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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 |
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 |
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 | 111 |
(1) By which either: | 112 |
| 113 |
or among fixed
| 114 |
115 | |
exchanged on stated amounts of bonds or investments, or on | 116 |
notional amounts; or | 117 |
| 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
| 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 | 196 |
least | 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 | 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 | 494 |
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 |
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 | 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; | 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 |
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; | 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) | 1179 |
1180 |
| 1181 |
1182 | |
1183 | |
1184 |
| 1185 |
1186 |
| 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 |
| 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 | 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
| 1207 |
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 | 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 | 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 | 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 | 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, | 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, | 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, | 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, | 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 | 2035 |
center may provide by the erection of any school or educational | 2036 |
service center
building or | 2037 |
of, addition to, or reconstruction or improvement of any school or | 2038 |
educational service center building or | 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
| 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, | 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 | 2072 |
(1) "Community centers" means facilities characterized by all | 2073 |
of the following: | 2074 |
| 2075 |
maintained by political subdivisions | 2076 |
2077 | |
division (A) of this section. | 2078 |
| 2079 |
educational operations or recreational activities. | 2080 |
| 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 | 2094 |
township park district, or school
district | 2095 |
appropriate money | 2096 |
be raised by taxation an amount for the purpose of maintaining and | 2097 |
operating | 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 | 2117 |
believe | 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 | 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 | 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 | 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 | 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, | 2461 |
2462 | |
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 | 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 | 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 | 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 |
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
| 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 |
2750 | |
commission based on the project's estimated construction schedule | 2751 |
for that | 2752 |
the
first
| 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) | 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
| 2772 |
2773 | |
2774 | |
2775 | |
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) | 2782 |
participates in the school building assistance expedited local | 2783 |
partnership program under section 3318.36 of the Revised Code | 2784 |
shall receive assistance under the program established under this | 2785 |
section | 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 | 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
| 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 | 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 |
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 | 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 | 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
| 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 | 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 | 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 | 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 | 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 | 3811 |
university of Ohio at Toledo. The government of the medical | 3812 |
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 | 3839 |
university of Ohio at Toledo shall annually elect from its members | 3840 |
a | 3841 |
they may also appoint a secretary of the board, a treasurer, and | 3842 |
such other
officers of the | 3843 |
the | 3844 |
The treasurer, before entering upon the discharge of
| 3845 |
officer duties of treasurer, shall give bond to the state for the | 3846 |
faithful performance of | 3847 |
the proper accounting for all moneys coming
into | 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 | 3851 |
time. Said bond shall be approved by the attorney general. | 3852 |
Sec. 3350.03. The board of trustees of the medical | 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 |
3859 | |
moneys for the purposes of such
| 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 | 3864 |
university of Ohio at Toledo may receive and hold in trust, for | 3865 |
the use and benefit of the | 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 |
3869 | |
bequest. The board of trustees
of the medical | 3870 |
of Ohio at Toledo may make and enter into all contracts and | 3871 |
agreements necessary or incidental to the operation of such | 3872 |
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 | 3876 |
Sec. 3350.05. The general assembly shall support the medical | 3877 |
3878 | |
manner as it may provide, except that no state funds shall be | 3879 |
provided under this section unless such | 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
| 4003 |
4004 | |
4005 | |
4006 | |
4007 | |
4008 | |
4009 | |
4010 | |
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. | 4044 |
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) | 4147 |
4148 | |
4149 | |
4150 | |
4151 |
| 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 |
| 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 |
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 | 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) | 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
| 4509 |
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
| 4677 |
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 | 4707 |
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 | 4935 |
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 | 5217 |
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) | 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 |
| 5254 |
5255 | |
5256 | |
5257 | |
5258 | |
5259 | |
5260 | |
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. | 5390 |
(B) Except as otherwise provided in division (C) or (D) of | 5391 |
this section, money
deposited in
an account of | 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. | 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. | 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, | 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, | 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. | 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. | 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 | 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 | 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 |
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 |
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 |
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 |
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 |
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 |
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 |
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 |
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 |
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 |
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 |
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 |
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 |
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 |
Section 16.01. All items set forth in Sections 16.02 to | 5947 |
16.10 of this act are hereby appropriated out of any moneys in the | 5948 |
state treasury to the credit of the Administrative Building Fund | 5949 |
(Fund 026) that are not otherwise appropriated. | 5950 |
Appropriations |
Section 16.02. ADJ ADJUTANT GENERAL | 5951 |
CAP-036 | Roof Replacement - Various | $ | 180,000 | 5952 | |||
CAP-038 | Electrical Systems - Various | $ | 180,000 | 5953 | |||
CAP-039 | Camp Perry Facility Improvements | $ | 200,000 | 5954 | |||
CAP-044 | Replace Windows/Doors - Various | $ | 160,000 | 5955 | |||
CAP-045 | Plumbing Renovations - Various | $ | 200,000 | 5956 | |||
CAP-046 | Paving Renovations - Various | $ | 280,000 | 5957 | |||
CAP-050 | HVAC Systems - Various | $ | 320,000 | 5958 | |||
CAP-056 | Masonry Repairs/Renovations - Various | $ | 180,000 | 5959 | |||
CAP-060 | Facility Protections Measures | $ | 300,000 | 5960 | |||
CAP-061 | Repair/Renovate Waste Water System | $ | 200,000 | 5961 | |||
CAP-063 | Rickenbacker International Airport | $ | 5,000,000 | 5962 | |||
CAP-065 | Construct Marysville Armory/Community Center | $ | 2,994,000 | 5963 | |||
CAP-068 | Norwalk Armory Storage Facility | $ | 15,000 | 5964 | |||
Total Adjutant General | $ | 10,209,000 | 5965 |
Appropriations |
Section 16.03. DAS DEPARTMENT OF ADMINISTRATIVE SERVICES | 5967 |
CAP-773 | Governor's Residence Renovations | $ | 160,032 | 5968 | |||
CAP-826 | Surface Road Building Renovations | $ | 200,000 | 5969 | |||
CAP-834 | Capital Improvements Tracking System | $ | 750,000 | 5970 | |||
CAP-838 | SOCC Renovations | $ | 532,042 | 5971 | |||
CAP-852 | North High Building Complex | $ | 10,375,000 | 5972 | |||
CAP-855 | Office Space Planning | $ | 5,274,502 | 5973 | |||
CAP-859 | eSecure Ohio | $ | 1,750,000 | 5974 | |||
CAP-864 | eGovernment Infrastructure | $ | 250,000 | 5975 | |||
CAP-865 | DAS Building Security | $ | 140,000 | 5976 | |||
CAP-866 | OH*1 Network | $ | 4,000,000 | 5977 | |||
CAP-867 | Lausche Building Connector | $ | 500,000 | 5978 | |||
CAP-868 | Riversouth Development | $ | 9,500,000 | 5979 | |||
Total Department of Administrative Services | $ | 33,431,576 | 5980 |
Appropriations |
Section 16.04. AGR DEPARTMENT OF AGRICULTURE | 5982 |
CAP-039 | Renovate Weights/Measures Building | $ | 307,655 | 5983 | |||
CAP-042 | Reynoldsburg Complex Security Improvements | $ | 110,000 | 5984 | |||
CAP-043 | Building and Grounds Renovation | $ | 500,000 | 5985 | |||
CAP-049 | Consumer Analytical Laboratory | $ | 110,000 | 5986 | |||
CAP-050 | Plant Industries Building Planning | $ | 650,000 | 5987 | |||
Total Department of Agriculture | $ | 1,677,655 | 5988 |
Appropriations |
Section 16.05. CSR CAPITOL SQUARE REVIEW AND ADVISORY BOARD | 5990 |
CAP-010 | Rotunda Renovation | $ | 1,400,000 | 5991 | |||
CAP-015 | Sound System Upgrades | $ | 400,000 | 5992 | |||
CAP-018 | HVAC Improvements | $ | 476,750 | 5993 | |||
Total Capitol Square Review and Advisory Board | $ | 2,276,750 | 5994 |
SOUND SYSTEM UPGRADES | 5995 |
The foregoing appropriation item CAP-015, Sound System | 5996 |
Upgrades, shall be used by Ohio Governmental Television to | 5997 |
administer the statehouse sound system upgrade project. | 5998 |
Appropriations |
Section 16.06. EXP EXPOSITIONS COMMISSION | 5999 |
CAP-037 | Electrical Upgrades | $ | 2,400,000 | 6000 | |||
CAP-056 | Building Renovations | $ | 1,600,000 | 6001 | |||
CAP-072 | Emergency Renovations and Equipment Replacement | $ | 1,000,000 | 6002 | |||
Total Expositions Commission | $ | 5,000,000 | 6003 |
Appropriations |
Section 16.07. DNR DEPARTMENT OF NATURAL RESOURCES | 6005 |
CAP-742 | Fountain Square Building and Telephone System Improvements | $ | 500,000 | 6006 | |||
CAP-744 | Multi-Agency Radio Communications Equipment - MARCS | $ | 3,100,059 | 6007 | |||
CAP-747 | DNR Fairgrounds Areas - General Upgrading | $ | 500,000 | 6008 | |||
Total Department of Natural Resources | $ | 4,100,059 | 6009 |
Appropriations |
Section 16.08. DHS DEPARTMENT OF PUBLIC SAFETY | 6011 |
CAP-078 | Upgrade/Replacement of State EOC Equipment/System | $ | 525,000 | 6012 | |||
CAP-081 | NOAA National Weather Radio Coverage | $ | 219,900 | 6013 | |||
Total Department of Public Safety | $ | 744,900 | 6014 |
Appropriations |
Section 16.09. OSB SCHOOL FOR THE BLIND | 6015 |
CAP-774 | Glass Windows/E Wall of Natatorium | $ | 63,726 | 6016 | |||
CAP-775 | Renovation of Science Lab Greenhouse | $ | 58,850 | 6017 | |||
CAP-776 | Renovating Recreation Area | $ | 213,900 | 6018 | |||
CAP-777 | New Classrooms for Secondary MH Program | $ | 880,407 | 6019 | |||
CAP-778 | Renovation of Student Health Service Area | $ | 144,375 | 6020 | |||
CAP-779 | Replacement of Cottage Windows | $ | 208,725 | 6021 | |||
CAP-780 | New School Lighting | $ | 184,500 | 6022 | |||
CAP-781 | Food Prep. Area Air Conditioning | $ | 67,250 | 6023 | |||
Total School for the Blind | $ | 1,821,733 | 6024 |
Appropriations |
Section 16.10. OSD SCHOOL FOR THE DEAF | 6025 |
CAP-777 | Boilers, Blowers, and Controls for the School Complex | $ | 841,469 | 6026 | |||
CAP-778 | Central Warehouse | $ | 706,194 | 6027 | |||
CAP-779 | Storage Barn | $ | 330,850 | 6028 | |||
Total School for the Deaf | $ | 1,878,513 | 6029 | ||||
TOTAL Administrative Building Fund | $ | 61,140,186 | 6030 |
Section 16.11. The Ohio Building Authority is hereby | 6031 |
authorized to issue and sell, in accordance with Section 2i of | 6032 |
Article VIII, Ohio Constitution, and Chapter 152. and other | 6033 |
applicable sections of the Revised Code, original obligations in | 6034 |
an aggregate principal amount not to exceed $65,000,000 in | 6035 |
addition to the original issuance of obligations heretofore | 6036 |
authorized by prior acts of the General Assembly. The authorized | 6037 |
obligations shall be issued, subject to applicable constitutional | 6038 |
and statutory limitations, to pay costs associated with previously | 6039 |
authorized capital facilities and the capital facilities referred | 6040 |
to in Sections 16.02 to 16.10 of this act. | 6041 |
Section 17.01. All items set forth in this section are | 6042 |
hereby appropriated out of any moneys in the state treasury to the | 6043 |
credit of the Adult Correctional Building Fund (Fund 027) that are | 6044 |
not otherwise appropriated. | 6045 |
Appropriations |
6046 |
6047 |
CAP-007 | Asbestos/Hazardous Waste Removal | $ | 1,000,000 | 6048 | |||
CAP-017 | Security Improvements - Statewide | $ | 5,000,000 | 6049 | |||
CAP-111 | General Building Renovations | $ | 31,550,000 | 6050 | |||
CAP-141 | Multi-Agency Radio Communications System Equipment | $ | 1,900,000 | 6051 | |||
CAP-187 | Mandown Alert Communication System - Statewide | $ | 2,650,000 | 6052 | |||
Total Statewide and Central Office Projects | $ | 42,100,000 | 6053 | ||||
TOTAL Department of Rehabilitation and Correction | $ | 42,100,000 | 6054 | ||||
TOTAL ADULT CORRECTIONAL BUILDING FUND | $ | 42,100,000 | 6055 |
Section 17.02. The Ohio Building Authority is hereby | 6057 |
authorized to issue and sell, in accordance with Section 2i of | 6058 |
Article VIII, Ohio Constitution, and Chapter 152. and section | 6059 |
307.021 of the Revised Code, original obligations in an aggregate | 6060 |
principal amount not to exceed $12,000,000 in addition to the | 6061 |
original issuance of obligations heretofore authorized by prior | 6062 |
acts of the General Assembly. The authorized obligations shall be | 6063 |
issued subject to applicable constitutional and statutory | 6064 |
limitations, to pay costs associated with previously authorized | 6065 |
capital facilities and the capital facilities referred to in | 6066 |
Section 17.01 of this act for the Department of Rehabilitation and | 6067 |
Correction. | 6068 |
Section 18.01. All items set forth in this section are | 6069 |
hereby appropriated out of any moneys in the state treasury to the | 6070 |
credit of the Juvenile Correctional Building Fund (Fund 028) that | 6071 |
are not otherwise appropriated. | 6072 |
Appropriations |
6073 |
CAP-801 | Fire Suppression/Safety/Security | $ | 2,081,447 | 6074 | |||
CAP-803 | General Institutional Renovations | $ | 3,806,860 | 6075 | |||
CAP-837 | Sanitary Safety & Other Renovations - Indian River | $ | 3,641,875 | 6076 | |||
CAP-838 | Education and Programming Expansion - ORV | $ | 1,400,000 | 6077 | |||
Total Department of Youth Services | $ | 10,930,182 | 6078 | ||||
TOTAL Juvenile Correctional Building Fund | $ | 10,930,182 | 6079 |
Section 18.02. The Ohio Building Authority is hereby | 6081 |
authorized to issue and sell, in accordance with Section 2i of | 6082 |
Article VIII, Ohio Constitution, and Chapter 152. and other | 6083 |
applicable sections of the Revised Code, original obligations in | 6084 |
an aggregate principal amount not to exceed $8,000,000 in addition | 6085 |
to the original issuance of obligations heretofore authorized by | 6086 |
prior acts of the General Assembly. The authorized obligations | 6087 |
shall be issued, subject to applicable constitutional and | 6088 |
statutory limitations, to pay the costs associated with previously | 6089 |
authorized capital facilities and the capital facilities referred | 6090 |
to in Section 18.01 of this act for the Department of Youth | 6091 |
Services. | 6092 |
Section 19.01. All items set forth in this section are hereby | 6093 |
appropriated out of any moneys in the state treasury to the credit | 6094 |
of the Cultural and Sports Facilities Building Fund (Fund 030) | 6095 |
that are not otherwise appropriated. | 6096 |
Appropriations |
6097 |
CAP-010 | Sandusky State Theatre Improvements | $ | 325,000 | 6098 | |||
CAP-013 | Stambaugh Hall Improvements | $ | 250,000 | 6099 | |||
CAP-033 | Woodward Opera House Renovation | $ | 100,000 | 6100 | |||
CAP-038 | Center Exhibit Replacement | $ | 816,000 | 6101 | |||
CAP-043 | Statewide Site Repairs | $ | 100,000 | 6102 | |||
CAP-044 | National Underground Railroad Freedom Center | $ | 4,150,000 | 6103 | |||
CAP-046 | Cincinnati Museum Center Improvements | $ | 250,000 | 6104 | |||
CAP-052 | Akron Art Museum | $ | 1,012,500 | 6105 | |||
CAP-053 | Powers Auditorium Improvements - Eleanor Beecher Flad Pavilion | $ | 250,000 | 6106 | |||
CAP-065 | Beck Center for the Cultural Arts | $ | 100,000 | 6107 | |||
CAP-069 | Cleveland Institute of Art | $ | 250,000 | 6108 | |||
CAP-071 | Cleveland Institute of Music | $ | 750,000 | 6109 | |||
CAP-073 | Marina District/Ice Arena Development | $ | 3,500,000 | 6110 | |||
CAP-074 | Stan Hywet Hall & Gardens - West Vista Restoration | $ | 750,000 | 6111 | |||
CAP-745 | Emergency Repairs | $ | 838,560 | 6112 | |||
CAP-769 | Rankin House State Memorial | $ | 192,000 | 6113 | |||
CAP-781 | Archives and Library Automation | $ | 624,000 | 6114 | |||
CAP-784 | Center Rehabilitation | $ | 960,000 | 6115 | |||
CAP-806 | Grant Boyhood Home Improvements | $ | 480,000 | 6116 | |||
CAP-812 | Schuster Arts Center | $ | 5,500,000 | 6117 | |||
CAP-823 | Marion Palace Theatre | $ | 750,000 | 6118 | |||
CAP-826 | Renaissance Theatre | $ | 750,000 | 6119 | |||
CAP-834 | Galion Historic Big Four Depot Restoration | $ | 170,000 | 6120 | |||
CAP-835 | Jamestown Opera House | $ | 125,000 | 6121 | |||
CAP-844 | Charles A. Eulett Education Center/Edge of Appalachia Museum Center | $ | 1,850,000 | 6122 | |||
CAP-845 | Lima Historic Athletic Field | $ | 100,000 | 6123 | |||
CAP-846 | Butler Palace Theatre | $ | 100,000 | 6124 | |||
CAP-847 | Voice of America Museum | $ | 275,000 | 6125 | |||
CAP-848 | Oxford Arts Center ADA Project | $ | 72,000 | 6126 | |||
CAP-849 | Clark County Community Arts Expansion Project | $ | 500,000 | 6127 | |||
CAP-850 | Westcott House Historic Site | $ | 75,000 | 6128 | |||
CAP-851 | General Lytle Homestead - Harmony Hill | $ | 50,000 | 6129 | |||
CAP-852 | Miami Township Community Amphitheatre | $ | 50,000 | 6130 | |||
CAP-853 | Western Reserve Historical Society | $ | 1,000,000 | 6131 | |||
CAP-854 | Steamship Mather Museum | $ | 100,000 | 6132 | |||
CAP-855 | Rock and Roll Hall of Fame | $ | 250,000 | 6133 | |||
CAP-856 | Friendly Inn Settlement House Historic Site | $ | 250,000 | 6134 | |||
CAP-857 | Merrick House Historic Site | $ | 250,000 | 6135 | |||
CAP-858 | Strongsville Historic Building | $ | 100,000 | 6136 | |||
CAP-859 | Arts Castle | $ | 100,000 | 6137 | |||
CAP-860 | Great Lakes Historical Society | $ | 325,000 | 6138 | |||
CAP-861 | Ohio Glass Museum | $ | 250,000 | 6139 | |||
CAP-862 | Goll Wood Homestead | $ | 50,000 | 6140 | |||
CAP-863 | Ariel Theatre | $ | 100,000 | 6141 | |||
CAP-864 | Bellbrook/Sugarcreek Historical Society | $ | 10,000 | 6142 | |||
CAP-865 | Kennedy Stone House | $ | 15,000 | 6143 | |||
CAP-866 | Sports Facilities Improvements - Cincinnati | $ | 4,350,000 | 6144 | |||
CAP-867 | Ensemble Theatre | $ | 450,000 | 6145 | |||
CAP-868 | Taft Museum | $ | 500,000 | 6146 | |||
CAP-869 | Art Academy of Cincinnati | $ | 100,000 | 6147 | |||
CAP-870 | Riverbend Pavilion Improvements | $ | 250,000 | 6148 | |||
CAP-871 | Cincinnati Art & Technology Academy - Longworth Hall | $ | 100,000 | 6149 | |||
CAP-872 | Music Hall: Over-The-Rhine | $ | 750,000 | 6150 | |||
CAP-873 | John Bloomfield Home Restoration | $ | 115,000 | 6151 | |||
CAP-874 | Malinta Historical Society Caboose Exhibit | $ | 6,000 | 6152 | |||
CAP-875 | Hocking County Historical Society - Schempp House | $ | 10,000 | 6153 | |||
CAP-876 | Art Deco Markay Theater | $ | 200,000 | 6154 | |||
CAP-877 | Harvey Wells House | $ | 100,000 | 6155 | |||
CAP-878 | Bryn Du | $ | 250,000 | 6156 | |||
CAP-879 | Broad Street Historical Renovation | $ | 300,000 | 6157 | |||
CAP-880 | Amherst Historical Society | $ | 35,000 | 6158 | |||
CAP-881 | COSI - Toledo | $ | 1,900,000 | 6159 | |||
CAP-882 | Ohio Theatre - Toledo | $ | 100,000 | 6160 | |||
CAP-883 | Chester Academy Historic Site Renovations | $ | 25,000 | 6161 | |||
CAP-884 | Bradford Ohio Railroad Museum | $ | 100,000 | 6162 | |||
CAP-885 | Montgomery County Historical Society Archives | $ | 100,000 | 6163 | |||
CAP-886 | Nelson T. Gant Historic Homestead | $ | 25,000 | 6164 | |||
CAP-887 | Aurora Outdoor Sports Complex | $ | 50,000 | 6165 | |||
CAP-888 | Preble County Historical Society | $ | 100,000 | 6166 | |||
CAP-889 | Tecumseh Sugarloaf Mountain Amphitheatre | $ | 120,000 | 6167 | |||
CAP-890 | Pro Football Hall of Fame | $ | 400,000 | 6168 | |||
CAP-891 | MAPS Air Museum | $ | 15,000 | 6169 | |||
CAP-892 | Foundation Community Threatre | $ | 50,000 | 6170 | |||
CAP-893 | William McKinley Library Restoration | $ | 250,000 | 6171 | |||
CAP-894 | Hale Farm & Village | $ | 250,000 | 6172 | |||
CAP-895 | Blossom Music Center | $ | 2,512,500 | 6173 | |||
CAP-896 | Richard Howe House | $ | 100,000 | 6174 | |||
CAP-897 | Ward-Thomas Museum | $ | 30,000 | 6175 | |||
CAP-898 | Packard Music Hall Renovation Project | $ | 100,000 | 6176 | |||
CAP-899 | Holland Theatre | $ | 100,000 | 6177 | |||
CAP-900 | Van Wert Historical Society | $ | 32,000 | 6178 | |||
CAP-901 | Warren County Historical Society | $ | 225,000 | 6179 | |||
CAP-902 | Marietta Colony Theatre | $ | 335,000 | 6180 | |||
CAP-903 | West Salem Village Opera House | $ | 92,000 | 6181 | |||
CAP-904 | Beavercreek Community Theater | $ | 100,000 | 6182 | |||
CAP-905 | Smith Orr Homestead | $ | 100,000 | 6183 | |||
Total Cultural Facilities Commission | $ | 43,592,560 | 6184 | ||||
TOTAL Cultural and Sports Facilities Building Fund | $ | 43,592,560 | 6185 |
Section 19.02. The Treasurer of State is hereby authorized | 6187 |
to issue and sell, in accordance with Section 2i of Article VIII, | 6188 |
Ohio Constitution, and Chapter 154., as amended by this act, and | 6189 |
other applicable sections of the Revised Code, original | 6190 |
obligations in an aggregate principal amount not to exceed | 6191 |
$35,000,000 in addition to the original issuance of obligations | 6192 |
heretofore authorized by prior acts of the General Assembly. The | 6193 |
authorized obligations shall be issued, subject to applicable | 6194 |
constitutional and statutory limitations, to pay costs of capital | 6195 |
facilities as defined in section 154.01 of the Revised Code, | 6196 |
including construction as defined in division (H) of section | 6197 |
3383.01 of the Revised Code, of the Ohio cultural facilities | 6198 |
designated in Section 19.01 of this act. | 6199 |
Section 20.01. All items set forth in this section are | 6200 |
hereby appropriated out of any moneys in the state treasury to the | 6201 |
credit of the Ohio Parks and Natural Resources Fund (Fund 031) | 6202 |
that are not otherwise appropriated. | 6203 |
Appropriations |
6204 |
6205 |
CAP-012 | Land Acquisition | $ | 750,000 | 6206 | |||
CAP-051 | Buck Creek State Park - Camp/Dock Renovations | $ | 25,000 | 6207 | |||
CAP-060 | East Fork State Park Renovation | $ | 50,000 | 6208 | |||
CAP-080 | Atwood Lake Conservancy District | $ | 75,000 | 6209 | |||
CAP-083 | John Bryan State Park Shelter Construction | $ | 30,000 | 6210 | |||
CAP-084 | Findley State Park General Improvements | $ | 12,500 | 6211 | |||
CAP-085 | The Wilds Carnivore Center | $ | 1,000,000 | 6212 | |||
CAP-086 | Scippo Creek Conservation | $ | 75,000 | 6213 | |||
CAP-087 | Belpre City Swimming Pool | $ | 125,000 | 6214 | |||
CAP-705 | Ohio-Erie Canal Tuscarawas River Logjam Removal | $ | 25,000 | 6215 | |||
CAP-748 | Local Parks Projects - Statewide | $ | 2,511,079 | 6216 | |||
CAP-753 | Project Planning | $ | 1,144,316 | 6217 | |||
CAP-881 | Dam Rehabilitation | $ | 5,000,000 | 6218 | |||
CAP-931 | Wastewater/Water Systems Upgrades | $ | 2,900,000 | 6219 | |||
Total Statewide and Local Projects | $ | 13,722,895 | 6220 | ||||
Total Department of Natural Resources | $ | 13,722,895 | 6221 | ||||
TOTAL Ohio Parks and Natural Resources Fund | $ | 13,722,895 | 6222 |
Section 20.02. The Ohio Public Facilities Commission, upon | 6224 |
the request of the Director of Natural Resources, is hereby | 6225 |
authorized to issue and sell, in accordance with Section 2l of | 6226 |
Article VIII, Ohio Constitution, and Chapter 151. and particularly | 6227 |
sections 151.01 and 151.05 of the Revised Code, original | 6228 |
obligations in an aggregate principal amount not to exceed | 6229 |
$14,000,000 in addition to the original issuance of obligations | 6230 |
heretofore authorized by prior acts of the General Assembly. These | 6231 |
authorized obligations shall be issued, subject to applicable | 6232 |
constitutional and statutory limitations, as needed to provide | 6233 |
sufficient moneys to the credit of the Ohio Parks and Natural | 6234 |
Resources Fund (Fund 031) to pay costs of capital facilities as | 6235 |
defined in sections 151.01 and 151.05 of the Revised Code. | 6236 |
Section 20.03. For the projects appropriated in Section | 6237 |
20.01 of this act, the Department of Natural Resources shall | 6238 |
periodically prepare and submit to the Director of Budget and | 6239 |
Management the estimated design, planning, and engineering costs | 6240 |
of capital-related work to be done by the Department of Natural | 6241 |
Resources for each project. Based on the estimates, the Director | 6242 |
of Budget and Management may release appropriations from the | 6243 |
foregoing appropriation item CAP-753, Project Planning, to pay for | 6244 |
design, planning, and engineering costs incurred by the Department | 6245 |
of Natural Resources for such projects. Upon release of the | 6246 |
appropriations by the Director of Budget and Management, the | 6247 |
Department of Natural Resources shall pay for these expenses from | 6248 |
the Capital Expenses Fund (Fund 4S9), and be reimbursed by Fund | 6249 |
031 using an intrastate voucher. | 6250 |
Section 21.01. All items set forth in this section are hereby | 6251 |
appropriated out of any moneys in the state treasury to the credit | 6252 |
of the School Building Program Assistance Fund (Fund 032) that are | 6253 |
not otherwise appropriated. | 6254 |
Appropriations |
6255 |
CAP-770 | School Building Program Assistance | $ | 541,600,000 | 6256 | |||
Total School Facilities Commission | $ | 541,600,000 | 6257 | ||||
TOTAL School Building Program Assistance Fund | $ | 541,600,000 | 6258 |
SCHOOL BUILDING PROGRAM ASSISTANCE | 6259 |
The foregoing appropriation item CAP-770, School Building | 6260 |
Program Assistance, shall be used by the School Facilities | 6261 |
Commission to provide funding to school districts that receive | 6262 |
conditional approval from the Commission pursuant to Chapter 3318. | 6263 |
of the Revised Code. | 6264 |
Section 21.02. The Ohio Public Facilities Commission is | 6265 |
hereby authorized to issue and sell, in accordance with Section 2n | 6266 |
of Article VIII, Ohio Constitution, and Chapter 151. and | 6267 |
particularly sections 151.01 and 151.03 of the Revised Code, | 6268 |
original obligations in an aggregate principal amount not to | 6269 |
exceed $530,000,000, in addition to the original issuance of | 6270 |
obligations heretofore authorized by prior acts of the General | 6271 |
Assembly. The authorized obligations shall be issued, subject to | 6272 |
applicable constitutional and statutory limitations, to pay the | 6273 |
costs to the state of constructing classroom facilities pursuant | 6274 |
to sections 3318.01 to 3318.35 of the Revised Code. | 6275 |
Section 22.01. All items set forth in Sections 22.02 to | 6276 |
22.05 are hereby appropriated out of any moneys in the state | 6277 |
treasury to the credit of the Mental Health Facilities Improvement | 6278 |
Fund (Fund 033) that are not otherwise appropriated. | 6279 |
Section 22.02. ADA DEPARTMENT OF ALCOHOL AND DRUG ADDICTION | 6280 |
SERVICES | 6281 |
CAP-002 | Community Assistance Projects | $ | 100,000 | 6282 | |||
Total Department of Alcohol and Drug Addiction Services | $ | 100,000 | 6283 |
COMMUNITY ASSISTANCE PROJECTS | 6284 |
Of the foregoing appropriation item CAP-002, Community | 6285 |
Assistance Projects, $100,000 shall be used for the Stella Maris | 6286 |
Community Recovery Center. | 6287 |
Appropriations |
Section 22.03. DMH DEPARTMENT OF MENTAL HEALTH | 6288 |
CAP-479 | Community Assistance Projects | $ | 1,700,000 | 6289 | |||
CAP-978 | Infrastructure Improvements | $ | 8,050,000 | 6290 | |||
CAP-989 | Cleveland Christian Home | $ | 100,000 | 6291 | |||
Total Department of Mental Health | $ | 9,850,000 | 6292 |
COMMUNITY ASSISTANCE PROJECTS | 6293 |
Of the foregoing appropriation item CAP-479, Community | 6294 |
Assistance Projects, $200,000 shall be used for the Center for | 6295 |
Families and Children. | 6296 |
Appropriations |
Section 22.04. DMR DEPARTMENT OF MENTAL RETARDATION AND | 6297 |
DEVELOPMENTAL DISABILITIES | 6298 |
6299 |
CAP-480 | Community Assistance Projects | $ | 9,575,000 | 6300 | |||
CAP-955 | Statewide Development Centers | $ | 3,257,257 | 6301 | |||
Total Statewide and Central Office Projects | $ | 12,832,257 | 6302 | ||||
TOTAL Department of Mental Retardation and Developmental Disabilities | $ | 12,832,257 | 6303 | ||||
TOTAL MENTAL HEALTH FACILITIES IMPROVEMENT FUND | $ | 22,782,257 | 6304 |
COMMUNITY ASSISTANCE PROJECTS | 6305 |
The foregoing appropriation item CAP-480, Community | 6306 |
Assistance Projects, may be used to provide community assistance | 6307 |
funds for the development, purchase, construction, or renovation | 6308 |
of facilities for day programs or residential programs that | 6309 |
provide services to persons eligible for services from the | 6310 |
Department of Mental Retardation and Developmental Disabilities or | 6311 |
county boards of mental retardation and developmental | 6312 |
disabilities. Any funds provided to nonprofit agencies for the | 6313 |
construction or renovation of facilities for persons eligible for | 6314 |
services from the Department of Mental Retardation and | 6315 |
Developmental Disabilities and county boards of mental retardation | 6316 |
and developmental disabilities shall be governed by the prevailing | 6317 |
wage provisions in section 176.05 of the Revised Code. | 6318 |
Of the foregoing appropriation item CAP-480, $200,000 shall | 6319 |
be used for the Achievement Centers for Children; $250,000 shall | 6320 |
be used for Bellefaire Jewish Children's Bureau; $250,000 shall be | 6321 |
used for the Julie Billart facility; $100,000 shall be used for | 6322 |
the Berea Children's Home; and $75,000 shall be used for the | 6323 |
Hanson Home. | 6324 |
Section 22.05. The foregoing appropriations for the | 6325 |
Department of Mental Health, CAP-479, Community Assistance | 6326 |
Projects; and Department of Mental Retardation and Developmental | 6327 |
Disabilities, CAP-480, Community Assistance Projects, may be used | 6328 |
on facilities constructed or to be constructed pursuant to Chapter | 6329 |
340., 3793., 5119., 5123., or 5126. of the Revised Code or the | 6330 |
authority granted by section 154.20 of the Revised Code and the | 6331 |
rules issued pursuant to those chapters and shall be distributed | 6332 |
by the Department of Mental Health and the Department of Mental | 6333 |
Retardation and Developmental Disabilities, all subject to | 6334 |
Controlling Board approval. | 6335 |
Section 22.06. (A) No capital improvement appropriations | 6336 |
made in Sections 22.01 to 22.05 of this act shall be released for | 6337 |
planning or for improvement, renovation, or construction or | 6338 |
acquisition of capital facilities if a governmental agency, as | 6339 |
defined in section 154.01 of the Revised Code, does not own the | 6340 |
real property that constitutes the capital facilities or on which | 6341 |
the capital facilities are or will be located. This restriction | 6342 |
shall not apply in any of the following circumstances: | 6343 |
(1) The governmental agency has a long-term (at least fifteen | 6344 |
years) lease of, or other interest (such as an easement) in, the | 6345 |
real property. | 6346 |
(2) In the case of an appropriation for capital facilities | 6347 |
that, because of their unique nature or location, will be owned or | 6348 |
be part of facilities owned by a separate nonprofit organization | 6349 |
and made available to the governmental agency for its use or | 6350 |
operated by the nonprofit organization under contract with the | 6351 |
governmental agency, the nonprofit organization either owns or has | 6352 |
a long-term (at least fifteen years) lease of the real property or | 6353 |
other capital facility to be improved, renovated, constructed, or | 6354 |
acquired and has entered into a joint or cooperative use | 6355 |
agreement, approved by the Department of Mental Health or the | 6356 |
Department of Mental Retardation and Developmental Disabilities, | 6357 |
whichever is applicable, with the governmental agency for that | 6358 |
agency's use of and right to use the capital facilities to be | 6359 |
financed and, if applicable, improved, the value of such use or | 6360 |
right to use being, as determined by the parties, reasonably | 6361 |
related to the amount of the appropriation. | 6362 |
(B) In the case of capital facilities referred to in division | 6363 |
(A)(2) of this section, the joint or cooperative use agreement | 6364 |
shall include, as a minimum, provisions that: | 6365 |
(1) Specify the extent and nature of that joint or | 6366 |
cooperative use, extending for not fewer than fifteen years, with | 6367 |
the value of such use or right to use to be, as determined by the | 6368 |
parties and approved by the approving department, reasonably | 6369 |
related to the amount of the appropriation; | 6370 |
(2) Provide for pro rata reimbursement to the state should | 6371 |
the arrangement for joint or cooperative use by a governmental | 6372 |
agency be terminated; | 6373 |
(3) Provide that procedures to be followed during the capital | 6374 |
improvement process will comply with appropriate applicable state | 6375 |
laws and rules, including provisions of this act. | 6376 |
Section 22.07. The Treasurer of State is hereby authorized | 6377 |
to issue and sell in accordance with Section 2i of Article VIII, | 6378 |
Ohio Constitution, and Chapter 154. of the Revised Code, | 6379 |
particularly section 154.20 of the Revised Code, original | 6380 |
obligations in an aggregate principal amount not to exceed | 6381 |
$20,000,000 in addition to the original issuance of obligations | 6382 |
heretofore authorized by prior acts of the General Assembly. The | 6383 |
authorized obligations shall be issued, subject to applicable | 6384 |
constitutional and statutory limitations, to pay costs of capital | 6385 |
facilities as defined in section 154.01 of the Revised Code for | 6386 |
mental hygiene and retardation. | 6387 |
Section 23.01. All items set forth in Sections 23.02 to | 6388 |
23.45 are hereby appropriated out of any moneys in the state | 6389 |
treasury to the credit of the Higher Education Improvement Fund | 6390 |
(Fund 034) that are not otherwise appropriated. | 6391 |
Appropriations |
Section 23.02. OEB OHIO EDUCATIONAL TELECOMMUNICATIONS | 6392 |
NETWORK COMMISSION | 6393 |
CAP-001 | Educational TV and Radio Equipment | $ | 1,027,038 | 6395 | |||
Total Ohio Educational Telecommunications | 6396 | ||||||
Network Commission | $ | 1,027,038 | 6397 |
Appropriations |
Section 23.03. BOARD OF REGENTS AND STATE INSTITUTIONS OF | 6399 |
HIGHER EDUCATION | 6400 |
6401 |
CAP-025 | Instructional and Data Processing Equipment | $ | 28,268,395 | 6402 | |||
CAP-029 | Ohio Library and Information Network | $ | 8,100,000 | 6403 | |||
CAP-030 | Ohio Supercomputer Center Expansion | $ | 6,750,000 | 6404 | |||
CAP-032 | Research Facility Action and Investment Funds | $ | 5,000,000 | 6405 | |||
CAP-064 | Eminent Scholars Capital Grants | $ | 900,000 | 6406 | |||
CAP-068 | Third Frontier | $ | 50,000,000 | 6407 | |||
CAP-070 | Dark Fiber | $ | 4,500,000 | 6408 | |||
CAP-072 | Cleveland Clinic Heart Center Infrastructure Project | $ | 5,000,000 | 6409 | |||
CAP-076 | OSU Agricultural Building | $ | 1,500,000 | 6410 | |||
CAP-077 | Center for Structural Biology at Case Western Reserve University | $ | 1,000,000 | 6411 | |||
CAP-078 | One Cleveland Broadband Network | $ | 500,000 | 6412 | |||
CAP-079 | Central Ohio Technology Corridor - Dublin | $ | 500,000 | 6413 | |||
CAP-080 | Ohio State University Supercomputer Center Aerospace & Defense Initiative | $ | 50,000 | 6414 | |||
Total Board of Regents | $ | 112,068,395 | 6415 |
Section 23.04. RESEARCH FACILITY ACTION AND INVESTMENT FUNDS | 6417 |
The foregoing appropriation item CAP-032, Research Facility | 6418 |
Action and Investment Funds, shall be used for a program of grants | 6419 |
to be administered by the Board of Regents to provide timely | 6420 |
availability of capital facilities for research programs and | 6421 |
research-oriented instructional programs at or involving | 6422 |
state-supported and state-assisted institutions of higher | 6423 |
education. | 6424 |
The Board of Regents shall adopt rules under Chapter 119. of | 6425 |
the Revised Code relative to the application for and approval of | 6426 |
projects funded from appropriation item CAP-032, Research Facility | 6427 |
Action and Investment Funds. The rules shall be reviewed and | 6428 |
approved by the Legislative Committee on Education Oversight. The | 6429 |
Board of Regents shall inform the President of the Senate and the | 6430 |
Speaker of the House of Representatives of each project | 6431 |
application for funding received. Each project receiving a | 6432 |
commitment for funding by the Board of Regents under the rules | 6433 |
shall be reported to the President of the Senate and the Speaker | 6434 |
of the House of Representatives. | 6435 |
Section 23.05. EMINENT SCHOLARS CAPITAL GRANTS | 6436 |
The foregoing appropriation item CAP-064, Eminent Scholars | 6437 |
Capital Grants, shall be used by the Ohio Board of Regents to make | 6438 |
grants to state colleges and universities and nonprofit Ohio | 6439 |
institutions of higher education holding certificates of | 6440 |
authorization issued under section 1713.02 of the Revised Code | 6441 |
that receive endowment grants from appropriation item 235-451, | 6442 |
Eminent Scholars. The capital grants shall be used to acquire, | 6443 |
renovate, rehabilitate, or construct facilities and purchase | 6444 |
equipment to be used by an Eminent Scholar in the conduct of | 6445 |
research, and shall require a 50 per cent match from recipient | 6446 |
campuses. | 6447 |
The Board of Regents shall convene an Eminent Scholars | 6448 |
Advisory Panel, which shall make recommendations for the | 6449 |
administration of the Eminent Scholars program, including the | 6450 |
award of capital grants. The panel's recommendations for capital | 6451 |
awards from appropriation item CAP-064, Eminent Scholars Capital | 6452 |
Grants, shall require the approval of the Board of Regents. | 6453 |
Section 23.06. THIRD FRONTIER | 6454 |
The foregoing appropriation item CAP-068, Third Frontier, | 6455 |
shall be used to acquire, renovate, or construct facilities and | 6456 |
purchase equipment for research programs, technology development, | 6457 |
product development, and commercialization programs at or | 6458 |
involving state-supported and state-assisted institutions of | 6459 |
higher education. The funds shall be used to make grants awarded | 6460 |
on a competitive basis, and shall be administered by the Third | 6461 |
Frontier Commission. Expenditure of these funds shall comply with | 6462 |
Section 2n of Article VIII, Ohio Constitution, and sections 151.01 | 6463 |
and 151.04 of the Revised Code for the period beginning July 1, | 6464 |
2004, and ending June 30, 2006. | 6465 |
The Third Frontier Commission shall develop guidelines | 6466 |
relative to the application for and selection of projects funded | 6467 |
from appropriation item CAP-068, Third Frontier. The commission | 6468 |
may develop these guidelines in consultation with other interested | 6469 |
parties. The Board of Regents and all state-assisted and | 6470 |
state-supported institutions of higher education shall take all | 6471 |
actions necessary to implement grants awarded by the Third | 6472 |
Frontier Commission. | 6473 |
The foregoing appropriation item CAP-068, Third Frontier, for | 6474 |
which an appropriation is made from the Higher Education | 6475 |
Improvement Fund (Fund 034), is determined to consist of capital | 6476 |
improvements and capital facilities for state-supported and | 6477 |
state-assisted institutions of higher education, and is designated | 6478 |
for the capital facilities to which proceeds of obligations in the | 6479 |
Higher Education Improvement Fund (Fund 034) are to be applied. | 6480 |
Section 23.07. REIMBURSEMENT FOR PROJECT COSTS | 6481 |
Appropriations made in Sections 23.08 to 23.45 of this act | 6482 |
for purposes of costs of capital facilities for the interim | 6483 |
financing of which the particular institution has previously | 6484 |
issued its own obligations anticipating the possibility of future | 6485 |
state appropriations to pay all or a portion of such costs, as | 6486 |
contemplated in division (B) of section 3345.12 of the Revised | 6487 |
Code, shall be paid directly to the institution or the paying | 6488 |
agent for those outstanding obligations in the full principal | 6489 |
amount of those obligations then to be paid from the anticipated | 6490 |
appropriation, and shall be timely applied to the retirement of a | 6491 |
like principal amount of the institution's obligations. | 6492 |
Appropriations made in Sections 23.08 to 23.45 of this act | 6493 |
for purposes of costs of capital facilities, all or a portion of | 6494 |
which costs the particular institution has paid from the | 6495 |
institution's moneys that were temporarily available and which | 6496 |
expenditures were reasonably expected at the time of the advance | 6497 |
by the institution to be reimbursed from the proceeds of | 6498 |
obligations issued by the state, shall be directly paid to the | 6499 |
institution in the full amounts of those payments, and shall be | 6500 |
timely applied to the reimbursement of those temporarily available | 6501 |
moneys. All reimbursements are subject to review and approval | 6502 |
through the capital release process. | 6503 |
Appropriations |
Section 23.08. UAK UNIVERSITY OF AKRON | 6504 |
CAP-008 | Basic Renovations | $ | 3,673,967 | 6505 | |||
CAP-047 | Polsky Building | $ | 2,800,918 | 6506 | |||
CAP-049 | Basic Renovations-Wayne | $ | 122,466 | 6507 | |||
CAP-054 | Auburn West Tower Rehabilitation Phase II | $ | 8,316,562 | 6508 | |||
CAP-077 | Leigh Hall Phase II | $ | 1,680,000 | 6509 | |||
CAP-113 | Student & Administrative Services Building Phase II | $ | 905,464 | 6510 | |||
CAP-114 | Facilities Enhancement Building H Phase II | $ | 628,277 | 6511 | |||
CAP-115 | Medina County University Center | $ | 1,000,000 | 6512 | |||
Total University of Akron | $ | 19,127,654 | 6513 |
Appropriations |
Section 23.09. BGU BOWLING GREEN STATE UNIVERSITY | 6515 |
CAP-009 | Basic Renovations | $ | 3,319,413 | 6516 | |||
CAP-060 | Basic Renovations-Firelands | $ | 191,849 | 6517 | |||
CAP-112 | Biology Laboratory Building Phase II | $ | 11,334,113 | 6518 | |||
CAP-126 | Re-Roof East, West, and North Bldgs | $ | 600,000 | 6519 | |||
CAP-127 | Instructional Laboratory Phase I | $ | 123,735 | 6520 | |||
CAP-128 | Perrysburg Heights Multipurpose Facility | $ | 500,000 | 6521 | |||
CAP-129 | Wood County Senior Kitchen Project | $ | 500,000 | 6522 | |||
Total Bowling Green University | $ | 16,569,110 | 6523 |
Appropriations |
Section 23.10. CSU CENTRAL STATE UNIVERSITY | 6525 |
CAP-022 | Basic Renovations | $ | 739,133 | 6526 | |||
CAP-084 | Academic Facility-Phase II | $ | 3,734,139 | 6527 | |||
Total Central State University | $ | 4,473,272 | 6528 |
Appropriations |
Section 23.11. UCN UNIVERSITY OF CINCINNATI | 6529 |
CAP-009 | Basic Renovations | $ | 7,022,622 | 6530 | |||
CAP-018 | Basic Renovations-Clermont | $ | 198,926 | 6531 | |||
CAP-054 | Basic Renovations-Walters | $ | 336,439 | 6532 | |||
CAP-131 | Cinergy Convention Center | $ | 2,500,000 | 6533 | |||
CAP-174 | Classroom/Teaching Laboratory Renovations | $ | 3,280,000 | 6534 | |||
CAP-176 | Network Expansion | $ | 1,820,000 | 6535 | |||
CAP-205 | Medical Science Building | $ | 5,870,374 | 6536 | |||
CAP-209 | Library Renovations | $ | 1,450,000 | 6537 | |||
CAP-224 | Van Wormer Administrative Building Rehabilitation | $ | 2,632,000 | 6538 | |||
CAP-263 | Swift Rehabilitation | $ | 9,000,000 | 6539 | |||
CAP-265 | Rieveschl/Crosley Rehab/Expansion | $ | 619,579 | 6540 | |||
CAP-269 | Raymond Walters Veterinary College | $ | 1,244,131 | 6541 | |||
CAP-313 | Expand Clermont | $ | 657,770 | 6542 | |||
CAP-329 | Uptown Consortium Renovation of Turner Place | $ | 250,000 | 6543 | |||
Total University of Cincinnati | $ | 36,881,841 | 6544 |
Appropriations |
Section 23.12. CLS CLEVELAND STATE UNIVERSITY | 6546 |
CAP-023 | Basic Renovations | $ | 3,267,875 | 6547 | |||
CAP-125 | College of Education Building | $ | 8,057,262 | 6548 | |||
CAP-130 | WVIZ Technology Center/Playhouse Square | $ | 750,000 | 6549 | |||
CAP-152 | Rhodes Tower-Data Center Relocation | $ | 1,000,000 | 6550 | |||
CAP-153 | University Annex-Vacation and Demolition | $ | 49,390 | 6551 | |||
CAP-154 | Main Classroom Stair Tower & Entry | $ | 1,500,000 | 6552 | |||
CAP-155 | Cleveland Playhouse | $ | 250,000 | 6553 | |||
CAP-156 | Physical Education Building Rehabilitation | $ | 1,000,000 | 6554 | |||
Total Cleveland State University | $ | 15,874,527 | 6555 |
Appropriations |
Section 23.13. KSU KENT STATE UNIVERSITY | 6557 |
CAP-022 | Basic Renovations | $ | 3,573,078 | 6558 | |||
CAP-105 | Basic Renovations-East Liverpool | $ | 151,408 | 6559 | |||
CAP-106 | Basic Renovations-Geauga | $ | 45,607 | 6560 | |||
CAP-107 | Basic Renovations-Salem | $ | 105,640 | 6561 | |||
CAP-108 | Basic Renovations-Stark | $ | 325,358 | 6562 | |||
CAP-110 | Basic Renovations-Ashtabula | $ | 177,801 | 6563 | |||
CAP-111 | Basic Renovations-Trumbull | $ | 347,695 | 6564 | |||
CAP-112 | Basic Renovations-Tuscarawas | $ | 171,699 | 6565 | |||
CAP-212 | Health Science Building, Planning | $ | 705,720 | 6566 | |||
CAP-235 | Rehabilitation of Franklin Hall | $ | 13,923,684 | 6567 | |||
CAP-260 | Land Acquisitions & Improvements-East Liverpool | $ | 638,419 | 6568 | |||
CAP-261 | Addition/Renovation of Classrooms-Geauga | $ | 246,878 | 6569 | |||
CAP-262 | Gym Renovation Planning-Salem | $ | 490,213 | 6570 | |||
CAP-263 | Parking Lot & Roadway Paving-Stark | $ | 162,076 | 6571 | |||
CAP-264 | Fine Arts Building & New Campus Center-Stark | $ | 1,000,000 | 6572 | |||
CAP-265 | Science Lab Addition-Trumbull | $ | 991,786 | 6573 | |||
CAP-266 | Fine & Performing Arts Center - Tuscarawas | $ | 844,655 | 6574 | |||
CAP-267 | Columbiana County Port Authority | $ | 875,000 | 6575 | |||
CAP-268 | Canton Convention Center | $ | 735,000 | 6576 | |||
Total Kent State University | $ | 25,511,717 | 6577 |
Appropriations |
Section 23.14. MUN MIAMI UNIVERSITY | 6579 |
CAP-018 | Basic Renovations | $ | 3,361,718 | 6580 | |||
CAP-066 | Basic Renovations - Hamilton | $ | 338,149 | 6581 | |||
CAP-069 | Basic Renovations - Middletown | $ | 342,582 | 6582 | |||
CAP-113 | Academic/Administrative Renovation Projects - Hamilton | $ | 561,504 | 6583 | |||
CAP-127 | Campus Steam Loop Connections | $ | 1,457,000 | 6584 | |||
CAP-142 | Engineering & Applied Science Facility | $ | 3,200,000 | 6585 | |||
CAP-145 | Campus Chilled Water Efficiency Upgrade | $ | 725,000 | 6586 | |||
CAP-146 | Information Technology Systems Upgrade | $ | 1,201,284 | 6587 | |||
CAP-150 | Student & Community Center | $ | 2,530,865 | 6588 | |||
CAP-157 | Presser Hall Rehabilitation | $ | 3,015,740 | 6589 | |||
CAP-158 | Psychology & Animal Care Facility | $ | 2,500,000 | 6590 | |||
Total Miami University | $ | 19,233,842 | 6591 |
Appropriations |
Section 23.15. OSU OHIO STATE UNIVERSITY | 6593 |
CAP-074 | Basic Renovations | $ | 16,087,255 | 6594 | |||
CAP-149 | Basic Renovations - Regional Campuses | $ | 1,364,700 | 6595 | |||
CAP-255 | Supplemental Renovations - OARDC | $ | 1,563,997 | 6596 | |||
CAP-427 | Morrill Hall - 1st Floor Rehabilitation | $ | 603,137 | 6597 | |||
CAP-486 | Larkins Hall Addition and Rehabilitation | $ | 6,417,109 | 6598 | |||
CAP-487 | Robinson Laboratory Replacement | $ | 24,200,000 | 6599 | |||
CAP-531 | Plant & Animal Agrosecurity Research Facility | $ | 4,830,718 | 6600 | |||
CAP-534 | Main Library Rehabilitation/Expansion | $ | 8,000,000 | 6601 | |||
CAP-535 | Psychology Building | $ | 13,600,000 | 6602 | |||
CAP-701 | OSU Cancer Program Expansion | $ | 2,000,000 | 6603 | |||
CAP-702 | Smith Laboratory Rehabilitation | $ | 2,800,000 | 6604 | |||
CAP-704 | Warner Library and Student Center | $ | 1,070,766 | 6605 | |||
CAP-705 | Hopewell Hall Science Suite | $ | 508,408 | 6606 | |||
CAP-712 | OSU Mansfield - Third Street Project | $ | 234,000 | 6607 | |||
Total Ohio State University | $ | 83,280,090 | 6608 |
Appropriations |
Section 23.16. OHU OHIO UNIVERSITY | 6610 |
CAP-020 | Basic Renovations | $ | 4,359,577 | 6611 | |||
CAP-095 | Basic Renovations - Eastern | $ | 161,266 | 6612 | |||
CAP-098 | Basic Renovations - Lancaster | $ | 220,122 | 6613 | |||
CAP-099 | Basic Renovations - Zanesville | $ | 208,065 | 6614 | |||
CAP-113 | Basic Renovations - Chillicothe | $ | 191,356 | 6615 | |||
CAP-114 | Basic Renovations - Ironton | $ | 109,277 | 6616 | |||
CAP-115 | Bennett Hall Interior Renovation Phase II | $ | 101,793 | 6617 | |||
CAP-155 | Brasee Hall Interior Renovations | $ | 835,520 | 6618 | |||
CAP-172 | Elson Hall Renovation Phase III | $ | 909,284 | 6619 | |||
CAP-203 | Classroom Improvements | $ | 50,000 | 6620 | |||
CAP-214 | Science/Fine Arts Renovation Phase II | $ | 305,000 | 6621 | |||
CAP-216 | Proctorville Planning and Site Improvements | $ | 448,831 | 6622 | |||
CAP-222 | Clippinger Lab Planning | $ | 112,709 | 6623 | |||
CAP-223 | Alden Library Planning | $ | 150,000 | 6624 | |||
CAP-224 | University Center Replacement | $ | 11,390,000 | 6625 | |||
CAP-225 | Lausche Heating Plant | $ | 4,800,000 | 6626 | |||
CAP-226 | New Grounds Maintenance Building | $ | 259,064 | 6627 | |||
CAP-227 | Chillicothe Parking & Roadway | $ | 480,000 | 6628 | |||
CAP-228 | Shoemaker Center Air Conditioning | $ | 271,000 | 6629 | |||
CAP-230 | Kettering Medical Center - Nixon Research Facility | $ | 450,000 | 6630 | |||
CAP-231 | Supplemental Renovations - Ironton | $ | 100,000 | 6631 | |||
Total Ohio University | $ | 25,912,864 | 6632 |
Appropriations |
Section 23.17. SSC SHAWNEE STATE UNIVERSITY | 6634 |
CAP-004 | Basic Renovations | $ | 792,535 | 6635 | |||
CAP-044 | Land Acquisition | $ | 227,681 | 6636 | |||
CAP-051 | Rhodes Center Rehabilitation | $ | 1,315,586 | 6637 | |||
Total Shawnee State University | $ | 2,335,802 | 6638 |
Appropriations |
Section 23.18. UTO UNIVERSITY OF TOLEDO | 6640 |
CAP-010 | Basic Renovations | $ | 3,762,792 | 6641 | |||
CAP-105 | Gillham Hall Rehabilitation | $ | 2,000,000 | 6642 | |||
CAP-122 | Bowman-Oddy Instructional Labs | $ | 6,000,000 | 6643 | |||
CAP-123 | Classrooms, Instructional & Research Labs, Program & Design | $ | 5,206,304 | 6644 | |||
Total University of Toledo | $ | 16,969,096 | 6645 |
Appropriations |
Section 23.19. WSU WRIGHT STATE UNIVERSITY | 6647 |
CAP-015 | Basic Renovations | $ | 2,752,255 | 6648 | |||
CAP-064 | Basic Renovations - Lake | $ | 91,232 | 6649 | |||
CAP-115 | Russ Engineering Expansion | $ | 369,000 | 6650 | |||
CAP-116 | Rike Hall Renovation | $ | 2,000,000 | 6651 | |||
CAP-119 | Science Lab Renovations (Planning) | $ | 5,720,940 | 6652 | |||
CAP-120 | Lake Campus University Center | $ | 1,420,709 | 6653 | |||
CAP-127 | Rehabilitate Festival Playhouse | $ | 1,000,000 | 6654 | |||
CAP-128 | Glenn Helen Preserve Eco Art Classroom | $ | 25,000 | 6655 | |||
Total Wright State University | $ | 13,379,136 | 6656 |
Appropriations |
Section 23.20. YSU YOUNGSTOWN STATE UNIVERSITY | 6658 |
CAP-014 | Basic Renovations | $ | 2,355,915 | 6659 | |||
CAP-108 | Youngstown Convocation Center | $ | 2,000,000 | 6660 | |||
CAP-113 | Campus Development | $ | 2,095,731 | 6661 | |||
CAP-114 | Steam Distribuition & Central Utility Plant Upgrade | $ | 500,000 | 6662 | |||
CAP-125 | Campus-wide Building Systems Upgrades | $ | 743,040 | 6663 | |||
CAP-126 | Technology Upgrades | $ | 2,267,081 | 6664 | |||
CAP-127 | Recreation and Wellness Center | $ | 1,000,000 | 6665 | |||
CAP-128 | Youngstown Market Ready Incubator | $ | 750,000 | 6666 | |||
CAP-131 | Masonry Restoration | $ | 619,200 | 6667 | |||
Total Youngstown State University | $ | 12,330,967 | 6668 |
Appropriations |
Section 23.21. MCO MEDICAL UNIVERSITY OF OHIO | 6670 |
CAP-010 | Basic Renovations | $ | 1,197,170 | 6671 | |||
CAP-066 | Core Research Facility | $ | 2,000,000 | 6672 | |||
CAP-076 | Supplemental Renovations | $ | 863,287 | 6673 | |||
CAP-078 | Clinical Academic Renovation | $ | 585,949 | 6674 | |||
Total Medical University of Ohio | $ | 4,646,406 | 6675 |
Appropriations |
Section 23.22. NEM NORTHEASTERN OHIO UNIVERSITIES COLLEGE OF | 6677 |
MEDICINE | 6678 |
CAP-018 | Basic Renovations | $ | 426,790 | 6679 | |||
CAP-048 | Rehabilitation of Multi-Disciplinary Laboratories | $ | 1,346,879 | 6680 | |||
Total Northeastern Ohio Universities College of Medicine | $ | 1,773,669 | 6681 |
Appropriations |
Section 23.23. CTC CINCINNATI STATE COMMUNITY COLLEGE | 6683 |
CAP-013 | Basic Renovations | $ | 747,037 | 6684 | |||
CAP-030 | Student Life and Education Center | $ | 2,865,422 | 6685 | |||
CAP-037 | Classroom Technology Enhancements | $ | 792,372 | 6686 |
Total Cincinnati State Community College | $ | 4,404,831 | 6687 |
Appropriations |
Section 23.24. CLT CLARK STATE COMMUNITY COLLEGE | 6688 |
CAP-006 | Basic Renovations | $ | 396,136 | 6689 | |||
CAP-039 | Clark State Health and Education Center | $ | 100,000 | 6690 | |||
CAP-041 | Student/Technology Center | $ | 1,270,607 | 6691 | |||
CAP-042 | Springfield Second Harvest Foodbank Building | $ | 100,000 | 6692 | |||
CAP-043 | Tecumseh Health and Education Center | $ | 100,000 | 6693 | |||
Total Clark State Community College | $ | 1,966,743 | 6694 |
Appropriations |
Section 23.25. CTI COLUMBUS STATE COMMUNITY COLLEGE | 6696 |
CAP-006 | Basic Renovations | $ | 1,126,207 | 6697 | |||
CAP-052 | Building E Construction | $ | 19,732,839 | 6698 |
Total Columbus State Community College | $ | 20,859,046 | 6699 |
Appropriations |
Section 23.26. CCC CUYAHOGA COMMUNITY COLLEGE | 6700 |
CAP-031 | Basic Renovations | $ | 2,428,960 | 6701 | |||
CAP-079 | Cleveland Art Museum Improvements | $ | 3,000,000 | 6702 | |||
CAP-094 | Collegewide Wayfinding Signage System | $ | 1,067,510 | 6703 | |||
CAP-095 | Collegewide Asset Protection and Building Codes Upgrade | $ | 1,491,522 | 6704 | |||
CAP-096 | Health Care Technology Building - Eastern | $ | 6,050,264 | 6705 |
Total Cuyahoga Community College | $ | 14,038,256 | 6706 |
Appropriations |
Section 23.27. ESC EDISON STATE COMMUNITY COLLEGE | 6707 |
CAP-006 | Basic Renovations | $ | 268,039 | 6708 | |||
Total Edison State Community College | $ | 268,039 | 6709 |
Appropriations |
Section 23.28. JTC JEFFERSON COMMUNITY COLLEGE | 6711 |
CAP-022 | Basic Renovations | $ | 210,806 | 6712 | |||
CAP-043 | Replacement of Administrative Hardware and Software System | $ | 320,860 | 6713 | |||
Total Jefferson Community College | $ | 531,666 | 6714 |
Appropriations |
Section 23.29. LCC LAKELAND COMMUNITY COLLEGE | 6716 |
CAP-006 | Basic Renovations | $ | 827,053 | 6717 | |||
CAP-045 | Instructional Use Building | $ | 2,433,264 | 6718 | |||
Total Lakeland Community College | $ | 3,260,317 | 6719 |
Appropriations |
Section 23.30. LOR LORAIN COUNTY COMMUNITY COLLEGE | 6721 |
CAP-005 | Basic Renovations | $ | 937,172 | 6722 | |||
CAP-044 | Learning Technology Center | $ | 8,857,919 | 6723 | |||
Total Lorain County Community College | $ | 9,795,091 | 6724 |
Appropriations |
Section 23.31. NTC NORTHWEST STATE COMMUNITY COLLEGE | 6726 |
CAP-003 | Basic Renovations | $ | 255,977 | 6727 | |||
CAP-022 | Branch Campus Facility | $ | 400,000 | 6728 | |||
Total Northwest State Community College | $ | 655,977 | 6729 |
Appropriations |
Section 23.32. OTC OWENS COMMUNITY COLLEGE | 6731 |
CAP-019 | Basic Renovations | $ | 1,231,693 | 6732 | |||
CAP-039 | Academic Services Building, Phase II - Findlay | $ | 3,160,268 | 6733 | |||
CAP-040 | Fire and Police Training Site for Homeland Security, Phase II | $ | 1,000,000 | 6734 | |||
Total Owens Community College | $ | 5,391,961 | 6735 |
Appropriations |
Section 23.33. RGC RIO GRANDE COMMUNITY COLLEGE | 6737 |
CAP-005 | Basic Renovations | $ | 341,403 | 6738 | |||
CAP-025 | Student Center | $ | 125,000 | 6739 | |||
CAP-026 | Supplemental Renovations | $ | 200,000 | 6740 | |||
Total Rio Grande Community College | $ | 666,403 | 6741 |
Appropriations |
Section 23.34. SCC SINCLAIR COMMUNITY COLLEGE | 6743 |
CAP-007 | Basic Renovations | $ | 1,860,925 | 6744 | |||
CAP-059 | National Composite Center | $ | 2,000,000 | 6745 | |||
Total Sinclair Community College | $ | 3,860,925 | 6746 |
Appropriations |
Section 23.35. SOC SOUTHERN STATE COMMUNITY COLLEGE | 6748 |
CAP-010 | Basic Renovations | $ | 250,644 | 6749 | |||
CAP-011 | Supplemental Renovations | $ | 100,000 | 6750 | |||
Total Southern State Community College | $ | 350,644 | 6751 |
Appropriations |
Section 23.36. TTC TERRA STATE COMMUNITY COLLEGE | 6753 |
CAP-009 | Basic Renovations | $ | 287,915 | 6754 | |||
CAP-020 | New Health and Science Building | $ | 2,967,947 | 6755 | |||
Total Terra State Community College | $ | 3,255,862 | 6756 |
Appropriations |
Section 23.37. WTC WASHINGTON STATE COMMUNITY COLLEGE | 6758 |
CAP-006 | Basic Renovations | $ | 231,224 | 6759 | |||
Total Washington State Community College | $ | 231,224 | 6760 |
Appropriations |
Section 23.38. BTC BELMONT TECHNICAL COLLEGE | 6762 |
CAP-008 | Basic Renovations | $ | 194,718 | 6763 | |||
Total Belmont Technical College | $ | 194,718 | 6764 |
Appropriations |
Section 23.39. COT CENTRAL OHIO TECHNICAL COLLEGE | 6766 |
CAP-003 | Basic Renovations | $ | 165,714 | 6767 | |||
CAP-012 | Warner Library and Student Center | $ | 718,558 | 6768 | |||
CAP-013 | Hopewell Hall Science Suite | $ | 354,765 | 6769 | |||
CAP-014 | Founders Hopewell Halls | $ | 5,158 | 6770 | |||
Total Central Ohio Technical College | $ | 1,244,195 | 6771 |
Appropriations |
Section 23.40. HTC HOCKING TECHNICAL COLLEGE | 6773 |
CAP-019 | Basic Renovations | $ | 425,525 | 6774 | |||
CAP-042 | McClenaghan Center for Hospitality Training | $ | 1,283,437 | 6775 | |||
CAP-044 | Hocking College Fire and Emergency Training Center | $ | 250,000 | 6776 | |||
Total Hocking Technical College | $ | 1,958,962 | 6777 |
Appropriations |
Section 23.41. LTC JAMES RHODES STATE COLLEGE | 6779 |
CAP-004 | Basic Renovations | $ | 271,100 | 6780 | |||
Total James Rhodes State College | $ | 271,100 | 6781 |
Appropriations |
Section 23.42. MTC MARION TECHNICAL COLLEGE | 6783 |
CAP-004 | Basic Renovations | $ | 103,485 | 6784 | |||
Total Marion Technical College | $ | 103,485 | 6785 |
Appropriations |
Section 23.43. MAT ZANE STATE COLLEGE | 6787 |
CAP-007 | Basic Renovations | $ | 253,769 | 6788 | |||
CAP-021 | Lighting/HVAC Replacement | $ | 547,039 | 6789 | |||
CAP-022 | Improve Campus Entrance | $ | 175,000 | 6790 | |||
Total Zane State College | $ | 975,808 | 6791 |
Appropriations |
Section 23.44. NCC NORTH CENTRAL TECHNICAL COLLEGE | 6793 |
CAP-003 | Basic Renovations | $ | 384,097 | 6794 | |||
CAP-014 | Kee Hall Roof Rehabilitation | $ | 509,000 | 6795 | |||
CAP-015 | Richland/Braintree Incubator | $ | 250,000 | 6796 | |||
CAP-018 | Fallerius Renovation Phase II | $ | 480,073 | 6797 | |||
Total North Central Technical College | $ | 1,623,170 | 6798 |
Appropriations |
Section 23.45. STC STARK TECHNICAL COLLEGE | 6800 |
CAP-004 | Basic Renovations | $ | 438,295 | 6801 | |||
CAP-035 | Business Technologies Addition Rehabilitation | $ | 1,378,892 | 6802 | |||
CAP-037 | Fuel Cell Initiative | $ | 250,000 | 6803 | |||
Total Stark Technical College | $ | 2,067,187 | 6804 | ||||
Total Board of Regents and State | 6805 | ||||||
Institutions of Higher Education | $ | 488,343,998 | 6806 | ||||
TOTAL Higher Education Improvement Fund | $ | 489,371,036 | 6807 |
Section 23.46. DEBT SERVICE FORMULA ALLOCATION | 6809 |
Based on the foregoing appropriations in Sections 23.08 to | 6810 |
23.45 of this act, from Fund 034, Higher Education Improvement | 6811 |
Fund, the following higher education institutions shall be | 6812 |
responsible for the specified amounts as part of the debt service | 6813 |
component of the instructional subsidy beginning in fiscal year | 6814 |
2006: | 6815 |
INSTITUTION | AMOUNT | 6816 | |||
University of Akron | $ | 13,702,944 | 6817 | ||
University of Akron - Wayne | $ | 628,277 | 6818 | ||
Bowling Green State University | $ | 11,334,113 | 6819 | ||
Bowling Green State University - Firelands | $ | 723,735 | 6820 | ||
Central State University | $ | 1,734,139 | 6821 | ||
University of Cincinnati | $ | 24,671,953 | 6822 | ||
University of Cincinnati - Clermont | $ | 657,770 | 6823 | ||
University of Cincinnati - Walters | $ | 1,244,131 | 6824 | ||
Cleveland State University | $ | 11,606,653 | 6825 | ||
Kent State University | $ | 13,923,684 | 6826 | ||
Kent State University - Ashtabula | $ | 705,720 | 6827 | ||
Kent State University - East Liverpool | $ | 638,419 | 6828 | ||
Kent State University - Geauga | $ | 246,878 | 6829 | ||
Kent State University - Salem | $ | 490,213 | 6830 | ||
Kent State University - Stark | $ | 1,162,076 | 6831 | ||
Kent State University - Trumbull | $ | 991,786 | 6832 | ||
Kent State University - Tuscarawas | $ | 844,655 | 6833 | ||
Miami University | $ | 12,099,024 | 6834 | ||
Miami University - Hamilton | $ | 561,504 | 6835 | ||
Miami University - Middletown | $ | 2,530,865 | 6836 | ||
Ohio State University | $ | 57,017,109 | 6837 | ||
Ohio State University - Marion | $ | 603,137 | 6838 | ||
Ohio State University - Newark | $ | 1,579,174 | 6839 | ||
Ohio State University - OARDC | $ | 4,830,718 | 6840 | ||
Ohio University | $ | 16,502,709 | 6841 | ||
Ohio University - Eastern | $ | 564,064 | 6842 | ||
Ohio University - Chillicothe | $ | 852,793 | 6843 | ||
Ohio University - Southern | $ | 448,831 | 6844 | ||
Ohio University - Lancaster | $ | 835,520 | 6845 | ||
Ohio University - Zanesville | $ | 909,284 | 6846 | ||
Shawnee State University | $ | 1,543,267 | 6847 | ||
University of Toledo | $ | 13,206,304 | 6848 | ||
Wright State University | $ | 9,089,940 | 6849 | ||
Wright State University - Lake | $ | 1,420,709 | 6850 | ||
Youngstown State University | $ | 7,225,052 | 6851 | ||
Medical University of Ohio | $ | 3,449,236 | 6852 | ||
Northeastern Ohio Universities College of Medicine | $ | 1,346,879 | 6853 | ||
Cincinnati State Community College | $ | 3,657,795 | 6854 | ||
Clark State Community College | $ | 1,270,607 | 6855 | ||
Columbus State Community College | $ | 5,360,556 | 6856 | ||
Cuyahoga Community College | $ | 8,609,295 | 6857 | ||
Jefferson Community College | $ | 320,860 | 6858 | ||
Lakeland Community College | $ | 2,433,264 | 6859 | ||
Lorain County Community College | $ | 8,857,919 | 6860 | ||
Owens Community College | $ | 4,160,268 | 6861 | ||
Terra State Community College | $ | 2,967,947 | 6862 | ||
Central Ohio Technical College | $ | 1,078,481 | 6863 | ||
Hocking Technical College | $ | 1,283,437 | 6864 | ||
Zane State College | $ | 722,040 | 6865 | ||
North Central Technical College | $ | 989,073 | 6866 | ||
Stark Technical College | $ | 1,378,892 | 6867 |
Institutions not listed above shall not have a debt service | 6868 |
obligation as a result of these appropriations. | 6869 |
Within sixty days after the effective date of this section, | 6870 |
any institution of higher education may notify the Board of | 6871 |
Regents of its intention not to proceed with any project | 6872 |
appropriated in this act. Upon receiving such notification, the | 6873 |
Board of Regents may release the institution from its debt service | 6874 |
obligation for the specific project. | 6875 |
Section 23.47. For all of the foregoing appropriation items | 6876 |
from the Higher Education Improvement Fund (Fund 034) that require | 6877 |
local funds to be contributed by any state-supported or | 6878 |
state-assisted institution of higher education, the Ohio Board of | 6879 |
Regents shall not recommend that any funds be released until the | 6880 |
recipient institution demonstrates to the Board of Regents and the | 6881 |
Office of Budget and Management that the local funds contribution | 6882 |
requirement has been secured or satisfied. The local funds shall | 6883 |
be in addition to the foregoing appropriations. | 6884 |
Section 23.48. The Ohio Public Facilities Commission is | 6885 |
hereby authorized to issue and sell, in accordance with Section 2n | 6886 |
of Article VIII, Ohio Constitution, Chapter 151. and particularly | 6887 |
sections 151.01 and 151.04 of the Revised Code, original | 6888 |
obligations in an aggregate principal amount not to exceed | 6889 |
$476,000,000, in addition to the original issuance of obligations | 6890 |
heretofore authorized by prior acts of the General Assembly. The | 6891 |
authorized obligations shall be issued, subject to applicable | 6892 |
constitutional and statutory limitations, to pay costs of capital | 6893 |
facilities as defined in sections 151.01 and 151.04 of the Revised | 6894 |
Code for state-supported and state-assisted institutions of higher | 6895 |
education. | 6896 |
Section 23.49. None of the foregoing capital improvements | 6897 |
appropriations for state-supported or state-assisted institutions | 6898 |
of higher education shall be expended until the particular | 6899 |
appropriation has been recommended for release by the Ohio Board | 6900 |
of Regents and released by the Director of Budget and Management | 6901 |
or the Controlling Board. Either the institution concerned, or the | 6902 |
Ohio Board of Regents with the concurrence of the institution | 6903 |
concerned, may initiate the request to the Director of Budget and | 6904 |
Management or the Controlling Board for the release of the | 6905 |
particular appropriations. | 6906 |
Section 23.50. (A) No capital improvement appropriations | 6907 |
made in Sections 23.02 to 23.45 of this act shall be released for | 6908 |
planning or for improvement, renovation, construction, or | 6909 |
acquisition of capital facilities if the institution of higher | 6910 |
education or the state does not own the real property on which the | 6911 |
capital facilities are or will be located. This restriction does | 6912 |
not apply in any of the following circumstances: | 6913 |
(1) The institution has a long-term (at least fifteen years) | 6914 |
lease of, or other interest (such as an easement) in, the real | 6915 |
property. | 6916 |
(2) The Ohio Board of Regents certifies to the Controlling | 6917 |
Board that undue delay will occur if planning does not proceed | 6918 |
while the property or property interest acquisition process | 6919 |
continues. In this case, funds may be released upon approval of | 6920 |
the Controlling Board to pay for planning through the development | 6921 |
of schematic drawings only. | 6922 |
(3) In the case of an appropriation for capital facilities | 6923 |
that, because of their unique nature or location, will be owned or | 6924 |
will be part of facilities owned by a separate nonprofit | 6925 |
organization or public body and will be made available to the | 6926 |
institution of higher education for its use, the nonprofit | 6927 |
organization or public body either owns or has a long-term (at | 6928 |
least fifteen years) lease of the real property or other capital | 6929 |
facility to be improved, renovated, constructed, or acquired and | 6930 |
has entered into a joint or cooperative use agreement with the | 6931 |
institution of higher education that meets the requirements of | 6932 |
division (C) of this section. | 6933 |
(B) Any foregoing appropriations which require cooperation | 6934 |
between a technical college and a branch campus of a university | 6935 |
may be released by the Controlling Board upon recommendation by | 6936 |
the Ohio Board of Regents that the facilities proposed by the | 6937 |
institutions are: | 6938 |
(1) The result of a joint planning effort by the university | 6939 |
and the technical college, satisfactory to the Ohio Board of | 6940 |
Regents; | 6941 |
(2) Facilities that will meet the needs of the region in | 6942 |
terms of technical and general education, taking into | 6943 |
consideration the totality of facilities which will be available | 6944 |
after the completion of these projects; | 6945 |
(3) Planned to permit maximum joint use by the university and | 6946 |
technical college of the totality of facilities which will be | 6947 |
available upon their completion; and | 6948 |
(4) To be located on or adjacent to the branch campus of the | 6949 |
university. | 6950 |
(C) The Ohio Board of Regents shall adopt rules regarding the | 6951 |
release of moneys from all the foregoing appropriations for | 6952 |
capital facilities for all state-supported or state-assisted | 6953 |
institutions of higher education. In the case of capital | 6954 |
facilities referred to in division (A)(3) of this section, the | 6955 |
joint or cooperative use agreements shall include, as a minimum, | 6956 |
provisions that: | 6957 |
(1) Specify the extent and nature of that joint or | 6958 |
cooperative use, extending for not fewer than fifteen years, with | 6959 |
the value of such use or right to use to be, as to be determined | 6960 |
by the parties and approved by the Board of Regents, reasonably | 6961 |
related to the amount of the appropriations; | 6962 |
(2) Provide for pro rata reimbursement to the state should | 6963 |
the arrangement for joint or cooperative use be terminated; | 6964 |
(3) Provide that procedures to be followed during the capital | 6965 |
improvement process will comply with appropriate applicable state | 6966 |
laws and rules, including provisions of this act; and | 6967 |
(4) Provide for payment or reimbursement to the institution | 6968 |
of its administrative costs incurred as a result of the facilities | 6969 |
project, not to exceed 1.5 per cent of the appropriated amount. | 6970 |
(D) Upon the recommendation of the Ohio Board of Regents, the | 6971 |
Controlling Board may approve the transfer of appropriations for | 6972 |
projects requiring cooperation between institutions from one | 6973 |
institution to another institution with the approval of both | 6974 |
institutions. | 6975 |
(E) Notwithstanding section 127.14 of the Revised Code, the | 6976 |
Controlling Board, upon the recommendation of the Ohio Board of | 6977 |
Regents, may transfer amounts appropriated to the Ohio Board of | 6978 |
Regents to accounts of state-supported or state-assisted | 6979 |
institutions created for that same purpose. | 6980 |
Section 23.51. The requirements of Chapters 123. and 153. of | 6981 |
the Revised Code, with respect to the powers and duties of the | 6982 |
Director of Administrative Services, and the requirements of | 6983 |
section 127.16 of the Revised Code, with respect to the | 6984 |
Controlling Board, shall not apply to projects of community | 6985 |
college districts, which include Cuyahoga Community College, | 6986 |
Jefferson Community College, Lakeland Community College, Lorain | 6987 |
County Community College, Rio Grande Community College, and | 6988 |
Sinclair Community College; and technical college districts which | 6989 |
include Belmont Technical College, Central Ohio Technical College, | 6990 |
Hocking Technical College, James Rhodes State College, Marion | 6991 |
Technical College, Zane State College, North Central Technical | 6992 |
College, and Stark Technical College. | 6993 |
Section 23.52. Those institutions locally administering | 6994 |
capital improvement projects pursuant to section 3345.50 of the | 6995 |
Revised Code may: | 6996 |
(A) Establish charges for recovering costs directly related | 6997 |
to project administration as defined by the Director of | 6998 |
Administrative Services. The Department of Administrative Services | 6999 |
shall review and approve these administrative charges when such | 7000 |
charges are in excess of 1.5 per cent of the total construction | 7001 |
budget. | 7002 |
(B) Seek reimbursement from state capital appropriations to | 7003 |
the institution for the in-house design services performed by the | 7004 |
institution for such capital projects. Acceptable charges shall be | 7005 |
limited to design document preparation work that is done by the | 7006 |
institution. These reimbursable design costs shall be shown as | 7007 |
"A/E fees" within the project's budget that is submitted to the | 7008 |
Controlling Board or the Director of Budget and Management as part | 7009 |
of a request for release of funds. The reimbursement for in-house | 7010 |
design shall not exceed seven per cent of the estimated | 7011 |
construction cost. | 7012 |
Section 24.01. All items set forth in this section are hereby | 7013 |
appropriated out of any moneys in the state treasury to the credit | 7014 |
of the Parks and Recreation Improvement Fund (Fund 035) that are | 7015 |
not otherwise appropriated. | 7016 |
Appropriations |
7017 |
CAP-004 | Burr Oak Lodge | $ | 150,000 | 7018 | |||
CAP-012 | Land Acquisition | $ | 243,663 | 7019 | |||
CAP-088 | Muskingum River Lock and Dam | $ | 250,000 | 7020 | |||
CAP-234 | State Park Campgrounds, Cabins, and Lodges | $ | 2,712,500 | 7021 | |||
CAP-331 | Park Boating Facilities | $ | 7,588,383 | 7022 | |||
CAP-701 | Buckeye Lake State Park - Dam Rehabilitation | $ | 4,000,000 | 7023 | |||
CAP-718 | Grand Lake St. Mary's State Park Erosion Control Project | $ | 450,000 | 7024 | |||
CAP-748 | Local Park Projects | $ | 2,715,000 | 7025 | |||
CAP-753 | Project Planning | $ | 175,000 | 7026 | |||
CAP-848 | Hazardous Dam Repair - Statewide | $ | 1,325,000 | 7027 | |||
CAP-876 | Statewide Trails | $ | 1,101,500 | 7028 | |||
CAP-931 | Statewide Wastewater/Water Systems Upgrade | $ | 2,500,000 | 7029 | |||
Total Department of Natural Resources | $ | 23,211,046 | 7030 | ||||
TOTAL Parks and Recreation Improvement Fund | $ | 23,211,046 | 7031 |
FEDERAL REIMBURSEMENT | 7032 |
All reimbursements received from the federal government for | 7033 |
any expenditures made pursuant to this section shall be deposited | 7034 |
in the state treasury to the credit of the Parks and Recreation | 7035 |
Improvement Fund (Fund 035). | 7036 |
LOCAL PARKS PROJECTS | 7037 |
Of the foregoing appropriation item CAP-748, Local Parks | 7038 |
Projects, $75,000 shall be used for the Springfield Arts Veterans' | 7039 |
Park; $50,000 shall be used for the Village of Bentleyville Park; | 7040 |
$25,000 shall be used for the Cleveland Police and Firefighters | 7041 |
Memorial Park; $100,000 shall be used for the Parma Heights | 7042 |
Greenbriar Park; $125,000 shall be used for the Fairborn Park | 7043 |
Entrance Project; $250,000 shall be used for the Greene County | 7044 |
Soccer Park; $750,000 shall be used for the Banks Park; $400,000 | 7045 |
shall be used for the Colerain Township Park Improvements; | 7046 |
$200,000 shall be used for the Colerain Township Heritage Park; | 7047 |
$75,000 shall be used for the London Park Project; $50,000 shall | 7048 |
be used for Somerset Park Improvements; $50,000 shall be used for | 7049 |
Meadowbrook Park; $25,000 shall be used for Early Hill Park; | 7050 |
$25,000 shall be used for the Wright-Flyer Aviation Park; $200,000 | 7051 |
shall be used for Madison Township Park; $10,000 shall be used for | 7052 |
the Wellington Soccer Field Park; $10,000 shall be used for the | 7053 |
Greenwich Township Baseball Field Park Improvements; $20,000 shall | 7054 |
be used for the City of London Sports Park; $25,000 shall be used | 7055 |
for the Pleasant Hill Park Ball Field Project; and $250,000 shall | 7056 |
be used for the Education Gateway at Sippo Lake Park. | 7057 |
STATEWIDE TRAILS PROGRAM | 7058 |
Of the foregoing appropriation item CAP-876, Statewide | 7059 |
Trails, $85,000 shall be used for the Williamsburg-Batavia | 7060 |
hike/bike trail; $16,500 shall be used for the South Milford Road | 7061 |
Bike Trail Project; $125,000 shall be used for the Tri-County | 7062 |
Triangle Trail in Fayette county; $100,00 shall be used for the | 7063 |
Tri-County Triangle Trail in Highland County; $125,000 shall be | 7064 |
used for the Tri-County Triangle Trail in Ross county; $550,000 | 7065 |
shall be used for the Camp Chase Ohio to Erie Trail; and $100,000 | 7066 |
shall be used for the Holmes County Park District - Rails to | 7067 |
Trails. | 7068 |
Section 24.02. For the appropriations in Section 24.01 of | 7069 |
this act, the Department of Natural Resources shall periodically | 7070 |
prepare and submit to the Director of Budget and Management the | 7071 |
estimated design, planning, and engineering costs of | 7072 |
capital-related work to be done by the Department of Natural | 7073 |
Resources for each project. Based on the estimates, the Director | 7074 |
of Budget and Management may release appropriations from the | 7075 |
foregoing appropriation item CAP-753, Project Planning, within the | 7076 |
Parks and Recreation Improvement Fund (Fund 035), to pay for | 7077 |
design, planning, and engineering costs incurred by the Department | 7078 |
of Natural Resources for the projects. Upon release of the | 7079 |
appropriations by the Director of Budget and Management, the | 7080 |
Department of Natural Resources shall pay for these expenses from | 7081 |
the Parks Capital Expenses Fund (Fund 227), and be reimbursed by | 7082 |
the Parks and Recreation Improvement Fund (Fund 035) using an | 7083 |
intrastate voucher. | 7084 |
Section 24.03. The Treasurer of State is hereby authorized | 7085 |
to issue and sell, in accordance with Section 2i of Article VIII, | 7086 |
Ohio Constitution, and Chapter 154. of the Revised Code, | 7087 |
particularly section 154.22 of the Revised Code, original | 7088 |
obligations in an aggregate principal amount not to exceed | 7089 |
$22,000,000, in addition to the original issuance of obligations | 7090 |
heretofore authorized by prior acts of the General Assembly. The | 7091 |
authorized obligations shall be issued, subject to applicable | 7092 |
constitutional and statutory limitations, to pay the costs of | 7093 |
capital facilities for parks and recreation as defined in section | 7094 |
154.01 of the Revised Code. | 7095 |
Section 24.04. (A) No capital improvement appropriations | 7096 |
made in Section 24.01 of this act shall be released for planning | 7097 |
or for improvement, renovation, or construction or acquisition of | 7098 |
capital facilities if a governmental agency, as defined in section | 7099 |
154.01 of the Revised Code, does not own the real property that | 7100 |
constitutes the capital facilities or on which the capital | 7101 |
facilities are or will be located. This restriction does not apply | 7102 |
in any of the following circumstances: | 7103 |
(1) The governmental agency has a long-term (at least fifteen | 7104 |
years) lease of, or other interest (such as an easement) in, the | 7105 |
real property. | 7106 |
(2) In the case of an appropriation for capital facilities | 7107 |
for parks and recreation that, because of their unique nature or | 7108 |
location, will be owned or be part of facilities owned by a | 7109 |
separate nonprofit organization and made available to the | 7110 |
governmental agency for its use or operated by the nonprofit | 7111 |
organization under contract with the governmental agency, the | 7112 |
nonprofit organization either owns or has a long-term (at least | 7113 |
fifteen years) lease of the real property or other capital | 7114 |
facility to be improved, renovated, constructed, or acquired and | 7115 |
has entered into a joint or cooperative use agreement, approved by | 7116 |
the Department of Natural Resources, with the governmental agency | 7117 |
for that agency's use of and right to use the capital facilities | 7118 |
to be financed and, if applicable, improved, the value of such use | 7119 |
or right to use being, as determined by the parties, reasonably | 7120 |
related to the amount of the appropriation. | 7121 |
(B) In the case of capital facilities referred to in division | 7122 |
(A)(2) of this section, the joint or cooperative use agreement | 7123 |
shall include, as a minimum, provisions that: | 7124 |
(1) Specify the extent and nature of that joint or | 7125 |
cooperative use, extending for not fewer than fifteen years, with | 7126 |
the value of such use or right to use to be, as determined by the | 7127 |
parties and approved by the approving department, reasonably | 7128 |
related to the amount of the appropriation; | 7129 |
(2) Provide for pro rata reimbursement to the state should | 7130 |
the arrangement for joint or cooperative use by a governmental | 7131 |
agency be terminated; and | 7132 |
(3) Provide that procedures to be followed during the capital | 7133 |
improvement process will comply with appropriate applicable state | 7134 |
laws and rules, including provisions of this act. | 7135 |
Section 25.01. All items set forth in this section are hereby | 7136 |
appropriated out of any moneys in the state treasury to the credit | 7137 |
of the State Capital Improvements Fund (Fund 038) that are not | 7138 |
otherwise appropriated. | 7139 |
Appropriations |
7140 |
CAP-150 | Local Public Infrastructure | $ | 120,000,000 | 7141 | |||
Total Public Works Commission | $ | 120,000,000 | 7142 | ||||
TOTAL State Capital Improvements Fund | $ | 120,000,000 | 7143 |
The foregoing appropriation item CAP-150, Local Public | 7144 |
Infrastructure, shall be used in accordance with sections 164.01 | 7145 |
to 164.12 of the Revised Code. The Director of the Public Works | 7146 |
Commission may certify to the Director of Budget and Management | 7147 |
that a need exists to appropriate investment earnings to be used | 7148 |
in accordance with sections 164.01 to 164.12 of the Revised Code. | 7149 |
If the Director of Budget and Management determines pursuant to | 7150 |
division (D) of section 164.08 and section 164.12 of the Revised | 7151 |
Code that investment earnings are available to support additional | 7152 |
appropriations, such amounts are hereby appropriated. | 7153 |
Section 25.02. The Ohio Public Facilities Commission is | 7154 |
hereby authorized to issue and sell, in accordance with Section 2m | 7155 |
of Article VIII, Ohio Constitution, and sections 151.01, as | 7156 |
amended by this act, and 151.08 of the Revised Code, original | 7157 |
obligations of the state, in an aggregate principal amount not to | 7158 |
exceed $120,000,000, in addition to the original obligations | 7159 |
heretofore authorized by prior acts of the General Assembly. These | 7160 |
authorized obligations shall be issued and sold from time to time | 7161 |
and in amounts necessary to ensure sufficient moneys to the credit | 7162 |
of the State Capital Improvements Fund (Fund 038) to pay costs | 7163 |
charged to that fund, as estimated by the Director of Budget and | 7164 |
Management. | 7165 |
Section 26.01. All items set forth in this section are hereby | 7166 |
appropriated out of any moneys in the state treasury to the credit | 7167 |
of the Clean Ohio Conservation Fund (Fund 056) that are not | 7168 |
otherwise appropriated. | 7169 |
Appropriations |
7170 |
CAP-152 | Clean Ohio Conservation | $ | 37,500,000 | 7171 | |||
Total Public Works Commission | $ | 37,500,000 | 7172 | ||||
TOTAL Clean Ohio Conservation Fund | $ | 37,500,000 | 7173 |
The foregoing appropriation item CAP-152, Clean Ohio | 7174 |
Conservation, shall be used in accordance with sections 164.20 to | 7175 |
164.27 of the Revised Code. If the Public Works Commission | 7176 |
receives refunds due to project overpayments that are discovered | 7177 |
during the post-project audit, the Director of the Public Works | 7178 |
Commission may certify to the Director of Budget and Management | 7179 |
that refunds have been received. If the Director of Budget and | 7180 |
Management determines that project refunds are available to | 7181 |
support additional appropriations, such amounts are hereby | 7182 |
appropriated. | 7183 |
Section 26.02. The Ohio Public Facilities Commission is | 7184 |
hereby authorized to issue and sell, in accordance with Section 2o | 7185 |
of Article VIII, Ohio Constitution, and sections 151.01 and 151.09 | 7186 |
of the Revised Code, original obligations in an aggregate | 7187 |
principal amount not to exceed $50,000,000, in addition to the | 7188 |
original issuance of obligations heretofore authorized by prior | 7189 |
acts of the General Assembly. These authorized obligations shall | 7190 |
be issued, subject to applicable constitutional and statutory | 7191 |
limitations, as needed to ensure sufficient moneys to the credit | 7192 |
of the Clean Ohio Conservation Fund (Fund 056), the Clean Ohio | 7193 |
Agricultural Easement Fund (Fund 057), and the Clean Ohio Trail | 7194 |
Fund (Fund 061) to pay costs of conservation projects as defined | 7195 |
in sections 151.01 and 151.09 of the Revised Code. | 7196 |
Section 26.03. All items set forth in this section are hereby | 7197 |
appropriated out of any moneys in the state treasury to the credit | 7198 |
of the Clean Ohio Agricultural Easement Fund (Fund 057) that are | 7199 |
not otherwise appropriated. | 7200 |
Appropriations |
7201 |
CAP-047 | Clean Ohio Agricultural Easement | $ | 6,250,000 | 7202 | |||
Total Department of Agriculture | $ | 6,250,000 | 7203 | ||||
TOTAL Clean Ohio Agricultural Easement Fund | $ | 6,250,000 | 7204 |
Section 26.04. All items set forth in this section are hereby | 7206 |
appropriated out of any moneys in the state treasury to the credit | 7207 |
of the Clean Ohio Trail Fund (Fund 061), that are not otherwise | 7208 |
appropriated. | 7209 |
Appropriations |
7210 |
CAP-014 | Clean Ohio Trail | $ | 6,250,000 | 7211 | |||
Total Department of Natural Resources | $ | 6,250,000 | 7212 | ||||
TOTAL Clean Ohio Trail Fund | $ | 6,250,000 | 7213 |
Section 27.01. CERTIFICATION OF RENTAL PAYMENTS | 7215 |
Each request for release of appropriations for any and all | 7216 |
capital improvements and capital facilities for which | 7217 |
appropriations are made in this act from the proceeds of | 7218 |
obligations in the Administrative Building Fund (Fund 026), the | 7219 |
Adult Correctional Building Fund (Fund 027), the Juvenile | 7220 |
Correctional Building Fund (Fund 028), the Cultural and Sports | 7221 |
Facilities Building Fund (Fund 030), the Natural Resources | 7222 |
Projects Fund (Fund 031), the School Building Program Assistance | 7223 |
Fund (Fund 032), the Mental Health Facilities Improvement Fund | 7224 |
(Fund 033), the Higher Education Improvement Fund (Fund 034), and | 7225 |
the Parks and Recreation Improvements Fund (Fund 035) shall have | 7226 |
the certification of the Director of Budget and Management that | 7227 |
sufficient General Revenue Fund moneys are appropriated for and | 7228 |
will be available for rental payments to the Ohio Public | 7229 |
Facilities Commission, the Treasurer of State, and the Ohio | 7230 |
Building Authority in the then-current fiscal biennium relating to | 7231 |
obligations or portions of obligations issued or to be issued in | 7232 |
that fiscal biennium to fund, in the then-current fiscal biennium, | 7233 |
anticipated expenditures from these funds associated with the | 7234 |
request. | 7235 |
Section 27.02. HIGHWAY SAFETY FUND CERTIFICATION OF RENTAL | 7236 |
PAYMENTS | 7237 |
No money shall be encumbered for any capital improvements and | 7238 |
capital facilities for which appropriations are made in excess of | 7239 |
the cash balances from the proceeds of obligations in the Highway | 7240 |
Safety Building Fund (Fund 025) unless the Director of Budget and | 7241 |
Management certifies that sufficient Highway Safety Fund moneys | 7242 |
are appropriated and available for rental payments to the Ohio | 7243 |
Building Authority for debt service payments by the state in the | 7244 |
then-current fiscal biennium relating to obligations or portions | 7245 |
of obligations issued or to be issued in that fiscal biennium to | 7246 |
fund, in the then-current fiscal biennium, anticipated | 7247 |
expenditures from these funds associated with related | 7248 |
encumbrances. | 7249 |
Section 28.01. CERTIFICATION OF AVAILABILITY OF MONEYS | 7250 |
No moneys that require release may be expended from any | 7251 |
appropriation contained in this act without certification of the | 7252 |
Director of Budget and Management that there are sufficient moneys | 7253 |
in the state treasury in the fund from which the appropriation is | 7254 |
made. Such certification shall be based on estimates of revenue, | 7255 |
receipts, and expenses. Nothing herein shall be construed as a | 7256 |
limitation on the authority of the Director of Budget and | 7257 |
Management under section 126.07 of the Revised Code. | 7258 |
Section 28.02. LIMITATIONS ON CAPITAL APPROPRIATIONS | 7259 |
The appropriations made in this act excluding those made to | 7260 |
the State Capital Improvement Fund (Fund 038) and the State | 7261 |
Capital Improvements Revolving Loan Fund (Fund 040) for buildings | 7262 |
or structures, including remodeling and renovations, are limited | 7263 |
to: | 7264 |
(A) Acquisition of real property or interest in real | 7265 |
property; | 7266 |
(B) Buildings and structures, which includes construction, | 7267 |
demolition, lighting and lighting fixtures, and all necessary | 7268 |
utilities, heating and ventilating, plumbing, sprinkling, and | 7269 |
sewer systems, when such systems are authorized or necessary; | 7270 |
(C) Architectural, engineering, and professional services | 7271 |
expenses directly related to the projects; | 7272 |
(D) Machinery that is a part of buildings and structures at | 7273 |
the time of initial acquisition or construction; | 7274 |
(E) Acquisition, development, and deployment of new computer | 7275 |
systems, including the redevelopment or integration of existing | 7276 |
and new computer systems, but excluding regular or ongoing | 7277 |
maintenance or support agreements; | 7278 |
(F) Equipment that meets all the following criteria: | 7279 |
(1) The equipment is essential in bringing the facility up to | 7280 |
its intended use. | 7281 |
(2) The unit cost of the equipment, and not the individual | 7282 |
parts of a unit, is approximately $100 or more. | 7283 |
(3) The equipment has a useful life of five years or more. | 7284 |
(4) The equipment is necessary for the functioning of the | 7285 |
particular facility or project. | 7286 |
No equipment shall be paid for from these appropriations that | 7287 |
is not an integral part of or directly related to the basic | 7288 |
purpose or function of a facility or project for which moneys are | 7289 |
appropriated. This does not apply to line items for equipment. | 7290 |
Section 28.03. CONTINGENCY RESERVE REQUIREMENT | 7291 |
Any request for release of capital appropriations by the | 7292 |
Director of Budget and Management or the Controlling Board of | 7293 |
capital appropriations for projects, the contracts for which are | 7294 |
awarded by the Department of Administrative Services, shall | 7295 |
contain a contingency reserve, the amount of which shall be | 7296 |
determined by the Department of Administrative Services, for | 7297 |
payment of unanticipated project expenses. Any amount deducted | 7298 |
from the encumbrance for a contractor's contract as an assessment | 7299 |
for liquidated damages shall be added to the encumbrance for the | 7300 |
contingency reserve. Contingency reserve funds shall be used to | 7301 |
pay costs resulting from unanticipated job conditions, to comply | 7302 |
with rulings regarding building and other codes, to pay costs | 7303 |
related to errors or omissions in contract documents, to pay costs | 7304 |
associated with changes in the scope of work, and to pay the cost | 7305 |
of settlements and judgments related to the project. | 7306 |
Any funds remaining upon completion of a project may, upon | 7307 |
approval of the Controlling Board, be released for the use of the | 7308 |
institution to which the appropriation was made for other capital | 7309 |
facilities projects. | 7310 |
Section 28.04. AGENCY ADMINISTRATION OF CAPITAL FACILITIES | 7311 |
PROJECTS | 7312 |
Notwithstanding sections 123.01 and 123.15 of the Revised | 7313 |
Code, the Director of Administrative Services may authorize the | 7314 |
Departments of Mental Health, Mental Retardation and Developmental | 7315 |
Disabilities, Alcohol and Drug Addiction Services, Agriculture, | 7316 |
Job and Family Services, Rehabilitation and Correction, Youth | 7317 |
Services, Public Safety and Transportation, the Ohio Veterans' | 7318 |
Home, and the Rehabilitation Services Commission to administer any | 7319 |
capital facilities projects the estimated cost of which, including | 7320 |
design fees, construction, equipment, and contingency amounts, is | 7321 |
less than $1,500,000. Requests for authorization to administer | 7322 |
capital facilities projects shall be made in writing to the | 7323 |
Director of Administrative Services by the applicable state agency | 7324 |
within sixty days after the effective date of the act in which the | 7325 |
General Assembly initially makes an appropriation for the project. | 7326 |
Upon the release of funds for such projects by the Controlling | 7327 |
Board or the Director of Budget and Management, the agency may | 7328 |
administer the capital project or projects for which agency | 7329 |
administration has been authorized without the supervision, | 7330 |
control, or approval of the Director of Administrative Services. | 7331 |
The state agency authorized by the Director of Administrative | 7332 |
Services to administer capital facilities projects pursuant to | 7333 |
this section shall comply with the applicable procedures and | 7334 |
guidelines established in Chapter 153. of the Revised Code. | 7335 |
Section 28.05. SATISFACTION OF JUDGMENTS AND SETTLEMENTS | 7336 |
AGAINST THE STATE | 7337 |
Except as otherwise provided in this section, an | 7338 |
appropriation in this act or any other act may be used for the | 7339 |
purpose of satisfying judgments, settlements, or administrative | 7340 |
awards ordered or approved by the Court of Claims or by any other | 7341 |
court of competent jurisdiction in connection with civil actions | 7342 |
against the state. This authorization does not apply to | 7343 |
appropriations to be applied to or used for payment of guarantees | 7344 |
by or on behalf of the state, or for payments under lease | 7345 |
agreements relating to or debt service on bonds, notes, or other | 7346 |
obligations of the state. Notwithstanding any other section of law | 7347 |
to the contrary, this authorization includes appropriations from | 7348 |
funds into which proceeds or direct obligations of the state are | 7349 |
deposited only to the extent that the judgment, settlement, or | 7350 |
administrative award is for or represents capital costs for which | 7351 |
the appropriation may otherwise be used and is consistent with the | 7352 |
purpose for which any related obligations were issued or entered | 7353 |
into. Nothing contained in this section is intended to subject the | 7354 |
state to suit in any forum in which it is not otherwise subject to | 7355 |
suit, and it is not intended to waive or compromise any defense or | 7356 |
right available to the state in any suit against it. | 7357 |
Section 28.06. CAPITAL RELEASES BY THE DIRECTOR OF BUDGET AND | 7358 |
MANAGEMENT | 7359 |
Notwithstanding section 126.14 of the Revised Code, | 7360 |
appropriations for appropriation items CAP-002, Local Jails, and | 7361 |
CAP-003, Community-Based Correctional Facilities, appropriated | 7362 |
from the Adult Correctional Building Fund (Fund 027) to the | 7363 |
Department of Rehabilitation and Correction shall be released upon | 7364 |
the written approval of the Director of Budget and Management. The | 7365 |
appropriations from the Public School Building Fund (Fund 021) and | 7366 |
the School Building Program Assistance Fund (Fund 032) to the | 7367 |
School Facilities Commission, from the Clean Ohio Conservation | 7368 |
Fund (Fund 056), the State Capital Improvement Fund (Fund 038), | 7369 |
and the State Capital Improvements Revolving Loan Fund (Fund 040) | 7370 |
to the Public Works Commission, shall be released upon | 7371 |
presentation of a request to release the funds, by the agency to | 7372 |
which the appropriation has been made, to the Director of Budget | 7373 |
and Management. | 7374 |
Section 28.07. PREVAILING WAGE REQUIREMENT | 7375 |
Except as provided in section 4115.04 of the Revised Code, no | 7376 |
moneys appropriated or reappropriated by the 126th General | 7377 |
Assembly shall be used for the construction of public | 7378 |
improvements, as defined in section 4115.03 of the Revised Code, | 7379 |
unless the mechanics, laborers, or workers engaged therein are | 7380 |
paid the prevailing rate of wages as prescribed in section 4115.04 | 7381 |
of the Revised Code. Nothing in this section shall affect the | 7382 |
wages and salaries established for state employees under the | 7383 |
provisions of Chapter 124. of the Revised Code, or collective | 7384 |
bargaining agreements entered into by the state pursuant to | 7385 |
Chapter 4117. of the Revised Code, while engaged on force account | 7386 |
work, nor shall this section interfere with the use of inmate and | 7387 |
patient labor by the state. | 7388 |
Section 28.08. CAPITAL FACILITIES LEASES | 7389 |
Capital facilities for which appropriations are made from the | 7390 |
Administrative Building Fund (Fund 026), the Adult Correctional | 7391 |
Building Fund (Fund 027), and the Juvenile Correctional Building | 7392 |
Fund (Fund 028) may be leased by the Ohio Building Authority to | 7393 |
the Departments of Youth Services, Administrative Services, or | 7394 |
Rehabilitation and Correction. Other agreements may be made by the | 7395 |
Ohio Building Authority and those departments with respect to the | 7396 |
use or purchase of such capital facilities. Subject to the | 7397 |
approval of the director of the department or the commission, the | 7398 |
Ohio Building Authority may lease such capital facilities to, and | 7399 |
make other agreements with respect to their use or purchase with, | 7400 |
any governmental agency or nonprofit corporation having authority | 7401 |
under law to own, lease, or operate such capital facilities. The | 7402 |
department or the commission may sublease such capital facilities | 7403 |
to, and make other agreements with respect to their use or | 7404 |
purchase with, any such governmental agency or nonprofit | 7405 |
corporation, which may include provisions for transmittal of | 7406 |
receipts of that agency or nonprofit corporation of any charges | 7407 |
for the use of such facilities, all upon such terms and conditions | 7408 |
as the parties may agree upon and any other provision of law | 7409 |
affecting the leasing, acquisition, or disposition of capital | 7410 |
facilities by such parties. | 7411 |
Section 28.09. APPROVAL OF EXPENDITURES BY THE DIRECTOR OF | 7412 |
BUDGET AND MANAGEMENT | 7413 |
The Director of Budget and Management shall review the | 7414 |
initial release of moneys for projects from the funds into which | 7415 |
proceeds of direct obligations of the state are deposited, and | 7416 |
authorize the expenditure or encumbrance of moneys from those | 7417 |
funds only after determining to the director's satisfaction that | 7418 |
either of the following apply: | 7419 |
(A) The application of such moneys to the particular project | 7420 |
will not negatively affect any exemption or exclusion from federal | 7421 |
income tax of the interest or interest equivalent on obligations, | 7422 |
issued to provide moneys to the particular fund. | 7423 |
(B) Moneys for the project will come from the proceeds of | 7424 |
obligations, the interest on which is not so excluded or exempt | 7425 |
and which have been authorized as "taxable obligations" by the | 7426 |
issuing authority. | 7427 |
The director shall report any nonrelease of moneys pursuant | 7428 |
to this section to the Governor, the presiding officer of each | 7429 |
house of the General Assembly, and the agency for the use of which | 7430 |
the project is intended. | 7431 |
Section 28.10. SCHOOL FACILITIES ENCUMBRANCES AND | 7432 |
REAPPROPRIATION | 7433 |
At the request of the Executive Director of the Ohio School | 7434 |
Facilities Commission, the Director of Budget and Management may | 7435 |
cancel encumbrances for school district projects from a previous | 7436 |
biennium if the district has not raised its local share of project | 7437 |
costs within one year of receiving Controlling Board approval in | 7438 |
accordance with section 3318.05 of the Revised Code. The Executive | 7439 |
Director of the Ohio School Facilities Commission shall certify | 7440 |
the amounts of these canceled encumbrances to the Director of | 7441 |
Budget and Management on a quarterly basis. The amounts of the | 7442 |
canceled encumbrances are hereby appropriated. | 7443 |
Section 28.11. OHIO EDUCATIONAL TELECOMMUNICATIONS NETWORK | 7444 |
COMMISSION REAPPROPRIATION | 7445 |
The Director of Ohio Educational Telecommunications Network | 7446 |
Commission shall certify and receive approval from the Director of | 7447 |
the Office of Budget and Management an amount necessary to | 7448 |
complete the Ohio Educational Telecommunications Network | 7449 |
Commission's previously approved and funded projects. This amount | 7450 |
is hereby appropriated to CAP-001, Educational TV & Radio | 7451 |
Equipment. | 7452 |
Section 28.12. CERTIFICATE OF NEED REQUIREMENT | 7453 |
No appropriation for a health care facility authorized under | 7454 |
this act may be released until the requirements of sections | 7455 |
3702.51 to 3702.68 of the Revised Code have been met. | 7456 |
Section 28.13. DISTRIBUTION OF PROCEEDS FROM ASBESTOS | 7457 |
ABATEMENT LITIGATION | 7458 |
All proceeds received by the state as a result of litigation, | 7459 |
judgments, settlements, or claims, filed by or on behalf of any | 7460 |
state agency as defined by section 1.60 of the Revised Code or | 7461 |
state-supported or state-assisted institution of higher education, | 7462 |
for damages or costs resulting from the use, removal, or hazard | 7463 |
abatement of asbestos materials shall be deposited in the Asbestos | 7464 |
Abatement Distribution Fund (Fund 674). All funds deposited into | 7465 |
the Asbestos Abatement Distribution Fund are hereby appropriated | 7466 |
to the Attorney General. To the extent practicable, the proceeds | 7467 |
placed in the Asbestos Abatement Distribution Fund shall be | 7468 |
divided among the state agencies and state-supported or | 7469 |
state-assisted institutions of higher education in accordance with | 7470 |
the general provisions of the litigation regarding the percentage | 7471 |
of recovery. Distribution of the proceeds to each state agency or | 7472 |
state-supported or state-assisted institution of higher education | 7473 |
shall be made in accordance with the Asbestos Abatement | 7474 |
Distribution Plan to be developed by the Attorney General, the | 7475 |
General Services Division within the Department of Administrative | 7476 |
Services, and the Office of Budget and Management. | 7477 |
In those circumstances where asbestos litigation proceeds are | 7478 |
for reimbursement of expenditures made with funds outside the | 7479 |
state treasury or damages to buildings not constructed with state | 7480 |
appropriations, direct payments shall be made to the affected | 7481 |
institutions of higher education. Any proceeds received for | 7482 |
reimbursement of expenditures made with funds within the state | 7483 |
treasury or damages to buildings occupied by state agencies shall | 7484 |
be distributed to the affected agencies with an intrastate | 7485 |
transfer voucher to the funds identified in the Asbestos Abatement | 7486 |
Distribution Plan. | 7487 |
Such proceeds shall be used for additional asbestos abatement | 7488 |
or encapsulation projects, or for other capital improvements, | 7489 |
except that proceeds distributed to the General Revenue Fund and | 7490 |
other funds that are not bond improvement funds may be used for | 7491 |
any purpose. The Controlling Board may, for bond improvement | 7492 |
funds, create appropriation items or increase appropriation | 7493 |
authority in existing appropriation items equaling the amount of | 7494 |
such proceeds. Such amounts approved by the Controlling Board are | 7495 |
hereby appropriated. Such proceeds deposited in bond improvement | 7496 |
funds shall not be expended until released by the Controlling | 7497 |
Board, which shall require certification by the Director of Budget | 7498 |
and Management that such proceeds are sufficient and available to | 7499 |
fund the additional anticipated expenditures. | 7500 |
Section 29.01. OBLIGATIONS ISSUED UNDER ORC CHAPTER 151. | 7501 |
The capital improvements for which appropriations are made in | 7502 |
this act from the Ohio Parks and Natural Resources Fund (Fund | 7503 |
031), the School Building Program Assistance Fund (Fund 032), the | 7504 |
Higher Education Improvement Fund (Fund 034), the State Capital | 7505 |
Improvements Fund (Fund 038), the Clean Ohio Conservation Fund | 7506 |
(Fund 056), the Clean Ohio Agricultural Easement Fund (Fund 057), | 7507 |
and the Clean Ohio Trail Fund (Fund 061) are determined to be | 7508 |
capital improvements and capital facilities for natural resources, | 7509 |
a statewide system of common schools, state-supported and | 7510 |
state-assisted institutions of higher education, local subdivision | 7511 |
capital improvement projects, and conservation purposes (under the | 7512 |
Clean Ohio program) and are designated as capital facilities to | 7513 |
which proceeds of obligations issued under Chapter 151. of the | 7514 |
Revised Code are to be applied. | 7515 |
Section 29.02. OBLIGATIONS ISSUED UNDER ORC CHAPTER 152. | 7516 |
The capital improvements for which appropriations are made in | 7517 |
this act from the Highway Safety Building Fund (Fund 025), the | 7518 |
Administrative Building Fund (Fund 026), the Adult Correctional | 7519 |
Building Fund (Fund 027), and the Juvenile Correctional Building | 7520 |
Fund (Fund 028) are determined to be capital improvements and | 7521 |
capital facilities for housing state agencies and branches of | 7522 |
state government and their functions and are designated as capital | 7523 |
facilities to which proceeds of obligations issued under Chapter | 7524 |
152. of the Revised Code are to be applied. | 7525 |
The owners or holders of obligations issued under Chapter | 7526 |
152. of the Revised Code have no right to have excises or taxes | 7527 |
levied by the General Assembly for the payment of interest or | 7528 |
principal thereon. | 7529 |
Section 29.03. OBLIGATIONS ISSUED UNDER ORC CHAPTER 154. | 7530 |
The capital improvements for which appropriations are made in | 7531 |
this act from the Cultural and Sports Facilities Building Fund | 7532 |
(Fund 030), the Mental Health Facilities Improvement Fund (Fund | 7533 |
033), and the Parks and Recreation Improvement Fund (Fund 035) are | 7534 |
determined to be capital improvements and capital facilities for | 7535 |
housing state agencies and branches of government, mental hygiene | 7536 |
and retardation, and parks and recreation and are designated as | 7537 |
capital facilities to which proceeds of obligations issued under | 7538 |
Chapter 154. of the Revised Code are to be applied. | 7539 |
The owners or holders of obligations issued under Chapter | 7540 |
154. of the Revised Code have no right to have excises or taxes | 7541 |
levied by the General Assembly for the payment of principal or | 7542 |
interest thereon. | 7543 |
Section 30.01. TRANSFER OF OPEN ENCUMBRANCES | 7544 |
Upon the request of the agency to which a capital project | 7545 |
appropriation item is appropriated, the Director of Budget and | 7546 |
Management may transfer open encumbrance amounts between separate | 7547 |
encumbrances for the project appropriation item to the extent that | 7548 |
any reductions in encumbrances are agreed to by the contracting | 7549 |
vendor and the agency. | 7550 |
Section 31.01. LITIGATION PROCEEDS TO THE ADMINISTRATIVE | 7551 |
BUILDING FUND | 7552 |
Any proceeds received by the State of Ohio as the result of | 7553 |
litigation or a settlement agreement related to any liability for | 7554 |
the planning, design, engineering, construction, or construction | 7555 |
management of such facilities operated by the Department of | 7556 |
Administrative Services shall be deposited into the Administrative | 7557 |
Building Fund (Fund 026). | 7558 |
Section 32.01. COAL RESEARCH AND DEVELOPMENT BONDS | 7559 |
The Ohio Public Facilities Commission, upon the request of | 7560 |
the Director of the Ohio Coal Development Office with the advice | 7561 |
of the Technical Advisory Committee created in section 1551.35 of | 7562 |
the Revised Code and the approval of the Director of the Air | 7563 |
Quality Development Authority, is hereby authorized to issue and | 7564 |
sell, in accordance with Section 15 of Article VIII, Ohio | 7565 |
Constitution, and Chapter 151., and particularly sections 151.01 | 7566 |
and 151.07 and other applicable sections of the Revised Code, | 7567 |
bonds or other obligations of the State of Ohio heretofore | 7568 |
authorized by prior acts of the General Assembly. The obligations | 7569 |
shall be issued, subject to applicable constitutional and | 7570 |
statutory limitations, to provide sufficient moneys to the credit | 7571 |
of the Coal Research and Development Fund created in section | 7572 |
1555.15 of the Revised Code to pay costs charged to such fund when | 7573 |
due as estimated by the Director of the Ohio Coal Development | 7574 |
Office. | 7575 |
Section 33.01. OHIO ADMINISTRATIVE KNOWLEDGE SYSTEM PROJECT | 7576 |
The Ohio Administrative Knowledge System (OAKS) will be an | 7577 |
enterprise resource planning system that will replace the state's | 7578 |
central services infrastructure systems, including the Central | 7579 |
Accounting System, the Human Resources/Payroll System, the Capital | 7580 |
Improvements Projects Tracking System, the Fixed Assets Management | 7581 |
System, and the Procurement System. The Department of | 7582 |
Administrative Services, in conjunction with the Office of Budget | 7583 |
and Management, may acquire the system, including, but not limited | 7584 |
to, the enterprise resource planning software and installation and | 7585 |
implementation thereof pursuant to Chapter 125. of the Revised | 7586 |
Code. Any lease-purchase arrangement utilized under Chapter 125. | 7587 |
of the Revised Code, including any fractionalized interest herein | 7588 |
as defined in division (N) of section 133.01 of the Revised Code, | 7589 |
shall provide at the end of the lease period that OAKS shall | 7590 |
become the property of the state. | 7591 |
Section 34.01. PUBLIC ASSISTANCE RECONCILIATION FUND | 7592 |
There is hereby created in the state treasury the Public | 7593 |
Assistance Reconciliation Fund (Fund 5AX). The fund, a state | 7594 |
special revenue fund, shall be used by the Department of Job and | 7595 |
Family Services to reimburse Ohio's federal TANF block grant | 7596 |
according to the process agreed to by the department and the | 7597 |
federal government. If both the Director of Job and Family | 7598 |
Services and the Director of Budget and Management determine that | 7599 |
sufficient cash is available in the fund, the fund also may be | 7600 |
used to provide cash in fiscal year 2005 for income maintenance to | 7601 |
the counties. Notwithstanding any state law restrictions to the | 7602 |
contrary, the Director of Budget and Management may, at the | 7603 |
request of the Director of Job and Family Services, transfer cash | 7604 |
either into or out of the Public Assistance Reconciliation Fund to | 7605 |
or from any other fund appropriated to the department. The amounts | 7606 |
are hereby appropriated and the Director of Budget and Management | 7607 |
shall establish a new appropriation item for the appropriation. | 7608 |
Notwithstanding Section 145 of Am. Sub. H.B. 95 of the 125th | 7609 |
General Assembly as amended by Section 64 of Am. Sub. S.B. 189 of | 7610 |
the 125th General Assembly, the Director of Budget and Management | 7611 |
may, at the request of the Director of Job and Family Services, | 7612 |
transfer up to $76,500,000 from the Federal Fiscal Relief Fund | 7613 |
(Fund 5Y9) to the Public Assistance Reconciliation Fund (Fund | 7614 |
5AX). Such amounts are hereby appropriated. Any federal funds | 7615 |
reimbursed to the Department as a result of this transfer shall be | 7616 |
deposited to the Federal Fiscal Relief Fund. | 7617 |
Notwithstanding Section 2 of Am. Sub. S.B. 170 of the 124th | 7618 |
General Assembly, the Director of Budget and Management may, at | 7619 |
the request of the Director of Job and Family Services, transfer | 7620 |
cash from the Child Support Special Payment Fund (Fund 5T2) to the | 7621 |
Public Assistance Reconciliation Fund (Fund 5AX). The amounts | 7622 |
shall not exceed the cash balance in the fund and are hereby | 7623 |
appropriated. | 7624 |
This section is not subject to the referendum. Therefore, | 7625 |
under Ohio Constitution, Article II, Section 1d and section 1.471 | 7626 |
of the Revised Code, this section goes into immediate effect when | 7627 |
this act becomes law. | 7628 |
Section 35.01. Sections 3.01 to 32.01 of this act shall | 7629 |
remain in full force and effect commencing on July 1, 2004, and | 7630 |
terminating on June 30, 2006, for the purpose of drawing money | 7631 |
from the state treasury in payment of liabilities lawfully | 7632 |
incurred hereunder, and on June 30, 2006, and not before, the | 7633 |
moneys hereby appropriated shall lapse into the funds from which | 7634 |
they are severally appropriated. Because if, under Section 1c of | 7635 |
Article II, Ohio Constitution, Sections 3.01 to 32.01 of this act | 7636 |
do not take effect until after July 1, 2004, Sections 3.01 to | 7637 |
32.01 of this act shall be and remain in full force and effect | 7638 |
commencing on that later effective date. | 7639 |
Section 36.01. That Sections 18.02, 18.16, 22, 26.10, 26.14, | 7640 |
26.19, 26.23, 26.48, and 27 of Am. Sub. S.B. 189 of the 125th | 7641 |
General Assembly be amended to read as follows: | 7642 |
Sec. 18.02. DAS DEPARTMENT OF ADMINISTRATIVE SERVICES | 7643 |
CAP-773 | Governor's Residence Renovations | $ | 4,705 | 7644 | |||
CAP-809 | Hazardous Substance Abatement | $ | 1,688,120 | 7645 | |||
CAP-811 | Health/EPA Laboratory Facilities | $ | 20,840,003 | 7646 | |||
CAP-813 | Heer Building Renovation | $ | 1,500,000 | 7647 | |||
CAP-822 | Americans with Disabilities Act | $ | 1,535,675 | 7648 | |||
CAP-826 | Office Services Building Renovation | $ | 1,250,000 | 7649 | |||
CAP-827 | Statewide Communications System | $ | 72,787,285 | 7650 | |||
CAP-834 | Capital Improvements Tracking System | $ | 407,600 | 7651 | |||
CAP-835 | Energy Conservation Projects | $ | 1,817,260 | 7652 | |||
CAP-837 | Major Computer Purchases | $ | 1,824,884 | 7653 | |||
CAP-838 | SOCC Renovations | $ | 2,148,691 | 7654 | |||
CAP-844 | Hamilton State/Local Government Center - Planning | $ | 57,500 | 7655 | |||
CAP-848 | ODOT Building Boiler Replacement | $ | 155,981 | 7656 | |||
CAP-849 | Facility Planning and Development | $ | 4,445,184 | 7657 | |||
CAP-850 | Education Building Renovations | $ | 308,482 | 7658 | |||
CAP-852 | North High Building Complex Renovations | $ | 2,689,102 | 7659 | |||
CAP-855 | Office Space Planning | $ | 70,300 | 7660 | |||
CAP-859 | eSecure Ohio | $ | 2,500,000 | 7661 | |||
CAP-860 | Structured Cabling | $ | 397,155 | 7662 | |||
CAP-864 | eGovernment Infrastructure | $ | 1,047,000 | 7663 | |||
CAP-865 | DAS Building Security | $ | 78,100 | 7664 | |||
CAP-867 | Lausche Building Connector | $ | 963,200 | 7665 | |||
CAP-868 | Riversouth Development | $ | 9,000,000 | 7666 | |||
Total Department of Administrative Services | $ | 7667 |
HAZARDOUS SUBSTANCE ABATEMENT IN STATE FACILITIES | 7668 |
The foregoing appropriation item CAP-809, Hazardous Substance | 7669 |
Abatement, shall be used to fund the removal of asbestos, PCB, | 7670 |
radon gas, and other contamination hazards from state facilities. | 7671 |
Prior to the release of funds for asbestos abatement, the | 7672 |
Department of Administrative Services shall review proposals from | 7673 |
state agencies to use these funds for asbestos abatement projects | 7674 |
based on criteria developed by the Department of Administrative | 7675 |
Services. Upon a determination by the Department of Administrative | 7676 |
Services that the requesting agency cannot fund the asbestos | 7677 |
abatement project or other toxic materials removal through | 7678 |
existing capital and operating appropriations, the department may | 7679 |
request the release of funds for such projects by the Controlling | 7680 |
Board. State agencies intending to fund asbestos abatement or | 7681 |
other toxic materials removal through existing capital and | 7682 |
operating appropriations shall notify the Director of | 7683 |
Administrative Services of the nature and scope prior to | 7684 |
commencing the project. | 7685 |
Only agencies that have received appropriations for capital | 7686 |
projects from the Administrative Building Fund (Fund 026) are | 7687 |
eligible to receive funding from this item. Public school | 7688 |
districts are not eligible. | 7689 |
IMPLEMENTATION OF AMERICANS WITH DISABILITIES ACT | 7690 |
The foregoing appropriation item CAP-822, Americans with | 7691 |
Disabilities Act, shall be used to renovate state-owned facilities | 7692 |
to provide access for physically disabled persons in accordance | 7693 |
with Title II of the Americans with Disabilities Act. | 7694 |
Prior to the release of funds for renovation, state agencies | 7695 |
shall perform self-evaluations of state-owned facilities | 7696 |
identifying barriers to access to service. State agencies shall | 7697 |
prioritize access barriers and develop a transition plan for the | 7698 |
removal of these barriers. The Department of Administrative | 7699 |
Services shall review proposals from state agencies to use these | 7700 |
funds for Americans with Disabilities Act renovations. | 7701 |
Only agencies that have received appropriations for capital | 7702 |
projects from the Administrative Building Fund (Fund 026) are | 7703 |
eligible to receive funding from this item. Public school | 7704 |
districts are not eligible. | 7705 |
MARCS STEERING COMMITTEE AND STATEWIDE COMMUNICATIONS SYSTEM | 7706 |
There is hereby continued a Multi-Agency Radio Communications | 7707 |
System (MARCS) Steering Committee consisting of the designees of | 7708 |
the Directors of Administrative Services, Public Safety, Natural | 7709 |
Resources, Transportation, Rehabilitation and Correction, and | 7710 |
Budget and Management. The Director of Administrative Services or | 7711 |
the director's designee shall chair the committee. The committee | 7712 |
shall provide assistance to the Director of Administrative | 7713 |
Services for effective and efficient implementation of the MARCS | 7714 |
system as well as develop policies for the ongoing management of | 7715 |
the system. Upon dates prescribed by the Directors of | 7716 |
Administrative Services and Budget and Management, the MARCS | 7717 |
Steering Committee shall report to the directors on the progress | 7718 |
of MARCS implementation and the development of policies related to | 7719 |
the system. | 7720 |
The foregoing appropriation item CAP-827, Statewide | 7721 |
Communications System, shall be used to purchase or construct the | 7722 |
components of MARCS that are not specific to any one agency. The | 7723 |
equipment may include, but is not limited to, multi-agency | 7724 |
equipment at the Emergency Operations Center/Joint Dispatch | 7725 |
Facility, computer and telecommunication equipment used for the | 7726 |
functioning and integration of the system, communications towers, | 7727 |
tower sites, tower equipment, and linkages among towers and | 7728 |
between towers and the State of Ohio Network for Integrated | 7729 |
Communication (SONIC) system. The Director of Administrative | 7730 |
Services shall, with the concurrence of the MARCS Steering | 7731 |
Committee, determine the specific use of funds. | 7732 |
Spending from this appropriation item shall not be subject to | 7733 |
Chapters 123. and 153. of the Revised Code. | 7734 |
ENERGY CONSERVATION PROJECTS | 7735 |
The foregoing appropriation item CAP-835, Energy Conservation | 7736 |
Projects, shall be used to perform energy conservation | 7737 |
renovations, including the United States Environmental Protection | 7738 |
Agency's Energy Star Program, in state-owned facilities. Prior to | 7739 |
the release of funds for renovation, state agencies shall have | 7740 |
performed a comprehensive energy audit for each project. The | 7741 |
Department of Administrative Services shall review and approve | 7742 |
proposals from state agencies to use these funds for energy | 7743 |
conservation. Public school districts and state-supported and | 7744 |
state-assisted institutions of higher education are not eligible | 7745 |
for funding from this item. | 7746 |
RIVERSOUTH DEVELOPMENT | 7747 |
The amount reappropriated for the foregoing appropriation | 7748 |
item CAP-868, Riversouth Development, is $9,000,000. | 7749 |
Sec. 18.16. SOS SECRETARY OF STATE | 7750 |
CAP-002 | Voting Machines | $ | 5,800,000 | 7751 | |||
Total Secretary of State | $ | 5,800,000 | 7752 | ||||
TOTAL Administrative Building Fund | $ | 7753 |
VOTING MACHINES | 7754 |
The foregoing appropriation item CAP-002, Voting Machines, | 7755 |
shall be used to purchase upgraded voting equipment. Appropriation | 7756 |
item CAP-002, Voting Machines, shall match federal funds provided | 7757 |
through the Help America Vote Act of 2002. | 7758 |
Sec. 22. All items set forth in this section are hereby | 7759 |
appropriated out of any moneys in the state treasury to the credit | 7760 |
of the | 7761 |
030) that are not otherwise appropriated: | 7762 |
Reappropriations |
7763 |
CAP-003 | Center of Science and Industry - Toledo | $ | 12,268 | 7764 | |||
CAP-004 | Valentine Theatre | $ | 1,111 | 7765 | |||
CAP-005 | Center of Science and Industry - Columbus | $ | 181,636 | 7766 | |||
CAP-010 | Sandusky State Theatre Improvements | $ | 1,000,000 | 7767 | |||
CAP-017 | Zion Center of the National Afro-American Museum | $ | 488,232 | 7768 | |||
CAP-021 | Ohio Historical Center - Archives and Library Shelving | $ | 2,395 | 7769 | |||
CAP-033 | Woodward Opera House Renovation | $ | 1,050,000 | 7770 | |||
CAP-037 | Canton Palace Theatre Renovations | $ | 1,066,126 | 7771 | |||
CAP-038 | Center Exhibit Replacement | $ | 750,000 | 7772 | |||
7773 | |||||||
CAP-042 | Statewide Site Exhibit/Renovation & Construction | $ | 625,000 | 7774 | |||
CAP-043 | Statewide Site Repairs | $ | 454,000 | 7775 | |||
CAP-046 | Cincinnati Museum Center Improvements | $ | 500,000 | 7776 | |||
CAP-052 | Akron Art Museum | $ | 6,634,666 | 7777 | |||
CAP-053 | Powers Auditorium Improvements | $ | 200,000 | 7778 | |||
CAP-055 | Waco Museum & Aviation Learning Center | $ | 500,000 | 7779 | |||
CAP-057 | Comprehensive Master Plan | $ | 180,000 | 7780 | |||
CAP-058 | Cedar Bog Nature Preserve Education Center | $ | 766,200 | 7781 | |||
CAP-061 | Statewide Arts Facilities Planning | $ | 35,931 | 7782 | |||
CAP-063 | Robins Theatre Renovations | $ | 1,000,000 | 7783 | |||
CAP-064 | Bramley Historic House | $ | 75,000 | 7784 | |||
CAP-066 | Delaware County Cultural Arts Center | $ | 40,000 | 7785 | |||
CAP-068 | Perry County Historical Society | $ | 100,000 | 7786 | |||
CAP-069 | Cleveland Institute of Art | $ | 750,000 | 7787 | |||
CAP-071 | Cleveland Institute of Music | $ | 750,000 | 7788 | |||
CAP-072 | West Side Arts Consortium | $ | 138,000 | 7789 | |||
CAP-074 | Stan Hywet Hall & Gardens | $ | 250,000 | 7790 | |||
CAP-075 | McKinley Museum Improvements | $ | 125,000 | 7791 | |||
CAP-076 | Spring Hill Historic Home | $ | 125,000 | 7792 | |||
CAP-077 | Western Reserve Ballet Improvements | $ | 100,000 | 7793 | |||
CAP-078 | Midland Theatre | $ | 175,000 | 7794 | |||
CAP-079 | Lorain Palace Civic Theatre | $ | 200,000 | 7795 | |||
CAP-080 | Great Lakes Historical Society | $ | 150,000 | 7796 | |||
CAP-734 | Hayes Presidential Center | $ | 75,000 | 7797 | |||
CAP-745 | Historic Sites and Museums | $ | 750,000 | 7798 | |||
CAP-753 | Buffington Island State Memorial | $ | 91,500 | 7799 | |||
CAP-770 | Serpent Mound State Memorial | $ | 295,000 | 7800 | |||
CAP-784 | Ohio Historical Center Rehabilitation | $ | 673,700 | 7801 | |||
CAP-786 | Piqua/Ft Picakawillany Acquisition and Improvements | $ | 136,000 | 7802 | |||
CAP-789 | Neil Armstrong Air and Space Museum Improvements | $ | 103,516 | 7803 | |||
CAP-791 | Harrison Tomb and Site Renovations | $ | 149,500 | 7804 | |||
CAP-796 | Moundbuilders State Memorial | $ | 530,000 | 7805 | |||
CAP-806 | Grant Boyhood Home Improvements | $ | 68,333 | 7806 | |||
CAP-809 | Cincinnati Ballet Facility Improvements | $ | 450,000 | 7807 | |||
CAP-810 | Toledo Museum of Art Improvements | $ | 2,000,000 | 7808 | |||
CAP-814 | Crawford Museum of Transportation & Industry | $ | 2,500,000 | 7809 | |||
CAP-820 | Historical Center Ohio Village Buildings | $ | 502,000 | 7810 | |||
CAP-821 | Lorain County Historical Society | $ | 300,000 | 7811 | |||
CAP-822 | Madison County Historic Schoolhouse | $ | 40,000 | 7812 | |||
CAP-823 | Marion Palace Theatre | $ | 825,000 | 7813 | |||
CAP-824 | McConnellsville Opera House | $ | 75,000 | 7814 | |||
CAP-825 | Secrest Auditorium | $ | 75,000 | 7815 | |||
CAP-826 | Renaissance Theatre | $ | 50,000 | 7816 | |||
CAP-827 | Trumpet in the Land | $ | 100,000 | 7817 | |||
CAP-828 | Becky Thatcher Showboat | $ | 30,000 | 7818 | |||
CAP-829 | Mid Ohio Valley Players | $ | 50,000 | 7819 | |||
CAP-830 | The Anchorage | $ | 50,000 | 7820 | |||
CAP-831 | Wayne County Historical Society | $ | 300,000 | 7821 | |||
CAP-833 | Promont House Museum | $ | 200,000 | 7822 | |||
CAP-836 | Fairfield Outdoor Theatre | $ | 100,000 | 7823 | |||
CAP-837 | Lake County Historical Society | $ | 250,000 | 7824 | |||
CAP-839 | Hancock Historical Society | $ | 75,000 | 7825 | |||
CAP-840 | Riversouth Development | $ | 7826 | ||||
1,000,000 | 7827 | ||||||
CAP-841 | Ft. Piqua Hotel | $ | 200,000 | 7828 | |||
CAP-843 | Marina District/Ice Arena Development | $ | 4,000,000 | 7829 | |||
Total |
$ | 7830 | |||||
TOTAL |
$ | 7831 |
COSI COLUMBUS - LOCAL ADMINISTRATION OF CAPITAL PROJECT | 7832 |
CONTRACTS | 7833 |
Notwithstanding division (A) of section 3383.07 of the | 7834 |
Revised Code, the Ohio | 7835 |
Commission, with respect to the foregoing appropriation item | 7836 |
CAP-005, Center of Science and Industry - Columbus, may administer | 7837 |
all or part of capital facilities project contracts involving | 7838 |
exhibit fabrication and installation as determined by the | 7839 |
Department of Administrative Services, the Center of Science and | 7840 |
Industry -
Columbus, and the
Ohio | 7841 |
Facilities Commission in review of the project plans. The Ohio | 7842 |
7843 | |
contract with the Center of Science and Industry - Columbus to | 7844 |
administer the exhibit fabrication and installation contracts and | 7845 |
such contracts are not subject to Chapter 123. or 153. of the | 7846 |
Revised Code. | 7847 |
SPORTS FACILITIES IMPROVEMENTS - AKRON | 7848 |
The amount reappropriated to the | 7849 |
Facilities Building Fund (Fund 030), CAP-024, Sports Facilities | 7850 |
Improvements - Akron, is the unallotted and unencumbered balance | 7851 |
in the Sports Facilities Building Fund (Fund 024), CAP-024, Sports | 7852 |
Facilities Improvements - Akron. | 7853 |
REDS HALL OF FAME | 7854 |
The amount reappropriated to the | 7855 |
Facilities Building Fund (Fund 030), CAP-025, Reds Hall of Fame, | 7856 |
is the unallotted and unencumbered balance in the Sports | 7857 |
Facilities Building Fund (Fund 024), CAP-025, Reds Hall of Fame. | 7858 |
AKRON ART MUSEUM | 7859 |
The amount reappropriated for the foregoing appropriation | 7860 |
item CAP-052, Akron Art Museum, is the unencumbered and unallotted | 7861 |
balance as of June 30, 2004, in appropriation item CAP-052, Akron | 7862 |
Art Museum, plus $1,634,666. | 7863 |
RIVERSOUTH DEVELOPMENT | 7864 |
The amount reappropriated for the foregoing appropriation | 7865 |
item CAP-840, Riversouth Development, is the unencumbered and | 7866 |
unallotted balance as of June 30, 2004, in appropriation item | 7867 |
CAP-840, Riversouth Development, minus $9,000,000. | 7868 |
MARINA DISTRICT/ICE ARENA DEVELOPMENT | 7869 |
The amount reappropriated to the | 7870 |
Facilities Building Fund (Fund 030), CAP-843, Marina District/Ice | 7871 |
Arena Development, is the unallotted and unencumbered balance in | 7872 |
the Sports Facilities Building Fund (Fund 024), CAP-073, Marina | 7873 |
District/Ice Arena Development. | 7874 |
Reappropriations |
Sec. 26.10. UAK UNIVERSITY OF AKRON | 7875 |
CAP-008 | Basic Renovations | $ | 3,394,867 | 7876 | |||
CAP-047 | Polsky Building Renovation | $ | 577,185 | 7877 | |||
CAP-049 | Basic Renovations - Wayne | $ | 270,316 | 7878 | |||
CAP-054 | Auburn Science/Whitby Rehabilitation | $ | 4,099,600 | 7879 | |||
CAP-061 | Asbestos Abatement | $ | 29,650 | 7880 | |||
CAP-063 | Child Care Facility | $ | 149,998 | 7881 | |||
CAP-075 | Infrastructure Materials/Rehabilitation | $ | 102,932 | 7882 | |||
CAP-076 | Supercritical Fluid Technology | $ | 17,500 | 7883 | |||
CAP-080 | UAK/Medina Technology Link | $ | 43,307 | 7884 | |||
CAP-081 | Classroom/Office Building - Arts/Sciences | $ | 21,710 | 7885 | |||
CAP-091 | Student Affairs Building | $ | 1,235,626 | 7886 | |||
CAP-095 | Online Math | $ | 29,305 | 7887 | |||
CAP-097 | Ohio NMR Consortium | $ | 96,500 | 7888 | |||
CAP-098 | Guzzetta Hall Addition | $ | 7,784,808 | 7889 | |||
CAP-099 | D Wing Expansion | $ | 243,750 | 7890 | |||
CAP-100 | Classroom Office Addition-Design | $ | 120,120 | 7891 | |||
CAP-101 | National Polymer Processing Center | $ | 1,000,000 | 7892 | |||
CAP-102 | Scanning Raman Spectrometer | $ | 635 | 7893 | |||
CAP-104 | Nanoscale Polymers Manufacturing | $ | 237,500 | 7894 | |||
CAP-105 | Hydrogen Production and Storage | $ | 169,000 | 7895 | |||
CAP-107 | Stan Hywet Hall and Gardens | $ | 500,000 | 7896 | |||
CAP-108 | Weathervane Theatre, Akron | $ | 100,000 | 7897 | |||
CAP-109 | Case Barlow Farm, Hudson | $ | 100,000 | 7898 | |||
CAP-110 | Springfield HS/UAK Distance Learning Project | $ | 382,000 | 7899 | |||
Total University of Akron | $ | 20,706,309 | 7900 |
STAN HYWET HALL AND GARDENS | 7901 |
The amount reappropriated for the foregoing appropriation | 7902 |
item CAP-107, Stan Hywet Hall and Gardens, is the unencumbered and | 7903 |
unallotted balance as of June 30, 2004, in appropriation item | 7904 |
CAP-107, Stan Hywet Hall and Gardens, plus $500,000. | 7905 |
WEATHERVANE THEATRE, AKRON | 7906 |
The amount reappropriated for the foregoing appropriation | 7907 |
item CAP-108, Weathervane Theatre, Akron, is the unencumbered and | 7908 |
unallotted balance as of June 30, 2004, in appropriation item | 7909 |
CAP-108, Weathervane Theatre, Akron, plus $100,000. | 7910 |
CASE BARLOW FARM, HUDSON | 7911 |
The amount reappropriated for the foregoing appropriation | 7912 |
item CAP-109, Case Barlow Farm, Hudson, is the unencumbered and | 7913 |
unallotted balance as of June 30, 2004, in appropriation item | 7914 |
CAP-109, Case Barlow Farm, Hudson, plus $100,000. | 7915 |
SPRINGFIELD HS/UAK DISTANCE LEARNING PROJECT | 7916 |
The amount reappropriated for the foregoing appropriation | 7917 |
item CAP-110, Springfield HS/UAK Distance Learning Project, is the | 7918 |
unencumbered and unallotted balance as of June 30, 2004, in | 7919 |
appropriation item CAP-110, Springfield HS/UAK Distance Learning | 7920 |
Project, plus $382,000. | 7921 |
Reappropriations |
Sec. 26.14. CLS CLEVELAND STATE UNIVERSITY | 7922 |
CAP-007 | Stilwell Hall Completion | $ | 25,160 | 7923 | |||
CAP-023 | Basic Renovations | $ | 4,173,262 | 7924 | |||
CAP-067 | 17th - 18th Street Block | $ | 164,026 | 7925 | |||
CAP-069 | Great Lakes Museum for Science, Environment, and Technology | $ | 200,000 | 7926 | |||
CAP-088 | Asbestos Abatement | $ | 1,636,687 | 7927 | |||
CAP-092 | Handicapped Requirements | $ | 17,148 | 7928 | |||
CAP-101 | Classroom Building Conversion | $ | 50,000 | 7929 | |||
CAP-109 | Classroom Upgrade | $ | 533,031 | 7930 | |||
CAP-112 | Land Acquisitions | $ | 16,803 | 7931 | |||
CAP-114 | Geographic Information Systems | $ | 77,738 | 7932 | |||
CAP-117 | Landscaping/Sidewalks/Stairs | $ | 29,350 | 7933 | |||
CAP-118 | Structural Concrete Rehabilitation | $ | 36,893 | 7934 | |||
CAP-125 | College of Education Building | $ | 9,386,384 | 7935 | |||
CAP-126 | Electrical System Upgrades Phase 2 | $ | 1,072,619 | 7936 | |||
CAP-127 | Fire Alarm System Upgrade | $ | 400,000 | 7937 | |||
CAP-128 | Property Acquisition | $ | 2,886,556 | 7938 | |||
CAP-130 | WVIZ Technology Center | $ | 1,000,000 | 7939 | |||
CAP-135 | Law Building Stair Renovation | $ | 6,669 | 7940 | |||
CAP-136 | University Center HVAC Phase 1 | $ | 3,843 | 7941 | |||
CAP-137 | University Center Elevator Upgrades | $ | 26,545 | 7942 | |||
CAP-138 | Student Services | $ | 142,174 | 7943 | |||
CAP-139 | Landscape, Sidewalk Replacement | $ | 5,845 | 7944 | |||
CAP-142 | Rhodes Tower Library Roof Replacement | $ | 1,170,372 | 7945 | |||
CAP-143 | Cleveland Food Bank | $ | 500,000 | 7946 | |||
CAP-144 | Rhodes Tower Plaza Renovation Phase 2 | $ | 1,300,000 | 7947 | |||
CAP-145 | Cleveland Manufactures Technology Complex | $ | 500,000 | 7948 | |||
CAP-146 | Rhodes Tower Exterior Renovation | $ | 56,709 | 7949 | |||
CAP-155 | Cleveland Playhouse | $ | 500,000 | 7950 | |||
Total Cleveland State University | $ | 7951 |
BASIC RENOVATIONS | 7952 |
The amount reappropriated for the foregoing appropriation | 7953 |
item CAP-023, Basic Renovations, is the unencumbered and | 7954 |
unallotted balance as of June 30, 2004, in appropriation item | 7955 |
CAP-023, Basic Renovations, plus $9,122. | 7956 |
CLEVELAND PLAYHOUSE | 7957 |
The amount reappropriated for the foregoing appropriation | 7958 |
item CAP-155, Cleveland Playhouse, is the unencumbered and | 7959 |
unallotted balance as of June 30, 2004, in appropriation item | 7960 |
CAP-155, Cleveland Playouse, plus $500,000. | 7961 |
Reappropriations |
Sec. 26.19. SSC SHAWNEE STATE UNIVERSITY | 7962 |
CAP-004 | Basic Renovations | $ | 1,468,735 | 7963 | |||
CAP-008 | Massie Hall Renovation | $ | 54,541 | 7964 | |||
CAP-010 | Land Acquisition | $ | 116,917 | 7965 | |||
CAP-016 | Library Building | $ | 10,777 | 7966 | |||
CAP-017 | Math/Science Building | $ | 17,061 | 7967 | |||
CAP-029 | Fine Arts Class and Lab Building | $ | 108,704 | 7968 | |||
CAP-030 | Utilities and Landscaping | $ | 4,679 | 7969 | |||
CAP-037 | ADA Modifications | $ | 53,188 | 7970 | |||
CAP-039 | Central Heating Plant Replacement | $ | 5,215 | 7971 | |||
CAP-040 | Chiller Replacement | $ | 12,054 | 7972 | |||
CAP-041 | Kricker Hall Renovation | $ | 1,932 | 7973 | |||
CAP-042 | Sidewalk/Plaza Replacement | $ | 250,276 | 7974 | |||
CAP-043 | Communication/Data Upgrade | $ | 23,079 | 7975 | |||
CAP-044 | Land Acquisition | $ | 343,830 | 7976 | |||
CAP-045 | Rehabilitation of Health Sciences Building Phase I | $ | 1,681,974 | 7977 | |||
CAP-046 | Digital Infrastructure | $ | 81,153 | 7978 | |||
CAP-047 | Natatorium Rehabilitation | $ | 450,000 | 7979 | |||
CAP-048 | Facilities Building Renovation | $ | 242,120 | 7980 | |||
Total Shawnee State University | $ | 4,926,235 | 7981 |
BASIC RENOVATIONS | 7982 |
The amount reappropriated for the foregoing appropriation | 7983 |
item CAP-004, Basic Renovations, shall be $53,917 plus the | 7984 |
unencumbered and unallotted balance as of June 30, 2004. | 7985 |
Sec. 26.23. MCO MEDICAL | 7986 |
CAP-010 | Basic Renovations | $ | 123,787 | 7987 | |||
CAP-046 | Instructional and Data Processing Equipment | $ | 490,676 | 7988 | |||
CAP-048 | Medical Informatics Data Highway | $ | 6,803 | 7989 | |||
CAP-049 | Center for Classrooms of the Future | $ | 5,460 | 7990 | |||
CAP-053 | ADA Modifications | $ | 8,258 | 7991 | |||
CAP-062 | Waterproofing | $ | 3,381 | 7992 | |||
CAP-066 | Core Research Facility | $ | 2,193,940 | 7993 | |||
CAP-067 | Student Services | $ | 553 | 7994 | |||
CAP-072 | Campus Substation Repairs | $ | 5,317 | 7995 | |||
CAP-074 | Mulford Library Roof | $ | 1,740 | 7996 | |||
CAP-076 | Supplemental Renovations | $ | 16,306 | 7997 | |||
CAP-077 | Academic Classroom Improvements | $ | 400,000 | 7998 | |||
CAP-078 | Clinical Academic Renovation | $ | 700,000 | 7999 | |||
CAP-079 | Campus Waterproofing | $ | 41,500 | 8000 | |||
Total Medical |
$ | 3,997,721 | 8001 |
Reappropriations |
Sec. 26.48. STC STARK TECHNICAL COLLEGE | 8003 |
CAP-004 | Basic Renovations | $ | 537,874 | 8004 | |||
CAP-015 | Loop Road Property Acquisition/Development | $ | 629 | 8005 | |||
CAP-024 | Phase 2 Renovations | $ | 252 | 8006 | |||
CAP-027 | Information Technology Learning Center | $ | 10,000 | 8007 | |||
CAP-030 | Northside Development Parking Lot - Phase II | $ | 77,423 | 8008 | |||
CAP-031 | Student Services | $ | 31,087 | 8009 | |||
CAP-032 | Automotive Technology Building Addition | $ | 1,719,554 | 8010 | |||
Total Stark Technical College | $ | 2,376,819 | 8011 | ||||
TOTAL HIGHER EDUCATION IMPROVEMENT FUND | $ | 8012 |
Sec. 27. All items set forth in this section are hereby | 8014 |
appropriated out of any moneys in the state treasury to the credit | 8015 |
of the Parks and Recreation Improvement Fund (Fund 035) that are | 8016 |
not otherwise appropriated: | 8017 |
Reappropriations |
8018 |
CAP-005 | Cowan Lake State Park | $ | 23,445 | 8019 | |||
CAP-008 | Delaware State Park | $ | 56,223 | 8020 | |||
CAP-011 | Findley State Park | $ | 22,856 | 8021 | |||
CAP-012 | Land Acquisition | $ | 6,800,000 | 8022 | |||
CAP-016 | Hueston Woods State Park | $ | 23,258 | 8023 | |||
CAP-017 | Indian Lake State Park | $ | 130,288 | 8024 | |||
CAP-019 | Lake Hope State Park | $ | 6,776 | 8025 | |||
CAP-025 | Punderson State Park | $ | 1,163 | 8026 | |||
CAP-029 | Salt Fork State Park | $ | 127,555 | 8027 | |||
CAP-032 | West Branch State Park | $ | 200,895 | 8028 | |||
CAP-045 | Mary J. Thurston State Park Marina/Dock | $ | 300,000 | 8029 | |||
CAP-051 | Buck Creek State Park | $ | 250 | 8030 | |||
CAP-064 | Geneva State Park | $ | 4,182 | 8031 | |||
CAP-069 | Hocking Hills State Park | $ | 87,756 | 8032 | |||
CAP-070 | Lake Logan State Park | $ | 600 | 8033 | |||
CAP-093 | Portage Lakes State Park | $ | 13,373 | 8034 | |||
CAP-113 | East Harbor State Park Shoreline Stabilization | $ | 850,000 | 8035 | |||
CAP-119 | Forked Run State Park | $ | 27,747 | 8036 | |||
CAP-162 | Shawnee State Park | $ | 760 | 8037 | |||
CAP-205 | Deer Creek State Park | $ | 19,051 | 8038 | |||
CAP-234 | State Parks Campgrounds, Lodges, and Cabins | $ | 5,494,293 | 8039 | |||
CAP-331 | Park Boating Facilities | $ | 2,688,216 | 8040 | |||
CAP-390 | State Park Maintenance Facility Development | $ | 1,656,339 | 8041 | |||
CAP-701 | Buckeye Lake Dam Rehabilitation | $ | 427,756 | 8042 | |||
CAP-702 | Upgrade Underground Storage Tanks | $ | 234,134 | 8043 | |||
CAP-703 | Cap Abandoned Water Wells | $ | 78,000 | 8044 | |||
CAP-718 | Grand Lake St. Mary's State Park | $ | 251,882 | 8045 | |||
CAP-719 | Indian Lake State Park | $ | 1,000 | 8046 | |||
CAP-727 | Riverfront Improvements | $ | 1,275,000 | 8047 | |||
CAP-744 | Multi-Agency Radio Communication Equipment | $ | 425,000 | 8048 | |||
CAP-748 | Local Parks Projects | $ | 3,269,000 | 8049 | |||
CAP-821 | State Park Dredging and Shoreline Protection | $ | 14,000 | 8050 | |||
CAP-827 | Cuyahoga Valley Scenic Railroad | $ | 1,000,000 | 8051 | |||
CAP-836 | State Parks Renovation/Upgrading | $ | 350 | 8052 | |||
CAP-876 | Statewide Trails Program | $ | 1,168,398 | 8053 | |||
CAP-927 | Mohican State Park | $ | 96,816 | 8054 | |||
CAP-928 | Handicapped Accessibility | $ | 472,555 | 8055 | |||
CAP-929 | Hazardous Waste/Asbestos Abatement | $ | 49,383 | 8056 | |||
CAP-931 | Wastewater/Water Systems Upgrade | $ | 2,804,375 | 8057 | |||
Total Department of Natural Resources | $ | 30,102,675 | 8058 | ||||
TOTAL Parks and Recreation Improvement Fund | $ | 30,102,675 | 8059 |
CUYAHOGA VALLEY SCENIC RAILROAD | 8060 |
The amount reappropriated for the foregoing appropriation | 8061 |
item CAP-827, Cuyahoga Valley Scenic Railroad, is the unencumbered | 8062 |
and unallotted balance as of June 30, 2004, in appropriation item | 8063 |
CAP-827, Cuyahoga Valley Scenic Railroad, minus $2,716,666. | 8064 |
Section 36.02. That existing Sections 18.02, 18.16, 22, | 8065 |
26.10, 26.14, 26.19, 26.23, 26.48, and 27 of Am. Sub. S.B. 189 of | 8066 |
the 125th General Assembly are hereby repealed. | 8067 |
Section 37.01. That Sections 6 and 31 of Am. Sub. H.B. 95 of | 8068 |
the 125th General Assembly be amended to read as follows: | 8069 |
Sec. 6. PAY ACCRUED LEAVE LIABILITY | 8070 |
Accrued Leave Liability Fund Group | 8071 |
806 | 995-666 | Accrued Leave Fund | $ | 70,783,792 | $ | 78,296,200 | 8072 | ||||
807 | 995-667 | Disability Fund | $ | 47,269,465 | $ | 50,098,308 | 8073 | ||||
TOTAL ALF Accrued Leave Liability | 8074 | ||||||||||
Fund Group | $ | 118,053,257 | $ | 128,394,508 | 8075 |
Agency Fund Group | 8076 |
808 | 995-668 | State Employee Health Benefit Fund | $ | 312,724,593 | $ | 371,450,611 | 8077 | ||||
809 | 995-669 | Dependent Care Spending Account | $ | 3,691,169 | $ | 4,060,286 | 8078 | ||||
810 | 995-670 | Life Insurance Investment Fund | $ | 1,925,110 | $ | 1,992,489 | 8079 | ||||
811 | 995-671 | Parental Leave Benefit Fund | $ | 4,350,302 | $ | 4,785,332 | 8080 | ||||
813 | 995-672 | Health Care Spending Account | $ | 0 | $ | 2,000,000 | 8081 | ||||
TOTAL AGY Agency Fund Group | $ | 322,691,174 | $ | 8082 |
TOTAL ALL BUDGET FUND GROUPS | $ | 440,744,431 | $ | 8083 |
ACCRUED LEAVE LIABILITY FUND | 8084 |
The foregoing appropriation item 995-666, Accrued Leave Fund, | 8085 |
shall be used to make payments from the Accrued Leave Liability | 8086 |
Fund (Fund 806), pursuant to section 125.211 of the Revised Code. | 8087 |
If it is determined by the Director of Budget and Management that | 8088 |
additional amounts are necessary, the amounts are appropriated. | 8089 |
STATE EMPLOYEE DISABILITY LEAVE BENEFIT FUND | 8090 |
The foregoing appropriation item 995-667, Disability Fund, | 8091 |
shall be used to make payments from the State Employee Disability | 8092 |
Leave Benefit Fund (Fund 807), pursuant to section 124.83 of the | 8093 |
Revised Code. If it is determined by the Director of Budget and | 8094 |
Management that additional amounts are necessary, the amounts are | 8095 |
appropriated. | 8096 |
STATE EMPLOYEE HEALTH BENEFIT FUND | 8097 |
The foregoing appropriation item 995-668, State Employee | 8098 |
Health Benefit Fund, shall be used to make payments from the State | 8099 |
Employee Health Benefit Fund (Fund 808), pursuant to section | 8100 |
124.87 of the Revised Code. If it is determined by the Director of | 8101 |
Budget and Management that additional amounts are necessary, the | 8102 |
amounts are appropriated. | 8103 |
At the request of the Director of Administrative Services, | 8104 |
the Director of Budget and Management shall transfer up to | 8105 |
$250,000 in cash from the State Employee Health Benefit Fund (Fund | 8106 |
808) to the Health Care Spending Account Fund (Fund 813) during | 8107 |
fiscal year 2005. This cash shall be transferred as needed to | 8108 |
provide an initial operating cash balance for the Health Care | 8109 |
Spending Account Fund and to assure adequate cash flow for the | 8110 |
Health Care Spending Account Fund during fiscal year 2005. Not | 8111 |
later than January 15, 2005, the Director of Administrative | 8112 |
Services shall submit a plan to the Director of Budget and | 8113 |
Management that provides for the repayment during fiscal year 2006 | 8114 |
and fiscal year 2007 of all cash transfers made from the State | 8115 |
Employee Health Benefit Fund (Fund 808) to the Health Care | 8116 |
Spending Account Fund (Fund 813) during fiscal year 2005. | 8117 |
DEPENDENT CARE SPENDING ACCOUNT | 8118 |
The foregoing appropriation item 995-669, Dependent Care | 8119 |
Spending Account, shall be used to make payments from the | 8120 |
Dependent Care Spending Account (Fund 809) to employees eligible | 8121 |
for dependent care expenses. If it is determined by the Director | 8122 |
of Budget and Management that additional amounts are necessary, | 8123 |
the amounts are appropriated. | 8124 |
LIFE INSURANCE INVESTMENT FUND | 8125 |
The foregoing appropriation item 995-670, Life Insurance | 8126 |
Investment Fund, shall be used to make payments from the Life | 8127 |
Insurance Investment Fund (Fund 810) for the costs and expenses of | 8128 |
the state's life insurance benefit program pursuant to section | 8129 |
125.212 of the Revised Code. If it is determined by the Director | 8130 |
of Budget and Management that additional amounts are necessary, | 8131 |
the amounts are appropriated. | 8132 |
PARENTAL LEAVE BENEFIT FUND | 8133 |
The foregoing appropriation item 995-671, Parental Leave | 8134 |
Benefit Fund, shall be used to make payments from the Parental | 8135 |
Leave Benefit Fund (Fund 811) to employees eligible for parental | 8136 |
leave benefits pursuant to section 124.137 of the Revised Code. If | 8137 |
it is determined by the Director of Budget and Management that | 8138 |
additional amounts are necessary, the amounts are appropriated. | 8139 |
HEALTH CARE SPENDING ACCOUNT | 8140 |
There is hereby established in the state treasury the Health | 8141 |
Care Spending Account Fund (Fund 813). The foregoing appropriation | 8142 |
item 995-672, Health Care Spending Account, shall be used to make | 8143 |
payments from the fund. The fund shall be under the supervision of | 8144 |
the Department of Administrative Services and shall be used to | 8145 |
make payments pursuant to state employees' participation in a | 8146 |
flexible spending account for non-insured health care expenses | 8147 |
pursuant to Section 125 of the Internal Revenue Code. All income | 8148 |
derived from investment of the fund shall accrue to the fund. | 8149 |
If it is determined by the Director of Administrative | 8150 |
Services that additional appropriation amounts are necessary, the | 8151 |
Director of Administrative Services may request that the Director | 8152 |
of Budget and Management increase such amounts. Such amounts are | 8153 |
hereby appropriated. | 8154 |
Sec. 31. CEB CONTROLLING BOARD | 8155 |
General Revenue Fund | 8156 |
GRF | 911-401 | Emergency Purposes/Contingencies | $ | 5,000,000 | $ | 8157 | |||||
GRF | 911-404 | Mandate Assistance | $ | 1,462,500 | $ | 1,462,500 | 8158 | ||||
GRF | 911-441 | Ballot Advertising Costs | $ | 887,500 | $ | 487,500 | 8159 | ||||
TOTAL GRF General Revenue Fund | $ | 7,350,000 | $ | 8160 |
State Special Revenue Fund Group | 8161 |
5E2 | 911-601 | Disaster Services | $ | 4,000,000 | $ | 0 | 8162 | ||||
TOTAL SSR State Special | 8163 | ||||||||||
Revenue Fund Group | $ | 4,000,000 | $ | 0 | 8164 | ||||||
TOTAL ALL BUDGET FUND GROUPS | $ | 11,350,000 | $ | 8165 |
FEDERAL SHARE | 8166 |
In transferring appropriations to or from appropriation items | 8167 |
that have federal shares identified in this act, the Controlling | 8168 |
Board shall add or subtract corresponding amounts of federal | 8169 |
matching funds at the percentages indicated by the state and | 8170 |
federal division of the
appropriations in
| 8171 |
95 of the 125th General Assembly. Such changes are hereby | 8172 |
appropriated. | 8173 |
DISASTER ASSISTANCE | 8174 |
Pursuant to requests submitted by the Department of Public | 8175 |
Safety, the Controlling Board may approve transfers from the | 8176 |
Emergency Purposes Fund to a Department of Public Safety General | 8177 |
Revenue Fund appropriation item to provide funding for assistance | 8178 |
to political subdivisions made necessary by natural disasters or | 8179 |
emergencies. Such transfers may be requested and approved prior to | 8180 |
the occurrence of any specific natural disasters or emergencies in | 8181 |
order to facilitate the provision of timely assistance. | 8182 |
SOUTHERN OHIO CORRECTIONAL FACILITY COST | 8183 |
The Office of Criminal Justice Services and the Public | 8184 |
Defender Commission may each request, upon approval of the | 8185 |
Director of Budget and Management, additional funds from the | 8186 |
Emergency Purposes Fund for costs related to the disturbance that | 8187 |
occurred on April 11, 1993, at the Southern Ohio Correctional | 8188 |
Facility in Lucasville, Ohio. | 8189 |
DISASTER SERVICES | 8190 |
Pursuant to requests submitted by the Department of Public | 8191 |
Safety, the Controlling Board may approve transfers from the | 8192 |
foregoing appropriation item 911-601, Disaster Services, to a | 8193 |
Department of Public Safety General Revenue Fund appropriation | 8194 |
item to provide for assistance to political subdivisions made | 8195 |
necessary by natural disasters or emergencies. These transfers may | 8196 |
be requested and approved prior to the occurrence of any specific | 8197 |
natural disasters or emergencies in order to facilitate the | 8198 |
provision of timely assistance. The Emergency Management Agency of | 8199 |
the Department of Public Safety shall use the funding for disaster | 8200 |
aid requests that meet the Emergency Management Agency's criteria | 8201 |
for assistance. | 8202 |
The foregoing appropriation item 911-601, Disaster Services, | 8203 |
shall be used by the Controlling Board, pursuant to requests | 8204 |
submitted by state agencies, to transfer cash and appropriation | 8205 |
authority to any fund and appropriation item for the payment of | 8206 |
state agency program expenses as follows: | 8207 |
(A) The southern Ohio flooding, referred to as | 8208 |
FEMA-DR-1164-OH; | 8209 |
(B) The flood/storm disaster referred to as FEMA-DR-1227-OH; | 8210 |
(C) The Southern Ohio flooding, referred to as | 8211 |
FEMA-DR-1321-OH; | 8212 |
(D) The flooding referred to as FEMA-DR-1339-OH; | 8213 |
(E) The tornado/storms referred to as FEMA-DR-1343-OH; | 8214 |
(F) Other disasters declared by the Governor, if the Director | 8215 |
of Budget and Management determines that sufficient funds exist | 8216 |
beyond the expected program costs of these disasters. | 8217 |
The unencumbered balance of appropriation item 911-601, | 8218 |
Disaster Services, at the end of fiscal year 2004 is transferred | 8219 |
to fiscal year 2005 for use under the same appropriation item. | 8220 |
MANDATE ASSISTANCE | 8221 |
(A) The foregoing appropriation item 911-404, Mandate | 8222 |
Assistance, shall be used to provide financial assistance to local | 8223 |
units of government, school districts, and fire departments for | 8224 |
the cost of the following three unfunded state mandates: | 8225 |
(1) The cost to county prosecutors for prosecuting certain | 8226 |
felonies that occur on the grounds of state institutions operated | 8227 |
by the Department of Rehabilitation and Correction and the | 8228 |
Department of Youth Services; | 8229 |
(2) The cost, primarily to small villages and townships, of | 8230 |
providing firefighter training and equipment or gear; | 8231 |
(3) The cost to school districts of in-service training for | 8232 |
child abuse detection. | 8233 |
(B) The Department of Commerce, the Office of Criminal | 8234 |
Justice Services, and the Department of Education may prepare and | 8235 |
submit to the Controlling Board one or more requests to transfer | 8236 |
appropriations from appropriation item 911-404, Mandate | 8237 |
Assistance. The state agencies charged with this administrative | 8238 |
responsibility are listed below, as well as the estimated annual | 8239 |
amounts that may be used for each program of state financial | 8240 |
assistance. | 8241 |
ADMINISTERING | ESTIMATED ANNUAL | 8242 | ||||
PROGRAM | AGENCY | AMOUNT | 8243 |
Prosecution Costs | Office of Criminal | $146,500 | 8244 | |||
Justice Services | 8245 | |||||
Firefighter Training Costs | Department of Commerce | $731,000 | 8246 | |||
Child Abuse Detection Training Costs | Department of Education | $585,000 | 8247 |
(C) Subject to the total amount appropriated in each fiscal | 8248 |
year for appropriation item 911-404, Mandate Assistance, the | 8249 |
Department of Commerce, the Office of Criminal Justice Services, | 8250 |
and the Department of Education may request from the Controlling | 8251 |
Board that amounts smaller or larger than these estimated annual | 8252 |
amounts be transferred to each program. | 8253 |
(D) In addition to making the initial transfers requested by | 8254 |
the Department of Commerce, the Office of Criminal Justice | 8255 |
Services, and the Department of Education, the Controlling Board | 8256 |
may transfer appropriations received by a state agency under this | 8257 |
section back to appropriation item 911-404, Mandate Assistance, or | 8258 |
to one or more of the other programs of state financial assistance | 8259 |
identified under this section. | 8260 |
(E) It is expected that not all costs incurred by local units | 8261 |
of government, school districts, and fire departments under each | 8262 |
of the three programs of state financial assistance identified | 8263 |
under this section will be fully reimbursed by the state. | 8264 |
Reimbursement levels may vary by program and shall be based on: | 8265 |
the relationship between the appropriation transfers requested by | 8266 |
the Department of Commerce, the Office of Criminal Justice | 8267 |
Services, and the Department of Education and provided by the | 8268 |
Controlling Board for each of the programs; the rules and | 8269 |
procedures established for each program by the administering state | 8270 |
agency; and the actual costs incurred by local units of | 8271 |
government, school districts, and fire departments. | 8272 |
(F) Each of these programs of state financial assistance | 8273 |
shall be carried out as follows: | 8274 |
(1) PROSECUTION COSTS | 8275 |
(a) Appropriations may be transferred to the Office of | 8276 |
Criminal Justice Services to cover local prosecution costs for | 8277 |
aggravated murder, murder, felonies of the first degree, and | 8278 |
felonies of the second degree that occur on the grounds of | 8279 |
institutions operated by the Department of Rehabilitation and | 8280 |
Correction and the Department of Youth Services. | 8281 |
(b) Upon a delinquency filing in juvenile court or the return | 8282 |
of an indictment for aggravated murder, murder, or any felony of | 8283 |
the first or second degree that was committed at a Department of | 8284 |
Youth Services or a Department of Rehabilitation and Correction | 8285 |
institution, the affected county may, in accordance with rules | 8286 |
that the Office of Criminal Justice Services shall adopt, apply to | 8287 |
the Office of Criminal Justice Services for a grant to cover all | 8288 |
documented costs that are incurred by the county prosecutor's | 8289 |
office. | 8290 |
(c) Twice each year, the Office of Criminal Justice Services | 8291 |
shall designate counties to receive grants from those counties | 8292 |
that have submitted one or more applications in compliance with | 8293 |
the rules that have been adopted by the Office of Criminal Justice | 8294 |
Services for the receipt of such grants. In each year's first | 8295 |
round of grant awards, if sufficient appropriations have been | 8296 |
made, up to a total of $100,000 may be awarded. In each year's | 8297 |
second round of grant awards, the remaining appropriations | 8298 |
available for this purpose may be awarded. | 8299 |
(d) If for a given round of grants there are insufficient | 8300 |
appropriations to make grant awards to all the eligible counties, | 8301 |
the first priority shall be given to counties with cases involving | 8302 |
aggravated murder and murder; second priority shall be given to | 8303 |
cases involving a felony of the first degree; and third priority | 8304 |
shall be given to cases involving a felony of the second degree. | 8305 |
Within these priorities, the grant awards shall be based on the | 8306 |
order in which the applications were received, except that | 8307 |
applications for cases involving a felony of the first or second | 8308 |
degree shall not be considered in more than two consecutive rounds | 8309 |
of grant awards. | 8310 |
(2) FIREFIGHTER TRAINING COSTS | 8311 |
Appropriations may be transferred to the Department of | 8312 |
Commerce for use as full or partial reimbursement to local units | 8313 |
of government and fire departments for the cost of firefighter | 8314 |
training and equipment or gear. In accordance with rules that the | 8315 |
department shall adopt, a local unit of government or fire | 8316 |
department may apply to the department for a grant to cover all | 8317 |
documented costs that are incurred to provide firefighter training | 8318 |
and equipment or gear. The department shall make grants within the | 8319 |
limits of the funding provided, with priority given to fire | 8320 |
departments that serve small villages and townships. | 8321 |
(3) CHILD ABUSE DETECTION TRAINING COSTS | 8322 |
Appropriations may be transferred to the Department of | 8323 |
Education for disbursement to local school districts as full or | 8324 |
partial reimbursement for the cost of providing in-service | 8325 |
training for child abuse detection. In accordance with rules that | 8326 |
the department shall adopt, a local school district may apply to | 8327 |
the department for a grant to cover all documented costs that are | 8328 |
incurred to provide in-service training for child abuse detection. | 8329 |
The department shall make grants within the limits of the funding | 8330 |
provided. | 8331 |
(G) Any moneys allocated within appropriation item 911-404, | 8332 |
Mandate Assistance, not fully utilized may, upon application of | 8333 |
the Ohio Public Defender Commission, and with the approval of the | 8334 |
Controlling Board, be disbursed to boards of county commissioners | 8335 |
to provide additional reimbursement for the costs incurred by | 8336 |
counties in providing defense to indigent defendants pursuant to | 8337 |
Chapter 120. of the Revised Code. | 8338 |
The amount to be disbursed to each county shall be allocated | 8339 |
proportionately on the basis of the total amount of reimbursement | 8340 |
paid to each county as a percentage of the amount of reimbursement | 8341 |
paid to all of the counties during the most recent state fiscal | 8342 |
year for which data is available and as calculated by the Ohio | 8343 |
Public Defender Commission. | 8344 |
BALLOT ADVERTISING COSTS | 8345 |
Pursuant to requests submitted by the Ohio Ballot Board, the | 8346 |
Controlling Board shall approve transfers from the foregoing | 8347 |
appropriation item 911-441, Ballot Advertising Costs, to an Ohio | 8348 |
Ballot Board appropriation item in order to reimburse county | 8349 |
boards of elections for the cost of public notices associated with | 8350 |
statewide ballot initiatives. | 8351 |
Of the foregoing appropriation item 911-441, Ballot | 8352 |
Advertising Costs, the Director of Budget and Management shall | 8353 |
transfer any amounts that are not needed for the purpose of | 8354 |
reimbursing county boards of elections for the cost of public | 8355 |
notices associated with statewide ballot initiatives to | 8356 |
appropriation item 911-404, Mandate Assistance. | 8357 |
Section 37.02. That existing Sections 6 and 31 of Am. Sub. | 8358 |
H.B. 95 of the 125th General Assembly are hereby repealed. | 8359 |
Section 37.03. The amendments by this act of Sections 6 and | 8360 |
31 of Am. Sub. H.B. 95 of the 125th General Assembly are not | 8361 |
subject to the referendum. Therefore, under Ohio Constitution, | 8362 |
Article II, Section 1d and section 1.471 of the Revised Code, the | 8363 |
amendments go into immediate effect when this act becomes law. | 8364 |
Section 37.04. That Sections 89, 89.04, and 89.08 of Am. Sub. | 8365 |
H.B. 95 of the 125th General Assembly, as amended by Am. Sub. S.B. | 8366 |
189 of the 125th General Assembly, be amended to read as follows: | 8367 |
Sec. 89. BOR BOARD OF REGENTS | 8368 |
General Revenue Fund | 8369 |
GRF | 235-321 | Operating Expenses | $ | 3,336,284 | $ | 2,767,219 | 8370 | ||||
GRF | 235-401 | Lease Rental Payments | $ | 246,500,700 | $ | 216,836,400 | 8371 | ||||
GRF | 235-402 | Sea Grants | $ | 274,895 | $ | 274,895 | 8372 | ||||
GRF | 235-403 | Math/Science Teaching Improvement | $ | 1,757,614 | $ | 1,757,614 | 8373 | ||||
GRF | 235-404 | College Readiness Initiatives | $ | 3,152,603 | $ | 3,401,759 | 8374 | ||||
GRF | 235-406 | Articulation and Transfer | $ | 733,200 | $ | 733,200 | 8375 | ||||
GRF | 235-408 | Midwest Higher Education Compact | $ | 82,500 | $ | 82,500 | 8376 | ||||
GRF | 235-409 | Information System | $ | 1,185,879 | $ | 1,154,671 | 8377 | ||||
GRF | 235-414 | State Grants and Scholarship Administration | $ | 1,219,719 | $ | 1,211,373 | 8378 | ||||
GRF | 235-415 | Jobs Challenge | $ | 9,348,300 | $ | 9,348,300 | 8379 | ||||
GRF | 235-417 | Ohio Learning Network | $ | 3,413,046 | $ | 3,327,720 | 8380 | ||||
GRF | 235-418 | Access Challenge | $ | 67,568,622 | $ | 67,568,622 | 8381 | ||||
GRF | 235-420 | Success Challenge | $ | 51,113,077 | $ | 56,113,077 | 8382 | ||||
GRF | 235-428 | Appalachian New Economy Partnership | $ | 1,179,893 | $ | 1,147,895 | 8383 | ||||
GRF | 235-451 | Eminent Scholars | $ | 0 | $ | 1,462,500 | 8384 | ||||
GRF | 235-454 | Research Challenge | $ | 18,330,000 | $ | 18,330,000 | 8385 | ||||
GRF | 235-455 | EnterpriseOhio Network | $ | 1,505,262 | $ | 1,465,650 | 8386 | ||||
GRF | 235-474 | Area Health Education Centers Program Support | $ | 1,722,226 | $ | 1,676,670 | 8387 | ||||
GRF | 235-477 | Access Improvement Projects | $ | 1,048,664 | $ | 1,080,124 | 8388 | ||||
GRF | 235-501 | State Share of Instruction | $ | 1,534,189,277 | $ | 1,559,096,031 | 8389 | ||||
GRF | 235-502 | Student Support Services | $ | 870,675 | $ | 848,908 | 8390 | ||||
GRF | 235-503 | Ohio Instructional Grants | $ | 111,966,343 | $ | 115,325,333 | 8391 | ||||
GRF | 235-504 | War Orphans Scholarships | $ | 4,672,321 | $ | 4,672,321 | 8392 | ||||
GRF | 235-507 | OhioLINK | $ | 7,028,392 | $ | 7,028,392 | 8393 | ||||
GRF | 235-508 | Air Force Institute of Technology | $ | 2,096,523 | $ | 2,053,860 | 8394 | ||||
GRF | 235-509 | Displaced Homemakers | $ | 204,865 | $ | 199,743 | 8395 | ||||
GRF | 235-510 | Ohio Supercomputer Center | $ | 4,208,472 | $ | 4,103,260 | 8396 | ||||
GRF | 235-511 | Cooperative Extension Service | $ | 25,644,863 | $ | 25,644,863 | 8397 | ||||
GRF | 235-513 | Ohio University Voinovich Center | $ | 311,977 | $ | 305,178 | 8398 | ||||
GRF | 235-514 | Central State Supplement | $ | 11,039,203 | $ | 11,039,203 | 8399 | ||||
GRF | 235-515 | Case Western Reserve University School of Medicine | $ | 3,303,612 | $ | 3,212,271 | 8400 | ||||
GRF | 235-518 | Capitol Scholarship Programs | $ | 245,000 | $ | 245,000 | 8401 | ||||
GRF | 235-519 | Family Practice | $ | 5,529,432 | $ | 5,391,196 | 8402 | ||||
GRF | 235-520 | Shawnee State Supplement | $ | 2,082,289 | $ | 2,082,289 | 8403 | ||||
GRF | 235-521 | The Ohio State University Glenn Institute | $ | 311,977 | $ | 305,178 | 8404 | ||||
GRF | 235-524 | Police and Fire Protection | $ | 209,046 | $ | 203,819 | 8405 | ||||
GRF | 235-525 | Geriatric Medicine | $ | 820,696 | $ | 800,179 | 8406 | ||||
GRF | 235-526 | Primary Care Residencies | $ | 2,730,013 | $ | 2,661,762 | 8407 | ||||
GRF | 235-527 | Ohio Aerospace Institute | $ | 1,933,607 | $ | 1,882,767 | 8408 | ||||
GRF | 235-530 | Academic Scholarships | $ | 7,800,000 | $ | 7,800,000 | 8409 | ||||
GRF | 235-531 | Student Choice Grants | $ | 52,139,646 | $ | 52,139,646 | 8410 | ||||
GRF | 235-534 | Student Workforce Development Grants | $ | 2,437,500 | $ | 2,437,500 | 8411 | ||||
GRF | 235-535 | Ohio Agricultural Research and Development Center | $ | 35,830,188 | $ | 35,830,188 | 8412 | ||||
GRF | 235-536 | The Ohio State University Clinical Teaching | $ | 13,565,885 | $ | 13,565,885 | 8413 | ||||
GRF | 235-537 | University of Cincinnati Clinical Teaching | $ | 11,157,756 | $ | 11,157,756 | 8414 | ||||
GRF | 235-538 | Medical |
$ | 8,696,866 | $ | 8,696,866 | 8415 | ||||
GRF | 235-539 | Wright State University Clinical Teaching | $ | 4,225,107 | $ | 4,225,107 | 8416 | ||||
GRF | 235-540 | Ohio University Clinical Teaching | $ | 4,084,540 | $ | 4,084,540 | 8417 | ||||
GRF | 235-541 | Northeastern Ohio Universities College of Medicine Clinical Teaching | $ | 4,200,945 | $ | 4,200,945 | 8418 | ||||
GRF | 235-543 | Ohio College of Podiatric Medicine Clinical Subsidy | $ | 424,033 | $ | 424,033 | 8419 | ||||
GRF | 235-547 | School of International Business | $ | 1,264,611 | $ | 1,232,996 | 8420 | ||||
GRF | 235-549 | Part-time Student Instructional Grants | $ | 14,036,622 | $ | 14,457,721 | 8421 | ||||
GRF | 235-552 | Capital Component | $ | 18,711,936 | $ | 18,711,936 | 8422 | ||||
GRF | 235-553 | Dayton Area Graduate Studies Institute | $ | 3,074,550 | $ | 2,993,937 | 8423 | ||||
GRF | 235-554 | Computer Science Graduate Education | $ | 2,577,209 | $ | 2,512,779 | 8424 | ||||
GRF | 235-555 | Library Depositories | $ | 1,775,467 | $ | 1,731,080 | 8425 | ||||
GRF | 235-556 | Ohio Academic Resources Network | $ | 3,657,009 | $ | 3,803,289 | 8426 | ||||
GRF | 235-558 | Long-term Care Research | $ | 230,906 | $ | 225,134 | 8427 | ||||
GRF | 235-561 | Bowling Green State University Canadian Studies Center | $ | 121,586 | $ | 118,546 | 8428 | ||||
GRF | 235-572 | The Ohio State University Clinic Support | $ | 1,400,394 | $ | 1,362,259 | 8429 | ||||
GRF | 235-583 | Urban University Programs | $ | 5,692,236 | $ | 5,553,506 | 8430 | ||||
GRF | 235-585 | Ohio University Innovation Center | $ | 41,596 | $ | 40,556 | 8431 | ||||
GRF | 235-587 | Rural University Projects | $ | 1,224,510 | $ | 1,224,510 | 8432 | ||||
GRF | 235-588 | Ohio Resource Center for Mathematics, Science, and Reading | $ | 853,262 | $ | 853,262 | 8433 | ||||
GRF | 235-595 | International Center for Water Resources Development | $ | 137,352 | $ | 133,918 | 8434 | ||||
GRF | 235-596 | Hazardous Materials Program | $ | 339,647 | $ | 331,156 | 8435 | ||||
GRF | 235-599 | National Guard Scholarship Program | $ | 14,752,916 | $ | 16,078,208 | 8436 | ||||
GRF | 235-909 | Higher Education General Obligation Debt Service | $ | 97,668,000 | $ | 130,967,600 | 8437 | ||||
TOTAL GRF General Revenue Fund | $ | 2,444,993,342 | $ | 2,483,736,601 | 8438 |
General Services Fund Group | 8439 |
220 | 235-614 | Program Approval and Reauthorization | $ | 400,000 | $ | 400,000 | 8440 | ||||
456 | 235-603 | Sales and Services | $ | 500,002 | $ | 500,003 | 8441 | ||||
TOTAL GSF General Services | 8442 | ||||||||||
Fund Group | $ | 900,002 | $ | 900,003 | 8443 |
Federal Special Revenue Fund Group | 8444 |
3H2 | 235-608 | Human Services Project | $ | 1,500,000 | $ | 1,500,000 | 8445 | ||||
3N6 | 235-605 | State Student Incentive Grants | $ | 2,196,680 | $ | 2,196,680 | 8446 | ||||
3T0 | 235-610 | National Health Service Corps - Ohio Loan Repayment | $ | 150,001 | $ | 150,001 | 8447 | ||||
312 | 235-609 | Tech Prep | $ | 183,850 | $ | 183,850 | 8448 | ||||
312 | 235-611 | Gear-up Grant | $ | 1,478,245 | $ | 1,370,691 | 8449 | ||||
312 | 235-612 | Carl D. Perkins Grant/Plan Administration | $ | 112,960 | $ | 112,960 | 8450 | ||||
312 | 235-615 | Professional Development | $ | 523,129 | $ | 523,129 | 8451 | ||||
312 | 235-616 | Workforce Investment Act Administration | $ | 850,000 | $ | 850,000 | 8452 | ||||
312 | 235-631 | Federal Grants | $ | 3,444,949 | $ | 3,150,590 | 8453 | ||||
TOTAL FED Federal Special Revenue | 8454 | ||||||||||
Fund Group | $ | 10,439,814 | $ | 10,037,901 | 8455 |
State Special Revenue Fund Group | 8456 |
4E8 | 235-602 | Higher Educational Facility Commission Administration | $ | 20,000 | $ | 20,000 | 8457 | ||||
4P4 | 235-604 | Physician Loan Repayment | $ | 476,870 | $ | 476,870 | 8458 | ||||
649 | 235-607 | The Ohio State University Highway/Transportation Research | $ | 760,000 | $ | 760,000 | 8459 | ||||
682 | 235-606 | Nursing Loan Program | $ | 893,000 | $ | 893,000 | 8460 | ||||
TOTAL SSR State Special Revenue | 8461 | ||||||||||
Fund Group | $ | 2,149,870 | $ | 2,149,870 | 8462 | ||||||
TOTAL ALL BUDGET FUND GROUPS | $ | 2,458,483,028 | $ | 2,496,824,375 | 8463 |
Sec. 89.04. STATE SHARE OF INSTRUCTION | 8465 |
As soon as practicable during each fiscal year of the | 8466 |
2003-2005 biennium in accordance with instructions of the Board of | 8467 |
Regents, each state-assisted institution of higher education shall | 8468 |
report its actual enrollment to the Board of Regents. | 8469 |
The Board of Regents shall establish procedures required by | 8470 |
the system of formulas set out below and for the assignment of | 8471 |
individual institutions to categories described in the formulas. | 8472 |
The system of formulas establishes the manner in which aggregate | 8473 |
expenditure requirements shall be determined for each of the three | 8474 |
components of institutional operations. In addition to other | 8475 |
adjustments and calculations described below, the subsidy | 8476 |
entitlement of an institution shall be determined by subtracting | 8477 |
from the institution's aggregate expenditure requirements income | 8478 |
to be derived from the local contributions assumed in calculating | 8479 |
the subsidy entitlements. The local contributions for purposes of | 8480 |
determining subsidy support shall not limit the authority of the | 8481 |
individual boards of trustees to establish fee levels. | 8482 |
The General Studies and Technical models shall be adjusted by | 8483 |
the Board of Regents so that the share of state subsidy earned by | 8484 |
those models is not altered by changes in the overall local share. | 8485 |
A lower-division fee differential shall be used to maintain the | 8486 |
relationship that would have occurred between these models and the | 8487 |
baccalaureate models had an assumed share of 37 per cent been | 8488 |
funded. | 8489 |
In defining the number of full-time equivalent (FTE) students | 8490 |
for state subsidy purposes, the Board of Regents shall exclude all | 8491 |
undergraduate students who are not residents of Ohio, except those | 8492 |
charged in-state fees in accordance with reciprocity agreements | 8493 |
made pursuant to section 3333.17 of the Revised Code or employer | 8494 |
contracts entered into pursuant to section 3333.32 of the Revised | 8495 |
Code. | 8496 |
(A) AGGREGATE EXPENDITURE PER FULL-TIME EQUIVALENT STUDENT | 8497 |
(1) INSTRUCTION AND SUPPORT SERVICES | 8498 |
MODEL | FY 2004 | FY 2005 | 8499 | |
General Studies I | $ 4,947 | $ 4,983 | 8500 | |
General Studies II | $ 5,323 | $ 5,336 | 8501 | |
General Studies III | $ 6,883 | $ 7,120 | 8502 | |
Technical I | $ 5,913 | $ 6,137 | 8503 | |
Technical III | $ 9,522 | $ 10,026 | 8504 | |
Baccalaureate I | $ 7,623 | $ 7,721 | 8505 | |
Baccalaureate II | $ 8,584 | $ 8,864 | 8506 | |
Baccalaureate III | $ 12,559 | $ 12,932 | 8507 | |
Masters and Professional I | $ 15,867 | $ 18,000 | 8508 | |
Masters and Professional II | $ 20,861 | $ 22,141 | 8509 | |
Masters and Professional III | $ 27,376 | $ 28,190 | 8510 | |
Medical I | $ 30,867 | $ 31,819 | 8511 | |
Medical II | $ 41,495 | $ 41,960 | 8512 | |
MPD I | $ 14,938 | $ 14,966 | 8513 |
(2) STUDENT SERVICES | 8514 |
For this purpose, FTE counts shall be weighted to reflect | 8515 |
differences among institutions in the numbers of students enrolled | 8516 |
on a part-time basis. The student services subsidy per FTE shall | 8517 |
be $822 in fiscal year 2004 and $903 in fiscal year 2005 for all | 8518 |
models. | 8519 |
(B) PLANT OPERATION AND MAINTENANCE (POM) | 8520 |
(1) DETERMINATION OF THE SQUARE-FOOT-BASED POM SUBSIDY | 8521 |
Space undergoing renovation shall be funded at the rate | 8522 |
allowed for storage space. | 8523 |
In the calculation of square footage for each campus, square | 8524 |
footage shall be weighted to reflect differences in space | 8525 |
utilization. | 8526 |
The space inventories for each campus shall be those | 8527 |
determined in the fiscal year 2003 state share of instruction | 8528 |
calculation, adjusted for changes attributable to the construction | 8529 |
or renovation of facilities for which state appropriations were | 8530 |
made or local commitments were made prior to January 1, 1995. | 8531 |
Only 50 per cent of the space permanently taken out of | 8532 |
operation in fiscal year 2004 or fiscal year 2005 that is not | 8533 |
otherwise replaced by a campus shall be deleted from the plant | 8534 |
operation and maintenance space inventory. | 8535 |
The square-foot-based plant operation and maintenance subsidy | 8536 |
for each campus shall be determined as follows: | 8537 |
(a) For each standard room type category shown below, the | 8538 |
subsidy-eligible net assignable square feet (NASF) for each campus | 8539 |
shall be multiplied by the following rates, and the amounts summed | 8540 |
for each campus to determine the total gross square-foot-based POM | 8541 |
expenditure requirement: | 8542 |
FY 2004 | FY 2005 | 8543 | ||
Classrooms | $5.80 | $6.04 | 8544 | |
Laboratories | $7.22 | $7.53 | 8545 | |
Offices | $5.80 | $6.04 | 8546 | |
Audio Visual Data Processing | $7.22 | $7.53 | 8547 | |
Storage | $2.57 | $2.68 | 8548 | |
Circulation | $7.31 | $7.62 | 8549 | |
Other | $5.80 | $6.04 | 8550 |
(b) The total gross square-foot POM expenditure requirement | 8551 |
shall be allocated to models in proportion to each campus's | 8552 |
activity-based POM weight multiplied by the two- or five-year | 8553 |
average subsidy-eligible FTEs for all models. | 8554 |
(c) The amounts allocated to models in division (B)(1)(b) of | 8555 |
this section shall be multiplied by the ratio of subsidy-eligible | 8556 |
FTE students to total FTE students reported in each model, and the | 8557 |
amounts summed for all models. To this total amount shall be added | 8558 |
an amount to support roads and grounds expenditures, which shall | 8559 |
also be multiplied by the ratio of subsidy-eligible FTE students | 8560 |
to total FTEs reported for each model. From this total amount, the | 8561 |
amounts for Doctoral I and Doctoral II shall be subtracted to | 8562 |
produce the square-foot-based POM subsidy. | 8563 |
(2) DETERMINATION OF THE ACTIVITY-BASED POM SUBSIDY | 8564 |
(a) The number of subsidy-eligible FTE students in each model | 8565 |
shall be multiplied by the following rates for each campus for | 8566 |
each fiscal year. | 8567 |
FY 2004 | FY 2005 | 8568 | ||
General Studies I | $ 552 | $ 560 | 8569 | |
General Studies II | $ 696 | $ 705 | 8570 | |
General Studies III | $1,608 | $1,651 | 8571 | |
Technical I | $ 777 | $ 806 | 8572 | |
Technical III | $1,501 | $1,570 | 8573 | |
Baccalaureate I | $ 700 | $ 706 | 8574 | |
Baccalaureate II | $1,250 | $1,232 | 8575 | |
Baccalaureate III | $1,520 | $1,458 | 8576 | |
Masters and Professional I | $1,258 | $1,301 | 8577 | |
Masters and Professional II | $2,817 | $2,688 | 8578 | |
Masters and Professional III | $3,832 | $3,712 | 8579 | |
Medical I | $2,663 | $2,669 | 8580 | |
Medical II | $3,837 | $4,110 | 8581 | |
MPD I | $1,213 | $1,233 | 8582 |
(b) The sum of the products for each campus determined in | 8583 |
division (B)(2)(a) of this section for all models except Doctoral | 8584 |
I and Doctoral II for each fiscal year shall be weighted by a | 8585 |
factor to reflect sponsored research activity and job | 8586 |
training-related public services expenditures to determine the | 8587 |
total activity-based POM subsidy. | 8588 |
(C) CALCULATION OF CORE SUBSIDY ENTITLEMENTS AND ADJUSTMENTS | 8589 |
(1) CALCULATION OF CORE SUBSIDY ENTITLEMENTS | 8590 |
The calculation of the core subsidy entitlement shall consist | 8591 |
of the following components: | 8592 |
(a) For each campus and for each fiscal year, the core | 8593 |
subsidy entitlement shall be determined by multiplying the amounts | 8594 |
listed above in divisions (A)(1) and (2) and (B)(2) of this | 8595 |
section less assumed local contributions, by (i) average | 8596 |
subsidy-eligible FTEs for the two-year period ending in the prior | 8597 |
year for all models except Doctoral I and Doctoral II; and (ii) | 8598 |
average subsidy-eligible FTEs for the five-year period ending in | 8599 |
the prior year for all models except Doctoral I and Doctoral II. | 8600 |
(b) In calculating the core subsidy entitlements for Medical | 8601 |
II models only, the Board of Regents shall use the following count | 8602 |
of FTE students: | 8603 |
(i) For those medical schools whose current year enrollment, | 8604 |
including students repeating terms, is below the base enrollment, | 8605 |
the Medical II FTE enrollment shall equal: 65 per cent of the base | 8606 |
enrollment plus 35 per cent of the current year enrollment | 8607 |
including students repeating terms, where the base enrollment is: | 8608 |
The Ohio State University | 1010 | 8609 | |||
University of Cincinnati | 833 | 8610 | |||
Medical |
650 | 8611 | |||
Wright State University | 433 | 8612 | |||
Ohio University | 433 | 8613 | |||
Northeastern Ohio Universities College of Medicine | 433 | 8614 |
(ii) For those medical schools whose current year enrollment, | 8615 |
excluding students repeating terms, is equal to or greater than | 8616 |
the base enrollment, the Medical II FTE enrollment shall equal the | 8617 |
base enrollment plus the FTE for repeating students. | 8618 |
(iii) Students repeating terms may be no more than five per | 8619 |
cent of current year enrollment. | 8620 |
(c) The Board of Regents shall compute the sum of the two | 8621 |
calculations listed in division (C)(1)(a) of this section and use | 8622 |
the greater sum as the core subsidy entitlement. | 8623 |
The POM subsidy for each campus shall equal the greater of | 8624 |
the square-foot-based subsidy or the activity-based POM subsidy | 8625 |
component of the core subsidy entitlement. | 8626 |
(d) The state share of instruction provided for doctoral | 8627 |
students shall be based on a fixed percentage of the total | 8628 |
appropriation. In each fiscal year of the biennium not more than | 8629 |
10.34 per cent of the total state share of instruction shall be | 8630 |
reserved to implement the recommendations of the Graduate Funding | 8631 |
Commission. It is the intent of the General Assembly that the | 8632 |
doctoral reserve not exceed 10.34 per cent of the total state | 8633 |
share of instruction to implement the recommendations of the | 8634 |
Graduate Funding Commission. The Board of Regents may reallocate | 8635 |
up to two per cent in each fiscal year of the reserve among the | 8636 |
state-assisted universities on the basis of a quality review as | 8637 |
specified in the recommendations of the Graduate Funding | 8638 |
Commission. No such reallocation shall occur unless the Board of | 8639 |
Regents, in consultation with representatives of state-assisted | 8640 |
universities, determines that sufficient funds are available for | 8641 |
this purpose. | 8642 |
The amount so reserved shall be allocated to universities in | 8643 |
proportion to their share of the total number of Doctoral I | 8644 |
equivalent FTEs as calculated on an institutional basis using the | 8645 |
greater of the two-year or five-year FTEs for the period fiscal | 8646 |
year 1994 through fiscal year 1998 with annualized FTEs for fiscal | 8647 |
years 1994 through 1997 and all-term FTEs for fiscal year 1998 as | 8648 |
adjusted to reflect the effects of doctoral review and subsequent | 8649 |
changes in Doctoral I equivalent enrollments. For the purposes of | 8650 |
this calculation, Doctoral I equivalent FTEs shall equal the sum | 8651 |
of Doctoral I FTEs plus 1.5 times the sum of Doctoral II FTEs. | 8652 |
(2) ANNUAL STATE SHARE OF INSTRUCTION FUNDING GUARANTEE | 8653 |
In addition to and after the other adjustment noted above, in | 8654 |
fiscal year 2004, no campus shall receive a state share of | 8655 |
instruction allocation that is less than 100 per cent of the prior | 8656 |
year's state share of instruction amount. In fiscal year 2005, no | 8657 |
campus shall receive a state share of instruction allocation that | 8658 |
is less than 99 per cent of what that campus' state share of | 8659 |
instruction would have been had the allocation in fiscal year 2004 | 8660 |
been not less than 99 per cent, rather than 100 per cent, of the | 8661 |
prior year's state share of instruction amount. | 8662 |
(3) CAPITAL COMPONENT DEDUCTION | 8663 |
After all other adjustments have been made, state share of | 8664 |
instruction earnings shall be reduced for each campus by the | 8665 |
amount, if any, by which debt service charged in Am. H.B. No. 748 | 8666 |
of the 121st General Assembly, Am. Sub. H.B. No. 850 of the 122nd | 8667 |
General Assembly, Am. H.B. No. 640 of the 123rd General Assembly, | 8668 |
and H.B. No. 675 of the 124th General Assembly for that campus | 8669 |
exceeds that campus's capital component earnings. The sum of the | 8670 |
amounts deducted shall be transferred to appropriation item | 8671 |
235-552, Capital Component, in each fiscal year. | 8672 |
(D) REDUCTIONS IN EARNINGS | 8673 |
If the total state share of instruction earnings in any | 8674 |
fiscal year exceed the total appropriations available for such | 8675 |
purposes, the Board of Regents shall proportionately reduce the | 8676 |
state share of instruction earnings for all campuses by a uniform | 8677 |
percentage so that the system wide sum equals available | 8678 |
appropriations. | 8679 |
(E) EXCEPTIONAL CIRCUMSTANCES | 8680 |
Adjustments may be made to the state share of instruction | 8681 |
payments and other subsidies distributed by the Board of Regents | 8682 |
to state-assisted colleges and universities for exceptional | 8683 |
circumstances. No adjustments for exceptional circumstances may be | 8684 |
made without the recommendation of the Chancellor and the approval | 8685 |
of the Controlling Board. | 8686 |
(F) MID-YEAR APPROPRIATION REDUCTIONS TO THE STATE SHARE OF | 8687 |
INSTRUCTION | 8688 |
The standard provisions of the state share of instruction | 8689 |
calculation as described in the preceding sections of temporary | 8690 |
law shall apply to any reductions made to appropriation line item | 8691 |
235-501, State Share of Instruction, before the Board of Regents | 8692 |
has formally approved the final allocation of the state share of | 8693 |
instruction funds for any fiscal year. | 8694 |
Any reductions made to appropriation line item 235-501, State | 8695 |
Share of Instruction, after the Board of Regents has formally | 8696 |
approved the final allocation of the state share of instruction | 8697 |
funds for any fiscal year, shall be uniformly applied to each | 8698 |
campus in proportion to its share of the final allocation. | 8699 |
(G) DISTRIBUTION OF STATE SHARE OF INSTRUCTION | 8700 |
The state share of instruction payments to the institutions | 8701 |
shall be in substantially equal monthly amounts during the fiscal | 8702 |
year, unless otherwise determined by the Director of Budget and | 8703 |
Management pursuant to section 126.09 of the Revised Code. | 8704 |
Payments during the first six months of the fiscal year shall be | 8705 |
based upon the state share of instruction appropriation estimates | 8706 |
made for the various institutions of higher education according to | 8707 |
Board of Regents enrollment estimates. Payments during the last | 8708 |
six months of the fiscal year shall be distributed after approval | 8709 |
of the Controlling Board upon the request of the Board of Regents. | 8710 |
(H) LAW SCHOOL SUBSIDY | 8711 |
The state share of instruction to state-supported | 8712 |
universities for students enrolled in law schools in fiscal year | 8713 |
2004 and fiscal year 2005 shall be calculated by using the number | 8714 |
of subsidy-eligible FTE law school students funded by state | 8715 |
subsidy in fiscal year 1995 or the actual number of | 8716 |
subsidy-eligible FTE law school students at the institution in the | 8717 |
fiscal year, whichever is less. | 8718 |
Sec. 89.08. CASE WESTERN RESERVE UNIVERSITY SCHOOL OF | 8719 |
MEDICINE | 8720 |
The foregoing appropriation item 235-515, Case Western | 8721 |
Reserve University School of Medicine, shall be disbursed to Case | 8722 |
Western Reserve University through the Board of Regents in | 8723 |
accordance with agreements entered into as provided for by section | 8724 |
3333.10 of the Revised Code, provided that the state support per | 8725 |
full-time medical student shall not exceed that provided to | 8726 |
full-time medical students at state universities. | 8727 |
CAPITAL SCHOLARSHIP PROGRAM | 8728 |
The foregoing appropriation item 235-518, Capital Scholarship | 8729 |
Program, shall be used by the Board of Regents to provide | 8730 |
scholarships to undergraduates of Ohio's four-year public and | 8731 |
private institutions of higher education participating in the | 8732 |
Washington Center Internship Program. A scholarship of $1,800 | 8733 |
shall be awarded to students enrolled in an institution operating | 8734 |
on a quarter system, and a scholarship of $2,300 shall be awarded | 8735 |
to students enrolled in an institution operating on a semester | 8736 |
system. The number of scholarships awarded shall be limited by the | 8737 |
amounts appropriated in fiscal years 2004 and 2005. The Washington | 8738 |
Center shall match the scholarships awarded to students as | 8739 |
follows: $1,200 for students enrolled in an institution operating | 8740 |
on a quarter system, and $1,700 for students enrolled in an | 8741 |
institution operating on a semester system. | 8742 |
FAMILY PRACTICE, GERIATRIC MEDICINE, AND PRIMARY CARE | 8743 |
RESIDENCIES | 8744 |
The Board of Regents shall develop plans consistent with | 8745 |
existing criteria and guidelines as may be required for the | 8746 |
distribution of appropriation items 235-519, Family Practice, | 8747 |
235-525, Geriatric Medicine, and 235-526, Primary Care | 8748 |
Residencies. | 8749 |
SHAWNEE STATE SUPPLEMENT | 8750 |
The foregoing appropriation item 235-520, Shawnee State | 8751 |
Supplement, shall be used by Shawnee State University as detailed | 8752 |
by both of the following: | 8753 |
(A) To allow Shawnee State University to keep its | 8754 |
undergraduate fees below the statewide average, consistent with | 8755 |
its mission of service to an economically depressed Appalachian | 8756 |
region; | 8757 |
(B) To allow Shawnee State University to employ new faculty | 8758 |
to develop and teach in new degree programs that meet the needs of | 8759 |
Appalachians. | 8760 |
POLICE AND FIRE PROTECTION | 8761 |
The foregoing appropriation item 235-524, Police and Fire | 8762 |
Protection, shall be used for police and fire services in the | 8763 |
municipalities of Kent, Athens, Oxford, Fairborn, Bowling Green, | 8764 |
Portsmouth, Xenia Township (Greene County), Rootstown Township, | 8765 |
and the City of Nelsonville that may be used to assist these local | 8766 |
governments in providing police and fire protection for the | 8767 |
central campus of the state-affiliated university located therein. | 8768 |
Each participating municipality and township shall receive at | 8769 |
least $5,000 each year. Funds shall be distributed according to | 8770 |
the methodology employed by the Board of Regents in the previous | 8771 |
biennium. | 8772 |
PRIMARY CARE RESIDENCIES | 8773 |
The foregoing appropriation item 235-526, Primary Care | 8774 |
Residencies, shall be distributed in each fiscal year of the | 8775 |
biennium, based on whether or not the institution has submitted | 8776 |
and gained approval for a plan. If the institution does not have | 8777 |
an approved plan, it shall receive five per cent less funding per | 8778 |
student than it would have received from its annual allocation. | 8779 |
The remaining funding shall be distributed among those | 8780 |
institutions that meet or exceed their targets. | 8781 |
OHIO AEROSPACE INSTITUTE | 8782 |
The foregoing appropriation item 235-527, Ohio Aerospace | 8783 |
Institute, shall be distributed by the Board of Regents under | 8784 |
section 3333.042 of the Revised Code. | 8785 |
ACADEMIC SCHOLARSHIPS | 8786 |
The foregoing appropriation item 235-530, Academic | 8787 |
Scholarships, shall be used to provide academic scholarships to | 8788 |
students under section 3333.22 of the Revised Code. | 8789 |
STUDENT CHOICE GRANTS | 8790 |
The foregoing appropriation item 235-531, Student Choice | 8791 |
Grants, shall be used to support the Student Choice Grant Program | 8792 |
created by section 3333.27 of the Revised Code. The unencumbered | 8793 |
balance of appropriation item 235-531, Student Choice Grants, at | 8794 |
the end of fiscal year 2004 shall be transferred to fiscal year | 8795 |
2005 for use under the same appropriation item to maintain grant | 8796 |
award amounts in fiscal year 2005 equal to the awards provided in | 8797 |
fiscal year 2004. The amounts transferred are hereby appropriated. | 8798 |
STUDENT WORKFORCE DEVELOPMENT GRANTS | 8799 |
The foregoing appropriation item 235-534, Student Workforce | 8800 |
Development Grants, shall be used to support the Student Workforce | 8801 |
Development Grant Program. Of the appropriated funds available, | 8802 |
the Board of Regents shall distribute grants to each eligible | 8803 |
student in an academic year. The size of each grant award shall be | 8804 |
determined by the Board of Regents based on the amount of funds | 8805 |
available for the program. | 8806 |
OHIO AGRICULTURAL RESEARCH AND DEVELOPMENT CENTER | 8807 |
The foregoing appropriation item 235-535, Ohio Agricultural | 8808 |
Research and Development Center, shall be disbursed through the | 8809 |
Board of Regents to The Ohio State University in monthly payments, | 8810 |
unless otherwise determined by the Director of Budget and | 8811 |
Management pursuant to section 126.09 of the Revised Code. The | 8812 |
Ohio Agricultural Research and Development Center shall not be | 8813 |
required to remit payment to The Ohio State University during the | 8814 |
2003-2005 biennium for cost reallocation assessments. The cost | 8815 |
reallocation assessments include, but are not limited to, any | 8816 |
assessment on state appropriations to the center. The Ohio | 8817 |
Agricultural Research and Development Center, in conjunction with | 8818 |
the Third Frontier Commission, shall provide for an independently | 8819 |
evaluated self-study of research excellence and commercial | 8820 |
relevance in a manner to be prescribed by the Third Frontier | 8821 |
Commission. | 8822 |
Of the foregoing appropriation item 235-535, Ohio | 8823 |
Agricultural Research and Development Center, $470,164 in fiscal | 8824 |
year 2004 and $458,410 in fiscal year 2005 shall be used to | 8825 |
purchase equipment. | 8826 |
Of the foregoing appropriation item 235-535, Ohio | 8827 |
Agricultural Research and Development Center, $827,141 in fiscal | 8828 |
year 2004 and $806,463 in fiscal year 2005 shall be distributed to | 8829 |
the Piketon Agricultural Research and Extension Center. | 8830 |
Of the foregoing appropriation item 235-535, Ohio | 8831 |
Agricultural Research and Development Center, $217,669 in fiscal | 8832 |
year 2004 and $212,227 in fiscal year 2005 shall be distributed to | 8833 |
the Raspberry/Strawberry-Ellagic Acid Research program at The Ohio | 8834 |
State University Medical College in cooperation with The Ohio | 8835 |
State University College of Agriculture. | 8836 |
Of the foregoing appropriation item 235-535, Ohio | 8837 |
Agricultural Research and Development Center, $43,534 in fiscal | 8838 |
year 2004 and $42,445 in fiscal year 2005 shall be used to support | 8839 |
the Ohio Berry Administrator. | 8840 |
Of the foregoing appropriation item 235-535, Ohio | 8841 |
Agricultural Research and Development Center, $87,067 in fiscal | 8842 |
year 2004 and $84,890 in fiscal year 2005 shall be used for the | 8843 |
development of agricultural crops and products not currently in | 8844 |
widespread production in Ohio, in order to increase the income and | 8845 |
viability of family farmers. | 8846 |
STATE UNIVERSITY CLINICAL TEACHING | 8847 |
The foregoing appropriation items 235-536, The Ohio State | 8848 |
University Clinical Teaching; 235-537, University of Cincinnati | 8849 |
Clinical Teaching; 235-538, Medical | 8850 |
Toledo Clinical Teaching; 235-539, Wright State University | 8851 |
Clinical Teaching; 235-540, Ohio University Clinical Teaching; and | 8852 |
235-541, Northeastern Ohio Universities College of Medicine | 8853 |
Clinical Teaching, shall be distributed through the Board of | 8854 |
Regents. | 8855 |
Of the foregoing appropriation item 235-539, Wright State | 8856 |
University Clinical Teaching, $124,644 in each fiscal year of the | 8857 |
biennium shall be for the use of Wright State University's Ellis | 8858 |
Institute for Clinical Teaching Studies to operate the clinical | 8859 |
facility to serve the Greater Dayton area. | 8860 |
SCHOOL OF INTERNATIONAL BUSINESS | 8861 |
Of the foregoing appropriation item 235-547, School of | 8862 |
International Business, $901,975 in fiscal year 2004 and $879,426 | 8863 |
in fiscal year 2005 shall be used for the continued development | 8864 |
and support of the School of International Business of the state | 8865 |
universities of northeast Ohio. The money shall go to the | 8866 |
University of Akron. These funds shall be used by the university | 8867 |
to establish a School of International Business located at the | 8868 |
University of Akron. It may confer with Kent State University, | 8869 |
Youngstown State University, and Cleveland State University as to | 8870 |
the curriculum and other matters regarding the school. | 8871 |
Of the foregoing appropriation item 235-547, School of | 8872 |
International Business, $181,318 in fiscal year 2004 and $176,785 | 8873 |
in fiscal year 2005 shall be used by the University of Toledo | 8874 |
College of Business for expansion of its international business | 8875 |
programs. | 8876 |
Of the foregoing appropriation item 235-547, School of | 8877 |
International Business, $181,318 in fiscal year 2004 and $176,785 | 8878 |
in fiscal year 2005 shall be used to support The Ohio State | 8879 |
University BioMEMS program. | 8880 |
PART-TIME STUDENT INSTRUCTIONAL GRANTS | 8881 |
The foregoing appropriation item 235-549, Part-time Student | 8882 |
Instructional Grants, shall be used to support a grant program for | 8883 |
part-time undergraduate students who are Ohio residents and who | 8884 |
are enrolled in degree granting programs. | 8885 |
Eligibility for participation in the program shall include | 8886 |
degree granting educational institutions that hold a certificate | 8887 |
of registration from the State Board of Career Colleges and | 8888 |
Schools, and nonprofit institutions that have a certificate of | 8889 |
authorization issued pursuant to Chapter 1713. of the Revised | 8890 |
Code, as well as state-assisted colleges and universities. Grants | 8891 |
shall be given to students on the basis of need, as determined by | 8892 |
the college, which, in making these determinations, shall give | 8893 |
special consideration to single-parent heads-of-household and | 8894 |
displaced homemakers who enroll in an educational degree program | 8895 |
that prepares the individual for a career. In determining need, | 8896 |
the college also shall consider the availability of educational | 8897 |
assistance from a student's employer. It is the intent of the | 8898 |
General Assembly that these grants not supplant such assistance. | 8899 |
Section 37.05. That existing Sections 89, 89.04, and 89.08 of | 8900 |
Am. Sub. H.B. 95 of the 125th General Assembly, as amended by Am. | 8901 |
Sub. S.B. 189 of the 125th General Assembly, are hereby repealed. | 8902 |
Section 38.01. Notwithstanding sections 101.02 and 101.27 of | 8903 |
the Revised Code, the term of office of the members of the Senate | 8904 |
elected majority floor leader, assistant majority floor leader, | 8905 |
and assistant majority whip shall be deemed to begin on the | 8906 |
effective date of this section. Each such member shall receive, | 8907 |
during the remainder of calendar year 2005, salary payments equal | 8908 |
to the amounts paid under section 101.27 of the Revised Code to | 8909 |
the members of the House of Representatives elected majority floor | 8910 |
leader, assistant majority floor leader, and assistant majority | 8911 |
whip, respectively, during the remainder of calendar year 2005. | 8912 |
For calendar year 2006, they shall receive an annual salary that | 8913 |
is equal to the annual salary prescribed under section 101.27 of | 8914 |
the Revised Code for the members of the House of Representatives | 8915 |
elected majority floor leader, assistant majority floor leader, | 8916 |
and assistant majority whip, respectively. | 8917 |
This section is not subject to the referendum. Therefore, | 8918 |
under Ohio Constitution, Article II, Section 1d and section 1.471 | 8919 |
of the Revised Code, this section goes into immediate effect when | 8920 |
this act becomes law. | 8921 |
Section 39.01. Sections 151.01, 154.01, 154.02, 154.07, | 8922 |
154.23, 3383.02, and 3383.07 of the Revised Code, as amended or | 8923 |
enacted by this act, and Sections 39.02, 39.03, and 39.04 of this | 8924 |
act take effect on July 1, 2005. | 8925 |
Section 39.02. (A) All with respect to bonds of the state | 8926 |
previously authorized and issued by the Treasurer of State to | 8927 |
finance all or a portion of the costs of local subdivision capital | 8928 |
improvement projects as provided for in Sections 2k and 2m of | 8929 |
Article VIII, Ohio Constitution, and Chapter 151. of the Revised | 8930 |
Code, including particularly Sections 151.01, 151.02, and 151.08 | 8931 |
thereof, and prior authorizations in Chapter 164. of the Revised | 8932 |
Code (referred to in this section as "superseded matters"), on the | 8933 |
effective date of this section: | 8934 |
(1) The Ohio Public Facilities Commission shall succeed to | 8935 |
and have and perform all the duties, powers, obligations, and | 8936 |
functions, and have all the rights, of the Treasurer of State or | 8937 |
that officer's employees as provided in or pursuant to orders | 8938 |
relating to those bonds and those bonds themselves. All | 8939 |
appropriations previously made to or for the purposes of the | 8940 |
performance of those duties, powers, obligations, and functions | 8941 |
and exercise of those rights, to the extent of remaining | 8942 |
unexpended or unencumbered balances, are hereby transferred to and | 8943 |
made available for use and expenditure by the Commission for | 8944 |
purposes of performing the same duties, powers, obligations, and | 8945 |
functions and exercising the same rights for which originally | 8946 |
appropriated or reappropriated. | 8947 |
(2) All related agreements and covenants of the Treasurer of | 8948 |
State and the basic instruments and bonds, shall be and be | 8949 |
considered as agreements and covenants of and binding upon the | 8950 |
Commission. | 8951 |
(3) The transfer and supersession provided for in this act | 8952 |
does not affect the validity of any agreement or covenant, or | 8953 |
resolution or order, or bonds, or related documents, authorized, | 8954 |
entered into or issued by the Treasurer of State under the | 8955 |
superseded matters, and nothing in this section or in the | 8956 |
amendment by this act of division (A)(7) of section 151.01 of the | 8957 |
Revised Code shall be applied or be considered as impairing their | 8958 |
validity or the obligations or rights under them. | 8959 |
(4) All basic instruments, documents, books, papers and | 8960 |
records of the Treasurer of State relating to those outstanding | 8961 |
bonds shall be transferred to the Commission. | 8962 |
(5) Whenever the Treasurer of State, or any of that officer's | 8963 |
employees or authorized representatives, is referred to in any | 8964 |
contract or other document relating to those outstanding bonds, | 8965 |
the reference shall be considered to be to the Commission or its | 8966 |
appropriate officers. | 8967 |
(B) The amendment in Section 1 of this act to division (A)(7) | 8968 |
of section 151.01 of the Revised Code applies to any proceedings | 8969 |
commenced after its effective date and, so far as its provisions | 8970 |
support the actions taken, also applies to any proceedings that on | 8971 |
its effective date are pending, in progress, or completed, and to | 8972 |
the securities authorized or issued or obligations entered into | 8973 |
under or pursuant to those proceedings, notwithstanding the | 8974 |
applicable law previously in effect or any provision to the | 8975 |
contrary in a prior resolution, order, notice, or other | 8976 |
proceeding. Any proceedings pending or in progress on the | 8977 |
effective date of the amendment, and securities sold, issued, and | 8978 |
delivered, or obligations entered into under or pursuant to those | 8979 |
proceedings, shall be deemed to have been taken, and authorized, | 8980 |
sold, issued, delivered, and entered into, in conformity with the | 8981 |
amendment. The provisions of the Revised Code so amended by this | 8982 |
act shall, except as otherwise provided in division (A) of this | 8983 |
section, be deemed to remain applicable to securities issued or | 8984 |
obligations entered into under or pursuant to or in reliance on | 8985 |
them prior to the effective date of the amendment. | 8986 |
Section 39.03. (A) Except as otherwise provided in section | 8987 |
154.23 of the Revised Code, as enacted by this act, with respect | 8988 |
to the functions of the Ohio Public Facilities Commission, the | 8989 |
Treasurer of State shall, on the effective date of this section | 8990 |
and as provided for in this section, supersede and replace the | 8991 |
Ohio Building Authority (referred to in this section as the | 8992 |
"Authority") as the issuing authority in all matters relating to | 8993 |
the issuance of obligations for the financing of Ohio cultural | 8994 |
facilities and Ohio sports facilities, as those terms are defined | 8995 |
in section 3383.01 of the Revised Code, for housing branches and | 8996 |
agencies of state government (all referred to in this section as | 8997 |
"cutural and sports capital purposes") as provided for in section | 8998 |
154.23 of the Revised Code, as enacted by this act (all referred | 8999 |
to in this section as "superseded matters". | 9000 |
(B)(1) With respect to superseded matters and cultural and | 9001 |
sports capital purposes, the Treasurer of State shall: | 9002 |
(a) Succeed to and have and perform all of the duties, | 9003 |
powers, obligations, and functions of the Authority and its | 9004 |
members and officers provided for by law or rule relating to the | 9005 |
issuance of bonds, notes, or other obligations for the purpose of | 9006 |
paying costs of cultural and sports capital purposes; | 9007 |
(b) Succeed to and have and perform all of the duties, | 9008 |
powers, obligations, and functions, and have all of the rights, of | 9009 |
the Authority and its members and officers provided for in or | 9010 |
pursuant to resolutions, rules, agreements, trust agreements, and | 9011 |
supplemental trust agreements (all referred to collectively in | 9012 |
this section as "basic instruments"), and bonds, notes, and other | 9013 |
obligations (all referred to collectively in this section as | 9014 |
"financing obligations"), previously authorized, entered into, or | 9015 |
issued by the Authority for cultural and sports capital purposes, | 9016 |
which financing obligations shall be, and shall be deemed to be, | 9017 |
obligations issued by and of the Treasurer of State; | 9018 |
(c) Be bound by all agreements and covenants of the | 9019 |
Authority, and basic instruments, relating to financing | 9020 |
obligations. | 9021 |
(2) The transfer of superseded matters to the Treasurer of | 9022 |
State pursuant to this section does not affect the validity of any | 9023 |
agreement or covenant, basic instrument, or financing obligation, | 9024 |
or any related document, authorized, entered into, or issued by | 9025 |
the Authority under Chapter 152. of the Revised Code or other | 9026 |
laws, and nothing in this section shall be applied or considered | 9027 |
as impairing the obligations or rights under them. | 9028 |
(3) The Treasurer of State shall not issue any additional | 9029 |
financing obligations pursuant to any basic instrument of the | 9030 |
Authority, including financing obligations to refund financing | 9031 |
obligations previously issued by the Authority. | 9032 |
(C) With respect to proceedings relating to superseded | 9033 |
matters affected by this section: | 9034 |
(1) This section applies to any proceedings that are | 9035 |
commenced after the effective date of this section, and to any | 9036 |
proceedings that are pending, in progress, or completed on that | 9037 |
date, notwithstanding the applicable law previously in effect or | 9038 |
any provision to the contrary in a prior basic instrument, notice, | 9039 |
or other proceeding. | 9040 |
(2) Any proceedings of the Authority that are pending on the | 9041 |
effective date of this section shall be pursued and completed by | 9042 |
and in the name of the Treasurer of State, and any financing | 9043 |
obligations that are sold, issued, and delivered pursuant to those | 9044 |
proceedings shall be deemed to have been authorized, sold, issued, | 9045 |
and delivered in conformity with this section. | 9046 |
(3) Notwithstanding division (C)(1) and (2) of this section, | 9047 |
the Authority may, subsequent to the effective date of this | 9048 |
section, meet for the purpose of better accomplishing the transfer | 9049 |
of superseded matters. At any such meeting the Authority may take | 9050 |
necessary or appropriate actions to effect an orderly transition | 9051 |
relating to the issuance of financing obligations, such that all | 9052 |
duties, powers, obligations, and functions of the Authority and | 9053 |
its members and officers with respect to the superseded matters or | 9054 |
under any leases and agreements between the Authority and the Ohio | 9055 |
Cultural Facilities Commission shall terminate and be of no | 9056 |
further force and effect as to the Authority. | 9057 |
(D) The Authority shall prepare any necessary amendments of | 9058 |
or supplements to documents or basic instruments pertaining to the | 9059 |
duties, powers, obligations, functions, and rights relating to | 9060 |
superseded matters to which the Treasurer of State succeeds | 9061 |
pursuant to this section. The authorization by the Authority in | 9062 |
its basic instruments relating to superseded matters for its | 9063 |
officers to act in any manner on behalf of the Authority shall, on | 9064 |
and after the effective date of this section, be authorization for | 9065 |
the Treasurer of State, or the Treasurer of State's staff or | 9066 |
employees to whom the Treasurer of State may delegate the | 9067 |
function, to act in the circumstances, without necessity for | 9068 |
amendment of or supplement to any such documents or basic | 9069 |
instruments. | 9070 |
(E) No pending judicial or administrative action or | 9071 |
proceeding in which the Authority, or its members or officers as | 9072 |
such, are a party that pertains to superseded matters shall be | 9073 |
affected by their transfer, but shall be prosecuted or defended in | 9074 |
the name of the Treasurer of State and in any such action or | 9075 |
proceeding the Treasurer of State, upon application to the court, | 9076 |
shall be substituted as a party. | 9077 |
(F) In connection with the duties, powers, obligations, | 9078 |
functions, and rights relating to superseded matters and provided | 9079 |
for in this section, on the effective date of this section: | 9080 |
(1) Copies of all basic instruments, documents, books, | 9081 |
papers, and records of the Authority shall be transferred to the | 9082 |
Treasurer of State upon request, without necessity for assignment, | 9083 |
conveyance, or other action by the Authority. | 9084 |
(2) All appropriations previously made to or for the | 9085 |
Authority for the purposes of the performance of the duties, | 9086 |
powers, obligations, functions, and exercise of rights relating to | 9087 |
superseded matters, to the extent of remaining unexpended or | 9088 |
unencumbered balances, are hereby transferred to and made | 9089 |
available for use and expenditure by the Treasurer of State for | 9090 |
performing the same duties, powers, obligations, and functions and | 9091 |
exercising the same rights for which originally appropriated, and | 9092 |
payments for administrative expenses previously incurred in | 9093 |
connection with them shall be made from the applicable | 9094 |
administrative service fund on vouchers approved by the Treasurer | 9095 |
of State. | 9096 |
(3) All leases and agreements between the Authority and the | 9097 |
Ohio Cultural Facilities Commission made under Chapter 152. of the | 9098 |
Revised Code shall, and shall be considered to, continue to bind | 9099 |
the Ohio Cultural Facilities Commission. Nothing in this act shall | 9100 |
be considered as impairing the obligations of the Ohio Cultural | 9101 |
Facilities Commission under those leases and agreements. | 9102 |
(4) Any lease, grant, or conveyance made to the Authority | 9103 |
pursuant to section 152.06 of the Revised Code shall be, and shall | 9104 |
be deemed to be, made to the Ohio Public Facilities Commission | 9105 |
pursuant to section 154.16 of the Revised Code, and the Ohio | 9106 |
Public Facilities Commission shall succeed to and have and perform | 9107 |
all of the duties, powers, obligations, and functions, and have | 9108 |
all of the rights, of the Authority and its members and officers | 9109 |
provided for in or pursuant to that lease, grant, or conveyance. | 9110 |
(G) Whenever the Authority, or any of its members or | 9111 |
officers, is referred to in any contract or other document | 9112 |
relating to those outstanding financing obligations, the reference | 9113 |
shall be considered to be, as applicable, to the Ohio Public | 9114 |
Facilities Commission or its appropriate officers or to the | 9115 |
Treasurer of State or the appropriate staff of the Treasurer of | 9116 |
State. | 9117 |
Section 39.04. (A) Sections 154.01, 154.02, 154.07, 154.23, | 9118 |
3383.02, and 3383.07 of the Revised Code, as amended or enacted by | 9119 |
this act, apply to any proceedings commenced after the effective | 9120 |
date of this section and, so far as their provisions support the | 9121 |
actions taken, also apply to any proceedings that are pending, in | 9122 |
progress, or completed on that date, and to the securities | 9123 |
authorized or issued or obligations entered into under or pursuant | 9124 |
to those proceedings, notwithstanding the applicable law | 9125 |
previously in effect or any provision to the contrary in a prior | 9126 |
resolution, order, notice, or other proceeding. Any proceedings | 9127 |
pending or in progress on the effective date of this section, and | 9128 |
securities sold, issued, and delivered, or obligations entered | 9129 |
into under or pursuant to those proceedings, shall be deemed to | 9130 |
have been taken, and authorized, sold, issued, delivered, and | 9131 |
entered into, in conformity with those sections, as amended or | 9132 |
enacted by this act. | 9133 |
(B) Sections 154.01, 154.02, 154.07, 3383.02, and 3383.07 of | 9134 |
the Revised Code shall, except as otherwise provided in division | 9135 |
(A) of this section, be deemed to remain applicable to securities | 9136 |
issued or obligations entered into under, pursuant to, or in | 9137 |
reliance on those sections, as they existed prior to the effective | 9138 |
date of this section, or Chapter 152. of the Revised Code. | 9139 |
Section 40.01. (A) As used in this section, "eligible county" | 9140 |
means a county that has a population of less than sixty-four | 9141 |
thousand according to the most recent federal decennial census. | 9142 |
(B) Notwithstanding section 321.261 of the Revised Code, if, | 9143 |
within sixty days after the effective date of this section, the | 9144 |
county treasurer and the county prosecuting attorney of an | 9145 |
eligible county that has a balance in its delinquent tax and | 9146 |
assessment collection fund greater than six hundred fifty thousand | 9147 |
dollars determine that not all of the money in the fund is needed | 9148 |
by them for the purposes of collecting delinquent taxes and | 9149 |
assessments, they shall notify the board of county commissioners | 9150 |
of that determination, in writing. Upon receiving the notice, and | 9151 |
after consulting with the legislative authority of each taxing | 9152 |
unit in the eligible county, the board of county commissioners may | 9153 |
adopt a resolution directing the county auditor to distribute | 9154 |
money in the fund to each of the taxing units in the eligible | 9155 |
county. The total amount of money distributed by an eligible | 9156 |
county under a resolution adopted under this section shall not | 9157 |
exceed the total amount of money credited to the eligible county's | 9158 |
delinquent tax and assessment collection fund during calendar | 9159 |
years 2001, 2002, 2003, and 2004. Moneys distributed to taxing | 9160 |
units under a resolution adopted under this section shall be | 9161 |
distributed among the taxing units in the eligible county in the | 9162 |
same proportions and amounts as if levied and collected as taxes. | 9163 |
This section provides for or is essential to the | 9164 |
implementation of a tax levy. Therefore, under Ohio Constitution, | 9165 |
Article II, Section 1d, this section is not subject to the | 9166 |
referendum and goes into immediate effect when this act becomes | 9167 |
law. | 9168 |
Section 41.01. The amendment by this act of sections 5709.61, | 9169 |
5709.62, and 5709.632 of the Revised Code shall not affect any | 9170 |
area in a city designated as an urban cluster in a rural | 9171 |
statistical area that was certified by the Director of Development | 9172 |
as an enterprise zone, if the Director certified such area as a | 9173 |
zone on or after June 26, 2003, but before the effective date of | 9174 |
this section. For an enterprise zone that meets the requirements | 9175 |
of this section, the legislative authority of a city designated as | 9176 |
an urban cluster in a rural statistical area may enter into | 9177 |
agreements with enterprises in accordance with section 5709.62 or | 9178 |
5709.632 of the Revised Code. On and after the effective date of | 9179 |
this section, no legislative authority of a city designated as an | 9180 |
urban cluster in a rural statistical area may designate one or | 9181 |
more areas within the city as proposed enterprise zones. | 9182 |
Section 42.01. If any item of law that constitutes the whole | 9183 |
or part of a codified or uncodified section of law contained in | 9184 |
this act, or if any application of any item of law that | 9185 |
constitutes the whole or part of a codified or uncodified section | 9186 |
of law contained in this act, is held invalid, the invalidity does | 9187 |
not affect other items of law or applications of items of law that | 9188 |
can be given effect without the invalid item of law or | 9189 |
application. To this end, the items of law of which the codified | 9190 |
and uncodified sections contained in this act are composed, and | 9191 |
their applications, are independent and severable. | 9192 |
Section 43.01. Except as otherwise specifically provided in | 9193 |
this act, the amendment or enactment by this act of codified and | 9194 |
uncodified sections of law, and the items of which the amendments | 9195 |
and enactments are composed, are subject to the referendum. | 9196 |
Therefore, under Ohio Constitution, Article II, Section 1c and | 9197 |
section 1.471 of the Revised Code, the amendments and enactments, | 9198 |
and the items of which they are composed, except as otherwise | 9199 |
specifically provided in this act, take effect on the ninety-first | 9200 |
day after this act is filed with the Secretary of State. If, | 9201 |
however, a referendum petition is filed against an amendment or | 9202 |
enactment, or against an item it contains, the amendment or | 9203 |
enactment, or item, unless rejected at the referendum, takes | 9204 |
effect at the earliest time permitted by law. | 9205 |
Section 44.01. The enactment by this act of section 3301.21 | 9206 |
of the Revised Code, and the items of which the section is composed, are not subject to the referendum. Therefore, under Ohio | 9208 |
Constitution, Article II, Section 1d and section 1.471 of the | 9209 |
Revised Code, the section, and the items of which it is composed, | 9210 |
go into immediate effect when this act becomes law. | 9211 |
Section 45.01. Section 151.01 of the Revised Code is | 9212 |
presented in this act as a composite of the section as amended by | 9213 |
both Sub. H.B. 522 and H.B. 675 of the 124th General Assembly. The | 9214 |
General Assembly, applying the principle stated in division (B) of | 9215 |
section 1.52 of the Revised Code that amendments are to be | 9216 |
harmonized if reasonably capable of simultaneous operation, finds | 9217 |
that the composite is the resulting version of the section in | 9218 |
effect prior to the effective date of the section as presented in | 9219 |
this act. | 9220 |