imposed on real property situated within the county if all	4334
the following apply:	4335

(1) The lien has been in existence for at least five years.

4336

(2) The lien is for a debt resulting from the cost of	4337
environmental cleanup of the property paid from state or local	4338
government funds.	4339

(3) The amount of the lien is equal to or greater than twelve	4340
times the fair market value of the property.	4341

(4) The board determines the debt is uncollectible.

4342

(B) The board shall reduce a release given pursuant to this	4343
section to writing and the county treasurer shall sign and deliver	4344
it to the owner of the property.	4345

Sec. 5715.701. The county recorder shall discharge a lien	4346
described in section 5715.70 of the Revised Code when the release	4347
described in that section is presented to the county recorder. In	4348
addition to the discharge on the records by the recorder, the	4349
release shall be recorded in a book kept for that purpose by the	4350
recorder. The recorder is entitled to the fees for such recording	4351
as provided by section 317.32 of the Revised Code for recording	4352
deeds.	4353

Sec. 5733.121.  If a corporation entitled to a refund under	4354
section 5733.11 or 5733.12 of the Revised Code is indebted to this	4355
state for any tax, workers' compensation premium due under section	4356
4123.35 of the Revised Code, unemployment compensation	4357
contribution due under section 4141.25 of the Revised Code, or	4358
unemployment compensation payment in lieu of contribution under	4359
section 4141.241 of the Revised Code, certified claim under	4360
section 131.02 or 131.021 of the Revised Code, or fee that is paid	4361
to the state or to the clerk of courts pursuant to section 4505.06	4362
of the Revised Code, or any charge, penalty, or interest arising	4363
from such a tax, workers' compensation premium, unemployment	4364
compensation contribution, or unemployment compensation payment in	4365
lieu of contribution under section 4141.241 of the Revised Code,	4366
certified claim, or fee, the amount refundable may be applied in	4367
satisfaction of the debt. If the amount refundable is less than	4368
the amount of the debt, it may be applied in partial satisfaction	4369
of the debt. If the amount refundable is greater than the amount	4370
of the debt, the amount remaining after satisfaction of the debt	4371
shall be refunded. If the corporation has more than one such debt,	4372
any debt subject to section 5739.33 or division (G) of section	4373
5747.07 of the Revised Code shall be satisfied first. ThisExcept	4374
as provided in section 131.021 of the Revised Code, this section	4375
applies only to debts that have become final.	4376

The tax commissioner may charge each respective agency of the	4377
state for the commissioner's cost in applying refunds to debts due	4378
to the state and may charge the attorney general for the	4379
commissioner's cost in applying refunds to certified claims. The	4380
commissioner may promulgate rules to implement this section.	4381

The tax commissioner may, with the consent of the taxpayer,	4382
provide for the crediting, against tax due for any tax year, of	4383
the amount of any refund due the taxpayer under this chapter for a	4384
preceding tax year.	4385

Sec. 5747.12.  If a person entitled to a refund under section	4386
5747.11 or 5747.13 of the Revised Code is indebted to this state	4387
for any tax, workers' compensation premium due under section	4388
4123.35 of the Revised Code, unemployment compensation	4389
contribution due under section 4141.25 of the Revised Code,	4390
certified claim under section 131.02 or 131.021 of the Revised	4391
Code, or fee that is paid to the state or to the clerk of courts	4392
pursuant to section 4505.06 of the Revised Code, or any charge,	4393
penalty, or interest arising from such a tax, workers'	4394
compensation premium, unemployment compensation contribution,	4395
certified claim, or fee, the amount refundable may be applied in	4396
satisfaction of the debt. If the amount refundable is less than	4397
the amount of the debt, it may be applied in partial satisfaction	4398
of the debt. If the amount refundable is greater than the amount	4399
of the debt, the amount remaining after satisfaction of the debt	4400
shall be refunded. If the person has more than one such debt, any	4401
debt subject to section 5739.33 or division (G) of section 5747.07	4402
of the Revised Code shall be satisfied first. ThisExcept as	4403
provided in section 131.021 of the Revised Code, this section	4404
applies only to debts that have become final.	4405

The tax commissioner may charge each respective agency of the	4406
state for the commissioner's cost in applying refunds to debts due	4407
to the state and may charge the attorney general for the	4408
commissioner's cost in applying refunds to certified claims. The	4409
commissioner may promulgate rules to implement this section. The	4410
rules may address, among other things, situations such as those	4411
where persons may jointly be entitled to a refund but do not	4412
jointly owe a debt or certified claim.	4413

The tax commissioner may, with the consent of the taxpayer,	4414
provide for the crediting, against tax imposed under this chapter	4415
or Chapter 5748. of the Revised Code and due for any taxable year,	4416
of the amount of any refund due the taxpayer under this chapter or	4417
Chapter 5748. of the Revised Code, as appropriate, for a preceding	4418
taxable year.	4419

Section 2. That existing sections 9.98, 105.41, 123.10,	4420
125.28, 126.11, 131.02, 133.01, 151.01, 154.01, 154.02, 154.07,	4421
755.16, 755.18, 2716.11, 3318.01, 3318.02, 3318.03, 3318.04,	4422
3318.11, 3318.37, 3318.41, 3345.50, 3383.01, 3383.02, 3383.07,	4423
3770.073, 5537.01, 5540.01, 5709.61, 5709.62, 5709.632, 5709.75,	4424
5709.91, 5733.121, and 5747.12 and section 123.023 of the Revised	4425
Code are hereby repealed.	4426

Section 3.01. The items set forth in this section are hereby	4427
appropriated out of any moneys in the state treasury to the credit	4428
of the Wildlife Fund (Fund 015), that are not otherwise	4429
appropriated.	4430

Appropriations

DNR DEPARTMENT OF NATURAL RESOURCES

4431

CAP-702		UST Removal/Replacement		$	50,000		4432
CAP-703		Cap Abandoned Water Wells		$	10,000		4433
CAP-995		Boundary Protection		$	50,000		4434
Total Department of Natural Resources				$	110,000		4435
TOTAL Wildlife Fund				$	110,000		4436

Section 4.01.  The items set forth in this section are hereby	4438
appropriated out of any moneys in the state treasury to the credit	4439
of the Public School Building Fund (Fund 021), that are not	4440
otherwise appropriated.	4441

Appropriations

SFC SCHOOL FACILITIES COMMISSION

4442

CAP-622		Public School Buildings		$	3,000,000		4443
Total School Facilities Commission				$	3,000,000		4444
TOTAL Public School Building Fund				$	3,000,000		4445

Section 4.02. PUBLIC SCHOOL BUILDING FUND

4447

The Controlling Board, when requested to do so by the	4448
Executive Director of the Ohio School Facilities Commission, may	4449
increase appropriations in the Public School Building Fund (Fund	4450
021), based on revenues received by the fund, including cash	4451
transfers and interest that may accrue to the fund.	4452

Section 5.01.  The items set forth in this section are hereby	4453
appropriated out of any moneys in the state treasury to the credit	4454
of the Highway Safety Fund (Fund 036), that are not otherwise	4455
appropriated.	4456

Appropriations

DHS DEPARTMENT OF PUBLIC SAFETY

4457

CAP-072		OSHP Academy Infrastructure Phase II		$	750,000		4458
CAP-079		Ironton Patrol Post		$	1,900,000		4459
Total Department of Public Safety				$	2,650,000		4460
TOTAL Highway Safety Fund				$	2,650,000		4461

Section 6.01. All items set forth in this section are hereby	4463
appropriated out of any moneys in the state treasury to the credit	4464
of the State Capital Improvements Revolving Loan Fund (Fund 040).	4465
Revenues to the State Capital Improvements Revolving Loan Fund	4466
shall consist of all repayments of loans made to local	4467
subdivisions for capital improvements, investment earnings on	4468
moneys in the fund, and moneys obtained from federal or private	4469
grants or from other sources for the purpose of making loans for	4470
the purpose of financing or assisting in the financing of the cost	4471
of capital improvement projects of local subdivisions.	4472

Appropriations

PWC PUBLIC WORKS COMMISSION

4473

CAP-151		Revolving Loan		$	16,750,000		4474
Total Public Works Commission				$	16,750,000		4475
TOTAL State Capital Improvements Revolving Loan Fund				$	16,750,000		4476

The foregoing appropriation item CAP-151, Revolving Loan,	4477
shall be used in accordance with sections 164.01 to 164.12 of the	4478
Revised Code.	4479

Section 7.01.  All items set forth in this section are hereby	4480
appropriated out of any moneys in the state treasury to the credit	4481
of the Waterways Safety Fund (Fund 086), that are not otherwise	4482
appropriated.	4483

Appropriations

DNR DEPARTMENT OF NATURAL RESOURCES

4484

CAP-324		Cooperative Funding for Boating Facilities		$	7,600,000		4485
CAP-934		Operations Facilities Development		$	890,000		4486
Total Department of Natural Resources				$	8,490,000		4487
TOTAL Waterways Safety Fund				$	8,490,000		4488

Section 8.01. All items set forth in this section are hereby	4490
appropriated out of any moneys in the state treasury to the credit	4491
of the Nursing Home-Federal Fund (Fund 319) that are not otherwise	4492
appropriated.	4493

Appropriations

OVH OHIO VETERANS' HOME AGENCY

4494

430-776		Mechanical Systems Upgrade		$	1,560,000		4495
430-777		Secrest Kitchen Improvements		$	260,000		4496
430-778		Corridor Renovations		$	325,000		4497
430-781		Secrest/Veterans' Hall Roof Replacement		$	552,500		4498
Total Ohio Veterans' Home Agency				$	2,697,500		4499
TOTAL Nursing Home-Federal Fund				$	2,697,500		4500

Section 9.01. All items set forth in this section are hereby	4502
appropriated out of any moneys in the state treasury to the credit	4503
of the Army National Guard Service Contract Fund (Fund 342) that	4504
are not otherwise appropriated.	4505

Appropriations

ADJ ADJUTANT GENERAL

4506

CAP-065		Armory Construction-Federal		$	6,649,000		4507
Total Adjutant General				$	6,649,000		4508
Total Army National Guard Service Contract				$	6,649,000		4509

Section 10.01. All items set forth in this section are hereby	4511
appropriated out of any moneys in the state treasury to the credit	4512
of the Special Administrative Fund (Fund 4A9) that are not	4513
otherwise appropriated.	4514

Appropriations

JFS DEPARTMENT OF JOB AND FAMILY SERVICES

4515

CAP-027		Various Renovations - Local Offices		$	2,076,956		4516
Total Department of Job and Family Services				$	2,076,956		4517
TOTAL Special Administrative Fund				$	2,076,956		4518

Section 11.01. The items set forth in this section are hereby	4520
appropriated out of any moneys in the state treasury to the credit	4521
of the State Fire Marshal Fund (Fund 546), that are not otherwise	4522
appropriated.	4523

Appropriations

COM DEPARTMENT OF COMMERCE

4524

CAP-014		Office and Dorm Addition		$	8,190,000		4525
CAP-016		MARCS Radio Communications		$	400,000		4526
Total Department of Commerce				$	8,590,000		4527
TOTAL State Fire Marshal Fund				$	8,590,000		4528

Section 12.01. The items set forth in this section are hereby	4530
appropriated out of any moneys in the state treasury to the credit	4531
of the Community Match Armories Fund (Fund 5U8) that are not	4532
otherwise appropriated.	4533

Appropriations

ADJ ADJUTANT GENERAL

4534

CAP-066		Armory Construction - Local		$	3,000,000		4535
Total Adjutant General				$	3,000,000		4536
TOTAL Community Match Armories				$	3,000,000		4537

Section 13.01.  The items set forth in this section are	4539
hereby appropriated out of any moneys in the state treasury to the	4540
credit of the Veterans' Home Improvement Fund (Fund 604) that are	4541
not otherwise appropriated.	4542

Appropriations

OVH OHIO VETERANS' HOME AGENCY

4543

CAP-776		Mechanical Systems Upgrade		$	840,000		4544
CAP-777		Secrest Kitchen Improvements		$	140,000		4545
CAP-778		Corridor Renovations		$	175,000		4546
CAP-779		Service Building		$	75,000		4547
CAP-780		Site Work		$	25,000		4548
CAP-781		Secrest/Veterans' Hall Roof Replacement		$	297,500		4549
CAP-782		HVAC Controls Upgrade		$	135,000		4550
CAP-783		Resident Security Upgrade		$	50,000		4551
CAP-784		Multipurpose Room/Employee Locker Room		$	254,000		4552
Total Ohio Veterans' Home Agency				$	1,991,500		4553
TOTAL Veterans' Home Improvement Fund				$	1,991,500		4554

Section 14.01. All items set forth in this section are hereby	4556
appropriated out of any moneys in the state treasury to the credit	4557
of the Clean Ohio Revitalization Fund (Fund 003) that are not	4558
otherwise appropriated.	4559

Appropriations

DEV DEPARTMENT OF DEVELOPMENT

4560

CAP-001		Clean Ohio Revitalization		$	40,000,000		4561
CAP-002		Clean Ohio Assistance		$	10,000,000		4562
Total Department of Development				$	50,000,000		4563
TOTAL Clean Ohio Revitalization Fund				$	50,000,000		4564

Section 14.02. The Treasurer of State is hereby authorized to	4566
issue and sell, in accordance with Section 2o of Article VIII,	4567
Ohio Constitution, and pursuant to sections 151.01 and 151.40 of	4568
the Revised Code, original obligations in an aggregate principal	4569
amount not to exceed $50,000,000, in addition to the original	4570
issuance of obligations heretofore authorized by prior acts of the	4571
General Assembly. These authorized obligations shall be issued,	4572
subject to applicable constitutional and statutory limitations, as	4573
needed to ensure sufficient moneys to the credit of the Clean Ohio	4574
Revitalization Fund (Fund 003) to pay costs of revitalization	4575
projects as referred to in sections 151.01 and 151.40 of the	4576
Revised Code.	4577

Section 15.01.  All items set forth in this section are	4578
hereby appropriated out of any moneys in the state treasury to the	4579
credit of the Highway Safety Building Fund (Fund 025) that are not	4580
otherwise appropriated.	4581

Appropriations

DHS DEPARTMENT OF PUBLIC SAFETY

4582

CAP-080		Repeaters and Portable Radios		$	2,500,000		4583
Total Department of Public Safety				$	2,500,000		4584
TOTAL Highway Safety Building Fund				$	2,500,000		4585

Section 16.01.  All items set forth in Sections 16.02 to	4587
16.10 of this act are hereby appropriated out of any moneys in the	4588
state treasury to the credit of the Administrative Building Fund	4589
(Fund 026) that are not otherwise appropriated.	4590

Appropriations

Section 16.02. ADJ ADJUTANT GENERAL

4591

CAP-036		Roof Replacement - Various		$	180,000		4592
CAP-038		Electrical Systems - Various		$	180,000		4593
CAP-039		Camp Perry Facility Improvements		$	200,000		4594
CAP-044		Replace Windows/Doors - Various		$	160,000		4595
CAP-045		Plumbing Renovations - Various		$	200,000		4596
CAP-046		Paving Renovations - Various		$	280,000		4597
CAP-050		HVAC Systems - Various		$	320,000		4598
CAP-056		Masonry Repairs/Renovations - Various		$	180,000		4599
CAP-060		Facility Protections Measures		$	300,000		4600
CAP-061		Repair/Renovate Waste Water System		$	200,000		4601
CAP-063		Rickenbacker International Airport		$	5,000,000		4602
CAP-065		Construct Marysville Armory/Community Center		$	2,994,000		4603
CAP-068		Norwalk Armory Storage Facility		$	15,000		4604
Total Adjutant General				$	10,209,000		4605

Appropriations

Section 16.03. DAS DEPARTMENT OF ADMINISTRATIVE SERVICES

4607

CAP-773		Governor's Residence Renovations		$	160,032		4608
CAP-826		Surface Road Building Renovations		$	200,000		4609
CAP-834		Capital Improvements Tracking System		$	750,000		4610
CAP-838		SOCC Renovations		$	532,042		4611
CAP-852		North High Building Complex		$	10,375,000		4612
CAP-855		Office Space Planning		$	5,274,502		4613
CAP-859		eSecure Ohio		$	1,750,000		4614
CAP-864		eGovernment Infrastructure		$	250,000		4615
CAP-865		DAS Building Security		$	140,000		4616
CAP-866		OH*1 Network		$	4,000,000		4617
CAP-867		Lausche Building Connector		$	500,000		4618
CAP-868		Riversouth Development		$	9,500,000		4619
Total Department of Administrative Services				$	33,431,576		4620

Appropriations

Section 16.04. AGR DEPARTMENT OF AGRICULTURE

4622

CAP-039		Renovate Weights/Measures Building		$	307,655		4623
CAP-042		Reynoldsburg Complex Security Improvements		$	110,000		4624
CAP-043		Building and Grounds Renovation		$	500,000		4625
CAP-049		Consumer Analytical Laboratory		$	110,000		4626
CAP-050		Plant Industries Building Planning		$	650,000		4627
Total Department of Agriculture				$	1,677,655		4628

Appropriations

Section 16.05. CSR CAPITOL SQUARE REVIEW AND ADVISORY BOARD

4630

CAP-010		Rotunda Renovation		$	1,400,000		4631
CAP-015		Sound System Upgrades		$	400,000		4632
CAP-018		HVAC Improvements		$	476,750		4633
Total Capitol Square Review and Advisory Board				$	2,276,750		4634

SOUND SYSTEM UPGRADES

4635

The foregoing appropriation item CAP-015, Sound System	4636
Upgrades, shall be used by Ohio Governmental Television to	4637
administer the statehouse sound system upgrade project.	4638

Appropriations

Section 16.06. EXP EXPOSITIONS COMMISSION

4639

CAP-037		Electrical Upgrades		$	2,400,000		4640
CAP-056		Building Renovations		$	1,600,000		4641
CAP-072		Emergency Renovations and Equipment Replacement		$	1,000,000		4642
Total Expositions Commission				$	5,000,000		4643

Appropriations

Section 16.07. DNR DEPARTMENT OF NATURAL RESOURCES

4645

CAP-742		Fountain Square Building and Telephone System Improvements		$	500,000		4646
CAP-744		Multi-Agency Radio Communications Equipment - MARCS		$	3,100,059		4647
CAP-747		DNR Fairgrounds Areas - General Upgrading		$	500,000		4648
Total Department of Natural Resources				$	4,100,059		4649

Appropriations

Section 16.08. DHS DEPARTMENT OF PUBLIC SAFETY

4651

CAP-078		Upgrade/Replacement of State EOC Equipment/System		$	525,000		4652
CAP-081		NOAA National Weather Radio Coverage		$	219,900		4653
Total Department of Public Safety				$	744,900		4654

Appropriations

Section 16.09. OSB SCHOOL FOR THE BLIND

4655

CAP-774		Glass Windows/E Wall of Natatorium		$	63,726		4656
CAP-775		Renovation of Science Lab Greenhouse		$	58,850		4657
CAP-776		Renovating Recreation Area		$	213,900		4658
CAP-777		New Classrooms for Secondary MH Program		$	880,407		4659
CAP-778		Renovation of Student Health Service Area		$	144,375		4660
CAP-779		Replacement of Cottage Windows		$	208,725		4661
CAP-780		New School Lighting		$	184,500		4662
CAP-781		Food Prep. Area Air Conditioning		$	67,250		4663
Total School for the Blind				$	1,821,733		4664

Appropriations

Section 16.10. OSD SCHOOL FOR THE DEAF

4665

CAP-777		Boilers, Blowers, and Controls for the School Complex		$	841,469		4666
CAP-778		Central Warehouse		$	706,194		4667
CAP-779		Storage Barn		$	330,850		4668
Total School for the Deaf				$	1,878,513		4669
TOTAL Administrative Building Fund				$	61,140,186		4670

Section 16.11.  The Ohio Building Authority is hereby	4671
authorized to issue and sell, in accordance with Section 2i of	4672
Article VIII, Ohio Constitution, and Chapter 152. and other	4673
applicable sections of the Revised Code, original obligations in	4674
an aggregate principal amount not to exceed $65,000,000 in	4675
addition to the original issuance of obligations heretofore	4676
authorized by prior acts of the General Assembly. The authorized	4677
obligations shall be issued, subject to applicable constitutional	4678
and statutory limitations, to pay costs associated with previously	4679
authorized capital facilities and the capital facilities referred	4680
to in Sections 16.02 to 16.10 of this act.	4681

Section 17.01.  All items set forth in this section are	4682
hereby appropriated out of any moneys in the state treasury to the	4683
credit of the Adult Correctional Building Fund (Fund 027) that are	4684
not otherwise appropriated.	4685

Appropriations

DRC DEPARTMENT OF REHABILITATION AND CORRECTION

4686

STATEWIDE AND CENTRAL OFFICE PROJECTS

4687

CAP-007		Asbestos/Hazardous Waste Removal		$	1,000,000		4688
CAP-017		Security Improvements - Statewide		$	5,000,000		4689
CAP-111		General Building Renovations		$	31,550,000		4690
CAP-141		Multi-Agency Radio Communications System Equipment		$	1,900,000		4691
CAP-187		Mandown Alert Communication System - Statewide		$	2,650,000		4692
Total Statewide and Central Office Projects				$	42,100,000		4693
TOTAL Department of Rehabilitation and Correction				$	42,100,000		4694
TOTAL ADULT CORRECTIONAL BUILDING FUND				$	42,100,000		4695

Section 17.02.  The Ohio Building Authority is hereby	4697
authorized to issue and sell, in accordance with Section 2i of	4698
Article VIII, Ohio Constitution, and Chapter 152. and section	4699
307.021 of the Revised Code, original obligations in an aggregate	4700
principal amount not to exceed $12,000,000 in addition to the	4701
original issuance of obligations heretofore authorized by prior	4702
acts of the General Assembly. The authorized obligations shall be	4703
issued subject to applicable constitutional and statutory	4704
limitations, to pay costs associated with previously authorized	4705
capital facilities and the capital facilities referred to in	4706
Section 17.01 of this act for the Department of Rehabilitation and	4707
Correction.	4708

Section 18.01.  All items set forth in this section are	4709
hereby appropriated out of any moneys in the state treasury to the	4710
credit of the Juvenile Correctional Building Fund (Fund 028) that	4711
are not otherwise appropriated.	4712

Appropriations

DYS DEPARTMENT OF YOUTH SERVICES

4713

CAP-801		Fire Suppression/Safety/Security		$	2,081,447		4714
CAP-803		General Institutional Renovations		$	3,806,860		4715
CAP-837		Sanitary Safety & Other Renovations - Indian River		$	3,641,875		4716
CAP-838		Education and Programming Expansion - ORV		$	1,400,000		4717
Total Department of Youth Services				$	10,930,182		4718
TOTAL Juvenile Correctional Building Fund				$	10,930,182		4719

Section 18.02.  The Ohio Building Authority is hereby	4721
authorized to issue and sell, in accordance with Section 2i of	4722
Article VIII, Ohio Constitution, and Chapter 152. and other	4723
applicable sections of the Revised Code, original obligations in	4724
an aggregate principal amount not to exceed $8,000,000 in addition	4725
to the original issuance of obligations heretofore authorized by	4726
prior acts of the General Assembly. The authorized obligations	4727
shall be issued, subject to applicable constitutional and	4728
statutory limitations, to pay the costs associated with previously	4729
authorized capital facilities and the capital facilities referred	4730
to in Section 18.01 of this act for the Department of Youth	4731
Services.	4732

Section 19.01. All items set forth in this section are hereby	4733
appropriated out of any moneys in the state treasury to the credit	4734
of the Cultural and Sports Facilities Building Fund (Fund 030)	4735
that are not otherwise appropriated.	4736

Appropriations

AFC CULTURAL FACILITIES COMMISSION

4737

CAP-010		Sandusky State Theatre Improvements		$	325,000		4738
CAP-013		Stambaugh Hall Improvements		$	250,000		4739
CAP-033		Woodward Opera House Renovation		$	100,000		4740
CAP-038		Center Exhibit Replacement		$	816,000		4741
CAP-043		Statewide Site Repairs		$	100,000		4742
CAP-044		National Underground Railroad Freedom Center		$	4,150,000		4743
CAP-046		Cincinnati Museum Center Improvements		$	250,000		4744
CAP-052		Akron Art Museum		$	1,012,500		4745
CAP-053		Powers Auditorium Improvements - Eleanor Beecher Flad Pavilion		$	250,000		4746
CAP-065		Beck Center for the Cultural Arts		$	100,000		4747
CAP-069		Cleveland Institute of Art		$	250,000		4748
CAP-071		Cleveland Institute of Music		$	750,000		4749
CAP-073		Marina District/Ice Arena Development		$	3,500,000		4750
CAP-074		Stan Hywet Hall & Gardens - West Vista Restoration		$	750,000		4751
CAP-745		Emergency Repairs		$	838,560		4752
CAP-769		Rankin House State Memorial		$	192,000		4753
CAP-781		Archives and Library Automation		$	624,000		4754
CAP-784		Center Rehabilitation		$	960,000		4755
CAP-806		Grant Boyhood Home Improvements		$	480,000		4756
CAP-812		Schuster Arts Center		$	5,500,000		4757
CAP-823		Marion Palace Theatre		$	750,000		4758
CAP-826		Renaissance Theatre		$	750,000		4759
CAP-834		Galion Historic Big Four Depot Restoration		$	170,000		4760
CAP-835		Jamestown Opera House		$	125,000		4761
CAP-844		Charles A. Eulett Education Center/Edge of Appalachia Museum Center		$	1,850,000		4762
CAP-845		Lima Historic Athletic Field		$	100,000		4763
CAP-846		Butler Palace Theatre		$	100,000		4764
CAP-847		Voice of America Museum		$	275,000		4765
CAP-848		Oxford Arts Center ADA Project		$	72,000		4766
CAP-849		Clark County Community Arts Expansion Project		$	500,000		4767
CAP-850		Westcott House Historic Site		$	75,000		4768
CAP-851		General Lytle Homestead - Harmony Hill		$	50,000		4769
CAP-852		Miami Township Community Amphitheatre		$	50,000		4770
CAP-853		Western Reserve Historical Society		$	1,000,000		4771
CAP-854		Steamship Mather Museum		$	100,000		4772
CAP-855		Rock and Roll Hall of Fame		$	250,000		4773
CAP-856		Friendly Inn Settlement House Historic Site		$	250,000		4774
CAP-857		Merrick House Historic Site		$	250,000		4775
CAP-858		Strongsville Historic Building		$	100,000		4776
CAP-859		Arts Castle		$	100,000		4777
CAP-860		Great Lakes Historical Society		$	325,000		4778
CAP-861		Ohio Glass Museum		$	250,000		4779
CAP-862		Goll Wood Homestead		$	50,000		4780
CAP-863		Ariel Theatre		$	100,000		4781
CAP-864		Bellbrook/Sugarcreek Historical Society		$	10,000		4782
CAP-865		Kennedy Stone House		$	15,000		4783
CAP-866		Sports Facilities Improvements - Cincinnati		$	4,350,000		4784
CAP-867		Ensemble Theatre		$	450,000		4785
CAP-868		Taft Museum		$	500,000		4786
CAP-869		Art Academy of Cincinnati		$	100,000		4787
CAP-870		Riverbend Pavilion Improvements		$	250,000		4788
CAP-871		Cincinnati Art & Technology Academy - Longworth Hall		$	100,000		4789
CAP-872		Music Hall: Over-The-Rhine		$	750,000		4790
CAP-873		John Bloomfield Home Restoration		$	115,000		4791
CAP-874		Malinta Historical Society Caboose Exhibit		$	6,000		4792
CAP-875		Hocking County Historical Society - Schempp House		$	10,000		4793
CAP-876		Art Deco Markay Theater		$	200,000		4794
CAP-877		Harvey Wells House		$	100,000		4795
CAP-878		Bryn Du		$	250,000		4796
CAP-879		Broad Street Historical Renovation		$	300,000		4797
CAP-880		Amherst Historical Society		$	35,000		4798
CAP-881		COSI - Toledo		$	1,900,000		4799
CAP-882		Ohio Theatre - Toledo		$	100,000		4800
CAP-883		Chester Academy Historic Site Renovations		$	25,000		4801
CAP-884		Bradford Ohio Railroad Museum		$	100,000		4802
CAP-885		Montgomery County Historical Society Archives		$	100,000		4803
CAP-886		Nelson T. Gant Historic Homestead		$	25,000		4804
CAP-887		Aurora Outdoor Sports Complex		$	50,000		4805
CAP-888		Preble County Historical Society		$	100,000		4806
CAP-889		Tecumseh Sugarloaf Mountain Amphitheatre		$	120,000		4807
CAP-890		Pro Football Hall of Fame		$	400,000		4808
CAP-891		MAPS Air Museum		$	15,000		4809
CAP-892		Foundation Community Threatre		$	50,000		4810
CAP-893		William McKinley Library Restoration		$	250,000		4811
CAP-894		Hale Farm & Village		$	250,000		4812
CAP-895		Blossom Music Center		$	2,512,500		4813
CAP-896		Richard Howe House		$	100,000		4814
CAP-897		Ward-Thomas Museum		$	30,000		4815
CAP-898		Packard Music Hall Renovation Project		$	100,000		4816
CAP-899		Holland Theatre		$	100,000		4817
CAP-900		Van Wert Historical Society		$	32,000		4818
CAP-901		Warren County Historical Society		$	225,000		4819
CAP-902		Marietta Colony Theatre		$	335,000		4820
CAP-903		West Salem Village Opera House		$	92,000		4821
CAP-904		Beavercreek Community Theater		$	100,000		4822
CAP-905		Smith Orr Homestead		$	100,000		4823
Total Cultural Facilities Commission				$	43,592,560		4824
TOTAL Cultural and Sports Facilities Building Fund				$	43,592,560		4825

Section 19.02.  The Treasurer of State is hereby authorized	4827
to issue and sell, in accordance with Section 2i of Article VIII,	4828
Ohio Constitution, and Chapter 154., as amended by this act, and	4829
other applicable sections of the Revised Code, original	4830
obligations in an aggregate principal amount not to exceed	4831
$35,000,000 in addition to the original issuance of obligations	4832
heretofore authorized by prior acts of the General Assembly. The	4833
authorized obligations shall be issued, subject to applicable	4834
constitutional and statutory limitations, to pay costs of capital	4835
facilities as defined in section 154.01 of the Revised Code,	4836
including construction as defined in division (H) of section	4837
3383.01 of the Revised Code, of the Ohio cultural facilities	4838
designated in Section 19.01 of this act.	4839

Section 20.01.  All items set forth in this section are	4840
hereby appropriated out of any moneys in the state treasury to the	4841
credit of the Ohio Parks and Natural Resources Fund (Fund 031)	4842
that are not otherwise appropriated.	4843

Appropriations

DNR DEPARTMENT OF NATURAL RESOURCES

4844

STATEWIDE AND LOCAL PROJECTS

4845

CAP-012		Land Acquisition		$	750,000		4846
CAP-051		Buck Creek State Park - Camp/Dock Renovations		$	25,000		4847
CAP-060		East Fork State Park Renovation		$	50,000		4848
CAP-080		Atwood Lake Conservancy District		$	75,000		4849
CAP-081		Riversedge/Flats Erosion Control		$	200,000		4850
CAP-083		John Bryan State Park Shelter Construction		$	30,000		4851
CAP-084		Findley State Park General Improvements		$	12,500		4852
CAP-085		The Wilds Carnivore Center		$	1,000,000		4853
CAP-086		Scippo Creek Conservation		$	75,000		4854
CAP-087		Belpre City Swimming Pool		$	125,000		4855
CAP-705		Ohio-Erie Canal Tuscarawas River Logjam Removal		$	25,000		4856
CAP-748		Local Parks Projects - Statewide		$	2,511,079		4857
CAP-753		Project Planning		$	1,144,316		4858
CAP-881		Dam Rehabilitation		$	5,000,000		4859
CAP-931		Wastewater/Water Systems Upgrades		$	2,900,000		4860
Total Statewide and Local Projects				$	13,922,895		4861
Total Department of Natural Resources				$	13,922,895		4862
TOTAL Ohio Parks and Natural Resources Fund				$	13,922,895		4863

Section 20.02.  The Ohio Public Facilities Commission, upon	4865
the request of the Director of Natural Resources, is hereby	4866
authorized to issue and sell, in accordance with Section 2l of	4867
Article VIII, Ohio Constitution, and Chapter 151. and particularly	4868
sections 151.01 and 151.05 of the Revised Code, original	4869
obligations in an aggregate principal amount not to exceed	4870
$14,000,000 in addition to the original issuance of obligations	4871
heretofore authorized by prior acts of the General Assembly. These	4872
authorized obligations shall be issued, subject to applicable	4873
constitutional and statutory limitations, as needed to provide	4874
sufficient moneys to the credit of the Ohio Parks and Natural	4875
Resources Fund (Fund 031) to pay costs of capital facilities as	4876
defined in sections 151.01 and 151.05 of the Revised Code.	4877

Section 20.03.  For the projects appropriated in Section	4878
20.01 of this act, the Department of Natural Resources shall	4879
periodically prepare and submit to the Director of Budget and	4880
Management the estimated design, planning, and engineering costs	4881
of capital-related work to be done by the Department of Natural	4882
Resources for each project. Based on the estimates, the Director	4883
of Budget and Management may release appropriations from the	4884
foregoing appropriation item CAP-753, Project Planning, to pay for	4885
design, planning, and engineering costs incurred by the Department	4886
of Natural Resources for such projects. Upon release of the	4887
appropriations by the Director of Budget and Management, the	4888
Department of Natural Resources shall pay for these expenses from	4889
the Capital Expenses Fund (Fund 4S9), and be reimbursed by Fund	4890
031 using an intrastate voucher.	4891

Section 21.01. All items set forth in this section are hereby	4892
appropriated out of any moneys in the state treasury to the credit	4893
of the School Building Program Assistance Fund (Fund 032) that are	4894
not otherwise appropriated.	4895

Appropriations

SFC SCHOOL FACILITIES COMMISSION

4896

CAP-770		School Building Program Assistance		$	541,600,000		4897
Total School Facilities Commission				$	541,600,000		4898
TOTAL School Building Program Assistance Fund				$	541,600,000		4899

SCHOOL BUILDING PROGRAM ASSISTANCE

4900

The foregoing appropriation item CAP-770, School Building	4901
Program Assistance, shall be used by the School Facilities	4902
Commission to provide funding to school districts that receive	4903
conditional approval from the Commission pursuant to Chapter 3318.	4904
of the Revised Code.	4905

Section 21.02.  The Ohio Public Facilities Commission is	4906
hereby authorized to issue and sell, in accordance with Section 2n	4907
of Article VIII, Ohio Constitution, and Chapter 151. and	4908
particularly sections 151.01 and 151.03 of the Revised Code,	4909
original obligations in an aggregate principal amount not to	4910
exceed $530,000,000, in addition to the original issuance of	4911
obligations heretofore authorized by prior acts of the General	4912
Assembly. The authorized obligations shall be issued, subject to	4913
applicable constitutional and statutory limitations, to pay the	4914
costs to the state of constructing classroom facilities pursuant	4915
to sections 3318.01 to 3318.35 of the Revised Code.	4916

Section 22.01.  All items set forth in Sections 22.02 to	4917
22.05 are hereby appropriated out of any moneys in the state	4918
treasury to the credit of the Mental Health Facilities Improvement	4919
Fund (Fund 033) that are not otherwise appropriated.	4920

Section 22.02. ADA DEPARTMENT OF ALCOHOL AND DRUG ADDICTION	4921
SERVICES	4922

CAP-002		Community Assistance Projects		$	100,000		4923
Total Department of Alcohol and Drug Addiction Services				$	100,000		4924

COMMUNITY ASSISTANCE PROJECTS

4925

Of the foregoing appropriation item CAP-002, Community	4926
Assistance Projects, $100,000 shall be used for the Stella Maris	4927
Community Recovery Center.	4928

Appropriations

Section 22.03.  DMH DEPARTMENT OF MENTAL HEALTH

4929

CAP-479		Community Assistance Projects		$	1,700,000		4930
CAP-978		Infrastructure Improvements		$	8,050,000		4931
Total Department of Mental Health				$	9,750,000		4932

COMMUNITY ASSISTANCE PROJECTS

4933

Of the foregoing appropriation item CAP-479, Community	4934
Assistance Projects, $200,000 shall be used for the Center for	4935
Families and Children.	4936

Appropriations

Section 22.04.  DMR DEPARTMENT OF MENTAL RETARDATION AND	4937
DEVELOPMENTAL DISABILITIES	4938

STATEWIDE AND CENTRAL OFFICE PROJECTS

4939

CAP-480		Community Assistance Projects		$	9,475,000		4940
CAP-955		Statewide Development Centers		$	3,257,257		4941
Total Statewide and Central Office Projects				$	12,732,257		4942
TOTAL Department of Mental Retardation and Developmental Disabilities				$	12,732,257		4943
TOTAL MENTAL HEALTH FACILITIES IMPROVEMENT FUND				$	22,582,257		4944

COMMUNITY ASSISTANCE PROJECTS

4945

The foregoing appropriation item CAP-480, Community	4946
Assistance Projects, may be used to provide community assistance	4947
funds for the development, purchase, construction, or renovation	4948
of facilities for day programs or residential programs that	4949
provide services to persons eligible for services from the	4950
Department of Mental Retardation and Developmental Disabilities or	4951
county boards of mental retardation and developmental	4952
disabilities. Any funds provided to nonprofit agencies for the	4953
construction or renovation of facilities for persons eligible for	4954
services from the Department of Mental Retardation and	4955
Developmental Disabilities and county boards of mental retardation	4956
and developmental disabilities shall be governed by the prevailing	4957
wage provisions in section 176.05 of the Revised Code.	4958

Of the foregoing appropriation item CAP-480, $200,000 shall	4959
be used for the Achievement Centers for Children; $250,000 shall	4960
be used for Bellefaire Jewish Children's Bureau; $250,000 shall be	4961
used for the Julie Billart facility; and $75,000 shall be used for	4962
the Hanson Home.	4963

Section 22.05. The foregoing appropriations for the	4964
Department of Mental Health, CAP-479, Community Assistance	4965
Projects; and Department of Mental Retardation and Developmental	4966
Disabilities, CAP-480, Community Assistance Projects, may be used	4967
on facilities constructed or to be constructed pursuant to Chapter	4968
340., 3793., 5119., 5123., or 5126. of the Revised Code or the	4969
authority granted by section 154.20 of the Revised Code and the	4970
rules issued pursuant to those chapters and shall be distributed	4971
by the Department of Mental Health and the Department of Mental	4972
Retardation and Developmental Disabilities, all subject to	4973
Controlling Board approval.	4974

Section 22.06.  (A) No capital improvement appropriations	4975
made in Sections 22.01 to 22.05 of this act shall be released for	4976
planning or for improvement, renovation, or construction or	4977
acquisition of capital facilities if a governmental agency, as	4978
defined in section 154.01 of the Revised Code, does not own the	4979
real property that constitutes the capital facilities or on which	4980
the capital facilities are or will be located. This restriction	4981
shall not apply in any of the following circumstances:	4982

(1) The governmental agency has a long-term (at least fifteen	4983
years) lease of, or other interest (such as an easement) in, the	4984
real property.	4985

(2) In the case of an appropriation for capital facilities	4986
that, because of their unique nature or location, will be owned or	4987
be part of facilities owned by a separate nonprofit organization	4988
and made available to the governmental agency for its use or	4989
operated by the nonprofit organization under contract with the	4990
governmental agency, the nonprofit organization either owns or has	4991
a long-term (at least fifteen years) lease of the real property or	4992
other capital facility to be improved, renovated, constructed, or	4993
acquired and has entered into a joint or cooperative use	4994
agreement, approved by the Department of Mental Health or the	4995
Department of Mental Retardation and Developmental Disabilities,	4996
whichever is applicable, with the governmental agency for that	4997
agency's use of and right to use the capital facilities to be	4998
financed and, if applicable, improved, the value of such use or	4999
right to use being, as determined by the parties, reasonably	5000
related to the amount of the appropriation.	5001

(B) In the case of capital facilities referred to in division	5002
(A)(2) of this section, the joint or cooperative use agreement	5003
shall include, as a minimum, provisions that:	5004

(1) Specify the extent and nature of that joint or	5005
cooperative use, extending for not fewer than fifteen years, with	5006
the value of such use or right to use to be, as determined by the	5007
parties and approved by the approving department, reasonably	5008
related to the amount of the appropriation;	5009

(2) Provide for pro rata reimbursement to the state should	5010
the arrangement for joint or cooperative use by a governmental	5011
agency be terminated;	5012

(3) Provide that procedures to be followed during the capital	5013
improvement process will comply with appropriate applicable state	5014
laws and rules, including provisions of this act.	5015

Section 22.07.  The Treasurer of State is hereby authorized	5016
to issue and sell in accordance with Section 2i of Article VIII,	5017
Ohio Constitution, and Chapter 154. of the Revised Code,	5018
particularly section 154.20 of the Revised Code, original	5019
obligations in an aggregate principal amount not to exceed	5020
$20,000,000 in addition to the original issuance of obligations	5021
heretofore authorized by prior acts of the General Assembly. The	5022
authorized obligations shall be issued, subject to applicable	5023
constitutional and statutory limitations, to pay costs of capital	5024
facilities as defined in section 154.01 of the Revised Code for	5025
mental hygiene and retardation.	5026

Section 23.01.  All items set forth in Sections 23.02 to	5027
23.45 are hereby appropriated out of any moneys in the state	5028
treasury to the credit of the Higher Education Improvement Fund	5029
(Fund 034) that are not otherwise appropriated.	5030

Appropriations

Section 23.02.  OEB OHIO EDUCATIONAL TELECOMMUNICATIONS	5031
NETWORK COMMISSION	5032

CAP-001		Educational TV and Radio Equipment		$	1,027,038		5034
Total Ohio Educational Telecommunications							5035
Network Commission				$	1,027,038		5036

Appropriations

Section 23.03. BOARD OF REGENTS AND STATE INSTITUTIONS OF	5038
HIGHER EDUCATION	5039

BOR BOARD OF REGENTS

5040

CAP-025		Instructional and Data Processing Equipment		$	28,268,395		5041
CAP-029		Ohio Library and Information Network		$	8,100,000		5042
CAP-030		Ohio Supercomputer Center Expansion		$	6,750,000		5043
CAP-032		Research Facility Action and Investment Funds		$	5,000,000		5044
CAP-064		Eminent Scholars Capital Grants		$	900,000		5045
CAP-068		Third Frontier		$	50,000,000		5046
CAP-070		Dark Fiber		$	4,500,000		5047
CAP-072		Cleveland Clinic Heart Center Infrastructure Project		$	5,000,000		5048
CAP-076		OSU Agricultural Building		$	1,500,000		5049
CAP-077		Center for Structural Biology at Case Western Reserve University		$	1,000,000		5050
CAP-078		One Cleveland Broadband Network		$	500,000		5051
CAP-079		Central Ohio Technology Corridor - Dublin		$	500,000		5052
CAP-080		Ohio State University Supercomputer Center Aerospace & Defense Initiative		$	50,000		5053
Total Board of Regents				$	112,068,395		5054

Section 23.04. RESEARCH FACILITY ACTION AND INVESTMENT FUNDS

5056

The foregoing appropriation item CAP-032, Research Facility	5057
Action and Investment Funds, shall be used for a program of grants	5058
to be administered by the Board of Regents to provide timely	5059
availability of capital facilities for research programs and	5060
research-oriented instructional programs at or involving	5061
state-supported and state-assisted institutions of higher	5062
education.	5063

The Board of Regents shall adopt rules under Chapter 119. of	5064
the Revised Code relative to the application for and approval of	5065
projects funded from appropriation item CAP-032, Research Facility	5066
Action and Investment Funds. The rules shall be reviewed and	5067
approved by the Legislative Committee on Education Oversight. The	5068
Board of Regents shall inform the President of the Senate and the	5069
Speaker of the House of Representatives of each project	5070
application for funding received. Each project receiving a	5071
commitment for funding by the Board of Regents under the rules	5072
shall be reported to the President of the Senate and the Speaker	5073
of the House of Representatives.	5074

Section 23.05. EMINENT SCHOLARS CAPITAL GRANTS

5075

The foregoing appropriation item CAP-064, Eminent Scholars	5076
Capital Grants, shall be used by the Ohio Board of Regents to make	5077
grants to state colleges and universities and nonprofit Ohio	5078
institutions of higher education holding certificates of	5079
authorization issued under section 1713.02 of the Revised Code	5080
that receive endowment grants from appropriation item 235-451,	5081
Eminent Scholars. The capital grants shall be used to acquire,	5082
renovate, rehabilitate, or construct facilities and purchase	5083
equipment to be used by an Eminent Scholar in the conduct of	5084
research, and shall require a 50 per cent match from recipient	5085
campuses.	5086

The Board of Regents shall convene an Eminent Scholars	5087
Advisory Panel, which shall make recommendations for the	5088
administration of the Eminent Scholars program, including the	5089
award of capital grants. The panel's recommendations for capital	5090
awards from appropriation item CAP-064, Eminent Scholars Capital	5091
Grants, shall require the approval of the Board of Regents.	5092

Section 23.06. THIRD FRONTIER

5093

The foregoing appropriation item CAP-068, Third Frontier,	5094
shall be used to acquire, renovate, or construct facilities and	5095
purchase equipment for research programs, technology development,	5096
product development, and commercialization programs at or	5097
involving state-supported and state-assisted institutions of	5098
higher education. The funds shall be used to make grants awarded	5099
on a competitive basis, and shall be administered by the Third	5100
Frontier Commission. Expenditure of these funds shall comply with	5101
Section 2n of Article VIII, Ohio Constitution, and sections 151.01	5102
and 151.04 of the Revised Code for the period beginning July 1,	5103
2004, and ending June 30, 2006.	5104

The Third Frontier Commission shall develop guidelines	5105
relative to the application for and selection of projects funded	5106
from appropriation item CAP-068, Third Frontier. The commission	5107
may develop these guidelines in consultation with other interested	5108
parties. The Board of Regents and all state-assisted and	5109
state-supported institutions of higher education shall take all	5110
actions necessary to implement grants awarded by the Third	5111
Frontier Commission.	5112

The foregoing appropriation item CAP-068, Third Frontier, for	5113
which an appropriation is made from the Higher Education	5114
Improvement Fund (Fund 034), is determined to consist of capital	5115
improvements and capital facilities for state-supported and	5116
state-assisted institutions of higher education, and is designated	5117
for the capital facilities to which proceeds of obligations in the	5118
Higher Education Improvement Fund (Fund 034) are to be applied.	5119

Section 23.07. REIMBURSEMENT FOR PROJECT COSTS

5120

Appropriations made in Sections 23.08 to 23.45 of this act	5121
for purposes of costs of capital facilities for the interim	5122
financing of which the particular institution has previously	5123
issued its own obligations anticipating the possibility of future	5124
state appropriations to pay all or a portion of such costs, as	5125
contemplated in division (B) of section 3345.12 of the Revised	5126
Code, shall be paid directly to the institution or the paying	5127
agent for those outstanding obligations in the full principal	5128
amount of those obligations then to be paid from the anticipated	5129
appropriation, and shall be timely applied to the retirement of a	5130
like principal amount of the institution's obligations.	5131

Appropriations made in Sections 23.08 to 23.45 of this act	5132
for purposes of costs of capital facilities, all or a portion of	5133
which costs the particular institution has paid from the	5134
institution's moneys that were temporarily available and which	5135
expenditures were reasonably expected at the time of the advance	5136
by the institution to be reimbursed from the proceeds of	5137
obligations issued by the state, shall be directly paid to the	5138
institution in the full amounts of those payments, and shall be	5139
timely applied to the reimbursement of those temporarily available	5140
moneys. All reimbursements are subject to review and approval	5141
through the capital release process.	5142

Appropriations

Section 23.08. UAK UNIVERSITY OF AKRON

5143

CAP-008		Basic Renovations		$	3,673,967		5144
CAP-047		Polsky Building		$	2,800,918		5145
CAP-049		Basic Renovations-Wayne		$	122,466		5146
CAP-054		Auburn West Tower Rehabilitation Phase II		$	8,316,562		5147
CAP-077		Leigh Hall Phase II		$	1,680,000		5148
CAP-113		Student & Administrative Services Building Phase II		$	905,464		5149
CAP-114		Facilities Enhancement Building H Phase II		$	628,277		5150
CAP-115		Medina County University Center		$	1,000,000		5151
Total University of Akron				$	19,127,654		5152

Appropriations

Section 23.09. BGU BOWLING GREEN STATE UNIVERSITY

5154

CAP-009		Basic Renovations		$	3,319,413		5155
CAP-060		Basic Renovations-Firelands		$	191,849		5156
CAP-112		Biology Laboratory Building Phase II		$	11,334,113		5157
CAP-126		Re-Roof East, West, and North Bldgs		$	600,000		5158
CAP-127		Instructional Laboratory Phase I		$	123,735		5159
CAP-128		Perrysburg Heights Multipurpose Facility		$	500,000		5160
CAP-129		Wood County Senior Kitchen Project		$	500,000		5161
Total Bowling Green University				$	16,569,110		5162

Appropriations

Section 23.10. CSU CENTRAL STATE UNIVERSITY

5164

CAP-022		Basic Renovations		$	739,133		5165
CAP-084		Academic Facility-Phase II		$	3,734,139		5166
Total Central State University				$	4,473,272		5167

Appropriations

Section 23.11. UCN UNIVERSITY OF CINCINNATI

5168

CAP-009		Basic Renovations		$	7,022,622		5169
CAP-018		Basic Renovations-Clermont		$	198,926		5170
CAP-054		Basic Renovations-Walters		$	336,439		5171
CAP-131		Cinergy Convention Center		$	2,500,000		5172
CAP-174		Classroom/Teaching Laboratory Renovations		$	3,280,000		5173
CAP-176		Network Expansion		$	1,820,000		5174
CAP-205		Medical Science Building		$	5,870,374		5175
CAP-209		Library Renovations		$	1,450,000		5176
CAP-224		Van Wormer Administrative Building Rehabilitation		$	2,632,000		5177
CAP-263		Swift Rehabilitation		$	9,000,000		5178
CAP-265		Rieveschl/Crosley Rehab/Expansion		$	619,579		5179
CAP-269		Raymond Walters Veterinary College		$	1,244,131		5180
CAP-313		Expand Clermont		$	657,770		5181
CAP-329		Uptown Consortium Renovation of Turner Place		$	250,000		5182
Total University of Cincinnati				$	36,881,841		5183

Appropriations

Section 23.12.  CLS CLEVELAND STATE UNIVERSITY

5185

CAP-023		Basic Renovations		$	3,267,875		5186
CAP-125		College of Education Building		$	8,057,262		5187
CAP-130		WVIZ Technology Center/Playhouse Square		$	750,000		5188
CAP-152		Rhodes Tower-Data Center Relocation		$	1,000,000		5189
CAP-153		University Annex-Vacation and Demolition		$	49,390		5190
CAP-154		Main Classroom Stair Tower & Entry		$	1,500,000		5191
CAP-155		Cleveland Playhouse		$	250,000		5192
CAP-156		Physical Education Building Rehabilitation		$	1,000,000		5193
Total Cleveland State University				$	15,874,527		5194

Appropriations

Section 23.13.  KSU KENT STATE UNIVERSITY

5196

CAP-022		Basic Renovations		$	3,573,078		5197
CAP-105		Basic Renovations-East Liverpool		$	151,408		5198
CAP-106		Basic Renovations-Geauga		$	45,607		5199
CAP-107		Basic Renovations-Salem		$	105,640		5200
CAP-108		Basic Renovations-Stark		$	325,358		5201
CAP-110		Basic Renovations-Ashtabula		$	177,801		5202
CAP-111		Basic Renovations-Trumbull		$	347,695		5203
CAP-112		Basic Renovations-Tuscarawas		$	171,699		5204
CAP-212		Health Science Building, Planning		$	705,720		5205
CAP-235		Rehabilitation of Franklin Hall		$	13,923,684		5206
CAP-260		Land Acquisitions & Improvements-East Liverpool		$	638,419		5207
CAP-261		Addition/Renovation of Classrooms-Geauga		$	246,878		5208
CAP-262		Gym Renovation Planning-Salem		$	490,213		5209
CAP-263		Parking Lot & Roadway Paving-Stark		$	162,076		5210
CAP-264		Fine Arts Building & New Campus Center-Stark		$	1,000,000		5211
CAP-265		Science Lab Addition-Trumbull		$	991,786		5212
CAP-266		Fine & Performing Arts Center - Tuscarawas		$	844,655		5213
CAP-267		Columbiana County Port Authority		$	875,000		5214
CAP-268		Canton Convention Center		$	735,000		5215
Total Kent State University				$	25,511,717		5216

Appropriations

Section 23.14. MUN MIAMI UNIVERSITY

5218

CAP-018		Basic Renovations		$	3,361,718		5219
CAP-066		Basic Renovations - Hamilton		$	338,149		5220
CAP-069		Basic Renovations - Middletown		$	342,582		5221
CAP-113		Academic/Administrative Renovation Projects - Hamilton		$	561,504		5222
CAP-127		Campus Steam Loop Connections		$	1,457,000		5223
CAP-142		Engineering & Applied Science Facility		$	3,200,000		5224
CAP-145		Campus Chilled Water Efficiency Upgrade		$	725,000		5225
CAP-146		Information Technology Systems Upgrade		$	1,201,284		5226
CAP-150		Student & Community Center		$	2,530,865		5227
CAP-157		Presser Hall Rehabilitation		$	3,015,740		5228
CAP-158		Psychology & Animal Care Facility		$	2,500,000		5229
Total Miami University				$	19,233,842		5230

Appropriations

Section 23.15. OSU OHIO STATE UNIVERSITY

5232

CAP-074		Basic Renovations		$	16,087,255		5233
CAP-149		Basic Renovations - Regional Campuses		$	1,364,700		5234
CAP-255		Supplemental Renovations - OARDC		$	1,563,997		5235
CAP-427		Morrill Hall - 1st Floor Rehabilitation		$	603,137		5236
CAP-486		Larkins Hall Addition and Rehabilitation		$	6,417,109		5237
CAP-487		Robinson Laboratory Replacement		$	24,200,000		5238
CAP-531		Plant & Animal Agrosecurity Research Facility		$	4,830,718		5239
CAP-534		Main Library Rehabilitation/Expansion		$	8,000,000		5240
CAP-535		Psychology Building		$	13,600,000		5241
CAP-701		OSU Cancer Program Expansion		$	2,000,000		5242
CAP-702		Smith Laboratory Rehabilitation		$	2,800,000		5243
CAP-704		Warner Library and Student Center		$	1,070,766		5244
CAP-705		Hopewell Hall Science Suite		$	508,408		5245
CAP-712		OSU Mansfield - Third Street Project		$	234,000		5246
Total Ohio State University				$	83,280,090		5247

Appropriations

Section 23.16. OHU OHIO UNIVERSITY

5249

CAP-020		Basic Renovations		$	4,359,577		5250
CAP-095		Basic Renovations - Eastern		$	161,266		5251
CAP-098		Basic Renovations - Lancaster		$	220,122		5252
CAP-099		Basic Renovations - Zanesville		$	208,065		5253
CAP-113		Basic Renovations - Chillicothe		$	191,356		5254
CAP-114		Basic Renovations - Ironton		$	109,277		5255
CAP-115		Bennett Hall Interior Renovation Phase II		$	101,793		5256
CAP-155		Brasee Hall Interior Renovations		$	835,520		5257
CAP-172		Elson Hall Renovation Phase III		$	909,284		5258
CAP-203		Classroom Improvements		$	50,000		5259
CAP-214		Science/Fine Arts Renovation Phase II		$	305,000		5260
CAP-216		Proctorville Planning and Site Improvements		$	448,831		5261
CAP-222		Clippinger Lab Planning		$	112,709		5262
CAP-223		Alden Library Planning		$	150,000		5263
CAP-224		University Center Replacement		$	11,390,000		5264
CAP-225		Lausche Heating Plant		$	4,800,000		5265
CAP-226		New Grounds Maintenance Building		$	259,064		5266
CAP-227		Chillicothe Parking & Roadway		$	480,000		5267
CAP-228		Shoemaker Center Air Conditioning		$	271,000		5268
CAP-230		Kettering Medical Center - Nixon Research Facility		$	450,000		5269
CAP-231		Supplemental Renovations - Ironton		$	100,000		5270
Total Ohio University				$	25,912,864		5271

Appropriations

Section 23.17. SSC SHAWNEE STATE UNIVERSITY

5273

CAP-004		Basic Renovations		$	792,535		5274
CAP-044		Land Acquisition		$	227,681		5275
CAP-051		Rhodes Center Rehabilitation		$	1,315,586		5276
Total Shawnee State University				$	2,335,802		5277

Appropriations

Section 23.18. UTO UNIVERSITY OF TOLEDO

5279

CAP-010		Basic Renovations		$	3,762,792		5280
CAP-105		Gillham Hall Rehabilitation		$	2,000,000		5281
CAP-122		Bowman-Oddy Instructional Labs		$	6,000,000		5282
CAP-123		Classrooms, Instructional & Research Labs, Program & Design		$	5,206,304		5283
Total University of Toledo				$	16,969,096		5284

Appropriations

Section 23.19. WSU WRIGHT STATE UNIVERSITY

5286

CAP-015		Basic Renovations		$	2,752,255		5287
CAP-064		Basic Renovations - Lake		$	91,232		5288
CAP-115		Russ Engineering Expansion		$	369,000		5289
CAP-116		Rike Hall Renovation		$	2,000,000		5290
CAP-119		Science Lab Renovations (Planning)		$	5,720,940		5291
CAP-120		Lake Campus University Center		$	1,420,709		5292
CAP-127		Rehabilitate Festival Playhouse		$	1,000,000		5293
CAP-128		Glenn Helen Preserve Eco Art Classroom		$	25,000		5294
Total Wright State University				$	13,379,136		5295

Appropriations

Section 23.20. YSU YOUNGSTOWN STATE UNIVERSITY

5297

CAP-014		Basic Renovations		$	2,355,915		5298
CAP-108		Youngstown Convocation Center		$	2,000,000		5299
CAP-113		Campus Development		$	2,095,731		5300
CAP-114		Steam Distribuition & Central Utility Plant Upgrade		$	500,000		5301
CAP-125		Campus-wide Building Systems Upgrades		$	743,040		5302
CAP-126		Technology Upgrades		$	2,267,081		5303
CAP-127		Recreation and Wellness Center		$	1,000,000		5304
CAP-128		Youngstown Market Ready Incubator		$	750,000		5305
CAP-131		Masonry Restoration		$	619,200		5306
Total Youngstown State University				$	12,330,967		5307

Appropriations

Section 23.21. MCO MEDICAL COLLEGE OF OHIO

5309

CAP-010		Basic Renovations		$	1,197,170		5310
CAP-066		Core Research Facility		$	2,000,000		5311
CAP-076		Supplemental Renovations		$	863,287		5312
CAP-078		Clinical Academic Renovation		$	585,949		5313
Total Medical College of Ohio				$	4,646,406		5314

Appropriations

Section 23.22. NEM NORTHEASTERN OHIO UNIVERSITIES COLLEGE OF	5316
MEDICINE	5317

CAP-018		Basic Renovations		$	426,790		5318
CAP-048		Rehabilitation of Multi-Disciplinary Laboratories		$	1,346,879		5319
Total Northeastern Ohio Universities College of Medicine				$	1,773,669		5320

Appropriations

Section 23.23. CTC CINCINNATI STATE COMMUNITY COLLEGE

5322

CAP-013		Basic Renovations		$	747,037		5323
CAP-030		Student Life and Education Center		$	2,865,422		5324
CAP-037		Classroom Technology Enhancements		$	792,372		5325

Total Cincinnati State Community College

$

4,404,831

5326

Appropriations

Section 23.24. CLT CLARK STATE COMMUNITY COLLEGE

5327

CAP-006		Basic Renovations		$	396,136		5328
CAP-039		Clark State Health and Education Center		$	100,000		5329
CAP-041		Student/Technology Center		$	1,270,607		5330
CAP-042		Springfield Second Harvest Foodbank Building		$	100,000		5331
CAP-043		Tecumseh Health and Education Center		$	100,000		5332
Total Clark State Community College				$	1,966,743		5333

Appropriations

Section 23.25. CTI COLUMBUS STATE COMMUNITY COLLEGE

5335

CAP-006		Basic Renovations		$	1,126,207		5336
CAP-052		Building E Construction		$	19,732,839		5337

Total Columbus State Community College

$

20,859,046

5338

Appropriations

Section 23.26. CCC CUYAHOGA COMMUNITY COLLEGE

5339

CAP-031		Basic Renovations		$	2,428,960		5340
CAP-079		Cleveland Art Museum Improvements		$	3,000,000		5341
CAP-094		Collegewide Wayfinding Signage System		$	1,067,510		5342
CAP-095		Collegewide Asset Protection and Building Codes Upgrade		$	1,491,522		5343
CAP-096		Health Care Technology Building - Eastern		$	6,050,264		5344

Total Cuyahoga Community College

$

14,038,256

5345

Appropriations

Section 23.27.  ESC EDISON STATE COMMUNITY COLLEGE

5346

CAP-006		Basic Renovations		$	268,039		5347
Total Edison State Community College				$	268,039		5348

Appropriations

Section 23.28.  JTC JEFFERSON COMMUNITY COLLEGE

5350

CAP-022		Basic Renovations		$	210,806		5351
CAP-043		Replacement of Administrative Hardware and Software System		$	320,860		5352
Total Jefferson Community College				$	531,666		5353

Appropriations

Section 23.29.  LCC LAKELAND COMMUNITY COLLEGE

5355

CAP-006		Basic Renovations		$	827,053		5356
CAP-045		Instructional Use Building		$	2,433,264		5357
Total Lakeland Community College				$	3,260,317		5358

Appropriations

Section 23.30.  LOR LORAIN COUNTY COMMUNITY COLLEGE

5360

CAP-005		Basic Renovations		$	937,172		5361
CAP-044		Learning Technology Center		$	8,857,919		5362
Total Lorain County Community College				$	9,795,091		5363

Appropriations

Section 23.31.  NTC NORTHWEST STATE COMMUNITY COLLEGE

5365

CAP-003		Basic Renovations		$	255,977		5366
CAP-022		Branch Campus Facility		$	400,000		5367
Total Northwest State Community College				$	655,977		5368

Appropriations

Section 23.32.  OTC OWENS COMMUNITY COLLEGE

5370

CAP-019		Basic Renovations		$	1,231,693		5371
CAP-039		Academic Services Building, Phase II - Findlay		$	3,160,268		5372
CAP-040		Fire and Police Training Site for Homeland Security, Phase II		$	1,000,000		5373
Total Owens Community College				$	5,391,961		5374

Appropriations

Section 23.33.  RGC RIO GRANDE COMMUNITY COLLEGE

5376

CAP-005		Basic Renovations		$	341,403		5377
CAP-025		Student Center		$	125,000		5378
CAP-026		Supplemental Renovations		$	200,000		5379
Total Rio Grande Community College				$	666,403		5380

Appropriations

Section 23.34.  SCC SINCLAIR COMMUNITY COLLEGE

5382

CAP-007		Basic Renovations		$	1,860,925		5383
CAP-059		National Composite Center		$	2,000,000		5384
Total Sinclair Community College				$	3,860,925		5385

Appropriations

Section 23.35.  SOC SOUTHERN STATE COMMUNITY COLLEGE

5387

CAP-010		Basic Renovations		$	250,644		5388
CAP-011		Supplemental Renovations		$	100,000		5389
Total Southern State Community College				$	350,644		5390

Appropriations

Section 23.36.  TTC TERRA STATE COMMUNITY COLLEGE

5392

CAP-009		Basic Renovations		$	287,915		5393
CAP-020		New Health and Science Building		$	2,967,947		5394
Total Terra State Community College				$	3,255,862		5395

Appropriations

Section 23.37.  WTC WASHINGTON STATE COMMUNITY COLLEGE

5397

CAP-006		Basic Renovations		$	231,224		5398
Total Washington State Community College				$	231,224		5399

Appropriations

Section 23.38.  BTC BELMONT TECHNICAL COLLEGE

5401

CAP-008		Basic Renovations		$	194,718		5402
Total Belmont Technical College				$	194,718		5403

Appropriations

Section 23.39.  COT CENTRAL OHIO TECHNICAL COLLEGE

5405

CAP-003		Basic Renovations		$	165,714		5406
CAP-012		Warner Library and Student Center		$	718,558		5407
CAP-013		Hopewell Hall Science Suite		$	354,765		5408
CAP-014		Founders Hopewell Halls		$	5,158		5409
Total Central Ohio Technical College				$	1,244,195		5410

Appropriations

Section 23.40.  HTC HOCKING TECHNICAL COLLEGE

5412

CAP-019		Basic Renovations		$	425,525		5413
CAP-042		McClenaghan Center for Hospitality Training		$	1,283,437		5414
CAP-044		Hocking College Fire and Emergency Training Center		$	250,000		5415
Total Hocking Technical College				$	1,958,962		5416

Appropriations

Section 23.41.  LTC JAMES RHODES STATE COLLEGE

5418

CAP-004		Basic Renovations		$	271,100		5419
Total James Rhodes State College				$	271,100		5420

Appropriations

Section 23.42.  MTC MARION TECHNICAL COLLEGE

5422

CAP-004		Basic Renovations		$	103,485		5423
Total Marion Technical College				$	103,485		5424

Appropriations

Section 23.43.  MAT ZANE STATE COLLEGE

5426

CAP-007		Basic Renovations		$	253,769		5427
CAP-021		Lighting/HVAC Replacement		$	547,039		5428
CAP-022		Improve Campus Entrance		$	175,000		5429
Total Zane State College				$	975,808		5430

Appropriations

Section 23.44.  NCC NORTH CENTRAL TECHNICAL COLLEGE

5432

CAP-003		Basic Renovations		$	384,097		5433
CAP-014		Kee Hall Roof Rehabilitation		$	509,000		5434
CAP-015		Richland/Braintree Incubator		$	250,000		5435
CAP-018		Fallerius Renovation Phase II		$	480,073		5436
Total North Central Technical College				$	1,623,170		5437

Appropriations

Section 23.45. STC STARK TECHNICAL COLLEGE

5439

CAP-004		Basic Renovations		$	438,295		5440
CAP-035		Business Technologies Addition Rehabilitation		$	1,378,892		5441
CAP-037		Fuel Cell Initiative		$	250,000		5442
Total Stark Technical College				$	2,067,187		5443
Total Board of Regents and State							5444
Institutions of Higher Education				$	488,343,998		5445
TOTAL Higher Education Improvement Fund				$	489,371,036		5446

Section 23.46.  DEBT SERVICE FORMULA ALLOCATION

5448

Based on the foregoing appropriations in Sections 23.08 to	5449
23.45 of this act, from Fund 034, Higher Education Improvement	5450
Fund, the following higher education institutions shall be	5451
responsible for the specified amounts as part of the debt service	5452
component of the instructional subsidy beginning in fiscal year	5453
2006:	5454

INSTITUTION			AMOUNT		5455
University of Akron		$	13,702,944		5456
University of Akron - Wayne		$	628,277		5457
Bowling Green State University		$	11,334,113		5458
Bowling Green State University - Firelands		$	723,735		5459
Central State University		$	1,734,139		5460
University of Cincinnati		$	24,671,953		5461
University of Cincinnati - Clermont		$	657,770		5462
University of Cincinnati - Walters		$	1,244,131		5463
Cleveland State University		$	11,606,653		5464
Kent State University		$	13,923,684		5465
Kent State University - Ashtabula		$	705,720		5466
Kent State University - East Liverpool		$	638,419		5467
Kent State University - Geauga		$	246,878		5468
Kent State University - Salem		$	490,213		5469
Kent State University - Stark		$	1,162,076		5470
Kent State University - Trumbull		$	991,786		5471
Kent State University - Tuscarawas		$	844,655		5472
Miami University		$	12,099,024		5473
Miami University - Hamilton		$	561,504		5474
Miami University - Middletown		$	2,530,865		5475
Ohio State University		$	57,017,109		5476
Ohio State University - Marion		$	603,137		5477
Ohio State University - Newark		$	1,579,174		5478
Ohio State University - OARDC		$	4,830,718		5479
Ohio University		$	16,502,709		5480
Ohio University - Eastern		$	564,064		5481
Ohio University - Chillicothe		$	852,793		5482
Ohio University - Southern		$	448,831		5483
Ohio University - Lancaster		$	835,520		5484
Ohio University - Zanesville		$	909,284		5485
Shawnee State University		$	1,543,267		5486
University of Toledo		$	13,206,304		5487
Wright State University		$	9,089,940		5488
Wright State University - Lake		$	1,420,709		5489
Youngstown State University		$	7,225,052		5490
Medical College of Ohio		$	3,449,236		5491
Northeastern Ohio Universities College of Medicine		$	1,346,879		5492
Cincinnati State Community College		$	3,657,795		5493
Clark State Community College		$	1,270,607		5494
Columbus State Community College		$	5,360,556		5495
Cuyahoga Community College		$	8,609,295		5496
Jefferson Community College		$	320,860		5497
Lakeland Community College		$	2,433,264		5498
Lorain County Community College		$	8,857,919		5499
Owens Community College		$	4,160,268		5500
Terra State Community College		$	2,967,947		5501
Central Ohio Technical College		$	1,078,481		5502
Hocking Technical College		$	1,283,437		5503
Zane State College		$	722,040		5504
North Central Technical College		$	989,073		5505
Stark Technical College		$	1,378,892		5506

Institutions not listed above shall not have a debt service	5507
obligation as a result of these appropriations.	5508

Within sixty days after the effective date of this section,	5509
any institution of higher education may notify the Board of	5510
Regents of its intention not to proceed with any project	5511
appropriated in this act. Upon receiving such notification, the	5512
Board of Regents may release the institution from its debt service	5513
obligation for the specific project.	5514

Section 23.47.  For all of the foregoing appropriation items	5515
from the Higher Education Improvement Fund (Fund 034) that require	5516
local funds to be contributed by any state-supported or	5517
state-assisted institution of higher education, the Ohio Board of	5518
Regents shall not recommend that any funds be released until the	5519
recipient institution demonstrates to the Board of Regents and the	5520
Office of Budget and Management that the local funds contribution	5521
requirement has been secured or satisfied. The local funds shall	5522
be in addition to the foregoing appropriations.	5523

Section 23.48.  The Ohio Public Facilities Commission is	5524
hereby authorized to issue and sell, in accordance with Section 2n	5525
of Article VIII, Ohio Constitution, Chapter 151. and particularly	5526
sections 151.01 and 151.04 of the Revised Code, original	5527
obligations in an aggregate principal amount not to exceed	5528
$476,000,000, in addition to the original issuance of obligations	5529
heretofore authorized by prior acts of the General Assembly. The	5530
authorized obligations shall be issued, subject to applicable	5531
constitutional and statutory limitations, to pay costs of capital	5532
facilities as defined in sections 151.01 and 151.04 of the Revised	5533
Code for state-supported and state-assisted institutions of higher	5534
education.	5535

Section 23.49.  None of the foregoing capital improvements	5536
appropriations for state-supported or state-assisted institutions	5537
of higher education shall be expended until the particular	5538
appropriation has been recommended for release by the Ohio Board	5539
of Regents and released by the Director of Budget and Management	5540
or the Controlling Board. Either the institution concerned, or the	5541
Ohio Board of Regents with the concurrence of the institution	5542
concerned, may initiate the request to the Director of Budget and	5543
Management or the Controlling Board for the release of the	5544
particular appropriations.	5545

Section 23.50.  (A) No capital improvement appropriations	5546
made in Sections 23.02 to 23.45 of this act shall be released for	5547
planning or for improvement, renovation, construction, or	5548
acquisition of capital facilities if the institution of higher	5549
education or the state does not own the real property on which the	5550
capital facilities are or will be located. This restriction does	5551
not apply in any of the following circumstances:	5552

(1) The institution has a long-term (at least fifteen years)	5553
lease of, or other interest (such as an easement) in, the real	5554
property.	5555

(2) The Ohio Board of Regents certifies to the Controlling	5556
Board that undue delay will occur if planning does not proceed	5557
while the property or property interest acquisition process	5558
continues. In this case, funds may be released upon approval of	5559
the Controlling Board to pay for planning through the development	5560
of schematic drawings only.	5561

(3) In the case of an appropriation for capital facilities	5562
that, because of their unique nature or location, will be owned or	5563
will be part of facilities owned by a separate nonprofit	5564
organization or public body and will be made available to the	5565
institution of higher education for its use, the nonprofit	5566
organization or public body either owns or has a long-term (at	5567
least fifteen years) lease of the real property or other capital	5568
facility to be improved, renovated, constructed, or acquired and	5569
has entered into a joint or cooperative use agreement with the	5570
institution of higher education that meets the requirements of	5571
division (C) of this section.	5572

(B) Any foregoing appropriations which require cooperation	5573
between a technical college and a branch campus of a university	5574
may be released by the Controlling Board upon recommendation by	5575
the Ohio Board of Regents that the facilities proposed by the	5576
institutions are:	5577

(1) The result of a joint planning effort by the university	5578
and the technical college, satisfactory to the Ohio Board of	5579
Regents;	5580

(2) Facilities that will meet the needs of the region in	5581
terms of technical and general education, taking into	5582
consideration the totality of facilities which will be available	5583
after the completion of these projects;	5584

(3) Planned to permit maximum joint use by the university and	5585
technical college of the totality of facilities which will be	5586
available upon their completion; and	5587

(4) To be located on or adjacent to the branch campus of the	5588
university.	5589

(C) The Ohio Board of Regents shall adopt rules regarding the	5590
release of moneys from all the foregoing appropriations for	5591
capital facilities for all state-supported or state-assisted	5592
institutions of higher education. In the case of capital	5593
facilities referred to in division (A)(3) of this section, the	5594
joint or cooperative use agreements shall include, as a minimum,	5595
provisions that:	5596

(1) Specify the extent and nature of that joint or	5597
cooperative use, extending for not fewer than fifteen years, with	5598
the value of such use or right to use to be, as to be determined	5599
by the parties and approved by the Board of Regents, reasonably	5600
related to the amount of the appropriations;	5601

(2) Provide for pro rata reimbursement to the state should	5602
the arrangement for joint or cooperative use be terminated;	5603

(3) Provide that procedures to be followed during the capital	5604
improvement process will comply with appropriate applicable state	5605
laws and rules, including provisions of this act; and	5606

(4) Provide for payment or reimbursement to the institution	5607
of its administrative costs incurred as a result of the facilities	5608
project, not to exceed 1.5 per cent of the appropriated amount.	5609

(D) Upon the recommendation of the Ohio Board of Regents, the	5610
Controlling Board may approve the transfer of appropriations for	5611
projects requiring cooperation between institutions from one	5612
institution to another institution with the approval of both	5613
institutions.	5614

(E) Notwithstanding section 127.14 of the Revised Code, the	5615
Controlling Board, upon the recommendation of the Ohio Board of	5616
Regents, may transfer amounts appropriated to the Ohio Board of	5617
Regents to accounts of state-supported or state-assisted	5618
institutions created for that same purpose.	5619

Section 23.51.  The requirements of Chapters 123. and 153. of	5620
the Revised Code, with respect to the powers and duties of the	5621
Director of Administrative Services, and the requirements of	5622
section 127.16 of the Revised Code, with respect to the	5623
Controlling Board, shall not apply to projects of community	5624
college districts, which include Cuyahoga Community College,	5625
Jefferson Community College, Lakeland Community College, Lorain	5626
County Community College, Rio Grande Community College, and	5627
Sinclair Community College; and technical college districts which	5628
include Belmont Technical College, Central Ohio Technical College,	5629
Hocking Technical College, James Rhodes State College, Marion	5630
Technical College, Zane State College, North Central Technical	5631
College, and Stark Technical College.	5632

Section 23.52.  Those institutions locally administering	5633
capital improvement projects pursuant to section 3345.50 of the	5634
Revised Code may:	5635

(A) Establish charges for recovering costs directly related	5636
to project administration as defined by the Director of	5637
Administrative Services. The Department of Administrative Services	5638
shall review and approve these administrative charges when such	5639
charges are in excess of 1.5 per cent of the total construction	5640
budget.	5641

(B) Seek reimbursement from state capital appropriations to	5642
the institution for the in-house design services performed by the	5643
institution for such capital projects. Acceptable charges shall be	5644
limited to design document preparation work that is done by the	5645
institution. These reimbursable design costs shall be shown as	5646
"A/E fees" within the project's budget that is submitted to the	5647
Controlling Board or the Director of Budget and Management as part	5648
of a request for release of funds. The reimbursement for in-house	5649
design shall not exceed seven per cent of the estimated	5650
construction cost.	5651

Section 24.01. 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 Parks and Recreation Improvement Fund (Fund 035) that are	5654
not otherwise appropriated.	5655

Appropriations

DNR DEPARTMENT OF NATURAL RESOURCES

5656

CAP-004		Burr Oak Lodge		$	150,000		5657
CAP-012		Land Acquisition		$	243,663		5658
CAP-088		Muskingum River Lock and Dam		$	250,000		5659
CAP-234		State Park Campgrounds, Cabins, and Lodges		$	2,712,500		5660
CAP-331		Park Boating Facilities		$	7,588,383		5661
CAP-701		Buckeye Lake State Park - Dam Rehabilitation		$	4,000,000		5662
CAP-718		Grand Lake St. Mary's State Park Erosion Control Project		$	450,000		5663
CAP-748		Local Park Projects		$	2,715,000		5664
CAP-753		Project Planning		$	175,000		5665
CAP-848		Hazardous Dam Repair - Statewide		$	1,325,000		5666
CAP-876		Statewide Trails		$	1,101,500		5667
CAP-931		Statewide Wastewater/Water Systems Upgrade		$	2,500,000		5668
Total Department of Natural Resources				$	23,211,046		5669
TOTAL Parks and Recreation Improvement Fund				$	23,211,046		5670

FEDERAL REIMBURSEMENT

5671

All reimbursements received from the federal government for	5672
any expenditures made pursuant to this section shall be deposited	5673
in the state treasury to the credit of the Parks and Recreation	5674
Improvement Fund (Fund 035).	5675

LOCAL PARKS PROJECTS

5676

Of the foregoing appropriation item CAP-748, Local Parks	5677
Projects, $75,000 shall be used for the Springfield Arts Veterans'	5678
Park; $50,000 shall be used for the Village of Bentleyville Park;	5679
$25,000 shall be used for the Cleveland Police and Firefighters	5680
Memorial Park; $100,000 shall be used for the Parma Heights	5681
Greenbriar Park; $125,000 shall be used for the Fairborn Park	5682
Entrance Project; $250,000 shall be used for the Greene County	5683
Soccer Park; $750,000 shall be used for the Banks Park; $400,000	5684
shall be used for the Colerain Township Park Improvements;	5685
$200,000 shall be used for the Colerain Township Heritage Park;	5686
$75,000 shall be used for the London Park Project; $50,000 shall	5687
be used for Somerset Park Improvements; $50,000 shall be used for	5688
Meadowbrook Park; $25,000 shall be used for Early Hill Park;	5689
$25,000 shall be used for the Wright-Flyer Aviation Park; $200,000	5690
shall be used for Madison Township Park; $10,000 shall be used for	5691
the Wellington Soccer Field Park; $10,000 shall be used for the	5692
Greenwich Township Baseball Field Park Improvements; $20,000 shall	5693
be used for the City of London Sports Park; $25,000 shall be used	5694
for the Pleasant Hill Park Ball Field Project; and $250,000 shall	5695
be used for the Education Gateway at Sippo Lake Park.	5696

STATEWIDE TRAILS PROGRAM

5697

Of the foregoing appropriation item CAP-876, Statewide	5698
Trails, $85,000 shall be used for the Williamsburg-Batavia	5699
hike/bike trail; $16,500 shall be used for the South Milford Road	5700
Bike Trail Project; $125,000 shall be used for the Tri-County	5701
Triangle Trail in Fayette county; $100,00 shall be used for the	5702
Tri-County Triangle Trail in Highland County; $125,000 shall be	5703
used for the Tri-County Triangle Trail in Ross county; $550,000	5704
shall be used for the Camp Chase Ohio to Erie Trail; and $100,000	5705
shall be used for the Holmes County Park District - Rails to	5706
Trails.	5707

Section 24.02. For the appropriations in Section 24.01 of	5708
this act, the Department of Natural Resources shall periodically	5709
prepare and submit to the Director of Budget and Management the	5710
estimated design, planning, and engineering costs of	5711
capital-related work to be done by the Department of Natural	5712
Resources for each project. Based on the estimates, the Director	5713
of Budget and Management may release appropriations from the	5714
foregoing appropriation item CAP-753, Project Planning, within the	5715
Parks and Recreation Improvement Fund (Fund 035), to pay for	5716
design, planning, and engineering costs incurred by the Department	5717
of Natural Resources for the projects. Upon release of the	5718
appropriations by the Director of Budget and Management, the	5719
Department of Natural Resources shall pay for these expenses from	5720
the Parks Capital Expenses Fund (Fund 227), and be reimbursed by	5721
the Parks and Recreation Improvement Fund (Fund 035) using an	5722
intrastate voucher.	5723

Section 24.03.  The Treasurer of State is hereby authorized	5724
to issue and sell, in accordance with Section 2i of Article VIII,	5725
Ohio Constitution, and Chapter 154. of the Revised Code,	5726
particularly section 154.22 of the Revised Code, original	5727
obligations in an aggregate principal amount not to exceed	5728
$22,000,000, in addition to the original issuance of obligations	5729
heretofore authorized by prior acts of the General Assembly. The	5730
authorized obligations shall be issued, subject to applicable	5731
constitutional and statutory limitations, to pay the costs of	5732
capital facilities for parks and recreation as defined in section	5733
154.01 of the Revised Code.	5734

Section 24.04.  (A) No capital improvement appropriations	5735
made in Section 24.01 of this act shall be released for planning	5736
or for improvement, renovation, or construction or acquisition of	5737
capital facilities if a governmental agency, as defined in section	5738
154.01 of the Revised Code, does not own the real property that	5739
constitutes the capital facilities or on which the capital	5740
facilities are or will be located. This restriction does not apply	5741
in any of the following circumstances:	5742

(1) The governmental agency has a long-term (at least fifteen	5743
years) lease of, or other interest (such as an easement) in, the	5744
real property.	5745

(2) In the case of an appropriation for capital facilities	5746
for parks and recreation that, because of their unique nature or	5747
location, will be owned or be part of facilities owned by a	5748
separate nonprofit organization and made available to the	5749
governmental agency for its use or operated by the nonprofit	5750
organization under contract with the governmental agency, the	5751
nonprofit organization either owns or has a long-term (at least	5752
fifteen years) lease of the real property or other capital	5753
facility to be improved, renovated, constructed, or acquired and	5754
has entered into a joint or cooperative use agreement, approved by	5755
the Department of Natural Resources, with the governmental agency	5756
for that agency's use of and right to use the capital facilities	5757
to be financed and, if applicable, improved, the value of such use	5758
or right to use being, as determined by the parties, reasonably	5759
related to the amount of the appropriation.	5760

(B) In the case of capital facilities referred to in division	5761
(A)(2) of this section, the joint or cooperative use agreement	5762
shall include, as a minimum, provisions that:	5763

(1) Specify the extent and nature of that joint or	5764
cooperative use, extending for not fewer than fifteen years, with	5765
the value of such use or right to use to be, as determined by the	5766
parties and approved by the approving department, reasonably	5767
related to the amount of the appropriation;	5768

(2) Provide for pro rata reimbursement to the state should	5769
the arrangement for joint or cooperative use by a governmental	5770
agency be terminated; and	5771

(3) Provide that procedures to be followed during the capital	5772
improvement process will comply with appropriate applicable state	5773
laws and rules, including provisions of this act.	5774

Section 25.01. All items set forth in this section are hereby	5775
appropriated out of any moneys in the state treasury to the credit	5776
of the State Capital Improvements Fund (Fund 038) that are not	5777
otherwise appropriated.	5778

Appropriations

PWC PUBLIC WORKS COMMISSION

5779

CAP-150		Local Public Infrastructure		$	120,000,000		5780
Total Public Works Commission				$	120,000,000		5781
TOTAL State Capital Improvements Fund				$	120,000,000		5782

The foregoing appropriation item CAP-150, Local Public	5783
Infrastructure, shall be used in accordance with sections 164.01	5784
to 164.12 of the Revised Code. The Director of the Public Works	5785
Commission may certify to the Director of Budget and Management	5786
that a need exists to appropriate investment earnings to be used	5787
in accordance with sections 164.01 to 164.12 of the Revised Code.	5788
If the Director of Budget and Management determines pursuant to	5789
division (D) of section 164.08 and section 164.12 of the Revised	5790
Code that investment earnings are available to support additional	5791
appropriations, such amounts are hereby appropriated.	5792

Section 25.02. The Ohio Public Facilities Commission is	5793
hereby authorized to issue and sell, in accordance with Section 2m	5794
of Article VIII, Ohio Constitution, and sections 151.01, as	5795
amended by this act, and 151.08 of the Revised Code, original	5796
obligations of the state, in an aggregate principal amount not to	5797
exceed $120,000,000, in addition to the original obligations	5798
heretofore authorized by prior acts of the General Assembly. These	5799
authorized obligations shall be issued and sold from time to time	5800
and in amounts necessary to ensure sufficient moneys to the credit	5801
of the State Capital Improvements Fund (Fund 038) to pay costs	5802
charged to that fund, as estimated by the Director of Budget and	5803
Management.	5804

Section 26.01. All items set forth in this section are hereby	5805
appropriated out of any moneys in the state treasury to the credit	5806
of the Clean Ohio Conservation Fund (Fund 056) that are not	5807
otherwise appropriated.	5808

Appropriations

PWC PUBLIC WORKS COMMISSION

5809

CAP-152		Clean Ohio Conservation		$	37,500,000		5810
Total Public Works Commission				$	37,500,000		5811
TOTAL Clean Ohio Conservation Fund				$	37,500,000		5812

The foregoing appropriation item CAP-152, Clean Ohio	5813
Conservation, shall be used in accordance with sections 164.20 to	5814
164.27 of the Revised Code. If the Public Works Commission	5815
receives refunds due to project overpayments that are discovered	5816
during the post-project audit, the Director of the Public Works	5817
Commission may certify to the Director of Budget and Management	5818
that refunds have been received. If the Director of Budget and	5819
Management determines that project refunds are available to	5820
support additional appropriations, such amounts are hereby	5821
appropriated.	5822

Section 26.02. The Ohio Public Facilities Commission is	5823
hereby authorized to issue and sell, in accordance with Section 2o	5824
of Article VIII, Ohio Constitution, and sections 151.01 and 151.09	5825
of the Revised Code, original obligations in an aggregate	5826
principal amount not to exceed $50,000,000, in addition to the	5827
original issuance of obligations heretofore authorized by prior	5828
acts of the General Assembly. These authorized obligations shall	5829
be issued, subject to applicable constitutional and statutory	5830
limitations, as needed to ensure sufficient moneys to the credit	5831
of the Clean Ohio Conservation Fund (Fund 056), the Clean Ohio	5832
Agricultural Easement Fund (Fund 057), and the Clean Ohio Trail	5833
Fund (Fund 061) to pay costs of conservation projects as defined	5834
in sections 151.01 and 151.09 of the Revised Code.	5835

Section 26.03. All items set forth in this section are hereby	5836
appropriated out of any moneys in the state treasury to the credit	5837
of the Clean Ohio Agricultural Easement Fund (Fund 057) that are	5838
not otherwise appropriated.	5839

Appropriations

AGR DEPARTMENT OF AGRICULTURE

5840

CAP-047		Clean Ohio Agricultural Easement		$	6,250,000		5841
Total Department of Agriculture				$	6,250,000		5842
TOTAL Clean Ohio Agricultural Easement Fund				$	6,250,000		5843

Section 26.04. All items set forth in this section are hereby	5845
appropriated out of any moneys in the state treasury to the credit	5846
of the Clean Ohio Trail Fund (Fund 061), that are not otherwise	5847
appropriated.	5848

Appropriations

DNR DEPARTMENT OF NATURAL RESOURCES

5849

CAP-014		Clean Ohio Trail		$	6,250,000		5850
Total Department of Natural Resources				$	6,250,000		5851
TOTAL Clean Ohio Trail Fund				$	6,250,000		5852

Section 27.01.  CERTIFICATION OF RENTAL PAYMENTS

5854

Each request for release of appropriations for any and all	5855
capital improvements and capital facilities for which	5856
appropriations are made in this act from the proceeds of	5857
obligations in the Administrative Building Fund (Fund 026), the	5858
Adult Correctional Building Fund (Fund 027), the Juvenile	5859
Correctional Building Fund (Fund 028), the Cultural and Sports	5860
Facilities Building Fund (Fund 030), the Natural Resources	5861
Projects Fund (Fund 031), the School Building Program Assistance	5862
Fund (Fund 032), the Mental Health Facilities Improvement Fund	5863
(Fund 033), the Higher Education Improvement Fund (Fund 034), and	5864
the Parks and Recreation Improvements Fund (Fund 035) shall have	5865
the certification of the Director of Budget and Management that	5866
sufficient General Revenue Fund moneys are appropriated for and	5867
will be available for rental payments to the Ohio Public	5868
Facilities Commission, the Treasurer of State, and the Ohio	5869
Building Authority in the then-current fiscal biennium relating to	5870
obligations or portions of obligations issued or to be issued in	5871
that fiscal biennium to fund, in the then-current fiscal biennium,	5872
anticipated expenditures from these funds associated with the	5873
request.	5874

Section 27.02. HIGHWAY SAFETY FUND CERTIFICATION OF RENTAL	5875
PAYMENTS	5876

No money shall be encumbered for any capital improvements and	5877
capital facilities for which appropriations are made in excess of	5878
the cash balances from the proceeds of obligations in the Highway	5879
Safety Building Fund (Fund 025) unless the Director of Budget and	5880
Management certifies that sufficient Highway Safety Fund moneys	5881
are appropriated and available for rental payments to the Ohio	5882
Building Authority for debt service payments by the state in the	5883
then-current fiscal biennium relating to obligations or portions	5884
of obligations issued or to be issued in that fiscal biennium to	5885
fund, in the then-current fiscal biennium, anticipated	5886
expenditures from these funds associated with related	5887
encumbrances.	5888

Section 28.01. CERTIFICATION OF AVAILABILITY OF MONEYS

5889

No moneys that require release may be expended from any	5890
appropriation contained in this act without certification of the	5891
Director of Budget and Management that there are sufficient moneys	5892
in the state treasury in the fund from which the appropriation is	5893
made. Such certification shall be based on estimates of revenue,	5894
receipts, and expenses. Nothing herein shall be construed as a	5895
limitation on the authority of the Director of Budget and	5896
Management under section 126.07 of the Revised Code.	5897

Section 28.02. LIMITATIONS ON CAPITAL APPROPRIATIONS

5898

The appropriations made in this act excluding those made to	5899
the State Capital Improvement Fund (Fund 038) and the State	5900
Capital Improvements Revolving Loan Fund (Fund 040) for buildings	5901
or structures, including remodeling and renovations, are limited	5902
to:	5903

(A) Acquisition of real property or interest in real	5904
property;	5905

(B) Buildings and structures, which includes construction,	5906
demolition, lighting and lighting fixtures, and all necessary	5907
utilities, heating and ventilating, plumbing, sprinkling, and	5908
sewer systems, when such systems are authorized or necessary;	5909

(C) Architectural, engineering, and professional services	5910
expenses directly related to the projects;	5911

(D) Machinery that is a part of buildings and structures at	5912
the time of initial acquisition or construction;	5913

(E) Acquisition, development, and deployment of new computer	5914
systems, including the redevelopment or integration of existing	5915
and new computer systems, but excluding regular or ongoing	5916
maintenance or support agreements;	5917

(F) Equipment that meets all the following criteria:

5918

(1) The equipment is essential in bringing the facility up to	5919
its intended use.	5920

(2) The unit cost of the equipment, and not the individual	5921
parts of a unit, is approximately $100 or more.	5922

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

5923

(4) The equipment is necessary for the functioning of the	5924
particular facility or project.	5925

No equipment shall be paid for from these appropriations that	5926
is not an integral part of or directly related to the basic	5927
purpose or function of a facility or project for which moneys are	5928
appropriated. This does not apply to line items for equipment.	5929

Section 28.03. CONTINGENCY RESERVE REQUIREMENT

5930

Any request for release of capital appropriations by the	5931
Director of Budget and Management or the Controlling Board of	5932
capital appropriations for projects, the contracts for which are	5933
awarded by the Department of Administrative Services, shall	5934
contain a contingency reserve, the amount of which shall be	5935
determined by the Department of Administrative Services, for	5936
payment of unanticipated project expenses. Any amount deducted	5937
from the encumbrance for a contractor's contract as an assessment	5938
for liquidated damages shall be added to the encumbrance for the	5939
contingency reserve. Contingency reserve funds shall be used to	5940
pay costs resulting from unanticipated job conditions, to comply	5941
with rulings regarding building and other codes, to pay costs	5942
related to errors or omissions in contract documents, to pay costs	5943
associated with changes in the scope of work, and to pay the cost	5944
of settlements and judgments related to the project.	5945

Any funds remaining upon completion of a project may, upon	5946
approval of the Controlling Board, be released for the use of the	5947
institution to which the appropriation was made for other capital	5948
facilities projects.	5949

Section 28.04. AGENCY ADMINISTRATION OF CAPITAL FACILITIES	5950
PROJECTS	5951

Notwithstanding sections 123.01 and 123.15 of the Revised	5952
Code, the Director of Administrative Services may authorize the	5953
Departments of Mental Health, Mental Retardation and Developmental	5954
Disabilities, Alcohol and Drug Addiction Services, Agriculture,	5955
Job and Family Services, Rehabilitation and Correction, Youth	5956
Services, Public Safety and Transportation, the Ohio Veterans'	5957
Home, and the Rehabilitation Services Commission to administer any	5958
capital facilities projects the estimated cost of which, including	5959
design fees, construction, equipment, and contingency amounts, is	5960
less than $1,500,000. Requests for authorization to administer	5961
capital facilities projects shall be made in writing to the	5962
Director of Administrative Services by the applicable state agency	5963
within sixty days after the effective date of the act in which the	5964
General Assembly initially makes an appropriation for the project.	5965
Upon the release of funds for such projects by the Controlling	5966
Board or the Director of Budget and Management, the agency may	5967
administer the capital project or projects for which agency	5968
administration has been authorized without the supervision,	5969
control, or approval of the Director of Administrative Services.	5970

The state agency authorized by the Director of Administrative	5971
Services to administer capital facilities projects pursuant to	5972
this section shall comply with the applicable procedures and	5973
guidelines established in Chapter 153. of the Revised Code.	5974

Section 28.05.  SATISFACTION OF JUDGMENTS AND SETTLEMENTS	5975
AGAINST THE STATE	5976

Except as otherwise provided in this section, an	5977
appropriation in this act or any other act may be used for the	5978
purpose of satisfying judgments, settlements, or administrative	5979
awards ordered or approved by the Court of Claims or by any other	5980
court of competent jurisdiction in connection with civil actions	5981
against the state. This authorization does not apply to	5982
appropriations to be applied to or used for payment of guarantees	5983
by or on behalf of the state, or for payments under lease	5984
agreements relating to or debt service on bonds, notes, or other	5985
obligations of the state. Notwithstanding any other section of law	5986
to the contrary, this authorization includes appropriations from	5987
funds into which proceeds or direct obligations of the state are	5988
deposited only to the extent that the judgment, settlement, or	5989
administrative award is for or represents capital costs for which	5990
the appropriation may otherwise be used and is consistent with the	5991
purpose for which any related obligations were issued or entered	5992
into. Nothing contained in this section is intended to subject the	5993
state to suit in any forum in which it is not otherwise subject to	5994
suit, and it is not intended to waive or compromise any defense or	5995
right available to the state in any suit against it.	5996

Section 28.06. CAPITAL RELEASES BY THE DIRECTOR OF BUDGET AND	5997
MANAGEMENT	5998

Notwithstanding section 126.14 of the Revised Code,	5999
appropriations for appropriation items CAP-002, Local Jails, and	6000
CAP-003, Community-Based Correctional Facilities, appropriated	6001
from the Adult Correctional Building Fund (Fund 027) to the	6002
Department of Rehabilitation and Correction shall be released upon	6003
the written approval of the Director of Budget and Management. The	6004
appropriations from the Public School Building Fund (Fund 021) and	6005
the School Building Program Assistance Fund (Fund 032) to the	6006
School Facilities Commission, from the Clean Ohio Conservation	6007
Fund (Fund 056), the State Capital Improvement Fund (Fund 038),	6008
and the State Capital Improvements Revolving Loan Fund (Fund 040)	6009
to the Public Works Commission, shall be released upon	6010
presentation of a request to release the funds, by the agency to	6011
which the appropriation has been made, to the Director of Budget	6012
and Management.	6013

Section 28.07. PREVAILING WAGE REQUIREMENT

6014

Except as provided in section 4115.04 of the Revised Code, no	6015
moneys appropriated or reappropriated by the 126th General	6016
Assembly shall be used for the construction of public	6017
improvements, as defined in section 4115.03 of the Revised Code,	6018
unless the mechanics, laborers, or workers engaged therein are	6019
paid the prevailing rate of wages as prescribed in section 4115.04	6020
of the Revised Code. Nothing in this section shall affect the	6021
wages and salaries established for state employees under the	6022
provisions of Chapter 124. of the Revised Code, or collective	6023
bargaining agreements entered into by the state pursuant to	6024
Chapter 4117. of the Revised Code, while engaged on force account	6025
work, nor shall this section interfere with the use of inmate and	6026
patient labor by the state.	6027

Section 28.08.  CAPITAL FACILITIES LEASES

6028

Capital facilities for which appropriations are made from the	6029
Administrative Building Fund (Fund 026), the Adult Correctional	6030
Building Fund (Fund 027), and the Juvenile Correctional Building	6031
Fund (Fund 028) may be leased by the Ohio Building Authority to	6032
the Departments of Youth Services, Administrative Services, or	6033
Rehabilitation and Correction. Other agreements may be made by the	6034
Ohio Building Authority and those departments with respect to the	6035
use or purchase of such capital facilities. Subject to the	6036
approval of the director of the department or the commission, the	6037
Ohio Building Authority may lease such capital facilities to, and	6038
make other agreements with respect to their use or purchase with,	6039
any governmental agency or nonprofit corporation having authority	6040
under law to own, lease, or operate such capital facilities. The	6041
department or the commission may sublease such capital facilities	6042
to, and make other agreements with respect to their use or	6043
purchase with, any such governmental agency or nonprofit	6044
corporation, which may include provisions for transmittal of	6045
receipts of that agency or nonprofit corporation of any charges	6046
for the use of such facilities, all upon such terms and conditions	6047
as the parties may agree upon and any other provision of law	6048
affecting the leasing, acquisition, or disposition of capital	6049
facilities by such parties.	6050

Section 28.09. APPROVAL OF EXPENDITURES BY THE DIRECTOR OF	6051
BUDGET AND MANAGEMENT	6052

The Director of Budget and Management shall review the	6053
initial release of moneys for projects from the funds into which	6054
proceeds of direct obligations of the state are deposited, and	6055
authorize the expenditure or encumbrance of moneys from those	6056
funds only after determining to the director's satisfaction that	6057
either of the following apply:	6058

(A) The application of such moneys to the particular project	6059
will not negatively affect any exemption or exclusion from federal	6060
income tax of the interest or interest equivalent on obligations,	6061
issued to provide moneys to the particular fund.	6062

(B) Moneys for the project will come from the proceeds of	6063
obligations, the interest on which is not so excluded or exempt	6064
and which have been authorized as "taxable obligations" by the	6065
issuing authority.	6066

The director shall report any nonrelease of moneys pursuant	6067
to this section to the Governor, the presiding officer of each	6068
house of the General Assembly, and the agency for the use of which	6069
the project is intended.	6070

Section 28.10.  SCHOOL FACILITIES ENCUMBRANCES AND	6071
REAPPROPRIATION	6072

At the request of the Executive Director of the Ohio School	6073
Facilities Commission, the Director of Budget and Management may	6074
cancel encumbrances for school district projects from a previous	6075
biennium if the district has not raised its local share of project	6076
costs within one year of receiving Controlling Board approval in	6077
accordance with section 3318.05 of the Revised Code. The Executive	6078
Director of the Ohio School Facilities Commission shall certify	6079
the amounts of these canceled encumbrances to the Director of	6080
Budget and Management on a quarterly basis. The amounts of the	6081
canceled encumbrances are hereby appropriated.	6082

Section 28.11. OHIO EDUCATIONAL TELECOMMUNICATIONS NETWORK	6083
COMMISSION REAPPROPRIATION	6084

The Director of Ohio Educational Telecommunications Network	6085
Commission shall certify and receive approval from the Director of	6086
the Office of Budget and Management an amount necessary to	6087
complete the Ohio Educational Telecommunications Network	6088
Commission's previously approved and funded projects. This amount	6089
is hereby appropriated to CAP-001, Educational TV & Radio	6090
Equipment.	6091

Section 28.12. CERTIFICATE OF NEED REQUIREMENT

6092

No appropriation for a health care facility authorized under	6093
this act may be released until the requirements of sections	6094
3702.51 to 3702.68 of the Revised Code have been met.	6095

Section 28.13. DISTRIBUTION OF PROCEEDS FROM ASBESTOS	6096
ABATEMENT LITIGATION	6097

All proceeds received by the state as a result of litigation,	6098
judgments, settlements, or claims, filed by or on behalf of any	6099
state agency as defined by section 1.60 of the Revised Code or	6100
state-supported or state-assisted institution of higher education,	6101
for damages or costs resulting from the use, removal, or hazard	6102
abatement of asbestos materials shall be deposited in the Asbestos	6103
Abatement Distribution Fund (Fund 674). All funds deposited into	6104
the Asbestos Abatement Distribution Fund are hereby appropriated	6105
to the Attorney General. To the extent practicable, the proceeds	6106
placed in the Asbestos Abatement Distribution Fund shall be	6107
divided among the state agencies and state-supported or	6108
state-assisted institutions of higher education in accordance with	6109
the general provisions of the litigation regarding the percentage	6110
of recovery. Distribution of the proceeds to each state agency or	6111
state-supported or state-assisted institution of higher education	6112
shall be made in accordance with the Asbestos Abatement	6113
Distribution Plan to be developed by the Attorney General, the	6114
General Services Division within the Department of Administrative	6115
Services, and the Office of Budget and Management.	6116

In those circumstances where asbestos litigation proceeds are	6117
for reimbursement of expenditures made with funds outside the	6118
state treasury or damages to buildings not constructed with state	6119
appropriations, direct payments shall be made to the affected	6120
institutions of higher education. Any proceeds received for	6121
reimbursement of expenditures made with funds within the state	6122
treasury or damages to buildings occupied by state agencies shall	6123
be distributed to the affected agencies with an intrastate	6124
transfer voucher to the funds identified in the Asbestos Abatement	6125
Distribution Plan.	6126

Such proceeds shall be used for additional asbestos abatement	6127
or encapsulation projects, or for other capital improvements,	6128
except that proceeds distributed to the General Revenue Fund and	6129
other funds that are not bond improvement funds may be used for	6130
any purpose. The Controlling Board may, for bond improvement	6131
funds, create appropriation items or increase appropriation	6132
authority in existing appropriation items equaling the amount of	6133
such proceeds. Such amounts approved by the Controlling Board are	6134
hereby appropriated. Such proceeds deposited in bond improvement	6135
funds shall not be expended until released by the Controlling	6136
Board, which shall require certification by the Director of Budget	6137
and Management that such proceeds are sufficient and available to	6138
fund the additional anticipated expenditures.	6139

Section 29.01. OBLIGATIONS ISSUED UNDER ORC CHAPTER 151.

6140

The capital improvements for which appropriations are made in	6141
this act from the Ohio Parks and Natural Resources Fund (Fund	6142
031), the School Building Program Assistance Fund (Fund 032), the	6143
Higher Education Improvement Fund (Fund 034), the State Capital	6144
Improvements Fund (Fund 038), the Clean Ohio Conservation Fund	6145
(Fund 056), the Clean Ohio Agricultural Easement Fund (Fund 057),	6146
and the Clean Ohio Trail Fund (Fund 061) are determined to be	6147
capital improvements and capital facilities for natural resources,	6148
a statewide system of common schools, state-supported and	6149
state-assisted institutions of higher education, local subdivision	6150
capital improvement projects, and conservation purposes (under the	6151
Clean Ohio program) and are designated as capital facilities to	6152
which proceeds of obligations issued under Chapter 151. of the	6153
Revised Code are to be applied.	6154

Section 29.02.  OBLIGATIONS ISSUED UNDER ORC CHAPTER 152.

6155

The capital improvements for which appropriations are made in	6156
this act from the Highway Safety Building Fund (Fund 025), the	6157
Administrative Building Fund (Fund 026), the Adult Correctional	6158
Building Fund (Fund 027), and the Juvenile Correctional Building	6159
Fund (Fund 028) are determined to be capital improvements and	6160
capital facilities for housing state agencies and branches of	6161
state government and their functions and are designated as capital	6162
facilities to which proceeds of obligations issued under Chapter	6163
152. of the Revised Code are to be applied.	6164

The owners or holders of obligations issued under Chapter	6165
152. of the Revised Code have no right to have excises or taxes	6166
levied by the General Assembly for the payment of interest or	6167
principal thereon.	6168

Section 29.03.  OBLIGATIONS ISSUED UNDER ORC CHAPTER 154.

6169

The capital improvements for which appropriations are made in	6170
this act from the Cultural and Sports Facilities Building Fund	6171
(Fund 030), the Mental Health Facilities Improvement Fund (Fund	6172
033), and the Parks and Recreation Improvement Fund (Fund 035) are	6173
determined to be capital improvements and capital facilities for	6174
housing state agencies and branches of government, mental hygiene	6175
and retardation, and parks and recreation and are designated as	6176
capital facilities to which proceeds of obligations issued under	6177
Chapter 154. of the Revised Code are to be applied.	6178

The owners or holders of obligations issued under Chapter	6179
154. of the Revised Code have no right to have excises or taxes	6180
levied by the General Assembly for the payment of principal or	6181
interest thereon.	6182

Section 30.01.  TRANSFER OF OPEN ENCUMBRANCES

6183

Upon the request of the agency to which a capital project	6184
appropriation item is appropriated, the Director of Budget and	6185
Management may transfer open encumbrance amounts between separate	6186
encumbrances for the project appropriation item to the extent that	6187
any reductions in encumbrances are agreed to by the contracting	6188
vendor and the agency.	6189

Section 31.01.  LITIGATION PROCEEDS TO THE ADMINISTRATIVE	6190
BUILDING FUND	6191

Any proceeds received by the State of Ohio as the result of	6192
litigation or a settlement agreement related to any liability for	6193
the planning, design, engineering, construction, or construction	6194
management of such facilities operated by the Department of	6195
Administrative Services shall be deposited into the Administrative	6196
Building Fund (Fund 026).	6197

Section 32.01. COAL RESEARCH AND DEVELOPMENT BONDS

6198

The Ohio Public Facilities Commission, upon the request of	6199
the Director of the Ohio Coal Development Office with the advice	6200
of the Technical Advisory Committee created in section 1551.35 of	6201
the Revised Code and the approval of the Director of the Air	6202
Quality Development Authority, is hereby authorized to issue and	6203
sell, in accordance with Section 15 of Article VIII, Ohio	6204
Constitution, and Chapter 151., and particularly sections 151.01	6205
and 151.07 and other applicable sections of the Revised Code,	6206
bonds or other obligations of the State of Ohio heretofore	6207
authorized by prior acts of the General Assembly. The obligations	6208
shall be issued, subject to applicable constitutional and	6209
statutory limitations, to provide sufficient moneys to the credit	6210
of the Coal Research and Development Fund created in section	6211
1555.15 of the Revised Code to pay costs charged to such fund when	6212
due as estimated by the Director of the Ohio Coal Development	6213
Office.	6214

Section 33.01. OHIO ADMINISTRATIVE KNOWLEDGE SYSTEM PROJECT

6215

The Ohio Administrative Knowledge System (OAKS) will be an	6216
enterprise resource planning system that will replace the state's	6217
central services infrastructure systems, including the Central	6218
Accounting System, the Human Resources/Payroll System, the Capital	6219
Improvements Projects Tracking System, the Fixed Assets Management	6220
System, and the Procurement System. The Department of	6221
Administrative Services, in conjunction with the Office of Budget	6222
and Management, may acquire the system, including, but not limited	6223
to, the enterprise resource planning software and installation and	6224
implementation thereof pursuant to Chapter 125. of the Revised	6225
Code. Any lease-purchase arrangement utilized under Chapter 125.	6226
of the Revised Code, including any fractionalized interest herein	6227
as defined in division (N) of section 133.01 of the Revised Code,	6228
shall provide at the end of the lease period that OAKS shall	6229
become the property of the state.	6230

Section 34.01. PUBLIC ASSISTANCE RECONCILIATION FUND

6231

There is hereby created in the state treasury the Public	6232
Assistance Reconciliation Fund (Fund 5AX). The fund, a state	6233
special revenue fund, shall be used by the Department of Job and	6234
Family Services to reimburse Ohio's federal TANF block grant	6235
according to the process agreed to by the department and the	6236
federal government. If both the Director of Job and Family	6237
Services and the Director of Budget and Management determine that	6238
sufficient cash is available in the fund, the fund also may be	6239
used to provide cash in fiscal year 2005 for income maintenance to	6240
the counties. Notwithstanding any state law restrictions to the	6241
contrary, the Director of Budget and Management may, at the	6242
request of the Director of Job and Family Services, transfer cash	6243
either into or out of the Public Assistance Reconciliation Fund to	6244
or from any other fund appropriated to the department. The amounts	6245
are hereby appropriated and the Director of Budget and Management	6246
shall establish a new appropriation item for the appropriation.	6247

Notwithstanding Section 145 of Am. Sub. H.B. 95 of the 125th	6248
General Assembly as amended by Section 64 of Am. Sub. S.B. 189 of	6249
the 125th General Assembly, the Director of Budget and Management	6250
may, at the request of the Director of Job and Family Services,	6251
transfer up to $76,500,000 from the Federal Fiscal Relief Fund	6252
(Fund 5Y9) to the Public Assistance Reconciliation Fund (Fund	6253
5AX). Such amounts are hereby appropriated. Any federal funds	6254
reimbursed to the Department as a result of this transfer shall be	6255
deposited to the Federal Fiscal Relief Fund.	6256

Notwithstanding Section 2 of Am. Sub. S.B. 170 of the 124th	6257
General Assembly, the Director of Budget and Management may, at	6258
the request of the Director of Job and Family Services, transfer	6259
cash from the Child Support Special Payment Fund (Fund 5T2) to the	6260
Public Assistance Reconciliation Fund (Fund 5AX). The amounts	6261
shall not exceed the cash balance in the fund and are hereby	6262
appropriated.	6263

This section is not subject to the referendum. Therefore,	6264
under Ohio Constitution, Article II, Section 1d and section 1.471	6265
of the Revised Code, this section goes into immediate effect when	6266
this act becomes law.	6267

Section 35.01.  Sections 3.01 to 32.01 of this act shall	6268
remain in full force and effect commencing on July 1, 2004, and	6269
terminating on June 30, 2006, for the purpose of drawing money	6270
from the state treasury in payment of liabilities lawfully	6271
incurred hereunder, and on June 30, 2006, and not before, the	6272
moneys hereby appropriated shall lapse into the funds from which	6273
they are severally appropriated. Because if, under Section 1c of	6274
Article II, Ohio Constitution, Sections 3.01 to 32.01 of this act	6275
do not take effect until after July 1, 2004, Sections 3.01 to	6276
32.01 of this act shall be and remain in full force and effect	6277
commencing on that later effective date.	6278

Section 36.01. That Sections 18.02, 18.16, 22, 26.10, 26.14,	6279
26.19, 26.48, and 27 of Am. Sub. S.B. 189 of the 125th General	6280
Assembly be amended to read as follows:	6281

Sec. 18.02.  DAS DEPARTMENT OF ADMINISTRATIVE SERVICES

6282

CAP-773		Governor's Residence Renovations		$	4,705		6283
CAP-809		Hazardous Substance Abatement		$	1,688,120		6284
CAP-811		Health/EPA Laboratory Facilities		$	20,840,003		6285
CAP-813		Heer Building Renovation		$	1,500,000		6286
CAP-822		Americans with Disabilities Act		$	1,535,675		6287
CAP-826		Office Services Building Renovation		$	1,250,000		6288
CAP-827		Statewide Communications System		$	72,787,285		6289
CAP-834		Capital Improvements Tracking System		$	407,600		6290
CAP-835		Energy Conservation Projects		$	1,817,260		6291
CAP-837		Major Computer Purchases		$	1,824,884		6292
CAP-838		SOCC Renovations		$	2,148,691		6293
CAP-844		Hamilton State/Local Government Center - Planning		$	57,500		6294
CAP-848		ODOT Building Boiler Replacement		$	155,981		6295
CAP-849		Facility Planning and Development		$	4,445,184		6296
CAP-850		Education Building Renovations		$	308,482		6297
CAP-852		North High Building Complex Renovations		$	2,689,102		6298
CAP-855		Office Space Planning		$	70,300		6299
CAP-859		eSecure Ohio		$	2,500,000		6300
CAP-860		Structured Cabling		$	397,155		6301
CAP-864		eGovernment Infrastructure		$	1,047,000		6302
CAP-865		DAS Building Security		$	78,100		6303
CAP-867		Lausche Building Connector		$	963,200		6304
CAP-868		Riversouth Development		$	9,000,000		6305
Total Department of Administrative Services				$	118,516,627 127,516,627		6306

HAZARDOUS SUBSTANCE ABATEMENT IN STATE FACILITIES

6307

The foregoing appropriation item CAP-809, Hazardous Substance	6308
Abatement, shall be used to fund the removal of asbestos, PCB,	6309
radon gas, and other contamination hazards from state facilities.	6310

Prior to the release of funds for asbestos abatement, the	6311
Department of Administrative Services shall review proposals from	6312
state agencies to use these funds for asbestos abatement projects	6313
based on criteria developed by the Department of Administrative	6314
Services. Upon a determination by the Department of Administrative	6315
Services that the requesting agency cannot fund the asbestos	6316
abatement project or other toxic materials removal through	6317
existing capital and operating appropriations, the department may	6318
request the release of funds for such projects by the Controlling	6319
Board. State agencies intending to fund asbestos abatement or	6320
other toxic materials removal through existing capital and	6321
operating appropriations shall notify the Director of	6322
Administrative Services of the nature and scope prior to	6323
commencing the project.	6324

Only agencies that have received appropriations for capital	6325
projects from the Administrative Building Fund (Fund 026) are	6326
eligible to receive funding from this item. Public school	6327
districts are not eligible.	6328

IMPLEMENTATION OF AMERICANS WITH DISABILITIES ACT

6329

The foregoing appropriation item CAP-822, Americans with	6330
Disabilities Act, shall be used to renovate state-owned facilities	6331
to provide access for physically disabled persons in accordance	6332
with Title II of the Americans with Disabilities Act.	6333

Prior to the release of funds for renovation, state agencies	6334
shall perform self-evaluations of state-owned facilities	6335
identifying barriers to access to service. State agencies shall	6336
prioritize access barriers and develop a transition plan for the	6337
removal of these barriers. The Department of Administrative	6338
Services shall review proposals from state agencies to use these	6339
funds for Americans with Disabilities Act renovations.	6340

Only agencies that have received appropriations for capital	6341
projects from the Administrative Building Fund (Fund 026) are	6342
eligible to receive funding from this item. Public school	6343
districts are not eligible.	6344

MARCS STEERING COMMITTEE AND STATEWIDE COMMUNICATIONS SYSTEM

6345

There is hereby continued a Multi-Agency Radio Communications	6346
System (MARCS) Steering Committee consisting of the designees of	6347
the Directors of Administrative Services, Public Safety, Natural	6348
Resources, Transportation, Rehabilitation and Correction, and	6349
Budget and Management. The Director of Administrative Services or	6350
the director's designee shall chair the committee. The committee	6351
shall provide assistance to the Director of Administrative	6352
Services for effective and efficient implementation of the MARCS	6353
system as well as develop policies for the ongoing management of	6354
the system. Upon dates prescribed by the Directors of	6355
Administrative Services and Budget and Management, the MARCS	6356
Steering Committee shall report to the directors on the progress	6357
of MARCS implementation and the development of policies related to	6358
the system.	6359

The foregoing appropriation item CAP-827, Statewide	6360
Communications System, shall be used to purchase or construct the	6361
components of MARCS that are not specific to any one agency. The	6362
equipment may include, but is not limited to, multi-agency	6363
equipment at the Emergency Operations Center/Joint Dispatch	6364
Facility, computer and telecommunication equipment used for the	6365
functioning and integration of the system, communications towers,	6366
tower sites, tower equipment, and linkages among towers and	6367
between towers and the State of Ohio Network for Integrated	6368
Communication (SONIC) system. The Director of Administrative	6369
Services shall, with the concurrence of the MARCS Steering	6370
Committee, determine the specific use of funds.	6371

Spending from this appropriation item shall not be subject to	6372
Chapters 123. and 153. of the Revised Code.	6373

ENERGY CONSERVATION PROJECTS

6374

The foregoing appropriation item CAP-835, Energy Conservation	6375
Projects, shall be used to perform energy conservation	6376
renovations, including the United States Environmental Protection	6377
Agency's Energy Star Program, in state-owned facilities. Prior to	6378
the release of funds for renovation, state agencies shall have	6379
performed a comprehensive energy audit for each project. The	6380
Department of Administrative Services shall review and approve	6381
proposals from state agencies to use these funds for energy	6382
conservation. Public school districts and state-supported and	6383
state-assisted institutions of higher education are not eligible	6384
for funding from this item.	6385

RIVERSOUTH DEVELOPMENT

6386

The amount reappropriated for the foregoing appropriation	6387
item CAP-868, Riversouth Development, is $9,000,000.	6388

Sec. 18.16. SOS SECRETARY OF STATE

6389

CAP-002		Voting Machines		$	5,800,000		6390
Total Secretary of State				$	5,800,000		6391
TOTAL Administrative Building Fund				$	163,084,591 172,084,591		6392

VOTING MACHINES

6393

The foregoing appropriation item CAP-002, Voting Machines,	6394
shall be used to purchase upgraded voting equipment. Appropriation	6395
item CAP-002, Voting Machines, shall match federal funds provided	6396
through the Help America Vote Act of 2002.	6397

Sec. 22. All items set forth in this section are hereby	6398
appropriated out of any moneys in the state treasury to the credit	6399
of the ArtsCultural and Sports Facilities Building Fund (Fund	6400
030) that are not otherwise appropriated:	6401

Reappropriations

AFC ARTS AND SPORTS CULTURAL FACILITIES COMMISSION

6402

CAP-003		Center of Science and Industry - Toledo		$	12,268		6403
CAP-004		Valentine Theatre		$	1,111		6404
CAP-005		Center of Science and Industry - Columbus		$	181,636		6405
CAP-010		Sandusky State Theatre Improvements		$	1,000,000		6406
CAP-017		Zion Center of the National Afro-American Museum		$	488,232		6407
CAP-021		Ohio Historical Center - Archives and Library Shelving		$	2,395		6408
CAP-033		Woodward Opera House Renovation		$	1,050,000		6409
CAP-037		Canton Palace Theatre Renovations		$	1,066,126		6410
CAP-038		Center Exhibit Replacement		$	750,000		6411
CAP-041		Cleveland Playhouse		$	500,000		6412
CAP-042		Statewide Site Exhibit/Renovation & Construction		$	625,000		6413
CAP-043		Statewide Site Repairs		$	454,000		6414
CAP-046		Cincinnati Museum Center Improvements		$	500,000		6415
CAP-052		Akron Art Museum		$	6,634,666		6416
CAP-053		Powers Auditorium Improvements		$	200,000		6417
CAP-055		Waco Museum & Aviation Learning Center		$	500,000		6418
CAP-057		Comprehensive Master Plan		$	180,000		6419
CAP-058		Cedar Bog Nature Preserve Education Center		$	766,200		6420
CAP-061		Statewide Arts Facilities Planning		$	35,931		6421
CAP-063		Robins Theatre Renovations		$	1,000,000		6422
CAP-064		Bramley Historic House		$	75,000		6423
CAP-066		Delaware County Cultural Arts Center		$	40,000		6424
CAP-068		Perry County Historical Society		$	100,000		6425
CAP-069		Cleveland Institute of Art		$	750,000		6426
CAP-071		Cleveland Institute of Music		$	750,000		6427
CAP-072		West Side Arts Consortium		$	138,000		6428
CAP-074		Stan Hywet Hall & Gardens		$	250,000		6429
CAP-075		McKinley Museum Improvements		$	125,000		6430
CAP-076		Spring Hill Historic Home		$	125,000		6431
CAP-077		Western Reserve Ballet Improvements		$	100,000		6432
CAP-078		Midland Theatre		$	175,000		6433
CAP-079		Lorain Palace Civic Theatre		$	200,000		6434
CAP-080		Great Lakes Historical Society		$	150,000		6435
CAP-734		Hayes Presidential Center		$	75,000		6436
CAP-745		Historic Sites and Museums		$	750,000		6437
CAP-753		Buffington Island State Memorial		$	91,500		6438
CAP-770		Serpent Mound State Memorial		$	295,000		6439
CAP-784		Ohio Historical Center Rehabilitation		$	673,700		6440
CAP-786		Piqua/Ft Picakawillany Acquisition and Improvements		$	136,000		6441
CAP-789		Neil Armstrong Air and Space Museum Improvements		$	103,516		6442
CAP-791		Harrison Tomb and Site Renovations		$	149,500		6443
CAP-796		Moundbuilders State Memorial		$	530,000		6444
CAP-806		Grant Boyhood Home Improvements		$	68,333		6445
CAP-809		Cincinnati Ballet Facility Improvements		$	450,000		6446
CAP-810		Toledo Museum of Art Improvements		$	2,000,000		6447
CAP-814		Crawford Museum of Transportation & Industry		$	2,500,000		6448
CAP-820		Historical Center Ohio Village Buildings		$	502,000		6449
CAP-821		Lorain County Historical Society		$	300,000		6450
CAP-822		Madison County Historic Schoolhouse		$	40,000		6451
CAP-823		Marion Palace Theatre		$	825,000		6452
CAP-824		McConnellsville Opera House		$	75,000		6453
CAP-825		Secrest Auditorium		$	75,000		6454
CAP-826		Renaissance Theatre		$	50,000		6455
CAP-827		Trumpet in the Land		$	100,000		6456
CAP-828		Becky Thatcher Showboat		$	30,000		6457
CAP-829		Mid Ohio Valley Players		$	50,000		6458
CAP-830		The Anchorage		$	50,000		6459
CAP-831		Wayne County Historical Society		$	300,000		6460
CAP-833		Promont House Museum		$	200,000		6461
CAP-836		Fairfield Outdoor Theatre		$	100,000		6462
CAP-837		Lake County Historical Society		$	250,000		6463
CAP-839		Hancock Historical Society		$	75,000		6464
CAP-840		Riversouth Development		$	10,000,000		6465
					1,000,000		6466
CAP-841		Ft. Piqua Hotel		$	200,000		6467
CAP-843		Marina District/Ice Arena Development		$	4,000,000		6468
Total Arts and Sports Cultural Facilities Commission				$	43,970,114 34,470,114		6469
TOTAL Arts CULTURAL and Sports Facilities Building Fund				$	43,970,114 34,470,114		6470

COSI COLUMBUS - LOCAL ADMINISTRATION OF CAPITAL PROJECT	6471
CONTRACTS	6472

Notwithstanding division (A) of section 3383.07 of the	6473
Revised Code, the Ohio Arts and SportsCultural Facilities	6474
Commission, with respect to the foregoing appropriation item	6475
CAP-005, Center of Science and Industry - Columbus, may administer	6476
all or part of capital facilities project contracts involving	6477
exhibit fabrication and installation as determined by the	6478
Department of Administrative Services, the Center of Science and	6479
Industry - Columbus, and the Ohio Arts and SportsCultural	6480
Facilities Commission in review of the project plans. The Ohio	6481
Arts and SportsCultural Facilities Commission shall enter into a	6482
contract with the Center of Science and Industry - Columbus to	6483
administer the exhibit fabrication and installation contracts and	6484
such contracts are not subject to Chapter 123. or 153. of the	6485
Revised Code.	6486

SPORTS FACILITIES IMPROVEMENTS - AKRON

6487

The amount reappropriated to the ArtsCultural and Sports	6488
Facilities Building Fund (Fund 030), CAP-024, Sports Facilities	6489
Improvements - Akron, is the unallotted and unencumbered balance	6490
in the Sports Facilities Building Fund (Fund 024), CAP-024, Sports	6491
Facilities Improvements - Akron.	6492

REDS HALL OF FAME

6493

The amount reappropriated to the ArtsCultural and Sports	6494
Facilities Building Fund (Fund 030), CAP-025, Reds Hall of Fame,	6495
is the unallotted and unencumbered balance in the Sports	6496
Facilities Building Fund (Fund 024), CAP-025, Reds Hall of Fame.	6497

AKRON ART MUSEUM

6498

The amount reappropriated for the foregoing appropriation	6499
item CAP-052, Akron Art Museum, is the unencumbered and unallotted	6500
balance as of June 30, 2004, in appropriation item CAP-052, Akron	6501
Art Museum, plus $1,634,666.	6502

RIVERSOUTH DEVELOPMENT

6503

The amount reappropriated for the foregoing appropriation	6504
item CAP-840, Riversouth Development, is the unencumbered and	6505
unallotted balance as of June 30, 2004, in appropriation item	6506
CAP-840, Riversouth Development, minus $9,000,000.	6507

MARINA DISTRICT/ICE ARENA DEVELOPMENT

6508

The amount reappropriated to the ArtsCultural and Sports	6509
Facilities Building Fund (Fund 030), CAP-843, Marina District/Ice	6510
Arena Development, is the unallotted and unencumbered balance in	6511
the Sports Facilities Building Fund (Fund 024), CAP-073, Marina	6512
District/Ice Arena Development.	6513

Reappropriations

Sec. 26.10.  UAK UNIVERSITY OF AKRON

6514

CAP-008		Basic Renovations		$	3,394,867		6515
CAP-047		Polsky Building Renovation		$	577,185		6516
CAP-049		Basic Renovations - Wayne		$	270,316		6517
CAP-054		Auburn Science/Whitby Rehabilitation		$	4,099,600		6518
CAP-061		Asbestos Abatement		$	29,650		6519
CAP-063		Child Care Facility		$	149,998		6520
CAP-075		Infrastructure Materials/Rehabilitation		$	102,932		6521
CAP-076		Supercritical Fluid Technology		$	17,500		6522
CAP-080		UAK/Medina Technology Link		$	43,307		6523
CAP-081		Classroom/Office Building - Arts/Sciences		$	21,710		6524
CAP-091		Student Affairs Building		$	1,235,626		6525
CAP-095		Online Math		$	29,305		6526
CAP-097		Ohio NMR Consortium		$	96,500		6527
CAP-098		Guzzetta Hall Addition		$	7,784,808		6528
CAP-099		D Wing Expansion		$	243,750		6529
CAP-100		Classroom Office Addition-Design		$	120,120		6530
CAP-101		National Polymer Processing Center		$	1,000,000		6531
CAP-102		Scanning Raman Spectrometer		$	635		6532
CAP-104		Nanoscale Polymers Manufacturing		$	237,500		6533
CAP-105		Hydrogen Production and Storage		$	169,000		6534
CAP-107		Stan Hywet Hall and Gardens		$	500,000		6535
CAP-108		Weathervane Theatre, Akron		$	100,000		6536
CAP-109		Case Barlow Farm, Hudson		$	100,000		6537
CAP-110		Springfield HS/UAK Distance Learning Project		$	382,000		6538
Total University of Akron				$	20,706,309		6539

STAN HYWET HALL AND GARDENS

6540

The amount reappropriated for the foregoing appropriation	6541
item CAP-107, Stan Hywet Hall and Gardens, is the unencumbered and	6542
unallotted balance as of June 30, 2004, in appropriation item	6543
CAP-107, Stan Hywet Hall and Gardens, plus $500,000.	6544

WEATHERVANE THEATRE, AKRON

6545

The amount reappropriated for the foregoing appropriation	6546
item CAP-108, Weathervane Theatre, Akron, is the unencumbered and	6547
unallotted balance as of June 30, 2004, in appropriation item	6548
CAP-108, Weathervane Theatre, Akron, plus $100,000.	6549

CASE BARLOW FARM, HUDSON

6550

The amount reappropriated for the foregoing appropriation	6551
item CAP-109, Case Barlow Farm, Hudson, is the unencumbered and	6552
unallotted balance as of June 30, 2004, in appropriation item	6553
CAP-109, Case Barlow Farm, Hudson, plus $100,000.	6554

SPRINGFIELD HS/UAK DISTANCE LEARNING PROJECT

6555

The amount reappropriated for the foregoing appropriation	6556
item CAP-110, Springfield HS/UAK Distance Learning Project, is the	6557
unencumbered and unallotted balance as of June 30, 2004, in	6558
appropriation item CAP-110, Springfield HS/UAK Distance Learning	6559
Project, plus $382,000.	6560

Reappropriations

Sec. 26.14.  CLS CLEVELAND STATE UNIVERSITY

6561

CAP-007		Stilwell Hall Completion		$	25,160		6562
CAP-023		Basic Renovations		$	4,173,262		6563
CAP-067		17th - 18th Street Block		$	164,026		6564
CAP-069		Great Lakes Museum for Science, Environment, and Technology		$	200,000		6565
CAP-088		Asbestos Abatement		$	1,636,687		6566
CAP-092		Handicapped Requirements		$	17,148		6567
CAP-101		Classroom Building Conversion		$	50,000		6568
CAP-109		Classroom Upgrade		$	533,031		6569
CAP-112		Land Acquisitions		$	16,803		6570
CAP-114		Geographic Information Systems		$	77,738		6571
CAP-117		Landscaping/Sidewalks/Stairs		$	29,350		6572
CAP-118		Structural Concrete Rehabilitation		$	36,893		6573
CAP-125		College of Education Building		$	9,386,384		6574
CAP-126		Electrical System Upgrades Phase 2		$	1,072,619		6575
CAP-127		Fire Alarm System Upgrade		$	400,000		6576
CAP-128		Property Acquisition		$	2,886,556		6577
CAP-130		WVIZ Technology Center		$	1,000,000		6578
CAP-135		Law Building Stair Renovation		$	6,669		6579
CAP-136		University Center HVAC Phase 1		$	3,843		6580
CAP-137		University Center Elevator Upgrades		$	26,545		6581
CAP-138		Student Services		$	142,174		6582
CAP-139		Landscape, Sidewalk Replacement		$	5,845		6583
CAP-142		Rhodes Tower Library Roof Replacement		$	1,170,372		6584
CAP-143		Cleveland Food Bank		$	500,000		6585
CAP-144		Rhodes Tower Plaza Renovation Phase 2		$	1,300,000		6586
CAP-145		Cleveland Manufactures Technology Complex		$	500,000		6587
CAP-146		Rhodes Tower Exterior Renovation		$	56,709		6588
CAP-155		Cleveland Playhouse		$	500,000		6589
Total Cleveland State University				$	25,417,813 25,917,813		6590

BASIC RENOVATIONS

6591

The amount reappropriated for the foregoing appropriation	6592
item CAP-023, Basic Renovations, is the unencumbered and	6593
unallotted balance as of June 30, 2004, in appropriation item	6594
CAP-023, Basic Renovations, plus $9,122.	6595

CLEVELAND PLAYHOUSE

6596

The amount reappropriated for the foregoing appropriation	6597
item CAP-155, Cleveland Playhouse, is the unencumbered and	6598
unallotted balance as of June 30, 2004, in appropriation item	6599
CAP-155, Cleveland Playouse, plus $500,000.	6600

Reappropriations

Sec. 26.19. SSC SHAWNEE STATE UNIVERSITY

6601

CAP-004		Basic Renovations		$	1,468,735		6602
CAP-008		Massie Hall Renovation		$	54,541		6603
CAP-010		Land Acquisition		$	116,917		6604
CAP-016		Library Building		$	10,777		6605
CAP-017		Math/Science Building		$	17,061		6606
CAP-029		Fine Arts Class and Lab Building		$	108,704		6607
CAP-030		Utilities and Landscaping		$	4,679		6608
CAP-037		ADA Modifications		$	53,188		6609
CAP-039		Central Heating Plant Replacement		$	5,215		6610
CAP-040		Chiller Replacement		$	12,054		6611
CAP-041		Kricker Hall Renovation		$	1,932		6612
CAP-042		Sidewalk/Plaza Replacement		$	250,276		6613
CAP-043		Communication/Data Upgrade		$	23,079		6614
CAP-044		Land Acquisition		$	343,830		6615
CAP-045		Rehabilitation of Health Sciences Building Phase I		$	1,681,974		6616
CAP-046		Digital Infrastructure		$	81,153		6617
CAP-047		Natatorium Rehabilitation		$	450,000		6618
CAP-048		Facilities Building Renovation		$	242,120		6619
Total Shawnee State University				$	4,926,235		6620

BASIC RENOVATIONS

6621

The amount reappropriated for the foregoing appropriation	6622
item CAP-004, Basic Renovations, shall be $53,917 plus the	6623
unencumbered and unallotted balance as of June 30, 2004.	6624

Reappropriations

Sec. 26.48. STC STARK TECHNICAL COLLEGE

6625

CAP-004		Basic Renovations		$	537,874		6626
CAP-015		Loop Road Property Acquisition/Development		$	629		6627
CAP-024		Phase 2 Renovations		$	252		6628
CAP-027		Information Technology Learning Center		$	10,000		6629
CAP-030		Northside Development Parking Lot - Phase II		$	77,423		6630
CAP-031		Student Services		$	31,087		6631
CAP-032		Automotive Technology Building Addition		$	1,719,554		6632
Total Stark Technical College				$	2,376,819		6633
TOTAL HIGHER EDUCATION IMPROVEMENT FUND				$	576,230,916 576,730,916		6634

Sec. 27.  All items set forth in this section are hereby	6636
appropriated out of any moneys in the state treasury to the credit	6637
of the Parks and Recreation Improvement Fund (Fund 035) that are	6638
not otherwise appropriated:	6639

Reappropriations

DNR DEPARTMENT OF NATURAL RESOURCES

6640

CAP-005		Cowan Lake State Park		$	23,445		6641
CAP-008		Delaware State Park		$	56,223		6642
CAP-011		Findley State Park		$	22,856		6643
CAP-012		Land Acquisition		$	6,800,000		6644
CAP-016		Hueston Woods State Park		$	23,258		6645
CAP-017		Indian Lake State Park		$	130,288		6646
CAP-019		Lake Hope State Park		$	6,776		6647
CAP-025		Punderson State Park		$	1,163		6648
CAP-029		Salt Fork State Park		$	127,555		6649
CAP-032		West Branch State Park		$	200,895		6650
CAP-045		Mary J. Thurston State Park Marina/Dock		$	300,000		6651
CAP-051		Buck Creek State Park		$	250		6652
CAP-064		Geneva State Park		$	4,182		6653
CAP-069		Hocking Hills State Park		$	87,756		6654
CAP-070		Lake Logan State Park		$	600		6655
CAP-093		Portage Lakes State Park		$	13,373		6656
CAP-113		East Harbor State Park Shoreline Stabilization		$	850,000		6657
CAP-119		Forked Run State Park		$	27,747		6658
CAP-162		Shawnee State Park		$	760		6659
CAP-205		Deer Creek State Park		$	19,051		6660
CAP-234		State Parks Campgrounds, Lodges, and Cabins		$	5,494,293		6661
CAP-331		Park Boating Facilities		$	2,688,216		6662
CAP-390		State Park Maintenance Facility Development		$	1,656,339		6663
CAP-701		Buckeye Lake Dam Rehabilitation		$	427,756		6664
CAP-702		Upgrade Underground Storage Tanks		$	234,134		6665
CAP-703		Cap Abandoned Water Wells		$	78,000		6666
CAP-718		Grand Lake St. Mary's State Park		$	251,882		6667
CAP-719		Indian Lake State Park		$	1,000		6668
CAP-727		Riverfront Improvements		$	1,275,000		6669
CAP-744		Multi-Agency Radio Communication Equipment		$	425,000		6670
CAP-748		Local Parks Projects		$	3,269,000		6671
CAP-821		State Park Dredging and Shoreline Protection		$	14,000		6672
CAP-827		Cuyahoga Valley Scenic Railroad		$	1,000,000		6673
CAP-836		State Parks Renovation/Upgrading		$	350		6674
CAP-876		Statewide Trails Program		$	1,168,398		6675
CAP-927		Mohican State Park		$	96,816		6676
CAP-928		Handicapped Accessibility		$	472,555		6677
CAP-929		Hazardous Waste/Asbestos Abatement		$	49,383		6678
CAP-931		Wastewater/Water Systems Upgrade		$	2,804,375		6679
Total Department of Natural Resources				$	30,102,675		6680
TOTAL Parks and Recreation Improvement Fund				$	30,102,675		6681

CUYAHOGA VALLEY SCENIC RAILROAD

6682

The amount reappropriated for the foregoing appropriation	6683
item CAP-827, Cuyahoga Valley Scenic Railroad, is the unencumbered	6684
and unallotted balance as of June 30, 2004, in appropriation item	6685
CAP-827, Cuyahoga Valley Scenic Railroad, minus $2,716,666.	6686

Section 36.02. That existing Sections 18.02, 18.16, 22,	6687
26.10, 26.14, 26.19, 26.48, and 27 of Am. Sub. S.B. 189 of the	6688
125th General Assembly are hereby repealed.	6689

Section 37.01. That Sections 6 and 31 of Am. Sub. H.B. 95 of	6690
the 125th General Assembly be amended to read as follows:	6691

Sec. 6.  PAY ACCRUED LEAVE LIABILITY

6692

Accrued Leave Liability Fund Group

6693

806	995-666		Accrued Leave Fund		$	70,783,792		$	78,296,200		6694
807	995-667		Disability Fund		$	47,269,465		$	50,098,308		6695
TOTAL ALF Accrued Leave Liability											6696
Fund Group					$	118,053,257		$	128,394,508		6697

Agency Fund Group

6698

808	995-668		State Employee Health Benefit Fund		$	312,724,593		$	371,450,611		6699
809	995-669		Dependent Care Spending Account		$	3,691,169		$	4,060,286		6700
810	995-670		Life Insurance Investment Fund		$	1,925,110		$	1,992,489		6701
811	995-671		Parental Leave Benefit Fund		$	4,350,302		$	4,785,332		6702
813	995-672		Health Care Spending Account		$	0		$	2,000,000		6703
TOTAL AGY Agency Fund Group					$	322,691,174		$	382,288,718 384,288,718		6704

TOTAL ALL BUDGET FUND GROUPS

$

440,744,431

$

510,683,226 512,683,226

6705

ACCRUED LEAVE LIABILITY FUND

6706

The foregoing appropriation item 995-666, Accrued Leave Fund,	6707
shall be used to make payments from the Accrued Leave Liability	6708
Fund (Fund 806), pursuant to section 125.211 of the Revised Code.	6709
If it is determined by the Director of Budget and Management that	6710
additional amounts are necessary, the amounts are appropriated.	6711

STATE EMPLOYEE DISABILITY LEAVE BENEFIT FUND

6712

The foregoing appropriation item 995-667, Disability Fund,	6713
shall be used to make payments from the State Employee Disability	6714
Leave Benefit Fund (Fund 807), pursuant to section 124.83 of the	6715
Revised Code. If it is determined by the Director of Budget and	6716
Management that additional amounts are necessary, the amounts are	6717
appropriated.	6718

STATE EMPLOYEE HEALTH BENEFIT FUND

6719

The foregoing appropriation item 995-668, State Employee	6720
Health Benefit Fund, shall be used to make payments from the State	6721
Employee Health Benefit Fund (Fund 808), pursuant to section	6722
124.87 of the Revised Code. If it is determined by the Director of	6723
Budget and Management that additional amounts are necessary, the	6724
amounts are appropriated.	6725

At the request of the Director of Administrative Services,	6726
the Director of Budget and Management shall transfer up to	6727
$250,000 in cash from the State Employee Health Benefit Fund (Fund	6728
808) to the Health Care Spending Account Fund (Fund 813) during	6729
fiscal year 2005. This cash shall be transferred as needed to	6730
provide an initial operating cash balance for the Health Care	6731
Spending Account Fund and to assure adequate cash flow for the	6732
Health Care Spending Account Fund during fiscal year 2005. Not	6733
later than January 15, 2005, the Director of Administrative	6734
Services shall submit a plan to the Director of Budget and	6735
Management that provides for the repayment during fiscal year 2006	6736
and fiscal year 2007 of all cash transfers made from the State	6737
Employee Health Benefit Fund (Fund 808) to the Health Care	6738
Spending Account Fund (Fund 813) during fiscal year 2005.	6739

DEPENDENT CARE SPENDING ACCOUNT

6740

The foregoing appropriation item 995-669, Dependent Care	6741
Spending Account, shall be used to make payments from the	6742
Dependent Care Spending Account (Fund 809) to employees eligible	6743
for dependent care expenses. If it is determined by the Director	6744
of Budget and Management that additional amounts are necessary,	6745
the amounts are appropriated.	6746

LIFE INSURANCE INVESTMENT FUND

6747

The foregoing appropriation item 995-670, Life Insurance	6748
Investment Fund, shall be used to make payments from the Life	6749
Insurance Investment Fund (Fund 810) for the costs and expenses of	6750
the state's life insurance benefit program pursuant to section	6751
125.212 of the Revised Code. If it is determined by the Director	6752
of Budget and Management that additional amounts are necessary,	6753
the amounts are appropriated.	6754

PARENTAL LEAVE BENEFIT FUND

6755

The foregoing appropriation item 995-671, Parental Leave	6756
Benefit Fund, shall be used to make payments from the Parental	6757
Leave Benefit Fund (Fund 811) to employees eligible for parental	6758
leave benefits pursuant to section 124.137 of the Revised Code. If	6759
it is determined by the Director of Budget and Management that	6760
additional amounts are necessary, the amounts are appropriated.	6761

HEALTH CARE SPENDING ACCOUNT

6762

There is hereby established in the state treasury the Health	6763
Care Spending Account Fund (Fund 813). The foregoing appropriation	6764
item 995-672, Health Care Spending Account, shall be used to make	6765
payments from the fund. The fund shall be under the supervision of	6766
the Department of Administrative Services and shall be used to	6767
make payments pursuant to state employees' participation in a	6768
flexible spending account for non-insured health care expenses	6769
pursuant to Section 125 of the Internal Revenue Code. All income	6770
derived from investment of the fund shall accrue to the fund.	6771

If it is determined by the Director of Administrative	6772
Services that additional appropriation amounts are necessary, the	6773
Director of Administrative Services may request that the Director	6774
of Budget and Management increase such amounts. Such amounts are	6775
hereby appropriated.	6776

Sec. 31.  CEB CONTROLLING BOARD

6777

General Revenue Fund

6778

GRF	911-401		Emergency Purposes/Contingencies		$	5,000,000		$	5,000,000 7,500,000		6779
GRF	911-404		Mandate Assistance		$	1,462,500		$	1,462,500		6780
GRF	911-441		Ballot Advertising Costs		$	887,500		$	487,500		6781
TOTAL GRF General Revenue Fund					$	7,350,000		$	6,950,000 9,450,000		6782

State Special Revenue Fund Group

6783

5E2	911-601		Disaster Services		$	4,000,000		$	0		6784
TOTAL SSR State Special											6785
Revenue Fund Group					$	4,000,000		$	0		6786
TOTAL ALL BUDGET FUND GROUPS					$	11,350,000		$	6,950,000 9,450,000		6787

FEDERAL SHARE

6788

In transferring appropriations to or from appropriation items	6789
that have federal shares identified in this act, the Controlling	6790
Board shall add or subtract corresponding amounts of federal	6791
matching funds at the percentages indicated by the state and	6792
federal division of the appropriations in this actAm. Sub. H.B.	6793
95 of the 125th General Assembly. Such changes are hereby	6794
appropriated.	6795

DISASTER ASSISTANCE

6796

Pursuant to requests submitted by the Department of Public	6797
Safety, the Controlling Board may approve transfers from the	6798
Emergency Purposes Fund to a Department of Public Safety General	6799
Revenue Fund appropriation item to provide funding for assistance	6800
to political subdivisions made necessary by natural disasters or	6801
emergencies. Such transfers may be requested and approved prior to	6802
the occurrence of any specific natural disasters or emergencies in	6803
order to facilitate the provision of timely assistance.	6804

SOUTHERN OHIO CORRECTIONAL FACILITY COST

6805

The Office of Criminal Justice Services and the Public	6806
Defender Commission may each request, upon approval of the	6807
Director of Budget and Management, additional funds from the	6808
Emergency Purposes Fund for costs related to the disturbance that	6809
occurred on April 11, 1993, at the Southern Ohio Correctional	6810
Facility in Lucasville, Ohio.	6811

DISASTER SERVICES

6812

Pursuant to requests submitted by the Department of Public	6813
Safety, the Controlling Board may approve transfers from the	6814
foregoing appropriation item 911-601, Disaster Services, to a	6815
Department of Public Safety General Revenue Fund appropriation	6816
item to provide for assistance to political subdivisions made	6817
necessary by natural disasters or emergencies. These transfers may	6818
be requested and approved prior to the occurrence of any specific	6819
natural disasters or emergencies in order to facilitate the	6820
provision of timely assistance. The Emergency Management Agency of	6821
the Department of Public Safety shall use the funding for disaster	6822
aid requests that meet the Emergency Management Agency's criteria	6823
for assistance.	6824

The foregoing appropriation item 911-601, Disaster Services,	6825
shall be used by the Controlling Board, pursuant to requests	6826
submitted by state agencies, to transfer cash and appropriation	6827
authority to any fund and appropriation item for the payment of	6828
state agency program expenses as follows:	6829

(A) The southern Ohio flooding, referred to as	6830
FEMA-DR-1164-OH;	6831

(B) The flood/storm disaster referred to as FEMA-DR-1227-OH;

6832

(C) The Southern Ohio flooding, referred to as	6833
FEMA-DR-1321-OH;	6834

(D) The flooding referred to as FEMA-DR-1339-OH;

6835

(E) The tornado/storms referred to as FEMA-DR-1343-OH;

6836

(F) Other disasters declared by the Governor, if the Director	6837
of Budget and Management determines that sufficient funds exist	6838
beyond the expected program costs of these disasters.	6839

The unencumbered balance of appropriation item 911-601,	6840
Disaster Services, at the end of fiscal year 2004 is transferred	6841
to fiscal year 2005 for use under the same appropriation item.	6842

MANDATE ASSISTANCE

6843

(A) The foregoing appropriation item 911-404, Mandate	6844
Assistance, shall be used to provide financial assistance to local	6845
units of government, school districts, and fire departments for	6846
the cost of the following three unfunded state mandates:	6847

(1) The cost to county prosecutors for prosecuting certain	6848
felonies that occur on the grounds of state institutions operated	6849
by the Department of Rehabilitation and Correction and the	6850
Department of Youth Services;	6851

(2) The cost, primarily to small villages and townships, of	6852
providing firefighter training and equipment or gear;	6853

(3) The cost to school districts of in-service training for	6854
child abuse detection.	6855

(B) The Department of Commerce, the Office of Criminal	6856
Justice Services, and the Department of Education may prepare and	6857
submit to the Controlling Board one or more requests to transfer	6858
appropriations from appropriation item 911-404, Mandate	6859
Assistance. The state agencies charged with this administrative	6860
responsibility are listed below, as well as the estimated annual	6861
amounts that may be used for each program of state financial	6862
assistance.	6863

		ADMINISTERING		ESTIMATED ANNUAL		6864
PROGRAM		AGENCY		AMOUNT		6865

Prosecution Costs		Office of Criminal		$146,500		6866
		Justice Services				6867
Firefighter Training Costs		Department of Commerce		$731,000		6868
Child Abuse Detection Training Costs		Department of Education		$585,000		6869

(C) Subject to the total amount appropriated in each fiscal	6870
year for appropriation item 911-404, Mandate Assistance, the	6871
Department of Commerce, the Office of Criminal Justice Services,	6872
and the Department of Education may request from the Controlling	6873
Board that amounts smaller or larger than these estimated annual	6874
amounts be transferred to each program.	6875

(D) In addition to making the initial transfers requested by	6876
the Department of Commerce, the Office of Criminal Justice	6877
Services, and the Department of Education, the Controlling Board	6878
may transfer appropriations received by a state agency under this	6879
section back to appropriation item 911-404, Mandate Assistance, or	6880
to one or more of the other programs of state financial assistance	6881
identified under this section.	6882

(E) It is expected that not all costs incurred by local units	6883
of government, school districts, and fire departments under each	6884
of the three programs of state financial assistance identified	6885
under this section will be fully reimbursed by the state.	6886
Reimbursement levels may vary by program and shall be based on:	6887
the relationship between the appropriation transfers requested by	6888
the Department of Commerce, the Office of Criminal Justice	6889
Services, and the Department of Education and provided by the	6890
Controlling Board for each of the programs; the rules and	6891
procedures established for each program by the administering state	6892
agency; and the actual costs incurred by local units of	6893
government, school districts, and fire departments.	6894

(F) Each of these programs of state financial assistance	6895
shall be carried out as follows:	6896

(1) PROSECUTION COSTS

6897

(a) Appropriations may be transferred to the Office of	6898
Criminal Justice Services to cover local prosecution costs for	6899
aggravated murder, murder, felonies of the first degree, and	6900
felonies of the second degree that occur on the grounds of	6901
institutions operated by the Department of Rehabilitation and	6902
Correction and the Department of Youth Services.	6903

(b) Upon a delinquency filing in juvenile court or the return	6904
of an indictment for aggravated murder, murder, or any felony of	6905
the first or second degree that was committed at a Department of	6906
Youth Services or a Department of Rehabilitation and Correction	6907
institution, the affected county may, in accordance with rules	6908
that the Office of Criminal Justice Services shall adopt, apply to	6909
the Office of Criminal Justice Services for a grant to cover all	6910
documented costs that are incurred by the county prosecutor's	6911
office.	6912

(c) Twice each year, the Office of Criminal Justice Services	6913
shall designate counties to receive grants from those counties	6914
that have submitted one or more applications in compliance with	6915
the rules that have been adopted by the Office of Criminal Justice	6916
Services for the receipt of such grants. In each year's first	6917
round of grant awards, if sufficient appropriations have been	6918
made, up to a total of $100,000 may be awarded. In each year's	6919
second round of grant awards, the remaining appropriations	6920
available for this purpose may be awarded.	6921

(d) If for a given round of grants there are insufficient	6922
appropriations to make grant awards to all the eligible counties,	6923
the first priority shall be given to counties with cases involving	6924
aggravated murder and murder; second priority shall be given to	6925
cases involving a felony of the first degree; and third priority	6926
shall be given to cases involving a felony of the second degree.	6927
Within these priorities, the grant awards shall be based on the	6928
order in which the applications were received, except that	6929
applications for cases involving a felony of the first or second	6930
degree shall not be considered in more than two consecutive rounds	6931
of grant awards.	6932

(2) FIREFIGHTER TRAINING COSTS

6933

Appropriations may be transferred to the Department of	6934
Commerce for use as full or partial reimbursement to local units	6935
of government and fire departments for the cost of firefighter	6936
training and equipment or gear. In accordance with rules that the	6937
department shall adopt, a local unit of government or fire	6938
department may apply to the department for a grant to cover all	6939
documented costs that are incurred to provide firefighter training	6940
and equipment or gear. The department shall make grants within the	6941
limits of the funding provided, with priority given to fire	6942
departments that serve small villages and townships.	6943

(3) CHILD ABUSE DETECTION TRAINING COSTS

6944

Appropriations may be transferred to the Department of	6945
Education for disbursement to local school districts as full or	6946
partial reimbursement for the cost of providing in-service	6947
training for child abuse detection. In accordance with rules that	6948
the department shall adopt, a local school district may apply to	6949
the department for a grant to cover all documented costs that are	6950
incurred to provide in-service training for child abuse detection.	6951
The department shall make grants within the limits of the funding	6952
provided.	6953

(G) Any moneys allocated within appropriation item 911-404,	6954
Mandate Assistance, not fully utilized may, upon application of	6955
the Ohio Public Defender Commission, and with the approval of the	6956
Controlling Board, be disbursed to boards of county commissioners	6957
to provide additional reimbursement for the costs incurred by	6958
counties in providing defense to indigent defendants pursuant to	6959
Chapter 120. of the Revised Code.	6960

The amount to be disbursed to each county shall be allocated	6961
proportionately on the basis of the total amount of reimbursement	6962
paid to each county as a percentage of the amount of reimbursement	6963
paid to all of the counties during the most recent state fiscal	6964
year for which data is available and as calculated by the Ohio	6965
Public Defender Commission.	6966

BALLOT ADVERTISING COSTS

6967

Pursuant to requests submitted by the Ohio Ballot Board, the	6968
Controlling Board shall approve transfers from the foregoing	6969
appropriation item 911-441, Ballot Advertising Costs, to an Ohio	6970
Ballot Board appropriation item in order to reimburse county	6971
boards of elections for the cost of public notices associated with	6972
statewide ballot initiatives.	6973

Of the foregoing appropriation item 911-441, Ballot	6974
Advertising Costs, the Director of Budget and Management shall	6975
transfer any amounts that are not needed for the purpose of	6976
reimbursing county boards of elections for the cost of public	6977
notices associated with statewide ballot initiatives to	6978
appropriation item 911-404, Mandate Assistance.	6979

Section 37.02. That existing Sections 6 and 31 of Am. Sub.	6980
H.B. 95 of the 125th General Assembly are hereby repealed.	6981

Section 37.03. The amendments by this act of Sections 6 and	6982
31 of Am. Sub. H.B. 95 of the 125th General Assembly are not	6983
subject to the referendum. Therefore, under Ohio Constitution,	6984
Article II, Section 1d and section 1.471 of the Revised Code, the	6985
amendments go into immediate effect when this act becomes law.	6986

Section 38.01. Notwithstanding sections 101.02 and 101.27 of	6987
the Revised Code, the term of office of the members of the Senate	6988
elected majority floor leader, assistant majority floor leader,	6989
and assistant majority whip shall be deemed to begin on the	6990
effective date of this section. Each such member shall receive,	6991
during the remainder of calendar year 2005, salary payments equal	6992
to the amounts paid under section 101.27 of the Revised Code to	6993
the members of the House of Representatives elected majority floor	6994
leader, assistant majority floor leader, and assistant majority	6995
whip, respectively, during the remainder of calendar year 2005.	6996
For calendar year 2006, they shall receive an annual salary that	6997
is equal to the annual salary prescribed under section 101.27 of	6998
the Revised Code for the members of the House of Representatives	6999
elected majority floor leader, assistant majority floor leader,	7000
and assistant majority whip, respectively.	7001

This section is not subject to the referendum. Therefore,	7002
under Ohio Constitution, Article II, Section 1d and section 1.471	7003
of the Revised Code, this section goes into immediate effect when	7004
this act becomes law.	7005

Section 39.01. Sections 151.01, 154.01, 154.02, 154.07,	7006
154.23, 3383.02, and 3383.07 of the Revised Code, as amended or	7007
enacted by this act, and Sections 39.02, 39.03, and 39.04 of this	7008
act take effect on July 1, 2005.	7009

Section 39.02. (A) All with respect to bonds of the state	7010
previously authorized and issued by the Treasurer of State to	7011
finance all or a portion of the costs of local subdivision capital	7012
improvement projects as provided for in Sections 2k and 2m of	7013
Article VIII, Ohio Constitution, and Chapter 151. of the Revised	7014
Code, including particularly Sections 151.01, 151.02, and 151.08	7015
thereof, and prior authorizations in Chapter 164. of the Revised	7016
Code (referred to in this section as "superseded matters"), on the	7017
effective date of this section:	7018

(1) The Ohio Public Facilities Commission shall succeed to	7019
and have and perform all the duties, powers, obligations, and	7020
functions, and have all the rights, of the Treasurer of State or	7021
that officer's employees as provided in or pursuant to orders	7022
relating to those bonds and those bonds themselves. All	7023
appropriations previously made to or for the purposes of the	7024
performance of those duties, powers, obligations, and functions	7025
and exercise of those rights, to the extent of remaining	7026
unexpended or unencumbered balances, are hereby transferred to and	7027
made available for use and expenditure by the Commission for	7028
purposes of performing the same duties, powers, obligations, and	7029
functions and exercising the same rights for which originally	7030
appropriated or reappropriated.	7031

(2) All related agreements and covenants of the Treasurer of	7032
State and the basic instruments and bonds, shall be and be	7033
considered as agreements and covenants of and binding upon the	7034
Commission.	7035

(3) The transfer and supersession provided for in this act	7036
does not affect the validity of any agreement or covenant, or	7037
resolution or order, or bonds, or related documents, authorized,	7038
entered into or issued by the Treasurer of State under the	7039
superseded matters, and nothing in this section or in the	7040
amendment by this act of division (A)(7) of section 151.01 of the	7041
Revised Code shall be applied or be considered as impairing their	7042
validity or the obligations or rights under them.	7043

(4) All basic instruments, documents, books, papers and	7044
records of the Treasurer of State relating to those outstanding	7045
bonds shall be transferred to the Commission.	7046

(5) Whenever the Treasurer of State, or any of that officer's	7047
employees or authorized representatives, is referred to in any	7048
contract or other document relating to those outstanding bonds,	7049
the reference shall be considered to be to the Commission or its	7050
appropriate officers.	7051

(B) The amendment in Section 1 of this act to division (A)(7)	7052
of section 151.01 of the Revised Code applies to any proceedings	7053
commenced after its effective date and, so far as its provisions	7054
support the actions taken, also applies to any proceedings that on	7055
its effective date are pending, in progress, or completed, and to	7056
the securities authorized or issued or obligations entered into	7057
under or pursuant to those proceedings, notwithstanding the	7058
applicable law previously in effect or any provision to the	7059
contrary in a prior resolution, order, notice, or other	7060
proceeding. Any proceedings pending or in progress on the	7061
effective date of the amendment, and securities sold, issued, and	7062
delivered, or obligations entered into under or pursuant to those	7063
proceedings, shall be deemed to have been taken, and authorized,	7064
sold, issued, delivered, and entered into, in conformity with the	7065
amendment. The provisions of the Revised Code so amended by this	7066
act shall, except as otherwise provided in division (A) of this	7067
section, be deemed to remain applicable to securities issued or	7068
obligations entered into under or pursuant to or in reliance on	7069
them prior to the effective date of the amendment.	7070

Section 39.03. (A) Except as otherwise provided in section	7071
154.23 of the Revised Code, as enacted by this act, with respect	7072
to the functions of the Ohio Public Facilities Commission, the	7073
Treasurer of State shall, on the effective date of this section	7074
and as provided for in this section, supersede and replace the	7075
Ohio Building Authority (referred to in this section as the	7076
"Authority") as the issuing authority in all matters relating to	7077
the issuance of obligations for the financing of Ohio cultural	7078
facilities and Ohio sports facilities, as those terms are defined	7079
in section 3383.01 of the Revised Code, for housing branches and	7080
agencies of state government (all referred to in this section as	7081
"cutural and sports capital purposes") as provided for in section	7082
154.23 of the Revised Code, as enacted by this act (all referred	7083
to in this section as "superseded matters".	7084

(B)(1) With respect to superseded matters and cultural and	7085
sports capital purposes, the Treasurer of State shall:	7086

(a) Succeed to and have and perform all of the duties,	7087
powers, obligations, and functions of the Authority and its	7088
members and officers provided for by law or rule relating to the	7089
issuance of bonds, notes, or other obligations for the purpose of	7090
paying costs of cultural and sports capital purposes;	7091

(b) Succeed to and have and perform all of the duties,	7092
powers, obligations, and functions, and have all of the rights, of	7093
the Authority and its members and officers provided for in or	7094
pursuant to resolutions, rules, agreements, trust agreements, and	7095
supplemental trust agreements (all referred to collectively in	7096
this section as "basic instruments"), and bonds, notes, and other	7097
obligations (all referred to collectively in this section as	7098
"financing obligations"), previously authorized, entered into, or	7099
issued by the Authority for cultural and sports capital purposes,	7100
which financing obligations shall be, and shall be deemed to be,	7101
obligations issued by and of the Treasurer of State;	7102

(c) Be bound by all agreements and covenants of the	7103
Authority, and basic instruments, relating to financing	7104
obligations.	7105

(2) The transfer of superseded matters to the Treasurer of	7106
State pursuant to this section does not affect the validity of any	7107
agreement or covenant, basic instrument, or financing obligation,	7108
or any related document, authorized, entered into, or issued by	7109
the Authority under Chapter 152. of the Revised Code or other	7110
laws, and nothing in this section shall be applied or considered	7111
as impairing the obligations or rights under them.	7112

(3) The Treasurer of State shall not issue any additional	7113
financing obligations pursuant to any basic instrument of the	7114
Authority, including financing obligations to refund financing	7115
obligations previously issued by the Authority.	7116

(C) With respect to proceedings relating to superseded	7117
matters affected by this section:	7118

(1) This section applies to any proceedings that are	7119
commenced after the effective date of this section, and to any	7120
proceedings that are pending, in progress, or completed on that	7121
date, notwithstanding the applicable law previously in effect or	7122
any provision to the contrary in a prior basic instrument, notice,	7123
or other proceeding.	7124

(2) Any proceedings of the Authority that are pending on the	7125
effective date of this section shall be pursued and completed by	7126
and in the name of the Treasurer of State, and any financing	7127
obligations that are sold, issued, and delivered pursuant to those	7128
proceedings shall be deemed to have been authorized, sold, issued,	7129
and delivered in conformity with this section.	7130

(3) Notwithstanding division (C)(1) and (2) of this section,	7131
the Authority may, subsequent to the effective date of this	7132
section, meet for the purpose of better accomplishing the transfer	7133
of superseded matters. At any such meeting the Authority may take	7134
necessary or appropriate actions to effect an orderly transition	7135
relating to the issuance of financing obligations, such that all	7136
duties, powers, obligations, and functions of the Authority and	7137
its members and officers with respect to the superseded matters or	7138
under any leases and agreements between the Authority and the Ohio	7139
Cultural Facilities Commission shall terminate and be of no	7140
further force and effect as to the Authority.	7141

(D) The Authority shall prepare any necessary amendments of	7142
or supplements to documents or basic instruments pertaining to the	7143
duties, powers, obligations, functions, and rights relating to	7144
superseded matters to which the Treasurer of State succeeds	7145
pursuant to this section. The authorization by the Authority in	7146
its basic instruments relating to superseded matters for its	7147
officers to act in any manner on behalf of the Authority shall, on	7148
and after the effective date of this section, be authorization for	7149
the Treasurer of State, or the Treasurer of State's staff or	7150
employees to whom the Treasurer of State may delegate the	7151
function, to act in the circumstances, without necessity for	7152
amendment of or supplement to any such documents or basic	7153
instruments.	7154

(E) No pending judicial or administrative action or	7155
proceeding in which the Authority, or its members or officers as	7156
such, are a party that pertains to superseded matters shall be	7157
affected by their transfer, but shall be prosecuted or defended in	7158
the name of the Treasurer of State and in any such action or	7159
proceeding the Treasurer of State, upon application to the court,	7160
shall be substituted as a party.	7161

(F) In connection with the duties, powers, obligations,	7162
functions, and rights relating to superseded matters and provided	7163
for in this section, on the effective date of this section:	7164

(1) Copies of all basic instruments, documents, books,	7165
papers, and records of the Authority shall be transferred to the	7166
Treasurer of State upon request, without necessity for assignment,	7167
conveyance, or other action by the Authority.	7168

(2) All appropriations previously made to or for the	7169
Authority for the purposes of the performance of the duties,	7170
powers, obligations, functions, and exercise of rights relating to	7171
superseded matters, to the extent of remaining unexpended or	7172
unencumbered balances, are hereby transferred to and made	7173
available for use and expenditure by the Treasurer of State for	7174
performing the same duties, powers, obligations, and functions and	7175
exercising the same rights for which originally appropriated, and	7176
payments for administrative expenses previously incurred in	7177
connection with them shall be made from the applicable	7178
administrative service fund on vouchers approved by the Treasurer	7179
of State.	7180

(3) All leases and agreements between the Authority and the	7181
Ohio Cultural Facilities Commission made under Chapter 152. of the	7182
Revised Code shall, and shall be considered to, continue to bind	7183
the Ohio Cultural Facilities Commission. Nothing in this act shall	7184
be considered as impairing the obligations of the Ohio Cultural	7185
Facilities Commission under those leases and agreements.	7186

(4) Any lease, grant, or conveyance made to the Authority	7187
pursuant to section 152.06 of the Revised Code shall be, and shall	7188
be deemed to be, made to the Ohio Public Facilities Commission	7189
pursuant to section 154.16 of the Revised Code, and the Ohio	7190
Public Facilities Commission shall succeed to and have and perform	7191
all of the duties, powers, obligations, and functions, and have	7192
all of the rights, of the Authority and its members and officers	7193
provided for in or pursuant to that lease, grant, or conveyance.	7194

(G) Whenever the Authority, or any of its members or	7195
officers, is referred to in any contract or other document	7196
relating to those outstanding financing obligations, the reference	7197
shall be considered to be, as applicable, to the Ohio Public	7198
Facilities Commission or its appropriate officers or to the	7199
Treasurer of State or the appropriate staff of the Treasurer of	7200
State.	7201

Section 39.04.  (A) Sections 154.01, 154.02, 154.07, 154.23,	7202
3383.02, and 3383.07 of the Revised Code, as amended or enacted by	7203
this act, apply to any proceedings commenced after the effective	7204
date of this section and, so far as their provisions support the	7205
actions taken, also apply to any proceedings that are pending, in	7206
progress, or completed on that date, and to the securities	7207
authorized or issued or obligations entered into under or pursuant	7208
to those proceedings, notwithstanding the applicable law	7209
previously in effect or any provision to the contrary in a prior	7210
resolution, order, notice, or other proceeding. Any proceedings	7211
pending or in progress on the effective date of this section, and	7212
securities sold, issued, and delivered, or obligations entered	7213
into under or pursuant to those proceedings, shall be deemed to	7214
have been taken, and authorized, sold, issued, delivered, and	7215
entered into, in conformity with those sections, as amended or	7216
enacted by this act.	7217

(B) Sections 154.01, 154.02, 154.07, 3383.02, and 3383.07 of	7218
the Revised Code shall, except as otherwise provided in division	7219
(A) of this section, be deemed to remain applicable to securities	7220
issued or obligations entered into under, pursuant to, or in	7221
reliance on those sections, as they existed prior to the effective	7222
date of this section, or Chapter 152. of the Revised Code.	7223

Section 40.01. (A) As used in this section, "eligible county"	7224
means a county that has a population of less than sixty-four	7225
thousand according to the most recent federal decennial census.	7226

(B) Notwithstanding section 321.261 of the Revised Code, if,	7227
within sixty days after the effective date of this section, the	7228
county treasurer and the county prosecuting attorney of an	7229
eligible county that has a balance in its delinquent tax and	7230
assessment collection fund greater than six hundred fifty thousand	7231
dollars determine that not all of the money in the fund is needed	7232
by them for the purposes of collecting delinquent taxes and	7233
assessments, they shall notify the board of county commissioners	7234
of that determination, in writing. Upon receiving the notice, and	7235
after consulting with the legislative authority of each taxing	7236
unit in the eligible county, the board of county commissioners may	7237
adopt a resolution directing the county auditor to distribute	7238
money in the fund to each of the taxing units in the eligible	7239
county. The total amount of money distributed by an eligible	7240
county under a resolution adopted under this section shall not	7241
exceed the total amount of money credited to the eligible county's	7242
delinquent tax and assessment collection fund during calendar	7243
years 2001, 2002, 2003, and 2004. Moneys distributed to taxing	7244
units under a resolution adopted under this section shall be	7245
distributed among the taxing units in the eligible county in the	7246
same proportions and amounts as if levied and collected as taxes.	7247

This section provides for or is essential to the	7248
implementation of a tax levy. Therefore, under Ohio Constitution,	7249
Article II, Section 1d, this section is not subject to the	7250
referendum and goes into immediate effect when this act becomes	7251
law.	7252

Section 41.01. The amendment by this act of sections 5709.61,	7253
5709.62, and 5709.632 of the Revised Code shall not affect any	7254
area in a city designated as an urban cluster in a rural	7255
statistical area that was certified by the Director of Development	7256
as an enterprise zone, if the Director certified such area as a	7257
zone on or after June 26, 2003, but before the effective date of	7258
this section. For an enterprise zone that meets the requirements	7259
of this section, the legislative authority of a city designated as	7260
an urban cluster in a rural statistical area may enter into	7261
agreements with enterprises in accordance with section 5709.62 or	7262
5709.632 of the Revised Code. On and after the effective date of	7263
this section, no legislative authority of a city designated as an	7264
urban cluster in a rural statistical area may designate one or	7265
more areas within the city as proposed enterprise zones.	7266

Section 42.01. If any item of law that constitutes the whole	7267
or part of a codified or uncodified section of law contained in	7268
this act, or if any application of any item of law that	7269
constitutes the whole or part of a codified or uncodified section	7270
of law contained in this act, is held invalid, the invalidity does	7271
not affect other items of law or applications of items of law that	7272
can be given effect without the invalid item of law or	7273
application. To this end, the items of law of which the codified	7274
and uncodified sections contained in this act are composed, and	7275
their applications, are independent and severable.	7276

Section 43.01. Except as otherwise specifically provided in	7277
this act, the amendment or enactment by this act of codified and	7278
uncodified sections of law, and the items of which the amendments	7279
and enactments are composed, are subject to the referendum.	7280
Therefore, under Ohio Constitution, Article II, Section 1c and	7281
section 1.471 of the Revised Code, the amendments and enactments,	7282
and the items of which they are composed, except as otherwise	7283
specifically provided in this act, take effect on the ninety-first	7284
day after this act is filed with the Secretary of State. If,	7285
however, a referendum petition is filed against an amendment or	7286
enactment, or against an item it contains, the amendment or	7287
enactment, or item, unless rejected at the referendum, takes	7288
effect at the earliest time permitted by law.	7289

Section 44.01. The enactment by this act of section 3301.21	7290
of the Revised Code, and the items of which the section is are	7291
composed, are not subject to the referendum. Therefore, under Ohio	7292
Constitution, Article II, Section 1d and section 1.471 of the	7293
Revised Code, the section, and the items of which it is composed,	7294
go into immediate effect when this act becomes law.	7295

Section 45.01.  Section 151.01 of the Revised Code is	7296
presented in this act as a composite of the section as amended by	7297
both Sub. H.B. 522 and H.B. 675 of the 124th General Assembly. The	7298
General Assembly, applying the principle stated in division (B) of	7299
section 1.52 of the Revised Code that amendments are to be	7300
harmonized if reasonably capable of simultaneous operation, finds	7301
that the composite is the resulting version of the section in	7302
effect prior to the effective date of the section as presented in	7303
this act.	7304