As Passed by the House

126th General Assembly Regular Session 2005-2006

Am. Sub. H. B. No. 16

Representatives Calvert, Allen, C. Evans, Flowers, Hartnett, McGregor, S. Patton, Trakas, Aslanides, Barrett, Beatty, Blessing, Book, Brown, Carano, Carmichael, Cassell, DeBose, Distel, Domenick, D. Evans, Fende, Hagan, Harwood, Hughes, Kearns, Key, Koziura, Law, Martin, Mason, Miller, Mitchell, T. Patton, Peterson, Schaffer, Schlichter, Schneider, Seitz, Setzer, G. Smith, J. Stewart, Walcher, White, Widowfield 

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A BILL

To amend sections 9.98, 105.41, 123.10, 125.28,

1

126.11, 131.02, 133.01, 145.011, 151.01, 151.04,

2

154.01, 154.02, 154.07, 755.16, 755.18, 2716.11,

3

3305.01, 3307.01, 3318.01, 3318.02, 3318.03,

4

3318.04, 3318.11, 3318.37, 3318.41, 3333.045,

5

3334.01, 3345.04, 3345.12, 3345.17, 3345.31,

6

3345.32, 3345.50, 3345.71, 3350.01, 3350.02,

7

3350.03, 3350.04, 3350.05, 3383.01, 3383.02,

8

3383.07, 3770.073, 5537.01, 5540.01, 5709.61,

9

5709.62, 5709.632, 5709.75, 5709.91, 5733.121, and

10

5747.12, to enact sections 105.42, 122.012,

11

123.17, 131.021, 154.23, 1541.23, 2743.712,

12

3301.21, 3333.072, 3345.51, 5715.70, and 5715.701,

13

and to repeal section 123.023 of the Revised Code

14

and to amend Sections 6 and 31 of Am. Sub. H.B. 95

15

of the 125th General Assembly, to amend Sections

16

89, 89.04, and 89.08 of Am. Sub. H.B. 95 of the

17

125th General Assembly, as amended by Am. Sub.

18

S.B. 189 of the 125th General Assembly, and to

19

amend Sections 18.02, 18.16, 22, 26.10, 26.14,

20

26.19, 26.23, 26.48, and 27 of Am. Sub. S.B. 189

21

of the 125th General Assembly to make capital and

22

other appropriations, to change the name of the

23

Medical College of Ohio at Toledo to the Medical

24

University of Ohio at Toledo, to amend the

25

versions of sections 3305.01 and 3307.01 of the

26

Revised Code that are scheduled to take effect

27

August 1, 2005, to continue the provisions of this

28

act on and after that effective date, and to

29

provide authorization and conditions for the

30

operation of state programs.

31

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

Section 1. That sections 9.98, 105.41, 123.10, 125.28,	32
126.11, 131.02, 133.01, 145.011, 151.01, 151.04, 154.01, 154.02,	33
154.07, 755.16, 755.18, 2716.11, 3305.01, 3307.01, 3318.01,	34
3318.02, 3318.03, 3318.04, 3318.11, 3318.37, 3318.41, 3333.045,	35
3334.01, 3345.04, 3345.12, 3345.17, 3345.31, 3345.32, 3345.50,	36
3345.71, 3350.01, 3350.02, 3350.03, 3350.04, 3350.05, 3383.01,	37
3383.02, 3383.07, 3770.073, 5537.01, 5540.01, 5709.61, 5709.62,	38
5709.632, 5709.75, 5709.91, 5733.121, and 5747.12 be amended and	39
sections 105.42, 122.012, 123.17, 131.021, 154.23, 1541.23,	40
2743.712, 3301.21, 3333.072, 3345.51, 5715.70, and 5715.701 of the	41
Revised Code be enacted to read as follows:	42

Sec. 9.98.  As used in sections 9.98 to 9.983 of the Revised	43
Code:	44

(A) "Absolute obligor" means the person, other than the	45
issuer, ultimately responsible under a loan agreement, lease, or	46
sale or installment sale agreement, or other contract with the	47
issuer to make payments necessary to provide adequate moneys to	48
meet the debt service on the bonds, whether or not such payments	49
are also provided for pursuant to a credit facility.	50

(B) "Administrative agent" means a bank, trust company, or	51
other person which has responsibility for authenticating,	52
delivering, or redeeming commercial paper on behalf of the issuer.	53

(C) "Agent" means, as applicable, one or more of the persons	54
who are administrative agents, indexing agents, remarketing	55
agents, or other persons having responsibility for performing	56
functions with respect to floating rate interest structures or put	57
arrangmentsarrangements.	58

(D) "Bonds" means bonds, notes, or other obligations	59
evidencing the borrowing of money, whether or not interest	60
bearing, or in coupon, registered, or book entry form, and	61
includes, as appropriate, coupons or interest, if any, pertaining	62
thereto.	63

(E) "Bond proceedings" means resolutions, ordinances, orders,	64
trust agreements, indentures, and bonds, loan, sale, or	65
installment sale agreements, agreements with administrative,	66
indexing, or remarketing agents, and agreements pertaining to	67
credit facilities, interest rate hedges, and put arrangements,	68
which authorize or provide for the terms, security, liquidity,	69
issuance, marketing, remarketing, delivery, carrying, redemption,	70
or payment of bonds issued or previously authorized to be issued,	71
or the investment of moneys pertaining to those bonds.	72

(F) "Commercial paper" means bonds with one or more	73
maturities of three hundred sixty-five days or less which, under	74
the bond proceedings, are expected to be funded by the issuance of	75
additional bonds with maturities of three hundred sixty-five days	76
or less, whether or not ultimately to be funded with long term	77
bonds.	78

(G) "Credit facility" means letters of credit, lines of	79
credit, stand-by, contingent, or firm bond purchase agreements,	80
insurance or surety arrangements, and guarantees, and other	81
arrangements which provide for direct payment of debt service on	82
bonds, for security or for additional security in the event of	83
nonpayment or default in respect of bonds, or for making payment	84
to bondholders under put arrangements, or for otherwise supporting	85
the credit or liquidity of the bonds, and includes credit,	86
reimbursement, subrogation, and other agreements and arrangements	87
for reimbursement, and security for the reimbursement, of the	88
person providing the credit facility.	89

(H) "Debt service" means the principal, interest, and	90
redemption premium payments, and any deposits pertaining thereto,	91
required with respect to bonds.	92

(I) "Floating rate interest structure" means provisions in	93
the bond proceedings whereby the interest rate or rates payable on	94
the bonds, or upon successive series of commercial paper, vary	95
from time to time pursuant to or in relation to an index provided	96
by an indexing agent or otherwise established, a formula, base,	97
publicly announced rate, yields on other obligations,	98
determinations of an agent, or any one or combination of the	99
foregoing, with or without approval or consent of the absolute	100
obligor or issuer as provided in the bond proceedings.	101

(J) "Indexing agent" means a person with responsibility for	102
establishing, adjusting and maintaining an index of interest rates	103
or yields for purposes of a floating rate interest structure.	104

(K) "Interest rate period" means that period of time during	105
which an interest rate or rates established under a floating rate	106
interest structure will pertain, which periods may be altered or	107
become fixed pursuant to the bond proceedings upon stated	108
occurrences or upon determination of the absolute obligor or	109
issuer.	110

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

111

(1) By which either:

112

(1)(a) The different interest costs or receipts at, between,	113
or among fixed interest rates and ator floating interest rates,	114
orincluding at different maturitiesfloating interest rates, are	115
exchanged on stated amounts of bonds or investments, or on	116
notional amounts; or	117

(2)(b) A party will pay interest costs in excess of an agreed	118
limitation; and	119

(2) Which also may include a requirement for the issuer to	120
issue bonds at a future date. This requirement shall be deemed to	121
be part of the bond proceedings at the time the interest rate	122
hedge is entered into. Issuance of bonds at a future date shall	123
not require further legislative action, but shall be a ministerial	124
act.	125

(M) "Issuer" means the state, political subdivision,	126
authority, commission, agency, officer, or other entity having	127
authority to issue bonds referred to in section 9.981 of the	128
Revised Code, and includes the body and officers authorized to act	129
for the issuer in the matter.	130

(N) "Put arrangement" means provisions in the bond	131
proceedings under which holders of the applicable bonds may	132
exercise an option, or are required, to surrender the bonds or	133
their ownership for an amount of payment previously established in	134
or pursuant to the bond proceedings, at times, which may, but need	135
not be, consistent with the ends of interest rate periods and	136
which may be altered with or without the approval or consent, or	137
upon the direction of, the absolute obligor or the issuer, as	138
provided for in the bond proceedings.	139

(O) "Remarketing agent" means the person having	140
responsibility for marketing or remarketing commercial paper or	141
bonds with put arrangements, which may include responsibility for	142
making recommendations or determinations as to prices or interest	143
rates.	144

Sec. 105.41.  (A) There is hereby created the capitol square	145
review and advisory board, consisting of eleventhirteen members	146
as follows:	147

(1) Two members of the senate, appointed by the president of	148
the senate, both of whom shall not be members of the same	149
political party;	150

(2) Two members of the house of representatives, appointed by	151
the speaker of the house of representatives, both of whom shall	152
not be members of the same political party;	153

(3) Five members appointed by the governor, with the advice	154
and consent of the senate, not more than three of whom shall be	155
members of the same political party, one of whom shall represent	156
the office of the state architect and engineer, one of whom shall	157
represent the Ohio arts council, one of whom shall represent the	158
Ohio historical society, one of whom shall represent the Ohio	159
building authority, and one of whom shall represent the public at	160
large;	161

(4) One member, who shall be a former president of the	162
senate, appointed by the current president of the senate. If the	163
current president of the senate, in the current president's	164
discretion, decides for any reason not to make the appointment or	165
if no person is eligible or available to serve, the seat shall	166
remain vacant.	167

(5) One member, who shall be a former speaker of the house of	168
representatives, appointed by the current speaker of the house of	169
representatives. If the current speaker of the house of	170
representatives, in the current speaker's discretion, decides for	171
any reason not to make the appointment or if no person is eligible	172
or available to serve, the seat shall remain vacant.	173

(6) The clerk of the senate and the clerk of the house of	174
representatives.	175

(B) Terms of office of each appointed member of the board	176
shall be for three years, except that members of the general	177
assembly appointed to the board shall be members of the board only	178
so long as they are members of the general assembly. Each member	179
shall hold office from the date of the member's appointment until	180
the end of the term for which the member was appointed. In case of	181
a vacancy occurring on the board, the president of the senate, the	182
speaker of the house of representatives, or the governor, as the	183
case may be, shall in the same manner prescribed for the regular	184
appointment to the commission, fill the vacancy by appointing a	185
member. Any member appointed to fill a vacancy occurring prior to	186
the expiration of the term for which the member's predecessor was	187
appointed shall hold office for the remainder of the term. Any	188
appointed member shall continue in office subsequent to the	189
expiration date of the member's term until the member's successor	190
takes office, or until a period of sixty days has elapsed,	191
whichever occurs first.	192

(C) The board shall hold meetings in a manner and at times	193
prescribed by the rules adopted by the board. A majority of the	194
board constitutes a quorum, and no action shall be taken by the	195
board unless approved by at least five votingsix members or by at	196
least six votingseven members if a person is appointed under	197
division (A)(4) or (5) of this section. At its first meeting, the	198
board shall adopt rules for the conduct of its business and the	199
election of its officers, and shall organize by selecting a	200
chairperson and other officers as it considers necessary. Board	201
members shall serve without compensation but shall be reimbursed	202
for actual and necessary expenses incurred in the performance of	203
their duties.	204

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

205

(1) Employ or hire on a consulting basis professional,	206
technical, and clerical employees as are necessary for the	207
performance of its duties;	208

(2) Hold public hearings at times and places as determined by	209
the board;	210

(3) Adopt, amend, or rescind rules necessary to accomplish	211
the duties of the board as set forth in this section;	212

(4) Sponsor, conduct, and support such social events as the	213
board may authorize and consider appropriate for the employees of	214
the board, employees and members of the general assembly,	215
employees of persons under contract with the board or otherwise	216
engaged to perform services on the premises of capitol square, or	217
other persons as the board may consider appropriate. Subject to	218
the requirements of Chapter 4303. of the Revised Code, the board	219
may provide beer, wine, and intoxicating liquor, with or without	220
charge, for those events and may use funds only from the sale of	221
goods and services fund to purchase the beer, wine, and	222
intoxicating liquor the board provides.	223

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

224

(1) Have sole authority to coordinate and approve any	225
improvements, additions, and renovations that are made to the	226
capitol square. The improvements shall include, but not be limited	227
to, the placement of monuments and sculpture on the capitol	228
grounds.	229

(2) Subject to section 3353.07 of the Revised Code, operate	230
the capitol square, and have sole authority to regulate all uses	231
of the capitol square. The uses shall include, but not be limited	232
to, the casual and recreational use of the capitol square.	233

(3) Employ, fix the compensation of, and prescribe the duties	234
of the executive director of the board and other employees the	235
board considers necessary for the performance of its powers and	236
duties;	237

(4) Establish and maintain the capitol collection trust. The	238
capitol collection trust shall consist of furniture, antiques, and	239
other items of personal property that the board shall store in	240
suitable facilities until they are ready to be placed in the	241
capitol square.	242

(5) Perform repair, construction, contracting, purchasing,	243
maintenance, supervisory, and operating activities the board	244
determines are necessary for the operation and maintenance of the	245
capitol square;	246

(6) Maintain and preserve the capitol square, in accordance	247
with guidelines issued by the United States secretary of the	248
interior for application of the secretary's standards for	249
rehabilitation adopted in 36 C.F.R. part 67.	250

(F)(1) The board shall lease capital facilities improved or	251
financed by the Ohio building authority pursuant to Chapter 152.	252
of the Revised Code for the use of the board, and may enter into	253
any other agreements with the authority ancillary to improvement,	254
financing, or leasing of those capital facilities, including, but	255
not limited to, any agreement required by the applicable bond	256
proceedings authorized by Chapter 152. of the Revised Code. Any	257
lease of capital facilities authorized by this section shall be	258
governed by division (D) of section 152.24 of the Revised Code.	259

(2) Fees, receipts, and revenues received by the board from	260
the state underground parking garage constitute available receipts	261
as defined in section 152.09 of the Revised Code, and may be	262
pledged to the payment of bond service charges on obligations	263
issued by the Ohio building authority pursuant to Chapter 152. of	264
the Revised Code to improve or finance capital facilities useful	265
to the board. The authority may, with the consent of the board,	266
provide in the bond proceedings for a pledge of all or a portion	267
of those fees, receipts, and revenues as the authority determines.	268
The authority may provide in the bond proceedings or by separate	269
agreement with the board for the transfer of those fees, receipts,	270
and revenues to the appropriate bond service fund or bond service	271
reserve fund as required to pay the bond service charges when due,	272
and any such provision for the transfer of those fees, receipts,	273
and revenues shall be controlling notwithstanding any other	274
provision of law pertaining to those fees, receipts, and revenues.	275

(3) All moneys received by the treasurer of state on account	276
of the board and required by the applicable bond proceedings or by	277
separate agreement with the board to be deposited, transferred, or	278
credited to the bond service fund or bond service reserve fund	279
established by the bond proceedings shall be transferred by the	280
treasurer of state to such fund, whether or not it is in the	281
custody of the treasurer of state, without necessity for further	282
appropriation, upon receipt of notice from the Ohio building	283
authority as prescribed in the bond proceedings.	284

(G) All fees, receipts, and revenues received by the board	285
from the state underground parking garage shall be deposited into	286
the state treasury to the credit of the underground parking garage	287
operating fund, which is hereby created, to be used for the	288
purposes specified in division (F) of this section and for the	289
operation and maintenance of the garage. All investment earnings	290
of the fund shall be credited to the fund.	291

(H) All donations received by the board shall be deposited	292
into the state treasury to the credit of the capitol square	293
renovation gift fund, which is hereby created. The fund shall be	294
used by the board as follows:	295

(1) To provide part or all of the funding related to	296
construction, goods, or services for the renovation of the capitol	297
square;	298

(2) To purchase art, antiques, and artifacts for display at	299
the capitol square;	300

(3) To award contracts or make grants to organizations for	301
educating the public regarding the historical background and	302
governmental functions of the capitol square. Chapters 125., 127.,	303
and 153. and section 3517.13 of the Revised Code do not apply to	304
purchases made exclusively from the fund, notwithstanding anything	305
to the contrary in those chapters or that section. All investment	306
earnings of the fund shall be credited to the fund.	307

(I) Except as provided in divisions (G), (H), and (J) of this	308
section, all fees, receipts, and revenues received by the board	309
shall be deposited into the state treasury to the credit of the	310
sale of goods and services fund, which is hereby created. Money	311
credited to the fund shall be used solely to pay costs of the	312
board other than those specified in divisions (F) and (G) of this	313
section. All investment earnings of the fund shall be credited to	314
the fund.	315

(J) There is hereby created in the state treasury the capitol	316
square improvement fund, to be used by the board to pay	317
construction, renovation, and other costs related to the capitol	318
square for which money is not otherwise available to the board.	319
Whenever the board determines that there is a need to incur those	320
costs and that the unencumbered, unobligated balance to the credit	321
of the underground parking garage operating fund exceeds the	322
amount needed for the purposes specified in division (F) of this	323
section and for the operation and maintenance of the garage, the	324
board may request the director of budget and management to	325
transfer from the underground parking garage operating fund to the	326
capitol square improvement fund the amount needed to pay such	327
construction, renovation, or other costs. The director then shall	328
transfer the amount needed from the excess balance of the	329
underground parking garage operating fund.	330

(K) As the operation and maintenance of the capitol square	331
constitute essential government functions of a public purpose, the	332
board shall not be required to pay taxes or assessments upon the	333
square, upon any property acquired or used by the board under this	334
section, or upon any income generated by the operation of the	335
square.	336

(L) As used in this section, "capitol square" means the	337
capitol building, senate building, capitol atrium, capitol	338
grounds, and the state underground parking garage.	339

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

340

Sec. 105.42.  Notwithstanding division (E) of section 105.41	341
of the Revised Code, the capitol square review and advisory board	342
shall not place or cause to be placed any artwork, artifact, bust,	343
memorial, monument, or other commemorative work in the hall or	344
gallery of the house of representatives or the senate, or in the	345
committee or other meeting rooms of the house of representatives	346
or the senate, without first obtaining the approval of the speaker	347
of the house of representatives or the speaker's designee, or of	348
the president of the senate or the president's designee, as	349
applicable. If so approved, the placement shall be made in	350
accordance with any conditions accompanying the approval.	351

Sec. 122.012.  The director of development may designate any	352
governmental entity as an agency of the state to act within a	353
specified region of the state for the purpose of creating and	354
preserving jobs and employment opportunities and financing	355
projects intended to create or preserve jobs and employment	356
opportunities. Any such designation shall be in addition to agency	357
designations made for such purpose by, or by the director pursuant	358
to, Section 56.09 of H.B. 298 of the 119th general assembly, the	359
provisions of which pertaining to such designations, and the	360
designations so made, remain in full force and effect as	361
continuing grants of authority. Each agency designated by or	362
pursuant to Section 56.09 of H.B. 298 of the 119th general	363
assembly or this section may exercise any statutory powers it has	364
under any other section of the Revised Code to accomplish the	365
purposes of this section within the agency's specified region. The	366
regions served by agencies shall not overlap. The director may	367
reduce, expand, or otherwise modify the region served by, or limit	368
the authority of, any such agency.	369

Sec. 123.10. (A) The director of administrative services	370
shall regulate the rate of tolls to be collected on the public	371
works of the state, and shall fix all rentals and collect all	372
tolls, rents, fines, commissions, fees, and other revenues arising	373
from any source in the public works, including the sale,	374
construction, purchase, or rental of property, except that the	375
director shall not collect a commission or fee from a real estate	376
broker or the private owner when real property is leased or rented	377
to the state.	378

(B) There is hereby created in the state treasury the state	379
architect's fund which shall consist of money received by the	380
department of administrative services under division (A) of this	381
section, fees paid under section 123.17 of the Revised Code,	382
transfers of money to the fund authorized by the general assembly,	383
and such amount of the investment earnings of the administrative	384
building fund created in division (C) of this section as the	385
director of budget and management determines to be appropriate and	386
in excess of the amounts required to meet estimated federal	387
arbitrage rebate requirements. Money in the fund shall be used by	388
the department of administrative services for the following	389
purposes:	390

(1) To pay personnel and other administrative expenses of the	391
department;	392

(2) To pay the cost of conducting evaluations of public	393
works;	394

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

395

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

396

(5) To pay the cost of operating the local administration	397
competency certification program prescribed by section 123.17 of	398
the Revised Code;	399

(6) Any other purposes that the director of administrative	400
services determines to be necessary for the department to execute	401
its duties under this chapter.	402

(C) There is hereby created in the state treasury the	403
administrative building fund which shall consist of proceeds of	404
obligations authorized to pay the cost of capital facilities.	405
Except as provided in division (B) of this section, all investment	406
earnings of the fund shall be credited to the fund. The fund shall	407
be used to pay the cost of capital facilities designated by or	408
pursuant to an act of the general assembly. The director of budget	409
and management shall approve and provide a voucher for payments of	410
amounts from the fund that represent the portion of investment	411
earnings to be rebated or to be paid to the federal government in	412
order to maintain the exclusion from gross income for federal	413
income tax purposes on interest on those obligations pursuant to	414
section 148(f) of the Internal Revenue Code.	415

As used in this division, "capital facilities" has the same	416
meaning as under section 152.09 of the Revised Code.	417

Sec. 123.17. (A) As used in this section, "institution of	418
higher education" means a state university or college, as defined	419
in section 3345.12 of the Revised Code, or a state community	420
college.	421

(B) The state architect shall establish a local	422
administration competency certification program to certify	423
institutions of higher education to administer capital facilities	424
projects pursuant to section 3345.51 of the Revised Code without	425
the supervision, control, or approval of the department of	426
administrative services. The program shall offer instruction in	427
the administration of capital facilities projects for employees of	428
institutions of higher education who are responsible for such	429
administration and who are selected by their employing	430
institutions to participate in the program.	431

(C) The program shall provide instruction about the	432
provisions of Chapters 9., 123., and 153. of the Revised Code and	433
any rules or policies adopted by the department regarding the	434
planning, design, and construction of capital facilities,	435
including all of the following:	436

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

437

(2) Contract requirements;

438

(3) Construction management;

439

(4) Project management.

440

(D) The state architect shall award local administration	441
competency certification to any institution of higher education if	442
all of the following apply:	443

(1) The institution applied for certification on a form and	444
in a manner prescribed by the state architect.	445

(2) The state architect determines that a sufficient number	446
of the institution's employees, representing a sufficient number	447
of employee classifications, responsible for the administration of	448
capital facilities projects has completed the certification	449
program to ensure that any capital facilities project undertaken	450
by the institution will be administered successfully and in	451
accordance with all provisions of the Revised Code, and the board	452
of trustees of the institution provides written assurance to the	453
state architect that the institution will select new employees to	454
participate in the certification program as necessary to	455
compensate for employee turnover.	456

(3) The state architect determines that the employees of the	457
institution enrolled in the program demonstrate a satisfactory	458
level of knowledge of and competency in the requirements for	459
administering capital facilities projects.	460

(4) The institution pays the fee prescribed by division (E)	461
of this section.	462

(5) The board of trustees of the institution provides written	463
assurance to the state architect that the institution will conduct	464
biennial audits of the institution's administration of capital	465
facilities projects in accordance with division (C) of section	466
3345.51 of the Revised Code.	467

(6) The board of trustees of the institution agrees in	468
writing to indemnify and hold harmless the state and the	469
department for any claim of injury, loss, or damage that results	470
from the institution's administration of a capital facilities	471
project.	472

(E) The state architect shall establish the amount of the fee	473
required to be paid by any institution of higher education that	474
seeks certification under this section. Any fees received under	475
this section shall be paid into the state treasury to the credit	476
of the state architect's fund established under section 123.10 of	477
the Revised Code.	478

(F) Nothing in this section shall prohibit an institution	479
that administers a capital facilities project under section	480
3345.51 of the Revised Code from requesting guidance or other	481
services from the department of administrative services.	482

Sec. 125.28. (A)(1) Each state agency that is supported in	483
whole or in part by nongeneral revenue fund money and that	484
occupies space in the James A. Rhodes or Frank J. Lausche state	485
office tower, Toledo government center, Senator Oliver R. Ocasek	486
government office building, Vern Riffe center for government and	487
the arts, state of Ohio computer center, capitol square, or	488
governor's mansion shall reimburse the general revenue fund for	489
the cost of occupying the space in the ratio that the occupied	490
space in each facility attributable to suchthe nongeneral revenue	491
fund money bears to the total space occupied by the state agency	492
in the facility.	493

(2) All agencies that occupy space in the old blind school or	494
the Ohio departments building or that occupy warehouse space in	495
the general services facility shall reimburse the department of	496
administrative services for the cost of occupying the space. The	497
director of administrative services shall determine the amount of	498
debt service, if any, to be charged to building tenants and shall	499
collect reimbursements for it.	500

(3) Each agency that is supported in whole or in part by	501
nongeneral revenue fund money and that occupies space in any other	502
facility or facilities owned and maintained by the department of	503
administrative services or space in the general services facility	504
other than warehouse space shall reimburse the department for the	505
cost of occupying the space, including debt service, if any, in	506
the ratio that the occupied space in each facility attributable to	507
suchthe nongeneral revenue fund money bears to the total space	508
occupied by the state agency in the facility.	509

(B) The director of administrative services may provide	510
building maintenance services and skilled trades services to any	511
state agency occupying space in a facility that is not owned by	512
the department of administrative services and may collect	513
reimbursements for the cost of providing suchthose services.	514

(C) All money collected by the department of administrative	515
services for operating expenses of facilities owned or maintained	516
by the department shall be deposited into the state treasury to	517
the credit of the building management fund, which is hereby	518
created. All money collected by the department for skilled trades	519
services shall be deposited into the state treasury to the credit	520
of the skilled trades fund, which is hereby created. All money	521
collected for debt service shall be deposited into the general	522
revenue fund.	523

(D) The director of administrative services shall determine	524
the reimbursable cost of space in state-owned or state-leased	525
facilities and shall collect reimbursements for that cost.	526

Sec. 126.11.  (A)(1) The director of budget and management	527
shall, upon consultation with the treasurer of state, coordinate	528
and approve the scheduling of initial sales of publicly offered	529
securities of the state and of publicly offered fractionalized	530
interests in or securitized issues of public obligations of the	531
state. The director shall from time to time develop and distribute	532
to state issuers an approved sale schedule for each of the	533
obligations covered by division (A) or (B) of this section.	534
Division (A) of this section applies only to those obligations on	535
which the state or a state agency is the direct obligor or obligor	536
on any backup security or related credit enhancement facility or	537
source of money subject to state appropriations that is intended	538
for payment of those obligations.	539

(2) The issuers of obligations pursuant to section 151.03,	540
151.04, 151.05, 151.07, 151.08, or 151.09 or Chapter 152. of the	541
Revised Code shall submit to the director:	542

(a) For review and approval: the projected sale date, amount,	543
and type of obligations proposed to be sold; their purpose,	544
security, and source of payment; and the proposed structure and	545
maturity schedule; and any credit enhancement facilities or	546
interest rate hedges for the obligations;	547

(b) For review and comment: the authorizing order or	548
resolution; preliminary and final offering documents; method of	549
sale; preliminary and final pricing information; and any written	550
reports or recommendations of financial advisors or consultants	551
relating to those obligations;	552

(c) Promptly after each sale of those obligations: final	553
terms, including sale price, maturity schedule and yields, and	554
sources and uses; names of the original purchasers or	555
underwriters; a copy of the final offering document and of the	556
transcript of proceedings; and any other pertinent information	557
requested by the director.	558

(3) The issuer of obligations pursuant to section 151.06,	559
151.08, or 151.40 or Chapter 154. of the Revised Code shall submit	560
to the director:	561

(a) For review and mutual agreement: the projected sale date,	562
amount, and type of obligations proposed to be sold; their	563
purpose, security, and source of payment; and the proposed	564
structure and maturity schedule; and any credit enhancement	565
facilities or interest rate hedges for the obligations;	566

(b) For review and comment: the authorizing order or	567
resolution; preliminary and final offering documents; method of	568
sale; preliminary and final pricing information; and any written	569
reports or recommendations of financial advisors or consultants	570
relating to those obligations;	571

(c) Promptly after each sale of those obligations: final	572
terms, including sale price, maturity schedule and yields, and	573
sources and uses; names of the original purchasers or	574
underwriters; a copy of the final offering document and of the	575
transcript of proceedings; and any other pertinent information	576
requested by the director.	577

(4) The issuers of obligations pursuant to Chapter 166.,	578
4981., 5540., or 6121., or section 5531.10, of the Revised Code	579
shall submit to the director:	580

(a) For review and comment: the projected sale date, amount,	581
and type of obligations proposed to be sold; the purpose,	582
security, and source of payment; and preliminary and final	583
offering documents;	584

(b) Promptly after each sale of those obligations: final	585
terms, including a maturity schedule; names of the original	586
purchasers or underwriters; a copy of the complete continuing	587
disclosure agreement pursuant to S.E.C. rule 15c2-12 or equivalent	588
rule as from time to time in effect; and any other pertinent	589
information requested by the director.	590

(5) Not later than thirty days after the end of a fiscal	591
year, each issuer of obligations subject to divisions (A) and (B)	592
of this section shall submit to the director and to the treasurer	593
of state a sale plan for the then current fiscal year for each	594
type of obligation, projecting the amount and term of each	595
issuance, the method of sale, and the month of sale.	596

(B) Issuers of obligations pursuant to section 3318.085 or	597
Chapter 175., 3366., 3706., 3737., 5537., 6121., or 6123. of the	598
Revised Code shall submit to the director copies of the	599
preliminary and final offering documents upon their availability	600
if not previously submitted pursuant to division (A) of this	601
section.	602

(C) Not later than the first day of January of each year,	603
every state agency obligated to make payments on outstanding	604
public obligations with respect to which fractionalized interests	605
have been publicly issued, such as certificates of participation,	606
shall submit a report to the director of the amounts payable from	607
state appropriations under those public obligations during the	608
then current and next two fiscal years, identifying the	609
appropriation or intended appropriation from which payment is	610
expected to be made.	611

(D)(1) Information relating generally to the historic,	612
current, or future demographics or economy or financial condition	613
or funds or general operations of the state, and descriptions of	614
any state contractual obligations relating to public obligations,	615
to be contained in any offering document, continuing disclosure	616
document, or written presentation prepared, approved, or provided,	617
or committed to be provided, by an issuer in connection with the	618
original issuance and sale of, or rating, remarketing, or credit	619
enhancement facilities relating to, public obligations referred to	620
in division (A) of this section shall be approved as to format and	621
accuracy by the director before being presented, published, or	622
disseminated in preliminary, draft, or final form, or publicly	623
filed in paper, electronic, or other format.	624

(2) Except for information described in division (D)(1) of	625
this section that is to be contained in an offering document,	626
continuing disclosure document, or written presentation, division	627
(D)(1) of this section does not inhibit direct communication	628
between an issuer and a rating agency, remarketing agent, or	629
credit enhancement provider concerning an issuance of public	630
obligations referred to in division (A) of this section or matters	631
associated with that issuance.	632

(3) The materials approved and provided pursuant to division	633
(D) of this section are the information relating to the particular	634
subjects provided by the state or state agencies that are required	635
or contemplated by any applicable state or federal securities laws	636
and any commitments by the state or state agencies made under	637
those laws. Reliance for the purpose should not be placed on any	638
other information publicly provided, in any format including	639
electronic, by any state agency for other purposes, including	640
general information provided to the public or to portions of the	641
public. A statement to that effect shall be included in those	642
materials so approved or provided.	643

(E) Issuers of obligations referred to in division (A) of	644
this section may take steps, by formal agreement, covenants in the	645
proceedings, or otherwise, as may be necessary or appropriate to	646
comply or permit compliance with applicable lawful disclosure	647
requirements relating to those obligations, and may, subject to	648
division (D) of this section, provide, make available, or file	649
copies of any required disclosure materials as necessary or	650
appropriate. Any such formal agreement or covenant relating to	651
subjects referred to in division (D) of this section, and any	652
description of that agreement or covenant to be contained in any	653
offering document, shall be approved by the director before being	654
entered into or published or publicly disseminated in preliminary,	655
draft, or final form or publicly filed in paper, electronic, or	656
other format. The director shall be responsible for making all	657
filings in compliance with those requirements relating to direct	658
obligations of the state, including fractionalized interests in	659
those obligations.	660

(F) No state agency or official shall, without the approval	661
of the director of budget and management, do either of the	662
following:	663

(1) Enter into or commit to enter into a public obligation	664
under which fractionalized interests in the payments are to be	665
publicly offered, which payments are anticipated to be made from	666
money from any source appropriated or to be appropriated by the	667
general assembly or in which the provision stated in section 9.94	668
of the Revised Code is not included;	669

(2) Except as otherwise expressly authorized for the purpose	670
by law, agree or commit to provide, from money from any source to	671
be appropriated in the future by the general assembly, financial	672
assistance to or participation in the costs of capital facilities,	673
or the payment of debt charges, directly or by way of a credit	674
enhancement facility, a reserve, rental payments, or otherwise, on	675
obligations issued to pay costs of capital facilities.	676

(G) As used in this section, "interest rate hedge" has the	677
same meaning as in section 9.98 of the Revised Code; "credit	678
enhancement facilities," "debt charges," "fractionalized interests	679
in public obligations," "obligor," "public issuer," and	680
"securities" have the same meanings as in section 133.01 of the	681
Revised Code; "public obligation" has the same meaning as in	682
division (GG)(2) of section 133.01 of the Revised Code;	683
"obligations" means securities or public obligations or	684
fractionalized interests in them; "issuers" means issuers of	685
securities or state obligors on public obligations; "offering	686
document" means an official statement, offering circular, private	687
placement memorandum, or prospectus, or similar document; and	688
"director" means the director of budget and management or the	689
employee of the office of budget and management designated by the	690
director for the purpose.	691

Sec. 131.02. (A) Whenever any amount is payable to the state,	692
the officer, employee, or agent responsible for administering the	693
law under which the amount is payable shall immediately proceed to	694
collect the amount or cause the amount to be collected and shall	695
pay the amount into the state treasury or into the appropriate	696
custodial fund in the manner set forth pursuant to section 113.08	697
of the Revised Code. If the amount is not paid within forty-five	698
days after payment is due, the officer, employee, or agent shall	699
certify the amount due to the attorney general, in the form and	700
manner prescribed by the attorney general, and notify the director	701
of budget and management thereof. The attorney general may assess	702
the collection cost to the amount certified in such manner and	703
amount as prescribed by the attorney general.	704

(B)(1) The attorney general shall give immediate notice by	705
mail or otherwise to the party indebted of the nature and amount	706
of the indebtedness.	707

(2) If the amount payable to this state arises from a tax	708
levied under Chapter 5733., 5739., 5741., or 5747. of the Revised	709
Code, the notice also shall specify all of the following:	710

(a) The assessment or case number;

711

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

712

(c) The reason for the liability, including, if applicable,	713
that a penalty or interest is due;	714

(d) An explanation of how and when interest will be added to	715
the amount assessed;	716

(e) That the attorney general and tax commissioner, acting	717
together, have the authority, but are not required, to compromise	718
the claim and accept payment over a reasonable time, if such	719
actions are in the best interest of the state.	720

(C) The attorney general shall collect the claim or secure a	721
judgment and issue an execution for its collection.	722

(D) Each claim shall bear interest, from the day on which the	723
claim became due, at the rate per annum required by section	724
5703.47 of the Revised Code.	725

(E) The attorney general and the chief officer of the agency	726
reporting a claim, acting together, may do any of the following if	727
such action is in the best interests of the state:	728

(1) Compromise the claim;

729

(2) Extend for a reasonable period the time for payment of	730
the claim by agreeing to accept monthly or other periodic	731
payments. The agreement may require security for payment of the	732
claim.	733

(3) Add fees to recover the cost of processing checks or	734
other draft instruments returned for insufficient funds and the	735
cost of providing electronic payment options.	736

(F)(1) Except as provided in division (F)(2) of this section,	737
if the attorney general finds, after investigation, that any claim	738
due and owing to the state is uncollectible, the attorney general,	739
with the consent of the chief officer of the agency reporting the	740
claim, may do the following:	741

(a) Sell, convey, or otherwise transfer the claim to one or	742
more private entities for collection;	743

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

744

(2) The attorney general shall cancel or cause to be	745
cancelled an unsatisfied claim on the date that is forty years	746
after the date the claim is certified.	747

Sec. 131.021. (A) As used in this section, "tax" means all	748
taxes and fees, including any penalties, additional charges, and	749
interest charges, administered by the tax commissioner. "Tax"	750
excludes any taxes and fees that are paid to a county auditor or	751
treasurer.	752

(B) Any pending tax liability that the commissioner	753
determines is owed to the state, but that is not final, may be	754
certified to the attorney general pursuant to, and for purposes	755
of, section 131.02 of the Revised Code if a party who may owe the	756
tax liability has filed for bankruptcy and the tax liability is a	757
prepetition bankruptcy debt. Nothing in this section and section	758
131.02 of the Revised Code shall make final, or alter the	759
procedures and processes the party must follow to appeal, a tax	760
liability that is pending appeal. The commissioner shall notify	761
the attorney general of any adjustments made to a pending tax	762
liability certified under section 131.02 of the Revised Code to	763
reflect the final tax liability.	764

Sec. 133.01.  As used in this chapter, in sections 9.95,	765
9.96, and 2151.655 of the Revised Code, in other sections of the	766
Revised Code that make reference to this chapter unless the	767
context does not permit, and in related proceedings, unless	768
otherwise expressly provided:	769

(A) "Acquisition" as applied to real or personal property	770
includes, among other forms of acquisition, acquisition by	771
exercise of a purchase option, and acquisition of interests in	772
property, including, without limitation, easements and	773
rights-of-way, and leasehold and other lease interests initially	774
extending or extendable for a period of at least sixty months.	775

(B) "Anticipatory securities" means securities, including	776
notes, issued in anticipation of the issuance of other securities.	777

(C) "Board of elections" means the county board of elections	778
of the county in which the subdivision is located. If the	779
subdivision is located in more than one county, "board of	780
elections" means the county board of elections of the county that	781
contains the largest portion of the population of the subdivision	782
or that otherwise has jurisdiction in practice over and	783
customarily handles election matters relating to the subdivision.	784

(D) "Bond retirement fund" means the bond retirement fund	785
provided for in section 5705.09 of the Revised Code, and also	786
means a sinking fund or any other special fund, regardless of the	787
name applied to it, established by or pursuant to law or the	788
proceedings for the payment of debt charges. Provision may be made	789
in the applicable proceedings for the establishment in a bond	790
retirement fund of separate accounts relating to debt charges on	791
particular securities, or on securities payable from the same or	792
common sources, and for the application of moneys in those	793
accounts only to specified debt charges on specified securities or	794
categories of securities. Subject to law and any provisions in the	795
applicable proceedings, moneys in a bond retirement fund or	796
separate account in a bond retirement fund may be transferred to	797
other funds and accounts.	798

(E) "Capitalized interest" means all or a portion of the	799
interest payable on securities from their date to a date stated or	800
provided for in the applicable legislation, which interest is to	801
be paid from the proceeds of the securities.	802

(F) "Chapter 133. securities" means securities authorized by	803
or issued pursuant to or in accordance with this chapter.	804

(G) "County auditor" means the county auditor of the county	805
in which the subdivision is located. If the subdivision is located	806
in more than one county, "county auditor" means the county auditor	807
of the county that contains the highest amount of the tax	808
valuation of the subdivision or that otherwise has jurisdiction in	809
practice over and customarily handles property tax matters	810
relating to the subdivision. In the case of a county that has	811
adopted a charter, "county auditor" means the officer who	812
generally has the duties and functions provided in the Revised	813
Code for a county auditor.	814

(H) "Credit enhancement facilities" means letters of credit,	815
lines of credit, stand-by, contingent, or firm securities purchase	816
agreements, insurance, or surety arrangements, guarantees, and	817
other arrangements that provide for direct or contingent payment	818
of debt charges, for security or additional security in the event	819
of nonpayment or default in respect of securities, or for making	820
payment of debt charges to and at the option and on demand of	821
securities holders or at the option of the issuer or upon certain	822
conditions occurring under put or similar arrangements, or for	823
otherwise supporting the credit or liquidity of the securities,	824
and includes credit, reimbursement, marketing, remarketing,	825
indexing, carrying, interest rate hedge, and subrogation	826
agreements, and other agreements and arrangements for payment and	827
reimbursement of the person providing the credit enhancement	828
facility and the security for that payment and reimbursement.	829

(I) "Current operating expenses" or "current expenses" means	830
the lawful expenditures of a subdivision, except those for	831
permanent improvements and for payments of debt charges of the	832
subdivision.	833

(J) "Debt charges" means the principal, including any	834
mandatory sinking fund deposits and mandatory redemption payments,	835
interest, and any redemption premium, payable on securities as	836
those payments come due and are payable. The use of "debt charges"	837
for this purpose does not imply that any particular securities	838
constitute debt within the meaning of the Ohio Constitution or	839
other laws.	840

(K) "Financing costs" means all costs and expenses relating	841
to the authorization, including any required election, issuance,	842
sale, delivery, authentication, deposit, custody, clearing,	843
registration, transfer, exchange, fractionalization, replacement,	844
payment, and servicing of securities, including, without	845
limitation, costs and expenses for or relating to publication and	846
printing, postage, delivery, preliminary and final official	847
statements, offering circulars, and informational statements,	848
travel and transportation, underwriters, placement agents,	849
investment bankers, paying agents, registrars, authenticating	850
agents, remarketing agents, custodians, clearing agencies or	851
corporations, securities depositories, financial advisory	852
services, certifications, audits, federal or state regulatory	853
agencies, accounting and computation services, legal services and	854
obtaining approving legal opinions and other legal opinions,	855
credit ratings, redemption premiums, and credit enhancement	856
facilities. Financing costs may be paid from any moneys available	857
for the purpose, including, unless otherwise provided in the	858
proceedings, from the proceeds of the securities to which they	859
relate and, as to future financing costs, from the same sources	860
from which debt charges on the securities are paid and as though	861
debt charges.	862

(L) "Fiscal officer" means the following, or, in the case of	863
absence or vacancy in the office, a deputy or assistant authorized	864
by law or charter to act in the place of the named officer, or if	865
there is no such authorization then the deputy or assistant	866
authorized by legislation to act in the place of the named officer	867
for purposes of this chapter, in the case of the following	868
subdivisions:	869

(1) A county, the county auditor;

870

(2) A municipal corporation, the city auditor or village	871
clerk or clerk-treasurer, or the officer who, by virtue of a	872
charter, has the duties and functions provided in the Revised Code	873
for the city auditor or village clerk or clerk-treasurer;	874

(3) A school district, the treasurer of the board of	875
education;	876

(4) A regional water and sewer district, the secretary of the	877
board of trustees;	878

(5) A joint township hospital district, the treasurer of the	879
district;	880

(6) A joint ambulance district, the clerk of the board of	881
trustees;	882

(7) A joint recreation district, the person designated	883
pursuant to section 755.15 of the Revised Code;	884

(8) A detention facility district or a district organized	885
under section 2151.65 of the Revised Code or a combined district	886
organized under sections 2152.41 and 2151.65 of the Revised Code,	887
the county auditor of the county designated by law to act as the	888
auditor of the district;	889

(9) A township, a fire district organized under division (C)	890
of section 505.37 of the Revised Code, or a township police	891
district, the clerk of the township;	892

(10) A joint fire district, the clerk of the board of	893
trustees of that district;	894

(11) A regional or county library district, the person	895
responsible for the financial affairs of that district;	896

(12) A joint solid waste management district, the fiscal	897
officer appointed by the board of directors of the district under	898
section 343.01 of the Revised Code;	899

(13) A joint emergency medical services district, the person	900
appointed as fiscal officer pursuant to division (D) of section	901
307.053 of the Revised Code;	902

(14) A fire and ambulance district, the person appointed as	903
fiscal officer under division (B) of section 505.375 of the	904
Revised Code;	905

(15) A subdivision described in division (MM)(17) of this	906
section, the officer who is designated by law as or performs the	907
functions of its chief fiscal officer.	908

(M) "Fiscal year" has the same meaning as in section 9.34 of	909
the Revised Code.	910

(N) "Fractionalized interests in public obligations" means	911
participations, certificates of participation, shares, or other	912
instruments or agreements, separate from the public obligations	913
themselves, evidencing ownership of interests in public	914
obligations or of rights to receive payments of, or on account of,	915
principal or interest or their equivalents payable by or on behalf	916
of an obligor pursuant to public obligations.	917

(O) "Fully registered securities" means securities in	918
certificated or uncertificated form, registered as to both	919
principal and interest in the name of the owner.	920

(P) "Fund" means to provide for the payment of debt charges	921
and expenses related to that payment at or prior to retirement by	922
purchase, call for redemption, payment at maturity, or otherwise.	923

(Q) "General obligation" means securities to the payment of	924
debt charges on which the full faith and credit and the general	925
property taxing power, including taxes within the tax limitation	926
if available to the subdivision, of the subdivision are pledged.	927

(R) "Interest" or "interest equivalent" means those payments	928
or portions of payments, however denominated, that constitute or	929
represent consideration for forbearing the collection of money, or	930
for deferring the receipt of payment of money to a future time.	931

(S) "Internal Revenue Code" means the "Internal Revenue Code	932
of 1986," 100 Stat. 2085, 26 U.S.C.A. 1 et seq., as amended, and	933
includes any laws of the United States providing for application	934
of that code.	935

(T) "Issuer" means any public issuer and any nonprofit	936
corporation authorized to issue securities for or on behalf of any	937
public issuer.	938

(U) "Legislation" means an ordinance or resolution passed by	939
a majority affirmative vote of the then members of the taxing	940
authority unless a different vote is required by charter	941
provisions governing the passage of the particular legislation by	942
the taxing authority.	943

(V) "Mandatory sinking fund redemption requirements" means	944
amounts required by proceedings to be deposited in a bond	945
retirement fund for the purpose of paying in any year or fiscal	946
year by mandatory redemption prior to stated maturity the	947
principal of securities that is due and payable, except for	948
mandatory prior redemption requirements as provided in those	949
proceedings, in a subsequent year or fiscal year.	950

(W) "Mandatory sinking fund requirements" means amounts	951
required by proceedings to be deposited in a year or fiscal year	952
in a bond retirement fund for the purpose of paying the principal	953
of securities that is due and payable in a subsequent year or	954
fiscal year.	955

(X) "Net indebtedness" has the same meaning as in division	956
(A) of section 133.04 of the Revised Code.	957

(Y) "Obligor," in the case of securities or fractionalized	958
interests in public obligations issued by another person the debt	959
charges or their equivalents on which are payable from payments	960
made by a public issuer, means that public issuer.	961

(Z) "One purpose" relating to permanent improvements means	962
any one permanent improvement or group or category of permanent	963
improvements for the same utility, enterprise, system, or project,	964
development or redevelopment project, or for or devoted to the	965
same general purpose, function, or use or for which	966
self-supporting securities, based on the same or different sources	967
of revenues, may be issued or for which special assessments may be	968
levied by a single ordinance or resolution. "One purpose"	969
includes, but is not limited to, in any case any off-street	970
parking facilities relating to another permanent improvement, and:	971

(1) Any number of roads, highways, streets, bridges,	972
sidewalks, and viaducts;	973

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

974

(3) In the case of a county, any number of permanent	975
improvements for courthouse, jail, county offices, and other	976
county buildings, and related facilities;	977

(4) In the case of a school district, any number of	978
facilities and buildings for school district purposes, and related	979
facilities.	980

(AA) "Outstanding," referring to securities, means securities	981
that have been issued, delivered, and paid for, except any of the	982
following:	983

(1) Securities canceled upon surrender, exchange, or	984
transfer, or upon payment or redemption;	985

(2) Securities in replacement of which or in exchange for	986
which other securities have been issued;	987

(3) Securities for the payment, or redemption or purchase for	988
cancellation prior to maturity, of which sufficient moneys or	989
investments, in accordance with the applicable legislation or	990
other proceedings or any applicable law, by mandatory sinking fund	991
redemption requirements, mandatory sinking fund requirements, or	992
otherwise, have been deposited, and credited for the purpose in a	993
bond retirement fund or with a trustee or paying or escrow agent,	994
whether at or prior to their maturity or redemption, and, in the	995
case of securities to be redeemed prior to their stated maturity,	996
notice of redemption has been given or satisfactory arrangements	997
have been made for giving notice of that redemption, or waiver of	998
that notice by or on behalf of the affected security holders has	999
been filed with the subdivision or its agent for the purpose.	1000

(BB) "Paying agent" means the one or more banks, trust	1001
companies, or other financial institutions or qualified persons,	1002
including an appropriate office or officer of the subdivision,	1003
designated as a paying agent or place of payment of debt charges	1004
on the particular securities.	1005

(CC) "Permanent improvement" or "improvement" means any	1006
property, asset, or improvement certified by the fiscal officer,	1007
which certification is conclusive, as having an estimated life or	1008
period of usefulness of five years or more, and includes, but is	1009
not limited to, real estate, buildings, and personal property and	1010
interests in real estate, buildings, and personal property,	1011
equipment, furnishings, and site improvements, and reconstruction,	1012
rehabilitation, renovation, installation, improvement,	1013
enlargement, and extension of property, assets, or improvements so	1014
certified as having an estimated life or period of usefulness of	1015
five years or more. The acquisition of all the stock ownership of	1016
a corporation is the acquisition of a permanent improvement to the	1017
extent that the value of that stock is represented by permanent	1018
improvements. A permanent improvement for parking, highway, road,	1019
and street purposes includes resurfacing, but does not include	1020
ordinary repair.	1021

(DD) "Person" has the same meaning as in section 1.59 of the	1022
Revised Code and also includes any federal, state, interstate,	1023
regional, or local governmental agency, any subdivision, and any	1024
combination of those persons.	1025

(EE) "Proceedings" means the legislation, certifications,	1026
notices, orders, sale proceedings, trust agreement or indenture,	1027
mortgage, lease, lease-purchase agreement, assignment, credit	1028
enhancement facility agreements, and other agreements,	1029
instruments, and documents, as amended and supplemented, and any	1030
election proceedings, authorizing, or providing for the terms and	1031
conditions applicable to, or providing for the security or sale or	1032
award of, public obligations, and includes the provisions set	1033
forth or incorporated in those public obligations and proceedings.	1034

(FF) "Public issuer" means any of the following that is	1035
authorized by law to issue securities or enter into public	1036
obligations:	1037

(1) The state, including an agency, commission, officer,	1038
institution, board, authority, or other instrumentality of the	1039
state;	1040

(2) A taxing authority, subdivision, district, or other local	1041
public or governmental entity, and any combination or consortium,	1042
or public division, district, commission, authority, department,	1043
board, officer, or institution, thereof;	1044

(3) Any other body corporate and politic, or other public	1045
entity.	1046

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

1047

(1) Securities;

1048

(2) Obligations of a public issuer to make payments under	1049
installment sale, lease, lease purchase, or similar agreements,	1050
which obligations bear interest or interest equivalent.	1051

(HH) "Refund" means to fund and retire outstanding	1052
securities, including advance refunding with or without payment or	1053
redemption prior to maturity.	1054

(II) "Register" means the books kept and maintained by the	1055
registrar for registration, exchange, and transfer of registered	1056
securities.	1057

(JJ) "Registrar" means the person responsible for keeping the	1058
register for the particular registered securities, designated by	1059
or pursuant to the proceedings.	1060

(KK) "Securities" means bonds, notes, certificates of	1061
indebtedness, commercial paper, and other instruments in writing,	1062
including, unless the context does not admit, anticipatory	1063
securities, issued by an issuer to evidence its obligation to	1064
repay money borrowed, or to pay interest, by, or to pay at any	1065
future time other money obligations of, the issuer of the	1066
securities, but not including public obligations described in	1067
division (GG)(2) of this section.	1068

(LL) "Self-supporting securities" means securities or	1069
portions of securities issued for the purpose of paying costs of	1070
permanent improvements to the extent that receipts of the	1071
subdivision, other than the proceeds of taxes levied by that	1072
subdivision, derived from or with respect to the improvements or	1073
the operation of the improvements being financed, or the	1074
enterprise, system, project, or category of improvements of which	1075
the improvements being financed are part, are estimated by the	1076
fiscal officer to be sufficient to pay the current expenses of	1077
that operation or of those improvements or enterprise, system,	1078
project, or categories of improvements and the debt charges	1079
payable from those receipts on securities issued for the purpose.	1080
Until such time as the improvements or increases in rates and	1081
charges have been in operation or effect for a period of at least	1082
six months, the receipts therefrom, for purposes of this	1083
definition, shall be those estimated by the fiscal officer, except	1084
that those receipts may include, without limitation, payments made	1085
and to be made to the subdivision under leases or agreements in	1086
effect at the time the estimate is made. In the case of an	1087
operation, improvements, or enterprise, system, project, or	1088
category of improvements without at least a six-month history of	1089
receipts, the estimate of receipts by the fiscal officer, other	1090
than those to be derived under leases and agreements then in	1091
effect, shall be confirmed by the taxing authority.	1092

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

1093

(1) A county, including a county that has adopted a charter	1094
under Article X, Ohio Constitution;	1095

(2) A municipal corporation, including a municipal	1096
corporation that has adopted a charter under Article XVIII, Ohio	1097
Constitution;	1098

(3) A school district;

1099

(4) A regional water and sewer district organized under	1100
Chapter 6119. of the Revised Code;	1101

(5) A joint township hospital district organized under	1102
section 513.07 of the Revised Code;	1103

(6) A joint ambulance district organized under section 505.71	1104
of the Revised Code;	1105

(7) A joint recreation district organized under division (C)	1106
of section 755.14 of the Revised Code;	1107

(8) A detention facility district organized under section	1108
2152.41, a district organized under section 2151.65, or a combined	1109
district organized under sections 2152.41 and 2151.65 of the	1110
Revised Code;	1111

(9) A township police district organized under section 505.48	1112
of the Revised Code;	1113

(10) A township;

1114

(11) A joint fire district organized under section 505.371 of	1115
the Revised Code;	1116

(12) A county library district created under section 3375.19	1117
or a regional library district created under section 3375.28 of	1118
the Revised Code;	1119

(13) A joint solid waste management district organized under	1120
section 343.01 or 343.012 of the Revised Code;	1121

(14) A joint emergency medical services district organized	1122
under section 307.052 of the Revised Code;	1123

(15) A fire and ambulance district organized under section	1124
505.375 of the Revised Code;	1125

(16) A fire district organized under division (C) of section	1126
505.37 of the Revised Code;	1127

(17) Any other political subdivision or taxing district or	1128
other local public body or agency authorized by this chapter or	1129
other laws to issue Chapter 133. securities.	1130

(NN) "Taxing authority" means in the case of the following	1131
subdivisions:	1132

(1) A county, a county library district, or a regional	1133
library district, the board or boards of county commissioners, or	1134
other legislative authority of a county that has adopted a charter	1135
under Article X, Ohio Constitution, but with respect to such a	1136
library district acting solely as agent for the board of trustees	1137
of that district;	1138

(2) A municipal corporation, the legislative authority;

1139

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

1140

(4) A regional water and sewer district, a joint ambulance	1141
district, a joint recreation district, a fire and ambulance	1142
district, or a joint fire district, the board of trustees of the	1143
district;	1144

(5) A joint township hospital district, the joint township	1145
hospital board;	1146

(6) A detention facility district or a district organized	1147
under section 2151.65 of the Revised Code, a combined district	1148
organized under sections 2152.41 and 2151.65 of the Revised Code,	1149
or a joint emergency medical services district, the joint board of	1150
county commissioners;	1151

(7) A township, a fire district organized under division (C)	1152
of section 505.37 of the Revised Code, or a township police	1153
district, the board of township trustees;	1154

(8) A joint solid waste management district organized under	1155
section 343.01 or 343.012 of the Revised Code, the board of	1156
directors of the district;	1157

(9) A subdivision described in division (MM)(17) of this	1158
section, the legislative or governing body or official.	1159

(OO) "Tax limitation" means the "ten-mill limitation" as	1160
defined in section 5705.02 of the Revised Code without diminution	1161
by reason of section 5705.313 of the Revised Code or otherwise,	1162
or, in the case of a municipal corporation or county with a	1163
different charter limitation on property taxes levied to pay debt	1164
charges on unvoted securities, that charter limitation. Those	1165
limitations shall be respectively referred to as the "ten-mill	1166
limitation" and the "charter tax limitation."	1167

(PP) "Tax valuation" means the aggregate of the valuations of	1168
property subject to ad valorem property taxation by the	1169
subdivision on the real property, personal property, and public	1170
utility property tax lists and duplicates most recently certified	1171
for collection, and shall be calculated without deductions of the	1172
valuations of otherwise taxable property exempt in whole or in	1173
part from taxation by reason of exemptions of certain amounts of	1174
taxable value under division (C) of section 5709.01 or section	1175
323.152 of the Revised Code, or similar laws now or in the future	1176
in effect.	1177

(QQ) "Year" means the calendar year.

1178

(RR) "Interest rate hedge" means any arrangement by which	1179
either:	1180

(1) The different interest costs or receipts at fixed	1181
interest rates and at floating interest rates, or at different	1182
maturities, are exchanged on stated amounts of bonds or	1183
investments, or on notional amounts;	1184

(2) A party will pay interest costs in excess of an agreed	1185
limitation.	1186

(SS) "Administrative agent," "agent," "commercial paper,"	1187
"floating rate interest structure," "indexing agent," "interest	1188
rate hedge," "interest rate period," "put arrangement," and	1189
"remarketing agent" have the same meanings as in section 9.98 of	1190
the Revised Code.	1191

(TT)(SS) "Sales tax supported" means obligations to the	1192
payment of debt charges on which an additional sales tax or	1193
additional sales taxes have been pledged by the taxing authority	1194
of a county pursuant to section 133.081 of the Revised Code.	1195

Sec. 145.011.  In addition to the membership of the public	1196
employees retirement system as prescribed in division (A) of	1197
section 145.01 of the Revised Code and notwithstanding Chapter	1198
3309. of the Revised Code, there shall be included in such	1199
membership all of the following:	1200

(A) The nonteaching employees of the Cleveland state	1201
university, the medical collegeuniversity of Ohio at Toledo, and	1202
the northeastern Ohio universities college of medicine;	1203

(B) Any person who elects to transfer from the school	1204
employees retirement system to the public employees retirement	1205
system under section 3309.312 of the Revised Code;	1206

(C) Any person who is employed full-time on or after the	1207
effective date of this amendmentSeptember 16, 1998, pursuant to	1208
section 3345.04 of the Revised Code by the university of Akron as	1209
a state university law enforcement officer.	1210

Such employees are included in the definition of member as	1211
used in Chapter 145. of the Revised Code. The universities and	1212
colleges shall be subject to the obligations imposed by Chapter	1213
145. of the Revised Code.	1214

Sec. 151.01.  (A) As used in sections 151.01 to 151.09 and	1215
151.40 of the Revised Code and in the applicable bond proceedings	1216
unless otherwise provided:	1217

(1) "Bond proceedings" means the resolutions, orders,	1218
agreements, and credit enhancement facilities, and amendments and	1219
supplements to them, or any one or more or combination of them,	1220
authorizing, awarding, or providing for the terms and conditions	1221
applicable to or providing for the security or liquidity of, the	1222
particular obligations, and the provisions contained in those	1223
obligations.	1224

(2) "Bond service fund" means the respective bond service	1225
fund created by section 151.03, 151.04, 151.05, 151.06, 151.07,	1226
151.08, 151.09, or 151.40 of the Revised Code, and any accounts in	1227
that fund, including all moneys and investments, and earnings from	1228
investments, credited and to be credited to that fund and accounts	1229
as and to the extent provided in the applicable bond proceedings.	1230

(3) "Capital facilities" means capital facilities or projects	1231
as referred to in section 151.03, 151.04, 151.05, 151.06, 151.07,	1232
151.08, 151.09, or 151.40 of the Revised Code.	1233

(4) "Costs of capital facilities" means the costs of	1234
acquiring, constructing, reconstructing, rehabilitating,	1235
remodeling, renovating, enlarging, improving, equipping, or	1236
furnishing capital facilities, and of the financing of those	1237
costs. "Costs of capital facilities" includes, without limitation,	1238
and in addition to costs referred to in section 151.03, 151.04,	1239
151.05, 151.06, 151.07, 151.08, 151.09, or 151.40 of the Revised	1240
Code, the cost of clearance and preparation of the site and of any	1241
land to be used in connection with capital facilities, the cost of	1242
any indemnity and surety bonds and premiums on insurance, all	1243
related direct administrative expenses and allocable portions of	1244
direct costs of the issuing authority, costs of engineering and	1245
architectural services, designs, plans, specifications, surveys,	1246
and estimates of cost, financing costs, interest on obligations	1247
from their date to the time when interest is to be paid from	1248
sources other than proceeds of obligations, amounts necessary to	1249
establish any reserves as required by the bond proceedings, the	1250
reimbursement of all moneys advanced or applied by or borrowed	1251
from any person or governmental agency or entity for the payment	1252
of any item of costs of capital facilities, and all other expenses	1253
necessary or incident to planning or determining feasibility or	1254
practicability with respect to capital facilities, and such other	1255
expenses as may be necessary or incident to the acquisition,	1256
construction, reconstruction, rehabilitation, remodeling,	1257
renovation, enlargement, improvement, equipment, and furnishing of	1258
capital facilities, the financing of those costs, and the placing	1259
of the capital facilities in use and operation, including any one,	1260
part of, or combination of those classes of costs and expenses.	1261

(5) "Credit enhancement facilities," "financing costs," and	1262
"interest" or "interest equivalent" have the same meanings as in	1263
section 133.01 of the Revised Code.	1264

(6) "Debt service" means principal, including any mandatory	1265
sinking fund or redemption requirements for retirement of	1266
obligations, interest and other accreted amounts, interest	1267
equivalent, and any redemption premium, payable on obligations. If	1268
not prohibited by the applicable bond proceedings, debt service	1269
may include costs relating to credit enhancement facilities that	1270
are related to and represent, or are intended to provide a source	1271
of payment of or limitation on, other debt service.	1272

(7) "Issuing authority" means the Ohio public facilities	1273
commission created in section 151.02 of the Revised Code for	1274
obligations issued under section 151.03, 151.04, 151.05, 151.07,	1275
151.08, or 151.09 of the Revised Code, or the treasurer of state,	1276
or the officer who by law performs the functions of that office,	1277
for obligations issued under section 151.06, 151.08, or 151.40 of	1278
the Revised Code.	1279

(8) "Net proceeds" means amounts received from the sale of	1280
obligations, excluding amounts used to refund or retire	1281
outstanding obligations, amounts required to be deposited into	1282
special funds pursuant to the applicable bond proceedings, and	1283
amounts to be used to pay financing costs.	1284

(9) "Obligations" means bonds, notes, or other evidences of	1285
obligation of the state, including any appertaining interest	1286
coupons, issued under Section 2k, 2l, 2m, 2n, 2o or 15 of Article	1287
VIII, Ohio Constitution, and pursuant to sections 151.01 to 151.09	1288
or 151.40 of the Revised Code or other general assembly	1289
authorization.	1290

(10) "Principal amount" means the aggregate of the amount as	1291
stated or provided for in the applicable bond proceedings as the	1292
amount on which interest or interest equivalent on particular	1293
obligations is initially calculated. Principal amount does not	1294
include any premium paid to the state by the initial purchaser of	1295
the obligations. "Principal amount" of a capital appreciation	1296
bond, as defined in division (C) of section 3334.01 of the Revised	1297
Code, means its face amount, and "principal amount" of a zero	1298
coupon bond, as defined in division (J) of section 3334.01 of the	1299
Revised Code, means the discounted offering price at which the	1300
bond is initially sold to the public, disregarding any purchase	1301
price discount to the original purchaser, if provided for pursuant	1302
to the bond proceedings.	1303

(11) "Special funds" or "funds," unless the context indicates	1304
otherwise, means the bond service fund, and any other funds,	1305
including any reserve funds, created under the bond proceedings	1306
and stated to be special funds in those proceedings, including	1307
moneys and investments, and earnings from investments, credited	1308
and to be credited to the particular fund. Special funds do not	1309
include the school building program assistance fund created by	1310
section 3318.25 of the Revised Code, the higher education	1311
improvement fund created by division (F) of section 154.21 of the	1312
Revised Code, the highway capital improvement bond fund created by	1313
section 5528.53 of the Revised Code, the state parks and natural	1314
resources fund created by section 1557.02 of the Revised Code, the	1315
coal research and development fund created by section 1555.15 of	1316
the Revised Code, the clean Ohio conservation fund created by	1317
section 164.27 of the Revised Code, the clean Ohio revitalization	1318
fund created by section 122.658 of the Revised Code, or other	1319
funds created by the bond proceedings that are not stated by those	1320
proceedings to be special funds.	1321

(B) Subject to Section 2l, 2m, 2n, 2o, or 15, and Section 17,	1322
of Article VIII, Ohio Constitution, the state, by the issuing	1323
authority, is authorized to issue and sell, as provided in	1324
sections 151.03 to 151.09 or 151.40 of the Revised Code, and in	1325
respective aggregate principal amounts as from time to time	1326
provided or authorized by the general assembly, general	1327
obligations of this state for the purpose of paying costs of	1328
capital facilities or projects identified by or pursuant to	1329
general assembly action.	1330

(C) Each issue of obligations shall be authorized by	1331
resolution or order of the issuing authority. The bond proceedings	1332
shall provide for or authorize the manner for determining the	1333
principal amount or maximum principal amount of obligations of an	1334
issue, the principal maturity or maturities, the interest rate or	1335
rates, the date of and the dates of payment of interest on the	1336
obligations, their denominations, and the place or places of	1337
payment of debt service which may be within or outside the state.	1338
Unless otherwise provided by law, the latest principal maturity	1339
may not be later than the earlier of the thirty-first day of	1340
December of the twenty-fifth calendar year after the year of	1341
issuance of the particular obligations or of the twenty-fifth	1342
calendar year after the year in which the original obligation to	1343
pay was issued or entered into. Sections 9.96, 9.98, 9.981, 9.982,	1344
and 9.983 of the Revised Code apply to obligations. The purpose of	1345
the obligations may be stated in the bond proceedings in general	1346
terms, such as, as applicable, "financing or assisting in the	1347
financing of projects as provided in Section 2l of Article VIII,	1348
Ohio Constitution," "financing or assisting in the financing of	1349
highway capital improvement projects as provided in Section 2m of	1350
Article VIII, Ohio Constitution," "paying costs of capital	1351
facilities for a system of common schools throughout the state as	1352
authorized by Section 2n of Article VIII, Ohio Constitution,"	1353
"paying costs of capital facilities for state-supported and	1354
state-assisted institutions of higher education as authorized by	1355
Section 2n of Article VIII, Ohio Constitution," "paying costs of	1356
coal research and development as authorized by Section 15 of	1357
Article VIII, Ohio Constitution," "financing or assisting in the	1358
financing of local subdivision capital improvement projects as	1359
authorized by Section 2m of Article VIII, Ohio Constitution,"	1360
"paying costs of conservation projects as authorized by Section 2o	1361
of Article VIII, Ohio Constitution," or "paying costs of	1362
revitalization projects as authorized by Section 2o of Article	1363
VIII, Ohio Constitution."	1364

(D) The issuing authority may appoint or provide for the	1365
appointment of paying agents, bond registrars, securities	1366
depositories, clearing corporations, and transfer agents, and may	1367
without need for any other approval retain or contract for the	1368
services of underwriters, investment bankers, financial advisers,	1369
accounting experts, marketing, remarketing, indexing, and	1370
administrative agents, other consultants, and independent	1371
contractors, including printing services, as are necessary in the	1372
judgment of the issuing authority to carry out the issuing	1373
authority's functions under this chapter. When the issuing	1374
authority is the Ohio public facilities commission, the issuing	1375
authority also may without need for any other approval retain or	1376
contract for the services of attorneys and other professionals for	1377
that purpose. Financing costs are payable, as may be provided in	1378
the bond proceedings, from the proceeds of the obligations, from	1379
special funds, or from other moneys available for the purpose.	1380

(E) The bond proceedings may contain additional provisions	1381
customary or appropriate to the financing or to the obligations or	1382
to particular obligations including, but not limited to,	1383
provisions for:	1384

(1) The redemption of obligations prior to maturity at the	1385
option of the state or of the holder or upon the occurrence of	1386
certain conditions, and at particular price or prices and under	1387
particular terms and conditions;	1388

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

1389

(3) The establishment, deposit, investment, and application	1390
of special funds, and the safeguarding of moneys on hand or on	1391
deposit, in lieu of the applicability of provisions of Chapter	1392
131. or 135. of the Revised Code, but subject to any special	1393
provisions of sections 151.01 to 151.09 or 151.40 of the Revised	1394
Code with respect to the application of particular funds or	1395
moneys. Any financial institution that acts as a depository of any	1396
moneys in special funds or other funds under the bond proceedings	1397
may furnish indemnifying bonds or pledge securities as required by	1398
the issuing authority.	1399

(4) Any or every provision of the bond proceedings being	1400
binding upon the issuing authority and upon such governmental	1401
agency or entity, officer, board, commission, authority, agency,	1402
department, institution, district, or other person or body as may	1403
from time to time be authorized to take actions as may be	1404
necessary to perform all or any part of the duty required by the	1405
provision;	1406

(5) The maintenance of each pledge or instrument comprising	1407
part of the bond proceedings until the state has fully paid or	1408
provided for the payment of the debt service on the obligations or	1409
met other stated conditions;	1410

(6) In the event of default in any payments required to be	1411
made by the bond proceedings, or by any other agreement of the	1412
issuing authority made as part of a contract under which the	1413
obligations were issued or secured, including a credit enhancement	1414
facility, the enforcement of those payments by mandamus, a suit in	1415
equity, an action at law, or any combination of those remedial	1416
actions;	1417

(7) The rights and remedies of the holders or owners of	1418
obligations or of book-entry interests in them, and of third	1419
parties under any credit enhancement facility, and provisions for	1420
protecting and enforcing those rights and remedies, including	1421
limitations on rights of individual holders or owners;	1422

(8) The replacement of mutilated, destroyed, lost, or stolen	1423
obligations;	1424

(9) The funding, refunding, or advance refunding, or other	1425
provision for payment, of obligations that will then no longer be	1426
outstanding for purposes of this section or of the applicable bond	1427
proceedings;	1428

(10) Amendment of the bond proceedings;

1429

(11) Any other or additional agreements with the owners of	1430
obligations, and such other provisions as the issuing authority	1431
determines, including limitations, conditions, or qualifications,	1432
relating to any of the foregoing.	1433

(F) The great seal of the state or a facsimile of it may be	1434
affixed to or printed on the obligations. The obligations	1435
requiring execution by or for the issuing authority shall be	1436
signed as provided in the bond proceedings. Any obligations may be	1437
signed by the individual who on the date of execution is the	1438
authorized signer although on the date of these obligations that	1439
individual is not an authorized signer. In case the individual	1440
whose signature or facsimile signature appears on any obligation	1441
ceases to be an authorized signer before delivery of the	1442
obligation, that signature or facsimile is nevertheless valid and	1443
sufficient for all purposes as if that individual had remained the	1444
authorized signer until delivery.	1445

(G) Obligations are investment securities under Chapter 1308.	1446
of the Revised Code. Obligations may be issued in bearer or in	1447
registered form, registrable as to principal alone or as to both	1448
principal and interest, or both, or in certificated or	1449
uncertificated form, as the issuing authority determines.	1450
Provision may be made for the exchange, conversion, or transfer of	1451
obligations and for reasonable charges for registration, exchange,	1452
conversion, and transfer. Pending preparation of final	1453
obligations, the issuing authority may provide for the issuance of	1454
interim instruments to be exchanged for the final obligations.	1455

(H) Obligations may be sold at public sale or at private	1456
sale, in such manner, and at such price at, above or below par,	1457
all as determined by and provided by the issuing authority in the	1458
bond proceedings.	1459

(I) Except to the extent that rights are restricted by the	1460
bond proceedings, any owner of obligations or provider of a credit	1461
enhancement facility may by any suitable form of legal proceedings	1462
protect and enforce any rights relating to obligations or that	1463
facility under the laws of this state or granted by the bond	1464
proceedings. Those rights include the right to compel the	1465
performance of all applicable duties of the issuing authority and	1466
the state. Each duty of the issuing authority and that authority's	1467
officers, staff, and employees, and of each state entity or	1468
agency, or using district or using institution, and its officers,	1469
members, staff, or employees, undertaken pursuant to the bond	1470
proceedings, is hereby established as a duty of the entity or	1471
individual having authority to perform that duty, specifically	1472
enjoined by law and resulting from an office, trust, or station	1473
within the meaning of section 2731.01 of the Revised Code. The	1474
individuals who are from time to time the issuing authority,	1475
members or officers of the issuing authority, or those members'	1476
designees acting pursuant to section 154.02 of the Revised Code,	1477
or the issuing authority's officers, staff, or employees, are not	1478
liable in their personal capacities on any obligations or	1479
otherwise under the bond proceedings.	1480

(J)(1) Subject to Section 2k, 2l, 2m, 2n, 2o, or 15, and	1481
Section 17, of Article VIII, Ohio Constitution and sections 151.01	1482
to 151.09 or 151.40 of the Revised Code, the issuing authority	1483
may, in addition to the authority referred to in division (B) of	1484
this section, authorize and provide for the issuance of:	1485

(a) Obligations in the form of bond anticipation notes, and	1486
may provide for the renewal of those notes from time to time by	1487
the issuance of new notes. The holders of notes or appertaining	1488
interest coupons have the right to have debt service on those	1489
notes paid solely from the moneys and special funds that are or	1490
may be pledged to that payment, including the proceeds of bonds or	1491
renewal notes or both, as the issuing authority provides in the	1492
bond proceedings authorizing the notes. Notes may be additionally	1493
secured by covenants of the issuing authority to the effect that	1494
the issuing authority and the state will do all things necessary	1495
for the issuance of bonds or renewal notes in such principal	1496
amount and upon such terms as may be necessary to provide moneys	1497
to pay when due the debt service on the notes, and apply their	1498
proceeds to the extent necessary, to make full and timely payment	1499
of debt service on the notes as provided in the applicable bond	1500
proceedings. In the bond proceedings authorizing the issuance of	1501
bond anticipation notes the issuing authority shall set forth for	1502
the bonds anticipated an estimated schedule of annual principal	1503
payments the latest of which shall be no later than provided in	1504
division (C) of this section. While the notes are outstanding	1505
there shall be deposited, as shall be provided in the bond	1506
proceedings for those notes, from the sources authorized for	1507
payment of debt service on the bonds, amounts sufficient to pay	1508
the principal of the bonds anticipated as set forth in that	1509
estimated schedule during the time the notes are outstanding,	1510
which amounts shall be used solely to pay the principal of those	1511
notes or of the bonds anticipated.	1512

(b) Obligations for the refunding, including funding and	1513
retirement, and advance refunding with or without payment or	1514
redemption prior to maturity, of any obligations previously	1515
issued. Refunding obligations may be issued in amounts sufficient	1516
to pay or to provide for repayment of the principal amount,	1517
including principal amounts maturing prior to the redemption of	1518
the remaining prior obligations, any redemption premium, and	1519
interest accrued or to accrue to the maturity or redemption date	1520
or dates, payable on the prior obligations, and related financing	1521
costs and any expenses incurred or to be incurred in connection	1522
with that issuance and refunding. Subject to the applicable bond	1523
proceedings, the portion of the proceeds of the sale of refunding	1524
obligations issued under division (J)(1)(b) of this section to be	1525
applied to debt service on the prior obligations shall be credited	1526
to an appropriate separate account in the bond service fund and	1527
held in trust for the purpose by the issuing authority or by a	1528
corporate trustee. Obligations authorized under this division	1529
shall be considered to be issued for those purposes for which the	1530
prior obligations were issued.	1531

(2) Except as otherwise provided in sections 151.01 to 151.09	1532
or 151.40 of the Revised Code, bonds or notes authorized pursuant	1533
to division (J) of this section are subject to the provisions of	1534
those sections pertaining to obligations generally.	1535

(3) The principal amount of refunding or renewal obligations	1536
issued pursuant to division (J) of this section shall be in	1537
addition to the amount authorized by the general assembly as	1538
referred to in division (B) of the following sections: section	1539
151.03, 151.04, 151.05, 151.06, 151.07, 151.08, 151.09, or 151.40	1540
of the Revised Code.	1541

(K) Obligations are lawful investments for banks, savings and	1542
loan associations, credit union share guaranty corporations, trust	1543
companies, trustees, fiduciaries, insurance companies, including	1544
domestic for life and domestic not for life, trustees or other	1545
officers having charge of sinking and bond retirement or other	1546
special funds of the state and political subdivisions and taxing	1547
districts of this state, the sinking fund, the administrator of	1548
workers' compensation subject to the approval of the workers'	1549
compensation board, the state teachers retirement system, the	1550
public employees retirement system, the school employees	1551
retirement system, and the Ohio police and fire pension fund,	1552
notwithstanding any other provisions of the Revised Code or rules	1553
adopted pursuant to those provisions by any state agency with	1554
respect to investments by them, and are also acceptable as	1555
security for the repayment of the deposit of public moneys. The	1556
exemptions from taxation in Ohio as provided for in particular	1557
sections of the Ohio Constitution and section 5709.76 of the	1558
Revised Code apply to the obligations.	1559

(L)(1) Unless otherwise provided or provided for in any	1560
applicable bond proceedings, moneys to the credit of or in a	1561
special fund shall be disbursed on the order of the issuing	1562
authority. No such order is required for the payment, from the	1563
bond service fund or other special fund, when due of debt service	1564
or required payments under credit enhancement facilities.	1565

(2) Payments received by the state under interest rate hedges	1566
entered into as credit enhancement facilities under this chapter	1567
shall be deposited to the credit of the bond service fund for the	1568
obligations to which those credit enhancement facilities relate.	1569

(M) The full faith and credit, revenue, and taxing power of	1570
the state are and shall be pledged to the timely payment of debt	1571
service on outstanding obligations as it comes due, all in	1572
accordance with Section 2k, 2l, 2m, 2n, 2o, or 15 of Article VIII,	1573
Ohio Constitution, and section 151.03, 151.04, 151.05, 151.06,	1574
151.07, 151.08, or 151.09 of the Revised Code. Moneys referred to	1575
in Section 5a of Article XII, Ohio Constitution, may not be	1576
pledged or used for the payment of debt service except on	1577
obligations referred to in section 151.06 of the Revised Code. Net	1578
state lottery proceeds, as provided for and referred to in section	1579
3770.06 of the Revised Code, may not be pledged or used for the	1580
payment of debt service except on obligations referred to in	1581
section 151.03 of the Revised Code. The state covenants, and that	1582
covenant shall be controlling notwithstanding any other provision	1583
of law, that the state and the applicable officers and agencies of	1584
the state, including the general assembly, shall, so long as any	1585
obligations are outstanding in accordance with their terms,	1586
maintain statutory authority for and cause to be levied, collected	1587
and applied sufficient pledged excises, taxes, and revenues of the	1588
state so that the revenues shall be sufficient in amounts to pay	1589
debt service when due, to establish and maintain any reserves and	1590
other requirements, and to pay financing costs, including costs of	1591
or relating to credit enhancement facilities, all as provided for	1592
in the bond proceedings. Those excises, taxes, and revenues are	1593
and shall be deemed to be levied and collected, in addition to the	1594
purposes otherwise provided for by law, to provide for the payment	1595
of debt service and financing costs in accordance with sections	1596
151.01 to 151.09 of the Revised Code and the bond proceedings.	1597

(N) The general assembly may from time to time repeal or	1598
reduce any excise, tax, or other source of revenue pledged to the	1599
payment of the debt service pursuant to Section 2k, 2l, 2m, 2n,	1600
2o, or 15 of Article VIII, Ohio Constitution, and sections 151.01	1601
to 151.09 or 151.40 of the Revised Code, and may levy, collect and	1602
apply any new or increased excise, tax, or revenue to meet the	1603
pledge, to the payment of debt service on outstanding obligations,	1604
of the state's full faith and credit, revenue and taxing power, or	1605
of designated revenues and receipts, except fees, excises or taxes	1606
referred to in Section 5a of Article XII, Ohio Constitution, for	1607
other than obligations referred to in section 151.06 of the	1608
Revised Code and except net state lottery proceeds for other than	1609
obligations referred to in section 151.03 of the Revised Code.	1610
Nothing in division (N) of this section authorizes any impairment	1611
of the obligation of this state to levy and collect sufficient	1612
excises, taxes, and revenues to pay debt service on obligations	1613
outstanding in accordance with their terms.	1614

(O) Each bond service fund is a trust fund and is hereby	1615
pledged to the payment of debt service on the applicable	1616
obligations. Payment of that debt service shall be made or	1617
provided for by the issuing authority in accordance with the bond	1618
proceedings without necessity for any act of appropriation. The	1619
bond proceedings may provide for the establishment of separate	1620
accounts in the bond service fund and for the application of those	1621
accounts only to debt service on specific obligations, and for	1622
other accounts in the bond service fund within the general	1623
purposes of that fund.	1624

(P) Subject to the bond proceedings pertaining to any	1625
obligations then outstanding in accordance with their terms, the	1626
issuing authority may in the bond proceedings pledge all, or such	1627
portion as the issuing authority determines, of the moneys in the	1628
bond service fund to the payment of debt service on particular	1629
obligations, and for the establishment and maintenance of any	1630
reserves for payment of particular debt service.	1631

(Q) The issuing authority shall by the fifteenth day of July	1632
of each fiscal year, certify or cause to be certified to the	1633
office of budget and management the total amount of moneys	1634
required during the current fiscal year to meet in full all debt	1635
service on the respective obligations and any related financing	1636
costs payable from the applicable bond service fund and not from	1637
the proceeds of refunding or renewal obligations. The issuing	1638
authority shall make or cause to be made supplemental	1639
certifications to the office of budget and management for each	1640
debt service payment date and at such other times during each	1641
fiscal year as may be provided in the bond proceedings or	1642
requested by that office. Debt service, costs of credit	1643
enhancement facilities, and other financing costs shall be set	1644
forth separately in each certification. If and so long as the	1645
moneys to the credit of the bond service fund, together with any	1646
other moneys available for the purpose, are insufficient to meet	1647
in full all payments when due of the amount required as stated in	1648
the certificate or otherwise, the office of budget and management	1649
shall at the times as provided in the bond proceedings, and	1650
consistent with any particular provisions in sections 151.03 to	1651
151.09 and 151.40 of the Revised Code, transfer a sufficient	1652
amount to the bond service fund from the pledged revenues in the	1653
case of obligations issued pursuant to section 151.40 of the	1654
Revised Code, and in the case of other obligations from the	1655
revenues derived from excises, taxes, and other revenues,	1656
including net state lottery proceeds in the case of obligations	1657
referred to in section 151.03 of the Revised Code.	1658

(R) Unless otherwise provided in any applicable bond	1659
proceedings, moneys to the credit of special funds may be invested	1660
by or on behalf of the state only in one or more of the following:	1661

(1) Notes, bonds, or other direct obligations of the United	1662
States or of any agency or instrumentality of the United States,	1663
or in no-front-end-load money market mutual funds consisting	1664
exclusively of those obligations, or in repurchase agreements,	1665
including those issued by any fiduciary, secured by those	1666
obligations, or in collective investment funds consisting	1667
exclusively of those obligations;	1668

(2) Obligations of this state or any political subdivision of	1669
this state;	1670

(3) Certificates of deposit of any national bank located in	1671
this state and any bank, as defined in section 1101.01 of the	1672
Revised Code, subject to inspection by the superintendent of	1673
financial institutions;	1674

(4) The treasurer of state's pooled investment program under	1675
section 135.45 of the Revised Code.	1676

The income from investments referred to in division (R) of	1677
this section shall, unless otherwise provided in sections 151.01	1678
to 151.09 or 151.40 of the Revised Code, be credited to special	1679
funds or otherwise as the issuing authority determines in the bond	1680
proceedings. Those investments may be sold or exchanged at times	1681
as the issuing authority determines, provides for, or authorizes.	1682

(S) The treasurer of state shall have responsibility for	1683
keeping records, making reports, and making payments, relating to	1684
any arbitrage rebate requirements under the applicable bond	1685
proceedings.	1686

Sec. 151.04.  This section applies to obligations as defined	1687
in this section.	1688

(A) As used in this section:

1689

(1) "Costs of capital facilities" include related direct	1690
administrative expenses and allocable portions of direct costs of	1691
the using institution.	1692

(2) "Obligations" means obligations as defined in section	1693
151.01 of the Revised Code issued to pay costs of capital	1694
facilities for state-supported or state-assisted institutions of	1695
higher education.	1696

(3) "State-supported or state-assisted institutions of higher	1697
education" means a state university or college, or community	1698
college district, technical college district, university branch	1699
district, or state community college, or other institution for	1700
education, including technical education, beyond the high school,	1701
receiving state support or assistance for its expenses of	1702
operation. "State university or college" means each of the state	1703
universities identified in section 3345.011 of the Revised Code,	1704
the northeastern Ohio universities college of medicine, and the	1705
medical collegeuniversity of Ohio at Toledo.	1706

(4) "Using institution" means the state-supported or	1707
state-assisted institution of higher education, or two or more	1708
institutions acting jointly, that are the ultimate users of	1709
capital facilities for state-supported and state-assisted	1710
institutions of higher education financed with net proceeds of	1711
obligations.	1712

(B) The issuing authority shall issue obligations to pay	1713
costs of capital facilities for state-supported and state-assisted	1714
institutions of higher education pursuant to Section 2n of Article	1715
VIII, Ohio Constitution, section 151.01 of the Revised Code, and	1716
this section.	1717

(C) Net proceeds of obligations shall be deposited into the	1718
higher education improvement fund created by division (F) of	1719
section 154.21 of the Revised Code.	1720

(D) There is hereby created in the state treasury the "higher	1721
education capital facilities bond service fund." All moneys	1722
received by the state and required by the bond proceedings,	1723
consistent with sections 151.01 and 151.04 of the Revised Code, to	1724
be deposited, transferred, or credited to the bond service fund,	1725
and all other moneys transferred or allocated to or received for	1726
the purposes of that fund, shall be deposited and credited to the	1727
bond service fund, subject to any applicable provisions of the	1728
bond proceedings but without necessity for any act of	1729
appropriation. During the period beginning with the date of the	1730
first issuance of obligations and continuing during the time that	1731
any obligations are outstanding in accordance with their terms, so	1732
long as moneys in the bond service fund are insufficient to pay	1733
debt service when due on those obligations payable from that fund	1734
(except the principal amounts of bond anticipation notes payable	1735
from the proceeds of renewal notes or bonds anticipated) and due	1736
in the particular fiscal year, a sufficient amount of revenues of	1737
the state is committed and, without necessity for further act of	1738
appropriation, shall be paid to the bond service fund for the	1739
purpose of paying that debt service when due.	1740

Sec. 154.01.  As used in Chapter 154. of the Revised Code	1741
this chapter:	1742

(A) "Commission" means the Ohio public facilities commission	1743
created in section 151.02 of the Revised Code.	1744

(B) "Obligations" means bonds, notes, or other evidences of	1745
obligation, including interest coupons pertaining thereto, issued	1746
pursuant to Chapter 154. of the Revised Code.	1747

(C) "Bond proceedings" means the order or orders, resolution	1748
or resolutions, trust agreement, indenture, lease, and other	1749
agreements, amendments and supplements to the foregoing, or any	1750
combination thereof, authorizing or providing for the terms and	1751
conditions applicable to, or providing for the security of,	1752
obligations issued pursuant to Chapter 154. of the Revised Code,	1753
and the provisions contained in such obligations.	1754

(D) "State agencies" means the state of Ohio and officers,	1755
boards, commissions, departments, divisions, or other units or	1756
agencies of the state.	1757

(E) "Governmental agency" means state agencies, state	1758
supported and assisted institutions of higher education, municipal	1759
corporations, counties, townships, school districts, and any other	1760
political subdivision or special district in this state	1761
established pursuant to law, and, except where otherwise	1762
indicated, also means the United States or any department,	1763
division, or agency thereof, and any agency, commission, or	1764
authority established pursuant to an interstate compact or	1765
agreement.	1766

(F) "Institutions of higher education" and "state supported	1767
or state assisted institutions of higher education" means the	1768
state universities identified in section 3345.011 of the Revised	1769
Code, the medical collegeuniversity of Ohio at Toledo, the	1770
northeastern Ohio universities college of medicine, state	1771
universities or colleges at any time created, community college	1772
districts, university branch districts, and technical college	1773
districts at any time established or operating under Chapter	1774
3354., 3355., or 3357. of the Revised Code, and other institutions	1775
for education, including technical education, beyond the high	1776
school, receiving state support or assistance for their expenses	1777
of operation.	1778

(G) "Governing body" means:

1779

(1) In the case of institutions of higher education, the	1780
board of trustees, board of directors, commission, or other body	1781
vested by law with the general management, conduct, and control of	1782
one or more institutions of higher education;	1783

(2) In the case of a county, the board of county	1784
commissioners or other legislative body; in the case of a	1785
municipal corporation, the council or other legislative body; in	1786
the case of a township, the board of township trustees; in the	1787
case of a school district, the board of education;	1788

(3) In the case of any other governmental agency, the	1789
officer, board, commission, authority or other body having the	1790
general management thereof or having jurisdiction or authority in	1791
the particular circumstances.	1792

(H) "Person" means any person, firm, partnership,	1793
association, or corporation.	1794

(I) "Bond service charges" means principal, including	1795
mandatory sinking fund requirements for retirement of obligations,	1796
and interest, and redemption premium, if any, required to be paid	1797
by the state on obligations. If not prohibited by the applicable	1798
bond proceedings, bond service charges may include costs relating	1799
to credit enhancement facilities that are related to and	1800
represent, or are intended to provide a source of payment of or	1801
limitation on, other bond service charges.	1802

(J) "Capital facilities" means buildings, structures, and	1803
other improvements, and equipment, real estate, and interests in	1804
real estate therefor, within the state, and any one, part of, or	1805
combination of the foregoing, to serve the general purposes for	1806
which the issuing authority is authorized to issue obligations	1807
pursuant to Chapter 154. of the Revised Code, including, but not	1808
limited to, drives, roadways, parking facilities, walks, lighting,	1809
machinery, furnishings, utilities, landscaping, wharves, docks,	1810
piers, reservoirs, dams, tunnels, bridges, retaining walls,	1811
riprap, culverts, ditches, channels, watercourses, retention	1812
basins, standpipes and water storage facilities, waste treatment	1813
and disposal facilities, heating, air conditioning and	1814
communications facilities, inns, lodges, cabins, camping sites,	1815
golf courses, boat and bathing facilities, athletic and	1816
recreational facilities, and site improvements.	1817

(K) "Costs of capital facilities" means the costs of	1818
acquiring, constructing, reconstructing, rehabilitating,	1819
remodeling, renovating, enlarging, improving, equipping, or	1820
furnishing capital facilities, and the financing thereof,	1821
including the cost of clearance and preparation of the site and of	1822
any land to be used in connection with capital facilities, the	1823
cost of any indemnity and surety bonds and premiums on insurance,	1824
all related direct administrative expenses and allocable portions	1825
of direct costs of the commission or issuing authority and	1826
department of administrative services, or other designees of the	1827
commission under section 154.17 of the Revised Code, cost of	1828
engineering and architectural services, designs, plans,	1829
specifications, surveys, and estimates of cost, legal fees, fees	1830
and expenses of trustees, depositories, and paying agents for the	1831
obligations, cost of issuance of the obligations and financing	1832
charges and fees and expenses of financial advisers and	1833
consultants in connection therewith, interest on obligations from	1834
the date thereof to the time when interest is to be covered from	1835
sources other than proceeds of obligations, amounts necessary to	1836
establish reserves as required by the bond proceedings, costs of	1837
audits, the reimbursement of all moneys advanced or applied by or	1838
borrowed from any governmental agency, whether to or by the	1839
commission or others, from whatever source provided, for the	1840
payment of any item or items of cost of the capital facilities,	1841
any share of the cost undertaken by the commission pursuant to	1842
arrangements made with governmental agencies under division (H) of	1843
section 154.06 of the Revised Code, and all other expenses	1844
necessary or incident to planning or determining feasibility or	1845
practicability with respect to capital facilities, and such other	1846
expenses as may be necessary or incident to the acquisition,	1847
construction, reconstruction, rehabilitation, remodeling,	1848
renovation, enlargement, improvement, equipment, and furnishing of	1849
capital facilities, the financing thereof and the placing of the	1850
same in use and operation, including any one, part of, or	1851
combination of such classes of costs and expenses.	1852

(L) "Public service facilities" means inns, lodges, hotels,	1853
cabins, camping sites, scenic trails, picnic sites, restaurants,	1854
commissaries, golf courses, boating and bathing facilities and	1855
other similar facilities in state parks.	1856

(M) "State parks" means:

1857

(1) State reservoirs described and identified in section	1858
1541.06 of the Revised Code;	1859

(2) All lands or interests therein of the state identified as	1860
administered by the division of parks and recreation in the	1861
"inventory of state owned lands administered by the department of	1862
natural resources as of June 1, 1963," as recorded in the journal	1863
of the director, which inventory was prepared by the real estate	1864
section of the department and is supported by maps now on file in	1865
said real estate section;	1866

(3) All lands or interests in lands of the state designated	1867
after June 1, 1963, as state parks in the journal of the director	1868
with the approval of the recreation and resources council.	1869

State parks do not include any lands or interest in lands of	1870
the state administered jointly by two or more divisions of the	1871
department of natural resources. The designation of lands as state	1872
parks under divisions (M)(1) to (3) of this section is conclusive	1873
and such lands shall be under the control of and administered by	1874
the division of parks and recreation. No order or proceeding	1875
designating lands as state parks or park purchase areas is subject	1876
to any appeal or review by any officer, board, commission, or	1877
court.	1878

(N) "Bond service fund" means the applicable fund created for	1879
and pledged to the payment of bond service charges under section	1880
154.20, 154.21, or 154.22, or 154.23 of the Revised Code,	1881
including all moneys and investments, and earnings from	1882
investments, credited and to be credited thereto.	1883

(O) "Improvement fund" means the applicable fund created for	1884
the payment of costs of capital facilities under section 154.20,	1885
154.21, or 154.22, or 3383.09 of the Revised Code, including all	1886
moneys and investments, and earnings from investments, credited	1887
and to be credited thereto.	1888

(P) "Special funds" or "funds" means, except where the	1889
context does not permit, the bond service funds, the improvements	1890
funds, and any other funds for similar or different purposes	1891
created under bond proceedings, including all moneys and	1892
investments, and earnings from investments, credited and to be	1893
credited thereto.	1894

(Q) "Year" unless the context indicates a different meaning	1895
or intent, means a calendar year beginning on the first day of	1896
January and ending on the thirty-first day of December.	1897

(R) "Fiscal year" means the period of twelve months beginning	1898
on the first day of July and ending on the thirtieth day of June.	1899

(S) "Issuing authority" means the treasurer of state or the	1900
officer or employee who by law performs the functions of that	1901
office.	1902

(T) "Credit enhancement facilities" has the same meaning as	1903
in section 133.01 of the Revised Code.	1904

(U) "Ohio cultural facility" and "Ohio sports facility" have	1905
the same meanings as in section 3383.01 of the Revised Code.	1906

Sec. 154.02.  (A) Pursuant to the provisions of Chapter 154.	1907
of the Revised Code, the issuing authority may issue obligations	1908
as from time to time authorized by or pursuant to act or	1909
resolution of the general assembly, consistent with such	1910
limitations thereon, subject to section 154.12 of the Revised	1911
Code, as the general assembly may thereby prescribe as to	1912
principal amount, bond service charges, or otherwise, and shall	1913
cause the proceeds thereof to be applied to those capital	1914
facilities designated by or pursuant to act of the general	1915
assembly for mental hygiene and retardation, state supported and	1916
assisted institutions of higher education, including technical	1917
education, and parks and recreation, Ohio cultural facilities, and	1918
Ohio sports facilities.	1919

(B) The authority provided by Chapter 154. of the Revised	1920
Code is in addition to any other authority provided by law for the	1921
same or similar purposes, except as may otherwise specifically be	1922
provided in Chapter 154. of the Revised Code. In case any section	1923
or provision of Chapter 154. of the Revised Code or in case any	1924
covenant, stipulation, obligation, resolution, trust agreement,	1925
indenture, lease agreement, act, or action, or part thereof, made,	1926
assumed, entered into, or taken under Chapter 154. of the Revised	1927
Code, or any application thereof, is for any reason held to be	1928
illegal or invalid, such illegality or invalidity shall not affect	1929
the remainder thereof or any other section or provision of Chapter	1930
154. of the Revised Code or any other covenant, stipulation,	1931
obligation, resolution, trust agreement, indenture, lease,	1932
agreement, act, or action, or part thereof, made, assumed, entered	1933
into, or taken under such chapter, which shall be construed and	1934
enforced as if such illegal or invalid portion were not contained	1935
therein, nor shall such illegality or invalidity or any	1936
application thereof affect any legal and valid application	1937
thereof, and each such section, provision, covenant, stipulation,	1938
obligation, resolution, trust agreement, indenture, lease,	1939
agreement, act, or action, or part thereof, shall be deemed to be	1940
effective, operative, made, entered into or taken in the manner	1941
and to the full extent permitted by law.	1942

Sec. 154.07.  For the respective purposes provided in	1943
sections 154.20, 154.21, and 154.22, and 154.23 of the Revised	1944
Code, the issuing authority may issue obligations of the state of	1945
Ohio as provided in Chapter 154. of the Revised Code, provided	1946
that the holders or owners of obligations shall have no right to	1947
have excises or taxes levied by the general assembly for the	1948
payment of the bond service charges. The right of holders and	1949
owners to payment of bond service charges shall be limited to the	1950
revenues or receipts and funds pledged thereto in accordance with	1951
Chapter 154. of the Revised Code, and each obligation shall bear	1952
on its face a statement to that effect. Chapter 154. of the	1953
Revised Code does not permit, and no provision of that chapter	1954
shall be applied to authorize or grant, a pledge of charges for	1955
the treatment or care of mental hygiene and retardation patients	1956
to bond service charges on obligations other than those issued for	1957
capital facilities for mental hygiene and retardation, or a pledge	1958
of any receipts of or on behalf of state supported or state	1959
assisted institutions of higher education to bond service charges	1960
on obligations other than those issued for capital facilities for	1961
state supported or state assisted institutions of higher	1962
education, or a pledge of receipts with respect to parks and	1963
recreation to bond service charges on obligations other than those	1964
issued for capital facilities for parks and recreation, or a	1965
pledge of revenues or receipts received by or on behalf of any	1966
state agency to bond service charges on obligations other than	1967
those issued for capital facilities which are in whole or in part	1968
useful to, constructed by, or financed by the state agency that	1969
receives the revenues or receipts so pledged.	1970

Sec. 154.23.  (A) Subject to authorization by the general	1971
assembly under section 154.02 of the Revised Code, the issuing	1972
authority may issue obligations pursuant to this chapter to pay	1973
costs of capital facilities for Ohio cultural facilities and Ohio	1974
sports facilities.	1975

(B) The Ohio public facilities commission may lease any	1976
capital facilities for Ohio cultural facilities or Ohio sports	1977
facilities to, and make or provide for other agreements with	1978
respect to the use or purchase of such capital facilities with,	1979
the Ohio cultural facilities commission and, with the Ohio	1980
cultural facilities commission's approval, any governmental agency	1981
having authority under law to operate such capital facilities. Any	1982
lease or agreement shall be subject to Chapter 3383. of the	1983
Revised Code.	1984

(C) For purposes of this section, "available receipts" means	1985
any revenues or receipts derived by the Ohio public facilities	1986
commission from the operation, leasing, or other disposition of	1987
capital facilities financed under this section, the proceeds of	1988
obligations issued under this section and section 154.11 or 154.12	1989
of the Revised Code, and also means any gifts, grants, donations,	1990
and pledges, and receipts thereon, available for the payment of	1991
bond service charges on obligations issued under this section. The	1992
issuing authority may pledge all, or such portion as it	1993
determines, of the available receipts to the payment of bond	1994
service charges on obligations issued under this section and	1995
section 154.11 or 154.12 of the Revised Code and for the	1996
establishment and maintenance of any reserves, as provided in the	1997
bond proceedings, and make other provisions therein with respect	1998
to such available receipts as authorized by this chapter, which	1999
provisions shall be controlling notwithstanding any other	2000
provision of law pertaining thereto.	2001

(D) There is hereby created one or more funds, as determined	2002
by the issuing authority in the bond proceedings, designated as	2003
the "Ohio cultural facilities commission bond service fund" with,	2004
if more than one such fund, such further identifying name as the	2005
issuing authority determines, which shall be in the custody of the	2006
treasurer of state but shall be separate and apart from and not a	2007
part of the state treasury. All money received by or on account of	2008
the issuing authority or the Ohio cultural facilities commission	2009
and required by the applicable bond proceedings to be deposited,	2010
transferred, or credited to the Ohio cultural facilities	2011
commission bond service fund, and all other money transferred or	2012
allocated to or received for the purposes of that fund shall be	2013
deposited with the treasurer of state and credited to the	2014
applicable fund, subject to applicable provisions of the bond	2015
proceedings, but without necessity of any act or appropriation.	2016
The Ohio cultural facilities commission bond service funds are	2017
trust funds and are hereby pledged to the payment of bond service	2018
charges on the applicable obligations issued pursuant to this	2019
section and section 154.11 or 154.12 of the Revised Code to the	2020
extent provided in the applicable bond proceedings, and payment	2021
thereof from such funds shall be made or provided for by the	2022
treasurer of state in accordance with the applicable bond	2023
proceedings without necessity for any act or appropriation.	2024

(E) This section is to be applied with other applicable	2025
provisions of this chapter.	2026

Sec. 755.16.  (A) Any municipal corporation, township,	2027
township park district, county, or school district, jointly with	2028
one or more other municipal corporations, townships, township park	2029
districts, counties, or school districts or with an educational	2030
service center, in any combination, and a joint recreation	2031
district, may acquire property for, construct, operate, and	2032
maintain any parks, playgrounds, playfields, gymnasiums, public	2033
baths, swimming pools, indoor recreation centers, or community	2034
centers, and any. Any school district or educational service	2035
center may provide by the erection of any school or educational	2036
service center building or school premises, or by the enlargement	2037
of, addition to, or reconstruction or improvement of any school or	2038
educational service center building or school premises, for the	2039
inclusion of any such parks, recreational facilities, and	2040
community centers to be jointly acquired, constructed, operated,	2041
and maintained. Any municipal corporation, township, township park	2042
district, county, or school district, jointly with one or more	2043
other municipal corporations, townships, township park districts,	2044
counties, or school districts or with an educational service	2045
center, in any combination, and a joint recreation district, may	2046
equip, operate, and maintain suchthose parks, recreational	2047
facilities, and community centers and may appropriate money for	2048
them. An educational service center also may appropriate money for	2049
purposes of equipping, operating, and maintaining those parks,	2050
recreational facilities, and community centers.	2051

Any municipal corporation, township, township park district,	2052
county, or school district, or educational service center agreeing	2053
to jointly acquire, construct, operate, or maintain parks,	2054
recreational facilities, and community centers pursuant to this	2055
section may contribute lands, money, other personal property, or	2056
services to the joint venture, as may be agreed upon. Any	2057
agreement shall specify the rights of the parties in any lands or	2058
personal property contributed.	2059

Any lands acquired by a township park district pursuant to	2060
Chapter 511. of the Revised Code and established as a public park	2061
or parks may be contributed to a joint venture authorized by this	2062
section. Fees may be charged in connection with the use of any	2063
recreational facilities and community centers that may be	2064
constructed on those lands.	2065

(B) Any township may, jointly with a private land owner,	2066
construct, operate, equip, and maintain free public playgrounds	2067
and playfields. Any equipment provided by a township pursuant to	2068
this division shall remain township property and shall be used	2069
subject to a right of removal by the township.	2070

(C) As used in this section and in sections 755.17 and 755.18	2071
of the Revised Code, "community:	2072

(1) "Community centers" means facilities characterized by all	2073
of the following:	2074

(1)(a) They are acquired, constructed, operated, or	2075
maintained by political subdivisions, school districts, or a joint	2076
recreation districtan educational service center pursuant to	2077
division (A) of this section.	2078

(2)(b) They may be used for governmental, civic, or	2079
educational operations or recreational activities.	2080

(3)(c) They may be used only by the entities that acquire,	2081
construct, operate, or maintain them or by any other person upon	2082
terms and conditions determined by those entities.	2083

(2) "Educational service center" has the same meaning as in	2084
division (A) of section 3311.05 of the Revised Code.	2085

Sec. 755.18.  All expenses incurred in the operation of	2086
parks, playgrounds, playfields, gymnasiums, swimming pools, public	2087
baths, indoor recreation centers, and community centers,	2088
established as provided by sections 755.12 to 755.17 of the	2089
Revised Code, shall be payable from the treasury of the municipal	2090
corporation, township, township park district, county, or school	2091
district, or in the case of a joint recreational district or an	2092
educational service center, from its general fund. The local	2093
authorities of sucha municipal corporation, county, township,	2094
township park district, or school district, having power to	2095
appropriate money therein, may annually appropriate and cause to	2096
be raised by taxation an amount for the purpose of maintaining and	2097
operating suchthose parks, recreational facilities, and community	2098
centers.	2099

A joint recreation district may levy a tax, subject to	2100
Chapter 5705. of the Revised Code, to acquire, maintain, and	2101
operate recreational facilities and community centers.	2102

Sec. 1541.23. There is hereby created in the state treasury	2103
the parks capital expenses fund. The fund shall consist of moneys	2104
transferred to it from the parks and recreation improvement fund	2105
created in section 154.22 of the Revised Code. The parks capital	2106
expenses fund shall be used to pay design, engineering, and	2107
planning costs that are incurred by the department of natural	2108
resources for parks-related capital projects.	2109

Sec. 2716.11.  A proceeding for garnishment of property,	2110
other than personal earnings, may be commenced after a judgment	2111
has been obtained by a judgment creditor by the filing of an	2112
affidavit in writing made by the judgment creditor or the judgment	2113
creditor's attorney setting forth all of the following:	2114

(A) The name of the judgment debtor whose property, other	2115
than personal earnings, the judgment creditor seeks to garnish;	2116

(B) That the affiant has good reasona reasonable basis to	2117
believe and does believe that the person named in the affidavit as	2118
the garnishee may have property, other than personal earnings, of	2119
the judgment debtor that is not exempt under the law of this state	2120
or the United States;	2121

(C) A description of the property.

2122

Sec. 2743.712. (A) The attorney general, before taking any	2123
action regarding enforcement of the reparations fund's right of	2124
repayment, reimbursement, recovery, and subrogation pursuant to	2125
section 2743.72 of the Revised Code, or before taking any other	2126
action pursuant to that section, may investigate the need for that	2127
action.	2128

(B)(1) For the purpose of determining whether action is	2129
necessary under section 2743.72 of the Revised Code, the attorney	2130
general may issue subpoenas and subpoenas duces tecum to compel	2131
any person or entity to provide any information regarding	2132
overpayments from the reparations fund or that the attorney	2133
general determines would impact whether action should be taken	2134
under section 2743.72 of the Revised Code.	2135

(2) If the attorney general issues a subpoena or subpoena	2136
duces tecum under this section and if the materials required to be	2137
produced are located outside this state, the attorney general may	2138
designate one or more representatives, including officials of the	2139
state in which the materials are located, to inspect the materials	2140
on the attorney general's behalf, and the attorney general may	2141
respond to similar requests from officials of other states. The	2142
person or entity may make the materials available to the attorney	2143
general at a convenient location within the state.	2144

(3) At any time before the return day specified in the	2145
subpoena or subpoena duces tecum issued under this section or	2146
within twenty days after the subpoena or subpoena duces tecum has	2147
been served, whichever period is shorter, the person or entity	2148
subpoenaed may file with the court of common pleas of Franklin	2149
county a petition to extend the return day or to modify or quash	2150
the subpoena or subpoena duces tecum. The petition shall state	2151
good cause.	2152

(4) A person or entity who is subpoenaed under this section	2153
shall comply with the terms of the subpoena or subpoena duces	2154
tecum unless otherwise provided by an order of the court of common	2155
pleas of Franklin county entered prior to the day for return	2156
contained in the subpoena or as extended by the court. In the	2157
event a person or entity fails to comply with a subpoena or	2158
subpoena duces tecum issued under this section, that failure shall	2159
be contempt of court under division (C) of section 2705.02 of the	2160
Revised Code. The attorney general may file a charge of contempt	2161
of court under section 2705.03 of the Revised Code in the court of	2162
common pleas of Franklin county for that failure and may obtain an	2163
order adjudging the person or entity in contempt of court under	2164
section 2705.05 of the Revised Code.	2165

Sec. 3301.21. There is hereby created in the state treasury	2166
the state action for education leadership fund. Money received by	2167
the department of education from the Wallace foundation shall be	2168
deposited into the fund. All investment earnings of the fund shall	2169
be credited to the fund. The department shall use the money in the	2170
fund for the following purposes:	2171

(A) To develop leadership training programs for the big eight	2172
school districts, as defined in section 3314.02 of the Revised	2173
Code;	2174

(B) To target training to teacher-leaders, principals, and	2175
union leaders;	2176

(C) To increase administrators' and teachers' skills in using	2177
student assessment data to improve instructional decisions;	2178

(D) To align district and building budget allocations with	2179
student performance data.	2180

Sec. 3305.01.  As used in this chapter:

2181

(A) "Public institution of higher education" means a state	2182
university as defined in section 3345.011 of the Revised Code, the	2183
medical collegeuniversity of Ohio at Toledo, the northeastern	2184
Ohio universities college of medicine, or a university branch,	2185
technical college, state community college, community college, or	2186
municipal university established or operating under Chapter 3345.,	2187
3349., 3354., 3355., 3357., or 3358. of the Revised Code.	2188

(B) "State retirement system" means the public employees	2189
retirement system created under Chapter 145. of the Revised Code,	2190
the state teachers retirement system created under Chapter 3307.	2191
of the Revised Code, or the school employees retirement system	2192
created under Chapter 3309. of the Revised Code.	2193

(C) "Academic or administrative employee" means any full-time	2194
employee not receiving any benefit, allowance, or other payment	2195
granted on the employee's account from a state retirement system	2196
who meets one of the following requirements:	2197

(1) The employee is a member of the faculty of a public	2198
institution of higher education.	2199

(2) The employee is a member of the administrative staff of a	2200
public institution of higher education serving in a position in	2201
the unclassified civil service pursuant to section 124.11 of the	2202
Revised Code.	2203

(3) If section 124.11 of the Revised Code does not apply to	2204
the public institution of higher education, the employee is a	2205
member of the administrative staff of a public institution of	2206
higher education serving in a position comparable to a position in	2207
the unclassified civil service.	2208

In all cases of doubt, the board of trustees of the public	2209
institution of higher education shall determine whether any person	2210
is an academic or administrative employee for purposes of this	2211
chapter, and the board's decision shall be final.	2212

(D) "Electing employee" means any academic or administrative	2213
employee who elects, pursuant to section 3305.05 of the Revised	2214
Code, to participate in an alternative retirement plan provided	2215
pursuant to this chapter or an employee who is required to	2216
participate in an alternative retirement plan pursuant to division	2217
(E) of section 3305.05 of the Revised Code.	2218

(E) "Compensation," for purposes of an electing employee, has	2219
the same meaning as the applicable one of the following:	2220

(1) If the electing employee would be subject to Chapter 145.	2221
of the Revised Code had the employee not made an election pursuant	2222
to section 3305.05 of the Revised Code, "earnable salary" as	2223
defined in division (R) of section 145.01 of the Revised Code;	2224

(2) If the electing employee would be subject to Chapter	2225
3307. of the Revised Code had the employee not made an election	2226
pursuant to section 3305.05 of the Revised Code, "compensation" as	2227
defined in division (L) of section 3307.01 of the Revised Code;	2228

(3) If the electing employee would be subject to Chapter	2229
3309. of the Revised Code had the employee not made an election	2230
pursuant to section 3305.05 of the Revised Code, "compensation" as	2231
defined in division (V) of section 3309.01 of the Revised Code.	2232

(F) "Provider" means an entity designated under section	2233
3305.03 of the Revised Code as a provider of investment options	2234
for an alternative retirement plan.	2235

Sec. 3307.01.  As used in this chapter:

2236

(A) "Employer" means the board of education, school district,	2237
governing authority of any community school established under	2238
Chapter 3314. of the Revised Code, college, university,	2239
institution, or other agency within the state by which a teacher	2240
is employed and paid.	2241

(B) "Teacher" means all of the following:

2242

(1) Any person paid from public funds and employed in the	2243
public schools of the state under any type of contract described	2244
in section 3319.08 of the Revised Code in a position for which the	2245
person is required to have a license issued pursuant to sections	2246
3319.22 to 3319.31 of the Revised Code;	2247

(2) Any person employed as a teacher by a community school	2248
pursuant to Chapter 3314. of the Revised Code;	2249

(3) Any person having a license issued pursuant to sections	2250
3319.22 to 3319.31 of the Revised Code and employed in a public	2251
school in this state in an educational position, as determined by	2252
the state board of education, under programs provided for by	2253
federal acts or regulations and financed in whole or in part from	2254
federal funds, but for which no licensure requirements for the	2255
position can be made under the provisions of such federal acts or	2256
regulations;	2257

(4) Any other teacher or faculty member employed in any	2258
school, college, university, institution, or other agency wholly	2259
controlled and managed, and supported in whole or in part, by the	2260
state or any political subdivision thereof, including Central	2261
state university, Cleveland state university, the university of	2262
Toledo, and the medical collegeuniversity of Ohio at Toledo;	2263

(5) The educational employees of the department of education,	2264
as determined by the state superintendent of public instruction.	2265

In all cases of doubt, the state teachers retirement board	2266
shall determine whether any person is a teacher, and its decision	2267
shall be final.	2268

"Teacher" does not include any academic or administrative	2269
employee of a public institution of higher education, as defined	2270
in section 3305.01 of the Revised Code, who participates in an	2271
alternative retirement plan established under Chapter 3305. of the	2272
Revised Code.	2273

(C) "Member" means any person included in the membership of	2274
the state teachers retirement system, which shall consist of all	2275
teachers and contributors as defined in divisions (B) and (D) of	2276
this section and all disability benefit recipients, as defined in	2277
section 3307.50 of the Revised Code. However, for purposes of this	2278
chapter, the following persons shall not be considered members:	2279

(1) A student, intern, or resident who is not a member while	2280
employed part-time by a school, college, or university at which	2281
the student, intern, or resident is regularly attending classes;	2282

(2) A person denied membership pursuant to section 3307.24 of	2283
the Revised Code;	2284

(3) An other system retirant, as defined in section 3307.35	2285
of the Revised Code, or a superannuate;	2286

(4) An individual employed in a program established pursuant	2287
to the "Job Training Partnership Act," 96 Stat. 1322 (1982), 29	2288
U.S.C.A. 1501.	2289

(D) "Contributor" means any person who has an account in the	2290
teachers' savings fund or defined contribution fund.	2291

(E) "Beneficiary" means any person eligible to receive, or in	2292
receipt of, a retirement allowance or other benefit provided by	2293
this chapter.	2294

(F) "Year" means the year beginning the first day of July and	2295
ending with the thirtieth day of June next following, except that	2296
for the purpose of determining final average salary under the plan	2297
described in sections 3307.50 to 3307.79 of the Revised Code,	2298
"year" may mean the contract year.	2299

(G) "Local district pension system" means any school teachers	2300
pension fund created in any school district of the state in	2301
accordance with the laws of the state prior to September 1, 1920.	2302

(H) "Employer contribution" means the amount paid by an	2303
employer, as determined by the employer rate, including the normal	2304
and deficiency rates, contributions, and funds wherever used in	2305
this chapter.	2306

(I) "Five years of service credit" means employment covered	2307
under this chapter and employment covered under a former	2308
retirement plan operated, recognized, or endorsed by a college,	2309
institute, university, or political subdivision of this state	2310
prior to coverage under this chapter.	2311

(J) "Actuary" means the actuarial consultant to the state	2312
teachers retirement board, who shall be either of the following:	2313

(1) A member of the American academy of actuaries;

2314

(2) A firm, partnership, or corporation of which at least one	2315
person is a member of the American academy of actuaries.	2316

(K) "Fiduciary" means a person who does any of the following:

2317

(1) Exercises any discretionary authority or control with	2318
respect to the management of the system, or with respect to the	2319
management or disposition of its assets;	2320

(2) Renders investment advice for a fee, direct or indirect,	2321
with respect to money or property of the system;	2322

(3) Has any discretionary authority or responsibility in the	2323
administration of the system.	2324

(L)(1) Except as provided in this division, "compensation"	2325
means all salary, wages, and other earnings paid to a teacher by	2326
reason of the teacher's employment, including compensation paid	2327
pursuant to a supplemental contract. The salary, wages, and other	2328
earnings shall be determined prior to determination of the amount	2329
required to be contributed to the teachers' savings fund or	2330
defined contribution fund under section 3307.26 of the Revised	2331
Code and without regard to whether any of the salary, wages, or	2332
other earnings are treated as deferred income for federal income	2333
tax purposes.	2334

(2) Compensation does not include any of the following:

2335

(a) Payments for accrued but unused sick leave or personal	2336
leave, including payments made under a plan established pursuant	2337
to section 124.39 of the Revised Code or any other plan	2338
established by the employer;	2339

(b) Payments made for accrued but unused vacation leave,	2340
including payments made pursuant to section 124.13 of the Revised	2341
Code or a plan established by the employer;	2342

(c) Payments made for vacation pay covering concurrent	2343
periods for which other salary, compensation, or benefits under	2344
this chapter are paid;	2345

(d) Amounts paid by the employer to provide life insurance,	2346
sickness, accident, endowment, health, medical, hospital, dental,	2347
or surgical coverage, or other insurance for the teacher or the	2348
teacher's family, or amounts paid by the employer to the teacher	2349
in lieu of providing the insurance;	2350

(e) Incidental benefits, including lodging, food, laundry,	2351
parking, or services furnished by the employer, use of the	2352
employer's property or equipment, and reimbursement for	2353
job-related expenses authorized by the employer, including moving	2354
and travel expenses and expenses related to professional	2355
development;	2356

(f) Payments made by the employer in exchange for a member's	2357
waiver of a right to receive any payment, amount, or benefit	2358
described in division (L)(2) of this section;	2359

(g) Payments by the employer for services not actually	2360
rendered;	2361

(h) Any amount paid by the employer as a retroactive increase	2362
in salary, wages, or other earnings, unless the increase is one of	2363
the following:	2364

(i) A retroactive increase paid to a member employed by a	2365
school district board of education in a position that requires a	2366
license designated for teaching and not designated for being an	2367
administrator issued under section 3319.22 of the Revised Code	2368
that is paid in accordance with uniform criteria applicable to all	2369
members employed by the board in positions requiring the licenses;	2370

(ii) A retroactive increase paid to a member employed by a	2371
school district board of education in a position that requires a	2372
license designated for being an administrator issued under section	2373
3319.22 of the Revised Code that is paid in accordance with	2374
uniform criteria applicable to all members employed by the board	2375
in positions requiring the licenses;	2376

(iii) A retroactive increase paid to a member employed by a	2377
school district board of education as a superintendent that is	2378
also paid as described in division (L)(2)(h)(i) of this section;	2379

(iv) A retroactive increase paid to a member employed by an	2380
employer other than a school district board of education in	2381
accordance with uniform criteria applicable to all members	2382
employed by the employer.	2383

(i) Payments made to or on behalf of a teacher that are in	2384
excess of the annual compensation that may be taken into account	2385
by the retirement system under division (a)(17) of section 401 of	2386
the "Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A.	2387
401(a)(17), as amended. For a teacher who first establishes	2388
membership before July 1, 1996, the annual compensation that may	2389
be taken into account by the retirement system shall be determined	2390
under division (d)(3) of section 13212 of the "Omnibus Budget	2391
Reconciliation Act of 1993," Pub. L. No. 103-66, 107 Stat. 472.	2392

(j) Payments made under division (B), (C), or (E) of section	2393
5923.05 of the Revised Code, Section 4 of Substitute Senate Bill	2394
No. 3 of the 119th general assembly, Section 3 of Amended	2395
Substitute Senate Bill No. 164 of the 124th general assembly, or	2396
Amended Substitute House Bill No. 405 of the 124th general	2397
assembly;	2398

(k) Anything of value received by the teacher that is based	2399
on or attributable to retirement or an agreement to retire.	2400

(3) The retirement board shall determine by rule both of the	2401
following:	2402

(a) Whether particular forms of earnings are included in any	2403
of the categories enumerated in this division;	2404

(b) Whether any form of earnings not enumerated in this	2405
division is to be included in compensation.	2406

Decisions of the board made under this division shall be	2407
final.	2408

(M) "Superannuate" means both of the following:

2409

(1) A former teacher receiving from the system a retirement	2410
allowance under section 3307.58 or 3307.59 of the Revised Code;	2411

(2) A former teacher receiving a benefit from the system	2412
under a plan established under section 3307.81 of the Revised	2413
Code, except that "superannuate" does not include a former teacher	2414
who is receiving a benefit based on disability under a plan	2415
established under section 3307.81 of the Revised Code.	2416

For purposes of sections 3307.35 and 3307.353 of the Revised	2417
Code, "superannuate" also means a former teacher receiving from	2418
the system a combined service retirement benefit paid in	2419
accordance with section 3307.57 of the Revised Code, regardless of	2420
which retirement system is paying the benefit.	2421

Sec. 3318.01.  As used in sections 3318.01 to 3318.20 of the	2422
Revised Code:	2423

(A) "Ohio school facilities commission" means the commission	2424
created pursuant to section 3318.30 of the Revised Code.	2425

(B) "Classroom facilities" means rooms in which pupils	2426
regularly assemble in public school buildings to receive	2427
instruction and education and such facilities and building	2428
improvements for the operation and use of such rooms as may be	2429
needed in order to provide a complete educational program, and may	2430
include space within which a child day-care facility or a	2431
community resource center is housed. "Classroom facilities"	2432
includes any space necessary for the operation of a vocational	2433
education program for secondary students in any school district	2434
that operates such a program.	2435

(C) "Project" means a project to construct or acquire	2436
classroom facilities, or to reconstruct or make additions to	2437
existing classroom facilities, to be used for housing the	2438
applicable school district and its functions.	2439

(D) "School district" means a local, exempted village, or	2440
city school district as such districts are defined in Chapter	2441
3311. of the Revised Code, acting as an agency of state	2442
government, performing essential governmental functions of state	2443
government pursuant to sections 3318.01 andto 3318.20 of the	2444
Revised Code.	2445

For purposes of assistance provided under sections 3318.40 to	2446
3318.45 of the Revised Code, the term "school district" as used in	2447
this section and in divisions (A), (C), and (D) of section 3318.03	2448
and in sections 3318.031, 3318.042, 3318.07, 3318.08, 3318.083,	2449
3318.084, 3318.085, 3318.086, 3318.10, 3318.11, 3318.12, 3318.13,	2450
3318.14, 3318.15, 3318.16, 3318.19, and 3318.20 of the Revised	2451
Code means a joint vocational school district established pursuant	2452
to section 3311.18 of the Revised Code.	2453

(E) "School district board" means the board of education of a	2454
school district.	2455

(F) "Net bonded indebtedness" means the difference between	2456
the sum of the par value of all outstanding and unpaid bonds and	2457
notes which a school district board is obligated to pay,and any	2458
amounts the school district is obligated to pay under	2459
lease-purchase agreements entered into under section 3313.375 of	2460
the Revised Code, and the par value of bonds authorized by the	2461
electors but not yet issued, the proceeds of which can lawfully be	2462
used for the project, and the amount held in the sinking fund and	2463
other indebtedness retirement funds for their redemption. Notes	2464
issued for school buses in accordance with section 3327.08 of the	2465
Revised Code, notes issued in anticipation of the collection of	2466
current revenues, and bonds issued to pay final judgments shall	2467
not be considered in calculating the net bonded indebtedness.	2468

"Net bonded indebtedness" does not include indebtedness	2469
arising from the acquisition of land to provide a site for	2470
classroom facilities constructed, acquired, or added to pursuant	2471
to sections 3318.01 to 3318.20 of the Revised Code or the par	2472
value of bonds that have been authorized by the electors and the	2473
proceeds of which will be used by the district to provide any part	2474
of its portion of the basic project cost.	2475

(G) "Board of elections" means the board of elections of the	2476
county containing the most populous portion of the school	2477
district.	2478

(H) "County auditor" means the auditor of the county in which	2479
the greatest value of taxable property of such school district is	2480
located.	2481

(I) "Tax duplicates" means the general tax lists and	2482
duplicates prescribed by sections 319.28 and 319.29 of the Revised	2483
Code.	2484

(J) "Required level of indebtedness" means:

2485

(1) In the case of school districts in the first percentile,	2486
five per cent of the district's valuation for the year preceding	2487
the year in which the controlling board approved the project under	2488
section 3318.04 of the Revised Code.	2489

(2) In the case of school districts ranked in a subsequent	2490
percentile, five per cent of the district's valuation for the year	2491
preceding the year in which the controlling board approved the	2492
project under section 3318.04 of the Revised Code, plus [two	2493
one-hundredths of one per cent multiplied by (the percentile in	2494
which the district ranks for the fiscal year preceding the fiscal	2495
year in which the controlling board approved the district's	2496
project minus one)].	2497

(K) "Required percentage of the basic project costs" means	2498
one per cent of the basic project costs times the percentile in	2499
which the school district ranks for the fiscal year preceding the	2500
fiscal year in which the controlling board approved the district's	2501
project.	2502

(L) "Basic project cost" means a cost amount determined in	2503
accordance with rules adopted under section 111.15 of the Revised	2504
Code by the Ohio school facilities commission. The basic project	2505
cost calculation shall take into consideration the square footage	2506
and cost per square foot necessary for the grade levels to be	2507
housed in the classroom facilities, the variation across the state	2508
in construction and related costs, the cost of the installation of	2509
site utilities and site preparation, the cost of demolition of all	2510
or part of any existing classroom facilities that are abandoned	2511
under the project, the cost of insuring the project until it is	2512
completed, any contingency reserve amount prescribed by the	2513
commission under section 3318.086 of the Revised Code, and the	2514
professional planning, administration, and design fees that a	2515
school district may have to pay to undertake a classroom	2516
facilities project.	2517

For a joint vocational school district that receives	2518
assistance under sections 3318.40 to 3318.45 of the Revised Code,	2519
the basic project cost calculation for a project under those	2520
sections shall also take into account the types of laboratory	2521
spaces and program square footages needed for the vocational	2522
education programs for high school students offered by the school	2523
district.	2524

(M)(1) Except for a joint vocational school district that	2525
receives assistance under sections 3318.40 to 3318.45 of the	2526
Revised Code, a "school district's portion of the basic project	2527
cost" means the amount determined under section 3318.032 of the	2528
Revised Code.	2529

(2) For a joint vocational school district that receives	2530
assistance under sections 3318.40 to 3318.45 of the Revised Code,	2531
a "school district's portion of the basic project cost" means the	2532
amount determined under division (C) of section 3318.42 of the	2533
Revised Code.	2534

(N) "Child day-care facility" means space within a classroom	2535
facility in which the needs of infants, toddlers, preschool	2536
children, and school children are provided for by persons other	2537
than the parent or guardian of such children for any part of the	2538
day, including persons not employed by the school district	2539
operating such classroom facility.	2540

(O) "Community resource center" means space within a	2541
classroom facility in which comprehensive services that support	2542
the needs of families and children are provided by community-based	2543
social service providers.	2544

(P) "Valuation" means the total value of all property in the	2545
school district as listed and assessed for taxation on the tax	2546
duplicates.	2547

(Q) "Percentile" means the percentile in which the school	2548
district is ranked pursuant to division (D) of section 3318.011 of	2549
the Revised Code.	2550

(R) "Installation of site utilities" means the installation	2551
of a site domestic water system, site fire protection system, site	2552
gas distribution system, site sanitary system, site storm drainage	2553
system, and site telephone and data system.	2554

(S) "Site preparation" means the earthwork necessary for	2555
preparation of the building foundation system, the paved	2556
pedestrian and vehicular circulation system, playgrounds on the	2557
project site, and lawn and planting on the project site.	2558

Sec. 3318.02.  (A) For purposes of sections 3318.01 to	2559
3318.33 of the Revised Code, the Ohio school facilities commission	2560
shall periodically perform an assessment of the classroom facility	2561
needs in the state to identify school districts in need of	2562
additional classroom facilities, or replacement or reconstruction	2563
of existent classroom facilities, and the cost to each such	2564
district of constructing or acquiring such additional facilities	2565
or making such renovations.	2566

(B) Based upon the most recent assessment conducted pursuant	2567
to division (A) of this section, the commission shall conduct	2568
on-site visits to school districts identified as having classroom	2569
facility needs to confirm the findings of the periodic assessment	2570
and further evaluate the classroom facility needs of the district.	2571
The evaluation shall assess the district's need to construct or	2572
acquire new classroom facilities and may include an assessment of	2573
the district's need for building additions or for the	2574
reconstruction of existent buildings in lieu of constructing or	2575
acquiring replacement buildings.	2576

(C)(1) Except as provided in division (C)(2) of this section,	2577
on-site visits performed on or after May 20, 1997, shall be	2578
performed in the order specified in this division. The first round	2579
of on-site visits first succeeding the effective date of this	2580
amendment, May 20, 1997, shall be limited to the school districts	2581
in the first through fifth percentiles, excluding districts that	2582
are ineligible for funding under this chapter pursuant to section	2583
3318.04 of the Revised Code. The second round of on-site visits	2584
shall be limited to the school districts in the first through	2585
tenth percentiles, excluding districts that are ineligible for	2586
funding under this chapter pursuant to section 3318.04 of the	2587
Revised Code. Each succeeding round of on-site visits shall be	2588
limited to the percentiles included in the immediately preceding	2589
round of on-site visits plus the next five percentiles. Except for	2590
the first round of on-site visits, no round of on-site visits	2591
shall commence unless eighty per cent of the districts for which	2592
on-site visits were performed during the immediately preceding	2593
round, have had projects approved under section 3318.04 of the	2594
Revised Code.	2595

(2) Notwithstanding division (C)(1) of this section, the	2596
commission may perform on-site visits for school districts in the	2597
next highest percentile to the percentiles included in the current	2598
round of on-site visits, and then to succeeding percentiles one at	2599
a time, not to exceed the twenty-fifth percentile, if all of the	2600
following apply:	2601

(a) Less than eighty per cent of the districts for which	2602
on-site visits were performed in the current round, and in any	2603
percentiles for which on-site visits were performed in addition to	2604
the current round pursuant to this division, have had projects	2605
approved under section 3318.04 of the Revised Code;	2606

(b) There are funds appropriated for the purpose of sections	2607
3318.01 to 3318.20 of the Revised Code that are not reserved and	2608
encumbered for projects pursuant to section 3318.04 of the Revised	2609
Code;	2610

(c) The commission makes a finding that such available funds	2611
would be more thoroughly utilized if on-site visits were extended	2612
to the next highest percentile.	2613

(D) Notwithstanding divisions (B) and (C) of this section, in	2614
any bienniumfiscal year, the commission may limit the number of	2615
districts for which it conducts on-site visits based upon its	2616
projections of the moneys available and moneys necessary to	2617
undertake projects under sections 3318.01 to 3318.33 of the	2618
Revised Code for the current bienniumthat year.	2619

Sec. 3318.03. (A) Before conducting an on-site evaluation of	2620
a school district under section 3318.02 of the Revised Code, at	2621
the request of the district board of education, the Ohio school	2622
facilities commission shall examine any classroom facilities needs	2623
assessment that has been conducted by the district and any master	2624
plan developed for meeting the facility needs of the district.	2625

(B) Upon conducting the on-site evaluation under section	2626
3318.02 of the Revised Code, the Ohio school facilities commission	2627
shall make a determination of all of the following:	2628

(1) The needs of the school district for additional classroom	2629
facilities;	2630

(2) The number of classroom facilities to be included in a	2631
project and the basic project cost of constructing, acquiring,	2632
reconstructing, or making additions to each such facility;	2633

(3) The amount of such cost that the school district can	2634
supply from available funds, by the issuance of bonds previously	2635
authorized by the electors of the school district the proceeds of	2636
which can lawfully be used for the project and by the issuance of	2637
bonds under section 3318.05 of the Revised Code;	2638

(4) The remaining amount of such cost that shall be supplied	2639
by the state;	2640

(5) The amount of the state's portion to be encumbered in	2641
accordance with section 3318.11 of the Revised Code in the current	2642
and subsequent fiscal bienniumsyears from funds appropriated for	2643
purposes of sections 3318.01 to 3318.20 of the Revised Code.	2644

(C) The commission shall make a determination in favor of	2645
constructing, acquiring, reconstructing, or making additions to a	2646
classroom facility only upon evidence that the proposed project	2647
conforms to sound educational practice, that it is in keeping with	2648
the orderly process of school district reorganization and	2649
consolidation, and that the actual or projected enrollment in each	2650
classroom facility proposed to be included in the project is at	2651
least three hundred fifty pupils. Exceptions shall be authorized	2652
only in those districts where topography, sparsity of population,	2653
and other factors make larger schools impracticable.	2654

If the school district board determines that an existing	2655
facility has historical value or for other good cause determines	2656
that an existing facility should be renovated in lieu of acquiring	2657
a comparable facility by new construction, the commission may	2658
approve the expenditure of project funds for the renovation of	2659
that facility up to but not exceeding one hundred per cent of the	2660
estimated cost of acquiring a comparable facility by new	2661
construction, as long as the commission determines that the	2662
facility when renovated can be operationally efficient, will be	2663
adequate for the future needs of the district, and will comply	2664
with the other provisions of this division.	2665

(D) Sections 125.81 and 153.04 of the Revised Code shall not	2666
apply to classroom facilities constructed under either sections	2667
3318.01 to 3318.20 or sections 3318.40 to 3318.45 of the Revised	2668
Code.	2669

Sec. 3318.04.  (A) If the Ohio school facilities commission	2670
makes a determination under section 3318.03 of the Revised Code in	2671
favor of constructing, acquiring, reconstructing, or making	2672
additions to a classroom facility, the project shall be	2673
conditionally approved. Such conditional approval shall be	2674
submitted to the controlling board for approval thereof. The	2675
controlling board shall forthwith approve or reject the	2676
commission's determination, conditional approval, the amount of	2677
the state's portion of the basic project cost, and, the amount of	2678
the state's portion to be encumbered in the current fiscal	2679
bienniumyear. In the event of approval thereof by the controlling	2680
board, the commission shall certify such conditional approval to	2681
the school district board and shall encumber from the total funds	2682
appropriated for the purpose of sections 3318.01 to 3318.20 of the	2683
Revised Code the amount approved under this section to be	2684
encumbered in the current fiscal bienniumyear.	2685

The basic project cost for a project approved under this	2686
section shall not exceed the cost that would otherwise have to be	2687
incurred if the classroom facilities to be constructed, acquired,	2688
or reconstructed, or the additions to be made to classroom	2689
facilities, under such project meet, but do not exceed, the	2690
specifications for plans and materials for classroom facilities	2691
adopted by the commission.	2692

(B)(1) No school district shall have a project conditionally	2693
approved pursuant to this section if the school district has	2694
already received any assistance for a project funded under any	2695
version of sections 3318.01 to 3318.20 of the Revised Code, and	2696
the prior project was one for which the electors of such district	2697
approved a levy within the last twenty years pursuant to any	2698
version of section 3318.06 of the Revised Code for purposes of	2699
qualifying for the funding of that project, unless the district	2700
demonstrates to the satisfaction of the commission that the	2701
district has experienced since approval of its prior project an	2702
exceptional increase in enrollment significantly above the	2703
district's design capacity under that prior project as determined	2704
by rule of the commission.	2705

(2) Notwithstanding division (B)(1) of this section, any	2706
school district that received assistance under sections 3318.01 to	2707
3318.20 of the Revised Code, as those sections existed prior to	2708
May 20, 1997, may receive additional assistance under those	2709
sections, as they exist on and after May 20, 1997, prior to the	2710
expiration of the period of time required under division (B)(1) of	2711
this section, if the percentile in which the school district is	2712
located, as determined under section 3318.011 of the Revised Code,	2713
is eligible for assistance as prescribed in section 3318.02 of the	2714
Revised Code.	2715

The commission may provide assistance under sections 3318.01	2716
to 3318.20 of the Revised Code pursuant to this division to no	2717
more than five school districts per fiscal year until all eligible	2718
school districts have received the additional assistance	2719
authorized under this division. The commission shall establish	2720
application procedures, deadlines, and priorities for funding	2721
projects under this division.	2722

The commission at its discretion may waive current design	2723
specifications it has adopted for projects under sections 3318.01	2724
to 3318.20 of the Revised Code when assessing an application for	2725
additional assistance under this division for the renovation of	2726
classroom facilities constructed or renovated under a school	2727
district's previous project. If the commission finds that a school	2728
district's existing classroom facilities are adequate to meet all	2729
of the school district's needs, the commission may determine that	2730
no additional state assistance be awarded to a school district	2731
under this division.	2732

In order for a school district to be eligible to receive any	2733
additional assistance under this division, the school district	2734
electors shall extend the school district's existing levy	2735
dedicated for maintenance of classroom facilities under Chapter	2736
3318. of the Revised Code, pursuant to section 3318.061 of the	2737
Revised Code or shall provide equivalent alternative maintenance	2738
funds as specified in division (A)(2) of section 3318.06 of the	2739
Revised Code.	2740

(3) Notwithstanding division (B)(1) of this section, any	2741
school district that has received assistance under sections	2742
3318.01 to 3318.20 of the Revised Code after May 20, 1997, may	2743
receive additional assistance if the commission decides in favor	2744
of providing such assistance pursuant to section 3318.042 of the	2745
Revised Code.	2746

Sec. 3318.11.  For any project undertaken with financial	2747
assistance from the state under this chapter, the amount of state	2748
appropriations to be encumbered for the project in each fiscal	2749
bienniumyear shall be determined by the Ohio school facilities	2750
commission based on the project's estimated construction schedule	2751
for that bienniumyear. In each fiscal bienniumyear subsequent to	2752
the first bienniumyear in which state appropriations are	2753
encumbered for the project, the project has priority for state	2754
funds over projects for which initial state funding is sought.	2755

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

2756

(a) "Large land area school district" means a school district	2757
with a territory of greater than three hundred square miles in any	2758
percentile as determined under section 3318.011 of the Revised	2759
Code.	2760

(b) "Low wealth school district" means a school district in	2761
the first through fiftieth percentiles as determined under section	2762
3318.011 of the Revised Code.	2763

(c) A "school district with an exceptional need for immediate	2764
classroom facilities assistance" means a low wealth or large land	2765
area school district with an exceptional need for new facilities	2766
in order to protect the health and safety of all or a portion of	2767
its students.	2768

(2) School districtsNo school district reasonably expected	2769
to be eligible for state assistance under sections 3318.01 to	2770
3318.20 of the Revised Code within three fiscal years after the	2771
year of the application for assistance under this section and	2772
school districts that participate in the school building	2773
assistance expedited local partnership program under section	2774
3318.36 of the Revised Code, except for such districts described	2775
in division (A)(3) of this section, shall not be eligible for	2776
assistance under this section, unless the district's entire	2777
classroom facilities plan consists of only a single building	2778
designed to house grades kindergarten through twelve and the	2779
district satisfies the conditions prescribed in divisions	2780
(A)(3)(a) and (b) of this section.	2781

(3) School districts that participateNo school district that	2782
participates in the school building assistance expedited local	2783
partnership program under section 3318.36 of the Revised Code may	2784
shall receive assistance under the program established under this	2785
section only ifunless the following conditions are satisfied:	2786

(a) The district board adopted a resolution certifying its	2787
intent to participate in the school building assistance expedited	2788
local partnership program under section 3318.36 of the Revised	2789
Code prior to September 14, 2000.	2790

(b) The district was selected by the Ohio school facilities	2791
commission for participation in the school building assistance	2792
expedited local partnership program under section 3318.36 of the	2793
Revised Code in the manner prescribed by the commission under that	2794
section as it existed prior to September 14, 2000.	2795

(B)(1) There is hereby established the exceptional needs	2796
school facilities assistance program. Under the program, the Ohio	2797
school facilities commission may set aside from the moneys	2798
annually appropriated to it for classroom facilities assistance	2799
projects up to twenty-five per cent for assistance to school	2800
districts with exceptional needs for immediate classroom	2801
facilities assistance.	2802

(2)(a) After consulting with education and construction	2803
experts, the commission shall adopt guidelines for identifying	2804
school districts with an exceptional need for immediate classroom	2805
facilities assistance.	2806

(b) The guidelines shall include application forms and	2807
instructions for school districts to use in applying for	2808
assistance under this section.	2809

(3) The commission shall evaluate the classroom facilities,	2810
and the need for replacement classroom facilities from the	2811
applications received under this section. The commission,	2812
utilizing the guidelines adopted under division (B)(2)(a) of this	2813
section, shall prioritize the school districts to be assessed.	2814

Notwithstanding section 3318.02 of the Revised Code, the	2815
commission may conduct on-site evaluation of the school districts	2816
prioritized under this section and approve and award funds until	2817
such time as all funds set aside under division (B)(1) of this	2818
section have been encumbered. However, the commission need not	2819
conduct the evaluation of facilities if the commission determines	2820
that a district's assessment conducted under section 3318.36 of	2821
the Revised Code is sufficient for purposes of this section.	2822

(4) Notwithstanding division (A) of section 3318.05 of the	2823
Revised Code, the school district's portion of the basic project	2824
cost under this section shall be the "required percentage of the	2825
basic project costs," as defined in division (K) of section	2826
3318.01 of the Revised Code.	2827

(5) Except as otherwise specified in this section, any	2828
project undertaken with assistance under this section shall comply	2829
with all provisions of sections 3318.01 to 3318.20 of the Revised	2830
Code. A school district may receive assistance under sections	2831
3318.01 to 3318.20 of the Revised Code for the remainder of the	2832
district's classroom facilities needs as assessed under this	2833
section when the district is eligible for such assistance pursuant	2834
to section 3318.02 of the Revised Code, but any classroom facility	2835
constructed with assistance under this section shall not be	2836
included in a district's project at that time unless the	2837
commission determines the district has experienced the increased	2838
enrollment specified in division (B)(1) of section 3318.04 of the	2839
Revised Code.	2840

(C) No school district shall receive assistance under this	2841
section for a classroom facility that has been included in the	2842
discrete part of the district's classroom facilities needs	2843
identified and addressed in the district's project pursuant to an	2844
agreement entered into under section 3318.36 of the Revised Code,	2845
unless the district's entire classroom facilities plan consists of	2846
only a single building designed to house grades kindergarten	2847
through twelve.	2848

Sec. 3318.41. (A)(1) The Ohio school facilities commission	2849
annually shall assess the classroom facilities needs of the number	2850
of joint vocational school districts that the commission	2851
reasonably expects to be able to provide assistance to in a fiscal	2852
year, based on the amount set aside for that fiscal year under	2853
division (B) of section 3318.40 of the Revised Code and the order	2854
of priority prescribed in division (B) of section 3318.42 of the	2855
Revised Code, except that in fiscal year 2004 the commission shall	2856
conduct at least the five assessments prescribed in division (E)	2857
of section 3318.40 of the Revised Code.	2858

Upon conducting an assessment of the classroom facilities	2859
needs of a school district, the commission shall make a	2860
determination of all of the following:	2861

(a) The number of classroom facilities to be included in a	2862
project and the basic project cost of acquiring the classroom	2863
facilities included in the project. The number of facilities and	2864
basic project cost shall be determined in accordance with the	2865
specifications adopted under section 3318.311 of the Revised Code	2866
except to the extent that compliance with such specifications is	2867
waived by the commission pursuant to the rule of the commission	2868
adopted under division (F) of section 3318.40 of the Revised Code.	2869

(b) The school district's portion of the basic project cost	2870
as determined under division (C) of section 3318.42 of the Revised	2871
Code;	2872

(c) The remaining portion of the basic project cost that	2873
shall be supplied by the state;	2874

(d) The amount of the state's portion of the basic project	2875
cost to be encumbered in accordance with section 3318.11 of the	2876
Revised Code in the current and subsequent fiscal bienniumsyears	2877
from funds set aside under division (B) of section 3318.40 of the	2878
Revised Code.	2879

(2) Divisions (A), (C), and (D) of section 3318.03 of the	2880
Revised Code apply to any project under sections 3318.40 to	2881
3318.45 of the Revised Code.	2882

(B)(1) If the commission makes a determination under division	2883
(A) of this section in favor of the acquisition of classroom	2884
facilities for a project under sections 3318.40 to 3318.45 of the	2885
Revised Code, such project shall be conditionally approved. Such	2886
conditional approval shall be submitted to the controlling board	2887
for approval. The controlling board shall immediately approve or	2888
reject the commission's determination, conditional approval, the	2889
amount of the state's portion of the basic project cost, and the	2890
amount of the state's portion of the basic project cost to be	2891
encumbered in the current fiscal bienniumyear. In the event of	2892
approval by the controlling board, the commission shall certify	2893
the conditional approval to the joint vocational school district	2894
board of education and shall encumber the approved funds for the	2895
current fiscal year.	2896

(2) No school district that receives assistance under	2897
sections 3318.40 to 3318.45 of the Revised Code shall have another	2898
such project conditionally approved until the expiration of twenty	2899
years after the school district's prior project was conditionally	2900
approved, unless the school district board demonstrates to the	2901
satisfaction of the commission that the school district has	2902
experienced since conditional approval of its prior project an	2903
exceptional increase in enrollment or program requirements	2904
significantly above the school district's design capacity under	2905
that prior project as determined by rule of the commission. Any	2906
rule adopted by the commission to implement this division shall be	2907
tailored to address the classroom facilities needs of joint	2908
vocational school districts.	2909

(C) In addition to generating the amount of the school	2910
district's portion of the basic project cost as determined under	2911
division (C) of section 3318.42 of the Revised Code, in order for	2912
a school district to receive assistance under sections 3318.40 to	2913
3318.45 of the Revised Code, the school district board shall set	2914
aside school district moneys for the maintenance of the classroom	2915
facilities included in the school district's project in the amount	2916
and manner prescribed in section 3318.43 of the Revised Code.	2917

(D)(1) The conditional approval for a project certified under	2918
division (B)(1) of this section shall lapse and the amount	2919
reserved and encumbered for such project shall be released unless	2920
both of the following conditions are satisfied:	2921

(a) Within one hundred twenty days following the date of	2922
certification of the conditional approval to the joint vocational	2923
school district board, the school district board accepts the	2924
conditional approval and certifies to the commission the school	2925
district board's plan to generate the school district's portion of	2926
the basic project cost, as determined under division (C) of	2927
section 3318.42 of the Revised Code, and to set aside moneys for	2928
maintenance of the classroom facilities acquired under the	2929
project, as prescribed in section 3318.43 of the Revised Code.	2930

(b) Within one year following the date of certification of	2931
the conditional approval to the school district board, the	2932
electors of the school district vote favorably on any ballot	2933
measures proposed by the school district board to generate the	2934
school district's portion of the basic project cost.	2935

(2) If the school district board or electors fail to satisfy	2936
the conditions prescribed in division (D)(1) of this section and	2937
the amount reserved and encumbered for the school district's	2938
project is released, the school district shall be given first	2939
priority over other joint vocational school districts for project	2940
funding under sections 3318.40 to 3318.45 of the Revised Code as	2941
such funds become available.	2942

(E) If the conditions prescribed in division (D)(1) of this	2943
section are satisfied, the commission and the school district	2944
board shall enter into an agreement as prescribed in section	2945
3318.08 of the Revised Code and shall proceed with the development	2946
of plans, cost estimates, designs, drawings, and specifications as	2947
prescribed in section 3318.091 of the Revised Code.	2948

(F) Costs in excess of those approved by the commission under	2949
section 3318.091 of the Revised Code shall be payable only as	2950
provided in sections 3318.042 and 3318.083 of the Revised Code.	2951

(G) Advertisement for bids and the award of contracts for	2952
construction of any project under sections 3318.40 to 3318.45 of	2953
the Revised Code shall be conducted in accordance with section	2954
3318.10 of the Revised Code.	2955

(H) The state funds reserved and encumbered and the funds	2956
provided by the school district to pay the basic project cost of a	2957
project under sections 3318.40 to 3318.45 of the Revised Code	2958
shall be spent simultaneously in proportion to the state's and the	2959
school district's respective portions of that basic project cost.	2960

(I) Sections 3318.13, 3318.14, and 3318.16 of the Revised	2961
Code apply to projects under sections 3318.40 to 3318.45 of the	2962
Revised Code.	2963

Sec. 3333.045.  As used in this section, "state university or	2964
college" means any state university listed in section 3345.011 of	2965
the Revised Code, the northeastern Ohio universities college of	2966
medicine, the medical collegeuniversity of Ohio at Toledo, any	2967
community college under Chapter 3354. of the Revised Code, any	2968
university branch district under Chapter 3355. of the Revised	2969
Code, any technical college under Chapter 3357. of the Revised	2970
Code, and any state community college under Chapter 3358. of the	2971
Revised Code.	2972

The Ohio board of regents shall work with the attorney	2973
general, the auditor of state, and the Ohio ethics commission to	2974
develop a model for training members of the boards of trustees of	2975
all state universities and colleges and members of the board of	2976
regents regarding the authority and responsibilities of a board of	2977
trustees or the board of regents. This model shall include a	2978
review of fiduciary responsibilities, ethics, and fiscal	2979
management. Use of this model by members of boards of trustees and	2980
the board of regents shall be voluntary.	2981

This section does not apply to the three members of the board	2982
of trustees of the northeastern Ohio universities college of	2983
medicine who are presidents of state universities.	2984

Sec. 3333.072. The Ohio board of regents, after consulting	2985
with the state colleges and universities and with the office of	2986
budget and management, shall adopt rules in accordance with	2987
Chapter 119. of the Revised Code to govern the allocation of state	2988
capital appropriations to state colleges and universities. In	2989
drafting the rules, the board shall incorporate the	2990
recommendations of the final report of the commission to study	2991
higher education debt service, issued June 28, 1994, as these	2992
recommendations have been utilized and modified in procedures	2993
developed by the board and the office of budget and management	2994
since the report was issued.	2995

Sec. 3334.01.  As used in this chapter:

2996

(A) "Aggregate original principal amount" means the aggregate	2997
of the initial offering prices to the public of college savings	2998
bonds, exclusive of accrued interest, if any. "Aggregate original	2999
principal amount" does not mean the aggregate accreted amount	3000
payable at maturity or redemption of such bonds.	3001

(B) "Beneficiary" means:

3002

(1) An individual designated by the purchaser under a tuition	3003
payment contract or through a scholarship program as the	3004
individual on whose behalf tuition credits purchased under the	3005
contract or awarded through the scholarship program will be	3006
applied toward the payment of undergraduate, graduate, or	3007
professional tuition; or	3008

(2) An individual designated by the contributor under a	3009
variable college savings program contract as the individual whose	3010
tuition and other higher education expenses will be paid from a	3011
variable college savings program account.	3012

(C) "Capital appreciation bond" means a bond for which the	3013
following is true:	3014

(1) The principal amount is less than the amount payable at	3015
maturity or early redemption; and	3016

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

3017

(D) "Tuition credit" means a credit of the Ohio tuition trust	3018
authority purchased under section 3334.09 of the Revised Code.	3019

(E) "College savings bonds" means revenue and other	3020
obligations issued on behalf of the state or any agency or issuing	3021
authority thereof as a zero-coupon or capital appreciation bond,	3022
and designated as college savings bonds as provided in this	3023
chapter. "College savings bond issue" means any issue of bonds of	3024
which any part has been designated as college savings bonds.	3025

(F) "Institution of higher education" means a state	3026
institution of higher education, a private college, university, or	3027
other postsecondary institution located in this state that	3028
possesses a certificate of authorization issued by the Ohio board	3029
of regents pursuant to Chapter 1713. of the Revised Code or a	3030
certificate of registration issued by the state board of career	3031
colleges and schools under Chapter 3332. of the Revised Code, or	3032
an accredited college, university, or other postsecondary	3033
institution located outside this state that is accredited by an	3034
accrediting organization or professional association recognized by	3035
the authority. To be considered an institution of higher	3036
education, an institution shall meet the definition of an eligible	3037
educational institution under section 529 of the Internal Revenue	3038
Code.	3039

(G) "Issuing authority" means any authority, commission,	3040
body, agency, or individual empowered by the Ohio Constitution or	3041
the Revised Code to issue bonds or any other debt obligation of	3042
the state or any agency or department thereof. "Issuer" means the	3043
issuing authority or, if so designated under division (B) of	3044
section 3334.04 of the Revised Code, the treasurer of state.	3045

(H) "Tuition" means the charges imposed to attend an	3046
institution of higher education as an undergraduate, graduate, or	3047
professional student and all fees required as a condition of	3048
enrollment, as determined by the Ohio tuition trust authority.	3049
"Tuition" does not include laboratory fees, room and board, or	3050
other similar fees and charges.	3051

(I) "Weighted average tuition" means the tuition cost	3052
resulting from the following calculation:	3053

(1) Add the products of the annual undergraduate tuition	3054
charged to Ohio residents at each four-year state university	3055
multiplied by that institution's total number of undergraduate	3056
fiscal year equated students; and	3057

(2) Divide the gross total of the products from division	3058
(I)(1) of this section by the total number of undergraduate fiscal	3059
year equated students attending four-year state universities.	3060

When making this calculation, the "annual undergraduate	3061
tuition charged to Ohio residents" shall not incorporate any	3062
tuition reductions that vary in amount among individual recipients	3063
and that are awarded to Ohio residents based upon their particular	3064
circumstances, beyond any minimum amount awarded uniformly to all	3065
Ohio residents. In addition, any tuition reductions awarded	3066
uniformly to all Ohio residents shall be incorporated into this	3067
calculation.	3068

(J) "Zero-coupon bond" means a bond which has a stated	3069
interest rate of zero per cent and on which no interest is payable	3070
until the maturity or early redemption of the bond, and is offered	3071
at a substantial discount from its original stated principal	3072
amount.	3073

(K) "State institution of higher education" includes the	3074
state universities listed in section 3345.011 of the Revised Code,	3075
community colleges created pursuant to Chapter 3354. of the	3076
Revised Code, university branches created pursuant to Chapter	3077
3355. of the Revised Code, technical colleges created pursuant to	3078
Chapter 3357. of the Revised Code, state community colleges	3079
created pursuant to Chapter 3358. of the Revised Code, the medical	3080
collegeuniversity of Ohio at Toledo, and the northeastern Ohio	3081
universities college of medicine.	3082

(L) "Four-year state university" means those state	3083
universities listed in section 3345.011 of the Revised Code.	3084

(M) "Principal amount" refers to the initial offering price	3085
to the public of an obligation, exclusive of the accrued interest,	3086
if any. "Principal amount" does not refer to the aggregate	3087
accreted amount payable at maturity or redemption of an	3088
obligation.	3089

(N) "Scholarship program" means a program registered with the	3090
Ohio tuition trust authority pursuant to section 3334.17 of the	3091
Revised Code.	3092

(O) "Internal Revenue Code" means the "Internal Revenue Code	3093
of 1986," 100 Stat. 2085, 26 U.S.C.A. 1 et seq., as amended.	3094

(P) "Other higher education expenses" means room and board	3095
and books, supplies, equipment, and nontuition-related fees	3096
associated with the cost of attendance of a beneficiary at an	3097
institution of higher education, but only to the extent that such	3098
expenses meet the definition of "qualified higher education	3099
expenses" under section 529 of the Internal Revenue Code. "Other	3100
higher education expenses" does not include tuition as defined in	3101
division (H) of this section.	3102

(Q) "Purchaser" means the person signing the tuition payment	3103
contract, who controls the account and acquires tuition credits	3104
for an account under the terms and conditions of the contract.	3105

(R) "Contributor" means a person who signs a variable college	3106
savings program contract with the Ohio tuition trust authority and	3107
contributes to and owns the account created under the contract.	3108

(S) "Contribution" means any payment directly allocated to an	3109
account for the benefit of the designated beneficiary of the	3110
account.	3111

Sec. 3345.04.  (A) As used in this section, "felony" has the	3112
same meaning as in section 109.511 of the Revised Code.	3113

(B) Subject to division (C) of this section, the board of	3114
trustees of a state university, the board of trustees of the	3115
medical collegeuniversity of Ohio at Toledo, the board of	3116
trustees of the northeastern Ohio universities college of	3117
medicine, the board of trustees of a state community college, and	3118
the board of trustees of a technical college or community college	3119
district operating a technical or a community college may	3120
designate one or more employees of the institution, as a state	3121
university law enforcement officer, in accordance with section	3122
109.77 of the Revised Code, and, as state university law	3123
enforcement officers, those employees shall take an oath of	3124
office, wear the badge of office, serve as peace officers for the	3125
college or university, and give bond to the state for the proper	3126
and faithful discharge of their duties in the amount that the	3127
board of trustees requires.	3128

(C)(1) The board of trustees of an institution listed in	3129
division (B) of this section shall not designate an employee of	3130
the institution as a state university law enforcement officer	3131
pursuant to that division on a permanent basis, on a temporary	3132
basis, for a probationary term, or on other than a permanent basis	3133
if the employee previously has been convicted of or has pleaded	3134
guilty to a felony.	3135

(2)(a) The board of trustees shall terminate the employment	3136
as a state university law enforcement officer of an employee	3137
designated as a state university law enforcement officer under	3138
division (B) of this section if that employee does either of the	3139
following:	3140

(i) Pleads guilty to a felony;

3141

(ii) Pleads guilty to a misdemeanor pursuant to a negotiated	3142
plea agreement as provided in division (D) of section 2929.43 of	3143
the Revised Code in which the employee agrees to surrender the	3144
certificate awarded to the employee under section 109.77 of the	3145
Revised Code.	3146

(b) The board of trustees shall suspend from employment as a	3147
state university law enforcement officer an employee designated as	3148
a state university law enforcement officer under division (B) of	3149
this section if that employee is convicted, after trial, of a	3150
felony. If the state university law enforcement officer files an	3151
appeal from that conviction and the conviction is upheld by the	3152
highest court to which the appeal is taken or if the state	3153
university law enforcement officer does not file a timely appeal,	3154
the board of trustees shall terminate the employment of that state	3155
university law enforcement officer. If the state university law	3156
enforcement officer files an appeal that results in that officer's	3157
acquittal of the felony or conviction of a misdemeanor, or in the	3158
dismissal of the felony charge against that officer, the board of	3159
trustees shall reinstate that state university law enforcement	3160
officer. A state university law enforcement officer who is	3161
reinstated under division (C)(2)(b) of this section shall not	3162
receive any back pay unless that officer's conviction of the	3163
felony was reversed on appeal, or the felony charge was dismissed,	3164
because the court found insufficient evidence to convict the	3165
officer of the felony.	3166

(3) Division (C) of this section does not apply regarding an	3167
offense that was committed prior to January 1, 1997.	3168

(4) The suspension from employment, or the termination of the	3169
employment, of a state university law enforcement officer under	3170
division (C)(2) of this section shall be in accordance with	3171
Chapter 119. of the Revised Code.	3172

Sec. 3345.12.  (A) As used in this section and sections	3173
3345.07 and 3345.11 of the Revised Code, in other sections of the	3174
Revised Code that make reference to this section unless the	3175
context does not permit, and in related bond proceedings unless	3176
otherwise expressly provided:	3177

(1) "State university or college" means each of the state	3178
universities identified in section 3345.011 of the Revised Code,	3179
the northeastern Ohio universities college of medicine, and the	3180
medical collegeuniversity of Ohio at Toledo, and includes its	3181
board of trustees.	3182

(2) "Institution of higher education" or "institution" means	3183
a state university or college, or a community college district,	3184
technical college district, university branch district, or state	3185
community college, and includes the applicable board of trustees	3186
or, in the case of a university branch district, any other	3187
managing authority.	3188

(3) "Housing and dining facilities" means buildings,	3189
structures, and other improvements, and equipment, real estate,	3190
and interests in real estate therefor, to be used for or in	3191
connection with dormitories or other living quarters and	3192
accommodations, or related dining halls or other food service and	3193
preparation facilities, for students, members of the faculty,	3194
officers, or employees of the institution of higher education, and	3195
their spouses and families.	3196

(4) "Auxiliary facilities" means buildings, structures, and	3197
other improvements, and equipment, real estate, and interests in	3198
real estate therefor, to be used for or in connection with student	3199
activity or student service facilities, housing and dining	3200
facilities, dining halls, and other food service and preparation	3201
facilities, vehicular parking facilities, bookstores, athletic and	3202
recreational facilities, faculty centers, auditoriums, assembly	3203
and exhibition halls, hospitals, infirmaries and other medical and	3204
health facilities, research, and continuing education facilities.	3205

(5) "Education facilities" means buildings, structures, and	3206
other improvements, and equipment, real estate, and interests in	3207
real estate therefor, to be used for or in connection with,	3208
classrooms or other instructional facilities, libraries,	3209
administrative and office facilities, and other facilities, other	3210
than auxiliary facilities, to be used directly or indirectly for	3211
or in connection with the conduct of the institution of higher	3212
education.	3213

(6) "Facilities" means housing and dining facilities,	3214
auxiliary facilities, or education facilities, and includes any	3215
one, part of, or any combination of such facilities, and further	3216
includes site improvements, utilities, machinery, furnishings, and	3217
any separate or connected buildings, structures, improvements,	3218
sites, open space and green space areas, utilities or equipment to	3219
be used in, or in connection with the operation or maintenance of,	3220
or supplementing or otherwise related to the services or	3221
facilities to be provided by, such facilities.	3222

(7) "Obligations" means bonds or notes or other evidences of	3223
obligation, including interest coupons pertaining thereto,	3224
authorized to be issued under this section or section 3345.07,	3225
3345.11, 3354.121, 3355.091, 3357.112, or 3358.10 of the Revised	3226
Code.	3227

(8) "Bond service charges" means principal, including any	3228
mandatory sinking fund or redemption requirements for the	3229
retirement of obligations, interest, or interest equivalent and	3230
other accreted amounts, and any call premium required to be paid	3231
on obligations.	3232

(9) "Bond proceedings" means the resolutions, trust	3233
agreement, indenture, and other agreements and credit enhancement	3234
facilities, and amendments and supplements to the foregoing, or	3235
any one or more or combination thereof, authorizing, awarding, or	3236
providing for the terms and conditions applicable to, or providing	3237
for the security or liquidity of, obligations, and the provisions	3238
contained in those obligations.	3239

(10) "Costs of facilities" means the costs of acquiring,	3240
constructing, reconstructing, rehabilitating, remodeling,	3241
renovating, enlarging, improving, equipping, or furnishing	3242
facilities, and the financing thereof, including the cost of	3243
clearance and preparation of the site and of any land to be used	3244
in connection with facilities, the cost of any indemnity and	3245
surety bonds and premiums on insurance, all related direct	3246
administrative expenses and allocable portions of direct costs of	3247
the institution of higher education or state agency, cost of	3248
engineering, architectural services, design, plans, specifications	3249
and surveys, estimates of cost, legal fees, fees and expenses of	3250
trustees, depositories, bond registrars, and paying agents for the	3251
obligations, cost of issuance of the obligations and financing	3252
costs and fees and expenses of financial advisers and consultants	3253
in connection therewith, interest on the obligations from the date	3254
thereof to the time when interest is to be covered by available	3255
receipts or other sources other than proceeds of the obligations,	3256
amounts necessary to establish reserves as required by the bond	3257
proceedings, costs of audits, the reimbursements of all moneys	3258
advanced or applied by or borrowed from the institution or others,	3259
from whatever source provided, including any temporary advances	3260
from state appropriations, for the payment of any item or items of	3261
cost of facilities, and all other expenses necessary or incident	3262
to planning or determining feasibility or practicability with	3263
respect to facilities, and such other expenses as may be necessary	3264
or incident to the acquisition, construction, reconstruction,	3265
rehabilitation, remodeling, renovation, enlargement, improvement,	3266
equipment, and furnishing of facilities, the financing thereof and	3267
the placing of them in use and operation, including any one, part	3268
of, or combination of such classes of costs and expenses.	3269

(11) "Available receipts" means all moneys received by the	3270
institution of higher education, including income, revenues, and	3271
receipts from the operation, ownership, or control of facilities,	3272
grants, gifts, donations, and pledges and receipts therefrom,	3273
receipts from fees and charges, and the proceeds of the sale of	3274
obligations, including proceeds of obligations issued to refund	3275
obligations previously issued, but excluding any special fee, and	3276
receipts therefrom, charged pursuant to division (D) of section	3277
154.21 of the Revised Code.	3278

(12) "Credit enhancement facilities" has the meaning given in	3279
division (H) of section 133.01 of the Revised Code.	3280

(13) "Financing costs" has the meaning given in division (K)	3281
of section 133.01 of the Revised Code.	3282

(14) "Interest" or "interest equivalent" has the meaning	3283
given in division (R) of section 133.01 of the Revised Code.	3284

(B) Obligations issued under section 3345.07 or 3345.11 of	3285
the Revised Code by a state university or college shall be	3286
authorized by resolution of its board of trustees. Obligations	3287
issued by any other institution of higher education shall be	3288
authorized by resolution of its board of trustees, or managing	3289
directors in the case of certain university branch districts, as	3290
applicable. Sections 9.96 and 9.98 to 9.983 of the Revised Code	3291
apply to obligations. Obligations may be issued to pay costs of	3292
facilities even if the institution anticipates the possibility of	3293
a future state appropriation to pay all or a portion of such	3294
costs.	3295

(C) Obligations shall be secured by a pledge of and lien on	3296
all or such part of the available receipts of the institution of	3297
higher education as it provides for in the bond proceedings,	3298
excluding moneys raised by taxation and state appropriations. Such	3299
pledge and lien may be made prior to all other expenses, claims,	3300
or payments, excepting any pledge of such available receipts	3301
previously made to the contrary and except as provided by any	3302
existing restrictions on the use thereof, or such pledge and lien	3303
may be made subordinate to such other expenses, claims, or	3304
payments, as provided in the bond proceedings. Obligations may be	3305
additionally secured by covenants of the institution to make, fix,	3306
adjust, collect, and apply such charges, rates, fees, rentals, and	3307
other items of available receipts as will produce pledged	3308
available receipts sufficient to meet bond service charges,	3309
reserve, and other requirements provided for in the bond	3310
proceedings. Notwithstanding this and any other sections of the	3311
Revised Code, the holders or owners of the obligations shall not	3312
be given the right and shall have no right to have excises or	3313
taxes levied by the general assembly for the payment of bond	3314
service charges thereon, and each such obligation shall bear on	3315
its face a statement to that effect and to the effect that the	3316
right to such payment is limited to the available receipts and	3317
special funds pledged to such purpose under the bond proceedings.	3318

All pledged available receipts and funds and the proceeds of	3319
obligations are trust funds and, subject to the provisions of this	3320
section and the applicable bond proceedings, shall be held,	3321
deposited, invested, reinvested, disbursed, applied, and used to	3322
such extent, in such manner, at such times, and for such purposes,	3323
as are provided in the bond proceedings.	3324

(D) The bond proceedings for obligations shall provide for	3325
the purpose thereof and the principal amount or maximum principal	3326
amount, and provide for or authorize the manner of determining the	3327
principal maturity or maturities, the sale price including any	3328
permitted discount, the interest rate or rates, which may be a	3329
variable rate or rates, or the maximum interest rate, the date of	3330
the obligations and the date or dates of payment of interest	3331
thereon, their denominations, the manner of sale thereof, and the	3332
establishment within or without the state of a place or places of	3333
payment of bond service charges. The bond proceedings also shall	3334
provide for a pledge of and lien on available receipts of the	3335
institution of higher education as provided in division (C) of	3336
this section, and a pledge of and lien on such fund or funds	3337
provided in the bond proceedings arising from available receipts,	3338
which pledges and liens may provide for parity with obligations	3339
theretofore or thereafter issued by the institution. The available	3340
receipts so pledged and thereafter received by the institution and	3341
the funds so pledged are immediately subject to the lien of such	3342
pledge without any physical delivery thereof or further act, and	3343
the lien of any such pledge is valid and binding against all	3344
parties having claims of any kind against the institution,	3345
irrespective of whether such parties have notice thereof, and	3346
shall create a perfected security interest for all purposes of	3347
Chapter 1309. of the Revised Code, without the necessity for	3348
separation or delivery of funds or for the filing or recording of	3349
the bond proceedings by which such pledge is created or any	3350
certificate, statement, or other document with respect thereto;	3351
and the pledge of such available receipts and funds shall be	3352
effective and the money therefrom and thereof may be applied to	3353
the purposes for which pledged without necessity for any act of	3354
appropriation.	3355

(E) The bond proceedings may contain additional provisions	3356
customary or appropriate to the financing or to the obligations or	3357
to particular obligations, including:	3358

(1) The acquisition, construction, reconstruction, equipment,	3359
furnishing, improvement, operation, alteration, enlargement,	3360
maintenance, insurance, and repair of facilities, and the duties	3361
of the institution of higher education with reference thereto;	3362

(2) The terms of the obligations, including provisions for	3363
their redemption prior to maturity at the option of the	3364
institution of higher education at such price or prices and under	3365
such terms and conditions as are provided in the bond proceedings;	3366

(3) Limitations on the purposes to which the proceeds of the	3367
obligations may be applied;	3368

(4) The rates or rentals or other charges for the use of or	3369
right to use the facilities financed by the obligations, or other	3370
properties the revenues or receipts from which are pledged to the	3371
obligations, and rules for assuring use and occupancy thereof,	3372
including limitations upon the right to modify such rates,	3373
rentals, other charges, or regulations;	3374

(5) The use and expenditure of the pledged available receipts	3375
in such manner and to such extent as shall be determined, which	3376
may include provision for the payment of the expenses of	3377
operation, maintenance, and repair of facilities so that such	3378
expenses, or part thereof, shall be paid or provided as a charge	3379
prior or subsequent to the payment of bond service charges and any	3380
other payments required to be made by the bond proceedings;	3381

(6) Limitations on the issuance of additional obligations;

3382

(7) The terms of any trust agreement or indenture securing	3383
the obligations or under which the same may be issued;	3384

(8) The deposit, investment, and application of funds, and	3385
the safeguarding of funds on hand or on deposit without regard to	3386
Chapter 131. or 135. of the Revised Code, and any bank or trust	3387
company or other financial institution that acts as depository of	3388
any moneys under the bond proceedings shall furnish such	3389
indemnifying bonds or pledge such securities as required by the	3390
bond proceedings or otherwise by the institution of higher	3391
education;	3392

(9) The binding effect of any or every provision of the bond	3393
proceedings upon such officer, board, commission, authority,	3394
agency, department, or other person or body as may from time to	3395
time have the authority under law to take such actions as may be	3396
necessary to perform all or any part of the duty required by such	3397
provision;	3398

(10) Any provision that may be made in a trust agreement or	3399
indenture;	3400

(11) Any other or additional agreements with respect to the	3401
facilities of the institution of higher education, their	3402
operation, the available receipts and funds pledged, and insurance	3403
of facilities and of the institution its officers and employees.	3404

(F) Such obligations may have the seal of the institution of	3405
higher education or a facsimile thereof affixed thereto or printed	3406
thereon and shall be executed by such officers as are designated	3407
in the bond proceedings, which execution may be by facsimile	3408
signatures. Any obligations may be executed by an officer who, on	3409
the date of execution, is the proper officer although on the date	3410
of such obligations such person was not the proper officer. In	3411
case any officer whose signature or a facsimile of whose signature	3412
appears on any such obligation ceases to be such officer before	3413
delivery thereof, such signature or facsimile is nevertheless	3414
valid and sufficient for all purposes as if the person had	3415
remained such officer until such delivery; and in case the seal of	3416
the institution has been changed after a facsimile of the seal has	3417
been imprinted on such obligations, such facsimile seal continues	3418
to be sufficient as to such obligations and obligations issued in	3419
substitution or exchange therefor.	3420

(G) All such obligations are negotiable instruments and	3421
securities under Chapter 1308. of the Revised Code, subject to the	3422
provisions of the bond proceedings as to registration. The	3423
obligations may be issued in coupon or in registered form, or	3424
both. Provision may be made for the registration of any	3425
obligations with coupons attached thereto as to principal alone or	3426
as to both principal and interest, their exchange for obligations	3427
so registered, and for the conversion or reconversion into	3428
obligations with coupons attached thereto of any obligations	3429
registered as to both principal and interest, and for reasonable	3430
charges for such registration, exchange, conversion, and	3431
reconversion.	3432

(H) Pending preparation of definitive obligations, the	3433
institution of higher education may issue interim receipts or	3434
certificates which shall be exchanged for such definitive	3435
obligations.	3436

(I) Such obligations may be secured additionally by a trust	3437
agreement or indenture between the institution of higher education	3438
and a corporate trustee, which may be any trust company or bank	3439
having the powers of a trust company within or without this state	3440
but authorized to exercise trust powers within this state. Any	3441
such agreement or indenture may contain the resolution authorizing	3442
the issuance of the obligations, any provisions that may be	3443
contained in the bond proceedings as authorized by this section,	3444
and other provisions which are customary or appropriate in an	3445
agreement or indenture of such type, including:	3446

(1) Maintenance of each pledge, trust agreement, and	3447
indenture, or other instrument comprising part of the bond	3448
proceedings until the institution of higher education has fully	3449
paid the bond service charges on the obligations secured thereby,	3450
or provision therefor has been made;	3451

(2) In the event of default in any payments required to be	3452
made by the bond proceedings, or any other agreement of the	3453
institution of higher education made as a part of the contract	3454
under which the obligations were issued, enforcement of such	3455
payments or agreement by mandamus, the appointment of a receiver,	3456
suit in equity, action at law, or any combination of the	3457
foregoing;	3458

(3) The rights and remedies of the holders of obligations and	3459
of the trustee, and provisions for protecting and enforcing them,	3460
including limitations on rights of individual holders of	3461
obligations;	3462

(4) The replacement of any obligations that become mutilated	3463
or are destroyed, lost, or stolen;	3464

(5) Such other provisions as the trustee and the institution	3465
of higher education agree upon, including limitations, conditions,	3466
or qualifications relating to any of the foregoing.	3467

(J) Each duty of the institution of higher education and its	3468
officers or employees, undertaken pursuant to the bond proceedings	3469
or any related agreement or lease made under authority of law, is	3470
hereby established as a duty of such institution, and of each such	3471
officer or employee having authority to perform such duty,	3472
specially enjoined by law resulting from an office, trust, or	3473
station within the meaning of section 2731.01 of the Revised Code.	3474
The persons who are at the time the members of the board of	3475
trustees or the managing directors of the institution or its	3476
officers or employees are not liable in their personal capacities	3477
on such obligations, or lease, or other agreement of the	3478
institution.	3479

(K) The authority to issue obligations includes authority to:

3480

(1) Issue obligations in the form of bond anticipation notes	3481
and to renew them from time to time by the issuance of new notes.	3482
Such notes are payable solely from the available receipts and	3483
funds that may be pledged to the payment of such bonds, or from	3484
the proceeds of such bonds or renewal notes, or both, as the	3485
institution of higher education provides in its resolution	3486
authorizing such notes. Such notes may be additionally secured by	3487
covenants of the institution to the effect that it will do such or	3488
all things necessary for the issuance of such bonds or renewal	3489
notes in appropriate amount, and either exchange such bonds or	3490
renewal notes therefor or apply the proceeds thereof to the extent	3491
necessary, to make full payment of the bond service charges on	3492
such notes at the time or times contemplated, as provided in such	3493
resolution. Subject to the provisions of this division, all	3494
references to obligations in this section apply to such	3495
anticipation notes.	3496

(2) Issue obligations to refund, including funding and	3497
retirement of, obligations previously issued to pay costs of	3498
facilities. Such obligations may be issued in amounts sufficient	3499
for payment of the principal amount of the obligations to be so	3500
refunded, any redemption premiums thereon, principal maturities of	3501
any obligations maturing prior to the redemption of any other	3502
obligations on a parity therewith to be so refunded, interest	3503
accrued or to accrue to the maturity date or dates of redemption	3504
of such obligations, and any expenses incurred or to be incurred	3505
in connection with such refunding or the issuance of the	3506
obligations.	3507

(L) Obligations are lawful investments for banks, societies	3508
for savings, savings and loan associations, deposit guarantee	3509
associations, trust companies, trustees, fiduciaries, insurance	3510
companies, including domestic for life and domestic not for life,	3511
trustees or other officers having charge of sinking and bond	3512
retirement or other special funds of political subdivisions and	3513
taxing districts of this state, the commissioners of the sinking	3514
fund, the administrator of workers' compensation in accordance	3515
with the investment policy established by the workers'	3516
compensation oversight commission pursuant to section 4121.12 of	3517
the Revised Code, the state teachers retirement system, the public	3518
employees retirement system, the school employees retirement	3519
system, and the Ohio police and fire pension fund, notwithstanding	3520
any other provisions of the Revised Code or rules adopted pursuant	3521
thereto by any state agency with respect to investments by them,	3522
and are also acceptable as security for the deposit of public	3523
moneys.	3524

(M) All facilities purchased, acquired, constructed, or owned	3525
by an institution of higher education, or financed in whole or in	3526
part by obligations issued by an institution, and used for the	3527
purposes of the institution or other publicly owned and controlled	3528
college or university, is public property used exclusively for a	3529
public purpose, and such property and the income therefrom is	3530
exempt from all taxation and assessment within this state,	3531
including ad valorem and excise taxes. The obligations, the	3532
transfer thereof, and the income therefrom, including any profit	3533
made on the sale thereof, are at all times free from taxation	3534
within the state. The transfer of tangible personal property by	3535
lease under authority of this section or section 3345.07, 3345.11,	3536
3354.121, 3355.091, 3357.112, or 3358.10 of the Revised Code is	3537
not a sale as used in Chapter 5739. of the Revised Code.	3538

(N) The authority granted by this section is cumulative with	3539
the authority granted to institutions of higher education under	3540
Chapter 154. of the Revised Code, and nothing in this section	3541
impairs or limits the authority granted by Chapter 154. of the	3542
Revised Code. In any lease, agreement, or commitment made by an	3543
institution of higher education under Chapter 154. of the Revised	3544
Code, it may agree to restrict or subordinate any pledge it may	3545
thereafter make under authority of this section.	3546

(O) Title to lands acquired under this section and sections	3547
3345.07 and 3345.11 of the Revised Code by a state university or	3548
college shall be taken in the name of the state.	3549

(P) Except where costs of facilities are to be paid in whole	3550
or in part from funds appropriated by the general assembly,	3551
section 125.81 of the Revised Code and the requirement for	3552
certification with respect thereto under section 153.04 of the	3553
Revised Code do not apply to such facilities.	3554

(Q) A state university or college may sell or lease lands or	3555
interests in land owned by it or by the state for its use, or	3556
facilities authorized to be acquired or constructed by it under	3557
section 3345.07 or 3345.11 of the Revised Code, to permit the	3558
purchasers or lessees thereof to acquire, construct, equip,	3559
furnish, reconstruct, alter, enlarge, remodel, renovate,	3560
rehabilitate, improve, maintain, repair, or maintain and operate	3561
thereon and to provide by lease or otherwise to such institution,	3562
facilities authorized in section 3345.07 or 3345.11 of the Revised	3563
Code. Such land or interests therein shall be sold for such	3564
appraised value, or leased, and on such terms as the board of	3565
trustees determines. All deeds or other instruments relating to	3566
such sales or leases shall be executed by such officer of the	3567
state university or college as the board of trustees designates.	3568
The state university or college shall hold, invest, or use the	3569
proceeds of such sales or leases for the same purposes for which	3570
proceeds of borrowings may be used under sections 3345.07 and	3571
3345.11 of the Revised Code.	3572

(R) An institution of higher education may pledge available	3573
receipts, to the extent permitted by division (C) of this section	3574
with respect to obligations, to secure the payments to be made by	3575
it under any lease, lease with option to purchase, or	3576
lease-purchase agreement authorized under this section or section	3577
3345.07, 3345.11, 3354.121, 3355.091, 3357.112, or 3358.10 of the	3578
Revised Code.	3579

Sec. 3345.17.  All property, personal, real, or mixed of the	3580
boards of trustees and of the housing commissions of the state	3581
universities, the medical collegeuniversity of Ohio at Toledo,	3582
the northeastern Ohio universities college of medicine, and of the	3583
state held for the use and benefit of any such institution, which	3584
is used for the support of such institution, is exempt from	3585
taxation so long as such property is used for the support of such	3586
university or college.	3587

Sec. 3345.31.  The boards of trustees of a state university,	3588
the board of trustees of the medical collegeuniversity of Ohio at	3589
Toledo, the board of trustees of the northeastern Ohio	3590
universities college of medicine, the board of trustees of a	3591
technical college or community college district, and the board of	3592
control of the Ohio agricultural research and development center	3593
may establish compensation plans, including schedules of hourly	3594
rates, for the compensation of all employees and may establish	3595
rules or policies for the administration of their respective	3596
compensation plans.	3597

The provisions of this section do not apply to employees for	3598
whom the state employment relations board establishes appropriate	3599
bargaining units pursuant to section 4117.06 of the Revised Code.	3600

Sec. 3345.32.  (A) As used in this section:

3601

(1) "State university or college" means the institutions	3602
described in section 3345.27 of the Revised Code, the northeastern	3603
Ohio universities college of medicine, and the medical college	3604
university of Ohio at Toledo.	3605

(2) "Resident" has the meaning specified by rule of the Ohio	3606
board of regents.	3607

(3) "Statement of selective service status" means a statement	3608
certifying one of the following:	3609

(a) That the individual filing the statement has registered	3610
with the selective service system in accordance with the "Military	3611
Selective Service Act," 62 Stat. 604, 50 U.S.C. App. 453, as	3612
amended;	3613

(b) That the individual filing the statement is not required	3614
to register with the selective service for one of the following	3615
reasons:	3616

(i) The individual is under eighteen or over twenty-six years	3617
of age;	3618

(ii) The individual is on active duty with the armed forces	3619
of the United States other than for training in a reserve or	3620
national guard unit;	3621

(iii) The individual is a nonimmigrant alien lawfully in the	3622
United States in accordance with section 101 (a)(15) of the	3623
"Immigration and Nationality Act," 8 U.S.C. 1101, as amended;	3624

(iv) The individual is not a citizen of the United States and	3625
is a permanent resident of the Trust Territory of the Pacific	3626
Islands or the Northern Mariana Islands.	3627

(4) "Institution of higher education" means any eligible	3628
institution approved by the United States department of education	3629
pursuant to the "Higher Education Act of 1965," 79 Stat. 1219, as	3630
amended, or any institution whose students are eligible for	3631
financial assistance under any of the programs described by	3632
division (E) of this section.	3633

(B) The Ohio board of regents shall, by rule, specify the	3634
form of statements of selective service status to be filed in	3635
compliance with divisions (C) to (F) of this section. Each	3636
statement of selective service status shall contain a section	3637
wherein a male student born after December 31, 1959, certifies	3638
that the student has registered with the selective service system	3639
in accordance with the "Military Selective Service Act," 62 Stat.	3640
604, 50 U.S.C. App. 453, as amended. For those students not	3641
required to register with the selective service, as specified in	3642
divisions (A)(2)(b)(i) to (iv) of this section, a section shall be	3643
provided on the statement of selective service status for the	3644
certification of nonregistration and for an explanation of the	3645
reason for the exemption. The board of regents may require that	3646
such statements be accompanied by documentation specified by rule	3647
of the board.	3648

(C) A state university or college that enrolls in any course,	3649
class, or program a male student born after December 31, 1959, who	3650
has not filed a statement of selective service status with the	3651
university or college shall, regardless of the student's	3652
residency, charge the student any tuition surcharge charged	3653
students who are not residents of this state.	3654

(D) No male born after December 31, 1959, shall be eligible	3655
to receive any loan, grant, scholarship, or other financial	3656
assistance for educational expenses under section 3315.33,	3657
3333.12, 3333.21, 3333.22, 3333.26, 3333.27, 5910.03, 5910.032, or	3658
5919.34 of the Revised Code unless that person has filed a	3659
statement of selective service status with that person's	3660
institution of higher education.	3661

(E) If an institution of higher education receives a	3662
statement from an individual certifying that the individual has	3663
registered with the selective service system in accordance with	3664
the "Military Selective Service Act," 62 Stat. 604, 50 U.S.C. App.	3665
453, as amended or that the individual is exempt from registration	3666
for a reason other than that the individual is under eighteen	3667
years of age, the institution shall not require the individual to	3668
file any further statements. If it receives a statement certifying	3669
that the individual is not required to register because the	3670
individual is under eighteen years of age, the institution shall	3671
require the individual to file a new statement of selective	3672
service status each time the individual seeks to enroll for a new	3673
academic term or makes application for a new loan or loan	3674
guarantee or for any form of financial assistance for educational	3675
expenses, until it receives a statement certifying that the	3676
individual has registered with the selective service system or is	3677
exempt from registration for a reason other than that the	3678
individual is under eighteen years of age.	3679

Sec. 3345.50.  Notwithstanding anything to the contrary in	3680
sections 123.01 and 123.15 of the Revised Code, a state	3681
university, the medical collegeuniversity of Ohio at Toledo, a	3682
state community college, or the northeastern Ohio universities	3683
college of medicine not certified pursuant to section 123.17 of	3684
the Revised Code may administer any capital facilities project for	3685
the construction, reconstruction, improvement, renovation,	3686
enlargement, or alteration of a public improvement under its	3687
jurisdiction for which the total amount of funds expected to be	3688
appropriated by the general assembly does not exceed four million	3689
dollars without the supervision, control, or approval of the	3690
department of administrative services as specified in those	3691
sections, if both of the following occur:	3692

(A) Within sixty days after the effective date of the section	3693
of an act in which the general assembly initially makes an	3694
appropriation for the project, the board of trustees of the	3695
institution notifies the Ohio board of regents in writing of its	3696
intent to administer the capital facilities project;	3697

(B) The board of trustees complies with the guidelines	3698
established pursuant to section 153.16 of the Revised Code and all	3699
laws that govern the selection of consultants, preparation and	3700
approval of contract documents, receipt of bids, and award of	3701
contracts with respect to the project.	3702

The board of regents shall adopt rules in accordance with	3703
Chapter 119. of the Revised Code that establish criteria for the	3704
administration by any such institution of higher education of a	3705
capital facilities project for which the total amount of funds	3706
expected to be appropriated by the general assembly exceeds four	3707
million dollars. The criteria, to be developed with the department	3708
of administrative services and higher education representatives	3709
selected by the board of regents, shall include such matters as	3710
the adequacy of the staffing levels and expertise needed for the	3711
institution to administer the project, past performance of the	3712
institution in administering such projects, and the amount of	3713
institutional or other nonstate money to be used in financing the	3714
project. The board of regents and the department of administrative	3715
services shall approve the request of any such institution of	3716
higher education that seeks to administer any such capital	3717
facilities project and meets the criteria set forth in the rules	3718
and in the requirements of division (B) of this section.	3719

Sec. 3345.51.  (A) Notwithstanding anything to the contrary	3720
in sections 123.01 and 123.15 of the Revised Code, a state	3721
university, the medical university of Ohio at Toledo, the	3722
northeastern Ohio universities college of medicine, or a state	3723
community college may administer any capital facilities project	3724
for the construction, reconstruction, improvement, renovation,	3725
enlargement, or alteration of a public improvement under its	3726
jurisdiction for which funds are appropriated by the general	3727
assembly without the supervision, control, or approval of the	3728
department of administrative services as specified in those	3729
sections, if all of the following occur:	3730

(1) The institution is certified by the state architect under	3731
section 123.17 of the Revised Code;	3732

(2) Within sixty days after the effective date of the section	3733
of an act in which the general assembly initially makes an	3734
appropriation for the project, the board of trustees of the	3735
institution notifies the Ohio board of regents in writing of its	3736
request to administer the capital facilities project and the board	3737
of regents approves that request pursuant to division (B) of this	3738
section;	3739

(3) The board of trustees passes a resolution stating its	3740
intent to comply with section 153.13 of the Revised Code and the	3741
guidelines established pursuant to section 153.16 of the Revised	3742
Code and all laws that govern the selection of consultants,	3743
preparation and approval of contract documents, receipt of bids,	3744
and award of contracts with respect to the project.	3745

(B) The board of regents shall adopt rules in accordance with	3746
Chapter 119. of the Revised Code that establish criteria for the	3747
administration by any such institution of higher education of a	3748
capital facilities project for which the general assembly	3749
appropriates funds. The criteria, to be developed with the	3750
department of administrative services and higher education	3751
representatives selected by the board of regents, shall include	3752
such matters as the adequacy of the staffing levels and expertise	3753
needed for the institution to administer the project, past	3754
performance of the institution in administering such projects, and	3755
the amount of institutional or other nonstate money to be used in	3756
financing the project. The board of regents shall approve the	3757
request of any such institution of higher education that seeks to	3758
administer any such capital facilities project and meets the	3759
criteria set forth in the rules and the requirements of division	3760
(A) of this section.	3761

(C) Any institution that administers a capital facilities	3762
project under this section shall conduct biennial audits for the	3763
duration of the project to ensure that the institution is	3764
complying with Chapters 9., 123., and 153. of the Revised Code and	3765
that the institution is using its certification issued under	3766
section 123.17 of the Revised Code appropriately. The board of	3767
regents, in consultation with higher education representatives	3768
selected by the board, shall adopt rules in accordance with	3769
Chapter 119. of the Revised Code that establish criteria for the	3770
conduct of the audits. The criteria shall include documentation	3771
necessary to determine compliance with Chapters 9., 123., and 153.	3772
of the Revised Code and a method to determine whether an	3773
institution is using its certification issued under section 123.17	3774
of the Revised Code appropriately.	3775

(D) The board of regents, in consultation with higher	3776
education representatives selected by the board, shall adopt rules	3777
in accordance with Chapter 119. of the Revised Code establishing	3778
criteria for monitoring capital facilities projects administered	3779
by institutions under this section. The criteria shall include the	3780
following:	3781

(1) Conditions under which the board of regents may revoke	3782
the authority of an institution to administer a capital facilities	3783
project under this section, including the failure of an	3784
institution to maintain a sufficient number of employees who have	3785
successfully completed the certification program under section	3786
123.17 of the Revised Code;	3787

(2) A process for institutions to remedy any problems found	3788
by an audit conducted pursuant to division (C) of this section,	3789
including the improper use of state funds or violations of Chapter	3790
9., 123., or 153. of the Revised Code.	3791

(E) If the board of regents revokes an institution's	3792
authority to administer a capital facilities project, the	3793
department of administrative services shall administer the capital	3794
facilities project. The board of regents also may require an	3795
institution, for which the board revoked authority to administer a	3796
capital facilities project, to acquire a new local administration	3797
competency certification pursuant to section 123.17 of the Revised	3798
Code.	3799

Sec. 3345.71.  As used in sections 3345.72 to 3345.77 of the	3800
Revised Code:	3801

(A) "State university or college" means any state university	3802
listed in section 3345.011 of the Revised Code, the northeastern	3803
Ohio universities college of medicine, the medical college	3804
university of Ohio at Toledo, any community college under Chapter	3805
3354. of the Revised Code, any technical college under Chapter	3806
3357. of the Revised Code, and any state community college under	3807
Chapter 3358. of the Revised Code.	3808

(B) "Fiscal watch" means the existence of a fiscal watch	3809
declared under section 3345.72 of the Revised Code.	3810

Sec. 3350.01.  There is hereby created the medical college	3811
university of Ohio at Toledo. The government of the medical	3812
collegeuniversity of Ohio at Toledo is vested in a board of nine	3813
trustees, who shall be appointed by the governor, with the advice	3814
and consent of the senate. Upon December 18, 1964, nine trustees	3815
shall be appointed immediately, one for a term ending May 1, 1965,	3816
one for a term ending May 1, 1966, one for a term ending May 1,	3817
1967, one for a term ending May 1, 1968, one for a term ending May	3818
1, 1969, one for a term ending May 1, 1970, one for a term ending	3819
May 1, 1971, one for a term ending May 1, 1972, and one for a term	3820
ending May 1, 1973. Thereafter, terms of office shall be for nine	3821
years, commencing on the second day of May and ending on the first	3822
day of May. Each trustee shall hold office from the date of	3823
appointment until the end of the term for which the trustee was	3824
appointed. Any trustee appointed to fill a vacancy occurring prior	3825
to the expiration of the term for which the trustee's predecessor	3826
was appointed shall hold office for the remainder of such term.	3827
Any trustee shall continue in office subsequent to the expiration	3828
date of the trustee's term until the trustee's successor takes	3829
office, or until a period of sixty days has elapsed, whichever	3830
occurs first. No person who has served a full nine-year term or	3831
more than six years of such a term shall be eligible to	3832
reappointment until a period of four years has elapsed since the	3833
last day of the term for which the person previously served. The	3834
trustees shall receive no compensation for their services but	3835
shall be paid their reasonable necessary expenses while engaged in	3836
the discharge of their official duties. A majority of the board	3837
constitutes a quorum.	3838

Sec. 3350.02.  The board of trustees of the medical college	3839
university of Ohio at Toledo shall annually elect from its members	3840
a chairmanchairperson and a vice-chairmanvice-chairperson; and	3841
they may also appoint a secretary of the board, a treasurer, and	3842
such other officers of the collegeuniversity as the interest of	3843
the collegeuniversity requires, who may be members of the board.	3844
The treasurer, before entering upon the discharge of histhe	3845
officer duties of treasurer, shall give bond to the state for the	3846
faithful performance of histhe official duties of treasurer and	3847
the proper accounting for all moneys coming into histhe	3848
treasurer's care. The amount of said bond shall be determined by	3849
the board, but shall not be for a sum less than the estimated	3850
amount which may come into histhe treasurer's control at any	3851
time. Said bond shall be approved by the attorney general.	3852

Sec. 3350.03.  The board of trustees of the medical college	3853
university of Ohio at Toledo shall employ, fix the compensation	3854
of, and remove the president and such numbers of professors,	3855
teachers, and other employees as may be deemed necessary. The	3856
board shall do all things necessary for the creation, proper	3857
maintenance, and successful and continuous operation of the	3858
collegeuniversity. The board may accept donations of lands and	3859
moneys for the purposes of such collegeuniversity.	3860

The board may cooperate with the boards of trustees of	3861
Bowling Green state university and the university of Toledo for	3862
the use of faculty, facilities, and programs.	3863

Sec. 3350.04.  The board of trustees of the medical college	3864
university of Ohio at Toledo may receive and hold in trust, for	3865
the use and benefit of the collegeuniversity, any grant or devise	3866
of land, and any donation or bequest of money or other personal	3867
property, to be applied to the general or special use of the	3868
collegeuniversity, unless otherwise directed in the donation or	3869
bequest. The board of trustees of the medical collegeuniversity	3870
of Ohio at Toledo may make and enter into all contracts and	3871
agreements necessary or incidental to the operation of such	3872
collegeuniversity.	3873

Title to any property taken in the name of the Toledo state	3874
college of medicine shall be deemed to have been taken in the name	3875
of the medical collegeuniversity of Ohio.	3876

Sec. 3350.05.  The general assembly shall support the medical	3877
collegeuniversity of Ohio at Toledo by such sums and in such	3878
manner as it may provide, except that no state funds shall be	3879
provided under this section unless such collegeuniversity meets	3880
the requirements of section 3333.11 of the Revised Code. Support	3881
may also come from other sources.	3882

Sec. 3383.01.  As used in this chapter:

3883

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

3884

(1) Visual, musical, dramatic, graphic, design, and other	3885
arts, including, but not limited to, architecture, dance,	3886
literature, motion pictures, music, painting, photography,	3887
sculpture, and theater, and the provision of training or education	3888
in these arts;	3889

(2) The presentation or making available, in museums or other	3890
indoor or outdoor facilities, of principles of science and their	3891
development, use, or application in business, industry, or	3892
commerce or of the history, heritage, development, presentation,	3893
and uses of the arts described in division (A)(1) of this section	3894
and of transportation;	3895

(3) The preservation, presentation, or making available of	3896
features of archaeological, architectural, environmental, or	3897
historical interest or significance in a state historical facility	3898
or a local historical facility.	3899

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

3900

(1) A governmental agency or Ohio nonprofit corporation that	3901
provides programs or activities in areas directly concerned with	3902
culture;	3903

(2) A regional arts and cultural district as defined in	3904
section 3381.01 of the Revised Code.	3905

(C) "Cultural project" means all or any portion of an Ohio	3906
cultural facility for which the general assembly has specifically	3907
authorized the spending of money, or made an appropriation,	3908
pursuant to division (D)(3) or (E) of section 3383.07 of the	3909
Revised Code.	3910

(D) "Cooperative contract" means a contract between the Ohio	3911
cultural facilities commission and a cultural organization	3912
providing the terms and conditions of the cooperative use of an	3913
Ohio cultural facility.	3914

(E) "Costs of operation" means amounts required to manage an	3915
Ohio cultural facility that are incurred following the completion	3916
of construction of its cultural project, provided that both of the	3917
following apply:	3918

(1) Those amounts either:

3919

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

3920

(b) Equal the principal of any endowment fund, the income	3921
from which is dedicated to that purpose.	3922

(2) The commission and the cultural organization have	3923
executed an agreement with respect to either of those funds.	3924

(F) "General building services" means general building	3925
services for an Ohio cultural facility or an Ohio sports facility,	3926
including, but not limited to, general custodial care, security,	3927
maintenance, repair, painting, decoration, cleaning, utilities,	3928
fire safety, grounds and site maintenance and upkeep, and	3929
plumbing.	3930

(G) "Governmental agency" means a state agency, a	3931
state-supported or state-assisted institution of higher education,	3932
a municipal corporation, county, township, or school district, a	3933
port authority created under Chapter 4582. of the Revised Code,	3934
any other political subdivision or special district in this state	3935
established by or pursuant to law, or any combination of these	3936
entities; except where otherwise indicated, the United States or	3937
any department, division, or agency of the United States, or any	3938
agency, commission, or authority established pursuant to an	3939
interstate compact or agreement.	3940

(H) "Local contributions" means the value of an asset	3941
provided by or on behalf of a cultural organization from sources	3942
other than the state, the value and nature of which shall be	3943
approved by the Ohio cultural facilities commission, in its sole	3944
discretion. "Local contributions" may include the value of the	3945
site where a cultural project is to be constructed. All "local	3946
contributions," except a contribution attributable to such a site,	3947
shall be for the costs of construction of a cultural project or	3948
the creation or expansion of an endowment for the costs of	3949
operation of a cultural facility.	3950

(I) "Local historical facility" means a site or facility,	3951
other than a state historical facility, of archaeological,	3952
architectural, environmental, or historical interest or	3953
significance, or a facility, including a storage facility,	3954
appurtenant to the operations of such a site or facility, that is	3955
owned by a cultural organization, provided the facility meets the	3956
requirements of division (K)(2)(b) of this section, is managed by	3957
or pursuant to a contract with the Ohio cultural facilities	3958
commission, and is used for or in connection with the activities	3959
of the commission, including the presentation or making available	3960
of culture to the public.	3961

(J) "Manage," "operate," or "management" means the provision	3962
of, or the exercise of control over the provision of, activities:	3963

(1) Relating to culture for an Ohio cultural facility,	3964
including as applicable, but not limited to, providing for	3965
displays, exhibitions, specimens, and models; booking of artists,	3966
performances, or presentations; scheduling; and hiring or	3967
contracting for directors, curators, technical and scientific	3968
staff, ushers, stage managers, and others directly related to the	3969
cultural activities in the facility; but not including general	3970
building services;	3971

(2) Relating to sports and athletic events for an Ohio sports	3972
facility, including as applicable, but not limited to, providing	3973
for booking of athletes, teams, and events; scheduling; and hiring	3974
or contracting for staff, ushers, managers, and others directly	3975
related to the sports and athletic events in the facility; but not	3976
including general building services.	3977

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

3978

(1) The theaters located in the state office tower at 77	3979
South High street in Columbus;	3980

(2) Any capital facility in this state to which both of the	3981
following apply:	3982

(a) The construction of a cultural project related to the	3983
facility was authorized or funded by the general assembly pursuant	3984
to division (D)(3) of section 3383.07 of the Revised Code and	3985
proceeds of state bonds are used for costs of the cultural	3986
project.	3987

(b) The facility is managed directly by, or is subject to a	3988
cooperative or management contract with, the Ohio cultural	3989
facilities commission, and is used for or in connection with the	3990
activities of the commission, including the presentation or making	3991
available of culture to the public and the provision of training	3992
or education in culture.	3993

(3) A state historical facility or a local historical	3994
facility.	3995

(L) "State agency" means the state or any of its branches,	3996
officers, boards, commissions, authorities, departments,	3997
divisions, or other units or agencies.	3998

(M) "Construction" includes acquisition, including	3999
acquisition by lease-purchase, demolition, reconstruction,	4000
alteration, renovation, remodeling, enlargement, improvement, site	4001
improvements, and related equipping and furnishing.	4002

(N) "State historical facility" means a site or facility of	4003
archaeological, architectural, environmental, or historical	4004
interest or significance, or a facility, including a storage	4005
facility, appurtenant to the operations of such a site or	4006
facility, that is owned by or is located on real property owned by	4007
the state or by a cultural organization, so long as the real	4008
property of the cultural organization is contiguous to state-owned	4009
real property that is in the care, custody, and control of a	4010
cultural organization, and that has all of the following	4011
characteristics:	4012

(1) It is created, supervised, operated, protected,	4013
maintained, and promoted by the Ohio historical society pursuant	4014
to the society's performance of public functions under sections	4015
149.30 and 149.302 of the Revised Code.	4016

(2) Its title must reside wholly or in part with the state,	4017
the society, or both the state and the society.	4018

(3) It is managed directly by or is subject to a cooperative	4019
or management contract with the Ohio cultural facilities	4020
commission and is used for or in connection with the activities of	4021
the commission, including the presentation or making available of	4022
culture to the public.	4023

(O) "Ohio sports facility" means all or a portion of a	4024
stadium, arena, motorsports complex, or other capital facility in	4025
this state, a primary purpose of which is to provide a site or	4026
venue for the presentation to the public of either motorsports	4027
events or events of one or more major or minor league professional	4028
athletic or sports teams that are associated with the state or	4029
with a city or region of the state, which facility is, in the case	4030
of a motorsports complex, owned by the state or governmental	4031
agency, or in all other instances, is owned by or is located on	4032
real property owned by the state or a governmental agency, and	4033
including all parking facilities, walkways, and other auxiliary	4034
facilities, equipment, furnishings, and real and personal property	4035
and interests and rights therein, that may be appropriate for or	4036
used for or in connection with the facility or its operation, for	4037
capital costs of which state funds are spent pursuant to this	4038
chapter. A facility constructed as an Ohio sports facility may be	4039
both an Ohio cultural facility and an Ohio sports facility.	4040

(P) "Motorsports" means sporting events in which motor	4041
vehicles are driven on a clearly demarcated tracked surface.	4042

Sec. 3383.02.  (A) There is hereby created the Ohio cultural	4043
facilities commission. Notwithstanding any provision to the	4044
contrary contained in Chapter 152. of the Revised Code, theThe	4045
commission shall engage in and provide for the development,	4046
performance, and presentation or making available of culture and	4047
professional sports and athletics to the public in this state, and	4048
the provision of training or education in culture, by the exercise	4049
of its powers under this chapter, including the provision,	4050
operation, management, and cooperative use of Ohio cultural	4051
facilities and Ohio sports facilities. The commission is a body	4052
corporate and politic, an agency of state government and an	4053
instrumentality of the state, performing essential governmental	4054
functions of this state. The carrying out of the purposes and the	4055
exercise by the commission of its powers conferred by this chapter	4056
are essential public functions and public purposes of the state	4057
and of state government. The commission may, in its own name, sue	4058
and be sued, enter into contracts, and perform all the powers and	4059
duties given to it by this chapter; however, it does not have and	4060
shall not exercise the power of eminent domain.	4061

(B) The commission shall consist of ten members, seven of	4062
whom shall be voting members and three of whom shall be nonvoting	4063
members. The seven voting members shall be appointed by the	4064
governor, with the advice and consent of the senate, from	4065
different geographical regions of the state. In addition, one of	4066
the voting members shall represent the state architect. Not more	4067
than four of the members appointed by the governor shall be	4068
affiliated with the same political party. The nonvoting members	4069
shall be the staff director of the Ohio arts council, a member of	4070
the senate appointed by the president of the senate, and a member	4071
of the house of representatives appointed by the speaker of the	4072
house.	4073

(C) Of the five initial appointments made by the governor,	4074
one shall be for a term expiring December 31, 1989, two shall be	4075
for terms expiring December 31, 1990, and two shall be for terms	4076
expiring December 31, 1991. Of the initial appointments of the	4077
sixth and seventh voting members made by the governor, one shall	4078
be for a term expiring December 31, 2003, and one shall be for a	4079
term expiring December 31, 2004. Thereafter, each such term shall	4080
be for three years, commencing on the first day of January and	4081
ending on the thirty-first day of December. Each appointment by	4082
the president of the senate and by the speaker of the house of	4083
representatives shall be for the balance of the then legislative	4084
biennium. Each member shall hold office from the date of the	4085
member's appointment until the end of the term for which the	4086
member was appointed. Any member appointed to fill a vacancy	4087
occurring prior to the expiration of the term for which the	4088
member's predecessor was appointed shall hold office for the	4089
remainder of such term. Any member shall continue in office	4090
subsequent to the expiration date of the member's term until the	4091
member's successor takes office, or until a period of sixty days	4092
has elapsed, whichever occurs first.	4093

(D) Members of the commission shall serve without	4094
compensation.	4095

(E) Organizational meetings of the commission shall be held	4096
at the first meeting of each calendar year. At each organizational	4097
meeting, the commission shall elect from among its voting members	4098
a chairperson, a vice-chairperson, and a secretary-treasurer, who	4099
shall serve until the next annual meeting. The commission shall	4100
adopt rules pursuant to section 111.15 of the Revised Code for the	4101
conduct of its internal business and shall keep a journal of its	4102
proceedings.	4103

(F) Four voting members of the commission constitute a	4104
quorum, and the affirmative vote of four members is necessary for	4105
approval of any action taken by the commission. A vacancy in the	4106
membership of the commission does not impair a quorum from	4107
exercising all the rights and performing all the duties of the	4108
commission. Meetings of the commission may be held anywhere in the	4109
state, and shall be held in compliance with section 121.22 of the	4110
Revised Code.	4111

(G) All expenses incurred in carrying out this chapter are	4112
payable solely from money accrued under this chapter or	4113
appropriated for these purposes by the general assembly, and the	4114
commission shall incur no liability or obligation beyond such	4115
money.	4116

(H) The commission shall file an annual report of its	4117
activities and finances with the governor, director of budget and	4118
management, speaker of the house of representatives, president of	4119
the senate, and chairpersons of the house and senate finance	4120
committees.	4121

(I) There is hereby established in the state treasury the	4122
Ohio cultural facilities commission administration fund. All	4123
revenues of the commission shall be credited to that fund and to	4124
any accounts created in the fund with the commission's approval.	4125
All expenses of the commission, including reimbursement of, or	4126
payment to, any other fund or any governmental agency for advances	4127
made or services rendered to or on behalf of the commission, shall	4128
be paid from the Ohio cultural facilities commission	4129
administration fund as determined by or pursuant to directions of	4130
the commission. All investment earnings of the administration fund	4131
shall be credited to the fund and shall be allocated among any	4132
accounts created in the fund in the manner determined by the	4133
commission.	4134

(J) Title to all real property and lesser interests in real	4135
property acquired by the commission, including leasehold and other	4136
interests, pursuant to this chapter shall be taken in the name of	4137
the state and shall be held for the use and benefit of the	4138
commission. The commission shall not mortgage such real property	4139
and interests in real property. Title to other property and	4140
interests in it acquired by the commission pursuant to this	4141
chapter shall be taken in its name.	4142

Sec. 3383.07.  (A) The department of administrative services	4143
shall provide for the construction of a cultural project in	4144
conformity with Chapter 153. of the Revised Code, except as	4145
follows:	4146

(1) For a cultural project that has an estimated construction	4147
cost, excluding the cost of acquisition, of twenty-five million	4148
dollars or more, and that is financed by the Ohio building	4149
authority, construction services may be provided by the authority	4150
if the authority determines it should provide those services.	4151

(2) For a cultural project other than a state historical	4152
facility, construction services may be provided on behalf of the	4153
state by the Ohio cultural facilities commission, or by a	4154
governmental agency or a cultural organization that occupies, will	4155
occupy, or is responsible for the Ohio cultural facility, as	4156
determined by the commission. Construction services to be provided	4157
by a governmental agency or a cultural organization shall be	4158
specified in an agreement between the commission and the	4159
governmental agency or cultural organization. The agreement, or	4160
any actions taken under it, are not subject to Chapter 123. or	4161
153. of the Revised Code, except for sections 123.081 and 153.011	4162
of the Revised Code, and shall be subject to Chapter 4115. of the	4163
Revised Code.	4164

(3)(2) For a cultural project that is a state historical	4165
facility, construction services may be provided by the Ohio	4166
cultural facilities commission or by a cultural organization that	4167
occupies, will occupy, or is responsible for the facility, as	4168
determined by the commission. The construction services to be	4169
provided by the cultural organization shall be specified in an	4170
agreement between the commission and the cultural organization.	4171
That agreement, and any actions taken under it, are not subject to	4172
Chapter 123., 153., or 4115. of the Revised Code.	4173

(B) For an Ohio sports facility that is financed in part by	4174
the Ohio building authorityobligations issued pursuant to Chapter	4175
154. of the Revised Code, construction services shall be provided	4176
on behalf of the state by or at the direction of the governmental	4177
agency or nonprofit corporation that will own or be responsible	4178
for the management of the facility, all as determined by the Ohio	4179
cultural facilities commission. Any construction services to be	4180
provided by a governmental agency or nonprofit corporation shall	4181
be specified in an agreement between the commission and the	4182
governmental agency or nonprofit corporation. That agreement, and	4183
any actions taken under it, are not subject to Chapter 123. or	4184
153. of the Revised Code, except for sections 123.081 and 153.011	4185
of the Revised Code, and shall be subject to Chapter 4115. of the	4186
Revised Code.	4187

(C) General building services for an Ohio cultural facility	4188
shall be provided by the Ohio cultural facilities commission or by	4189
a cultural organization that occupies, will occupy, or is	4190
responsible for the facility, as determined by the commission,	4191
except that the Ohio building authority may elect to provide those	4192
services for Ohio cultural facilities financed with proceeds of	4193
state bonds issued by the authority. The costs of management and	4194
general building services shall be paid by the cultural	4195
organization that occupies, will occupy, or is responsible for the	4196
facility as provided in an agreement between the commission and	4197
the cultural organization, except that the state may pay for	4198
general building services for state-owned cultural facilities	4199
constructed on state-owned land.	4200

General building services for an Ohio sports facility shall	4201
be provided by or at the direction of the governmental agency or	4202
nonprofit corporation that will be responsible for the management	4203
of the facility, all as determined by the commission. Any general	4204
building services to be provided by a governmental agency or	4205
nonprofit corporation for an Ohio sports facility shall be	4206
specified in an agreement between the commission and the	4207
governmental agency or nonprofit corporation. That agreement, and	4208
any actions taken under it, are not subject to Chapter 123. or	4209
153. of the Revised Code, except for sections 123.081 and 153.011	4210
of the Revised Code, and shall be subject to Chapter 4115. of the	4211
Revised Code.	4212

(D) This division does not apply to a state historical	4213
facility. No state funds, including any state bond proceeds, shall	4214
be spent on the construction of any cultural project under this	4215
chapter unless, with respect to the cultural project and to the	4216
Ohio cultural facility related to the project, all of the	4217
following apply:	4218

(1) The Ohio cultural facilities commission has determined	4219
that there is a need for the cultural project and the Ohio	4220
cultural facility related to the project in the region of the	4221
state in which the Ohio cultural facility is located or for which	4222
the facility is proposed.	4223

(2) The commission has determined that, as an indication of	4224
substantial regional support for the cultural project, the	4225
cultural organization has made provision satisfactory to the	4226
commission, in its sole discretion, for local contributions	4227
amounting to not less than fifty per cent of the total state	4228
funding for the cultural project.	4229

(3) The general assembly has specifically authorized the	4230
spending of money on, or made an appropriation for, the	4231
construction of the cultural project, or for rental payments	4232
relating to the financing of the construction of the cultural	4233
project. Authorization to spend money, or an appropriation, for	4234
planning the cultural project does not constitute authorization to	4235
spend money on, or an appropriation for, construction of the	4236
cultural project.	4237

(E) No state funds, including any state bond proceeds, shall	4238
be spent on the construction of any state historical facility	4239
under this chapter unless the general assembly has specifically	4240
authorized the spending of money on, or made an appropriation for,	4241
the construction of the state historical project related to the	4242
facility, or for rental payments relating to the financing of the	4243
construction of the state historical project. Authorization to	4244
spend money, or an appropriation, for planning the state	4245
historical project does not constitute authorization to spend	4246
money on, or an appropriation for, the construction of the state	4247
historical project.	4248

(F) State funds shall not be used to pay or reimburse more	4249
than fifteen per cent of the initial estimated construction cost	4250
of an Ohio sports facility, excluding any site acquisition cost,	4251
and no state funds, including any state bond proceeds, shall be	4252
spent on any Ohio sports facility under this chapter unless, with	4253
respect to that facility, all of the following apply:	4254

(1) The Ohio cultural facilities commission has determined	4255
that there is a need for the facility in the region of the state	4256
for which the facility is proposed to provide the function of an	4257
Ohio sports facility as provided for in this chapter.	4258

(2) As an indication of substantial local support for the	4259
facility, the commission has received a financial and development	4260
plan satisfactory to it, and provision has been made, by agreement	4261
or otherwise, satisfactory to the commission, for a contribution	4262
amounting to not less than eighty-five per cent of the total	4263
estimated construction cost of the facility, excluding any site	4264
acquisition cost, from sources other than the state.	4265

(3) The general assembly has specifically authorized the	4266
spending of money on, or made an appropriation for, the	4267
construction of the facility, or for rental payments relating to	4268
state financing of all or a portion of the costs of constructing	4269
the facility. Authorization to spend money, or an appropriation,	4270
for planning or determining the feasibility of or need for the	4271
facility does not constitute authorization to spend money on, or	4272
an appropriation for, costs of constructing the facility.	4273

(4) If state bond proceeds are being used for the Ohio sports	4274
facility, the state or a governmental agency owns or has	4275
sufficient property interests in the facility or in the site of	4276
the facility or in the portion or portions of the facility	4277
financed from proceeds of state bonds, which may include, but is	4278
not limited to, the right to use or to require the use of the	4279
facility for the presentation of sport and athletic events to the	4280
public at the facility.	4281

(G) In addition to the requirements of division (F) of this	4282
section, no state funds, including any state bond proceeds, shall	4283
be spent on any Ohio sports facility that is a motorsports	4284
complex, unless, with respect to that facility, both of the	4285
following apply:	4286

(1) Motorsports events shall be presented at the facility	4287
pursuant to a lease entered into with the owner of the facility.	4288
The term of the lease shall be for a period of not less than the	4289
greater of the useful life of the portion of the facility financed	4290
from proceeds of state bonds as determined using the guidelines	4291
for maximum maturities as provided under divisions (B) and (C) of	4292
section 133.20 of the Revised Code, or the period of time	4293
remaining to the date of payment or provision for payment of	4294
outstanding state bonds allocable to costs of the facility, all as	4295
determined by the director of budget and management and certified	4296
by the director to the Ohio cultural facilities commission and to	4297
the Ohio building authoritytreasurer of state.	4298

(2) Any motorsports organization that commits to using the	4299
facility for an established period of time shall give the	4300
political subdivision in which the facility is located not less	4301
than six months' advance notice if the organization intends to	4302
cease utilizing the facility prior to the expiration of that	4303
established period. Such a motorsports organization shall be	4304
liable to the state for any state funds used on the construction	4305
costs of the facility.	4306

Sec. 3770.073.  (A) If a person is entitled to a lottery	4307
prize award and is indebted to the state for the payment of any	4308
tax, workers' compensation premium, unemployment contribution,	4309
payment in lieu of unemployment contribution, certified claim	4310
under section 131.02 or 131.021 of the Revised Code, or charge,	4311
penalty, or interest arising from these debts and the amount of	4312
the prize money or the cost of goods or services awarded as a	4313
lottery prize award is five thousand dollars or more, the director	4314
of the state lottery commission, or the director's designee, shall	4315
do either of the following:	4316

(1) If the prize award will be paid in a lump sum, deduct	4317
from the prize award and pay to the attorney general an amount in	4318
satisfaction of the debt and pay any remainder to that person. If	4319
the amount of the prize award is less than the amount of the debt,	4320
the entire amount of the prize award shall be deducted and paid in	4321
partial satisfaction of the debt.	4322

(2) If the prize award will be paid in annual installments,	4323
on the date the initial installment payment is due, deduct from	4324
that installment and pay to the attorney general an amount in	4325
satisfaction of the debt and, if necessary to collect the full	4326
amount of the debt, do the same for any subsequent annual	4327
installments, at the time the installments become due and owing to	4328
the person, until the debt is fully satisfied.	4329

(B) If a person entitled to a lottery prize award owes more	4330
than one debt, any debt subject to section 5739.33 or division (G)	4331
of section 5747.07 of the Revised Code shall be satisfied first.	4332

(C) ThisExcept as provided in section 131.021 of the Revised	4333
Code, this section applies only to debts that have become final.	4334

Sec. 5537.01.  As used in this chapter:

4335

(A) "Commission" means the Ohio turnpike commission created	4336
by section 5537.02 of the Revised Code or, if that commission is	4337
abolished, the board, body, officer, or commission succeeding to	4338
the principal functions thereof or to which the powers given by	4339
this chapter to the commission are given by law.	4340

(B) "Project" or "turnpike project" means any express or	4341
limited access highway, super highway, or motorway constructed,	4342
operated, or improved, under the jurisdiction of the commission	4343
and pursuant to this chapter, at a location or locations reviewed	4344
by the turnpike oversight committee and approved by the governor,	4345
including all bridges, tunnels, overpasses, underpasses,	4346
interchanges, entrance plazas, approaches, those portions of	4347
connecting public roads that serve interchanges and are determined	4348
by the commission and the director of transportation to be	4349
necessary for the safe merging of traffic between the turnpike	4350
project and those public roads, toll booths, service facilities,	4351
and administration, storage, and other buildings, property, and	4352
facilities that the commission considers necessary for the	4353
operation or policing of the project, together with all property	4354
and rights which may be acquired by the commission for the	4355
construction, maintenance, or operation of the project, and	4356
includes any sections or extensions of a turnpike project	4357
designated by the commission as such for the particular purpose.	4358
Each turnpike project shall be separately designated, by name or	4359
number, and may be constructed, improved, or extended in such	4360
sections as the commission may from time to time determine.	4361
Construction includes the improvement and renovation of a	4362
previously constructed project, including additional interchanges,	4363
whether or not the project was initially constructed by the	4364
commission.	4365

(C) "Cost," as applied to construction of a turnpike project,	4366
includes the cost of construction, including bridges over or under	4367
existing highways and railroads, acquisition of all property	4368
acquired by the commission for the construction, demolishing or	4369
removing any buildings or structures on land so acquired,	4370
including the cost of acquiring any lands to which the buildings	4371
or structures may be moved, site clearance, improvement, and	4372
preparation, diverting public roads, interchanges with public	4373
roads, access roads to private property, including the cost of	4374
land or easements therefor, all machinery, furnishings, and	4375
equipment, communications facilities, financing expenses, interest	4376
prior to and during construction and for one year after completion	4377
of construction, traffic estimates, indemnity and surety bonds and	4378
premiums on insurance, title work and title commitments,	4379
insurance, and guarantees, engineering, feasibility studies, and	4380
legal expenses, plans, specifications, surveys, estimates of cost	4381
and revenues, other expenses necessary or incident to determining	4382
the feasibility or practicability of constructing or operating a	4383
project, administrative expenses, and any other expense that may	4384
be necessary or incident to the construction of the project, the	4385
financing of the construction, and the placing of the project in	4386
operation. Any obligation or expense incurred by the department of	4387
transportation with the approval of the commission for surveys,	4388
borings, preparation of plans and specifications, and other	4389
engineering services in connection with the construction of a	4390
project, or by the federal government with the approval of the	4391
commission for any public road projects which must be reimbursed	4392
as a condition to the exercise of any of the powers of the	4393
commission under this chapter, shall be regarded as a part of the	4394
cost of the project and shall be reimbursed to the state or the	4395
federal government, as the case may be, from revenues, state	4396
taxes, or the proceeds of bonds as authorized by this chapter.	4397

(D) "Owner" includes all persons having any title or interest	4398
in any property authorized to be acquired by the commission under	4399
this chapter.	4400

(E) "Revenues" means all tolls, service revenues, investment	4401
income on special funds, rentals, gifts, grants, and all other	4402
moneys coming into the possession of or under the control of the	4403
commission by virtue of this chapter, except the proceeds from the	4404
sale of bonds. "Revenues" does not include state taxes.	4405

(F) "Public roads" means all public highways, roads, and	4406
streets in the state, whether maintained by a state agency or any	4407
other governmental agency.	4408

(G) "Public utility facilities" means tracks, pipes, mains,	4409
conduits, cables, wires, towers, poles, and other equipment and	4410
appliances of any public utility.	4411

(H) "Financing expenses" means all costs and expenses	4412
relating to the authorization, issuance, sale, delivery,	4413
authentication, deposit, custody, clearing, registration,	4414
transfer, exchange, fractionalization, replacement, payment, and	4415
servicing of bonds including, without limitation, costs and	4416
expenses for or relating to publication and printing, postage,	4417
delivery, preliminary and final official statements, offering	4418
circulars, and informational statements, travel and	4419
transportation, underwriters, placement agents, investment	4420
bankers, paying agents, registrars, authenticating agents,	4421
remarketing agents, custodians, clearing agencies or corporations,	4422
securities depositories, financial advisory services,	4423
certifications, audits, federal or state regulatory agencies,	4424
accounting and computation services, legal services and obtaining	4425
approving legal opinions and other legal opinions, credit ratings,	4426
redemption premiums, and credit enhancement facilities.	4427

(I) "Bond proceedings" means the resolutions, trust	4428
agreements, certifications, notices, sale proceedings, leases,	4429
lease-purchase agreements, assignments, credit enhancement	4430
facility agreements, and other agreements, instruments, and	4431
documents, as amended and supplemented, or any one or more or any	4432
combination thereof, authorizing, or authorizing or providing for	4433
the terms and conditions applicable to, or providing for the	4434
security or sale or award or liquidity of, bonds, and includes the	4435
provisions set forth or incorporated in those bonds and bond	4436
proceedings.	4437

(J) "Bond service charges" means principal, including any	4438
mandatory sinking fund or mandatory redemption requirements for	4439
the retirement of bonds, and interest and any redemption premium	4440
payable on bonds, as those payments come due and are payable to	4441
the bondholder or to a person making payment under a credit	4442
enhancement facility of those bond service charges to a	4443
bondholder.	4444

(K) "Bond service fund" means the applicable fund created by	4445
the bond proceedings for and pledged to the payment of bond	4446
service charges on bonds provided for by those proceedings,	4447
including all moneys and investments, and earnings from	4448
investments, credited and to be credited to that fund as provided	4449
in the bond proceedings.	4450

(L) "Bonds" means bonds, notes, including notes anticipating	4451
bonds or other notes, commercial paper, certificates of	4452
participation, or other evidences of obligation, including any	4453
interest coupons pertaining thereto, issued by the commission	4454
pursuant to this chapter.	4455

(M) "Net revenues" means revenues lawfully available to pay	4456
both current operating expenses of the commission and bond service	4457
charges in any fiscal year or other specified period, less current	4458
operating expenses of the commission and any amount necessary to	4459
maintain a working capital reserve for that period.	4460

(N) "Pledged revenues" means net revenues, moneys and	4461
investments, and earnings on those investments, in the applicable	4462
bond service fund and any other special funds, and the proceeds of	4463
any bonds issued for the purpose of refunding prior bonds, all as	4464
lawfully available and by resolution of the commission committed	4465
for application as pledged revenues to the payment of bond service	4466
charges on particular issues of bonds.	4467

(O) "Service facilities" means service stations, restaurants,	4468
and other facilities for food service, roadside parks and rest	4469
areas, parking, camping, tenting, rest, and sleeping facilities,	4470
hotels or motels, and all similar and other facilities providing	4471
services to the traveling public in connection with the use of a	4472
turnpike project and owned, leased, licensed, or operated by the	4473
commission.	4474

(P) "Service revenues" means those revenues of the commission	4475
derived from its ownership, leasing, licensing, or operation of	4476
service facilities.	4477

(Q) "Special funds" means the applicable bond service fund	4478
and any accounts and subaccounts in that fund, any other funds or	4479
accounts permitted by and established under, and identified as a	4480
"special fund" or "special account" in, the bond proceedings,	4481
including any special fund or account established for purposes of	4482
rebate or other requirements under federal income tax laws.	4483

(R) "State agencies" means the state, officers of the state,	4484
and boards, departments, branches, divisions, or other units or	4485
agencies of the state.	4486

(S) "State taxes" means receipts of the commission from the	4487
proceeds of state taxes or excises levied and collected, or	4488
appropriated by the general assembly to the commission, for the	4489
purposes and functions of the commission. State taxes do not	4490
include tolls, or investment earnings on state taxes except on	4491
those state taxes referred to in Section 5a of Article XII, Ohio	4492
Constitution.	4493

(T) "Tolls" means tolls, special fees or permit fees, or	4494
other charges by the commission to the owners, lessors, lessees,	4495
or operators of motor vehicles for the operation of or the right	4496
to operate those vehicles on a turnpike project.	4497

(U) "Credit enhancement facilities" means letters of credit,	4498
lines of credit, standby, contingent, or firm securities purchase	4499
agreements, insurance, or surety arrangements, guarantees, and	4500
other arrangements that provide for direct or contingent payment	4501
of bond service charges, for security or additional security in	4502
the event of nonpayment or default in respect of bonds, or for	4503
making payment of bond service charges and at the option and on	4504
demand of bondholders or at the option of the commission or upon	4505
certain conditions occurring under put or similar arrangements, or	4506
for otherwise supporting the credit or liquidity of the bonds, and	4507
includes credit, reimbursement, marketing, remarketing, indexing,	4508
carrying, interest rate hedge as defined in section 133.01 of the	4509
Revised Code, and subrogation agreements, and other agreements and	4510
arrangements for payment and reimbursement of the person providing	4511
the credit enhancement facility and the security for that payment	4512
and reimbursement.	4513

(V) "Person" has the same meaning as in section 1.59 of the	4514
Revised Code and, unless the context otherwise provides, also	4515
includes any governmental agency and any combination of those	4516
persons.	4517

(W) "Refund" means to fund and retire outstanding bonds,	4518
including advance refunding with or without payment or redemption	4519
prior to stated maturity.	4520

(X) "Governmental agency" means any state agency, federal	4521
agency, political subdivision, or other local, interstate, or	4522
regional governmental agency, and any combination of those	4523
agencies.	4524

(Y) "Property" has the same meaning as in section 1.59 of the	4525
Revised Code, and includes interests in property.	4526

(Z) "Administrative agent," "agent," "commercial paper,"	4527
"floating rate interest structure," "indexing agent," "interest	4528
rate hedge," "interest rate period," "put arrangement," and	4529
"remarketing agent" have the same meanings as in section 9.98 of	4530
the Revised Code.	4531

(AA) "Outstanding," as applied to bonds, means outstanding in	4532
accordance with the terms of the bonds and the applicable bond	4533
proceedings.	4534

(BB) "Ohio turnpike system" or "system" means all existing	4535
and future turnpike projects constructed, operated, and maintained	4536
under the jurisdiction of the commission.	4537

Sec. 5540.01.  As used in this chapter:

4538

(A) "Transportation improvement district" or "district" means	4539
a transportation improvement district designated pursuant to	4540
section 5540.02 of the Revised Code.	4541

(B) "Governmental agency" means a department, division, or	4542
other unit of state government; a county, township, or municipal	4543
corporation or other political subdivision; a regional transit	4544
authority or regional transit commission created pursuant to	4545
Chapter 306. of the Revised Code; a port authority created	4546
pursuant to Chapter 4582. of the Revised Code; and the United	4547
States or any agency thereof.	4548

(C) "Project" means a street, highway, or other	4549
transportation project constructed or improved under this chapter	4550
and includes all bridges, tunnels, overpasses, underpasses,	4551
interchanges, approaches, those portions of connecting streets or	4552
highways that serve interchanges and are determined by the	4553
district to be necessary for the safe merging of traffic between	4554
the project and those streets or highways, service facilities, and	4555
administration, storage, and other buildings, property, and	4556
facilities, that the district considers necessary for the	4557
operation of the project, together with all property and rights	4558
that must be acquired by the district for the construction,	4559
maintenance, or operation of the project.	4560

(D) "Cost," as applied to the construction of a project,	4561
includes the cost of construction, including bridges over or under	4562
existing highways and railroads, acquisition of all property	4563
acquired by the district for such construction, demolishing or	4564
removing any buildings or structures on land so acquired,	4565
including the cost of acquiring any lands to which such buildings	4566
or structures may be moved, site clearance, improvement, and	4567
preparation, diverting streets or highways, interchanges with	4568
streets or highways, access roads to private property, including	4569
the cost of land or easements therefor, all machinery,	4570
furnishings, and equipment, communications facilities, financing	4571
expenses, interest prior to and during construction and for one	4572
year after completion of construction, traffic estimates,	4573
indemnity and surety bonds and premiums on insurance, and	4574
guarantees, engineering, feasibility studies, and legal expenses,	4575
plans, specifications, surveys, estimates of cost and revenues,	4576
other expenses necessary or incidental to determining the	4577
feasibility or practicability of constructing a project, and such	4578
other expense as may be necessary or incident to the construction	4579
of the project and the financing of such construction. Any	4580
obligation or expense incurred by any governmental agency or	4581
person for surveys, borings, preparation of plans and	4582
specifications, and other engineering services, or any other cost	4583
described above, in connection with the construction of a project	4584
may be regarded as part of the cost of the project and reimbursed	4585
from revenues, taxes, or the proceeds of bonds as authorized by	4586
this chapter.	4587

(E) "Owner" includes any person having any title or interest	4588
in any property authorized to be acquired by a district under this	4589
chapter.	4590

(F) "Revenues" means all moneys received by a district with	4591
respect to the lease, sublease, or sale, including installment	4592
sale, conditional sale, or sale under a lease-purchase agreement,	4593
of a project, any gift or grant received with respect to a	4594
project, tolls, proceeds of bonds to the extent the use thereof	4595
for payment of principal or of premium, if any, or interest on the	4596
bonds is authorized by the district, proceeds from any insurance,	4597
condemnation, or guaranty pertaining to a project or property	4598
mortgaged to secure bonds or pertaining to the financing of a	4599
project, and income and profit from the investment of the proceeds	4600
of bonds or of any revenues.	4601

(G) "Street or highway" has the same meaning as in section	4602
4511.01 of the Revised Code.	4603

(H) "Financing expenses" means all costs and expenses	4604
relating to the authorization, issuance, sale, delivery,	4605
authentication, deposit, custody, clearing, registration,	4606
transfer, exchange, fractionalization, replacement, payment, and	4607
servicing of bonds including, without limitation, costs and	4608
expenses for or relating to publication and printing, postage,	4609
delivery, preliminary and final official statements, offering	4610
circulars, and informational statements, travel and	4611
transportation, underwriters, placement agents, investment	4612
bankers, paying agents, registrars, authenticating agents,	4613
remarketing agents, custodians, clearing agencies or corporations,	4614
securities depositories, financial advisory services,	4615
certifications, audits, federal or state regulatory agencies,	4616
accounting and computation services, legal services and obtaining	4617
approving legal opinions and other legal opinions, credit ratings,	4618
redemption premiums, and credit enhancement facilities.	4619

(I) "Bond proceedings" means the resolutions, trust	4620
agreements, certifications, notices, sale proceedings, leases,	4621
lease-purchase agreements, assignments, credit enhancement	4622
facility agreements, and other agreements, instruments, and	4623
documents, as amended and supplemented, or any one or more of	4624
combination thereof, authorizing, or authorizing or providing for	4625
the terms and conditions applicable to, or providing for the	4626
security or sale or award or liquidity of, bonds, and includes the	4627
provisions set forth or incorporated in those bonds and bond	4628
proceedings.	4629

(J) "Bond service charges" means principal, including any	4630
mandatory sinking fund or mandatory redemption requirements for	4631
retirement of bonds, and interest and any redemption premium	4632
payable on bonds, as those payments come due and are payable to	4633
the bondholder or to a person making payment under a credit	4634
enhancement facility of those bond service charges to a	4635
bondholder.	4636

(K) "Bond service fund" means the applicable fund created by	4637
the bond proceedings for and pledged to the payment of bond	4638
service charges on bonds provided for by those proceedings,	4639
including all moneys and investments, and earnings from	4640
investments, credited and to be credited to that fund as provided	4641
in the bond proceedings.	4642

(L) "Bonds" means bonds, notes, including notes anticipating	4643
bonds or other notes, commercial paper, certificates of	4644
participation, or other evidences of obligation, including any	4645
interest coupons pertaining thereto, issued pursuant to this	4646
chapter.	4647

(M) "Net revenues" means revenues lawfully available to pay	4648
both current operating expenses of a district and bond service	4649
charges in any fiscal year or other specified period, less current	4650
operating expenses of the district and any amount necessary to	4651
maintain a working capital reserve for that period.	4652

(N) "Pledged revenues" means net revenues, moneys and	4653
investments, and earnings on those investments, in the applicable	4654
bond service fund and any other special funds, and the proceeds of	4655
any bonds issued for the purpose of refunding prior bonds, all as	4656
lawfully available and by resolution of the district committed for	4657
application as pledged revenues to the payment of bond service	4658
charges on particular issues of bonds.	4659

(O) "Special funds" means the applicable bond service fund	4660
and any accounts and subaccounts in that fund, any other funds or	4661
accounts permitted by and established under, and identified as a	4662
special fund or special account in, the bond proceedings,	4663
including any special fund or account established for purposes of	4664
rebate or other requirements under federal income tax laws.	4665

(P) "Credit enhancement facilities" means letters of credit,	4666
lines of credit, standby, contingent, or firm securities purchase	4667
agreements, insurance, or surety arrangements, guarantees, and	4668
other arrangements that provide for direct or contingent payment	4669
of bond service charges, for security or additional security in	4670
the event of nonpayment or default in respect of bonds, or for	4671
making payment of bond service charges and at the option and on	4672
demand of bondholders or at the option of the district or upon	4673
certain conditions occurring under put or similar arrangements, or	4674
for otherwise supporting the credit or liquidity of the bonds, and	4675
includes credit, reimbursement, marketing, remarketing, indexing,	4676
carrying, interest rate hedge as defined in section 133.01 of the	4677
Revised Code, and subrogation agreements, and other agreements and	4678
arrangements for payment and reimbursement of the person providing	4679
the credit enhancement facility and the security for that payment	4680
and reimbursement.	4681

(Q) "Refund" means to fund and retire outstanding bonds,	4682
including advance refunding with or without payment or redemption	4683
prior to stated maturity.	4684

(R) "Property" includes interests in property.

4685

(S) "Administrative agent," "agent," "commercial paper,"	4686
"floating rate interest structure," "indexing agent," "interest	4687
rate hedge," "interest rate period," "put arrangement," and	4688
"remarketing agent" have the same meanings as in section 9.98 of	4689
the Revised Code.	4690

(T) "Outstanding" as applied to bonds means outstanding in	4691
accordance with the terms of the bonds and the applicable bond	4692
proceedings.	4693

(U) "Interstate system" has the same meaning as in section	4694
5516.01 of the Revised Code.	4695

Sec. 5709.61.  As used in sections 5709.61 to 5709.69 of the	4696
Revised Code:	4697

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

4698

(1) An area with a single continuous boundary designated in	4699
the manner set forth in section 5709.62 or 5709.63 of the Revised	4700
Code and certified by the director of development as having a	4701
population of at least four thousand according to the best and	4702
most recent data available to the director and having at least two	4703
of the following characteristics:	4704

(a) It is located in a municipal corporation defined by the	4705
United States office of management and budget as a principal city	4706
of a metropolitan statistical area or in a city designated as an	4707
urban cluster in a rural statistical area;	4708

(b) It is located in a county designated as being in the	4709
"Appalachian region" under the "Appalachian Regional Development	4710
Act of 1965," 79 Stat. 5, 40 App. U.S.C.A. 403, as amended;	4711

(c) Its average rate of unemployment, during the most recent	4712
twelve-month period for which data are available, is equal to at	4713
least one hundred twenty-five per cent of the average rate of	4714
unemployment for the state of Ohio for the same period;	4715

(d) There is a prevalence of commercial or industrial	4716
structures in the area that are vacant or demolished, or are	4717
vacant and the taxes charged thereon are delinquent, and	4718
certification of the area as an enterprise zone would likely	4719
result in the reduction of the rate of vacant or demolished	4720
structures or the rate of tax delinquency in the area;	4721

(e) The population of all census tracts in the area,	4722
according to the federal census of 2000, decreased by at least ten	4723
per cent between the years 1980 and 2000;	4724

(f) At least fifty-one per cent of the residents of the area	4725
have incomes of less than eighty per cent of the median income of	4726
residents of the municipal corporation or municipal corporations	4727
in which the area is located, as determined in the same manner	4728
specified under section 119(b) of the "Housing and Community	4729
Development Act of 1974," 88 Stat. 633, 42 U.S.C. 5318, as	4730
amended;	4731

(g) The area contains structures previously used for	4732
industrial purposes, but currently not so used due to age,	4733
obsolescence, deterioration, relocation of the former occupant's	4734
operations, or cessation of operations resulting from unfavorable	4735
economic conditions either generally or in a specific economic	4736
sector;	4737

(h) It is located within one or more adjacent city, local, or	4738
exempted village school districts, the income-weighted tax	4739
capacity of each of which is less than seventy per cent of the	4740
average of the income-weighted tax capacity of all city, local, or	4741
exempted village school districts in the state according to the	4742
most recent data available to the director from the department of	4743
taxation.	4744

The director of development shall adopt rules in accordance	4745
with Chapter 119. of the Revised Code establishing conditions	4746
constituting the characteristics described in divisions (A)(1)(d),	4747
(g), and (h) of this section.	4748

If an area could not be certified as an enterprise zone	4749
unless it satisfied division (A)(1)(g) of this section, the	4750
legislative authority may enter into agreements in that zone under	4751
section 5709.62, 5709.63, or 5709.632 of the Revised Code only if	4752
such agreements result in the development of the facilities	4753
described in that division, the parcel of land on which such	4754
facilities are situated, or adjacent parcels. The director of	4755
development annually shall review all agreements in such zones to	4756
determine whether the agreements have resulted in such	4757
development; if the director determines that the agreements have	4758
not resulted in such development, the director immediately shall	4759
revoke certification of the zone and notify the legislative	4760
authority of such revocation. Any agreements entered into prior to	4761
revocation under this paragraph shall continue in effect for the	4762
period provided in the agreement.	4763

(2) An area with a single continuous boundary designated in	4764
the manner set forth in section 5709.63 of the Revised Code and	4765
certified by the director of development as:	4766

(a) Being located within a county that contains a population	4767
of three hundred thousand or less;	4768

(b) Having a population of at least one thousand according to	4769
the best and most recent data available to the director;	4770

(c) Having at least two of the characteristics described in	4771
divisions (A)(1)(b) to (h) of this section.	4772

(3) An area with a single continuous boundary designated in	4773
the manner set forth under division (A)(1) of section 5709.632 of	4774
the Revised Code and certified by the director of development as	4775
having a population of at least four thousand, or under division	4776
(A)(2) of that section and certified as having a population of at	4777
least one thousand, according to the best and most recent data	4778
available to the director.	4779

(B) "Enterprise" means any form of business organization	4780
including, but not limited to, any partnership, sole	4781
proprietorship, or corporation, including an S corporation as	4782
defined in section 1361 of the Internal Revenue Code and any	4783
corporation that is majority work-owned either directly through	4784
the ownership of stock or indirectly through participation in an	4785
employee stock ownership plan.	4786

(C) "Facility" means an enterprise's place of business in a	4787
zone, including land, buildings, machinery, equipment, and other	4788
materials, except inventory, used in business. "Facility" includes	4789
land, buildings, machinery, production and station equipment,	4790
other equipment, and other materials, except inventory, used in	4791
business to generate electricity, provided that, for purposes of	4792
sections 5709.61 to 5709.69 of the Revised Code, the value of the	4793
property at such a facility shall be reduced by the value, if any,	4794
that is not apportioned under section 5727.15 of the Revised Code	4795
to the taxing district in which the facility is physically	4796
located. In the case of such a facility that is physically located	4797
in two adjacent taxing districts, the property located in each	4798
taxing district constitutes a separate facility.	4799

"Facility" does not include any portion of an enterprise's	4800
place of business used primarily for making retail sales, unless	4801
the place of business is located in an impacted city as defined in	4802
section 1728.01 of the Revised Code.	4803

(D) "Vacant facility" means a facility that has been vacant	4804
for at least ninety days immediately preceding the date on which	4805
an agreement is entered into under section 5709.62 or 5709.63 of	4806
the Revised Code.	4807

(E) "Expand" means to make expenditures to add land,	4808
buildings, machinery, equipment, or other materials, except	4809
inventory, to a facility that equal at least ten per cent of the	4810
market value of the facility prior to such expenditures, as	4811
determined for the purposes of local property taxation.	4812

(F) "Renovate" means to make expenditures to alter or repair	4813
a facility that equal at least fifty per cent of the market value	4814
of the facility prior to such expenditures, as determined for the	4815
purposes of local property taxation.	4816

(G) "Occupy" means to make expenditures to alter or repair a	4817
vacant facility equal to at least twenty per cent of the market	4818
value of the facility prior to such expenditures, as determined	4819
for the purposes of local property taxation.	4820

(H) "Project site" means all or any part of a facility that	4821
is newly constructed, expanded, renovated, or occupied by an	4822
enterprise.	4823

(I) "Project" means any undertaking by an enterprise to	4824
establish a facility or to improve a project site by expansion,	4825
renovation, or occupancy.	4826

(J) "Position" means the position of one full-time employee	4827
performing a particular set of tasks and duties.	4828

(K) "Full-time employee" means an individual who is employed	4829
for consideration by an enterprise for at least thirty-five hours	4830
a week, or who renders any other standard of service generally	4831
accepted by custom or specified by contract as full-time	4832
employment.	4833

(L) "New employee" means a full-time employee first employed	4834
by an enterprise at a facility that is a project site after the	4835
enterprise enters an agreement under section 5709.62 or 5709.63 of	4836
the Revised Code. "New employee" does not include an employee if,	4837
immediately prior to being employed by the enterprise, the	4838
employee was employed by an enterprise that is a related member or	4839
predecessor enterprise of that enterprise.	4840

(M) "Unemployed person" means any person who is totally	4841
unemployed in this state, as that term is defined in division (M)	4842
of section 4141.01 of the Revised Code, for at least ten	4843
consecutive weeks immediately preceding that person's employment	4844
at a facility that is a project site, or who is so unemployed for	4845
at least twenty-six of the fifty-two weeks immediately preceding	4846
that person's employment at such a facility.	4847

(N) "JTPA eligible employee" means any individual who is	4848
eligible for employment or training under the "Job Training	4849
Partnership Act," 96 Stat. 1324 (1982), 29 U.S.C. 1501, as	4850
amended.	4851

(O) "First used in business" means that the property referred	4852
to has not been used in business in this state by the enterprise	4853
that owns it, or by an enterprise that is a related member or	4854
predecessor enterprise of such an enterprise, other than as	4855
inventory, prior to being used in business at a facility as the	4856
result of a project.	4857

(P) "Training program" means any noncredit training program	4858
or course of study that is offered by any state college or	4859
university; university branch district; community college;	4860
technical college; nonprofit college or university certified under	4861
section 1713.02 of the Revised Code; school district; joint	4862
vocational school district; school registered and authorized to	4863
offer programs under section 3332.05 of the Revised Code; an	4864
entity administering any federal, state, or local adult education	4865
and training program; or any enterprise; and that meets all of the	4866
following requirements:	4867

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

4868

(2) It is established or operated to satisfy the need of a	4869
particular industry or enterprise for skilled or semi-skilled	4870
employees;	4871

(3) An individual is required to complete the course or	4872
program before filling a position at a project site.	4873

(Q) "Development" means to engage in the process of clearing	4874
and grading land, making, installing, or constructing water	4875
distribution systems, sewers, sewage collection systems, steam,	4876
gas, and electric lines, roads, curbs, gutters, sidewalks, storm	4877
drainage facilities, and construction of other facilities or	4878
buildings equal to at least fifty per cent of the market value of	4879
the facility prior to the expenditures, as determined for the	4880
purposes of local property taxation.	4881

(R) "Large manufacturing facility" means a single Ohio	4882
facility that employed an average of at least one thousand	4883
individuals during the five calendar years preceding an agreement	4884
authorized under division (C)(3) of section 5709.62 or division	4885
(B)(2) of section 5709.63 of the Revised Code. For purposes of	4886
this division, both of the following apply:	4887

(1) A single Ohio manufacturing facility employed an average	4888
of at least one thousand individuals during the five calendar	4889
years preceding entering into such an agreement if one-fifth of	4890
the sum of the number of employees employed on the highest	4891
employment day during each of the five calendar years equals or	4892
exceeds one thousand.	4893

(2) The highest employment day is the day or days during a	4894
calendar year on which the number of employees employed at a	4895
single Ohio manufacturing facility was greater than on any other	4896
day during the calendar year.	4897

(S) "Business cycle" means the cycle of business activity	4898
usually regarded as passing through alternating stages of	4899
prosperity and depression.	4900

(T) "Making retail sales" means the effecting of	4901
point-of-final-purchase transactions at a facility open to the	4902
consuming public, wherein one party is obligated to pay the price	4903
and the other party is obligated to provide a service or to	4904
transfer title to or possession of the item sold.	4905

(U) "Environmentally contaminated" means that hazardous	4906
substances exist at a facility under conditions that have caused	4907
or would cause the facility to be identified as contaminated by	4908
the state or federal environmental protection agency. These may	4909
include facilities located at sites identified in the master sites	4910
list or similar database maintained by the state environmental	4911
protection agency if the sites have been investigated by the	4912
agency and found to be contaminated.	4913

(V) "Remediate" means to make expenditures to clean up an	4914
environmentally contaminated facility so that it is no longer	4915
environmentally contaminated that equal at least ten per cent of	4916
the real property market value of the facility prior to such	4917
expenditures as determined for the purposes of property taxation.	4918

(W) "Related member" has the same meaning as defined in	4919
section 5733.042 of the Revised Code without regard to division	4920
(B) of that section, except that it is used with respect to an	4921
enterprise rather than a taxpayer.	4922

(X) "Predecessor enterprise" means an enterprise from which	4923
the assets or equity of another enterprise has been transferred,	4924
which transfer resulted in the full or partial nonrecognition of	4925
gain or loss, or resulted in a carryover basis, both as determined	4926
by rule adopted by the tax commissioner.	4927

(Y) "Successor enterprise" means an enterprise to which the	4928
assets or equity of another enterprise has been transferred, which	4929
transfer resulted in the full or partial nonrecognition of gain or	4930
loss, or resulted in a carryover basis, both as determined by rule	4931
adopted by the tax commissioner.	4932

Sec. 5709.62.  (A) In any municipal corporation that is	4933
defined by the United States office of management and budget as a	4934
principal city of a metropolitan statistical area, or in a city	4935
designated as an urban cluster in a rural statistical area, the	4936
legislative authority of the municipal corporation may designate	4937
one or more areas within its municipal corporation as proposed	4938
enterprise zones. Upon designating an area, the legislative	4939
authority shall petition the director of development for	4940
certification of the area as having the characteristics set forth	4941
in division (A)(1) of section 5709.61 of the Revised Code as	4942
amended by Substitute Senate Bill No. 19 of the 120th general	4943
assembly. Except as otherwise provided in division (E) of this	4944
section, on and after July 1, 1994, legislative authorities shall	4945
not enter into agreements under this section unless the	4946
legislative authority has petitioned the director and the director	4947
has certified the zone under this section as amended by that act;	4948
however, all agreements entered into under this section as it	4949
existed prior to July 1, 1994, and the incentives granted under	4950
those agreements shall remain in effect for the period agreed to	4951
under those agreements. Within sixty days after receiving such a	4952
petition, the director shall determine whether the area has the	4953
characteristics set forth in division (A)(1) of section 5709.61 of	4954
the Revised Code, and shall forward the findings to the	4955
legislative authority of the municipal corporation. If the	4956
director certifies the area as having those characteristics, and	4957
thereby certifies it as a zone, the legislative authority may	4958
enter into an agreement with an enterprise under division (C) of	4959
this section.	4960

(B) Any enterprise that wishes to enter into an agreement	4961
with a municipal corporation under division (C) of this section	4962
shall submit a proposal to the legislative authority of the	4963
municipal corporation on a form prescribed by the director of	4964
development, together with the application fee established under	4965
section 5709.68 of the Revised Code. The form shall require the	4966
following information:	4967

(1) An estimate of the number of new employees whom the	4968
enterprise intends to hire, or of the number of employees whom the	4969
enterprise intends to retain, within the zone at a facility that	4970
is a project site, and an estimate of the amount of payroll of the	4971
enterprise attributable to these employees;	4972

(2) An estimate of the amount to be invested by the	4973
enterprise to establish, expand, renovate, or occupy a facility,	4974
including investment in new buildings, additions or improvements	4975
to existing buildings, machinery, equipment, furniture, fixtures,	4976
and inventory;	4977

(3) A listing of the enterprise's current investment, if any,	4978
in a facility as of the date of the proposal's submission.	4979

The enterprise shall review and update the listings required	4980
under this division to reflect material changes, and any agreement	4981
entered into under division (C) of this section shall set forth	4982
final estimates and listings as of the time the agreement is	4983
entered into. The legislative authority may, on a separate form	4984
and at any time, require any additional information necessary to	4985
determine whether an enterprise is in compliance with an agreement	4986
and to collect the information required to be reported under	4987
section 5709.68 of the Revised Code.	4988

(C) Upon receipt and investigation of a proposal under	4989
division (B) of this section, if the legislative authority finds	4990
that the enterprise submitting the proposal is qualified by	4991
financial responsibility and business experience to create and	4992
preserve employment opportunities in the zone and improve the	4993
economic climate of the municipal corporation, the legislative	4994
authority, on or before October 15, 2009, may do one of the	4995
following:	4996

(1) Enter into an agreement with the enterprise under which	4997
the enterprise agrees to establish, expand, renovate, or occupy a	4998
facility and hire new employees, or preserve employment	4999
opportunities for existing employees, in return for one or more of	5000
the following incentives:	5001

(a) Exemption for a specified number of years, not to exceed	5002
fifteen, of a specified portion, up to seventy-five per cent, of	5003
the assessed value of tangible personal property first used in	5004
business at the project site as a result of the agreement. If an	5005
exemption for inventory is specifically granted in the agreement	5006
pursuant to this division, the exemption applies to inventory	5007
required to be listed pursuant to sections 5711.15 and 5711.16 of	5008
the Revised Code, except that, in the instance of an expansion or	5009
other situations in which an enterprise was in business at the	5010
facility prior to the establishment of the zone, the inventory	5011
that is exempt is that amount or value of inventory in excess of	5012
the amount or value of inventory required to be listed in the	5013
personal property tax return of the enterprise in the return for	5014
the tax year in which the agreement is entered into.	5015

(b) Exemption for a specified number of years, not to exceed	5016
fifteen, of a specified portion, up to seventy-five per cent, of	5017
the increase in the assessed valuation of real property	5018
constituting the project site subsequent to formal approval of the	5019
agreement by the legislative authority;	5020

(c) Provision for a specified number of years, not to exceed	5021
fifteen, of any optional services or assistance that the municipal	5022
corporation is authorized to provide with regard to the project	5023
site.	5024

(2) Enter into an agreement under which the enterprise agrees	5025
to remediate an environmentally contaminated facility, to spend an	5026
amount equal to at least two hundred fifty per cent of the true	5027
value in money of the real property of the facility prior to	5028
remediation as determined for the purposes of property taxation to	5029
establish, expand, renovate, or occupy the remediated facility,	5030
and to hire new employees or preserve employment opportunities for	5031
existing employees at the remediated facility, in return for one	5032
or more of the following incentives:	5033

(a) Exemption for a specified number of years, not to exceed	5034
fifteen, of a specified portion, not to exceed fifty per cent, of	5035
the assessed valuation of the real property of the facility prior	5036
to remediation;	5037

(b) Exemption for a specified number of years, not to exceed	5038
fifteen, of a specified portion, not to exceed one hundred per	5039
cent, of the increase in the assessed valuation of the real	5040
property of the facility during or after remediation;	5041

(c) The incentive under division (C)(1)(a) of this section,	5042
except that the percentage of the assessed value of such property	5043
exempted from taxation shall not exceed one hundred per cent;	5044

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

5045

(3) Enter into an agreement with an enterprise that plans to	5046
purchase and operate a large manufacturing facility that has	5047
ceased operation or announced its intention to cease operation, in	5048
return for exemption for a specified number of years, not to	5049
exceed fifteen, of a specified portion, up to one hundred per	5050
cent, of the assessed value of tangible personal property used in	5051
business at the project site as a result of the agreement, or of	5052
the assessed valuation of real property constituting the project	5053
site, or both.	5054

(D)(1) Notwithstanding divisions (C)(1)(a) and (b) of this	5055
section, the portion of the assessed value of tangible personal	5056
property or of the increase in the assessed valuation of real	5057
property exempted from taxation under those divisions may exceed	5058
seventy-five per cent in any year for which that portion is	5059
exempted if the average percentage exempted for all years in which	5060
the agreement is in effect does not exceed sixty per cent, or if	5061
the board of education of the city, local, or exempted village	5062
school district within the territory of which the property is or	5063
will be located approves a percentage in excess of seventy-five	5064
per cent.	5065

(2) Notwithstanding any provision of the Revised Code to the	5066
contrary, the exemptions described in divisions (C)(1)(a), (b),	5067
and (c), (C)(2)(a), (b), and (c), and (C)(3) of this section may	5068
be for up to fifteen years if the board of education of the city,	5069
local, or exempted village school district within the territory of	5070
which the property is or will be located approves a number of	5071
years in excess of ten.	5072

(3) For the purpose of obtaining the approval of a city,	5073
local, or exempted village school district under division (D)(1)	5074
or (2) of this section, the legislative authority shall deliver to	5075
the board of education a notice not later than forty-five days	5076
prior to approving the agreement, excluding Saturdays, Sundays,	5077
and legal holidays as defined in section 1.14 of the Revised Code.	5078
The notice shall state the percentage to be exempted, an estimate	5079
of the true value of the property to be exempted, and the number	5080
of years the property is to be exempted. The board of education,	5081
by resolution adopted by a majority of the board, shall approve or	5082
disapprove the agreement and certify a copy of the resolution to	5083
the legislative authority not later than fourteen days prior to	5084
the date stipulated by the legislative authority as the date upon	5085
which approval of the agreement is to be formally considered by	5086
the legislative authority. The board of education may include in	5087
the resolution conditions under which the board would approve the	5088
agreement, including the execution of an agreement to compensate	5089
the school district under division (B) of section 5709.82 of the	5090
Revised Code. The legislative authority may approve the agreement	5091
at any time after the board of education certifies its resolution	5092
approving the agreement to the legislative authority, or, if the	5093
board approves the agreement conditionally, at any time after the	5094
conditions are agreed to by the board and the legislative	5095
authority.	5096

If a board of education has adopted a resolution waiving its	5097
right to approve agreements and the resolution remains in effect,	5098
approval of an agreement by the board is not required under this	5099
division. If a board of education has adopted a resolution	5100
allowing a legislative authority to deliver the notice required	5101
under this division fewer than forty-five business days prior to	5102
the legislative authority's approval of the agreement, the	5103
legislative authority shall deliver the notice to the board not	5104
later than the number of days prior to such approval as prescribed	5105
by the board in its resolution. If a board of education adopts a	5106
resolution waiving its right to approve agreements or shortening	5107
the notification period, the board shall certify a copy of the	5108
resolution to the legislative authority. If the board of education	5109
rescinds such a resolution, it shall certify notice of the	5110
rescission to the legislative authority.	5111

(4) The legislative authority shall comply with section	5112
5709.83 of the Revised Code unless the board of education has	5113
adopted a resolution under that section waiving its right to	5114
receive such notice.	5115

(E) This division applies to zones certified by the director	5116
of development under this section prior to July 22, 1994.	5117

On or before October 15, 2009, the legislative authority that	5118
designated a zone to which this division applies may enter into an	5119
agreement with an enterprise if the legislative authority finds	5120
that the enterprise satisfies one of the criteria described in	5121
divisions (E)(1) to (5) of this section:	5122

(1) The enterprise currently has no operations in this state	5123
and, subject to approval of the agreement, intends to establish	5124
operations in the zone;	5125

(2) The enterprise currently has operations in this state	5126
and, subject to approval of the agreement, intends to establish	5127
operations at a new location in the zone that would not result in	5128
a reduction in the number of employee positions at any of the	5129
enterprise's other locations in this state;	5130

(3) The enterprise, subject to approval of the agreement,	5131
intends to relocate operations, currently located in another	5132
state, to the zone;	5133

(4) The enterprise, subject to approval of the agreement,	5134
intends to expand operations at an existing site in the zone that	5135
the enterprise currently operates;	5136

(5) The enterprise, subject to approval of the agreement,	5137
intends to relocate operations, currently located in this state,	5138
to the zone, and the director of development has issued a waiver	5139
for the enterprise under division (B) of section 5709.633 of the	5140
Revised Code.	5141

The agreement shall require the enterprise to agree to	5142
establish, expand, renovate, or occupy a facility in the zone and	5143
hire new employees, or preserve employment opportunities for	5144
existing employees, in return for one or more of the incentives	5145
described in division (C) of this section.	5146

(F) All agreements entered into under this section shall be	5147
in the form prescribed under section 5709.631 of the Revised Code.	5148
After an agreement is entered into under this section, if the	5149
legislative authority revokes its designation of a zone, or if the	5150
director of development revokes a zone's certification, any	5151
entitlements granted under the agreement shall continue for the	5152
number of years specified in the agreement.	5153

(G) Except as otherwise provided in this division, an	5154
agreement entered into under this section shall require that the	5155
enterprise pay an annual fee equal to the greater of one per cent	5156
of the dollar value of incentives offered under the agreement or	5157
five hundred dollars; provided, however, that if the value of the	5158
incentives exceeds two hundred fifty thousand dollars, the fee	5159
shall not exceed two thousand five hundred dollars. The fee shall	5160
be payable to the legislative authority once per year for each	5161
year the agreement is effective on the days and in the form	5162
specified in the agreement. Fees paid shall be deposited in a	5163
special fund created for such purpose by the legislative authority	5164
and shall be used by the legislative authority exclusively for the	5165
purpose of complying with section 5709.68 of the Revised Code and	5166
by the tax incentive review council created under section 5709.85	5167
of the Revised Code exclusively for the purposes of performing the	5168
duties prescribed under that section. The legislative authority	5169
may waive or reduce the amount of the fee charged against an	5170
enterprise, but such a waiver or reduction does not affect the	5171
obligations of the legislative authority or the tax incentive	5172
review council to comply with section 5709.68 or 5709.85 of the	5173
Revised Code.	5174

(H) When an agreement is entered into pursuant to this	5175
section, the legislative authority authorizing the agreement shall	5176
forward a copy of the agreement to the director of development and	5177
to the tax commissioner within fifteen days after the agreement is	5178
entered into. If any agreement includes terms not provided for in	5179
section 5709.631 of the Revised Code affecting the revenue of a	5180
city, local, or exempted village school district or causing	5181
revenue to be foregone by the district, including any compensation	5182
to be paid to the school district pursuant to section 5709.82 of	5183
the Revised Code, those terms also shall be forwarded in writing	5184
to the director of development along with the copy of the	5185
agreement forwarded under this division.	5186

(I) After an agreement is entered into, the enterprise shall	5187
file with each personal property tax return required to be filed,	5188
or annual report required to be filed under section 5727.08 of the	5189
Revised Code, while the agreement is in effect, an informational	5190
return, on a form prescribed by the tax commissioner for that	5191
purpose, setting forth separately the property, and related costs	5192
and values, exempted from taxation under the agreement.	5193

(J) Enterprises may agree to give preference to residents of	5194
the zone within which the agreement applies relative to residents	5195
of this state who do not reside in the zone when hiring new	5196
employees under the agreement.	5197

(K) An agreement entered into under this section may include	5198
a provision requiring the enterprise to create one or more	5199
temporary internship positions for students enrolled in a course	5200
of study at a school or other educational institution in the	5201
vicinity, and to create a scholarship or provide another form of	5202
educational financial assistance for students holding such a	5203
position in exchange for the student's commitment to work for the	5204
enterprise at the completion of the internship.	5205

(L) The tax commissioner's authority in determining the	5206
accuracy of any exemption granted by an agreement entered into	5207
under this section is limited to divisions (C)(1)(a) and (b),	5208
(C)(2)(a), (b), and (c), (C)(3), (D), and (I) of this section and	5209
divisions (B)(1) to (10) of section 5709.631 of the Revised Code	5210
and, as authorized by law, to enforcing any modification to, or	5211
revocation of, that agreement by the legislative authority of a	5212
municipal corporation or the director of development.	5213

Sec. 5709.632.  (A)(1) The legislative authority of a	5214
municipal corporation defined by the United States office of	5215
management and budget as a principal city of a metropolitan	5216
statistical area or designated as an urban cluster in a rural	5217
statistical area may, in the manner set forth in section 5709.62	5218
of the Revised Code, designate one or more areas in the municipal	5219
corporation as a proposed enterprise zone.	5220

(2) With the consent of the legislative authority of each	5221
affected municipal corporation or of a board of township trustees,	5222
a board of county commissioners may, in the manner set forth in	5223
section 5709.62 of the Revised Code, designate one or more areas	5224
in one or more municipal corporations or in unincorporated areas	5225
of the county as proposed urban jobs and enterprise zones, except	5226
that a board of county commissioners may designate no more than	5227
one area within a township, or within adjacent townships, as a	5228
proposed urban jobs and enterprise zone.	5229

(3)(a) The legislative authority or board of county	5230
commissioners may petition the director of development for	5231
certification of the area as having the characteristics set forth	5232
in division (A)(3) of section 5709.61 of the Revised Code. Within	5233
sixty days after receiving such a petition, the director shall	5234
determine whether the area has the characteristics set forth in	5235
that division and forward the findings to the legislative	5236
authority or board of county commissioners. If the director	5237
certifies the area as having those characteristics and thereby	5238
certifies it as a zone, the legislative authority or board may	5239
enter into agreements with enterprises under division (B) of this	5240
section. Any enterprise wishing to enter into an agreement with a	5241
legislative authority or board of county commissioners under this	5242
section and satisfying one of the criteria described in divisions	5243
(B)(1) to (5) of this section shall submit a proposal to the	5244
legislative authority or board on the form prescribed under	5245
division (B) of section 5709.62 of the Revised Code and shall	5246
review and update the estimates and listings required by the form	5247
in the manner required under that division. The legislative	5248
authority or board may, on a separate form and at any time,	5249
require any additional information necessary to determine whether	5250
an enterprise is in compliance with an agreement and to collect	5251
the information required to be reported under section 5709.68 of	5252
the Revised Code.	5253

(b) The legislative authority of a city designated as an	5254
urban cluster in a rural statistical area that has, pursuant to	5255
this section, as amended by Am. Sub. H.B. 95 of the 125th general	5256
assembly, designated one or more areas in the city as a proposed	5257
enterprise zone, shall not enter into an agreement under this	5258
section unless it has petitioned the director and the director has	5259
certified the proposed enterprise zone under division (A)(3)(a) of	5260
this section.	5261

(B) Prior to entering into an agreement with an enterprise,	5262
the legislative authority or board of county commissioners shall	5263
determine whether the enterprise submitting the proposal is	5264
qualified by financial responsibility and business experience to	5265
create and preserve employment opportunities in the zone and to	5266
improve the economic climate of the municipal corporation or	5267
municipal corporations or the unincorporated areas in which the	5268
zone is located and to which the proposal applies, and whether the	5269
enterprise satisfies one of the following criteria:	5270

(1) The enterprise currently has no operations in this state	5271
and, subject to approval of the agreement, intends to establish	5272
operations in the zone;	5273

(2) The enterprise currently has operations in this state	5274
and, subject to approval of the agreement, intends to establish	5275
operations at a new location in the zone that would not result in	5276
a reduction in the number of employee positions at any of the	5277
enterprise's other locations in this state;	5278

(3) The enterprise, subject to approval of the agreement,	5279
intends to relocate operations, currently located in another	5280
state, to the zone;	5281

(4) The enterprise, subject to approval of the agreement,	5282
intends to expand operations at an existing site in the zone that	5283
the enterprise currently operates;	5284

(5) The enterprise, subject to approval of the agreement,	5285
intends to relocate operations, currently located in this state,	5286
to the zone, and the director of development has issued a waiver	5287
for the enterprise under division (B) of section 5709.633 of the	5288
Revised Code.	5289

(C) If the legislative authority or board determines that the	5290
enterprise is so qualified and satisfies one of the criteria	5291
described in divisions (B)(1) to (5) of this section, the	5292
legislative authority or board may, after complying with section	5293
5709.83 of the Revised Code and on or before October 15, 2009,	5294
and, in the case of a board of commissioners, with the consent of	5295
the legislative authority of each affected municipal corporation	5296
or of the board of township trustees, enter into an agreement with	5297
the enterprise under which the enterprise agrees to establish,	5298
expand, renovate, or occupy a facility in the zone and hire new	5299
employees, or preserve employment opportunities for existing	5300
employees, in return for the following incentives:	5301

(1) When the facility is located in a municipal corporation,	5302
a legislative authority or board of commissioners may enter into	5303
an agreement for one or more of the incentives provided in	5304
division (C) of section 5709.62 of the Revised Code, subject to	5305
division (D) of that section;	5306

(2) When the facility is located in an unincorporated area, a	5307
board of commissioners may enter into an agreement for one or more	5308
of the incentives provided in divisions (B)(1)(b), (B)(2), and	5309
(B)(3) of section 5709.63 of the Revised Code, subject to division	5310
(C) of that section.	5311

(D) All agreements entered into under this section shall be	5312
in the form prescribed under section 5709.631 of the Revised Code.	5313
After an agreement under this section is entered into, if the	5314
legislative authority or board of county commissioners revokes its	5315
designation of the zone, or if the director of development revokes	5316
the zone's certification, any entitlements granted under the	5317
agreement shall continue for the number of years specified in the	5318
agreement.	5319

(E) Except as otherwise provided in this division, an	5320
agreement entered into under this section shall require that the	5321
enterprise pay an annual fee equal to the greater of one per cent	5322
of the dollar value of incentives offered under the agreement or	5323
five hundred dollars; provided, however, that if the value of the	5324
incentives exceeds two hundred fifty thousand dollars, the fee	5325
shall not exceed two thousand five hundred dollars. The fee shall	5326
be payable to the legislative authority or board of commissioners	5327
once per year for each year the agreement is effective on the days	5328
and in the form specified in the agreement. Fees paid shall be	5329
deposited in a special fund created for such purpose by the	5330
legislative authority or board and shall be used by the	5331
legislative authority or board exclusively for the purpose of	5332
complying with section 5709.68 of the Revised Code and by the tax	5333
incentive review council created under section 5709.85 of the	5334
Revised Code exclusively for the purposes of performing the duties	5335
prescribed under that section. The legislative authority or board	5336
may waive or reduce the amount of the fee charged against an	5337
enterprise, but such waiver or reduction does not affect the	5338
obligations of the legislative authority or board or the tax	5339
incentive review council to comply with section 5709.68 or 5709.85	5340
of the Revised Code, respectively.	5341

(F) With the approval of the legislative authority of a	5342
municipal corporation or the board of township trustees of a	5343
township in which a zone is designated under division (A)(2) of	5344
this section, the board of county commissioners may delegate to	5345
that legislative authority or board any powers and duties of the	5346
board to negotiate and administer agreements with regard to that	5347
zone under this section.	5348

(G) When an agreement is entered into pursuant to this	5349
section, the legislative authority or board of commissioners	5350
authorizing the agreement shall forward a copy of the agreement to	5351
the director of development and to the tax commissioner within	5352
fifteen days after the agreement is entered into. If any agreement	5353
includes terms not provided for in section 5709.631 of the Revised	5354
Code affecting the revenue of a city, local, or exempted village	5355
school district or causing revenue to be foregone by the district,	5356
including any compensation to be paid to the school district	5357
pursuant to section 5709.82 of the Revised Code, those terms also	5358
shall be forwarded in writing to the director of development along	5359
with the copy of the agreement forwarded under this division.	5360

(H) After an agreement is entered into, the enterprise shall	5361
file with each personal property tax return required to be filed	5362
while the agreement is in effect, an informational return, on a	5363
form prescribed by the tax commissioner for that purpose, setting	5364
forth separately the property, and related costs and values,	5365
exempted from taxation under the agreement.	5366

(I) An agreement entered into under this section may include	5367
a provision requiring the enterprise to create one or more	5368
temporary internship positions for students enrolled in a course	5369
of study at a school or other educational institution in the	5370
vicinity, and to create a scholarship or provide another form of	5371
educational financial assistance for students holding such a	5372
position in exchange for the student's commitment to work for the	5373
enterprise at the completion of the internship.	5374

Sec. 5709.75. (A) Any township that receives service payments	5375
in lieu of taxes under section 5709.74 of the Revised Code shall	5376
establish a township public improvement tax increment equivalent	5377
fund into which those payments shall be deposited. If the board of	5378
township trustees has adopted a resolution under division (C) of	5379
section 5709.73 of the Revised Code, the township shall establish	5380
at least one account in that fund with respect to resolutions	5381
adopted under division (B) of that section, and one account with	5382
respect to each district created by a resolution adopted under	5383
division (C) of that section. If a resolution adopted under	5384
division (C) of section 5709.73 of the Revised Code also	5385
authorizes the use of service payments for housing renovations	5386
within the district, the township shall establish separate	5387
accounts for the service payments designated for public	5388
infrastructure improvements and for the service payments	5389
authorized for the purpose of housing renovations. Moneys	5390

(B) Except as otherwise provided in division (C) or (D) of	5391
this section, money deposited in an account of thatthe township	5392
public improvement tax increment equivalent fund shall be used by	5393
the township to pay the costs of public infrastructure	5394
improvements designated in or the housing renovations authorized	5395
by the resolution with respect to which the account is	5396
established, including any interest on and principal of the notes;	5397
in the case of an account established with respect to a resolution	5398
adopted under division (C) of that section, money in the account	5399
shall be used to finance the public infrastructure improvements	5400
designated, or the housing renovations authorized, for each	5401
district created in the resolution. Money in an account shall not	5402
be used to finance or support housing renovations that take place	5403
after the district has expired. The	5404

(C) A township may also distribute money in such an account	5405
to any school district in which the exempt property is located in	5406
an amount not to exceed the amount of real property taxes that	5407
such school district would have received from the improvement if	5408
it were not exempt from taxation. The resolution establishing the	5409
fund shall set forth the percentage of such maximum amount that	5410
will be distributed to any affected school district. Any	5411

(D) On or before January 1, 2007, a board of township	5412
trustees that adopted a resolution under division (B) of section	5413
5709.73 of the Revised Code before January 1, 1995, and that, with	5414
respect to property exempted under such a resolution, is party to	5415
a hold-harmless agreement, may appropriate and expend unencumbered	5416
money in the fund to pay current public safety expenses of the	5417
township. A township appropriating and expending money under this	5418
division shall reimburse the fund for the sum so appropriated and	5419
expended not later than the day the exemption granted under the	5420
resolution expires. For the purposes of this division, a	5421
"hold-harmless agreement" is an agreement with the board of	5422
education of a city, local, or exempted village school district	5423
under which the board of township trustees agrees to compensate	5424
the school district for one hundred per cent of the tax revenue	5425
the school district would have received from improvements to	5426
parcels designated in the resolution were it not for the exemption	5427
granted by the resolution.	5428

(E) Any incidental surplus remaining in the township public	5429
improvement tax increment equivalent fund or an account of that	5430
fund upon dissolution of the account or fund shall be transferred	5431
to the general fund of the township.	5432

Sec. 5709.91.  Service payments in lieu of taxes required	5433
under sections 725.04, 5709.42, 5709.74, and 5709.79 of the	5434
Revised Code, minimum service payment obligations, and service	5435
charges in lieu of taxes required under sections 1728.11 and	5436
1728.111 of the Revised Code, shall be treated in the same manner	5437
as taxes for all purposes of the lien described in section 323.11	5438
of the Revised Code, including, but not limited to, the priority	5439
and enforcement of the lien and the collection of the service	5440
payments, minimum service payment obligations, or service charges	5441
secured by the lien. For the purposes of this section, a "minimum	5442
service payment obligation" is an obligation, including a	5443
contingent obligation, for a person to make a payment to a county,	5444
township, or municipal corporation to ensure sufficient funds to	5445
finance public infrastructure improvements or, if applicable,	5446
housing renovations, pursuant to an agreement between that person	5447
and the county, township, or municipal corporation for the	5448
purposes of sections 5709.40 to 5709.43, 5709.73 to 5709.75, or	5449
5709.77 to 5709.81 of the Revised Code.	5450

Sec. 5715.70. (A) A county board of revision may release a	5451
lien imposed on real property situated within the county if all	5452
the following apply:	5453

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

5454

(2) The lien is for a debt resulting from the cost of	5455
environmental cleanup of the property paid from state or local	5456
government funds.	5457

(3) The amount of the lien is equal to or greater than twelve	5458
times the fair market value of the property.	5459

(4) The board determines the debt is uncollectible.

5460

(B) The board shall reduce a release given pursuant to this	5461
section to writing and the county treasurer shall sign and deliver	5462
it to the owner of the property.	5463

Sec. 5715.701. The county recorder shall discharge a lien	5464
described in section 5715.70 of the Revised Code when the release	5465
described in that section is presented to the county recorder. In	5466
addition to the discharge on the records by the recorder, the	5467
release shall be recorded in a book kept for that purpose by the	5468
recorder. The recorder is entitled to the fees for such recording	5469
as provided by section 317.32 of the Revised Code for recording	5470
deeds.	5471

Sec. 5733.121.  If a corporation entitled to a refund under	5472
section 5733.11 or 5733.12 of the Revised Code is indebted to this	5473
state for any tax, workers' compensation premium due under section	5474
4123.35 of the Revised Code, unemployment compensation	5475
contribution due under section 4141.25 of the Revised Code, or	5476
unemployment compensation payment in lieu of contribution under	5477
section 4141.241 of the Revised Code, certified claim under	5478
section 131.02 or 131.021 of the Revised Code, or fee that is paid	5479
to the state or to the clerk of courts pursuant to section 4505.06	5480
of the Revised Code, or any charge, penalty, or interest arising	5481
from such a tax, workers' compensation premium, unemployment	5482
compensation contribution, or unemployment compensation payment in	5483
lieu of contribution under section 4141.241 of the Revised Code,	5484
certified claim, or fee, the amount refundable may be applied in	5485
satisfaction of the debt. If the amount refundable is less than	5486
the amount of the debt, it may be applied in partial satisfaction	5487
of the debt. If the amount refundable is greater than the amount	5488
of the debt, the amount remaining after satisfaction of the debt	5489
shall be refunded. If the corporation has more than one such debt,	5490
any debt subject to section 5739.33 or division (G) of section	5491
5747.07 of the Revised Code shall be satisfied first. ThisExcept	5492
as provided in section 131.021 of the Revised Code, this section	5493
applies only to debts that have become final.	5494

The tax commissioner may charge each respective agency of the	5495
state for the commissioner's cost in applying refunds to debts due	5496
to the state and may charge the attorney general for the	5497
commissioner's cost in applying refunds to certified claims. The	5498
commissioner may promulgate rules to implement this section.	5499

The tax commissioner may, with the consent of the taxpayer,	5500
provide for the crediting, against tax due for any tax year, of	5501
the amount of any refund due the taxpayer under this chapter for a	5502
preceding tax year.	5503

Sec. 5747.12.  If a person entitled to a refund under section	5504
5747.11 or 5747.13 of the Revised Code is indebted to this state	5505
for any tax, workers' compensation premium due under section	5506
4123.35 of the Revised Code, unemployment compensation	5507
contribution due under section 4141.25 of the Revised Code,	5508
certified claim under section 131.02 or 131.021 of the Revised	5509
Code, or fee that is paid to the state or to the clerk of courts	5510
pursuant to section 4505.06 of the Revised Code, or any charge,	5511
penalty, or interest arising from such a tax, workers'	5512
compensation premium, unemployment compensation contribution,	5513
certified claim, or fee, the amount refundable may be applied in	5514
satisfaction of the debt. If the amount refundable is less than	5515
the amount of the debt, it may be applied in partial satisfaction	5516
of the debt. If the amount refundable is greater than the amount	5517
of the debt, the amount remaining after satisfaction of the debt	5518
shall be refunded. If the person has more than one such debt, any	5519
debt subject to section 5739.33 or division (G) of section 5747.07	5520
of the Revised Code shall be satisfied first. ThisExcept as	5521
provided in section 131.021 of the Revised Code, this section	5522
applies only to debts that have become final.	5523

The tax commissioner may charge each respective agency of the	5524
state for the commissioner's cost in applying refunds to debts due	5525
to the state and may charge the attorney general for the	5526
commissioner's cost in applying refunds to certified claims. The	5527
commissioner may promulgate rules to implement this section. The	5528
rules may address, among other things, situations such as those	5529
where persons may jointly be entitled to a refund but do not	5530
jointly owe a debt or certified claim.	5531

The tax commissioner may, with the consent of the taxpayer,	5532
provide for the crediting, against tax imposed under this chapter	5533
or Chapter 5748. of the Revised Code and due for any taxable year,	5534
of the amount of any refund due the taxpayer under this chapter or	5535
Chapter 5748. of the Revised Code, as appropriate, for a preceding	5536
taxable year.	5537

Section 2. That existing sections 9.98, 105.41, 123.10,	5538
125.28, 126.11, 131.02, 133.01, 145.011, 151.01, 151.04, 154.01,	5539
154.02, 154.07, 755.16, 755.18, 2716.11, 3305.01, 3307.01,	5540
3318.01, 3318.02, 3318.03, 3318.04, 3318.11, 3318.37, 3318.41,	5541
3333.045, 3334.01, 3345.04, 3345.12, 3345.17, 3345.31, 3345.32,	5542
3345.50, 3345.71, 3350.01, 3350.02, 3350.03, 3350.04, 3350.05,	5543
3383.01, 3383.02, 3383.07, 3770.073, 5537.01, 5540.01, 5709.61,	5544
5709.62, 5709.632, 5709.75, 5709.91, 5733.121, and 5747.12 and	5545
section 123.023 of the Revised Code are hereby repealed.	5546

Section 2.01. That the versions of sections 3305.01 and	5547
3307.01 of the Revised Code that are scheduled to take effect	5548
August 1, 2005, be amended to read as follows:	5549

Sec. 3305.01.  As used in this chapter:

5550

(A) "Public institution of higher education" means a state	5551
university as defined in section 3345.011 of the Revised Code, the	5552
medical collegeuniversity of Ohio at Toledo, the northeastern	5553
Ohio universities college of medicine, or a university branch,	5554
technical college, state community college, community college, or	5555
municipal university established or operating under Chapter 3345.,	5556
3349., 3354., 3355., 3357., or 3358. of the Revised Code.	5557

(B) "State retirement system" means the public employees	5558
retirement system created under Chapter 145. of the Revised Code,	5559
the state teachers retirement system created under Chapter 3307.	5560
of the Revised Code, or the school employees retirement system	5561
created under Chapter 3309. of the Revised Code.	5562

(C) "Eligible employee" means any person employed as a	5563
full-time employee of a public institution of higher education.	5564

In all cases of doubt, the board of trustees of the public	5565
institution of higher education shall determine whether any person	5566
is an eligible employee for purposes of this chapter, and the	5567
board's decision shall be final.	5568

(D) "Electing employee" means any eligible employee who	5569
elects, pursuant to section 3305.05 or 3305.051 of the Revised	5570
Code, to participate in an alternative retirement plan provided	5571
pursuant to this chapter or an eligible employee who is required	5572
to participate in an alternative retirement plan pursuant to	5573
division (C)(4) of section 3305.05 or division (F) of section	5574
3305.051 of the Revised Code.	5575

(E) "Compensation," for purposes of an electing employee, has	5576
the same meaning as the applicable one of the following:	5577

(1) If the electing employee would be subject to Chapter 145.	5578
of the Revised Code had the employee not made an election pursuant	5579
to section 3305.05 or 3305.051 of the Revised Code, "earnable	5580
salary" as defined in division (R) of section 145.01 of the	5581
Revised Code;	5582

(2) If the electing employee would be subject to Chapter	5583
3307. of the Revised Code had the employee not made an election	5584
pursuant to section 3305.05 or 3305.051 of the Revised Code,	5585
"compensation" as defined in division (L) of section 3307.01 of	5586
the Revised Code;	5587

(3) If the electing employee would be subject to Chapter	5588
3309. of the Revised Code had the employee not made an election	5589
pursuant to section 3305.05 or 3305.051 of the Revised Code,	5590
"compensation" as defined in division (V) of section 3309.01 of	5591
the Revised Code.	5592

(F) "Provider" means an entity designated under section	5593
3305.03 of the Revised Code as a provider of investment options	5594
for an alternative retirement plan.	5595

Sec. 3307.01.  As used in this chapter:

5596

(A) "Employer" means the board of education, school district,	5597
governing authority of any community school established under	5598
Chapter 3314. of the Revised Code, college, university,	5599
institution, or other agency within the state by which a teacher	5600
is employed and paid.	5601

(B) "Teacher" means all of the following:

5602

(1) Any person paid from public funds and employed in the	5603
public schools of the state under any type of contract described	5604
in section 3319.08 of the Revised Code in a position for which the	5605
person is required to have a license issued pursuant to sections	5606
3319.22 to 3319.31 of the Revised Code;	5607

(2) Any person employed as a teacher by a community school	5608
pursuant to Chapter 3314. of the Revised Code;	5609

(3) Any person having a license issued pursuant to sections	5610
3319.22 to 3319.31 of the Revised Code and employed in a public	5611
school in this state in an educational position, as determined by	5612
the state board of education, under programs provided for by	5613
federal acts or regulations and financed in whole or in part from	5614
federal funds, but for which no licensure requirements for the	5615
position can be made under the provisions of such federal acts or	5616
regulations;	5617

(4) Any other teacher or faculty member employed in any	5618
school, college, university, institution, or other agency wholly	5619
controlled and managed, and supported in whole or in part, by the	5620
state or any political subdivision thereof, including Central	5621
state university, Cleveland state university, the university of	5622
Toledo, and the medical collegeuniversity of Ohio at Toledo;	5623

(5) The educational employees of the department of education,	5624
as determined by the state superintendent of public instruction.	5625

In all cases of doubt, the state teachers retirement board	5626
shall determine whether any person is a teacher, and its decision	5627
shall be final.	5628

"Teacher" does not include any eligible employee of a public	5629
institution of higher education, as defined in section 3305.01 of	5630
the Revised Code, who elects to participate in an alternative	5631
retirement plan established under Chapter 3305. of the Revised	5632
Code.	5633

(C) "Member" means any person included in the membership of	5634
the state teachers retirement system, which shall consist of all	5635
teachers and contributors as defined in divisions (B) and (D) of	5636
this section and all disability benefit recipients, as defined in	5637
section 3307.50 of the Revised Code. However, for purposes of this	5638
chapter, the following persons shall not be considered members:	5639

(1) A student, intern, or resident who is not a member while	5640
employed part-time by a school, college, or university at which	5641
the student, intern, or resident is regularly attending classes;	5642

(2) A person denied membership pursuant to section 3307.24 of	5643
the Revised Code;	5644

(3) An other system retirant, as defined in section 3307.35	5645
of the Revised Code, or a superannuate;	5646

(4) An individual employed in a program established pursuant	5647
to the "Job Training Partnership Act," 96 Stat. 1322 (1982), 29	5648
U.S.C.A. 1501.	5649

(D) "Contributor" means any person who has an account in the	5650
teachers' savings fund or defined contribution fund.	5651

(E) "Beneficiary" means any person eligible to receive, or in	5652
receipt of, a retirement allowance or other benefit provided by	5653
this chapter.	5654

(F) "Year" means the year beginning the first day of July and	5655
ending with the thirtieth day of June next following, except that	5656
for the purpose of determining final average salary under the plan	5657
described in sections 3307.50 to 3307.79 of the Revised Code,	5658
"year" may mean the contract year.	5659

(G) "Local district pension system" means any school teachers	5660
pension fund created in any school district of the state in	5661
accordance with the laws of the state prior to September 1, 1920.	5662

(H) "Employer contribution" means the amount paid by an	5663
employer, as determined by the employer rate, including the normal	5664
and deficiency rates, contributions, and funds wherever used in	5665
this chapter.	5666

(I) "Five years of service credit" means employment covered	5667
under this chapter and employment covered under a former	5668
retirement plan operated, recognized, or endorsed by a college,	5669
institute, university, or political subdivision of this state	5670
prior to coverage under this chapter.	5671

(J) "Actuary" means the actuarial consultant to the state	5672
teachers retirement board, who shall be either of the following:	5673

(1) A member of the American academy of actuaries;

5674

(2) A firm, partnership, or corporation of which at least one	5675
person is a member of the American academy of actuaries.	5676

(K) "Fiduciary" means a person who does any of the following:

5677

(1) Exercises any discretionary authority or control with	5678
respect to the management of the system, or with respect to the	5679
management or disposition of its assets;	5680

(2) Renders investment advice for a fee, direct or indirect,	5681
with respect to money or property of the system;	5682

(3) Has any discretionary authority or responsibility in the	5683
administration of the system.	5684

(L)(1) Except as provided in this division, "compensation"	5685
means all salary, wages, and other earnings paid to a teacher by	5686
reason of the teacher's employment, including compensation paid	5687
pursuant to a supplemental contract. The salary, wages, and other	5688
earnings shall be determined prior to determination of the amount	5689
required to be contributed to the teachers' savings fund or	5690
defined contribution fund under section 3307.26 of the Revised	5691
Code and without regard to whether any of the salary, wages, or	5692
other earnings are treated as deferred income for federal income	5693
tax purposes.	5694

(2) Compensation does not include any of the following:

5695

(a) Payments for accrued but unused sick leave or personal	5696
leave, including payments made under a plan established pursuant	5697
to section 124.39 of the Revised Code or any other plan	5698
established by the employer;	5699

(b) Payments made for accrued but unused vacation leave,	5700
including payments made pursuant to section 124.13 of the Revised	5701
Code or a plan established by the employer;	5702

(c) Payments made for vacation pay covering concurrent	5703
periods for which other salary, compensation, or benefits under	5704
this chapter are paid;	5705

(d) Amounts paid by the employer to provide life insurance,	5706
sickness, accident, endowment, health, medical, hospital, dental,	5707
or surgical coverage, or other insurance for the teacher or the	5708
teacher's family, or amounts paid by the employer to the teacher	5709
in lieu of providing the insurance;	5710

(e) Incidental benefits, including lodging, food, laundry,	5711
parking, or services furnished by the employer, use of the	5712
employer's property or equipment, and reimbursement for	5713
job-related expenses authorized by the employer, including moving	5714
and travel expenses and expenses related to professional	5715
development;	5716

(f) Payments made by the employer in exchange for a member's	5717
waiver of a right to receive any payment, amount, or benefit	5718
described in division (L)(2) of this section;	5719

(g) Payments by the employer for services not actually	5720
rendered;	5721

(h) Any amount paid by the employer as a retroactive increase	5722
in salary, wages, or other earnings, unless the increase is one of	5723
the following:	5724

(i) A retroactive increase paid to a member employed by a	5725
school district board of education in a position that requires a	5726
license designated for teaching and not designated for being an	5727
administrator issued under section 3319.22 of the Revised Code	5728
that is paid in accordance with uniform criteria applicable to all	5729
members employed by the board in positions requiring the licenses;	5730

(ii) A retroactive increase paid to a member employed by a	5731
school district board of education in a position that requires a	5732
license designated for being an administrator issued under section	5733
3319.22 of the Revised Code that is paid in accordance with	5734
uniform criteria applicable to all members employed by the board	5735
in positions requiring the licenses;	5736

(iii) A retroactive increase paid to a member employed by a	5737
school district board of education as a superintendent that is	5738
also paid as described in division (L)(2)(h)(i) of this section;	5739

(iv) A retroactive increase paid to a member employed by an	5740
employer other than a school district board of education in	5741
accordance with uniform criteria applicable to all members	5742
employed by the employer.	5743

(i) Payments made to or on behalf of a teacher that are in	5744
excess of the annual compensation that may be taken into account	5745
by the retirement system under division (a)(17) of section 401 of	5746
the "Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A.	5747
401(a)(17), as amended. For a teacher who first establishes	5748
membership before July 1, 1996, the annual compensation that may	5749
be taken into account by the retirement system shall be determined	5750
under division (d)(3) of section 13212 of the "Omnibus Budget	5751
Reconciliation Act of 1993," Pub. L. No. 103-66, 107 Stat. 472.	5752

(j) Payments made under division (B), (C), or (E) of section	5753
5923.05 of the Revised Code, Section 4 of Substitute Senate Bill	5754
No. 3 of the 119th general assembly, Section 3 of Amended	5755
Substitute Senate Bill No. 164 of the 124th general assembly, or	5756
Amended Substitute House Bill No. 405 of the 124th general	5757
assembly;	5758

(k) Anything of value received by the teacher that is based	5759
on or attributable to retirement or an agreement to retire.	5760

(3) The retirement board shall determine by rule both of the	5761
following:	5762

(a) Whether particular forms of earnings are included in any	5763
of the categories enumerated in this division;	5764

(b) Whether any form of earnings not enumerated in this	5765
division is to be included in compensation.	5766

Decisions of the board made under this division shall be	5767
final.	5768

(M) "Superannuate" means both of the following:

5769

(1) A former teacher receiving from the system a retirement	5770
allowance under section 3307.58 or 3307.59 of the Revised Code;	5771

(2) A former teacher receiving a benefit from the system	5772
under a plan established under section 3307.81 of the Revised	5773
Code, except that "superannuate" does not include a former teacher	5774
who is receiving a benefit based on disability under a plan	5775
established under section 3307.81 of the Revised Code.	5776

For purposes of sections 3307.35 and 3307.353 of the Revised	5777
Code, "superannuate" also means a former teacher receiving from	5778
the system a combined service retirement benefit paid in	5779
accordance with section 3307.57 of the Revised Code, regardless of	5780
which retirement system is paying the benefit.	5781

Section 2.02. That the existing versions of sections 3305.01	5782
and 3307.01 of the Revised Code that are scheduled to take effect	5783
August 1, 2005, are hereby repealed.	5784

Section 2.03. Sections 2.01 and 2.02 of this act shall take	5785
effect August 1, 2005.	5786

Section 3.01. The items set forth in this section are hereby	5787
appropriated out of any moneys in the state treasury to the credit	5788
of the Wildlife Fund (Fund 015), that are not otherwise	5789
appropriated.	5790

Appropriations

DNR DEPARTMENT OF NATURAL RESOURCES

5791

CAP-702		UST Removal/Replacement		$	50,000		5792
CAP-703		Cap Abandoned Water Wells		$	10,000		5793
CAP-995		Boundary Protection		$	50,000		5794
Total Department of Natural Resources				$	110,000		5795
TOTAL Wildlife Fund				$	110,000		5796

Section 4.01.  The items set forth in this section are hereby	5798
appropriated out of any moneys in the state treasury to the credit	5799
of the Public School Building Fund (Fund 021), that are not	5800
otherwise appropriated.	5801

Appropriations

SFC SCHOOL FACILITIES COMMISSION

5802

CAP-622		Public School Buildings		$	3,000,000		5803
Total School Facilities Commission				$	3,000,000		5804
TOTAL Public School Building Fund				$	3,000,000		5805

Section 4.02. PUBLIC SCHOOL BUILDING FUND

5807

The Controlling Board, when requested to do so by the	5808
Executive Director of the Ohio School Facilities Commission, may	5809
increase appropriations in the Public School Building Fund (Fund	5810
021), based on revenues received by the fund, including cash	5811
transfers and interest that may accrue to the fund.	5812

Section 5.01.  The items set forth in this section are hereby	5813
appropriated out of any moneys in the state treasury to the credit	5814
of the Highway Safety Fund (Fund 036), that are not otherwise	5815
appropriated.	5816

Appropriations

DHS DEPARTMENT OF PUBLIC SAFETY

5817

CAP-072		OSHP Academy Infrastructure Phase II		$	750,000		5818
CAP-079		Ironton Patrol Post		$	1,900,000		5819
Total Department of Public Safety				$	2,650,000		5820
TOTAL Highway Safety Fund				$	2,650,000		5821

Section 6.01. All items set forth in this section are hereby	5823
appropriated out of any moneys in the state treasury to the credit	5824
of the State Capital Improvements Revolving Loan Fund (Fund 040).	5825
Revenues to the State Capital Improvements Revolving Loan Fund	5826
shall consist of all repayments of loans made to local	5827
subdivisions for capital improvements, investment earnings on	5828
moneys in the fund, and moneys obtained from federal or private	5829
grants or from other sources for the purpose of making loans for	5830
the purpose of financing or assisting in the financing of the cost	5831
of capital improvement projects of local subdivisions.	5832

Appropriations

PWC PUBLIC WORKS COMMISSION

5833

CAP-151		Revolving Loan		$	16,750,000		5834
Total Public Works Commission				$	16,750,000		5835
TOTAL State Capital Improvements Revolving Loan Fund				$	16,750,000		5836

The foregoing appropriation item CAP-151, Revolving Loan,	5837
shall be used in accordance with sections 164.01 to 164.12 of the	5838
Revised Code.	5839

Section 7.01.  All items set forth in this section are hereby	5840
appropriated out of any moneys in the state treasury to the credit	5841
of the Waterways Safety Fund (Fund 086), that are not otherwise	5842
appropriated.	5843

Appropriations

DNR DEPARTMENT OF NATURAL RESOURCES

5844

CAP-324		Cooperative Funding for Boating Facilities		$	7,600,000		5845
CAP-934		Operations Facilities Development		$	890,000		5846
Total Department of Natural Resources				$	8,490,000		5847
TOTAL Waterways Safety Fund				$	8,490,000		5848

Section 8.01. All items set forth in this section are hereby	5850
appropriated out of any moneys in the state treasury to the credit	5851
of the Nursing Home-Federal Fund (Fund 319) that are not otherwise	5852
appropriated.	5853

Appropriations

OVH OHIO VETERANS' HOME AGENCY

5854

430-776		Mechanical Systems Upgrade		$	1,560,000		5855
430-777		Secrest Kitchen Improvements		$	260,000		5856
430-778		Corridor Renovations		$	325,000		5857
430-781		Secrest/Veterans' Hall Roof Replacement		$	552,500		5858
Total Ohio Veterans' Home Agency				$	2,697,500		5859
TOTAL Nursing Home-Federal Fund				$	2,697,500		5860

Section 9.01. All items set forth in this section are hereby	5862
appropriated out of any moneys in the state treasury to the credit	5863
of the Army National Guard Service Contract Fund (Fund 342) that	5864
are not otherwise appropriated.	5865

Appropriations

ADJ ADJUTANT GENERAL

5866

CAP-065		Armory Construction-Federal		$	6,649,000		5867
Total Adjutant General				$	6,649,000		5868
Total Army National Guard Service Contract				$	6,649,000		5869

Section 10.01. All items set forth in this section are hereby	5871
appropriated out of any moneys in the state treasury to the credit	5872
of the Special Administrative Fund (Fund 4A9) that are not	5873
otherwise appropriated.	5874

Appropriations

JFS DEPARTMENT OF JOB AND FAMILY SERVICES

5875

CAP-027		Various Renovations - Local Offices		$	2,076,956		5876
Total Department of Job and Family Services				$	2,076,956		5877
TOTAL Special Administrative Fund				$	2,076,956		5878

Section 11.01. The items set forth in this section are hereby	5880
appropriated out of any moneys in the state treasury to the credit	5881
of the State Fire Marshal Fund (Fund 546), that are not otherwise	5882
appropriated.	5883

Appropriations

COM DEPARTMENT OF COMMERCE

5884

CAP-014		Office and Dorm Addition		$	8,190,000		5885
CAP-016		MARCS Radio Communications		$	400,000		5886
Total Department of Commerce				$	8,590,000		5887
TOTAL State Fire Marshal Fund				$	8,590,000		5888

Section 12.01. The items set forth in this section are hereby	5890
appropriated out of any moneys in the state treasury to the credit	5891
of the Community Match Armories Fund (Fund 5U8) that are not	5892
otherwise appropriated.	5893

Appropriations

ADJ ADJUTANT GENERAL

5894

CAP-066		Armory Construction - Local		$	3,000,000		5895
Total Adjutant General				$	3,000,000		5896
TOTAL Community Match Armories				$	3,000,000		5897

Section 13.01.  The items set forth in this section are	5899
hereby appropriated out of any moneys in the state treasury to the	5900
credit of the Veterans' Home Improvement Fund (Fund 604) that are	5901
not otherwise appropriated.	5902

Appropriations

OVH OHIO VETERANS' HOME AGENCY

5903

CAP-776		Mechanical Systems Upgrade		$	840,000		5904
CAP-777		Secrest Kitchen Improvements		$	140,000		5905
CAP-778		Corridor Renovations		$	175,000		5906
CAP-779		Service Building		$	75,000		5907
CAP-780		Site Work		$	25,000		5908
CAP-781		Secrest/Veterans' Hall Roof Replacement		$	297,500		5909
CAP-782		HVAC Controls Upgrade		$	135,000		5910
CAP-783		Resident Security Upgrade		$	50,000		5911
CAP-784		Multipurpose Room/Employee Locker Room		$	254,000		5912
Total Ohio Veterans' Home Agency				$	1,991,500		5913
TOTAL Veterans' Home Improvement Fund				$	1,991,500		5914

Section 14.01. All items set forth in this section are hereby	5916
appropriated out of any moneys in the state treasury to the credit	5917
of the Clean Ohio Revitalization Fund (Fund 003) that are not	5918
otherwise appropriated.	5919

Appropriations

DEV DEPARTMENT OF DEVELOPMENT

5920

CAP-001		Clean Ohio Revitalization		$	40,000,000		5921
CAP-002		Clean Ohio Assistance		$	10,000,000		5922
Total Department of Development				$	50,000,000		5923
TOTAL Clean Ohio Revitalization Fund				$	50,000,000		5924

Section 14.02. The Treasurer of State is hereby authorized to	5926
issue and sell, in accordance with Section 2o of Article VIII,	5927
Ohio Constitution, and pursuant to sections 151.01 and 151.40 of	5928
the Revised Code, original obligations in an aggregate principal	5929
amount not to exceed $50,000,000, in addition to the original	5930
issuance of obligations heretofore authorized by prior acts of the	5931
General Assembly. These authorized obligations shall be issued,	5932
subject to applicable constitutional and statutory limitations, as	5933
needed to ensure sufficient moneys to the credit of the Clean Ohio	5934
Revitalization Fund (Fund 003) to pay costs of revitalization	5935
projects as referred to in sections 151.01 and 151.40 of the	5936
Revised Code.	5937

Section 15.01.  All items set forth in this section are	5938
hereby appropriated out of any moneys in the state treasury to the	5939
credit of the Highway Safety Building Fund (Fund 025) that are not	5940
otherwise appropriated.	5941

Appropriations

DHS DEPARTMENT OF PUBLIC SAFETY

5942

CAP-080		Repeaters and Portable Radios		$	2,500,000		5943
Total Department of Public Safety				$	2,500,000		5944
TOTAL Highway Safety Building Fund				$	2,500,000		5945

Notwithstanding any provision of law to the contrary, the	5946
Director of Budget and Management, with the written concurrence of	5947
the Director of Public Safety, may transfer cash temporarily from	5948
the Highway Safety Fund (Fund 036) to the Highway Safety Building	5949
Fund (Fund 025), where such cash may be used to fund the projects	5950
appropriated in Section 15.01 of this act. At such time as	5951
obligations are issued for Highway Safety Building Fund projects,	5952
the Director of Budget and Management shall transfer from the	5953
Highway Safety Building Fund to the Highway Safety Fund any	5954
amounts originally transferred to the Highway Safety Building Fund	5955
under this section.	5956

Section 16.01.  All items set forth in Sections 16.02 to	5957
16.10 of this act are hereby appropriated out of any moneys in the	5958
state treasury to the credit of the Administrative Building Fund	5959
(Fund 026) that are not otherwise appropriated.	5960

Appropriations

Section 16.02. ADJ ADJUTANT GENERAL

5961

CAP-036		Roof Replacement - Various		$	180,000		5962
CAP-038		Electrical Systems - Various		$	180,000		5963
CAP-039		Camp Perry Facility Improvements		$	200,000		5964
CAP-044		Replace Windows/Doors - Various		$	160,000		5965
CAP-045		Plumbing Renovations - Various		$	200,000		5966
CAP-046		Paving Renovations - Various		$	280,000		5967
CAP-050		HVAC Systems - Various		$	320,000		5968
CAP-056		Masonry Repairs/Renovations - Various		$	180,000		5969
CAP-060		Facility Protections Measures		$	300,000		5970
CAP-061		Repair/Renovate Waste Water System		$	200,000		5971
CAP-063		Rickenbacker International Airport		$	5,000,000		5972
CAP-065		Construct Marysville Armory/Community Center		$	2,994,000		5973
CAP-068		Norwalk Armory Storage Facility		$	15,000		5974
Total Adjutant General				$	10,209,000		5975

Appropriations

Section 16.03. DAS DEPARTMENT OF ADMINISTRATIVE SERVICES

5977

CAP-773		Governor's Residence Renovations		$	160,032		5978
CAP-826		Surface Road Building Renovations		$	200,000		5979
CAP-834		Capital Improvements Tracking System		$	750,000		5980
CAP-838		SOCC Renovations		$	532,042		5981
CAP-852		North High Building Complex		$	10,375,000		5982
CAP-855		Office Space Planning		$	5,274,502		5983
CAP-859		eSecure Ohio		$	1,750,000		5984
CAP-864		eGovernment Infrastructure		$	250,000		5985
CAP-865		DAS Building Security		$	140,000		5986
CAP-866		OH*1 Network		$	4,000,000		5987
CAP-867		Lausche Building Connector		$	500,000		5988
CAP-868		Riversouth Development		$	9,500,000		5989
Total Department of Administrative Services				$	33,431,576		5990

Appropriations

Section 16.04. AGR DEPARTMENT OF AGRICULTURE

5992

CAP-039		Renovate Weights/Measures Building		$	307,655		5993
CAP-042		Reynoldsburg Complex Security Improvements		$	110,000		5994
CAP-043		Building and Grounds Renovation		$	500,000		5995
CAP-049		Consumer Analytical Laboratory		$	110,000		5996
CAP-050		Plant Industries Building Planning		$	650,000		5997
Total Department of Agriculture				$	1,677,655		5998

Appropriations

Section 16.05. CSR CAPITOL SQUARE REVIEW AND ADVISORY BOARD

6000

CAP-010		Rotunda Renovation		$	1,400,000		6001
CAP-015		Sound System Upgrades		$	400,000		6002
CAP-018		HVAC Improvements		$	476,750		6003
Total Capitol Square Review and Advisory Board				$	2,276,750		6004

SOUND SYSTEM UPGRADES

6005

The foregoing appropriation item CAP-015, Sound System	6006
Upgrades, shall be used by Ohio Governmental Television to	6007
administer the statehouse sound system upgrade project.	6008

Appropriations

Section 16.06. EXP EXPOSITIONS COMMISSION

6009

CAP-037		Electrical Upgrades		$	2,400,000		6010
CAP-056		Building Renovations		$	1,600,000		6011
CAP-072		Emergency Renovations and Equipment Replacement		$	1,000,000		6012
Total Expositions Commission				$	5,000,000		6013

Appropriations

Section 16.07. DNR DEPARTMENT OF NATURAL RESOURCES

6015

CAP-742		Fountain Square Building and Telephone System Improvements		$	500,000		6016
CAP-744		Multi-Agency Radio Communications Equipment - MARCS		$	3,100,059		6017
CAP-747		DNR Fairgrounds Areas - General Upgrading		$	500,000		6018
Total Department of Natural Resources				$	4,100,059		6019

Appropriations

Section 16.08. DHS DEPARTMENT OF PUBLIC SAFETY

6021

CAP-078		Upgrade/Replacement of State EOC Equipment/System		$	525,000		6022
CAP-081		NOAA National Weather Radio Coverage		$	219,900		6023
Total Department of Public Safety				$	744,900		6024

Appropriations

Section 16.09. OSB SCHOOL FOR THE BLIND

6025

CAP-774		Glass Windows/E Wall of Natatorium		$	63,726		6026
CAP-775		Renovation of Science Lab Greenhouse		$	58,850		6027
CAP-776		Renovating Recreation Area		$	213,900		6028
CAP-777		New Classrooms for Secondary MH Program		$	880,407		6029
CAP-778		Renovation of Student Health Service Area		$	144,375		6030
CAP-779		Replacement of Cottage Windows		$	208,725		6031
CAP-780		New School Lighting		$	184,500		6032
CAP-781		Food Prep. Area Air Conditioning		$	67,250		6033
Total School for the Blind				$	1,821,733		6034

Appropriations

Section 16.10. OSD SCHOOL FOR THE DEAF

6035

CAP-777		Boilers, Blowers, and Controls for the School Complex		$	841,469		6036
CAP-778		Central Warehouse		$	706,194		6037
CAP-779		Storage Barn		$	330,850		6038
Total School for the Deaf				$	1,878,513		6039
TOTAL Administrative Building Fund				$	61,140,186		6040

Section 16.11.  The Ohio Building Authority is hereby	6041
authorized to issue and sell, in accordance with Section 2i of	6042
Article VIII, Ohio Constitution, and Chapter 152. and other	6043
applicable sections of the Revised Code, original obligations in	6044
an aggregate principal amount not to exceed $65,000,000 in	6045
addition to the original issuance of obligations heretofore	6046
authorized by prior acts of the General Assembly. The authorized	6047
obligations shall be issued, subject to applicable constitutional	6048
and statutory limitations, to pay costs associated with previously	6049
authorized capital facilities and the capital facilities referred	6050
to in Sections 16.02 to 16.10 of this act.	6051

Section 17.01.  All items set forth in this section are	6052
hereby appropriated out of any moneys in the state treasury to the	6053
credit of the Adult Correctional Building Fund (Fund 027) that are	6054
not otherwise appropriated.	6055

Appropriations

DRC DEPARTMENT OF REHABILITATION AND CORRECTION

6056

STATEWIDE AND CENTRAL OFFICE PROJECTS

6057

CAP-007		Asbestos/Hazardous Waste Removal		$	1,000,000		6058
CAP-017		Security Improvements - Statewide		$	5,000,000		6059
CAP-111		General Building Renovations		$	31,550,000		6060
CAP-141		Multi-Agency Radio Communications System Equipment		$	1,900,000		6061
CAP-187		Mandown Alert Communication System - Statewide		$	2,650,000		6062
Total Statewide and Central Office Projects				$	42,100,000		6063
TOTAL Department of Rehabilitation and Correction				$	42,100,000		6064
TOTAL ADULT CORRECTIONAL BUILDING FUND				$	42,100,000		6065

Section 17.02.  The Ohio Building Authority is hereby	6067
authorized to issue and sell, in accordance with Section 2i of	6068
Article VIII, Ohio Constitution, and Chapter 152. and section	6069
307.021 of the Revised Code, original obligations in an aggregate	6070
principal amount not to exceed $12,000,000 in addition to the	6071
original issuance of obligations heretofore authorized by prior	6072
acts of the General Assembly. The authorized obligations shall be	6073
issued subject to applicable constitutional and statutory	6074
limitations, to pay costs associated with previously authorized	6075
capital facilities and the capital facilities referred to in	6076
Section 17.01 of this act for the Department of Rehabilitation and	6077
Correction.	6078

Section 18.01.  All items set forth in this section are	6079
hereby appropriated out of any moneys in the state treasury to the	6080
credit of the Juvenile Correctional Building Fund (Fund 028) that	6081
are not otherwise appropriated.	6082

Appropriations

DYS DEPARTMENT OF YOUTH SERVICES

6083

CAP-801		Fire Suppression/Safety/Security		$	2,081,447		6084
CAP-803		General Institutional Renovations		$	3,806,860		6085
CAP-837		Sanitary Safety & Other Renovations - Indian River		$	3,641,875		6086
CAP-838		Education and Programming Expansion - ORV		$	1,400,000		6087
Total Department of Youth Services				$	10,930,182		6088
TOTAL Juvenile Correctional Building Fund				$	10,930,182		6089

Section 18.02.  The Ohio Building Authority is hereby	6091
authorized to issue and sell, in accordance with Section 2i of	6092
Article VIII, Ohio Constitution, and Chapter 152. and other	6093
applicable sections of the Revised Code, original obligations in	6094
an aggregate principal amount not to exceed $8,000,000 in addition	6095
to the original issuance of obligations heretofore authorized by	6096
prior acts of the General Assembly. The authorized obligations	6097
shall be issued, subject to applicable constitutional and	6098
statutory limitations, to pay the costs associated with previously	6099
authorized capital facilities and the capital facilities referred	6100
to in Section 18.01 of this act for the Department of Youth	6101
Services.	6102

Section 19.01. All items set forth in this section are hereby	6103
appropriated out of any moneys in the state treasury to the credit	6104
of the Cultural and Sports Facilities Building Fund (Fund 030)	6105
that are not otherwise appropriated.	6106

Appropriations

AFC CULTURAL FACILITIES COMMISSION

6107

CAP-010		Sandusky State Theatre Improvements		$	325,000		6108
CAP-013		Stambaugh Hall Improvements		$	250,000		6109
CAP-033		Woodward Opera House Renovation		$	100,000		6110
CAP-038		Center Exhibit Replacement		$	816,000		6111
CAP-043		Statewide Site Repairs		$	100,000		6112
CAP-044		National Underground Railroad Freedom Center		$	4,150,000		6113
CAP-046		Cincinnati Museum Center Improvements		$	250,000		6114
CAP-052		Akron Art Museum		$	1,012,500		6115
CAP-053		Powers Auditorium Improvements - Eleanor Beecher Flad Pavilion		$	250,000		6116
CAP-065		Beck Center for the Cultural Arts		$	100,000		6117
CAP-069		Cleveland Institute of Art		$	250,000		6118
CAP-071		Cleveland Institute of Music		$	750,000		6119
CAP-073		Marina District/Ice Arena Development		$	3,500,000		6120
CAP-074		Stan Hywet Hall & Gardens - West Vista Restoration		$	750,000		6121
CAP-745		Emergency Repairs		$	838,560		6122
CAP-769		Rankin House State Memorial		$	192,000		6123
CAP-781		Archives and Library Automation		$	624,000		6124
CAP-784		Center Rehabilitation		$	960,000		6125
CAP-806		Grant Boyhood Home Improvements		$	480,000		6126
CAP-812		Schuster Arts Center		$	5,500,000		6127
CAP-823		Marion Palace Theatre		$	750,000		6128
CAP-826		Renaissance Theatre		$	750,000		6129
CAP-834		Galion Historic Big Four Depot Restoration		$	170,000		6130
CAP-835		Jamestown Opera House		$	125,000		6131
CAP-844		Charles A. Eulett Education Center/Edge of Appalachia Museum Center		$	1,850,000		6132
CAP-845		Lima Historic Athletic Field		$	100,000		6133
CAP-846		Butler Palace Theatre		$	100,000		6134
CAP-847		Voice of America Museum		$	275,000		6135
CAP-848		Oxford Arts Center ADA Project		$	72,000		6136
CAP-849		Clark County Community Arts Expansion Project		$	500,000		6137
CAP-850		Westcott House Historic Site		$	75,000		6138
CAP-851		General Lytle Homestead - Harmony Hill		$	50,000		6139
CAP-852		Miami Township Community Amphitheatre		$	50,000		6140
CAP-853		Western Reserve Historical Society		$	1,000,000		6141
CAP-854		Steamship Mather Museum		$	100,000		6142
CAP-855		Rock and Roll Hall of Fame		$	250,000		6143
CAP-856		Friendly Inn Settlement House Historic Site		$	250,000		6144
CAP-857		Merrick House Historic Site		$	250,000		6145
CAP-858		Strongsville Historic Building		$	100,000		6146
CAP-859		Arts Castle		$	100,000		6147
CAP-860		Great Lakes Historical Society		$	325,000		6148
CAP-861		Ohio Glass Museum		$	250,000		6149
CAP-862		Goll Wood Homestead		$	50,000		6150
CAP-863		Ariel Theatre		$	100,000		6151
CAP-864		Bellbrook/Sugarcreek Historical Society		$	10,000		6152
CAP-865		Kennedy Stone House		$	15,000		6153
CAP-866		Sports Facilities Improvements - Cincinnati		$	4,350,000		6154
CAP-867		Ensemble Theatre		$	450,000		6155
CAP-868		Taft Museum		$	500,000		6156
CAP-869		Art Academy of Cincinnati		$	100,000		6157
CAP-870		Riverbend Pavilion Improvements		$	250,000		6158
CAP-871		Cincinnati Art & Technology Academy - Longworth Hall		$	100,000		6159
CAP-872		Music Hall: Over-The-Rhine		$	750,000		6160
CAP-873		John Bloomfield Home Restoration		$	115,000		6161
CAP-874		Malinta Historical Society Caboose Exhibit		$	6,000		6162
CAP-875		Hocking County Historical Society - Schempp House		$	10,000		6163
CAP-876		Art Deco Markay Theater		$	200,000		6164
CAP-877		Harvey Wells House		$	100,000		6165
CAP-878		Bryn Du		$	250,000		6166
CAP-879		Broad Street Historical Renovation		$	300,000		6167
CAP-880		Amherst Historical Society		$	35,000		6168
CAP-881		COSI - Toledo		$	1,900,000		6169
CAP-882		Ohio Theatre - Toledo		$	100,000		6170
CAP-883		Chester Academy Historic Site Renovations		$	25,000		6171
CAP-884		Bradford Ohio Railroad Museum		$	100,000		6172
CAP-885		Montgomery County Historical Society Archives		$	100,000		6173
CAP-886		Nelson T. Gant Historic Homestead		$	25,000		6174
CAP-887		Aurora Outdoor Sports Complex		$	50,000		6175
CAP-888		Preble County Historical Society		$	100,000		6176
CAP-889		Tecumseh Sugarloaf Mountain Amphitheatre		$	120,000		6177
CAP-890		Pro Football Hall of Fame		$	400,000		6178
CAP-891		MAPS Air Museum		$	15,000		6179
CAP-892		Foundation Community Threatre		$	50,000		6180
CAP-893		William McKinley Library Restoration		$	250,000		6181
CAP-894		Hale Farm & Village		$	250,000		6182
CAP-895		Blossom Music Center		$	2,512,500		6183
CAP-896		Richard Howe House		$	100,000		6184
CAP-897		Ward-Thomas Museum		$	30,000		6185
CAP-898		Packard Music Hall Renovation Project		$	100,000		6186
CAP-899		Holland Theatre		$	100,000		6187
CAP-900		Van Wert Historical Society		$	32,000		6188
CAP-901		Warren County Historical Society		$	225,000		6189
CAP-902		Marietta Colony Theatre		$	335,000		6190
CAP-903		West Salem Village Opera House		$	92,000		6191
CAP-904		Beavercreek Community Theater		$	100,000		6192
CAP-905		Smith Orr Homestead		$	100,000		6193
Total Cultural Facilities Commission				$	43,592,560		6194
TOTAL Cultural and Sports Facilities Building Fund				$	43,592,560		6195

Section 19.02.  The Treasurer of State is hereby authorized	6197
to issue and sell, in accordance with Section 2i of Article VIII,	6198
Ohio Constitution, and Chapter 154., as amended by this act, and	6199
other applicable sections of the Revised Code, original	6200
obligations in an aggregate principal amount not to exceed	6201
$35,000,000 in addition to the original issuance of obligations	6202
heretofore authorized by prior acts of the General Assembly. The	6203
authorized obligations shall be issued, subject to applicable	6204
constitutional and statutory limitations, to pay costs of capital	6205
facilities as defined in section 154.01 of the Revised Code,	6206
including construction as defined in division (H) of section	6207
3383.01 of the Revised Code, of the Ohio cultural facilities	6208
designated in Section 19.01 of this act.	6209

Section 20.01.  All items set forth in this section are	6210
hereby appropriated out of any moneys in the state treasury to the	6211
credit of the Ohio Parks and Natural Resources Fund (Fund 031)	6212
that are not otherwise appropriated.	6213

Appropriations

DNR DEPARTMENT OF NATURAL RESOURCES

6214

STATEWIDE AND LOCAL PROJECTS

6215

CAP-012		Land Acquisition		$	750,000		6216
CAP-051		Buck Creek State Park - Camp/Dock Renovations		$	25,000		6217
CAP-060		East Fork State Park Renovation		$	50,000		6218
CAP-080		Atwood Lake Conservancy District		$	75,000		6219
CAP-083		John Bryan State Park Shelter Construction		$	30,000		6220
CAP-084		Findley State Park General Improvements		$	12,500		6221
CAP-085		The Wilds Carnivore Center		$	1,000,000		6222
CAP-086		Scippo Creek Conservation		$	75,000		6223
CAP-087		Belpre City Swimming Pool		$	125,000		6224
CAP-705		Ohio-Erie Canal Tuscarawas River Logjam Removal		$	25,000		6225
CAP-748		Local Parks Projects - Statewide		$	2,511,079		6226
CAP-753		Project Planning		$	1,144,316		6227
CAP-881		Dam Rehabilitation		$	5,000,000		6228
CAP-931		Wastewater/Water Systems Upgrades		$	2,900,000		6229
Total Statewide and Local Projects				$	13,722,895		6230
Total Department of Natural Resources				$	13,722,895		6231
TOTAL Ohio Parks and Natural Resources Fund				$	13,722,895		6232

Section 20.02.  The Ohio Public Facilities Commission, upon	6234
the request of the Director of Natural Resources, is hereby	6235
authorized to issue and sell, in accordance with Section 2l of	6236
Article VIII, Ohio Constitution, and Chapter 151. and particularly	6237
sections 151.01 and 151.05 of the Revised Code, original	6238
obligations in an aggregate principal amount not to exceed	6239
$14,000,000 in addition to the original issuance of obligations	6240
heretofore authorized by prior acts of the General Assembly. These	6241
authorized obligations shall be issued, subject to applicable	6242
constitutional and statutory limitations, as needed to provide	6243
sufficient moneys to the credit of the Ohio Parks and Natural	6244
Resources Fund (Fund 031) to pay costs of capital facilities as	6245
defined in sections 151.01 and 151.05 of the Revised Code.	6246

Section 20.03.  For the projects appropriated in Section	6247
20.01 of this act, the Department of Natural Resources shall	6248
periodically prepare and submit to the Director of Budget and	6249
Management the estimated design, planning, and engineering costs	6250
of capital-related work to be done by the Department of Natural	6251
Resources for each project. Based on the estimates, the Director	6252
of Budget and Management may release appropriations from the	6253
foregoing appropriation item CAP-753, Project Planning, to pay for	6254
design, planning, and engineering costs incurred by the Department	6255
of Natural Resources for such projects. Upon release of the	6256
appropriations by the Director of Budget and Management, the	6257
Department of Natural Resources shall pay for these expenses from	6258
the Capital Expenses Fund (Fund 4S9), and be reimbursed by Fund	6259
031 using an intrastate voucher.	6260

Section 21.01. All items set forth in this section are hereby	6261
appropriated out of any moneys in the state treasury to the credit	6262
of the School Building Program Assistance Fund (Fund 032) that are	6263
not otherwise appropriated.	6264

Appropriations

SFC SCHOOL FACILITIES COMMISSION

6265

CAP-770		School Building Program Assistance		$	541,600,000		6266
Total School Facilities Commission				$	541,600,000		6267
TOTAL School Building Program Assistance Fund				$	541,600,000		6268

SCHOOL BUILDING PROGRAM ASSISTANCE

6269

The foregoing appropriation item CAP-770, School Building	6270
Program Assistance, shall be used by the School Facilities	6271
Commission to provide funding to school districts that receive	6272
conditional approval from the Commission pursuant to Chapter 3318.	6273
of the Revised Code.	6274

Section 21.02.  The Ohio Public Facilities Commission is	6275
hereby authorized to issue and sell, in accordance with Section 2n	6276
of Article VIII, Ohio Constitution, and Chapter 151. and	6277
particularly sections 151.01 and 151.03 of the Revised Code,	6278
original obligations in an aggregate principal amount not to	6279
exceed $530,000,000, in addition to the original issuance of	6280
obligations heretofore authorized by prior acts of the General	6281
Assembly. The authorized obligations shall be issued, subject to	6282
applicable constitutional and statutory limitations, to pay the	6283
costs to the state of constructing classroom facilities pursuant	6284
to sections 3318.01 to 3318.35 of the Revised Code.	6285

Section 22.01.  All items set forth in Sections 22.02 to	6286
22.05 are hereby appropriated out of any moneys in the state	6287
treasury to the credit of the Mental Health Facilities Improvement	6288
Fund (Fund 033) that are not otherwise appropriated.	6289

Section 22.02. ADA DEPARTMENT OF ALCOHOL AND DRUG ADDICTION	6290
SERVICES	6291

CAP-002		Community Assistance Projects		$	100,000		6292
Total Department of Alcohol and Drug Addiction Services				$	100,000		6293

COMMUNITY ASSISTANCE PROJECTS

6294

Of the foregoing appropriation item CAP-002, Community	6295
Assistance Projects, $100,000 shall be used for the Stella Maris	6296
Community Recovery Center.	6297

Appropriations

Section 22.03.  DMH DEPARTMENT OF MENTAL HEALTH

6298

CAP-479		Community Assistance Projects		$	1,800,000		6299
CAP-978		Infrastructure Improvements		$	8,050,000		6300
CAP-989		Cleveland Christian Home		$	100,000		6301
Total Department of Mental Health				$	9,950,000		6302

COMMUNITY ASSISTANCE PROJECTS

6303

Of the foregoing appropriation item CAP-479, Community	6304
Assistance Projects, $200,000 shall be used for the Center for	6305
Families and Children and $100,000 shall be used for the Berea	6306
Children's Home.	6307

Appropriations

Section 22.04.  DMR DEPARTMENT OF MENTAL RETARDATION AND	6308
DEVELOPMENTAL DISABILITIES	6309

STATEWIDE AND CENTRAL OFFICE PROJECTS

6310

CAP-480		Community Assistance Projects		$	9,475,000		6311
CAP-955		Statewide Development Centers		$	3,257,257		6312
Total Statewide and Central Office Projects				$	12,732,257		6313
TOTAL Department of Mental Retardation and Developmental Disabilities				$	12,732,257		6314
TOTAL MENTAL HEALTH FACILITIES IMPROVEMENT FUND				$	22,782,257		6315

COMMUNITY ASSISTANCE PROJECTS

6316

The foregoing appropriation item CAP-480, Community	6317
Assistance Projects, may be used to provide community assistance	6318
funds for the development, purchase, construction, or renovation	6319
of facilities for day programs or residential programs that	6320
provide services to persons eligible for services from the	6321
Department of Mental Retardation and Developmental Disabilities or	6322
county boards of mental retardation and developmental	6323
disabilities. Any funds provided to nonprofit agencies for the	6324
construction or renovation of facilities for persons eligible for	6325
services from the Department of Mental Retardation and	6326
Developmental Disabilities and county boards of mental retardation	6327
and developmental disabilities shall be governed by the prevailing	6328
wage provisions in section 176.05 of the Revised Code.	6329

Of the foregoing appropriation item CAP-480, $200,000 shall	6330
be used for the Achievement Centers for Children; $250,000 shall	6331
be used for Bellefaire Jewish Children's Bureau; $250,000 shall be	6332
used for the Julie Billart facility; and $75,000 shall be used for	6333
the Hanson Home.	6334

Section 22.05. The foregoing appropriations for the	6335
Department of Mental Health, CAP-479, Community Assistance	6336
Projects; and Department of Mental Retardation and Developmental	6337
Disabilities, CAP-480, Community Assistance Projects, may be used	6338
on facilities constructed or to be constructed pursuant to Chapter	6339
340., 3793., 5119., 5123., or 5126. of the Revised Code or the	6340
authority granted by section 154.20 of the Revised Code and the	6341
rules issued pursuant to those chapters and shall be distributed	6342
by the Department of Mental Health and the Department of Mental	6343
Retardation and Developmental Disabilities, all subject to	6344
Controlling Board approval.	6345

Section 22.06.  (A) No capital improvement appropriations	6346
made in Sections 22.01 to 22.05 of this act shall be released for	6347
planning or for improvement, renovation, or construction or	6348
acquisition of capital facilities if a governmental agency, as	6349
defined in section 154.01 of the Revised Code, does not own the	6350
real property that constitutes the capital facilities or on which	6351
the capital facilities are or will be located. This restriction	6352
shall not apply in any of the following circumstances:	6353

(1) The governmental agency has a long-term (at least fifteen	6354
years) lease of, or other interest (such as an easement) in, the	6355
real property.	6356

(2) In the case of an appropriation for capital facilities	6357
that, because of their unique nature or location, will be owned or	6358
be part of facilities owned by a separate nonprofit organization	6359
and made available to the governmental agency for its use or	6360
operated by the nonprofit organization under contract with the	6361
governmental agency, the nonprofit organization either owns or has	6362
a long-term (at least fifteen years) lease of the real property or	6363
other capital facility to be improved, renovated, constructed, or	6364
acquired and has entered into a joint or cooperative use	6365
agreement, approved by the Department of Mental Health or the	6366
Department of Mental Retardation and Developmental Disabilities,	6367
whichever is applicable, with the governmental agency for that	6368
agency's use of and right to use the capital facilities to be	6369
financed and, if applicable, improved, the value of such use or	6370
right to use being, as determined by the parties, reasonably	6371
related to the amount of the appropriation.	6372

(B) In the case of capital facilities referred to in division	6373
(A)(2) of this section, the joint or cooperative use agreement	6374
shall include, as a minimum, provisions that:	6375

(1) Specify the extent and nature of that joint or	6376
cooperative use, extending for not fewer than fifteen years, with	6377
the value of such use or right to use to be, as determined by the	6378
parties and approved by the approving department, reasonably	6379
related to the amount of the appropriation;	6380

(2) Provide for pro rata reimbursement to the state should	6381
the arrangement for joint or cooperative use by a governmental	6382
agency be terminated;	6383

(3) Provide that procedures to be followed during the capital	6384
improvement process will comply with appropriate applicable state	6385
laws and rules, including provisions of this act.	6386

Section 22.07.  The Treasurer of State is hereby authorized	6387
to issue and sell in accordance with Section 2i of Article VIII,	6388
Ohio Constitution, and Chapter 154. of the Revised Code,	6389
particularly section 154.20 of the Revised Code, original	6390
obligations in an aggregate principal amount not to exceed	6391
$20,000,000 in addition to the original issuance of obligations	6392
heretofore authorized by prior acts of the General Assembly. The	6393
authorized obligations shall be issued, subject to applicable	6394
constitutional and statutory limitations, to pay costs of capital	6395
facilities as defined in section 154.01 of the Revised Code for	6396
mental hygiene and retardation.	6397

Section 23.01.  All items set forth in Sections 23.02 to	6398
23.45 are hereby appropriated out of any moneys in the state	6399
treasury to the credit of the Higher Education Improvement Fund	6400
(Fund 034) that are not otherwise appropriated.	6401

Appropriations

Section 23.02.  OEB OHIO EDUCATIONAL TELECOMMUNICATIONS	6402
NETWORK COMMISSION	6403

CAP-001		Educational TV and Radio Equipment		$	1,027,038		6405
Total Ohio Educational Telecommunications							6406
Network Commission				$	1,027,038		6407

Appropriations

Section 23.03. BOARD OF REGENTS AND STATE INSTITUTIONS OF	6409
HIGHER EDUCATION	6410

BOR BOARD OF REGENTS

6411

CAP-025		Instructional and Data Processing Equipment		$	28,268,395		6412
CAP-029		Ohio Library and Information Network		$	8,100,000		6413
CAP-030		Ohio Supercomputer Center Expansion		$	6,750,000		6414
CAP-032		Research Facility Action and Investment Funds		$	5,000,000		6415
CAP-064		Eminent Scholars Capital Grants		$	900,000		6416
CAP-068		Third Frontier		$	50,000,000		6417
CAP-070		Dark Fiber		$	4,500,000		6418
CAP-072		Cleveland Clinic Heart Center Infrastructure Project		$	5,000,000		6419
CAP-076		OSU Agricultural Building		$	1,500,000		6420
CAP-077		Center for Structural Biology at Case Western Reserve University		$	1,000,000		6421
CAP-078		One Cleveland Broadband Network		$	500,000		6422
CAP-079		Central Ohio Technology Corridor - Dublin		$	500,000		6423
CAP-080		Ohio State University Supercomputer Center Aerospace & Defense Initiative		$	50,000		6424
CAP-081		Youngstown Market Ready Incubator		$	750,000		6425
Total Board of Regents				$	112,818,395		6426

Section 23.04. RESEARCH FACILITY ACTION AND INVESTMENT FUNDS

6428

The foregoing appropriation item CAP-032, Research Facility	6429
Action and Investment Funds, shall be used for a program of grants	6430
to be administered by the Board of Regents to provide timely	6431
availability of capital facilities for research programs and	6432
research-oriented instructional programs at or involving	6433
state-supported and state-assisted institutions of higher	6434
education.	6435

The Board of Regents shall adopt rules under Chapter 119. of	6436
the Revised Code relative to the application for and approval of	6437
projects funded from appropriation item CAP-032, Research Facility	6438
Action and Investment Funds. The rules shall be reviewed and	6439
approved by the Legislative Committee on Education Oversight. The	6440
Board of Regents shall inform the President of the Senate and the	6441
Speaker of the House of Representatives of each project	6442
application for funding received. Each project receiving a	6443
commitment for funding by the Board of Regents under the rules	6444
shall be reported to the President of the Senate and the Speaker	6445
of the House of Representatives.	6446

Section 23.05. EMINENT SCHOLARS CAPITAL GRANTS

6447

The foregoing appropriation item CAP-064, Eminent Scholars	6448
Capital Grants, shall be used by the Ohio Board of Regents to make	6449
grants to state colleges and universities and nonprofit Ohio	6450
institutions of higher education holding certificates of	6451
authorization issued under section 1713.02 of the Revised Code	6452
that receive endowment grants from appropriation item 235-451,	6453
Eminent Scholars. The capital grants shall be used to acquire,	6454
renovate, rehabilitate, or construct facilities and purchase	6455
equipment to be used by an Eminent Scholar in the conduct of	6456
research, and shall require a 50 per cent match from recipient	6457
campuses.	6458

The Board of Regents shall convene an Eminent Scholars	6459
Advisory Panel, which shall make recommendations for the	6460
administration of the Eminent Scholars program, including the	6461
award of capital grants. The panel's recommendations for capital	6462
awards from appropriation item CAP-064, Eminent Scholars Capital	6463
Grants, shall require the approval of the Board of Regents.	6464

Section 23.06. THIRD FRONTIER

6465

The foregoing appropriation item CAP-068, Third Frontier,	6466
shall be used to acquire, renovate, or construct facilities and	6467
purchase equipment for research programs, technology development,	6468
product development, and commercialization programs at or	6469
involving state-supported and state-assisted institutions of	6470
higher education. The funds shall be used to make grants awarded	6471
on a competitive basis, and shall be administered by the Third	6472
Frontier Commission. Expenditure of these funds shall comply with	6473
Section 2n of Article VIII, Ohio Constitution, and sections 151.01	6474
and 151.04 of the Revised Code for the period beginning July 1,	6475
2004, and ending June 30, 2006.	6476

The Third Frontier Commission shall develop guidelines	6477
relative to the application for and selection of projects funded	6478
from appropriation item CAP-068, Third Frontier. The commission	6479
may develop these guidelines in consultation with other interested	6480
parties. The Board of Regents and all state-assisted and	6481
state-supported institutions of higher education shall take all	6482
actions necessary to implement grants awarded by the Third	6483
Frontier Commission.	6484

The foregoing appropriation item CAP-068, Third Frontier, for	6485
which an appropriation is made from the Higher Education	6486
Improvement Fund (Fund 034), is determined to consist of capital	6487
improvements and capital facilities for state-supported and	6488
state-assisted institutions of higher education, and is designated	6489
for the capital facilities to which proceeds of obligations in the	6490
Higher Education Improvement Fund (Fund 034) are to be applied.	6491

Section 23.07. REIMBURSEMENT FOR PROJECT COSTS

6492

Appropriations made in Sections 23.08 to 23.45 of this act	6493
for purposes of costs of capital facilities for the interim	6494
financing of which the particular institution has previously	6495
issued its own obligations anticipating the possibility of future	6496
state appropriations to pay all or a portion of such costs, as	6497
contemplated in division (B) of section 3345.12 of the Revised	6498
Code, shall be paid directly to the institution or the paying	6499
agent for those outstanding obligations in the full principal	6500
amount of those obligations then to be paid from the anticipated	6501
appropriation, and shall be timely applied to the retirement of a	6502
like principal amount of the institution's obligations.	6503

Appropriations made in Sections 23.08 to 23.45 of this act	6504
for purposes of costs of capital facilities, all or a portion of	6505
which costs the particular institution has paid from the	6506
institution's moneys that were temporarily available and which	6507
expenditures were reasonably expected at the time of the advance	6508
by the institution to be reimbursed from the proceeds of	6509
obligations issued by the state, shall be directly paid to the	6510
institution in the full amounts of those payments, and shall be	6511
timely applied to the reimbursement of those temporarily available	6512
moneys. All reimbursements are subject to review and approval	6513
through the capital release process.	6514

Appropriations

Section 23.08. UAK UNIVERSITY OF AKRON

6515

CAP-008		Basic Renovations		$	3,673,967		6516
CAP-047		Polsky Building		$	2,800,918		6517
CAP-049		Basic Renovations-Wayne		$	122,466		6518
CAP-054		Auburn West Tower Rehabilitation Phase II		$	8,316,562		6519
CAP-077		Leigh Hall Phase II		$	1,680,000		6520
CAP-113		Student & Administrative Services Building Phase II		$	905,464		6521
CAP-114		Facilities Enhancement Building H Phase II		$	628,277		6522
CAP-115		Medina County University Center		$	1,000,000		6523
Total University of Akron				$	19,127,654		6524

Appropriations

Section 23.09. BGU BOWLING GREEN STATE UNIVERSITY

6526

CAP-009		Basic Renovations		$	3,319,413		6527
CAP-060		Basic Renovations-Firelands		$	191,849		6528
CAP-112		Biology Laboratory Building Phase II		$	11,334,113		6529
CAP-126		Re-Roof East, West, and North Bldgs		$	600,000		6530
CAP-127		Instructional Laboratory Phase I		$	123,735		6531
CAP-128		Perrysburg Heights Multipurpose Facility		$	500,000		6532
CAP-129		Wood County Senior Kitchen Project		$	500,000		6533
Total Bowling Green University				$	16,569,110		6534

Appropriations

Section 23.10. CSU CENTRAL STATE UNIVERSITY

6536

CAP-022		Basic Renovations		$	739,133		6537
CAP-084		Academic Facility-Phase II		$	3,734,139		6538
Total Central State University				$	4,473,272		6539

Appropriations

Section 23.11. UCN UNIVERSITY OF CINCINNATI

6540

CAP-009		Basic Renovations		$	7,022,622		6541
CAP-018		Basic Renovations-Clermont		$	198,926		6542
CAP-054		Basic Renovations-Walters		$	336,439		6543
CAP-131		Cinergy Convention Center		$	2,500,000		6544
CAP-174		Classroom/Teaching Laboratory Renovations		$	3,280,000		6545
CAP-176		Network Expansion		$	1,820,000		6546
CAP-205		Medical Science Building		$	5,870,374		6547
CAP-209		Library Renovations		$	1,450,000		6548
CAP-224		Van Wormer Administrative Building Rehabilitation		$	2,632,000		6549
CAP-263		Swift Rehabilitation		$	9,000,000		6550
CAP-265		Rieveschl/Crosley Rehab/Expansion		$	619,579		6551
CAP-269		Raymond Walters Veterinary College		$	1,244,131		6552
CAP-313		Expand Clermont		$	657,770		6553
CAP-329		Uptown Consortium Renovation of Turner Place		$	250,000		6554
Total University of Cincinnati				$	36,881,841		6555

Appropriations

Section 23.12.  CLS CLEVELAND STATE UNIVERSITY

6557

CAP-023		Basic Renovations		$	3,267,875		6558
CAP-125		College of Education Building		$	8,057,262		6559
CAP-130		WVIZ Technology Center/Playhouse Square		$	750,000		6560
CAP-152		Rhodes Tower-Data Center Relocation		$	1,000,000		6561
CAP-153		University Annex-Vacation and Demolition		$	49,390		6562
CAP-154		Main Classroom Stair Tower & Entry		$	1,500,000		6563
CAP-155		Cleveland Playhouse		$	250,000		6564
CAP-156		Physical Education Building Rehabilitation		$	1,000,000		6565
Total Cleveland State University				$	15,874,527		6566

Appropriations

Section 23.13.  KSU KENT STATE UNIVERSITY

6568

CAP-022		Basic Renovations		$	3,573,078		6569
CAP-105		Basic Renovations-East Liverpool		$	151,408		6570
CAP-106		Basic Renovations-Geauga		$	45,607		6571
CAP-107		Basic Renovations-Salem		$	105,640		6572
CAP-108		Basic Renovations-Stark		$	325,358		6573
CAP-110		Basic Renovations-Ashtabula		$	177,801		6574
CAP-111		Basic Renovations-Trumbull		$	347,695		6575
CAP-112		Basic Renovations-Tuscarawas		$	171,699		6576
CAP-212		Health Science Building, Planning		$	705,720		6577
CAP-235		Rehabilitation of Franklin Hall		$	13,923,684		6578
CAP-260		Land Acquisitions & Improvements-East Liverpool		$	638,419		6579
CAP-261		Addition/Renovation of Classrooms-Geauga		$	246,878		6580
CAP-262		Gym Renovation Planning-Salem		$	490,213		6581
CAP-263		Parking Lot & Roadway Paving-Stark		$	162,076		6582
CAP-264		Fine Arts Building & New Campus Center-Stark		$	1,000,000		6583
CAP-265		Science Lab Addition-Trumbull		$	991,786		6584
CAP-266		Fine & Performing Arts Center - Tuscarawas		$	844,655		6585
CAP-267		Columbiana County Port Authority		$	875,000		6586
CAP-268		Canton Convention Center		$	735,000		6587
Total Kent State University				$	25,511,717		6588

Appropriations

Section 23.14. MUN MIAMI UNIVERSITY

6590

CAP-018		Basic Renovations		$	3,361,718		6591
CAP-066		Basic Renovations - Hamilton		$	338,149		6592
CAP-069		Basic Renovations - Middletown		$	342,582		6593
CAP-113		Academic/Administrative Renovation Projects - Hamilton		$	561,504		6594
CAP-127		Campus Steam Loop Connections		$	1,457,000		6595
CAP-142		Engineering & Applied Science Facility		$	3,200,000		6596
CAP-145		Campus Chilled Water Efficiency Upgrade		$	725,000		6597
CAP-146		Information Technology Systems Upgrade		$	1,201,284		6598
CAP-150		Student & Community Center		$	2,530,865		6599
CAP-157		Presser Hall Rehabilitation		$	3,015,740		6600
CAP-158		Psychology & Animal Care Facility		$	2,500,000		6601
Total Miami University				$	19,233,842		6602

Appropriations

Section 23.15. OSU OHIO STATE UNIVERSITY

6604

CAP-074		Basic Renovations		$	16,087,255		6605
CAP-149		Basic Renovations - Regional Campuses		$	1,364,700		6606
CAP-255		Supplemental Renovations - OARDC		$	1,563,997		6607
CAP-427		Morrill Hall - 1st Floor Rehabilitation		$	603,137		6608
CAP-486		Larkins Hall Addition and Rehabilitation		$	6,417,109		6609
CAP-487		Robinson Laboratory Replacement		$	24,200,000		6610
CAP-531		Plant & Animal Agrosecurity Research Facility		$	4,830,718		6611
CAP-534		Main Library Rehabilitation/Expansion		$	8,000,000		6612
CAP-535		Psychology Building		$	13,600,000		6613
CAP-701		OSU Cancer Program Expansion		$	2,000,000		6614
CAP-702		Smith Laboratory Rehabilitation		$	2,800,000		6615
CAP-704		Warner Library and Student Center		$	1,070,766		6616
CAP-705		Hopewell Hall Science Suite		$	508,408		6617
CAP-712		OSU Mansfield - Third Street Project		$	234,000		6618
Total Ohio State University				$	83,280,090		6619

Appropriations

Section 23.16. OHU OHIO UNIVERSITY

6621

CAP-020		Basic Renovations		$	4,359,577		6622
CAP-095		Basic Renovations - Eastern		$	161,266		6623
CAP-098		Basic Renovations - Lancaster		$	220,122		6624
CAP-099		Basic Renovations - Zanesville		$	208,065		6625
CAP-113		Basic Renovations - Chillicothe		$	191,356		6626
CAP-114		Basic Renovations - Ironton		$	109,277		6627
CAP-115		Bennett Hall Interior Renovation Phase II		$	101,793		6628
CAP-155		Brasee Hall Interior Renovations		$	835,520		6629
CAP-172		Elson Hall Renovation Phase III		$	909,284		6630
CAP-203		Classroom Improvements		$	50,000		6631
CAP-214		Science/Fine Arts Renovation Phase II		$	305,000		6632
CAP-216		Proctorville Planning and Site Improvements		$	448,831		6633
CAP-222		Clippinger Lab Planning		$	112,709		6634
CAP-223		Alden Library Planning		$	150,000		6635
CAP-224		University Center Replacement		$	11,390,000		6636
CAP-225		Lausche Heating Plant		$	4,800,000		6637
CAP-226		New Grounds Maintenance Building		$	259,064		6638
CAP-227		Chillicothe Parking & Roadway		$	480,000		6639
CAP-228		Shoemaker Center Air Conditioning		$	271,000		6640
CAP-230		Kettering Medical Center - Nixon Research Facility		$	450,000		6641
CAP-231		Supplemental Renovations - Ironton		$	100,000		6642
Total Ohio University				$	25,912,864		6643

Appropriations

Section 23.17. SSC SHAWNEE STATE UNIVERSITY

6645

CAP-004		Basic Renovations		$	792,535		6646
CAP-044		Land Acquisition		$	227,681		6647
CAP-051		Rhodes Center Rehabilitation		$	1,315,586		6648
Total Shawnee State University				$	2,335,802		6649

Appropriations

Section 23.18. UTO UNIVERSITY OF TOLEDO

6651

CAP-010		Basic Renovations		$	3,762,792		6652
CAP-105		Gillham Hall Rehabilitation		$	2,000,000		6653
CAP-122		Bowman-Oddy Instructional Labs		$	6,000,000		6654
CAP-123		Classrooms, Instructional & Research Labs, Program & Design		$	5,206,304		6655
Total University of Toledo				$	16,969,096		6656

Appropriations

Section 23.19. WSU WRIGHT STATE UNIVERSITY

6658

CAP-015		Basic Renovations		$	2,752,255		6659
CAP-064		Basic Renovations - Lake		$	91,232		6660
CAP-115		Russ Engineering Expansion		$	369,000		6661
CAP-116		Rike Hall Renovation		$	2,000,000		6662
CAP-119		Science Lab Renovations (Planning)		$	5,720,940		6663
CAP-120		Lake Campus University Center		$	1,420,709		6664
CAP-127		Rehabilitate Festival Playhouse		$	1,000,000		6665
CAP-128		Glenn Helen Preserve Eco Art Classroom		$	25,000		6666
Total Wright State University				$	13,379,136		6667

Appropriations

Section 23.20. YSU YOUNGSTOWN STATE UNIVERSITY

6669

CAP-014		Basic Renovations		$	2,355,915		6670
CAP-108		Youngstown Convocation Center		$	2,000,000		6671
CAP-113		Campus Development		$	2,095,731		6672
CAP-114		Steam Distribuition & Central Utility Plant Upgrade		$	500,000		6673
CAP-125		Campus-wide Building Systems Upgrades		$	743,040		6674
CAP-126		Technology Upgrades		$	2,267,081		6675
CAP-127		Recreation and Wellness Center		$	1,000,000		6676
CAP-131		Masonry Restoration		$	619,200		6677
Total Youngstown State University				$	11,580,967		6678

Appropriations

Section 23.21. MCO MEDICAL UNIVERSITY OF OHIO

6680

CAP-010		Basic Renovations		$	1,197,170		6681
CAP-066		Core Research Facility		$	2,000,000		6682
CAP-076		Supplemental Renovations		$	863,287		6683
CAP-078		Clinical Academic Renovation		$	585,949		6684
Total Medical University of Ohio				$	4,646,406		6685

Appropriations

Section 23.22. NEM NORTHEASTERN OHIO UNIVERSITIES COLLEGE OF	6687
MEDICINE	6688

CAP-018		Basic Renovations		$	426,790		6689
CAP-048		Rehabilitation of Multi-Disciplinary Laboratories		$	1,346,879		6690
Total Northeastern Ohio Universities College of Medicine				$	1,773,669		6691

Appropriations

Section 23.23. CTC CINCINNATI STATE COMMUNITY COLLEGE

6693

CAP-013		Basic Renovations		$	747,037		6694
CAP-030		Student Life and Education Center		$	2,865,422		6695
CAP-037		Classroom Technology Enhancements		$	792,372		6696

Total Cincinnati State Community College

$

4,404,831

6697

Appropriations

Section 23.24. CLT CLARK STATE COMMUNITY COLLEGE

6698

CAP-006		Basic Renovations		$	396,136		6699
CAP-039		Clark State Health and Education Center		$	100,000		6700
CAP-041		Student/Technology Center		$	1,270,607		6701
CAP-042		Springfield Second Harvest Foodbank Building		$	100,000		6702
CAP-043		Tecumseh Health and Education Center		$	100,000		6703
Total Clark State Community College				$	1,966,743		6704

Appropriations

Section 23.25. CTI COLUMBUS STATE COMMUNITY COLLEGE

6706

CAP-006		Basic Renovations		$	1,126,207		6707
CAP-052		Building E Construction		$	19,732,839		6708

Total Columbus State Community College

$

20,859,046

6709

Appropriations

Section 23.26. CCC CUYAHOGA COMMUNITY COLLEGE

6710

CAP-031		Basic Renovations		$	2,428,960		6711
CAP-079		Cleveland Art Museum Improvements		$	3,000,000		6712
CAP-094		Collegewide Wayfinding Signage System		$	1,067,510		6713
CAP-095		Collegewide Asset Protection and Building Codes Upgrade		$	1,491,522		6714
CAP-096		Health Care Technology Building - Eastern		$	6,050,264		6715

Total Cuyahoga Community College

$

14,038,256

6716

Appropriations

Section 23.27.  ESC EDISON STATE COMMUNITY COLLEGE

6717

CAP-006		Basic Renovations		$	268,039		6718
Total Edison State Community College				$	268,039		6719

Appropriations

Section 23.28.  JTC JEFFERSON COMMUNITY COLLEGE

6721

CAP-022		Basic Renovations		$	210,806		6722
CAP-043		Replacement of Administrative Hardware and Software System		$	320,860		6723
Total Jefferson Community College				$	531,666		6724

Appropriations

Section 23.29.  LCC LAKELAND COMMUNITY COLLEGE

6726

CAP-006		Basic Renovations		$	827,053		6727
CAP-045		Instructional Use Building		$	2,433,264		6728
Total Lakeland Community College				$	3,260,317		6729

Appropriations

Section 23.30.  LOR LORAIN COUNTY COMMUNITY COLLEGE

6731

CAP-005		Basic Renovations		$	937,172		6732
CAP-044		Learning Technology Center		$	8,857,919		6733
Total Lorain County Community College				$	9,795,091		6734

Appropriations

Section 23.31.  NTC NORTHWEST STATE COMMUNITY COLLEGE

6736

CAP-003		Basic Renovations		$	255,977		6737
CAP-022		Branch Campus Facility		$	400,000		6738
Total Northwest State Community College				$	655,977		6739

Appropriations

Section 23.32.  OTC OWENS COMMUNITY COLLEGE

6741

CAP-019		Basic Renovations		$	1,231,693		6742
CAP-039		Academic Services Building, Phase II - Findlay		$	3,160,268		6743
CAP-040		Fire and Police Training Site for Homeland Security, Phase II		$	1,000,000		6744
Total Owens Community College				$	5,391,961		6745

Appropriations

Section 23.33.  RGC RIO GRANDE COMMUNITY COLLEGE

6747

CAP-005		Basic Renovations		$	341,403		6748
CAP-025		Student Center		$	125,000		6749
CAP-026		Supplemental Renovations		$	200,000		6750
Total Rio Grande Community College				$	666,403		6751

Appropriations

Section 23.34.  SCC SINCLAIR COMMUNITY COLLEGE

6753

CAP-007		Basic Renovations		$	1,860,925		6754
CAP-059		National Composite Center		$	2,000,000		6755
Total Sinclair Community College				$	3,860,925		6756

Appropriations

Section 23.35.  SOC SOUTHERN STATE COMMUNITY COLLEGE

6758

CAP-010		Basic Renovations		$	250,644		6759
CAP-011		Supplemental Renovations		$	100,000		6760
Total Southern State Community College				$	350,644		6761

Appropriations

Section 23.36.  TTC TERRA STATE COMMUNITY COLLEGE

6763

CAP-009		Basic Renovations		$	287,915		6764
CAP-020		New Health and Science Building		$	2,967,947		6765
Total Terra State Community College				$	3,255,862		6766

Appropriations

Section 23.37.  WTC WASHINGTON STATE COMMUNITY COLLEGE

6768

CAP-006		Basic Renovations		$	231,224		6769
Total Washington State Community College				$	231,224		6770

Appropriations

Section 23.38.  BTC BELMONT TECHNICAL COLLEGE

6772

CAP-008		Basic Renovations		$	194,718		6773
Total Belmont Technical College				$	194,718		6774

Appropriations

Section 23.39.  COT CENTRAL OHIO TECHNICAL COLLEGE

6776

CAP-003		Basic Renovations		$	165,714		6777
CAP-012		Warner Library and Student Center		$	718,558		6778
CAP-013		Hopewell Hall Science Suite		$	354,765		6779
CAP-014		Founders Hopewell Halls		$	5,158		6780
Total Central Ohio Technical College				$	1,244,195		6781

Appropriations

Section 23.40.  HTC HOCKING TECHNICAL COLLEGE

6783

CAP-019		Basic Renovations		$	425,525		6784
CAP-042		McClenaghan Center for Hospitality Training		$	1,283,437		6785
CAP-044		Hocking College Fire and Emergency Training Center		$	250,000		6786
Total Hocking Technical College				$	1,958,962		6787

Appropriations

Section 23.41.  LTC JAMES RHODES STATE COLLEGE

6789

CAP-004		Basic Renovations		$	271,100		6790
Total James Rhodes State College				$	271,100		6791

Appropriations

Section 23.42.  MTC MARION TECHNICAL COLLEGE

6793

CAP-004		Basic Renovations		$	103,485		6794
Total Marion Technical College				$	103,485		6795

Appropriations

Section 23.43.  MAT ZANE STATE COLLEGE

6797

CAP-007		Basic Renovations		$	253,769		6798
CAP-021		Lighting/HVAC Replacement		$	547,039		6799
CAP-022		Improve Campus Entrance		$	175,000		6800
Total Zane State College				$	975,808		6801

Appropriations

Section 23.44.  NCC NORTH CENTRAL TECHNICAL COLLEGE

6803

CAP-003		Basic Renovations		$	384,097		6804
CAP-014		Kee Hall Roof Rehabilitation		$	509,000		6805
CAP-015		Richland/Braintree Incubator		$	250,000		6806
CAP-018		Fallerius Renovation Phase II		$	480,073		6807
Total North Central Technical College				$	1,623,170		6808

Appropriations

Section 23.45. STC STARK TECHNICAL COLLEGE

6810

CAP-004		Basic Renovations		$	438,295		6811
CAP-035		Business Technologies Addition Rehabilitation		$	1,378,892		6812
CAP-037		Fuel Cell Initiative		$	250,000		6813
Total Stark Technical College				$	2,067,187		6814
Total Board of Regents and State							6815
Institutions of Higher Education				$	488,343,998		6816
TOTAL Higher Education Improvement Fund				$	489,371,036		6817

Section 23.46.  DEBT SERVICE FORMULA ALLOCATION

6819

Based on the foregoing appropriations in Sections 23.08 to	6820
23.45 of this act, from Fund 034, Higher Education Improvement	6821
Fund, the following higher education institutions shall be	6822
responsible for the specified amounts as part of the debt service	6823
component of the instructional subsidy beginning in fiscal year	6824
2006:	6825

INSTITUTION			AMOUNT		6826
University of Akron		$	13,702,944		6827
University of Akron - Wayne		$	628,277		6828
Bowling Green State University		$	11,334,113		6829
Bowling Green State University - Firelands		$	723,735		6830
Central State University		$	1,734,139		6831
University of Cincinnati		$	24,671,953		6832
University of Cincinnati - Clermont		$	657,770		6833
University of Cincinnati - Walters		$	1,244,131		6834
Cleveland State University		$	11,606,653		6835
Kent State University		$	13,923,684		6836
Kent State University - Ashtabula		$	705,720		6837
Kent State University - East Liverpool		$	638,419		6838
Kent State University - Geauga		$	246,878		6839
Kent State University - Salem		$	490,213		6840
Kent State University - Stark		$	1,162,076		6841
Kent State University - Trumbull		$	991,786		6842
Kent State University - Tuscarawas		$	844,655		6843
Miami University		$	12,099,024		6844
Miami University - Hamilton		$	561,504		6845
Miami University - Middletown		$	2,530,865		6846
Ohio State University		$	57,017,109		6847
Ohio State University - Marion		$	603,137		6848
Ohio State University - Newark		$	1,579,174		6849
Ohio State University - OARDC		$	4,830,718		6850
Ohio University		$	16,502,709		6851
Ohio University - Eastern		$	564,064		6852
Ohio University - Chillicothe		$	852,793		6853
Ohio University - Southern		$	448,831		6854
Ohio University - Lancaster		$	835,520		6855
Ohio University - Zanesville		$	909,284		6856
Shawnee State University		$	1,543,267		6857
University of Toledo		$	13,206,304		6858
Wright State University		$	9,089,940		6859
Wright State University - Lake		$	1,420,709		6860
Youngstown State University		$	7,225,052		6861
Medical University of Ohio		$	3,449,236		6862
Northeastern Ohio Universities College of Medicine		$	1,346,879		6863
Cincinnati State Community College		$	3,657,795		6864
Clark State Community College		$	1,270,607		6865
Columbus State Community College		$	5,360,556		6866
Cuyahoga Community College		$	8,609,295		6867
Jefferson Community College		$	320,860		6868
Lakeland Community College		$	2,433,264		6869
Lorain County Community College		$	8,857,919		6870
Owens Community College		$	4,160,268		6871
Terra State Community College		$	2,967,947		6872
Central Ohio Technical College		$	1,078,481		6873
Hocking Technical College		$	1,283,437		6874
Zane State College		$	722,040		6875
North Central Technical College		$	989,073		6876
Stark Technical College		$	1,378,892		6877

Institutions not listed above shall not have a debt service	6878
obligation as a result of these appropriations.	6879

Within sixty days after the effective date of this section,	6880
any institution of higher education may notify the Board of	6881
Regents of its intention not to proceed with any project	6882
appropriated in this act. Upon receiving such notification, the	6883
Board of Regents may release the institution from its debt service	6884
obligation for the specific project.	6885

Section 23.47.  For all of the foregoing appropriation items	6886
from the Higher Education Improvement Fund (Fund 034) that require	6887
local funds to be contributed by any state-supported or	6888
state-assisted institution of higher education, the Ohio Board of	6889
Regents shall not recommend that any funds be released until the	6890
recipient institution demonstrates to the Board of Regents and the	6891
Office of Budget and Management that the local funds contribution	6892
requirement has been secured or satisfied. The local funds shall	6893
be in addition to the foregoing appropriations.	6894

Section 23.48.  The Ohio Public Facilities Commission is	6895
hereby authorized to issue and sell, in accordance with Section 2n	6896
of Article VIII, Ohio Constitution, Chapter 151. and particularly	6897
sections 151.01 and 151.04 of the Revised Code, original	6898
obligations in an aggregate principal amount not to exceed	6899
$476,000,000, in addition to the original issuance of obligations	6900
heretofore authorized by prior acts of the General Assembly. The	6901
authorized obligations shall be issued, subject to applicable	6902
constitutional and statutory limitations, to pay costs of capital	6903
facilities as defined in sections 151.01 and 151.04 of the Revised	6904
Code for state-supported and state-assisted institutions of higher	6905
education.	6906

Section 23.49.  None of the foregoing capital improvements	6907
appropriations for state-supported or state-assisted institutions	6908
of higher education shall be expended until the particular	6909
appropriation has been recommended for release by the Ohio Board	6910
of Regents and released by the Director of Budget and Management	6911
or the Controlling Board. Either the institution concerned, or the	6912
Ohio Board of Regents with the concurrence of the institution	6913
concerned, may initiate the request to the Director of Budget and	6914
Management or the Controlling Board for the release of the	6915
particular appropriations.	6916

Section 23.50.  (A) No capital improvement appropriations	6917
made in Sections 23.02 to 23.45 of this act shall be released for	6918
planning or for improvement, renovation, construction, or	6919
acquisition of capital facilities if the institution of higher	6920
education or the state does not own the real property on which the	6921
capital facilities are or will be located. This restriction does	6922
not apply in any of the following circumstances:	6923

(1) The institution has a long-term (at least fifteen years)	6924
lease of, or other interest (such as an easement) in, the real	6925
property.	6926

(2) The Ohio Board of Regents certifies to the Controlling	6927
Board that undue delay will occur if planning does not proceed	6928
while the property or property interest acquisition process	6929
continues. In this case, funds may be released upon approval of	6930
the Controlling Board to pay for planning through the development	6931
of schematic drawings only.	6932

(3) In the case of an appropriation for capital facilities	6933
that, because of their unique nature or location, will be owned or	6934
will be part of facilities owned by a separate nonprofit	6935
organization or public body and will be made available to the	6936
institution of higher education for its use, the nonprofit	6937
organization or public body either owns or has a long-term (at	6938
least fifteen years) lease of the real property or other capital	6939
facility to be improved, renovated, constructed, or acquired and	6940
has entered into a joint or cooperative use agreement with the	6941
institution of higher education that meets the requirements of	6942
division (C) of this section.	6943

(B) Any foregoing appropriations which require cooperation	6944
between a technical college and a branch campus of a university	6945
may be released by the Controlling Board upon recommendation by	6946
the Ohio Board of Regents that the facilities proposed by the	6947
institutions are:	6948

(1) The result of a joint planning effort by the university	6949
and the technical college, satisfactory to the Ohio Board of	6950
Regents;	6951

(2) Facilities that will meet the needs of the region in	6952
terms of technical and general education, taking into	6953
consideration the totality of facilities which will be available	6954
after the completion of these projects;	6955

(3) Planned to permit maximum joint use by the university and	6956
technical college of the totality of facilities which will be	6957
available upon their completion; and	6958

(4) To be located on or adjacent to the branch campus of the	6959
university.	6960

(C) The Ohio Board of Regents shall adopt rules regarding the	6961
release of moneys from all the foregoing appropriations for	6962
capital facilities for all state-supported or state-assisted	6963
institutions of higher education. In the case of capital	6964
facilities referred to in division (A)(3) of this section, the	6965
joint or cooperative use agreements shall include, as a minimum,	6966
provisions that:	6967

(1) Specify the extent and nature of that joint or	6968
cooperative use, extending for not fewer than fifteen years, with	6969
the value of such use or right to use to be, as to be determined	6970
by the parties and approved by the Board of Regents, reasonably	6971
related to the amount of the appropriations;	6972

(2) Provide for pro rata reimbursement to the state should	6973
the arrangement for joint or cooperative use be terminated;	6974

(3) Provide that procedures to be followed during the capital	6975
improvement process will comply with appropriate applicable state	6976
laws and rules, including provisions of this act; and	6977

(4) Provide for payment or reimbursement to the institution	6978
of its administrative costs incurred as a result of the facilities	6979
project, not to exceed 1.5 per cent of the appropriated amount.	6980

(D) Upon the recommendation of the Ohio Board of Regents, the	6981
Controlling Board may approve the transfer of appropriations for	6982
projects requiring cooperation between institutions from one	6983
institution to another institution with the approval of both	6984
institutions.	6985

(E) Notwithstanding section 127.14 of the Revised Code, the	6986
Controlling Board, upon the recommendation of the Ohio Board of	6987
Regents, may transfer amounts appropriated to the Ohio Board of	6988
Regents to accounts of state-supported or state-assisted	6989
institutions created for that same purpose.	6990

Section 23.51.  The requirements of Chapters 123. and 153. of	6991
the Revised Code, with respect to the powers and duties of the	6992
Director of Administrative Services, and the requirements of	6993
section 127.16 of the Revised Code, with respect to the	6994
Controlling Board, shall not apply to projects of community	6995
college districts, which include Cuyahoga Community College,	6996
Jefferson Community College, Lakeland Community College, Lorain	6997
County Community College, Rio Grande Community College, and	6998
Sinclair Community College; and technical college districts which	6999
include Belmont Technical College, Central Ohio Technical College,	7000
Hocking Technical College, James Rhodes State College, Marion	7001
Technical College, Zane State College, North Central Technical	7002
College, and Stark Technical College.	7003

Section 23.52.  Those institutions locally administering	7004
capital improvement projects pursuant to section 3345.50 of the	7005
Revised Code may:	7006

(A) Establish charges for recovering costs directly related	7007
to project administration as defined by the Director of	7008
Administrative Services. The Department of Administrative Services	7009
shall review and approve these administrative charges when such	7010
charges are in excess of 1.5 per cent of the total construction	7011
budget.	7012

(B) Seek reimbursement from state capital appropriations to	7013
the institution for the in-house design services performed by the	7014
institution for such capital projects. Acceptable charges shall be	7015
limited to design document preparation work that is done by the	7016
institution. These reimbursable design costs shall be shown as	7017
"A/E fees" within the project's budget that is submitted to the	7018
Controlling Board or the Director of Budget and Management as part	7019
of a request for release of funds. The reimbursement for in-house	7020
design shall not exceed seven per cent of the estimated	7021
construction cost.	7022

Section 24.01. All items set forth in this section are hereby	7023
appropriated out of any moneys in the state treasury to the credit	7024
of the Parks and Recreation Improvement Fund (Fund 035) that are	7025
not otherwise appropriated.	7026

Appropriations

DNR DEPARTMENT OF NATURAL RESOURCES

7027

CAP-004		Burr Oak Lodge		$	150,000		7028
CAP-012		Land Acquisition		$	243,663		7029
CAP-088		Muskingum River Lock and Dam		$	250,000		7030
CAP-234		State Park Campgrounds, Cabins, and Lodges		$	2,712,500		7031
CAP-331		Park Boating Facilities		$	7,588,383		7032
CAP-701		Buckeye Lake State Park - Dam Rehabilitation		$	4,000,000		7033
CAP-718		Grand Lake St. Mary's State Park Erosion Control Project		$	450,000		7034
CAP-748		Local Park Projects		$	2,715,000		7035
CAP-753		Project Planning		$	175,000		7036
CAP-848		Hazardous Dam Repair - Statewide		$	1,325,000		7037
CAP-876		Statewide Trails		$	1,101,500		7038
CAP-931		Statewide Wastewater/Water Systems Upgrade		$	2,500,000		7039
Total Department of Natural Resources				$	23,211,046		7040
TOTAL Parks and Recreation Improvement Fund				$	23,211,046		7041

FEDERAL REIMBURSEMENT

7042

All reimbursements received from the federal government for	7043
any expenditures made pursuant to this section shall be deposited	7044
in the state treasury to the credit of the Parks and Recreation	7045
Improvement Fund (Fund 035).	7046

LOCAL PARKS PROJECTS

7047

Of the foregoing appropriation item CAP-748, Local Parks	7048
Projects, $75,000 shall be used for the Springfield Arts Veterans'	7049
Park; $50,000 shall be used for the Village of Bentleyville Park;	7050
$25,000 shall be used for the Cleveland Police and Firefighters	7051
Memorial Park; $100,000 shall be used for the Parma Heights	7052
Greenbriar Park; $125,000 shall be used for the Fairborn Park	7053
Entrance Project; $250,000 shall be used for the Greene County	7054
Soccer Park; $750,000 shall be used for the Banks Park; $400,000	7055
shall be used for the Colerain Township Park Improvements;	7056
$200,000 shall be used for the Colerain Township Heritage Park;	7057
$75,000 shall be used for the London Park Project; $50,000 shall	7058
be used for Somerset Park Improvements; $50,000 shall be used for	7059
Meadowbrook Park; $25,000 shall be used for Early Hill Park;	7060
$25,000 shall be used for the Wright-Flyer Aviation Park; $200,000	7061
shall be used for Madison Township Park; $10,000 shall be used for	7062
the Wellington Soccer Field Park; $10,000 shall be used for the	7063
Greenwich Township Baseball Field Park Improvements; $20,000 shall	7064
be used for the City of London Sports Park; $25,000 shall be used	7065
for the Pleasant Hill Park Ball Field Project; and $250,000 shall	7066
be used for the Education Gateway at Sippo Lake Park.	7067

STATEWIDE TRAILS PROGRAM

7068

Of the foregoing appropriation item CAP-876, Statewide	7069
Trails, $85,000 shall be used for the Williamsburg-Batavia	7070
hike/bike trail; $16,500 shall be used for the South Milford Road	7071
Bike Trail Project; $125,000 shall be used for the Tri-County	7072
Triangle Trail in Fayette county; $100,00 shall be used for the	7073
Tri-County Triangle Trail in Highland County; $125,000 shall be	7074
used for the Tri-County Triangle Trail in Ross county; $550,000	7075
shall be used for the Camp Chase Ohio to Erie Trail; and $100,000	7076
shall be used for the Holmes County Park District - Rails to	7077
Trails.	7078

Section 24.02. For the appropriations in Section 24.01 of	7079
this act, the Department of Natural Resources shall periodically	7080
prepare and submit to the Director of Budget and Management the	7081
estimated design, planning, and engineering costs of	7082
capital-related work to be done by the Department of Natural	7083
Resources for each project. Based on the estimates, the Director	7084
of Budget and Management may release appropriations from the	7085
foregoing appropriation item CAP-753, Project Planning, within the	7086
Parks and Recreation Improvement Fund (Fund 035), to pay for	7087
design, planning, and engineering costs incurred by the Department	7088
of Natural Resources for the projects. Upon release of the	7089
appropriations by the Director of Budget and Management, the	7090
Department of Natural Resources shall pay for these expenses from	7091
the Parks Capital Expenses Fund (Fund 227), and be reimbursed by	7092
the Parks and Recreation Improvement Fund (Fund 035) using an	7093
intrastate voucher.	7094

Section 24.03.  The Treasurer of State is hereby authorized	7095
to issue and sell, in accordance with Section 2i of Article VIII,	7096
Ohio Constitution, and Chapter 154. of the Revised Code,	7097
particularly section 154.22 of the Revised Code, original	7098
obligations in an aggregate principal amount not to exceed	7099
$22,000,000, in addition to the original issuance of obligations	7100
heretofore authorized by prior acts of the General Assembly. The	7101
authorized obligations shall be issued, subject to applicable	7102
constitutional and statutory limitations, to pay the costs of	7103
capital facilities for parks and recreation as defined in section	7104
154.01 of the Revised Code.	7105

Section 24.04.  (A) No capital improvement appropriations	7106
made in Section 24.01 of this act shall be released for planning	7107
or for improvement, renovation, or construction or acquisition of	7108
capital facilities if a governmental agency, as defined in section	7109
154.01 of the Revised Code, does not own the real property that	7110
constitutes the capital facilities or on which the capital	7111
facilities are or will be located. This restriction does not apply	7112
in any of the following circumstances:	7113

(1) The governmental agency has a long-term (at least fifteen	7114
years) lease of, or other interest (such as an easement) in, the	7115
real property.	7116

(2) In the case of an appropriation for capital facilities	7117
for parks and recreation that, because of their unique nature or	7118
location, will be owned or be part of facilities owned by a	7119
separate nonprofit organization and made available to the	7120
governmental agency for its use or operated by the nonprofit	7121
organization under contract with the governmental agency, the	7122
nonprofit organization either owns or has a long-term (at least	7123
fifteen years) lease of the real property or other capital	7124
facility to be improved, renovated, constructed, or acquired and	7125
has entered into a joint or cooperative use agreement, approved by	7126
the Department of Natural Resources, with the governmental agency	7127
for that agency's use of and right to use the capital facilities	7128
to be financed and, if applicable, improved, the value of such use	7129
or right to use being, as determined by the parties, reasonably	7130
related to the amount of the appropriation.	7131

(B) In the case of capital facilities referred to in division	7132
(A)(2) of this section, the joint or cooperative use agreement	7133
shall include, as a minimum, provisions that:	7134

(1) Specify the extent and nature of that joint or	7135
cooperative use, extending for not fewer than fifteen years, with	7136
the value of such use or right to use to be, as determined by the	7137
parties and approved by the approving department, reasonably	7138
related to the amount of the appropriation;	7139

(2) Provide for pro rata reimbursement to the state should	7140
the arrangement for joint or cooperative use by a governmental	7141
agency be terminated; and	7142

(3) Provide that procedures to be followed during the capital	7143
improvement process will comply with appropriate applicable state	7144
laws and rules, including provisions of this act.	7145

Section 25.01. All items set forth in this section are hereby	7146
appropriated out of any moneys in the state treasury to the credit	7147
of the State Capital Improvements Fund (Fund 038) that are not	7148
otherwise appropriated.	7149

Appropriations

PWC PUBLIC WORKS COMMISSION

7150

CAP-150		Local Public Infrastructure		$	120,000,000		7151
Total Public Works Commission				$	120,000,000		7152
TOTAL State Capital Improvements Fund				$	120,000,000		7153

The foregoing appropriation item CAP-150, Local Public	7154
Infrastructure, shall be used in accordance with sections 164.01	7155
to 164.12 of the Revised Code. The Director of the Public Works	7156
Commission may certify to the Director of Budget and Management	7157
that a need exists to appropriate investment earnings to be used	7158
in accordance with sections 164.01 to 164.12 of the Revised Code.	7159
If the Director of Budget and Management determines pursuant to	7160
division (D) of section 164.08 and section 164.12 of the Revised	7161
Code that investment earnings are available to support additional	7162
appropriations, such amounts are hereby appropriated.	7163

Section 25.02. The Ohio Public Facilities Commission is	7164
hereby authorized to issue and sell, in accordance with Section 2m	7165
of Article VIII, Ohio Constitution, and sections 151.01, as	7166
amended by this act, and 151.08 of the Revised Code, original	7167
obligations of the state, in an aggregate principal amount not to	7168
exceed $120,000,000, in addition to the original obligations	7169
heretofore authorized by prior acts of the General Assembly. These	7170
authorized obligations shall be issued and sold from time to time	7171
and in amounts necessary to ensure sufficient moneys to the credit	7172
of the State Capital Improvements Fund (Fund 038) to pay costs	7173
charged to that fund, as estimated by the Director of Budget and	7174
Management.	7175

Section 26.01. All items set forth in this section are hereby	7176
appropriated out of any moneys in the state treasury to the credit	7177
of the Clean Ohio Conservation Fund (Fund 056) that are not	7178
otherwise appropriated.	7179

Appropriations

PWC PUBLIC WORKS COMMISSION

7180

CAP-152		Clean Ohio Conservation		$	37,500,000		7181
Total Public Works Commission				$	37,500,000		7182
TOTAL Clean Ohio Conservation Fund				$	37,500,000		7183

The foregoing appropriation item CAP-152, Clean Ohio	7184
Conservation, shall be used in accordance with sections 164.20 to	7185
164.27 of the Revised Code. If the Public Works Commission	7186
receives refunds due to project overpayments that are discovered	7187
during the post-project audit, the Director of the Public Works	7188
Commission may certify to the Director of Budget and Management	7189
that refunds have been received. If the Director of Budget and	7190
Management determines that project refunds are available to	7191
support additional appropriations, such amounts are hereby	7192
appropriated.	7193

Section 26.02. The Ohio Public Facilities Commission is	7194
hereby authorized to issue and sell, in accordance with Section 2o	7195
of Article VIII, Ohio Constitution, and sections 151.01 and 151.09	7196
of the Revised Code, original obligations in an aggregate	7197
principal amount not to exceed $50,000,000, in addition to the	7198
original issuance of obligations heretofore authorized by prior	7199
acts of the General Assembly. These authorized obligations shall	7200
be issued, subject to applicable constitutional and statutory	7201
limitations, as needed to ensure sufficient moneys to the credit	7202
of the Clean Ohio Conservation Fund (Fund 056), the Clean Ohio	7203
Agricultural Easement Fund (Fund 057), and the Clean Ohio Trail	7204
Fund (Fund 061) to pay costs of conservation projects as defined	7205
in sections 151.01 and 151.09 of the Revised Code.	7206

Section 26.03. All items set forth in this section are hereby	7207
appropriated out of any moneys in the state treasury to the credit	7208
of the Clean Ohio Agricultural Easement Fund (Fund 057) that are	7209
not otherwise appropriated.	7210

Appropriations

AGR DEPARTMENT OF AGRICULTURE

7211

CAP-047		Clean Ohio Agricultural Easement		$	6,250,000		7212
Total Department of Agriculture				$	6,250,000		7213
TOTAL Clean Ohio Agricultural Easement Fund				$	6,250,000		7214

Section 26.04. All items set forth in this section are hereby	7216
appropriated out of any moneys in the state treasury to the credit	7217
of the Clean Ohio Trail Fund (Fund 061), that are not otherwise	7218
appropriated.	7219

Appropriations

DNR DEPARTMENT OF NATURAL RESOURCES

7220

CAP-014		Clean Ohio Trail		$	6,250,000		7221
Total Department of Natural Resources				$	6,250,000		7222
TOTAL Clean Ohio Trail Fund				$	6,250,000		7223

Section 27.01.  CERTIFICATION OF RENTAL PAYMENTS

7225

Each request for release of appropriations for any and all	7226
capital improvements and capital facilities for which	7227
appropriations are made in this act from the proceeds of	7228
obligations in the Administrative Building Fund (Fund 026), the	7229
Adult Correctional Building Fund (Fund 027), the Juvenile	7230
Correctional Building Fund (Fund 028), the Cultural and Sports	7231
Facilities Building Fund (Fund 030), the Natural Resources	7232
Projects Fund (Fund 031), the School Building Program Assistance	7233
Fund (Fund 032), the Mental Health Facilities Improvement Fund	7234
(Fund 033), the Higher Education Improvement Fund (Fund 034), and	7235
the Parks and Recreation Improvements Fund (Fund 035) shall have	7236
the certification of the Director of Budget and Management that	7237
sufficient General Revenue Fund moneys are appropriated for and	7238
will be available for rental payments to the Ohio Public	7239
Facilities Commission, the Treasurer of State, and the Ohio	7240
Building Authority in the then-current fiscal biennium relating to	7241
obligations or portions of obligations issued or to be issued in	7242
that fiscal biennium to fund, in the then-current fiscal biennium,	7243
anticipated expenditures from these funds associated with the	7244
request.	7245

Section 27.02. HIGHWAY SAFETY FUND CERTIFICATION OF RENTAL	7246
PAYMENTS	7247

No money shall be encumbered for any capital improvements and	7248
capital facilities for which appropriations are made in excess of	7249
the cash balances from the proceeds of obligations in the Highway	7250
Safety Building Fund (Fund 025) unless the Director of Budget and	7251
Management certifies that sufficient Highway Safety Fund moneys	7252
are appropriated and available for rental payments to the Ohio	7253
Building Authority for debt service payments by the state in the	7254
then-current fiscal biennium relating to obligations or portions	7255
of obligations issued or to be issued in that fiscal biennium to	7256
fund, in the then-current fiscal biennium, anticipated	7257
expenditures from these funds associated with related	7258
encumbrances.	7259

Section 28.01. CERTIFICATION OF AVAILABILITY OF MONEYS

7260

No moneys that require release may be expended from any	7261
appropriation contained in this act without certification of the	7262
Director of Budget and Management that there are sufficient moneys	7263
in the state treasury in the fund from which the appropriation is	7264
made. Such certification shall be based on estimates of revenue,	7265
receipts, and expenses. Nothing herein shall be construed as a	7266
limitation on the authority of the Director of Budget and	7267
Management under section 126.07 of the Revised Code.	7268

Section 28.02. LIMITATIONS ON CAPITAL APPROPRIATIONS

7269

The appropriations made in this act excluding those made to	7270
the State Capital Improvement Fund (Fund 038) and the State	7271
Capital Improvements Revolving Loan Fund (Fund 040) for buildings	7272
or structures, including remodeling and renovations, are limited	7273
to:	7274

(A) Acquisition of real property or interest in real	7275
property;	7276

(B) Buildings and structures, which includes construction,	7277
demolition, lighting and lighting fixtures, and all necessary	7278
utilities, heating and ventilating, plumbing, sprinkling, and	7279
sewer systems, when such systems are authorized or necessary;	7280

(C) Architectural, engineering, and professional services	7281
expenses directly related to the projects;	7282

(D) Machinery that is a part of buildings and structures at	7283
the time of initial acquisition or construction;	7284

(E) Acquisition, development, and deployment of new computer	7285
systems, including the redevelopment or integration of existing	7286
and new computer systems, but excluding regular or ongoing	7287
maintenance or support agreements;	7288

(F) Equipment that meets all the following criteria:

7289

(1) The equipment is essential in bringing the facility up to	7290
its intended use.	7291

(2) The unit cost of the equipment, and not the individual	7292
parts of a unit, is approximately $100 or more.	7293

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

7294

(4) The equipment is necessary for the functioning of the	7295
particular facility or project.	7296

No equipment shall be paid for from these appropriations that	7297
is not an integral part of or directly related to the basic	7298
purpose or function of a facility or project for which moneys are	7299
appropriated. This does not apply to line items for equipment.	7300

Section 28.03. CONTINGENCY RESERVE REQUIREMENT

7301

Any request for release of capital appropriations by the	7302
Director of Budget and Management or the Controlling Board of	7303
capital appropriations for projects, the contracts for which are	7304
awarded by the Department of Administrative Services, shall	7305
contain a contingency reserve, the amount of which shall be	7306
determined by the Department of Administrative Services, for	7307
payment of unanticipated project expenses. Any amount deducted	7308
from the encumbrance for a contractor's contract as an assessment	7309
for liquidated damages shall be added to the encumbrance for the	7310
contingency reserve. Contingency reserve funds shall be used to	7311
pay costs resulting from unanticipated job conditions, to comply	7312
with rulings regarding building and other codes, to pay costs	7313
related to errors or omissions in contract documents, to pay costs	7314
associated with changes in the scope of work, and to pay the cost	7315
of settlements and judgments related to the project.	7316

Any funds remaining upon completion of a project may, upon	7317
approval of the Controlling Board, be released for the use of the	7318
institution to which the appropriation was made for other capital	7319
facilities projects.	7320

Section 28.04. AGENCY ADMINISTRATION OF CAPITAL FACILITIES	7321
PROJECTS	7322

Notwithstanding sections 123.01 and 123.15 of the Revised	7323
Code, the Director of Administrative Services may authorize the	7324
Departments of Mental Health, Mental Retardation and Developmental	7325
Disabilities, Alcohol and Drug Addiction Services, Agriculture,	7326
Job and Family Services, Rehabilitation and Correction, Youth	7327
Services, Public Safety and Transportation, the Ohio Veterans'	7328
Home, and the Rehabilitation Services Commission to administer any	7329
capital facilities projects the estimated cost of which, including	7330
design fees, construction, equipment, and contingency amounts, is	7331
less than $1,500,000. Requests for authorization to administer	7332
capital facilities projects shall be made in writing to the	7333
Director of Administrative Services by the applicable state agency	7334
within sixty days after the effective date of the act in which the	7335
General Assembly initially makes an appropriation for the project.	7336
Upon the release of funds for such projects by the Controlling	7337
Board or the Director of Budget and Management, the agency may	7338
administer the capital project or projects for which agency	7339
administration has been authorized without the supervision,	7340
control, or approval of the Director of Administrative Services.	7341

The state agency authorized by the Director of Administrative	7342
Services to administer capital facilities projects pursuant to	7343
this section shall comply with the applicable procedures and	7344
guidelines established in Chapter 153. of the Revised Code.	7345

Section 28.05.  SATISFACTION OF JUDGMENTS AND SETTLEMENTS	7346
AGAINST THE STATE	7347

Except as otherwise provided in this section, an	7348
appropriation in this act or any other act may be used for the	7349
purpose of satisfying judgments, settlements, or administrative	7350
awards ordered or approved by the Court of Claims or by any other	7351
court of competent jurisdiction in connection with civil actions	7352
against the state. This authorization does not apply to	7353
appropriations to be applied to or used for payment of guarantees	7354
by or on behalf of the state, or for payments under lease	7355
agreements relating to or debt service on bonds, notes, or other	7356
obligations of the state. Notwithstanding any other section of law	7357
to the contrary, this authorization includes appropriations from	7358
funds into which proceeds or direct obligations of the state are	7359
deposited only to the extent that the judgment, settlement, or	7360
administrative award is for or represents capital costs for which	7361
the appropriation may otherwise be used and is consistent with the	7362
purpose for which any related obligations were issued or entered	7363
into. Nothing contained in this section is intended to subject the	7364
state to suit in any forum in which it is not otherwise subject to	7365
suit, and it is not intended to waive or compromise any defense or	7366
right available to the state in any suit against it.	7367

Section 28.06. CAPITAL RELEASES BY THE DIRECTOR OF BUDGET AND	7368
MANAGEMENT	7369

Notwithstanding section 126.14 of the Revised Code,	7370
appropriations for appropriation items CAP-002, Local Jails, and	7371
CAP-003, Community-Based Correctional Facilities, appropriated	7372
from the Adult Correctional Building Fund (Fund 027) to the	7373
Department of Rehabilitation and Correction shall be released upon	7374
the written approval of the Director of Budget and Management. The	7375
appropriations from the Public School Building Fund (Fund 021) and	7376
the School Building Program Assistance Fund (Fund 032) to the	7377
School Facilities Commission, from the Clean Ohio Conservation	7378
Fund (Fund 056), the State Capital Improvement Fund (Fund 038),	7379
and the State Capital Improvements Revolving Loan Fund (Fund 040)	7380
to the Public Works Commission, shall be released upon	7381
presentation of a request to release the funds, by the agency to	7382
which the appropriation has been made, to the Director of Budget	7383
and Management.	7384

Section 28.07. PREVAILING WAGE REQUIREMENT

7385

Except as provided in section 4115.04 of the Revised Code, no	7386
moneys appropriated or reappropriated by the 126th General	7387
Assembly shall be used for the construction of public	7388
improvements, as defined in section 4115.03 of the Revised Code,	7389
unless the mechanics, laborers, or workers engaged therein are	7390
paid the prevailing rate of wages as prescribed in section 4115.04	7391
of the Revised Code. Nothing in this section shall affect the	7392
wages and salaries established for state employees under the	7393
provisions of Chapter 124. of the Revised Code, or collective	7394
bargaining agreements entered into by the state pursuant to	7395
Chapter 4117. of the Revised Code, while engaged on force account	7396
work, nor shall this section interfere with the use of inmate and	7397
patient labor by the state.	7398

Section 28.08.  CAPITAL FACILITIES LEASES

7399

Capital facilities for which appropriations are made from the	7400
Administrative Building Fund (Fund 026), the Adult Correctional	7401
Building Fund (Fund 027), and the Juvenile Correctional Building	7402
Fund (Fund 028) may be leased by the Ohio Building Authority to	7403
the Departments of Youth Services, Administrative Services, or	7404
Rehabilitation and Correction. Other agreements may be made by the	7405
Ohio Building Authority and those departments with respect to the	7406
use or purchase of such capital facilities. Subject to the	7407
approval of the director of the department or the commission, the	7408
Ohio Building Authority may lease such capital facilities to, and	7409
make other agreements with respect to their use or purchase with,	7410
any governmental agency or nonprofit corporation having authority	7411
under law to own, lease, or operate such capital facilities. The	7412
department or the commission may sublease such capital facilities	7413
to, and make other agreements with respect to their use or	7414
purchase with, any such governmental agency or nonprofit	7415
corporation, which may include provisions for transmittal of	7416
receipts of that agency or nonprofit corporation of any charges	7417
for the use of such facilities, all upon such terms and conditions	7418
as the parties may agree upon and any other provision of law	7419
affecting the leasing, acquisition, or disposition of capital	7420
facilities by such parties.	7421

Section 28.09. APPROVAL OF EXPENDITURES BY THE DIRECTOR OF	7422
BUDGET AND MANAGEMENT	7423

The Director of Budget and Management shall review the	7424
initial release of moneys for projects from the funds into which	7425
proceeds of direct obligations of the state are deposited, and	7426
authorize the expenditure or encumbrance of moneys from those	7427
funds only after determining to the director's satisfaction that	7428
either of the following apply:	7429

(A) The application of such moneys to the particular project	7430
will not negatively affect any exemption or exclusion from federal	7431
income tax of the interest or interest equivalent on obligations,	7432
issued to provide moneys to the particular fund.	7433

(B) Moneys for the project will come from the proceeds of	7434
obligations, the interest on which is not so excluded or exempt	7435
and which have been authorized as "taxable obligations" by the	7436
issuing authority.	7437

The director shall report any nonrelease of moneys pursuant	7438
to this section to the Governor, the presiding officer of each	7439
house of the General Assembly, and the agency for the use of which	7440
the project is intended.	7441

Section 28.10.  SCHOOL FACILITIES ENCUMBRANCES AND	7442
REAPPROPRIATION	7443

At the request of the Executive Director of the Ohio School	7444
Facilities Commission, the Director of Budget and Management may	7445
cancel encumbrances for school district projects from a previous	7446
biennium if the district has not raised its local share of project	7447
costs within one year of receiving Controlling Board approval in	7448
accordance with section 3318.05 of the Revised Code. The Executive	7449
Director of the Ohio School Facilities Commission shall certify	7450
the amounts of these canceled encumbrances to the Director of	7451
Budget and Management on a quarterly basis. The amounts of the	7452
canceled encumbrances are hereby appropriated.	7453

Section 28.11. OHIO EDUCATIONAL TELECOMMUNICATIONS NETWORK	7454
COMMISSION REAPPROPRIATION	7455

The Director of Ohio Educational Telecommunications Network	7456
Commission shall certify and receive approval from the Director of	7457
the Office of Budget and Management an amount necessary to	7458
complete the Ohio Educational Telecommunications Network	7459
Commission's previously approved and funded projects. This amount	7460
is hereby appropriated to CAP-001, Educational TV & Radio	7461
Equipment.	7462

Section 28.12. CERTIFICATE OF NEED REQUIREMENT

7463

No appropriation for a health care facility authorized under	7464
this act may be released until the requirements of sections	7465
3702.51 to 3702.68 of the Revised Code have been met.	7466

Section 28.13. DISTRIBUTION OF PROCEEDS FROM ASBESTOS	7467
ABATEMENT LITIGATION	7468

All proceeds received by the state as a result of litigation,	7469
judgments, settlements, or claims, filed by or on behalf of any	7470
state agency as defined by section 1.60 of the Revised Code or	7471
state-supported or state-assisted institution of higher education,	7472
for damages or costs resulting from the use, removal, or hazard	7473
abatement of asbestos materials shall be deposited in the Asbestos	7474
Abatement Distribution Fund (Fund 674). All funds deposited into	7475
the Asbestos Abatement Distribution Fund are hereby appropriated	7476
to the Attorney General. To the extent practicable, the proceeds	7477
placed in the Asbestos Abatement Distribution Fund shall be	7478
divided among the state agencies and state-supported or	7479
state-assisted institutions of higher education in accordance with	7480
the general provisions of the litigation regarding the percentage	7481
of recovery. Distribution of the proceeds to each state agency or	7482
state-supported or state-assisted institution of higher education	7483
shall be made in accordance with the Asbestos Abatement	7484
Distribution Plan to be developed by the Attorney General, the	7485
General Services Division within the Department of Administrative	7486
Services, and the Office of Budget and Management.	7487

In those circumstances where asbestos litigation proceeds are	7488
for reimbursement of expenditures made with funds outside the	7489
state treasury or damages to buildings not constructed with state	7490
appropriations, direct payments shall be made to the affected	7491
institutions of higher education. Any proceeds received for	7492
reimbursement of expenditures made with funds within the state	7493
treasury or damages to buildings occupied by state agencies shall	7494
be distributed to the affected agencies with an intrastate	7495
transfer voucher to the funds identified in the Asbestos Abatement	7496
Distribution Plan.	7497

Such proceeds shall be used for additional asbestos abatement	7498
or encapsulation projects, or for other capital improvements,	7499
except that proceeds distributed to the General Revenue Fund and	7500
other funds that are not bond improvement funds may be used for	7501
any purpose. The Controlling Board may, for bond improvement	7502
funds, create appropriation items or increase appropriation	7503
authority in existing appropriation items equaling the amount of	7504
such proceeds. Such amounts approved by the Controlling Board are	7505
hereby appropriated. Such proceeds deposited in bond improvement	7506
funds shall not be expended until released by the Controlling	7507
Board, which shall require certification by the Director of Budget	7508
and Management that such proceeds are sufficient and available to	7509
fund the additional anticipated expenditures.	7510

Section 29.01. OBLIGATIONS ISSUED UNDER ORC CHAPTER 151.

7511

The capital improvements for which appropriations are made in	7512
this act from the Ohio Parks and Natural Resources Fund (Fund	7513
031), the School Building Program Assistance Fund (Fund 032), the	7514
Higher Education Improvement Fund (Fund 034), the State Capital	7515
Improvements Fund (Fund 038), the Clean Ohio Conservation Fund	7516
(Fund 056), the Clean Ohio Agricultural Easement Fund (Fund 057),	7517
and the Clean Ohio Trail Fund (Fund 061) are determined to be	7518
capital improvements and capital facilities for natural resources,	7519
a statewide system of common schools, state-supported and	7520
state-assisted institutions of higher education, local subdivision	7521
capital improvement projects, and conservation purposes (under the	7522
Clean Ohio program) and are designated as capital facilities to	7523
which proceeds of obligations issued under Chapter 151. of the	7524
Revised Code are to be applied.	7525

Section 29.02.  OBLIGATIONS ISSUED UNDER ORC CHAPTER 152.

7526

The capital improvements for which appropriations are made in	7527
this act from the Highway Safety Building Fund (Fund 025), the	7528
Administrative Building Fund (Fund 026), the Adult Correctional	7529
Building Fund (Fund 027), and the Juvenile Correctional Building	7530
Fund (Fund 028) are determined to be capital improvements and	7531
capital facilities for housing state agencies and branches of	7532
state government and their functions and are designated as capital	7533
facilities to which proceeds of obligations issued under Chapter	7534
152. of the Revised Code are to be applied.	7535

The owners or holders of obligations issued under Chapter	7536
152. of the Revised Code have no right to have excises or taxes	7537
levied by the General Assembly for the payment of interest or	7538
principal thereon.	7539

Section 29.03.  OBLIGATIONS ISSUED UNDER ORC CHAPTER 154.

7540

The capital improvements for which appropriations are made in	7541
this act from the Cultural and Sports Facilities Building Fund	7542
(Fund 030), the Mental Health Facilities Improvement Fund (Fund	7543
033), and the Parks and Recreation Improvement Fund (Fund 035) are	7544
determined to be capital improvements and capital facilities for	7545
housing state agencies and branches of government, mental hygiene	7546
and retardation, and parks and recreation and are designated as	7547
capital facilities to which proceeds of obligations issued under	7548
Chapter 154. of the Revised Code are to be applied.	7549

The owners or holders of obligations issued under Chapter	7550
154. of the Revised Code have no right to have excises or taxes	7551
levied by the General Assembly for the payment of principal or	7552
interest thereon.	7553

Section 30.01.  TRANSFER OF OPEN ENCUMBRANCES

7554

Upon the request of the agency to which a capital project	7555
appropriation item is appropriated, the Director of Budget and	7556
Management may transfer open encumbrance amounts between separate	7557
encumbrances for the project appropriation item to the extent that	7558
any reductions in encumbrances are agreed to by the contracting	7559
vendor and the agency.	7560

Section 31.01.  LITIGATION PROCEEDS TO THE ADMINISTRATIVE	7561
BUILDING FUND	7562

Any proceeds received by the State of Ohio as the result of	7563
litigation or a settlement agreement related to any liability for	7564
the planning, design, engineering, construction, or construction	7565
management of such facilities operated by the Department of	7566
Administrative Services shall be deposited into the Administrative	7567
Building Fund (Fund 026).	7568

Section 32.01. COAL RESEARCH AND DEVELOPMENT BONDS

7569

The Ohio Public Facilities Commission, upon the request of	7570
the Director of the Ohio Coal Development Office with the advice	7571
of the Technical Advisory Committee created in section 1551.35 of	7572
the Revised Code and the approval of the Director of the Air	7573
Quality Development Authority, is hereby authorized to issue and	7574
sell, in accordance with Section 15 of Article VIII, Ohio	7575
Constitution, and Chapter 151., and particularly sections 151.01	7576
and 151.07 and other applicable sections of the Revised Code,	7577
bonds or other obligations of the State of Ohio heretofore	7578
authorized by prior acts of the General Assembly. The obligations	7579
shall be issued, subject to applicable constitutional and	7580
statutory limitations, to provide sufficient moneys to the credit	7581
of the Coal Research and Development Fund created in section	7582
1555.15 of the Revised Code to pay costs charged to such fund when	7583
due as estimated by the Director of the Ohio Coal Development	7584
Office.	7585

Section 33.01. OHIO ADMINISTRATIVE KNOWLEDGE SYSTEM PROJECT

7586

The Ohio Administrative Knowledge System (OAKS) will be an	7587
enterprise resource planning system that will replace the state's	7588
central services infrastructure systems, including the Central	7589
Accounting System, the Human Resources/Payroll System, the Capital	7590
Improvements Projects Tracking System, the Fixed Assets Management	7591
System, and the Procurement System. The Department of	7592
Administrative Services, in conjunction with the Office of Budget	7593
and Management, may acquire the system, including, but not limited	7594
to, the enterprise resource planning software and installation and	7595
implementation thereof pursuant to Chapter 125. of the Revised	7596
Code. Any lease-purchase arrangement utilized under Chapter 125.	7597
of the Revised Code, including any fractionalized interest herein	7598
as defined in division (N) of section 133.01 of the Revised Code,	7599
shall provide at the end of the lease period that OAKS shall	7600
become the property of the state.	7601

Section 34.01. PUBLIC ASSISTANCE RECONCILIATION FUND

7602

There is hereby created in the state treasury the Public	7603
Assistance Reconciliation Fund (Fund 5AX). The fund, a state	7604
special revenue fund, shall be used by the Department of Job and	7605
Family Services to reimburse Ohio's federal TANF block grant	7606
according to the process agreed to by the department and the	7607
federal government. If both the Director of Job and Family	7608
Services and the Director of Budget and Management determine that	7609
sufficient cash is available in the fund, the fund also may be	7610
used to provide cash in fiscal year 2005 for income maintenance to	7611
the counties. Notwithstanding any state law restrictions to the	7612
contrary, the Director of Budget and Management may, at the	7613
request of the Director of Job and Family Services, transfer cash	7614
either into or out of the Public Assistance Reconciliation Fund to	7615
or from any other fund appropriated to the department. The amounts	7616
are hereby appropriated and the Director of Budget and Management	7617
shall establish a new appropriation item for the appropriation.	7618

Notwithstanding Section 145 of Am. Sub. H.B. 95 of the 125th	7619
General Assembly as amended by Section 64 of Am. Sub. S.B. 189 of	7620
the 125th General Assembly, the Director of Budget and Management	7621
may, at the request of the Director of Job and Family Services,	7622
transfer up to $76,500,000 from the Federal Fiscal Relief Fund	7623
(Fund 5Y9) to the Public Assistance Reconciliation Fund (Fund	7624
5AX). Such amounts are hereby appropriated. Any federal funds	7625
reimbursed to the Department as a result of this transfer shall be	7626
deposited to the Federal Fiscal Relief Fund.	7627

Notwithstanding Section 2 of Am. Sub. S.B. 170 of the 124th	7628
General Assembly, the Director of Budget and Management may, at	7629
the request of the Director of Job and Family Services, transfer	7630
cash from the Child Support Special Payment Fund (Fund 5T2) to the	7631
Public Assistance Reconciliation Fund (Fund 5AX). The amounts	7632
shall not exceed the cash balance in the fund and are hereby	7633
appropriated.	7634

This section is not subject to the referendum. Therefore,	7635
under Ohio Constitution, Article II, Section 1d and section 1.471	7636
of the Revised Code, this section goes into immediate effect when	7637
this act becomes law.	7638

Section 35.01.  Sections 3.01 to 32.01 of this act shall	7639
remain in full force and effect commencing on July 1, 2004, and	7640
terminating on June 30, 2006, for the purpose of drawing money	7641
from the state treasury in payment of liabilities lawfully	7642
incurred hereunder, and on June 30, 2006, and not before, the	7643
moneys hereby appropriated shall lapse into the funds from which	7644
they are severally appropriated. Because if, under Section 1c of	7645
Article II, Ohio Constitution, Sections 3.01 to 32.01 of this act	7646
do not take effect until after July 1, 2004, Sections 3.01 to	7647
32.01 of this act shall be and remain in full force and effect	7648
commencing on that later effective date.	7649

Section 36.01. That Sections 18.02, 18.16, 22, 26.10, 26.14,	7650
26.19, 26.23, 26.48, and 27 of Am. Sub. S.B. 189 of the 125th	7651
General Assembly be amended to read as follows:	7652

Sec. 18.02.  DAS DEPARTMENT OF ADMINISTRATIVE SERVICES

7653

CAP-773		Governor's Residence Renovations		$	4,705		7654
CAP-809		Hazardous Substance Abatement		$	1,688,120		7655
CAP-811		Health/EPA Laboratory Facilities		$	20,840,003		7656
CAP-813		Heer Building Renovation		$	1,500,000		7657
CAP-822		Americans with Disabilities Act		$	1,535,675		7658
CAP-826		Office Services Building Renovation		$	1,250,000		7659
CAP-827		Statewide Communications System		$	72,787,285		7660
CAP-834		Capital Improvements Tracking System		$	407,600		7661
CAP-835		Energy Conservation Projects		$	1,817,260		7662
CAP-837		Major Computer Purchases		$	1,824,884		7663
CAP-838		SOCC Renovations		$	2,148,691		7664
CAP-844		Hamilton State/Local Government Center - Planning		$	57,500		7665
CAP-848		ODOT Building Boiler Replacement		$	155,981		7666
CAP-849		Facility Planning and Development		$	4,445,184		7667
CAP-850		Education Building Renovations		$	308,482		7668
CAP-852		North High Building Complex Renovations		$	2,689,102		7669
CAP-855		Office Space Planning		$	70,300		7670
CAP-859		eSecure Ohio		$	2,500,000		7671
CAP-860		Structured Cabling		$	397,155		7672
CAP-864		eGovernment Infrastructure		$	1,047,000		7673
CAP-865		DAS Building Security		$	78,100		7674
CAP-867		Lausche Building Connector		$	963,200		7675
CAP-868		Riversouth Development		$	9,000,000		7676
Total Department of Administrative Services				$	118,516,627 127,516,627		7677

HAZARDOUS SUBSTANCE ABATEMENT IN STATE FACILITIES

7678

The foregoing appropriation item CAP-809, Hazardous Substance	7679
Abatement, shall be used to fund the removal of asbestos, PCB,	7680
radon gas, and other contamination hazards from state facilities.	7681

Prior to the release of funds for asbestos abatement, the	7682
Department of Administrative Services shall review proposals from	7683
state agencies to use these funds for asbestos abatement projects	7684
based on criteria developed by the Department of Administrative	7685
Services. Upon a determination by the Department of Administrative	7686
Services that the requesting agency cannot fund the asbestos	7687
abatement project or other toxic materials removal through	7688
existing capital and operating appropriations, the department may	7689
request the release of funds for such projects by the Controlling	7690
Board. State agencies intending to fund asbestos abatement or	7691
other toxic materials removal through existing capital and	7692
operating appropriations shall notify the Director of	7693
Administrative Services of the nature and scope prior to	7694
commencing the project.	7695

Only agencies that have received appropriations for capital	7696
projects from the Administrative Building Fund (Fund 026) are	7697
eligible to receive funding from this item. Public school	7698
districts are not eligible.	7699

IMPLEMENTATION OF AMERICANS WITH DISABILITIES ACT

7700

The foregoing appropriation item CAP-822, Americans with	7701
Disabilities Act, shall be used to renovate state-owned facilities	7702
to provide access for physically disabled persons in accordance	7703
with Title II of the Americans with Disabilities Act.	7704

Prior to the release of funds for renovation, state agencies	7705
shall perform self-evaluations of state-owned facilities	7706
identifying barriers to access to service. State agencies shall	7707
prioritize access barriers and develop a transition plan for the	7708
removal of these barriers. The Department of Administrative	7709
Services shall review proposals from state agencies to use these	7710
funds for Americans with Disabilities Act renovations.	7711

Only agencies that have received appropriations for capital	7712
projects from the Administrative Building Fund (Fund 026) are	7713
eligible to receive funding from this item. Public school	7714
districts are not eligible.	7715

MARCS STEERING COMMITTEE AND STATEWIDE COMMUNICATIONS SYSTEM

7716

There is hereby continued a Multi-Agency Radio Communications	7717
System (MARCS) Steering Committee consisting of the designees of	7718
the Directors of Administrative Services, Public Safety, Natural	7719
Resources, Transportation, Rehabilitation and Correction, and	7720
Budget and Management. The Director of Administrative Services or	7721
the director's designee shall chair the committee. The committee	7722
shall provide assistance to the Director of Administrative	7723
Services for effective and efficient implementation of the MARCS	7724
system as well as develop policies for the ongoing management of	7725
the system. Upon dates prescribed by the Directors of	7726
Administrative Services and Budget and Management, the MARCS	7727
Steering Committee shall report to the directors on the progress	7728
of MARCS implementation and the development of policies related to	7729
the system.	7730

The foregoing appropriation item CAP-827, Statewide	7731
Communications System, shall be used to purchase or construct the	7732
components of MARCS that are not specific to any one agency. The	7733
equipment may include, but is not limited to, multi-agency	7734
equipment at the Emergency Operations Center/Joint Dispatch	7735
Facility, computer and telecommunication equipment used for the	7736
functioning and integration of the system, communications towers,	7737
tower sites, tower equipment, and linkages among towers and	7738
between towers and the State of Ohio Network for Integrated	7739
Communication (SONIC) system. The Director of Administrative	7740
Services shall, with the concurrence of the MARCS Steering	7741
Committee, determine the specific use of funds.	7742

Spending from this appropriation item shall not be subject to	7743
Chapters 123. and 153. of the Revised Code.	7744

ENERGY CONSERVATION PROJECTS

7745

The foregoing appropriation item CAP-835, Energy Conservation	7746
Projects, shall be used to perform energy conservation	7747
renovations, including the United States Environmental Protection	7748
Agency's Energy Star Program, in state-owned facilities. Prior to	7749
the release of funds for renovation, state agencies shall have	7750
performed a comprehensive energy audit for each project. The	7751
Department of Administrative Services shall review and approve	7752
proposals from state agencies to use these funds for energy	7753
conservation. Public school districts and state-supported and	7754
state-assisted institutions of higher education are not eligible	7755
for funding from this item.	7756

RIVERSOUTH DEVELOPMENT

7757

The amount reappropriated for the foregoing appropriation	7758
item CAP-868, Riversouth Development, is $9,000,000.	7759

Sec. 18.16. SOS SECRETARY OF STATE

7760

CAP-002		Voting Machines		$	5,800,000		7761
Total Secretary of State				$	5,800,000		7762
TOTAL Administrative Building Fund				$	163,084,591 172,084,591		7763

VOTING MACHINES

7764

The foregoing appropriation item CAP-002, Voting Machines,	7765
shall be used to purchase upgraded voting equipment. Appropriation	7766
item CAP-002, Voting Machines, shall match federal funds provided	7767
through the Help America Vote Act of 2002.	7768

Sec. 22. All items set forth in this section are hereby	7769
appropriated out of any moneys in the state treasury to the credit	7770
of the ArtsCultural and Sports Facilities Building Fund (Fund	7771
030) that are not otherwise appropriated:	7772

Reappropriations

AFC ARTS AND SPORTS CULTURAL FACILITIES COMMISSION

7773

CAP-003		Center of Science and Industry - Toledo		$	12,268		7774
CAP-004		Valentine Theatre		$	1,111		7775
CAP-005		Center of Science and Industry - Columbus		$	181,636		7776
CAP-010		Sandusky State Theatre Improvements		$	1,000,000		7777
CAP-017		Zion Center of the National Afro-American Museum		$	488,232		7778
CAP-021		Ohio Historical Center - Archives and Library Shelving		$	2,395		7779
CAP-033		Woodward Opera House Renovation		$	1,050,000		7780
CAP-037		Canton Palace Theatre Renovations		$	1,066,126		7781
CAP-038		Center Exhibit Replacement		$	750,000		7782
CAP-041		Cleveland Playhouse		$	500,000		7783
CAP-042		Statewide Site Exhibit/Renovation & Construction		$	625,000		7784
CAP-043		Statewide Site Repairs		$	454,000		7785
CAP-046		Cincinnati Museum Center Improvements		$	500,000		7786
CAP-052		Akron Art Museum		$	6,634,666		7787
CAP-053		Powers Auditorium Improvements		$	200,000		7788
CAP-055		Waco Museum & Aviation Learning Center		$	500,000		7789
CAP-057		Comprehensive Master Plan		$	180,000		7790
CAP-058		Cedar Bog Nature Preserve Education Center		$	766,200		7791
CAP-061		Statewide Arts Facilities Planning		$	35,931		7792
CAP-063		Robins Theatre Renovations		$	1,000,000		7793
CAP-064		Bramley Historic House		$	75,000		7794
CAP-066		Delaware County Cultural Arts Center		$	40,000		7795
CAP-068		Perry County Historical Society		$	100,000		7796
CAP-069		Cleveland Institute of Art		$	750,000		7797
CAP-071		Cleveland Institute of Music		$	750,000		7798
CAP-072		West Side Arts Consortium		$	138,000		7799
CAP-074		Stan Hywet Hall & Gardens		$	250,000		7800
CAP-075		McKinley Museum Improvements		$	125,000		7801
CAP-076		Spring Hill Historic Home		$	125,000		7802
CAP-077		Western Reserve Ballet Improvements		$	100,000		7803
CAP-078		Midland Theatre		$	175,000		7804
CAP-079		Lorain Palace Civic Theatre		$	200,000		7805
CAP-080		Great Lakes Historical Society		$	150,000		7806
CAP-734		Hayes Presidential Center		$	75,000		7807
CAP-745		Historic Sites and Museums		$	750,000		7808
CAP-753		Buffington Island State Memorial		$	91,500		7809
CAP-770		Serpent Mound State Memorial		$	295,000		7810
CAP-784		Ohio Historical Center Rehabilitation		$	673,700		7811
CAP-786		Piqua/Ft Picakawillany Acquisition and Improvements		$	136,000		7812
CAP-789		Neil Armstrong Air and Space Museum Improvements		$	103,516		7813
CAP-791		Harrison Tomb and Site Renovations		$	149,500		7814
CAP-796		Moundbuilders State Memorial		$	530,000		7815
CAP-806		Grant Boyhood Home Improvements		$	68,333		7816
CAP-809		Cincinnati Ballet Facility Improvements		$	450,000		7817
CAP-810		Toledo Museum of Art Improvements		$	2,000,000		7818
CAP-814		Crawford Museum of Transportation & Industry		$	2,500,000		7819
CAP-820		Historical Center Ohio Village Buildings		$	502,000		7820
CAP-821		Lorain County Historical Society		$	300,000		7821
CAP-822		Madison County Historic Schoolhouse		$	40,000		7822
CAP-823		Marion Palace Theatre		$	825,000		7823
CAP-824		McConnellsville Opera House		$	75,000		7824
CAP-825		Secrest Auditorium		$	75,000		7825
CAP-826		Renaissance Theatre		$	50,000		7826
CAP-827		Trumpet in the Land		$	100,000		7827
CAP-828		Becky Thatcher Showboat		$	30,000		7828
CAP-829		Mid Ohio Valley Players		$	50,000		7829
CAP-830		The Anchorage		$	50,000		7830
CAP-831		Wayne County Historical Society		$	300,000		7831
CAP-833		Promont House Museum		$	200,000		7832
CAP-836		Fairfield Outdoor Theatre		$	100,000		7833
CAP-837		Lake County Historical Society		$	250,000		7834
CAP-839		Hancock Historical Society		$	75,000		7835
CAP-840		Riversouth Development		$	10,000,000		7836
					1,000,000		7837
CAP-841		Ft. Piqua Hotel		$	200,000		7838
CAP-843		Marina District/Ice Arena Development		$	4,000,000		7839
Total Arts and Sports Cultural Facilities Commission				$	43,970,114 34,470,114		7840
TOTAL Arts CULTURAL and Sports Facilities Building Fund				$	43,970,114 34,470,114		7841

COSI COLUMBUS - LOCAL ADMINISTRATION OF CAPITAL PROJECT	7842
CONTRACTS	7843

Notwithstanding division (A) of section 3383.07 of the	7844
Revised Code, the Ohio Arts and SportsCultural Facilities	7845
Commission, with respect to the foregoing appropriation item	7846
CAP-005, Center of Science and Industry - Columbus, may administer	7847
all or part of capital facilities project contracts involving	7848
exhibit fabrication and installation as determined by the	7849
Department of Administrative Services, the Center of Science and	7850
Industry - Columbus, and the Ohio Arts and SportsCultural	7851
Facilities Commission in review of the project plans. The Ohio	7852
Arts and SportsCultural Facilities Commission shall enter into a	7853
contract with the Center of Science and Industry - Columbus to	7854
administer the exhibit fabrication and installation contracts and	7855
such contracts are not subject to Chapter 123. or 153. of the	7856
Revised Code.	7857

SPORTS FACILITIES IMPROVEMENTS - AKRON

7858

The amount reappropriated to the ArtsCultural and Sports	7859
Facilities Building Fund (Fund 030), CAP-024, Sports Facilities	7860
Improvements - Akron, is the unallotted and unencumbered balance	7861
in the Sports Facilities Building Fund (Fund 024), CAP-024, Sports	7862
Facilities Improvements - Akron.	7863

REDS HALL OF FAME

7864

The amount reappropriated to the ArtsCultural and Sports	7865
Facilities Building Fund (Fund 030), CAP-025, Reds Hall of Fame,	7866
is the unallotted and unencumbered balance in the Sports	7867
Facilities Building Fund (Fund 024), CAP-025, Reds Hall of Fame.	7868

AKRON ART MUSEUM

7869

The amount reappropriated for the foregoing appropriation	7870
item CAP-052, Akron Art Museum, is the unencumbered and unallotted	7871
balance as of June 30, 2004, in appropriation item CAP-052, Akron	7872
Art Museum, plus $1,634,666.	7873

RIVERSOUTH DEVELOPMENT

7874

The amount reappropriated for the foregoing appropriation	7875
item CAP-840, Riversouth Development, is the unencumbered and	7876
unallotted balance as of June 30, 2004, in appropriation item	7877
CAP-840, Riversouth Development, minus $9,000,000.	7878

MARINA DISTRICT/ICE ARENA DEVELOPMENT

7879

The amount reappropriated to the ArtsCultural and Sports	7880
Facilities Building Fund (Fund 030), CAP-843, Marina District/Ice	7881
Arena Development, is the unallotted and unencumbered balance in	7882
the Sports Facilities Building Fund (Fund 024), CAP-073, Marina	7883
District/Ice Arena Development.	7884

Reappropriations

Sec. 26.10.  UAK UNIVERSITY OF AKRON

7885

CAP-008		Basic Renovations		$	3,394,867		7886
CAP-047		Polsky Building Renovation		$	577,185		7887
CAP-049		Basic Renovations - Wayne		$	270,316		7888
CAP-054		Auburn Science/Whitby Rehabilitation		$	4,099,600		7889
CAP-061		Asbestos Abatement		$	29,650		7890
CAP-063		Child Care Facility		$	149,998		7891
CAP-075		Infrastructure Materials/Rehabilitation		$	102,932		7892
CAP-076		Supercritical Fluid Technology		$	17,500		7893
CAP-080		UAK/Medina Technology Link		$	43,307		7894
CAP-081		Classroom/Office Building - Arts/Sciences		$	21,710		7895
CAP-091		Student Affairs Building		$	1,235,626		7896
CAP-095		Online Math		$	29,305		7897
CAP-097		Ohio NMR Consortium		$	96,500		7898
CAP-098		Guzzetta Hall Addition		$	7,784,808		7899
CAP-099		D Wing Expansion		$	243,750		7900
CAP-100		Classroom Office Addition-Design		$	120,120		7901
CAP-101		National Polymer Processing Center		$	1,000,000		7902
CAP-102		Scanning Raman Spectrometer		$	635		7903
CAP-104		Nanoscale Polymers Manufacturing		$	237,500		7904
CAP-105		Hydrogen Production and Storage		$	169,000		7905
CAP-107		Stan Hywet Hall and Gardens		$	500,000		7906
CAP-108		Weathervane Theatre, Akron		$	100,000		7907
CAP-109		Case Barlow Farm, Hudson		$	100,000		7908
CAP-110		Springfield HS/UAK Distance Learning Project		$	382,000		7909
Total University of Akron				$	20,706,309		7910

STAN HYWET HALL AND GARDENS

7911

The amount reappropriated for the foregoing appropriation	7912
item CAP-107, Stan Hywet Hall and Gardens, is the unencumbered and	7913
unallotted balance as of June 30, 2004, in appropriation item	7914
CAP-107, Stan Hywet Hall and Gardens, plus $500,000.	7915

WEATHERVANE THEATRE, AKRON

7916

The amount reappropriated for the foregoing appropriation	7917
item CAP-108, Weathervane Theatre, Akron, is the unencumbered and	7918
unallotted balance as of June 30, 2004, in appropriation item	7919
CAP-108, Weathervane Theatre, Akron, plus $100,000.	7920

CASE BARLOW FARM, HUDSON

7921

The amount reappropriated for the foregoing appropriation	7922
item CAP-109, Case Barlow Farm, Hudson, is the unencumbered and	7923
unallotted balance as of June 30, 2004, in appropriation item	7924
CAP-109, Case Barlow Farm, Hudson, plus $100,000.	7925

SPRINGFIELD HS/UAK DISTANCE LEARNING PROJECT

7926

The amount reappropriated for the foregoing appropriation	7927
item CAP-110, Springfield HS/UAK Distance Learning Project, is the	7928
unencumbered and unallotted balance as of June 30, 2004, in	7929
appropriation item CAP-110, Springfield HS/UAK Distance Learning	7930
Project, plus $382,000.	7931

Reappropriations

Sec. 26.14.  CLS CLEVELAND STATE UNIVERSITY

7932

CAP-007		Stilwell Hall Completion		$	25,160		7933
CAP-023		Basic Renovations		$	4,173,262		7934
CAP-067		17th - 18th Street Block		$	164,026		7935
CAP-069		Great Lakes Museum for Science, Environment, and Technology		$	200,000		7936
CAP-088		Asbestos Abatement		$	1,636,687		7937
CAP-092		Handicapped Requirements		$	17,148		7938
CAP-101		Classroom Building Conversion		$	50,000		7939
CAP-109		Classroom Upgrade		$	533,031		7940
CAP-112		Land Acquisitions		$	16,803		7941
CAP-114		Geographic Information Systems		$	77,738		7942
CAP-117		Landscaping/Sidewalks/Stairs		$	29,350		7943
CAP-118		Structural Concrete Rehabilitation		$	36,893		7944
CAP-125		College of Education Building		$	9,386,384		7945
CAP-126		Electrical System Upgrades Phase 2		$	1,072,619		7946
CAP-127		Fire Alarm System Upgrade		$	400,000		7947
CAP-128		Property Acquisition		$	2,886,556		7948
CAP-130		WVIZ Technology Center		$	1,000,000		7949
CAP-135		Law Building Stair Renovation		$	6,669		7950
CAP-136		University Center HVAC Phase 1		$	3,843		7951
CAP-137		University Center Elevator Upgrades		$	26,545		7952
CAP-138		Student Services		$	142,174		7953
CAP-139		Landscape, Sidewalk Replacement		$	5,845		7954
CAP-142		Rhodes Tower Library Roof Replacement		$	1,170,372		7955
CAP-143		Cleveland Food Bank		$	500,000		7956
CAP-144		Rhodes Tower Plaza Renovation Phase 2		$	1,300,000		7957
CAP-145		Cleveland Manufactures Technology Complex		$	500,000		7958
CAP-146		Rhodes Tower Exterior Renovation		$	56,709		7959
CAP-155		Cleveland Playhouse		$	500,000		7960
Total Cleveland State University				$	25,417,813 25,917,813		7961

BASIC RENOVATIONS

7962

The amount reappropriated for the foregoing appropriation	7963
item CAP-023, Basic Renovations, is the unencumbered and	7964
unallotted balance as of June 30, 2004, in appropriation item	7965
CAP-023, Basic Renovations, plus $9,122.	7966

CLEVELAND PLAYHOUSE

7967

The amount reappropriated for the foregoing appropriation	7968
item CAP-155, Cleveland Playhouse, is the unencumbered and	7969
unallotted balance as of June 30, 2004, in appropriation item	7970
CAP-155, Cleveland Playouse, plus $500,000.	7971

Reappropriations

Sec. 26.19. SSC SHAWNEE STATE UNIVERSITY

7972

CAP-004		Basic Renovations		$	1,468,735		7973
CAP-008		Massie Hall Renovation		$	54,541		7974
CAP-010		Land Acquisition		$	116,917		7975
CAP-016		Library Building		$	10,777		7976
CAP-017		Math/Science Building		$	17,061		7977
CAP-029		Fine Arts Class and Lab Building		$	108,704		7978
CAP-030		Utilities and Landscaping		$	4,679		7979
CAP-037		ADA Modifications		$	53,188		7980
CAP-039		Central Heating Plant Replacement		$	5,215		7981
CAP-040		Chiller Replacement		$	12,054		7982
CAP-041		Kricker Hall Renovation		$	1,932		7983
CAP-042		Sidewalk/Plaza Replacement		$	250,276		7984
CAP-043		Communication/Data Upgrade		$	23,079		7985
CAP-044		Land Acquisition		$	343,830		7986
CAP-045		Rehabilitation of Health Sciences Building Phase I		$	1,681,974		7987
CAP-046		Digital Infrastructure		$	81,153		7988
CAP-047		Natatorium Rehabilitation		$	450,000		7989
CAP-048		Facilities Building Renovation		$	242,120		7990
Total Shawnee State University				$	4,926,235		7991

BASIC RENOVATIONS

7992

The amount reappropriated for the foregoing appropriation	7993
item CAP-004, Basic Renovations, shall be $53,917 plus the	7994
unencumbered and unallotted balance as of June 30, 2004.	7995

Sec. 26.23.  MCO MEDICAL COLLEGEUNIVERSITY OF OHIO

7996

CAP-010		Basic Renovations		$	123,787		7997
CAP-046		Instructional and Data Processing Equipment		$	490,676		7998
CAP-048		Medical Informatics Data Highway		$	6,803		7999
CAP-049		Center for Classrooms of the Future		$	5,460		8000
CAP-053		ADA Modifications		$	8,258		8001
CAP-062		Waterproofing		$	3,381		8002
CAP-066		Core Research Facility		$	2,193,940		8003
CAP-067		Student Services		$	553		8004
CAP-072		Campus Substation Repairs		$	5,317		8005
CAP-074		Mulford Library Roof		$	1,740		8006
CAP-076		Supplemental Renovations		$	16,306		8007
CAP-077		Academic Classroom Improvements		$	400,000		8008
CAP-078		Clinical Academic Renovation		$	700,000		8009
CAP-079		Campus Waterproofing		$	41,500		8010
Total Medical College University of Ohio				$	3,997,721		8011

Reappropriations

Sec. 26.48. STC STARK TECHNICAL COLLEGE

8013

CAP-004		Basic Renovations		$	537,874		8014
CAP-015		Loop Road Property Acquisition/Development		$	629		8015
CAP-024		Phase 2 Renovations		$	252		8016
CAP-027		Information Technology Learning Center		$	10,000		8017
CAP-030		Northside Development Parking Lot - Phase II		$	77,423		8018
CAP-031		Student Services		$	31,087		8019
CAP-032		Automotive Technology Building Addition		$	1,719,554		8020
Total Stark Technical College				$	2,376,819		8021
TOTAL HIGHER EDUCATION IMPROVEMENT FUND				$	576,230,916 576,730,916		8022

Sec. 27.  All items set forth in this section are hereby	8024
appropriated out of any moneys in the state treasury to the credit	8025
of the Parks and Recreation Improvement Fund (Fund 035) that are	8026
not otherwise appropriated:	8027

Reappropriations

DNR DEPARTMENT OF NATURAL RESOURCES

8028

CAP-005		Cowan Lake State Park		$	23,445		8029
CAP-008		Delaware State Park		$	56,223		8030
CAP-011		Findley State Park		$	22,856		8031
CAP-012		Land Acquisition		$	6,800,000		8032
CAP-016		Hueston Woods State Park		$	23,258		8033
CAP-017		Indian Lake State Park		$	130,288		8034
CAP-019		Lake Hope State Park		$	6,776		8035
CAP-025		Punderson State Park		$	1,163		8036
CAP-029		Salt Fork State Park		$	127,555		8037
CAP-032		West Branch State Park		$	200,895		8038
CAP-045		Mary J. Thurston State Park Marina/Dock		$	300,000		8039
CAP-051		Buck Creek State Park		$	250		8040
CAP-064		Geneva State Park		$	4,182		8041
CAP-069		Hocking Hills State Park		$	87,756		8042
CAP-070		Lake Logan State Park		$	600		8043
CAP-093		Portage Lakes State Park		$	13,373		8044
CAP-113		East Harbor State Park Shoreline Stabilization		$	850,000		8045
CAP-119		Forked Run State Park		$	27,747		8046
CAP-162		Shawnee State Park		$	760		8047
CAP-205		Deer Creek State Park		$	19,051		8048
CAP-234		State Parks Campgrounds, Lodges, and Cabins		$	5,494,293		8049
CAP-331		Park Boating Facilities		$	2,688,216		8050
CAP-390		State Park Maintenance Facility Development		$	1,656,339		8051
CAP-701		Buckeye Lake Dam Rehabilitation		$	427,756		8052
CAP-702		Upgrade Underground Storage Tanks		$	234,134		8053
CAP-703		Cap Abandoned Water Wells		$	78,000		8054
CAP-718		Grand Lake St. Mary's State Park		$	251,882		8055
CAP-719		Indian Lake State Park		$	1,000		8056
CAP-727		Riverfront Improvements		$	1,275,000		8057
CAP-744		Multi-Agency Radio Communication Equipment		$	425,000		8058
CAP-748		Local Parks Projects		$	3,269,000		8059
CAP-821		State Park Dredging and Shoreline Protection		$	14,000		8060
CAP-827		Cuyahoga Valley Scenic Railroad		$	1,000,000		8061
CAP-836		State Parks Renovation/Upgrading		$	350		8062
CAP-876		Statewide Trails Program		$	1,168,398		8063
CAP-927		Mohican State Park		$	96,816		8064
CAP-928		Handicapped Accessibility		$	472,555		8065
CAP-929		Hazardous Waste/Asbestos Abatement		$	49,383		8066
CAP-931		Wastewater/Water Systems Upgrade		$	2,804,375		8067
Total Department of Natural Resources				$	30,102,675		8068
TOTAL Parks and Recreation Improvement Fund				$	30,102,675		8069

CUYAHOGA VALLEY SCENIC RAILROAD

8070

The amount reappropriated for the foregoing appropriation	8071
item CAP-827, Cuyahoga Valley Scenic Railroad, is the unencumbered	8072
and unallotted balance as of June 30, 2004, in appropriation item	8073
CAP-827, Cuyahoga Valley Scenic Railroad, minus $2,716,666.	8074

Section 36.02. That existing Sections 18.02, 18.16, 22,	8075
26.10, 26.14, 26.19, 26.23, 26.48, and 27 of Am. Sub. S.B. 189 of	8076
the 125th General Assembly are hereby repealed.	8077

Section 37.01. That Sections 6 and 31 of Am. Sub. H.B. 95 of	8078
the 125th General Assembly be amended to read as follows:	8079

Sec. 6.  PAY ACCRUED LEAVE LIABILITY

8080

Accrued Leave Liability Fund Group

8081

806	995-666		Accrued Leave Fund		$	70,783,792		$	78,296,200		8082
807	995-667		Disability Fund		$	47,269,465		$	50,098,308		8083
TOTAL ALF Accrued Leave Liability											8084
Fund Group					$	118,053,257		$	128,394,508		8085

Agency Fund Group

8086

808	995-668		State Employee Health Benefit Fund		$	312,724,593		$	371,450,611		8087
809	995-669		Dependent Care Spending Account		$	3,691,169		$	4,060,286		8088
810	995-670		Life Insurance Investment Fund		$	1,925,110		$	1,992,489		8089
811	995-671		Parental Leave Benefit Fund		$	4,350,302		$	4,785,332		8090
813	995-672		Health Care Spending Account		$	0		$	2,000,000		8091
TOTAL AGY Agency Fund Group					$	322,691,174		$	382,288,718 384,288,718		8092

TOTAL ALL BUDGET FUND GROUPS

$

440,744,431

$

510,683,226 512,683,226

8093

ACCRUED LEAVE LIABILITY FUND

8094

The foregoing appropriation item 995-666, Accrued Leave Fund,	8095
shall be used to make payments from the Accrued Leave Liability	8096
Fund (Fund 806), pursuant to section 125.211 of the Revised Code.	8097
If it is determined by the Director of Budget and Management that	8098
additional amounts are necessary, the amounts are appropriated.	8099

STATE EMPLOYEE DISABILITY LEAVE BENEFIT FUND

8100

The foregoing appropriation item 995-667, Disability Fund,	8101
shall be used to make payments from the State Employee Disability	8102
Leave Benefit Fund (Fund 807), pursuant to section 124.83 of the	8103
Revised Code. If it is determined by the Director of Budget and	8104
Management that additional amounts are necessary, the amounts are	8105
appropriated.	8106

STATE EMPLOYEE HEALTH BENEFIT FUND

8107

The foregoing appropriation item 995-668, State Employee	8108
Health Benefit Fund, shall be used to make payments from the State	8109
Employee Health Benefit Fund (Fund 808), pursuant to section	8110
124.87 of the Revised Code. If it is determined by the Director of	8111
Budget and Management that additional amounts are necessary, the	8112
amounts are appropriated.	8113

At the request of the Director of Administrative Services,	8114
the Director of Budget and Management shall transfer up to	8115
$250,000 in cash from the State Employee Health Benefit Fund (Fund	8116
808) to the Health Care Spending Account Fund (Fund 813) during	8117
fiscal year 2005. This cash shall be transferred as needed to	8118
provide an initial operating cash balance for the Health Care	8119
Spending Account Fund and to assure adequate cash flow for the	8120
Health Care Spending Account Fund during fiscal year 2005. Not	8121
later than January 15, 2005, the Director of Administrative	8122
Services shall submit a plan to the Director of Budget and	8123
Management that provides for the repayment during fiscal year 2006	8124
and fiscal year 2007 of all cash transfers made from the State	8125
Employee Health Benefit Fund (Fund 808) to the Health Care	8126
Spending Account Fund (Fund 813) during fiscal year 2005.	8127

DEPENDENT CARE SPENDING ACCOUNT

8128

The foregoing appropriation item 995-669, Dependent Care	8129
Spending Account, shall be used to make payments from the	8130
Dependent Care Spending Account (Fund 809) to employees eligible	8131
for dependent care expenses. If it is determined by the Director	8132
of Budget and Management that additional amounts are necessary,	8133
the amounts are appropriated.	8134

LIFE INSURANCE INVESTMENT FUND

8135

The foregoing appropriation item 995-670, Life Insurance	8136
Investment Fund, shall be used to make payments from the Life	8137
Insurance Investment Fund (Fund 810) for the costs and expenses of	8138
the state's life insurance benefit program pursuant to section	8139
125.212 of the Revised Code. If it is determined by the Director	8140
of Budget and Management that additional amounts are necessary,	8141
the amounts are appropriated.	8142

PARENTAL LEAVE BENEFIT FUND

8143

The foregoing appropriation item 995-671, Parental Leave	8144
Benefit Fund, shall be used to make payments from the Parental	8145
Leave Benefit Fund (Fund 811) to employees eligible for parental	8146
leave benefits pursuant to section 124.137 of the Revised Code. If	8147
it is determined by the Director of Budget and Management that	8148
additional amounts are necessary, the amounts are appropriated.	8149

HEALTH CARE SPENDING ACCOUNT

8150

There is hereby established in the state treasury the Health	8151
Care Spending Account Fund (Fund 813). The foregoing appropriation	8152
item 995-672, Health Care Spending Account, shall be used to make	8153
payments from the fund. The fund shall be under the supervision of	8154
the Department of Administrative Services and shall be used to	8155
make payments pursuant to state employees' participation in a	8156
flexible spending account for non-insured health care expenses	8157
pursuant to Section 125 of the Internal Revenue Code. All income	8158
derived from investment of the fund shall accrue to the fund.	8159

If it is determined by the Director of Administrative	8160
Services that additional appropriation amounts are necessary, the	8161
Director of Administrative Services may request that the Director	8162
of Budget and Management increase such amounts. Such amounts are	8163
hereby appropriated.	8164

Sec. 31.  CEB CONTROLLING BOARD

8165

General Revenue Fund

8166

GRF	911-401		Emergency Purposes/Contingencies		$	5,000,000		$	5,000,000 7,500,000		8167
GRF	911-404		Mandate Assistance		$	1,462,500		$	1,462,500		8168
GRF	911-441		Ballot Advertising Costs		$	887,500		$	487,500		8169
TOTAL GRF General Revenue Fund					$	7,350,000		$	6,950,000 9,450,000		8170

State Special Revenue Fund Group

8171

5E2	911-601		Disaster Services		$	4,000,000		$	0		8172
TOTAL SSR State Special											8173
Revenue Fund Group					$	4,000,000		$	0		8174
TOTAL ALL BUDGET FUND GROUPS					$	11,350,000		$	6,950,000 9,450,000		8175

FEDERAL SHARE

8176

In transferring appropriations to or from appropriation items	8177
that have federal shares identified in this act, the Controlling	8178
Board shall add or subtract corresponding amounts of federal	8179
matching funds at the percentages indicated by the state and	8180
federal division of the appropriations in this actAm. Sub. H.B.	8181
95 of the 125th General Assembly. Such changes are hereby	8182
appropriated.	8183

DISASTER ASSISTANCE

8184

Pursuant to requests submitted by the Department of Public	8185
Safety, the Controlling Board may approve transfers from the	8186
Emergency Purposes Fund to a Department of Public Safety General	8187
Revenue Fund appropriation item to provide funding for assistance	8188
to political subdivisions made necessary by natural disasters or	8189
emergencies. Such transfers may be requested and approved prior to	8190
the occurrence of any specific natural disasters or emergencies in	8191
order to facilitate the provision of timely assistance.	8192

SOUTHERN OHIO CORRECTIONAL FACILITY COST

8193

The Office of Criminal Justice Services and the Public	8194
Defender Commission may each request, upon approval of the	8195
Director of Budget and Management, additional funds from the	8196
Emergency Purposes Fund for costs related to the disturbance that	8197
occurred on April 11, 1993, at the Southern Ohio Correctional	8198
Facility in Lucasville, Ohio.	8199

DISASTER SERVICES

8200

Pursuant to requests submitted by the Department of Public	8201
Safety, the Controlling Board may approve transfers from the	8202
foregoing appropriation item 911-601, Disaster Services, to a	8203
Department of Public Safety General Revenue Fund appropriation	8204
item to provide for assistance to political subdivisions made	8205
necessary by natural disasters or emergencies. These transfers may	8206
be requested and approved prior to the occurrence of any specific	8207
natural disasters or emergencies in order to facilitate the	8208
provision of timely assistance. The Emergency Management Agency of	8209
the Department of Public Safety shall use the funding for disaster	8210
aid requests that meet the Emergency Management Agency's criteria	8211
for assistance.	8212

The foregoing appropriation item 911-601, Disaster Services,	8213
shall be used by the Controlling Board, pursuant to requests	8214
submitted by state agencies, to transfer cash and appropriation	8215
authority to any fund and appropriation item for the payment of	8216
state agency program expenses as follows:	8217

(A) The southern Ohio flooding, referred to as	8218
FEMA-DR-1164-OH;	8219

(B) The flood/storm disaster referred to as FEMA-DR-1227-OH;

8220

(C) The Southern Ohio flooding, referred to as	8221
FEMA-DR-1321-OH;	8222

(D) The flooding referred to as FEMA-DR-1339-OH;

8223

(E) The tornado/storms referred to as FEMA-DR-1343-OH;

8224

(F) Other disasters declared by the Governor, if the Director	8225
of Budget and Management determines that sufficient funds exist	8226
beyond the expected program costs of these disasters.	8227

The unencumbered balance of appropriation item 911-601,	8228
Disaster Services, at the end of fiscal year 2004 is transferred	8229
to fiscal year 2005 for use under the same appropriation item.	8230

MANDATE ASSISTANCE

8231

(A) The foregoing appropriation item 911-404, Mandate	8232
Assistance, shall be used to provide financial assistance to local	8233
units of government, school districts, and fire departments for	8234
the cost of the following three unfunded state mandates:	8235

(1) The cost to county prosecutors for prosecuting certain	8236
felonies that occur on the grounds of state institutions operated	8237
by the Department of Rehabilitation and Correction and the	8238
Department of Youth Services;	8239

(2) The cost, primarily to small villages and townships, of	8240
providing firefighter training and equipment or gear;	8241

(3) The cost to school districts of in-service training for	8242
child abuse detection.	8243

(B) The Department of Commerce, the Office of Criminal	8244
Justice Services, and the Department of Education may prepare and	8245
submit to the Controlling Board one or more requests to transfer	8246
appropriations from appropriation item 911-404, Mandate	8247
Assistance. The state agencies charged with this administrative	8248
responsibility are listed below, as well as the estimated annual	8249
amounts that may be used for each program of state financial	8250
assistance.	8251

		ADMINISTERING		ESTIMATED ANNUAL		8252
PROGRAM		AGENCY		AMOUNT		8253

Prosecution Costs		Office of Criminal		$146,500		8254
		Justice Services				8255
Firefighter Training Costs		Department of Commerce		$731,000		8256
Child Abuse Detection Training Costs		Department of Education		$585,000		8257

(C) Subject to the total amount appropriated in each fiscal	8258
year for appropriation item 911-404, Mandate Assistance, the	8259
Department of Commerce, the Office of Criminal Justice Services,	8260
and the Department of Education may request from the Controlling	8261
Board that amounts smaller or larger than these estimated annual	8262
amounts be transferred to each program.	8263

(D) In addition to making the initial transfers requested by	8264
the Department of Commerce, the Office of Criminal Justice	8265
Services, and the Department of Education, the Controlling Board	8266
may transfer appropriations received by a state agency under this	8267
section back to appropriation item 911-404, Mandate Assistance, or	8268
to one or more of the other programs of state financial assistance	8269
identified under this section.	8270

(E) It is expected that not all costs incurred by local units	8271
of government, school districts, and fire departments under each	8272
of the three programs of state financial assistance identified	8273
under this section will be fully reimbursed by the state.	8274
Reimbursement levels may vary by program and shall be based on:	8275
the relationship between the appropriation transfers requested by	8276
the Department of Commerce, the Office of Criminal Justice	8277
Services, and the Department of Education and provided by the	8278
Controlling Board for each of the programs; the rules and	8279
procedures established for each program by the administering state	8280
agency; and the actual costs incurred by local units of	8281
government, school districts, and fire departments.	8282

(F) Each of these programs of state financial assistance	8283
shall be carried out as follows:	8284

(1) PROSECUTION COSTS

8285

(a) Appropriations may be transferred to the Office of	8286
Criminal Justice Services to cover local prosecution costs for	8287
aggravated murder, murder, felonies of the first degree, and	8288
felonies of the second degree that occur on the grounds of	8289
institutions operated by the Department of Rehabilitation and	8290
Correction and the Department of Youth Services.	8291

(b) Upon a delinquency filing in juvenile court or the return	8292
of an indictment for aggravated murder, murder, or any felony of	8293
the first or second degree that was committed at a Department of	8294
Youth Services or a Department of Rehabilitation and Correction	8295
institution, the affected county may, in accordance with rules	8296
that the Office of Criminal Justice Services shall adopt, apply to	8297
the Office of Criminal Justice Services for a grant to cover all	8298
documented costs that are incurred by the county prosecutor's	8299
office.	8300

(c) Twice each year, the Office of Criminal Justice Services	8301
shall designate counties to receive grants from those counties	8302
that have submitted one or more applications in compliance with	8303
the rules that have been adopted by the Office of Criminal Justice	8304
Services for the receipt of such grants. In each year's first	8305
round of grant awards, if sufficient appropriations have been	8306
made, up to a total of $100,000 may be awarded. In each year's	8307
second round of grant awards, the remaining appropriations	8308
available for this purpose may be awarded.	8309

(d) If for a given round of grants there are insufficient	8310
appropriations to make grant awards to all the eligible counties,	8311
the first priority shall be given to counties with cases involving	8312
aggravated murder and murder; second priority shall be given to	8313
cases involving a felony of the first degree; and third priority	8314
shall be given to cases involving a felony of the second degree.	8315
Within these priorities, the grant awards shall be based on the	8316
order in which the applications were received, except that	8317
applications for cases involving a felony of the first or second	8318
degree shall not be considered in more than two consecutive rounds	8319
of grant awards.	8320

(2) FIREFIGHTER TRAINING COSTS

8321

Appropriations may be transferred to the Department of	8322
Commerce for use as full or partial reimbursement to local units	8323
of government and fire departments for the cost of firefighter	8324
training and equipment or gear. In accordance with rules that the	8325
department shall adopt, a local unit of government or fire	8326
department may apply to the department for a grant to cover all	8327
documented costs that are incurred to provide firefighter training	8328
and equipment or gear. The department shall make grants within the	8329
limits of the funding provided, with priority given to fire	8330
departments that serve small villages and townships.	8331

(3) CHILD ABUSE DETECTION TRAINING COSTS

8332

Appropriations may be transferred to the Department of	8333
Education for disbursement to local school districts as full or	8334
partial reimbursement for the cost of providing in-service	8335
training for child abuse detection. In accordance with rules that	8336
the department shall adopt, a local school district may apply to	8337
the department for a grant to cover all documented costs that are	8338
incurred to provide in-service training for child abuse detection.	8339
The department shall make grants within the limits of the funding	8340
provided.	8341

(G) Any moneys allocated within appropriation item 911-404,	8342
Mandate Assistance, not fully utilized may, upon application of	8343
the Ohio Public Defender Commission, and with the approval of the	8344
Controlling Board, be disbursed to boards of county commissioners	8345
to provide additional reimbursement for the costs incurred by	8346
counties in providing defense to indigent defendants pursuant to	8347
Chapter 120. of the Revised Code.	8348

The amount to be disbursed to each county shall be allocated	8349
proportionately on the basis of the total amount of reimbursement	8350
paid to each county as a percentage of the amount of reimbursement	8351
paid to all of the counties during the most recent state fiscal	8352
year for which data is available and as calculated by the Ohio	8353
Public Defender Commission.	8354

BALLOT ADVERTISING COSTS

8355

Pursuant to requests submitted by the Ohio Ballot Board, the	8356
Controlling Board shall approve transfers from the foregoing	8357
appropriation item 911-441, Ballot Advertising Costs, to an Ohio	8358
Ballot Board appropriation item in order to reimburse county	8359
boards of elections for the cost of public notices associated with	8360
statewide ballot initiatives.	8361

Of the foregoing appropriation item 911-441, Ballot	8362
Advertising Costs, the Director of Budget and Management shall	8363
transfer any amounts that are not needed for the purpose of	8364
reimbursing county boards of elections for the cost of public	8365
notices associated with statewide ballot initiatives to	8366
appropriation item 911-404, Mandate Assistance.	8367

Section 37.02. That existing Sections 6 and 31 of Am. Sub.	8368
H.B. 95 of the 125th General Assembly are hereby repealed.	8369

Section 37.03. The amendments by this act of Sections 6 and	8370
31 of Am. Sub. H.B. 95 of the 125th General Assembly are not	8371
subject to the referendum. Therefore, under Ohio Constitution,	8372
Article II, Section 1d and section 1.471 of the Revised Code, the	8373
amendments go into immediate effect when this act becomes law.	8374

Section 37.04. That Sections 89, 89.04, and 89.08 of Am. Sub.	8375
H.B. 95 of the 125th General Assembly, as amended by Am. Sub. S.B.	8376
189 of the 125th General Assembly, be amended to read as follows:	8377

Sec. 89. BOR BOARD OF REGENTS

8378

General Revenue Fund

8379

GRF	235-321		Operating Expenses		$	3,336,284		$	2,767,219		8380
GRF	235-401		Lease Rental Payments		$	246,500,700		$	216,836,400		8381
GRF	235-402		Sea Grants		$	274,895		$	274,895		8382
GRF	235-403		Math/Science Teaching Improvement		$	1,757,614		$	1,757,614		8383
GRF	235-404		College Readiness Initiatives		$	3,152,603		$	3,401,759		8384
GRF	235-406		Articulation and Transfer		$	733,200		$	733,200		8385
GRF	235-408		Midwest Higher Education Compact		$	82,500		$	82,500		8386
GRF	235-409		Information System		$	1,185,879		$	1,154,671		8387
GRF	235-414		State Grants and Scholarship Administration		$	1,219,719		$	1,211,373		8388
GRF	235-415		Jobs Challenge		$	9,348,300		$	9,348,300		8389
GRF	235-417		Ohio Learning Network		$	3,413,046		$	3,327,720		8390
GRF	235-418		Access Challenge		$	67,568,622		$	67,568,622		8391
GRF	235-420		Success Challenge		$	51,113,077		$	56,113,077		8392
GRF	235-428		Appalachian New Economy Partnership		$	1,179,893		$	1,147,895		8393
GRF	235-451		Eminent Scholars		$	0		$	1,462,500		8394
GRF	235-454		Research Challenge		$	18,330,000		$	18,330,000		8395
GRF	235-455		EnterpriseOhio Network		$	1,505,262		$	1,465,650		8396
GRF	235-474		Area Health Education Centers Program Support		$	1,722,226		$	1,676,670		8397
GRF	235-477		Access Improvement Projects		$	1,048,664		$	1,080,124		8398
GRF	235-501		State Share of Instruction		$	1,534,189,277		$	1,559,096,031		8399
GRF	235-502		Student Support Services		$	870,675		$	848,908		8400
GRF	235-503		Ohio Instructional Grants		$	111,966,343		$	115,325,333		8401
GRF	235-504		War Orphans Scholarships		$	4,672,321		$	4,672,321		8402
GRF	235-507		OhioLINK		$	7,028,392		$	7,028,392		8403
GRF	235-508		Air Force Institute of Technology		$	2,096,523		$	2,053,860		8404
GRF	235-509		Displaced Homemakers		$	204,865		$	199,743		8405
GRF	235-510		Ohio Supercomputer Center		$	4,208,472		$	4,103,260		8406
GRF	235-511		Cooperative Extension Service		$	25,644,863		$	25,644,863		8407
GRF	235-513		Ohio University Voinovich Center		$	311,977		$	305,178		8408
GRF	235-514		Central State Supplement		$	11,039,203		$	11,039,203		8409
GRF	235-515		Case Western Reserve University School of Medicine		$	3,303,612		$	3,212,271		8410
GRF	235-518		Capitol Scholarship Programs		$	245,000		$	245,000		8411
GRF	235-519		Family Practice		$	5,529,432		$	5,391,196		8412
GRF	235-520		Shawnee State Supplement		$	2,082,289		$	2,082,289		8413
GRF	235-521		The Ohio State University Glenn Institute		$	311,977		$	305,178		8414
GRF	235-524		Police and Fire Protection		$	209,046		$	203,819		8415
GRF	235-525		Geriatric Medicine		$	820,696		$	800,179		8416
GRF	235-526		Primary Care Residencies		$	2,730,013		$	2,661,762		8417
GRF	235-527		Ohio Aerospace Institute		$	1,933,607		$	1,882,767		8418
GRF	235-530		Academic Scholarships		$	7,800,000		$	7,800,000		8419
GRF	235-531		Student Choice Grants		$	52,139,646		$	52,139,646		8420
GRF	235-534		Student Workforce Development Grants		$	2,437,500		$	2,437,500		8421
GRF	235-535		Ohio Agricultural Research and Development Center		$	35,830,188		$	35,830,188		8422
GRF	235-536		The Ohio State University Clinical Teaching		$	13,565,885		$	13,565,885		8423
GRF	235-537		University of Cincinnati Clinical Teaching		$	11,157,756		$	11,157,756		8424
GRF	235-538		Medical College University of Ohio at Toledo Clinical Teaching		$	8,696,866		$	8,696,866		8425
GRF	235-539		Wright State University Clinical Teaching		$	4,225,107		$	4,225,107		8426
GRF	235-540		Ohio University Clinical Teaching		$	4,084,540		$	4,084,540		8427
GRF	235-541		Northeastern Ohio Universities College of Medicine Clinical Teaching		$	4,200,945		$	4,200,945		8428
GRF	235-543		Ohio College of Podiatric Medicine Clinical Subsidy		$	424,033		$	424,033		8429
GRF	235-547		School of International Business		$	1,264,611		$	1,232,996		8430
GRF	235-549		Part-time Student Instructional Grants		$	14,036,622		$	14,457,721		8431
GRF	235-552		Capital Component		$	18,711,936		$	18,711,936		8432
GRF	235-553		Dayton Area Graduate Studies Institute		$	3,074,550		$	2,993,937		8433
GRF	235-554		Computer Science Graduate Education		$	2,577,209		$	2,512,779		8434
GRF	235-555		Library Depositories		$	1,775,467		$	1,731,080		8435
GRF	235-556		Ohio Academic Resources Network		$	3,657,009		$	3,803,289		8436
GRF	235-558		Long-term Care Research		$	230,906		$	225,134		8437
GRF	235-561		Bowling Green State University Canadian Studies Center		$	121,586		$	118,546		8438
GRF	235-572		The Ohio State University Clinic Support		$	1,400,394		$	1,362,259		8439
GRF	235-583		Urban University Programs		$	5,692,236		$	5,553,506		8440
GRF	235-585		Ohio University Innovation Center		$	41,596		$	40,556		8441
GRF	235-587		Rural University Projects		$	1,224,510		$	1,224,510		8442
GRF	235-588		Ohio Resource Center for Mathematics, Science, and Reading		$	853,262		$	853,262		8443
GRF	235-595		International Center for Water Resources Development		$	137,352		$	133,918		8444
GRF	235-596		Hazardous Materials Program		$	339,647		$	331,156		8445
GRF	235-599		National Guard Scholarship Program		$	14,752,916		$	16,078,208		8446
GRF	235-909		Higher Education General Obligation Debt Service		$	97,668,000		$	130,967,600		8447
TOTAL GRF General Revenue Fund					$	2,444,993,342		$	2,483,736,601		8448

General Services Fund Group

8449

220	235-614		Program Approval and Reauthorization		$	400,000		$	400,000		8450
456	235-603		Sales and Services		$	500,002		$	500,003		8451
TOTAL GSF General Services											8452
Fund Group					$	900,002		$	900,003		8453

Federal Special Revenue Fund Group

8454

3H2	235-608		Human Services Project		$	1,500,000		$	1,500,000		8455
3N6	235-605		State Student Incentive Grants		$	2,196,680		$	2,196,680		8456
3T0	235-610		National Health Service Corps - Ohio Loan Repayment		$	150,001		$	150,001		8457
312	235-609		Tech Prep		$	183,850		$	183,850		8458
312	235-611		Gear-up Grant		$	1,478,245		$	1,370,691		8459
312	235-612		Carl D. Perkins Grant/Plan Administration		$	112,960		$	112,960		8460
312	235-615		Professional Development		$	523,129		$	523,129		8461
312	235-616		Workforce Investment Act Administration		$	850,000		$	850,000		8462
312	235-631		Federal Grants		$	3,444,949		$	3,150,590		8463
TOTAL FED Federal Special Revenue											8464
Fund Group					$	10,439,814		$	10,037,901		8465

State Special Revenue Fund Group

8466

4E8	235-602		Higher Educational Facility Commission Administration		$	20,000		$	20,000		8467
4P4	235-604		Physician Loan Repayment		$	476,870		$	476,870		8468
649	235-607		The Ohio State University Highway/Transportation Research		$	760,000		$	760,000		8469
682	235-606		Nursing Loan Program		$	893,000		$	893,000		8470
TOTAL SSR State Special Revenue											8471
Fund Group					$	2,149,870		$	2,149,870		8472
TOTAL ALL BUDGET FUND GROUPS					$	2,458,483,028		$	2,496,824,375		8473

Sec. 89.04. STATE SHARE OF INSTRUCTION

8475

As soon as practicable during each fiscal year of the	8476
2003-2005 biennium in accordance with instructions of the Board of	8477
Regents, each state-assisted institution of higher education shall	8478
report its actual enrollment to the Board of Regents.	8479

The Board of Regents shall establish procedures required by	8480
the system of formulas set out below and for the assignment of	8481
individual institutions to categories described in the formulas.	8482
The system of formulas establishes the manner in which aggregate	8483
expenditure requirements shall be determined for each of the three	8484
components of institutional operations. In addition to other	8485
adjustments and calculations described below, the subsidy	8486
entitlement of an institution shall be determined by subtracting	8487
from the institution's aggregate expenditure requirements income	8488
to be derived from the local contributions assumed in calculating	8489
the subsidy entitlements. The local contributions for purposes of	8490
determining subsidy support shall not limit the authority of the	8491
individual boards of trustees to establish fee levels.	8492

The General Studies and Technical models shall be adjusted by	8493
the Board of Regents so that the share of state subsidy earned by	8494
those models is not altered by changes in the overall local share.	8495
A lower-division fee differential shall be used to maintain the	8496
relationship that would have occurred between these models and the	8497
baccalaureate models had an assumed share of 37 per cent been	8498
funded.	8499

In defining the number of full-time equivalent (FTE) students	8500
for state subsidy purposes, the Board of Regents shall exclude all	8501
undergraduate students who are not residents of Ohio, except those	8502
charged in-state fees in accordance with reciprocity agreements	8503
made pursuant to section 3333.17 of the Revised Code or employer	8504
contracts entered into pursuant to section 3333.32 of the Revised	8505
Code.	8506

(A) AGGREGATE EXPENDITURE PER FULL-TIME EQUIVALENT STUDENT

8507

(1) INSTRUCTION AND SUPPORT SERVICES

8508

MODEL	FY 2004	FY 2005		8509
General Studies I	$ 4,947	$ 4,983		8510
General Studies II	$ 5,323	$ 5,336		8511
General Studies III	$ 6,883	$ 7,120		8512
Technical I	$ 5,913	$ 6,137		8513
Technical III	$ 9,522	$ 10,026		8514
Baccalaureate I	$ 7,623	$ 7,721		8515
Baccalaureate II	$ 8,584	$ 8,864		8516
Baccalaureate III	$ 12,559	$ 12,932		8517
Masters and Professional I	$ 15,867	$ 18,000		8518
Masters and Professional II	$ 20,861	$ 22,141		8519
Masters and Professional III	$ 27,376	$ 28,190		8520
Medical I	$ 30,867	$ 31,819		8521
Medical II	$ 41,495	$ 41,960		8522
MPD I	$ 14,938	$ 14,966		8523

(2) STUDENT SERVICES

8524

For this purpose, FTE counts shall be weighted to reflect	8525
differences among institutions in the numbers of students enrolled	8526
on a part-time basis. The student services subsidy per FTE shall	8527
be $822 in fiscal year 2004 and $903 in fiscal year 2005 for all	8528
models.	8529

(B) PLANT OPERATION AND MAINTENANCE (POM)

8530

(1) DETERMINATION OF THE SQUARE-FOOT-BASED POM SUBSIDY

8531

Space undergoing renovation shall be funded at the rate	8532
allowed for storage space.	8533

In the calculation of square footage for each campus, square	8534
footage shall be weighted to reflect differences in space	8535
utilization.	8536

The space inventories for each campus shall be those	8537
determined in the fiscal year 2003 state share of instruction	8538
calculation, adjusted for changes attributable to the construction	8539
or renovation of facilities for which state appropriations were	8540
made or local commitments were made prior to January 1, 1995.	8541

Only 50 per cent of the space permanently taken out of	8542
operation in fiscal year 2004 or fiscal year 2005 that is not	8543
otherwise replaced by a campus shall be deleted from the plant	8544
operation and maintenance space inventory.	8545

The square-foot-based plant operation and maintenance subsidy	8546
for each campus shall be determined as follows:	8547

(a) For each standard room type category shown below, the	8548
subsidy-eligible net assignable square feet (NASF) for each campus	8549
shall be multiplied by the following rates, and the amounts summed	8550
for each campus to determine the total gross square-foot-based POM	8551
expenditure requirement:	8552

	FY 2004	FY 2005		8553
Classrooms	$5.80	$6.04		8554
Laboratories	$7.22	$7.53		8555
Offices	$5.80	$6.04		8556
Audio Visual Data Processing	$7.22	$7.53		8557
Storage	$2.57	$2.68		8558
Circulation	$7.31	$7.62		8559
Other	$5.80	$6.04		8560

(b) The total gross square-foot POM expenditure requirement	8561
shall be allocated to models in proportion to each campus's	8562
activity-based POM weight multiplied by the two- or five-year	8563
average subsidy-eligible FTEs for all models.	8564

(c) The amounts allocated to models in division (B)(1)(b) of	8565
this section shall be multiplied by the ratio of subsidy-eligible	8566
FTE students to total FTE students reported in each model, and the	8567
amounts summed for all models. To this total amount shall be added	8568
an amount to support roads and grounds expenditures, which shall	8569
also be multiplied by the ratio of subsidy-eligible FTE students	8570
to total FTEs reported for each model. From this total amount, the	8571
amounts for Doctoral I and Doctoral II shall be subtracted to	8572
produce the square-foot-based POM subsidy.	8573

(2) DETERMINATION OF THE ACTIVITY-BASED POM SUBSIDY

8574

(a) The number of subsidy-eligible FTE students in each model	8575
shall be multiplied by the following rates for each campus for	8576
each fiscal year.	8577

	FY 2004	FY 2005		8578
General Studies I	$ 552	$ 560		8579
General Studies II	$ 696	$ 705		8580
General Studies III	$1,608	$1,651		8581
Technical I	$ 777	$ 806		8582
Technical III	$1,501	$1,570		8583
Baccalaureate I	$ 700	$ 706		8584
Baccalaureate II	$1,250	$1,232		8585
Baccalaureate III	$1,520	$1,458		8586
Masters and Professional I	$1,258	$1,301		8587
Masters and Professional II	$2,817	$2,688		8588
Masters and Professional III	$3,832	$3,712		8589
Medical I	$2,663	$2,669		8590
Medical II	$3,837	$4,110		8591
MPD I	$1,213	$1,233		8592

(b) The sum of the products for each campus determined in	8593
division (B)(2)(a) of this section for all models except Doctoral	8594
I and Doctoral II for each fiscal year shall be weighted by a	8595
factor to reflect sponsored research activity and job	8596
training-related public services expenditures to determine the	8597
total activity-based POM subsidy.	8598

(C) CALCULATION OF CORE SUBSIDY ENTITLEMENTS AND ADJUSTMENTS

8599

(1) CALCULATION OF CORE SUBSIDY ENTITLEMENTS

8600

The calculation of the core subsidy entitlement shall consist	8601
of the following components:	8602

(a) For each campus and for each fiscal year, the core	8603
subsidy entitlement shall be determined by multiplying the amounts	8604
listed above in divisions (A)(1) and (2) and (B)(2) of this	8605
section less assumed local contributions, by (i) average	8606
subsidy-eligible FTEs for the two-year period ending in the prior	8607
year for all models except Doctoral I and Doctoral II; and (ii)	8608
average subsidy-eligible FTEs for the five-year period ending in	8609
the prior year for all models except Doctoral I and Doctoral II.	8610

(b) In calculating the core subsidy entitlements for Medical	8611
II models only, the Board of Regents shall use the following count	8612
of FTE students:	8613

(i) For those medical schools whose current year enrollment,	8614
including students repeating terms, is below the base enrollment,	8615
the Medical II FTE enrollment shall equal: 65 per cent of the base	8616
enrollment plus 35 per cent of the current year enrollment	8617
including students repeating terms, where the base enrollment is:	8618

	The Ohio State University		1010		8619
	University of Cincinnati		833		8620
	Medical College University of Ohio at Toledo		650		8621
	Wright State University		433		8622
	Ohio University		433		8623
	Northeastern Ohio Universities College of Medicine		433		8624

(ii) For those medical schools whose current year enrollment,	8625
excluding students repeating terms, is equal to or greater than	8626
the base enrollment, the Medical II FTE enrollment shall equal the	8627
base enrollment plus the FTE for repeating students.	8628

(iii) Students repeating terms may be no more than five per	8629
cent of current year enrollment.	8630

(c) The Board of Regents shall compute the sum of the two	8631
calculations listed in division (C)(1)(a) of this section and use	8632
the greater sum as the core subsidy entitlement.	8633

The POM subsidy for each campus shall equal the greater of	8634
the square-foot-based subsidy or the activity-based POM subsidy	8635
component of the core subsidy entitlement.	8636

(d) The state share of instruction provided for doctoral	8637
students shall be based on a fixed percentage of the total	8638
appropriation. In each fiscal year of the biennium not more than	8639
10.34 per cent of the total state share of instruction shall be	8640
reserved to implement the recommendations of the Graduate Funding	8641
Commission. It is the intent of the General Assembly that the	8642
doctoral reserve not exceed 10.34 per cent of the total state	8643
share of instruction to implement the recommendations of the	8644
Graduate Funding Commission. The Board of Regents may reallocate	8645
up to two per cent in each fiscal year of the reserve among the	8646
state-assisted universities on the basis of a quality review as	8647
specified in the recommendations of the Graduate Funding	8648
Commission. No such reallocation shall occur unless the Board of	8649
Regents, in consultation with representatives of state-assisted	8650
universities, determines that sufficient funds are available for	8651
this purpose.	8652

The amount so reserved shall be allocated to universities in	8653
proportion to their share of the total number of Doctoral I	8654
equivalent FTEs as calculated on an institutional basis using the	8655
greater of the two-year or five-year FTEs for the period fiscal	8656
year 1994 through fiscal year 1998 with annualized FTEs for fiscal	8657
years 1994 through 1997 and all-term FTEs for fiscal year 1998 as	8658
adjusted to reflect the effects of doctoral review and subsequent	8659
changes in Doctoral I equivalent enrollments. For the purposes of	8660
this calculation, Doctoral I equivalent FTEs shall equal the sum	8661
of Doctoral I FTEs plus 1.5 times the sum of Doctoral II FTEs.	8662

(2) ANNUAL STATE SHARE OF INSTRUCTION FUNDING GUARANTEE

8663

In addition to and after the other adjustment noted above, in	8664
fiscal year 2004, no campus shall receive a state share of	8665
instruction allocation that is less than 100 per cent of the prior	8666
year's state share of instruction amount. In fiscal year 2005, no	8667
campus shall receive a state share of instruction allocation that	8668
is less than 99 per cent of what that campus' state share of	8669
instruction would have been had the allocation in fiscal year 2004	8670
been not less than 99 per cent, rather than 100 per cent, of the	8671
prior year's state share of instruction amount.	8672

(3) CAPITAL COMPONENT DEDUCTION

8673

After all other adjustments have been made, state share of	8674
instruction earnings shall be reduced for each campus by the	8675
amount, if any, by which debt service charged in Am. H.B. No. 748	8676
of the 121st General Assembly, Am. Sub. H.B. No. 850 of the 122nd	8677
General Assembly, Am. H.B. No. 640 of the 123rd General Assembly,	8678
and H.B. No. 675 of the 124th General Assembly for that campus	8679
exceeds that campus's capital component earnings. The sum of the	8680
amounts deducted shall be transferred to appropriation item	8681
235-552, Capital Component, in each fiscal year.	8682

(D) REDUCTIONS IN EARNINGS

8683

If the total state share of instruction earnings in any	8684
fiscal year exceed the total appropriations available for such	8685
purposes, the Board of Regents shall proportionately reduce the	8686
state share of instruction earnings for all campuses by a uniform	8687
percentage so that the system wide sum equals available	8688
appropriations.	8689

(E) EXCEPTIONAL CIRCUMSTANCES

8690

Adjustments may be made to the state share of instruction	8691
payments and other subsidies distributed by the Board of Regents	8692
to state-assisted colleges and universities for exceptional	8693
circumstances. No adjustments for exceptional circumstances may be	8694
made without the recommendation of the Chancellor and the approval	8695
of the Controlling Board.	8696

(F) MID-YEAR APPROPRIATION REDUCTIONS TO THE STATE SHARE OF	8697
INSTRUCTION	8698

The standard provisions of the state share of instruction	8699
calculation as described in the preceding sections of temporary	8700
law shall apply to any reductions made to appropriation line item	8701
235-501, State Share of Instruction, before the Board of Regents	8702
has formally approved the final allocation of the state share of	8703
instruction funds for any fiscal year.	8704

Any reductions made to appropriation line item 235-501, State	8705
Share of Instruction, after the Board of Regents has formally	8706
approved the final allocation of the state share of instruction	8707
funds for any fiscal year, shall be uniformly applied to each	8708
campus in proportion to its share of the final allocation.	8709

(G) DISTRIBUTION OF STATE SHARE OF INSTRUCTION

8710

The state share of instruction payments to the institutions	8711
shall be in substantially equal monthly amounts during the fiscal	8712
year, unless otherwise determined by the Director of Budget and	8713
Management pursuant to section 126.09 of the Revised Code.	8714
Payments during the first six months of the fiscal year shall be	8715
based upon the state share of instruction appropriation estimates	8716
made for the various institutions of higher education according to	8717
Board of Regents enrollment estimates. Payments during the last	8718
six months of the fiscal year shall be distributed after approval	8719
of the Controlling Board upon the request of the Board of Regents.	8720

(H) LAW SCHOOL SUBSIDY

8721

The state share of instruction to state-supported	8722
universities for students enrolled in law schools in fiscal year	8723
2004 and fiscal year 2005 shall be calculated by using the number	8724
of subsidy-eligible FTE law school students funded by state	8725
subsidy in fiscal year 1995 or the actual number of	8726
subsidy-eligible FTE law school students at the institution in the	8727
fiscal year, whichever is less.	8728

Sec. 89.08. CASE WESTERN RESERVE UNIVERSITY SCHOOL OF	8729
MEDICINE	8730

The foregoing appropriation item 235-515, Case Western	8731
Reserve University School of Medicine, shall be disbursed to Case	8732
Western Reserve University through the Board of Regents in	8733
accordance with agreements entered into as provided for by section	8734
3333.10 of the Revised Code, provided that the state support per	8735
full-time medical student shall not exceed that provided to	8736
full-time medical students at state universities.	8737

CAPITAL SCHOLARSHIP PROGRAM

8738

The foregoing appropriation item 235-518, Capital Scholarship	8739
Program, shall be used by the Board of Regents to provide	8740
scholarships to undergraduates of Ohio's four-year public and	8741
private institutions of higher education participating in the	8742
Washington Center Internship Program. A scholarship of $1,800	8743
shall be awarded to students enrolled in an institution operating	8744
on a quarter system, and a scholarship of $2,300 shall be awarded	8745
to students enrolled in an institution operating on a semester	8746
system. The number of scholarships awarded shall be limited by the	8747
amounts appropriated in fiscal years 2004 and 2005. The Washington	8748
Center shall match the scholarships awarded to students as	8749
follows: $1,200 for students enrolled in an institution operating	8750
on a quarter system, and $1,700 for students enrolled in an	8751
institution operating on a semester system.	8752

FAMILY PRACTICE, GERIATRIC MEDICINE, AND PRIMARY CARE	8753
RESIDENCIES	8754

The Board of Regents shall develop plans consistent with	8755
existing criteria and guidelines as may be required for the	8756
distribution of appropriation items 235-519, Family Practice,	8757
235-525, Geriatric Medicine, and 235-526, Primary Care	8758
Residencies.	8759

SHAWNEE STATE SUPPLEMENT

8760

The foregoing appropriation item 235-520, Shawnee State	8761
Supplement, shall be used by Shawnee State University as detailed	8762
by both of the following:	8763

(A) To allow Shawnee State University to keep its	8764
undergraduate fees below the statewide average, consistent with	8765
its mission of service to an economically depressed Appalachian	8766
region;	8767

(B) To allow Shawnee State University to employ new faculty	8768
to develop and teach in new degree programs that meet the needs of	8769
Appalachians.	8770

POLICE AND FIRE PROTECTION

8771

The foregoing appropriation item 235-524, Police and Fire	8772
Protection, shall be used for police and fire services in the	8773
municipalities of Kent, Athens, Oxford, Fairborn, Bowling Green,	8774
Portsmouth, Xenia Township (Greene County), Rootstown Township,	8775
and the City of Nelsonville that may be used to assist these local	8776
governments in providing police and fire protection for the	8777
central campus of the state-affiliated university located therein.	8778
Each participating municipality and township shall receive at	8779
least $5,000 each year. Funds shall be distributed according to	8780
the methodology employed by the Board of Regents in the previous	8781
biennium.	8782

PRIMARY CARE RESIDENCIES

8783

The foregoing appropriation item 235-526, Primary Care	8784
Residencies, shall be distributed in each fiscal year of the	8785
biennium, based on whether or not the institution has submitted	8786
and gained approval for a plan. If the institution does not have	8787
an approved plan, it shall receive five per cent less funding per	8788
student than it would have received from its annual allocation.	8789
The remaining funding shall be distributed among those	8790
institutions that meet or exceed their targets.	8791

OHIO AEROSPACE INSTITUTE

8792

The foregoing appropriation item 235-527, Ohio Aerospace	8793
Institute, shall be distributed by the Board of Regents under	8794
section 3333.042 of the Revised Code.	8795

ACADEMIC SCHOLARSHIPS

8796

The foregoing appropriation item 235-530, Academic	8797
Scholarships, shall be used to provide academic scholarships to	8798
students under section 3333.22 of the Revised Code.	8799

STUDENT CHOICE GRANTS

8800

The foregoing appropriation item 235-531, Student Choice	8801
Grants, shall be used to support the Student Choice Grant Program	8802
created by section 3333.27 of the Revised Code. The unencumbered	8803
balance of appropriation item 235-531, Student Choice Grants, at	8804
the end of fiscal year 2004 shall be transferred to fiscal year	8805
2005 for use under the same appropriation item to maintain grant	8806
award amounts in fiscal year 2005 equal to the awards provided in	8807
fiscal year 2004. The amounts transferred are hereby appropriated.	8808

STUDENT WORKFORCE DEVELOPMENT GRANTS

8809

The foregoing appropriation item 235-534, Student Workforce	8810
Development Grants, shall be used to support the Student Workforce	8811
Development Grant Program. Of the appropriated funds available,	8812
the Board of Regents shall distribute grants to each eligible	8813
student in an academic year. The size of each grant award shall be	8814
determined by the Board of Regents based on the amount of funds	8815
available for the program.	8816

OHIO AGRICULTURAL RESEARCH AND DEVELOPMENT CENTER

8817

The foregoing appropriation item 235-535, Ohio Agricultural	8818
Research and Development Center, shall be disbursed through the	8819
Board of Regents to The Ohio State University in monthly payments,	8820
unless otherwise determined by the Director of Budget and	8821
Management pursuant to section 126.09 of the Revised Code. The	8822
Ohio Agricultural Research and Development Center shall not be	8823
required to remit payment to The Ohio State University during the	8824
2003-2005 biennium for cost reallocation assessments. The cost	8825
reallocation assessments include, but are not limited to, any	8826
assessment on state appropriations to the center. The Ohio	8827
Agricultural Research and Development Center, in conjunction with	8828
the Third Frontier Commission, shall provide for an independently	8829
evaluated self-study of research excellence and commercial	8830
relevance in a manner to be prescribed by the Third Frontier	8831
Commission.	8832

Of the foregoing appropriation item 235-535, Ohio	8833
Agricultural Research and Development Center, $470,164 in fiscal	8834
year 2004 and $458,410 in fiscal year 2005 shall be used to	8835
purchase equipment.	8836

Of the foregoing appropriation item 235-535, Ohio	8837
Agricultural Research and Development Center, $827,141 in fiscal	8838
year 2004 and $806,463 in fiscal year 2005 shall be distributed to	8839
the Piketon Agricultural Research and Extension Center.	8840

Of the foregoing appropriation item 235-535, Ohio	8841
Agricultural Research and Development Center, $217,669 in fiscal	8842
year 2004 and $212,227 in fiscal year 2005 shall be distributed to	8843
the Raspberry/Strawberry-Ellagic Acid Research program at The Ohio	8844
State University Medical College in cooperation with The Ohio	8845
State University College of Agriculture.	8846

Of the foregoing appropriation item 235-535, Ohio	8847
Agricultural Research and Development Center, $43,534 in fiscal	8848
year 2004 and $42,445 in fiscal year 2005 shall be used to support	8849
the Ohio Berry Administrator.	8850

Of the foregoing appropriation item 235-535, Ohio	8851
Agricultural Research and Development Center, $87,067 in fiscal	8852
year 2004 and $84,890 in fiscal year 2005 shall be used for the	8853
development of agricultural crops and products not currently in	8854
widespread production in Ohio, in order to increase the income and	8855
viability of family farmers.	8856

STATE UNIVERSITY CLINICAL TEACHING

8857

The foregoing appropriation items 235-536, The Ohio State	8858
University Clinical Teaching; 235-537, University of Cincinnati	8859
Clinical Teaching; 235-538, Medical CollegeUniversity of Ohio at	8860
Toledo Clinical Teaching; 235-539, Wright State University	8861
Clinical Teaching; 235-540, Ohio University Clinical Teaching; and	8862
235-541, Northeastern Ohio Universities College of Medicine	8863
Clinical Teaching, shall be distributed through the Board of	8864
Regents.	8865

Of the foregoing appropriation item 235-539, Wright State	8866
University Clinical Teaching, $124,644 in each fiscal year of the	8867
biennium shall be for the use of Wright State University's Ellis	8868
Institute for Clinical Teaching Studies to operate the clinical	8869
facility to serve the Greater Dayton area.	8870

SCHOOL OF INTERNATIONAL BUSINESS

8871

Of the foregoing appropriation item 235-547, School of	8872
International Business, $901,975 in fiscal year 2004 and $879,426	8873
in fiscal year 2005 shall be used for the continued development	8874
and support of the School of International Business of the state	8875
universities of northeast Ohio. The money shall go to the	8876
University of Akron. These funds shall be used by the university	8877
to establish a School of International Business located at the	8878
University of Akron. It may confer with Kent State University,	8879
Youngstown State University, and Cleveland State University as to	8880
the curriculum and other matters regarding the school.	8881

Of the foregoing appropriation item 235-547, School of	8882
International Business, $181,318 in fiscal year 2004 and $176,785	8883
in fiscal year 2005 shall be used by the University of Toledo	8884
College of Business for expansion of its international business	8885
programs.	8886

Of the foregoing appropriation item 235-547, School of	8887
International Business, $181,318 in fiscal year 2004 and $176,785	8888
in fiscal year 2005 shall be used to support The Ohio State	8889
University BioMEMS program.	8890

PART-TIME STUDENT INSTRUCTIONAL GRANTS

8891

The foregoing appropriation item 235-549, Part-time Student	8892
Instructional Grants, shall be used to support a grant program for	8893
part-time undergraduate students who are Ohio residents and who	8894
are enrolled in degree granting programs.	8895

Eligibility for participation in the program shall include	8896
degree granting educational institutions that hold a certificate	8897
of registration from the State Board of Career Colleges and	8898
Schools, and nonprofit institutions that have a certificate of	8899
authorization issued pursuant to Chapter 1713. of the Revised	8900
Code, as well as state-assisted colleges and universities. Grants	8901
shall be given to students on the basis of need, as determined by	8902
the college, which, in making these determinations, shall give	8903
special consideration to single-parent heads-of-household and	8904
displaced homemakers who enroll in an educational degree program	8905
that prepares the individual for a career. In determining need,	8906
the college also shall consider the availability of educational	8907
assistance from a student's employer. It is the intent of the	8908
General Assembly that these grants not supplant such assistance.	8909

Section 37.05. That existing Sections 89, 89.04, and 89.08 of	8910
Am. Sub. H.B. 95 of the 125th General Assembly, as amended by Am.	8911
Sub. S.B. 189 of the 125th General Assembly, are hereby repealed.	8912

Section 38.01. Notwithstanding sections 101.02 and 101.27 of	8913
the Revised Code, the term of office of the members of the Senate	8914
elected majority floor leader, assistant majority floor leader,	8915
and assistant majority whip shall be deemed to begin on the	8916
effective date of this section. Each such member shall receive,	8917
during the remainder of calendar year 2005, salary payments equal	8918
to the amounts paid under section 101.27 of the Revised Code to	8919
the members of the House of Representatives elected majority floor	8920
leader, assistant majority floor leader, and assistant majority	8921
whip, respectively, during the remainder of calendar year 2005.	8922
For calendar year 2006, they shall receive an annual salary that	8923
is equal to the annual salary prescribed under section 101.27 of	8924
the Revised Code for the members of the House of Representatives	8925
elected majority floor leader, assistant majority floor leader,	8926
and assistant majority whip, respectively.	8927

This section is not subject to the referendum. Therefore,	8928
under Ohio Constitution, Article II, Section 1d and section 1.471	8929
of the Revised Code, this section goes into immediate effect when	8930
this act becomes law.	8931

Section 39.01. Sections 151.01, 154.01, 154.02, 154.07,	8932
154.23, 3383.02, and 3383.07 of the Revised Code, as amended or	8933
enacted by this act, and Sections 39.02, 39.03, and 39.04 of this	8934
act take effect on July 1, 2005.	8935

Section 39.02. (A) All with respect to bonds of the state	8936
previously authorized and issued by the Treasurer of State to	8937
finance all or a portion of the costs of local subdivision capital	8938
improvement projects as provided for in Sections 2k and 2m of	8939
Article VIII, Ohio Constitution, and Chapter 151. of the Revised	8940
Code, including particularly Sections 151.01, 151.02, and 151.08	8941
thereof, and prior authorizations in Chapter 164. of the Revised	8942
Code (referred to in this section as "superseded matters"), on the	8943
effective date of this section:	8944

(1) The Ohio Public Facilities Commission shall succeed to	8945
and have and perform all the duties, powers, obligations, and	8946
functions, and have all the rights, of the Treasurer of State or	8947
that officer's employees as provided in or pursuant to orders	8948
relating to those bonds and those bonds themselves. All	8949
appropriations previously made to or for the purposes of the	8950
performance of those duties, powers, obligations, and functions	8951
and exercise of those rights, to the extent of remaining	8952
unexpended or unencumbered balances, are hereby transferred to and	8953
made available for use and expenditure by the Commission for	8954
purposes of performing the same duties, powers, obligations, and	8955
functions and exercising the same rights for which originally	8956
appropriated or reappropriated.	8957

(2) All related agreements and covenants of the Treasurer of	8958
State and the basic instruments and bonds, shall be and be	8959
considered as agreements and covenants of and binding upon the	8960
Commission.	8961

(3) The transfer and supersession provided for in this act	8962
does not affect the validity of any agreement or covenant, or	8963
resolution or order, or bonds, or related documents, authorized,	8964
entered into or issued by the Treasurer of State under the	8965
superseded matters, and nothing in this section or in the	8966
amendment by this act of division (A)(7) of section 151.01 of the	8967
Revised Code shall be applied or be considered as impairing their	8968
validity or the obligations or rights under them.	8969

(4) All basic instruments, documents, books, papers and	8970
records of the Treasurer of State relating to those outstanding	8971
bonds shall be transferred to the Commission.	8972

(5) Whenever the Treasurer of State, or any of that officer's	8973
employees or authorized representatives, is referred to in any	8974
contract or other document relating to those outstanding bonds,	8975
the reference shall be considered to be to the Commission or its	8976
appropriate officers.	8977

(B) The amendment in Section 1 of this act to division (A)(7)	8978
of section 151.01 of the Revised Code applies to any proceedings	8979
commenced after its effective date and, so far as its provisions	8980
support the actions taken, also applies to any proceedings that on	8981
its effective date are pending, in progress, or completed, and to	8982
the securities authorized or issued or obligations entered into	8983
under or pursuant to those proceedings, notwithstanding the	8984
applicable law previously in effect or any provision to the	8985
contrary in a prior resolution, order, notice, or other	8986
proceeding. Any proceedings pending or in progress on the	8987
effective date of the amendment, and securities sold, issued, and	8988
delivered, or obligations entered into under or pursuant to those	8989
proceedings, shall be deemed to have been taken, and authorized,	8990
sold, issued, delivered, and entered into, in conformity with the	8991
amendment. The provisions of the Revised Code so amended by this	8992
act shall, except as otherwise provided in division (A) of this	8993
section, be deemed to remain applicable to securities issued or	8994
obligations entered into under or pursuant to or in reliance on	8995
them prior to the effective date of the amendment.	8996

Section 39.03. (A) Except as otherwise provided in section	8997
154.23 of the Revised Code, as enacted by this act, with respect	8998
to the functions of the Ohio Public Facilities Commission, the	8999
Treasurer of State shall, on the effective date of this section	9000
and as provided for in this section, supersede and replace the	9001
Ohio Building Authority (referred to in this section as the	9002
"Authority") as the issuing authority in all matters relating to	9003
the issuance of obligations for the financing of Ohio cultural	9004
facilities and Ohio sports facilities, as those terms are defined	9005
in section 3383.01 of the Revised Code, for housing branches and	9006
agencies of state government (all referred to in this section as	9007
"cutural and sports capital purposes") as provided for in section	9008
154.23 of the Revised Code, as enacted by this act (all referred	9009
to in this section as "superseded matters".	9010

(B)(1) With respect to superseded matters and cultural and	9011
sports capital purposes, the Treasurer of State shall:	9012

(a) Succeed to and have and perform all of the duties,	9013
powers, obligations, and functions of the Authority and its	9014
members and officers provided for by law or rule relating to the	9015
issuance of bonds, notes, or other obligations for the purpose of	9016
paying costs of cultural and sports capital purposes;	9017

(b) Succeed to and have and perform all of the duties,	9018
powers, obligations, and functions, and have all of the rights, of	9019
the Authority and its members and officers provided for in or	9020
pursuant to resolutions, rules, agreements, trust agreements, and	9021
supplemental trust agreements (all referred to collectively in	9022
this section as "basic instruments"), and bonds, notes, and other	9023
obligations (all referred to collectively in this section as	9024
"financing obligations"), previously authorized, entered into, or	9025
issued by the Authority for cultural and sports capital purposes,	9026
which financing obligations shall be, and shall be deemed to be,	9027
obligations issued by and of the Treasurer of State;	9028

(c) Be bound by all agreements and covenants of the	9029
Authority, and basic instruments, relating to financing	9030
obligations.	9031

(2) The transfer of superseded matters to the Treasurer of	9032
State pursuant to this section does not affect the validity of any	9033
agreement or covenant, basic instrument, or financing obligation,	9034
or any related document, authorized, entered into, or issued by	9035
the Authority under Chapter 152. of the Revised Code or other	9036
laws, and nothing in this section shall be applied or considered	9037
as impairing the obligations or rights under them.	9038

(3) The Treasurer of State shall not issue any additional	9039
financing obligations pursuant to any basic instrument of the	9040
Authority, including financing obligations to refund financing	9041
obligations previously issued by the Authority.	9042

(C) With respect to proceedings relating to superseded	9043
matters affected by this section:	9044

(1) This section applies to any proceedings that are	9045
commenced after the effective date of this section, and to any	9046
proceedings that are pending, in progress, or completed on that	9047
date, notwithstanding the applicable law previously in effect or	9048
any provision to the contrary in a prior basic instrument, notice,	9049
or other proceeding.	9050

(2) Any proceedings of the Authority that are pending on the	9051
effective date of this section shall be pursued and completed by	9052
and in the name of the Treasurer of State, and any financing	9053
obligations that are sold, issued, and delivered pursuant to those	9054
proceedings shall be deemed to have been authorized, sold, issued,	9055
and delivered in conformity with this section.	9056

(3) Notwithstanding division (C)(1) and (2) of this section,	9057
the Authority may, subsequent to the effective date of this	9058
section, meet for the purpose of better accomplishing the transfer	9059
of superseded matters. At any such meeting the Authority may take	9060
necessary or appropriate actions to effect an orderly transition	9061
relating to the issuance of financing obligations, such that all	9062
duties, powers, obligations, and functions of the Authority and	9063
its members and officers with respect to the superseded matters or	9064
under any leases and agreements between the Authority and the Ohio	9065
Cultural Facilities Commission shall terminate and be of no	9066
further force and effect as to the Authority.	9067

(D) The Authority shall prepare any necessary amendments of	9068
or supplements to documents or basic instruments pertaining to the	9069
duties, powers, obligations, functions, and rights relating to	9070
superseded matters to which the Treasurer of State succeeds	9071
pursuant to this section. The authorization by the Authority in	9072
its basic instruments relating to superseded matters for its	9073
officers to act in any manner on behalf of the Authority shall, on	9074
and after the effective date of this section, be authorization for	9075
the Treasurer of State, or the Treasurer of State's staff or	9076
employees to whom the Treasurer of State may delegate the	9077
function, to act in the circumstances, without necessity for	9078
amendment of or supplement to any such documents or basic	9079
instruments.	9080

(E) No pending judicial or administrative action or	9081
proceeding in which the Authority, or its members or officers as	9082
such, are a party that pertains to superseded matters shall be	9083
affected by their transfer, but shall be prosecuted or defended in	9084
the name of the Treasurer of State and in any such action or	9085
proceeding the Treasurer of State, upon application to the court,	9086
shall be substituted as a party.	9087

(F) In connection with the duties, powers, obligations,	9088
functions, and rights relating to superseded matters and provided	9089
for in this section, on the effective date of this section:	9090

(1) Copies of all basic instruments, documents, books,	9091
papers, and records of the Authority shall be transferred to the	9092
Treasurer of State upon request, without necessity for assignment,	9093
conveyance, or other action by the Authority.	9094

(2) All appropriations previously made to or for the	9095
Authority for the purposes of the performance of the duties,	9096
powers, obligations, functions, and exercise of rights relating to	9097
superseded matters, to the extent of remaining unexpended or	9098
unencumbered balances, are hereby transferred to and made	9099
available for use and expenditure by the Treasurer of State for	9100
performing the same duties, powers, obligations, and functions and	9101
exercising the same rights for which originally appropriated, and	9102
payments for administrative expenses previously incurred in	9103
connection with them shall be made from the applicable	9104
administrative service fund on vouchers approved by the Treasurer	9105
of State.	9106

(3) All leases and agreements between the Authority and the	9107
Ohio Cultural Facilities Commission made under Chapter 152. of the	9108
Revised Code shall, and shall be considered to, continue to bind	9109
the Ohio Cultural Facilities Commission. Nothing in this act shall	9110
be considered as impairing the obligations of the Ohio Cultural	9111
Facilities Commission under those leases and agreements.	9112

(4) Any lease, grant, or conveyance made to the Authority	9113
pursuant to section 152.06 of the Revised Code shall be, and shall	9114
be deemed to be, made to the Ohio Public Facilities Commission	9115
pursuant to section 154.16 of the Revised Code, and the Ohio	9116
Public Facilities Commission shall succeed to and have and perform	9117
all of the duties, powers, obligations, and functions, and have	9118
all of the rights, of the Authority and its members and officers	9119
provided for in or pursuant to that lease, grant, or conveyance.	9120

(G) Whenever the Authority, or any of its members or	9121
officers, is referred to in any contract or other document	9122
relating to those outstanding financing obligations, the reference	9123
shall be considered to be, as applicable, to the Ohio Public	9124
Facilities Commission or its appropriate officers or to the	9125
Treasurer of State or the appropriate staff of the Treasurer of	9126
State.	9127

Section 39.04.  (A) Sections 154.01, 154.02, 154.07, 154.23,	9128
3383.02, and 3383.07 of the Revised Code, as amended or enacted by	9129
this act, apply to any proceedings commenced after the effective	9130
date of this section and, so far as their provisions support the	9131
actions taken, also apply to any proceedings that are pending, in	9132
progress, or completed on that date, and to the securities	9133
authorized or issued or obligations entered into under or pursuant	9134
to those proceedings, notwithstanding the applicable law	9135
previously in effect or any provision to the contrary in a prior	9136
resolution, order, notice, or other proceeding. Any proceedings	9137
pending or in progress on the effective date of this section, and	9138
securities sold, issued, and delivered, or obligations entered	9139
into under or pursuant to those proceedings, shall be deemed to	9140
have been taken, and authorized, sold, issued, delivered, and	9141
entered into, in conformity with those sections, as amended or	9142
enacted by this act.	9143

(B) Sections 154.01, 154.02, 154.07, 3383.02, and 3383.07 of	9144
the Revised Code shall, except as otherwise provided in division	9145
(A) of this section, be deemed to remain applicable to securities	9146
issued or obligations entered into under, pursuant to, or in	9147
reliance on those sections, as they existed prior to the effective	9148
date of this section, or Chapter 152. of the Revised Code.	9149

Section 40.01. (A) As used in this section, "eligible county"	9150
means a county that has a population of less than sixty-four	9151
thousand according to the most recent federal decennial census.	9152

(B) Notwithstanding section 321.261 of the Revised Code, if,	9153
within sixty days after the effective date of this section, the	9154
county treasurer and the county prosecuting attorney of an	9155
eligible county that has a balance in its delinquent tax and	9156
assessment collection fund greater than six hundred fifty thousand	9157
dollars determine that not all of the money in the fund is needed	9158
by them for the purposes of collecting delinquent taxes and	9159
assessments, they shall notify the board of county commissioners	9160
of that determination, in writing. Upon receiving the notice, and	9161
after consulting with the legislative authority of each taxing	9162
unit in the eligible county, the board of county commissioners may	9163
adopt a resolution directing the county auditor to distribute	9164
money in the fund to each of the taxing units in the eligible	9165
county. The total amount of money distributed by an eligible	9166
county under a resolution adopted under this section shall not	9167
exceed the total amount of money credited to the eligible county's	9168
delinquent tax and assessment collection fund during calendar	9169
years 2001, 2002, 2003, and 2004. Moneys distributed to taxing	9170
units under a resolution adopted under this section shall be	9171
distributed among the taxing units in the eligible county in the	9172
same proportions and amounts as if levied and collected as taxes.	9173

This section provides for or is essential to the	9174
implementation of a tax levy. Therefore, under Ohio Constitution,	9175
Article II, Section 1d, this section is not subject to the	9176
referendum and goes into immediate effect when this act becomes	9177
law.	9178

Section 41.01. The amendment by this act of sections 5709.61,	9179
5709.62, and 5709.632 of the Revised Code shall not affect any	9180
area in a city designated as an urban cluster in a rural	9181
statistical area that was certified by the Director of Development	9182
as an enterprise zone, if the Director certified such area as a	9183
zone on or after June 26, 2003, but before the effective date of	9184
this section. For an enterprise zone that meets the requirements	9185
of this section, the legislative authority of a city designated as	9186
an urban cluster in a rural statistical area may enter into	9187
agreements with enterprises in accordance with section 5709.62 or	9188
5709.632 of the Revised Code. On and after the effective date of	9189
this section, no legislative authority of a city designated as an	9190
urban cluster in a rural statistical area may designate one or	9191
more areas within the city as proposed enterprise zones.	9192

Section 42.01. If any item of law that constitutes the whole	9193
or part of a codified or uncodified section of law contained in	9194
this act, or if any application of any item of law that	9195
constitutes the whole or part of a codified or uncodified section	9196
of law contained in this act, is held invalid, the invalidity does	9197
not affect other items of law or applications of items of law that	9198
can be given effect without the invalid item of law or	9199
application. To this end, the items of law of which the codified	9200
and uncodified sections contained in this act are composed, and	9201
their applications, are independent and severable.	9202

Section 43.01. Except as otherwise specifically provided in	9203
this act, the amendment or enactment by this act of codified and	9204
uncodified sections of law, and the items of which the amendments	9205
and enactments are composed, are subject to the referendum.	9206
Therefore, under Ohio Constitution, Article II, Section 1c and	9207
section 1.471 of the Revised Code, the amendments and enactments,	9208
and the items of which they are composed, except as otherwise	9209
specifically provided in this act, take effect on the ninety-first	9210
day after this act is filed with the Secretary of State. If,	9211
however, a referendum petition is filed against an amendment or	9212
enactment, or against an item it contains, the amendment or	9213
enactment, or item, unless rejected at the referendum, takes	9214
effect at the earliest time permitted by law.	9215

Section 44.01. The enactment by this act of section 3301.21	9216
of the Revised Code, and the items of which the section is	9217
composed, are not subject to the referendum. Therefore, under Ohio	9218
Constitution, Article II, Section 1d and section 1.471 of the	9219
Revised Code, the section, and the items of which it is composed,	9220
go into immediate effect when this act becomes law.	9221

Section 45.01.  Section 151.01 of the Revised Code is	9222
presented in this act as a composite of the section as amended by	9223
both Sub. H.B. 522 and H.B. 675 of the 124th General Assembly. The	9224
General Assembly, applying the principle stated in division (B) of	9225
section 1.52 of the Revised Code that amendments are to be	9226
harmonized if reasonably capable of simultaneous operation, finds	9227
that the composite is the resulting version of the section in	9228
effect prior to the effective date of the section as presented in	9229
this act.	9230