Representative Calvert
A BILL
To amend sections 3.21, 3.23, 5.10, 9.37, 101.15, 101.34, 101.72, 101.83, 101.92, 107.40, 121.62, 126.11, 131.02, 133.021, 151.01, 151.09, 151.10, 151.40, 152.09, 152.18, 152.19, 152.21, 152.24, 152.242, 152.26, 169.13, 333.02, 333.04, 340.03, 340.09, 340.12, 715.70, 715.81, 1520.02, 2301.02, 2305.26, 2329.07, 2701.06, 3317.013, 3317.022, 3317.029, 3317.0217, 3317.03, 3383.01, 3383.07, 3706.01, 3770.05, 3770.073, 4121.121, 4503.068, 4728.03, 4763.03, 4763.05, 4763.06, 4919.76, 5107.12, 5111.88, 5115.06, 5119.071, 5120.03, 5123.08, 5139.02, 5502.62, 5537.01, 5537.02, 5537.03, 5537.10, 5537.17, 5537.24, 5537.26, 5537.27, 5537.28, 5701.11, 5709.87, 5727.84, 5741.101, 5751.011, 5910.03, and 5919.31; to enact sections 184.191, 3318.101, and 5713.051 of the Revised Code; to amend Section 206.09.84 of Am. Sub. H.B. 66 of the 126th General Assembly, as subsequently amended, and to amend Section 206.09.84 of Am. Sub. H.B. 66 of the 126th General Assembly, for the purpose of codifying it as section 3310.41 of the Revised Code; to amend Sections 203.12.06, 203.24, 203.57, 203.81, 206.33, 206.66.06, 209.54, 209.63.30, and 209.93 of Am. Sub. H.B. 66 of the 126th General Assembly; and to amend Sections 203.27, 209.63, and 212.30 of Am. Sub. H.B. 66 of the 126th General Assembly, as subsequently amended; and to amend Section 243.10 of Am. Sub. H.B. 530 of the 126th General Assembly; and to amend the version of section 5502.62 of the Revised Code that is scheduled to take effect April 1, 2007, to make capital and other appropriations and to provide authorization and conditions for the operation of state programs.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 101.01. That sections 3.21, 3.23, 5.10, 9.37, 101.15, 101.34, 101.72, 101.83, 101.92, 107.40, 121.62, 126.11, 131.02, 133.021, 151.01, 151.09, 151.10, 151.40, 152.09, 152.18, 152.19, 152.21, 152.24, 152.242, 152.26, 169.13, 333.02, 333.04, 340.03, 340.09, 340.12, 715.70, 715.81, 1520.02, 2301.02, 2305.26, 2329.07, 2701.06, 3317.013, 3317.022, 3317.029, 3317.0217, 3317.03, 3383.01, 3383.07, 3706.01, 3770.05, 3770.073, 4121.121, 4503.068, 4728.03, 4763.03, 4763.05, 4763.06, 4919.76, 5107.12, 5111.88, 5115.06, 5119.071, 5120.03, 5123.08, 5139.02, 5502.62, 5537.01, 5537.02, 5537.03, 5537.10, 5537.17, 5537.24, 5537.26, 5537.27, 5537.28, 5701.11, 5709.87, 5727.84, 5741.101, 5751.011, 5910.03, and 5919.31 be amended; that Section 206.09.84 of Am. Sub. H.B. 66 of the 126th General Assembly, as amended by Am. Sub. H.B. 530 of the 126th General Assembly, be amended and that Section 206.09.84 of Am. Sub. H.B. 66 of the 126th General Assembly, as amended by Am. Sub. H.B. 530 of the 126th General Assembly, be amended for the purpose of codifying it as section 3310.41 of the Revised Code and sections 184.191, 3318.101, and 5713.051 of the Revised Code be enacted to read as follows:
Sec. 3.21. A Subject to any section of the Revised Code that prescribes the form of an oath, a person may be sworn in any form he the person
deems binding on his the person's
conscience.
Sec. 3.23. The oath of office of each judge of a court of record shall be to
support the constitution of the United States and the constitution of this
state, to administer justice without respect to persons, and faithfully and
impartially to discharge and perform all the duties incumbent on him
the person as such
judge, according to the best of his the person's ability and
understanding. The oath of
office of every other officer, deputy, or clerk shall be to support the
constitution of the United States and the constitution of this state, and
faithfully to discharge the duties of his the office.
Except for justices of the supreme court as provided in section 2701.05 of the Revised Code, each judge of a court of record shall take the oath of office on or before the first day of the judge's official term. The judge shall transmit a certificate of oath, signed by the person administering the oath, to the clerk of the respective court and shall transmit a copy of the certificate of oath to the supreme court. The certificate of oath shall state the term of office for that judge, including the beginning and ending dates of that term. If the certificate of oath is not transmitted to the clerk of the court within twenty days from the first day of the judge's official term, the judge is deemed to have refused to accept the office, and that office shall be considered vacant. The clerk of the court forthwith shall certify that fact to the governor and the governor shall fill the vacancy.
The oath of office of a judge under this section shall be taken in a form that is substantially similar to the following:
"I, (name), do solemnly swear that I will support the Constitution of the United States and the Constitution of Ohio, will administer justice without respect to persons, and will faithfully and impartially discharge and perform all of the duties incumbent upon me as (name of office) according to the best of my ability and understanding. [This I do as I shall answer unto God.]"
Sec. 5.10. All official seals shall have engraved thereon
the coat of arms of the state, as described in section 5.04 of
the Revised Code.
The great seal of the state shall be two and one-half
inches in diameter and shall consist of the coat of arms of the
state within a circle having a diameter of one and three-fourths
inches, surrounded by the words "THE GREAT SEAL OF THE STATE OF
OHIO" in news gothic capitals. The great seal of the state shall
correspond substantially with the following design:
The design of the great seal shall not be reproduced,
except as required by any provision of the Ohio Constitution and
the Revised Code, unless permission to do so is first obtained
from the governor. The governor may authorize reproduction of
the design of the great seal when the purpose is to:
(A) Permit publication of a reproduction of the great seal
of the state of Ohio;
(B) Aid educational or historical programs;
(C) Promote the economic or cultural development of the
state in a manner deemed appropriate by the governor.
A permanent record shall be kept in the governor's office
of each permit to reproduce the design of the great seal.
No person shall use or permit to be used any reproduction
or facsimile of the great seal or a counterfeit or nonofficial
version of the great seal for any purpose not authorized by the
governor.
The seal of the supreme court shall consist of the coat of
arms of the state within a circle one and three-fourths one-half inches in
diameter and shall be surrounded by the words "THE SUPREME COURT
OF THE STATE OF OHIO."
The seal of each court of appeals, court of common pleas,
and probate court shall consist of the coat of arms of the state
within a circle one and one-fourth inches in diameter, and each
seal shall be surrounded by the words "COURT OF APPEALS,
................ County, Ohio"; "COMMON PLEAS COURT, ................
County, Ohio"; or "PROBATE COURT, ................ County, Ohio."
(Insert the name of the proper county.)
The seals of all other courts of record shall be of the
same size as the seal of the court of common pleas, and each
shall be surrounded by the proper name of the court.
The seal of the secretary of state shall consist of the
coat of arms of the state within a circle one and one-fourth
inches in diameter and shall be surrounded by the words "THE SEAL
OF THE SECRETARY OF STATE OF OHIO."
The seal of the auditor of state shall consist of the coat
of arms of the state within a circle of one and one-fourth inches
in diameter, and shall be surrounded by the words "THE SEAL OF
THE AUDITOR OF STATE OF OHIO."
The seal of the treasurer of state shall consist of the
coat of arms of the state within a circle one and one-fourth
inches in diameter, and shall be surrounded by the words "THE SEAL OF THE
TREASURER OF STATE OF OHIO."
The seal of the lieutenant governor shall consist of the
coat of arms of the state within a circle one and one-fourth
inches in diameter and shall be surrounded by the words "THE SEAL
OF THE LIEUTENANT GOVERNOR OF STATE OF OHIO."
The seal of the attorney general shall consist of the coat
of arms of the state within a circle one and one-fourth inches in
diameter and shall be surrounded by the words "THE SEAL OF THE
ATTORNEY GENERAL OF STATE OF OHIO."
The seal of each benevolent institution shall consist of
the coat of arms of the state within a circle one and one-fourth
inches in diameter and shall be surrounded by the proper name of
the institution.
The seals of all other state, county, and municipal
agencies, divisions, boards and commissions shall consist of the
coat of arms of the state within a circle one and one-fourth
inches in diameter and shall be surrounded by the proper name of
the office.
All seals mentioned in this section shall contain the words
and devices mentioned in this section and no other.
Sec. 9.37. (A) As used in this section, "public official"
means any elected or appointed officer, employee, or agent of the
state, any state institution of higher education, any political
subdivision, board, commission, bureau, or other public body
established by law. "State institution of higher education"
means any state university or college as defined in division
(A)(1) of section 3345.12 of the Revised Code, community college,
state community college, university branch, or technical college.
(B) Except as provided in division (F) of this
section, any public official may make by direct deposit of
funds by electronic transfer, if the payee provides a written
authorization designating a financial institution and an account
number to which the payment is to be credited, any payment such
public official is permitted or required by law in the
performance of official duties to make by issuing a check or
warrant.
(C) Such public official may contract with a financial
institution for the services necessary to make direct deposits
and draw lump-sum checks or warrants payable to that institution
in the amount of the payments to be transferred.
(D) Before making any direct deposit as authorized under
this section, the public official shall ascertain that the
account from which the payment is to be made contains sufficient
funds to cover the amount of the payment.
(E) If the issuance of checks and warrants by a public
official requires authorization by a governing board, commission,
bureau, or other public body having jurisdiction over the public
official, the public official may only make direct deposits and
contracts under this section pursuant to a resolution of
authorization duly adopted by such governing board, commission,
bureau, or other public body.
(F) Pursuant to sections 307.55, 319.16, and 321.15 of the Revised Code, a
county auditor may issue, and a county treasurer may redeem, electronic
warrants authorizing direct deposit for
payment of county obligations in accordance with rules adopted by the auditor
director of state budget and management pursuant to section 117.20 Chapter 119. of the Revised Code.
Sec. 101.15. (A) As used in this section:
(1) "Caucus" means all of the members of either house of
the
general assembly who are members of the same political party or members of a committee of the house of representatives who are members of the same political party.
(2) "Committee" means any committee of either house of the
general assembly, a joint committee of both houses of the general
assembly, including a committee of conference, or a subcommittee
of any committee listed in division (A)(2) of this section.
(3) "Meeting" means any prearranged discussion of the
public
business of a committee by a majority of its members.
(B) Except as otherwise provided in division (F) of this
section, all meetings of any committee are declared to be public
meetings open to the public at all times. The secretary assigned
to the chairperson of the committee shall prepare, file, and
maintain the minutes of every regular or special meeting of a
committee. The committee, at its next regular or special
meeting,
shall approve the minutes prepared, filed, and
maintained by the
secretary, or, if the minutes prepared, filed,
and maintained by
the secretary require correction before their
approval, the
committee shall correct and approve the minutes at
the next
following regular or special meeting. The committee
shall make
the minutes available for public inspection not later
than seven
days after the meeting the minutes reflect or not
later than the
committee's next regular or special meeting,
whichever occurs
first.
(C) Each committee shall establish
a reasonable
method
whereby any person may determine the time and place of all
regularly scheduled meetings and the time, place, and purpose of
all special meetings. No committee shall hold a regular or
special meeting unless it gives at least twenty-four hours'
advance notice to the news media that have requested
notification.
The
method established by each committee shall provide
that,
upon request and payment of a
reasonable fee, any person may
obtain reasonable advance
notification of all meetings at which
any specific type of public
business will be discussed.
Provisions
for advance notification
may include, but are not
limited to,
mailing the agenda of
meetings to all subscribers on a
mailing
list or mailing notices
in self-addressed stamped
envelopes
provided by the person who
desires advance notification.
(D) Any action of a committee relating to a bill or
resolution, or any other formal action of a committee, is invalid
unless taken in an open meeting of the committee. Any action of
a
committee relating to a bill or resolution, or any other formal
action of a committee, taken in an open meeting is invalid if it
results from deliberations in a meeting not open to the public.
(E)(1) Any person may bring an action to enforce this
section. An action under this division shall be brought within
two years after the date of the alleged violation or threatened
violation. Upon proof of a violation or threatened violation of
this section in an action brought by any person, the court of
common pleas shall issue an injunction to compel the members of
the committee to comply with its provisions.
(2)(a) If the court of common pleas issues an injunction
under division (E)(1) of this section, the court shall order the
committee that it enjoins to pay a civil forfeiture of five
hundred dollars to the party that sought the injunction and shall
award to that party all court costs and, subject to reduction as
described in this division, reasonable attorney's fees. The
court, in its discretion, may reduce an award of attorney's fees
to the party that sought the injunction or not award attorney's
fees to that party if the court determines both of the following:
(i) That, based on the ordinary application of statutory
law
and case law as it existed at the time of the violation or
threatened violation that was the basis of the injunction, a
well-informed committee reasonably would believe that the
committee was not violating or threatening to violate this
section;
(ii) That a well-informed committee reasonably would
believe
that the conduct or threatened conduct that was the basis
of the
injunction would serve the public policy that underlies
the
authority that is asserted as permitting that conduct or
threatened conduct.
(b) If the court of common pleas does not issue an
injunction under division (E)(1) of this section and the court
determines at that time that the bringing of the action was
frivolous conduct as defined in division (A) of section 2323.51
of
the Revised Code, the court shall award to the committee all
court
costs and reasonable attorney's fees, as determined by the
court.
(3) Irreparable harm and prejudice to the party that
sought
the injunction shall be conclusively and irrebuttably
presumed
upon proof of a violation or threatened violation of
this section.
(4) A member of a committee who knowingly violates an
injunction issued under division (E)(1) of this section may be
removed from office by an action brought in the court of common
pleas for that purpose by the prosecuting attorney of Franklin
county or by the attorney general.
(5) The remedies described in divisions (E)(1) to (4) of
this section shall be the exclusive remedies for a violation of
this section.
(F) This section does not apply to or affect either of the
following:
(1) All meetings of the joint legislative ethics committee
created under section 101.34 of the Revised Code other than a
meeting that is held for any of the following purposes:
(a) To consider the adoption, amendment, or recission rescission of
any
rule that the joint legislative ethics committee is
authorized to
adopt pursuant to division (B)(11) of section
101.34, division (E)
of section 101.78, division (B) of section
102.02, or division (E)
of section 121.68 of the Revised Code;
(b) To discuss and consider changes to any administrative
operation of the joint legislative ethics committee other than
any
matter described in division (G) of section 121.22 of the
Revised
Code;
(c) To discuss pending or proposed legislation.
(2) Meetings of a caucus.
(G) For purposes of division (F)(1)(a) of this section, an
advisory opinion, written opinion, or decision relative to a
complaint is not a rule.
Sec. 101.34. (A) There is hereby created a joint
legislative ethics committee to serve the general assembly. The
committee shall be composed of twelve members, six each from the
two major political parties, and each member shall serve on the
committee during the member's term as a member of that
general
assembly. Six members of the committee shall be members of the
house
of representatives appointed by the speaker of the house of
representatives, not more than three from the same political
party, and six members of the committee shall be members of the
senate appointed by the president of the senate, not more than
three from the same political party. A vacancy in the committee
shall be filled for the unexpired term in the same manner as an
original appointment. The members of the committee shall be
appointed within fifteen days after the first day of the first
regular session of each general assembly and the committee shall
meet and proceed to recommend an ethics code not later than
thirty
days after the first day of the first regular session of
each
general assembly.
In the first regular session of each general assembly, the
speaker of the house of representatives shall appoint the
chairperson of the committee from among the house
members of the
committee, and the president of the senate shall appoint the
vice-chairperson of the committee from among the
senate members of
the committee. In the second regular session of each general
assembly, the president of the senate shall appoint the
chairperson of the committee from among the senate members of the
committee, and the speaker of the house of representatives shall
appoint the
vice-chairperson of the committee from among the
house
members of the committee. The chairperson,
vice-chairperson, and
members of the
committee shall serve until their respective
successors are
appointed or until they are no longer members of
the general
assembly.
The committee shall meet at the call of the
chairperson or
upon the written request of seven members of the committee.
(B) The joint legislative ethics committee:
(1) Shall recommend a code of ethics that is consistent
with law to govern all members and employees of each house of the
general assembly and all candidates for the office of member of
each house;
(2) May receive and hear any complaint that alleges a
breach of any privilege of either house, or misconduct of any
member, employee, or candidate, or any violation of the
appropriate code of ethics;
(3) May obtain information with respect to any complaint
filed pursuant to this section and to that end may enforce the
attendance and testimony of witnesses, and the production of
books
and papers;
(4) May recommend whatever sanction is appropriate with
respect to a particular member, employee, or candidate as will
best maintain in the minds of the public a good opinion of the
conduct and character of members and employees of the general
assembly;
(5) May recommend legislation to the general assembly
relating to the conduct and ethics of members and employees of
and
candidates for the general assembly;
(6) Shall employ an executive director for the committee
and
may employ other staff as the committee determines
necessary
to assist it in exercising its powers and duties. The
executive
director and staff of the committee shall be known as
the office
of legislative inspector general. At least one member
of the
staff of the committee shall be an attorney at law
licensed to
practice law in this state. The appointment and
removal of the
executive director shall require the approval of
at least eight
members of the committee.
(7) May employ a special counsel to assist the committee
in
exercising its powers and duties. The appointment and removal
of
a special counsel shall require the approval of at least eight
members of the committee.
(8) Shall act as an advisory body to the general assembly
and to individual members, candidates, and employees on questions
relating to
ethics, possible conflicts of interest, and financial
disclosure;
(9) Shall provide for the proper forms on which a
statement required pursuant to section 102.02 or 102.021 of the Revised Code
shall be filed and instructions as to the filing of the
statement;
(10) Exercise the powers and duties prescribed under
sections 101.70 to 101.79, sections 101.90 to 101.98, Chapter 102., and sections 121.60 to 121.69 of the Revised
Code;
(11) Adopt, in accordance with section 111.15 of the
Revised
Code, any rules that are necessary to implement and
clarify Chapter
102. and sections 2921.42 and 2921.43 of the
Revised Code.
(C) There is hereby created in the state treasury the
joint
legislative ethics committee fund. All money collected from registration fees and late filing fees prescribed under sections 101.72, 101.92, and 121.62 of the Revised Code shall be deposited into the state treasury to the credit of the fund. Money credited to the
fund
and any interest
and earnings from the fund shall be used
solely
for the operation
of the joint legislative ethics committee
and
the office of
legislative inspector general and for the
purchase
of data storage
and computerization facilities for the
statements
filed with the
committee under sections 101.73,
101.74, 101.93, 101.94,
121.63, and 121.64
of the Revised Code.
(D) The chairperson of the joint legislative ethics committee shall issue
a
written report, not later than the thirty-first day of January of
each year, to the speaker and minority leader of the house of
representatives and to the president and minority leader of the
senate that lists the number of committee meetings and
investigations the committee conducted during the immediately
preceding calendar year and the number of advisory opinions it
issued during the immediately preceding calendar year.
(E) Any investigative report that contains facts and
findings regarding a complaint filed with the joint legislative ethics committee and that
is prepared by the staff of the committee or a special counsel to
the committee shall become a public record upon its acceptance by
a vote of the majority of the members of the committee, except
for
any names of specific individuals and entities contained in
the
report. If the committee recommends disciplinary action or
reports its findings to the appropriate prosecuting authority for
proceedings in prosecution of the violations alleged in the
complaint, the investigatory report regarding the complaint shall
become a public record in its entirety.
(F)(1) Any file obtained by or in the possession of the
former
house ethics committee or former senate ethics committee
shall become the
property of the joint legislative ethics
committee. Any such file is
confidential if either of the
following applies:
(a) It is confidential under section 102.06 of the Revised
Code or the
legislative code of ethics.
(b) If the file was obtained from the former house ethics
committee or from the former senate ethics committee, it was
confidential
under any statute or any provision of a code of
ethics that governed the file.
(2) As used in this division, "file" includes, but is not
limited to,
evidence, documentation, or any other tangible thing.
Sec. 101.72. (A) Each legislative agent and employer,
within ten days following an engagement of a legislative agent,
shall file with the joint legislative ethics committee an
initial
registration statement showing all of the following:
(1) The name, business address, and occupation of the
legislative agent;
(2) The name and business address of the employer and the
real party in interest on whose behalf the legislative agent is
actively advocating, if it is different from the employer. For
the purposes of division (A) of this section, where a trade
association or other charitable or fraternal organization that is
exempt from federal income taxation under subsection 501(c) of
the
federal Internal Revenue Code is the employer, the statement
need
not list the names and addresses of each member of the
association
or organization, so long as the association or
organization itself
is listed.
(3) A brief description of the type of legislation to
which
the engagement relates.
(B) In addition to the initial registration statement
required by division (A) of this section, each legislative agent
and employer shall file with the joint committee, not later than
the last day
of January, May, and
September of each year, an
updated registration statement that
confirms the continuing
existence of each engagement described in
an initial registration
statement and that lists the specific
bills or resolutions on
which the agent actively advocated under
that engagement during
the period covered by the updated
statement, and with it any
statement of expenditures required to
be filed by section 101.73
of the Revised Code and any details of
financial transactions
required to be filed by section 101.74 of
the Revised Code.
(C) If a legislative agent is engaged by more than one
employer, the agent shall file a separate initial and updated
registration statement for each engagement. If an employer
engages more than one legislative agent, the employer need file
only one updated registration statement under division (B) of
this
section, which shall contain the information required by
division
(B) of this section regarding all of the legislative
agents
engaged by the employer.
(D)(1) A change in any information required by division
(A)(1), (2), or (B) of this section shall be reflected in the
next
updated registration statement filed under division (B) of
this
section.
(2) Within thirty days after the termination of an
engagement, the legislative agent who was employed under the
engagement shall send written notification of the termination to
the joint committee.
(E) Except as otherwise provided in this division, a
registration fee of twenty-five
dollars shall be charged for filing an
initial
registration statement.
All money collected from
registration
fees under this division and late filing fees
under
division (G) of this section shall
be
deposited into the general revenue fund of the state treasury to the credit of the joint legislative ethics committee fund created under section 101.34 of the Revised Code.
An officer or employee of a
state agency who actively
advocates in a fiduciary capacity as a
representative of
that
state agency need not pay the registration fee prescribed by this
division
or file expenditure statements under section 101.73 of
the Revised Code. As
used in this division, "state agency" does
not include a state institution of
higher education as defined in
section 3345.011 of
the Revised Code.
(F) Upon registration pursuant to division (A) of this
section, the legislative agent shall be issued a card by the
joint
committee showing that the legislative agent is registered.
The
registration card and the legislative agent's registration shall
be valid
from the date of their issuance until the next
thirty-first day of December of
an even-numbered year.
(G) The executive director of the joint committee shall be
responsible for reviewing each registration statement filed with
the joint committee under this section and for determining
whether
the statement contains all of the information required by
this
section. If the joint committee determines that the
registration
statement does not contain all of the required
information or that
a legislative agent or employer has failed to
file a registration
statement, the joint committee shall send
written notification by
certified mail to the person who filed
the registration statement
regarding the deficiency in the
statement or to the person who
failed to file the registration
statement regarding the failure.
Any person so notified by the
joint committee shall, not later
than fifteen days after
receiving the notice, file a registration
statement or an amended
registration statement that does contain
all of the information
required by this section. If any person
who receives a notice
under this division fails to file a
registration statement or
such an amended registration statement
within this fifteen-day
period, the joint committee shall
assess
a late filing fee equal to twelve dollars and fifty cents per day,
up to a maximum of one hundred dollars, upon that person. The
joint committee may waive the late filing fee for good cause
shown.
(H) On or before the fifteenth day of March of each year,
the joint committee shall, in the manner and form that it
determines, publish a report containing statistical information
on
the registration statements filed with it under this section
during the preceding year.
Sec. 101.83. (A) An agency in existence on January 1,
2005, shall expire on December 31, 2010,
unless the agency is
renewed in accordance with division (D) of this
section and, if so
renewed, shall expire thereafter on the thirty-first
day
of
December of the
fourth year after the year in which it was most
recently renewed
unless the agency is renewed in accordance with
division (D) of
this section. An agency created after January 1,
2005,
that is
created on the thirty-first day of December shall
expire not
later than four years after its creation, unless the
agency is
renewed in accordance with
division (D) of this section.
An agency created
after January 1, 2005, that is created on any
other date
shall be
considered for the purpose of this section to
have been created
on the preceding thirty-first day of December,
and the agency
shall expire
not later than four years after the
date it was considered to
have been created, unless the agency is
renewed in accordance with
division (D) of this section. Any act
creating or renewing an
agency shall
contain a distinct section
providing a specific expiration date
for the agency in accordance
with this division.
(B) If the general assembly does not renew or transfer an
agency on or before its expiration date, it shall expire on that
date.
The auditor director of state budget and management shall not authorize the expenditure of
any moneys for any agency on or after the date of its expiration.
(C) The general assembly may provide by law for the
orderly,
efficient, and expeditious conclusion of an agency's
business and
operation. The rules, orders, licenses, contracts,
and other
actions made, taken, granted, or performed by the
agency shall
continue in effect according to their terms
notwithstanding the
agency's abolition, unless the general
assembly provides otherwise
by law. The general assembly may
provide by law for the temporary
or permanent transfer of some or
all of a terminated or
transferred agency's functions and
personnel to a successor agency
or officer.
The abolition, termination, or transfer of an agency shall
not cause the termination or dismissal of any claim pending
against the agency by any person, or any claim pending against
any
person by the agency. Unless the general assembly provides
otherwise by law for the substitution of parties, the
attorney
general shall succeed the agency with reference to any pending
claim.
(D) An agency may be renewed by passage of a bill
that
continues the statutes creating and empowering
the agency, that
amends or repeals those statutes, or
that enacts new statutes,
to
improve agency usefulness, performance, or effectiveness.
Sec. 101.92. (A) Each retirement system lobbyist and each
employer shall file with the joint legislative ethics committee, within ten
days following the engagement of a retirement system lobbyist, an initial registration statement showing all of
the following:
(1) The name, business address, and occupation of the
retirement system lobbyist;
(2) The name and business address of the employer or of
the real party in interest on whose behalf the retirement system
lobbyist is acting, if it is different from the employer. For
the purposes of division (A) of this section, where a trade
association or other charitable or fraternal organization that is
exempt from federal income taxation under subsection 501(c) of
the federal Internal Revenue Code is the employer, the statement
need not list the names and addresses of every member of the
association or organization, so long as the association or
organization itself is listed.
(3) A brief description of the retirement system decision
to which the engagement relates;
(4) The name of the retirement system or systems to which
the engagement relates.
(B) In addition to the initial registration statement
required by division (A) of this section, each retirement system
lobbyist and employer shall file with the joint committee, not
later than the last day of January, May, and September of each
year, an updated registration statement that confirms the
continuing existence of each engagement described in an initial
registration statement and that lists the specific retirement system decisions that the lobbyist sought to influence under the
engagement during the period covered by the updated statement,
and with it any statement of expenditures required to be filed by
section 101.93 of the Revised Code and any details of financial
transactions required to be filed by section 101.94 of the
Revised Code.
(C) If a retirement system lobbyist is engaged by more
than one employer, the lobbyist shall file a separate initial and
updated registration statement for each engagement. If an
employer engages more than one retirement system lobbyist, the
employer need file only one updated registration statement under
division (B) of this section, which shall contain the information
required by division (B) of this section regarding all of the
retirement system lobbyists engaged by the employer.
(D)(1) A change in any information required by division
(A)(1), (2), or (B) of this section shall be reflected in the
next updated registration statement filed under division (B) of
this section.
(2) Within thirty days following the termination of an
engagement, the executive agency retirement system lobbyist who was employed under
the engagement shall send written notification of the termination
to the joint committee.
(E) A registration fee of twenty-five dollars shall be charged for filing an initial
registration statement. All money collected from this fee registration fees under this division and late filing fees under division (G) of this section shall be deposited
into the general revenue fund of the state treasury to the credit of the joint legislative ethics committee fund created under section 101.34 of the Revised Code.
(F) Upon registration pursuant to this section, a retirement system lobbyist shall be issued a card by the joint
committee showing that the lobbyist is registered. The
registration card and the retirement system lobbyist's registration shall be
valid from the date of their issuance until the thirty-first day of January of
the year following the
year in which the initial registration was filed.
(G) The executive director of the joint committee shall be
responsible for reviewing each registration statement filed with
the joint committee under this section and for determining
whether the statement contains all of the required information.
If the joint committee determines that the registration statement
does not contain all of the required information or that a retirement system lobbyist or employer has failed to file a
registration statement, the joint committee shall send written
notification by certified mail to the person who filed the
registration statement regarding the deficiency in the statement
or to the person who failed to file the registration statement
regarding the failure. Any person so notified by the joint
committee shall, not later than fifteen days after receiving the
notice, file a registration statement or an amended registration
statement that contains all of the required information. If any
person who receives a notice under this division fails to file a
registration statement or such an amended registration statement
within this fifteen-day period, the joint committee shall assess a late filing fee equal to twelve dollars and fifty cents per day, up to a maximum fee of one hundred dollars, upon that person. The joint committee may waive the late filing fee for good cause shown.
(H) On or before the fifteenth day of March of each year,
the joint committee shall, in the manner and form that it
determines, publish a report containing statistical information
on the registration statements filed with it under this section
during the preceding year.
(I) If an employer who engages a retirement system
lobbyist is the recipient of a contract, grant, lease, or other
financial arrangement pursuant to which funds of the state or of
a retirement system are distributed or allocated, the executive
agency or any aggrieved party may consider the failure of the
employer or the retirement system lobbyist to comply with this
section as a breach of a material condition of the contract,
grant, lease, or other financial arrangement.
(J) Retirement system officials may require certification
from any person seeking the award of a contract, grant, lease, or
financial arrangement that the person and the person's
employer are in
compliance with this section.
Sec. 107.40. (A) There is hereby created the
governor's residence advisory commission. The commission shall
provide for the preservation, restoration, acquisition, and
conservation of all decorations, objects of art, chandeliers,
china, silver, statues, paintings, furnishings, accouterments,
and other aesthetic materials that have been acquired, donated,
loaned, or otherwise obtained by the state for the governor's
residence and that have been approved by the commission. In addition, the commission shall provide for the maintenance of plants that have been acquired, donated, loaned, or otherwise obtained by the state for the governor's residence and that have been approved by the commission.
(B) The commission shall
be responsible for the care, provision, repair, and placement of
furnishings and other objects and accessories of the grounds and
public areas of the first story of the governor's residence and for the care and placement of plants on the grounds. In
exercising this responsibility, the commission shall preserve
and seek to further establish both all of the following:
(1) The authentic ambiance and decor
of the historic era during which the governor's residence was
constructed;
(2) The grounds as a representation of Ohio's natural ecosystems;
(3) The heritage garden for all of the following purposes:
(a) To preserve, sustain, and encourage the use of native flora throughout the state;
(b) To replicate the state's physiographic regions, plant communities, and natural landscapes;
(c) To serve as an educational garden that demonstrates the artistic, industrial, political, horticultural, and geologic history of the state through the use of plants;
(d) To serve as a reservoir of rare species of plants from the physiographic regions of the state.
These duties shall not affect the obligation of
the department of administrative services to provide for the
general maintenance and operating expenses of the governor's
residence.
(C) The commission shall
consist of eleven members. One member shall be the director of
administrative services or the director's designee, who shall
serve during the director's term of office and shall serve as
chairperson. One member shall be the director of the
Ohio historical society or the
director's designee, who shall serve during the director's term
of office and shall serve as vice-chairperson. One
member shall
represent the Columbus
landmarks foundation. One member shall represent the
Bexley historical society. One member shall be the mayor of the city of Bexley, who shall serve during the mayor's term of office. One member shall be the chief executive officer of the Franklin park conservatory joint recreation district, who shall serve during the term of employment as chief executive officer. The
remaining five members shall be appointed by the governor with
the advice and consent of the senate. The five members appointed by the
governor shall be persons with knowledge of
Ohio history, architecture,
decorative arts, or historic preservation, and one of those members shall have knowledge of landscape architecture, garden design, horticulture, and plants native to this state.
(D) Of the initial appointees, the representative of the
Columbus landmarks foundation shall serve for a term expiring
December 31, 1996, and the representative of the Bexley
historical society shall serve for a term expiring
December 31, 1997. Of the five
members appointed by the governor, three shall serve for terms
ending December 31, 1998, and two shall serve for terms ending December 31,
1999. Thereafter, each term shall be for four years, commencing on the first
day of January and ending on the last day of December. The member having knowledge of landscape architecture, garden design, horticulture, and plants native to this state initially shall be appointed upon the first vacancy on the commission occurring on or after the effective date of this amendment June 30, 2006.
Each
member shall hold office from the date of the member's
appointment until the end of the term for which the member was
appointed. Any member appointed to fill a vacancy occurring
prior to the end of the term for which the member's predecessor
was appointed shall hold office for the remainder of the term.
Any member shall continue in office subsequent to the expiration
of the term until the member's successor takes office.
(E) Six members of the
commission constitute a quorum, and the affirmative vote of six
members is required for approval of any action by the
commission.
(F) After each initial
member of the commission has been appointed, the commission
shall meet and select one member as secretary and another as
treasurer. Organizational meetings of the commission shall be
held at the time and place designated by call of the
chairperson.
Meetings of the commission may be held anywhere in the state and
shall be in compliance with
Chapters 121. and 149. of the Revised Code. The commission may
adopt, pursuant to section 111.15 of the
Revised Code, rules necessary to carry
out the purposes of this section.
(G) Members of the
commission shall serve without remuneration, but shall be
compensated for actual and necessary expenses incurred in the
performance of their official duties.
(H) All expenses
incurred in carrying out this section are payable solely from
money accrued under this section or appropriated for these
purposes by the general assembly, and the commission shall incur
no liability or obligation beyond such money.
(I) The commission may
accept any donation, gift, bequest, or devise for the governor's residence or as an endowment for the maintenance and care of the garden on the grounds of the governor's residence in furtherance of
its duties. Any revenue received by the commission shall be
deposited into the governor's residence fund, which is hereby
established in the state treasury, for use by the commission in
accordance with the performance of its duties. All investment
earnings of the fund shall be credited to the fund. Title to
all property acquired by the commission shall be taken in the
name of the state and shall be held for the use and benefit of
the commission.
(J) Nothing in this
section limits the ability of a person or other entity to
purchase decorations, objects of art, chandeliers, china,
silver, statues, paintings, furnishings, accouterments, plants, or other
aesthetic materials for placement in the governor's residence or on the grounds of the governor's residence or
donation to the commission. No such object or plant, however, shall be
placed on the grounds or public areas of the first story of the
governor's residence without the consent of the commission.
(K) The heritage garden established under this section shall be officially known as "the heritage garden at the Ohio governor's residence."
(L) As used in this section, "heritage garden" means the botanical garden of native plants established at the governor's residence.
Sec. 121.62. (A) Each executive agency lobbyist and each
employer shall file with the joint legislative ethics committee, within ten
days following the engagement of an executive
agency lobbyist, an initial registration statement showing all of
the following:
(1) The name, business address, and occupation of the
executive agency lobbyist;
(2) The name and business address of the employer or of
the real party in interest on whose behalf the executive agency
lobbyist is acting, if it is different from the employer. For
the purposes of division (A) of this section, where a trade
association or other charitable or fraternal organization that is
exempt from federal income taxation under subsection 501(c) of
the federal Internal Revenue Code is the employer, the statement
need not list the names and addresses of every member of the
association or organization, so long as the association or
organization itself is listed.
(3) A brief description of the executive agency decision
to which the engagement relates;
(4) The name of the executive agency or agencies to which
the engagement relates.
(B) In addition to the initial registration statement
required by division (A) of this section, each executive agency
lobbyist and employer shall file with the joint committee, not
later than the last day of January, May, and September of each
year, an updated registration statement that confirms the
continuing existence of each engagement described in an initial
registration statement and that lists the specific executive
agency decisions that the lobbyist sought to influence under the
engagement during the period covered by the updated statement,
and with it any statement of expenditures required to be filed by
section 121.63 of the Revised Code and any details of financial
transactions required to be filed by section 121.64 of the
Revised Code.
(C) If an executive agency lobbyist is engaged by more
than one employer, the lobbyist shall file a separate initial and
updated registration statement for each engagement. If an
employer engages more than one executive agency lobbyist, the
employer need file only one updated registration statement under
division (B) of this section, which shall contain the information
required by division (B) of this section regarding all of the
executive agency lobbyists engaged by the employer.
(D)(1) A change in any information required by division
(A)(1), (2), or (B) of this section shall be reflected in the
next updated registration statement filed under division (B) of
this section.
(2) Within thirty days following the termination of an
engagement, the executive agency lobbyist who was employed under
the engagement shall send written notification of the termination
to the joint committee.
(E) A registration fee of twenty-five dollars shall be charged for filing an initial
registration statement. All money collected from this fee registration fees under this division and late filing fees under division (G) of this section shall be deposited
into the general revenue fund of the state treasury to the credit of the joint legislative ethics committee fund created under section 101.34 of the Revised Code.
(F) Upon registration pursuant to this section, an
executive agency lobbyist shall be issued a card by the joint
committee showing that the lobbyist is registered. The
registration card and the executive agency lobbyist's registration shall be
valid from the date of their issuance until the thirty-first day of January of
the year following the
year in which the initial registration was filed.
(G) The executive director of the joint committee shall be
responsible for reviewing each registration statement filed with
the joint committee under this section and for determining
whether the statement contains all of the required information.
If the joint committee determines that the registration statement
does not contain all of the required information or that an
executive agency lobbyist or employer has failed to file a
registration statement, the joint committee shall send written
notification by certified mail to the person who filed the
registration statement regarding the deficiency in the statement
or to the person who failed to file the registration statement
regarding the failure. Any person so notified by the joint
committee shall, not later than fifteen days after receiving the
notice, file a registration statement or an amended registration
statement that contains all of the required information. If any
person who receives a notice under this division fails to file a
registration statement or such an amended registration statement
within this fifteen-day period, the joint committee shall assess a late filing fee equal to twelve dollars and fifty cents per day, up to a maximum fee of one hundred dollars, upon that person. The joint committee may waive the late filing fee for good cause shown.
(H) On or before the fifteenth day of March of each year,
the joint committee shall, in the manner and form that it
determines, publish a report containing statistical information
on the registration statements filed with it under this section
during the preceding year.
(I) If an employer who engages an executive agency
lobbyist is the recipient of a contract, grant, lease, or other
financial arrangement pursuant to which funds of the state or of
an executive agency are distributed or allocated, the executive
agency or any aggrieved party may consider the failure of the
employer or the executive agency lobbyist to comply with this
section as a breach of a material condition of the contract,
grant, lease, or other financial arrangement.
(J) Executive agency officials may require certification
from any person seeking the award of a contract, grant, lease, or
financial arrangement that the person and the person's
employer are in
compliance with this section.
Sec. 126.11. (A)(1) The director of budget and management
shall, upon consultation with
the treasurer of state, coordinate
and approve the scheduling of
initial sales of publicly
offered
securities of the state and of
publicly
offered fractionalized
interests in or securitized issues of public
obligations of the
state. The
director shall from time to time develop and
distribute to
state issuers an approved sale schedule for each of
the obligations covered by division (A) or (B) of this section.
Division (A) of this section
applies
only to
those obligations on
which the state or a
state agency is
the direct obligor or obligor
on any backup
security or related
credit enhancement facility or
source of money
subject to state
appropriations that is intended
for payment of
those obligations.
(2) The issuers of obligations pursuant to section 151.03,
151.04, 151.05,
151.07, 151.08, or 151.09 or Chapter 152. or 5537. of the
Revised
Code shall submit to the director:
(a) For review and approval: the projected sale date,
amount, and
type of obligations proposed to be sold; their
purpose, security, and source
of payment; the proposed
structure and maturity
schedule; the trust agreement and any supplemental agreements; and any credit enhancement facilities or interest rate hedges for the obligations;
(b) For review and comment: the authorizing order or
resolution;
preliminary and final offering documents; method of
sale; preliminary and
final pricing information; and any written
reports or
recommendations of financial advisors or consultants
relating to
those obligations;
(c) Promptly after each sale of those obligations: final
terms,
including sale price, maturity schedule and yields, and
sources and uses;
names of the original purchasers or
underwriters; a copy
of the final offering document and of the
transcript of
proceedings; and any other pertinent information
requested by the
director.
(3) The issuer of obligations pursuant to section 151.06 or 151.40 or
Chapter 154. of the Revised
Code
shall
submit to the director:
(a) For review and mutual agreement: the projected
sale
date,
amount, and
type of obligations proposed to be sold; their
purpose, security, and source
of payment; the proposed
structure and maturity
schedule; the trust agreement and any supplemental agreements; and any credit enhancement facilities or interest rate hedges for the obligations;
(b) For review and comment: the authorizing order or
resolution;
preliminary and final offering documents; method of
sale; preliminary and
final pricing information; and any written
reports or
recommendations of financial advisors or consultants
relating to
those obligations;
(c) Promptly after each sale of those obligations: final
terms,
including sale price, maturity schedule and yields, and
sources and uses;
names of the original purchasers or
underwriters; a copy
of the final offering document and of the
transcript of
proceedings; and any other pertinent information
requested by the
director.
(4) The issuers of obligations pursuant to Chapter 166.,
4981.,
5540., or 6121., or section 5531.10, of the Revised Code
shall submit to the director:
(a) For review and comment: the projected sale date, amount,
and
type of obligations proposed to be sold; the purpose,
security, and
source of payment; and preliminary and final
offering documents;
(b) Promptly after each sale of those obligations: final
terms,
including a maturity schedule; names of the original
purchasers or
underwriters; a copy of the complete continuing
disclosure agreement pursuant to S.E.C. rule
15c2-12 or equivalent
rule as from time to time in effect;
and any other pertinent
information requested by the director.
(5) Not later than thirty days after
the end of a fiscal
year, each issuer of obligations subject to divisions (A)
and (B)
of this section shall submit to the director and to the treasurer
of
state a sale
plan for the then current fiscal year for each
type of obligation,
projecting the amount and term of each
issuance, the method of sale, and
the month of sale.
(B) Issuers of obligations
pursuant to section 3318.085 or
Chapter
175., 3366., 3706., 3737., 5537., 6121., or
6123.
of
the Revised Code
shall submit to the director
copies of
the
preliminary and final offering documents upon their
availability
if not previously submitted pursuant to division (A)
of this
section.
(C) Not later than the first day of January of each year,
every
state agency obligated to make payments on outstanding
public
obligations with respect to which fractionalized interests
have been publicly
issued, such as certificates of participation,
shall submit a
report to the director of the amounts payable from
state
appropriations under those public obligations during the
then current and next two fiscal years, identifying the
appropriation or intended appropriation from which payment is
expected to be made.
(D)(1) Information relating generally to the
historic,
current, or future demographics or economy or financial
condition
or funds or general operations of the state, and
descriptions of
any state contractual obligations relating to public
obligations,
to be contained in any offering
document, continuing disclosure
document, or written
presentation prepared, approved, or provided,
or committed to be provided, by an issuer in
connection with the
original issuance and sale of, or rating,
remarketing, or credit
enhancement facilities relating to, public
obligations
referred to
in division (A) of this section shall be approved as
to format and
accuracy by the director before
being presented, published, or
disseminated in preliminary, draft, or final form, or publicly
filed in
paper, electronic, or other format.
(2) Except for
information described in division (D)(1) of
this section that is
to be contained in an offering document,
continuing disclosure document, or
written presentation,
division
(D)(1) of this section does not inhibit direct
communication
between an issuer and a rating agency, remarketing
agent, or
credit enhancement provider concerning an issuance of public
obligations referred to in division (A) of this section or matters
associated with that issuance.
(3) The materials approved and provided pursuant to
division
(D)
of this section are the information relating to the particular
subjects
provided by the state or state agencies that are required
or contemplated by
any applicable
state or federal securities laws
and any commitments by the state
or state agencies made under
those laws. Reliance for the purpose
should not be placed on any
other information publicly provided,
in any format including
electronic, by any state agency for other
purposes, including
general information provided to the public or
to portions of the
public. A statement to that effect shall be
included in those
materials so approved or provided.
(E) Issuers of obligations
referred to in division (A) of
this section may take
steps, by formal agreement, covenants in the
proceedings, or otherwise, as may
be necessary or appropriate to
comply or permit compliance with applicable
lawful disclosure
requirements relating to those obligations, and may,
subject to
division (D) of this section, provide,
make available, or file
copies of any required
disclosure materials as necessary or
appropriate. Any such formal agreement or covenant relating to
subjects referred to in division (D) of this section, and any
description of that
agreement or covenant to be contained in any
offering document, shall be approved by the
director before being
entered into
or published or publicly disseminated in preliminary,
draft, or final
form or publicly filed
in paper, electronic, or
other format. The director shall be
responsible for making all
filings in compliance with those requirements
relating to direct
obligations of the state, including fractionalized
interests in
those obligations.
(F) No state agency or official shall, without the
approval
of the director
of budget and management, do either of the
following:
(1) Enter into or commit to enter into a public obligation
under which fractionalized interests in the payments are
to be
publicly offered, which payments are
anticipated to be made from
money from any source
appropriated or to be appropriated by the
general assembly or in which the
provision stated in section 9.94
of the Revised Code is not included;
(2) Except as otherwise expressly authorized for the purpose
by law, agree
or commit to provide, from money from any source to
be appropriated in
the future by the
general assembly, financial
assistance to or participation in the costs
of capital
facilities,
or the payment of debt charges, directly or by way of a
credit
enhancement facility, a reserve, rental payments, or
otherwise, on
obligations issued to pay costs
of capital facilities.
(G) As used in this section, "interest rate hedge" has the same meaning as in section 9.98 of the Revised Code; "credit enhancement
facilities," "debt charges," "fractionalized
interests in public
obligations," "obligor," "public issuer," and "securities"
have
the same meanings as in section 133.01 of the Revised Code;
"public
obligation" has the same meaning as in division (GG)(2) of
section 133.01 of
the Revised Code; "obligations" means securities
or
public obligations or fractionalized interests in them;
"issuers"
means issuers of securities or state obligors on
public
obligations; "offering document" means an official
statement,
offering circular, private placement memorandum, or
prospectus, or
similar document; and "director" means the director
of budget and
management or the employee of the office of budget
and management
designated by the director for the purpose.
Sec. 131.02. (A) Except as otherwise provided in section 4123.37 and division (J) of section 4123.511 of the Revised Code, whenever any amount is payable to the state,
the officer, employee, or agent responsible for administering the
law under which the amount is payable shall immediately proceed
to
collect the amount or cause the amount to be collected and
shall
pay the amount into the state treasury or into the appropriate custodial fund in the manner set
forth
pursuant to section 113.08 of the Revised Code. Except as otherwise provided in this division, if the
amount is
not paid within forty-five days after payment is due,
the officer,
employee, or agent shall certify the amount due to
the attorney
general, in the form and manner prescribed by the
attorney
general, and notify the director of budget and
management thereof. In the case of an amount payable by a student enrolled in a state institution of higher education, the amount shall be certified within the later of forty-five days after the amount is due or the tenth day after the beginning of the next academic semester, quarter, or other session following the session for which the payment is payable. The attorney general may assess the collection cost to the amount certified in such manner and amount as prescribed by the attorney general.
For the purposes of this section, the attorney general and the officer, employee, or agent responsible for administering the law under which the amount is payable shall agree on the time a payment is due, and that agreed upon time shall be one of the following times:
(1) If a law, including an administrative rule, of this state prescribes the time a payment is required to be made or reported, when the payment is required by that law to be paid or reported.
(2) If the payment is for services rendered, when the rendering of the services is completed.
(3) If the payment is reimbursement for a loss, when the loss is incurred.
(4) In the case of a fine or penalty for which a law or administrative rule does not prescribe a time for payment, when the fine or penalty is first assessed.
(5) If the payment arises from a legal finding, judgment, or adjudication order, when the finding, judgment, or order is rendered or issued.
(6) If the payment arises from an overpayment of money by the state to another person, when the overpayment is discovered.
(7) The date on which the amount for which an individual is personally liable under section 5735.35, section 5739.33, or division (G) of section 5747.07 of the Revised Code is determined.
(8) Upon proof of claim being filed in a bankruptcy case.
(9) Any other appropriate time determined by the attorney general and the officer, employee, or agent responsible for administering the law under which the amount is payable on the basis of statutory requirements or ordinary business processes of the state agency to which the payment is owed.
(B)(1) The attorney general shall give immediate notice by
mail
or
otherwise to the party indebted of the nature and amount
of the
indebtedness.
(2) If the amount payable to this state arises from a
tax
levied under Chapter 5733., 5739., 5741., 5747., or 5751. of the
Revised
Code, the notice also shall specify all of the following:
(a) The assessment or case number;
(b) The tax pursuant to which the assessment is made;
(c) The reason for the liability, including, if
applicable,
that a penalty or interest is due;
(d) An explanation of how and when interest will be added
to
the amount assessed;
(e) That the attorney general and tax commissioner,
acting
together, have
the authority, but are not required, to
compromise
the
claim and accept payment over a reasonable
time, if such
actions are in the
best interest of the state.
(C) The attorney general shall collect the claim or secure a
judgment and issue an execution for its collection.
(D) Each claim shall bear interest, from the day on which
the
claim became due, at the
rate per annum
required by section 5703.47 of the Revised Code.
(E) The attorney general and the chief officer of the agency
reporting a claim, acting together, may do any of the
following if such action is in the best interests of the state:
(1) Compromise the claim;
(2) Extend for a reasonable period the time for payment of
the claim by agreeing to accept monthly or other periodic
payments. The agreement may require security for payment of the
claim.
(3) Add fees to recover the cost of processing checks or other draft instruments returned for insufficient funds and the cost of providing electronic payment options.
(F)(1) Except as provided in division (F)(2) of this section, if the attorney general finds, after investigation, that any claim due and owing to the state is uncollectible, the attorney general, with the consent of the chief officer of the agency reporting the claim, may do the following:
(a) Sell, convey, or otherwise transfer the claim to one or more private entities for collection;
(b) Cancel the claim or cause it to be canceled.
(2) The attorney general shall cancel or cause to be canceled an unsatisfied claim on the date that is forty years after the date the claim is certified.
(3) No initial action shall be commenced to collect any tax payable to the state that is administered by the tax commissioner, whether or not such tax is subject to division (B) of this section, or any penalty, interest, or additional charge on such tax, after the expiration of the period ending on the later of the dates specified in divisions (F)(3)(a) and (b) of this section, provided that such period shall be extended by the period of any stay to such collection or by any other period to which the parties mutually agree:. If the initial action in aid of execution is commenced before the later of the dates specified in divisions (F)(3)(a) and (b) of this section, any and all subsequent actions may be pursued in aid of execution of judgment for as long as the debt exists.
(a) Seven years after the assessment of the tax, penalty, interest, or additional charge is issued.
(b) Four years after the assessment of the tax, penalty, interest, or additional charge becomes final. For the purposes of division (F)(3)(b) of this section, the assessment becomes final at the latest of the following: upon expiration of the period to petition for reassessment, or if applicable, to appeal a final determination of the commissioner or decision of the board of tax appeals or a court, or, if applicable, upon decision of the United States supreme court.
For the purposes of division (F)(3) of this section, an initial action to collect a tax debt is commenced at the time when any action, including any action in aid of execution on a judgment, commences after a certified copy of the tax commissioner's entry making an assessment final has been filed in the office of the clerk of court of common pleas in the county in which the taxpayer resides or has its principal place of business in this state, or in the office of the clerk of court of common pleas of Franklin county, as provided in section 5739.13, 5741.14, 5747.13, or 5751.09 of the Revised Code or in any other applicable law requiring such a filing. If an assessment has not been issued and there is no time limitation on the issuance of an assessment under applicable law, an action to collect a tax debt commences when the action is filed in the courts of this state to collect the liability.
(4) If information contained in a claim that is sold, conveyed, or transferred to a private entity pursuant to this section is confidential pursuant to federal law or a section of the Revised Code that implements a federal law governing confidentiality, such information remains subject to that law during and following the sale, conveyance, or transfer.
Sec. 133.021. The general assembly hereby finds and
declares
that the
"Tax Reform Act of 1986" (the
"Act")
establishes a
unified volume ceiling on the aggregate amount of
private activity
bonds
that can be issued in each state. The
amount of the
unified volume
ceiling
shall be the amount determined as set
forth in section 146(d)
of the Internal Revenue Code.
The general assembly further finds and declares that the
Act
requires the state to allocate its volume ceiling according
to a
specified formula unless a different procedure is
established by
the governor or general assembly.
The general assembly further finds and declares that
pursuant
to authorization of state legislation the general
assembly has, by
division (D)(3) of section 133.02 of the Revised
Code, effective
October 30, 1989, provided for delegating such
function to the
governor and for further delegation as therein
provided, subject
to such prospectively effective actions as may
subsequently be
taken by the general assembly.
The general assembly further finds and declares that it
desires to by legislation provide for an efficient, effective,
and
equitable procedure under which the state will allocate the
unified volume ceiling.
The general assembly therefore finds and declares that it
is
necessary to create the joint select committee on volume cap
to
create a process for the allocation of the unified volume
ceiling.
(A) Pursuant to section 146(e)(2)(B)(ii) of the Internal
Revenue Code, which provides that a state may by law provide a
different formula for allocating the state ceiling, there is
hereby created the joint select committee on volume cap to
provide
for the allocation and the reallocation of the unified
volume
ceiling among the governmental units (or other
authorities) in the
state having authority to issue tax exempt
private activity bonds.
(B) The committee shall consist of eight members. Two
members shall be from the house of representatives appointed by
the speaker of the house of representatives; two members shall be
from the senate appointed by the president of the senate; and
four
members shall be appointed by the governor. Each member
shall be
selected for
the member's knowledge and
experience in
tax
exempt
private activity bonds. The members shall serve at the
pleasure
of the appointing authority. A vacancy shall be filled
in the
same manner as the original appointment.
(C) The purpose of the committee shall be to maximize the
economic benefits of the unified volume ceiling to all citizens
of
the state. To this end, the joint select committee on volume
cap
shall:
(1) Set forth procedures for making allocations,
reallocation and carry forward of the state's unified volume
ceiling in accordance with the Act;
(2) Develop strategies for allocating and reallocating
the
unified volume ceiling which are designed to maximize the
availability of tax exempt private activity bonds among competing
sectors of the state.
(D) To provide for the orderly and prompt issuance of
private activity bonds, the committee is authorized to allocate
the unified volume ceiling among those governmental units (or
other authorities) in the state having authority to issue tax
exempt private activity bonds. The committee shall reserve a
portion of the unified volume ceiling to be allocated for
multi-family rental housing projects. The committee in
determination of unified volume ceiling allocations and
reallocations shall consider the following:
(1) The interest of the state with regard to long-term
economic development, housing, education, redevelopment, and
solid
waste management;
(2) The projected increase of jobs in the state;
(3) The needs of political subdivisions.
(E) The director of development shall adopt rules in
accordance with Chapter 119. of the Revised Code to carry out the
purposes of this section.
(F) Any allocation of the state's unified volume ceiling pursuant to this section for the purposes of the issuance of student loan notes shall be awarded only to either of the following:
(1) The nonprofit corporation designated under division (B) of section 3351.07 of the Revised Code;
(2) The treasurer of state for the purposes of carrying out the student loan program described in Chapter 3366. of the Revised Code.
Sec. 151.01. (A) As used in sections 151.01 to
151.11 and
151.40 of
the Revised Code
and
in the applicable bond
proceedings
unless
otherwise provided:
(1)
"Bond proceedings" means the resolutions, orders,
agreements, and
credit enhancement facilities, and amendments and
supplements to
them, or any one or more or combination of them,
authorizing,
awarding, or providing for the terms and conditions
applicable to
or providing for the security or liquidity of, the
particular
obligations, and the provisions contained in those
obligations.
(2)
"Bond service fund" means the respective bond service
fund
created by section 151.03, 151.04, 151.05, 151.06, 151.07,
151.08, 151.09, 151.10, 151.11, or 151.40 of the
Revised Code, and any accounts in
that fund,
including all
moneys and investments, and earnings from
investments, credited
and to be credited to that fund and accounts
as and to the extent
provided in the applicable bond proceedings.
(3)
"Capital facilities" means capital facilities or
projects
as
referred to in section 151.03, 151.04, 151.05, 151.06,
151.07,
151.08, 151.09, 151.10, 151.11, or 151.40
of the Revised Code.
(4)
"Costs of capital facilities" means the costs of
acquiring,
constructing, reconstructing, rehabilitating,
remodeling,
renovating, enlarging, improving, equipping, or
furnishing capital
facilities, and of the financing of those
costs.
"Costs of capital
facilities" includes, without
limitation,
and in addition to costs
referred to in section
151.03, 151.04,
151.05, 151.06, 151.07,
151.08, 151.09, 151.10, 151.11, or 151.40
of the
Revised
Code, the cost of
clearance and preparation of the
site
and of any
land to be used
in connection with capital
facilities,
the cost of
any indemnity
and surety bonds and
premiums on
insurance, all
related direct
administrative expenses
and
allocable portions of
direct costs of
the issuing authority,
costs
of engineering and
architectural
services, designs, plans,
specifications, surveys,
and estimates
of cost, financing costs,
interest on obligations
from their date
to the time when interest
is to be paid from
sources other than
proceeds of obligations,
amounts necessary to
establish any
reserves as required by the
bond proceedings, the
reimbursement of
all moneys advanced or
applied by or borrowed
from any person or
governmental agency or
entity for the payment
of any item of costs
of capital facilities,
and all other expenses
necessary or
incident to planning or
determining feasibility or
practicability
with respect to capital
facilities, and such other
expenses as may
be necessary or
incident to the acquisition,
construction,
reconstruction,
rehabilitation, remodeling,
renovation,
enlargement, improvement,
equipment, and furnishing of
capital
facilities, the financing of
those costs, and the placing
of the
capital facilities in use and
operation, including any one,
part
of, or combination of those
classes of costs and expenses. For purposes of sections 122.085 to 122.0820 of the Revised Code, "costs of capital facilities" includes "allowable costs" as defined in section 122.085 of the Revised Code.
(5)
"Credit enhancement facilities,"
"financing costs," and
"interest" or
"interest equivalent" have the same meanings as in
section 133.01 of the Revised Code.
(6)
"Debt service" means principal, including any mandatory
sinking fund or redemption requirements for retirement of
obligations, interest and other accreted amounts, interest
equivalent, and any redemption premium, payable on obligations.
If not prohibited by the applicable bond proceedings, debt service may
include costs relating to credit enhancement facilities that
are
related to and represent, or are intended to provide a source of
payment
of or limitation on, other debt service.
(7)
"Issuing authority" means the Ohio public facilities
commission created in section 151.02 of the Revised Code
for
obligations issued under section 151.03, 151.04, 151.05,
151.07,
151.08, 151.09, 151.10, or 151.11
of the
Revised Code, or
the treasurer of state,
or the
officer who
by law performs the functions of
that office,
for
obligations
issued under section 151.06 or 151.40
of the
Revised Code.
(8)
"Net proceeds" means amounts received from the sale of
obligations, excluding amounts used to refund or retire
outstanding
obligations, amounts required to be deposited into
special funds
pursuant to the applicable bond proceedings, and
amounts to be
used to pay financing costs.
(9)
"Obligations" means bonds, notes, or other evidences of
obligation of the state, including any appertaining interest
coupons, issued
under Section 2k, 2l, 2m, 2n, 2o, 2p, or 15 of Article
VIII, Ohio Constitution, and
pursuant to sections 151.01 to
151.11 or
151.40
of the
Revised Code
or other general assembly
authorization.
(10)
"Principal amount" means the aggregate of the amount as
stated or provided for in the applicable bond proceedings as the
amount on which interest or interest equivalent on particular
obligations is initially calculated. Principal amount does not
include any premium paid to the state by the initial purchaser of
the obligations.
"Principal amount" of a capital appreciation
bond, as defined in division (C) of section 3334.01 of the Revised
Code, means its face amount, and "principal amount" of a zero
coupon bond, as defined in division (J) of section 3334.01 of the
Revised Code, means the discounted offering price at which the
bond is initially sold to the public, disregarding any purchase
price discount to the original purchaser, if provided for pursuant
to the bond proceedings.
(11)
"Special funds" or
"funds," unless the context
indicates
otherwise, means the bond service fund, and any other
funds,
including any reserve funds, created under the bond
proceedings
and
stated to be special funds in those proceedings,
including
moneys
and investments, and earnings from investments,
credited
and to be
credited to the particular fund. Special funds
do not
include the
school building program assistance fund created
by
section 3318.25
of the Revised Code, the higher education
improvement fund created
by division (F) of section 154.21 of the
Revised Code, the highway
capital improvement bond fund created by
section 5528.53 of the Revised Code,
the state parks
and natural
resources fund created
by section 1557.02 of the Revised Code, the
coal research and
development fund created by section 1555.15 of
the Revised Code,
the clean Ohio conservation fund created by
section 164.27 of the Revised Code, the clean Ohio revitalization
fund created by section 122.658 of the Revised Code, the job ready site development fund created by section 122.0820 of the Revised Code, the third frontier research and development fund created by section 184.19 of the Revised Code, the third frontier research and development taxable bond fund created by section 184.191 of the Revised Code,
or other
funds created by the bond proceedings
that are not stated
by those
proceedings to be special funds.
(B) Subject to
Section 2l, 2m, 2n,
2o, 2p, or 15, and
Section
17, of
Article VIII, Ohio Constitution, the state, by the
issuing
authority, is authorized to issue and sell, as provided in
sections 151.03 to
151.11 or 151.40 of the Revised Code,
and in
respective
aggregate principal amounts as from time to time
provided or
authorized by the general assembly, general
obligations of this
state for the purpose of paying costs of
capital facilities or
projects identified by or pursuant to
general assembly action.
(C) Each issue of obligations shall be authorized by
resolution
or order of the issuing authority. The bond
proceedings shall provide for
or authorize the manner for
determining the principal amount or
maximum principal amount of
obligations of an issue, the principal
maturity or maturities, the
interest rate or rates, the date of
and the dates of payment of
interest on the obligations, their
denominations, and the place or
places of payment of debt service
which may be within or outside
the state. Unless otherwise
provided by law, the latest principal
maturity may not be later
than the earlier of the thirty-first day
of December of the
twenty-fifth calendar year after the year of
issuance of the
particular obligations or of the twenty-fifth
calendar year after
the year in which the original obligation to
pay was issued or
entered into. Sections 9.96, 9.98, 9.981,
9.982, and 9.983 of the Revised
Code apply to obligations. The
purpose of the obligations
may be stated in the bond proceedings
in general terms, such as,
as applicable,
"financing or assisting
in the financing of
projects as provided in Section 2l of Article
VIII, Ohio
Constitution,"
"financing or assisting in the financing
of highway
capital improvement projects as provided in Section 2m
of Article VIII,
Ohio Constitution,"
"paying costs of capital
facilities for
a system of common schools throughout the state as
authorized by
Section 2n of Article VIII, Ohio Constitution,"
"paying
costs of capital facilities for state-supported and
state-assisted
institutions of higher education as authorized by
Section
2n of Article VIII, Ohio Constitution,"
"paying costs of
coal research and development as authorized by Section 15 of
Article
VIII, Ohio Constitution,"
"financing or
assisting in
the
financing of local subdivision capital improvement
projects as
authorized by Section 2m of Article VIII,
Ohio Constitution,"
"paying costs of conservation projects as authorized by Section 2o
of Article VIII, Ohio Constitution,"
"paying costs of
revitalization projects as
authorized by Section 2o
of Article
VIII, Ohio Constitution," "paying costs of preparing sites for industry, commerce, distribution, or research and development as authorized by Section 2p of Article VIII, Ohio Constitution," or "paying costs of research and development as authorized by Section 2p of Article VIII, Ohio Constitution."
(D) The issuing authority may appoint or provide for the
appointment of paying agents, bond registrars, securities
depositories, clearing corporations, and transfer agents, and may
without need for any other approval retain or contract for the
services of
underwriters, investment
bankers, financial advisers,
accounting experts, marketing,
remarketing, indexing, and
administrative agents, other
consultants, and independent
contractors, including printing
services, as are necessary in the
judgment of the issuing
authority to carry out
the issuing
authority's functions under
this
chapter.
When the issuing
authority
is
the Ohio public facilities
commission, the issuing
authority
also
may without need for any
other approval retain or
contract for the
services of attorneys
and other professionals for
that purpose.
Financing costs are
payable, as may be provided in
the bond
proceedings, from the
proceeds of the obligations, from
special
funds, or from other
moneys available for the purpose.
(E) The bond proceedings may contain additional provisions
customary or appropriate to the financing or to the obligations or
to particular obligations including, but not limited to,
provisions
for:
(1) The redemption of obligations prior to maturity at the
option of the state or of the holder or upon the occurrence of
certain conditions, and at particular price or prices and under
particular terms and conditions;
(2) The form of and other terms of the obligations;
(3) The establishment, deposit, investment, and application
of
special funds, and the safeguarding of moneys on hand or on
deposit,
in lieu of the applicability of provisions of Chapter
131. or 135.
of the Revised Code, but subject to any special
provisions of
sections 151.01 to
151.11 or 151.40 of the
Revised
Code with
respect to the
application of particular funds
or
moneys. Any
financial
institution that acts as a depository of
any moneys in
special
funds or other funds under the bond
proceedings may
furnish
indemnifying bonds or pledge securities as
required by the
issuing
authority.
(4) Any or every provision of the bond proceedings being
binding
upon the issuing authority and upon such governmental
agency or
entity, officer, board, commission, authority, agency,
department,
institution, district, or other person or body as may
from time to
time be authorized to take actions as may be
necessary to perform
all or any part of the duty required by the
provision;
(5) The maintenance of each pledge or instrument comprising
part
of the bond proceedings until the state has fully paid or
provided
for the payment of the debt service on the obligations or
met other
stated conditions;
(6) In the event of default in any payments required to be
made
by the bond proceedings, or by any other agreement of the
issuing
authority made as part of a contract under which the
obligations
were issued or secured, including a credit enhancement
facility, the
enforcement of those payments by mandamus, a suit in
equity, an action
at law, or any combination of those remedial
actions;
(7) The rights and remedies of the holders or owners of
obligations or of book-entry interests in them, and of third
parties
under any credit enhancement facility, and provisions for
protecting and enforcing those rights and remedies, including
limitations on rights of individual holders or owners;
(8) The replacement of mutilated, destroyed, lost, or stolen
obligations;
(9) The funding, refunding, or advance refunding, or other
provision for payment, of obligations that will then no longer be
outstanding for purposes of this section or of the applicable bond
proceedings;
(10) Amendment of the bond proceedings;
(11) Any other or additional agreements with the owners of
obligations, and such other provisions as the issuing authority
determines, including limitations, conditions, or qualifications,
relating to any of the foregoing.
(F) The great seal of the state or a facsimile of it may be
affixed to or printed on the obligations. The obligations
requiring
execution by or for the issuing authority shall be
signed as
provided in the bond proceedings. Any obligations may
be signed
by the individual who on the date of execution is the
authorized
signer although on the date of these obligations that
individual
is not an authorized signer. In case the individual
whose
signature or facsimile signature appears on any obligation
ceases
to be an authorized signer before delivery of the
obligation, that
signature or facsimile is nevertheless valid and
sufficient for
all purposes as if that individual had remained the
authorized
signer until delivery.
(G) Obligations are investment securities under Chapter
1308.
of the Revised Code. Obligations may be issued in bearer or
in
registered form, registrable as to principal alone or as to
both
principal and interest, or both, or in certificated or
uncertificated form, as the issuing authority determines.
Provision may be made for the exchange, conversion, or transfer of
obligations and for reasonable charges for registration, exchange,
conversion, and transfer. Pending preparation of final
obligations, the issuing authority may provide for the issuance of
interim instruments to be exchanged for the final obligations.
(H) Obligations may be sold at public sale or at private
sale,
in such manner, and at such price at, above or below par,
all as determined by
and provided by the issuing authority in the
bond proceedings.
(I) Except to the extent that rights are restricted by the
bond
proceedings, any owner of obligations or provider of a credit
enhancement facility may by any suitable form of legal proceedings
protect and enforce any rights relating to obligations or that
facility under the laws of this state or granted by the bond
proceedings. Those rights include the right to compel the
performance of all applicable duties of the issuing authority and
the state. Each duty of the issuing authority and that
authority's officers, staff, and employees, and of each state
entity or agency, or using district or using institution, and its
officers, members, staff, or employees, undertaken pursuant to the
bond proceedings, is hereby established as a duty of the entity or
individual having authority to perform that duty, specifically
enjoined by law and resulting from an office, trust, or station
within the meaning of section 2731.01 of the Revised Code. The
individuals who are from time to time the issuing authority,
members or
officers of the
issuing authority, or those members'
designees acting pursuant to
section 151.02 of the Revised Code,
or the issuing authority's officers,
staff, or employees, are not
liable in their personal capacities on any
obligations or
otherwise under the bond proceedings.
(J)(1) Subject to
Section
2k, 2l, 2m, 2n,
2o, 2p, or 15, and
Section 17,
of Article VIII, Ohio Constitution and sections 151.01
to
151.11 or 151.40
of the Revised Code, the issuing
authority
may, in addition
to the
authority referred to in
division (B) of
this section,
authorize
and provide for the
issuance of:
(a) Obligations in the form of bond anticipation notes, and
may
provide for the renewal of those notes from time to time by
the
issuance of new notes. The holders of notes or appertaining
interest coupons have the right to have debt service on those
notes paid solely from the moneys and special funds that are or
may be pledged to that payment, including the proceeds of bonds or
renewal notes or both, as the issuing authority provides in the
bond proceedings authorizing the notes. Notes may be additionally
secured by covenants of the issuing authority to the effect that
the issuing authority and the state will do all things necessary
for the issuance of bonds or renewal notes in such principal
amount and upon such terms as may be necessary to provide moneys
to pay when due the debt service on the notes, and apply their
proceeds to the extent necessary, to make full and timely payment
of debt service on the notes as provided in the applicable bond
proceedings.
In the bond proceedings authorizing the issuance of
bond
anticipation notes the issuing authority shall set forth for
the
bonds anticipated an estimated schedule of annual principal
payments
the latest of which shall be no later than provided in
division
(C) of this section. While the notes are outstanding
there shall
be deposited, as shall be provided in the bond
proceedings for
those notes, from the sources authorized for
payment of debt
service on the bonds, amounts sufficient to pay
the principal of
the bonds anticipated as set forth in that
estimated schedule
during the time the notes are outstanding,
which amounts shall be
used solely to pay the principal of those
notes or of the bonds
anticipated.
(b) Obligations for the refunding, including funding and
retirement, and advance refunding with or without payment or
redemption prior to maturity, of any obligations previously
issued.
Refunding obligations may be issued in amounts sufficient
to pay
or to provide for repayment of the principal amount,
including
principal amounts maturing prior to the redemption of
the
remaining prior obligations, any redemption premium, and
interest
accrued or to accrue to the maturity or redemption date
or dates,
payable on the prior obligations, and related financing
costs and
any expenses incurred or to be incurred in connection
with that
issuance and refunding. Subject to the applicable bond
proceedings, the portion of the proceeds of the sale of refunding
obligations issued under division (J)(1)(b) of this
section to be
applied to
debt service on the prior obligations shall be credited
to an
appropriate separate account in the bond service fund and
held in
trust for the purpose by the issuing authority or by a
corporate
trustee. Obligations authorized under this division
shall be
considered to be issued for those purposes for which the
prior
obligations were issued.
(2) Except as otherwise provided in sections 151.01 to
151.11 or 151.40 of the Revised
Code, bonds or notes
authorized
pursuant to
division (J) of this section are subject to
the
provisions of
those
sections pertaining to obligations
generally.
(3) The principal amount of refunding or renewal obligations
issued pursuant to division (J) of this section shall be in
addition
to the amount authorized by the general assembly as
referred to in division
(B) of the following sections: section
151.03, 151.04, 151.05,
151.06, 151.07,
151.08, 151.09, 151.10, 151.11, or
151.40
of the Revised
Code.
(K) Obligations are lawful investments for banks, savings
and
loan associations, credit union share guaranty corporations,
trust
companies, trustees, fiduciaries, insurance companies,
including
domestic for life and domestic not for life, trustees or
other
officers having charge of sinking and bond retirement or
other
special funds of the state and political subdivisions and
taxing
districts of this state, the sinking fund, the
administrator of
workers' compensation subject to the approval of
the workers'
compensation board, the state teachers retirement
system, the
public employees retirement system, the school
employees
retirement system, and the Ohio police and fire
pension
fund, notwithstanding any other provisions of the Revised Code or
rules adopted pursuant to those provisions by any state
agency
with respect to investments by them, and are also
acceptable as
security for the repayment of the deposit of public
moneys. The
exemptions from taxation in Ohio as provided for in
particular
sections of the Ohio Constitution and section
5709.76 of the
Revised Code apply to the obligations.
(L)(1) Unless otherwise provided or provided for in any
applicable
bond proceedings, moneys to the credit of or in a
special fund
shall be disbursed on the order of the issuing
authority. No such
order is required for the payment, from the
bond service fund or
other special fund, when due of debt service
or required payments
under credit enhancement facilities.
(2) Payments received by the state under interest rate
hedges
entered into as credit enhancement facilities under this
chapter shall
be deposited to the credit of the bond service fund
for the obligations
to which those credit enhancement facilities
relate.
(M) The full faith and credit, revenue, and taxing power of
the
state are and shall be pledged to the timely payment of debt
service on outstanding obligations as it comes due, all in
accordance with Section
2k, 2l, 2m, 2n,
2o, 2p, or 15 of Article VIII,
Ohio
Constitution, and section 151.03, 151.04, 151.05, 151.06,
151.07,
151.08, 151.09, 151.10, or 151.11 of the Revised Code. Moneys referred
to in Section
5a
of Article XII, Ohio Constitution, may not be
pledged or used
for
the payment of debt service except on
obligations referred to
in
section 151.06 of the Revised Code.
Net
state lottery proceeds, as provided for and referred to in section
3770.06 of the Revised Code, may not be pledged or used for the
payment of debt service except on obligations referred to in
section 151.03 of the Revised Code.
The
state covenants, and
that
covenant shall be controlling
notwithstanding any other
provision
of law, that the state and the
applicable officers and
agencies of
the state, including the
general assembly, shall, so
long as any
obligations are
outstanding in accordance with their
terms,
maintain statutory
authority for and cause to be levied,
collected
and applied
sufficient pledged excises, taxes, and
revenues of the
state so
that the revenues shall be sufficient in
amounts to pay
debt
service when due, to establish and maintain
any reserves and
other
requirements, and to pay financing costs,
including costs of
or
relating to credit enhancement facilities,
all as provided for
in
the bond proceedings. Those excises,
taxes, and revenues are
and
shall be deemed to be levied and
collected, in addition to the
purposes otherwise provided for by
law, to provide for the payment
of debt service and financing
costs in accordance with sections
151.01 to
151.11 of the Revised Code and the
bond
proceedings.
(N) The general assembly may from time to time repeal or
reduce
any excise, tax, or other source of revenue pledged to the
payment
of the debt service pursuant to Section
2k, 2l, 2m, 2n,
2o, 2p, or
15
of
Article VIII, Ohio Constitution, and sections 151.01
to
151.11 or 151.40
of the Revised Code, and may levy, collect
and
apply
any
new or
increased excise, tax, or revenue to meet the
pledge,
to
the
payment of debt service on outstanding obligations,
of the
state's
full faith and credit, revenue and taxing power,
or
of designated revenues and receipts, except
fees,
excises or taxes
referred to in Section 5a of
Article XII,
Ohio
Constitution, for
other than obligations referred to in
section
151.06 of the
Revised Code and except net state lottery
proceeds
for other than
obligations referred to in section 151.03
of the
Revised Code.
Nothing in division (N) of this section
authorizes
any
impairment
of the obligation of this state to levy
and collect
sufficient
excises, taxes, and revenues to pay debt
service on
obligations
outstanding in accordance with their terms.
(O) Each bond service fund is a trust fund and is hereby
pledged to the payment of debt service on the applicable
obligations. Payment of that debt service shall be made or
provided for by the issuing authority in accordance with the bond
proceedings without necessity for any act of appropriation. The
bond proceedings may provide for the establishment of separate
accounts in the bond service fund and for the application of those
accounts only to debt service on specific obligations, and for
other accounts in the bond service fund within the general
purposes of that fund.
(P) Subject to the bond proceedings pertaining to any
obligations
then outstanding in accordance with their terms, the
issuing
authority may in the bond proceedings pledge all, or such
portion
as the issuing authority determines, of the moneys in the
bond
service fund to the payment of debt service on particular
obligations, and for the establishment and maintenance of any
reserves for payment of particular debt service.
(Q)
The issuing authority shall by the
fifteenth day of
July of each fiscal year, certify or cause to
be certified to the
office of budget and
management the total
amount of moneys
required during the current
fiscal year to meet
in full all debt
service on the respective
obligations and any
related financing
costs payable from the
applicable bond service
fund and not from
the proceeds of
refunding or renewal
obligations. The issuing
authority
shall make or cause to be made
supplemental
certifications to the
office of budget and management
for each
debt service payment date
and at such other times during
each
fiscal year as may be provided
in the bond proceedings or
requested by that office. Debt
service, costs of credit
enhancement facilities, and other
financing costs shall be set
forth separately in each
certification. If and so long as the
moneys to
the credit of the bond service fund, together with any
other
moneys available for the purpose, are insufficient to meet
in full
all payments when due of the amount required as stated in
the
certificate or otherwise, the office of budget and management
shall at the times as provided in the bond proceedings, and
consistent with any particular provisions in sections 151.03 to
151.11 and 151.40 of the Revised Code, transfer a sufficient
amount to
the
bond service fund from the pledged revenues in the
case of obligations issued pursuant to section 151.40 of the
Revised Code, and in the case of other obligations from the
revenues derived from excises,
taxes,
and other revenues,
including net state lottery proceeds in
the
case of obligations
referred to in section 151.03 of the
Revised
Code.
(R) Unless otherwise provided in any applicable bond
proceedings, moneys to the credit of special funds may be invested
by or on behalf of the state only in one or more of the following:
(1) Notes,
bonds, or other direct obligations of the
United
States or of any agency or instrumentality of the United
States,
or in
no-front-end-load money market mutual funds
consisting
exclusively
of those obligations, or in repurchase
agreements,
including those
issued by any fiduciary, secured by
those
obligations, or
in collective investment funds consisting
exclusively of those
obligations;
(2) Obligations of this state or any political subdivision
of
this state;
(3) Certificates of deposit of any national bank located in
this
state and any bank, as defined in section 1101.01 of the
Revised Code, subject
to inspection by the superintendent of
financial institutions;
(4) The treasurer of state's pooled investment program under
section 135.45 of the Revised Code.
The income from investments referred to in division (R)
of
this section shall, unless otherwise provided in sections 151.01
to
151.11 or 151.40
of the Revised Code, be
credited to
special
funds or
otherwise as the
issuing authority determines in
the bond
proceedings. Those
investments may be sold or exchanged
at times
as the issuing
authority determines, provides for, or
authorizes.
(S) The treasurer of state shall have responsibility for
keeping
records, making reports, and making payments, relating to
any
arbitrage rebate requirements under the applicable bond
proceedings.
Sec. 151.09. (A) As used in this section:
(1) "Costs of
conservation projects" includes related direct
administrative
expenses and allocable portions of the direct costs
of those
projects of the department of agriculture, the department
of natural resources, or the Ohio public
works
commission.
(2) "Obligations" means obligations
as defined in section
151.01 of the Revised Code issued to pay costs of
projects for
conservation purposes as referred to in division
(A)(1) of Section
2o of Article VIII, Ohio Constitution.
(B)(1) The issuing authority shall issue general
obligations
of the state to pay
costs of conservation projects
pursuant to
division (B)(1) of
Section 2o of Article VIII, Ohio
Constitution,
section 151.01 of
the Revised Code, and this
section. The issuing
authority, upon
the certification to it by
the Ohio public works
commission of amounts needed in and for the
purposes of the clean
Ohio conservation
fund created by section
164.27 of the Revised
Code, the clean
Ohio agricultural easement
fund created by
section 901.21 of the
Revised Code, and the clean
Ohio trail fund
created by section
1519.05 of the Revised Code,
shall issue
obligations in the amount determined by the
issuing
authority to
be required for those purposes. The total Not more than two hundred million dollars principal
amount of
obligations issued under this section shall not exceed
two hundred
million dollars for conservation purposes may be outstanding at any one time. Not more than fifty million dollars principal amount of obligations, plus the principal amount of obligations that in any prior fiscal year could have been, but were not issued within the fifty-million-dollar fiscal year limit, may be issued in any fiscal year.
(2) In making the certification required under division
(B)(1) of this section, the Ohio public works commission shall
consult with the department of agriculture and the department of
natural resources. The commission shall certify amounts that
correspond to the distribution of the net proceeds of obligations
provided in division (C) of this section.
(C) Net proceeds of obligations shall be deposited
as
follows:
(1) Seventy-five per cent into the clean Ohio conservation
fund created by section 164.27 of the Revised Code;
(2) Twelve and one-half per cent into the clean Ohio
agricultural easement fund created by section 901.21 of the
Revised Code;
(3) Twelve and one-half per cent into the clean Ohio trail
fund created by section 1519.05 of the Revised Code.
(D) There is hereby created in the state treasury the
conservation projects bond service fund. All moneys received by
the
state and required by the bond proceedings, consistent with
section 151.01 of the Revised Code and this section, to be
deposited,
transferred, or credited to the bond service fund, and
all other
moneys transferred or allocated to or received for the
purposes of
that fund, shall be deposited and credited to the bond
service
fund, subject to any applicable provisions of the bond
proceedings, but without necessity for any act of appropriation.
During the period beginning with the date of the first issuance of
obligations and continuing during the time that any obligations
are outstanding in accordance with their terms, so long as moneys
in the bond service fund are insufficient to pay debt service when
due on those obligations payable from that fund, except the
principal amounts of bond anticipation notes payable from the
proceeds of renewal notes or bonds anticipated, and due in the
particular fiscal year, a sufficient amount of revenues of the
state is committed and, without necessity for further act of
appropriation, shall be paid to the bond service fund for the
purpose of paying that debt service when due.
Sec. 151.10. (A) As used in this section:
(1) "Costs of research and development projects" includes related direct administrative expenses and allocable portions of the direct costs of those projects, costs of capital facilities, and working capital, all for the following:
(a) Attracting researchers and research teams by endowing research chairs or otherwise;
(b) Activities to develop and commercialize products and processes;
(c) Intellectual property matters such as copyrights and patents;
(d) Property interests including timesharing arrangements, capital formation, direct operating costs, and costs of research and facilities including interests in real property therefore; and
(e) Support for public and private institutions of higher education, research organizations or institutions, and private sector entities.
(2) "Obligations" means obligations as defined in section 151.01 of the Revised Code issued to pay costs of projects for research and development purposes as referred to in division (A)(2) of Section 2p of Article VIII, Ohio Constitution.
(3) "Project" means any research and development project, as defined in section 184.10 of the Revised Code, or facility, including undivided or other interests, acquired or to be acquired, constructed or to be constructed, or operating or to be operated by a person doing business in this state or by an educational or scientific institution located in this state with all or part of the cost of the project being paid from a grant or loan from the third frontier research and development fund or the third frontier research and development taxable bond fund or a loan guaranteed under Chapter 184. of the Revised Code, including all buildings and facilities determined necessary for the operation of the project, together with all property, rights, easements, and interests that may be required for the operation of the project.
(B) The issuing authority shall issue general obligations of the state to pay costs of research and development projects pursuant to division (B)(2) of Section 2p of Article VIII, Ohio Constitution, section 151.01 of the Revised Code, and this section. The issuing authority shall issue obligations in the amount determined by the issuing authority to be required for those purposes. The total principal amount of obligations issued under this section shall not exceed five hundred million dollars.
(C) Net proceeds of obligations shall be deposited into the third frontier research and development fund created by section 184.19 of the Revised Code or into the third frontier research and development taxable bond fund created by section 184.191 of the Revised Code if the obligations are federally taxable.
(D) There is hereby created in the state treasury the third frontier research and development projects bond service fund. All moneys received by the state and required by the bond proceedings, consistent with section 151.01 of the Revised Code and this section, to be deposited, transferred, or credited to the bond service fund, and all other moneys transferred or allocated to or received for the purposes of that fund, shall be deposited and credited to the bond service fund, subject to any applicable provisions of the bond proceedings, but without necessity for any act of appropriation. During the period beginning with the date of the first issuance of obligations and continuing during the time that any obligations are outstanding in accordance with their terms, so long as moneys in the bond service fund are insufficient to pay debt service when due on those obligations payable from that fund, except the principal amounts of bond anticipation notes payable from the proceeds of renewal notes or bonds anticipated, and due in the particular fiscal year, a sufficient amount of revenues of the state is committed and, without necessity for further act of appropriation, shall be paid to the bond service fund for the purpose of paying that debt service when due.
Sec. 151.40. (A) As used in this section:
(1) "Bond proceedings" includes any trust agreements, and
any amendments or supplements to them, as
authorized by this
section.
(2) "Costs of revitalization projects" includes related
direct administrative expenses and allocable portions of the
direct costs of those projects of the department of development or
the
environmental protection agency.
(3) "Issuing authority" means the treasurer of state.
(4) "Obligations" means obligations
as defined in section
151.01 of the Revised Code issued to pay the costs
of projects for
revitalization purposes as referred to in division
(A)(2) of
Section 2o of Article VIII, Ohio Constitution.
(5) "Pledged liquor profits" means all receipts of the
state
representing the gross profit on the sale of spirituous
liquor, as
referred to in division (B)(4) of section 4301.10 of
the Revised
Code, after paying all costs and expenses of the
division of
liquor control and providing an adequate working
capital reserve
for the division of liquor control as provided in
that division,
but excluding the sum required by the second
paragraph of section
4301.12 of the Revised Code, as it was in
effect on May 2, 1980,
to be paid into the state treasury.
(6) "Pledged receipts" means, as and to the extent provided
in bond proceedings:
(a) Pledged liquor profits. The pledge of pledged liquor
profits to obligations is subject to the priority of the pledge of
those profits to obligations issued and to be issued pursuant to Chapter 166. of the
Revised Code.
(b) Moneys accruing to the state from the lease, sale, or
other disposition or use of revitalization projects or from the
repayment, including any interest, of loans or advances made from
net proceeds;
(c) Accrued interest received from the sale of obligations;
(d) Income from the investment of the special funds;
(e) Any gifts, grants, donations, or pledges, and receipts
therefrom, available for the payment of debt service;
(f) Additional or any other specific revenues or receipts
lawfully available to be
pledged, and pledged, pursuant to further
authorization by the general assembly, to the payment of debt
service.
(B)(1) The issuing authority shall issue obligations of the
state to pay
costs of revitalization projects pursuant to division
(B)(2) of
Section 2o of Article VIII, Ohio Constitution, section
151.01 of
the Revised Code as applicable to this section, and this
section. The issuing authority, upon
the certification to it by
the clean Ohio council of the amount of
moneys needed in and for
the purposes of the clean Ohio revitalization
fund created by
section 122.658 of the Revised Code, shall issue
obligations in
the
amount determined by the issuing
authority to be required for
those purposes. The total Not more than two hundred million dollars principal amount of obligations issued
under this section shall not exceed two hundred million dollars for revitalization purposes may be outstanding at any one time. Not more than fifty million dollars principal amount of obligations, plus the principal amount of obligations that in any prior fiscal year could have been, but were not issued within the fifty-million-dollar fiscal year limit, may be issued in any fiscal year.
The
(2) The provisions and authorizations in section
151.01 of the Revised
Code apply to the obligations and the bond
proceedings except as
otherwise provided or provided for in those
obligations and bond
proceedings.
(C) Net proceeds of obligations
shall be deposited in the
clean Ohio revitalization fund created in section 122.658 of the
Revised Code.
(D) There is hereby created the
revitalization projects
bond
service fund, which shall be in the custody of the treasurer
of
state, but shall be separate and apart from and not a part of
the
state treasury. All money received by
the state and required
by
the bond proceedings, consistent with
section 151.01 of the
Revised Code and this section, to be
deposited, transferred, or
credited to the bond service fund, and
all other money transferred
or allocated to or received for the
purposes of that fund, shall
be deposited and credited to the bond
service fund, subject to any
applicable provisions of the bond
proceedings, but without
necessity for any act of appropriation.
During the period
beginning with the date of the first issuance of
obligations and
continuing during the time that any obligations
are outstanding in
accordance with their terms, so long as moneys
in the bond service
fund are insufficient to pay debt service when
due on those
obligations payable from that fund, except the
principal amounts
of bond anticipation notes payable from the
proceeds of renewal
notes or bonds anticipated, and due in the
particular fiscal year,
a sufficient amount of pledged receipts is
committed and, without
necessity for further act of appropriation,
shall be paid to the
bond service fund for the purpose of paying
that debt service when
due.
(E) The issuing authority may pledge all, or such portion
as
the issuing authority determines, of the pledged receipts to
the
payment of the debt service charges on obligations issued
under
this section, and for the establishment and maintenance of
any
reserves, as provided in the bond proceedings, and make other
provisions in the bond proceedings with respect to pledged
receipts as authorized by this section, which provisions are
controlling notwithstanding any other provisions of law pertaining
to them.
(F) The issuing authority may covenant in the bond
proceedings, and such covenants shall be controlling
notwithstanding any other provision of law, that the state and
applicable officers and state agencies, including the general
assembly, so long as any obligations issued under this section are
outstanding, shall maintain statutory authority for and cause to
be charged and collected wholesale or retail prices for spirituous
liquor sold by the state or its agents so that the available
pledged receipts are sufficient in time and amount to meet debt
service payable from pledged liquor profits and for the
establishment and maintenance of any reserves and other
requirements provided for in the bond proceedings.
(G) Obligations
may be further secured, as determined by
the
issuing authority, by a trust agreement between
the state and
a
corporate trustee, which may be
any trust company
or bank having
its principal place of business
within the state.
Any trust
agreement may contain the
resolution or
order authorizing the
issuance of the obligations,
any provisions
that may be contained
in any bond proceedings, and
other
provisions that are customary
or appropriate in an agreement
of that type, including, but not
limited to:
(1) Maintenance of each pledge, trust agreement, or other
instrument comprising part of the bond proceedings until
the state
has fully paid or provided for the payment of debt
service on the
obligations secured by it;
(2) In the event of default in any payments required to be
made by the bond proceedings, enforcement of those payments or
agreements by mandamus, the appointment of a receiver, suit in
equity, action at law, or any combination of them;
(3) The rights and remedies of the holders or owners of
obligations and of the trustee and provisions for protecting and
enforcing them, including limitations on rights of individual
holders and owners.
(H) The obligations shall not be
general obligations of the
state and the full faith and credit, revenue, and taxing power of
the state shall not be pledged to the payment of debt service on
them. The holders
or owners of the obligations shall have no right
to have any moneys obligated or
pledged for the payment of debt
service except as provided in
this section and in the applicable
bond proceedings. The rights
of the holders and owners to payment
of debt service are limited
to all or that portion of the pledged
receipts, and those special
funds, pledged to the payment of debt
service pursuant to the bond
proceedings in accordance with this
section, and each obligation
shall bear on its face a statement to
that effect.
Sec. 152.09. (A) As used in sections 152.06 and 152.09 to
152.33 of the Revised Code:
(1) "Obligations" means bonds, notes, or other evidences
of
obligation, including interest coupons pertaining thereto,
issued
pursuant to sections 152.09 to 152.33 of the Revised Code.
(2) "State agencies" means the state of Ohio and branches,
officers, boards, commissions, authorities, departments,
divisions, courts, general assembly, or other units or agencies
of
the state. "State agency" also includes counties, municipal
corporations, and governmental entities
of this state that enter
into leases with the Ohio building authority pursuant to section
152.31 of the Revised Code or that are designated by law as state
agencies for the purpose of performing a state function that is
to
be housed by a capital facility for which the Ohio building
authority is authorized to issue revenue obligations pursuant to
sections 152.09 to 152.33 of the Revised Code.
(3) "Bond service charges" means principal, including
mandatory sinking fund requirements for retirement of
obligations,
and interest, and redemption premium, if any,
required to be paid
by the Ohio building authority on
obligations.
(4) "Capital facilities" means buildings, structures, and
other improvements, and equipment, real estate, and interests in
real estate therefor, within the state, and any one, part of, or
combination of the foregoing, for housing of branches and
agencies
of state government, including capital facilities for
the purpose
of housing personnel, equipment, or functions, or any
combination
thereof that the state agencies are responsible for
housing, for
which the Ohio building authority is authorized to
issue
obligations pursuant to Chapter 152. of the Revised Code,
and
includes storage and parking facilities related to such
capital
facilities. "Capital facilities" does not include capital facilities for institutions of higher education financed in whole or in part under section 154.21 of the Revised Code.
(5) "Cost of capital facilities" means the costs of assessing, planning,
acquiring, constructing, reconstructing, rehabilitating,
remodeling, renovating, enlarging, improving, altering,
maintaining, equipping,
furnishing, repairing, painting,
decorating, managing, or
operating capital facilities, and the
financing thereof,
including the cost of clearance and preparation
of the site and
of any land to be used in connection with capital
facilities, the cost of
participating in capital facilities
pursuant to section 152.33
of the Revised Code, the
cost of any
indemnity and surety bonds and premiums on insurance,
all related
direct administrative expenses and allocable portions
of direct
costs of the authority and lessee state agencies, cost
of
engineering and architectural services, designs, plans,
specifications, surveys, and estimates of cost, legal fees, fees
and expenses of trustees, depositories, and paying agents for the
obligations, cost of issuance of the obligations and financing
charges and fees and expenses of financial advisers and
consultants in connection therewith, interest on obligations from
the date thereof to the time when interest is to be covered from
sources other than proceeds of obligations, amounts that represent the portion of investment earnings to be rebated or to be paid to the federal government in order to maintain the exclusion from gross income for federal income tax purposes of interest on those obligations pursuant to section 148(f) of the Internal Revenue Code, amounts necessary to
establish reserves as required by the resolutions or the
obligations, trust agreements, or indentures, costs of audits,
the
reimbursement of all moneys advanced or applied by or
borrowed
from any governmental entity, whether to or by the
authority or
others, from whatever source provided, for the
payment of any item
or items of cost of the capital facilities,
any share of the cost
undertaken by the authority pursuant to
arrangements made with
governmental entities under division (J)
of section 152.21 of the
Revised Code, and all other expenses
necessary or incident to assessing,
planning, or determining the feasibility
or practicability with
respect to capital facilities, and such
other expenses as may be
necessary or incident to the assessment, planning,
acquisition, construction,
reconstruction, rehabilitation,
remodeling, renovation,
enlargement, improvement, alteration,
maintenance, equipment,
furnishing, repair, painting, decoration, management, or
operation
of capital facilities, the financing thereof and the
placing of
the same in use and operation, including any one, part
of, or
combination of such classes of costs and expenses.
(6) "Governmental entity" means any state agency,
municipal
corporation, county, township, school district, and any
other
political subdivision or special district in this state
established pursuant to law, and, except where otherwise
indicated, also means the United States or any of the states or
any department, division, or agency thereof, and any agency,
commission, or authority established pursuant to an interstate
compact or agreement.
(7) "Governing body" means:
(a) In the case of a county, the board of county
commissioners or other legislative authority; in the case of a
municipal corporation, the legislative authority; in the case of
a
township, the board of township trustees; in the case of a
school
district, the board of education;
(b) In the case of any other governmental entity, the
officer, board, commission, authority, or other body having the
general management of the entity or having jurisdiction or
authority in the particular circumstances.
(8) "Available receipts" means fees, charges, revenues,
grants, subsidies, income from the investment of moneys, proceeds
from the sale of goods or services, and all other revenues or
receipts received by or on behalf of any state agency for which
capital facilities are financed with obligations issued under
Chapter 152. of the Revised Code, any state agency participating
in
capital facilities pursuant to section 152.33 of the Revised
Code, or any state
agency by which the
capital facilities are
constructed or financed; revenues or
receipts derived by the
authority from the operation, leasing, or
other disposition of
capital facilities, and the proceeds of
obligations issued under
Chapter 152. of the Revised Code; and
also any moneys appropriated
by a governmental entity, gifts,
grants, donations, and pledges,
and receipts therefrom, available
for the payment of bond service
charges on such obligations.
(B) Pursuant to the powers granted to the general assembly
under Section 2i of Article VIII, Ohio Constitution, to authorize
the issuance of revenue obligations and other obligations, the
owners or holders of which are not given the right to have
excises
or taxes levied by the general assembly for the payment
of
principal thereof or interest thereon, the Ohio building
authority
may issue obligations, in accordance with Chapter 152.
of the
Revised Code, and shall cause the
net proceeds thereof, after any
deposits of accrued interest for the payment of bond service
charges and after any deposit of all or such lesser portion as the
authority may direct of the premium received upon the sale of
those obligations for the payment of the bond service charges, to
be
applied to the costs of capital facilities designated by or
pursuant to act of the general assembly for housing state
agencies
as authorized by Chapter 152. of the Revised Code. The
authority
shall provide by resolution for the issuance of such
obligations.
The bond service charges and all other payments
required to be
made by the trust agreement or indenture securing
such obligations
shall be payable solely from available receipts
of the authority
pledged thereto as provided in such resolution.
The available
receipts pledged and thereafter received by the
authority are
immediately subject to the lien of such pledge
without any
physical delivery thereof or further act, and the
lien of any such
pledge is valid and binding against all parties
having claims of
any kind against the authority, irrespective of
whether those
parties have notice thereof, and creates a
perfected security
interest for all purposes of Chapter 1309. of
the Revised Code and
a perfected lien for purposes of any real
property interest, all
without the necessity for separation or
delivery of funds or for
the filing or recording of the
resolution, trust agreement,
indenture, or other agreement by
which such pledge is created or
any certificate, statement, or
other document with respect
thereto; and the pledge of such
available receipts is effective
and the money therefrom and
thereof may be applied to the purposes
for which pledged. Every
pledge, and every covenant and agreement
made with respect to the
pledge, made in the resolution may
therein be extended to the
benefit of the owners and holders of
obligations authorized by
Chapter 152. of the Revised Code, and to
any trustee therefor,
for the further securing of the payment of
the bond service
charges, and all or any rights under any
agreement or lease made
under this section may be assigned for
such purpose. Obligations
may be issued at one time or from time
to time, and each issue
shall be dated, shall mature at such time
or times as determined
by the authority not exceeding forty years
from the date of
issue, and may be redeemable before maturity at
the option of the
authority at such price or prices and under such
terms and
conditions as are fixed by the authority prior to the
issuance of
the obligations. The authority shall determine the
form of the
obligations, fix their denominations, establish their
interest
rate or rates, which may be a variable rate or rates, or
the
maximum interest rate, and establish within or without this
state
a place or places of payment of bond service
charges.
(C) The obligations shall be signed by the authority
chairperson,
vice-chairperson, and secretary-treasurer, and the
authority seal shall be affixed. The signatures may be facsimile
signatures and the seal affixed may be a facsimile seal, as
provided by resolution of the authority. Any coupons attached
may
bear the facsimile signature of the chairperson. In case any
officer who has signed any obligations, or caused the officer's
facsimile
signature to be affixed thereto, ceases to be such
officer before
such obligations have been delivered, such
obligations may,
nevertheless, be issued and delivered as though
the person who
had signed the obligations or caused the person's
facsimile
signature to be affixed thereto had not ceased to be
such officer.
Any obligations may be executed on behalf of the authority
by
an officer who, on the date of execution, is the proper
officer
although on the date of such obligations such person was
not the
proper officer.
(D) All obligations issued by the authority shall have all
the qualities and incidents of negotiable instruments and may be
issued in coupon or in registered form, or both, as the authority
determines. Provision may be made for the registration of any
obligations with coupons attached thereto as to principal alone
or
as to both principal and interest, their exchange for
obligations
so registered, and for the conversion or reconversion
into
obligations with coupons attached thereto of any obligations
registered as to both principal and interest, and for reasonable
charges for such registration, exchange, conversion, and
reconversion. The authority may sell its obligations in any
manner and for such prices as it determines, except that the
authority shall sell obligations sold at public or private sale
in
accordance with section 152.091 of the Revised Code.
(E) The obligations of the authority, principal, interest,
and any proceeds from their sale or transfer, are exempt from all
taxation within this state.
(F) The authority is authorized to issue revenue
obligations
and other obligations under Section 2i of Article
VIII, Ohio
Constitution, for the purpose of paying the cost of
capital
facilities for housing of branches and agencies of state
government, including capital facilities for the purpose of
housing personnel, equipment, or functions, or any combination
thereof that the state agencies are responsible for housing, as
are authorized by Chapter 152. of the Revised Code, and that are
authorized by the general assembly by the appropriation of lease
payments or other moneys for such capital facilities or by any
other act of the general assembly, but not including the
appropriation of moneys for feasibility studies for such capital
facilities. This division does not authorize the authority to
issue obligations pursuant to Section 2i of Article VIII, Ohio
Constitution, to pay the cost of capital facilities for mental
hygiene and retardation, parks and recreation, or state-supported
or state-assisted institutions of higher education.
Sec. 152.18. Whenever the Ohio building authority constructs, reconstructs,
rehabilitates, remodels, renovates, enlarges, improves,
alters, maintains, equips, furnishes, repairs,
paints, or decorates capital facilities pursuant to
section 152.19, 152.21, or 152.31 of the Revised Code or buildings,
facilities, and other properties for use and occupancy of persons
pursuant to section 152.04 of the Revised Code, the authority
shall make the necessary plans and specifications, and shall advertise for
bids for all work to be placed under contract once a week for two consecutive
weeks in
a newspaper of general circulation in the county within which the
work is to be done, and shall award the contract to the lowest
responsive and responsible bidder in accordance with section
9.312 of the Revised Code. When the authority determines,
subject to approval by the controlling board, that a real and
present emergency exists or if the cost of such a contract does
not exceed fifty thousand dollars, such a contract may be awarded
without advertising and receipt of bids. A bid guaranty pursuant
to sections 153.54 to 153.571 of the Revised Code shall be
required for any contract under this section.
In all other cases of capital facilities financed by the authority, the
construction,
reconstruction, rehabilitation, remodeling, renovation,
enlargement, improvement, alteration,
maintenance, equipment equipping, furnishing, repair,
painting, or decoration of capital facilities by or for the state or any
governmental entity
shall be the responsibility of the department of administrative
services, division of public works, or, with the consent of the department
of administrative services, shall be the responsibility of the state agency
using the capital facility, or the governmental entity with which a state
agency is participating pursuant to section 152.33 of the Revised Code, and
shall be undertaken by the department in compliance with Chapter 153. of the
Revised Code, or by such state agency or governmental entity in accordance
with otherwise applicable law.
Sec. 152.19. (A) The Ohio building authority may assess, plan, acquire,
purchase, construct,
reconstruct, rehabilitate, remodel, renovate,
enlarge, improve, alter, maintain, equip,
furnish, repair, paint, decorate, manage, and
operate capital facilities for the use of state agencies on one or more sites
within the state.
(B) In the exercise of any of the authority granted by division
(A) of this section, the Ohio building authority
may follow the procedures of section 125.81
of the Revised Code.
Sec. 152.21. With respect to capital facilities described
in sections 152.19 and 152.31 of the Revised Code, the Ohio building authority
may:
(A) Acquire, by appropriation subject to Chapter 163. of
the Revised Code, or by gift, grant, lease, or purchase; hold; lease;
mortgage in the case of capital facilities the real property or
interest therein of which was not acquired by the authority
pursuant to sections 152.05 and 152.06 of the Revised Code;
convey; and dispose of real estate and interests in real estate and personal
property suitable for its purposes, including options and rights of first refusal to acquire;
(B) Acquire Assess, plan, acquire, purchase, construct, reconstruct, rehabilitate, remodel,
renovate, enlarge, improve, alter, maintain, equip, furnish, repair, paint,
decorate, and operate capital facilities as provided in sections 152.18,
152.19, and 152.31 of the Revised Code;
(C) Issue obligations to secure funds to accomplish its
purposes as more fully set forth in sections 152.09 to 152.33 of
the Revised Code;
(D) Enter into contracts and execute all instruments
necessary in the conduct of its business;
(E) Fix, alter, and charge rentals for the use and
occupancy of its capital facilities and enter into leases for
such use and occupancy as provided in section 152.24 of the
Revised Code;
(F) Employ financial consultants, appraisers, consulting
engineers, architects, superintendents, managers, construction
and accounting experts, attorneys at law, and other employees and
agents as are necessary, in its judgment, and fix their
compensation;
(G)(1) Manage, allocate space in, and have general custodial care and supervision
of its capital facilities or enter into contracts
with the department of administrative services or the using state agency or
governmental entity for such purposes;.
(2) With respect to any other capital facility, manage, allocate space in, and have general custodial care and supervision of the facility if it contains at least two hundred thousand square feet of space. A state agency or governmental entity that receives the authority's management, general custodial care, and supervision services, or the department of administrative services, shall pay the authority for those services. The authority and the department of administrative services, state agency, or governmental entity shall enter into an agreement that specifies the payment amount.
(H) Pledge, hypothecate, or otherwise encumber all or such
portion as it determines of the available receipts to the payment
of bond service charges on obligations or series of obligations
issued pursuant to Chapter 152. of the Revised Code and for the
establishment and maintenance of any reserves, as provided in the
bond resolution, and make other provisions therein with respect
to such available receipts as authorized by Chapter 152. of the
Revised Code, which shall be controlling notwithstanding any
other provisions of law pertaining thereto, and enter into trust
agreements or indentures for the benefit of holders of its
obligations;
(I) Borrow money or accept advances, loans, gifts, grants,
devises, or bequests from, and enter into contracts or agreements
with, any federal agency or other governmental or private source,
and hold and apply advances, loans, gifts, grants, devises, or
bequests according to the terms thereof. Such advances, loans,
gifts, grants, or devises of real estate may be in fee simple or
of any lesser estate and may be subject to any reasonable
reservations. Any advances or loans received from any federal or
other governmental or private source may be repaid in accordance
with the terms of such advance or loan.
(J) Enter into lawful arrangements with the appropriate
governmental entity for the planning and installation of streets
and sidewalks, public utility facilities, and other necessary
appurtenances to its capital facilities, and grant necessary
easements for such purposes;
(K) Purchase property insurance, including all risk or extended coverage, and boiler, rents,
and public liability insurance for or relating to its property capital facilities;
(L) Establish rules for the use and operation of its
buildings and capital facilities;
(M) Do all other acts necessary to the fulfillment of its
purposes.
Any instrument by which real property is acquired pursuant to this section
shall identify the agency of the state that has the use and benefit of the
real property as specified in section 5301.012 of the Revised Code.
Sec. 152.24. (A) Except as otherwise provided with
respect to leasing of capital facilities in sections 152.241,
152.242, 152.31, and 152.33 of the Revised Code, the department
of administrative services or, with the consent of the department of
administrative services, the state agency using an office facility and related
storage and parking facilities, or participating in such facilities pursuant
to section 152.33 of the Revised Code, shall lease any office facility and
related storage and lparking parking facility acquired, purchased,
constructed, reconstructed, rehabilitated, remodeled, renovated, enlarged, improved, altered, operated, maintained, equipped, furnished, repaired, painted, decorated, or financed by
the Ohio building authority for housing any state agencies. An agreement
between
the authority and the department of
administrative services or such using or participating agency may
provide for the transfer of the
property to the state after bonds and notes issued by the
authority for the purpose of the acquisition, purchase, construction, reconstruction, rehabilitation, remodeling, renovation, enlargement, improvement, alteration, equipping, furnishing, repair, painting, decorating, or financing of
such building or facility have been repaid. A lease between the
authority and the department of administrative services or a using or
participating agency shall be
for a period not exceeding the then current two-year period for
which appropriations have been made by the general assembly to
the department of administrative services and the state agencies
which will occupy or participate in the office facility and related
storage and parking facility being leased, and such lease may contain such
other terms as the department of administrative services, or a using
or participating agency, and the
authority agree notwithstanding any other provision of law,
including provision that rental payments in amounts at least
sufficient to pay bond service charges payable during the current
two-year lease term shall be an absolute and unconditional
obligation of the department of administrative services, or the
using or participating agency, independent of all other duties
under the lease without setoff or deduction or any other similar rights or
defenses. Such an agreement
may provide for renewal of a lease at the end of each
term for another term, not exceeding two years, provided that no
renewal shall be effective until the effective date of an
appropriation enacted by the general assembly from which the
department of administrative services, or the using or participating
agency, may lawfully pay rentals
under such lease. For purposes of this section, the term "lease"
may include, without limitation, any agreement between the
department of administrative services, or the using or participating
agency, and the authority with
respect to any costs of capital facilities to be incurred prior
to land acquisition.
(B) If the director of administrative services or the director of a state
agency using or participating in an office facility and related storage and
parking facility certifies
that space in such facility
acquired, purchased, constructed, reconstructed, rehabilitated, remodeled, renovated, enlarged, improved, altered, operated, maintained, equipped, furnished, repaired, painted, decorated, or financed by the
authority has become unnecessary for state use, the authority may
lease any excess space in such facility and related
storage and parking facility to any governmental entity.
(C) If space in any office facility leased by the
authority to the department of administrative services is not
immediately necessary for state use, the department of
administrative services may exercise its authority under division
(A)(9) of section 123.01 of the Revised Code with respect to such
space.
(D) Capital facilities acquired, purchased, constructed, reconstructed, rehabilitated, remodeled, renovated, enlarged, improved, altered, operated, maintained, equipped, furnished, repaired, painted, decorated, or
financed by the Ohio
building authority, other than any office facility
and related storage and parking facility required to be
leased pursuant to division (A) of this section, shall be leased to the
department of administrative services or to, the state agency
using the capital facilities, or the state agency participating in the capital facilities pursuant to section 152.33
of the Revised Code. The department
of administrative services or the using or participating state agency
may sublease
such capital facilities to other state agencies or other
governmental entities. Such parties, including other state
agencies or state-supported or state-assisted institutions of
higher education, may make other agreements for the use,
construction, or
operation of such capital facilities in any manner permitted by
the lease or agreement with the authority and for the charging,
collection, and deposit of such revenues and receipts of the
using or participating state agency constituting available receipts,
all upon such
terms and conditions as the parties may agree upon and pursuant
to this chapter notwithstanding other provisions of law affecting
the leasing, acquisition, operation, or disposition of capital
facilities by such parties. Any such lease between the authority
and the department of administrative services or a using
or participating state
agency shall be for a period not to exceed the then current
two-year period for which appropriations have been made by the
general assembly to the department of administrative services or
such using or participating state agency. The lease
between the authority and the
department of administrative services or the using or participating
state agency
may provide for renewal of the lease at the end of each term for
another term, not exceeding two years, but no renewal shall be
effective until the effective date of an appropriation enacted by
the general assembly from which the department of administrative
services or the using or participating state agency may lawfully pay
rentals under
such lease. Any such leases, subleases, or agreements may set
forth the responsibilities of the authority, state agencies,
state-supported, or state-assisted institutions of higher
education, or other governmental entities as to the financing, assessment, planning, acquisition, purchase,
construction, reconstruction, rehabilitation, remodeling, renovation, enlargement, improvement, alteration, subleasing, management, operation, maintenance, equipping, furnishing, repair, painting, decorating, and insuring of
such capital facilities and other terms and conditions applicable
thereto, and any other provisions mutually agreed upon for the
purposes of this chapter. Promptly upon execution thereof, a
signed or conformed copy of each such lease or sublease or
agreement, and any supplement thereto, between the authority and
a governmental entity shall be filed by the authority with the
department of administrative services and the director of budget
and management, and, promptly upon execution thereof, a signed or
conformed copy of each such sublease or agreement between two
governmental entities, not including the authority, shall be
filed with the authority and the director of budget and
management. For purposes of this section, the term "lease" may
include, without limitation, any agreement between the department of
administrative services or the state
agency using or participating in such capital facilities and the
authority with respect to any costs of capital facilities to be
incurred prior to land acquisition.
(E) The transfer of tangible personal property by lease
under authority of this chapter is not a sale as used in Chapter
5739. of the Revised Code. Any agreement of a governmental
entity to make rental, use, or other payments or payment of
purchase price, in installments or otherwise, or repayments to or
on account of the authority and the obligations issued by the
authority, shall not be deemed to constitute indebtedness, bonded
or otherwise, or bonds, notes, or other evidence of indebtedness
of such governmental entity for the purpose of Chapter 133. of
the Revised Code or any other purpose; such leases and agreements
requiring payments beyond the current fiscal year are continuing
contracts for the purposes of sections 5705.41 and 5705.44 of the
Revised Code.
(F) Any agreement between the
department of administrative services or the state agency using or
participating in such capital facilities and the authority which that
includes provision for the use of space by such using or participating
state agency or the department of administrative services, even if executed
prior to land acquisition or completion of construction,
improvements, or financing, shall be a lease for purposes of
this chapter and for all other purposes. No such lease need be recorded or
recordable for purposes of determining its validity or legal
sufficiency.
Sec. 152.242. Notwithstanding section 152.24 of the Revised Code, the Ohio
building authority may, with the approval of the office of budget and
management, lease capital facilities to the bureau of workers' compensation.
Upon the repayment of obligations of the authority, including refunding
obligations, issued for the acquisition of any capital facility of the bureau,
the authority shall transfer ownership of the capital facility to the bureau.
Sec. 152.26. In the exercise of its powers under section
152.19, 152.21, or 152.31 of the Revised Code, the Ohio building authority
shall cause bids to be let and awarded for the construction, reconstruction, rehabilitation, remodeling, renovation, enlargement, improvement, alteration,
furnishing, and equipping, repair, painting, and decorating of the buildings and facilities and pay
the costs and supervise the accomplishment thereof, or the
authority may enter into a contract with the administrator of
workers' compensation for the construction of one or more
buildings on one or more sites in the state. If such a building
is constructed by the administrator, it shall be leased to the
authority for leasing, operation, and maintenance by the
authority or subsequent leasing by the authority to the
department of administrative services. Rentals shall be fixed by
the authority in such case so that the costs of construction are
repaid to the state insurance fund with the same average rate of
interest as though state insurance fund moneys were invested in
obligations of the authority.
In the process of inviting bids and awarding contracts, the
authority shall be guided by the procedures set forth in sections
153.01 to 153.20 of the Revised Code.
The department of administrative services and all agencies
of the state government shall cooperate with the authority and
the legislative office building committee in supplying any
services or information and in relocating offices to carry out
this chapter.
Sec. 169.13. (A) All agreements to pay a fee,
compensation, commission, or other remuneration to locate,
deliver, recover, or assist in the recovery of unclaimed funds
reported under section 169.03 of the Revised Code, entered into
within two years immediately after the date a report is filed
under division (C) of section 169.03 of the Revised Code, are
invalid.
(B) An agreement entered into any time after such two-year
period is valid only if both of the following conditions are met:
(1) The aggregate fee, compensation, commission, or other
remuneration agreed upon, paid directly or indirectly, is not in
excess of ten per cent of the amount recovered and paid to the
owner by the auditor director of state budget and management;
(2) The agreement is in writing, signed by the owner, and
discloses all of the following items:
(a) The nature and value of the property;
(b) The amount the owner will receive after the fee or
compensation has been subtracted;
(c) The name and address of the person or entity in
possession of the property.
(C) No person shall receive a fee, compensation,
commission, or other remuneration, or engage in any activity for
the purpose of locating, delivering, recovering, or assisting in
the recovery of unclaimed funds, under an agreement that is
invalid under this section.
(D) Whoever violates division (C) of this section is
guilty of a misdemeanor of the first degree for a first offense and of a
felony
of
the fifth degree for each subsequent offense.
Sec. 184.191. The third frontier research and development taxable bond fund is hereby created in the state treasury. The fund shall consist of the net proceeds of federally taxable obligations issued and sold by the issuing authority pursuant to sections 151.01 and 151.10 of the Revised Code. Investment earnings of the fund shall be credited to the fund. Moneys in the fund shall be used in accordance with sections 184.10 to 184.18 and 184.20 of the Revised Code and for associated administrative expenses.
Sec. 333.02. Before December 1, 2006 June 1, 2007, a board of county commissioners of a county that levies a county sales and use tax may enter into an agreement with any person that proposes to construct an impact facility in the county to provide payments to that person of up to seventy-five per cent of the county sales and use tax collected on each retail sale made by that person at the facility, for a term of up to ten years, or until the person's qualifying investment in the impact facility has been realized through the payments, whichever occurs first.
Sec. 333.04. (A) After review of the items submitted under division (A) of section 333.03 of the Revised Code, and after receipt of the certification from the director of development under division (B) of that section, a board of county commissioners, before December 1, 2006 June 1, 2007, may enter into an agreement under section 333.02 of the Revised Code, provided that the board has determined all of the following:
(1) The proposed impact facility is economically sound;
(2) Construction of the proposed impact facility has not begun prior to the day the agreement is entered into;
(3) The impact facility will benefit the county by increasing employment opportunities and strengthening the local and regional economy; and
(4) Receiving payments from the board of county commissioners is a major factor in the person's decision to go forward with construction of the impact facility.
(B) An agreement entered into under this section shall include all of the following:
(1) A description of the impact facility that is the subject of the agreement, including the existing investment level, if any, the proposed amount of investments, the scheduled starting and completion dates for the facility, and the number and type of full-time equivalent positions to be created at the facility;
(2) The percentage of the county sales and use tax collected at the impact facility that will be used to make payments to the person entering into the agreement;
(3) The term of the payments and the first calendar quarter in which the person may apply for a payment under section 333.06 of the Revised Code;
(4) A requirement that the amount of payments made to the person during the term established under division (B)(3) of this section shall not exceed the person's qualifying investment, and that all payments cease when that amount is reached;
(5) A requirement that the person maintain operations at the impact facility for at least the term established under division (B)(3) of this section;
(6) A requirement that the person annually certify to the board of county commissioners, on or before a date established by the board in the agreement, the level of investment in, the number of employees and type of full-time equivalent positions at, and the amount of county sales and use tax collected and remitted to the tax commissioner or treasurer of state from sales made at, the facility;
(7) A provision stating that the creation of the proposed impact facility does not involve the relocation of more than ten full-time equivalent positions and two million dollars in taxable assets to the impact facility from another facility owned by the person, or a related member of the person, that is located in another political subdivision of this state, other than the political subdivision in which the impact facility is or will be located;
(8) A provision stating that the person will not relocate more than ten full-time equivalent positions and two million dollars in taxable assets to the impact facility from another facility in another political subdivision of this state during the term of the payments without the written approval of the director of development;
(9) A detailed explanation of how the person determined that more than fifty per cent of the visitors to the facility live at least one hundred miles from the facility.
(C) For purposes of this section, the transfer of a full-time equivalent position or taxable asset from another political subdivision in this state to the political subdivision in which the impact facility is or will be located shall be considered a relocation, unless the person refills the full-time equivalent position, or replaces the taxable asset with an asset of equal or greater taxable value, within six months after the transfer. The person may not receive a payment under this chapter for any year in which more than ten relocations occurred without the written consent of the board of county commissioners.
Sec. 340.03. (A) Subject to rules issued by the director
of
mental health after consultation with relevant constituencies
as
required by division (A)(11) of section 5119.06 of the Revised
Code, with regard to mental health services, the board of
alcohol,
drug addiction, and mental health services shall:
(1) Serve as the community mental health planning agency
for
the county or counties under its jurisdiction, and in so
doing it
shall:
(a) Evaluate the need for
facilities and community mental
health
services;
(b)
In cooperation with other local and regional
planning
and funding bodies and with relevant ethnic
organizations,
assess
the community mental health needs, set
priorities, and
develop
plans for the operation of
facilities and
community
mental health
services;
(c) In accordance with guidelines issued by the director
of
mental health after consultation with board representatives,
develop and submit to the department of mental health, no later
than six months prior to the conclusion of the fiscal year in
which the board's current plan is scheduled to expire, a
community
mental health plan listing community mental health
needs,
including the needs of all residents of the district now
residing
in state mental institutions and severely mentally
disabled
adults, children, and adolescents; all children
subject to a
determination made pursuant to section 121.38 of the Revised
Code;
and all
the facilities and community mental health
services that
are or will be
in operation
or provided
during
the
period for
which the plan will be in operation in the
service
district to
meet such needs.
The plan shall include, but not be limited to, a statement
of
which of the services listed in section 340.09 of the Revised
Code
the board intends to provide or purchase, make available. The board must include crisis intervention services for individuals in an emergency situation in the plan and explain how the board intends to make such services available. The plan must also include an explanation of
how
the board intends to make any payments that it may be
required to
pay under section 5119.62 of the Revised Code, a
statement of the
inpatient and community-based services the board
proposes that the
department operate, an assessment of the number
and types of
residential facilities needed, and such other
information as the
department requests, and a budget for moneys
the board expects to
receive. The board shall also submit an
allocation request for
state and federal funds. Within sixty
days after the department's
determination that the plan and
allocation request are complete,
the department shall approve or
disapprove the plan and request,
in whole or in part, according
to the criteria developed pursuant
to section 5119.61 of the
Revised Code. The department's
statement of approval or
disapproval shall specify the inpatient
and the community-based
services that the department will operate
for the board.
Eligibility for financial support shall be
contingent upon an
approved plan or relevant part of a plan.
If the director disapproves all or part of any plan, the
director shall inform the board of the reasons for the disapproval
and of
the criteria that must be met before the plan may be
approved.
The director shall provide the board an opportunity to
present
its case on behalf of the plan. The director shall give
the
board a reasonable time in which to meet the criteria, and
shall
offer the board technical assistance to help it meet the
criteria.
If the approval of a plan remains in dispute thirty days
prior to the conclusion of the fiscal year in which the board's
current plan is scheduled to expire, the board or the director
may
request that the dispute be submitted to a mutually agreed
upon
third-party mediator with the cost to be shared by the board
and
the department. The mediator shall issue to the board and
the
department recommendations for resolution of the dispute.
Prior to
the conclusion of the fiscal year in which the current
plan is
scheduled to expire, the director, taking into
consideration the
recommendations of the mediator, shall make a
final determination
and approve or disapprove the plan, in whole
or in part.
If a board determines that it is necessary to amend a plan
or
an allocation request that has been approved under division
(A)(1)(c) of this section, the board shall submit a proposed
amendment to the director. The director may approve or
disapprove
all or part of the amendment. If the director does
not approve
all or part of the amendment within thirty days after
it is
submitted, the amendment or part of it shall be considered
to have
been approved. The director shall inform the board of the
reasons
for
disapproval of all or part of an amendment and of the criteria
that
must be met before the
amendment may be approved. The
director shall provide the board
an opportunity to present its
case on behalf of the amendment. The director
shall give the
board a reasonable time in which to
meet the criteria, and shall
offer the board technical assistance
to help it meet the criteria.
The board shall implement the plan approved by the
department.
(d) Receive, compile, and transmit to the department of
mental health applications for state reimbursement;
(e) Promote, arrange, and implement working agreements
with
social agencies, both public and private, and with judicial
agencies.
(2) Investigate, or request another agency to investigate,
any complaint alleging abuse or neglect of any person receiving
services from a community mental health agency as defined in
section 5122.01 of the Revised Code, or from a residential
facility licensed under section 5119.22 of the Revised Code. If
the investigation substantiates the charge of abuse or neglect,
the board shall take whatever action it determines is necessary
to
correct the situation, including notification of the
appropriate
authorities. Upon request, the board shall provide
information
about such investigations to the department.
(3)
For the purpose of section 5119.611 of the
Revised Code,
cooperate with the director of mental health in
visiting and
evaluating whether the services of a community mental
health
agency satisfy the certification standards
established by
rules
adopted under that section;
(4) In accordance with criteria established under division
(G) of section 5119.61 of the Revised Code, review and evaluate
the quality, effectiveness, and
efficiency of services provided
through its
community mental
health
plan
and submit its findings
and recommendations to the department of
mental health;
(5) In accordance with section 5119.22 of the Revised
Code,
review applications for residential facility licenses and
recommend to the department of mental health approval or
disapproval of applications;
(6) Audit, in accordance with rules adopted by the auditor
of state pursuant to section 117.20 of the Revised Code, at least
annually all programs and services provided under contract with
the board. In so doing, the board may contract for or employ the
services of private auditors. A copy of the fiscal audit report
shall be provided to the director of mental health, the auditor
of
state, and the county auditor of each county in the board's
district.
(7) Recruit and promote local financial support for
mental
health programs from private and public sources;
(8)(a)
Enter
into contracts with public and private
facilities for the operation of facility services included in the
board's community mental health plan and enter into contracts with
public and private
community
mental health
agencies for the
provision of
community mental
health services
listed in section
340.09 of the
Revised Code and included in the
board's community
mental health
plan.
Contracts with community
mental health
agencies are subject to section 5119.611 of the
Revised Code.
Section 307.86 of the Revised Code does not apply
to
contracts
entered into under this division. In contracting
with
a
community mental health agency, a board
shall
consider the cost
effectiveness of services provided by that
agency and the quality
and continuity of care, and may review cost
elements, including
salary costs, of the services to be provided.
A utilization
review
process shall be established as part of the
contract for
services
entered into between a board and a
community mental health
agency. The board may establish
this process in a way
that is
most effective and efficient
in meeting local needs. In the case
of a
contract with a
community mental health facility, as defined in
section 5111.023 of the Revised Code, to provide
services
listed in
division (B) of that section, the contract
shall
provide for the
facility to be paid in accordance with the
contract entered into between the
departments of
job and
family
services and mental health under
section 5111.91 of the Revised Code and
any rules adopted under division (A) of section
5119.61 of the
Revised Code.
If either the board or a
facility or community mental health
agency
with
which
the board contracts
under division (A)(8)(a)
of this
section proposes not to renew the contract or proposes
substantial
changes in contract terms, the other party shall be
given written
notice at least one hundred twenty days before the
expiration date
of the contract. During the first sixty days of
this one hundred
twenty-day period, both parties shall attempt to
resolve any
dispute through good faith collaboration and
negotiation in order
to continue to provide services to persons
in
need. If the
dispute has not been resolved sixty days before
the
expiration
date of the contract, either party may notify the
department of
mental health of the unresolved dispute. The
director may require
both parties to submit the dispute to a
third
party with the cost
to be shared by the board and the
facility or
community
mental
health
agency. The third party shall issue to
the board,
the
facility or agency,
and the department
recommendations on how the
dispute
may be
resolved twenty days
prior to the expiration date
of the
contract, unless both parties
agree to a time extension.
The
director shall adopt rules
establishing the procedures of this
dispute resolution process.
(b) With the prior approval of the director of mental
health, a board may operate a
facility or provide a community
mental health service as follows, if there
is no other qualified
private or
public
facility or community
mental health agency that
is
immediately available and willing to
operate such
a facility or
provide the service:
(i) In an emergency situation, any board may operate a
facility or provide a community
mental health service in order to
provide
essential services for the duration
of the emergency;
(ii) In a service district with a population of at least
one
hundred thousand but less than five hundred thousand, a board
may
operate a
facility or provide a community mental health service
for no
longer than one year;
(iii) In a service district with a population of less than
one hundred thousand, a board may operate a
facility or provide a
community mental
health
service for no
longer than one year,
except
that such a board may operate a
facility or provide a
community mental health
service for more than one year with the
prior approval of the
director and the prior approval of the board
of county
commissioners, or of a majority of the boards of county
commissioners if the district is a joint-county district.
The director shall not give a board approval to operate
a
facility or provide a community mental health service under
division
(A)(8)(b)(ii) or (iii) of this section
unless the
director
determines that
it is not feasible to have the
department
operate the
facility or provide the service.
The director shall not give a board approval to operate
a
facility or provide a community mental health service under
division
(A)(8)(b)(iii) of this section unless
the director
determines
that the
board will
provide greater
administrative
efficiency and
more or better
services than would
be available if
the board
contracted with a
private or public
facility or
community mental
health
agency.
The director shall not give a board approval to operate
a
facility previously
operated
by
a
person or other government
entity
unless the board has
established to the director's
satisfaction
that the
person or other government entity cannot
effectively
operate the
facility or
that
the
person or other
government entity has requested
the board to take over operation
of the
facility.
The director shall not give a board approval to
provide
a community mental health service previously provided by a
community mental health agency unless the board has established to
the director's satisfaction that the agency cannot effectively
provide the service or that the agency has requested the board
take over providing the service.
The director shall review and evaluate
a board's
operation
of
a facility and provision of community mental
health service
under
division (A)(8)(b) of this section.
Nothing in division (A)(8)(b) of this section authorizes a
board to administer or direct the daily operation of any
facility
or community
mental health agency, but
a facility or agency may
contract with a
board to
receive administrative services or staff
direction from
the board
under the direction of the governing body
of the
facility or agency.
(9) Approve fee schedules and related charges or adopt a
unit cost schedule or other methods of payment for contract
services provided by community mental health agencies in
accordance with guidelines issued by the department as necessary
to comply with state and federal laws pertaining to financial
assistance;
(10) Submit to the director and the county commissioners
of
the county or counties served by the board, and make available
to
the public, an annual report of the programs under the
jurisdiction of the board, including a fiscal accounting;
(11) Establish, to the extent resources are available, a
community support system, which provides for treatment, support,
and rehabilitation services and opportunities. The essential
elements of the system include, but are not limited to, the
following components in accordance with section 5119.06 of the
Revised Code:
(a) To locate persons in need of mental health services to
inform them of available services and benefits mechanisms;
(b) Assistance for clients to obtain services necessary to
meet basic human needs for food, clothing, shelter, medical care,
personal safety, and income;
(c) Mental health care, including, but not limited to,
outpatient, partial hospitalization, and, where
appropriate,
inpatient care;
(d) Emergency services and crisis intervention;
(e) Assistance for clients to obtain vocational services
and
opportunities for jobs;
(f) The provision of services designed to develop social,
community, and personal living skills;
(g) Access to a wide range of housing and the provision of
residential treatment and support;
(h) Support, assistance, consultation, and education for
families, friends, consumers of mental health services, and
others;
(i) Recognition and encouragement of families, friends,
neighborhood networks, especially networks that include racial
and
ethnic minorities, churches, community organizations, and
meaningful employment as natural supports for consumers of mental
health services;
(j) Grievance procedures and protection of the rights of
consumers of mental health services;
(k) Case management, which includes continual
individualized
assistance and advocacy to ensure that needed
services are offered
and procured.
(12) Designate the treatment program, agency,
or
facility
for each person involuntarily committed to the board
pursuant to
Chapter 5122. of the Revised Code and authorize
payment for such
treatment. The board shall provide the least
restrictive and most
appropriate alternative that is available
for
any person
involuntarily committed to it and shall assure
that the
services
listed in section 340.09 of the Revised Code
are
available to
severely mentally disabled persons residing
within
its service
district. The board shall establish the
procedure for
authorizing
payment for services, which may include
prior
authorization in
appropriate circumstances. The board may
provide
for services
directly to a severely mentally disabled
person when
life or
safety is endangered and when no community
mental health
agency is
available to provide the service.
(13) Establish a method for evaluating
referrals for
involuntary commitment and affidavits filed pursuant
to section
5122.11 of the Revised Code in order to assist the
probate
division of the court of common pleas in determining
whether there
is probable cause that a respondent is subject to
involuntary
hospitalization and what alternative treatment is
available and
appropriate, if any;
(14) Ensure that apartments or rooms built,
subsidized,
renovated, rented, owned, or leased by the board or a
community
mental health agency have been approved as meeting
minimum fire
safety standards and that persons residing in the
rooms or
apartments are receiving appropriate and necessary
services,
including culturally relevant services, from a
community mental
health agency. This division does not apply to
residential
facilities licensed pursuant to section 5119.22 of
the Revised
Code.
(15) Establish a mechanism for involvement
of consumer
recommendation and advice on matters pertaining
to mental health
services in the alcohol, drug addiction, and
mental health service
district;
(16) Perform the duties under section 3722.18 of the
Revised
Code required by rules
adopted under section 5119.61 of
the
Revised Code
regarding referrals by the board or mental health
agencies under contract
with the board of individuals with mental
illness
or severe mental disability to adult care facilities and
effective
arrangements for ongoing mental health services for the
individuals. The
board is accountable in the manner specified in
the rules for ensuring that
the ongoing mental health services are
effectively arranged for the
individuals.
(B) The board shall establish such rules, operating
procedures, standards, and bylaws, and perform such other duties
as may be necessary or proper to carry out the purposes of this
chapter.
(C) A board of alcohol, drug addiction, and
mental health
services may receive by gift, grant, devise, or
bequest any
moneys, lands, or property for the benefit of the
purposes for
which the board is established, and may hold and
apply it
according to the terms of the gift, grant, or bequest. All money
received, including accrued interest, by gift, grant,
or bequest
shall be deposited in the treasury of the county, the
treasurer of
which is custodian of the alcohol, drug addiction,
and mental
health services funds to the credit of the board and
shall be
available for use by the board for purposes stated by
the donor or
grantor.
(D) No board member or employee of a board of alcohol,
drug
addiction, and mental health services shall be liable for
injury
or damages caused by any action or inaction taken within
the scope
of the board member's official duties or the
employee's
employment, whether or not such action or inaction is expressly
authorized by this section, section 340.033, or any other section
of the
Revised Code, unless such action or inaction constitutes
willful or wanton
misconduct. Chapter 2744. of the Revised Code
applies to any action or
inaction by a board member or employee of
a board taken within the scope of
the board member's official
duties or employee's employment. For the purposes
of this
division, the conduct of a board member or employee shall
not be
considered willful or wanton misconduct if the board
member or
employee acted in good faith and in a manner that the
board member
or employee
reasonably believed was in or was not opposed to the
best
interests of the board and, with respect to any criminal
action
or proceeding, had no reasonable cause to believe the
conduct was unlawful.
(E) The meetings held by any committee established by a
board of alcohol, drug addiction, and mental health services
shall
be considered to be meetings of a public body subject to
section
121.22 of the Revised Code.
Sec. 340.09. The department of mental health shall provide
assistance to any county for the operation of boards of alcohol,
drug addiction, and mental health services and the provision of
the following services from funds appropriated for that purpose
by the general assembly:
(C) Partial hospitalization;
(F) Mental health education and other preventive services;
(J)(K) Referral and information;
(N)(O) Service and program evaluation;
(O)(P) Community support system;
(Q)(R) Residential housing;
(R)(S) Other services approved by the board and the director
of mental health.
Sec. 340.12. No board of alcohol, drug addiction, and
mental health services or any agency, corporation, or association
under contract with such a board shall discriminate in the
provision of services under its authority, in employment, or
contract on the basis of race, color, sex, creed, disability, or
national origin, or the inability to pay.
Each board, each community mental health agency, and each
alcohol and drug addiction program shall have a written
affirmative action program. The affirmative action program shall
include goals for the employment and effective utilization of,
including contracts with, members of economically disadvantaged
groups as defined in division (E)(1) of section 122.71 of the
Revised Code in percentages reflecting as nearly as possible the
composition of the alcohol, drug addiction, and mental health
service district served by the board. Each board, agency, and
program shall file a description of the affirmative action
program and a progress report on its implementation with the
department of mental health or the department of alcohol and drug
addiction services.
Sec. 715.70. (A) This section and section 715.71 of the
Revised
Code apply only to:
(1) Municipal corporations and townships within a county
that
has adopted a charter under Sections 3 and 4 of Article X,
Ohio
Constitution;
(2) Municipal corporations and townships that have created a
joint
economic development district comprised entirely of real
property
owned by a municipal corporation at the time the district
was created under
this section. The real property owned by the
municipal corporation shall include an airport owned by the
municipal corporation and located entirely beyond the municipal
corporation's corporate boundary.
(3) Municipal corporations or townships that are part of or
contiguous to a
transportation improvement district created under
Chapter 5540.
of the Revised Code and that have created a joint
economic development
district under this section or section 715.71
of the Revised Code prior to
November 15, 1995;
(4) Municipal corporations that have previously entered
into
a contract creating a joint economic development district
pursuant
to division (A)(2) of this section,
even if the territory to be
included in the district does not
meet the requirements of that
division.
(B)(1) One or more municipal corporations and one or more
townships may enter into a contract approved by the legislative
authority of each contracting party pursuant to which they create
as a joint economic development district an area or areas for the
purpose of facilitating economic development to create or
preserve
jobs and employment opportunities and to improve the
economic
welfare of the people in the state and in the area of
the
contracting parties. A municipal corporation described
in
division (A)(4) of
this section may enter into a contract with
other municipal
corporations and townships to create a new joint
economic
development district. In a district that includes a
municipal
corporation described in division (A)(4) of
this
section, the territory of each of the contracting parties
shall be
contiguous to the territory of at least one other
contracting
party, or contiguous to the territory of a township
or municipal
corporation that is contiguous to another
contracting party, even
if the intervening township or municipal
corporation is not a
contracting party. The area or areas of land
to be
included in
the district shall not include any parcel of land
owned in fee by
a municipal corporation or a township or parcel
of land that is
leased to a municipal corporation or a township,
unless the
municipal corporation or township is a party to the
contract or
unless the municipal corporation or township has
given its consent
to have its parcel of land included in the
district by the
adoption of a resolution. As used in this
division, "parcel of
land" means any parcel of land owned by a
municipal corporation or
a township for at least a six-month
period within a five-year
period prior to the creation of a
district, but "parcel of land"
does not include streets or public
ways and sewer, water, and
other utility lines whether owned in
fee or otherwise.
The district created shall be located within the territory
of
one or more of the participating parties and may consist of
all or
a portion of such territory. The boundaries of the
district shall
be described in the contract or in an addendum to
the contract.
(2) Prior to the public hearing to be held pursuant to
division
(D)(2) of this section, the participating parties shall
give a
copy of the proposed contract to each municipal corporation
located within one-quarter mile of the proposed joint economic
development
district and not
otherwise a party to the contract,
and afford the municipal
corporation the reasonable opportunity,
for a period of thirty
days following receipt of the proposed
contract, to make comments
and suggestions to the participating
parties regarding elements
contained in the proposed contract.
(3) The district shall not exceed two thousand acres in
area. The territory
of the district shall not completely surround
territory that is not included within the boundaries of the
district.
(4) Sections 503.07 to 503.12 of the Revised Code do not
apply
to territory included within a district created pursuant to
this
section as long as the contract creating the district is in
effect, unless the legislative authority of each municipal
corporation and the board of township trustees of each township
included in the district consent, by ordinance or resolution, to
the application of those sections of the Revised Code.
(5) Upon the execution of the contract creating the district
by
the parties to the contract, a participating municipal
corporation or township included within the district shall file a
copy of the fully executed contract with the county recorder of
each county
within which a party to the contract is located, in
the miscellaneous records
of the county. No annexation
proceeding
pursuant to Chapter 709. of the Revised Code that
proposes the
annexation to, merger, or consolidation with a
municipal
corporation of any unincorporated territory within the
district
shall be commenced for a period of three years after the
contract
is filed with the county recorder of each county within which a
party
to the contract is located unless each board of
township
trustees whose territory is included, in whole or part,
within the
district and the territory proposed to be annexed,
merged, or
consolidated adopts a resolution consenting to the
commencement of
the proceeding and a copy of the resolution is
filed with the
legislative authority of each county
within which a party to the
contract is located or
unless the contract is terminated during
this period.
The contract entered into between the municipal
corporations
and townships pursuant to this section may provide
for the
prohibition of any annexation by the participating
municipal
corporations of any unincorporated territory within the
district
beyond the three-year mandatory prohibition of any
annexation
provided for in division (B)(5) of this section.
(C)(1) After the legislative authority of a municipal
corporation and the board of township trustees have adopted an
ordinance and resolution approving a contract to create a joint
economic development district pursuant to this section, and after
a contract has been signed, the municipal corporations and
townships shall jointly file a petition with the legislative
authority of each county within which a party to the contract is
located.
(a) The petition
shall contain all of the following:
(i) A statement that the area or areas of the
district is
not
greater than two thousand acres and is located within the
territory of one or more of the contracting parties;
(ii) A brief summary of the services to be provided by
each
party to the contract or a reference to the portion of the
contract
describing those services;
(iii) A description of the area or
areas to be designated as
the district;
(iv) The signature of a representative of each of the
contracting parties.
(b) The following documents shall be filed with the
petition:
(i) A signed copy of the contract, together with copies of
district maps and plans related to or part of the contract;
(ii) A certified copy of the ordinances and resolutions of
the
contracting parties approving the contract;
(iii) A certificate from each of the contracting parties
indicating that the public hearings required by division (D)(2) of
this section have been held, the date of the hearings, and
evidence of
publication of the notice of the hearings;
(iv) One or more signed
statements of persons who are
owners
of property located in whole or in part within the area to be
designated as
the district, requesting that
the property be
included within the district, provided that those statements
shall
represent a majority of the persons owning property located in
whole or
in part within the district and persons owning a majority
of
the acreage located within the
district. A signature may be
withdrawn by the signer up to but not after
the time of the public
hearing required by division (D)(2) of this
section.
(2) The legislative authority of each county within which a
party to the
contract is located shall adopt a
resolution
approving the petition for the creation of the
district if the
petition and other documents have been filed
in accordance with
the requirements of division
(C)(1) of this section. If the
petition and other documents
do not substantially meet the
requirements of
that division, the legislative authority of any
county within which a party to
the contract is located may adopt a
resolution disapproving the petition for
the creation of the
district. The legislative authority of each county within
which a
party to the contract is located shall adopt a resolution
approving or
disapproving the petition
within thirty days after
the
petition was filed. If the legislative
authority of each such
county does not adopt the
resolution within the thirty-day period,
the
petition shall be deemed approved and the contract shall go
into
effect immediately after that
approval or at such other time
as the contract specifies.
(D)(1) The contract creating the district shall set forth
or
provide for the amount or nature of the contribution of each
municipal corporation and township to the development and
operation of the district and may provide for the sharing of the
costs of the operation of and improvements for the district. The
contributions may be in any form to which the contracting
municipal corporations and townships agree and may include but
are
not limited to the provision of services, money, real or
personal
property, facilities, or equipment. The
contract may provide for
the contracting parties to
share revenue from taxes levied on
property by one or more of
the contracting parties if those
revenues may lawfully be
applied to that purpose under the
legislation by which those
taxes are levied. The contract shall
provide for new, expanded, or additional services, facilities, or
improvements, including expanded or additional capacity for or
other enhancement of existing services, facilities, or
improvements, provided that those services, facilities, or
improvements, or expanded or additional capacity for or
enhancement of existing services, facilities, or improvements,
required herein have been provided within the two-year period
prior to the execution of the contract.
(2) Before the legislative authority of a municipal
corporation or a board of township trustees passes any ordinance
or resolution approving a contract to create a joint economic
development district pursuant to this section, the legislative
authority of the municipal corporation and the board of township
trustees shall each hold a public hearing concerning the joint
economic development district contract and shall provide thirty
days' public notice of the time and place of the public hearing
in
a newspaper of general circulation in the municipal
corporation
and the township. The board of township trustees
may provide
additional notice to township residents
in accordance with
section
9.03 of the Revised Code, and any
additional
notice shall
include
the public hearing announcement; a summary of the terms of
the
contract; a statement that the entire
text of the
contract and
district maps and plans are on file for public
examination in the
office of the township
fiscal officer; and information
pertaining to any tax changes
that will or may occur as a
result
of the contract.
During the thirty-day period prior to the public hearing, a
copy of the text of the contract together with copies of district
maps and plans related to or part of the contract shall be on
file, for public examination, in the offices of the clerk of the
legislative authority of the municipal corporation and of the
township
fiscal officer. The public hearing provided for in
division (D)(2) of this
section shall allow for public comment and
recommendations from the
public on the proposed contract. The
contracting parties may include in
the contract any of those
recommendations prior to the approval of the
contract.
(3) Any resolution of the board of township trustees that
approves a contract that creates a joint economic development
district pursuant to this section shall be subject to a
referendum
of the electors of the township. When a referendum
petition,
signed by ten per cent of the number of electors in the
township
who voted for the office of governor at the most
recent general
election for the office of governor, is
presented to the board of
township trustees within thirty days
after the board of township
trustees adopted the resolution,
ordering that the resolution be
submitted to the electors of the
township for their approval or
rejection, the board of township
trustees shall, after ten days
and not later than four p.m. of
the seventy-fifth day before the
election, certify the text of
the resolution to the board of
elections. The board of elections
shall submit the resolution to
the electors of the township for
their approval or rejection at
the next general,
primary, or special election occurring
subsequent to
seventy-five days after the certifying of the
petition to the
board of elections.
(4) Upon the creation of a district under this section or
section
715.71 of the Revised Code, one of the contracting parties
shall file a copy of the following
with the director of
development:
(a) The petition and other documents described in division
(C)(1) of this section, if the district is created under this
section;
(b) The documents described in division (D) of section
715.71 of the Revised Code, if the district is created under this
section.
(E) The district created by the contract shall be governed
by a board of directors that shall be established by or pursuant
to the contract. The board is a public body for the purposes of
section 121.22 of the Revised Code. The provisions of Chapter
2744. of the Revised Code apply to the board and the district.
The
members of the board shall be appointed as provided in the
contract from among the elected members of the legislative
authorities and the elected chief executive officers of the
contracting parties, provided that there shall be at least two
members appointed from each of the contracting parties.
(F) The contract shall enumerate the specific powers,
duties, and functions of the board of directors of a district,
and
the contract shall provide for the determination of
procedures
that are to govern the board of directors. The
contract may grant
to the board the power to adopt a resolution to levy an
income tax
within the district. The income tax shall be used for the
purposes of the district and for the purposes of the contracting
municipal corporations and townships pursuant to the contract.
The
income tax
may be levied in the district based on income
earned by
persons working or residing within the district and
based on the
net profits of businesses located in the
district.
The
income tax
shall follow the provisions of Chapter
718. of the
Revised Code,
except
that a vote shall be required by the electors
residing in
the
district to approve the rate of income tax. If no
electors
reside within the district, then division (F)(4) of this
section
applies. The rate of the income tax shall be no higher
than the
highest rate being levied by a municipal corporation that
is a
party to the contract.
(1) Within one hundred eighty days after the first meeting
of the board of directors, the board may levy an income tax,
provided
that the rate of the income tax is first submitted to and
approved by the electors of the district at the succeeding
regular
or primary election, or a special election called by the
board,
occurring subsequent to seventy-five days after a
certified copy
of the resolution levying the income tax and
calling for the
election is filed with the board of elections. If the voters
approve the levy of the income tax, the income tax
shall be in
force for the full period of the contract
establishing the
district. Any increase in the rate of an income
tax that was
first levied within one hundred eighty days after
the first
meeting of the board of directors shall be approved by
a vote of
the electors of the district, shall be in force
for
the remaining
period of the contract establishing the district, and
shall not be
subject to division (F)(2) of this section.
(2) Any resolution of the board of directors levying an
income tax that is adopted subsequent to one hundred eighty days
after the first meeting of the board of directors shall be
subject
to a referendum as provided in division (F)(2) of this
section.
Any resolution of the board of directors levying an
income tax
that is adopted subsequent to one hundred eighty days
after the
first meeting of the board of directors shall be
subject to an
initiative proceeding to amend or repeal the
resolution levying
the income tax as provided in division (F)(2)
of this section.
When a referendum petition, signed by ten per
cent of the number
of electors in the district who voted for the
office of governor
at the most recent general election for the
office of governor, is
filed with the county auditor of each county within
which a party
to the contract is located within
thirty days after the resolution
is adopted by the board or when
an initiative petition, signed by
ten per cent of the number of
electors in the district who voted
for the office of governor at
the most recent general election for
the office of governor,
is filed with the county auditor of each
such county ordering that a
resolution to
amend or repeal a prior
resolution levying an income tax be
submitted to the electors
within the district for their approval
or rejection, the county
auditor of each such county, after ten days and not
later than
four p.m. of the seventy-fifth day before the
election, shall
certify the text of the resolution to the board of
elections of
that county. The county auditor of each such county shall retain
the petition. The
board of elections shall submit the resolution
to such electors,
for their approval or rejection, at the next
general,
primary, or special election occurring subsequent to
seventy-five days after the certifying of such petition to the
board of elections.
(3) Whenever a district is located in the territory of
more
than one contracting party, a majority vote of the electors, if
any,
in each of the several portions of the territory of the
contracting parties constituting the district approving the levy
of the tax is required before it may be imposed pursuant to this
division.
(4) If there are no electors residing in the district, no
election for the approval or rejection of an income tax shall be
held pursuant to this section, provided that where no electors
reside in the district, the maximum rate of the income tax that
may be levied shall not exceed one per cent.
(5) The board of directors of a district levying an income
tax shall enter into an agreement with one of the municipal
corporations that is a party to the contract to administer,
collect, and enforce the income tax on behalf of the district.
The
resolution levying the income tax shall provide the same
credits,
if any, to residents of the district for income taxes
paid to
other such districts or municipal corporations where the
residents
work, as credits provided to residents of the municipal
corporation administering the income tax.
(6)(a) The board shall publish or post public notice
within
the district of any resolution adopted levying an income
tax in
the same manner required of municipal corporations under
sections
731.21 and 731.25 of the Revised Code.
(b) Except as otherwise specified by this division, any
referendum or initiative proceeding within a district shall be
conducted in the same manner as is required for such proceedings
within a municipal corporation pursuant to sections 731.28 to
731.40 of the Revised Code.
(G) Membership on the board of directors does not
constitute
the holding of a public office or employment within
the meaning of
any section of the Revised Code or any charter
provision
prohibiting the holding of other public office or
employment, and
shall not constitute an interest, either direct
or indirect, in a
contract or expenditure of money by any
municipal corporation,
township, county, or other political
subdivision with which the
member may be connected. No member of
a board of directors shall
be disqualified from holding any
public office or employment, nor
shall such member forfeit or be
disqualified from holding any such
office or employment, by
reason of the member's membership on the
board of directors,
notwithstanding any law or charter provision
to the contrary.
(H) The powers and authorizations granted pursuant to this
section or section 715.71 of the Revised Code are in addition to
and not in
derogation of all other
powers granted to municipal
corporations and townships pursuant
to law. When exercising a
power or performing a function or duty
under a contract authorized
pursuant to this section or section 715.71 of the
Revised Code, a
municipal
corporation may exercise all of the powers of a
municipal
corporation, and may perform all the functions and
duties of a
municipal corporation, within the district, pursuant
to and to
the extent consistent with the contract. When
exercising a power
or performing a function or duty under a
contract authorized
pursuant to this section or section 715.71 of
the Revised Code, a township may
exercise all of the
powers of a
township, and may perform all the functions and
duties of a
township, within the district, pursuant to and to the
extent
consistent with the contract. The district board of
directors has
no powers except those specifically set forth in
the contract as
agreed to by the participating parties. No
political subdivision
shall authorize or grant any tax
exemption
pursuant to Chapter
1728. or section 3735.67, 5709.62,
5709.63, or 5709.632 of the
Revised Code on any
property located within the
district, except
that a political subdivision that is a contracting
party may grant
a tax exemption under section 5709.62, 5709.63, or 5709.632
of the
Revised Code on property located within the district, with the
consent of the other
contracting parties. The prohibition for any
tax exemption
pursuant to this division shall not apply to any
exemption filed,
pending, or approved, or for which an agreement
has been entered
into, before the effective date of the contract
entered into
by the parties.
(I) Municipal corporations and townships may enter into
binding agreements pursuant to a contract authorized under this
section or section 715.71 of the Revised Code with respect to the
substance
and administration of
zoning and other land use
regulations, building codes, public
permanent improvements, and
other regulatory and proprietary
matters that are determined,
pursuant to the contract, to be for
a public purpose and to be
desirable with respect to the
operation of the district or to
facilitate new or expanded
economic development in the state or
the district, provided that
no contract shall exempt the territory
within the district from
the procedures and processes of land use
regulation applicable
pursuant to municipal corporation, township,
and county
regulations, including but not limited to procedures
and
processes concerning zoning.
(J) A contract entered into pursuant to this section or
section 715.71 of the
Revised Code may
be amended and it may be
renewed, canceled, or terminated as
provided in or pursuant to the
contract. The contract may be amended to
add property owned by
one of the contracting parties to the district, or may
be amended
to delete property from the district whether or not one of the
contracting parties owns the deleted property. The contract shall
continue in existence throughout its term and shall be binding on
the contracting parties and on any entities succeeding to such
parties, whether by annexation, merger, or otherwise. The income
tax levied by the board pursuant to this section or section 715.71
of the
Revised Code shall apply in
the entire district throughout
the term of the contract,
notwithstanding that all or a portion of
the district becomes
subject to annexation, merger, or
incorporation. No township or
municipal corporation is divested
of its rights or obligations
under the contract because of
annexation, merger, or succession
of interests.
(K) After the creation of a joint economic development
district
described in division (A)(2) of this section, a municipal
corporation
that is a contracting party may cease to own property
included in the
district, but such property shall continue to be
included in the district and
subject to the terms of the contract.
Sec. 715.81. The powers granted under sections 715.72 to 715.81 of the
Revised Code are in addition to and not in the derogation of all other powers
granted to municipal corporations and townships pursuant to law. When
exercising a power or performing a
function or duty under a contract entered into under section 715.72 of the
Revised Code, a municipal corporation may exercise all of the powers of a
municipal corporation, and may perform all the functions and duties of a
municipal corporation, within the joint economic development district,
pursuant to and
to the extent consistent with the contract. When exercising a power or
performing a function or duty under a contract entered into under
either section 715.72 or section 715.691 of the Revised Code, a
township may exercise all of the powers of a township, and may perform all the
functions and duties of a township, within the joint economic development
district, or joint economic development zone that is subject to division
(I)(2) of section 715.691 of the Revised Code, pursuant to and to the
extent consistent with the contract. No
political subdivision shall grant any tax exemption under Chapter
1728. or section 3735.67, 5709.62, 5709.63, or 5709.632 of the Revised Code on
any property located within the district, or zone that is subject to
division (I)(2) of section 715.691 of the Revised Code, except that a
political subdivision that is a contracting party may grant a tax exemption
under section 5709.62, 5709.63, or 5709.632 of the Revised Code on property
located within the district, or zone that is
subject to division (I)(2) of section 715.691 of the Revised Code, with
the consent of the other contracting parties. The
prohibition against granting a tax exemption under this section does not apply
to any exemption filed, pending, or approved before the effective date of the
contract entered into under either section 715.72 or section
715.691 of the Revised Code.
Sec. 1520.02. (A) The director of natural resources has
exclusive authority to administer, manage, and establish policies
governing canal lands.
(B)(1) Except as provided in division (C) of this section,
the director may sell, lease, exchange, give, or grant all or
part of the state's interest in any canal lands in accordance
with section 1501.01 of the Revised Code. The director may
stipulate that an appraisal or survey need not be conducted for,
and may establish any terms or conditions that the director
determines appropriate for, any such conveyance.
Prior to proposing the conveyance of any canal lands, the director shall consider the local government needs and economic development potential with respect to the canal lands and the recreational, ecological, and historical value of the canal lands. In addition, the conveyance of canal lands shall be conducted in accordance with the director's policies governing the protection and conservation of canal lands established under this section.
(2) With regard to
canal lands, the chief of the division of water, with the
approval of the director, may sell, lease, or transfer minerals
or mineral rights when the chief and the director determine that
the sale, lease, or transfer is in the best interest of the
state. Consideration for minerals and mineral rights shall be
by rental or on a royalty basis as prescribed by the chief and
payable as prescribed by contract. Moneys collected under
division (B)(2) of this section
shall be paid into the state treasury to the credit of the canal
lands fund created in section 1520.05 of the
Revised
Code.
(C)(1) Not later than one year after July 1, 1989, the
director of transportation and the director of the Ohio
historical society shall identify all canal lands that
are or may be of use to any program operated by the department of
transportation or the Ohio historical society, respectively, and
shall notify the director of natural resources of those lands.
The director of natural resources may transfer any canal lands so
identified to the exclusive care, custody, and control of the
department of transportation or the Ohio historical society, as
applicable, by means of a departmental transfer not later than
six months after receiving notification under division (C)(1) of
this section.
(2) The director of natural resources may transfer to the
Ohio historical society any equipment, maps, and records used on
or related to canal lands that are of historical interest and
that are not needed by the director to administer this chapter.
(D) If the director of natural resources determines that
any canal lands are a necessary part of a county's drainage or
ditch system and are not needed for any purpose of the department
of natural resources, the director may sell, grant, or otherwise
convey those canal lands to that county in accordance with
division (B) of this section. The board of county commissioners
shall accept the transfer of canal lands.
(E) Notwithstanding any other section of the Revised Code,
the county auditor shall transfer any canal lands conveyed under
this section, and the county recorder shall record the deed for
those lands in accordance with section 317.12 of the Revised
Code. This division does not apply to canal lands transferred
under division (C)(1) of this section.
Sec. 2301.02. The number of judges of the court of common
pleas for each county, the time for the next election of the
judges in the several counties, and the beginning of their terms
shall be as follows:
(A) In Adams, Ashland, Fayette, and Pike counties, one
judge, elected in 1956, term to begin February 9, 1957;
In Brown, Crawford, Defiance, Highland, Holmes, Morgan,
Ottawa, and Union counties, one judge, to be elected in 1954,
term
to begin February 9, 1955;
In Auglaize county, one judge, to be elected in 1956, term
to
begin January 9, 1957;
In Coshocton, Darke, Fulton, Gallia, Guernsey, Hardin,
Jackson, Knox, Madison, Mercer, Monroe, Paulding,
Vinton, and Wyandot counties, one judge, to be elected in 1956,
term to begin January 1, 1957;
In Morrow county, two judges, one to be elected in 1956, term to begin January 1, 1957, and one to be elected in 2006, term to begin January 1, 2007;
In Logan county, two judges, one to be elected in 1956, term to begin January 1, 1957, and one to be elected in 2004, term to begin January 2, 2005;
In Carroll, Champaign, Clinton, Hocking, Meigs, Pickaway,
Preble, Shelby, Van Wert, and Williams counties, one judge, to be
elected in 1952, term to begin January 1, 1953;
In Harrison and Noble counties, one judge, to be elected in
1954, term to begin April 18, 1955;
In Henry county, two judges, one to be elected in 1956, term to begin May 9, 1957, and one to be elected in 2004, term to begin January 1, 2005;
In Putnam county, one judge, to be elected in
1956, term to begin May 9, 1957;
In Huron county, one judge, to be elected in 1952, term to
begin May 14, 1953;
In Perry county, one judge, to be elected in 1954, term to
begin July 6, 1956;
In Sandusky county, Ftwo two judges, one to be elected in 1954,
term to begin February 10, 1955, and one to be elected in 1978,
term to begin January 1, 1979;
(B) In Allen county, three judges, one to be elected in
1956, term to begin February 9, 1957, the second to be elected in
1958, term to begin January 1, 1959, and the third to be elected
in 1992, term to begin January 1, 1993;
In Ashtabula county, three judges, one to be elected in
1954,
term to begin February 9, 1955, one to be elected in 1960,
term to
begin January 1, 1961, and one to be elected in 1978,
term to
begin January 2, 1979;
In Athens county, two judges, one to be elected in 1954,
term
to begin February 9, 1955, and one to be elected in 1990,
term to
begin July 1, 1991;
In Erie county, four judges, one to be elected in 1956, term
to begin January 1, 1957, the second to be elected in 1970,
term to begin January 2, 1971, the third to be elected in 2004, term to begin January 2, 2005, and the fourth to be elected in 2008, term to begin February 9, 2009;
In Fairfield county, three judges, one to be elected in
1954,
term to begin February 9, 1955, the second to be elected in
1970,
term to begin January 1, 1971, and the third to be elected
in
1994, term to begin January 2, 1995;
In Geauga county, two judges, one to be elected in 1956,
term
to begin January 1, 1957, and the second to be elected in
1976,
term to begin January 6, 1977;
In Greene county, four judges, one to be elected in 1956,
term to begin February 9, 1957, the second to be elected in 1960,
term to begin January 1, 1961, the third to be elected in 1978,
term to begin January 2, 1979, and the fourth to be elected in
1994, term to begin January 1, 1995;
In Hancock county, two judges, one to be elected in 1952,
term to begin January 1, 1953, and the second to be elected in
1978, term to begin January 1, 1979;
In Lawrence county, two judges, one to be elected in 1954,
term to begin February 9, 1955, and the second to be elected in
1976, term to begin January 1, 1977;
In Marion county, three judges, one to be elected in 1952,
term to begin January 1, 1953, the second to be elected in
1976,
term to begin January 2, 1977, and the third to be elected in
1998, term
to begin February 9, 1999;
In Medina county, three judges, one to be elected in 1956,
term to begin January 1, 1957, the second to be elected in 1966,
term to begin January 1, 1967, and the third to be elected in
1994, term to begin January 1, 1995;
In Miami county, two judges, one to be elected in 1954,
term
to begin February 9, 1955, and one to be elected in 1970,
term to
begin on January 1, 1971;
In Muskingum county,
three judges, one to be elected in
1968,
term to begin August 9, 1969,
one to be elected in 1978,
term
to begin January 1, 1979, and one to be elected in 2002, term
to begin January 2, 2003;
In Portage county, three judges, one to be elected in 1956,
term to begin January 1, 1957, the second to be elected in 1960,
term to begin January 1, 1961, and the third to be elected in
1986, term to begin January 2, 1987;
In Ross county, two judges, one to be elected in 1956, term
to begin February 9, 1957, and the second to be elected in 1976,
term to begin January 1, 1977;
In Scioto county, three judges, one to be elected in 1954,
term to begin February 10, 1955, the second to be elected in
1960,
term to begin January 1, 1961, and the third to be elected
in
1994, term to begin January 2, 1995;
In Seneca county, two judges, one to be elected in 1956,
term
to begin January 1, 1957, and the second to be elected in
1986,
term to begin January 2, 1987;
In Warren county,
four judges, one to be elected in
1954,
term to begin February 9, 1955, the second to be elected in
1970,
term to begin January 1, 1971,
the third to be elected
in
1986, term to begin January 1, 1987, and the fourth to be
elected in 2004, term to begin January 2, 2005;
In Washington county, two judges, one to be elected in
1952,
term to begin January 1, 1953, and one to be elected in
1986, term
to begin January 1, 1987;
In Wood county, three judges, one to be elected in 1968,
term
beginning January 1, 1969, the second to be elected in 1970,
term
to begin January 2, 1971, and the third to be elected in
1990,
term to begin January 1, 1991;
In Belmont and Jefferson counties, two judges, to be
elected
in 1954, terms to begin January 1, 1955, and February 9,
1955,
respectively;
In Clark county, four judges, one to be elected in 1952,
term
to begin January 1, 1953, the second to be elected in 1956,
term
to begin January 2, 1957, the third to be elected in 1986,
term to
begin January 3, 1987, and the fourth to be elected in
1994, term
to begin January 2, 1995.
In Clermont county, five judges, one to be elected in 1956,
term to begin January 1, 1957, the second to be elected in 1964,
term to begin January 1, 1965, the third to be elected in 1982,
term to begin January 2, 1983, the fourth to be elected in
1986, term to begin January 2, 1987; and the fifth to be elected in 2006, term to begin January 3, 2007;
In Columbiana county, two judges, one to be elected in
1952,
term to begin January 1, 1953, and the second to be elected
in
1956, term to begin January 1, 1957;
In Delaware county, two judges, one to be elected in 1990,
term to begin February 9, 1991, the second to be elected in 1994,
term to begin January 1, 1995;
In Lake county, six judges, one to be elected in 1958,
term
to begin January 1, 1959, the second to be elected in 1960,
term
to begin January 2, 1961, the third to be elected in 1964,
term to
begin January 3, 1965, the fourth and fifth to be
elected in 1978,
terms to begin January 4, 1979, and January
5, 1979, respectively,
and the sixth to be elected in 2000, term to
begin January 6,
2001;
In Licking county, four judges, one to be elected in 1954,
term to begin February 9, 1955, one to be elected in 1964, term
to
begin January 1, 1965, one to be elected in 1990, term to
begin January 1, 1991, and one to be elected in 2004, term to begin January 1, 2005;
In Lorain county, ten judges, two to be elected in 1952,
terms to begin January 1, 1953, and January 2, 1953,
respectively,
one to be elected in 1958, term to begin January 3,
1959, one to
be elected in 1968, term to begin January 1, 1969,
two to be
elected in 1988, terms to begin January 4, 1989,
and January 5,
1989, respectively, two to be elected in 1998, terms to
begin
January 2, 1999, and January 3, 1999, respectively; one to be elected in 2006, term to begin January 6, 2007; and one to be elected in 2008, term to begin February 9, 2009, as described in division (C)(1)(c) of section 2301.03 of the Revised Code;
In Butler county,
eleven judges, one to be elected in
1956,
term to begin January 1, 1957; two to be elected in 1954,
terms
to
begin January 1, 1955, and February 9, 1955,
respectively; one
to
be elected in 1968, term to begin January 2,
1969; one to be
elected in 1986, term to begin January 3, 1987;
two to be elected
in 1988, terms to begin January 1, 1989, and
January 2, 1989,
respectively;
one to be elected in 1992, term
to begin
January 4,
1993;
two to be elected in 2002,
terms to
begin
January
2,
2003, and January 3, 2003, respectively; and one to be elected in 2006, term to begin January 3, 2007;
In Richland county, four judges, one to be elected in
1956,
term to begin January 1, 1957, the second to be elected in
1960,
term to begin February 9, 1961, the third to be elected
in
1968, term to begin January 2, 1969, and the fourth to be elected in 2004, term to begin January 3, 2005;
In Tuscarawas county, two judges, one to be elected in
1956,
term to begin January 1, 1957, and the second to be elected
in
1960, term to begin January 2, 1961;
In Wayne county, two judges, one to be elected in 1956,
term
beginning January 1, 1957, and one to be elected in 1968,
term to
begin January 2, 1969;
In Trumbull county, six judges, one to be elected in 1952,
term to begin January 1, 1953, the second to be elected in 1954,
term to begin January 1, 1955, the third to be elected in 1956,
term to begin January 1, 1957, the fourth to be elected in 1964,
term to begin January 1, 1965, the fifth to be elected in 1976,
term to begin January 2, 1977, and the sixth to be elected
in
1994, term to begin January 3, 1995;
(C) In Cuyahoga county, thirty-nine judges; eight to be
elected in 1954, terms to begin on successive days beginning from
January 1, 1955, to January 7, 1955, and February 9, 1955,
respectively; eight to be elected in 1956, terms to begin on
successive days beginning from January 1, 1957, to January 8,
1957; three to be elected in 1952, terms to begin from January 1,
1953, to January 3, 1953; two to be elected in 1960, terms to
begin on January 8, 1961, and January 9, 1961, respectively; two
to be elected in 1964, terms to begin January 4, 1965, and
January
5, 1965, respectively; one to be elected in 1966, term to
begin on
January 10, 1967; four to be elected in 1968, terms to
begin on
successive days beginning from January 9, 1969, to
January 12,
1969; two to be elected in 1974, terms to begin on
January 18,
1975, and January 19, 1975, respectively; five to be
elected in
1976, terms to begin on successive days beginning
January 6, 1977,
to January 10, 1977; two to be elected in 1982,
terms to begin
January 11, 1983, and January 12, 1983,
respectively; and two to
be elected in 1986, terms to begin
January 13, 1987, and January
14, 1987, respectively;
In Franklin county, twenty-two judges; two to be elected
in
1954, terms to begin January 1, 1955, and February 9, 1955,
respectively; four to be elected in 1956, terms to begin January
1, 1957, to January 4, 1957; four to be elected in 1958, terms to
begin January 1, 1959, to January 4, 1959; three to be elected in
1968, terms to begin January 5, 1969, to January 7, 1969; three
to
be elected in 1976, terms to begin on successive days
beginning
January 5, 1977, to January 7, 1977; one to be elected
in 1982,
term to begin January 8, 1983; one to be elected in
1986, term to
begin January 9, 1987; two to be elected in
1990, terms to begin
July 1, 1991, and July 2, 1991,
respectively; one to be
elected in 1996, term to begin
January 2, 1997; and one to be elected in 2004, term to begin July 1, 2005;
In Hamilton county, twenty-one judges; eight to be
elected in
1966, terms to begin January 1, 1967, January 2, 1967, and from
February 9, 1967, to February 14, 1967, respectively; five to be
elected in 1956, terms to begin from January 1, 1957, to January
5, 1957; one to be elected in 1964, term to begin January 1,
1965;
one to be elected in 1974, term to begin January 15, 1975;
one to
be elected in 1980, term to begin January 16, 1981; two to
be
elected at large in the general election in 1982, terms to
begin
April 1, 1983; one to be elected in 1990, term to begin
July 1,
1991; and two to be elected in 1996, terms to begin
January 3,
1997, and January 4, 1997, respectively;
In Lucas county, fourteen judges; two to be elected in
1954,
terms to begin January 1, 1955, and February 9, 1955,
respectively; two to be elected in 1956, terms to begin January
1,
1957, and October 29, 1957, respectively; two to be elected in
1952, terms to begin January 1, 1953, and January 2, 1953,
respectively; one to be elected in 1964, term to begin January 3,
1965; one to be elected in 1968, term to begin January 4, 1969;
two to be elected in 1976, terms to begin January 4, 1977, and
January 5, 1977, respectively; one to be elected in 1982, term to
begin January 6, 1983; one to be elected in 1988, term to begin
January 7, 1989; one to be elected in 1990, term to begin January
2, 1991; and one to be elected in 1992, term to begin January 2,
1993;
In Mahoning county, seven judges; three to be elected in
1954, terms to begin January 1, 1955, January 2, 1955, and
February 9, 1955, respectively; one to be elected in 1956, term
to
begin January 1, 1957; one to be elected in 1952, term to
begin
January 1, 1953; one to be elected in 1968, term to begin
January
2, 1969; and one to be elected in 1990, term to begin
July 1,
1991;
In Montgomery county, fifteen judges; three to be elected
in
1954, terms to begin January 1, 1955, January 2, 1955, and
January
3, 1955, respectively; four to be elected in 1952, terms
to begin
January 1, 1953, January 2, 1953, July 1, 1953, and July 2,
1953,
respectively; one to be elected in 1964, term to begin
January 3,
1965; one to be elected in 1968, term to begin January
3, 1969;
three to be elected in 1976, terms to begin on
successive days
beginning January 4, 1977, to January 6, 1977;
two to be elected
in 1990, terms to begin July 1, 1991, and July
2, 1991,
respectively; and one to be elected in 1992, term to
begin January
1, 1993.
In Stark county, eight judges; one to be elected in 1958,
term to begin on January 2, 1959; two to be elected in 1954,
terms
to begin on January 1, 1955, and February 9, 1955,
respectively;
two to be elected in 1952, terms to begin January
1, 1953, and
April 16, 1953, respectively; one to be elected in
1966, term to
begin on January 4, 1967; and two to be elected in
1992, terms to
begin January 1, 1993, and January 2, 1993,
respectively;
In Summit county, thirteen judges; four to be elected in
1954,
terms to begin January 1, 1955, January 2, 1955, January 3,
1955,
and February 9, 1955, respectively; three to be elected in
1958,
terms to begin January 1, 1959, January 2, 1959, and May
17, 1959,
respectively; one to be elected in 1966, term to begin
January 4,
1967; one to be elected in 1968, term to begin January
5, 1969;
one to be elected in 1990, term to begin May 1, 1991;
one to
be elected in 1992, term to begin January 6, 1993; and two to be elected in 2008, terms to begin January 5, 2009, and January 6, 2009, respectively.
Notwithstanding the foregoing provisions, in any county
having two or more judges of the court of common pleas, in which
more than one-third of the judges plus one were previously
elected
at the same election, if the office of one of those
judges so
elected becomes vacant more than forty days prior to
the second
general election preceding the expiration of that
judge's term,
the office that that judge had filled shall be
abolished as of the
date of the next general election, and a new
office of judge of
the court of common pleas shall be created. The judge who
is to
fill that new office shall be elected for a
six-year term at the
next general election, and the term
of that judge shall commence
on the first day of the year following
that general
election, on
which day no other judge's term begins, so that the
number of
judges that the county shall elect shall
not be
reduced.
Judges of the probate division of the court of common pleas
are judges of the court of common pleas but shall be elected
pursuant to sections 2101.02 and 2101.021 of the Revised Code,
except in Adams, Harrison, Henry, Morgan, Noble, and
Wyandot counties in which the judge of the court of common pleas
elected pursuant to this section also shall serve as judge
of the
probate division, except in Lorain county in which the judges of the domestic relations division of the Lorain county court of common pleas elected pursuant to this section also shall perform the duties and functions of the judge of the probate division, and except in Morrow county in which the successors to the judge judges of the court of common pleas elected in 1956 pursuant to this section also shall serve as perform the duties and functions of the judge of the probate division.
Sec. 2305.26. (A) An action by the state or an agency or
political subdivision of the state to enforce a lien upon real or
personal property created under and by virtue of section
1901.21, 2505.13, 2937.25, 4123.76, 4123.78, 4141.23, 4509.60,
or 5719.04 of the Revised Code shall
be brought within twelve fifteen years from the date when the lien or notice
of continuation of the lien has been filed in the office of the
county recorder. The fifteen-year limitation period applies to liens and notices of continuation of liens filed before, on, or after the effective date of the amendment of this section by .......... of the 126th general assembly.
(B)(1) Except as otherwise provided in division (B)(2) of this section, beginning February 1, 2007, a notice of continuation of lien may be filed in the
office of the county recorder within six months prior to the
expiration of the twelve-year fifteen-year period following the original filing
of the lien or the filing of the notice of continuation of the
lien as specified in division (A) of this section. The notice
must identify the original notice of lien and state that the
original lien is still effective. Upon timely filing of a notice
of continuation of lien, the effectiveness of the original lien
is continued for twelve fifteen years after the last date on which the lien
was effective, whereupon it lapses, unless another notice of
continuation of lien is filed prior to the lapse. Succeeding
notices of continuation of lien may be filed in the same manner
to continue the effectiveness of the original lien.
(2) As used in division (B)(2) of this section, "interim period" means the period beginning September 26, 2003, and ending the day before the effective date of Sub. H.B. 390 of the 126th general assembly September 27, 2006.
Division (B)(2) of this section applies only to liens enforceable by an action subject to the limitation of division (A) of this section on September 25, 2003, as this section existed on that date, and notice of continuation of which would have had to have been filed under division (B) of this section, as this section existed on that date, during the interim period if this section had been in effect during the interim period.
Notice of continuation of such a lien may be filed as otherwise provided in division (B)(1) of this section, except the notice shall be filed within six months prior to the expiration of three fifteen years following the expiration of the six-year period within which such notice was required to have been filed under this section as this section existed on September 25, 2003, or by February 1, 2007, whichever is later.
(C) The recorder shall mark each notice of continuation of
lien with a consecutive file number and with the date of filing
and shall hold the notice open for public inspection. In
addition, the recorder shall index the notices according to the
names of the person against whom they are effective, and shall
note in the index the file numbers of the notices. Except in
cases of liens arising under section 5719.04 of the Revised Code,
the recorder shall mark the record of the original lien
"continued" and note thereon the date on which the notice of
continuation of lien was filed. The recorder may remove a lapsed
lien or lapsed notice of continuation of lien from the file and
destroy it. For any services performed under this section, the
county recorder shall charge and collect the fees set forth in
section 317.32 of the Revised Code.
(D) A notice of continuation of lien must be signed and
filed by the clerk of the court or the magistrate in cases of
liens arising under sections 1901.21, 2505.13, and 2937.25 of the
Revised Code, by the industrial commission in cases of liens
arising under sections 4123.76 and 4123.78 of the Revised Code,
by the director of
job and family services in
cases of liens arising under section 4141.23 of the Revised Code,
by the registrar of motor vehicles in cases of liens arising
under section 4509.60 of the Revised Code, and by the county auditor
in cases of liens arising under section 5719.04 of the Revised
Code.
Sec. 2329.07. (A)(1) If neither execution on a judgment rendered
in a court of record or certified to the clerk of the court of
common pleas in the county in which the judgment was rendered is
issued, nor a certificate of judgment for obtaining a lien upon
lands and tenements is issued and filed, as provided in sections
2329.02 and 2329.04 of the Revised Code, within five years from
the date of the judgment or within five years from the date of
the issuance of the last execution thereon or the issuance and
filing of the last such certificate, whichever is later, then,
unless the judgment is in favor of the state, the judgment shall
be dormant and shall not operate as a lien upon the estate of the
judgment debtor.
(2) If the judgment is in favor of the state, the judgment
shall not become dormant and shall not cease to operate as a lien
against the estate of the judgment debtor
provided that either execution on the judgment is issued or a certificate of
judgment is issued and filed, as provided in sections 2329.02 and
2329.04 of the Revised Code, within ten years from the date of
the judgment or within twelve fifteen years from the date of the issuance of the last execution thereon or the issuance and filing of the last such certificate, whichever is later, except as otherwise provided in division (C) of this section. The fifteen-year limitation period applies to executions issued and certificates of judgments issued and filed before, on, or after the effective date of the amendment of this section by .......... of the 126th general assembly.
(B) If, in any county other than that in which a judgment was
rendered, the judgment has become a lien by reason of the filing,
in the office of the clerk of the court of common pleas of that
county, of a certificate of the judgment as provided in sections
2329.02 and 2329.04 of the Revised Code, and if no execution is
issued for the enforcement of the judgment within that county, or
no further certificate of the judgment is filed in that county,
within five years or, if the judgment is in favor of the state, within twelve fifteen years from the date of issuance of the last execution
for the enforcement of the judgment within that county or the
date of filing of the last certificate in that county, whichever
is the later, then the judgment shall cease to operate as a lien
upon lands and tenements of the judgment debtor within that
county, except as otherwise provided in division (C) of this section. The fifteen-year limitation period applies to executions issued and certificates of judgments issued and filed before, on, or after the effective date of the amendment of this section by .......... of the 126th general assembly.
(C)(1) As used in division (C) of this section, "interim period" means the period beginning September 26, 2003, and ending the day before the effective date of Sub. H.B. 390 of the 126th general assembly September 27, 2006.
(2) Division (C) of this section applies only to judgments in favor of the state that are subject to this section and to which both of the following apply:
(a) The first issuance of execution on the judgment, or the first issuance and filing of the certificate of judgment, was issued or issued and filed within the ten-year period provided in this section before the beginning of the interim period;
(b) Subsequent issuance of execution on the judgment or subsequent issuance and filing of the certificate of judgment would have been required during the interim period in order to keep the lien from becoming dormant under this section as this section existed on September 25, 2003, and as if this section as it existed on that date had been in effect during the interim period.
(3) Such a judgment shall not become dormant and shall not cease to operate as a lien against the estate of the judgment debtor if either execution on the judgment is issued or a certificate of judgment is issued and filed, as provided in sections 2329.02 and 2329.04 of the Revised Code, within three fifteen years after the expiration of the ten-year period following issuance of the last execution on the judgment or following the issuance and filing of the last such certificate, whichever is later.
Sec. 2701.06. Each The secretary of state shall transmit each commission issued by the governor to a judge of the court
of appeals or a judge of the court of common pleas shall be transmitted by the
secretary of state, to the clerk of the court of common pleas of the county in
which such that judge resides. Such The clerk shall receive the commission and
forthwith transmit it to the person entitled thereto to it. Within twenty days
after he has received such commission, such The person
shall take the oath
required by as provided in Section 7 of Article XV, Ohio Constitution and sections 3.22 and
3.23 of the Revised Code, and transmit a certificate thereof to such clerk,
signed by the officer administering such oath.
If such certificate is not transmitted to the clerk within twenty days, the
person entitled to receive such commission is deemed to have refused to accept
the office, and such office shall be considered vacant. The clerk shall
forthwith certify the fact to the governor who shall fill the vacancy.
Sec. 206.09.84 3310.41. (A) As used in this section:
(1) "Alternative public provider" means either of the following providers that agrees to enroll a child in the provider's special education program to implement the child's individualized education program and to which the child's parent owes fees for the services provided to the child:
(a) A school district that is not the school district in which the child is entitled to attend school;
(b) A public entity other than a school district.
(2) "Entitled to attend school" means entitled to attend school in a school district under section 3313.64 or 3313.65 of the Revised Code.
(2)(3) "Formula ADM" and "category six special education ADM" have the same meanings as in section 3317.02 of the Revised Code.
(3) "Individualized (4) "Handicapped preschool child" and "individualized education program" has have the same meaning meanings as in section 3323.01 of the Revised Code.
(4)(5) "Parent" has the same meaning as in section 3313.64 of the Revised Code, except that "parent" does not mean a parent whose custodial rights have been terminated.
(5)(6) "Preschool scholarship ADM" means the number of handicapped preschool children reported under division (B)(3)(h) of section 3317.03 of the Revised Code.
(7) "Qualified special education child" is a child for whom all of the following conditions apply:
(a) The school district in which the child is entitled to attend school has identified the child as autistic. A child who has been identified as having a "pervasive developmental disorder - not otherwise specified (PPD-NOS)" shall be considered to be an autistic child for purposes of this section.
(b) The school district in which the child is entitled to attend school has developed an individualized education program under Chapter 3323. of the Revised Code for the child.
(i) Was enrolled in the school district in which the child is entitled to attend school in any grade from preschool through twelve in the school year prior to the year in which a scholarship under this section is first sought for the child; or
(ii) Is eligible to enter school in any grade preschool through twelve in the school district in which the child is entitled to attend school in the school year in which a scholarship under this section is first sought for the child.
(6)(8) "Registered private provider" means a nonpublic school or other nonpublic entity that has been approved by the Department of Education to participate in the program established under this section.
(B) There is hereby established the Pilot Project Special Education Scholarship Program autism scholarship program. Under the program, in fiscal years 2006 and 2007, the Department department of Education education shall pay a scholarship to the parent of each qualified special education child upon application of that parent pursuant to procedures and deadlines established by rule of the State Board state board of Education education. Each scholarship shall be used only to pay tuition for the child on whose behalf the scholarship is awarded to attend a special education program that implements the child's individualized education program and that is operated by a school district other than the school district in which the child is entitled to attend school, by another public entity, an alternative public provider or by a registered private provider. Each scholarship shall be in an amount not to exceed the lesser of the tuition charged for the child by the special education program or twenty thousand dollars. The purpose of the scholarship is to permit the parent of a qualified special education child the choice to send the child to a special education program, instead of the one operated by or for the school district in which the child is entitled to attend school, to receive the services prescribed in the child's individualized education program once the individualized education program is finalized. A scholarship under this section shall not be awarded to the parent of a child while the child's individualized education program is being developed by the school district in which the child is entitled to attend school, or while any administrative or judicial mediation or proceedings with respect to the content of the child's individualized education program are pending. A scholarship under this section shall not be used for a child to attend a public special education program that operates under a contract, compact, or other bilateral agreement between the school district in which the child is entitled to attend school and another school district or other public provider, or for a child to attend a community school established under Chapter 3314. of the Revised Code. However, nothing in this section or in any rule adopted by the State Board of Education state board shall prohibit a parent whose child attends a public special education program under a contract, compact, or other bilateral agreement, or a parent whose child attends a community school, from applying for and accepting a scholarship under this section so that the parent may withdraw the child from that program or community school and use the scholarship for the child to attend a special education program for which the parent is required to pay for services for the child. A child attending a special education program with a scholarship under this section shall continue to be entitled to transportation to and from that program in the manner prescribed by law.
(C)(1) Notwithstanding anything to the contrary in As prescribed in divisions (A)(2)(h), (B)(3)(g), and (B)(10) of section 3317.03 of the Revised Code, a child who is not a handicapped preschool child for whom a scholarship is awarded under this section shall be counted in the formula ADM and the category six special education ADM of the district in which the child is entitled to attend school and not in the formula ADM and the category six special education ADM of any other school district. As prescribed in divisions (B)(3)(h) and (B)(10) of section 3317.03 of the Revised Code, a child who is a handicapped preschool child for whom a scholarship is awarded under this section shall be counted in the preschool scholarship ADM and category six special education ADM of the school district in which the child is entitled to attend school and not in the preschool scholarship ADM or category six special education ADM of any other school district.
(2) In each fiscal year, the Department department shall deduct from the amounts paid to each school district under Chapter 3317. of the Revised Code, and, if necessary, sections 321.24 and 323.156 of the Revised Code, the aggregate amount of scholarships awarded under this section for qualified special education children included in the formula ADM, or preschool scholarship ADM, and in the category six special education ADM of that school district as provided in division (C)(1) of this section. The scholarships deducted shall be considered as an approved special education and related services expense for the purpose of the school district's compliance with division (C)(5) of section 3317.022 of the Revised Code.
(3) From time to time, the Department department shall make a payment to the parent of each qualified special education child for whom a scholarship has been awarded under this section. The scholarship amount shall be proportionately reduced in the case of any such child who is not enrolled in the special education program for which a scholarship was awarded under this section for the entire school year. The Department department shall make no payments to the parent of a child while any administrative or judicial mediation or proceedings with respect to the content of the child's individualized education program are pending.
(D) A scholarship shall not be paid to a parent for payment of tuition owed to a nonpublic entity unless that entity is a registered private provider. The
Department department shall approve entities that meet the standards established by rule of the State Board state board for the program
established
under this section.
(E) The State Board state board shall adopt rules under Chapter 119. of the Revised Code prescribing procedures necessary to implement this section, including, but not limited to, procedures and deadlines for parents to apply for scholarships, standards for registered private providers, and procedures for approval of entities as registered private providers. The Board shall adopt the rules so that the program established under this section is operational by January 1, 2004.
Sec. 3317.013. This Except for a handicapped preschool child for whom a scholarship has been awarded under section 3310.41 of the Revised Code, this section does not apply to
handicapped
preschool students.
Analysis of special education cost data has resulted in a
finding that the average special education additional
cost per
pupil, including
the costs of related services, can be expressed
as a multiple of the base cost
per pupil
calculated under section
3317.012 of the Revised Code. The
multiples for the following
categories of special education
programs, as these programs are
defined for purposes of Chapter
3323. of the Revised Code,
and
adjusted as provided in this section, are as
follows:
(A)
A multiple of 0.2892 for students whose primary or only
identified handicap is a speech and language handicap, as this
term is defined pursuant to Chapter 3323. of the Revised Code;
(B) A multiple of
0.3691 for students identified as
specific
learning disabled or
developmentally
handicapped, as
these terms are defined pursuant
to Chapter 3323.
of
the Revised
Code, or other health
handicapped-minor;
(C) A multiple of
1.7695 for students identified as
hearing
handicapped,
vision
impaired,
or severe behavior handicapped, as
these
terms
are defined pursuant to
Chapter 3323. of the Revised
Code;
(D) A multiple of 2.3646 for students identified as
orthopedically handicapped, as this
term is defined pursuant to
Chapter 3323. of the Revised Code or other health handicapped -
major;
(E) A multiple of 3.1129 for students identified as
multihandicapped, as
this term is defined pursuant to Chapter
3323. of the Revised
Code;
(F) A multiple of 4.7342 for students identified as
autistic,
having traumatic brain injuries, or as both visually
and hearing disabled, as these terms are
defined
pursuant to
Chapter 3323. of the Revised Code.
In fiscal year 2004, the multiples specified in divisions (A)
to (F) of this section shall be adjusted by multiplying them by
0.88. In fiscal years 2005, 2006, and 2007, the multiples specified in those
divisions shall be adjusted by multiplying them by 0.90.
Not later than the thirtieth day of May in 2004, 2005, 2006, and 2007, the department shall submit to the office of budget and management a report that specifies for each city, local, exempted village, and joint vocational school district the fiscal year allocation of the state and local shares of special education and related services additional weighted funding and federal special education funds passed through to the district.
Sec. 3317.022. (A) The department of education shall
compute
and distribute state base cost funding to
each school
district for the fiscal year
using
the
information obtained
under section
3317.021 of the Revised
Code in
the calendar year in
which the
fiscal year begins.
(1) Compute the following for each eligible district:
{[(cost-of-doing-business factor X the formula amount X (formula ADM + preschool scholarship ADM)] + the sum of the base funding supplements prescribed in divisions (C)(1) to (4) of section 3317.012 of the Revised Code]} - [.023 x (the sum of recognized valuation and property exemption value)]
If the difference obtained is a negative number, the
district's computation shall be zero.
(2) Compute both of the following for each school district:
(a) The difference of (i) the district's fiscal year 2005 base cost payment under the version of division (A)(1) of this section in effect in fiscal year 2005, minus (ii) the amount computed for the district for the current fiscal year under current division (A)(1) of this section;
(b) The following amount:
[(fiscal year 2005 base cost payment/fiscal year 2005 formula ADM) X (current year formula ADM + preschool scholarship ADM)] minus the amount computed for the district under current division (A)(1) of this section
If one of the amounts computed under division (A)(2)(a) or (b) of this section is a positive amount, the department shall pay the district that amount in addition to the amount calculated under division (A)(1) of this section. If both amounts are positive amounts, the department shall pay the district the lesser of the two amounts in addition to the amount calculated under division (A)(1) of this section.
(3)(a) For each school district for which the tax exempt
value of the district equals or exceeds twenty-five per cent of
the potential value of the district, the department of education
shall calculate the difference between the district's tax exempt
value and twenty-five per cent of the district's potential value.
(b) For each school district to which division
(A)(3)(a) of
this section applies, the
department
shall adjust the recognized
valuation used in
the
calculation
under
division (A)(1) of this
section
by subtracting
from it the amount
calculated under
division (A)(3)(a) of this section.
(B) As used in this section:
(1) The "total special education weight" for a district
means the sum of the following amounts:
(a) The district's category one special education ADM
multiplied by the
multiple specified
in division
(A) of
section
3317.013 of the Revised Code;
(b) The
district's category two
special education
ADM
multiplied by the
multiple
specified
in division
(B) of section
3317.013 of the Revised
Code;
(c) The district's category three special education ADM
multiplied by the multiple specified in division (C) of section
3317.013 of the Revised Code;
(d) The district's category four special education ADM
multiplied by the multiple specified in division (D) of section
3317.013 of the Revised Code;
(e) The district's category five special education ADM
multiplied by the multiple specified in division (E) of section
3317.013 of the Revised Code;
(f) The district's category six special education ADM
multiplied by the multiple specified in division (F) of section
3317.013 of the Revised Code.
(2) "State share percentage" means the percentage calculated
for a
district as follows:
(a) Calculate the state base cost funding amount for
the
district for
the fiscal year under division (A) of this section.
If
the district would not receive any state base cost
funding for
that year
under that division, the district's state share
percentage is zero.
(b) If the district would receive state base cost
funding
under that
division, divide that amount by an amount equal to the
following:
(Cost-of-doing-business factor X the formula amount X formula ADM) + the sum of the base funding supplements prescribed in divisions (C)(1) to (4) of section 3317.012 of the Revised CodeThe resultant number is the district's state share
percentage.
(3)
"Related services" includes:
(a) Child study, special education supervisors and
coordinators, speech and hearing services, adaptive physical
development services, occupational or physical therapy,
teacher
assistants for handicapped children whose
handicaps are described
in division
(B) of section 3317.013 or division (F)(3) of section
3317.02 of the Revised Code, behavioral intervention,
interpreter
services, work study, nursing services, and
specialized
integrative services as those terms are defined by the department;
(b) Speech and language services provided to any
student
with a handicap, including any student whose primary or
only
handicap is a speech and language handicap;
(c) Any related service not specifically covered
by other
state funds but specified in federal law, including but
not
limited to, audiology and school psychological services;
(d) Any service included in units funded under
former
division (O)(1) of
section 3317.023 of the Revised Code;
(e) Any other related service needed by
handicapped children
in accordance with their individualized
education plans.
(4) The "total vocational education weight" for a district
means
the sum of the following amounts:
(a) The district's category one vocational education ADM
multiplied by the multiple specified in division (A) of section
3317.014 of the Revised Code;
(b) The district's category two vocational education ADM
multiplied by the multiple specified in division (B) of section
3317.014 of the Revised Code.
(5) "Preschool scholarship ADM" means the number of handicapped preschool children reported under division (B)(3)(h) of section 3317.03 of the Revised Code.
(C)(1) The department shall compute and distribute state
special education and related services additional weighted costs
funds
to each school district in accordance with the following
formula:
The district's state share percentageX the formula amount for the yearfor which the aid is calculatedX the district's total special education weight(2)
The
attributed local share of special education and
related services additional
weighted costs equals:
(1 - the district's state share percentage) Xthe district's total special education weight Xthe formula amount
(3)(a) The department shall compute and
pay in accordance
with
this division additional state aid to
school districts for
students in
categories two through six special
education ADM. If
a district's
costs for the fiscal year for a
student in its
categories two through six
special
education ADM
exceed the
threshold catastrophic cost for serving the student,
the
district
may submit to
the superintendent of public
instruction
documentation, as
prescribed by the superintendent, of
all its
costs for that
student. Upon submission of documentation
for a
student of the
type and in the manner prescribed, the
department
shall pay to
the district an amount equal to the
sum of the
following:
(i) One-half of the district's costs for the student in
excess of the threshold catastrophic cost;
(ii) The product of one-half of the
district's costs for the
student in excess of
the threshold catastrophic cost multiplied
by
the district's state share percentage.
(b) For purposes of division (C)(3)(a) of this section, the
threshold catastrophic cost for serving a student equals:
(i) For a student in the school district's category two,
three, four, or five special education ADM, twenty-five thousand
dollars in fiscal year 2002, twenty-five thousand seven hundred
dollars in fiscal years 2003, 2004, and 2005, and twenty-six thousand five hundred dollars in fiscal years 2006 and 2007;
(ii) For a student in the district's category six special
education ADM, thirty thousand dollars in fiscal year 2002,
thirty thousand eight hundred forty dollars in fiscal years 2003, 2004, and 2005, and thirty-one thousand eight hundred dollars in fiscal years 2006 and 2007.
(c) The district shall only report
under division (C)(3)(a)
of this section, and the department shall only
pay
for, the
costs
of educational expenses and the related
services provided
to
the
student in accordance with the student's
individualized
education
program. Any legal fees, court costs, or
other costs
associated
with any cause of action relating to the
student may
not be
included in the amount.
(4)(a) As used in this division, the "personnel
allowance"
means
thirty
thousand dollars
in fiscal
years 2002, 2003, 2004, 2005, 2006, and 2007.
(b) For the provision of speech language pathology services to students,
including students
who do
not have
individualized education
programs prepared for
them under
Chapter
3323. of the Revised
Code, and for
no
other purpose, the department of education shall
pay each
school district an
amount calculated under the following
formula:
(formula ADM divided by 2000) X
the personnel allowance X the state share percentage
(5) In any fiscal year, a school district
shall spend
for
purposes that the department designates as approved for
special
education
and related services
expenses
at least the amount
calculated
as follows:
(cost-of-doing-business factor Xformula amount X
the sum of categoriesone through six special education ADM) +(total special education weight X formula amount)The purposes approved by the department for special education
expenses shall include, but shall not be limited to,
identification of handicapped children, compliance with state
rules governing the education of handicapped children and
prescribing the continuum of program options for handicapped
children, provision of speech language pathology services, and the portion of the school district's overall
administrative and overhead costs that are attributable to the
district's special education student population.
The scholarships deducted from the school district's account under section 3310.41 of the Revised Code shall be considered to be an approved special education and related services expense for the purpose of the school district's compliance with division (C)(5) of this section.
The department shall require school districts to report data
annually to allow for monitoring compliance with division (C)(5)
of this section. The department shall annually report to the
governor and the general assembly the amount of money spent by
each school district for special education and related services.
(6) In any fiscal year, a school district shall spend for the provision of speech language pathology services not less than the sum of the amount calculated under division (C)(1) of this section for the students in the district's category one special education ADM and the amount calculated under division (C)(4) of this section.
(D)(1) As used in this division:
(a) "Daily bus miles per student" equals the number of bus
miles
traveled per day, divided by transportation base.
(b) "Transportation base" equals total student count as
defined
in section 3301.011 of the Revised Code, minus the number
of
students enrolled in preschool handicapped units, plus the
number
of nonpublic school students included in transportation
ADM.
(c) "Transported student percentage" equals transportation
ADM divided by transportation base.
(d) "Transportation cost per student" equals total operating
costs for board-owned or contractor-operated school buses divided
by
transportation base.
(2) Analysis of student transportation cost data has
resulted in a
finding that an average efficient transportation use
cost per student
can be calculated by means of a regression
formula that has as its two
independent variables the number of
daily bus miles per student
and the transported student
percentage. For fiscal
year 1998 transportation cost data, the
average efficient
transportation use cost per student is expressed
as follows:
51.79027 + (139.62626 X daily bus miles per student) +
(116.25573 X transported student percentage)
The department of education shall annually determine the
average
efficient transportation use cost per student in
accordance with the
principles stated in division (D)(2) of this
section, updating the
intercept and regression coefficients of the
regression formula
modeled in this division, based on an annual
statewide analysis of
each school district's daily bus miles per
student, transported
student percentage, and transportation cost
per student data. The
department shall conduct the annual update
using data, including
daily bus miles per student, transported
student percentage, and
transportation cost per student data, from
the prior fiscal year.
The department shall notify the office of
budget and management of
such update by the fifteenth day of
February of each year.
(3) In addition to funds paid under divisions (A), (C), and
(E) of this
section, each
district with a transported student
percentage greater than
zero shall receive a payment equal to a
percentage of the product of the district's transportation
base
from the prior fiscal year times the annually
updated average
efficient transportation use cost per student,
times an inflation
factor
of two and eight tenths per cent to account for the
one-year difference
between the data used in updating the
formula
and calculating the payment and the year in which the payment is
made. The percentage shall be the following percentage of that
product
specified for the corresponding fiscal year:
|
FISCAL YEAR |
|
PERCENTAGE |
|
2000 |
|
52.5% |
|
2001 |
|
55% |
|
2002 |
|
57.5% |
|
2003 and thereafter |
|
The greater of 60%
or the district's state share percentage |
The payments made under division (D)(3) of this section each
year
shall be calculated based on all of the same prior year's
data used to update
the formula.
(4) In addition to funds paid under divisions (D)(2)
and (3)
of this section, a school district shall receive a
rough road
subsidy if
both of the following apply:
(a) Its county rough road percentage is higher than the
statewide
rough road percentage, as those terms are defined in
division
(D)(5) of this section;
(b) Its district student density is
lower than the statewide
student density, as those terms are defined in
that division.
(5) The rough road subsidy paid to each district meeting
the
qualifications of division (D)(4) of this section shall
be
calculated in accordance with the following formula:
(per rough mile subsidy X total rough road miles) X
density multiplier
(a) "Per rough mile subsidy" equals the amount calculated in
accordance with the following formula:
0.75 - {0.75 X [(maximum rough road
percentage -county rough road percentage)/(maximum rough road percentage -
statewide rough road percentage)]}
(i) "Maximum rough road percentage" means the highest county
rough road percentage in the state.
(ii) "County rough road percentage" equals the percentage of
the mileage of state, municipal, county, and township roads that
is rated by
the department of transportation as
type A, B, C, E2,
or F in the
county in which the school district is located
or, if
the district is located in more than one county, the county
to
which it is assigned for purposes of determining its
cost-of-doing-business factor.
(iii) "Statewide rough road percentage" means the percentage
of
the statewide total mileage of state, municipal, county, and
township roads
that is rated as type A, B, C, E2, or
F by the
department of transportation.
(b) "Total rough road miles" means a school district's total
bus
miles traveled in one year times its county rough road
percentage.
(c) "Density multiplier" means a figure calculated in
accordance
with the following formula:
1 - [(minimum student density - district student
density)/(minimum student density -
statewide student density)](i) "Minimum student density" means the lowest district
student
density in the state.
(ii) "District student density" means a school district's
transportation base divided by the number of square miles in the
district.
(iii) "Statewide student density" means the sum of the
transportation bases for all school districts divided by the sum
of the square
miles in all school districts.
(6) In addition to funds paid under divisions
(D)(2) to (5)
of this section, each district
shall receive in accordance with
rules adopted by the state board of education
a payment for
students transported by
means other than board-owned or
contractor-operated buses and whose
transportation is not funded
under division (G) of section 3317.024
of the Revised Code. The
rules shall include
provisions for school district reporting of
such students.
(E)(1) The department shall compute and distribute state
vocational
education additional weighted costs funds to each
school district in
accordance with the following formula:
state share percentage X
the formula amount X
total vocational education weight
In any fiscal year, a school district receiving funds under
division (E)(1) of this section shall spend those funds only for
the purposes that the department designates as approved for
vocational
education expenses. Vocational educational expenses approved by the department shall include only expenses connected to the delivery of career-technical programming to career-technical students. The department shall require the school district to report data annually so that the department may monitor the district's compliance with the requirements regarding the manner in which funding received under division (E)(1) of this section may be spent.
(2) The department shall compute for each school
district
state funds for vocational education associated services in
accordance with the following formula:
state share percentage X .05 X
the formula amount X the sum of categories one and two
vocational education ADM
In any fiscal year, a school district receiving funds under
division (E)(2) of this section, or through a transfer of funds
pursuant to division (L) of section 3317.023 of the Revised Code,
shall spend
those funds only for
the purposes that the department
designates as approved for vocational
education associated
services expenses, which may
include such purposes as
apprenticeship coordinators, coordinators for other
vocational
education services, vocational
evaluation, and other purposes
designated by the department. The
department may deny payment
under division (E)(2) of this section to
any district that the
department determines is not operating those services or
is using
funds paid under
division (E)(2) of this section, or through a
transfer of funds
pursuant to division (L) of section 3317.023 of
the Revised Code, for other
purposes.
(F) The actual local share in
any fiscal year for the
combination of special education and
related services additional
weighted costs funding calculated
under division (C)(1) of this
section, transportation funding
calculated under divisions (D)(2)
and (3) of this section, and
vocational education and associated
services additional weighted
costs funding calculated under
divisions (E)(1) and (2) of this
section shall not exceed for any
school district the product of
three and three-tenths mills times the district's
recognized valuation. The department annually shall pay
each
school
district as an excess cost supplement any amount by
which
the sum
of the district's attributed local shares for that
funding
exceeds
that product. For purposes of calculating the
excess cost
supplement:
(1) The attributed local share for special education and
related services additional weighted costs funding is the amount
specified in division (C)(2) of this section.
(2) The attributed local share of transportation funding
equals the difference of the total amount calculated for the
district using the formula developed under division (D)(2) of this
section minus the actual amount paid to the district after
applying the percentage specified in division (D)(3) of this
section.
(3) The attributed local share of vocational education and
associated services additional weighted costs funding is the
amount determined as follows:
(1 - state share percentage) X [(total vocational education weight X the formula amount) + the payment under division (E)(2) of this section]
Sec. 3317.029. (A) As used in this section:
(1)
"Poverty percentage" means the quotient
obtained by
dividing
the five-year average number of children
ages
five to
seventeen
residing in the school district and
living in a
family
receiving
assistance
under the Ohio works first
program or
an antecedent program known as TANF or ADC, as
certified or
adjusted
under
section 3317.10
of the Revised Code,
by the
district's
three-year
average formula
ADM.
(2)
"Statewide
poverty percentage" means the five-year
average
of the total number of
children ages five to seventeen
years
residing in the state and
receiving
assistance
under
the
Ohio works first program or an antecedent program known as
TANF or
ADC, divided by
the
sum of the three-year average formula
ADMs
for
all school
districts in the state.
(3)
"Poverty index"
means the quotient obtained by dividing the
school district's poverty percentage
by the statewide
poverty percentage.
(4) "Poverty student count" means the
five-year
average number of children ages five to seventeen
residing in the
school district and living in a family receiving
assistance under
the Ohio works first program or an antecedent
program known as
TANF or ADC, as certified under section 3317.10
of the Revised
Code.
(5) "Kindergarten ADM" means the number of
students reported
under section 3317.03 of the Revised Code as enrolled in
kindergarten, excluding any kindergarten students reported under division (B)(3)(e) or, (f), or (g) of section 3317.03 of the Revised Code.
(6)
"Kindergarten through third grade
ADM" means the
amount
calculated as follows:
(a) Multiply the kindergarten
ADM by the sum of one plus the
all-day
kindergarten percentage;
(b) Add the number of students in grades one through three;
(c) Subtract from the sum calculated under division
(A)(6)(b) of this section the
number of special education students
in grades kindergarten
through three.
"Kindergarten through third grade ADM" shall not include any students reported under division (B)(3)(e) or, (f), or (g) of section 3317.03 of the Revised Code.
(7)
"All-day kindergarten" means a
kindergarten class
that
is
in session five days per week for not
less than the same
number
of
clock hours each day as for pupils
in grades one through
six.
(8)
"All-day kindergarten percentage" means the
percentage
of
a
district's actual total number of students
enrolled in
kindergarten who are
enrolled in all-day kindergarten.
(9)
"Buildings with the highest concentration of need"
means
the school
buildings in a district with percentages of
students
in grades
kindergarten
through three
receiving
assistance under Ohio works
first
at least as high as the
district-wide percentage of
students
receiving
such
assistance.
If, in any fiscal year, the
information
provided by the
department of
job and family services
under
section 3317.10 of the
Revised
Code is insufficient to
determine
the
Ohio works first percentage in each building,
"buildings with
the
highest concentration of need" has the
meaning
given in rules
that
the department of education shall
adopt. The
rules shall
base the
definition of
"buildings with
the highest
concentration
of need"
on family income of students in
grades
kindergarten
through three
in a manner that, to the extent
possible
with
available data,
approximates the intent of this
division
and
division (K) of this
section to designate buildings
where the
Ohio works first
percentage in those grades equals or
exceeds the
district-wide
Ohio works first percentage.
(B) In addition to the
amounts required to be paid to a
school district under section
3317.022 of the Revised Code,
the department of education shall compute and distribute to each school district for poverty-based assistance the greater of the following:
(1) The amount the
district received in fiscal
year 2005 for disadvantaged pupil impact aid pursuant to Section 41.10 of Am. Sub. H.B. 95 of the 125th General Assembly general assembly, as amended, minus the amount deducted from the district under Section 16 of Am. Sub. S.B. 2 of the 125th General Assembly general assembly that year for payments to internet- and computer-based community schools;
(2) The sum of the
computations made under divisions (C) to (I) of
this section.
(C) A payment for academic intervention
programs,
if the district's poverty index is greater than or equal to 0.25, calculated as follows:
(1) If the district's poverty index is greater than or equal to 0.25, calculate the district's level one amount for large-group academic intervention for all students as follows:
(a) If the district's poverty index is greater than or equal to 0.25 but less than 0.75:
large-group intervention units X hourly rate X
level one hours X [(poverty index – 0.25)/0.5]
X phase-in percentage
(i) "Large-group intervention units" equals the district's formula ADM divided by 20;
(ii) "Hourly rate" equals $20.00 in fiscal year 2006 and $20.40 in fiscal year 2007;
(iii) "Level one hours" equals 25 hours;
(iv) "Phase-in percentage" equals 0.60 in fiscal year 2006 and 1.00 in fiscal year 2007.
(b) If the district's poverty index is greater than or equal to 0.75:
large-group intervention units X hourly rate X level one hours
X phase-in percentage
Where "large-group intervention units," "hourly rate," "level one hours," and "phase-in percentage" have the same meanings as in division (C)(1)(a) of this section.
(2) If the district's poverty index is greater than or equal to 0.75, calculate the district's level two amount for medium-group academic intervention for all students as follows:
(a) If the district's poverty index is greater than or equal to 0.75 but less than 1.50:
medium-group intervention units X hourly rate X
{level one hours + [25 hours X ((poverty index – 0.75)/0.75)]}X phase-in percentage(i) "Medium group intervention units" equals the district's formula ADM divided by 15;
(ii) "Hourly rate," "level one hours," and "phase-in percentage" have the same meanings as in division (C)(1)(a) of this section.
(b) If the district's poverty index is greater than or equal to 1.50:
medium-group intervention units X hourly rate X level two hours X phase-in percentage
(i) "Medium group intervention units" has the same meaning as in division (C)(2)(a)(i) of this section;
(ii) "Hourly rate" and "phase-in percentage" have the same meanings as in division (C)(1)(a) of this section;
(iii) "Level two hours" equals 50 hours.
(3) If the district's poverty index is greater than or equal to 1.50, calculate the district's level three amount for small-group academic intervention for impoverished students as follows:
(a) If the district's poverty index is greater than or equal to 1.50 but less than 2.50:
small group intervention units X hourly rate X
{level one hours + [level three hours X (poverty index – 1.50)]} X phase-in percentage
(i) "Small group intervention units" equals the quotient of (the district's poverty student count times 3) divided by 10;
(ii) "Hourly rate," "level one hours," and "phase-in percentage" have the same meanings as in division (C)(1)(a) of this section;
(iii) "Level three hours" equals 135 hours.
(b) If the district's poverty index is greater than or equal to 2.50:
small group intervention units X hourly rate X level three hours X phase-in percentage
(i) "Small group intervention units" has the same meaning as in division (C)(3)(a)(i) of this section;
(ii) "Hourly rate" and "phase-in percentage" have the same meanings as in division (C)(1)(a) of this section;
(iii) "Level three hours" equals 160 hours.
Any district that receives funds under division (C)(2) or (3) of this section annually shall submit to the department of education by a date established by the department a plan describing how the district will deploy those funds. The deployment measures described in that plan shall comply with any applicable spending requirements prescribed in division (J)(6) of this section or with any order issued by the superintendent of public instruction under section 3317.017 of the Revised Code.
(D) A payment for all-day kindergarten if the
poverty index of
the school district is greater
than or equal to
1.0 or if the
district's three-year average formula ADM exceeded
seventeen
thousand five hundred. In addition, the department shall make a payment under this division to any school district that, in a prior fiscal year, qualified for this payment and provided all-day kindergarten, regardless of changes to the district's poverty index. The department shall calculate the payment under this division by
multiplying the all-day
kindergarten percentage
by the
kindergarten ADM and multiplying
that product by the formula
amount.
(E) A class-size
reduction payment based on calculating the
number of new
teachers necessary to achieve a lower
student-teacher
ratio, as follows:
(1) Determine or calculate a formula number of teachers per
one
thousand students based on the
poverty index of the school
district as follows:
(a) If the
poverty index of the school district is less than
1.0, the
formula number of teachers is 50.0, which is the
number of
teachers per one thousand students at a student-teacher
ratio
of twenty to one;
(b) If the poverty index of the school
district is greater than
or equal to 1.0, but less than
1.5, the
formula number of teachers is calculated as
follows:
50.0 + {[(poverty index – 1.0)/0.5] X 16.667}Where 50.0 is the number of teachers per one thousand
students at a student-teacher ratio of twenty to one;
0.5 is
the interval from a
poverty index of 1.0 to a
poverty index of
1.5; and 16.667 is the difference in the number of
teachers per one thousand students at a student-teacher ratio of
fifteen to one and the number of teachers per one thousand
students at a student-teacher ratio of twenty to
one.
(c) If the
poverty index of the school district is greater than
or equal to
1.5, the formula number of teachers is
66.667,
which is the number of teachers per one thousand students
at a
student-teacher ratio of fifteen to one.
(2) Multiply the formula number of teachers determined or
calculated in
division (E)(1) of this section by the
kindergarten
through third grade ADM for the district and divide that
product
by one thousand;
(3) Calculate the number of new teachers as follows:
(a) Multiply the kindergarten through third grade ADM
by
50.0, which is the
number of teachers per one thousand students
at a student-teacher ratio of
twenty to one, and divide that
product by one thousand;
(b) Subtract the quotient obtained in
division (E)(3)(a) of
this section
from the product in division (E)(2) of this section.
(4) Multiply the greater of the difference obtained under
division (E)(3) of this section
or zero by the statewide average
teachers compensation. For this purpose, the "statewide average teacher compensation" is $53,680 in fiscal year 2006 and $54,941 in fiscal year 2007, which includes an amount for the value of fringe benefits.
(F) A payment for services to limited English proficient students, if the district's poverty index is greater than or equal to 1.0 and the proportion of its students who are limited English proficient, as reported in 2003 on its school district report issued under section 3302.03 of the Revised Code for the 2002-2003 school year, is greater than or equal to 2.0%, calculated as follows:
(1) If the district's poverty index is greater than or equal to 1.0, but less than 1.75, determine the amount per limited English proficient student as follows:
{0.125 + [0.125 X ((poverty index - 1.0)/0.75)]} X formula amount(2) If the district's poverty index is greater than or equal to 1.75, the amount per limited English proficient student equals:
0.25 X formula amount(3) Multiply the per student amount determined for the district under division (F)(1) or (2) of this section by the number of the district's limited English proficient students, times a phase-in percentage of 0.40 in fiscal year 2006 and 0.70 in fiscal year 2007. For purposes of this calculation, the number of limited English proficient students for each district shall be the number determined by the department when it calculated the district's percentage of limited English proficient students for its school district report card issued in 2003 for the 2002-2003 school year.
Not later than December 31, 2006, the department of education shall recommend to the general assembly and the director of budget and management a method of identifying the number of limited English proficient students for purposes of calculating payments under this division after fiscal year 2007.
(G) A payment for professional development of teachers, if the district's poverty index is greater than or equal to 1.0, calculated as follows:
(1) If the district's poverty index is greater than or equal to 1.0, but less than 1.75, determine the amount per teacher as follows:
[(poverty index – 1.0)/0.75] X 0.045 X formula amount(2) If the district's poverty index is greater than or equal to 1.75, the amount per teacher equals:
0.045 X formula amount(3) Determine the number of teachers, as follows:
(formula ADM/17)(4) Multiply the per teacher amount determined for the district under division (G)(1) or (2) of this section by the number of teachers determined under division (G)(3) of this section, times a phase-in percentage of 0.40 in fiscal year 2006 and 0.70 in fiscal year 2007.
(H) A payment for dropout prevention, if the district is a big eight school district as defined in section 3314.02 of the Revised Code, calculated as follows:
0.005 X formula amount X poverty indexX formula ADM X phase-in percentageWhere "phase-in percentage" equals 0.40 in fiscal year 2006 and 0.70 in fiscal year 2007.
(I) An amount for community outreach, if the district is an urban school district as defined in section 3314.02 of the Revised Code, calculated as follows:
0.005 X formula amount X poverty index X formula ADM X phase-in percentageWhere "phase-in percentage" equals 0.40 in fiscal year 2006 and 0.70 in fiscal year 2007.
(J) This division applies only to school districts whose
poverty index is 1.0 or greater.
(1) Each school district subject to this division shall
first utilize
funds received under this section so that, when
combined with other funds
of the district, sufficient funds exist
to provide all-day
kindergarten to at least the number of children
in the district's all-day
kindergarten percentage. To satisfy this requirement, a district may use funds paid under division (C), (F), (G), (H), or (I) of this section to provide all-day kindergarten in addition to the all-day kindergarten payment under division (D) of this section.
(2) Except as permitted under division (J)(1) of this section, each school district shall use its payment under division (F) of this section for one or more of the following purposes:
(a) To hire teachers for limited English proficient students or other personnel to provide intervention services for those students;
(b) To contract for intervention services for those students;
(c) To provide other services to assist those students in passing the third-grade reading achievement test, and to provide for those students the intervention services required by section 3313.608 of the Revised Code.
(3) Except as permitted under division (J)(1) of this section, each school district shall use its payment under division (G) of this section for professional development of teachers or other licensed personnel providing educational services to students only in one or more of the following areas:
(a) Data-based decision making;
(b) Standards-based curriculum models;
(c) Job-embedded professional development activities that are research-based, as defined in federal law.
In addition, each district shall use the payment only to implement programs identified on a list of eligible professional development programs provided by the department of education. The department annually shall provide the list to each district receiving a payment under division (G) of this section. However, a district may apply to the department for a waiver to implement an alternative professional development program in one or more of the areas specified in divisions (J)(3)(a) to (c) of this section. If the department grants the waiver, the district may use its payment under division (G) of this section to implement the alternative program.
(4) Except as permitted under division (J)(1) of this section, each big eight school district shall use its payment under division (H) of this section either for preventing at-risk students from dropping out of school, for safety and security measures described in division (J)(5)(b) of this section, for academic intervention services described in division (J)(6) of this section, or for a combination of those purposes. Not later than September 1, 2005, the department of education shall provide each big eight school district with a list of dropout prevention programs that it has determined are successful. The department subsequently may update the list. Each district that elects to use its payment under division (H) of this section for dropout prevention shall use the payment only to implement a dropout prevention program specified on the department's list. However, a district may apply to the department for a waiver to implement an alternative dropout prevention program. If the department grants the waiver, the district may use its payment under division (H) of this section to implement the alternative program.
(5) Except as permitted under division (J)(1) of this section, each urban school district that has a poverty index greater than or equal to 1.0 shall use its payment under division (I) of this section for one or a combination of the following purposes:
(a) To hire or contract for community liaison officers, attendance or truant officers, or safety and security personnel;
(b) To implement programs designed to ensure that schools are free of drugs and violence and have a disciplined environment conducive to learning;
(c) To implement academic intervention services
described in division (J)(6) of this section.
(6) Except as permitted under division (J)(1) of this section, each school district with a poverty index greater than or equal to 1.0 shall use the amount of its payment under division (C) of this section, and may use any amount of its payment under division (H) or (I) of this section, for academic intervention services for students who have
failed or are in
danger of failing any of the tests
administered
pursuant to
section 3301.0710 of the Revised Code, including intervention services required by section
3313.608 of the Revised Code. Except as permitted under division (J)(1) of this section, no district shall spend any portion of its payment under division (C) of this section for any other purpose. Notwithstanding any provision to the contrary in Chapter 4117. of the Revised Code, no collective bargaining agreement entered into after June 30, 2005, shall require use of the payment for any other purpose.
(7) Except as otherwise required by division (K) or
permitted under division (O) of this section,
all remaining funds
distributed under this section to districts with a poverty index greater than or equal to 1.0 shall be utilized for the purpose of
the third grade
guarantee. The third grade guarantee consists
of increasing the
amount of
instructional attention received per pupil in
kindergarten
through third grade, either by reducing the ratio of
students to
instructional personnel or by increasing the amount of
instruction and curriculum-related activities by extending the
length of the school day or the school year.
School districts may implement a reduction of the ratio of
students to instructional personnel through any or all of the
following methods:
(a) Reducing the number of students in a
classroom taught by
a single teacher;
(b) Employing full-time educational aides or
educational
paraprofessionals issued a permit or license under
section
3319.088 of the Revised Code;
(c) Instituting a team-teaching method
that will result in a
lower student-teacher ratio in a classroom.
Districts may extend the school day either by increasing
the
amount of time allocated for each class, increasing the
number of
classes provided per day, offering optional academic-related
after-school programs, providing curriculum-related
extra
curricular activities, or establishing tutoring or
remedial
services for students who have demonstrated an
educational need.
In accordance with section 3319.089 of the Revised Code, a
district
extending the school day pursuant to this division may
utilize a participant
of the work experience program who has a
child enrolled in a public school in
that district and who is
fulfilling the work requirements of that program by
volunteering
or working in that public school. If the work experience program
participant is compensated, the school district may use the funds
distributed
under this section for all or part of the
compensation.
Districts may extend the school year either through adding
regular days of instruction to the school calendar or by
providing
summer programs.
(K) Each district
shall not expend any funds
received under division (E) of this
section in
any school buildings that are not buildings with the
highest concentration of
need, unless there is a ratio of
instructional personnel to students of no
more than fifteen to one
in each kindergarten and first grade class in all
buildings with
the highest concentration of need.
This division does not require
that the funds used in
buildings with the highest concentration of
need be spent solely
to reduce the ratio of instructional
personnel to students in
kindergarten and first grade. A school
district may spend the
funds in those buildings in any manner
permitted by division
(J)(7) of this section, but may
not spend
the money in other buildings unless the fifteen-to-one ratio
required by this division is attained.
(L)(1) By the first day of August of each fiscal year, each
school district wishing to receive any funds under division (D)
of
this section shall submit to the department of
education an
estimate of its
all-day kindergarten percentage.
Each district
shall update its estimate throughout the
fiscal year in the form
and manner required by the department,
and the department shall
adjust payments under this section to
reflect the updates.
(2) Annually by the end of December, the department of
education, utilizing data from the information system
established
under section 3301.0714
of the Revised Code, shall
determine for each school district subject to division (J) of
this
section whether in the preceding fiscal year the
district's ratio
of instructional personnel to students and its number
of
kindergarten students receiving all-day kindergarten appear
reasonable, given the amounts of money the district
received for
that fiscal year pursuant to divisions (D) and (E) of
this
section. If the department is unable to verify from the
data
available that students are receiving reasonable amounts of
instructional attention and all-day kindergarten, given the funds
the district
has received under this section
and that class-size
reduction
funds are being used in school buildings with the
highest concentration of
need as required by division (K) of this
section, the
department shall conduct a more intensive
investigation to
ensure that funds have been expended as required
by this
section. The department shall file an annual report of
its findings under
this division with the chairpersons of the
committees in each house of the
general assembly dealing with
finance and education.
(M)(1) Each school district with a poverty index less than
1.0 that receives a payment under division (D) of this section shall first utilize funds received
under
this section so
that,
when combined with other funds of the
district,
sufficient
funds
exist to provide all-day kindergarten
to at least the
number
of
children in the district's all-day
kindergarten
percentage.
To satisfy this requirement, a district may use funds paid under division (C) or (I) of this section to provide all-day kindergarten in addition to the all-day kindergarten payment under division (D) of this section.
(2) Except as permitted under division (M)(1) of this section, each school district with a poverty index less than 1.0 that receives a payment under division (C) of this section shall use its payment under that division in accordance with all requirements of division (J)(6) of this section.
(3) Except as permitted under division (M)(1) of this section, each school district with a poverty index less than 1.0 that receives a payment under division (I) of this section shall use its payment under that division for one or a combination of the following purposes:
(a) To hire or contract for community liaison officers, attendance or truant officers, or safety and security personnel;
(b) To implement programs designed to ensure that schools are free of drugs and violence and have a disciplined environment conducive to learning;
(c) To implement academic intervention services
described in division (J)(6) of this section.
(4) Each school district to which division (M)(1), (2), or (3) of this section applies shall expend the
remaining
funds received under this
section, and
any other
district with a
poverty index less than
1.0 shall expend
all funds received
under this
section, for any
of the following
purposes:
(a) The purchase of technology for
instructional purposes for remediation;
(b) All-day kindergarten;
(c) Reduction of class sizes in grades kindergarten through three, as described in division (J)(7) of this section;
(d) Summer school remediation;
(e) Dropout prevention programs approved by the department of education under division (J)(4) of this section;
(f) Guaranteeing that all third graders are
ready to
progress to more advanced work;
(g) Summer education and work programs;
(h) Adolescent pregnancy programs;
(i) Head start, preschool, early childhood education, or early learning programs;
(j) Reading improvement and remediation programs described
by the
department of education;
(k) Programs designed to ensure that schools
are free of
drugs and violence and have a disciplined
environment conducive to
learning;
(l) Furnishing, free of charge, materials used in
courses
of instruction, except for the necessary textbooks
or electronic
textbooks required to be furnished without charge pursuant to
section 3329.06 of the Revised Code, to pupils living in families
participating in Ohio works first in accordance with section
3313.642 of the Revised Code;
(m) School breakfasts provided pursuant to section
3313.813
of the Revised Code.
(N) If at any time the superintendent of public instruction
determines that a school district receiving funds
under division
(D) of this section has enrolled less than the all-day
kindergarten
percentage reported for that fiscal year, the
superintendent
shall withhold from the funds otherwise due the
district under
this section a proportional amount as determined by
the difference in the
certified all-day
kindergarten percentage
and the percentage actually enrolled in
all-day kindergarten.
The superintendent shall also withhold an appropriate amount
of funds
otherwise due a district for any other misuse of funds
not in accordance with
this section.
(O)(1) A district may use a portion of the funds calculated
for
it under division (D) of this section to modify or purchase
classroom space to provide all-day kindergarten, if both of the
following
conditions are met:
(a) The district certifies to the department, in a manner
acceptable to the department, that it has a shortage of space for
providing all-day kindergarten.
(b) The district provides all-day kindergarten to the number
of children in
the all-day kindergarten percentage it certified
under this section.
(2) A district may use a portion of the funds described in
division (J)(7) of this section to modify or purchase classroom
space to enable it to further reduce class size in grades
kindergarten through two with a goal of attaining class sizes of
fifteen students per licensed teacher. To do so, the district
must certify its need for additional space to the department, in a
manner satisfactory to the department.
Sec. 3317.0217. The department of education shall annually compute and pay state parity aid to school districts, as follows:
(A) Calculate the local wealth per pupil of each school
district, which equals the following sum:
(1) Two-thirds times the quotient of (a) the district's
recognized valuation divided by (b) its formula ADM; plus
(2) One-third times the quotient of (a) the average of the
total federal adjusted gross income of the school district's
residents for the three years most recently reported under section
3317.021 of the Revised Code divided by (b) its formula ADM.
(B) Rank all school districts in order of local wealth per
pupil, from the district with the lowest local wealth per pupil to
the district with the highest local wealth per pupil.
(C) Compute the per pupil state parity aid funding for each
school
district in accordance with the following formula:
(threshold local wealthper pupil - the
district's localwealth per pupil) X 0.0075(1) Seven and one-half mills (0.0075) is an adjustment to the original parity aid standard of nine and one-half mills, to account for the general assembly's policy decision to phase-out use of the cost-of-doing-business factor in the base cost formula.
(2) The "threshold local wealth per pupil" is the local
wealth per pupil of the school district with the
four-hundred-ninetieth lowest local wealth per pupil.
If the result of the calculation for a school district under
division (C) of this section is less than zero, the district's per
pupil parity aid shall be zero.
(D) Compute the per pupil alternative parity aid for each
school district that has a combination of an income factor of 1.0
or less, a poverty index of 1.0 or greater, and a fiscal year 2005
cost-of-doing-business factor of 1.0375 or greater, in accordance
with the following formula:
Payment percentage X $60,000 X(1 - income factor) X 4/15 X 0.023(1) "Poverty index" has the same meaning as in section 3317.029
of the Revised Code.
(2) "Payment percentage," for purposes of division (D) of
this section, equals 50% in fiscal year 2002 and 100% after fiscal
year 2002.
(E) Pay each district that has a combination of an income
factor of 1.0 or less, a poverty index of 1.0 or greater, and a fiscal year 2005
cost-of-doing-business factor of 1.0375 or greater, the greater of
the following:
(1) The product of the district's per pupil parity aid
calculated under division (C) of this section times its net formula
ADM;
(2) The product of its per pupil alternative parity aid
calculated under division (D) of this section times its net formula
ADM.
(F) Pay every other district the product of its per pupil
parity aid calculated under division (C) of this section times its net
formula ADM.
(G) As used in divisions (E) and (F) of this section, "net formula ADM" means formula ADM minus the number of internet- and computer-based community school students and scholarship students reported under divisions (B)(3)(e) and, (f), and (g) of section 3317.03 of the Revised Code.
Sec. 3317.03. Notwithstanding divisions
(A)(1), (B)(1), and
(C) of this section, except as provided in division (A)(2)(h) of this section, any
student enrolled in kindergarten more
than half time shall be reported as
one-half student under this
section.
(A) The superintendent of each city and exempted
village
school district and of each educational service center shall,
for
the schools under the superintendent's supervision,
certify to the
state board of
education on or before the fifteenth day of October
in each year for
the first full school week in October the formula
ADM. Beginning in fiscal year 2007, each superintendent also shall certify to the state board, for the schools under the superintendent's supervision, the formula ADM for the first full week in February. If a school under the superintendent's supervision is closed for one or more days during that week due to hazardous weather conditions or other circumstances described in the first paragraph of division (B) of section 3317.01 of the Revised Code, the superintendent may apply to the superintendent of public instruction for a waiver, under which the superintendent of public instruction may exempt the district superintendent from certifying the formula ADM for that school for that week and specify an alternate week for certifying the formula ADM of that school.
The formula ADM shall consist of the average daily membership during
such week of the
sum of the following:
(1) On an FTE basis, the number of
students in grades
kindergarten through twelve receiving any educational
services
from the district,
except that the following categories of
students shall not be
included in the determination:
(a) Students enrolled in adult education classes;
(b) Adjacent or other district students enrolled in the
district under an open enrollment policy pursuant to section
3313.98 of the Revised Code;
(c) Students receiving services in the district pursuant to
a compact,
cooperative education agreement, or a contract, but who
are entitled to attend
school in another district pursuant to
section 3313.64 or 3313.65 of the
Revised Code;
(d) Students for whom tuition is
payable pursuant to
sections 3317.081 and 3323.141 of the
Revised Code;
(e) Students receiving services in the district through a scholarship awarded under section 3310.41 of the Revised Code.
(2) On an FTE basis, except as provided in division (A)(2)(h) of this section, the number of
students entitled to
attend school in the district pursuant to
section 3313.64 or
3313.65 of the
Revised Code, but receiving educational
services in
grades kindergarten through twelve from one or more of the
following entities:
(a) A community school pursuant to Chapter
3314. of the
Revised Code, including any participation in a college
pursuant to
Chapter 3365. of the Revised Code while enrolled in such community
school;
(b) An alternative school pursuant to sections 3313.974 to
3313.979 of the Revised Code as described in division
(I)(2)(a) or
(b) of this section;
(c) A college pursuant to Chapter 3365. of the Revised Code,
except
when the student is enrolled in the college while also
enrolled in a community
school pursuant to Chapter 3314. of the
Revised Code;
(d) An adjacent or other
school district under an open
enrollment policy adopted pursuant
to section 3313.98 of the
Revised Code;
(e) An educational service
center or cooperative education
district;
(f) Another school district
under a cooperative education
agreement, compact, or contract;
(g) A chartered nonpublic school with a scholarship paid under section 3310.08 of the Revised Code;
(h) An alternative public provider or a registered private provider with a scholarship awarded under section 3310.41 of the Revised Code. Each such scholarship student who is enrolled in kindergarten shall be counted as one full-time-equivalent student.
As used in this section, "alternative public provider" and "registered private provider" have the same meanings as in section 3310.41 of the Revised Code.
(3) Twenty per cent of the number of students enrolled in a joint
vocational school district or under a vocational education
compact,
excluding any students
entitled to attend school in the
district under section 3313.64 or
3313.65 of the Revised Code who
are enrolled in another
school district through an open enrollment
policy as reported under
division (A)(2)(d) of this section and
then enroll in
a joint vocational school district or under a
vocational education
compact;
(4) The number of handicapped children, other than
handicapped preschool children, entitled to attend school in the
district pursuant to section 3313.64 or 3313.65 of the
Revised
Code who are placed by the district with a
county MR/DD board, minus the
number of
such children placed with a county
MR/DD board in fiscal year
1998. If this calculation produces a negative number, the
number
reported under division
(A)(4) of this section shall be
zero.
(5) Beginning in fiscal year 2007, in the case of the report submitted for the first full week in February, or the alternative week if specified by the superintendent of public instruction, the number of students reported under division (A)(1) or (2) of this section for the first full week of the preceding October but who since that week have received high school diplomas.
(B) To enable the
department of education to obtain the data
needed to complete
the calculation of payments pursuant to this
chapter, in
addition to the formula ADM, each
superintendent shall
report separately the following student
counts for the same week for which formula ADM is certified:
(1) The total average daily membership in regular day
classes included in the report under division (A)(1) or (2) of
this
section for kindergarten, and each of grades one through
twelve in
schools under the
superintendent's supervision;
(2) The number of all handicapped
preschool
children
enrolled as of the first day of
December in classes in the
district that are eligible for approval
under division (B) of section 3317.05 of the Revised
Code
and the number of those classes, which shall be reported not
later than the
fifteenth day of December, in accordance with rules
adopted under
that section;
(3) The number of children entitled to attend school in
the
district pursuant to section 3313.64 or 3313.65 of the
Revised
Code who are:
(a) Participating in a
pilot project scholarship program
established under sections
3313.974 to 3313.979 of the Revised
Code as described in division
(I)(2)(a) or (b) of this section;
(b) Enrolled in a college under Chapter
3365. of the Revised Code,
except when the
student is enrolled in the college while also
enrolled in a community school
pursuant to Chapter 3314. of the
Revised Code;
(c) Enrolled in an adjacent or
other school district
under section 3313.98 of the Revised Code;
(d) Enrolled in a
community school
established under Chapter 3314.
of the Revised
Code that is not an internet- or computer-based community school as defined in section 3314.02 of the Revised Code, including any participation in a college
pursuant to Chapter
3365. of the Revised Code while enrolled in such community
school;
(e) Enrolled in an internet- or computer-based community school, as defined in section 3314.02 of the Revised Code, including any participation in a college pursuant to Chapter 3365. of the Revised Code while enrolled in the school;
(f) Enrolled in a chartered nonpublic school with a scholarship paid under section 3310.08 of the Revised Code;
(g) Enrolled in kindergarten through grade twelve in an alternative public provider or a registered private provider with a scholarship awarded under section 3310.41 of the Revised Code;
(h) Enrolled as a handicapped preschool child in an alternative public provider or a registered private provider with a scholarship awarded under section 3310.41 of the Revised Code;
(i) Participating in a
program operated by a county MR/DD board
or a state
institution.
(4) The number of pupils enrolled in joint vocational
schools;
(5) The average daily membership of
handicapped children
reported under division (A)(1) or (2) of this
section receiving
special education
services
for the category one
handicap described
in division (A)
of section 3317.013 of the
Revised Code;
(6) The average daily membership of handicapped children
reported under
division (A)(1) or (2) of this section receiving
special
education services
for category two
handicaps
described
in division
(B)
of section 3317.013 of the
Revised Code;
(7) The average daily membership of handicapped children
reported under
division (A)(1) or (2) of this section
receiving
special education services for
category three handicaps
described
in division
(C)
of
section
3317.013
of the Revised Code;
(8)
The average daily
membership of handicapped children
reported under division (A)(1)
or (2) of this section receiving
special education services for
category four handicaps described
in division (D) of section
3317.013 of the Revised Code;
(9) The average daily membership of handicapped children
reported under division (A)(1) or (2) of this section receiving
special education services for the category five handicap
described
in division (E) of section 3317.013 of the Revised Code;
(10) The combined average daily membership of handicapped children
reported under division (A)(1) or (2) and under division (B)(3)(h) of this section receiving
special education services for category six handicaps described in
division (F) of section 3317.013 of the Revised Code, including children attending a special education program operated by an alternative public provider or a registered private provider with a scholarship awarded under section 3310.41 of the Revised Code;
(11) The average daily membership of pupils reported under
division
(A)(1) or (2) of this section enrolled in category one
vocational education programs or classes, described in division
(A) of section 3317.014 of the Revised Code, operated by the
school
district or by another district, other than a joint
vocational school
district, or by an educational service center, excluding any student reported under division (B)(3)(e) of this section as enrolled in an internet- or computer-based community school, notwithstanding division (C) of section 3317.02 of the Revised Code and division (C)(3) of this section;
(12) The average daily membership of pupils reported
under
division
(A)(1) or (2) of this section enrolled in category
two
vocational
education programs or services, described in
division
(B) of section
3317.014 of the Revised Code, operated by
the
school district or another school district,
other than a joint
vocational school district, or by an educational service
center, excluding any student reported under division (B)(3)(e) of this section as enrolled in an internet- or computer-based community school, notwithstanding division (C) of section 3317.02 of the Revised Code and division (C)(3) of this section;
(13) The average number of
children transported by the
school district on board-owned or contractor-owned and -operated
buses,
reported in accordance with rules adopted by
the department
of education;
(14)(a) The number of children, other than
handicapped
preschool children, the district placed with a
county MR/DD board
in fiscal
year 1998;
(b) The number of handicapped children, other than
handicapped preschool children, placed with a county
MR/DD board
in the current
fiscal year to receive
special
education services
for the category one handicap
described in
division (A) of
section
3317.013
of the Revised
Code;
(c) The number of handicapped children, other than
handicapped preschool children, placed with a county
MR/DD board
in the current
fiscal year to receive
special
education services
for category two handicaps
described in
division (B) of
section
3317.013
of the Revised
Code;
(d) The number of handicapped children, other than
handicapped preschool children, placed with a county
MR/DD board
in the current
fiscal year to receive
special
education
services
for category three handicaps described in
division
(C) of section
3317.013 of the Revised
Code;
(e) The number of handicapped children, other than
handicapped preschool children, placed with a county MR/DD board
in the current fiscal year to receive special education services
for category four handicaps described in division (D) of section
3317.013 of the Revised Code;
(f) The number of handicapped children, other than
handicapped preschool children, placed with a county MR/DD board
in the current fiscal year to receive special education services
for the category five handicap described in division (E) of
section
3317.013 of the Revised Code;
(g) The number of handicapped children, other than
handicapped preschool children, placed with a county MR/DD board
in the current fiscal year to receive special education services
for category six handicaps described in division (F) of section
3317.013 of the Revised Code.
(C)(1) Except as otherwise provided in this section for
kindergarten students, the average daily membership in divisions
(B)(1) to
(12) of this section shall be based
upon the number
of
full-time equivalent students. The state board of
education
shall
adopt rules defining full-time equivalent students and for
determining the average daily membership therefrom
for the
purposes of divisions (A), (B), and
(D) of this section.
(2) A student enrolled in a community school established
under Chapter 3314. of the Revised Code shall be counted in the
formula ADM and, if applicable, the category one, two, three,
four, five, or six
special education ADM of the school district in
which the student
is entitled to attend school under section
3313.64 or 3313.65 of
the Revised Code for the same proportion of
the school year that
the student is counted in the enrollment of
the community school
for purposes of section 3314.08 of the
Revised Code.
(3) No child
shall be
counted as more than a total of one
child in the
sum of
the average daily memberships of a
school
district under division
(A), divisions
(B)(1) to
(12), or division
(D) of this
section,
except as follows:
(a) A child with a handicap described in section 3317.013
of
the Revised Code may be
counted both in formula
ADM and in
category one, two,
three,
four, five, or six
special education
ADM and, if applicable, in
category one or two
vocational
education
ADM. As provided in
division (C) of section
3317.02 of
the Revised Code,
such a child
shall be counted in
category one,
two,
three, four, five, or
six special education
ADM in the same
proportion that the child is
counted in formula
ADM.
(b) A child enrolled in vocational education programs or
classes described
in section
3317.014 of the Revised Code
may be
counted both in formula ADM and
category one or two
vocational
education ADM and, if applicable, in
category one, two,
three,
four, five, or six
special education ADM. Such a child
shall be
counted in category
one or two vocational education ADM
in
the
same proportion as the
percentage of time that the child
spends in
the
vocational
education programs or classes.
(4) Based on the information reported
under this section,
the
department of education shall determine the total
student
count,
as defined in section 3301.011 of the Revised Code, for
each
school district.
(D)(1) The superintendent of each joint vocational school
district
shall certify to
the superintendent of public instruction
on or before the fifteenth
day of October in each year for the
first full school week in
October the formula ADM. Beginning in fiscal year 2007, each superintendent also shall certify to the state superintendent the formula ADM for the first full week in February. If a school operated by the joint vocational school district is closed for one or more days during that week due to hazardous weather conditions or other circumstances described in the first paragraph of division (B) of section 3317.01 of the Revised Code, the superintendent may apply to the superintendent of public instruction for a waiver, under which the superintendent of public instruction may exempt the district superintendent from certifying the formula ADM for that school for that week and specify an alternate week for certifying the formula ADM of that school.
The formula ADM, except
as otherwise provided in this division, shall
consist of
the
average daily
membership during such week, on an
FTE basis, of the
number of
students receiving any educational
services from the
district,
including students enrolled in a
community school established under Chapter 3314. of the Revised
Code who are attending the joint vocational district under an
agreement between the district board of education and the
governing authority of the community school and are entitled to
attend school in a city, local, or exempted village school
district whose territory is part of the territory of the joint
vocational district. Beginning in fiscal year 2007, in the case of the report submitted for the first week in February, or the alternative week if specified by the superintendent of public instruction, the superintendent of the joint vocational school district may include the number of students reported under division (D)(1) of this section for the first full week of the preceding October but who since that week have received high school diplomas.
The following categories
of students shall not be
included
in the determination
made under division (D)(1) of this section:
(a) Students enrolled in adult education classes;
(b) Adjacent or other district joint vocational students
enrolled
in the district under an open enrollment policy pursuant
to section
3313.98 of the Revised Code;
(c) Students receiving services in the district pursuant
to
a compact, cooperative education agreement, or a contract, but who
are
entitled to attend school in a city, local, or
exempted
village school district whose territory is not part of
the
territory of the joint vocational district;
(d) Students for whom tuition is payable pursuant to
sections
3317.081 and 3323.141 of the Revised Code.
(2) To enable the department of education to obtain the data
needed to complete the calculation of payments pursuant to this
chapter,
in addition to the formula ADM, each superintendent shall
report
separately the average daily membership included in the
report under division
(D)(1) of this section for each of the
following categories of
students for the same week for which formula ADM is certified:
(a) Students enrolled in each grade included in the joint
vocational district schools;
(b) Handicapped children receiving
special
education
services
for the category one handicap described in
division (A)
of section 3317.013
of the Revised Code;
(c) Handicapped children receiving
special
education
services
for the category two handicaps described in
division (B)
of section 3317.013
of the Revised Code;
(d) Handicapped children
receiving special education
services for category three
handicaps
described in division
(C)
of section
3317.013 of the
Revised Code;
(e)
Handicapped children
receiving special education services
for category four handicaps
described in division (D) of section
3317.013 of the Revised Code;
(f) Handicapped children receiving special education
services for the category five handicap described in division (E)
of
section 3317.013 of the Revised Code;
(g) Handicapped children receiving special education
services for category six handicaps described in division (F) of
section 3317.013 of the Revised Code;
(h)
Students receiving category one vocational education
services, described in division (A) of section 3317.014 of the
Revised Code;
(i) Students receiving category two vocational education
services, described in division (B) of section 3317.014 of the
Revised Code.
The superintendent of each joint vocational school district
shall also indicate the city, local, or
exempted village school
district in which each
joint vocational district pupil is entitled
to attend school
pursuant to section 3313.64 or 3313.65 of the
Revised Code.
(E) In each school of each city, local, exempted village,
joint vocational, and cooperative education school district there
shall be maintained a record of school membership, which record
shall accurately show, for each day the school is in session, the
actual membership enrolled in regular day classes. For the
purpose of determining average daily membership, the membership
figure of any school shall not include any pupils except those
pupils described by division (A) of this section. The
record of
membership for each school shall be maintained in such
manner that
no pupil shall be counted as in membership prior to
the actual
date of entry in the school and also in such
manner that where for
any cause a pupil permanently withdraws
from the school that pupil
shall not be counted as in
membership from and
after the date of
such withdrawal. There shall not be included
in the membership of
any school any of the following:
(1) Any pupil who has graduated from
the twelfth grade of a
public or nonpublic high school;
(2) Any pupil who is not a resident of the state;
(3) Any pupil who was enrolled in the schools
of the
district during the previous school year when tests were
administered under section 3301.0711 of the Revised Code but did
not take one or more of the tests required by that section and
was
not excused pursuant to division (C)(1) or (3) of that section;
(4) Any pupil who has attained the age of twenty-two years,
except for veterans of the armed services whose attendance was
interrupted before completing the recognized twelve-year course
of
the public schools by reason of induction or enlistment in the
armed forces and who apply for reenrollment in the public school
system of their residence not later than four years after
termination of war or their honorable discharge.
If, however, any veteran described by
division (E)(4) of
this
section elects to
enroll in special courses organized for
veterans
for whom tuition is paid under the provisions of federal
laws, or
otherwise, that veteran shall not be included in
average
daily
membership.
Notwithstanding division (E)(3) of this section, the
membership of any school may include a pupil who did not take a
test required by section 3301.0711 of the Revised Code if the
superintendent of public instruction grants a waiver from the
requirement to take the test to the specific pupil and a parent is not paying tuition for the pupil pursuant to section 3313.6410 of the Revised Code. The
superintendent may grant such a waiver only for good cause in
accordance with rules adopted by the state board of education.
Except as provided in
divisions (B)(2)
and (F) of
this section,
the
average daily membership figure of any local,
city,
exempted
village, or joint vocational school district shall
be
determined
by dividing
the figure representing the sum of the
number of
pupils enrolled during each
day the school of attendance
is
actually open for
instruction during the week
for which the formula ADM is being certified by the total number
of days the school was actually
open
for instruction during that
week. For purposes of state
funding,
"enrolled" persons are only
those pupils who are
attending school,
those who have attended
school during the
current school year and
are absent for
authorized reasons, and
those handicapped children
currently
receiving home instruction.
The average daily membership figure of any cooperative
education school
district shall be determined in accordance with
rules adopted by the state
board of education.
(F)(1) If the formula ADM for the first full school
week in
February is at
least three per cent greater than that certified
for the first
full school week in the preceding October, the
superintendent of
schools of any city, exempted village, or joint
vocational school district
or educational service center shall
certify such increase to the
superintendent of public
instruction.
Such certification shall be submitted no later than
the fifteenth
day of February. For the balance of the fiscal
year, beginning
with the February payments, the superintendent of
public
instruction shall use the increased formula
ADM in calculating or
recalculating the amounts to be allocated in
accordance with section 3317.022 or 3317.16 of
the Revised
Code. In no event
shall the superintendent use an increased
membership certified to
the superintendent after the
fifteenth day of February. Division (F)(1) of this section does not apply after fiscal year 2006.
(2) If on the first school day of April the total number
of
classes or units for handicapped
preschool children that
are
eligible for approval under division (B) of section 3317.05
of the
Revised Code exceeds the number of units
that have been approved
for the year under that division, the
superintendent of schools of
any city, exempted village,
or cooperative education school
district or educational
service center shall make the
certifications required by this
section for that day. If the
department determines additional units can be
approved for the
fiscal year within any limitations set forth in
the acts
appropriating moneys for the funding of such units,
the
department shall approve additional units for the fiscal year on
the
basis of such average daily membership. For each unit so
approved, the department shall pay an amount
computed
in the manner prescribed in section
3317.052 or 3317.19
and
section
3317.053 of the Revised Code.
(3) If a student attending a community school under Chapter
3314. of the Revised Code is not included in the formula ADM
certified for the school
district in which the student is entitled to attend school under
section 3313.64 or 3313.65 of the Revised Code, the department of
education shall adjust the formula ADM of that school district to
include the community school student in accordance with division
(C)(2) of this section, and shall recalculate the school
district's payments under this chapter for the entire fiscal year
on the basis of that adjusted formula ADM. This requirement
applies regardless of whether the student was enrolled, as defined
in division (E) of this section, in the community school during
the first full school week in October.
(G)(1)(a) The superintendent of an institution operating a
special education program pursuant to section 3323.091 of the
Revised Code shall, for the programs under such
superintendent's
supervision,
certify to the state board of education, in the manner prescribed by the superintendent of public instruction, both of the following:
(i) The average daily membership of all handicapped children other than handicapped preschool children receiving services at the institution for each category of handicap described in divisions (A) to (F) of section 3317.013 of the Revised Code;
(ii) The average
daily
membership of all handicapped preschool children in classes or
programs
approved annually by the department of education for unit funding under section 3317.05 of the Revised Code.
(b) The superintendent of an
institution with vocational
education units approved under
division (A) of section 3317.05 of
the Revised
Code shall, for the units under
the superintendent's
supervision, certify to the state board of
education the average
daily membership in those units, in the
manner prescribed by the
superintendent of public
instruction.
(2) The superintendent of each county MR/DD board that
maintains special education classes
under section 3317.20 of the
Revised Code or units approved
pursuant to section
3317.05 of the Revised Code shall
do both of
the following:
(a) Certify to the state board, in the
manner prescribed by
the board, the average daily
membership in classes
under section
3317.20 of
the Revised Code for each
school district that has
placed children
in the classes;
(b) Certify to the state board, in the manner prescribed by
the
board, the number of all handicapped preschool children
enrolled as of
the first day of December in classes eligible for
approval
under division (B) of
section 3317.05 of the Revised
Code, and the number of those
classes.
(3)(a)
If on the first school day of
April the number of
classes or units maintained for handicapped preschool
children by
the county MR/DD board
that are eligible for approval under
division (B) of section 3317.05 of the
Revised Code is greater
than the number of units approved for the year under
that
division,
the superintendent shall make the
certification required
by this section for that day.
(b) If the department determines that additional classes
or
units can be
approved for the fiscal year within any
limitations
set forth in
the acts appropriating moneys for the
funding of the
classes and units described in division (G)(3)(a)
of this
section, the department shall approve and
fund
additional units for the
fiscal year on the basis of such average
daily membership. For
each
unit so approved, the department shall pay an
amount
computed in the manner prescribed in
sections
3317.052 and
3317.053 of the Revised
Code.
(H) Except as provided in division (I)
of this section, when
any city, local, or exempted village school
district provides
instruction for a nonresident pupil whose
attendance is
unauthorized attendance as defined in section
3327.06 of the
Revised Code, that pupil's membership shall not be
included in
that district's membership figure used in the
calculation of that
district's formula
ADM or included in the determination of any
unit approved for
the district under section 3317.05 of the
Revised Code. The
reporting official shall report separately the
average daily
membership of all pupils whose attendance in the
district is
unauthorized attendance, and the membership of each
such pupil
shall be credited to the school district in which the
pupil is
entitled to attend school under division (B) of section
3313.64
or section 3313.65 of the Revised Code as determined by
the
department of education.
(I)(1) A city, local, exempted village, or joint vocational
school
district admitting
a scholarship student
of a pilot project
district pursuant to division (C) of section 3313.976
of the
Revised Code may count such student in its average daily
membership.
(2) In any year for which funds are appropriated for pilot
project
scholarship programs, a school district implementing a
state-sponsored pilot
project scholarship program that year
pursuant to
sections 3313.974
to
3313.979 of the Revised
Code
may count in average daily membership:
(a) All children residing in the district and utilizing a
scholarship to attend kindergarten in any alternative school, as
defined in
section 3313.974 of the Revised Code;
(b) All children who were enrolled in the district in the
preceding year who are utilizing a scholarship to attend any such
alternative
school.
(J) The superintendent of each cooperative education school
district shall certify to the superintendent of public
instruction, in a
manner prescribed by the state board of
education, the applicable average
daily memberships for all
students in the cooperative education district, also
indicating
the city, local, or exempted village district where each pupil is
entitled to attend school under section 3313.64 or 3313.65 of the
Revised
Code.
Sec. 3318.101. (A) As used in this section, "prevailing rate" means the prevailing rate of wages determined under sections 4115.03 to 4115.16 of the Revised Code.
(B) The Ohio school facilities commission shall not enter into any agreement with a city, exempted village, local, or joint vocational school district in relation to a project or segment of a project undertaken by the district under this chapter or approve any contract for labor under such project or segment that requires that mechanics and laborers engaged for that project be paid the prevailing rate.
(C) Nothing in this section affects the exemption of school districts and educational service centers from the requirement to pay the prevailing rate prescribed in division (B)(3) of section 4115.04 of the Revised Code.
Sec. 3383.01. As used in this chapter:
(A)
"Culture" means any of the following:
(1) Visual, musical, dramatic, graphic,
design, and
other
arts,
including, but
not limited to, architecture,
dance,
literature,
motion pictures, music, painting, photography,
sculpture, and
theater, and the provision of training or education
in these arts;
(2) The presentation or making available, in
museums or
other indoor or outdoor facilities, of principles of
science and
their development, use, or application in business,
industry, or
commerce or of the history, heritage, development,
presentation,
and uses of the arts
described in division (A)(1)
of this section
and of
transportation;
(3) The preservation, presentation, or making available of
features of
archaeological, architectural, environmental, or
historical interest or significance in a state historical facility
or a
local historical facility.
(B)
"Cultural organization" means either of the following:
(1) A governmental agency or Ohio nonprofit corporation
that
provides programs or activities in areas directly concerned
with
culture;
(2) A regional arts and cultural district as defined in
section 3381.01 of the Revised Code.
(C)
"Cultural project" means all or any portion of an
Ohio cultural
facility for which the general assembly has specifically
authorized the spending of money, or made an appropriation,
pursuant to division (D)(3)
or (E) of section 3383.07 of the
Revised Code.
(D)
"Cooperative contract" means a contract between the Ohio
cultural facilities commission and a cultural organization
providing the terms and conditions of the cooperative use of an
Ohio cultural facility.
(E)
"Costs of operation" means amounts required to manage an
Ohio cultural facility that are incurred
following the completion of
construction of its cultural project, provided
that both of the
following apply:
(1) Those amounts either:
(a) Have been committed to a fund dedicated to that purpose;
(b) Equal the principal of any endowment fund, the income
from
which is dedicated to that purpose.
(2) The commission and the cultural organization have executed
an
agreement with respect to either of those funds.
(F)
"General building services" means general building
services for an Ohio cultural facility or an Ohio sports facility,
including, but not limited to, general
custodial care, security,
maintenance, repair, painting,
decoration, cleaning, utilities,
fire safety, grounds and site maintenance and
upkeep, and
plumbing.
(G)
"Governmental agency" means a state agency, a
state-supported or state-assisted institution of higher
education,
a municipal corporation, county, township, or school
district, a
port authority created under Chapter 4582.
of the Revised Code,
any other political subdivision or special
district
in this state
established by or pursuant to law, or any combination
of these
entities; except where otherwise
indicated, the United States or
any department, division, or agency of the
United States, or any
agency, commission, or authority
established pursuant to an
interstate compact or agreement.
(H)
"Local contributions" means the value of an asset
provided by
or on behalf of a cultural organization from sources
other than the state, the
value and nature of which shall be
approved by the Ohio cultural facilities commission, in its
sole
discretion.
"Local contributions" may include the value of
the site
where a cultural project is to be constructed. All
"local
contributions," except a contribution attributable to such a site,
shall be for the costs of construction of a cultural project or
the creation or expansion of an endowment for the
costs of operation of a cultural facility.
(I)
"Local historical facility" means a site or facility,
other
than a state historical facility, of archaeological,
architectural,
environmental, or historical interest or
significance, or a facility,
including a storage facility,
appurtenant to the operations of
such a site or facility, that is
owned by a cultural organization,
provided the facility meets the
requirements of division
(K)(2)(b)
of this section, is managed
by
or pursuant to a contract with
the Ohio cultural
facilities
commission, and is used for or
in connection with the
activities
of the commission, including the
presentation or making
available
of culture to the public.
(J)
"Manage,"
"operate," or
"management" means the
provision
of, or the exercise of control over the provision of,
activities:
(1) Relating to culture for an Ohio cultural facility,
including as applicable, but not limited to, providing for
displays,
exhibitions, specimens, and models; booking of artists,
performances, or presentations; scheduling; and hiring or
contracting for directors, curators, technical and scientific
staff, ushers, stage managers, and others directly related to the
cultural activities in the facility; but not including general
building services;
(2) Relating to sports and athletic events for an Ohio
sports
facility, including as applicable, but not limited to,
providing for
booking
of athletes, teams, and events; scheduling;
and hiring or contracting for
staff, ushers, managers, and others
directly related to the sports and
athletic events in the
facility; but not including general building services.
(K)
"Ohio cultural facility" means any of the following:
(1) The theaters located in the state office tower
at
77 South High street in Columbus;
(2) Any capital facility in this state to which
both of
the
following apply:
(a) The construction of a cultural project related to the
facility was authorized or
funded by the general assembly pursuant
to division (D)(3)
of section 3383.07 of the Revised Code
and
proceeds of state bonds are used for costs of the cultural project.
(b)
The facility is managed directly by, or
is subject to
a
cooperative or management contract
with, the Ohio cultural
facilities commission, and
is used for or
in connection
with the
activities of the commission, including the
presentation
or making
available of culture to the public
and the provision of training or
education in culture.
(3) A state historical facility or a local historical
facility.
(L)
"State agency" means the state or any of its
branches,
officers, boards, commissions, authorities, departments,
divisions, or other units or agencies.
(M)
"Construction" includes acquisition, including
acquisition by
lease-purchase, demolition, reconstruction,
alteration, renovation, remodeling, enlargement, improvement, site
improvements, and related equipping and furnishing.
(N)
"State historical facility" means a site or facility
that has all of the following characteristics:
(1) It is created, supervised, operated, protected, maintained, and promoted by the Ohio historical society pursuant to the society's performance of public functions under sections 149.30 and 149.302 of the Revised Code.
(2) Its title must reside wholly or in part with the state, the society, or both the state and the society.
(3) It is managed directly by or
is
subject to
a
cooperative or management contract
with the Ohio cultural
facilities commission and
is used for or in
connection with
the
activities of the
commission, including the
presentation or
making
available of culture to the
public.
(O)
"Ohio sports facility" means all or a portion of a
stadium,
arena, tennis facility, motorsports complex, or other capital facility in
this state, a. A
primary purpose of which
is the facility shall be to provide a site or venue for the
presentation to the public of either motorsports events, professional tennis tournaments, or events of
one or more major or minor
league professional athletic or sports teams that
are associated
with the state or with a city or region
of the state, which. The
facility is shall be, in the case of a motorsports complex, owned by the state or governmental agency, or in all other instances, is owned by or is located on real property owned by the
state or a
governmental agency, and including includes all parking
facilities, walkways, and
other
auxiliary facilities, equipment,
furnishings, and real and personal property
and interests and
rights therein, that may be appropriate for or used for or
in
connection with the facility or its operation, for capital costs
of which
state funds are spent pursuant to this chapter. A
facility constructed as an
Ohio sports facility may be both an
Ohio cultural facility and
an Ohio sports facility.
(P) "Motorsports" means sporting events in which motor vehicles are driven on a clearly demarcated tracked surface.
Sec. 3383.07. (A) The department of administrative
services
shall provide for the construction of a cultural
project in
conformity with Chapter 153. of the Revised
Code,
except as
follows:
(1) For a cultural project other than a state historical
facility,
construction services may be provided on
behalf of the
state by the Ohio cultural facilities
commission, or by a
governmental agency or a cultural organization
that occupies, will
occupy, or is responsible for the Ohio cultural
facility, as
determined by the
commission. For a project receiving a state appropriation of fifty thousand dollars or less, the commission may delegate to its executive director the authority to approve the provision of construction services by such an agency or organization, but not the authority to disapprove that provision.
Construction services to be
provided by a
governmental agency or
a cultural organization shall be
specified in
an agreement between
the commission and the
governmental agency or
cultural organization.
The agreement, or any
actions taken under it,
are not subject to
Chapter 123. or 153. of
the Revised Code,
except for sections
123.081 and 153.011 of the
Revised Code, and
shall be
subject to Chapter
4115. of the Revised
Code.
(2) For a cultural project that is a state
historical facility,
construction
services
may be provided by the Ohio cultural
facilities commission or by
a cultural organization that occupies,
will occupy, or is responsible for the
facility, as determined by
the commission. For a facility receiving a state appropriation of fifty thousand dollars or less, the commission may delegate to its executive director the authority to approve the provision of construction services by such an organization, but not the authority to disapprove that provision. The construction services to be
provided by the
cultural organization shall be specified in an agreement between
the
commission and the cultural organization. That agreement,
and any
actions
taken under it, are not subject to Chapter 123.,
153., or
4115. of the Revised
Code.
(B) For an Ohio sports facility that is financed in part by
obligations issued pursuant to Chapter 154. of the Revised Code, construction services shall be
provided on
behalf of the state by or at the direction of the
governmental agency or
nonprofit corporation that will own or be
responsible for the management of
the facility, all as determined
by the
Ohio cultural facilities commission. For a facility receiving a state appropriation of fifty thousand dollars or less, the commission may delegate to its executive director the authority to approve the provision of construction services by or at the direction of the agency or corporation, but not the authority to disapprove that provision. Any
construction services
to be provided by a governmental agency or
nonprofit corporation shall be
specified in an agreement between
the commission and the governmental agency
or nonprofit
corporation. That agreement, and any actions taken under
it,
are
not subject to Chapter 123. or 153. of the Revised Code,
except
for sections
123.081 and 153.011 of the Revised Code, and
shall be
subject to
Chapter 4115. of the Revised Code.
(C) General building services for an Ohio cultural facility
shall be provided by
the
Ohio cultural facilities
commission or by a cultural
organization that
occupies, will occupy,
or is responsible for the
facility, as determined by
the
commission, except that. For a facility receiving a state appropriation of fifty thousand dollars or less, the commission may delegate to its executive director the authority to approve the provision of general building services by such an organization, but not the authority to disapprove that provision. Alternatively, the Ohio
building authority may elect to
provide those services for Ohio
cultural facilities financed with
proceeds of state bonds issued by
the authority.
The costs of
management and general building
services shall
be paid by the cultural
organization that occupies,
will
occupy, or
is responsible for the
facility as provided in an
agreement between the
commission and
the cultural organization, except
that the state may pay for general
building services for
state-owned cultural
facilities constructed on
state-owned land.
General building services for
an Ohio sports facility shall
be provided by or at the direction of
the governmental agency or
nonprofit corporation that will be responsible for
the management
of the facility, all as determined by the commission. For a facility receiving a state appropriation of fifty thousand dollars or less, the commission may delegate to its executive director the authority to approve the provision of general building services by or at the direction of the agency or corporation, but not the authority to disapprove that provision. Any
general
building services to be provided by a governmental agency or
nonprofit
corporation
for an Ohio sports facility shall be
specified in
an agreement between the commission and the
governmental agency or nonprofit corporation. That
agreement, and
any
actions taken under it, are not subject to
Chapter 123. or
153.
of the Revised Code, except for sections
123.081 and 153.011
of
the Revised Code,
and shall be subject to
Chapter 4115. of the
Revised Code.
(D) This division does not apply to a state historical
facility. No state funds, including any state bond proceeds,
shall be spent on the construction of any cultural
project
under this
chapter unless, with respect to the cultural project and to
the Ohio
cultural facility related to the
project, all of
the following apply:
(1) The Ohio cultural facilities commission has
determined
that there is a need for the cultural project and the Ohio
cultural
facility related to the project in the
region of the state
in which the Ohio cultural facility is
located or for which the
facility is
proposed. For a project receiving a state appropriation of fifty thousand dollars or less, the commission may delegate to its executive director the authority to determine need but only in the affirmative.
(2) The commission has determined that, as an indication of
substantial regional support for
the cultural project, the cultural
organization has made
provision
satisfactory to the commission, in
its sole discretion, for
local contributions amounting to
not less
than fifty per cent of the total state funding
for the cultural
project. For a project receiving a state appropriation of fifty thousand dollars or less, the commission may delegate to its executive director the authority to determine the adequacy of the regional support but only in the affirmative.
(3) The general assembly has specifically authorized the
spending of money on, or made an appropriation for, the
construction of the cultural project, or for rental
payments relating
to
the financing of the construction of the cultural project.
Authorization
to spend money, or an appropriation, for planning
the cultural
project
does not constitute authorization to spend money
on, or an
appropriation for, construction of the cultural project.
(E) No state funds, including any state bond proceeds, shall
be spent on the
construction of any state historical facility
under this chapter unless the
general assembly has specifically
authorized the spending of money on, or made
an appropriation for,
the construction of the state historical project related to
the facility, or
for rental payments
relating to the financing of the construction
of the state historical
project. Authorization
to spend money, or an
appropriation, for planning the state historical
project does not
constitute
authorization to spend money on, or an appropriation
for, the
construction of the state historical project.
(F) State funds shall not be used to pay or reimburse more
than
fifteen per cent of the initial estimated construction cost
of an
Ohio sports facility,
excluding any site acquisition cost,
and no state funds, including any state
bond proceeds, shall be
spent on any Ohio sports facility under this
chapter unless, with
respect to that facility, all of the following apply:
(1) The Ohio cultural facilities commission has
determined
that there is a need for the facility in the region of
the state for which the
facility is proposed to provide the
function of an Ohio sports
facility as provided for in this
chapter. For a facility receiving a state appropriation of fifty thousand dollars or less, the commission may delegate to its executive director the authority to determine need but only in the affirmative.
(2) As an indication of substantial local support for the
facility, the
commission has received a financial and development
plan satisfactory to it,
and provision has been made, by agreement
or otherwise, satisfactory to the
commission, for a contribution
amounting to not less than eighty-five per cent
of the total
estimated construction cost of the facility, excluding any site
acquisition cost, from sources other than the state. For a facility receiving a state appropriation of fifty thousand dollars or less, the commission may delegate to its executive director the authority to evaluate the financial and development plan and the contribution and to determine their adequacy but only in the affirmative.
(3) The general assembly has specifically authorized the
spending of money
on, or made an appropriation for, the
construction of the facility, or for
rental payments relating to
state financing of all or a portion of the costs
of constructing
the facility. Authorization to spend money, or an
appropriation,
for planning or determining the feasibility of or need for the
facility does not constitute authorization to spend money on, or
an
appropriation for, costs of constructing the facility.
(4) If state bond proceeds are being used for the Ohio
sports
facility, the state or a governmental agency owns or has
sufficient property
interests in the facility or in the site of
the facility or in the portion or
portions of the facility
financed from proceeds of state bonds, which may
include, but is
not limited to, the right to use or to require the use of the
facility for the presentation of sport and athletic events to the
public at
the facility.
(G) In addition to the requirements of division (F) of this section, no state funds, including any state bond proceeds, shall be spent on any Ohio sports facility that is a motorsports complex, unless, with respect to that facility, both of the following apply:
(1) Motorsports events shall be presented at the facility pursuant to a lease entered into with the owner of the facility. The term of the lease shall be for a period of not less than the greater of the useful life of the portion of the facility financed from proceeds of state bonds as determined using the guidelines for maximum maturities as provided under divisions (B) and (C) of section 133.20 of the Revised Code, or the period of time remaining to the date of payment or provision for payment of outstanding state bonds allocable to costs of the facility, all as determined by the director of budget and management and certified by the director to the Ohio cultural facilities commission and to the treasurer of state.
(2) Any motorsports organization that commits to using the facility for an established period of time shall give the political subdivision in which the facility is located not less than six months' advance notice if the organization intends to cease utilizing the facility prior to the expiration of that established period. Such a motorsports organization shall be liable to the state for any state funds used on the construction costs of the facility.
Sec. 3706.01. As used in this chapter:
(A) "Governmental agency" means a department, division, or
other unit of state government, a municipal corporation, county,
township, and other political subdivision, or any other public
corporation or agency having the power to acquire, construct, or
operate air quality facilities, the United States or any agency
thereof, and any agency, commission, or authority established
pursuant to an interstate compact or agreement.
(B) "Person" means any individual, firm, partnership,
association, or corporation, or any combination thereof.
(C) "Air contaminant" means particulate matter, dust,
fumes,
gas, mist, smoke, noise, vapor, heat, radioactivity,
radiation, or
odorous substance, or any combination thereof.
(D) "Air pollution" means the presence in the ambient air
of
one or more air contaminants in sufficient quantity and of
such
characteristics and duration as to injure human health or
welfare,
plant or animal life, or property, or that unreasonably
interferes
with the comfortable enjoyment of life or property.
(E) "Ambient air" means that portion of the atmosphere
outside of buildings and other enclosures, stacks, or ducts that
surrounds human, plant, or animal life, or property.
(F) "Emission" means the release into the outdoor
atmosphere
of an air contaminant.
(G) "Air quality facility" means any
of the following:
(1) Any method, modification
or replacement of property,
process, device, structure, or
equipment that removes, reduces,
prevents, contains, alters,
conveys, stores, disperses, or
disposes of air contaminants or
substances containing air
contaminants, or that renders less
noxious or reduces the
concentration of air contaminants in the
ambient air, including,
without limitation, facilities and
expenditures that qualify as
air pollution control facilities
under section 103 (C)(4)(F) of
the Internal Revenue Code of 1954,
as amended, and regulations
adopted thereunder;
(2) Motor vehicle
inspection stations operated in accordance
with, and any
equipment used for motor vehicle inspections
conducted under,
section 3704.14 of the Revised Code and rules
adopted under it;
(3) Ethanol or other biofuel facilities, including any
equipment used at the
ethanol or other biofuel facility for the
production of ethanol or other biofuels;
(4) Any property or portion thereof used for the collection,
storage,
treatment, utilization, processing, or final disposal of a by-product or
solid
waste resulting from any method, process, device, structure,
or
equipment that removes, reduces, prevents, contains, alters,
conveys, stores, disperses, or disposes of air contaminants, or
that renders less noxious or reduces the concentration of air
contaminants in the ambient air;
(5) Any property, device, or
equipment that promotes the
reduction of emissions of air
contaminants into the ambient air
through improvements in the
efficiency of energy utilization or
energy conservation;
(6) Any coal research and development project conducted under Chapter 1555. of the Revised Code;
(7) As determined by the director of the Ohio coal development office, any property or portion thereof that is used for the collection, storage, treatment, utilization, processing, or final disposal of a by-product resulting from a coal research and development project as defined in section 1555.01 of the Revised Code or from the use of clean coal technology, excluding any property or portion thereof that is used primarily for other subsequent commercial purposes;
(8) Any property or portion thereof that is part of the FutureGen project of the United States department of energy or related to the siting of the FutureGen project.
"Air quality facility"
further
includes any
property or
system to be used in whole or
in part for any of
the purposes
in
divisions (G)(1) to (8) of this section,
whether
another purpose
is also
served, and any property or system
incidental to or
that
has to
do with, or the end purpose of
which is, any of the
foregoing. Air
quality facilities that are
defined in this
division for
industry, commerce, distribution, or
research,
including public
utility companies, are hereby
determined to be
those
that qualify as facilities for the
control of air pollution
and
thermal pollution related to air
under Section 13 of Article
VIII, Ohio Constitution.
(H) "Project" or "air quality project" means any air
quality
facility, including undivided or other interests therein,
acquired
or to be acquired or constructed or to be constructed by
the Ohio
air quality development authority under this chapter, or
acquired
or to be acquired or constructed or to be constructed by
a
governmental agency or person with all or a part of the cost
thereof being paid from a loan or grant from the authority under
this chapter, including all buildings and facilities that the
authority determines necessary for the operation of the project,
together with all property, rights, easements, and interests that
may be required for the operation of the project.
(I) "Cost" as applied to an air quality project means the
cost of acquisition and construction, the cost of acquisition of
all land, rights-of-way, property rights, easements, franchise
rights, and interests required for such acquisition and
construction, the cost of demolishing or removing any buildings
or
structures on land so acquired, including the cost of
acquiring
any lands to which such buildings or structures may be
moved, the
cost of acquiring or constructing and equipping a
principal office
and sub-offices of the authority, the cost of
diverting highways,
interchange of highways, and access roads to
private property,
including the cost of land or easements for
such access roads, the
cost of public utility and common carrier
relocation or
duplication, the cost of all machinery,
furnishings, and
equipment, financing charges, interest prior to
and during
construction and for no more than eighteen months
after completion
of construction, engineering, expenses of
research and development
with respect to air quality facilities,
legal expenses, plans,
specifications, surveys, studies,
estimates of cost and revenues,
working capital, other expenses
necessary or incident to
determining the feasibility or
practicability of acquiring or
constructing such project,
administrative expense, and such other
expense as may be
necessary or incident to the acquisition or
construction of the
project, the financing of such acquisition or
construction,
including the amount authorized in the resolution of
the
authority providing for the issuance of air quality revenue
bonds
to be paid into any special funds from the proceeds of such
bonds, and the financing of the placing of such project in
operation. Any obligation, cost, or expense incurred by any
governmental agency or person for surveys, borings, preparation
of
plans and specifications, and other engineering services, or
any
other cost described above, in connection with the
acquisition or
construction of a project may be regarded as a
part of the cost of
that project and may be reimbursed out of the
proceeds of air
quality revenue bonds as authorized by this
chapter.
(J) "Owner" includes an individual, copartnership,
association, or corporation having any title or interest in any
property, rights, easements, or interests authorized to be
acquired by this chapter.
(K) "Revenues" means all rentals and other charges
received
by the authority for the use or services of any air
quality
project, any gift or grant received with respect to any
air
quality project, any moneys received with respect to the
lease,
sublease, sale, including installment sale or conditional
sale, or
other disposition of an air quality project, moneys
received in
repayment of and for interest on any loans made by
the authority
to a person or governmental agency, whether from
the United States
or any department, administration, or agency
thereof, or
otherwise, proceeds of such bonds to the extent that
use thereof
for payment of principal of, premium, if any, or
interest on the
bonds is authorized by the authority, proceeds
from any insurance,
condemnation, or guaranty pertaining to a
project or property
mortgaged to secure bonds or pertaining to
the financing of the
project, and income and profit from the
investment of the proceeds
of air quality revenue bonds or of any
revenues.
(L) "Public roads" includes all public highways, roads,
and
streets in the state, whether maintained by the state,
county,
city, township, or other political subdivision.
(M) "Public utility facilities" includes tracks, pipes,
mains, conduits, cables, wires, towers, poles, and other
equipment
and appliances of any public utility.
(N) "Construction," unless the context indicates a
different
meaning or intent, includes reconstruction,
enlargement,
improvement, or providing furnishings or equipment.
(O) "Air quality revenue bonds," unless the context
indicates a different meaning or intent, includes air quality
revenue notes, air quality revenue renewal notes, and air quality
revenue refunding bonds, except that notes issued in anticipation
of the issuance of bonds shall have a maximum maturity of five
years as provided in section 3706.05 of the Revised Code and
notes
or renewal notes issued as the definitive obligation may be
issued
maturing at such time or times with a maximum maturity of
forty
years from the date of issuance of the original note.
(P) "Solid waste" means any garbage; refuse; sludge from a
waste water treatment plant, water supply treatment plant, or air
pollution control facility; and other discarded material,
including solid, liquid, semisolid, or contained gaseous material
resulting from industrial, commercial, mining, and agricultural
operations, and from community activities, but not including
solid
or dissolved material in domestic sewage, or solid or
dissolved
material in irrigation return flows or industrial
discharges that
are point sources subject to permits under
section 402 of the
"Federal Water Pollution Control Act
Amendments of 1972," 86 Stat.
880, 33 U.S.C.A. 1342, as amended,
or source, special nuclear, or
byproduct material as defined by
the "Atomic Energy Act of 1954,"
68 Stat. 921, 42 U.S.C.A. 2011,
as amended.
(Q) "Sludge" means any solid, semisolid, or liquid waste,
other than a recyclable by-product, generated from a municipal,
commercial, or industrial waste water treatment plant, water
supply plant, or air pollution control facility or any other such
wastes having similar characteristics and effects.
(R) "Ethanol or other biofuel facility" means a plant at
which
ethanol or other biofuel is
produced.
(S) "Ethanol" means fermentation ethyl alcohol derived from
agricultural products, including potatoes, cereal, grains, cheese
whey, and sugar beets; forest products; or other renewable or
biomass
resources, including residue and waste generated from the
production, processing, and marketing of agricultural products,
forest products, and other renewable or biomass resources, that
meets all of
the specifications in the American society for
testing and
materials (ASTM) specification D 4806-88 and is
denatured as
specified in Parts 20 and 21 of Title 27 of the Code
of Federal
Regulations.
(T) "Biofuel" means any fuel that is made from cellulosic
biomass resources, including renewable organic matter, crop waste
residue, wood, aquatic plants and other crops, animal waste, solid
waste, or sludge, and that is used for the production of energy
for transportation or other purposes.
(U) "FutureGen project" means the buildings, equipment, and real property and functionally related buildings, equipment, and real property, including related research projects that support the development and operation of the buildings, equipment, and real property, designated by the United States department of energy and the FutureGen industrial alliance, inc., as the coal-fueled, zero-emissions power plant designed to prove the technical and economic feasibility of producing electricity and hydrogen from coal and nearly eliminating carbon dioxide emissions through capture and permanent storage.
Sec. 3770.05. (A) As used in this section,
"person" means
any
person, association, corporation, partnership, club, trust,
estate, society, receiver, trustee, person acting in a fiduciary
or representative capacity, instrumentality of the state or any
of
its political subdivisions, or any other combination of
individuals meeting the requirements set forth in this section or
established by rule or order of the state lottery commission.
(B) The director of the state lottery commission may license
any person as a lottery sales agent. No license shall be issued
to any person or group of persons to engage in the sale of
lottery
tickets as the person's or group's sole occupation or
business.
Before issuing any license to a lottery sales agent,
the
director shall consider all of the following:
(1) The financial responsibility and security of the
person
applicant and the person's applicant's business or activity;
(2) The accessibility of the agent's applicant's place of business or
activity
to the public;
(3) The sufficiency of existing licensed agents to serve
the
public interest;
(4) The volume of expected sales by the applicant;
(5) Any other factors pertaining to the public interest,
convenience, or trust.
(C) Except as otherwise provided in division
(F) of this
section, the director of the state lottery commission shall refuse to grant, or shall
suspend
or
revoke, a license if the applicant or licensee:
(1) Has been convicted of a felony, or has been convicted of
a crime
involving moral
turpitude;
(2) Has been convicted of an offense that involves illegal
gambling;
(3) Has been found guilty of fraud or misrepresentation in
any connection;
(4) Has been found to have violated any rule or order of
the
commission; or
(5) Has been convicted of illegal trafficking in food
stamps.
(D) Except as otherwise provided in division
(F) of this
section, the director of the state lottery commission shall refuse to grant, or shall
suspend
or
revoke, a license if the applicant or licensee is a
corporation and any of the following applies:
(1) Any of whose the corporation's directors, officers, or controlling
shareholders have has been found guilty of any of the activities
specified in divisions (C)(1) to (4)(5) of this section;
(2) In which it It appears to the director of the state lottery commission that, due to the
experience, character,
or
general fitness of any director,
officer, or controlling
shareholder of the corporation, the granting of a license as a
lottery sales agent
would be inconsistent with the public
interest, convenience, or
trust;
(3) Not The corporation is not the owner or lessee of the business at which it
will
would conduct a lottery sales agency pursuant to the license
applied
for, or that any;
(4) Any person, firm, association, or
corporation other
than the applicant or licensee shares or will share in the
profits of the
applicant or licensee, other than receiving dividends or
distributions as a
shareholder, or participates or will participate in the
management of the affairs
of the applicant or licensee.
(E)(1) The director of the state lottery commission shall refuse to grant a license to an
applicant for a lottery sales agent license and shall revoke a lottery sales agent license of a licensee if the
applicant or
licensee is or has been convicted of a violation of
division (A)
or (C)(1) of section 2913.46 of the Revised Code.
(2) The director shall refuse to grant a license to an
applicant for a lottery sales agent license that is a
corporation and shall revoke the lottery sales agent license of a
licensee that is a corporation,
if the corporation is or has been
convicted of a violation of division
(A) or (C)(1) of
a violation
of section 2913.46 of the Revised
Code.
(F) The director of the state lottery commission shall request the bureau of
criminal
identification and investigation, the department of public safety,
or
any other state, local, or federal agency to supply the
director with the
criminal records of any applicant for a lottery
sales agent license, and may
periodically request such the criminal records of
any person to whom such a lottery sales agent license has
been issued. At or prior to
the time of making such a request, the director
shall require an
applicant or licensee to obtain fingerprint impressions on fingerprint cards prescribed
by
the superintendent of the bureau of criminal identification and
investigation at a
qualified law enforcement agency, and the
director shall cause these
those fingerprint cards to be forwarded to
the bureau of criminal identification and
investigation and, to the
federal bureau of investigation, or to both bureaus. The commission shall
assume the
cost of obtaining the
fingerprint cards. The
The director shall pay
to each agency supplying such
criminal records for
each investigation a
reasonable fee, as determined by the agency. The
The
commission may
adopt uniform rules specifying time periods after which
the
persons described in divisions (C)(1) to (4)(5) and (D)(1)
to (3)(4) of
this section may be issued a license and establishing requirements
for such those persons to seek a court order to have records sealed in
accordance
with law.
(G)(1) Each applicant for a lottery sales agent license
shall do both of the following:
(a) Pay to the state lottery commission, at the time the application is submitted, a fee of twenty-five
dollars upon
approval of in an amount that the
application director of the state lottery commission determines by rule adopted under Chapter 119. of the Revised Code and that the controlling board approves;
(b) Prior to approval of the application, obtain a surety
or, if
required, a fidelity bond in an amount to be determined by
the director determines by rule adopted under Chapter 119. of the Revised Code or, alternatively, with the director's approval, deposit the same amount into a dedicated account for the benefit of the state lottery. The director also may approve the obtaining of a surety bond to cover part of the amount required, together with a dedicated account deposit to cover the remainder of the amount required. The
A surety
bond may be
with any company that complies with
the bonding and surety laws of this state
and the requirements
established by rules of the commission pursuant to this
chapter. A dedicated account deposit shall be conducted in accordance with policies and procedures the director establishes.
A surety bond, dedicated account, or both, as applicable, may be used to pay for the lottery sales agent's failure to make prompt and accurate payments for lottery ticket sales, for missing or stolen lottery tickets, or for damage to equipment or materials issued to the lottery sales agent, or to pay for expenses the commission incurs in connection with the lottery sales agent's license.
(2) A lottery sales agent license is effective for one year.
A
A licensed
lottery sales agent shall, on or before the date
established by the director,
shall renew the agent's license and provide
at that time evidence to the director
that the surety bond, dedicated account deposit, or both, required under division
(F)(G)(1)(b)
of this section has been
renewed or is active, whichever applies. The director shall certify to the
commission that the
applicant for renewal has the required bond.
The Before the commission renews a lottery sales agent license, the lottery sales agent shall submit a renewal fee to the commission in an amount that the director determines by rule adopted under Chapter 119. of the Revised Code and that the controlling board approves. The renewal fee shall not exceed the actual cost of administering the license renewal and processing changes reflected in the renewal application. The renewal of the license is effective for up to one year.
(3) A lottery sales agent license shall be complete, accurate, and current at all times during the term of the license. Any changes to an original license application or a renewal application may subject the applicant or lottery sales agent, as applicable, to paying an administrative fee that shall be in an amount that the director determines by rule adopted under Chapter 119. of the Revised Code, that the controlling board approves, and that shall not exceed the actual cost of administering and processing the changes to an application.
(4) The relationship between the state lottery commission and a
lottery sales
agent is one of trust. A lottery sales agent
collects funds on behalf of the
commission through the sale of
lottery tickets for which the agent receives a
compensation.
(H) Pending a final resolution of any question arising under
this section, the director of the state lottery commission may issue a temporary lottery sales
agent license, subject to such the terms and conditions as the
director
may
consider considers appropriate.
(I) If a lottery sales agent's rental payments for the
lottery sales agent's
premises are determined, in whole or in part, by the
amount of retail
sales the lottery sales agent makes, and if the rental agreement
does not expressly
provide that the amount of such those retail sales
includes the amounts
the lottery sales agent receives from lottery ticket sales,
only the amounts the
lottery sales agent receives as compensation
from the state
lottery commission for selling lottery tickets
shall be
considered to be amounts the lottery sales agent receives from the
retail sales
the lottery sales agent
makes, for the purpose of computing the
lottery sales agent's rental payments.
Sec. 3770.073. (A) If a person is entitled to a lottery prize award and is indebted to the state for the payment of any tax, workers' compensation premium, unemployment contribution, payment in lieu of unemployment contribution, certified claim under section 131.02 or 131.021 of the Revised Code, lottery sales receipts held in trust on behalf of the state lottery commission as described in division (G)(2)(4) of section 3770.05 of the Revised Code, or charge, penalty, or interest arising from these debts and if the amount of the prize money or the cost of goods or services awarded as a lottery prize award is five thousand dollars or more, the director of the state lottery commission, or the director's designee, shall do either of the following:
(1) If the prize award will be paid in a lump sum, deduct from the prize award and pay to the attorney general an amount in satisfaction of the debt and pay any remainder to that person. If the amount of the prize award is less than the amount of the debt, the entire amount of the prize award shall be deducted and paid in partial satisfaction of the debt.
(2) If the prize award will be paid in annual installments, on the date the initial installment payment is due, deduct from that installment and pay to the attorney general an amount in satisfaction of the debt and, if necessary to collect the full amount of the debt, do the same for any subsequent annual installments, at the time the installments become due and owing to the person, until the debt is fully satisfied.
(B) If a person entitled to a lottery prize award owes more than one debt, any debt subject to section 5739.33 or division (G) of section 5747.07 of the Revised Code shall be satisfied first.
(C) Except as provided in section 131.021 of the Revised Code, this section applies only to debts that have become final.
Sec. 4121.121. (A) There is hereby created the bureau of
workers' compensation, which shall be administered by the administrator of
workers' compensation. A person appointed to the position of administrator
shall possess significant management experience in effectively managing an
organization or organizations of substantial size and complexity. The
governor shall appoint the administrator as provided in section 121.03 of the
Revised Code, and the administrator shall
serve at the pleasure of the governor. The governor shall fix the
administrator's salary
on the basis of the administrator's experience and the administrator's
responsibilities and duties under this
chapter and Chapters 4123., 4127., 4131., and 4167. of
the Revised Code. The governor shall not appoint to the position of
administrator any person who has, or whose spouse
has, given a contribution to the campaign committee of the governor in
an amount greater than one thousand dollars during the two-year period
immediately preceding the date of the appointment of the administrator.
The administrator shall hold no other public office and shall devote
full time to the duties of administrator.
Before entering upon the duties of the office, the
administrator shall take an oath of office as required by
sections 3.22 and 3.23 of the Revised Code, and shall file in the office of
the secretary of state, a bond signed by the administrator and by surety
approved by the governor, for the sum of fifty thousand dollars payable to the
state, conditioned upon the faithful performance of the administrator's
duties.
(B) The administrator
is responsible for the management of the bureau of workers'
compensation and for the discharge of all administrative duties
imposed upon the administrator in this chapter and Chapters
4123., 4127., 4131., and 4167. of the Revised Code, and in the discharge thereof
shall do all of the following:
(1) Establish the overall administrative policy
of the bureau for the purposes of this chapter and Chapters 4123.,
4127., 4131., and 4167. of the Revised Code, and perform all acts and exercise all
authorities
and powers, discretionary and otherwise that are required
of or vested in the bureau or any of its employees in this chapter and
Chapters 4123., 4127., 4131., and 4167. of the Revised Code, except the acts and the
exercise of authority and power that is required of and
vested in the oversight commission or the industrial commission pursuant to
those chapters. The treasurer
of state shall honor all warrants signed by the administrator, or
by one or more of the administrator's employees, authorized
by the administrator
in writing, or bearing the facsimile signature of the
administrator or such employee under sections 4123.42 and 4123.44
of the Revised Code.
(2) Employ, direct, and supervise all employees required
in connection with the performance of the duties assigned to the
bureau by this chapter and Chapters 4123., 4127., 4131., and 4167. of
the Revised Code, and may establish job classification plans and
compensation for all employees of the bureau provided that this
grant of authority shall not be construed as affecting any
employee for whom the state employment relations board has
established an appropriate bargaining unit under section 4117.06
of the Revised Code. All positions of employment in the bureau
are in the classified civil service except those employees the
administrator may appoint to serve at the administrator's
pleasure in the unclassified civil service pursuant to section
124.11 of the Revised Code. The administrator shall fix the salaries of
employees the administrator appoints to serve at
the administrator's pleasure, including the chief operating
officer, staff physicians, and other senior management personnel of the
bureau and shall establish the compensation of staff attorneys of the
bureau's legal section and their immediate supervisors, and take whatever
steps are necessary to provide adequate compensation for other staff
attorneys.
The administrator may appoint a person holding who holds a certified
position in the classified service within the bureau to any state a position in the
unclassified service of within the bureau of workers' compensation. A
person so appointed pursuant to this division to a position in the unclassified service shall retain the right to resume the
position and status held by the person in the classified service
immediately prior to the person's appointment in the
unclassified service. If the position the person previously
held has been filled or placed in the unclassified service, or
is otherwise unavailable, the person shall be appointed to a
position in the classified service within the bureau that the
department of administrative services certifies is comparable in compensation
to the position the person previously held. Reinstatement, regardless of the
number of positions the person
held in the unclassified service. An employee's right to resume a position in the classified service may only be exercised when the administrator demotes the employee to a pay range lower than the employee's current pay range or revokes the employee's appointment to the unclassified service. An employee forfeits the right to resume a position in the classified service when the employee is removed from the position in the unclassified service due to incompetence, inefficiency, dishonesty, drunkenness, immoral conduct, insubordination, discourteous treatment of the public, neglect of duty, violation of this chapter or Chapter 124., 4123., 4127., 4131., or 4167. of the Revised Code, violation of the rules of the director of administrative services or the administrator of workers' compensation, any other failure of good behavior, any other acts of misfeasance, malfeasance, or nonfeasance in office, or conviction of a felony. An employee also forfeits the right to resume a position in the classified service upon transfer to a different agency.
Reinstatement to a
position in the classified service shall be to a position
substantially equal to that position in the classified service held previously, as certified by the
department of administrative services. If the
position the person previously held in the classified service has been placed
in the unclassified
service or is otherwise unavailable, the person shall be appointed to a
position in the classified service within the bureau
that the director of administrative services certifies is comparable in
compensation to the position the person previously held in the classified
service. Service in the position in the
unclassified
service shall be counted as service in the position in the
classified service held by the person immediately prior to the
person's appointment in the unclassified service. When a
person
is reinstated to a position in the classified
service as provided in this section division, the person is entitled to
all rights, status, and benefits accruing to the position during
the person's time of service in the position in the unclassified
service.
(3) Reorganize the work of the bureau, its sections,
departments, and offices to the extent necessary to achieve the
most efficient performance of its functions and to that end may
establish, change, or abolish positions and assign and reassign
duties and responsibilities of every employee of the bureau. All
persons employed by the commission in positions that, after
November 3, 1989, are supervised and directed by the
administrator under this section are transferred to the bureau in
their respective classifications but subject to reassignment and
reclassification of position and compensation as the
administrator determines to be in the interest of efficient
administration. The civil service status of any person employed
by the commission is not affected by this section. Personnel
employed by the bureau or the commission who are subject to
Chapter 4117. of the Revised Code shall retain all of their
rights and benefits conferred pursuant to that chapter as it
presently exists or is hereafter amended and nothing in this
chapter or Chapter 4123. of the Revised Code shall be construed
as eliminating or interfering with Chapter 4117. of the Revised
Code or the rights and benefits conferred under that chapter to
public employees or to any bargaining unit.
(4) Provide offices, equipment, supplies, and other
facilities for the bureau.
(5) Prepare and submit to the oversight commission information the
administrator considers pertinent or the oversight commission
requires, together
with the administrator's recommendations, in the form of
administrative rules, for the advice and consent of
the oversight commission, for
classifications of occupations or industries, for premium rates
and contributions, for the amount to be credited to the surplus
fund, for rules and systems of rating, rate revisions, and merit
rating. The administrator shall obtain, prepare, and submit any
other information the oversight commission requires for
the prompt and efficient discharge of its duties.
(6) Keep the accounts required by division (A) of section
4123.34 of the Revised Code and all other accounts and records
necessary to the collection, administration, and distribution of
the workers' compensation funds and shall obtain the statistical
and other information required by section 4123.19 of the Revised
Code.
(7) Exercise the investment powers vested in the
administrator by section 4123.44 of the Revised Code in
accordance with the investment objectives, policies, and
criteria established by the oversight commission
pursuant to section 4121.12 of the Revised Code and in consultation with the chief investment officer of the bureau of workers' compensation. The administrator shall not
engage in any
prohibited investment activity specified by the oversight commission pursuant
to division (G)(6) of section 4121.12 of the Revised Code and shall not invest in any type of investment specified in division divisions (G)(6)(a) to (j) of that section. All business
shall be transacted, all funds invested, all warrants for money drawn and
payments made, and all cash and securities and other property held, in the
name of the bureau, or in the name of its nominee, provided that nominees are
authorized by the administrator solely for
the purpose of facilitating the transfer of securities, and restricted to
the administrator and designated
employees.
(8) Make contracts
for and supervise the construction of any project or improvement
or the construction or repair of buildings under the control of
the bureau.
(9) Purchase supplies, materials, equipment, and services; make contracts
for, operate, and superintend the telephone, other telecommunication,
and computer services for the use of the bureau; and make
contracts in connection with office reproduction, forms
management, printing, and other services. Notwithstanding sections 125.12
to 125.14 of the Revised Code, the administrator may transfer surplus computers and computer
equipment directly to an accredited public school within the state. The
computers and computer equipment may be repaired or refurbished prior to the
transfer.
(10) Separately from the budget the industrial
commission submits,
prepare and submit to the director of budget and management a
budget for each biennium. The budget submitted shall include
estimates of the costs and necessary expenditures of the bureau
in the discharge of any duty imposed by law.
(11) As promptly as possible in the course of efficient
administration, decentralize and relocate such of the personnel
and activities of the bureau as is appropriate to the end that
the receipt, investigation, determination, and payment of claims
may be undertaken at or near the place of injury or the residence
of the claimant and for that purpose establish regional offices,
in such places as the administrator considers proper, capable
of discharging as
many of the functions of the bureau as is practicable so as to
promote prompt and efficient administration in the processing of
claims. All active and inactive lost-time claims files shall be
held at the service office responsible for the claim. A
claimant, at the claimant's request, shall be provided with
information by
telephone as to the location of the file pertaining to the claimant's claim. The
administrator shall ensure that all service office employees
report directly to the director for their service office.
(12) Provide a written binder on new coverage where the
administrator considers it to be in the best interest of the risk. The
administrator, or any other person authorized by the
administrator, shall grant
the binder upon submission of a request for coverage by the
employer. A binder is effective for a period of thirty days from
date of issuance and is nonrenewable. Payroll reports and
premium charges shall coincide with the effective date of the
binder.
(13) Set standards for the reasonable and maximum handling
time of claims payment functions, ensure, by rules, the impartial
and prompt treatment of all claims and employer risk accounts,
and establish a secure, accurate method of time stamping all
incoming mail and documents hand delivered to bureau employees.
(14) Ensure that all employees of the bureau follow the
orders and rules of the commission as such orders and rules
relate to the commission's overall adjudicatory policy-making and
management duties under this chapter and Chapters 4123., 4127.,
and 4131. of the Revised Code.
(15) Manage and operate a data processing system with a
common data base for the use of both the bureau and the
commission and, in consultation with the commission, using
electronic data processing equipment, shall develop a claims
tracking system that is sufficient to monitor the status of a
claim at any time and that lists appeals that have been filed and
orders or determinations that have been issued pursuant to
section 4123.511 or 4123.512 of the Revised Code, including the
dates of such filings and issuances.
(16) Establish and maintain a medical section within the
bureau. The medical section shall do all of the following:
(a) Assist the administrator in establishing standard
medical fees, approving medical procedures, and determining
eligibility and reasonableness of the compensation payments for
medical, hospital, and nursing services, and in establishing
guidelines for payment policies which recognize usual, customary,
and reasonable methods of payment for covered services;
(b) Provide a resource to respond to questions from claims
examiners for employees of the bureau;
(c) Audit fee bill payments;
(d) Implement a program to utilize, to the maximum extent
possible, electronic data processing equipment for storage of
information to facilitate authorizations of compensation payments
for medical, hospital, drug, and nursing services;
(e) Perform other duties assigned to it by the
administrator.
(17) Appoint, as the administrator determines necessary,
panels to review
and advise the administrator on disputes arising over a
determination that a health care service or supply provided to a
claimant is not covered under this chapter or Chapter 4123. of
the Revised Code or is medically unnecessary. If an individual
health care provider is involved in the dispute, the panel shall
consist of individuals licensed pursuant to the same section of
the Revised Code as such health care provider.
(18) Pursuant to section 4123.65 of the Revised Code,
approve applications for the final settlement of claims for
compensation or benefits under this chapter and Chapters 4123.,
4127., and 4131. of the Revised Code as the administrator
determines appropriate, except in regard to the
applications of
self-insuring employers and their employees.
(19) Comply with section 3517.13 of the Revised Code, and
except in regard to contracts entered into pursuant to
the authority contained in section 4121.44 of the Revised Code,
comply with the competitive bidding
procedures set forth in the Revised Code for all contracts into
which the administrator enters provided that those contracts
fall within the type of contracts and dollar amounts specified in the Revised
Code for competitive bidding and further provided that those contracts are not
otherwise specifically exempt from the competitive bidding procedures
contained in the Revised Code.
(20) Adopt, with the advice and consent of the oversight
commission, rules for the operation of the bureau.
(21) Prepare and submit to the oversight commission information the
administrator considers pertinent or the oversight commission requires,
together with the administrator's recommendations, in the form of
administrative rules, for the advice and consent of the oversight commission,
for the health partnership program and the qualified health plan system, as
provided in sections 4121.44, 4121.441, and 4121.442 of the Revised Code.
(C) The administrator, with the advice and consent of the senate,
shall appoint a chief operating officer who
has significant experience in the field of workers'
compensation insurance or other similar insurance industry experience if the
administrator does not possess such experience. The chief operating officer
shall not commence the chief operating officer's duties
until after the senate consents to the chief
operating officer's appointment. The chief operating officer
shall serve in the unclassified civil service of the state.
Sec. 4503.068. On or before the second Monday in September
of each year, the county treasurer shall total the amount by
which the taxes levied in that year were reduced pursuant to
section 4503.067 of the Revised Code, and certify that amount to
the tax commissioner. Within ninety days of the receipt of the
certification, the commissioner shall certify that amount to the
auditor director of state budget and management and the auditor director shall make two payments from the
general revenue fund in favor of the county treasurer. One shall
be in the full amount by which taxes were reduced. The other
shall be in an amount equal to two per cent of such amount and
shall be a payment to the county auditor and county treasurer for
the costs of administering sections 4503.064 to 4503.069 of the
Revised Code.
Immediately upon receipt of the payment in the full amount
by which taxes were reduced, the full amount of the payment shall
be distributed among the taxing districts in the county as though
it had been received as taxes under section 4503.06 of the
Revised Code from each person for whom taxes were reduced under
sections 4503.064 to 4503.069 of the Revised Code.
Sec. 4728.03. (A) As used in this section,
"experience
and
fitness in the capacity involved" means that the applicant
for a
precious metals dealer's license has had sufficient
financial
responsibility, reputation, and experience in the business of
precious metals dealer, or a related business, to act as a
precious metals dealer in compliance with this chapter.
(B)(1) The division of financial institutions
in the
department
of commerce may grant a precious metals dealer's
license to any
person of good character, having experience and
fitness in the
capacity involved, who demonstrates a net worth of
at least ten
thousand dollars and the ability to maintain that net
worth
during the licensure period. The superintendent of
financial
institutions shall compute the applicant's net
worth
according to generally accepted accounting principles.
(2) In place of the demonstration of net worth required by
division (B)(1) of this section, an applicant may obtain a surety
bond issued by a surety company authorized to do business in this
state if all of the following conditions are met:
(a) A copy of the surety bond is filed with the division;
(b) The bond is in favor of any person, and of the state
for
the benefit of any person, injured by any violation of this
chapter;
(c) The bond is in the amount of not less than ten
thousand
dollars.
(3) Before granting a license under this division, the
division shall determine that the applicant meets the
requirements
of division (B)(1) or (2) of this section.
(C) The division shall require an applicant for a precious
metals dealer's license to pay to the division a nonrefundable,
initial investigation fee of two hundred dollars which shall be
for the exclusive use of the state. The license fee for a
precious metals dealer's license and the renewal fee shall be
determined by the superintendent, provided
that the fee may not
exceed three hundred dollars. A license
issued by the division
shall expire on the last day of June next
following the date of
its issuance. Fifty per cent of license
fees shall be for the use
of the state, and fifty per cent shall
be paid to the municipal
corporation, or if outside the limits of
any municipal
corporation, to the county in which the office of
the licensee is
located. All portions of license fees payable to
municipal
corporations or counties shall be paid as they accrue,
by the
treasurer of state, on vouchers issued by the auditor director of
state budget and management.
(D) Every such license shall be renewed annually by the
last
day of June according to the standard renewal procedure of
sections Chapter 4745. of the Revised Code. No license shall be
granted to any person not a resident of or the principal office
of
which is not located in the municipal corporation or county
designated in such license, unless, and until such applicant
shall, in writing and in due form, to be first approved by and
filed with the division, appoint an agent, a resident of the
state, and city or county where the office is to be located, upon
whom all judicial and other process, or legal notice, directed to
the applicant may be served; and in case of the death, removal
from the state, or any legal disability or any disqualification
of
any agent, service of process or notice may be made upon the
superintendent.
(E) The division may, pursuant to Chapter 119. of the
Revised Code, upon notice to the licensee and after giving the
licensee reasonable opportunity to be heard, revoke or suspend
any
license, if the licensee or the licensee's
officers, agents, or
employees violate this chapter. Whenever, for any
cause, the
license is revoked
or suspended, the division
shall not issue
another license to the licensee nor to the
husband or wife of the
licensee, nor to any copartnership or
corporation of which the
licensee is an officer, nor to any
person employed
by the
licensee, until the expiration of at least one year from
the date
of revocation of the license.
(F) In conducting an investigation to determine whether an
applicant satisfies the requirements for licensure under this
section, the superintendent may request that
the superintendent of
the bureau of criminal identification and
investigation
investigate and determine whether the bureau has
procured any
information pursuant to section 109.57 of the
Revised Code
pertaining to the applicant.
If the superintendent of financial institutions
determines
that conducting an investigation to determine whether an applicant
satisfies the requirements for licensure under this section will
require procuring information outside the state, then, in
addition
to the fee established under division (C) of this
section, the
superintendent may require the applicant to pay any
of the actual
expenses incurred by the division to conduct such
an
investigation, provided that the superintendent shall assess
the
applicant a total no greater than one thousand dollars for
such
expenses. The superintendent may require the applicant to
pay in
advance of the investigation, sufficient funds to cover
the
estimated cost of the actual expenses. If the superintendent
requires the applicant to pay investigation expenses, the
superintendent shall provide to the applicant an itemized
statement of the
actual
expenses incurred by the division to
conduct the investigation.
(G)(1) Except as otherwise provided in division (G)(2) of
this
sections
section a precious metals dealer licensed under this
section
shall maintain a net worth of at least ten thousand
dollars,
computed as required under division (B)(1) of this
section, for as
long as the licensee holds a valid precious
metals dealer's
license issued pursuant to this section.
(2) A licensee who obtains a surety bond under division
(B)(2) of this section is exempt from the requirement of division
(G)(1) of this section, but shall maintain the bond for at least
two years after the date on which the licensee ceases to conduct
business in this state.
Sec. 4763.03. (A) In addition to any other duties imposed
on the real estate appraiser board under this chapter, the board
shall:
(1) Adopt rules, in accordance with Chapter 119. of the
Revised Code, in furtherance of this chapter, including, but not
limited to, all of the following:
(a) Defining, with respect to state-certified
general real
estate appraisers, state-certified residential real
estate
appraisers, and state-licensed residential
real estate appraisers,
the type of educational experience,
appraisal experience, and
other equivalent experience that
satisfy the requirements of this
chapter. The rules shall
require that all appraisal experience
performed after January 1,
1996,
meet the uniform standards of
professional practice established by the
appraisal foundation.
(b) Establishing the examination specifications for
state-certified general real estate appraisers, state-certified
residential real estate appraisers, and state-licensed
residential
real estate appraisers;
(c) Relating to disciplinary proceedings conducted
in
accordance with section 4763.11 of the Revised Code, including
rules governing the reinstatement of certificates,
registrations,
and licenses
that have been suspended pursuant to those
proceedings;
(d) Identifying any additional information to be
included on
the forms specified in division (C) of section
4763.12 of the
Revised Code, provided that the rules shall not
require any less
information than is required in that division;
(e) Establishing the fees set forth in section
4763.09 of
the Revised Code;
(f) Establishing the amount of the assessment
required by
division (A)(2) of section 4763.05 of the Revised
Code. The board
annually shall determine the amount due from
each applicant for an
initial certificate, registration, and
license in an
amount that
will maintain the real estate appraiser recovery fund
at the level
specified in division (A) of section 4763.16 of the
Revised Code.
The board may, if the fund falls below that
amount, require
current certificate holders, registrants, and
licensees to pay
an
additional assessment.
(g) Defining, with respect to state-registered real estate
appraiser assistants, the educational and experience requirements of pursuant to division (C)(1)(d) of section 4763.05 of the Revised Code;
(h) Establishing a real estate appraiser assistant program
for
the registration of real estate appraiser assistants.
(2) Provide or procure appropriate examination questions
and
answers for Prescribe by rule the requirements for the examinations required by division (D) of
section
4763.05 of the Revised Code, and establish the criteria
for
successful completion of those examinations;
(3) Periodically review the standards for preparation and
reporting of real estate appraisals provided in this chapter and
adopt rules explaining and interpreting those standards;
(4) Hear appeals, pursuant to Chapter 119. of the Revised
Code, from decisions and orders the superintendent of real estate
issues pursuant to this chapter;
(5) Request the initiation by the superintendent of
investigations of violations of this chapter or the rules adopted
pursuant thereto, as the board determines appropriate;
(6) Determine the appropriate disciplinary actions to be
taken against certificate holders, registrants, and licensees
under this
chapter as provided in section 4763.11 of the Revised
Code.
(B) In addition to any other duties imposed on the
superintendent of real estate under this chapter, the
superintendent shall:
(1) Prescribe the form and content of all applications
required by this chapter;
(2) Receive applications for certifications, registrations,
and
licenses
and renewal thereof under this chapter and establish
the
procedures for processing, approving, and disapproving those
applications;
(3) Retain records and all application materials submitted
to the superintendent;
(4) Establish the time and place for conducting the
examinations required by division (D) of section 4763.05 of the
Revised Code;
(5) Issue certificates, registrations, and licenses and
maintain a
register of the names and addresses of all persons
issued a
certificate, registration, or license under this chapter;
(6) Perform any other functions and duties, including the
employment of staff, necessary to administer this chapter;
(7) Administer this chapter;
(8) Issue all orders necessary to implement this chapter;
(9) Investigate complaints, upon the superintendent's own
motion
or upon
receipt of a complaint or upon a request of the
board, concerning
any violation of this chapter or the rules
adopted pursuant
thereto or the conduct of any person holding a
certificate,
registration, or
license issued pursuant to this
chapter;
(10) Establish and maintain an investigation and audit
section to investigate complaints and conduct inspections,
audits,
and other inquiries as in the judgment of the
superintendent are
appropriate to enforce this chapter. The
investigators and
auditors have the right to review and audit the
business records
of certificate holders, registrants, and
licensees during
normal
business hours. The superintendent may utilize the
investigators
and auditors employed pursuant to division (B)(4)
of section
4735.05 of the Revised Code or currently licensed certificate
holders or licensees to assist in performing the duties of
this
division.
(11) Appoint a referee or examiner for any proceeding
involving the revocation or suspension of a certificate,
registration, or
license under section 3123.47 or 4763.11 of the
Revised Code;
(12) Administer the real estate appraiser recovery fund;
(13) Conduct the examinations required by division (D) of
section 4763.05 of the Revised Code at least four times per year.
(C) The superintendent may do all of the following:
(1) In connection with investigations and audits under
division (B) of this section, subpoena witnesses as provided in
section 4763.04 of the Revised Code;
(2) Apply to the appropriate court to enjoin any violation
of this chapter. Upon a showing by the superintendent that any
person has violated or is about to violate this chapter, the
court
shall grant an injunction, restraining order, or other
appropriate
relief, or any combination thereof.
(D) All information that is obtained by investigators and
auditors performing investigations or conducting inspections,
audits, and
other inquiries pursuant to division (B)(10) of this
section, from
certificate holders, registrants, licensees,
complainants, or other persons,
and all reports, documents, and
other work products that arise from that
information and that are
prepared by the investigators, auditors, or other
personnel of the
department of commerce, shall be held in confidence by the
superintendent, the investigators and auditors, and other
personnel of the
department.
(E) This section does not prevent the division of real estate and professional licensing from releasing information relating to certificate holders, registrants, and licensees to the superintendent of financial institutions for purposes relating to the administration of sections 1322.01 to 1322.12 of the Revised Code, to the superintendent of insurance for purposes relating to the administration of Chapter 3953. of the Revised Code, to the attorney general, or to local law enforcement agencies and local prosecutors. Information released by the division pursuant to this section remains confidential.
(F) Any rule the board adopts shall not exceed the requirements specified in federal law or regulations.
Sec. 4763.05. (A)(1)(a) A person shall make application for
an
initial state-certified general real estate appraiser
certificate,
an initial state-certified residential
real estate appraiser
certificate, an initial state-licensed
residential real estate
appraiser license, or an initial state-registered real estate
appraiser assistant registration in writing to the superintendent
of real
estate
on a form the superintendent prescribes. The
application shall
include the address of the applicant's principal
place of
business and all other addresses at which the applicant
currently engages in
the business of preparing real estate
appraisals and the address
of the applicant's current residence.
The superintendent shall
retain the applicant's current residence
address in a separate
record which shall not constitute a public
record for purposes of
section 149.03 of the Revised Code. The
application shall
indicate whether the applicant seeks
certification as a general
real estate appraiser or as a
residential real estate appraiser,
licensure as a residential real
estate
appraiser, or registration as a real estate appraiser
assistant
and be accompanied by the prescribed examination and
certification, registration, or licensure fees set forth in
section 4763.09 of
the Revised Code. The application also shall
include a fingerprint of the applicant; a pledge,
signed by the applicant, that the applicant will
comply with the
standards
set forth in this chapter; and a
statement that the applicant
understands the
types of misconduct
for which disciplinary proceedings may be
initiated against the
applicant pursuant to this chapter.
(b) Upon the filing of an application and payment of any examination and certification, registration, or licensure fees, the superintendent of real estate shall request the superintendent of the bureau of criminal identification and investigation, or a vendor approved by the bureau, to conduct a criminal records check based on the applicant's fingerprints in accordance with division (A)(11) of section 109.572 of the Revised Code. Notwithstanding division (J) of section 121.08 of the Revised Code, the superintendent of real estate shall request that criminal record information from the federal bureau of investigation be obtained as part of the criminal records check. Any fee required under division (C)(3) of section 109.572 of the Revised Code shall be paid by the applicant.
(2) For purposes of providing funding for the real estate
appraiser recovery fund established by section 4763.16 of the
Revised Code, the real estate appraiser board shall levy an
assessment against each person issued an initial certificate,
registration, or
license and against current licensees,
registrants, and
certificate holders, as
required by board rule.
The assessment is in addition to the
application and examination
fees for initial applicants required
by division (A)(1) of this
section and the renewal fees required
for current certificate
holders, registrants, and licensees.
The
superintendent of real estate shall
deposit the assessment into the state
treasury to the credit of
the real estate appraiser recovery
fund. The assessment for
initial certificate holders,
registrants, and
licensees shall be
paid prior to the issuance of a certificate,
registration, or
license, and for current certificate holders,
registrants, and
licensees, at
the time of renewal.
(B) An applicant for an initial general real estate
appraiser
certificate, residential real estate appraiser certificate, or residential real estate appraiser license shall possess at least thirty months of
experience in real
estate appraisal, or any equivalent experience
the board prescribes. An
applicant for a
residential real estate
appraiser certificate or residential real
estate appraiser license
shall possess at least two years of experience in real estate
appraisal, or any equivalent experience as the board prescribes by rule. In
addition to any other information required by the board, the
applicant shall furnish, under oath, a detailed listing of the
appraisal reports or file memoranda for each year for which
experience is claimed and, upon request of the superintendent or
the board, shall make available for examination a sample of the
appraisal reports prepared by the applicant in the course of
the
applicant's practice.
(C)(1) Except as provided in division (C)(2) of this
section, an An applicant for an initial certificate, registration,
or
license shall
be at least eighteen years of age, honest, truthful,
and of good
reputation and shall present satisfactory evidence to
the
superintendent of the following, as
appropriate:
(a) If the applicant is seeking a state-certified general
real estate appraiser certificate, that the applicant has
successfully
completed at least one hundred sixty-five classroom
hours
of courses
in subjects related to real estate appraisal,
including at least one
course devoted exclusively to federal,
state, and municipal fair housing
law, presented by a
nationally
recognized appraisal organization, an institution of
higher
education, a
career school registered by the state
board of
career colleges and
schools, a state or federal
commission or agency, or any other
organization that represents
the interests of financial
institutions or real estate brokers,
appraisers, or agents and
that provides appraisal education, plus
fifteen classroom hours
related to standards of professional
practice and the provisions
of this chapter;
(b) If the applicant is seeking a state-certified
residential real estate
appraiser certificate, that the applicant
has successfully completed at least
one hundred
five classroom
hours of courses in subjects related to real estate
appraisal,
including at least one course devoted exclusively to
federal,
state, and municipal fair housing law,
presented by a nationally
recognized appraisal organization, an institution of
higher
education, a
career school registered by the state
board of
career colleges and
schools, or any other organization that represents the
interests
of financial institutions or real estate brokers, appraisers, or
agents and that provides appraisal education, plus fifteen
classroom hours
related to standards of professional practice and
the provisions of this
chapter;
(c) If the applicant is seeking a state-licensed
residential
real estate appraiser license, that the applicant has
successfully
completed at least seventy-five classroom
hours of courses
in
subjects related to real estate appraisal, including at least one
course devoted exclusively to federal,
state, and municipal fair
housing law,
presented by a
nationally recognized appraisal
organization, an institution of
higher education, a
career school registered by the state
board of
career colleges and schools, a state or federal
commission or agency, or any other organization that represents
the interests of financial institutions or real estate brokers,
appraisers, or agents and that provides appraisal education, plus
fifteen classroom hours related to standards of professional
practice and the provisions of this chapter;
(d) If the applicant is seeking a state-registered real
estate
appraiser assistant registration, that the applicant has
successfully
completed at least seventy-five classroom
hours of
courses in subjects related to real estate appraisal,
including at
least one course devoted exclusively to federal,
state, and
municipal fair housing law,
presented by a nationally recognized
appraisal
organization, an institution of higher education, a
career school
registered by the state board of
career colleges and schools, or
any other
organization that represents the interests of financial
institutions or real
estate brokers, appraisers, or agents, and
that provides appraisal education
that included at least fifteen
classroom hours of
instruction related to standards of
professional practice and the requirements of this chapter and the
rules
adopted under this chapter.
(2) Each person who files an application for an initial
certificate or license within one year of the date established by
the board as the first date on which applications will be
accepted
under this section, which date shall be no later than
September 1,
1990, and who, at the time of filing that
application, does not
satisfy the educational requirements for
the certification or
licensure sought of either division
(C)(1)(a) or (b) of this
section is exempt from those educational
requirements for the term
of the initial certification or
licensure. In applying for a
renewal certificate or license
pursuant to section 4763.06 of the
Revised Code, a certificate
holder or licensee who was exempted
from the educational
requirements of division (C)(1)(a) or (b) of
this section when
applying for the initial certificate or license
shall
present
satisfactory evidence to the superintendent that the
certificate
holder or licensee has completed
the educational
requirements for the certification or licensure
to be renewed of
one of those divisions before the renewal
certificate or license
may be issued any education requirements the board prescribes by rule.
(D) An applicant for an initial general real estate
appraiser or
residential real estate appraiser certificate or
residential real
estate appraiser license
shall take and
successfully complete a written examination in
order to qualify
for the certificate or license. The examination
shall require the
applicant to demonstrate all of the following:
(1) Appropriate knowledge of technical terms commonly used
in or related to real estate appraising, appraisal report
writing,
and the economic concepts applicable to real estate;
(2) Understanding of the principles of land economics,
real
estate appraisal processes, and problems likely to be
encountered
in gathering, interpreting, and processing of data in
carrying out
appraisal disciplines;
(3) Understanding of the standards for the development and
communication of real estate appraisals as provided in this
chapter and the rules adopted thereunder;
(4) Knowledge of theories of depreciation, cost
estimating,
methods of capitalization, direct sales comparison,
and the
mathematics of real estate appraisal that are appropriate
for the
certification or licensure for which the applicant has
applied;
(5) Knowledge of other principles and procedures as
appropriate for the certification or license;
(6) Basic understanding of real estate law;
(7) Understanding of the types of misconduct for which
disciplinary proceedings may be initiated against a certificate
holder and licensee The board shall prescribe the examination requirements by rule.
(E)(1) A nonresident, natural person of this state who
has
complied with this section may obtain a certificate,
registration,
or
license. The board shall adopt rules relating to the
certification, registration, and licensure of a nonresident
applicant whose
state of residence the board determines to have
certification,
registration, or
licensure requirements that are
substantially similar to those
set forth in this chapter and the
rules adopted thereunder.
(2) The board shall recognize on a temporary basis a certification or license issued in another state and shall register on a temporary basis an appraiser who is certified or licensed in another state if all of the following apply:
(a) The temporary registration is to perform an appraisal assignment that is part of a federally related transaction.
(b) The appraiser's business in this state is of a temporary nature.
(c) The appraiser registers with the board pursuant to this division.
An appraiser who is certified or licensed in another state shall register with the board for temporary practice before performing an appraisal assignment in this state in connection with a federally related transaction.
The board shall adopt rules relating to registration for the temporary
recognition of certification and licensure of appraisers from another state. The registration for temporary recognition of certified or licensed appraisers from another state shall not authorize completion of more than one appraisal assignment in this state. The board shall not issue more
than two registrations for temporary practice to any one applicant in any calendar
year.
(3) In addition to any other information required to be
submitted with the nonresident applicant's or appraiser's
application for a certificate, registration,
license, or
temporary recognition of a
certificate or license, each nonresident applicant or
appraiser
shall submit a statement consenting to the service of
process upon
the nonresident applicant or appraiser by means
of delivering that
process to the
secretary of state if, in an action against the
applicant,
certificate holder, registrant, or licensee arising
from the
applicant's,
certificate holder's, registrant's, or
licensee's activities as a
certificate
holder, registrant, or
licensee, the plaintiff, in the exercise
of due
diligence, cannot
effect personal service upon the applicant,
certificate holder,
registrant, or licensee.
(F) The superintendent shall not issue a certificate,
registration,
or license to, or recognize on a temporary basis an appraiser from another state that is a
corporation,
partnership, or association. This prohibition shall
not be
construed to prevent a certificate holder or licensee from
signing an appraisal report on behalf of a corporation,
partnership, or association.
(G) Every person licensed, registered, or certified under
this
chapter
shall notify the superintendent, on a form provided
by the
superintendent, of a change in the address of the
licensee's,
registrant's, or certificate holder's principal place
of business or
residence within thirty days of the change. If a
licensee's, registrant's, or
certificate holder's
license,
registration, or certificate is
revoked or not renewed, the
licensee, registrant, or
certificate holder
immediately shall
return the annual and any renewal
certificate,
registration, or
license to the superintendent.
(H)(1) The superintendent shall not issue a certificate,
registration,
or license to any
person, or recognize on a temporary basis an appraiser from another state, who
does not meet applicable minimum criteria for state
certification,
registration, or licensure prescribed by federal
law or rule.
(2) The superintendent shall not issue a general real estate appraiser certificate, residential real estate appraiser certificate, residential real estate appraiser license, or real estate appraiser assistant registration to any person who has been convicted of or pleaded guilty to any criminal offense involving theft, receiving stolen property, embezzlement, forgery, fraud, passing bad checks, money laundering, or drug trafficking, or any criminal offense involving money or securities, including a violation of an existing or former law of this state, any other state, or the United States that substantially is equivalent to such an offense. However, if the applicant has pleaded guilty to or been convicted of such an offense, the superintendent shall not consider the offense if the applicant has proven to the superintendent, by a preponderance of the evidence, that the applicant's activities and employment record since the conviction show that the applicant is honest, truthful, and of good reputation, and there is no basis in fact for believing that the applicant will commit such an offense again.
Sec. 4763.06. (A) A person licensed, registered, or certified
under
this chapter may obtain a renewal certificate, registration, or
license by
filing a renewal application with and paying the renewal fee set
forth in section 4763.09 of the Revised Code and any amount
assessed pursuant to division (A)(2) of section 4763.05 of the
Revised Code to the superintendent of real estate. The renewal application shall include a statement, signed by the certificate holder, registrant, or licensee, that the certificate holder, registrant, or licensee has not, during the immediately preceding twelve-month period, been convicted of or pleaded guilty to any criminal offense described in division (H)(2) of section 4763.05 of the Revised Code. The
certificate holder, registrant, or licensee shall file the
renewal application
at least thirty days, but no earlier than one hundred twenty
days, prior to expiration of the certificate holder's,
registrant's, or
licensee's current certificate, registration, or license. A
certificate holder
or licensee who applies for a renewal certificate or license who,
pursuant to division (C)(2) of section 4763.05 of the Revised
Code, was exempted from the educational requirements of division
(C)(1) of that section during the term of the initial certificate
or license, as a condition of renewal, also shall present
satisfactory evidence of having completed the appropriate
educational requirements of either division (C)(1)(a) or (b) of
that section since the effective date of the initial certificate
or license.
(B) A certificate holder, registrant, or licensee who fails to
renew a
certificate, registration, or license prior to its expiration is
ineligible to
obtain a renewal certificate, registration, or license and shall
comply with
section 4763.05 of the Revised Code in order to regain
certification or licensure, except that a certificate holder,
registrant, or
licensee may, within three months after the expiration of the
certificate holder's, registrant's, or licensee's
certificate, registration, or license, renew the
certificate, registration, or license without
having to comply with section 4763.05 of the Revised Code by
payment of all fees for renewal and payment of the late filing
fee set forth in section 4763.09 of the Revised Code. A
certificate holder, registrant, or licensee who applies for late
renewal of
the certificate holder's, registrant's, or licensee's
certificate, registration, or license may engage in all
activities permitted
by the certification, registration, or license being renewed for
the three-month
period following the certificate's, registration's, or license's
normal expiration date.
Sec. 4919.76. The public utilities commission of Ohio shall adopt rules applicable to motor carrier registration under the single state insurance registration program. The rules shall be consistent with and equivalent in scope, coverage, and content to the registration rules specified by the federal motor carrier safety administration or interstate commerce commission in accordance with the "Intermodal Surface Transportation Efficiency Act of 1991," 105 Stat. 2146, 49 U.S.C.A. 11506, whichever is applicable.
Sec. 5107.12. An assistance group seeking to participate in the Ohio works
first
program shall apply to a county department of job and
family services using an
application containing
information the director of job and family services
requires pursuant to rules adopted under section
5107.05 of the Revised Code and any additional information the county
department
requires. If cash assistance under the program
is to be paid by the auditor director of state budget and management through the medium of direct
deposit as provided by section 329.03 of the Revised Code, the application
shall be
accompanied by
information the auditor director needs to make direct
deposits.
When a county department receives an application
for participation in Ohio
works first, it shall promptly make an investigation
and record of the circumstances of the applicant in order to
ascertain the facts surrounding the application and to obtain
such other information as may be required. Upon the completion
of the investigation, the county
department shall determine
whether the applicant is eligible to participate, the
amount of cash assistance the
applicant should receive, and the approximate date when
participation shall
begin. The amount of cash assistance so determined shall be certified
to the department of job and family services in such form
as the
department shall
prescribe. Warrants, direct deposits, or debit cards shall be
delivered or made payable in the
manner
the department may prescribe.
To the extent required by rules
adopted under section 5107.05 of the Revised Code, a participant of Ohio works
first shall notify the county
department immediately upon the
receipt or
possession of additional income not
previously reported
to the county department. Any failure to so notify a county
department shall
be regarded as prima-facie evidence of an intent to defraud.
Sec. 5111.88. (A) As used in sections 5111.88 to 5111.8817 of the Revised Code:
"Administrative agency" means the department of job and family services or, if the department assigns the day-to-day administration of the ICF/MR conversion pilot program to the department of mental retardation and developmental disabilities pursuant to section 5111.887 of the Revised Code, the department of mental retardation and developmental disabilities.
"ICF/MR conversion pilot program" means the medicaid waiver component authorized by a waiver sought under division (B)(1) of this section.
"ICF/MR services" means intermediate care facility for the mentally retarded services covered by the medicaid program that an intermediate care facility for the mentally retarded provides to a resident of the facility who is a medicaid recipient eligible for medicaid-covered intermediate care facility for the mentally retarded services.
"Intermediate care facility for the mentally retarded" has the same meaning as in section 5111.20 of the Revised Code.
"Medicaid waiver component" has the same meaning as in section 5111.85 of the Revised Code.
(B) By July 1, 2006, or as soon thereafter as practical, but not Not later than January 1 June 30, 2007, the director of job and family services shall, after consulting with and receiving input from the ICF/MR conversion advisory council, submit both of the following to the United States secretary of health and human services:
(1) An application for a waiver authorizing the ICF/MR conversion pilot program under which intermediate care facilities for the mentally retarded, other than such facilities operated by the department of mental retardation and developmental disabilities, may volunteer to convert in whole or in part from providing intermediate care facility for the mentally retarded services to providing home and community-based services and individuals with mental retardation or a developmental disability who are eligible for ICF/MR services may volunteer to receive instead home and community-based services;
(2) An amendment to the state medicaid plan to authorize the director, beginning on the first day that the ICF/MR conversion pilot program begins implementation under section 5111.882 of the Revised Code and except as provided by section 5111.8811 of the Revised Code, to refuse to enter into or amend a medicaid provider agreement with the operator of an intermediate care facility for the mentally retarded if the provider agreement or amendment would authorize the operator to receive medicaid payments for more intermediate care facility for the mentally retarded beds than the operator receives on the day before that day.
(C) The director shall notify the governor, speaker and minority leader of the house of representatives, and president and minority leader of the senate when the director submits the application for the ICF/MR conversion pilot program under division (B)(1) of this section and the amendment to the state medicaid plan under division (B)(2) of this section. The director is not required to submit the application and the amendment at the same time.
Sec. 5115.06. Assistance under the disability financial
assistance program may be given by warrant, direct deposit, or,
if provided by the director of job and family services pursuant to
section
5101.33 of the Revised Code, by electronic benefit transfer. It
shall be inalienable whether by way of assignment, charge, or
otherwise, and is exempt from attachment, garnishment, or other
like process.
Any direct deposit shall be made to a financial
institution and account designated by the recipient. If disability financial assistance is to be paid by the auditor director of state budget and management through direct deposit, the application for assistance shall be accompanied by information the auditor director needs to make direct deposits.
The director of
job and family services
may adopt rules for designation of
financial institutions and accounts.
No financial institution
shall impose any charge for direct deposit of disability
financial assistance payments that it does not charge
all customers for similar services.
Sec. 5119.071. Any An appointing officer authority may appoint a person
holding who holds a certified position in the classified service of within the department of
mental health to any a position in the unclassified service of within the
department. A person so appointed pursuant to this section to a position in the unclassified service shall retain the right to
resume the position and status held by him the person in the classified
service immediately prior to his the person's appointment. If the
position the person previously held has been placed in the unclassified
service under this section, he shall be appointed to
a
position
in the classified service that the director of administrative
services certifies is comparable in compensation to the position
the person previously held. Reinstatement to the position in the unclassified service, regardless of the
number of positions the person
held in the unclassified service. An employee's right to resume a position in the classified service may only be exercised when an appointing authority demotes the employee to a pay range lower than the employee's current pay range or revokes the employee's appointment to the unclassified service. An employee forfeits the right to resume a position in the classified service when the employee is removed from the position in the unclassified service due to incompetence, inefficiency, dishonesty, drunkenness, immoral conduct, insubordination, discourteous treatment of the public, neglect of duty, violation of this chapter or Chapter 124. of the Revised Code, violation of the rules of the director of administrative services or the director of mental health, any other failure of good behavior, any other acts of misfeasance, malfeasance, or nonfeasance in office, or conviction of a felony. An employee also forfeits the right to resume a position in the classified service upon transfer to a different agency.
Reinstatement to a position in the
classified service shall be to a position substantially equal to
that position in the classified service held previously, as certified by the director of
administrative services. If the
position the person previously held in the classified service has been placed
in the unclassified
service or is otherwise unavailable, the person shall be appointed to a
position in the classified service within the department
that the director of administrative services certifies is comparable in
compensation to the position the person previously held in the classified
service. Service in the position in the
unclassified service shall be counted as service in the position
in the classified service held by the person immediately prior to
his the person's appointment to the position in the unclassified
service. When a person is reinstated to a position in the classified
service as provided in this section, he the person is entitled
to all rights, status, and emoluments benefits accruing to the position in the classified service during the person's time of
his service in the position in the unclassified
service.
Sec. 5120.03. (A) The Subject to division (C) of this section, the director of rehabilitation and
correction, by executive order and with the approval of the
governor, may change the purpose for which any institution or
place under the control of the department of rehabilitation and
correction, is being used. The director may designate a new or
another use for such institution, if the change of use and new
designation has for its objective, improvement in the
classification, segregation, care, education, cure, or
rehabilitation of persons subject to the control of the
department.
(B) The director of rehabilitation and correction, by
executive order, issued on or before December 31, 1988, shall
eliminate the distinction between penal institutions and
reformatory institutions. Notwithstanding any provision of the
Revised Code or the Administrative Code to the contrary, upon the
issuance of the executive order, any distinction made between the
types of prisoners sentenced to or otherwise assigned to the
institutions under the control of the department shall be
discontinued.
(C) The director may shall contract under section 9.06 of the Revised Code for the
private operation and management of a facility not less than two facilities under the control of the
department, unless the contractor managing and operating a facility is not in substantial compliance with the material terms and conditions of its contract and no other person or entity is willing and able to satisfy the obligations of the contract. All inmates assigned to a facility operated and managed by a
private contractor remain inmates in the care and custody of the department.
The statutes, rules, and policies of the department may apply to the private
contractor and any inmate assigned to a facility operated and managed by a
private contractor as agreed to in the contract entered into under section
9.06 of the Revised Code.
Sec. 5123.08. Any An appointing officer may appoint a person
holding who holds a certified position in the classified service of within the department of
mental retardation and developmental disabilities to any a position
in the unclassified service of within the department. A person so
appointed pursuant to this section to a position in the unclassified service shall retain the right to resume the position and
status held by him the person in the classified service
immediately prior to
his the person's appointment. If the position the person previously held
has
been placed in the unclassified service under this section, he
shall be appointed to a position in the classified service that
the director of administrative services certifies is comparable
in compensation to the position the person previously held.
Reinstatement to the position in the unclassified service, regardless of the
number of positions the person
held in the unclassified service. An employee's right to resume a position in the classified service may only be exercised when an appointing authority demotes the employee to a pay range lower than the employee's current pay range or revokes the employee's appointment to the unclassified service. An employee forfeits the right to resume a position in the classified service when the employee is removed from the position in the unclassified service due to incompetence, inefficiency, dishonesty, drunkenness, immoral conduct, insubordination, discourteous treatment of the public, neglect of duty, violation of this chapter or Chapter 124. of the Revised Code, the rules of the director of mental retardation and developmental disabilities or the director of administrative services, any other failure of good behavior, any other acts of misfeasance, malfeasance, or nonfeasance in office, or conviction of a felony. An employee also forfeits the right to resume a position in the classified service upon transfer to a different agency.
Reinstatement to a position in the classified service shall be to
a position substantially equal to that position in the classified service held previously, as
certified by the director of administrative services. If the
position the person previously held in the classified service has been placed
in the unclassified
service or is otherwise unavailable, the person shall be appointed to a
position in the classified service within the department that the director of administrative services certifies is comparable in
compensation to the position the person previously held in the classified
service. Service in
the position in the unclassified service shall be counted as
service in the position in the classified service held by the
person immediately prior to his the person's appointment to the
position in
the unclassified service. When a person is reinstated to a
position in the classified service as provided in this section,
he the person is entitled to all rights, status, and emoluments benefits accruing
to the
position in the classified service during the time of his the person's service in the
position in the
unclassified service.
Sec. 5139.02. (A)(1) As used in this section, "managing
officer"
means the
assistant director, a deputy director, an
assistant deputy director, a
superintendent, a regional
administrator, a deputy superintendent, or the
superintendent of
schools of the
department of youth services, a member of the
release authority, the chief of
staff to the release authority,
and the victims
administrator of the office of victim services.
(2) Each division established by the
director of youth
services shall consist of managing officers and
other employees,
including those employed in institutions and
regions as necessary
to perform the functions assigned to them.
The director,
assistant director, or appropriate deputy director
or managing
officer of the department shall supervise the work of
each
division and determine general policies governing the
exercise of
powers vested in the department and assigned to each
division.
The appropriate managing officer or deputy director is
responsible
to the director or assistant director for the
organization,
direction, and supervision of the work of the
division or unit and
for the exercise of the powers and the
performance of the duties
of the department assigned to it and,
with the director's
approval, may establish bureaus or other
administrative units
within the department.
(B) The director shall appoint all managing officers, who
shall be in the unclassified civil service. If the The director
appoints a may appoint a person who holds a certified position in the classified service
within the department to a position as a managing officer within the department. A person appointed pursuant to this division to a position as a managing officer from within the classified service of
the department, the person so appointed retains shall retain the right to
resume the position and status held by the person in the classified service
immediately prior to the person's appointment as managing officer. If
such a
person is removed from the position as managing
officer,
the
person shall be reinstated, regardless of the
number of positions the person
held in the unclassified service. A managing officer's right to resume a position in the classified service may only be exercised when the director demotes the managing officer to a pay range lower than the managing officer's current pay range or revokes the managing officer's appointment to the position of managing officer. A managing officer forfeits the right to resume a position in the classified service when the managing officer is removed from the position of managing officer due to incompetence, inefficiency, dishonesty, drunkenness, immoral conduct, insubordination, discourteous treatment of the public, neglect of duty, violation of this chapter or Chapter 124. of the Revised Code, the rules of the director of youth services or the director of administrative services, any other failure of good behavior, any other acts of misfeasance, malfeasance, or nonfeasance in office, or conviction of a felony. A managing officer also forfeits the right to resume a position in the classified service upon transfer to a different agency.
Reinstatement to a position in the classified service shall be to the position held
in the classified
service immediately prior to appointment as managing officer,
or
to another position certified by the director, with the
approval
of the department of administrative services, as being
substantially equal to that position. Any person holding the
position of managing officer on the effective date of this
section
is entitled to resume the position and status held in
the
classified service of the department of youth services
immediately
prior to appointment as a managing officer If the
position the person previously held in the classified service immediately prior to appointment as a managing officer has been placed
in the unclassified
service or is otherwise unavailable, the person shall be appointed to a
position in the classified service within the department
that the director of administrative services certifies is comparable in
compensation to the position the person previously held in the classified
service.
Service as a managing
officer shall be counted as service in the
position in the
classified service held by the reinstated person held
immediately prior to the person's
appointment as a managing officer. If a
person is reinstated to a
position in the classified service
under this division, the person
shall be returned to the pay range and step
to which the
person
had been assigned at the time of the appointment as
managing
officer. Longevity, where applicable, shall be calculated
pursuant to the provisions of section 124.181 of the Revised Code.
(C) Each person appointed as a managing officer shall have
received special training and shall have experience in the type
of
work that the person's division is required to perform.
Each
managing
officer, under the supervision of the director, has
entire charge
of the division, institution, unit, or region for
which the
managing officer is
appointed and, with the director's
approval, shall appoint
necessary employees and may remove them
for cause.
Sec. 5502.62. (A) There is hereby created in the department of public safety a division of
criminal justice services. The director of public safety, with the concurrence of the governor, shall appoint an executive director
of the division of criminal justice services. The executive director shall be the head of the division. The executive director shall serve at the pleasure of the director of public safety. To carry out the duties assigned under this section and to comply with sections 5502.63 to 5502.66 of the Revised Code, the executive director, subject to the direction and control of the director of public safety, may appoint and maintain any necessary staff and may enter into any necessary contracts and other agreements. The executive director of the division, and
all professional and technical
personnel employed within the
division who are not public employees
as defined in section 4117.01
of the Revised Code, shall be in the
unclassified civil service,
and all other persons employed within
the division shall be in the
classified civil service.
(B) Subject to division
(F) of this section and subject
to
divisions
(D) to (F) of section 5120.09 of the Revised Code
insofar as those
divisions relate to federal criminal justice acts
that the governor requires
the department of rehabilitation and
correction to administer, the division
of criminal justice services
shall do all of the following:
(1) Serve as the state criminal justice services agency
and
perform criminal
justice system planning in the
state, including
any planning that is required by any federal
law;
(2) Collect, analyze, and correlate information and data
concerning the criminal
justice
system in the
state;
(3) Cooperate with and provide technical assistance to
state
departments, administrative planning districts,
metropolitan
county criminal justice services agencies, criminal
justice
coordinating councils, agencies, offices, and departments
of the
criminal
justice
system in the state, and
other appropriate
organizations and persons;
(4) Encourage and assist agencies, offices, and
departments
of the criminal
justice
system in the
state
and other
appropriate organizations and persons to solve
problems
that
relate to the duties of the division;
(5) Administer within the state any federal criminal
justice
acts
that the governor requires
it to
administer;
(6)
Administer funds received under the
"Family Violence
Prevention and Services Act," 98 Stat. 1757 (1984), 42 U.S.C.A.
10401, as amended, with all powers necessary for the adequate
administration of those funds, including the authority to
establish a family violence prevention and services program.;
(7) Implement the state comprehensive plans;
(8) Audit grant activities of agencies, offices,
organizations, and persons that are financed in whole or in part
by funds granted through the division;
(9) Monitor or evaluate the performance of criminal
justice
system projects and programs in the state
that
are financed in
whole or in part by funds granted through the
division;
(10) Apply for, allocate, disburse, and account for
grants
that are made available pursuant to federal criminal
justice acts,
or made available from
other federal,
state, or private sources,
to improve the criminal
justice
system in the state. Except as otherwise provided in this division, all money
from
such federal
grants
shall, if the terms under which the money
is
received
require that
the
money be deposited into an
interest-bearing fund
or account,
be deposited in
the state
treasury to the credit of
the federal
program purposes fund, which
is hereby created. All
investment
earnings of the federal program purposes fund shall be
credited to
the fund. All money from such federal grants that require that the money be deposited into an interest-bearing fund or account, that are intended to provide funding to local criminal justice programs, and that require that investment earnings be distributed for program purposes shall be deposited in the state treasury to the credit of the federal justice programs fund funds, which is are hereby created. A separate fund shall be established each federal fiscal year. All investment earnings of the a federal justice programs fund shall be credited to the that fund and distributed in accordance with the terms of the grant under which the money is received.
(11) Contract with federal, state, and local agencies,
foundations, corporations, businesses, and persons when necessary
to carry out the duties of the division;
(12) Oversee the activities of metropolitan county
criminal
justice services agencies, administrative planning
districts, and
criminal justice coordinating councils in the
state;
(13) Advise the director of public safety, general assembly, and governor on
legislation
and other significant matters that pertain to the
improvement and
reform of criminal and juvenile justice systems
in
the state;
(14) Prepare and recommend legislation to the director of public safety, general
assembly, and governor for the improvement of the criminal and
juvenile justice systems in the state;
(15) Assist, advise, and make any reports that are
requested
or required by the governor, director of public safety, attorney general, or
general
assembly;
(16) Develop and maintain the Ohio incident-based reporting system in accordance with division (C) of this section;
(17) Subject to the approval of the director of public safety, adopt rules pursuant to Chapter 119. of the Revised
Code.
(C) The office division of criminal justice services shall develop and maintain the Ohio incident-based reporting system to facilitate the sharing of information with the federal bureau of investigation and participating law enforcement agencies in Ohio. The Ohio incident-based reporting system shall be known as OIBRS. In connection with OIBRS, the office division shall do all of the following:
(1) Collect and organize statistical data for reporting to the national incident-based reporting system operated by the federal bureau of investigation for the purpose of securing federal criminal justice grants;
(2) Analyze and highlight mapping data for participating law enforcement agencies;
(3) Distribute data and analyses to participating law enforcement agencies;
(4) Encourage nonparticipating law enforcement agencies to participate in OIBRS by offering demonstrations, training, and technical assistance;
(5) Provide assistance, advice, and reports requested by the governor, the general assembly, or the federal bureau of investigation;
(6) Require every law enforcement agency that receives federal criminal justice grants or state criminal justice information system general revenue funds through the office to participate in OIBRS or in the uniform crime reporting program of the federal bureau of investigation. An agency that submits OIBRS data to the Ohio local law enforcement information sharing network shall be considered to be in compliance with division (C)(6) of this section if both of the following apply:
(a) The Ohio local law enforcement information sharing network is capable of collecting OIBRS data.
(b) The office division of criminal justice services has the ability to extract the OIBRS data for reporting to the national incident-based reporting system in the manner required by the federal bureau of investigation.
(D)
Upon the request of the director of public safety or governor, the division of
criminal
justice services may do any of
the
following:
(1) Collect, analyze, or correlate information and data
concerning the juvenile justice system in the state;
(2) Cooperate with and provide technical assistance to state
departments, administrative planning districts, metropolitan
county criminal justice service agencies, criminal justice
coordinating councils, agency offices, and the departments of the
juvenile justice system in the state and other appropriate
organizations and persons;
(3) Encourage and assist agencies, offices, and departments
of the juvenile justice system in the state and other appropriate
organizations and persons to solve problems that relate to the
duties of the division.
(E)
Divisions (B), (C), and (D) of this section
do not limit
the
discretion or authority
of the attorney general with respect
to
crime victim assistance and
criminal justice programs.
(F) Nothing in this section is intended to diminish or
alter
the status of the office of the attorney general as a
criminal
justice services agency or to diminish or alter the status or discourage the development and use of other law enforcement information systems in Ohio.
Sec. 5537.01. As used in this chapter:
(A) "Commission" means the Ohio turnpike commission
created by section 5537.02 of the Revised Code or, if that
commission is abolished, the board, body, officer, or commission
succeeding to the principal functions thereof or to which the
powers given by this chapter to the commission are given by law.
(B) "Project" or "turnpike project" means any express or
limited access highway, super highway, or motorway constructed,
operated, or improved, under the jurisdiction of the commission
and pursuant to this chapter, at a location or locations reviewed by the
turnpike oversight legislative review committee and approved
by the governor, including all bridges, tunnels, overpasses,
underpasses, interchanges, entrance plazas, approaches, those
portions of connecting public roads that serve interchanges and
are determined by the commission and the director of
transportation to be necessary for the safe merging of traffic
between the turnpike project and those public roads, toll booths,
service facilities, and administration, storage, and other
buildings, property, and facilities that the commission considers
necessary for the operation or policing of the project, together
with all property and rights which may be acquired by the
commission for the construction, maintenance, or operation of the
project, and includes any sections or extensions of a turnpike
project designated by the commission as such for the particular
purpose. Each turnpike project shall be separately designated,
by name or number, and may be constructed, improved, or extended
in such sections as the commission may from time to time
determine. Construction includes the improvement and renovation
of a previously constructed project, including additional
interchanges, whether or not the project was initially
constructed by the commission.
(C) "Cost," as applied to construction of a turnpike
project, includes the cost of construction, including bridges
over or under existing highways and railroads, acquisition of all
property acquired by the commission for the construction,
demolishing or removing any buildings or structures on land so
acquired, including the cost of acquiring any lands to which the
buildings or structures may be moved, site clearance,
improvement, and preparation, diverting public roads,
interchanges with public roads, access roads to private property,
including the cost of land or easements therefor, all machinery,
furnishings, and equipment, communications facilities, financing
expenses, interest prior to and during construction and for one
year after completion of construction, traffic estimates,
indemnity and surety bonds and premiums on insurance, title work
and title commitments, insurance, and guarantees, engineering,
feasibility studies, and legal expenses, plans, specifications,
surveys, estimates of cost and revenues, other expenses necessary
or incident to determining the feasibility or practicability of
constructing or operating a project, administrative expenses, and
any other expense that may be necessary or incident to the
construction of the project, the financing of the construction,
and the placing of the project in operation. Any obligation or
expense incurred by the department of transportation with the
approval of the commission for surveys, borings, preparation of
plans and specifications, and other engineering services in
connection with the construction of a project, or by the federal
government with the approval of the commission for any public
road projects which must be reimbursed as a condition to the
exercise of any of the powers of the commission under this
chapter, shall be regarded as a part of the cost of the project
and shall be reimbursed to the state or the federal government,
as the case may be, from revenues, state taxes, or the proceeds
of bonds as authorized by this chapter.
(D) "Owner" includes all persons having any title or
interest in any property authorized to be acquired by the
commission under this chapter.
(E) "Revenues" means all tolls, service revenues,
investment income on special funds, rentals, gifts, grants, and
all other moneys coming into the possession of or under the
control of the commission by virtue of this chapter, except the
proceeds from the sale of bonds. "Revenues" does not include
state taxes.
(F) "Public roads" means all public highways, roads, and
streets in the state, whether maintained by a state agency or any
other governmental agency.
(G) "Public utility facilities" means tracks, pipes,
mains, conduits, cables, wires, towers, poles, and other
equipment and appliances of any public utility.
(H) "Financing expenses" means all costs and expenses
relating to the authorization, issuance, sale, delivery,
authentication, deposit, custody, clearing, registration,
transfer, exchange, fractionalization, replacement, payment, and
servicing of bonds including, without limitation, costs and
expenses for or relating to publication and printing, postage,
delivery, preliminary and final official statements, offering
circulars, and informational statements, travel and
transportation, underwriters, placement agents, investment
bankers, paying agents, registrars, authenticating agents,
remarketing agents, custodians, clearing agencies or
corporations, securities depositories, financial advisory
services, certifications, audits, federal or state regulatory
agencies, accounting and computation services, legal services and
obtaining approving legal opinions and other legal opinions,
credit ratings, redemption premiums, and credit enhancement
facilities.
(I) "Bond proceedings" means the resolutions, trust
agreements, certifications, notices, sale proceedings, leases,
lease-purchase agreements, assignments, credit enhancement
facility agreements, and other agreements, instruments, and
documents, as amended and supplemented, or any one or more or any
combination thereof, authorizing, or authorizing or providing for
the terms and conditions applicable to, or providing for the
security or sale or award or liquidity of, bonds, and includes
the provisions set forth or incorporated in those bonds and bond
proceedings.
(J) "Bond service charges" means principal, including any
mandatory sinking fund or mandatory redemption requirements for
the retirement of bonds, and interest and any redemption premium
payable on bonds, as those payments come due and are payable to
the bondholder or to a person making payment under a credit
enhancement facility of those bond service charges to a
bondholder.
(K) "Bond service fund" means the applicable fund created
by the bond proceedings for and pledged to the payment of bond
service charges on bonds provided for by those proceedings,
including all moneys and investments, and earnings from
investments, credited and to be credited to that fund as provided
in the bond proceedings.
(L) "Bonds" means bonds, notes, including notes
anticipating bonds or other notes, commercial paper, certificates
of participation, or other evidences of obligation, including any
interest coupons pertaining thereto, issued by the commission
pursuant to this chapter.
(M) "Net revenues" means revenues lawfully available to
pay both current operating expenses of the commission and bond
service charges in any fiscal year or other specified period,
less current operating expenses of the commission and any amount
necessary to maintain a working capital reserve for that period.
(N) "Pledged revenues" means net revenues, moneys and
investments, and earnings on those investments, in the applicable
bond service fund and any other special funds, and the proceeds
of any bonds issued for the purpose of refunding prior bonds, all
as lawfully available and by resolution of the commission
committed for application as pledged revenues to the payment of
bond service charges on particular issues of bonds.
(O) "Service facilities" means service stations,
restaurants, and other facilities for food service, roadside
parks and rest areas, parking, camping, tenting, rest, and
sleeping facilities, hotels or motels, and all similar and other
facilities providing services to the traveling public in
connection with the use of a turnpike project and owned, leased,
licensed, or operated by the commission.
(P) "Service revenues" means those revenues of the
commission derived from its ownership, leasing, licensing, or
operation of service facilities.
(Q) "Special funds" means the applicable bond service fund
and any accounts and subaccounts in that fund, any other funds or
accounts permitted by and established under, and identified as a
"special fund" or "special account" in, the bond proceedings,
including any special fund or account established for purposes of
rebate or other requirements under federal income tax laws.
(R) "State agencies" means the state, officers of the
state, and boards, departments, branches, divisions, or other
units or agencies of the state.
(S) "State taxes" means receipts of the commission from
the proceeds of state taxes or excises levied and collected, or
appropriated by the general assembly to the commission, for the
purposes and functions of the commission. State taxes do not
include tolls, or investment earnings on state taxes except on
those state taxes referred to in Section 5a of Article XII, Ohio
Constitution.
(T) "Tolls" means tolls, special fees or permit fees, or
other charges by the commission to the owners, lessors, lessees,
or operators of motor vehicles for the operation of or the right
to operate those vehicles on a turnpike project.
(U) "Credit enhancement facilities" means letters of
credit, lines of credit, standby, contingent, or firm securities
purchase agreements, insurance, or surety arrangements,
guarantees, and other arrangements that provide for direct or
contingent payment of bond service charges, for security or
additional security in the event of nonpayment or default in
respect of bonds, or for making payment of bond service charges
and at the option and on demand of bondholders or at the option
of the commission or upon certain conditions occurring under put
or similar arrangements, or for otherwise supporting the credit
or liquidity of the bonds, and includes credit, reimbursement,
marketing, remarketing, indexing, carrying, interest rate hedge, and subrogation
agreements, and other agreements and arrangements for payment and
reimbursement of the person providing the credit enhancement
facility and the security for that payment and reimbursement.
(V) "Person" has the same meaning as in section 1.59 of
the Revised Code and, unless the context otherwise provides, also
includes any governmental agency and any combination of those
persons.
(W) "Refund" means to fund and retire outstanding bonds,
including advance refunding with or without payment or redemption
prior to stated maturity.
(X) "Governmental agency" means any state agency, federal
agency, political subdivision, or other local, interstate, or
regional governmental agency, and any combination of those
agencies.
(Y) "Property" has the same meaning as in section 1.59 of
the Revised Code, and includes interests in property.
(Z) "Administrative agent," "agent," "commercial paper,"
"floating rate interest structure," "indexing agent," "interest rate hedge," "interest
rate period," "put arrangement," and "remarketing agent" have the
same meanings as in section 9.98 of the Revised Code.
(AA) "Outstanding," as applied to bonds, means outstanding
in accordance with the terms of the bonds and the applicable bond
proceedings.
(BB) "Ohio turnpike system" or "system" means all existing
and future turnpike projects constructed, operated, and
maintained under the jurisdiction of the commission.
Sec. 5537.02. (A) There is hereby created a commission to
be known as the "Ohio turnpike commission." The commission is a
body both corporate and politic, constituting an instrumentality
of the state, and the exercise by it of the powers conferred by
this chapter in the construction, operation, and maintenance of
the Ohio turnpike system are and shall be held to be essential
governmental functions of the state, but the commission shall not
be immune from liability by reason thereof. The commission is
subject to all provisions of law generally applicable to state
agencies which do not conflict with this chapter.
(B)(1) The commission shall consist of seven nine members as
follows:
(a) Four members appointed by the governor with the advice
and consent of the senate, no more than two of whom shall be
members of the same political party;
(b) The director of transportation who, the director of budget and management, and the director of development, each of whom shall be a member
ex officio without compensation;
(c) One member of the senate, appointed by the president
of the senate, who shall represent either a
district in which is located or through which passes a portion of a turnpike
project that is part of the Ohio turnpike system or a district
located in the vicinity of a turnpike project that is part of the
Ohio turnpike system;
(d) One member of the house of representatives, appointed
by the speaker of the house of representatives, who shall represent
either a district in which is located or through which passes a portion of a
turnpike project that is part of the
Ohio turnpike system or a district located in the vicinity of a
turnpike project that is part of the Ohio turnpike system.
(2) The members appointed by the governor shall be
residents of the state, shall have been qualified electors
therein for a period of at least five years next preceding their
appointment, and shall serve terms of eight years commencing on
the first day of July and ending on the thirtieth day of June.
Those members appointed by the president of the senate or the
speaker of the house of representatives shall serve a term of the
remainder of the general assembly during which the senator or
representative is appointed. Each appointed member shall hold
office from the date of appointment until the end of the term
for which the member was appointed. If a commission member dies or
resigns, or if a senator, or representative, or the director of
transportation who is a member of the commission ceases to be a
senator, or representative, or the director of transportation if an ex officio member ceases to hold the applicable office, the
vacancy shall be filled in the same manner as provided in
division (B)(1) of this section. Any member who fills a vacancy
occurring prior to the end of the term for which the member's
predecessor
was appointed shall, if appointed by the governor, hold office
for the remainder of such term or, if appointed by the president
of the senate or the speaker of the house of representatives,
shall hold office for the remainder of the term or for a shorter
period of time as determined by the president or the speaker.
Any member appointed by the governor shall continue in office
subsequent to the expiration date of the member's term until
the member's successor
takes office, or until a period of sixty days has elapsed,
whichever occurs first. A member of the commission is eligible
for reappointment. Each member of the commission appointed by
the governor, before entering upon his the member's duties,
shall take an oath
as provided by Section 7 of Article XV, Ohio Constitution. The
governor, the president of the senate, or the speaker of the
house of representatives, may at any time remove their respective
appointees to the commission for misfeasance, nonfeasance, or
malfeasance in office.
(3) A member of the commission who is appointed by the
president of the senate or the speaker of the house of
representatives shall not participate in any vote of the
commission. Serving as an appointed member of the commission
under divisions (B)(1)(c), (1)(d), or (2) of this section does
not constitute grounds for resignation from the senate or the
house of representatives under section 101.26 of the Revised
Code.
(C) The voting members of the commission shall elect one
of the appointed voting members as chairperson and another as
vice-chairperson, and shall appoint a secretary-treasurer
who need
not be a member of the commission. Three Five of the voting members
of the commission constitute a quorum, and the affirmative vote
of three five voting members is necessary for any action taken by the
commission. No vacancy in the membership of the commission
impairs the rights of a quorum to exercise all the rights and
perform all the duties of the commission.
(D) Each member of the commission appointed by the
governor shall give a surety bond to the commission in the penal
sum of twenty-five thousand dollars and the secretary-treasurer
shall give such a bond in at least the penal sum of fifty
thousand dollars. The commission may require any of its officers
or employees to file surety bonds including a blanket bond as
provided in section 3.06 of the Revised Code. Each such bond
shall be in favor of the commission and shall be conditioned upon
the faithful performance of the duties of the office, executed by
a surety company authorized to transact business in this state,
approved by the governor, and filed in the office of the
secretary of state. The costs of the surety bonds shall be paid
or reimbursed by the commission from revenues. Each member of
the commission appointed by the governor shall receive an annual
salary of five thousand dollars, payable in monthly installments.
Each member shall be reimbursed for the member's actual expenses
necessarily incurred in the performance of the member's duties.
All costs
and expenses incurred by the commission in carrying out this
chapter shall be payable solely from revenues and state taxes,
and no liability or obligation shall be incurred by the
commission beyond the extent to which revenues have been provided
for pursuant to this chapter.
Sec. 5537.03. In order to remove present and anticipated
handicaps and potential hazards on the congested highways in this
state, to facilitate vehicular traffic throughout the state, to
promote the agricultural, commercial, recreational, tourism, and
industrial development of the state, and to provide for the
general welfare by the construction, improvement, and maintenance
of modern express highways embodying safety devices, including
without limitation center divisions, ample shoulder widths,
longsight distances, multiple lanes in each direction, and grade
separations at intersections with other public roads and
railroads, the Ohio turnpike commission, subject to
section 5537.26 of the Revised Code, may construct, maintain,
repair, and operate a system of turnpike projects at locations
that are reviewed by the turnpike oversight legislative review committee and approved by the
governor, and in accordance with
alignment and design standards that are approved by the director
of transportation, and issue revenue bonds of this state, payable
solely from pledged revenues, to pay the cost of those projects.
The turnpikes and turnpike projects authorized by this chapter
are hereby or shall be made part of the Ohio turnpike system.
Sec. 5537.10. This chapter provides an additional and alternative method for
doing the things and taking the actions authorized by this chapter. This
chapter shall be regarded as supplemental and additional to powers conferred
by other laws, and shall not be regarded as in derogation of any powers
existing on or after September 1, 1949. The Except for section 126.11 of the Revised Code, the issuance of bonds under this
chapter need not comply with any other law applicable to the issuance of
bonds.
Sec. 5537.17. (A) Each turnpike project open to traffic
shall be maintained and kept in good condition and repair by the
Ohio turnpike commission. The Ohio turnpike system shall be
policed and operated by a force of police, toll collectors, and
other employees and agents that the commission employs or
contracts for.
(B) All public or private property damaged or destroyed in
carrying out the powers granted by this chapter shall be restored
or repaired and placed in its original condition, as nearly as
practicable, or adequate compensation or consideration made
therefor out of moneys provided under this chapter.
(C) All governmental agencies may lease, lend, grant, or
convey to the commission at its request, upon terms that the
proper authorities of the governmental agencies consider
reasonable and fair and without the necessity for an
advertisement, order of court, or other action or formality,
other
than the regular and formal action of the authorities
concerned,
any property that is necessary or convenient to the
effectuation
of the purposes of the commission, including public
roads and
other property already devoted to public use.
(D) Each bridge constituting part of a turnpike project
shall be inspected at least once each year by a professional
engineer employed or retained by the commission.
(E) On or before the first day of July in each year, the
commission shall make an annual report of its activities for the
preceding calendar year to the governor and the general assembly.
Each such report shall set forth a complete operating and
financial statement covering the commission's operations during
the year. The commission shall cause an audit of its books and
accounts to be made at least once each year by certified public
accountants, and the cost thereof may be treated as a part of the
cost of operations of the commission. The auditor of state, at
least once a year and without previous notice to the commission,
shall audit the accounts and transactions of the commission.
(F) The commission shall submit a copy of its annual audit
by the auditor of state and its proposed annual budget for each
calendar or fiscal year to the governor, the presiding officers
of
each house of the general assembly, the director of budget and
management, and
the legislative
service commission no later than the first day of that calendar
or
fiscal year.
(G) Upon request of the chairperson of the appropriate standing committee or subcommittee of the senate and house of representatives that is primarily responsible for considering transportation budget matters, the commission shall appear at least one time before each committee or subcommittee during the period when that committee or subcommittee is considering the biennial appropriations for the department of transportation and shall provide testimony outlining its budgetary results for the last two calendar years, including a comparison of budget and actual revenue and expenditure amounts. The commission also shall address its current budget and long-term capital plan.
(H) Not more than sixty nor less than thirty days before adopting its annual budget, the commission shall submit a copy of its proposed annual budget to the governor, the presiding officers of each house of the general assembly, the director of budget and management, and the legislative service commission. The office of budget and management shall review the proposed budget and may provide recommendations to the commission for its consideration.
Sec. 5537.24. (A) There is hereby created a turnpike
oversight legislative review committee consisting of six members as follows:
(1) Three members of the senate, no more than two of whom
shall be members of the same political party, one of whom shall
be the chairperson of the committee dealing primarily with highway
matters, one of whom shall be appointed by the president of the senate, and
one of whom shall be appointed by the
minority leader of the senate.
Both the senate member who is appointed by the president of the senate and
the senate member appointed by the
minority leader of the senate shall represent either districts
in which is located or through which passes a portion of a turnpike project
that is part of the Ohio turnpike system or districts located in the
vicinity of a turnpike project that is part of the Ohio turnpike
system.
The president of the senate shall make the president of
the senate's appointment to the committee first, followed by the
minority leader of the senate, and they shall make their
appointments in such a manner that their two appointees
represent districts that are located in different areas of the
state. If the chairperson of the senate committee dealing
primarily with highway matters represents a district in which is located or
through which passes a portion of a turnpike project that is part of the
Ohio turnpike system or a district
located in the vicinity of a turnpike project that is part of the
Ohio turnpike system, the president of
the senate and the minority leader of the senate shall make
their appointments in such a manner that their two appointees
and the chairperson of the senate committee dealing primarily
with highway matters all represent districts that are located in
different areas of the state.
(2) Three members of the house of representatives, no more
than two of whom shall be members of the same political party,
one of whom shall be the chairperson of the house of representatives
committee dealing primarily with highway matters, one of whom
shall be appointed by the speaker of the house of representatives, and one of
whom shall be appointed by the minority leader of the
house of representatives.
Both the house of representatives member who is appointed by the speaker of
the house of representatives and the house of representatives member appointed
by the minority
leader of the house of representatives shall represent either
districts in which is located or through which passes a portion of a turnpike
project that is part of the Ohio turnpike system or districts
located in the vicinity of a turnpike project that is part of the
Ohio turnpike system.
The speaker of the house of representatives shall make
the speaker of the house of representative's appointment to the
committee first, followed by the minority leader of the house of
representatives, and they shall make their appointments in such
a manner that their two appointees represent districts that
are located in different areas of the state. If the chairperson
of the house of representatives committee dealing primarily with
highway matters represents a district in which is located or through which
passes a
portion of a turnpike project that is part of the Ohio turnpike
system or
a district located in the vicinity of a turnpike project that is part of the
Ohio turnpike system, the speaker of
the house of representatives and the minority leader of the
house of representatives shall make their appointments in such a
manner that their two appointees and the chairperson of the
house of representatives committee dealing primarily with
highway matters all represent districts that are located in
different areas of the state.
The chairperson of the house of representatives committee
shall serve as the chairperson of the turnpike oversight legislative review committee
for the year 1996. Thereafter, the chair annually shall
alternate between, first, the chairperson of the senate committee
and then the chairperson of the house of representatives committee.
(B) Each member of the turnpike oversight legislative review committee who is a
member of the general assembly shall
serve a term of the remainder of the general assembly during
which the member is appointed or is serving as chairperson of the specified
senate or house committee. In the event of the death or
resignation of a committee member who is a member of the general assembly, or
in the event that a member
ceases to be a senator or representative, or in the event that
the chairperson of the senate committee dealing primarily with
highway matters or the chairperson of the house of representatives
committee dealing primarily with highway matters ceases to hold
that position, the vacancy shall be filled through an appointment
by the president of the senate or the speaker of the house of
representatives or minority leader of the senate or house of
representatives, as applicable. Any member appointed to fill a
vacancy occurring prior to the end of the term for which the member's
predecessor was appointed shall hold office for the remainder of
the term or for a shorter period of time as determined by the
president or the speaker. A member of the committee is eligible
for reappointment.
(C) The turnpike oversight legislative review committee shall meet at least
quarterly and may meet at the
call of its chairperson, or upon the written request to the chairperson
of not fewer than four members of the committee. At least three of the
quarterly meetings Meetings shall be held at sites located along a turnpike project as that are
determined solely by the chairperson of the committee. At each
meeting, the Ohio turnpike commission shall make a report to the
committee on commission matters, including but not limited to
financial and budgetary matters and proposed and on-going
construction, maintenance, repair, and operational projects of
the commission.
The committee, by the affirmative vote of at least four of its members, may
submit written recommendations to the commission, either at meetings held
pursuant to this section or at any other time, describing new turnpike
projects
or new interchanges located on existing projects that the committee believes
the commission should consider constructing.
(D) The members of the turnpike oversight legislative review committee who are
members of the general assembly shall
serve without compensation, but shall be reimbursed by the
commission for their actual and necessary expenses incurred in
the discharge of their official duties as committee members.
Serving as a member of the turnpike oversight legislative review committee
does not constitute grounds for resignation from the senate or
house of representatives under section 101.26 of the
Revised
Code.
Sec. 5537.26. (A) Except as provided in division (D) of
this section, no increase by the Ohio turnpike
commission in the
toll rate structure that is applicable to vehicles operating on a turnpike
project shall become effective unless the commission
complies with the notice and hearing requirements
prescribed in division (B) of
this section, and the commission shall not take any action that
expands, has the effect of expanding, or will to any degree at
any time in the future have the effect of expanding the sphere
of responsibility of the commission beyond the
Ohio turnpike, unless the
commission complies with the notice and hearing requirements
prescribed in division (B) of
this section.
(B) Not less than
ninety days prior to the date on which the commission votes
to increase any part of the toll rate structure that is applicable
to vehicles operating on a turnpike project, and not less than
ninety days prior to the date on which the commission votes
to take an action that expands, has the effect of expanding, or
will to any degree at any time in the future have the effect of
expanding the sphere of responsibility of the commission beyond
the Ohio turnpike, the
commission shall commence do both of the following:
(1) Send notice to the governor and the presiding officers and minority leaders of the senate and house of representatives that details the proposed increase to the toll rate structure or the expansion of the sphere of responsibility of the commission beyond the Ohio turnpike, including a description of and a justification for the increase or expansion;
(2) Commence holding public hearings on the
proposed increase in the toll rate structure or the proposed
action. If the commission is proposing an increase in the toll
rate structure that is applicable to vehicles operating on a
turnpike project, it shall hold not less than three public hearings
in three geographically diverse locations in this state that are in the
immediate vicinity of the
affected project. If the commission is proposing to take
an action that expands, has the effect of expanding, or will to
any degree at any time in the future have the effect of
expanding the sphere of responsibility of the commission beyond
the Ohio turnpike, it shall
hold not less than three public hearings in three locations in
the immediate vicinity where the expanded responsibilities would
arise.
The commission shall hold the third or, if it holds more than three
hearings, the last hearing of any set of hearings required to be held under
this section not less than thirty days prior to the date on which it votes
to increase part of the toll rate structure that is applicable to vehicles
operating on a turnpike project or to take an action that expands, has the
effect of expanding, or will to any degree at any time in the future have the
effect of expanding the sphere of responsibility of the commission beyond the
Ohio turnpike.
The commission shall inform the public of all the
hearings required to be held under this section by causing a
notice to be published in a newspaper of general circulation in
the county in which each hearing is to be held, not less than
once per week for two weeks prior to the date of the hearing.
(C) If the commission
does not comply with the notice and hearing requirements
contained in division (B) of
this section and votes for an increase in the
toll rate structure that is applicable to vehicles operating on
a turnpike project, the increase in the toll rate
structure shall not take effect, any attempt by the
commission to implement the increase in the toll rate structure is
void, and, if necessary, the attorney general shall file an
action in the court of common pleas of the county in which the
principal office of the commission is located to enjoin the
commission from implementing the increase. The commission shall
not implement any increase until it complies
with division (B) of this
section.
If the commission does not comply with the notice and
hearing requirements contained in division
(B) of this section and
votes to take an action that expands, has the
effect of expanding, or will to any degree at any time in the
future have the effect of expanding the sphere of responsibility
of the commission beyond the
Ohio turnpike, the commission
shall not take the proposed action and, if necessary, the attorney general
shall file an action in the court of common
pleas of the county in which the principal office of the commission is located
to enjoin the commission from taking the proposed action. The
commission shall not take the proposed action until it complies
with the notice and hearing requirements prescribed in division
(B) of this section.
(D) Divisions (A) to (C) of this section do not apply to any decrease made to the toll rate structure by the commission. The commission may implement a temporary decrease in the toll rate structure only if it does not exceed eighteen months in duration. Prior to instituting any decrease to the toll rate structure, the commission shall hold do both of the following:
(1) Not less than five days prior to any public meeting under division (D)(2) of this section, send notice to the governor and the presiding officers and minority leaders of the senate and house of representatives that details the proposed decrease to the toll rate structure;
(2) Hold a public meeting to explain to members
of the traveling public the reasons for the upcoming decrease, to inform them
of any benefits and any negative consequences, and to give them the
opportunity
to express their opinions as to the relative merits or drawbacks of each toll
decrease. The commission shall inform the public of the meeting by causing a notice to be published in newspapers of general circulation in Cuyahoga, Lucas, Mahoning, Trumbull, Williams, and Summit counties not less than five days prior to the meeting. The commission shall not be required to hold any public hearing or meeting upon the expiration of any temporary decrease in the toll rate structure, so long as it implements the same toll rate structure that was in effect immediately prior to the temporary decrease.
(E) As used in this
section, "Ohio turnpike" means
the toll freeway that is under the jurisdiction of the
commission and runs in an easterly and westerly direction across
the entire northern portion of this state between its borders
with the state of Pennsylvania
in the east and the state of
Indiana in the west, and
carries the interstate highway designations of interstate
seventy-six, interstate eighty, and interstate eighty-ninety.
Sec. 5537.27. The Ohio turnpike
commission, the director of transportation or the director's designee, and
another person designated by the governor shall establish a procedure whereby
a political subdivision or other government agency or agencies may submit a
written
application to the commission, requesting the commission to construct and
operate a project within the boundaries of the subdivision, agency, or
agencies making
the request. The procedure shall include a requirement that the commission
send a written reply to the subdivision, agency, or agencies, explaining the
disposition of the request. The procedure established pursuant to this
section shall not become effective unless it is approved by the commission and
by the director or
the director's designee and the designee of the governor, and shall require
submission of the proposed project to the turnpike oversight legislative review committee if the
project must be approved by the governor.
Sec. 5537.28. (A) Notwithstanding any other provision of law, on
and after the effective date of this section, the
Ohio turnpike commission shall not expend any
toll revenues that are generated by an existing turnpike project to fund in
any manner or to any degree the construction, operation, maintenance, or
repair of another turnpike project the location of which must be reviewed
by the turnpike oversight legislative review committee and approved by the governor.
In paying the cost of such a project, the commission may issue bonds and
bond anticipation notes as permitted by this chapter, and may accept moneys
from any source to pay the cost of any portion of the project, including, but
not limited to, the federal government, any department or agency of this
state,
and any political subdivision or other government agency. Each such project
shall be constructed, operated, maintained, and repaired entirely with funds
generated by that project or otherwise specifically acquired for that project
from sources permitted by this chapter.
(B) The commission shall not expend
any toll revenues generated by the Ohio
turnpike to pay any amount of the principal amount of, or interest due on, any
bonds or bond anticipation notes issued by the commission to pay any portion
of
the cost of another turnpike project the location of which must be reviewed
by the turnpike oversight legislative review committee and approved by
the governor. The commission shall not expend any toll revenues generated by
any turnpike project to pay any amount of the principal amount of, or interest
due on, any bonds or bond anticipation notes issued by the commission to pay
any portion of the cost of a new turnpike project the location of which must
be reviewed by the turnpike oversight legislative review committee and
approved by the governor or the cost of the operation, repair, improvement,
maintenance, or reconstruction of any turnpike project other than the project
that generated those toll revenues.
(C) As used in this section:
(1) "Ohio turnpike" has the same meaning as in division (E) of section
5537.26 of the Revised Code;
(2) "Another turnpike project" does not include infrastructure
improvements on the Ohio turnpike or on connecting roadways within
one mile of an Ohio turnpike interchange.
Sec. 5701.11. (A) The effective date referred to in this section is the effective date of this section as amended by ....... of the 126th general assembly.
(A) Except as provided under division (B) of this section, any reference in Title LVII of the Revised Code to the Internal Revenue Code, to the Internal Revenue Code "as amended," to other laws of the United States, or to other laws of the United States, "as amended" means the Internal Revenue Code or other laws of the United States as they exist on the effective date of this section as enacted by H.B. 530 of the 126th general assembly the effective date. This section does not apply to any reference to the Internal Revenue Code or to other laws of the United States as of a date certain specifying the day, month, and year.
(B)(1) For purposes of applying section 5733.04, 5745.01, or 5747.01 of the Revised Code to a taxpayer's taxable year ending in 2005 2006, and also to the subsequent taxable year if it ends before the effective date of this section before the effective date, a taxpayer may irrevocably elect to incorporate the provisions of the Internal Revenue Code or other laws of the United States that are in effect for federal income tax purposes for those taxable years that taxable year if those provisions differ from the provisions that would otherwise be incorporated into section 5733.04, 5745.01, or 5747.01 of the Revised Code for those taxable years that taxable year under division (A) of this section. The filing of a report or return by the taxpayer for the taxable year ending in 2005 that incorporates that taxable year incorporating the provisions of the Internal Revenue Code or other laws of the United States applicable for federal income tax purposes to that taxable year that taxable year, without adjustments to reverse the effects of any differences between those provisions and the provisions that would otherwise be incorporated under division (A) of this section, constitutes the making of an irrevocable election under this division for that taxable year and for the subsequent taxable year if it ends before the effective date of this section that taxable year.
(2) Elections under prior versions of division (B)(1) of this section remain in effect for the taxable years to which they apply.
Sec. 5709.87. (A) As used in this section:
(1) "Improvement," "building," "fixture," and "structure"
have the same meanings as in section 5701.02 of the Revised Code.
(2) "Applicable standards," "property," "remedy," and
"remedial activities" have the same meanings as in section
3746.01 of the Revised Code.
(B) The director of environmental protection, after
issuing a covenant not to sue for property under section 3746.12
of the Revised Code and determining that remedies or remedial
activities have commenced or been completed at that property to
the satisfaction of the director, shall certify to the tax
commissioner and to the director of development that such a
covenant has been issued and such remedies or remedial activities
have occurred at that property. The certification shall be in
such form as is agreed upon by the directors of environmental
protection and development and the tax commissioner and shall
include a description of the property in sufficient detail for
the tax commissioner and director of development to determine the
boundaries of the property entitled to exemption from taxation
under this section.
(C)(1)(a) Upon receipt by the tax commissioner of a
certification for property under division (B) of this section,
the commissioner shall issue an order granting an exemption from
real property taxation of the increase in the assessed value of
land constituting property that is described in the
certification, and of the increase in the assessed value of
improvements, buildings, fixtures, and structures situated on
that land at the time the order is issued as indicated on the
current tax lists. The exemption shall commence on the first day
of the tax year including the day on which the order is issued
and shall end on the last day of the tenth tax year after
issuance of the order. The order shall include a description of
the property and the tax years for which the property is to be
exempted from taxation. The commissioner shall send copies of
the exemption order to the owner of record of the property to
which the exemption applies and to the county auditor of each
county in which any portion of that property is located.
(b) Within sixty days after receiving the commissioner's order, the owner of record of the property may notify the commissioner in writing that the owner does not want the exemption from real property taxation provided under division (C)(1) of this section to apply. Upon receiving such a notification from the property owner of record, the commissioner shall issue a subsequent order rescinding the previously granted exemption.
(2) The director of development shall maintain a record of
certifications received under this section for purposes of
section 5709.88 of the Revised Code.
(D) Any sale or other transfer of the property does not
affect an exemption granted under division (C) of this section.
The exemption shall continue in effect thereafter for the full
period stated in the exemption order.
(E) If at any time the director revokes a covenant not to
sue under Chapter 3746. of the Revised Code and rules adopted
under it for property concerning which the commissioner has
issued an exemption order under division (C) of this section, the
director shall so notify the commissioner and the legislative
authority of the municipal corporation and county in which the
property is located. The commissioner immediately shall rescind
the exemption order and shall so notify the owner of record of
the property and the county auditor of each county in which any
portion of the property is located.
Upon revocation of the convenant covenant not to sue, the owner of
record shall pay the amount of taxes that would have been charged
against the property had the property not been exempted from
taxation for the period beginning with commencement of the
exemption and ending with the date of revocation of the covenant
not to sue. The county auditor shall return the property to the
tax list and enter on the tax list the amount so payable as
current taxes charged against the property. Taxes required to be
paid pursuant to this section are payable in full on the first
succeeding day on which the first one-half of taxes is required
to be paid under section 323.12 of the Revised Code. If such
taxes are not paid in full when due, a penalty shall be charged,
and interest shall accrue on those taxes, as provided in section
323.121 of the Revised Code. In cases of underpayment or
nonpayment, the deficiency shall be collected as otherwise
provided for the collection of delinquent real property taxes.
Sec. 5713.051. (A) As used in this section:
(1) "Oil" means all grades of crude oil.
(2) "Gas" means all forms of natural gas.
(3) "Well" means an oil or gas well or an oil and gas well.
(4) "M.C.F." means one thousand cubic feet.
(5) "Commonly metered wells" means two or more wells that share the same meter.
(6) "Total production" means the total amount of oil, measured in barrels, and the total amount of gas, measured in M.C.F., of all oil and gas actually produced and sold from a single well that is developed and producing on the tax lien date. For commonly metered wells, "total production" means the total amount of oil, measured in barrels, and the total amount of gas, measured in M.C.F., of all oil and gas actually produced and sold from the commonly metered wells divided by the number of the commonly metered wells.
(7) "Flush production" means total production from a single well during the first twelve calendar months during not more than two consecutive calendar years after a well first begins to produce. For commonly metered wells, "flush production" means total production during the first twelve calendar months during not more than two consecutive calendar years after a well first begins to produce from all wells with flush production divided by the number of those wells.
(8) "Production through secondary recovery methods" means total production from a single well where mechanically induced pressure, such as air, nitrogen, carbon dioxide, or water pressure, is used to stimulate and maintain production in the oil and gas reservoir, exclusive of any flush production. For commonly metered wells, "production through secondary recovery methods" means total production from all wells with production through secondary recovery methods divided by the number of the those wells.
(9) "Stabilized production" means total production reduced, if applicable, by the greater of forty-two and one-half per cent of flush production or fifty per cent of production through secondary recovery methods.
(10) "Average daily production" means stabilized production divided by three hundred sixty-five, provided the well was in production at the beginning of the calendar year. If the well was not in production at the beginning of the calendar year, "average daily production" means stabilized production divided by the number of days beginning with the day the well went into production in the calendar year and ending with the thirty-first day of December.
(11) "Gross price" means the unweighted average price per barrel of oil or the average price per M.C.F. of gas produced from Ohio wells and first sold during the five-year period ending with the calendar year immediately preceding the tax lien date, as reported by the department of natural resources.
(12) "Average annual decline rate" means the amount of yearly decline in oil and gas production of a well after flush production has ended. For the purposes of this section, the average annual decline rate is thirteen per cent.
(13) "Gross revenue" means the gross revenue from a well during a ten-year discount period with production assumed to be one barrel of oil or one M.C.F. of gas during the first year of production and declining at the annual average annual decline rate during the remaining nine years of the ten-year discount period, as follows:
(a) First year: one barrel or one M.C.F. multiplied by gross price;
(b) Second year: 0.870 barrel or 0.870 M.C.F. multiplied by gross price;
(c) Third year: 0.757 barrel or 0.757 M.C.F. multiplied by gross price;
(d) Fourth year: 0.659 barrel or 0.659 M.C.F. multiplied by gross price;
(e) Fifth year: 0.573 barrel or 0.573 M.C.F. multiplied by gross price;
(f) Sixth year: 0.498 barrel or 0.498 M.C.F. multiplied by gross price;
(g) Seventh year: 0.434 barrel or 0.434 M.C.F. multiplied by gross price;
(h) Eighth year: 0.377 barrel or 0.377 M.C.F. multiplied by gross price;
(i) Ninth year: 0.328 barrel or 0.328 M.C.F. multiplied by gross price;
(j) Tenth year: 0.286 barrel or 0.286 M.C.F. multiplied by gross price.
(14) "Average royalty expense" means the annual cost of royalties paid by all working interest owners in a well. For the purposes of this section, the average royalty expense is fifteen per cent of annual gross revenue.
(15) "Average operating expense" means the annual cost of operating and maintaining a producing well after it first begins production. For the purposes of this section, the average operating expense is forty per cent of annual gross revenue.
(16) "Average capital recovery expense" means the annual capitalized investment cost of a developed and producing well. For the purposes of this section, average capital recovery expense is thirty per cent of annual gross revenue.
(17) "Discount rate" means the rate used to determine the present net worth of one dollar during each year of the ten-year discount period assuming the net income stream projected for each year of the ten-year discount period is received at the half-year point. For the purposes of this section, the discount rate equals thirteen per cent plus the rate per annum prescribed by division (B) of section 5703.47 of the Revised Code and determined by the tax commissioner in October of the calendar year immediately preceding the tax lien date.
(B) The true value in money of oil reserves constituting real property on tax lien dates January 1, 2007, and thereafter with respect to a developed and producing well that has not been the subject of a recent arm's length sale, exclusive of personal property necessary to recover the oil, shall be determined under division (B)(1) or (2) of this section.
(1) For wells for which average daily production of oil is one barrel or more in the calendar year preceding the tax lien date, the true value in money equals the average daily production of oil from the well multiplied by the net present value of one barrel of oil, where:
(a) Net present value of one barrel of oil = 365 x the sum of [net income for each year of the discount period x discount rate factor for that year] for all years in the discount period; and
(b) Net income for a year of the discount period = gross revenue for that year minus the sum of the following for that year: average royalty expense, average operating expense, and average capital recovery expense.
(2) For wells for which average daily production of oil is less than one barrel in the calendar year preceding the tax lien date, the true value in money equals the average daily production of the well in the calendar year preceding the tax lien date multiplied by sixty per cent of the net present value of one barrel of oil as computed under division (B)(1) of this section.
(C) The true value in money of gas reserves constituting real property on tax lien dates January 1, 2007, and thereafter with respect to a developed and producing well that has not been the subject of a recent arm's length sale, exclusive of personal property necessary to recover the gas, shall be determined under division (C)(1) or (2) of this section.
(1) For wells for which average daily production of gas is eight M.C.F. or more in the calendar year preceding the tax lien date, the true value in money equals the average daily production of gas from the well multiplied by the net present value of one M.C.F. of gas, where:
(a) Net present value of one M.C.F. of gas = 365 x the sum of [net income for each year of the discount period x discount rate factor for that year] for all years in the discount period; and
(b) Net income for a year of the discount period = gross revenue for that year minus the sum of the following for that year: average royalty expense, average operating expense, and average capital recovery expense.
(2) For wells for which average daily production of gas is less than eight M.C.F. in the calendar year preceding the tax lien date, the true value in money equals the average daily production of the well in the calendar year preceding the tax lien date multiplied by fifty per cent of the net present value of one M.C.F. as computed under division (C)(1) of this section.
Sec. 5727.84. (A) As used in this section and sections
5727.85,
5727.86, and
5727.87 of the Revised Code:
(1)
"School district" means a city, local, or exempted
village
school district.
(2)
"Joint vocational school district" means a joint
vocational
school district created under section 3311.16 of the
Revised
Code,
and includes a cooperative education school district
created under
section 3311.52 or 3311.521 of the Revised Code and
a county
school financing district created under section 3311.50
of the
Revised Code.
(3)
"Local taxing unit" means a subdivision or taxing unit,
as defined in
section 5705.01 of the Revised Code, a park district
created under Chapter 1545. of the Revised Code, or
a township
park district established under section 511.23 of the Revised
Code,
but excludes
school districts
and joint vocational school
districts.
(4)
"State education aid," for a school district, means the sum of
state
aid
amounts computed for a school the
district
or joint vocational school
district
under
Chapter 3317. of the
Revised
Code divisions (A), (C)(1), (C)(4), (D), (E), and (F) of section 3317.022; divisions (B), (C), and (D) of section 3317.023; divisions (G), (L), and (N) of section 3317.024; and sections 3317.029, 3317.0216, 3317.0217, 3317.04, 3317.05, 3317.052, and 3317.053 of the Revised Code, after making the adjustments required by division (C) of section 3310.08; division (C) of section 3314.08; division (D) of section 3314.13; divisions (E), (K), (L), (M), (N), and (O) of section 3317.023; division (C) of section 3317.20; and sections 3313.979 and 3313.981 of the Revised Code. However, when calculating state education aid for a school district for fiscal years 2006 and 2007, include the amount computed for the district under Section 206.09.21 of Am. Sub. H.B. 66 of the 126th general assembly, as subsequently amended, instead of division (D) of section 3317.022 of the Revised Code; include amounts calculated under Section 206.09.39 of that act, as subsequently amended; and account for adjustments under division (C)(2) of Section 206.09.84 of that act, as subsequently amended.
(5) "State education aid," for a joint vocational school district, means the sum of the state aid amounts computed for the district under division (N) of section 3317.024 and section 3317.16 of the Revised Code. However, when calculating state education aid for a joint vocational school district for fiscal years 2006 and 2007, include the amount computed for the district under Section 206.09.42 of Am. Sub. H.B. 66 of the 126th general assembly, as subsequently amended.
(6)
"State education aid offset" means the amount
determined
for
each school district
or joint vocational school
district under
division (A)(1) of section 5727.85
of
the Revised
Code.
(6)(7)
"Recognized valuation" has
the same meaning as
in
section
3317.02 of the Revised Code.
(7)(8)
"Electric company tax value loss" means the amount
determined
under division (D) of this section.
(8)(9)
"Natural gas company tax value loss" means the amount
determined under
division (E) of this section.
(9)(10)
"Tax value loss" means the sum of the electric company
tax value loss and the
natural gas company tax value loss.
(10)(11)
"Fixed-rate levy" means any tax levied on property
other
than
a fixed-sum levy.
(11)(12)
"Fixed-rate levy loss" means the amount determined
under
division (G) of this section.
(12)(13)
"Fixed-sum levy" means a tax levied on property at
whatever
rate is required to produce a specified amount of tax
money or
levied in excess of the ten-mill limitation to pay
debt
charges, and includes school district
emergency levies imposed
pursuant to section 5705.194 of the
Revised Code.
(13)(14)
"Fixed-sum levy loss" means the amount determined
under
division (H) of this section.
(14)(15)
"Consumer price index" means the consumer price
index
(all
items, all urban consumers) prepared by the bureau of labor
statistics
of the United States department of labor.
(B)
The kilowatt-hour tax receipts fund is hereby created
in
the state treasury and shall consist of money arising from the
tax
imposed by section
5727.81 of
the Revised Code. All money in
the
kilowatt-hour tax receipts fund shall be credited as follows:
(1) Fifty-nine and nine hundred seventy-six one-thousandths
per
cent, shall be
credited to the general
revenue fund.
(2) Two and six hundred forty-six one-thousandths per cent
shall
be credited to the local government fund, for distribution
in accordance
with section 5747.50 of the Revised Code.
(3) Three hundred seventy-eight one-thousandths per cent
shall be
credited to the local government revenue assistance fund,
for
distribution in accordance with section 5747.61 of the Revised
Code.
(4) Twenty-five and
four-tenths per cent
shall
be credited
to the school district
property tax replacement
fund,
which is
hereby created in the state
treasury for the
purpose of
making the
payments described in
section 5727.85 of the
Revised
Code.
(5) Eleven and
six-tenths per cent shall be
credited to the
local
government property tax replacement fund,
which is hereby
created in the
state treasury for the purpose of
making the
payments described in
section 5727.86 of the Revised
Code.
(C)
The natural
gas tax receipts fund is hereby created
in
the state treasury and
shall consist of money arising from the
tax
imposed by section
5727.811 of the
Revised Code. All money in
the
fund shall be credited as follows:
(1)
Sixty-eight and seven-tenths per cent shall be
credited
to
the school
district property tax replacement fund for
the
purpose
of making
the
payments described in section 5727.85 of
the
Revised
Code.
(2) Thirty-one and three-tenths per cent shall be credited
to the local
government
property tax replacement fund for the
purpose of making
the payments
described in section 5727.86 of the
Revised Code.
(D)
Not later than January 1, 2002, the tax commissioner
shall
determine for each taxing district its electric company tax
value loss,
which is the sum
of the applicable amounts described in divisions
(D)(1) to (3) of
this section:
(1) The difference obtained by subtracting the amount
described
in division (D)(1)(b) from the amount described in
division
(D)(1)(a) of this section.
(a) The value of electric company and rural electric company
tangible personal property as assessed by the tax commissioner for
tax year
1998 on a preliminary
assessment, or an amended
preliminary assessment if issued prior to
March 1, 1999, and as
apportioned to the taxing district
for tax year 1998;
(b) The value of electric company and rural electric company
tangible personal property as assessed by the tax commissioner for
tax year 1998 had the property been apportioned to the taxing
district for tax year 2001, and assessed at the rates in effect
for tax year 2001.
(2) The difference obtained by subtracting the amount
described
in division (D)(2)(b) from the amount described in
division
(D)(2)(a) of this section.
(a) The three-year average for tax years 1996, 1997, and
1998 of
the assessed value from nuclear fuel materials and
assemblies assessed
against a person under Chapter 5711. of the
Revised Code
from the leasing of them to an electric company for
those respective tax
years, as reflected in the preliminary
assessments;
(b) The three-year average assessed value from nuclear fuel
materials and assemblies assessed under division (D)(2)(a)
of this
section for tax years 1996, 1997, and 1998, as reflected in the
preliminary
assessments, using an assessment rate of
twenty-five
per cent.
(3) In the case of a taxing district having a nuclear power plant within its territory, any amount, resulting in an electric company tax value loss, obtained by subtracting the amount described in division (D)(1) of this section from the difference obtained by subtracting the amount described in division (D)(3)(b) of this section from the amount described in division (D)(3)(a) of this section.
(a) The value of electric company tangible personal property as assessed by the tax commissioner for tax year 2000 on a preliminary assessment, or an amended preliminary assessment if issued prior to March 1, 2001, and as apportioned to the taxing district for tax year 2000;
(b) The value of electric company tangible personal property as assessed by the tax commissioner for tax year 2001 on a preliminary assessment, or an amended preliminary assessment if issued prior to March 1, 2002, and as apportioned to the taxing district for tax year 2001.
(E) Not later than January 1, 2002, the tax commissioner
shall determine for each taxing district its natural gas company
tax value
loss, which
is the sum of the amounts described in
divisions (E)(1) and
(2) of this section:
(1) The difference obtained by subtracting the amount
described
in division (E)(1)(b) from the amount described in
division
(E)(1)(a) of this section.
(a) The value of all natural gas company tangible personal
property, other than property described in division (E)(2) of this
section, as assessed by the tax commissioner for tax year 1999 on
a
preliminary assessment, or an
amended preliminary assessment if
issued prior to March 1, 2000,
and apportioned to the taxing
district for tax year 1999;
(b) The value of all natural gas company tangible personal
property, other than property described in division (E)(2) of this
section, as assessed by the tax commissioner for tax year 1999 had
the property been apportioned to the taxing district for tax year
2001, and assessed at the rates in effect for tax year 2001.
(2) The difference in the value of current gas obtained by
subtracting the amount described in division
(E)(2)(b) from the
amount described in division (E)(2)(a) of this
section.
(a) The three-year average assessed value of current gas as
assessed by the tax commissioner for tax years 1997, 1998, and
1999 on a
preliminary assessment, or an amended
preliminary
assessment if issued prior to March 1, 2001, and as
apportioned in
the taxing district for those respective years;
(b) The three-year average assessed value from current gas
under
division (E)(2)(a) of this section for tax years
1997, 1998,
and
1999, as reflected in the preliminary assessment, using an
assessment
rate of twenty-five per cent.
(F)
The tax commissioner may request that natural gas
companies,
electric companies, and rural
electric companies file a
report to help determine the tax value loss
under divisions (D)
and (E) of
this section. The report shall be filed
within thirty
days of the commissioner's request. A company that fails to
file
the report or does not timely file the
report is subject to the
penalty in section 5727.60 of the Revised
Code.
(G) Not later than January 1, 2002, the tax commissioner
shall
determine for each school district, joint vocational school
district, and
local taxing unit its fixed-rate levy loss, which is
the sum of its
electric company tax value loss
multiplied by
the
tax rate in effect in tax year 1998 for fixed-rate levies and its
natural gas company tax value loss multiplied by the tax rate in
effect in tax
year 1999 for fixed-rate levies.
(H) Not later than January 1, 2002, the tax commissioner
shall
determine for each school district, joint vocational school
district, and
local taxing unit its fixed-sum levy loss, which is
the amount obtained by subtracting the amount described in
division (H)(2) of this section from the amount described
in
division (H)(1) of this section:
(1) The sum of the electric company tax value loss
multiplied by the
tax rate in effect in
tax year 1998, and the
natural gas company tax value loss multiplied
by the tax rate in
effect in tax year 1999, for fixed-sum levies
for all taxing
districts within
each school district, joint vocational school
district, and local
taxing unit. For the years 2002 through 2006,
this computation shall
include school district emergency levies
that existed in 1998
in the case
of the electric company tax value
loss, and 1999 in the case of the natural
gas company tax value
loss, and
all other fixed-sum levies that existed in 1998 in the
case of the electric
company tax value loss and 1999 in the case
of the natural gas company tax
value loss
and continue to be
charged in the tax year preceding the distribution year. For the
years 2007
through 2016 in the case of school district emergency
levies, and for all
years after 2006 in the case of all other
fixed-sum levies, this
computation shall exclude all
fixed-sum
levies that
existed in 1998 in the case of the electric company
tax value loss and 1999
in the case of the natural gas company tax
value loss, but are no
longer in effect in the tax year
preceding
the distribution year. For the purposes of this section, an
emergency levy that existed in 1998 in the case of the electric
company tax
value loss, and 1999 in the case of the natural gas
company tax value
loss, continues to exist in a year beginning on
or after January 1, 2007, but before January 1, 2017, if, in
that
year, the board of education levies a school district emergency
levy for
an annual sum at least equal to the annual sum levied by
the board in tax year
1998 or 1999, respectively, less the amount
of the payment
certified under
this division for 2002.
(2) The total taxable value in tax year
1999 less the tax
value loss in each school
district, joint
vocational school
district, and local taxing unit
multiplied by
one-fourth of one
mill.
If the amount computed under division
(H) of this section
for any
school district, joint vocational school district, or
local taxing unit is
greater than zero, that amount shall equal
the fixed-sum levy loss reimbursed
pursuant to division (E) of
section 5727.85 of the
Revised Code or division (A)(2)
of section
5727.86 of the Revised Code, and the one-fourth of one
mill that
is subtracted under division (H)(2) of this section
shall be
apportioned
among
all contributing fixed-sum levies in the
proportion of each levy to the sum of
all fixed-sum levies within
each school district,
joint vocational school district, or local
taxing unit.
(I) Notwithstanding divisions (D),
(E), (G), and (H) of
this section, in
computing the tax value loss, fixed-rate levy
loss, and fixed-sum levy loss, the tax commissioner shall use the
greater of
the 1998 tax rate or the 1999 tax rate in the case of
levy losses
associated with the electric company tax value loss,
but the 1999 tax rate
shall not
include for this purpose any tax
levy approved by the voters after
June 30, 1999, and the tax
commissioner shall use the greater of the
1999 or the 2000 tax
rate in the case of levy losses associated with the
natural gas
company tax value loss.
(J) Not later than January 1, 2002, the tax commissioner
shall certify to the department of education the tax value loss
determined
under divisions (D) and (E) of this section for each
taxing
district, the fixed-rate levy
loss calculated under
division (G) of this section, and the
fixed-sum levy loss
calculated under division (H) of this section.
The calculations
under divisions (G) and (H) of this section shall
separately
display the levy loss for each levy eligible for
reimbursement.
(K)
Not later than September 1, 2001, the tax commissioner
shall
certify the amount of the fixed-sum levy loss to the county
auditor of each county in which a school district with a fixed-sum
levy loss has territory.
Sec. 5741.101. The amount of any refund to be certified to the
treasurer and auditor of state and the director of budget and management pursuant to section 5741.10 of the Revised Code
may be reduced by the amount the person claiming the
refund is indebted to the state for any tax or fee administered by the
tax commissioner that is paid to the state
or to the clerk of courts pursuant to section 4505.06 of the Revised Code,
or any charge, penalty, or interest arising from such a
tax or fee. If the amount refundable is less than the
amount of the debt, it may be applied in partial
satisfaction of the debt. If the amount refundable
is greater than the amount of the debt, the amount remaining after
satisfaction of the debt shall be refunded. If the person has more than one
such debt, any debt subject to section 5739.33 or division (G) of
section 5747.07 of the Revised Code shall be satisfied first.
This section applies only to debts that have become final.
Sec. 5751.011. (A) A group of two or more persons may elect to be a consolidated elected taxpayer for the purposes of this chapter if the group satisfies all of the following requirements:
(1) The group elects to include all persons, including persons enumerated in divisions (E)(2) to (10) of section 5751.01 of the Revised Code, having at least eighty per cent, or having at least fifty per cent, of the value of their ownership interests owned or controlled, directly or constructively through related interests, by common owners during all or any portion of the tax period, together with the common owners. At the election of the group, all entities that are not incorporated or formed under the laws of a state or of the United States and that meet the elected ownership test shall either be included in the group or all shall be excluded from the group. The group shall notify the tax commissioner of the foregoing elections before the due date of the return in which the election is to become effective. If fifty per cent of the value of a person's ownership interests is owned or controlled by each of two consolidated elected taxpayer groups formed under the fifty per cent ownership or control test, that person is a member of each group for the purposes of this section, and each group shall include in the group's taxable gross receipts fifty per cent of that person's taxable gross receipts. Otherwise, all of that person's taxable gross receipts shall be included in the taxable gross receipts of the consolidated elected taxpayer group of which the person is a member. In no event shall the ownership or control of fifty per cent of the value of a person's ownership interests by two otherwise unrelated groups form the basis for consolidating the groups into a single consolidated elected taxpayer group or permit any exclusion under division (C) of this section of taxable gross receipts between members of the two groups. Division (A)(3) of this section applies with respect to the elections described in this division.
(2) The group makes the election to be treated as a consolidated elected taxpayer in the manner prescribed under division (D) of this section.
(3) Subject to review and audit by the tax commissioner, the group agrees that all of the following apply:
(a) The group shall file reports as a single taxpayer for at least the next eight calendar quarters following the election so long as at least two or more of the members of the group meet the requirements of division (A)(1) of this section.
(b) Before the expiration of the eighth such calendar quarter, the group shall notify the commissioner if it elects to cancel its designation as a consolidated elected taxpayer. If the group does not so notify the tax commissioner, the election remains in effect for another eight calendar quarters.
(c) If, at any time during any of those eight calendar quarters following the election, a former member of the group no longer meets the requirements under division (A)(1) of this section, that member shall report and pay the tax imposed under this chapter separately, as a member of a combined taxpayer, or, if the former member satisfies such requirements with respect to another consolidated elected group, as a member of that consolidated elected group.
(d) The group agrees to the application of division (B) of this section.
(B) A group of persons making the election under this section shall report and pay tax on all of the group's taxable gross receipts even if substantial nexus with this state does not exist for one or more persons in the group.
(C)(1) A (a) Members of a consolidated elected taxpayer group shall exclude taxable gross receipts between its members and taxable among persons included in the consolidated elected taxpayer group.
(b) Subject to divisions (C)(1)(c) and (C)(2) of this section, nothing in this section shall have the effect of requiring a consolidated elected taxpayer group to include gross receipts received by a person enumerated in divisions (E)(2) to (10) of section 5751.01 of the Revised Code, except for taxable gross receipts received by a member described in division (E)(4) of section 5751.01 of the Revised Code that is not a qualifying dealer as defined in section 5725.24 of the Revised Code. Except as provided in division (C)(2) of this section, nothing in this section shall have the effect of excluding taxable gross receipts received from persons that are not members of the group if that person is a member of the group pursuant to the elections made by the group under division (A)(1) of this section.
(c)(i) As used in division (C)(1)(c) of this section, "dealer transfer" means a transfer of property that satisfies both of the following: (I) the property is directly transferred by any means from one member of the group to another member of the group that is a dealer in intangibles but is not a qualifying dealer as defined in section 5725.24 of the Revised Code; and (II) the property is subsequently delivered by the dealer in intangibles to a person that is not a member of the group.
(ii) In the event of a dealer transfer, a consolidated elected taxpayer group shall not exclude, under division (C) of this section, gross receipts from the transfer described in division (C)(1)(c)(i)(I) of this section.
(2) Gross receipts related to the sale or transmission of electricity through the use of an intermediary regional transmission organization approved by the federal energy regulatory commission shall be excluded from taxable gross receipts under division (C)(1) of this section if all other requirements of that division are met, even if the receipts are from and to the same member of the group.
(D) To make the election to be a consolidated elected taxpayer, a group of persons shall notify the tax commissioner of the election in the manner prescribed by the commissioner and pay the commissioner a registration fee equal to the lesser of two hundred dollars or twenty dollars for each person in the group. No additional fee shall be imposed for the addition of new members to the group once the group has remitted a fee in the amount of two hundred dollars. The election shall be made and the fee paid before the later of the beginning of the first calendar quarter to which the election applies or November 15, 2005. The fee shall be collected and used in the same manner as provided in section 5751.04 of the Revised Code.
The election shall be made on a form prescribed by the tax commissioner for that purpose and shall be signed by one or more individuals with authority, separately or together, to make a binding election on behalf of all persons in the group.
Any person acquired or formed after the filing of the registration shall be included in the group if the person meets the requirements of division (A)(1) of this section, and the group shall notify the tax commissioner of any additions to the group with the next tax return it files with the commissioner.
(E) Each member of a consolidated elected taxpayer is jointly and severally liable for the tax imposed by this chapter and any penalties or interest thereon. The tax commissioner may require one person in the group to be the taxpayer for purposes of registration and remittance of the tax, but all members of the group are subject to assessment under section 5751.09 of the Revised Code.
Sec. 5910.03. Scholarships shall be granted only to children of deceased or
disabled veterans of the armed services of the United States. To be eligible
for a scholarship, such child shall:
(A) At the time of application, have attained the
sixteenth, but not the twenty-first twenty-fifth, birthday;
(B) At the time of application, if a child of a veteran who entered the armed
services:
(1) As a legal resident of Ohio, have resided in the state for the
last preceding year;
(2) Not as a legal resident of Ohio, have resided in
the state for the year preceding the year in which application for the
scholarship is made and any other four of the last
ten years;
(C) Be in financial need, as determined by the board.
Sec. 5919.31. (A) If an active duty member of the Ohio national guard chooses to purchase life insurance pursuant to the "Servicemembers' Group Life Insurance Act," 79 Stat. 880 et seq. (1965), 38 U.S.C. 1965 et seq. and if the adjutant general determines that the member is ineligible for reimbursement of associated premiums under federal law, the adjutant general shall reimburse the member in an amount equal to the monthly premium paid for each month or part of a month by the member pursuant to the act while being an active duty member.
(B) The adjutant general may request additional money from the controlling board if the adjutant general does not have sufficient available unencumbered funds to reimburse active duty members for life insurance premiums pursuant to this section.
(C) The adjutant general may prescribe and enforce regulations to implement the requirements of this section. In prescribing and enforcing those regulations, the adjutant general need not comply with section 111.15 or Chapter 119. of the Revised Code.
(D) As used in this section, "active duty member" means a member of the Ohio national guard on active duty pursuant to an executive order of the president of the United States, the "Act of October 28, 2004," 118 Stat. 1878, 32 U.S.C. 901 to 908, as amended, another act of the congress of the United States, or a proclamation of the governor, but does not include a member performing full-time Ohio national guard duty or performing special work active duty under the "Act of October 3, 1964," 78 Stat. 999, 32 U.S.C. 502(f).
Section 101.02. That existing sections 3.21, 3.23, 5.10, 9.37, 101.15, 101.34, 101.72, 101.83, 101.92, 107.40, 121.62, 126.11, 131.02, 133.021, 151.01, 151.09, 151.10, 151.40, 152.09, 152.18, 152.19, 152.21, 152.24, 152.242, 152.26, 169.13, 333.02, 333.04, 340.03, 340.09, 340.12, 715.70, 715.81, 1520.02, 2301.02, 2305.26, 2329.07, 2701.06, 3317.013, 3317.022, 3317.029, 3317.0217, 3317.03, 3383.01, 3383.07, 3706.01, 3770.05, 3770.073, 4121.121, 4503.068, 4728.03, 4763.03, 4763.05, 4763.06, 4919.76, 5107.12, 5111.88, 5115.06, 5119.071, 5120.03, 5123.08, 5139.02, 5502.62, 5537.01, 5537.02, 5537.03, 5537.10, 5537.17, 5537.24, 5537.26, 5537.27, 5537.28, 5701.11, 5709.87, 5727.84, 5741.101, 5751.011, 5910.03, and 5919.31 of the Revised Code are hereby repealed.
Section 110.07. That the version of section 5502.62 of the Revised Code that is scheduled to take effect April 1, 2007, be amended to read as follows:
Sec. 5502.62. (A) There is hereby created in the department of public safety a division of
criminal justice services. The director of public safety, with the concurrence of the governor, shall appoint an executive director
of the division of criminal justice services. The executive director shall be the head of the division. The executive director shall serve at the pleasure of the director of public safety. To carry out the duties assigned under this section and to comply with sections 5502.63 to 5502.66 of the Revised Code, the executive director, subject to the direction and control of the director of public safety, may appoint and maintain any necessary staff and may enter into any necessary contracts and other agreements. The executive director of the division, and
all professional and technical
personnel employed within the
division who are not public employees
as defined in section 4117.01
of the Revised Code, shall be in the
unclassified civil service,
and all other persons employed within
the division shall be in the
classified civil service.
(B) Subject to division
(F) of this section and subject
to
divisions
(D) to (F) of section 5120.09 of the Revised Code
insofar as those
divisions relate to federal criminal justice acts
that the governor requires
the department of rehabilitation and
correction to administer, the division
of criminal justice services
shall do all of the following:
(1) Serve as the state criminal justice services agency
and
perform criminal
justice system planning in the
state, including
any planning that is required by any federal
law;
(2) Collect, analyze, and correlate information and data
concerning the criminal
justice
system in the
state;
(3) Cooperate with and provide technical assistance to
state
departments, administrative planning districts,
metropolitan
county criminal justice services agencies, criminal
justice
coordinating councils, agencies, offices, and departments
of the
criminal
justice
system in the state, and
other appropriate
organizations and persons;
(4) Encourage and assist agencies, offices, and
departments
of the criminal
justice
system in the
state
and other
appropriate organizations and persons to solve
problems
that
relate to the duties of the division;
(5) Administer within the state any federal criminal
justice
acts
that the governor requires
it to
administer;
(6)
Administer funds received under the
"Family Violence
Prevention and Services Act," 98 Stat. 1757 (1984), 42 U.S.C.A.
10401, as amended, with all powers necessary for the adequate
administration of those funds, including the authority to
establish a family violence prevention and services program;
(7) Implement the state comprehensive plans;
(8) Audit grant activities of agencies, offices,
organizations, and persons that are financed in whole or in part
by funds granted through the division;
(9) Monitor or evaluate the performance of criminal
justice
system projects and programs in the state
that
are financed in
whole or in part by funds granted through the
division;
(10) Apply for, allocate, disburse, and account for
grants
that are made available pursuant to federal criminal
justice acts,
or made available from
other federal,
state, or private sources,
to improve the criminal
justice
system in the state. Except as otherwise provided in this division, all money
from
such federal
grants
shall, if the terms under which the money
is
received
require that
the
money be deposited into an
interest-bearing fund
or account,
be deposited in
the state
treasury to the credit of
the federal
program purposes fund, which
is hereby created. All
investment
earnings of the federal program purposes fund shall be
credited to
the fund. All money from such federal grants that require that the money be deposited into an interest-bearing fund or account, that are intended to provide funding to local criminal justice programs, and that require that investment earnings be distributed for program purposes shall be deposited in the state treasury to the credit of the federal justice programs fund funds, which is are hereby created. A separate fund shall be established each federal fiscal year. All investment earnings of the a federal justice programs fund shall be credited to the that fund and distributed in accordance with the terms of the grant under which the money is received.
(11) Contract with federal, state, and local agencies,
foundations, corporations, businesses, and persons when necessary
to carry out the duties of the division;
(12) Oversee the activities of metropolitan county
criminal
justice services agencies, administrative planning
districts, and
criminal justice coordinating councils in the
state;
(13) Advise the director of public safety, general assembly, and governor on
legislation
and other significant matters that pertain to the
improvement and
reform of criminal and juvenile justice systems
in
the state;
(14) Prepare and recommend legislation to the director of public safety, general
assembly, and governor for the improvement of the criminal and
juvenile justice systems in the state;
(15) Assist, advise, and make any reports that are
requested
or required by the governor, director of public safety, attorney general, or
general
assembly;
(16) Develop and maintain the Ohio incident-based reporting system in accordance with division (C) of this section;
(17) Subject to the approval of the director of public safety, adopt rules pursuant to Chapter 119. of the Revised
Code;
(18)(a) Not later than June 1, 2007, and subject to the approval of the director of public safety, adopt rules for the establishment and maintenance of a mcgruff house program by any sponsoring agency. The rules shall include the following:
(i) The adoption of the mcgruff house symbol to be used exclusively in all mcgruff house programs in this state;
(ii) The requirements for any sponsoring agency to establish and maintain a mcgruff house program;
(iii) The criteria for the selection of volunteers to participate in a mcgruff house program that shall include, but not be limited to, criminal background checks of those volunteers;
(iv) Any other matters that the division of criminal justice services considers necessary for the establishment and maintenance of mcgruff house programs by sponsoring agencies and the participation of volunteers in those programs.
(b) The division of criminal justice services shall distribute materials and provide technical assistance to any sponsoring agency that establishes and maintains a mcgruff house program, any volunteer group or organization that provides assistance to that sponsoring agency, or any volunteer who participates in a mcgruff house program.
(C) The division of criminal justice services shall develop and maintain the Ohio incident-based reporting system to facilitate the sharing of information with the federal bureau of investigation and participating law enforcement agencies in Ohio. The Ohio incident-based reporting system shall be known as OIBRS. In connection with OIBRS, the division shall do all of the following:
(1) Collect and organize statistical data for reporting to the national incident-based reporting system operated by the federal bureau of investigation for the purpose of securing federal criminal justice grants;
(2) Analyze and highlight mapping data for participating law enforcement agencies;
(3) Distribute data and analyses to participating law enforcement agencies;
(4) Encourage nonparticipating law enforcement agencies to participate in OIBRS by offering demonstrations, training, and technical assistance;
(5) Provide assistance, advice, and reports requested by the governor, the general assembly, or the federal bureau of investigation;
(6) Require every law enforcement agency that receives federal criminal justice grants or state criminal justice information system general revenue funds through the division to participate in OIBRS or in the uniform crime reporting program of the federal bureau of investigation. An agency that submits OIBRS data to the Ohio local law enforcement information sharing network shall be considered to be in compliance with division (C)(6) of this section if both of the following apply:
(a) The Ohio local law enforcement information sharing network is capable of collecting OIBRS data.
(b) The division of criminal justice services has the ability to extract the OIBRS data for reporting to the national incident-based reporting system in the manner required by the federal bureau of investigation.
(D)
Upon the request of the director of public safety or governor, the division of
criminal
justice services may do any of
the
following:
(1) Collect, analyze, or correlate information and data
concerning the juvenile justice system in the state;
(2) Cooperate with and provide technical assistance to state
departments, administrative planning districts, metropolitan
county criminal justice service agencies, criminal justice
coordinating councils, agency offices, and the departments of the
juvenile justice system in the state and other appropriate
organizations and persons;
(3) Encourage and assist agencies, offices, and departments
of the juvenile justice system in the state and other appropriate
organizations and persons to solve problems that relate to the
duties of the division.
(E)
Divisions (B), (C), and (D) of this section
do not limit
the
discretion or authority
of the attorney general with respect
to
crime victim assistance and
criminal justice programs.
(F) Nothing in this section is intended to diminish or
alter
the status of the office of the attorney general as a
criminal
justice services agency or to diminish or alter the status or discourage the development and use of other law enforcement information systems in Ohio.
Section 110.08. That the existing version of section 5502.62 of the Revised Code that is scheduled to take effect April 1, 2007, is hereby repealed.
Section 110.09. That Sections 110.07 and 110.08 of this act take effect April 1, 2007.
Section 201.10. The items set forth in this section are hereby appropriated out of any moneys in the state treasury to the credit of the Wildlife Fund (Fund 015), that are not otherwise appropriated.
DNR DEPARTMENT OF NATURAL RESOURCES
CAP-012 |
|
Land Acquisition - Statewide |
|
$ |
3,000,000 |
CAP-852 |
|
Wildlife Area Building Development/Renovations |
|
$ |
1,000,000 |
Total Department of Natural Resources |
|
$ |
4,000,000 |
TOTAL Wildlife Fund |
|
$ |
4,000,000 |
Section 203.10. The items set forth in this section are hereby
appropriated out
of
any moneys in the state treasury to the credit
of the Public School Building
Fund (Fund 021), that are not
otherwise appropriated.
SFC SCHOOL FACILITIES COMMISSION
CAP-622 |
|
Public School Buildings |
|
$ |
154,632,362 |
CAP-786 |
|
New School Planning and Design |
|
$ |
4,000,000 |
Total School Facilities Commission |
|
$ |
158,632,362 |
TOTAL Public School Building Fund |
|
$ |
158,632,362 |
Section 203.20. PUBLIC SCHOOL BUILDING FUND
The Controlling Board, when requested to do so by the
Executive
Director of the Ohio School Facilities Commission, may
increase
appropriations in the Public School Building Fund (Fund
021),
based on revenues received by the fund, including cash
transfers
and interest that may accrue to the fund.
Section 203.40. NEW BLIND AND DEAF SCHOOL PLANNING AND DESIGN
The foregoing appropriation item CAP-786, New School Planning and Design, shall be used for the planning and design of a new consolidated school, residential facility, transportation garage, and athletic facilities for the Ohio State School for the Blind and the Ohio School for the Deaf. Notwithstanding sections 123.01 and 123.15 of the Revised Code and in addition to its powers and duties under Chapter 3318. of the Revised Code, the Ohio School Facilities Commission shall administer the planning and design of a new consolidated school, residential facility, transportation garage, and athletic facilities for the Ohio State School for the Blind and the Ohio School for the Deaf on the current campus of the Ohio School for the Deaf. The design and construction of the new consolidated school shall comply to the fullest extent possible with the specifications and policies set forth in the Ohio School Design Manual. This project shall not be considered a part of any program created under Chapter 3318. of the Revised Code. The Executive Director of the Ohio School Facilities Commission shall determine the planning, design, scope, and budget of the project in consultation with the superintendents of the Ohio State School for the Blind and the Ohio School for the Deaf and the Director of Budget and Management. Upon issuance by the Commission of a certificate of completion of the project, the Commission's participation in the project shall end.
The Executive Director of the Ohio School Facilities Commission shall comply with the procedures and guidelines established in Chapter 153. of the Revised Code. Upon the release of funds for the project by the Controlling Board or the Director of Budget and Management, the commission may administer the project without the supervision, control, or approval of the Director of Administrative Services. Any references to the Director of Administrative Services in the Revised Code, with respect to the administration of this project, shall be construed to refer to the Director of the Ohio School Facilities Commission.
Section 205.10. The items set forth in this section are hereby
appropriated out
of any moneys in the state treasury to the credit
of the Highway Safety Fund
(Fund 036), that are not otherwise
appropriated.
DHS DEPARTMENT OF PUBLIC SAFETY
CAP-083 |
|
Alum Creek Facility Roof Renovation |
|
$ |
1,067,000 |
CAP-084 |
|
OSHP Academy Maintenance |
|
$ |
433,000 |
Total Department of Public Safety |
|
$ |
1,500,000 |
TOTAL Highway Safety Fund |
|
$ |
1,500,000 |
Section 207.10. All items set forth in this section are hereby appropriated out of any moneys in the state treasury to the credit of the State Capital Improvements Revolving Loan Fund (Fund 040). Revenues to the State Capital Improvements Revolving Loan Fund shall consist of all repayments of loans made to local subdivisions for capital improvements, investment earnings on moneys in the fund, and moneys obtained from federal or private grants or from other sources for the purpose of making loans for the purpose of financing or assisting in the financing of the cost of capital improvement projects of local subdivisions.
PWC PUBLIC WORKS COMMISSION
CAP-151 |
|
Revolving Loan |
|
$ |
25,300,000 |
Total Public Works Commission |
|
$ |
25,300,000 |
TOTAL State Capital Improvements Revolving Loan Fund |
|
$ |
25,300,000 |
The foregoing appropriation item CAP-151, Revolving Loan, shall be used in accordance with sections 164.01 to 164.12 of the Revised Code.
If the Public Works Commission receives refunds due to project overpayments that are discovered during a post-project audit, the Director of the Public Works Commission may certify to the Director of Budget and Management that refunds have been received. In certifying the refunds, the Director of the Public Works Commission shall provide the Director of Budget and Management information on the project refunds. The certification shall detail by project the source and amount of project overpayments received and include any supporting documentation required or requested by the Director of Budget and Management. Upon receipt of the certification, the Director of Budget and Management shall determine if the project refunds are necessary to support existing appropriations. If the project refunds are available to support additional appropriations, these amounts are hereby appropriated to appropriation item CAP-151, Revolving Loan.
Section 209.10. All items set forth in this section are hereby
appropriated out of any moneys in the state treasury to the
credit
of the Waterways Safety Fund (Fund 086), that are not
otherwise
appropriated.
DNR DEPARTMENT OF NATURAL RESOURCES
CAP-324 |
|
Cooperative Funding for Boating Facilities |
|
$ |
8,700,000 |
CAP-934 |
|
Operations Facilities Development |
|
$ |
3,440,000 |
Total Department of Natural Resources |
|
$ |
12,140,000 |
TOTAL Waterways Safety Fund |
|
$ |
12,140,000 |
Section 211.10. All items set forth in this section are hereby appropriated out of any moneys in the state treasury to the credit of the Army National Guard Service Contract Fund (Fund 342), that are not otherwise appropriated.
ADJ ADJUTANT GENERAL
CAP-065 |
|
Armory Construction-Federal |
|
$ |
877,275 |
Total Adjutant General |
|
$ |
877,275 |
TOTAL Army National Guard Service Contract Fund |
|
$ |
877,275 |
Section 213.10. All items set forth in this section are hereby appropriated out of any moneys in the state treasury to the credit of the Special Administrative Fund (Fund 4A9), that are not otherwise appropriated.
JFS DEPARTMENT OF JOB AND FAMILY SERVICES
CAP-702 |
|
Central Office Building Renovations |
|
$ |
2,000,000 |
Total Department of Job and Family Services |
|
$ |
2,000,000 |
TOTAL Special Administrative Fund |
|
$ |
2,000,000 |
Section 215.10. The items set forth in this section are hereby
appropriated out of any moneys in the state treasury to the credit
of the State Fire Marshal Fund (Fund 546), that are not otherwise
appropriated.
COM DEPARTMENT OF COMMERCE
CAP-115 |
|
Emergency Generator Replacement |
|
$ |
1,650,000 |
CAP-116 |
|
IT Infrastructure |
|
$ |
720,000 |
CAP-117 |
|
Security Fence & Entrance Gate |
|
$ |
50,000 |
CAP-118 |
|
Driver Training/Road Improvement |
|
$ |
1,070,000 |
CAP-119 |
|
Master Plan for SFM Facilities |
|
$ |
500,000 |
CAP-120 |
|
Forensic Laboratory Equipment |
|
$ |
130,000 |
Total Department of Commerce |
|
$ |
4,120,000 |
TOTAL State Fire Marshal Fund |
|
$ |
4,120,000 |
Section 217.10. The items set forth in this section are hereby
appropriated out of any moneys in the state treasury to the
credit
of the Veterans' Home Improvement Fund (Fund 604), that
are not
otherwise appropriated.
OVH OHIO VETERANS' HOME AGENCY
CAP-786 |
|
General Building Renovations |
|
$ |
2,700,000 |
Total Ohio Veterans' Home Agency |
|
$ |
2,700,000 |
TOTAL Veterans' Home Improvement Fund |
|
$ |
2,700,000 |
Section 219.10. All items set forth in this section are hereby appropriated out of any moneys in the state treasury to the credit of the Job Ready Site Development Fund (Fund 012), that are not otherwise appropriated:
DEV DEPARTMENT OF DEVELOPMENT
CAP-003 |
|
Job Ready Sites |
|
$ |
30,000,000 |
Total Department of Development |
|
$ |
30,000,000 |
TOTAL Job Ready Site Development Fund |
|
$ |
30,000,000 |
Section 219.20. JOB READY SITE DEVELOPMENT
The Ohio Public Facilities Commission, upon request of the Department of Development, is hereby authorized to issue and sell, in accordance with Section 2p of Article VIII, Ohio Constitution, and pursuant to sections 151.01 and 151.11 of the Revised Code, original obligations of the State of Ohio in an aggregate amount not to exceed $30,000,000 in addition to the original issuance of obligations heretofore authorized by prior acts of the General Assembly. These authorized obligations shall be issued and sold from time to time, subject to applicable constitutional and statutory limitations, as needed to ensure sufficient moneys to the credit of the Job Ready Site Development Fund (Fund 012) to pay costs of sites and facilities.
Section 221.10.10. All items set forth in Sections 221.10.20 to 221.20.10
of this act are
hereby appropriated out
of any moneys in the
state
treasury to the credit of the Administrative
Building Fund
(Fund
026), that are not otherwise appropriated.
Section 221.10.20. ADJ ADJUTANT GENERAL
CAP-036 |
|
Roof Replacement - Various |
|
$ |
530,000 |
CAP-038 |
|
Electrical Systems - Various |
|
$ |
560,000 |
CAP-044 |
|
Replace Windows/Doors - Various |
|
$ |
220,000 |
CAP-045 |
|
Plumbing Renovations - Various |
|
$ |
525,000 |
CAP-046 |
|
Paving Renovations - Various |
|
$ |
455,225 |
CAP-050 |
|
HVAC Systems - Various |
|
$ |
700,000 |
CAP-056 |
|
Masonry Repairs/Renovations - Various |
|
$ |
220,000 |
CAP-071 |
|
Construct Delaware Armory |
|
$ |
1,756,250 |
CAP-072 |
|
Energy Conservation - Various |
|
$ |
33,525 |
CAP-063 |
|
Rickenbacker International Airport |
|
$ |
2,775,000 |
CAP-075 |
|
Mansfield Lahm Air National Guard Facility |
|
$ |
1,000,000 |
CAP-076 |
|
Camp Perry Improvements |
|
$ |
1,200,000 |
Total Adjutant General |
|
$ |
9,975,000 |
The foregoing appropriation item CAP-071, Construct Delaware Armory, shall be used to fund the state's share of the cost of building a basic armory in the Delaware area, including the cost of site acquisition, site preparation, and planning and design. Appropriations shall not be released for this item without a certification by the Adjutant General to the Director of Budget and Management that sufficient moneys have been allocated for the federal share of the cost of construction.
Section 221.10.30. DAS DEPARTMENT OF ADMINISTRATIVE SERVICES
CAP-773 |
|
Governor's Residence Renovations |
|
$ |
912,000 |
CAP-826 |
|
Surface Road Building Renovations |
|
$ |
394,300 |
CAP-834 |
|
Capital Improvements Project Management System |
|
$ |
2,342,400 |
CAP-835 |
|
Energy Conservation Projects |
|
$ |
1,000,000 |
CAP-838 |
|
SOCC Renovations |
|
$ |
1,200,000 |
CAP-850 |
|
Education Building Renovations |
|
$ |
564,900 |
CAP-852 |
|
North High Building Complex Renovations |
|
$ |
14,001,400 |
CAP-855 |
|
Office Space Planning |
|
$ |
5,000,000 |
CAP-856 |
|
Governor's Residence Security Upgrades |
|
$ |
25,000 |
CAP-865 |
|
DAS Building Security Upgrades |
|
$ |
79,500 |
Total Department of Administrative Services |
|
$ |
25,519,500 |
Section 221.10.40. AGR DEPARTMENT OF AGRICULTURE
CAP-043 |
|
Building and Grounds Renovation |
|
$ |
600,000 |
CAP-051 |
|
Plant Industries Building #7 Replacement |
|
$ |
10,485,631 |
CAP-052 |
|
Grounds Security/Emergency Power |
|
$ |
200,000 |
Total Department of Agriculture |
|
$ |
11,285,631 |
Section 221.10.50. CSR CAPITOL SQUARE REVIEW AND ADVISORY BOARD
CAP-024 |
|
Capitol Square Security |
|
$ |
350,000 |
Total Capitol Square Review and Advisory Board |
|
$ |
350,000 |
Section 221.10.60. EXP EXPOSITIONS COMMISSION
CAP-056 |
|
Building Renovations and Repairs |
|
$ |
4,696,000 |
CAP-072 |
|
Emergency Repairs and Equipment Repair or Replacement |
|
$ |
1,000,000 |
CAP-074 |
|
Multi-Purpose Building |
|
$ |
14,000,000 |
Total Expositions Commission |
|
$ |
19,696,000 |
Section 221.10.70. DHS DEPARTMENT OF PUBLIC SAFETY
CAP-085 |
|
American Red Cross Public Safety Facility |
|
$ |
1,000,000 |
CAP-086 |
|
Consolidated Communications Project of Strongsville |
|
$ |
85,000 |
CAP-087 |
|
Domestic Violence Shelter |
|
$ |
100,000 |
CAP-088 |
|
Family Services of Cincinnati |
|
$ |
100,000 |
Total Department of Public Safety |
|
$ |
1,285,000 |
Section 221.10.80. DNR DEPARTMENT OF NATURAL RESOURCES
CAP-742 |
|
Fountain Square Building and Telephone System Improvements |
|
$ |
1,000,000 |
CAP-744 |
|
MARCS |
|
$ |
2,000,000 |
CAP-747 |
|
DNR Fairgrounds Areas - General Upgrading - Fairgrounds Site Improvements |
|
$ |
700,000 |
Total Department of Natural Resources |
|
$ |
3,700,000 |
Section 221.10.90. OSB SCHOOL FOR THE BLIND
CAP-784 |
|
Renovations and Repairs |
|
$ |
890,000 |
CAP-785 |
|
Replacement of School Elevator |
|
$ |
110,000 |
Total School for the Blind |
|
$ |
1,000,000 |
Section 221.20.10. OSD SCHOOL FOR THE DEAF
CAP-783 |
|
Renovations and Repairs |
|
$ |
1,000,000 |
Total School for the Deaf |
|
$ |
1,000,000 |
TOTAL Administrative Building Fund |
|
$ |
73,811,131 |
Section 221.20.20. The Ohio Building Authority is hereby
authorized to issue and sell, in accordance with Section 2i of
Article VIII, Ohio Constitution, and Chapter
152.
and other
applicable sections of the Revised Code, original
obligations
in
an aggregate
principal amount not to exceed
$66,000,000 in
addition to the
original issuance of obligations
heretofore
authorized by prior
acts of the General Assembly. These
authorized
obligations shall be issued, subject to applicable
constitutional
and statutory limitations, to pay
costs associated
with previously
authorized capital facilities and
the capital
facilities referred
to in Sections 221.10.10 to
221.20.10
of this act.
Section 223.10. All items set forth in this section are
hereby
appropriated out of any moneys in the state treasury to the
credit
of the Adult Correctional Building Fund (Fund 027), that are
not
otherwise appropriated.
DRC DEPARTMENT OF REHABILITATION AND CORRECTIONSTATEWIDE AND CENTRAL OFFICE PROJECTS
CAP-003 |
|
Community Based Correctional Facility |
|
$ |
1,200,000 |
CAP-017 |
|
Security Improvements - Statewide |
|
$ |
6,127,037 |
CAP-111 |
|
General Building Renovations |
|
$ |
28,847,973 |
Total Statewide and Central Office Projects |
|
$ |
36,175,010 |
TOTAL Department of Rehabilitation and Correction |
|
$ |
36,175,010 |
TOTAL ADULT CORRECTIONAL BUILDING FUND |
|
$ |
36,175,010 |
Section 223.20. The Ohio Building Authority is hereby
authorized to issue and sell, in accordance with Section 2i of
Article VIII, Ohio Constitution, and Chapter
152.
and section
307.021 of the Revised Code, original
obligations in
an aggregate
principal amount not to exceed
$21,000,000 in
addition to the
original issuance of obligations
heretofore
authorized by prior
acts of the General Assembly. These authorized
obligations shall be
issued, subject to applicable constitutional
and statutory
limitations, to
pay costs
associated with previously
authorized
capital
facilities and the
capital facilities referred to in
Section 223.10 of
this act
for the Department of
Rehabilitation and
Correction.
Section 225.10. All items set forth in this section are
hereby
appropriated out of any moneys in the state treasury to the
credit
of the Juvenile Correctional Building Fund (Fund 028), that
are not
otherwise appropriated.
DYS DEPARTMENT OF YOUTH SERVICES
CAP-801 |
|
Fire Suppression/Safety/Security |
|
$ |
2,369,806 |
CAP-803 |
|
General Institutional Renovations |
|
$ |
4,833,336 |
CAP-812 |
|
CCF Renovations/Maintenance |
|
$ |
1,322,304 |
CAP-837 |
|
Sanitary Safety
& Other Renovations - Indian River |
|
$ |
4,850,000 |
CAP-839 |
|
Classroom Renovations |
|
$ |
1,988,875 |
CAP-840 |
|
Mental Health Unit Construction |
|
$ |
2,877,510 |
Total Department of Youth Services |
|
$ |
18,241,831 |
TOTAL Juvenile Correctional Building Fund |
|
$ |
18,241,831 |
Section 225.20. The Ohio Building Authority is hereby
authorized to issue and sell, in accordance with
Section 2i of
Article VIII, Ohio Constitution, and Chapter
152.
and other
applicable sections of the Revised Code, original
obligations in
an aggregate principal amount not to exceed
$18,000,000 in addition
to the original issuance of obligations
heretofore authorized by
prior acts of the General Assembly.
These
authorized obligations
shall be issued, subject to applicable
constitutional and
statutory limitations, to pay the costs
associated with previously
authorized capital facilities and the
capital facilities referred
to in Section 225.10 of this act for the
Department
of Youth
Services.
Section 227.10. All items set forth in this section are hereby
appropriated out of any moneys in the state treasury to the credit
of the Cultural and Sports Facilities Building Fund (Fund 030), that are not
otherwise appropriated.
OHS OHIO HISTORICAL SOCIETY
CAP-734 |
|
Hayes Center Renov & Repairs |
|
$ |
300,000 |
CAP-745 |
|
Renovations and Repairs |
|
$ |
850,000 |
CAP-763 |
|
Historic Site Signage |
|
$ |
250,000 |
CAP-770 |
|
Serpent Mound Improvements |
|
$ |
340,000 |
CAP-781 |
|
Information Technology Project |
|
$ |
364,000 |
CAP-784 |
|
Center Rehabilitation |
|
$ |
1,035,000 |
CAP-803 |
|
Digitization of Collections |
|
$ |
300,000 |
CAP-809 |
|
Exhibit Replace/Orientation |
|
$ |
415,000 |
CAP-910 |
|
Collections Facility Planning |
|
$ |
1,240,000 |
CAP-911 |
|
W.P. Snyder Restoration |
|
$ |
876,000 |
CAP-912 |
|
Lockington Locks Restoration |
|
$ |
172,000 |
Total Ohio Historical Society |
|
$ |
6,142,000 |
Section 227.20. AFC CULTURAL FACILITIES COMMISSION
CAP-913 |
|
Huntington Park |
|
$ |
7,000,000 |
CAP-914 |
|
Schuster Center for the Performing Arts |
|
$ |
5,500,000 |
CAP-915 |
|
Cleveland Museum of Art |
|
$ |
3,000,000 |
CAP-916 |
|
Cincinnati Symphony Orchestra - Riverbend |
|
$ |
3,000,000 |
CAP-917 |
|
Marina District Amphitheatre |
|
$ |
3,000,000 |
CAP-918 |
|
Cincinnati Museum Center |
|
$ |
2,000,000 |
CAP-919 |
|
National Underground Railroad Freedom Center |
|
$ |
2,000,000 |
CAP-920 |
|
Cincinnati Sports Facility Improvements |
|
$ |
2,000,000 |
CAP-921 |
|
Pro Football Hall of Fame |
|
$ |
1,650,000 |
CAP-922 |
|
Heritage Center of Dayton Manufacturing & Entrepreneurship |
|
$ |
1,300,000 |
CAP-923 |
|
Western Reserve Historical Society |
|
$ |
1,000,000 |
CAP-924 |
|
Cleveland Institute of Art |
|
$ |
1,000,000 |
CAP-925 |
|
COSI Columbus |
|
$ |
1,000,000 |
CAP-926 |
|
Columbus Museum of Art |
|
$ |
1,000,000 |
CAP-927 |
|
Mason ATP Tennis Center |
|
$ |
1,300,000 |
CAP-928 |
|
Stan Hywet Hall and Gardens |
|
$ |
1,175,000 |
CAP-929 |
|
Akron Art Museum |
|
$ |
1,000,000 |
CAP-930 |
|
Sauder Village |
|
$ |
830,000 |
CAP-931 |
|
Horvitz Center for the Arts |
|
$ |
750,000 |
CAP-932 |
|
Ensemble Theatre |
|
$ |
750,000 |
CAP-933 |
|
Voice of America Museum |
|
$ |
750,000 |
CAP-934 |
|
Cleveland Steamship Mather |
|
$ |
600,000 |
CAP-935 |
|
Cuyahoga County Soldiers' and Sailors Monument |
|
$ |
500,000 |
CAP-936 |
|
King-Lincoln Arts & Entertainment District |
|
$ |
500,000 |
CAP-937 |
|
Art Academy of Cincinnati |
|
$ |
500,000 |
CAP-938 |
|
Great Lakes Historical Society |
|
$ |
500,000 |
CAP-939 |
|
McKinley Museum |
|
$ |
425,000 |
CAP-940 |
|
Charles A. Eulett Education Center and Appalachian Museum |
|
$ |
300,000 |
CAP-942 |
|
Davis Shai Historical Facility |
|
$ |
300,000 |
CAP-943 |
|
Massillon Museum |
|
$ |
275,000 |
CAP-944 |
|
The Mandel Center |
|
$ |
250,000 |
CAP-945 |
|
Worthington Arts Center |
|
$ |
250,000 |
CAP-946 |
|
CCAD |
|
$ |
250,000 |
CAP-947 |
|
BalletMet |
|
$ |
250,000 |
CAP-948 |
|
Stambaugh Hall Improvements |
|
$ |
250,000 |
CAP-949 |
|
Youngstown Symphony Orchestra |
|
$ |
250,000 |
CAP-950 |
|
Wood County Historical Center & Museum |
|
$ |
220,000 |
CAP-951 |
|
Harding Memorial |
|
$ |
210,000 |
CAP-952 |
|
Cincinnati Ballet |
|
$ |
200,000 |
CAP-953 |
|
City of Avon Stadium Complex |
|
$ |
200,000 |
CAP-954 |
|
Renaissance Performing Arts Center |
|
$ |
200,000 |
CAP-956 |
|
Oxford Arts Center Historic Renovation |
|
$ |
174,000 |
CAP-957 |
|
Wayne County Historical Society - Lincoln Highway |
|
$ |
170,000 |
CAP-958 |
|
Maumee Valley Historical Society |
|
$ |
150,000 |
CAP-959 |
|
Trumbull County Historical Society |
|
$ |
150,000 |
CAP-960 |
|
First Lunar Flight Project |
|
$ |
150,000 |
CAP-961 |
|
Holmes County Historical Society Improvements |
|
$ |
140,000 |
CAP-962 |
|
Canal Winchester Historical Society |
|
$ |
125,000 |
CAP-963 |
|
Ukrainian Museum |
|
$ |
100,000 |
CAP-964 |
|
Gordon Square Arts District |
|
$ |
100,000 |
CAP-965 |
|
Moreland Theatre Renovation |
|
$ |
100,000 |
CAP-966 |
|
Karamu House |
|
$ |
100,000 |
CAP-967 |
|
Symmes Township Historical Society - Ross House |
|
$ |
100,000 |
CAP-968 |
|
Springfield Veterans Park Amphitheatre |
|
$ |
100,000 |
CAP-969 |
|
Gallia County Historical Genealogical Society |
|
$ |
100,000 |
CAP-970 |
|
Gallia County French Art Colony |
|
$ |
100,000 |
CAP-971 |
|
The Octagon House |
|
$ |
100,000 |
CAP-972 |
|
Vinton County Stages - Pavilion Project |
|
$ |
100,000 |
CAP-973 |
|
County Line Historical Society (Wayne/Holmes) |
|
$ |
100,000 |
CAP-974 |
|
Paul Brown Museum |
|
$ |
75,000 |
CAP-975 |
|
The Works - Ohio Center for History, Art and Technology |
|
$ |
75,000 |
CAP-976 |
|
Van Wert Historical Society |
|
$ |
70,000 |
CAP-977 |
|
Indian Mill Renovations |
|
$ |
66,000 |
CAP-978 |
|
Hale Farm & Village |
|
$ |
50,000 |
CAP-979 |
|
Howe House Historic Site |
|
$ |
50,000 |
CAP-980 |
|
Beavercreek Community Theatre |
|
$ |
50,000 |
CAP-981 |
|
Jamestown Opera House |
|
$ |
50,000 |
CAP-982 |
|
Johnny Appleseed Museum |
|
$ |
50,000 |
CAP-983 |
|
Vinton County Historical Society - Alice's House Project |
|
$ |
50,000 |
CAP-984 |
|
Woodward Opera House |
|
$ |
50,000 |
CAP-985 |
|
Little Brown Jug Facility Improvements |
|
$ |
50,000 |
CAP-986 |
|
Applecreek Historical Society |
|
$ |
50,000 |
CAP-987 |
|
Wyandot Historic Building Renovation |
|
$ |
50,000 |
CAP-988 |
|
Galion Historic Big Four Depot Restoration |
|
$ |
30,000 |
CAP-989 |
|
Bucyrus Historic Depot Renovations |
|
$ |
30,000 |
CAP-990 |
|
Myers Historical Stagecoach Inn Renovation |
|
$ |
25,000 |
CAP-991 |
|
Arts West Performing Arts Center |
|
$ |
25,000 |
CAP-992 |
|
Chester Academy Historic Building |
|
$ |
25,000 |
CAP-993 |
|
Portland Civil War Museum and Historic Displays |
|
$ |
25,000 |
CAP-994 |
|
Morgan County Historic Opera House |
|
$ |
25,000 |
CAP-995 |
|
Philo Performing Arts Center |
|
$ |
25,000 |
CAP-996 |
|
Crawford Antique Museum |
|
$ |
9,000 |
CAP-997 |
|
Monroe City Historical Society Building Repairs |
|
$ |
5,000 |
CAP-998 |
|
Wright-Dunbar Historical |
|
$ |
250,000 |
Total Cultural Facilities Commission |
|
$ |
50,854,000 |
TOTAL Cultural and Sports Facilities Building Fund |
|
$ |
56,996,000 |
Section 227.30. The Treasurer of State is hereby
authorized to issue and sell, in accordance with Section 2i of
Article VIII, Ohio Constitution, and Chapter
154. and other
applicable sections of the Revised Code,
original
obligations in
an aggregate principal amount not to
exceed
$51,000,000 in
addition to the original
issuance of
obligations
heretofore
authorized by prior acts of the General
Assembly. These authorized
obligations shall be issued, subject to applicable constitutional
and statutory limitations, to pay
costs of capital facilities as
defined in
section 154.01 of the Revised Code,
including
construction as
defined in division (H) of section
3383.01 of the
Revised Code, of
the Ohio cultural facilities
designated in Sections
227.10 and 227.20 of this act.
Section 229.10. All items set forth in this section are
hereby
appropriated out of any moneys in the state treasury to the
credit
of the Ohio Parks and Natural Resources Fund (Fund 031),
that are
not otherwise appropriated.
DNR DEPARTMENT OF NATURAL RESOURCESSTATEWIDE AND LOCAL PROJECTS
CAP-012 |
|
Land Acquisition - Department |
|
$ |
4,325,000 |
CAP-702 |
|
Underground Fuel Storage/Tank Removal/Replacement - Department |
|
$ |
500,000 |
CAP-748 |
|
NatureWorks Local Park Grants |
|
$ |
2,846,480 |
CAP-881 |
|
Dam Rehabilitation - Department |
|
$ |
3,060,920 |
CAP-923 |
|
Sheldon Marsh Remediation Match |
|
$ |
1,000,000 |
CAP-928 |
|
Handicapped Accessibility - Department |
|
$ |
500,000 |
CAP-929 |
|
Hazardous Waste/Asbestos Abatement - Department |
|
$ |
500,000 |
CAP-930 |
|
The WILDS |
|
$ |
1,175,000 |
CAP-931 |
|
Wastewater/Water Systems Upgrades - Department |
|
$ |
2,500,000 |
CAP-984 |
|
Belpre Swimming Pool |
|
$ |
50,000 |
Total Statewide and Local Projects |
|
$ |
16,457,400 |
Total Department of Natural Resources |
|
$ |
16,457,400 |
TOTAL Ohio Parks and Natural Resources Fund |
|
$ |
16,457,400 |
Section 229.20. The Ohio Public Facilities Commission, upon
the
request of the Director of Natural Resources, is hereby
authorized to issue and sell, in accordance with Section 2l of
Article VIII, Ohio Constitution, and Chapter 151. and particularly
sections
151.01 and 151.05 of the Revised
Code, original
obligations in an
aggregate principal amount not to
exceed
$16,000,000 in addition to
the original issuance of obligations
heretofore
authorized by
prior acts of the General Assembly.
These
authorized obligations shall be
issued, subject to
applicable
constitutional and statutory limitations, as needed to
provide
sufficient moneys to the credit of the
Ohio Parks and
Natural
Resources Fund (Fund 031) to pay costs of capital
facilities as
defined in sections 151.01 and 151.05 of the Revised Code.
Section 231.10. All items set forth in this section are
hereby
appropriated out of any moneys in the state treasury to the
credit
of the School Building Program Assistance Fund (Fund
032), that are
not otherwise appropriated.
SFC SCHOOL FACILITIES COMMISSION
CAP-770 |
|
School Building Program Assistance |
|
$ |
540,000,000 |
Total School Facilities Commission |
|
$ |
540,000,000 |
TOTAL School Building Program Assistance Fund |
|
$ |
540,000,000 |
SCHOOL BUILDING PROGRAM ASSISTANCE
The foregoing appropriation item CAP-770, School Building
Program Assistance,
shall be used by the School Facilities
Commission to provide funding to school
districts that receive
conditional approval from the Commission pursuant to
Chapter 3318.
of the Revised Code.
Section 231.20. The Ohio Public Facilities Commission is
hereby authorized to
issue and sell, in
accordance with Section 2n
of Article VIII, Ohio
Constitution, and
Chapter 151. and
particularly sections 151.01 and 151.03 of
the
Revised Code,
original obligations in
an aggregate principal
amount not to
exceed $530,000,000, in addition to the original
issuance of
obligations heretofore authorized by prior acts of the
General
Assembly. These authorized obligations shall be issued,
subject to
applicable constitutional and statutory limitations, to
pay the
costs to the state of constructing classroom facilities
pursuant
to sections 3318.01 to 3318.33 of the Revised Code.
Section 231.30. The item set forth in this section is appropriated contingently upon Chapter 3326. of the Revised Code being enacted in other legislation. If the contingency applies, the item set forth in this section is appropriated out of any moneys in the state treasury to the credit of the School Building Program Assistance Fund (Fund 032), that are not otherwise appropriated.
STM OHIO STEM EDUCATION AUTHORITY
CAP-001 |
|
Ohio STEM Education Authority |
|
$ |
16,000,000 |
Total Ohio STEM Education Authority |
|
$ |
16,000,000 |
TOTAL School Building Program Assistance Fund |
|
$ |
16,000,000 |
OHIO STEM EDUCATION AUTHORITY
The foregoing appropriation item CAP-001, Ohio STEM Education Authority, shall be used to support the capital needs of the Ohio STEM Education Authority.
Section 231.40. The Ohio Public Facilities Commission is hereby authorized to issue and sell, in accordance with Section 2n of Article VIII, Ohio Constitution, and Chapter 151. and particularly sections 151.01 and 151.03 of the Revised Code, original obligations in an aggregate principal amount not to exceed $16,000,000, in addition to the original issuance of obligations heretofore authorized by Section 231.20 of this act and by prior acts of the General Assembly. These authorized obligations shall be issued, subject to applicable constitutional and statutory limitations, to pay the costs to the state of constructing classroom facilities pursuant to sections 3318.01 to 3318.33 of the Revised Code.
Section 233.10.10. All items set forth in Sections 233.10.20 to 233.10.50
are
hereby appropriated out of any moneys in the state
treasury to
the
credit of the Mental Health Facilities Improvement
Fund (Fund
033),
that are not otherwise appropriated.
Section 233.10.20. ADA ALCOHOL AND DRUG ADDICTION SERVICES
CAP-004 |
|
New Directions Residential Treatment |
|
$ |
250,000 |
CAP-005 |
|
Maryhaven Facility Improvements |
|
$ |
200,000 |
Total Alcohol and Drug Addiction Services |
|
$ |
450,000 |
Section 233.10.30. DMH DEPARTMENT OF MENTAL HEALTH
CAP-092 |
|
Hazardous Material Abatement |
|
$ |
500,000 |
CAP-479 |
|
Community Assistance Projects |
|
$ |
4,000,000 |
CAP-946 |
|
Demolition |
|
$ |
500,000 |
CAP-978 |
|
Infrastructure Improvements |
|
$ |
11,980,000 |
CAP-986 |
|
Campus Consolidation |
|
$ |
4,000,000 |
CAP-990 |
|
Mayerson Center |
|
$ |
500,000 |
CAP-992 |
|
Chabad House |
|
$ |
350,000 |
CAP-993 |
|
Sylvania Family Services |
|
$ |
250,000 |
CAP-994 |
|
Talbert House |
|
$ |
200,000 |
Total Department of Mental Health |
|
$ |
22,280,000 |
Section 233.10.40. DMR DEPARTMENT OF MENTAL RETARDATION AND
DEVELOPMENTAL DISABILITIES
STATEWIDE AND CENTRAL OFFICE PROJECTS
CAP-480 |
|
Community Assistance Projects |
|
$ |
12,000,000 |
CAP-885 |
|
Bellefaire Jewish Children's Bureau |
|
$ |
750,000 |
CAP-886 |
|
Berea Children's Home |
|
$ |
250,000 |
CAP-887 |
|
North Olmstead Welcome House |
|
$ |
100,000 |
CAP-888 |
|
The Aullwood Audubon Center |
|
$ |
100,000 |
CAP-889 |
|
Kamp Dovetail Project at Rocky Fork Lake State Park |
|
$ |
100,000 |
CAP-912 |
|
Telecommunications |
|
$ |
765,000 |
CAP-941 |
|
Emergency Generator Replacement |
|
$ |
1,000,000 |
CAP-955 |
|
Statewide Development Centers |
|
$ |
6,212,373 |
CAP-981 |
|
Emergency Improvements |
|
$ |
500,000 |
Total Statewide and Central Office Projects |
|
$ |
21,777,373 |
TOTAL Department of Mental Retardation and Developmental Disabilities |
|
$ |
21,777,373 |
TOTAL MENTAL HEALTH FACILITIES IMPROVEMENT FUND |
|
$ |
44,507,373 |
COMMUNITY ASSISTANCE PROJECTS
The foregoing appropriation item CAP-480, Community
Assistance Projects, may be used to provide community assistance
funds for the development, purchase, construction, or renovation
of
facilities for day
programs or residential programs that
provide
services to persons
eligible for services from the
Department of
Mental Retardation
and Developmental Disabilities or
county boards
of mental
retardation and developmental
disabilities. Any funds
provided to
nonprofit
agencies for the
construction or renovation
of
facilities for
persons eligible
for
services from the
Department
of Mental
Retardation and
Developmental Disabilities
and county
boards of
mental
retardation
and developmental
disabilities shall
be
governed by
the prevailing
wage provisions
in section 176.05 of
the Revised
Code.
Section 233.10.50. The foregoing appropriations for the
Department of Mental Health,
CAP-479, Community Assistance
Projects, and the
Department of Mental
Retardation and Developmental
Disabilities,
CAP-480, Community
Assistance Projects, may
be used
on facilities constructed or to
be constructed pursuant to Chapter
340., 3793., 5119., 5123., or
5126. of the Revised Code or the
authority
granted by
section
154.20 of the Revised Code and the
rules issued pursuant to those
chapters
and shall be distributed
by the
Department of Mental Health and
the
Department of Mental
Retardation and Developmental Disabilities,
all subject
to Controlling
Board approval.
Section 233.10.60. (A) No capital improvement appropriations
made in Sections
233.10.10 to 233.10.50 of this act shall be released for
planning or for
improvement, renovation, or
construction or
acquisition of capital facilities if a governmental agency, as
defined in section 154.01 of the Revised Code, does not own the
real property
that constitutes the capital facilities or on which
the capital facilities
are or will be located. This restriction
does not apply in any of the
following circumstances:
(1) The governmental agency has a long-term (at least
fifteen years) lease
of, or other interest (such as an easement)
in, the real property.
(2) In the case of an appropriation for capital facilities
that, because of their unique
nature or location, will be
owned or
be part of facilities owned
by a separate nonprofit organization
and
made available to the
governmental agency for its use or
operated by the
nonprofit
organization under contract with the
governmental agency, the
nonprofit organization either owns or has
a long-term (at least
fifteen years)
lease of the real property or
other capital
facility to be improved,
renovated, constructed, or
acquired and
has entered into a joint or
cooperative use
agreement, approved by
the Department of Mental Health or the
Department
of Mental
Retardation
and Developmental Disabilities, whichever is
applicable, with the governmental
agency for that
agency's use of
and right to use the capital
facilities to be financed and, if
applicable, improved, the value
of such use or right to use being,
as
determined by the parties,
reasonably related to the amount of
the
appropriation.
(B) In the case of capital facilities referred to in
division (A)(2) of this
section, the joint or cooperative use
agreement shall include, as a minimum,
provisions that:
(1) Specify the extent and nature of that joint or
cooperative use, extending
for not fewer than fifteen years, with
the value of such use or right to use to
be, as determined by the
parties and approved by the approving department,
reasonably
related to the amount of the appropriation;
(2) Provide for pro rata reimbursement to the state should
the arrangement
for joint or cooperative use by a governmental
agency be terminated;
(3) Provide that procedures to be followed during the
capital improvement
process will comply with appropriate
applicable state laws and rules,
including the provisions of this act.
Section 233.10.70. The Treasurer of State is hereby authorized
to
issue and sell in accordance with Section 2i
of Article
VIII,
Ohio
Constitution, and Chapter 154. of the
Revised Code,
particularly section
154.20 of the Revised Code,
original
obligations in an aggregate principal amount not
to
exceed
$49,000,000 in addition to the original issuance of
obligations
heretofore authorized by prior acts of the General
Assembly. These
authorized obligations shall be issued, subject to
applicable
constitutional and statutory limitations, to pay
costs
of
capital
facilities as defined in section 154.01 of the Revised
Code for
mental hygiene and retardation.
Section 235.10.10. All items set forth in Sections 235.10.20 to 235.50.80
are
hereby appropriated out of any moneys in the state
treasury to
the
credit
of the Higher Education Improvement Fund
(Fund 034), that
are not otherwise appropriated.
Section 235.10.20. ETC ETECH OHIO
CAP-001 |
|
Educational TV and Radio Equipment |
|
$ |
1,000,000 |
CAP-003 |
|
ETC Ohio Government Telecomm |
|
$ |
310,000 |
Total eTech Ohio |
|
$ |
1,310,000 |
Section 235.10.30. BOARD OF REGENTS AND STATE INSTITUTIONS OF HIGHER EDUCATION
BOR BOARD OF REGENTS
CAP-025 |
|
Instructional and Data Processing Equipment |
|
$ |
23,783,697 |
CAP-029 |
|
Ohio Library and Information Network |
|
$ |
5,410,000 |
CAP-030 |
|
Ohio Supercomputer Center Expansion |
|
$ |
7,480,000 |
CAP-031 |
|
Ohio Aerospace Institute |
|
$ |
200,000 |
CAP-032 |
|
Research Facility Action and Investment Funds |
|
$ |
5,500,000 |
CAP-060 |
|
Technology Initiatives |
|
$ |
2,000,000 |
CAP-062 |
|
Non-credit Job Training Facilities |
|
$ |
2,350,000 |
CAP-068 |
|
Third Frontier Wright Capital |
|
$ |
50,000,000 |
CAP-070 |
|
Dark Fiber/OARnet |
|
$ |
4,950,000 |
CAP-082 |
|
Supplemental Renovations - Library Depositories |
|
$ |
2,000,000 |
CAP-083 |
|
Central State Supplement |
|
$ |
1,000,000 |
CAP-084 |
|
University Hospitals Ireland Cancer Center |
|
$ |
5,000,000 |
CAP-085 |
|
315 Research and Technology Corridor |
|
$ |
2,000,000 |
CAP-087 |
|
Youngstown Technology Center |
|
$ |
2,750,000 |
CAP-088 |
|
Cleveland Clinic-Glickman Tower |
|
$ |
1,000,000 |
CAP-089 |
|
MetroHealth Senior Health and Wellness Center |
|
$ |
1,000,000 |
CAP-090 |
|
Columbus Children's Hospital Amphitheater |
|
$ |
700,000 |
CAP-091 |
|
CWRU Mt. Sinai Skills and Simulation Center |
|
$ |
500,000 |
CAP-092 |
|
Shawnee State Motion Capture Studio Project |
|
$ |
281,300 |
CAP-093 |
|
Central Ohio Research Data Network-New Albany |
|
$ |
250,000 |
CAP-094 |
|
Clintonville Fiber Project |
|
$ |
100,000 |
Total Board of Regents |
|
$ |
118,254,997 |
Section 235.10.40. RESEARCH FACILITY ACTION AND INVESTMENT FUNDS
The foregoing appropriation item CAP-032, Research Facility
Action and
Investment Funds, shall be used for a program of grants
to be administered by
the Board of Regents to provide timely
availability of
capital facilities for research programs and
research-oriented instructional
programs at or involving
state-supported and state-assisted institutions of
higher
education.
Section 235.10.50. THIRD FRONTIER WRIGHT CAPITAL
The foregoing appropriation item CAP-068, Third Frontier Wright Capital, shall be used to acquire, renovate, or construct
facilities and purchase equipment for research programs, technology
development, product development, and commercialization programs
at or involving state-supported and state-assisted institutions of
higher education. The funds shall be used to make grants awarded
on a competitive basis, and shall be administered by the Third
Frontier Commission. Expenditure of these funds shall comply with
Section 2n of Article VIII, Ohio Constitution, and sections 151.01
and 151.04 of the Revised Code for the period beginning July 1,
2006, and ending June 30, 2008.
The Third Frontier Commission shall develop guidelines
relative to the application for and selection of projects funded
from appropriation item CAP-068, Third Frontier Wright Capital. The
Commission may develop these guidelines in consultation with other
interested parties. The Board of Regents and all state-assisted
and state-supported institutions of higher education shall take
all actions necessary to implement grants awarded by the Third
Frontier Commission.
The foregoing appropriation item CAP-068, Third Frontier Wright Capital, for which an appropriation is made from the Higher
Education Improvement Fund (Fund 034), is determined to consist of
capital improvements and capital facilities for state-supported
and state-assisted institutions of higher education, and is
designated for the capital facilities to which proceeds of
obligations in the Higher Education Improvement Fund (Fund 034)
are to be applied.
Section 235.10.60. REIMBURSEMENT FOR PROJECT COSTS
Appropriations made in Sections 235.10.10 to 235.50.80 of this act
for purposes of
costs of capital facilities for the interim
financing of which the particular
institution has previously
issued its own obligations anticipating the
possibility of future
state appropriations to pay all or a portion of such
costs, as
contemplated in division (B) of section 3345.12 of the Revised
Code,
shall be paid directly to the institution or the paying
agent for those
outstanding obligations in the full principal
amount of those obligations then
to be paid from the anticipated
appropriation, and shall be timely applied to
the retirement of a
like principal amount of the institution's obligations.
Appropriations made in Sections 235.10.10 to 235.50.80 of this act
for purposes of
costs of capital facilities, all or a portion of
which costs the particular
institution has paid from the
institution's moneys that were temporarily
available and which
expenditures were reasonably expected at the time of the advance by the institution to be reimbursed from
the
proceeds of obligations issued by the state, shall be directly
paid to the
institution in the full amounts of those payments, and
shall be timely applied
to the reimbursement of those temporarily
available moneys. All reimbursements are subject to review and approval through the capital release process.
Section 235.10.70. UAK UNIVERSITY OF AKRON
CAP-008 |
|
Basic Renovations |
|
$ |
6,260,392 |
CAP-047 |
|
Polsky Building Rehabilitation |
|
$ |
949,082 |
CAP-049 |
|
Basic Renovations-Wayne |
|
$ |
215,241 |
CAP-054 |
|
Auburn West Tower Rehabilitation Phase III |
|
$ |
6,026,253 |
CAP-119 |
|
Wayne College Renovations/Expansion |
|
$ |
709,805 |
CAP-121 |
|
Administration Building Phase II |
|
$ |
1,344,536 |
CAP-122 |
|
Polymer Processing Center Phase I |
|
$ |
4,935,457 |
CAP-123 |
|
Medina County University Center (UAK) |
|
$ |
1,500,000 |
CAP-124 |
|
Fuel Cell Project at University of Akron |
|
$ |
1,000,000 |
Total University of Akron |
|
$ |
22,940,766 |
Section 235.10.80. BGU BOWLING GREEN STATE UNIVERSITY
CAP-009 |
|
Basic Renovations |
|
$ |
4,746,508 |
CAP-060 |
|
Basic Renovations-Firelands |
|
$ |
351,961 |
CAP-127 |
|
Instructional Laboratory Phase II |
|
$ |
836,265 |
CAP-131 |
|
Health Center Addition |
|
$ |
9,750,000 |
CAP-132 |
|
Student Services Building Replacement |
|
$ |
8,100,000 |
CAP-133 |
|
BGSU Aviation Improvements |
|
$ |
500,000 |
Total Bowling Green University |
|
$ |
24,284,734 |
Section 235.10.90. CSU CENTRAL STATE UNIVERSITY
CAP-022 |
|
Basic Renovations |
|
$ |
1,182,374 |
CAP-084 |
|
Center for Education & Natural Sciences Phase II Construction |
|
$ |
6,023,789 |
Total Central State University |
|
$ |
7,206,163 |
Section 235.20.10. UCN UNIVERSITY OF CINCINNATI
CAP-009 |
|
Basic Renovations |
|
$ |
11,936,927 |
CAP-018 |
|
Basic Renovations-Clermont |
|
$ |
315,249 |
CAP-054 |
|
Raymond Walters Renovations |
|
$ |
568,630 |
CAP-205 |
|
Medical Science Building Renovation and Expansion (CARE) |
|
$ |
17,285,021 |
CAP-224 |
|
Van Wormer Renovation |
|
$ |
3,600,000 |
CAP-263 |
|
Swift Renovation |
|
$ |
2,540,000 |
CAP-313 |
|
Expand Clermont |
|
$ |
785,062 |
CAP-353 |
|
Zimmer Plaza/Auditorium Renovation |
|
$ |
3,600,000 |
CAP-354 |
|
RWC Technology Center |
|
$ |
1,534,608 |
CAP-355 |
|
Barrett Cancer Center |
|
$ |
2,500,000 |
CAP-356 |
|
Freestore Foodbank |
|
$ |
1,000,000 |
CAP-357 |
|
Sharonville Convention Center |
|
$ |
550,000 |
CAP-358 |
|
Hebrew Union College Archives Project |
|
$ |
350,000 |
CAP-359 |
|
Consolidated Communications Project of Clermont County |
|
$ |
300,000 |
CAP-360 |
|
People Working Cooperatively |
|
$ |
75,000 |
Total University of Cincinnati |
|
$ |
46,940,497 |
Section 235.20.20. CLS CLEVELAND STATE UNIVERSITY
CAP-023 |
|
Basic Renovations |
|
$ |
3,796,031 |
CAP-125 |
|
College of Education |
|
$ |
10,115,719 |
CAP-163 |
|
Anthropology Department Renovations/Relocation |
|
$ |
400,000 |
CAP-164 |
|
Chester Building Annex Demolition |
|
$ |
921,583 |
CAP-165 |
|
Bakers Building Renovations |
|
$ |
1,328,583 |
CAP-166 |
|
Playhouse Square Center - Hanna Theatre |
|
$ |
750,000 |
CAP-167 |
|
Cleveland State University Windtower Generator Project |
|
$ |
400,000 |
CAP-168 |
|
Kenston Wind Turbine Project in Geauga (CSU Engineering Department) |
|
$ |
300,000 |
Total Cleveland State University |
|
$ |
18,011,916 |
Section 235.20.30. KSU KENT STATE UNIVERSITY
CAP-022 |
|
Basic Renovations |
|
$ |
5,729,827 |
CAP-105 |
|
Basic Renovations-East Liverpool |
|
$ |
240,437 |
CAP-106 |
|
Basic Renovations-Geauga |
|
$ |
74,459 |
CAP-107 |
|
Basic Renovations-Salem |
|
$ |
167,621 |
CAP-108 |
|
Basic Renovations-Stark |
|
$ |
566,473 |
CAP-110 |
|
Basic Renovations-Ashtabula |
|
$ |
282,463 |
CAP-111 |
|
Basic Renovations-Trumbull |
|
$ |
552,348 |
CAP-112 |
|
Basic Renovations-Tuscarawas |
|
$ |
371,018 |
CAP-212 |
|
Health Science Building |
|
$ |
768,084 |
CAP-262 |
|
Gym Renovations, Construction Phase |
|
$ |
566,617 |
CAP-266 |
|
Fine & Performing Arts Center, Planning Phase |
|
$ |
911,738 |
CAP-277 |
|
Bowman Hall Chilled Water Plant |
|
$ |
2,250,000 |
CAP-278 |
|
Electrical Infrastructure Improvements |
|
$ |
808,800 |
CAP-279 |
|
Oscar Ritchie Hall Rehabilitation |
|
$ |
10,455,000 |
CAP-280 |
|
Taylor Hall Renovation, Phase I |
|
$ |
750,000 |
CAP-281 |
|
Music/Speech Center Renovation, Phase I |
|
$ |
1,262,807 |
CAP-282 |
|
Classroom Building Renovation, Phase I |
|
$ |
415,662 |
CAP-283 |
|
Classroom Addition/Renovation Planning |
|
$ |
279,901 |
CAP-284 |
|
Main Hall Science Lab/Nurse Addition |
|
$ |
1,165,436 |
CAP-285 |
|
Classroom Building Renovation |
|
$ |
640,399 |
CAP-286 |
|
Fire Alarm System Upgrade |
|
$ |
375,000 |
CAP-287 |
|
Blossom Music Center |
|
$ |
2,000,000 |
CAP-288 |
|
Columbiana County Port Authority Coal Liquification Project |
|
$ |
500,000 |
CAP-289 |
|
Kent State University - Hillel |
|
$ |
400,000 |
Total Kent State University |
|
$ |
31,534,090 |
Section 235.20.40. MUN MIAMI UNIVERSITY
CAP-018 |
|
Basic Renovations |
|
$ |
5,465,380 |
CAP-066 |
|
Basic Renovations - Hamilton |
|
$ |
595,995 |
CAP-069 |
|
Basic Renovations - Middletown |
|
$ |
546,243 |
CAP-160 |
|
Benton Hall Rehabilitation |
|
$ |
3,900,000 |
CAP-161 |
|
Kreger-Robertson Hall Renovation |
|
$ |
1,000,000 |
CAP-162 |
|
Richard T. Farmer School of Business |
|
$ |
3,000,000 |
CAP-163 |
|
Upham Hall North Wing Rehabilitation |
|
$ |
500,000 |
CAP-164 |
|
Warfield Hall Rehabilitation |
|
$ |
3,699,024 |
CAP-165 |
|
Pearson Hall Laboratories |
|
$ |
997,408 |
CAP-166 |
|
Academic/Administration & General Improvement Project |
|
$ |
1,153,217 |
CAP-167 |
|
Academic/Administration & Renovation Project |
|
$ |
1,526,909 |
Total Miami University |
|
$ |
22,384,176 |
Section 235.20.50. OSU OHIO STATE UNIVERSITY
CAP-074 |
|
Basic Renovations |
|
$ |
26,062,119 |
CAP-149 |
|
Basic Renovations - Regional Campuses |
|
$ |
4,777,451 |
CAP-255 |
|
Supplemental Renovations - OARDC |
|
$ |
829,170 |
CAP-534 |
|
Main Library Rehabilitation/Expansion |
|
$ |
50,841,261 |
CAP-736 |
|
Brown Hall Renovation/Replacement |
|
$ |
3,500,000 |
CAP-737 |
|
Hughes Hall Renovation |
|
$ |
1,500,000 |
CAP-738 |
|
COMPH Academic Center |
|
$ |
5,000,000 |
CAP-739 |
|
Murray Hall Renovation |
|
$ |
1,000,000 |
CAP-740 |
|
New Student Life Building |
|
$ |
1,000,000 |
CAP-741 |
|
Founders/Hopewell Hall Renovation |
|
$ |
1,960,080 |
CAP-742 |
|
Agricultural and Biological Engineering Building Renovation |
|
$ |
4,000,000 |
CAP-743 |
|
Selby Hall Phytotron Facility Renovation |
|
$ |
2,000,000 |
CAP-744 |
|
Stone Laboratory Research Facility Improvements |
|
$ |
500,000 |
CAP-745 |
|
OSU Extension Safety Improvements in Madison County |
|
$ |
94,000 |
CAP-746 |
|
Camp Clifton Improvements |
|
$ |
90,000 |
CAP-747 |
|
Delaware Speech & Hearing with OSU Medical College |
|
$ |
75,000 |
Total Ohio State University |
|
$ |
103,229,081 |
FEED MILL REPLACEMENT PROJECT
Notwithstanding anything to the contrary in sections 9.33, 123.01, and
3345.50 and Chapter 153. of the Revised Code, the Ohio State
University may negotiate, enter into, and locally administer a
contract that combines the design and construction elements of the project
into a single contract for the feed mill replacement project, funded with
appropriations in the foregoing appropriation item CAP-255, Supplemental Renovations - OARDC, including any reappropriation amount made to appropriation item CAP-492, OARDC Feed Mill, in Am. Sub. H.B. 530 of the 126th General Assembly.
Section 235.20.60. OHU OHIO UNIVERSITY
CAP-020 |
|
Basic Renovations |
|
$ |
7,091,427 |
CAP-095 |
|
Basic Renovations - Eastern |
|
$ |
257,411 |
CAP-098 |
|
Basic Renovations - Lancaster |
|
$ |
360,387 |
CAP-099 |
|
Basic Renovations - Zanesville |
|
$ |
328,368 |
CAP-113 |
|
Basic Renovations - Chillicothe |
|
$ |
305,706 |
CAP-114 |
|
Basic Renovations - Ironton |
|
$ |
259,241 |
CAP-216 |
|
Southern - Land Acquisition |
|
$ |
200,000 |
CAP-222 |
|
Clippinger Lab Rehabilitation Phase I |
|
$ |
1,000,000 |
CAP-223 |
|
Alden Library Rehabilitation Phase I |
|
$ |
1,000,000 |
CAP-224 |
|
University Center |
|
$ |
5,210,000 |
CAP-225 |
|
Lausche Heating Plant Phase III |
|
$ |
2,175,000 |
CAP-233 |
|
Integrated Learning and Research Facility |
|
$ |
1,431,170 |
CAP-234 |
|
Porter Hall Addition |
|
$ |
3,681,170 |
CAP-235 |
|
Supplemental Basic Renovations |
|
$ |
1,000,000 |
CAP-236 |
|
College of Communication Baker RTVC Redevelopment |
|
$ |
2,400,000 |
CAP-237 |
|
Shannon Hall Interior Renovation |
|
$ |
384,090 |
CAP-238 |
|
Ohio University Eastern Campus Health and Education Center |
|
$ |
200,157 |
CAP-239 |
|
Stevenson Student Service Area |
|
$ |
704,720 |
CAP-240 |
|
Shoemaker A/C Completion |
|
$ |
259,096 |
CAP-241 |
|
Proctorville Parking - Site Improvement |
|
$ |
200,000 |
CAP-242 |
|
Southern - Student Activity Office Renovation |
|
$ |
193,491 |
CAP-243 |
|
Lancaster Community Conference 7 Events Center |
|
$ |
954,647 |
CAP-244 |
|
Elson Hall 2nd Floor Renovation |
|
$ |
924,481 |
CAP-245 |
|
Road Widening and Campus Gate |
|
$ |
120,000 |
CAP-246 |
|
Ohio University Integrated Learning and Research Facility |
|
$ |
1,000,000 |
CAP-247 |
|
Ohio University Southern Ohio Proctorville Center Improvements |
|
$ |
90,000 |
Total Ohio University |
|
$ |
31,730,562 |
Section 235.20.70. SSC SHAWNEE STATE UNIVERSITY
CAP-004 |
|
Basic Renovations |
|
$ |
1,226,165 |
CAP-053 |
|
University Center Renovation |
|
$ |
1,726,006 |
Total Shawnee State University |
|
$ |
2,952,171 |
Section 235.20.80. UTO UNIVERSITY OF TOLEDO
CAP-010 |
|
Basic Renovations |
|
$ |
6,131,561 |
CAP-129 |
|
Science/Laboratory Building |
|
$ |
4,042,523 |
CAP-136 |
|
CBLE - Stranahan Hall Addition |
|
$ |
6,000,000 |
CAP-137 |
|
Chilled Water Plant Equipment |
|
$ |
1,756,000 |
CAP-138 |
|
Steam & Chilled Water Line Extension |
|
$ |
1,450,304 |
CAP-139 |
|
North Engineering Renovation |
|
$ |
1,000,000 |
CAP-140 |
|
Northwest Ohio Science & Technology Corridor |
|
$ |
1,000,000 |
Total University of Toledo |
|
$ |
21,380,388 |
Section 235.20.90. WSU WRIGHT STATE UNIVERSITY
CAP-015 |
|
Basic Renovations |
|
$ |
4,384,404 |
CAP-064 |
|
Basic Renovations - Lake |
|
$ |
137,381 |
CAP-119 |
|
Science Lab Renovations |
|
$ |
9,886,492 |
CAP-134 |
|
Lake Campus Rehabilitation |
|
$ |
478,906 |
CAP-135 |
|
Advanced Technical Intelligence Center (ATIC) |
|
$ |
2,500,000 |
CAP-136 |
|
Welcome Stadium Project |
|
$ |
1,600,000 |
CAP-137 |
|
Consolidated Communications Project of Greene County |
|
$ |
750,000 |
CAP-139 |
|
Glenn Helen Preserve Ecology Art Classroom |
|
$ |
15,000 |
Total Wright State University |
|
$ |
19,752,183 |
Section 235.30.10. YSU YOUNGSTOWN STATE UNIVERSITY
CAP-014 |
|
Basic Renovations |
|
$ |
3,841,621 |
CAP-125 |
|
Campus-wide Building Systems Upgrades |
|
$ |
1,950,000 |
CAP-133 |
|
Campus Development |
|
$ |
1,500,000 |
CAP-134 |
|
Instructional Space Upgrades |
|
$ |
900,000 |
CAP-135 |
|
College of Business |
|
$ |
6,224,834 |
Total Youngstown State University |
|
$ |
14,416,455 |
Section 235.30.20. MCO MEDICAL COLLEGE OF OHIO
CAP-010 |
|
Basic Renovations |
|
$ |
1,893,176 |
CAP-066 |
|
Core Research Facility Construction - Phase II |
|
$ |
1,800,720 |
CAP-078 |
|
Clinical/Academic Renovation |
|
$ |
900,350 |
CAP-081 |
|
Resource & Community Learning Center |
|
$ |
900,360 |
CAP-082 |
|
Campus Energy Plant - Phase I |
|
$ |
900,350 |
Total Medical College of Ohio |
|
$ |
6,394,956 |
Section 235.30.30. NEM NORTHEASTERN OHIO UNIVERSITIES COLLEGE OF MEDICINE
CAP-018 |
|
Basic Renovations |
|
$ |
679,957 |
CAP-048 |
|
Rehabilitation of Multi-Disciplinary Laboratories |
|
$ |
1,473,952 |
Total Northeastern Ohio Universities College of Medicine |
|
$ |
2,153,909 |
Section 235.30.40. CTC CINCINNATI STATE COMMUNITY COLLEGE
CAP-013 |
|
Basic Renovations |
|
$ |
1,449,887 |
CAP-039 |
|
Brick Repair and Weather Proofing |
|
$ |
225,359 |
CAP-040 |
|
Energy Management - Motor Replacement |
|
$ |
377,899 |
CAP-041 |
|
Roof Replacement |
|
$ |
661,573 |
CAP-042 |
|
Neighborhood Health Care |
|
$ |
175,000 |
Total Cincinnati State Community College |
|
$ |
2,889,718 |
Section 235.30.50. CLT CLARK STATE COMMUNITY COLLEGE
CAP-006 |
|
Basic Renovations |
|
$ |
628,411 |
CAP-041 |
|
Sarah T. Landess Technology and Learning Center |
|
$ |
146,313 |
CAP-045 |
|
Performing Arts Center Expansion |
|
$ |
970,607 |
CAP-046 |
|
Library Resource Center Addition |
|
$ |
300,000 |
CAP-047 |
|
Clark State Community College Facility Purchase |
|
$ |
150,000 |
CAP-048 |
|
Clark State Health and Education Center |
|
$ |
100,000 |
Total Clark State Community College |
|
$ |
2,295,331 |
Section 235.30.60. CTI COLUMBUS STATE COMMUNITY COLLEGE
CAP-006 |
|
Basic Renovations |
|
$ |
1,803,681 |
CAP-054 |
|
Renovations/Addition - Delaware Hall |
|
$ |
4,728,428 |
CAP-055 |
|
Planning Moneys for Building "F" |
|
$ |
1,310,554 |
Total Columbus State Community College |
|
$ |
7,842,663 |
Section 235.30.70. CCC CUYAHOGA COMMUNITY COLLEGE
CAP-031 |
|
Basic Renovations |
|
$ |
3,866,782 |
CAP-095 |
|
Collegewide Asset Protection and Building Codes Upgrade |
|
$ |
2,411,797 |
CAP-099 |
|
Hospitality Management Program |
|
$ |
4,000,000 |
CAP-100 |
|
Theater/Auditorium Renovations |
|
$ |
4,036,552 |
CAP-101 |
|
Nursing Clinical Simulation Center |
|
$ |
250,000 |
CAP-102 |
|
Rock and Roll Hall of Fame Archives |
|
$ |
200,000 |
Total Cuyahoga Community College |
|
$ |
14,765,131 |
Section 235.30.80. ESC EDISON STATE COMMUNITY COLLEGE
CAP-006 |
|
Basic Renovations |
|
$ |
422,154 |
CAP-023 |
|
Regional Centers of Excellence |
|
$ |
3,375,000 |
CAP-024 |
|
Edison State Community College Regional Center for Excellence |
|
$ |
250,000 |
Total Edison State Community College |
|
$ |
4,047,154 |
Section 235.30.90. JTC JEFFERSON COMMUNITY COLLEGE
CAP-022 |
|
Basic Renovations |
|
$ |
331,514 |
CAP-044 |
|
Second Floor Business & Industry Technical Center |
|
$ |
725,443 |
Total Jefferson Community College |
|
$ |
1,056,957 |
Section 235.40.10. LCC LAKELAND COMMUNITY COLLEGE
CAP-006 |
|
Basic Renovations |
|
$ |
1,302,992 |
CAP-045 |
|
Instructional Use/University Partnership Building |
|
$ |
2,433,264 |
Total Lakeland Community College |
|
$ |
3,736,256 |
Section 235.40.20. LOR LORAIN COMMUNITY COLLEGE
CAP-005 |
|
Basic Renovations |
|
$ |
1,432,562 |
CAP-045 |
|
HPER Rehabilitation |
|
$ |
2,645,970 |
Total Lorain Community College |
|
$ |
4,078,532 |
Section 235.40.30. NTC NORTHWEST STATE COMMUNITY COLLEGE
CAP-003 |
|
Basic Renovations |
|
$ |
417,030 |
Total Northwest State Community College |
|
$ |
417,030 |
Section 235.40.40. OTC OWENS COMMUNITY COLLEGE
CAP-019 |
|
Basic Renovations |
|
$ |
2,123,075 |
CAP-042 |
|
Campus Expansion - Penta Acquisition |
|
$ |
12,000,000 |
CAP-043 |
|
Center for Emergency Preparedness, Phase IV |
|
$ |
493,940 |
CAP-044 |
|
The Max Albon Center |
|
$ |
550,000 |
Total Owens Community College |
|
$ |
15,167,015 |
Section 235.40.50. RGC RIO GRANDE COMMUNITY COLLEGE
CAP-005 |
|
Basic Renovations |
|
$ |
548,241 |
Total Rio Grande Community College |
|
$ |
548,241 |
Section 235.40.60. SCC SINCLAIR COMMUNITY COLLEGE
CAP-007 |
|
Basic Renovations |
|
$ |
2,863,978 |
CAP-062 |
|
Consolidated Communications Project - Montgomery |
|
$ |
1,500,000 |
Total Sinclair Community College |
|
$ |
4,363,978 |
Section 235.40.70. SOC SOUTHERN STATE COMMUNITY COLLEGE
CAP-010 |
|
Basic Renovations |
|
$ |
428,025 |
CAP-027 |
|
Southern State Community College Laboratory and Classroom Building |
|
$ |
1,000,000 |
Total Southern State Community College |
|
$ |
1,428,025 |
Section 235.40.80. TTC TERRA STATE COMMUNITY COLLEGE
CAP-009 |
|
Basic Renovations |
|
$ |
442,291 |
Total Terra State Community College |
|
$ |
442,291 |
Section 235.40.90. WTC WASHINGTON STATE COMMUNITY COLLEGE
CAP-006 |
|
Basic Renovations |
|
$ |
385,546 |
CAP-021 |
|
Washington State Community College Health Sciences Center |
|
$ |
350,000 |
CAP-022 |
|
Washington State Community College Center for Higher Education |
|
$ |
25,000 |
Total Washington State Community College |
|
$ |
760,546 |
Section 235.50.10. BTC BELMONT TECHNICAL COLLEGE
CAP-008 |
|
Basic Renovations |
|
$ |
309,432 |
Total Belmont Technical College |
|
$ |
309,432 |
Section 235.50.20. COT CENTRAL OHIO TECHNICAL COLLEGE
CAP-003 |
|
Basic Renovations |
|
$ |
333,331 |
CAP-015 |
|
Founders/Hopewell Hall Renovation |
|
$ |
1,538,362 |
CAP-016 |
|
Roscoe Village Inn Renovation |
|
$ |
500,000 |
Total Central Ohio Technical College |
|
$ |
2,371,693 |
Section 235.50.30. HTC HOCKING TECHNICAL COLLEGE
CAP-019 |
|
Basic Renovations |
|
$ |
693,603 |
CAP-042 |
|
McClenaghan Center for Hospitality Training |
|
$ |
1,838,986 |
Total Hocking Technical College |
|
$ |
2,532,589 |
Section 235.50.40. LTC JAMES RHODES STATE COLLEGE
CAP-004 |
|
Basic Renovations |
|
$ |
431,960 |
CAP-018 |
|
Community Union |
|
$ |
1,045,625 |
Total James Rhodes State College |
|
$ |
1,477,585 |
Section 235.50.50. MTC MARION TECHNICAL COLLEGE
CAP-004 |
|
Basic Renovations |
|
$ |
166,413 |
CAP-013 |
|
Classroom/Student Resource Center |
|
$ |
3,500,000 |
Total Marion Technical College |
|
$ |
3,666,413 |
Section 235.50.60. MAT ZANE STATE COLLEGE
CAP-007 |
|
Basic Renovations |
|
$ |
402,714 |
CAP-023 |
|
Willet-Pratt Center Expansion |
|
$ |
750,000 |
Total Zane State College |
|
$ |
1,152,714 |
Section 235.50.70. NCC NORTH CENTRAL TECHNICAL COLLEGE
CAP-003 |
|
Basic Renovations |
|
$ |
515,249 |
CAP-016 |
|
Health Sciences Center Rehabilitation |
|
$ |
1,035,150 |
CAP-017 |
|
Kehoe Center Rehabilitation |
|
$ |
419,655 |
Total North Central Technical College |
|
$ |
1,970,054 |
Section 235.50.80. STC STARK TECHNICAL COLLEGE
CAP-004 |
|
Basic Renovations |
|
$ |
277,804 |
CAP-039 |
|
Health & Science Building |
|
$ |
5,097,338 |
Total Stark Technical College |
|
$ |
5,375,142 |
Total Board of Regents and |
|
|
|
Institutions of Higher Education |
|
$ |
576,261,534 |
TOTAL Higher Education Improvement Fund |
|
$ |
577,571,534 |
Section 235.50.90. DEBT SERVICE FORMULA ALLOCATION
Based on the foregoing appropriations in Sections
235.10.70 to 235.50.80
of
this act, from
Fund 034, Higher Education
Improvement
Fund, the following higher education
institutions
shall be
responsible for the specified amounts as part of the
debt
service
component of the instructional subsidy beginning in fiscal
year
2008:
INSTITUTION |
|
|
AMOUNT
|
University of Akron |
|
$ |
13,255,328 |
University of Akron - Wayne |
|
$ |
709,805 |
Bowling Green State University |
|
$ |
17,300,000 |
Bowling Green State University - Firelands |
|
$ |
836,265 |
Central State University |
|
$ |
2,023,789 |
University of Cincinnati |
|
$ |
27,025,021 |
University of Cincinnati - Clermont |
|
$ |
785,062 |
University of Cincinnati - Walters |
|
$ |
1,534,608 |
Cleveland State University |
|
$ |
11,437,302 |
Kent State University |
|
$ |
15,526,607 |
Kent State University - Ashtabula |
|
$ |
768,084 |
Kent State University - East Liverpool |
|
$ |
415,662 |
Kent State University - Geauga |
|
$ |
279,901 |
Kent State University - Salem |
|
$ |
566,617 |
Kent State University - Stark |
|
$ |
1,165,436 |
Kent State University - Trumbull |
|
$ |
1,015,399 |
Kent State University - Tuscarawas |
|
$ |
911,738 |
Miami University |
|
$ |
13,096,432 |
Miami University - Hamilton |
|
$ |
1,153,217 |
Miami University - Middletown |
|
$ |
1,526,909 |
Ohio State University |
|
$ |
61,841,261 |
Ohio State University - Lima |
|
$ |
1,000,000 |
Ohio State University - Newark |
|
$ |
1,960,080 |
Ohio State University - OARDC |
|
$ |
6,829,170 |
Ohio University |
|
$ |
17,897,340 |
Ohio University - Eastern |
|
$ |
584,247 |
Ohio University - Chillicothe |
|
$ |
963,816 |
Ohio University - Southern |
|
$ |
593,491 |
Ohio University - Lancaster |
|
$ |
890,535 |
Ohio University - Zanesville |
|
$ |
1,044,481 |
Shawnee State University |
|
$ |
1,726,006 |
University of Toledo |
|
$ |
14,248,827 |
Wright State University |
|
$ |
9,886,492 |
Wright State University - Lake |
|
$ |
478,906 |
Youngstown State University |
|
$ |
10,574,834 |
Medical University of Ohio |
|
$ |
4,501,780 |
Northeastern Ohio Universities College of Medicine |
|
$ |
1,473,952 |
Cincinnati State Community College |
|
$ |
1,145,659 |
Clark State Community College |
|
$ |
1,416,920 |
Columbus State Community College |
|
$ |
6,038,982 |
Cuyahoga Community College |
|
$ |
10,448,349 |
Edison State Community College |
|
$ |
3,375,000 |
Jefferson Community College |
|
$ |
725,443 |
Lakeland Community College |
|
$ |
2,766,142 |
Lorain County Community College |
|
$ |
2,645,970 |
Central Ohio Technical College |
|
$ |
1,538,362 |
Hocking Technical College |
|
$ |
1,838,986 |
James Rhodes State Technical College |
|
$ |
1,045,625 |
Zane State College |
|
$ |
757,271 |
North Central Technical College |
|
$ |
1,354,805 |
Stark Technical College |
|
$ |
1,871,379 |
Institutions not listed above shall not have a debt service
obligation as
a result of these appropriations.
Within sixty days after the effective date of this section,
any institution of
higher education may notify the Board of
Regents of its intention not to
proceed with any project
appropriated in this act. Upon receiving such
notification, the
Board of Regents may release the institution from its debt
service
obligation for the specific project.
Section 235.60.10. For all of the foregoing appropriation items
from the Higher
Education Improvement Fund (Fund 034) that require
local funds to be
contributed by any state-supported or
state-assisted institution of higher
education, the Ohio Board of
Regents shall not recommend that any funds be
released until the
recipient institution demonstrates to the Board of Regents
and the
Office of Budget and Management that the local funds contribution
requirement has been secured or satisfied. The local funds shall
be in
addition to the foregoing appropriations.
Section 235.60.20. The Ohio Public Facilities Commission is
hereby authorized to
issue and sell,
in accordance with Section 2n
of Article VIII, Ohio
Constitution, and
Chapter 151. and particularly
sections 151.01 and 151.04 of the
Revised Code, original
obligations in an
aggregate principal
amount not to exceed
$572,000,000,
in addition to the original
issuance of obligations
heretofore authorized by prior acts of the
General Assembly. These
authorized obligations shall be issued,
subject to applicable
constitutional and statutory limitations, to
pay costs of capital
facilities as defined in sections 151.01 and
151.04 of the Revised
Code for state-supported and state-assisted
institutions of higher
education.
Section 235.60.30. None of the foregoing capital improvements
appropriations for
state-supported or state-assisted institutions
of higher education shall be
expended until the particular
appropriation has been recommended for release
by the Ohio Board
of Regents and released by the Director of Budget and
Management
or the Controlling Board. Either the institution concerned, or
the Ohio
Board of Regents with the concurrence of the institution
concerned, may
initiate the request to the Director of Budget and
Management or the
Controlling Board for the release of the
particular appropriations.
Section 235.60.40. (A) No capital improvement appropriations made in
Sections 235.10.10 to 235.50.80 of this act
shall be
released for
planning
or for
improvement, renovation, construction,
or acquisition of
capital
facilities if the institution of higher
education or the
state
does not own
the real property on which the
capital
facilities are
or will be located.
This restriction does
not
apply in any of the
following circumstances:
(1) The institution has a long-term (at least fifteen years)
lease of, or
other interest (such as an easement) in, the real
property.
(2) The Ohio Board of Regents certifies to the Controlling
Board that undue
delay will occur if planning does not proceed
while the property or property
interest acquisition process
continues. In this case, funds may be released
upon approval of
the Controlling Board to pay for planning through the
development
of schematic drawings only.
(3) In the case of an appropriation for capital facilities
that,
because of their unique
nature or location, will be owned or
will
be part of facilities owned by a
separate nonprofit
organization
or public body and will be made available to
the
institution of
higher education for its use, the nonprofit
organization or
public
body either owns or has a long-term (at
least fifteen years) lease
of
the real property or other capital
facility to be improved,
renovated,
constructed, or acquired and
has entered into a joint
or cooperative use
agreement with the
institution of higher
education that meets the requirements
of
division (C) of this
section.
(B) Any foregoing appropriations which require cooperation
between a
technical college and a branch campus of a university
may be
released by the Controlling Board upon recommendation by
the Ohio Board of
Regents that the facilities proposed by the
institutions are:
(1) The result of a joint planning effort by the university
and the technical
college, satisfactory to the Ohio Board of
Regents;
(2) Facilities that will meet the needs of the region in
terms of technical
and general education, taking into
consideration the totality of facilities
that will be available
after the completion of the projects;
(3) Planned to permit maximum joint use by the university
and technical
college of the totality of facilities that will be
available upon their completion; and
(4) To be located on or adjacent to the branch campus of the
university.
(C) The Ohio Board of Regents shall adopt rules regarding
the release of
moneys from all the foregoing appropriations for
capital facilities for all
state-supported or state-assisted
institutions of higher education. In the case of capital
facilities referred to in division (A)(3) of this section, the
joint or cooperative use agreements shall
include, as a minimum,
provisions that:
(1) Specify the extent
and nature of that joint or
cooperative use, extending for not
fewer than fifteen years, with
the value of such use or right to use to be, as is determined
by the parties and approved by the Board of Regents, reasonably
related to the amount of
the
appropriations;
(2) Provide for pro rata reimbursement to the state should
the arrangement
for joint or cooperative use be terminated;
(3) Provide that procedures to be followed during the
capital improvement
process will comply with appropriate
applicable state laws and rules,
including the provisions of this act;
and
(4) Provide for payment or reimbursement to the institution
of its
administrative costs incurred as a result of the facilities
project, not to
exceed 1.5 per cent of the appropriated amount.
(D) Upon the recommendation of the Ohio Board of Regents,
the Controlling
Board may approve the transfer of appropriations
for projects requiring
cooperation between institutions from one
institution to another institution
with the approval of both
institutions.
(E) Notwithstanding section 127.14 of the Revised Code, the
Controlling
Board,
upon the recommendation of the Ohio Board of
Regents, may transfer amounts
appropriated to the Ohio Board of
Regents to accounts of state-supported or
state-assisted
institutions created for that same purpose.
Section 235.60.50. The requirements of Chapters 123. and 153. of
the Revised Code,
with respect
to the powers and duties of the
Director of Administrative Services, and the
requirements of
section 127.16 of the Revised Code, with respect to the
Controlling Board, do not apply to projects of community
college districts, which include Cuyahoga Community College,
Jefferson Community College, Lakeland Community College, Lorain Community College, Rio Grande Community College, and
Sinclair Community College; and technical college districts, which
include Belmont Technical College, Central Ohio Technical College,
Hocking Technical College, James Rhodes State College, Marion
Technical College, Zane State College, North Central
Technical College, and Stark Technical College.
Section 235.60.60. Those institutions locally administering
capital improvement
projects pursuant to section 3345.50 of the
Revised Code may:
(A) Establish charges
for recovering costs directly
related
to project administration as defined by
the Director of
Administrative Services. The Department of Administrative
Services shall review and approve these administrative charges
when the
charges are in excess of 1.5 per cent of the total
construction budget.
(B) Seek reimbursement from state capital appropriations to
the institution for the in-house design services performed by the
institution for the capital projects. Acceptable charges are
limited to design document preparation work that is done by the
institution. These reimbursable design costs shall be shown as
"A/E fees" within the project's budget that is submitted to the
Controlling Board or the Director of Budget and Management as
part
of a request for release of funds. The reimbursement for
in-house
design shall not exceed seven per cent of the estimated
construction cost.
Section 237.10. All items set forth in this section are hereby
appropriated out
of any moneys in the state treasury to the credit
of the Parks and Recreation
Improvement Fund (Fund 035), that are
not otherwise appropriated.
DNR DEPARTMENT OF NATURAL RESOURCES
CAP-012 |
|
Land Acquisition - Statewide |
|
$ |
500,000 |
CAP-169 |
|
Lake White State Park - Dam Rehabilitation |
|
$ |
5,500,000 |
CAP-390 |
|
State Park Maintenance Facility Development - Middle Bass Island State Park Mitigation Costs |
|
$ |
2,000,000 |
CAP-701 |
|
Buckeye Lake State Park - Dam Rehabilitation |
|
$ |
4,000,000 |
CAP-702 |
|
Upgrade Underground Fuel Storage Tanks - Statewide |
|
$ |
250,000 |
CAP-716 |
|
Muskingum River Parkway - Locks and Dam Rehabilitation |
|
$ |
1,000,000 |
CAP-748 |
|
Local Parks Projects |
|
$ |
16,076,700 |
CAP-753 |
|
Project Planning |
|
$ |
250,000 |
CAP-836 |
|
State Park Renovations/Upgrading - Dillon Environmental Restoration Project (Corps Grant Match) |
|
$ |
600,000 |
CAP-876 |
|
Statewide Trails Program |
|
$ |
6,030,000 |
CAP-881 |
|
Dam Rehabilitation - Parks |
|
$ |
1,017,600 |
CAP-929 |
|
Hazardous Waste/Asbestos Abatement - Statewide |
|
$ |
150,000 |
CAP-931 |
|
Statewide Wastewater/Water Systems Upgrade |
|
$ |
2,500,000 |
Total Department of Natural Resources |
|
$ |
39,874,300 |
TOTAL Parks and Recreation Improvement Fund |
|
$ |
39,874,300 |
All reimbursements received from the federal government for
any expenditures
made pursuant to this section shall be deposited
in the state treasury to the
credit of the Parks and Recreation
Improvement Fund (Fund 035).
Of the foregoing appropriation item CAP-748, Local Parks Projects, $2,000,000 shall be used for the Center City Park in Springfield; $1,200,000 shall be used for the Cincinnati Zoo; $1,000,000 shall be used for the East Bank/Flats Project; $1,000,000 shall be used for the Scioto Mile; $1,500,000 shall be used for the Franklin Park Conservatory; $1,000,000 shall be used for Kroc Community Park Improvements; $640,000 shall be used for the Cuyahoga River Corridor Glens Park; $540,000 shall be used for Tar Hollow State Park Improvements; $515,000 shall be used for the Cleveland Zoo; $400,000 shall be used for the Hi-Y; $300,000 shall be used for the Colerain Township Heritage Park; $300,000 shall be used for the Columbus Zoo; $300,000 shall be used for the Fremont Park and Athletic Facilities; $250,000 shall be used for the Gahanna South Flood Plain Project; $250,000 shall be used for the Sippo Lake Park/Canal Way; $250,000 shall be used for Van Buren State Park Land Acquisitions; $250,000 shall be used for the City of Wellston Veterans Park; $250,000 shall be used for the City of Jackson Bike Path; $250,000 shall be used for Cambridge Park Improvements; $250,000 shall be used for the Brunswick Nature Preserve; $200,000 shall be used for North Royalton Recreational Park Improvements; $200,000 shall be used for Harrison Village Historical Society-Phoenix Park Museum; $200,000 shall be used for Ault Park Improvements; $200,000 shall be used for Indian Lake State Park Dredging Improvements; $200,000 shall be used for the Belmont Carnes Center; $191,000 shall be used for Deerfield Township Simpson Creek Erosion Mitigation and Bank Control; $185,000 shall be used for the City of Wilmington Park Upgrades/Tennis Courts; $175,700 shall be used for the Georgetown Community Tennis Park; $170,000 shall be used for Violet Township Park Land Acquisition; $150,000 shall be used for Kelly's Island Park Improvements; $150,000 shall be used for Ironton Port Authority Green Space Acquisition; $150,000 shall be used for Perry Township Camp Improvements; $122,000 shall be used for Sandusky Plains Environmental Nature Preserve; $100,000 shall be used for Mountain Bike Park/Midtown Cleveland; $100,000 shall be used for Delhi Park Veteran's Memorial Wall; $100,000 shall be used for The Mentor Lagoons Nature Preserve; $100,000 shall be used for the Chester Township Park; $100,000 shall be used for Thompson Park Renovations in East Liverpool; $75,000 shall be used for Perry Township Park; $75,000 shall be used for Hocking River Park Complex of Athens County; $69,000 shall be used for Miami Erie Canal Repairs in Spencerville; $65,000 shall be used for Star Mill Skate Park Improvements; $60,000 shall be used for Marseilles Reservoir Bulk Head Project; $50,000 shall be used for Beavercreek/John Aekeney Soccer Field and Park; $50,000 shall be used for the Beavercreek Community Athletic Association Facility and Park Upgrade; $50,000 shall be used for the Delaware Skate Park; $50,000 shall be used for the Columbus Zoo Education Center; $50,000 shall be used for Dillon State Park Upgrades; $50,000 shall be used for Indian Lake State Park Shoreline Improvements; $40,000 shall be used for Athens Village of Glouster Park Improvements; $30,000 shall be used for Harold Miller Memorial Park Improvements; $25,000 shall be used for Geauga Veterans Monument Park Improvements; $25,000 shall be used for the Conesville Community Children's Park; $25,000 shall be used for the Cambridge Skate Park; $19,000 shall be used for East Fork State Park-Harsha Lake Dock Improvements; $10,000 shall be used for the Marine Corps League Park/Monument; $10,000 shall be used for Huntington Township Park Improvements; $5,000 shall be used for Morgan County Bicentennial Park; and $5,000 shall be used for the Galion Memorial Veterans Park.
Of the foregoing appropriation item CAP-876, Statewide Trails, $2,000,000 shall be used for the Ohio to Erie Trail Metroparks; $1,900,000 shall be used for the Cuyahoga Towpath Trail; $500,000 shall be used for Henry County Park and Bike Trails; $400,000 shall be used for the Prairie Grass Trail; $330,000 shall be used for the Williamsburg/Batavia Hike and Bike Trail; $200,000 shall be used for the Xenia-Jamestown Connector Trail Project; $100,000 shall be used for Tri-County Triangle Trail Funding; and $100,000 shall be used for the Trumbull Bike Trail.
Section 237.20. For the appropriations in Section 237.10 of this act, the Department of Natural Resources shall periodically prepare and submit to the Director of Budget and Management the estimated design, planning, and engineering costs of capital-related work to be done by the Department of Natural Resources for each project. Based on the estimates, the Director of Budget and Management may release appropriations from the foregoing appropriation item CAP-753, Project Planning, within the Parks and Recreation Improvement Fund (Fund 035), to pay for design, planning, and engineering costs incurred by the Department of Natural Resources for the projects. Upon release of the appropriations by the Director of Budget and Management, the Department of Natural Resources shall pay for these expenses from the Parks Capital Expenses Fund (Fund 227), and shall be reimbursed from the Parks and Recreation Improvement Fund (Fund 035) using an intrastate voucher.
Section 237.30. The Treasurer of State is hereby authorized
to
issue and sell,
in accordance with Section 2i
of Article VIII,
Ohio
Constitution, and Chapter 154. of the
Revised Code,
particularly section
154.22 of the Revised Code,
original
obligations
in an aggregate principal
amount not to
exceed
$39,000,000, in addition to the original issuance of
obligations
heretofore authorized by prior acts of the General
Assembly. These
authorized obligations shall be issued, subject to
applicable
constitutional and statutory limitations, to pay
the
costs of
capital facilities for parks and recreation as defined in section 154.01 of the
Revised
Code.
Section 237.40. (A) No capital improvement appropriations
made in Section 237.10 of this act shall be released for planning
or
for improvement,
renovation, or construction
or acquisition of
capital facilities if a governmental agency, as defined in
section
154.01 of the Revised Code, does not own the real property that
constitutes the capital facilities or on which the capital
facilities are or
will be located. This restriction does not
apply in any of the following
circumstances:
(1) The governmental agency has a long-term (at least
fifteen years) lease
of, or other interest (such as an easement)
in, the real property.
(2) In the case of an appropriation for capital facilities
for parks and
recreation that, because of their unique nature or
location, will be owned or
be part of facilities owned by a
separate nonprofit organization and made
available to the
governmental agency for its use or operated by the nonprofit
organization under contract with the governmental agency, the
nonprofit
organization either owns or has a long-term (at least
fifteen years) lease of
the real property or other capital
facility to be improved, renovated,
constructed, or acquired and
has entered into a joint or cooperative use
agreement, approved by
the Department of Natural Resources, with the
governmental agency
for that agency's use of and right to use the capital
facilities
to be financed and, if applicable, improved, the value of such use
or right to use being, as determined by the parties, reasonably
related to the
amount of the appropriation.
(B) In the case of capital facilities referred to in
division (A)(2) of this
section, the joint or cooperative use
agreement shall include, as a minimum,
provisions that:
(1) Specify the extent and nature of that joint or
cooperative use, extending
for not fewer than fifteen years, with
the value of such use or right to use to
be, as determined by the
parties and approved by the approving department,
reasonably
related to the amount of the appropriation;
(2) Provide for pro rata reimbursement to the state should
the arrangement
for joint or cooperative use by a governmental
agency be terminated; and
(3) Provide that procedures to be followed during the
capital improvement
process will comply with appropriate
applicable state laws and rules,
including the provisions of this act.
Section 239.10. All items set forth in this section are hereby appropriated out of any moneys in the state treasury to the credit of the State Capital Improvements Fund (Fund 038), that are not otherwise appropriated.
PWC PUBLIC WORKS COMMISSION
CAP-150 |
|
Local Public Infrastructure |
|
$ |
120,000,000 |
Total Public Works Commission |
|
$ |
120,000,000 |
TOTAL State Capital Improvements Fund |
|
$ |
120,000,000 |
The foregoing appropriation item CAP-150, Local Public Infrastructure, shall be used in accordance with sections 164.01 to 164.12 of the Revised Code. The Director of the Public Works Commission may certify to the Director of Budget and Management that a need exists to appropriate investment earnings to be used in accordance with sections 164.01 to 164.12 of the Revised Code. If the Director of Budget and Management determines pursuant to division (D) of section 164.08 and section 164.12 of the Revised Code that investment earnings are available to support additional appropriations, such amounts are hereby appropriated.
If the Public Works Commission receives refunds due to project overpayments that are discovered during a post-project audit, the Director of the Public Works Commission may certify to the Director of Budget and Management that refunds have been received. In certifying the refunds, the Director of the Public Works Commission shall provide the Director of Budget and Management information on the project refunds. The certification shall detail by project the source and amount of project overpayments received and include any supporting documentation required or requested by the Director of Budget and Management. Upon receipt of the certification, the Director of Budget and Management shall determine if the project refunds are necessary to support existing appropriations. If the project refunds are available to support additional appropriations, these amounts are hereby appropriated to appropriation item CAP-151, Revolving Loan.
Section 239.20. The Ohio Public Facilities Commission is hereby authorized to issue and sell, in accordance with Sections 2m and 2p of Article VIII, Ohio Constitution, and sections 151.01 and 151.08 of the Revised Code, original obligations of the state, in an aggregate principal amount not to exceed $120,000,000, in addition to the original obligations heretofore authorized by prior acts of the General Assembly. These authorized obligations shall be issued and sold from time to time and in amounts necessary to ensure sufficient moneys to the credit of the State Capital Improvements Fund (Fund 038) to pay costs charged to that fund, as estimated by the Director of Budget and Management.
Section 301.10. Notwithstanding any provision of law to the contrary, the Director of Budget and Management, with the written concurrence of the Director of Public Safety, may transfer cash temporarily from the Highway Safety Fund (Fund 036) to the Highway Safety Building Fund (Fund 025), and the cash may be used to fund projects previously appropriated by acts of the general assembly. The transfers shall be made for the purpose of providing cash to support appropriations or encumbrances that exist upon the effective date of this section. At such time as obligations are issued for Highway Safety Building Fund projects, the Director of Budget and Management shall transfer from the Highway Safety Building Fund to the Highway Safety Fund any amounts originally transferred to the Highway Safety Building Fund under this section.
Section 303.10. CERTIFICATION OF AVAILABILITY OF MONEYS
No moneys that require release may be expended from any
appropriation
contained in this act without
certification of the
Director of Budget and Management that there are
sufficient moneys
in the state treasury in the fund from which the
appropriation is
made. The certification shall be based on estimates of revenue,
receipts, and
expenses.
Nothing in this section shall be construed as a
limitation on
the authority of the
Director of Budget and
Management under section 126.07 of the Revised
Code.
Section 303.20. LIMITATION ON USE OF CAPITAL APPROPRIATIONS
The appropriations made in this act, excluding those made to the State Capital Improvement Fund (Fund 038) and the State Capital Improvements Revolving Loan Fund (Fund 040) for buildings or structures, including remodeling and renovations, are limited to:
(A) Acquisition of real property or interests in real property;
(B) Buildings and structures, which includes construction, demolition, complete heating, lighting and lighting fixtures, all necessary utilities, and ventilating, plumbing, sprinkling, and sewer systems, when such systems are authorized or necessary;
(C) Architectural, engineering, and professional services expenses directly related to the projects;
(D) Machinery that is a part of structures at the time of initial acquisition or construction;
(E) Acquisition, development, and deployment of new computer systems, including the redevelopment or integration of existing and new computer systems, but excluding regular or ongoing maintenance or support agreements;
(F) Equipment that meets all the following criteria:
(1) The equipment is essential in bringing the facility up to its intended use;
(2) The unit cost of the equipment, and not the individual parts of a unit, is about $100 or more;
(3) The equipment has a useful life of five years or more;
(4) The equipment is necessary for the functioning of the particular facility or project.
No equipment shall be paid for from these appropriations that is not an integral part of or directly related to the basic purpose or function of a project for which moneys are appropriated. This paragraph does not apply to appropriation items for equipment.
Section 303.30. CONTINGENCY RESERVE REQUIREMENT
Any request for release of capital
appropriations by the
Director of Budget and Management or the
Controlling Board of
capital appropriations for projects, the
contracts for which are
awarded by the Department of
Administrative Services, shall
contain a
contingency reserve, the amount of which shall be
determined by
the Department of Administrative Services, for
payment of
unanticipated project expenses. Any amount deducted
from the
encumbrance for a contractor's contract as an assessment
for
liquidated damages shall be added to the encumbrance for the
contingency reserve. Contingency reserve funds shall be used to
pay costs resulting from unanticipated job conditions, to comply
with rulings regarding building and other codes, to pay costs
related to errors or omissions in contract documents, to pay costs
associated with changes in the scope of work, and to pay
the cost
of settlements and judgments related to the project.
Any funds remaining upon completion of a project may, upon
approval of the Controlling Board, be
released for the use of the
institution to which the
appropriation
was made for other capital
facilities
projects.
Section 305.10.
SATISFACTION OF JUDGMENTS AND SETTLEMENTS
AGAINST THE STATE
Except as otherwise provided in this section, an
appropriation in this act or any other act may be used
for the
purpose
of satisfying judgments, settlements, or
administrative
awards
ordered or approved by the Court of Claims
or by any other
court
of competent jurisdiction in connection with
civil actions
against
the state. This authorization does not
apply to
appropriations to
be applied to or used for payment of
guarantees
by or on behalf of
the state, or for payments under lease
agreements relating to or debt service on
bonds, notes, or other
obligations of the state.
Notwithstanding any other
section of law
to the contrary, this
authorization includes
appropriations from
funds into which proceeds or direct obligations of the state are
deposited
only to the extent that
the judgment, settlement, or
administrative award is for or
represents capital costs for which
the appropriation may otherwise
be used and is consistent with the
purpose for which any related
obligations were issued or entered
into. Nothing
contained in this section is
intended to subject
the state
to suit in any forum in which it is
not otherwise
subject to suit,
and it is not intended to waive or
compromise any
defense or right
available to the state in any suit
against it.
Section 307.10. CAPITAL RELEASES BY THE DIRECTOR OF BUDGET AND
MANAGEMENT
Notwithstanding section 126.14 of the Revised
Code,
appropriations
for appropriation item
CAP-003, Community-Based
Correctional Facilities,
appropriated
from the Adult Correctional Building Fund (Fund 027)
to the
Department of Rehabilitation and Correction shall be
released upon
the written approval of the Director of Budget and
Management. The
appropriations from the Public School Building
Fund (Fund 021)
and
the School Building Program Assistance Fund (Fund
032) to the
School Facilities Commission, from the
Clean Ohio Conservation Fund (Fund 056), the State Capital
Improvement Fund (Fund 038), and the State Capital Improvements
Revolving Loan Fund (Fund 040) to the Public Works Commission
shall be released upon presentation
of a request to release the
funds, by the agency to which the
appropriation
has been made, to
the Director of Budget and
Management.
Section 309.10. PREVAILING WAGE REQUIREMENT
Except as provided in section 4115.04 of the
Revised Code, no
moneys appropriated or reappropriated by
the
126th General
Assembly shall be used for the construction of
public
improvements, as defined in section 4115.03 of the Revised
Code,
unless the mechanics, laborers, or workers engaged therein
are
paid the prevailing rate of wages as prescribed in section
4115.04
of the Revised Code. Nothing in this section shall
affect
the
wages and salaries established for state employees
under the
provisions of Chapter 124. of the Revised Code, or
collective
bargaining agreements entered into by the state
pursuant to
Chapter 4117. of the Revised Code, while engaged on
force account
work, nor shall this section interfere with the use
of inmate and
patient labor by the state.
Section 311.10. CAPITAL FACILITIES LEASES
Capital facilities for which appropriations are made from the Highway Safety Building Fund (Fund 025), the Administrative Building Fund (Fund 026), the Adult Correctional Building Fund (Fund 027), and the Juvenile Correctional Building Fund (Fund 028) may be leased by the Ohio Building Authority to the Department of Public Safety, the Department of Youth Services, the Department of Administrative Services, and the Department of Rehabilitation and Correction, and other agreements may be made by the Ohio Building Authority and the departments with respect to the use or purchase of the capital facilities, or subject to the approval of the director of the department or the commission, the Ohio Building Authority may lease the capital facilities to, and make other agreements with respect to the use or purchase of the capital facilities with, any governmental agency or nonprofit corporation having authority under law to own, lease, or operate the capital facilities. The director of the department or the commission may sublease the capital facilities to, and make other agreements with respect to the use or purchase of the capital facilities with, any such governmental agency or nonprofit corporation, which agreements may include provisions for transmittal of receipts of the agency or nonprofit corporation of any charges for the use of the facilities, all upon such terms and conditions as the parties may agree upon and subject to any other provision of law affecting the leasing, acquisition, or disposition of capital facilities by the parties.
Section 313.10. AUTHORIZATION OF THE DIRECTOR OF BUDGET AND MANAGEMENT
The Director of Budget and Management shall authorize both of the following:
(A) The initial release of moneys for projects from the funds into which proceeds of direct obligations of the state are deposited;
(B) The expenditure or encumbrance of moneys from funds into which proceeds of direct obligations are deposited, but only after determining to the director's satisfaction that either of the following applies:
(1) The application of the moneys to the particular project will not negatively affect any exemption or exclusion from federal income tax of the interest or interest equivalent on obligations issued to provide moneys to the particular fund.
(2) Moneys for the project will come from the proceeds of obligations, the interest on which is not so excluded or exempt and which have been authorized as "taxable obligations" by the issuing authority.
The director shall report any nonrelease of moneys pursuant to this section to the Governor, the presiding officer of each house of the General Assembly, and the agency for the use of which the project is intended.
Section 315.10. SCHOOL FACILITIES ENCUMBRANCES AND
REAPPROPRIATION
At the request of the Executive Director of the Ohio School
Facilities Commission, the Director of Budget and Management may
cancel encumbrances for school district projects from a previous
biennium if the district has not raised its local share of project
costs within one year after receiving Controlling Board approval in
accordance with section 3318.05 of the Revised Code. The
Executive
Director of the Ohio School Facilities Commission shall
certify
the amounts of these canceled encumbrances to the Director
of
Budget and Management on a quarterly basis. The amounts of the
canceled encumbrances are hereby appropriated.
Section 317.10. CERTIFICATE OF NEED REQUIREMENT
No appropriation for a health care facility
authorized under
this act may be released until the requirements
of sections
3702.51 to 3702.68 of the Revised Code have been met.
Section 319.10. DISTRIBUTION OF PROCEEDS FROM ASBESTOS
ABATEMENT
LITIGATION
All proceeds received by the state as a result
of litigation,
judgments, settlements, or claims, filed by or on
behalf of any
state agency, as defined by section 1.60 of the
Revised Code, or
state-supported or state-assisted institution of
higher education,
for damages or costs resulting from the use,
removal, or hazard
abatement of asbestos materials shall be
deposited in the Asbestos
Abatement Distribution Fund (Fund 674). All funds
deposited into
the Asbestos Abatement Distribution Fund are hereby appropriated
to the Attorney General. To the
extent
practicable, the proceeds
placed in the Asbestos Abatement
Distribution Fund shall be
divided among the state agencies and
state-supported or
state-assisted institutions of higher
education
in accordance with
the general provisions of the
litigation
regarding the percentage
of recovery. Distribution
of the
proceeds to each state agency
or state-supported or
state-assisted
institution of higher
education shall be made in
accordance with
the Asbestos Abatement
Distribution Plan to be
developed by the
Attorney General, the
General Services
Division within the
Department of Administrative
Services, and the Office
of Budget
and Management.
In those circumstances where asbestos litigation proceeds
are
for reimbursement of expenditures made with funds outside the
state treasury or damages to buildings not constructed with state
appropriations, direct payments shall be made to the affected
institutions of higher education. Any proceeds received for
reimbursement of expenditures made with funds within the state
treasury or damages to buildings occupied by state agencies shall
be distributed to the affected agencies with an intrastate
transfer voucher to the funds identified in the Asbestos
Abatement
Distribution Plan.
These proceeds shall be used for additional asbestos
abatement
or encapsulation projects, or for other capital
improvements,
except that proceeds distributed to the General
Revenue Fund and
other funds that are not bond improvement funds
may be used for
any purpose. The Controlling Board may, for bond
improvement
funds, create appropriation items or increase
appropriation
authority in existing appropriation items equaling the amount of
the proceeds. The amounts approved by the Controlling Board
are
hereby appropriated. The proceeds deposited in bond
improvement
funds shall not be expended until released by the
Controlling
Board, which shall require certification by the
Director of Budget
and Management that the proceeds are
sufficient and available to
fund the additional anticipated
expenditures.
Section 321.10. OBLIGATIONS ISSUED UNDER CHAPTER 151. OF THE REVISED CODE
The capital improvements for which appropriations are made in this act from the Third Frontier Research and Development Fund (Fund 011), the Job Ready Site Development Fund (Fund 012), the Ohio Parks and Natural Resources Fund (Fund 031), the School Building Program Assistance Fund (Fund 032), the Higher Education Improvement Fund (Fund 034), the State Capital Improvements Fund (Fund 038), the Clean Ohio Conservation Fund (Fund 056), the Clean Ohio Agricultural Easement Fund (Fund 057), and the Clean Ohio Trail Fund (Fund 061) are determined to be capital improvements and capital facilities for research and development, preparation of sites, natural resources, a statewide system of common schools, state-supported and state-assisted institutions of higher education, local subdivision capital improvement projects, and conservation purposes (under the Clean Ohio Program) and are designated as capital facilities to which proceeds of obligations issued under Chapter 151. of the Revised Code are to be applied.
Section 321.20. OBLIGATIONS ISSUED UNDER CHAPTER 152. OF THE REVISED CODE
The capital improvements for which appropriations are made in this act from the Highway Safety Building Fund (Fund 025), the Administrative Building Fund (Fund 026), the Adult Correctional Building Fund (Fund 027), the Juvenile Correctional Building Fund (Fund 028), and the Transportation Building Fund (Fund 029) are determined to be capital improvements and capital facilities for housing state agencies and branches of state government and are designated as capital facilities to which proceeds of obligations issued under Chapter 152. of the Revised Code are to be applied.
Section 321.30. OBLIGATIONS ISSUED UNDER CHAPTER 154. OF THE REVISED CODE
The capital improvements for which appropriations are made in this act from the Cultural and Sports Facilities Building Fund (Fund 030), the Mental Health Facilities Improvement Fund (Fund 033), and the Parks and Recreation Improvement Fund (Fund 035) are determined to be capital improvements and capital facilities for housing state agencies and branches of government, mental hygiene and retardation, and parks and recreation and are designated as capital facilities to which proceeds of obligations issued under Chapter 154. of the Revised Code are to be applied.
Section 323.10. TRANSFER OF OPEN ENCUMBRANCES
Upon the request of the agency to which a
capital project
appropriation item is appropriated, the Director
of
Budget and
Management may transfer open encumbrance amounts
between
separate
encumbrances for the project appropriation item
to the extent
that
any reductions in encumbrances are agreed to by
the
contracting
vendor and the agency.
Section 325.10. LITIGATION PROCEEDS TO THE ADMINISTRATIVE
BUILDING FUND
Any proceeds received by the state
as the
result of
litigation or a settlement agreement related to
any
liability for
the planning, design, engineering, construction,
or
construction
management of facilities operated by the
Department of
Administrative Services shall be deposited into the Administrative
Building Fund
(Fund 026).
Section 327.10. COAL RESEARCH AND DEVELOPMENT BONDS
The Ohio Public Facilities Commission, upon the request of the Director of the Ohio Coal Development Office with the advice of the Technical Advisory Committee created in section 1551.35 of the Revised Code and with the approval of the Director of the Air Quality Development Authority, is hereby authorized to issue and sell, in accordance with Section 15 of Article VIII, Ohio Constitution, and Chapter 151. of the Revised Code, and particularly sections 151.01 and 151.07 and other applicable sections of the Revised Code, bonds or other obligations of the state heretofore authorized by prior acts of the General Assembly. The obligations shall be issued, subject to applicable constitutional and statutory limitations, to provide sufficient moneys to the credit of the Coal Research and Development Fund created in section 1555.15 of the Revised Code to pay costs charged to the fund when due as estimated by the Director of the Ohio Coal Development Office.
Section 329.10. OHIO ADMINISTRATIVE KNOWLEDGE SYSTEM PROJECT
The Ohio Administrative Knowledge System (OAKS) shall be an
enterprise resource planning system that replaces the state's
central services infrastructure systems, including the Central
Accounting System, the Human Resources/Payroll System, the Capital
Improvements Projects Tracking System, the Fixed Assets Management
System, and the Procurement System. The Department of
Administrative Services, in conjunction with the Office of Budget
and Management, may acquire the system, including, but not limited
to, the enterprise resource planning
software and installation and
implementation thereof pursuant to
Chapter 125. of the Revised
Code. Any lease-purchase arrangement
utilized under Chapter 125.
of the Revised Code, including any fractionalized interest therein as defined in division (N) of section 133.01 of the Revised Code, shall provide at
the end of the lease period
that OAKS shall become the property of
the state.
Section 331.10. Sections 201.10 to 239.20 of this act shall
remain in
full force and effect commencing on July 1, 2006,
and
terminating on June 30, 2008, for the purpose of drawing money
from the state treasury in payment of liabilities lawfully
incurred under those sections, and on June 30, 2008, and not before, the
moneys hereby appropriated shall lapse into the funds from which
they are severally appropriated. Because if, under Section 1c of Article II, Ohio
Constitution, Sections 201.10 to 239.20 of
this
act do not take effect until after July 1, 2006, Sections
201.10 to 239.20 of this act shall be
and remain in full force and
effect
commencing on that later
effective date.
Section 401.10. That Sections 203.12.06, 203.24, 203.57, 203.81, 206.33, 206.66.06, 209.54, 209.63.30, and 209.93 of Am. Sub. H.B. 66 of the 126th General Assembly be amended to read as follows:
Sec. 203.12.06. OHIO BUILDING AUTHORITY
The foregoing appropriation item 100-447, OBA - Building Rent
Payments, shall be used to meet all payments at the times they are
required to be made during the period from July 1, 2005, to June
30, 2007, by the Department of Administrative Services to the Ohio
Building Authority pursuant to leases and agreements under Chapter
152. of the Revised Code, but limited to the aggregate amount of
$231,831,700. These appropriations are the source of funds pledged for bond service charges on obligations issued pursuant to Chapter 152. of the Revised Code.
The foregoing appropriation item 100-448, OBA -
Building Operating Payments, shall be used to meet all payments at
the times that they are required to be made during the period from
July 1, 2005, to June 30, 2007, by the Department of
Administrative Services to the Ohio Building Authority pursuant to
leases and agreements under Chapter 152. of the Revised Code, but
limited to the aggregate amount of $51,040,433.
The payments to the Ohio Building Authority are for the
purpose of paying the expenses of the Ohio Building Authority and the agencies that occupy space in
the various state facilities. The Department of Administrative
Services may enter into leases and agreements with the Ohio
Building Authority providing for the payment of these expenses.
The Ohio Building Authority shall report to the Department of
Administrative Services and the Office of Budget and Management
not later than five months after the start of a fiscal year the
actual expenses incurred by the Ohio Building Authority in
operating the facilities and any balances remaining from payments
and rentals received in the prior fiscal year. The Department of
Administrative Services shall reduce subsequent payments by the
amount of the balance reported to it by the Ohio Building
Authority.
Sec. 203.24. AGR DEPARTMENT OF AGRICULTURE
GRF |
700-321 |
|
Operating Expenses |
|
$ |
2,605,330 |
|
$ |
2,605,330 |
GRF |
700-401 |
|
Animal Disease Control |
|
$ |
3,574,506 |
|
$ |
3,574,506 |
GRF |
700-403 |
|
Dairy Division |
|
$ |
1,304,504 |
|
$ |
1,304,504 |
GRF |
700-404 |
|
Ohio Proud |
|
$ |
185,395 |
|
$ |
185,395 |
GRF |
700-405 |
|
Animal Damage Control |
|
$ |
60,000 |
|
$ |
60,000 |
GRF |
700-406 |
|
Consumer Analytical Lab |
|
$ |
819,907 |
|
$ |
819,907 |
GRF |
700-407 |
|
Food Safety |
|
$ |
939,099 |
|
$ |
939,099 |
GRF |
700-409 |
|
Farmland Preservation |
|
$ |
241,573 |
|
$ |
241,573 |
GRF |
700-410 |
|
Plant Industry |
|
$ |
391,216 |
|
$ |
50,000 |
GRF |
700-411 |
|
International Trade and Market Development |
|
$ |
617,524 |
|
$ |
517,524 |
GRF |
700-412 |
|
Weights and Measures |
|
$ |
1,100,000 |
|
$ |
1,300,000 |
GRF |
700-413 |
|
Gypsy Moth Prevention |
|
$ |
200,000 |
|
$ |
200,000 |
GRF |
700-415 |
|
Poultry Inspection |
|
$ |
325,000 |
|
$ |
325,000 |
GRF |
700-418 |
|
Livestock Regulation Program |
|
$ |
1,428,496 |
|
$ |
1,428,496 |
GRF |
700-422 |
|
Emergency Preparedness Supplies and Equipment |
|
$ |
0 |
|
$ |
634,000 |
GRF |
700-424 |
|
Livestock Testing and Inspections |
|
$ |
115,946 |
|
$ |
115,946 |
GRF |
700-499 |
|
Meat Inspection Program - State Share |
|
$ |
4,696,889 |
|
$ |
4,696,889 |
GRF |
700-501 |
|
County Agricultural Societies |
|
$ |
358,226 |
|
$ |
358,226 |
TOTAL GRF General Revenue Fund |
|
$ |
18,963,611 |
|
$ |
18,722,395 |
|
|
|
|
|
|
19,356,395 |
Federal Special Revenue Fund Group
3J4 |
700-607 |
|
Indirect Cost |
|
$ |
1,500,027 |
|
$ |
1,500,027 |
3R2 |
700-614 |
|
Federal Plant Industry |
|
$ |
4,800,000 |
|
$ |
4,800,000 |
326 |
700-618 |
|
Meat Inspection Program - Federal Share |
|
$ |
5,201,291 |
|
$ |
5,201,291 |
336 |
700-617 |
|
Ohio Farm Loan Revolving Fund |
|
$ |
43,793 |
|
$ |
44,679 |
382 |
700-601 |
|
Cooperative Contracts |
|
$ |
4,300,000 |
|
$ |
4,300,000 |
TOTAL FED Federal Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
15,845,111 |
|
$ |
15,845,997 |
State Special Revenue Fund Group
4C9 |
700-605 |
|
Feed, Fertilizer, Seed, and Lime Inspection |
|
$ |
1,922,857 |
|
$ |
1,891,395 |
4D2 |
700-609 |
|
Auction Education |
|
$ |
23,885 |
|
$ |
24,601 |
4E4 |
700-606 |
|
Utility Radiological Safety |
|
$ |
73,059 |
|
$ |
73,059 |
4P7 |
700-610 |
|
Food Safety Inspection |
|
$ |
816,096 |
|
$ |
858,096 |
4R0 |
700-636 |
|
Ohio Proud Marketing |
|
$ |
38,300 |
|
$ |
38,300 |
4R2 |
700-637 |
|
Dairy Industry Inspection |
|
$ |
1,541,466 |
|
$ |
1,621,460 |
4T6 |
700-611 |
|
Poultry and Meat Inspection |
|
$ |
47,294 |
|
$ |
47,294 |
4T7 |
700-613 |
|
International Trade and Market Development |
|
$ |
52,000 |
|
$ |
54,000 |
494 |
700-612 |
|
Agricultural Commodity Marketing Program |
|
$ |
170,220 |
|
$ |
170,220 |
496 |
700-626 |
|
Ohio Grape Industries |
|
$ |
1,071,099 |
|
$ |
1,071,054 |
497 |
700-627 |
|
Commodity Handlers Regulatory Program |
|
$ |
515,820 |
|
$ |
529,978 |
5B8 |
700-629 |
|
Auctioneers |
|
$ |
365,390 |
|
$ |
365,390 |
5H2 |
700-608 |
|
Metrology Lab and Scale Certification |
|
$ |
351,526 |
|
$ |
362,526 |
5L8 |
700-604 |
|
Livestock Management Program |
|
$ |
30,000 |
|
$ |
30,000 |
578 |
700-620 |
|
Ride Inspection Fees |
|
$ |
1,105,436 |
|
$ |
1,115,436 |
652 |
700-634 |
|
Animal Health and Food Safety |
|
$ |
1,876,624 |
|
$ |
1,831,232 |
669 |
700-635 |
|
Pesticide Program |
|
$ |
2,993,232 |
|
$ |
3,354,448 |
TOTAL SSR State Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
12,994,304 |
|
$ |
13,438,489 |
057 |
700-632 |
|
Clean Ohio Agricultural Easement |
|
$ |
149,000 |
|
$ |
149,000 |
TOTAL CLR Clean Ohio Fund Group |
|
$ |
149,000 |
|
$ |
149,000 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
47,952,026 |
|
$ |
48,155,881 |
|
|
|
|
|
|
48,789,881 |
OHIO - ISRAEL AGRICULTURAL INITIATIVE
Of the foregoing General Revenue Fund appropriation item 700-411, International Trade and Market Development, $100,000 shall be used in fiscal year 2006 for the Ohio - Israel Agricultural Initiative.
EMERGENCY PREPAREDNESS SUPPLIES AND EQUIPMENT
The foregoing appropriation item 700-422, Emergency Preparedness Supplies and Equipment, may only be used for purchasing items contained within a plan that has been submitted to and approved by the Controlling Board.
Notwithstanding Chapter 166. of the Revised Code, up to $1,000,000 in each fiscal year shall be transferred from moneys in the Facilities Establishment Fund (Fund 037) to the Family Farm Loan Fund (Fund 5H1) in the Department of Development. These moneys shall be used for loan guarantees. The transfer is subject to Controlling Board approval.
Financial assistance from the Family Farm Loan Fund (Fund 5H1) shall be repaid to Fund 5H1. This fund is established in accordance with sections 166.031, 901.80, 901.81, 901.82, and 901.83 of the Revised Code.
When the Family Farm Loan Fund (Fund 5H1) ceases to exist, all outstanding balances, all loan repayments, and any other outstanding obligations shall revert to the Facilities Establishment Fund (Fund 037).
CASH TRANSFER TO COOPERATIVE CONTRACTS FUND
On the effective date of this amendment, or as soon as possible thereafter, the Director of Budget and Management may transfer $111,668.76 in cash from the General Revenue Fund to the Cooperative Contracts Fund (Fund 382) to correct wire transfers to the Department of Agriculture that were mistakenly deposited in the General Revenue Fund.
Sec. 203.57. OBM OFFICE OF BUDGET AND MANAGEMENT
GRF |
042-321 |
|
Budget Development and Implementation |
|
$ |
2,143,886 |
|
$ |
2,143,886 |
GRF |
042-410 |
|
National Association Dues |
|
$ |
27,089 |
|
$ |
28,173 |
GRF |
042-412 |
|
Audit of Auditor of State |
|
$ |
55,900 |
|
$ |
58,700 |
GRF |
042-435 |
|
Gubernatorial Transition |
|
$ |
0 |
|
$ |
250,000 |
TOTAL GRF General Revenue Fund |
|
$ |
2,226,875 |
|
$ |
2,480,759 |
General Services Fund Group
105 |
042-603 |
|
Accounting and Budgeting |
|
$ |
9,781,085 |
|
$ |
9,976,689 |
TOTAL GSF General Services Fund Group |
|
$ |
9,781,085 |
|
$ |
9,976,689 |
State Special Revenue Fund Group
5N4 |
042-602 |
|
OAKS Project Implementation |
|
$ |
2,262,441 |
|
$ |
2,272,595 |
TOTAL SSR State Special Revenue Fund Group |
|
$ |
2,262,441 |
|
$ |
2,272,595 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
14,270,401 |
|
$ |
14,730,043 |
Of the foregoing appropriation item 042-603, Accounting and Budgeting, not more than $420,000 in fiscal year 2006 and
$425,000
in fiscal year 2007 shall be used to pay for centralized
audit
costs associated with either Single Audit Schedules or
financial statements prepared in conformance with generally
accepted accounting principles for the state.
OAKS PROJECT IMPLEMENTATION
Notwithstanding section 126.25 of the Revised Code, in fiscal years 2006 and 2007, rebates or revenue shares received from any state payment card program established under division (B) of section 126.21 of the Revised Code may be deposited into the OAKS Project Implementation Fund (Fund 5N4).
MEDICAID AGENCY TRANSITION
Upon the transfer of appropriations to GRF appropriation item 042-416, Medicaid Agency Transition, the Director of Budget and Management may retain staff of the Medicaid Administrative Study Council, hire staff, enter into contracts, and take other steps necessary to complete the transition tasks identified in the Medicaid Administrative Study Council report or other tasks considered necessary to create a new Department of Medicaid. Any contracts entered into under this paragraph shall be exempt from the authority and supervision of the Department of Administrative Services and the Office of Information Technology.
Sec. 203.81. CEB CONTROLLING BOARD
GRF |
911-401 |
|
Emergency Purposes/Contingencies |
|
$ |
5,000,000 |
|
$ |
5,000,000 8,000,000 |
GRF |
911-404 |
|
Mandate Assistance |
|
$ |
650,000 |
|
$ |
650,000 |
GRF |
911-441 |
|
Ballot Advertising Costs |
|
$ |
300,000 |
|
$ |
300,000 |
TOTAL GRF General Revenue Fund |
|
$ |
5,950,000 |
|
$ |
5,950,000 8,950,000 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
5,950,000 |
|
$ |
5,950,000 8,950,000 |
In transferring appropriations to or from appropriation
items
that have federal shares identified in
this act Am. Sub. H.B. 66 of the 126th General Assembly, the
Controlling
Board shall add or
subtract corresponding amounts of federal
matching funds at the
percentages indicated by the state and
federal division of the
appropriations in
this act Am. Sub. H.B. 66 of the 126th General Assembly.
Such
changes
are hereby appropriated.
Pursuant to requests submitted by the Department of Public
Safety, the Controlling Board may approve transfers from appropriation item 911-401, Emergency Purposes/Contingencies, to Department of Public Safety appropriation items to provide funding for assistance
to political subdivisions and individuals made necessary by natural disasters or
emergencies. Such transfers may be requested and approved prior to or following
the occurrence of any specific natural disasters or emergencies in
order to facilitate the provision of timely assistance.
Pursuant to requests submitted by the Department of Public Safety, the Controlling Board may approve transfers from the Disaster Services Fund (5E2) to a Department of Public Safety General Revenue Fund appropriation item to provide for assistance to political subdivisions made necessary by natural disasters or emergencies. These transfers may be requested and approved prior to the occurrence of any specific natural disasters or emergencies in order to facilitate the provision of timely assistance. The Emergency Management Agency of the Department of Public Safety shall use the funding for disaster aid requests that meet the Emergency Management Agency's criteria for assistance.
The Disaster Services Fund (5E2) shall be used by the Controlling Board, pursuant to requests submitted by state agencies, to transfer cash and appropriation authority to any fund and appropriation item for the payment of state agency program expenses as follows:
(A) The Southern Ohio flooding, referred to as FEMA-DR-1164-OH;
(B) The flood and storm disaster referred to as FEMA-DR-1227-OH;
(C) The Southern Ohio flooding, referred to as FEMA-DR-1321-OH;
(D) The flooding referred to as FEMA-DR-1339-OH;
(E) The tornado and storms referred to as FEMA-DR-1343-OH;
(F) Other disasters declared by the Governor, if the Director of Budget and Management determines that sufficient funds exist beyond the expected program costs of these other disasters.
The unencumbered balance of the Disaster Services Fund (5E2) at the end of fiscal year 2006 is transferred to fiscal year 2007 for use for the same purposes as in fiscal year 2006.
SOUTHERN OHIO CORRECTIONAL FACILITY COST
The Division of Criminal Justice Services in the Department of Public Safety and the Public
Defender Commission may each request, upon approval of the
Director of Budget and Management, additional funds from appropriation item 911-401, Emergency Purposes/Contingencies, for costs related to the disturbance that
occurred on April 11, 1993, at the Southern Ohio Correctional
Facility in Lucasville, Ohio.
(A) The foregoing appropriation item 911-404, Mandate
Assistance, shall be used to provide financial assistance to
local
units of government and school districts for
the cost of the following two unfunded state
mandates:
(1) The cost to county prosecutors for prosecuting certain
felonies that occur on the grounds of state institutions
operated
by the Department of Rehabilitation and Correction and
the
Department of Youth Services;
(2) The cost to school districts of in-service training for
child abuse detection.
(B) The Division of Criminal
Justice Services in the Department of Public Safety and the Department of Education may prepare
and
submit to the Controlling Board one or more requests to
transfer
appropriations from appropriation item 911-404, Mandate
Assistance.
The
state
agencies charged with this administrative
responsibility are
listed below, as well as the estimated annual
amounts that may be used for each
program
of state financial
assistance.
|
|
ADMINISTERING |
|
ESTIMATED ANNUAL |
PROGRAM |
|
AGENCY |
|
AMOUNT |
Prosecution Costs |
|
Division of Criminal |
|
$150,000 |
|
|
Justice Services |
|
|
Child Abuse Detection Training Costs |
|
Department of Education |
|
$500,000 |
(C) Subject to the total amount appropriated in each fiscal
year
for appropriation item 911-404, Mandate Assistance, the Division of Criminal Justice Services in the Department of Public Safety
and the Department of Education may request from the Controlling
Board that
amounts
smaller or larger than these estimated annual
amounts be
transferred to each program.
(D) In addition to making the initial transfers requested by
the Division of Criminal Justice
Services in the Department of Public Safety and the Department of Education, the Controlling Board
may transfer appropriations received by a state
agency
under this
section back to appropriation item 911-404, Mandate
Assistance, or
to the other program of state
financial assistance
identified under this section.
(E) It is expected that not all costs incurred by local
units of
government and school districts under
each of
the two programs of state financial assistance
identified in
this section will be fully reimbursed by the
state. Reimbursement levels may
vary by program and shall be
based on:
the relationship between the appropriation transfers
requested
by the Division of Criminal
Justice Services in the Department of Public Safety and the Department of Education and provided by
the Controlling Board
for each
of the programs; the rules and
procedures established for
each
program by the administering state
agency;
and the actual costs incurred by local units of
government and school
districts.
(F) Each of these programs of state financial assistance
shall be
carried out as follows:
(a) Appropriations may be transferred to the Division of
Criminal
Justice Services in the Department of Public Safety to cover local prosecution costs for
aggravated
murder, murder, felonies of the first degree, and
felonies of
the second degree that occur on the grounds of
institutions
operated by the Department of Rehabilitation and
Correction and
the Department of Youth Services.
(b) Upon a delinquency filing in juvenile court or the
return of
an indictment for aggravated murder, murder, or any
felony of
the first or second degree that was committed at a
Department of
Youth Services or a Department of Rehabilitation and
Correction
institution, the affected county may, in accordance
with rules
that the Division of Criminal Justice Services in the Department of Public Safety shall
adopt, apply to the Division
of Criminal Justice Services for a
grant to
cover all documented costs that are incurred by the
county
prosecutor's office.
(c) Twice each year, the Division of Criminal Justice Services in the Department of Public Safety
shall designate
counties to
receive grants from those counties
that have submitted one or
more applications in compliance with
the rules that have been
adopted by the Division of Criminal Justice
Services for the receipt of such
grants. In each
year's first
round of grant awards, if sufficient
appropriations have been
made, up to a total of $100,000
may be awarded. In each year's
second round of grant
awards, the remaining appropriations
available for this purpose
may be awarded.
(d) If for a given round of grants there are insufficient
appropriations to make grant awards to all the eligible
counties,
the first priority shall be given to counties with
cases involving
aggravated murder and murder; second priority
shall be given to counties with
cases involving a felony of the first
degree; and third priority
shall be given to counties with cases involving a
felony of the second degree.
Within these priorities, the grant
awards shall be based on the
order in which the applications
were received, except that
applications for cases involving a
felony of the first or second
degree shall not be considered in
more than two consecutive rounds
of grant awards.
(2) CHILD ABUSE DETECTION TRAINING COSTS
Appropriations may be transferred to the Department of
Education
for disbursement to local school districts as full or
partial
reimbursement for the cost of providing in-service
training for
child abuse detection. In accordance with rules that
the
department shall adopt, a local school district may apply to
the
department for a grant to cover all documented costs that are
incurred to provide in-service training for child abuse
detection.
The department shall make grants within the limits of
the funding
provided.
(G) Any moneys allocated within appropriation item 911-404,
Mandate Assistance, not fully utilized may, upon application
of
the Ohio Public Defender Commission, and with the approval
of the
Controlling
Board, be disbursed to boards of
county
commissioners
to provide additional reimbursement for the costs incurred by counties in providing defense to indigent defendants pursuant to Chapter 120. of the Revised Code. Application for the unutilized funds shall be made by the Ohio Public Defender Commission at the first June meeting of the Controlling Board.
The
amount to be disbursed to each
county shall be allocated
proportionately on the basis of the total amount of reimbursement paid to each county as a percentage of the amount of reimbursement paid to all of the counties during the most recent state fiscal year for which data is available and as calculated by the Ohio Public Defender Commission.
Pursuant to requests submitted by the Ohio Ballot Board, the
Controlling Board
shall approve transfers from the foregoing
appropriation item 911-441, Ballot
Advertising Costs, to an Ohio
Ballot Board appropriation item in order to reimburse
county
boards of
elections for the cost of public notices associated with
statewide
ballot initiatives.
Sec. 206.33. ETH OHIO ETHICS COMMISSION
GRF |
146-321 |
|
Operating Expenses |
|
$ |
1,536,213 |
|
$ |
1,536,213 1,742,213 |
TOTAL GRF General Revenue Fund |
|
$ |
1,536,213 |
|
$ |
1,536,213 1,742,213 |
General Services Fund Group
4M6 |
146-601 |
|
Operating Expenses |
|
$ |
502,543 |
|
$ |
432,543 |
TOTAL GSF General Services |
|
|
|
|
|
|
Fund Group |
|
$ |
502,543 |
|
$ |
432,543 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
2,038,756 |
|
$ |
1,968,756 2,174,756 |
Of the foregoing GRF appropriation item 146-321, Operating Expenses, in fiscal year 2007 $56,000 shall be used to complete the Financial Disclosure Database, and in addition to amounts already designated for investigative services, an additional $150,000 shall be used for that purpose.
Sec. 206.66.06. GOVERNOR'S OFFICE OF FAITH-BASED AND COMMUNITY INITIATIVES
Of the foregoing appropriation item 600-321, Support Services, up to $312,500 per fiscal year may be used to support the activities of the Governor's Office of Faith-Based and Community Initiatives.
MEDICAID ADMINISTRATIVE STUDY COUNCIL FUNDING
Of the foregoing appropriation item 600-321, Support Services, $1,000,000 in fiscal year 2006 and $500,000 in fiscal year 2007 shall be provided to the Medicaid Administrative Study Council to carry out the duties of the Council as specified under the section of this act Am. Sub. H.B. 66 of the 126th General Assembly entitled "MEDICAID ADMINISTRATIVE STUDY COUNCIL."
MEDICAID AGENCY TRANSITION
The Director of Budget and Management may transfer in the Department of Job and Family Services up to $1,000,000 in appropriations from GRF appropriation item 600-321, Support Services, to newly created GRF appropriation item 042-416, Medicaid Agency Transition, in the Office of Budget and Management. The amount transferred is hereby appropriated. The funds shall be administered by the Office of Budget and Management and shall be used as specified in Section 203.57 of Am. Sub. H.B. 66 of the 126th General Assembly as amended by this act.
Sec. 209.54. PUC PUBLIC UTILITIES COMMISSION OF OHIO
General Services Fund Group
5F6 |
870-622 |
|
Utility and Railroad Regulation |
|
$ |
31,272,222 |
|
$ |
31,272,223 |
5F6 |
870-624 |
|
NARUC/NRRI Subsidy |
|
$ |
167,233 |
|
$ |
167,233 |
5F6 |
870-625 |
|
Motor Transportation Regulation |
|
$ |
5,361,239 |
|
$ |
5,361,238 |
TOTAL GSF General Services |
|
|
|
|
|
|
Fund Group |
|
$ |
36,800,694 |
|
$ |
36,800,694 |
Federal Special Revenue Fund Group
3V3 |
870-604 |
|
Commercial Vehicle Information Systems/Networks |
|
$ |
300,000 |
|
$ |
300,000 |
333 |
870-601 |
|
Gas Pipeline Safety |
|
$ |
597,957 |
|
$ |
597,957 |
350 |
870-608 |
|
Motor Carrier Safety |
|
$ |
7,027,712 |
|
$ |
7,027,712 |
TOTAL FED Federal Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
7,925,669 |
|
$ |
7,925,669 |
State Special Revenue Fund Group
4A3 |
870-614 |
|
Grade Crossing Protection Devices-State |
|
$ |
1,349,757 |
|
$ |
1,349,757 |
4L8 |
870-617 |
|
Pipeline Safety-State |
|
$ |
187,621 |
|
$ |
187,621 |
4S6 |
870-618 |
|
Hazardous Material Registration |
|
$ |
464,325 |
|
$ |
464,325 |
4S6 |
870-621 |
|
Hazardous Materials Base State Registration |
|
$ |
373,346 |
|
$ |
373,346 |
4U8 |
870-620 |
|
Civil Forfeitures |
|
$ |
284,986 |
|
$ |
284,986 |
5BP |
870-623 |
|
Wireless 911 9-1-1 Administration |
|
$ |
650,000 |
|
$ |
375,000 |
559 |
870-605 |
|
Public Utilities Territorial Administration |
|
$ |
4,000 |
|
$ |
4,000 |
560 |
870-607 |
|
Special Assessment |
|
$ |
100,000 |
|
$ |
100,000 |
561 |
870-606 |
|
Power Siting Board |
|
$ |
337,210 |
|
$ |
337,210 |
638 |
870-611 |
|
Biomass Energy Program |
|
$ |
40,000 |
|
$ |
40,000 |
661 |
870-612 |
|
Hazardous Materials Transportation |
|
$ |
900,000 |
|
$ |
900,000 |
TOTAL SSR State Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
4,691,245 |
|
$ |
4,416,245 |
4G4 |
870-616 |
|
Base State Registration Program |
|
$ |
5,600,000 |
|
$ |
5,600,000 |
TOTAL AGY Agency Fund Group |
|
$ |
5,600,000 |
|
$ |
5,600,000 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
55,017,608 |
|
$ |
54,742,608 |
COMMERCIAL VEHICLE INFORMATION SYSTEMS AND NETWORKS PROJECT
The Commercial Vehicle Information Systems and Networks Fund is hereby created in the state treasury. The fund shall receive funding from the United States Department of Transportation's Commercial Vehicle Intelligent Transportation System Infrastructure Deployment Program and shall be used to deploy the Ohio Commercial Vehicle Information Systems and Networks Project and to expedite and improve the safety of motor carrier operations through electronic exchange of data by means of on-highway electronic systems.
On the effective date of this amendment, or as soon as possible thereafter, the Director of Budget and Management shall transfer $150,000 in cash from Fund 3V3, Commercial Vehicle Information Systems/Networks, to Fund 4U8, Civil Forfeitures, and $350,000 in cash from Fund 3V3, Commercial Vehicle Information Systems/Networks, to Fund 4S6, Hazardous Materials Registration. The purpose of the transfers is to repay the temporary cash transfers that were made into Fund 3V3, Commercial Vehicle Information Systems/Networks, in fiscal year 2002.
ENHANCED AND WIRELESS ENHANCED 9-1-1
The foregoing appropriation item 870-623, Wireless 911 9-1-1 Administration, shall be used pursuant to section 4931.63 of the Revised Code.
CASH TRANSFER TO THE PUBLIC UTILITIES FUND
If the cash available in the Public Utilities Fund (Fund 5F6) is insufficient to support the fiscal year 2007 appropriation to appropriation item 870-625, Motor Transportation Regulation, because of delayed implementation of the federal Unified Carrier Registration Program, the Chairman of the Public Utilities Commission shall notify the Director of Budget and Management. Upon receiving the notification, the Director may transfer up to $2,100,000 in fiscal year 2007 from the General Revenue Fund to the Public Utilities Fund (Fund 5F6).
If, after receiving any transfers pursuant to the preceding paragraph, the Public Utilities Fund (Fund 5F6) receives revenue for the purpose of motor transportation regulation pursuant to a continuation of the Single-State Registration Program or the implementation of the Unified Carrier Registration Program, the Director of Budget and Management may transfer cash from the Public Utilities Fund (Fund 5F6) to the General Revenue Fund up to the amount originally transferred pursuant to the preceding paragraph.
Sec. 209.63.30. ACCESS CHALLENGE
In each fiscal year, the foregoing appropriation item
235-418, Access
Challenge, shall be distributed to Ohio's
state-assisted access colleges and
universities. For the
purposes of this
allocation,
"access campuses" includes
state-assisted community
colleges,
state community colleges,
technical colleges, Shawnee
State University,
Central State
University, Cleveland State
University, the regional campuses of
state-assisted universities,
and, where they are
organizationally
distinct and
identifiable,
the community-technical colleges
located at
the University of
Cincinnati, Youngstown State
University, and the
University of
Akron.
The purpose of Access Challenge is to reduce the student share of costs for resident undergraduates enrolled in lower division undergraduate courses at Ohio's access campuses. The long-term goal is to make the student share of costs for these students equivalent to the student share of costs for resident undergraduate students enrolled throughout Ohio's public colleges and universities. Access Challenge appropriations shall be used in both years of the biennium to sustain, as much as possible, the tuition restraint or tuition reduction that was achieved with Access Challenge allocations in prior years.
In fiscal year 2006, Access Challenge subsidies
shall be distributed by the Board of Regents to eligible access
campuses on the basis of the average of each campus's share of fiscal year 2003 and 2004
all-terms subsidy-eligible General Studies FTEs. In fiscal year 2007, Access Challenge subsidies shall be distributed by the Board of Regents to eligible access campuses on the basis of the average of each campus's share of fiscal year 2004 and 2005 all-terms subsidy-eligible General Studies FTEs.
For purposes of this calculation, Cleveland State
University's enrollments shall
be adjusted by the ratio of the sum
of subsidy-eligible
lower-division FTE student enrollments
eligible for access funding
to the sum of subsidy-eligible General
Studies FTE student
enrollments at Central State University and
Shawnee State
University, and for the following universities and
their regional
campuses: the Ohio State University, Ohio University,
Kent State
University, Bowling Green State University, Miami
University, the
University of Cincinnati, the University of Akron,
and Wright
State University.
Of the foregoing appropriation item 235-418, Access Challenge, $10,172,626 in fiscal year 2006 and $9,663,995 $11,413,995 in fiscal year 2007 shall be used by Central State University to keep
undergraduate fees below the statewide average, consistent with
its mission of service to many first-generation college students
from groups historically underrepresented in higher education and
from families with limited incomes.
Sec. 209.93. SOS SECRETARY OF STATE
GRF |
050-321 |
|
Operating Expenses |
|
$ |
2,585,000 |
|
$ |
2,585,000 |
GRF |
050-403 |
|
Election Statistics |
|
$ |
103,936 |
|
$ |
103,936 |
GRF |
050-407 |
|
Pollworkers Training |
|
$ |
277,997 |
|
$ |
277,997 |
GRF |
050-409 |
|
Litigation Expenditures |
|
$ |
4,652 |
|
$ |
4,652 |
TOTAL GRF General Revenue Fund |
|
$ |
2,971,585 |
|
$ |
2,971,585 |
General Services Fund Group
4S8 |
050-610 |
|
Board of Voting Machine Examiners |
|
$ |
7,200 |
|
$ |
7,200 |
412 |
050-609 |
|
Notary Commission |
|
$ |
685,250 |
|
$ |
685,249 |
413 |
050-601 |
|
Information Systems |
|
$ |
169,955 |
|
$ |
169,955 |
414 |
050-602 |
|
Citizen Education Fund |
|
$ |
75,700 |
|
$ |
55,712 |
TOTAL General Services Fund Group |
|
$ |
938,105 |
|
$ |
918,116 |
Federal Special Revenue Fund Group
3AS |
050-616 |
|
2005 HAVA Voting Machines |
|
$ |
37,436,203 |
|
$ |
0 |
3X4 |
050-612 |
|
Ohio Center/Law Related Educational Grant |
|
$ |
41,000 |
|
$ |
41,000 |
TOTAL FED Federal Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
37,477,203 |
|
$ |
41,000 |
State Special Revenue Fund Group
5N9 |
050-607 |
|
Technology Improvements |
|
$ |
129,565 |
|
$ |
129,565 |
599 |
050-603 |
|
Business Services Operating Expenses |
|
$ |
13,741,745 |
|
$ |
13,761,734 |
TOTAL SSR State Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
13,871,310 |
|
$ |
13,891,299 |
Holding Account Redistribution Fund Group
R01 |
050-605 |
|
Uniform Commercial Code Refunds |
|
$ |
65,000 |
|
$ |
65,000 |
R02 |
050-606 |
|
Corporate/Business Filing Refunds |
|
$ |
100,000 |
|
$ |
100,000 |
TOTAL 090 Holding Account |
|
|
|
|
|
|
Redistribution Fund Group |
|
$ |
165,000 |
|
$ |
165,000 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
55,423,203 |
|
$ |
17,987,000 |
BOARD OF VOTING MACHINE EXAMINERS
The foregoing appropriation item 050-610, Board of Voting
Machine Examiners,
shall be used to pay for the services and
expenses of the members of the Board
of Voting Machine Examiners,
and for other expenses that are authorized to be
paid from the
Board of Voting Machine Examiners Fund, which is created in
section
3506.05 of the Revised Code. Moneys not used shall be
returned to
the
person or entity submitting the equipment for
examination. If
it is
determined that additional appropriations
are necessary,
such amounts are appropriated.
2005 HAVA VOTING MACHINES
On July 1, 2005, or as soon as possible thereafter, the Secretary of State shall certify to the Director of Budget and Management the cash balance in Fund 3AR, appropriation item 050-615, 2004 HAVA Voting Machines. The Director of Budget and Management shall transfer the certified amount of cash to Fund 3AS, 050-616, 2005 HAVA Voting Machines, for use in fiscal year 2006. The transferred amount is hereby appropriated.
On July 1, 2006, or as soon as possible thereafter, the Director of Budget and Management shall transfer any remaining unexpended, unencumbered appropriations in Fund 3AS, appropriation item 050-616, 2005 HAVA Voting Machines, at the end of fiscal year 2006 to fiscal year 2007 for use under the same appropriation item.
On January 1, 2007, or as soon as possible thereafter, the Director of Budget and Management shall transfer up to $6,832,753 in cash from the General Revenue Fund (GRF) to the credit of the Federal Election Reform Fund (Fund 3AA), the Election Reform/Health and Human Services Fund (Fund 3AH), the 2004 HAVA Voting Machines Fund (Fund 3AR), the 2005 HAVA Voting Machines Fund (Fund 3AS), and the Voter/Poll Worker Education Fund (Fund 3AT).
All investment earnings and amounts equal to the interest earnings from the first and second quarter of fiscal year 2007 of the federal Election Reform/Health and Human Services Fund (Fund 3AH) and the 2005 HAVA Voting Machines Fund (Fund 3AS) shall be credited to the respective funds and distributed in accordance with the terms of the grant under which the money is received.
Interest earnings from the federal Election Reform/Health and Human Services Fund (Fund 3AH) and the 2005 HAVA Voting Machines Fund (Fund 3AS) shall be credited to the respective funds and distributed in accordance with the terms of the grant under which the money is received.
HOLDING ACCOUNT REDISTRIBUTION GROUP
The foregoing appropriation items 050-605 and 050-606,
Holding
Account Redistribution Fund Group, shall be used to hold
revenues
until they are directed to the appropriate accounts or
until they
are refunded. If it is determined that additional
appropriations
are necessary, such amounts are
appropriated.
Section 401.11. That existing Sections 203.12.06, 203.24, 203.57, 203.81, 206.33, 206.66.06, 209.54, 209.63.30, and 209.93 of Am. Sub. H.B. 66 of the 126th General Assembly are hereby repealed.
Section 405.10. That Section 203.27 of Am. Sub. H.B. 66 of the 126th General Assembly, as amended by Sub. H.B. 440 of the 126th General Assembly, be amended to read as follows:
Sec. 203.27. AIR AIR QUALITY DEVELOPMENT AUTHORITY
GRF |
898-401 |
|
FutureGen Assistance |
|
$ |
0 |
|
$ |
1,000,000 |
GRF |
898-402 |
|
Coal Development Office |
|
$ |
568,814 |
|
$ |
573,814 |
GRF |
898-901 |
|
Coal R&D General
Obligation Debt Service |
|
$ |
7,071,100 |
|
$ |
8,980,800 |
TOTAL GRF General Revenue Fund |
|
$ |
7,639,914 |
|
$ |
10,554,614 |
State Special Revenue Fund Group
5DR |
898-606 |
|
FutureGen Initiative |
|
$ |
0 |
|
$ |
250,000 |
TOTAL SSR State Special Revenue Fund Group |
|
$ |
0 |
|
$ |
250,000 |
4Z9 |
898-602 |
|
Small Business Ombudsman |
|
$ |
263,165 |
|
$ |
264,196 |
5A0 |
898-603 |
|
Small Business Assistance |
|
$ |
71,087 |
|
$ |
71,087 |
570 |
898-601 |
|
Operating Expenses |
|
$ |
256,875 |
|
$ |
263,693 |
TOTAL AGY Agency Fund Group |
|
$ |
591,127 |
|
$ |
598,976 |
Coal Research/Development Fund
046 |
898-604 |
|
Coal Research and Development
Fund |
|
$ |
10,000,000 |
|
$ |
10,000,000 |
TOTAL 046 Coal Research/Development
Fund |
|
$ |
10,000,000 |
|
$ |
10,000,000 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
18,231,041 |
|
$ |
21,403,590 |
The foregoing appropriation item GRF 898-402, Coal Development Office, shall be used for the administrative costs of the Coal Development Office.
COAL RESEARCH AND DEVELOPMENT GENERAL OBLIGATION DEBT SERVICE
The foregoing appropriation item GRF 898-901, Coal R & D General Obligation Debt Service, shall be used to pay all debt service and related financing costs at the times they are required to be made under sections 151.01 and 151.07 of the Revised Code during the period from July 1, 2005, to June 30, 2007. The Office of the Sinking Fund or the Director of Budget and Management shall effectuate the required payments by intrastate transfer voucher.
SCIENCE AND TECHNOLOGY COLLABORATION
The Air Quality Development Authority shall work in close collaboration with the Department of Development, the Board of Regents, and the Third Frontier Commission in relation to appropriation items and programs referred to as Alignment Programs in the following paragraph, and other technology-related appropriations and programs in the Department of Development, Air Quality Development Authority, and the Board of Regents as those agencies may designate, to ensure implementation of a coherent state strategy with respect to science and technology.
To the extent permitted by law, the Air Quality Development Authority shall assure that coal research and development programs, proposals, and projects consider or incorporate appropriate collaborations with Third Frontier Project programs and grantees and with Alignment Programs and grantees.
"Alignment Programs" means: appropriation items 195-401, Thomas Edison Program; 898-402, Coal Development Office; 195-422, Third Frontier Action Fund; 898-604, Coal Research and Development Fund; 235-433, Economic Growth Challenge; 235-508, Air Force Institute of Technology; 235-510, Ohio Supercomputer Center; 235-451, Eminent Scholars; 235-527, Ohio Aerospace Institute; 235-535, Ohio Agricultural Research and Development Center; 235-553, Dayton Area Graduate Studies Institute; 235-554, Priorities in Collaborative Graduate Education; 235-556, Ohio Academic Resources Network; and 195-435, Biomedical Research and Technology Transfer Trust.
Consistent with the recommendations of the Governor's Commission on Higher Education and the Economy, Alignment Programs shall be managed and administered (1) to build on existing competitive research strengths, (2) to encourage new and emerging discoveries and commercialization of ideas and products that will benefit the Ohio economy, and (3) to assure improved collaboration among Alignment Programs, with programs administered by the Third Frontier Commission, and with other state programs that are intended to improve economic growth and job creation.
As directed by the Third Frontier Commission, Alignment Program managers shall report to the Commission or to the Third Frontier Advisory Board on the contributions of their programs to achieving the objectives stated in the preceding paragraph.
Each alignment program shall be reviewed annually by the Third Frontier Commission with respect to its development of complementary relationships within a combined state science and technology investment portfolio and its overall contribution to the state's science and technology strategy, including the adoption of appropriately consistent criteria for: (1) the scientific merit of activities supported by the program; (2) the relevance of the program's activities to commercial opportunities in the private sector; (3) the private sector's involvement in a process that continually evaluates commercial opportunities to use the work supported by the program; and (4) the ability of the program and recipients of grant funding from the program to engage in activities that are collaborative, complementary, and efficient with respect to the expenditure of state funds. Each alignment program shall provide annual reports to the Third Frontier Commission discussing existing, planned, or possible collaborations between programs and recipients of grant funding related to technology, development, commercialization, and supporting Ohio's economic development. The annual review by the Third Frontier Commission shall be a comprehensive review of the entire state science and technology program portfolio rather than a review of individual programs.
Applicants for Third Frontier and Alignment Program funding shall identify their requirements for high-performance computing facilities and services, including both hardware and software, in all proposals. If an applicant's requirements exceed approximately $100,000 for a proposal, the Ohio Supercomputer Center shall convene a panel of experts. The panel shall review the proposal to determine whether the proposal's requirements can be met through Ohio Supercomputer Center facilities or through other means and report its conclusion to the Third Frontier Commission.
To ensure that the state receives the maximum benefit from its investment in the Third Frontier Project and the Third Frontier Network, organizations receiving Third Frontier awards and Alignment Program awards shall, as appropriate, be expected to have a connection to the Third Frontier Network that enables them and their collaborators to achieve award objectives through the Third Frontier Network.
The foregoing appropriation item GRF 898-401, FutureGen Assistance, shall be used to make grants for the drilling of a test well to assist the state's efforts to secure or support the development and operation of the United States Department of Energy FutureGen Initiative pursuant to section 3706.01 of the Revised Code, as amended by this act.
The foregoing appropriation item 5DR 898-606, FutureGen Initiative, shall be used to make grants for the drilling of a test well to assist the state's efforts to secure or support the development and operation of the United States Department of Energy FutureGen Initiative pursuant to section 3706.01 of the Revised Code, as amended by this act.
Section 405.11. That existing Section 203.27 of Am. Sub. H.B. 66 of the 126th General Assembly, as amended by Sub. H.B. 440 of the 126th General Assembly, is hereby repealed.
Section 405.16. That Section 209.63 of Am. Sub. H.B. 66 of the 126th General Assembly, as most recently amended by Sub. H.B. 478 and Am. Sub. H.B. 530, both of the 126th General Assembly, be amended to read as follows:
Sec. 209.63. BOR BOARD OF REGENTS
GRF |
235-321 |
|
Operating Expenses |
|
$ |
2,897,659 |
|
$ |
2,966,351 |
GRF |
235-401 |
|
Lease Rental Payments |
|
$ |
200,619,200 |
|
$ |
200,795,300 |
GRF |
235-402 |
|
Sea Grants |
|
$ |
231,925 |
|
$ |
231,925 |
GRF |
235-406 |
|
Articulation and Transfer |
|
$ |
2,900,000 |
|
$ |
2,900,000 |
GRF |
235-408 |
|
Midwest Higher Education Compact |
|
$ |
90,000 |
|
$ |
90,000 |
GRF |
235-409 |
|
Information System |
|
$ |
1,146,510 |
|
$ |
1,175,172 |
GRF |
235-414 |
|
State Grants and Scholarship Administration |
|
$ |
1,352,811 |
|
$ |
1,382,881 |
GRF |
235-415 |
|
Jobs Challenge |
|
$ |
9,348,300 |
|
$ |
9,348,300 |
GRF |
235-417 |
|
Ohio Learning Network |
|
$ |
3,119,496 |
|
$ |
3,119,496 |
GRF |
235-418 |
|
Access Challenge |
|
$ |
73,513,302 |
|
$ |
73,004,671 74,754,671 |
GRF |
235-420 |
|
Success Challenge |
|
$ |
52,601,934 |
|
$ |
52,601,934 |
GRF |
235-428 |
|
Appalachian New Economy Partnership |
|
$ |
1,176,068 |
|
$ |
1,176,068 |
GRF |
235-433 |
|
Economic Growth Challenge |
|
$ |
20,343,097 |
|
$ |
23,186,194 |
GRF |
235-434 |
|
College Readiness and Access |
|
$ |
6,375,975 |
|
$ |
7,655,425 |
GRF |
235-435 |
|
Teacher Improvement Initiatives |
|
$ |
2,697,506 |
|
$ |
2,697,506 |
GRF |
235-451 |
|
Eminent Scholars |
|
$ |
0 |
|
$ |
1,370,988 |
GRF |
235-455 |
|
EnterpriseOhio Network |
|
$ |
1,373,941 |
|
$ |
1,373,941 |
GRF |
235-474 |
|
Area Health Education Centers Program Support |
|
$ |
1,571,756 |
|
$ |
1,571,756 |
GRF |
235-501 |
|
State Share of Instruction |
|
$ |
1,559,096,031 |
|
$ |
1,589,096,031 |
GRF |
235-502 |
|
Student Support Services |
|
$ |
795,790 |
|
$ |
795,790 |
GRF |
235-503 |
|
Ohio Instructional
Grants |
|
$ |
121,151,870 |
|
$ |
92,496,969 |
GRF |
235-504 |
|
War Orphans Scholarships |
|
$ |
4,672,321 |
|
$ |
4,672,321 |
GRF |
235-507 |
|
OhioLINK |
|
$ |
6,887,824 |
|
$ |
6,887,824 |
GRF |
235-508 |
|
Air Force Institute of Technology |
|
$ |
1,925,345 |
|
$ |
1,925,345 |
GRF |
235-510 |
|
Ohio Supercomputer Center |
|
$ |
4,271,195 |
|
$ |
4,271,195 |
GRF |
235-511 |
|
Cooperative Extension Service |
|
$ |
25,644,863 |
|
$ |
25,644,863 |
GRF |
235-513 |
|
Ohio University Voinovich Center |
|
$ |
336,082 |
|
$ |
336,082 |
GRF |
235-515 |
|
Case Western Reserve University School of Medicine |
|
$ |
3,011,271 |
|
$ |
3,011,271 |
GRF |
235-518 |
|
Capitol Scholarship Program |
|
$ |
125,000 |
|
$ |
125,000 |
GRF |
235-519 |
|
Family Practice |
|
$ |
4,548,470 |
|
$ |
4,548,470 |
GRF |
235-520 |
|
Shawnee State Supplement |
|
$ |
1,918,830 |
|
$ |
1,822,889 |
GRF |
235-521 |
|
The Ohio State University Glenn Institute |
|
$ |
286,082 |
|
$ |
286,082 |
GRF |
235-524 |
|
Police and Fire Protection |
|
$ |
171,959 |
|
$ |
171,959 |
GRF |
235-525 |
|
Geriatric Medicine |
|
$ |
750,110 |
|
$ |
750,110 |
GRF |
235-526 |
|
Primary Care Residencies |
|
$ |
2,245,688 |
|
$ |
2,245,688 |
GRF |
235-527 |
|
Ohio Aerospace Institute |
|
$ |
1,764,957 |
|
$ |
1,764,957 |
GRF |
235-530 |
|
Academic Scholarships |
|
$ |
7,800,000 |
|
$ |
7,800,000 |
GRF |
235-531 |
|
Student Choice Grants |
|
$ |
50,853,276 |
|
$ |
52,985,376 |
GRF |
235-534 |
|
Student Workforce Development Grants |
|
$ |
2,137,500 |
|
$ |
2,137,500 |
GRF |
235-535 |
|
Ohio Agricultural Research and Development Center |
|
$ |
35,955,188 |
|
$ |
35,955,188 |
GRF |
235-536 |
|
The Ohio State University Clinical Teaching |
|
$ |
13,565,885 |
|
$ |
13,565,885 |
GRF |
235-537 |
|
University of Cincinnati Clinical Teaching |
|
$ |
11,157,756 |
|
$ |
11,157,756 |
GRF |
235-538 |
|
University of Toledo Clinical Teaching |
|
$ |
8,696,866 |
|
$ |
8,696,866 |
GRF |
235-539 |
|
Wright State University Clinical Teaching |
|
$ |
4,225,107 |
|
$ |
4,225,107 |
GRF |
235-540 |
|
Ohio University Clinical Teaching |
|
$ |
4,084,540 |
|
$ |
4,084,540 |
GRF |
235-541 |
|
Northeastern Ohio Universities College of Medicine Clinical Teaching |
|
$ |
4,200,945 |
|
$ |
4,200,945 |
GRF |
235-543 |
|
Ohio College of Podiatric Medicine Clinic Subsidy |
|
$ |
250,000 |
|
$ |
250,000 |
GRF |
235-547 |
|
School of International Business |
|
$ |
450,000 |
|
$ |
450,000 |
GRF |
235-549 |
|
Part-time Student Instructional Grants |
|
$ |
14,457,721 |
|
$ |
10,534,617 |
GRF |
235-552 |
|
Capital Component |
|
$ |
19,059,866 |
|
$ |
19,059,866 |
GRF |
235-553 |
|
Dayton Area Graduate Studies Institute |
|
$ |
2,806,599 |
|
$ |
2,806,599 |
GRF |
235-554 |
|
Priorities in Collaborative Graduate Education |
|
$ |
2,355,548 |
|
$ |
2,355,548 |
GRF |
235-555 |
|
Library Depositories |
|
$ |
1,696,458 |
|
$ |
1,696,458 |
GRF |
235-556 |
|
Ohio Academic Resources Network |
|
$ |
3,727,223 |
|
$ |
3,727,223 |
GRF |
235-558 |
|
Long-term Care Research |
|
$ |
211,047 |
|
$ |
211,047 |
GRF |
235-561 |
|
Bowling Green State University Canadian Studies Center |
|
$ |
100,015 |
|
$ |
100,015 |
GRF |
235-563 |
|
Ohio College Opportunity Grant |
|
$ |
0 |
|
$ |
58,144,139 |
GRF |
235-572 |
|
The Ohio State University Clinic Support |
|
$ |
1,277,019 |
|
$ |
1,277,019 |
GRF |
235-583 |
|
Urban University Program |
|
$ |
4,992,937 |
|
$ |
4,992,937 |
GRF |
235-587 |
|
Rural University Projects |
|
$ |
1,147,889 |
|
$ |
1,147,889 |
GRF |
235-596 |
|
Hazardous Materials Program |
|
$ |
360,435 |
|
$ |
360,435 |
GRF |
235-599 |
|
National Guard
Scholarship Program |
|
$ |
15,128,472 |
|
$ |
16,611,063 |
GRF |
235-909 |
|
Higher Education General Obligation Debt Service |
|
$ |
137,600,300 |
|
$ |
152,114,100 |
TOTAL GRF General Revenue Fund |
|
$ |
2,469,261,760 |
|
$ |
2,548,148,872 2,549,898,872 |
General Services Fund Group
220 |
235-614 |
|
Program Approval and Reauthorization |
|
$ |
400,000 |
|
$ |
400,000 |
456 |
235-603 |
|
Sales and Services |
|
$ |
700,000 |
|
$ |
900,000 |
TOTAL GSF General Services |
|
|
|
|
|
|
Fund Group |
|
$ |
1,100,000 |
|
$ |
1,300,000 |
Federal Special Revenue Fund Group
3H2 |
235-608 |
|
Human Services Project |
|
$ |
1,500,000 |
|
$ |
1,500,000 |
3H2 |
235-622 |
|
Medical Collaboration Network |
|
$ |
3,346,143 |
|
$ |
3,346,143 |
3N6 |
235-605 |
|
State Student Incentive Grants |
|
$ |
2,196,680 |
|
$ |
2,196,680 |
3T0 |
235-610 |
|
National Health Service Corps -
Ohio Loan Repayment |
|
$ |
150,001 |
|
$ |
150,001 |
312 |
235-609 |
|
Tech Prep |
|
$ |
183,850 |
|
$ |
183,850 |
312 |
235-611 |
|
Gear-up Grant |
|
$ |
1,370,691 |
|
$ |
1,370,691 |
312 |
235-612 |
|
Carl D. Perkins Grant/Plan Administration |
|
$ |
112,960 |
|
$ |
112,960 |
312 |
235-615 |
|
Professional Development |
|
$ |
523,129 |
|
$ |
523,129 |
312 |
235-617 |
|
Improving Teacher Quality Grant |
|
$ |
2,900,000 |
|
$ |
2,900,000 |
312 |
235-619 |
|
Ohio Supercomputer Center |
|
$ |
6,000,000 |
|
$ |
6,000,000 |
312 |
235-621 |
|
Science Education Network |
|
$ |
1,686,970 |
|
$ |
1,686,970 |
312 |
235-631 |
|
Federal Grants |
|
$ |
250,590 |
|
$ |
250,590 |
TOTAL FED Federal Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
20,221,014 |
|
$ |
20,221,014 |
State Special Revenue Fund Group
4E8 |
235-602 |
|
Higher Educational Facility Commission Administration |
|
$ |
55,000 |
|
$ |
55,000 |
4P4 |
235-604 |
|
Physician Loan Repayment |
|
$ |
476,870 |
|
$ |
476,870 |
649 |
235-607 |
|
The Ohio State University
Highway/Transportation Research |
|
$ |
760,000 |
|
$ |
760,000 |
682 |
235-606 |
|
Nursing Loan Program |
|
$ |
893,000 |
|
$ |
893,000 |
TOTAL SSR State Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
2,184,870 |
|
$ |
2,184,870 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
2,492,767,644 |
|
$ |
2,571,854,756 2,573,604,756 |
Section 405.17. That existing Section 209.63 of Am. Sub. H.B. 66 of the 126th General Assembly, as most recently amended by Sub. H.B. 478 and Am. Sub. H.B. 530, both of the 126th General Assembly, is hereby repealed.
Section 411.10. That Section 212.30 of Am. Sub. H.B. 66 of the 126th General Assembly, as amended by Am. Sub. H.B. 530 of the 126th General Assembly, be amended to read as follows:
Sec. 212.30. DVM STATE VETERINARY MEDICAL BOARD
General Services Fund Group
4K9 |
888-609 |
|
Operating Expenses |
|
$ |
293,691 |
|
$ |
307,000 |
5BU |
888-602 |
|
Veterinary Student Loan Program |
|
$ |
60,000 |
|
$ |
60,000 |
TOTAL GSF General Services |
|
|
|
|
|
|
Fund Group |
|
$ |
353,691 |
|
$ |
367,000 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
353,691 |
|
$ |
367,000 |
CASH TRANSFER TO VETERINARY STUDENT LOAN PROGRAM VETERINARIAN LOAN REPAYMENT FUND (FUND 5BU)
On July 1, 2005, or as soon as possible thereafter, the Director of Budget and Management shall transfer $60,000 in cash from the Occupational Licensing and Regulatory Fund (Fund 4K9) to the Veterinary Student Loan Program Veterinarian Loan Repayment Fund (Fund 5BU), which is hereby created in division (B) of section 4741.46 of the Revised Code. The amount of the transfer is hereby appropriated.
VETERINARY STUDENT LOAN PROGRAM
The foregoing appropriation item 888-602, Veterinary Student Loan Program, shall be used by the Veterinary Medical Licensing Board to implement a student loan repayment program for veterinary students focusing on large animal populations, public health, or regulatory veterinary medicine.
Section 411.11. That existing Section 212.30 of Am. Sub. H.B. 66 of the 126th General Assembly, as amended by Am. Sub. H.B. 530 of the 126th General Assembly, is hereby repealed.
Section 415.10. That Section 243.10 of Am. Sub. H.B. 530 of the 126th General Assembly be amended to read as follows:
Sec. 243.10. All items set forth in this section are hereby
appropriated out of any moneys in the state treasury to the credit
of the Cultural and Sports Facilities Building Fund (Fund 030) that are not otherwise appropriated:
AFC CULTURAL FACILITIES COMMISSION
CAP-003 |
|
Center of Science and Industry - Toledo |
|
$ |
7,542 |
CAP-033 |
|
Woodward Opera House Renovation |
|
$ |
1,150,000 |
CAP-038 |
|
Center Exhibit Replacement |
|
$ |
816,000 |
CAP-042 |
|
Statewide Site Exhibit/Renovation & Construction |
|
$ |
123,000 |
CAP-043 |
|
Statewide Site Repairs |
|
$ |
200,100 |
CAP-046 |
|
Cincinnati Museum Center Improvements |
|
$ |
250,000 |
CAP-053 |
|
Powers Auditorium Improvements |
|
$ |
250,000 |
CAP-055 |
|
Waco Museum
& Aviation Learning Center |
|
$ |
500,000 |
CAP-058 |
|
Cedar Bog Nature Preserve Education Center |
|
$ |
766,200 |
CAP-064 |
|
Bramley Historic House |
|
$ |
75,000 |
CAP-065 |
|
Beck Center for the Cultural Arts |
|
$ |
100,000 |
CAP-066 |
|
Delaware County Cultural Arts Center |
|
$ |
40,000 |
CAP-071 |
|
Cleveland Institute of Music |
|
$ |
1,500,000 |
CAP-072 |
|
West Side Arts Consortium |
|
$ |
138,000 |
CAP-073 |
|
Ice Arena Development |
|
$ |
5,500,000 |
CAP-074 |
|
Stan Hywet Hall & Gardens |
|
$ |
1,000,000 |
CAP-075 |
|
McKinley Museum Improvements |
|
$ |
125,000 |
CAP-076 |
|
Spring Hill Historic Home |
|
$ |
125,000 |
CAP-079 |
|
Lorain Palace Civic Theatre |
|
$ |
200,000 |
CAP-080 |
|
Great Lakes Historical Society |
|
$ |
150,000 |
CAP-745 |
|
Historic Sites and Museums |
|
$ |
604,453 |
CAP-753 |
|
Buffington Island State Memorial |
|
$ |
73,500 |
CAP-769 |
|
Rankin House State Memorial |
|
$ |
192,000 |
CAP-781 |
|
Historical Center Archives/Library |
|
$ |
624,000 |
CAP-784 |
|
Ohio Historical Center Rehabilitation |
|
$ |
1,523,737 |
CAP-789 |
|
Neil Armstrong Air and Space Museum Improvements |
|
$ |
103,516 |
CAP-809 |
|
Cincinnati Ballet Facility Improvements |
|
$ |
450,000 |
CAP-814 |
|
Crawford Museum of Transportation
& Industry |
|
$ |
2,500,000 |
CAP-820 |
|
Historical Center Ohio Village Buildings |
|
$ |
502,000 |
CAP-821 |
|
Lorain County Historical Society |
|
$ |
300,000 |
CAP-822 |
|
Armory Youth Center |
|
$ |
40,000 |
CAP-823 |
|
Marion Palace Theatre |
|
$ |
1,575,000 |
CAP-824 |
|
McConnellsville Opera House |
|
$ |
75,000 |
CAP-825 |
|
Secrest Auditorium |
|
$ |
75,000 |
CAP-826 |
|
Renaissance Theatre |
|
$ |
700,000 |
CAP-827 |
|
Trumpet in the Land |
|
$ |
100,000 |
CAP-829 |
|
Mid-Ohio Valley Players |
|
$ |
80,000 |
CAP-830 |
|
The Anchorage |
|
$ |
50,000 |
CAP-834 |
|
Galion Historic Big Four Depot Restoration |
|
$ |
170,000 |
CAP-835 |
|
Jamestown Opera House |
|
$ |
125,000 |
CAP-837 |
|
Lake County Historical Society |
|
$ |
250,000 |
CAP-839 |
|
Hancock Historical Society |
|
$ |
75,000 |
CAP-840 |
|
Riversouth Development |
|
$ |
1,000,000 |
CAP-841 |
|
Ft. Piqua Hotel |
|
$ |
200,000 |
CAP-843 |
|
Marina District Amphitheatre and Related Development |
|
$ |
2,000,000 |
CAP-844 |
|
Chas. A. Eulett Education Center/Appalachian Museum |
|
$ |
1,850,000 |
CAP-845 |
|
Lima Historic Athletic Field |
|
$ |
100,000 |
CAP-846 |
|
Butler Palace Theatre |
|
$ |
200,000 |
CAP-847 |
|
Voice Of America Museum |
|
$ |
275,000 |
CAP-848 |
|
Oxford Arts Center ADA Project |
|
$ |
72,000 |
CAP-849 |
|
Clark County Community Arts Expansion Project |
|
$ |
500,000 |
CAP-850 |
|
Westcott House Historic Site |
|
$ |
75,000 |
CAP-851 |
|
Gen. Lytle Homestead-Harmony Hill |
|
$ |
50,000 |
CAP-852 |
|
Miami Township Community Amphitheatre |
|
$ |
50,000 |
CAP-853 |
|
Western Reserve Historical Society |
|
$ |
1,000,000 |
CAP-854 |
|
Cleveland Steamship Mather Museum |
|
$ |
100,000 |
CAP-855 |
|
Rock and Roll Hall of Fame |
|
$ |
250,000 |
CAP-858 |
|
Strongsville Historic Building |
|
$ |
100,000 |
CAP-859 |
|
Arts Castle |
|
$ |
100,000 |
CAP-860 |
|
Great Lakes Historical Society |
|
$ |
325,000 |
CAP-861 |
|
Ohio
Glass Museum |
|
$ |
250,000 |
CAP-863 |
|
Ariel Theatre |
|
$ |
100,000 |
CAP-864 |
|
Bellbrook/Sugarcreek Historical Society |
|
$ |
10,000 |
CAP-867 |
|
Ensemble Theatre |
|
$ |
450,000 |
CAP-868 |
|
Taft Museum |
|
$ |
500,000 |
CAP-869 |
|
Art Academy of Cincinnati |
|
$ |
100,000 |
CAP-870 |
|
Riverbend Pavilion Improvements |
|
$ |
250,000 |
CAP-871 |
|
Cincinnati Art and Technical Academy - Longworth Hall |
|
$ |
100,000 |
CAP-872 |
|
Music Hall: Over-The-Rhine |
|
$ |
750,000 |
CAP-873 |
|
John Bloomfield Home Restoration |
|
$ |
115,000 |
CAP-874 |
|
Malinta Historical Society Caboose Exhibit |
|
$ |
6,000 |
CAP-875 |
|
Hocking County Historic Society - Schempp House |
|
$ |
10,000 |
CAP-876 |
|
Art Deco Markay Theatre |
|
$ |
200,000 |
CAP-877 |
|
Harvey Wells House |
|
$ |
100,000 |
CAP-879 |
|
Broad Street Historical Renovation |
|
$ |
300,000 |
CAP-880 |
|
Amherst Historical Society |
|
$ |
35,000 |
CAP-881 |
|
COSI - Toledo |
|
$ |
1,580,000 |
CAP-882 |
|
Ohio Theatre - Toledo |
|
$ |
100,000 |
CAP-883 |
|
Chester Academy Historic Site Renovation |
|
$ |
25,000 |
CAP-884 |
|
Bradford Ohio Railroad Museum |
|
$ |
100,000 |
CAP-885 |
|
Montgomery County Historical Society Archives |
|
$ |
100,000 |
CAP-886 |
|
Nelson T. Gant Historic Homestead |
|
$ |
25,000 |
CAP-887 |
|
Aurora Outdoor Sports Complex |
|
$ |
50,000 |
CAP-888 |
|
Preble County Historical Society |
|
$ |
100,000 |
CAP-889 |
|
Tecumseh Sugarloaf Mountain Amphitheatre |
|
$ |
120,000 |
CAP-890 |
|
Pro Football Hall of Fame |
|
$ |
400,000 |
CAP-891 |
|
Maps Air Museum |
|
$ |
15,000 |
CAP-892 |
|
Foundation Community Theatre |
|
$ |
50,000 |
CAP-893 |
|
William McKinley Library Restoration |
|
$ |
250,000 |
CAP-896 |
|
Richard Howe House |
|
$ |
100,000 |
CAP-897 |
|
Ward-Thomas Museum |
|
$ |
30,000 |
CAP-898 |
|
Packard Music Hall Renovation Project |
|
$ |
1,075,000 675,000 |
CAP-899 |
|
Holland Theatre |
|
$ |
100,000 |
CAP-900 |
|
Van Wert Historical Society |
|
$ |
32,000 |
CAP-901 |
|
Warren County Historical Society |
|
$ |
225,000 |
CAP-902 |
|
Marietta Colony Theatre |
|
$ |
335,000 |
CAP-903 |
|
West Salem Village Opera House |
|
$ |
92,000 |
CAP-904 |
|
Beavercreek Community Theater |
|
$ |
100,000 |
CAP-905 |
|
Smith Orr Homestead |
|
$ |
100,000 |
Total Cultural Facilities Commission |
|
$ |
39,831,048 39,431,048 |
TOTAL Cultural and Sports Facilities Building Fund |
|
$ |
39,831,048 39,431,048 |
The amount reappropriated for the foregoing appropriation item CAP-073, Ice Arena Development, is the unencumbered and unalloted balance, as of June 30, 2006, in appropriation item CAP-073, Ice Arena Development, which prior to July 1, 2006, was named "Marina District/Ice Arena Development," plus $2,000,000.
Notwithstanding any provision of law to the contrary, on July 1, 2006, or as soon thereafter as possible, the Director of Budget and Management shall transfer $2,000,000 from CAP-843, Marina District Amphitheatre and Related Development, which prior to July 1, 2006, was named "Marina District/Ice Arena Development," to CAP-073, Ice Arena Development.
The foregoing appropriation item CAP-073, Ice Arena Development, shall by used by the City of Toledo for the development of an ice arena in the City of Toledo.
MARINA DISTRICT AMPHITHEATRE AND RELATED DEVELOPMENT
The amount reappropriated for the foregoing appropriation item CAP-843, Marina District Amphitheatre and Related Development, is the unencumbered and unalloted balance, as of June 30, 2006, in appropriation item CAP-843, Marina District Amphitheatre and Related Development, which prior to July 1, 2006, was named "Marina District/Ice Arena Development," minus $2,000,000.
The foregoing appropriation item CAP-843, Marina District Amphitheatre and Related Development, shall be used by the City of Toledo for the development of an amphitheatre and related developments in the Marina District of Toledo.
PACKARD MUSIC HALL RENOVATIONS PROJECT
The amount reappropriated for the foregoing appropriation item CAP-898, Packard Music Hall Renovation Project, is the unencumbered and unalloted balance, as of June 30, 2006, in appropriation item CAP-898, Packard Music Hall Renovation Project, plus $975,000 $575,000 of the unencumbered and unalloted balance, as of June 30, 2006, in appropriation item CAP-063, Robins Theatre Renovations.
Section 415.11. That existing Section 243.10 of Am. Sub. H.B. 530 of the 126th General Assembly is hereby repealed.
Section 501.10. The item in this section is hereby appropriated as designated out of any moneys in the state treasury to the credit of the State Special Revenue Fund Group. For the appropriation made in this section, that in the first column is for fiscal year 2006 and that in the second column is for fiscal year 2007. The appropriation made in this section is in addition to any other appropriations made for the fiscal years 2006-2007 biennium.
JLE JOINT LEGISLATIVE ETHICS COMMITTEE
State Special Revenue Fund Group
4G7 |
028-601 |
|
Joint Legislative Ethics Committee |
|
$ |
0 |
|
$ |
100,000 |
TOTAL SSR State Special Revenue Fund |
|
$ |
0 |
|
$ |
100,000 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
0 |
|
$ |
100,000 |
Within the limits set forth in this act, the Director of Budget and Management shall establish accounts indicating the source and amount of funds for the appropriation made in this section, and shall determine the form and manner in which the appropriation accounts shall be maintained. Expenditures from the appropriation contained in this section shall be accounted for as though made in H.B. 66 of the 126th General Assembly.
The appropriation made in this section is subject to all provisions of H.B. 66 of the 126th General Assembly that are generally applicable to such an appropriation.
Section 503.10. OHIO COMMUNITY SERVICE COUNCIL DEPOSIT
On January 1, 2007, or as soon as possible thereafter, the Director of the Ohio Community Service Council may certify to the Director of Budget and Management the amount of cash posted to the Ohio Community Service Council Programs Fund (Fund 3R7) that should have been deposited to the OCSC Community Support Fund (Fund 624). The Director of Budget and Management may transfer cash up to the amount certified from the Ohio Community Service Council Programs Fund (Fund 3R7) to the OCSC Community Support Fund (Fund 624).
Section 505.10. The amendment by this act to division (C) of section 2305.26 of the Revised Code applies to liens filed with the county recorder before, on, or after the effective date of the amendment.
Section 507.10. TRANSFERS OF FISCAL YEAR 2007 GENERAL REVENUE FUND ENDING BALANCES
Notwithstanding divisions (B)(1)(b), (B)(2), and (C) of section 131.44 of the Revised Code, the Director of Budget and Management may transfer up to $100,000,000 of the fiscal year 2007 General Revenue Fund surplus to the Public School Building Fund (Fund 021).
Section 507.20. TRANSFER FROM HALF-MILL EQUALIZATION FUND
Notwithstanding division (F) of section 3318.18 of the Revised Code, between June 1, 2007, and June 30, 2007, the Director of Budget and Management may transfer up to $60,000,000 in cash from the Half-Mill Equalization Fund (Fund 5BJ) to the Public School Building Fund (Fund 021).
Section 509.10. HEALTH EMERGENCY FUND
The Health Emergency Fund (Fund 5EC) is hereby created in the state treasury. The fund may be used by the Department of Health to purchase vaccines and antiviral drugs to stockpile for pandemic flu. The Director of Budget and Management, in consultation with the Director of Health, shall determine the amount of appropriation needed. The amount so determined is hereby appropriated. The Director of Budget and Management may transfer up to $17,500,000 in cash from the General Revenue Fund to the Health Emergency Fund (Fund 5EC) as needed. The Director of Budget and Management shall submit a letter to the Governor, the President and Minority Leader of the Senate, and the Speaker and Minority Leader of the House of Representatives detailing the cash transfers.
Section 511.10. TANF INITIATIVES
The Department of Job and Family Services, in accordance with sections 5101.80 and 5101.801 of the Revised Code, shall take the steps necessary, through interagency agreements, adoption of rules, or otherwise as determined by the Department, to implement and administer the Title IV-A programs identified in this section.
STRENGTHENING FAMILIES INITIATIVE
The Department of Job and Family Services shall use up to $11 million in fiscal year 2007 to reimburse the Governor's Office of Faith-Based and Community Initiatives (GOFBCI) pursuant to section 5101.801 of the Revised Code for projects that are part of the Ohio Strengthening Families Initiative.
TANF EDUCATIONAL AWARDS PROGRAM
The Department of Job and Family Services shall use up to $30 million in fiscal year 2007 to reimburse the Ohio Board of Regents pursuant to section 5101.801 of the Revised Code for initiatives addressing postsecondary tuition and educational expenses not covered by other grant programs that target low-income students.
Up to $5 million shall be used in fiscal year 2007 for TANF eligible activities pursuant to section 5101.801 of the Revised Code to provide additional support for initiatives aimed at increasing the number of adoptions including recruiting, promoting, and supporting adoptive families.
Up to $15 million shall be used in fiscal year 2007 for the Title IV-A non-assistance child-care subsidy program pursuant to section 5101.801 of the Revised Code to help additional needy working families with the cost of child care.
EARLY LEARNING QUALITY AND AVAILABILITY
Up to $5 million shall be used in fiscal year 2007 for TANF eligible activities pursuant to section 5101.801 of the Revised Code to provide additional support to improve the quality and availability of early learning opportunities, including but not limit to Step Up to Quality, for low-income working families with pre-school children.
INDEPENDENT LIVING INITIATIVES
Up to $2.5 million shall be used in fiscal year 2007 for TANF eligible activities pursuant to section 5101.801 of the Revised Code to support independent living initiatives, including but not limited to life-skills training and work supports for older children in foster care and those who have recently aged-out of foster care.
HOME ENERGY ASSISTANCE PROGRAM
The Department of Job and Family Services shall use up to $45 million in fiscal year 2007 to reimburse the Ohio Department of Development pursuant to section 5101.801 of the Revised Code for allowable expenditures of the Title IV-A Home Energy Assistance Program during the 2006-2007 HEAP winter heating season.
Up to $1.5 million shall be used in fiscal year 2007 to reimburse the Ohio network of food banks pursuant to section 5101.801 of the Revised Code for purchase of food boxes for distribution to TANF eligible families on a one-time basis.
TWO-PARENT OHIO WORKS FIRST CASELOAD
Up to $7 million shall be used in fiscal year 2007 for TANF eligible activities pursuant to section 5101.801 of the Revised Code to enhance county operated work and support programs targeting the two-parent Ohio Works First caseload.
The Department of Job and Family Services shall make TANF funding available to assist with the programs identified in this section and provide Title IV-A funds as necessary to implement these programs. In administering these programs, the state, county, and private agencies receiving funds from the Department of Job and Family Services shall comply with the requirements of the respective interagency agreements, grant agreements, sections 5101.80 and 5101.801 of the Revised Code, Title IV-A of the Social Security Act, rules adopted by the Department of Job and Family Services, and other directives from the Department of Job and Family Services as appropriate.
Section 513.10. FEDERAL JUSTICE PROGRAMS FUNDS
On the effective date of this section, or as soon as possible thereafter, the Director of Public Safety shall certify the following to the Director of Budget and Management:
(A) The federal justice program funds to be created in the accounting system pursuant to the amendment by this act of section 5502.62 of the Revised Code and appropriation items to be created within those funds.
(B) The amount of cash to be transferred from the Federal Justice Programs Fund (Fund 3AY) in the Department of Public Safety to the funds created pursuant to division (A) of this section.
(C) The amount of appropriation authority to be transferred from existing appropriation items to the Federal Justice Programs Fund in the Department of Public Safety to the appropriation items created pursuant to division (A) of this section.
The Director of Public Safety shall certify only those amounts required for transfer in order for the department to comply with the investment earnings retention and distribution requirements of federal grant awards.
The Director of Budget and Management may create funds in the accounting system pursuant to section 5502.62 of the Revised Code upon receiving certification under this section from the Director of Public Safety. The Director of Budget and Management may transfer cash and appropriation authority pursuant to the certification. Any amounts transferred pursuant to the certification are hereby appropriated.
Section 515.10. Within ninety days after the effective date of the amendment by this act of section 5709.87 of the Revised Code, the current owner of record of real property that is subject to an ongoing exemption previously granted under division (C)(1)(a) of that section may notify the Tax Commissioner in writing that the owner elects to discontinue the exemption for the remainder of its term. Upon receiving such a notification, the commissioner shall issue an order restoring the property to the tax list beginning with the year in which the notification was received.
Section 606.03. The items of law of which the sections of law contained in this act are composed, and their applications, are independent and severable. If any item of law that constitutes the whole or part of a section of law contained in this act, or if any application of any item of law that constitutes the whole or part of a section of law contained in this act, is held invalid, the invalidity does not affect other items of law or applications of items of law that can be given effect without the invalid item of law or application.
Section 609.03. An item of law that composes the whole or part of a section of law contained in this act that makes, or that provides for funding of, an appropriation or reappropriation of money has no effect after June 30, 2008, unless its context clearly indicates otherwise.
Section 612.03. Except as otherwise specifically provided in this act, the amendment or enactment of the sections of law contained in this act, and the items of law of which the amendments or enactments are composed, are subject to the referendum. Therefore, under Ohio Constitution, Article II, Section 1c and section 1.471 of the Revised Code, the amendments or enactments, and the items of law of which the amendments or enactments are composed, take effect on the ninety-first day after this act is filed with the Secretary of State. If, however, a referendum petition is filed against any such amendment or enactment, or against any item of law of which any such amendment or enactment is composed, the amendment or enactment, or item, unless rejected at the referendum, takes effect at the earliest time permitted by law.
Section 615.03. The amendment or enactment by this act of the sections of law listed in this section, and the items of law of which the amendments or enactments are composed, are not subject to the referendum. Therefore, under Ohio Constitution, Article II, Section 1d and section 1.471 of the Revised Code, the amendments or enactments, and the items of law of which the amendments or enactments are composed, go into immediate effect when this act becomes law.
Sections 3318.101, 3706.01, 5111.88, 5727.84, and 5919.31 of the Revised Code.
The version of section 5502.62 of the Revised Code resulting from Section 101.01 of this act.
Sections 203.12.06, 203.24, 203.27, 203.57, 203.81, 206.33, 206.66.06, 209.54, 209.63, 209.63.30, 209.93, and 212.30 of Am. Sub. H.B. 66 of the 126th General Assembly.
Sections 110.07, 110.08, 110.09, 401.10, 401.11, 405.10, 405.11, 405.16, 405.17, 411.10, 411.11, 501.10, 503.10, 507.10, 507.20, 509.10, 511.10, and 513.10 of this act.
Sections 615.03, 615.09, and 623.03 of this act.
Section 615.09. The amendment or enactment by this act of the sections of law listed in this section are not subject to the referendum. Therefore, under Ohio Constitution, Article II, Section 1d and section 1.471 of the Revised Code, the amendments or enactments, and the items of law of which amendments or enactments are composed, go into effect as specified in this section.
Section 4919.76 of the Revised Code takes effect January 1, 2007.
The version of section 5502.62 of the Revised Code resulting from Sections 110.07 and 110.08 of this act takes effect April 1, 2007.
Section 618.03. The amendment or enactment by this act of the sections of law listed in this section provides for or is essential to implementation of a tax levy. Therefore, under Ohio Constitution, Article II, Section 1d, the amendments and enactments, and the items of which the amendments and enactments are composed, are not subject to the referendum and go into immediate effect when this act becomes law.
Section 5701.11 of the Revised Code.
Section 618.03 of this act.
Section 621.03. The amendment of section 101.83 of the Revised Code is not intended to supersede the earlier repeal, with delayed effective date, of that section.
Section 623.03. The General Assembly, applying the principle stated in division (B) of section 1.52 of the Revised Code that amendments are to be harmonized if reasonably capable of simultaneous operation, finds that the following sections, presented in this act as composites of the sections as amended by the acts indicated, are the resulting versions of the sections in effect prior to the effective date of the sections as presented in this act:
Section 131.02 of the Revised Code as amended by both Sub. H.B. 390 and Am. Sub. H.B. 530 of the 126th General Assembly.
Section 181.52 (5502.62) of the Revised Code as amended by both Sub. H.B. 4 and Am. Sub. H.B. 66 of the 126th General Assembly.
Section 209.63 of Am. Sub. H.B. 66 of the 126th General Assembly, as amended by both Sub. H.B. 478 and Am. Sub. H.B. 530 of the 126th General Assembly.
The finding in this section takes effect at the same time as the section referenced in the finding takes effect.