As Introduced

126th General Assembly Regular Session 2005-2006

H. B. No. 699

Representative Calvert 

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A BILL

To amend sections 3.21, 3.23, 5.10, 9.37, 101.15,

1

101.34, 101.72, 101.83, 101.92, 107.40, 121.62,

2

126.11, 131.02, 133.021, 151.01, 151.09, 151.10,

3

151.40, 152.09, 152.18, 152.19, 152.21, 152.24,

4

152.242, 152.26, 169.13, 333.02, 333.04, 340.03,

5

340.09, 340.12, 715.70, 715.81, 1520.02, 2301.02,

6

2305.26, 2329.07, 2701.06, 3317.013, 3317.022,

7

3317.029, 3317.0217, 3317.03, 3383.01, 3383.07,

8

3706.01, 3770.05, 3770.073, 4121.121, 4503.068,

9

4728.03, 4763.03, 4763.05, 4763.06, 4919.76,

10

5107.12, 5111.88, 5115.06, 5119.071, 5120.03,

11

5123.08, 5139.02, 5502.62, 5537.01, 5537.02,

12

5537.03, 5537.10, 5537.17, 5537.24, 5537.26,

13

5537.27, 5537.28, 5701.11, 5709.87, 5727.84,

14

5741.101, 5751.011, 5910.03, and 5919.31; to enact

15

sections 184.191, 3318.101, and 5713.051 of the

16

Revised Code; to amend Section 206.09.84 of Am.

17

Sub. H.B. 66 of the 126th General Assembly, as

18

subsequently amended, and to amend Section

19

206.09.84 of Am. Sub. H.B. 66 of the 126th General

20

Assembly, for the purpose of codifying it as

21

section 3310.41 of the Revised Code; to amend

22

Sections 203.12.06, 203.24, 203.57, 203.81,

23

206.33, 206.66.06, 209.54, 209.63.30, and 209.93

24

of Am. Sub. H.B. 66 of the 126th General Assembly;

25

and to amend Sections 203.27, 209.63, and 212.30

26

of Am. Sub. H.B. 66 of the 126th General Assembly,

27

as subsequently amended; and to amend Section

28

243.10 of Am. Sub. H.B. 530 of the 126th General

29

Assembly; and to amend the version of section

30

5502.62 of the Revised Code that is scheduled to

31

take effect April 1, 2007, to make capital and

32

other appropriations and to provide authorization

33

and conditions for the operation of state

34

programs.

35

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,	36
101.34, 101.72, 101.83, 101.92, 107.40, 121.62, 126.11, 131.02,	37
133.021, 151.01, 151.09, 151.10, 151.40, 152.09, 152.18, 152.19,	38
152.21, 152.24, 152.242, 152.26, 169.13, 333.02, 333.04, 340.03,	39
340.09, 340.12, 715.70, 715.81, 1520.02, 2301.02, 2305.26,	40
2329.07, 2701.06, 3317.013, 3317.022, 3317.029, 3317.0217,	41
3317.03, 3383.01, 3383.07, 3706.01, 3770.05, 3770.073, 4121.121,	42
4503.068, 4728.03, 4763.03, 4763.05, 4763.06, 4919.76, 5107.12,	43
5111.88, 5115.06, 5119.071, 5120.03, 5123.08, 5139.02, 5502.62,	44
5537.01, 5537.02, 5537.03, 5537.10, 5537.17, 5537.24, 5537.26,	45
5537.27, 5537.28, 5701.11, 5709.87, 5727.84, 5741.101, 5751.011,	46
5910.03, and 5919.31 be amended; that Section 206.09.84 of Am.	47
Sub. H.B. 66 of the 126th General Assembly, as amended by Am. Sub.	48
H.B. 530 of the 126th General Assembly, be amended and that	49
Section 206.09.84 of Am. Sub. H.B. 66 of the 126th General	50
Assembly, as amended by Am. Sub. H.B. 530 of the 126th General	51
Assembly, be amended for the purpose of codifying it as section	52
3310.41 of the Revised Code and sections 184.191, 3318.101, and	53
5713.051 of the Revised Code be enacted to read as follows:	54

Sec. 3.21. ASubject to any section of the Revised Code that	55
prescribes the form of an oath, a person may be sworn in any form	56
hethe person deems binding on histhe person's conscience.	57

Sec. 3.23.  The oath of office of each judge of a court of	58
record shall be to support the constitution of the United States	59
and the constitution of this state, to administer justice without	60
respect to persons, and faithfully and impartially to discharge	61
and perform all the duties incumbent on himthe person as such	62
judge, according to the best of histhe person's ability and	63
understanding. The oath of office of every other officer, deputy,	64
or clerk shall be to support the constitution of the United States	65
and the constitution of this state, and faithfully to discharge	66
the duties of histhe office.	67

Except for justices of the supreme court as provided in	68
section 2701.05 of the Revised Code, each judge of a court of	69
record shall take the oath of office on or before the first day of	70
the judge's official term. The judge shall transmit a certificate	71
of oath, signed by the person administering the oath, to the clerk	72
of the respective court and shall transmit a copy of the	73
certificate of oath to the supreme court. The certificate of oath	74
shall state the term of office for that judge, including the	75
beginning and ending dates of that term. If the certificate of	76
oath is not transmitted to the clerk of the court within twenty	77
days from the first day of the judge's official term, the judge is	78
deemed to have refused to accept the office, and that office shall	79
be considered vacant. The clerk of the court forthwith shall	80
certify that fact to the governor and the governor shall fill the	81
vacancy.	82

The oath of office of a judge under this section shall be	83
taken in a form that is substantially similar to the following:	84

"I, (name), do solemnly swear that I will support the	85
Constitution of the United States and the Constitution of Ohio,	86
will administer justice without respect to persons, and will	87
faithfully and impartially discharge and perform all of the duties	88
incumbent upon me as (name of office) according to the best of my	89
ability and understanding. [This I do as I shall answer unto	90
God.]"	91

Sec. 5.10.  All official seals shall have engraved thereon	92
the coat of arms of the state, as described in section 5.04 of the	93
Revised Code.	94

The great seal of the state shall be two and one-half inches	95
in diameter and shall consist of the coat of arms of the state	96
within a circle having a diameter of one and three-fourths inches,	97
surrounded by the words "THE GREAT SEAL OF THE STATE OF OHIO" in	98
news gothic capitals. The great seal of the state shall correspond	99
substantially with the following design:	100

The design of the great seal shall not be reproduced, except	102
as required by any provision of the Ohio Constitution and the	103
Revised Code, unless permission to do so is first obtained from	104
the governor. The governor may authorize reproduction of the	105
design of the great seal when the purpose is to:	106

(A) Permit publication of a reproduction of the great seal of	107
the state of Ohio;	108

(B) Aid educational or historical programs;

109

(C) Promote the economic or cultural development of the state	110
in a manner deemed appropriate by the governor.	111

A permanent record shall be kept in the governor's office of	112
each permit to reproduce the design of the great seal.	113

No person shall use or permit to be used any reproduction or	114
facsimile of the great seal or a counterfeit or nonofficial	115
version of the great seal for any purpose not authorized by the	116
governor.	117

The seal of the supreme court shall consist of the coat of	118
arms of the state within a circle one and three-fourthsone-half	119
inches in diameter and shall be surrounded by the words "THE	120
SUPREME COURT OF THE STATE OF OHIO."	121

The seal of each court of appeals, court of common pleas, and	122
probate court shall consist of the coat of arms of the state	123
within a circle one and one-fourth inches in diameter, and each	124
seal shall be surrounded by the words "COURT OF APPEALS,	125
................ County, Ohio"; "COMMON PLEAS COURT,	126
................ County, Ohio"; or "PROBATE COURT,	127
................ County, Ohio."	128

(Insert the name of the proper county.)

129

The seals of all other courts of record shall be of the same	130
size as the seal of the court of common pleas, and each shall be	131
surrounded by the proper name of the court.	132

The seal of the secretary of state shall consist of the coat	133
of arms of the state within a circle one and one-fourth inches in	134
diameter and shall be surrounded by the words "THE SEAL OF THE	135
SECRETARY OF STATE OF OHIO."	136

The seal of the auditor of state shall consist of the coat of	137
arms of the state within a circle of one and one-fourth inches in	138
diameter, and shall be surrounded by the words "THE SEAL OF THE	139
AUDITOR OF STATE OF OHIO."	140

The seal of the treasurer of state shall consist of the coat	141
of arms of the state within a circle one and one-fourth inches in	142
diameter, and shall be surrounded by the words "THE SEAL OF THE	143
TREASURER OF STATE OF OHIO."	144

The seal of the lieutenant governor shall consist of the coat	145
of arms of the state within a circle one and one-fourth inches in	146
diameter and shall be surrounded by the words "THE SEAL OF THE	147
LIEUTENANT GOVERNOR OF STATE OF OHIO."	148

The seal of the attorney general shall consist of the coat of	149
arms of the state within a circle one and one-fourth inches in	150
diameter and shall be surrounded by the words "THE SEAL OF THE	151
ATTORNEY GENERAL OF STATE OF OHIO."	152

The seal of each benevolent institution shall consist of the	153
coat of arms of the state within a circle one and one-fourth	154
inches in diameter and shall be surrounded by the proper name of	155
the institution.	156

The seals of all other state, county, and municipal agencies,	157
divisions, boards and commissions shall consist of the coat of	158
arms of the state within a circle one and one-fourth inches in	159
diameter and shall be surrounded by the proper name of the office.	160

All seals mentioned in this section shall contain the words	161
and devices mentioned in this section and no other.	162

Sec. 9.37.  (A) As used in this section, "public official"	163
means any elected or appointed officer, employee, or agent of the	164
state, any state institution of higher education, any political	165
subdivision, board, commission, bureau, or other public body	166
established by law. "State institution of higher education" means	167
any state university or college as defined in division (A)(1) of	168
section 3345.12 of the Revised Code, community college, state	169
community college, university branch, or technical college.	170

(B) Except as provided in division (F) of this section, any	171
public official may make by direct deposit of funds by electronic	172
transfer, if the payee provides a written authorization	173
designating a financial institution and an account number to which	174
the payment is to be credited, any payment such public official is	175
permitted or required by law in the performance of official duties	176
to make by issuing a check or warrant.	177

(C) Such public official may contract with a financial	178
institution for the services necessary to make direct deposits and	179
draw lump-sum checks or warrants payable to that institution in	180
the amount of the payments to be transferred.	181

(D) Before making any direct deposit as authorized under this	182
section, the public official shall ascertain that the account from	183
which the payment is to be made contains sufficient funds to cover	184
the amount of the payment.	185

(E) If the issuance of checks and warrants by a public	186
official requires authorization by a governing board, commission,	187
bureau, or other public body having jurisdiction over the public	188
official, the public official may only make direct deposits and	189
contracts under this section pursuant to a resolution of	190
authorization duly adopted by such governing board, commission,	191
bureau, or other public body.	192

(F) Pursuant to sections 307.55, 319.16, and 321.15 of the	193
Revised Code, a county auditor may issue, and a county treasurer	194
may redeem, electronic warrants authorizing direct deposit for	195
payment of county obligations in accordance with rules adopted by	196
the auditordirector of statebudget and management pursuant to	197
section 117.20Chapter 119. of the Revised Code.	198

Sec. 101.15.  (A) As used in this section:

199

(1) "Caucus" means all of the members of either house of the	200
general assembly who are members of the same political party or	201
members of a committee of the house of representatives who are	202
members of the same political party.	203

(2) "Committee" means any committee of either house of the	204
general assembly, a joint committee of both houses of the general	205
assembly, including a committee of conference, or a subcommittee	206
of any committee listed in division (A)(2) of this section.	207

(3) "Meeting" means any prearranged discussion of the public	208
business of a committee by a majority of its members.	209

(B) Except as otherwise provided in division (F) of this	210
section, all meetings of any committee are declared to be public	211
meetings open to the public at all times. The secretary assigned	212
to the chairperson of the committee shall prepare, file, and	213
maintain the minutes of every regular or special meeting of a	214
committee. The committee, at its next regular or special meeting,	215
shall approve the minutes prepared, filed, and maintained by the	216
secretary, or, if the minutes prepared, filed, and maintained by	217
the secretary require correction before their approval, the	218
committee shall correct and approve the minutes at the next	219
following regular or special meeting. The committee shall make the	220
minutes available for public inspection not later than seven days	221
after the meeting the minutes reflect or not later than the	222
committee's next regular or special meeting, whichever occurs	223
first.	224

(C) Each committee shall establish a reasonable method	225
whereby any person may determine the time and place of all	226
regularly scheduled meetings and the time, place, and purpose of	227
all special meetings. No committee shall hold a regular or special	228
meeting unless it gives at least twenty-four hours' advance notice	229
to the news media that have requested notification.	230

The method established by each committee shall provide that,	231
upon request and payment of a reasonable fee, any person may	232
obtain reasonable advance notification of all meetings at which	233
any specific type of public business will be discussed. Provisions	234
for advance notification may include, but are not limited to,	235
mailing the agenda of meetings to all subscribers on a mailing	236
list or mailing notices in self-addressed stamped envelopes	237
provided by the person who desires advance notification.	238

(D) Any action of a committee relating to a bill or	239
resolution, or any other formal action of a committee, is invalid	240
unless taken in an open meeting of the committee. Any action of a	241
committee relating to a bill or resolution, or any other formal	242
action of a committee, taken in an open meeting is invalid if it	243
results from deliberations in a meeting not open to the public.	244

(E)(1) Any person may bring an action to enforce this	245
section. An action under this division shall be brought within two	246
years after the date of the alleged violation or threatened	247
violation. Upon proof of a violation or threatened violation of	248
this section in an action brought by any person, the court of	249
common pleas shall issue an injunction to compel the members of	250
the committee to comply with its provisions.	251

(2)(a) If the court of common pleas issues an injunction	252
under division (E)(1) of this section, the court shall order the	253
committee that it enjoins to pay a civil forfeiture of five	254
hundred dollars to the party that sought the injunction and shall	255
award to that party all court costs and, subject to reduction as	256
described in this division, reasonable attorney's fees. The court,	257
in its discretion, may reduce an award of attorney's fees to the	258
party that sought the injunction or not award attorney's fees to	259
that party if the court determines both of the following:	260

(i) That, based on the ordinary application of statutory law	261
and case law as it existed at the time of the violation or	262
threatened violation that was the basis of the injunction, a	263
well-informed committee reasonably would believe that the	264
committee was not violating or threatening to violate this	265
section;	266

(ii) That a well-informed committee reasonably would believe	267
that the conduct or threatened conduct that was the basis of the	268
injunction would serve the public policy that underlies the	269
authority that is asserted as permitting that conduct or	270
threatened conduct.	271

(b) If the court of common pleas does not issue an injunction	272
under division (E)(1) of this section and the court determines at	273
that time that the bringing of the action was frivolous conduct as	274
defined in division (A) of section 2323.51 of the Revised Code,	275
the court shall award to the committee all court costs and	276
reasonable attorney's fees, as determined by the court.	277

(3) Irreparable harm and prejudice to the party that sought	278
the injunction shall be conclusively and irrebuttably presumed	279
upon proof of a violation or threatened violation of this section.	280

(4) A member of a committee who knowingly violates an	281
injunction issued under division (E)(1) of this section may be	282
removed from office by an action brought in the court of common	283
pleas for that purpose by the prosecuting attorney of Franklin	284
county or by the attorney general.	285

(5) The remedies described in divisions (E)(1) to (4) of this	286
section shall be the exclusive remedies for a violation of this	287
section.	288

(F) This section does not apply to or affect either of the	289
following:	290

(1) All meetings of the joint legislative ethics committee	291
created under section 101.34 of the Revised Code other than a	292
meeting that is held for any of the following purposes:	293

(a) To consider the adoption, amendment, or recission	294
rescission of any rule that the joint legislative ethics committee	295
is authorized to adopt pursuant to division (B)(11) of section	296
101.34, division (E) of section 101.78, division (B) of section	297
102.02, or division (E) of section 121.68 of the Revised Code;	298

(b) To discuss and consider changes to any administrative	299
operation of the joint legislative ethics committee other than any	300
matter described in division (G) of section 121.22 of the Revised	301
Code;	302

(c) To discuss pending or proposed legislation.

303

(2) Meetings of a caucus.

304

(G) For purposes of division (F)(1)(a) of this section, an	305
advisory opinion, written opinion, or decision relative to a	306
complaint is not a rule.	307

Sec. 101.34.  (A) There is hereby created a joint legislative	308
ethics committee to serve the general assembly. The committee	309
shall be composed of twelve members, six each from the two major	310
political parties, and each member shall serve on the committee	311
during the member's term as a member of that general assembly. Six	312
members of the committee shall be members of the house of	313
representatives appointed by the speaker of the house of	314
representatives, not more than three from the same political	315
party, and six members of the committee shall be members of the	316
senate appointed by the president of the senate, not more than	317
three from the same political party. A vacancy in the committee	318
shall be filled for the unexpired term in the same manner as an	319
original appointment. The members of the committee shall be	320
appointed within fifteen days after the first day of the first	321
regular session of each general assembly and the committee shall	322
meet and proceed to recommend an ethics code not later than thirty	323
days after the first day of the first regular session of each	324
general assembly.	325

In the first regular session of each general assembly, the	326
speaker of the house of representatives shall appoint the	327
chairperson of the committee from among the house members of the	328
committee, and the president of the senate shall appoint the	329
vice-chairperson of the committee from among the senate members of	330
the committee. In the second regular session of each general	331
assembly, the president of the senate shall appoint the	332
chairperson of the committee from among the senate members of the	333
committee, and the speaker of the house of representatives shall	334
appoint the vice-chairperson of the committee from among the house	335
members of the committee. The chairperson, vice-chairperson, and	336
members of the committee shall serve until their respective	337
successors are appointed or until they are no longer members of	338
the general assembly.	339

The committee shall meet at the call of the chairperson or	340
upon the written request of seven members of the committee.	341

(B) The joint legislative ethics committee:

342

(1) Shall recommend a code of ethics that is consistent with	343
law to govern all members and employees of each house of the	344
general assembly and all candidates for the office of member of	345
each house;	346

(2) May receive and hear any complaint that alleges a breach	347
of any privilege of either house, or misconduct of any member,	348
employee, or candidate, or any violation of the appropriate code	349
of ethics;	350

(3) May obtain information with respect to any complaint	351
filed pursuant to this section and to that end may enforce the	352
attendance and testimony of witnesses, and the production of books	353
and papers;	354

(4) May recommend whatever sanction is appropriate with	355
respect to a particular member, employee, or candidate as will	356
best maintain in the minds of the public a good opinion of the	357
conduct and character of members and employees of the general	358
assembly;	359

(5) May recommend legislation to the general assembly	360
relating to the conduct and ethics of members and employees of and	361
candidates for the general assembly;	362

(6) Shall employ an executive director for the committee and	363
may employ other staff as the committee determines necessary to	364
assist it in exercising its powers and duties. The executive	365
director and staff of the committee shall be known as the office	366
of legislative inspector general. At least one member of the staff	367
of the committee shall be an attorney at law licensed to practice	368
law in this state. The appointment and removal of the executive	369
director shall require the approval of at least eight members of	370
the committee.	371

(7) May employ a special counsel to assist the committee in	372
exercising its powers and duties. The appointment and removal of a	373
special counsel shall require the approval of at least eight	374
members of the committee.	375

(8) Shall act as an advisory body to the general assembly and	376
to individual members, candidates, and employees on questions	377
relating to ethics, possible conflicts of interest, and financial	378
disclosure;	379

(9) Shall provide for the proper forms on which a statement	380
required pursuant to section 102.02 or 102.021 of the Revised Code	381
shall be filed and instructions as to the filing of the statement;	382

(10) Exercise the powers and duties prescribed under sections	383
101.70 to 101.79, sections 101.90 to 101.98, Chapter 102., and	384
sections 121.60 to 121.69 of the Revised Code;	385

(11) Adopt, in accordance with section 111.15 of the Revised	386
Code, any rules that are necessary to implement and clarify	387
Chapter 102. and sections 2921.42 and 2921.43 of the Revised Code.	388

(C) There is hereby created in the state treasury the joint	389
legislative ethics committee fund. All money collected from	390
registration fees and late filing fees prescribed under sections	391
101.72, 101.92, and 121.62 of the Revised Code shall be deposited	392
into the state treasury to the credit of the fund. Money credited	393
to the fund and any interest and earnings from the fund shall be	394
used solely for the operation of the joint legislative ethics	395
committee and the office of legislative inspector general and for	396
the purchase of data storage and computerization facilities for	397
the statements filed with the committee under sections 101.73,	398
101.74, 101.93, 101.94, 121.63, and 121.64 of the Revised Code.	399

(D) The chairperson of the joint legislative ethics committee	400
shall issue a written report, not later than the thirty-first day	401
of January of each year, to the speaker and minority leader of the	402
house of representatives and to the president and minority leader	403
of the senate that lists the number of committee meetings and	404
investigations the committee conducted during the immediately	405
preceding calendar year and the number of advisory opinions it	406
issued during the immediately preceding calendar year.	407

(E) Any investigative report that contains facts and findings	408
regarding a complaint filed with the joint legislative ethics	409
committee and that is prepared by the staff of the committee or a	410
special counsel to the committee shall become a public record upon	411
its acceptance by a vote of the majority of the members of the	412
committee, except for any names of specific individuals and	413
entities contained in the report. If the committee recommends	414
disciplinary action or reports its findings to the appropriate	415
prosecuting authority for proceedings in prosecution of the	416
violations alleged in the complaint, the investigatory report	417
regarding the complaint shall become a public record in its	418
entirety.	419

(F)(1) Any file obtained by or in the possession of the	420
former house ethics committee or former senate ethics committee	421
shall become the property of the joint legislative ethics	422
committee. Any such file is confidential if either of the	423
following applies:	424

(a) It is confidential under section 102.06 of the Revised	425
Code or the legislative code of ethics.	426

(b) If the file was obtained from the former house ethics	427
committee or from the former senate ethics committee, it was	428
confidential under any statute or any provision of a code of	429
ethics that governed the file.	430

(2) As used in this division, "file" includes, but is not	431
limited to, evidence, documentation, or any other tangible thing.	432

Sec. 101.72.  (A) Each legislative agent and employer, within	433
ten days following an engagement of a legislative agent, shall	434
file with the joint legislative ethics committee an initial	435
registration statement showing all of the following:	436

(1) The name, business address, and occupation of the	437
legislative agent;	438

(2) The name and business address of the employer and the	439
real party in interest on whose behalf the legislative agent is	440
actively advocating, if it is different from the employer. For the	441
purposes of division (A) of this section, where a trade	442
association or other charitable or fraternal organization that is	443
exempt from federal income taxation under subsection 501(c) of the	444
federal Internal Revenue Code is the employer, the statement need	445
not list the names and addresses of each member of the association	446
or organization, so long as the association or organization itself	447
is listed.	448

(3) A brief description of the type of legislation to which	449
the engagement relates.	450

(B) In addition to the initial registration statement	451
required by division (A) of this section, each legislative agent	452
and employer shall file with the joint committee, not later than	453
the last day of January, May, and September of each year, an	454
updated registration statement that confirms the continuing	455
existence of each engagement described in an initial registration	456
statement and that lists the specific bills or resolutions on	457
which the agent actively advocated under that engagement during	458
the period covered by the updated statement, and with it any	459
statement of expenditures required to be filed by section 101.73	460
of the Revised Code and any details of financial transactions	461
required to be filed by section 101.74 of the Revised Code.	462

(C) If a legislative agent is engaged by more than one	463
employer, the agent shall file a separate initial and updated	464
registration statement for each engagement. If an employer engages	465
more than one legislative agent, the employer need file only one	466
updated registration statement under division (B) of this section,	467
which shall contain the information required by division (B) of	468
this section regarding all of the legislative agents engaged by	469
the employer.	470

(D)(1) A change in any information required by division	471
(A)(1), (2), or (B) of this section shall be reflected in the next	472
updated registration statement filed under division (B) of this	473
section.	474

(2) Within thirty days after the termination of an	475
engagement, the legislative agent who was employed under the	476
engagement shall send written notification of the termination to	477
the joint committee.	478

(E) Except as otherwise provided in this division, a	479
registration fee of twenty-five dollars shall be charged for	480
filing an initial registration statement. All money collected from	481
registration fees under this division and late filing fees under	482
division (G) of this section shall be deposited into the general	483
revenue fund of the state treasury to the credit of the joint	484
legislative ethics committee fund created under section 101.34 of	485
the Revised Code.	486

An officer or employee of a state agency who actively	487
advocates in a fiduciary capacity as a representative of that	488
state agency need not pay the registration fee prescribed by this	489
division or file expenditure statements under section 101.73 of	490
the Revised Code. As used in this division, "state agency" does	491
not include a state institution of higher education as defined in	492
section 3345.011 of the Revised Code.	493

(F) Upon registration pursuant to division (A) of this	494
section, the legislative agent shall be issued a card by the joint	495
committee showing that the legislative agent is registered. The	496
registration card and the legislative agent's registration shall	497
be valid from the date of their issuance until the next	498
thirty-first day of December of an even-numbered year.	499

(G) The executive director of the joint committee shall be	500
responsible for reviewing each registration statement filed with	501
the joint committee under this section and for determining whether	502
the statement contains all of the information required by this	503
section. If the joint committee determines that the registration	504
statement does not contain all of the required information or that	505
a legislative agent or employer has failed to file a registration	506
statement, the joint committee shall send written notification by	507
certified mail to the person who filed the registration statement	508
regarding the deficiency in the statement or to the person who	509
failed to file the registration statement regarding the failure.	510
Any person so notified by the joint committee shall, not later	511
than fifteen days after receiving the notice, file a registration	512
statement or an amended registration statement that does contain	513
all of the information required by this section. If any person who	514
receives a notice under this division fails to file a registration	515
statement or such an amended registration statement within this	516
fifteen-day period, the joint committee shall assess a late filing	517
fee equal to twelve dollars and fifty cents per day, up to a	518
maximum of one hundred dollars, upon that person. The joint	519
committee may waive the late filing fee for good cause shown.	520

(H) On or before the fifteenth day of March of each year, the	521
joint committee shall, in the manner and form that it determines,	522
publish a report containing statistical information on the	523
registration statements filed with it under this section during	524
the preceding year.	525

Sec. 101.83.  (A) An agency in existence on January 1, 2005,	526
shall expire on December 31, 2010, unless the agency is renewed in	527
accordance with division (D) of this section and, if so renewed,	528
shall expire thereafter on the thirty-first day of December of the	529
fourth year after the year in which it was most recently renewed	530
unless the agency is renewed in accordance with division (D) of	531
this section. An agency created after January 1, 2005, that is	532
created on the thirty-first day of December shall expire not later	533
than four years after its creation, unless the agency is renewed	534
in accordance with division (D) of this section. An agency created	535
after January 1, 2005, that is created on any other date shall be	536
considered for the purpose of this section to have been created on	537
the preceding thirty-first day of December, and the agency shall	538
expire not later than four years after the date it was considered	539
to have been created, unless the agency is renewed in accordance	540
with division (D) of this section. Any act creating or renewing an	541
agency shall contain a distinct section providing a specific	542
expiration date for the agency in accordance with this division.	543

(B) If the general assembly does not renew or transfer an	544
agency on or before its expiration date, it shall expire on that	545
date.	546

The auditordirector of statebudget and management shall not	547
authorize the expenditure of any moneys for any agency on or after	548
the date of its expiration.	549

(C) The general assembly may provide by law for the orderly,	550
efficient, and expeditious conclusion of an agency's business and	551
operation. The rules, orders, licenses, contracts, and other	552
actions made, taken, granted, or performed by the agency shall	553
continue in effect according to their terms notwithstanding the	554
agency's abolition, unless the general assembly provides otherwise	555
by law. The general assembly may provide by law for the temporary	556
or permanent transfer of some or all of a terminated or	557
transferred agency's functions and personnel to a successor agency	558
or officer.	559

The abolition, termination, or transfer of an agency shall	560
not cause the termination or dismissal of any claim pending	561
against the agency by any person, or any claim pending against any	562
person by the agency. Unless the general assembly provides	563
otherwise by law for the substitution of parties, the attorney	564
general shall succeed the agency with reference to any pending	565
claim.	566

(D) An agency may be renewed by passage of a bill that	567
continues the statutes creating and empowering the agency, that	568
amends or repeals those statutes, or that enacts new statutes, to	569
improve agency usefulness, performance, or effectiveness.	570

Sec. 101.92.  (A) Each retirement system lobbyist and each	571
employer shall file with the joint legislative ethics committee,	572
within ten days following the engagement of a retirement system	573
lobbyist, an initial registration statement showing all of the	574
following:	575

(1) The name, business address, and occupation of the	576
retirement system lobbyist;	577

(2) The name and business address of the employer or of the	578
real party in interest on whose behalf the retirement system	579
lobbyist is acting, if it is different from the employer. For the	580
purposes of division (A) of this section, where a trade	581
association or other charitable or fraternal organization that is	582
exempt from federal income taxation under subsection 501(c) of the	583
federal Internal Revenue Code is the employer, the statement need	584
not list the names and addresses of every member of the	585
association or organization, so long as the association or	586
organization itself is listed.	587

(3) A brief description of the retirement system decision to	588
which the engagement relates;	589

(4) The name of the retirement system or systems to which the	590
engagement relates.	591

(B) In addition to the initial registration statement	592
required by division (A) of this section, each retirement system	593
lobbyist and employer shall file with the joint committee, not	594
later than the last day of January, May, and September of each	595
year, an updated registration statement that confirms the	596
continuing existence of each engagement described in an initial	597
registration statement and that lists the specific retirement	598
system decisions that the lobbyist sought to influence under the	599
engagement during the period covered by the updated statement, and	600
with it any statement of expenditures required to be filed by	601
section 101.93 of the Revised Code and any details of financial	602
transactions required to be filed by section 101.94 of the Revised	603
Code.	604

(C) If a retirement system lobbyist is engaged by more than	605
one employer, the lobbyist shall file a separate initial and	606
updated registration statement for each engagement. If an employer	607
engages more than one retirement system lobbyist, the employer	608
need file only one updated registration statement under division	609
(B) of this section, which shall contain the information required	610
by division (B) of this section regarding all of the retirement	611
system lobbyists engaged by the employer.	612

(D)(1) A change in any information required by division	613
(A)(1), (2), or (B) of this section shall be reflected in the next	614
updated registration statement filed under division (B) of this	615
section.	616

(2) Within thirty days following the termination of an	617
engagement, the executive agencyretirement system lobbyist who	618
was employed under the engagement shall send written notification	619
of the termination to the joint committee.	620

(E) A registration fee of twenty-five dollars shall be	621
charged for filing an initial registration statement. All money	622
collected from this feeregistration fees under this division and	623
late filing fees under division (G) of this section shall be	624
deposited into the general revenue fund of the state treasury to	625
the credit of the joint legislative ethics committee fund created	626
under section 101.34 of the Revised Code.	627

(F) Upon registration pursuant to this section, a retirement	628
system lobbyist shall be issued a card by the joint committee	629
showing that the lobbyist is registered. The registration card and	630
the retirement system lobbyist's registration shall be valid from	631
the date of their issuance until the thirty-first day of January	632
of the year following the year in which the initial registration	633
was filed.	634

(G) The executive director of the joint committee shall be	635
responsible for reviewing each registration statement filed with	636
the joint committee under this section and for determining whether	637
the statement contains all of the required information. If the	638
joint committee determines that the registration statement does	639
not contain all of the required information or that a retirement	640
system lobbyist or employer has failed to file a registration	641
statement, the joint committee shall send written notification by	642
certified mail to the person who filed the registration statement	643
regarding the deficiency in the statement or to the person who	644
failed to file the registration statement regarding the failure.	645
Any person so notified by the joint committee shall, not later	646
than fifteen days after receiving the notice, file a registration	647
statement or an amended registration statement that contains all	648
of the required information. If any person who receives a notice	649
under this division fails to file a registration statement or such	650
an amended registration statement within this fifteen-day period,	651
the joint committee shall assess a late filing fee equal to twelve	652
dollars and fifty cents per day, up to a maximum fee of one	653
hundred dollars, upon that person. The joint committee may waive	654
the late filing fee for good cause shown.	655

(H) On or before the fifteenth day of March of each year, the	656
joint committee shall, in the manner and form that it determines,	657
publish a report containing statistical information on the	658
registration statements filed with it under this section during	659
the preceding year.	660

(I) If an employer who engages a retirement system lobbyist	661
is the recipient of a contract, grant, lease, or other financial	662
arrangement pursuant to which funds of the state or of a	663
retirement system are distributed or allocated, the executive	664
agency or any aggrieved party may consider the failure of the	665
employer or the retirement system lobbyist to comply with this	666
section as a breach of a material condition of the contract,	667
grant, lease, or other financial arrangement.	668

(J) Retirement system officials may require certification	669
from any person seeking the award of a contract, grant, lease, or	670
financial arrangement that the person and the person's employer	671
are in compliance with this section.	672

Sec. 107.40.  (A) There is hereby created the governor's	673
residence advisory commission. The commission shall provide for	674
the preservation, restoration, acquisition, and conservation of	675
all decorations, objects of art, chandeliers, china, silver,	676
statues, paintings, furnishings, accouterments, and other	677
aesthetic materials that have been acquired, donated, loaned, or	678
otherwise obtained by the state for the governor's residence and	679
that have been approved by the commission. In addition, the	680
commission shall provide for the maintenance of plants that have	681
been acquired, donated, loaned, or otherwise obtained by the state	682
for the governor's residence and that have been approved by the	683
commission.	684

(B) The commission shall be responsible for the care,	685
provision, repair, and placement of furnishings and other objects	686
and accessories of the grounds and public areas of the first story	687
of the governor's residence and for the care and placement of	688
plants on the grounds. In exercising this responsibility, the	689
commission shall preserve and seek to further establish bothall	690
of the following:	691

(1) The authentic ambiance and decor of the historic era	692
during which the governor's residence was constructed;	693

(2) The grounds as a representation of Ohio's natural	694
ecosystems;	695

(3) The heritage garden for all of the following purposes:

696

(a) To preserve, sustain, and encourage the use of native	697
flora throughout the state;	698

(b) To replicate the state's physiographic regions, plant	699
communities, and natural landscapes;	700

(c) To serve as an educational garden that demonstrates the	701
artistic, industrial, political, horticultural, and geologic	702
history of the state through the use of plants;	703

(d) To serve as a reservoir of rare species of plants from	704
the physiographic regions of the state.	705

These duties shall not affect the obligation of the	706
department of administrative services to provide for the general	707
maintenance and operating expenses of the governor's residence.	708

(C) The commission shall consist of eleven members. One	709
member shall be the director of administrative services or the	710
director's designee, who shall serve during the director's term of	711
office and shall serve as chairperson. One member shall be the	712
director of the Ohio historical society or the director's	713
designee, who shall serve during the director's term of office and	714
shall serve as vice-chairperson. One member shall represent the	715
Columbus landmarks foundation. One member shall represent the	716
Bexley historical society. One member shall be the mayor of the	717
city of Bexley, who shall serve during the mayor's term of office.	718
One member shall be the chief executive officer of the Franklin	719
park conservatory joint recreation district, who shall serve	720
during the term of employment as chief executive officer. The	721
remaining five members shall be appointed by the governor with the	722
advice and consent of the senate. The five members appointed by	723
the governor shall be persons with knowledge of Ohio history,	724
architecture, decorative arts, or historic preservation, and one	725
of those members shall have knowledge of landscape architecture,	726
garden design, horticulture, and plants native to this state.	727

(D) Of the initial appointees, the representative of the	728
Columbus landmarks foundation shall serve for a term expiring	729
December 31, 1996, and the representative of the Bexley historical	730
society shall serve for a term expiring December 31, 1997. Of the	731
five members appointed by the governor, three shall serve for	732
terms ending December 31, 1998, and two shall serve for terms	733
ending December 31, 1999. Thereafter, each term shall be for four	734
years, commencing on the first day of January and ending on the	735
last day of December. The member having knowledge of landscape	736
architecture, garden design, horticulture, and plants native to	737
this state initially shall be appointed upon the first vacancy on	738
the commission occurring on or after the effective date of this	739
amendmentJune 30, 2006.	740

Each member shall hold office from the date of the member's	741
appointment until the end of the term for which the member was	742
appointed. Any member appointed to fill a vacancy occurring prior	743
to the end of the term for which the member's predecessor was	744
appointed shall hold office for the remainder of the term. Any	745
member shall continue in office subsequent to the expiration of	746
the term until the member's successor takes office.	747

(E) Six members of the commission constitute a quorum, and	748
the affirmative vote of six members is required for approval of	749
any action by the commission.	750

(F) After each initial member of the commission has been	751
appointed, the commission shall meet and select one member as	752
secretary and another as treasurer. Organizational meetings of the	753
commission shall be held at the time and place designated by call	754
of the chairperson. Meetings of the commission may be held	755
anywhere in the state and shall be in compliance with Chapters	756
121. and 149. of the Revised Code. The commission may adopt,	757
pursuant to section 111.15 of the Revised Code, rules necessary to	758
carry out the purposes of this section.	759

(G) Members of the commission shall serve without	760
remuneration, but shall be compensated for actual and necessary	761
expenses incurred in the performance of their official duties.	762

(H) All expenses incurred in carrying out this section are	763
payable solely from money accrued under this section or	764
appropriated for these purposes by the general assembly, and the	765
commission shall incur no liability or obligation beyond such	766
money.	767

(I) The commission may accept any donation, gift, bequest, or	768
devise for the governor's residence or as an endowment for the	769
maintenance and care of the garden on the grounds of the	770
governor's residence in furtherance of its duties. Any revenue	771
received by the commission shall be deposited into the governor's	772
residence fund, which is hereby established in the state treasury,	773
for use by the commission in accordance with the performance of	774
its duties. All investment earnings of the fund shall be credited	775
to the fund. Title to all property acquired by the commission	776
shall be taken in the name of the state and shall be held for the	777
use and benefit of the commission.	778

(J) Nothing in this section limits the ability of a person or	779
other entity to purchase decorations, objects of art, chandeliers,	780
china, silver, statues, paintings, furnishings, accouterments,	781
plants, or other aesthetic materials for placement in the	782
governor's residence or on the grounds of the governor's residence	783
or donation to the commission. No such object or plant, however,	784
shall be placed on the grounds or public areas of the first story	785
of the governor's residence without the consent of the commission.	786

(K) The heritage garden established under this section shall	787
be officially known as "the heritage garden at the Ohio governor's	788
residence."	789

(L) As used in this section, "heritage garden" means the	790
botanical garden of native plants established at the governor's	791
residence.	792

Sec. 121.62.  (A) Each executive agency lobbyist and each	793
employer shall file with the joint legislative ethics committee,	794
within ten days following the engagement of an executive agency	795
lobbyist, an initial registration statement showing all of the	796
following:	797

(1) The name, business address, and occupation of the	798
executive agency lobbyist;	799

(2) The name and business address of the employer or of the	800
real party in interest on whose behalf the executive agency	801
lobbyist is acting, if it is different from the employer. For the	802
purposes of division (A) of this section, where a trade	803
association or other charitable or fraternal organization that is	804
exempt from federal income taxation under subsection 501(c) of the	805
federal Internal Revenue Code is the employer, the statement need	806
not list the names and addresses of every member of the	807
association or organization, so long as the association or	808
organization itself is listed.	809

(3) A brief description of the executive agency decision to	810
which the engagement relates;	811

(4) The name of the executive agency or agencies to which the	812
engagement relates.	813

(B) In addition to the initial registration statement	814
required by division (A) of this section, each executive agency	815
lobbyist and employer shall file with the joint committee, not	816
later than the last day of January, May, and September of each	817
year, an updated registration statement that confirms the	818
continuing existence of each engagement described in an initial	819
registration statement and that lists the specific executive	820
agency decisions that the lobbyist sought to influence under the	821
engagement during the period covered by the updated statement, and	822
with it any statement of expenditures required to be filed by	823
section 121.63 of the Revised Code and any details of financial	824
transactions required to be filed by section 121.64 of the Revised	825
Code.	826

(C) If an executive agency lobbyist is engaged by more than	827
one employer, the lobbyist shall file a separate initial and	828
updated registration statement for each engagement. If an employer	829
engages more than one executive agency lobbyist, the employer need	830
file only one updated registration statement under division (B) of	831
this section, which shall contain the information required by	832
division (B) of this section regarding all of the executive agency	833
lobbyists engaged by the employer.	834

(D)(1) A change in any information required by division	835
(A)(1), (2), or (B) of this section shall be reflected in the next	836
updated registration statement filed under division (B) of this	837
section.	838

(2) Within thirty days following the termination of an	839
engagement, the executive agency lobbyist who was employed under	840
the engagement shall send written notification of the termination	841
to the joint committee.	842

(E) A registration fee of twenty-five dollars shall be	843
charged for filing an initial registration statement. All money	844
collected from this feeregistration fees under this division and	845
late filing fees under division (G) of this section shall be	846
deposited into the general revenue fund of the state treasury to	847
the credit of the joint legislative ethics committee fund created	848
under section 101.34 of the Revised Code.	849

(F) Upon registration pursuant to this section, an executive	850
agency lobbyist shall be issued a card by the joint committee	851
showing that the lobbyist is registered. The registration card and	852
the executive agency lobbyist's registration shall be valid from	853
the date of their issuance until the thirty-first day of January	854
of the year following the year in which the initial registration	855
was filed.	856

(G) The executive director of the joint committee shall be	857
responsible for reviewing each registration statement filed with	858
the joint committee under this section and for determining whether	859
the statement contains all of the required information. If the	860
joint committee determines that the registration statement does	861
not contain all of the required information or that an executive	862
agency lobbyist or employer has failed to file a registration	863
statement, the joint committee shall send written notification by	864
certified mail to the person who filed the registration statement	865
regarding the deficiency in the statement or to the person who	866
failed to file the registration statement regarding the failure.	867
Any person so notified by the joint committee shall, not later	868
than fifteen days after receiving the notice, file a registration	869
statement or an amended registration statement that contains all	870
of the required information. If any person who receives a notice	871
under this division fails to file a registration statement or such	872
an amended registration statement within this fifteen-day period,	873
the joint committee shall assess a late filing fee equal to twelve	874
dollars and fifty cents per day, up to a maximum fee of one	875
hundred dollars, upon that person. The joint committee may waive	876
the late filing fee for good cause shown.	877

(H) On or before the fifteenth day of March of each year, the	878
joint committee shall, in the manner and form that it determines,	879
publish a report containing statistical information on the	880
registration statements filed with it under this section during	881
the preceding year.	882

(I) If an employer who engages an executive agency lobbyist	883
is the recipient of a contract, grant, lease, or other financial	884
arrangement pursuant to which funds of the state or of an	885
executive agency are distributed or allocated, the executive	886
agency or any aggrieved party may consider the failure of the	887
employer or the executive agency lobbyist to comply with this	888
section as a breach of a material condition of the contract,	889
grant, lease, or other financial arrangement.	890

(J) Executive agency officials may require certification from	891
any person seeking the award of a contract, grant, lease, or	892
financial arrangement that the person and the person's employer	893
are in compliance with this section.	894

Sec. 126.11.  (A)(1) The director of budget and management	895
shall, upon consultation with the treasurer of state, coordinate	896
and approve the scheduling of initial sales of publicly offered	897
securities of the state and of publicly offered fractionalized	898
interests in or securitized issues of public obligations of the	899
state. The director shall from time to time develop and distribute	900
to state issuers an approved sale schedule for each of the	901
obligations covered by division (A) or (B) of this section.	902
Division (A) of this section applies only to those obligations on	903
which the state or a state agency is the direct obligor or obligor	904
on any backup security or related credit enhancement facility or	905
source of money subject to state appropriations that is intended	906
for payment of those obligations.	907

(2) The issuers of obligations pursuant to section 151.03,	908
151.04, 151.05, 151.07, 151.08, or 151.09 or Chapter 152. or 5537.	909
of the Revised Code shall submit to the director:	910

(a) For review and approval: the projected sale date, amount,	911
and type of obligations proposed to be sold; their purpose,	912
security, and source of payment; the proposed structure and	913
maturity schedule; the trust agreement and any supplemental	914
agreements; and any credit enhancement facilities or interest rate	915
hedges for the obligations;	916

(b) For review and comment: the authorizing order or	917
resolution; preliminary and final offering documents; method of	918
sale; preliminary and final pricing information; and any written	919
reports or recommendations of financial advisors or consultants	920
relating to those obligations;	921

(c) Promptly after each sale of those obligations: final	922
terms, including sale price, maturity schedule and yields, and	923
sources and uses; names of the original purchasers or	924
underwriters; a copy of the final offering document and of the	925
transcript of proceedings; and any other pertinent information	926
requested by the director.	927

(3) The issuer of obligations pursuant to section 151.06 or	928
151.40 or Chapter 154. of the Revised Code shall submit to the	929
director:	930

(a) For review and mutual agreement: the projected sale date,	931
amount, and type of obligations proposed to be sold; their	932
purpose, security, and source of payment; the proposed structure	933
and maturity schedule; the trust agreement and any supplemental	934
agreements; and any credit enhancement facilities or interest rate	935
hedges for the obligations;	936

(b) For review and comment: the authorizing order or	937
resolution; preliminary and final offering documents; method of	938
sale; preliminary and final pricing information; and any written	939
reports or recommendations of financial advisors or consultants	940
relating to those obligations;	941

(c) Promptly after each sale of those obligations: final	942
terms, including sale price, maturity schedule and yields, and	943
sources and uses; names of the original purchasers or	944
underwriters; a copy of the final offering document and of the	945
transcript of proceedings; and any other pertinent information	946
requested by the director.	947

(4) The issuers of obligations pursuant to Chapter 166.,	948
4981., 5540., or 6121., or section 5531.10, of the Revised Code	949
shall submit to the director:	950

(a) For review and comment: the projected sale date, amount,	951
and type of obligations proposed to be sold; the purpose,	952
security, and source of payment; and preliminary and final	953
offering documents;	954

(b) Promptly after each sale of those obligations: final	955
terms, including a maturity schedule; names of the original	956
purchasers or underwriters; a copy of the complete continuing	957
disclosure agreement pursuant to S.E.C. rule 15c2-12 or equivalent	958
rule as from time to time in effect; and any other pertinent	959
information requested by the director.	960

(5) Not later than thirty days after the end of a fiscal	961
year, each issuer of obligations subject to divisions (A) and (B)	962
of this section shall submit to the director and to the treasurer	963
of state a sale plan for the then current fiscal year for each	964
type of obligation, projecting the amount and term of each	965
issuance, the method of sale, and the month of sale.	966

(B) Issuers of obligations pursuant to section 3318.085 or	967
Chapter 175., 3366., 3706., 3737., 5537., 6121., or 6123. of the	968
Revised Code shall submit to the director copies of the	969
preliminary and final offering documents upon their availability	970
if not previously submitted pursuant to division (A) of this	971
section.	972

(C) Not later than the first day of January of each year,	973
every state agency obligated to make payments on outstanding	974
public obligations with respect to which fractionalized interests	975
have been publicly issued, such as certificates of participation,	976
shall submit a report to the director of the amounts payable from	977
state appropriations under those public obligations during the	978
then current and next two fiscal years, identifying the	979
appropriation or intended appropriation from which payment is	980
expected to be made.	981

(D)(1) Information relating generally to the historic,	982
current, or future demographics or economy or financial condition	983
or funds or general operations of the state, and descriptions of	984
any state contractual obligations relating to public obligations,	985
to be contained in any offering document, continuing disclosure	986
document, or written presentation prepared, approved, or provided,	987
or committed to be provided, by an issuer in connection with the	988
original issuance and sale of, or rating, remarketing, or credit	989
enhancement facilities relating to, public obligations referred to	990
in division (A) of this section shall be approved as to format and	991
accuracy by the director before being presented, published, or	992
disseminated in preliminary, draft, or final form, or publicly	993
filed in paper, electronic, or other format.	994

(2) Except for information described in division (D)(1) of	995
this section that is to be contained in an offering document,	996
continuing disclosure document, or written presentation, division	997
(D)(1) of this section does not inhibit direct communication	998
between an issuer and a rating agency, remarketing agent, or	999
credit enhancement provider concerning an issuance of public	1000
obligations referred to in division (A) of this section or matters	1001
associated with that issuance.	1002

(3) The materials approved and provided pursuant to division	1003
(D) of this section are the information relating to the particular	1004
subjects provided by the state or state agencies that are required	1005
or contemplated by any applicable state or federal securities laws	1006
and any commitments by the state or state agencies made under	1007
those laws. Reliance for the purpose should not be placed on any	1008
other information publicly provided, in any format including	1009
electronic, by any state agency for other purposes, including	1010
general information provided to the public or to portions of the	1011
public. A statement to that effect shall be included in those	1012
materials so approved or provided.	1013

(E) Issuers of obligations referred to in division (A) of	1014
this section may take steps, by formal agreement, covenants in the	1015
proceedings, or otherwise, as may be necessary or appropriate to	1016
comply or permit compliance with applicable lawful disclosure	1017
requirements relating to those obligations, and may, subject to	1018
division (D) of this section, provide, make available, or file	1019
copies of any required disclosure materials as necessary or	1020
appropriate. Any such formal agreement or covenant relating to	1021
subjects referred to in division (D) of this section, and any	1022
description of that agreement or covenant to be contained in any	1023
offering document, shall be approved by the director before being	1024
entered into or published or publicly disseminated in preliminary,	1025
draft, or final form or publicly filed in paper, electronic, or	1026
other format. The director shall be responsible for making all	1027
filings in compliance with those requirements relating to direct	1028
obligations of the state, including fractionalized interests in	1029
those obligations.	1030

(F) No state agency or official shall, without the approval	1031
of the director of budget and management, do either of the	1032
following:	1033

(1) Enter into or commit to enter into a public obligation	1034
under which fractionalized interests in the payments are to be	1035
publicly offered, which payments are anticipated to be made from	1036
money from any source appropriated or to be appropriated by the	1037
general assembly or in which the provision stated in section 9.94	1038
of the Revised Code is not included;	1039

(2) Except as otherwise expressly authorized for the purpose	1040
by law, agree or commit to provide, from money from any source to	1041
be appropriated in the future by the general assembly, financial	1042
assistance to or participation in the costs of capital facilities,	1043
or the payment of debt charges, directly or by way of a credit	1044
enhancement facility, a reserve, rental payments, or otherwise, on	1045
obligations issued to pay costs of capital facilities.	1046

(G) As used in this section, "interest rate hedge" has the	1047
same meaning as in section 9.98 of the Revised Code; "credit	1048
enhancement facilities," "debt charges," "fractionalized interests	1049
in public obligations," "obligor," "public issuer," and	1050
"securities" have the same meanings as in section 133.01 of the	1051
Revised Code; "public obligation" has the same meaning as in	1052
division (GG)(2) of section 133.01 of the Revised Code;	1053
"obligations" means securities or public obligations or	1054
fractionalized interests in them; "issuers" means issuers of	1055
securities or state obligors on public obligations; "offering	1056
document" means an official statement, offering circular, private	1057
placement memorandum, or prospectus, or similar document; and	1058
"director" means the director of budget and management or the	1059
employee of the office of budget and management designated by the	1060
director for the purpose.	1061

Sec. 131.02. (A) Except as otherwise provided in section	1062
4123.37 and division (J) of section 4123.511 of the Revised Code,	1063
whenever any amount is payable to the state, the officer,	1064
employee, or agent responsible for administering the law under	1065
which the amount is payable shall immediately proceed to collect	1066
the amount or cause the amount to be collected and shall pay the	1067
amount into the state treasury or into the appropriate custodial	1068
fund in the manner set forth pursuant to section 113.08 of the	1069
Revised Code. Except as otherwise provided in this division, if	1070
the amount is not paid within forty-five days after payment is	1071
due, the officer, employee, or agent shall certify the amount due	1072
to the attorney general, in the form and manner prescribed by the	1073
attorney general, and notify the director of budget and management	1074
thereof. In the case of an amount payable by a student enrolled in	1075
a state institution of higher education, the amount shall be	1076
certified within the later of forty-five days after the amount is	1077
due or the tenth day after the beginning of the next academic	1078
semester, quarter, or other session following the session for	1079
which the payment is payable. The attorney general may assess the	1080
collection cost to the amount certified in such manner and amount	1081
as prescribed by the attorney general.	1082

For the purposes of this section, the attorney general and	1083
the officer, employee, or agent responsible for administering the	1084
law under which the amount is payable shall agree on the time a	1085
payment is due, and that agreed upon time shall be one of the	1086
following times:	1087

(1) If a law, including an administrative rule, of this state	1088
prescribes the time a payment is required to be made or reported,	1089
when the payment is required by that law to be paid or reported.	1090

(2) If the payment is for services rendered, when the	1091
rendering of the services is completed.	1092

(3) If the payment is reimbursement for a loss, when the loss	1093
is incurred.	1094

(4) In the case of a fine or penalty for which a law or	1095
administrative rule does not prescribe a time for payment, when	1096
the fine or penalty is first assessed.	1097

(5) If the payment arises from a legal finding, judgment, or	1098
adjudication order, when the finding, judgment, or order is	1099
rendered or issued.	1100

(6) If the payment arises from an overpayment of money by the	1101
state to another person, when the overpayment is discovered.	1102

(7) The date on which the amount for which an individual is	1103
personally liable under section 5735.35, section 5739.33, or	1104
division (G) of section 5747.07 of the Revised Code is determined.	1105

(8) Upon proof of claim being filed in a bankruptcy case.

1106

(9) Any other appropriate time determined by the attorney	1107
general and the officer, employee, or agent responsible for	1108
administering the law under which the amount is payable on the	1109
basis of statutory requirements or ordinary business processes of	1110
the state agency to which the payment is owed.	1111

(B)(1) The attorney general shall give immediate notice by	1112
mail or otherwise to the party indebted of the nature and amount	1113
of the indebtedness.	1114

(2) If the amount payable to this state arises from a tax	1115
levied under Chapter 5733., 5739., 5741., 5747., or 5751. of the	1116
Revised Code, the notice also shall specify all of the following:	1117

(a) The assessment or case number;

1118

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

1119

(c) The reason for the liability, including, if applicable,	1120
that a penalty or interest is due;	1121

(d) An explanation of how and when interest will be added to	1122
the amount assessed;	1123

(e) That the attorney general and tax commissioner, acting	1124
together, have the authority, but are not required, to compromise	1125
the claim and accept payment over a reasonable time, if such	1126
actions are in the best interest of the state.	1127

(C) The attorney general shall collect the claim or secure a	1128
judgment and issue an execution for its collection.	1129

(D) Each claim shall bear interest, from the day on which the	1130
claim became due, at the rate per annum required by section	1131
5703.47 of the Revised Code.	1132

(E) The attorney general and the chief officer of the agency	1133
reporting a claim, acting together, may do any of the following if	1134
such action is in the best interests of the state:	1135

(1) Compromise the claim;

1136

(2) Extend for a reasonable period the time for payment of	1137
the claim by agreeing to accept monthly or other periodic	1138
payments. The agreement may require security for payment of the	1139
claim.	1140

(3) Add fees to recover the cost of processing checks or	1141
other draft instruments returned for insufficient funds and the	1142
cost of providing electronic payment options.	1143

(F)(1) Except as provided in division (F)(2) of this section,	1144
if the attorney general finds, after investigation, that any claim	1145
due and owing to the state is uncollectible, the attorney general,	1146
with the consent of the chief officer of the agency reporting the	1147
claim, may do the following:	1148

(a) Sell, convey, or otherwise transfer the claim to one or	1149
more private entities for collection;	1150

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

1151

(2) The attorney general shall cancel or cause to be canceled	1152
an unsatisfied claim on the date that is forty years after the	1153
date the claim is certified.	1154

(3) No initial action shall be commenced to collect any tax	1155
payable to the state that is administered by the tax commissioner,	1156
whether or not such tax is subject to division (B) of this	1157
section, or any penalty, interest, or additional charge on such	1158
tax, after the expiration of the period ending on the later of the	1159
dates specified in divisions (F)(3)(a) and (b) of this section,	1160
provided that such period shall be extended by the period of any	1161
stay to such collection or by any other period to which the	1162
parties mutually agree:. If the initial action in aid of execution	1163
is commenced before the later of the dates specified in divisions	1164
(F)(3)(a) and (b) of this section, any and all subsequent actions	1165
may be pursued in aid of execution of judgment for as long as the	1166
debt exists.	1167

(a) Seven years after the assessment of the tax, penalty,	1168
interest, or additional charge is issued.	1169

(b) Four years after the assessment of the tax, penalty,	1170
interest, or additional charge becomes final. For the purposes of	1171
division (F)(3)(b) of this section, the assessment becomes final	1172
at the latest of the following: upon expiration of the period to	1173
petition for reassessment, or if applicable, to appeal a final	1174
determination of the commissioner or decision of the board of tax	1175
appeals or a court, or, if applicable, upon decision of the United	1176
States supreme court.	1177

For the purposes of division (F)(3) of this section, an	1178
initial action to collect a tax debt is commenced at the time when	1179
any action, including any action in aid of execution on a	1180
judgment, commences after a certified copy of the tax	1181
commissioner's entry making an assessment final has been filed in	1182
the office of the clerk of court of common pleas in the county in	1183
which the taxpayer resides or has its principal place of business	1184
in this state, or in the office of the clerk of court of common	1185
pleas of Franklin county, as provided in section 5739.13, 5741.14,	1186
5747.13, or 5751.09 of the Revised Code or in any other applicable	1187
law requiring such a filing. If an assessment has not been issued	1188
and there is no time limitation on the issuance of an assessment	1189
under applicable law, an action to collect a tax debt commences	1190
when the action is filed in the courts of this state to collect	1191
the liability.	1192

(4) If information contained in a claim that is sold,	1193
conveyed, or transferred to a private entity pursuant to this	1194
section is confidential pursuant to federal law or a section of	1195
the Revised Code that implements a federal law governing	1196
confidentiality, such information remains subject to that law	1197
during and following the sale, conveyance, or transfer.	1198

Sec. 133.021.  The general assembly hereby finds and declares	1199
that the "Tax Reform Act of 1986" (the "Act") establishes a	1200
unified volume ceiling on the aggregate amount of private activity	1201
bonds that can be issued in each state. The amount of the unified	1202
volume ceiling shall be the amount determined as set forth in	1203
section 146(d) of the Internal Revenue Code.	1204

The general assembly further finds and declares that the Act	1205
requires the state to allocate its volume ceiling according to a	1206
specified formula unless a different procedure is established by	1207
the governor or general assembly.	1208

The general assembly further finds and declares that pursuant	1209
to authorization of state legislation the general assembly has, by	1210
division (D)(3) of section 133.02 of the Revised Code, effective	1211
October 30, 1989, provided for delegating such function to the	1212
governor and for further delegation as therein provided, subject	1213
to such prospectively effective actions as may subsequently be	1214
taken by the general assembly.	1215

The general assembly further finds and declares that it	1216
desires to by legislation provide for an efficient, effective, and	1217
equitable procedure under which the state will allocate the	1218
unified volume ceiling.	1219

The general assembly therefore finds and declares that it is	1220
necessary to create the joint select committee on volume cap to	1221
create a process for the allocation of the unified volume ceiling.	1222

(A) Pursuant to section 146(e)(2)(B)(ii) of the Internal	1223
Revenue Code, which provides that a state may by law provide a	1224
different formula for allocating the state ceiling, there is	1225
hereby created the joint select committee on volume cap to provide	1226
for the allocation and the reallocation of the unified volume	1227
ceiling among the governmental units (or other authorities) in the	1228
state having authority to issue tax exempt private activity bonds.	1229

(B) The committee shall consist of eight members. Two members	1230
shall be from the house of representatives appointed by the	1231
speaker of the house of representatives; two members shall be from	1232
the senate appointed by the president of the senate; and four	1233
members shall be appointed by the governor. Each member shall be	1234
selected for the member's knowledge and experience in tax exempt	1235
private activity bonds. The members shall serve at the pleasure of	1236
the appointing authority. A vacancy shall be filled in the same	1237
manner as the original appointment.	1238

(C) The purpose of the committee shall be to maximize the	1239
economic benefits of the unified volume ceiling to all citizens of	1240
the state. To this end, the joint select committee on volume cap	1241
shall:	1242

(1) Set forth procedures for making allocations, reallocation	1243
and carry forward of the state's unified volume ceiling in	1244
accordance with the Act;	1245

(2) Develop strategies for allocating and reallocating the	1246
unified volume ceiling which are designed to maximize the	1247
availability of tax exempt private activity bonds among competing	1248
sectors of the state.	1249

(D) To provide for the orderly and prompt issuance of private	1250
activity bonds, the committee is authorized to allocate the	1251
unified volume ceiling among those governmental units (or other	1252
authorities) in the state having authority to issue tax exempt	1253
private activity bonds. The committee shall reserve a portion of	1254
the unified volume ceiling to be allocated for multi-family rental	1255
housing projects. The committee in determination of unified volume	1256
ceiling allocations and reallocations shall consider the	1257
following:	1258

(1) The interest of the state with regard to long-term	1259
economic development, housing, education, redevelopment, and solid	1260
waste management;	1261

(2) The projected increase of jobs in the state;

1262

(3) The needs of political subdivisions.

1263

(E) The director of development shall adopt rules in	1264
accordance with Chapter 119. of the Revised Code to carry out the	1265
purposes of this section.	1266

(F) Any allocation of the state's unified volume ceiling	1267
pursuant to this section for the purposes of the issuance of	1268
student loan notes shall be awarded only to either of the	1269
following:	1270

(1) The nonprofit corporation designated under division (B)	1271
of section 3351.07 of the Revised Code;	1272

(2) The treasurer of state for the purposes of carrying out	1273
the student loan program described in Chapter 3366. of the Revised	1274
Code.	1275

Sec. 151.01.  (A) As used in sections 151.01 to 151.11 and	1276
151.40 of the Revised Code and in the applicable bond proceedings	1277
unless otherwise provided:	1278

(1) "Bond proceedings" means the resolutions, orders,	1279
agreements, and credit enhancement facilities, and amendments and	1280
supplements to them, or any one or more or combination of them,	1281
authorizing, awarding, or providing for the terms and conditions	1282
applicable to or providing for the security or liquidity of, the	1283
particular obligations, and the provisions contained in those	1284
obligations.	1285

(2) "Bond service fund" means the respective bond service	1286
fund created by section 151.03, 151.04, 151.05, 151.06, 151.07,	1287
151.08, 151.09, 151.10, 151.11, or 151.40 of the Revised Code, and	1288
any accounts in that fund, including all moneys and investments,	1289
and earnings from investments, credited and to be credited to that	1290
fund and accounts as and to the extent provided in the applicable	1291
bond proceedings.	1292

(3) "Capital facilities" means capital facilities or projects	1293
as referred to in section 151.03, 151.04, 151.05, 151.06, 151.07,	1294
151.08, 151.09, 151.10, 151.11, or 151.40 of the Revised Code.	1295

(4) "Costs of capital facilities" means the costs of	1296
acquiring, constructing, reconstructing, rehabilitating,	1297
remodeling, renovating, enlarging, improving, equipping, or	1298
furnishing capital facilities, and of the financing of those	1299
costs. "Costs of capital facilities" includes, without limitation,	1300
and in addition to costs referred to in section 151.03, 151.04,	1301
151.05, 151.06, 151.07, 151.08, 151.09, 151.10, 151.11, or 151.40	1302
of the Revised Code, the cost of clearance and preparation of the	1303
site and of any land to be used in connection with capital	1304
facilities, the cost of any indemnity and surety bonds and	1305
premiums on insurance, all related direct administrative expenses	1306
and allocable portions of direct costs of the issuing authority,	1307
costs of engineering and architectural services, designs, plans,	1308
specifications, surveys, and estimates of cost, financing costs,	1309
interest on obligations from their date to the time when interest	1310
is to be paid from sources other than proceeds of obligations,	1311
amounts necessary to establish any reserves as required by the	1312
bond proceedings, the reimbursement of all moneys advanced or	1313
applied by or borrowed from any person or governmental agency or	1314
entity for the payment of any item of costs of capital facilities,	1315
and all other expenses necessary or incident to planning or	1316
determining feasibility or practicability with respect to capital	1317
facilities, and such other expenses as may be necessary or	1318
incident to the acquisition, construction, reconstruction,	1319
rehabilitation, remodeling, renovation, enlargement, improvement,	1320
equipment, and furnishing of capital facilities, the financing of	1321
those costs, and the placing of the capital facilities in use and	1322
operation, including any one, part of, or combination of those	1323
classes of costs and expenses. For purposes of sections 122.085 to	1324
122.0820 of the Revised Code, "costs of capital facilities"	1325
includes "allowable costs" as defined in section 122.085 of the	1326
Revised Code.	1327

(5) "Credit enhancement facilities," "financing costs," and	1328
"interest" or "interest equivalent" have the same meanings as in	1329
section 133.01 of the Revised Code.	1330

(6) "Debt service" means principal, including any mandatory	1331
sinking fund or redemption requirements for retirement of	1332
obligations, interest and other accreted amounts, interest	1333
equivalent, and any redemption premium, payable on obligations. If	1334
not prohibited by the applicable bond proceedings, debt service	1335
may include costs relating to credit enhancement facilities that	1336
are related to and represent, or are intended to provide a source	1337
of payment of or limitation on, other debt service.	1338

(7) "Issuing authority" means the Ohio public facilities	1339
commission created in section 151.02 of the Revised Code for	1340
obligations issued under section 151.03, 151.04, 151.05, 151.07,	1341
151.08, 151.09, 151.10, or 151.11 of the Revised Code, or the	1342
treasurer of state, or the officer who by law performs the	1343
functions of that office, for obligations issued under section	1344
151.06 or 151.40 of the Revised Code.	1345

(8) "Net proceeds" means amounts received from the sale of	1346
obligations, excluding amounts used to refund or retire	1347
outstanding obligations, amounts required to be deposited into	1348
special funds pursuant to the applicable bond proceedings, and	1349
amounts to be used to pay financing costs.	1350

(9) "Obligations" means bonds, notes, or other evidences of	1351
obligation of the state, including any appertaining interest	1352
coupons, issued under Section 2k, 2l, 2m, 2n, 2o, 2p, or 15 of	1353
Article VIII, Ohio Constitution, and pursuant to sections 151.01	1354
to 151.11 or 151.40 of the Revised Code or other general assembly	1355
authorization.	1356

(10) "Principal amount" means the aggregate of the amount as	1357
stated or provided for in the applicable bond proceedings as the	1358
amount on which interest or interest equivalent on particular	1359
obligations is initially calculated. Principal amount does not	1360
include any premium paid to the state by the initial purchaser of	1361
the obligations. "Principal amount" of a capital appreciation	1362
bond, as defined in division (C) of section 3334.01 of the Revised	1363
Code, means its face amount, and "principal amount" of a zero	1364
coupon bond, as defined in division (J) of section 3334.01 of the	1365
Revised Code, means the discounted offering price at which the	1366
bond is initially sold to the public, disregarding any purchase	1367
price discount to the original purchaser, if provided for pursuant	1368
to the bond proceedings.	1369

(11) "Special funds" or "funds," unless the context indicates	1370
otherwise, means the bond service fund, and any other funds,	1371
including any reserve funds, created under the bond proceedings	1372
and stated to be special funds in those proceedings, including	1373
moneys and investments, and earnings from investments, credited	1374
and to be credited to the particular fund. Special funds do not	1375
include the school building program assistance fund created by	1376
section 3318.25 of the Revised Code, the higher education	1377
improvement fund created by division (F) of section 154.21 of the	1378
Revised Code, the highway capital improvement bond fund created by	1379
section 5528.53 of the Revised Code, the state parks and natural	1380
resources fund created by section 1557.02 of the Revised Code, the	1381
coal research and development fund created by section 1555.15 of	1382
the Revised Code, the clean Ohio conservation fund created by	1383
section 164.27 of the Revised Code, the clean Ohio revitalization	1384
fund created by section 122.658 of the Revised Code, the job ready	1385
site development fund created by section 122.0820 of the Revised	1386
Code, the third frontier research and development fund created by	1387
section 184.19 of the Revised Code, the third frontier research	1388
and development taxable bond fund created by section 184.191 of	1389
the Revised Code, or other funds created by the bond proceedings	1390
that are not stated by those proceedings to be special funds.	1391

(B) Subject to Section 2l, 2m, 2n, 2o, 2p, or 15, and Section	1392
17, of Article VIII, Ohio Constitution, the state, by the issuing	1393
authority, is authorized to issue and sell, as provided in	1394
sections 151.03 to 151.11 or 151.40 of the Revised Code, and in	1395
respective aggregate principal amounts as from time to time	1396
provided or authorized by the general assembly, general	1397
obligations of this state for the purpose of paying costs of	1398
capital facilities or projects identified by or pursuant to	1399
general assembly action.	1400

(C) Each issue of obligations shall be authorized by	1401
resolution or order of the issuing authority. The bond proceedings	1402
shall provide for or authorize the manner for determining the	1403
principal amount or maximum principal amount of obligations of an	1404
issue, the principal maturity or maturities, the interest rate or	1405
rates, the date of and the dates of payment of interest on the	1406
obligations, their denominations, and the place or places of	1407
payment of debt service which may be within or outside the state.	1408
Unless otherwise provided by law, the latest principal maturity	1409
may not be later than the earlier of the thirty-first day of	1410
December of the twenty-fifth calendar year after the year of	1411
issuance of the particular obligations or of the twenty-fifth	1412
calendar year after the year in which the original obligation to	1413
pay was issued or entered into. Sections 9.96, 9.98, 9.981, 9.982,	1414
and 9.983 of the Revised Code apply to obligations. The purpose of	1415
the obligations may be stated in the bond proceedings in general	1416
terms, such as, as applicable, "financing or assisting in the	1417
financing of projects as provided in Section 2l of Article VIII,	1418
Ohio Constitution," "financing or assisting in the financing of	1419
highway capital improvement projects as provided in Section 2m of	1420
Article VIII, Ohio Constitution," "paying costs of capital	1421
facilities for a system of common schools throughout the state as	1422
authorized by Section 2n of Article VIII, Ohio Constitution,"	1423
"paying costs of capital facilities for state-supported and	1424
state-assisted institutions of higher education as authorized by	1425
Section 2n of Article VIII, Ohio Constitution," "paying costs of	1426
coal research and development as authorized by Section 15 of	1427
Article VIII, Ohio Constitution," "financing or assisting in the	1428
financing of local subdivision capital improvement projects as	1429
authorized by Section 2m of Article VIII, Ohio Constitution,"	1430
"paying costs of conservation projects as authorized by Section 2o	1431
of Article VIII, Ohio Constitution," "paying costs of	1432
revitalization projects as authorized by Section 2o of Article	1433
VIII, Ohio Constitution," "paying costs of preparing sites for	1434
industry, commerce, distribution, or research and development as	1435
authorized by Section 2p of Article VIII, Ohio Constitution," or	1436
"paying costs of research and development as authorized by Section	1437
2p of Article VIII, Ohio Constitution."	1438

(D) The issuing authority may appoint or provide for the	1439
appointment of paying agents, bond registrars, securities	1440
depositories, clearing corporations, and transfer agents, and may	1441
without need for any other approval retain or contract for the	1442
services of underwriters, investment bankers, financial advisers,	1443
accounting experts, marketing, remarketing, indexing, and	1444
administrative agents, other consultants, and independent	1445
contractors, including printing services, as are necessary in the	1446
judgment of the issuing authority to carry out the issuing	1447
authority's functions under this chapter. When the issuing	1448
authority is the Ohio public facilities commission, the issuing	1449
authority also may without need for any other approval retain or	1450
contract for the services of attorneys and other professionals for	1451
that purpose. Financing costs are payable, as may be provided in	1452
the bond proceedings, from the proceeds of the obligations, from	1453
special funds, or from other moneys available for the purpose.	1454

(E) The bond proceedings may contain additional provisions	1455
customary or appropriate to the financing or to the obligations or	1456
to particular obligations including, but not limited to,	1457
provisions for:	1458

(1) The redemption of obligations prior to maturity at the	1459
option of the state or of the holder or upon the occurrence of	1460
certain conditions, and at particular price or prices and under	1461
particular terms and conditions;	1462

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

1463

(3) The establishment, deposit, investment, and application	1464
of special funds, and the safeguarding of moneys on hand or on	1465
deposit, in lieu of the applicability of provisions of Chapter	1466
131. or 135. of the Revised Code, but subject to any special	1467
provisions of sections 151.01 to 151.11 or 151.40 of the Revised	1468
Code with respect to the application of particular funds or	1469
moneys. Any financial institution that acts as a depository of any	1470
moneys in special funds or other funds under the bond proceedings	1471
may furnish indemnifying bonds or pledge securities as required by	1472
the issuing authority.	1473

(4) Any or every provision of the bond proceedings being	1474
binding upon the issuing authority and upon such governmental	1475
agency or entity, officer, board, commission, authority, agency,	1476
department, institution, district, or other person or body as may	1477
from time to time be authorized to take actions as may be	1478
necessary to perform all or any part of the duty required by the	1479
provision;	1480

(5) The maintenance of each pledge or instrument comprising	1481
part of the bond proceedings until the state has fully paid or	1482
provided for the payment of the debt service on the obligations or	1483
met other stated conditions;	1484

(6) In the event of default in any payments required to be	1485
made by the bond proceedings, or by any other agreement of the	1486
issuing authority made as part of a contract under which the	1487
obligations were issued or secured, including a credit enhancement	1488
facility, the enforcement of those payments by mandamus, a suit in	1489
equity, an action at law, or any combination of those remedial	1490
actions;	1491

(7) The rights and remedies of the holders or owners of	1492
obligations or of book-entry interests in them, and of third	1493
parties under any credit enhancement facility, and provisions for	1494
protecting and enforcing those rights and remedies, including	1495
limitations on rights of individual holders or owners;	1496

(8) The replacement of mutilated, destroyed, lost, or stolen	1497
obligations;	1498

(9) The funding, refunding, or advance refunding, or other	1499
provision for payment, of obligations that will then no longer be	1500
outstanding for purposes of this section or of the applicable bond	1501
proceedings;	1502

(10) Amendment of the bond proceedings;

1503

(11) Any other or additional agreements with the owners of	1504
obligations, and such other provisions as the issuing authority	1505
determines, including limitations, conditions, or qualifications,	1506
relating to any of the foregoing.	1507

(F) The great seal of the state or a facsimile of it may be	1508
affixed to or printed on the obligations. The obligations	1509
requiring execution by or for the issuing authority shall be	1510
signed as provided in the bond proceedings. Any obligations may be	1511
signed by the individual who on the date of execution is the	1512
authorized signer although on the date of these obligations that	1513
individual is not an authorized signer. In case the individual	1514
whose signature or facsimile signature appears on any obligation	1515
ceases to be an authorized signer before delivery of the	1516
obligation, that signature or facsimile is nevertheless valid and	1517
sufficient for all purposes as if that individual had remained the	1518
authorized signer until delivery.	1519

(G) Obligations are investment securities under Chapter 1308.	1520
of the Revised Code. Obligations may be issued in bearer or in	1521
registered form, registrable as to principal alone or as to both	1522
principal and interest, or both, or in certificated or	1523
uncertificated form, as the issuing authority determines.	1524
Provision may be made for the exchange, conversion, or transfer of	1525
obligations and for reasonable charges for registration, exchange,	1526
conversion, and transfer. Pending preparation of final	1527
obligations, the issuing authority may provide for the issuance of	1528
interim instruments to be exchanged for the final obligations.	1529

(H) Obligations may be sold at public sale or at private	1530
sale, in such manner, and at such price at, above or below par,	1531
all as determined by and provided by the issuing authority in the	1532
bond proceedings.	1533

(I) Except to the extent that rights are restricted by the	1534
bond proceedings, any owner of obligations or provider of a credit	1535
enhancement facility may by any suitable form of legal proceedings	1536
protect and enforce any rights relating to obligations or that	1537
facility under the laws of this state or granted by the bond	1538
proceedings. Those rights include the right to compel the	1539
performance of all applicable duties of the issuing authority and	1540
the state. Each duty of the issuing authority and that authority's	1541
officers, staff, and employees, and of each state entity or	1542
agency, or using district or using institution, and its officers,	1543
members, staff, or employees, undertaken pursuant to the bond	1544
proceedings, is hereby established as a duty of the entity or	1545
individual having authority to perform that duty, specifically	1546
enjoined by law and resulting from an office, trust, or station	1547
within the meaning of section 2731.01 of the Revised Code. The	1548
individuals who are from time to time the issuing authority,	1549
members or officers of the issuing authority, or those members'	1550
designees acting pursuant to section 151.02 of the Revised Code,	1551
or the issuing authority's officers, staff, or employees, are not	1552
liable in their personal capacities on any obligations or	1553
otherwise under the bond proceedings.	1554

(J)(1) Subject to Section 2k, 2l, 2m, 2n, 2o, 2p, or 15, and	1555
Section 17, of Article VIII, Ohio Constitution and sections 151.01	1556
to 151.11 or 151.40 of the Revised Code, the issuing authority	1557
may, in addition to the authority referred to in division (B) of	1558
this section, authorize and provide for the issuance of:	1559

(a) Obligations in the form of bond anticipation notes, and	1560
may provide for the renewal of those notes from time to time by	1561
the issuance of new notes. The holders of notes or appertaining	1562
interest coupons have the right to have debt service on those	1563
notes paid solely from the moneys and special funds that are or	1564
may be pledged to that payment, including the proceeds of bonds or	1565
renewal notes or both, as the issuing authority provides in the	1566
bond proceedings authorizing the notes. Notes may be additionally	1567
secured by covenants of the issuing authority to the effect that	1568
the issuing authority and the state will do all things necessary	1569
for the issuance of bonds or renewal notes in such principal	1570
amount and upon such terms as may be necessary to provide moneys	1571
to pay when due the debt service on the notes, and apply their	1572
proceeds to the extent necessary, to make full and timely payment	1573
of debt service on the notes as provided in the applicable bond	1574
proceedings. In the bond proceedings authorizing the issuance of	1575
bond anticipation notes the issuing authority shall set forth for	1576
the bonds anticipated an estimated schedule of annual principal	1577
payments the latest of which shall be no later than provided in	1578
division (C) of this section. While the notes are outstanding	1579
there shall be deposited, as shall be provided in the bond	1580
proceedings for those notes, from the sources authorized for	1581
payment of debt service on the bonds, amounts sufficient to pay	1582
the principal of the bonds anticipated as set forth in that	1583
estimated schedule during the time the notes are outstanding,	1584
which amounts shall be used solely to pay the principal of those	1585
notes or of the bonds anticipated.	1586

(b) Obligations for the refunding, including funding and	1587
retirement, and advance refunding with or without payment or	1588
redemption prior to maturity, of any obligations previously	1589
issued. Refunding obligations may be issued in amounts sufficient	1590
to pay or to provide for repayment of the principal amount,	1591
including principal amounts maturing prior to the redemption of	1592
the remaining prior obligations, any redemption premium, and	1593
interest accrued or to accrue to the maturity or redemption date	1594
or dates, payable on the prior obligations, and related financing	1595
costs and any expenses incurred or to be incurred in connection	1596
with that issuance and refunding. Subject to the applicable bond	1597
proceedings, the portion of the proceeds of the sale of refunding	1598
obligations issued under division (J)(1)(b) of this section to be	1599
applied to debt service on the prior obligations shall be credited	1600
to an appropriate separate account in the bond service fund and	1601
held in trust for the purpose by the issuing authority or by a	1602
corporate trustee. Obligations authorized under this division	1603
shall be considered to be issued for those purposes for which the	1604
prior obligations were issued.	1605

(2) Except as otherwise provided in sections 151.01 to 151.11	1606
or 151.40 of the Revised Code, bonds or notes authorized pursuant	1607
to division (J) of this section are subject to the provisions of	1608
those sections pertaining to obligations generally.	1609

(3) The principal amount of refunding or renewal obligations	1610
issued pursuant to division (J) of this section shall be in	1611
addition to the amount authorized by the general assembly as	1612
referred to in division (B) of the following sections: section	1613
151.03, 151.04, 151.05, 151.06, 151.07, 151.08, 151.09, 151.10,	1614
151.11, or 151.40 of the Revised Code.	1615

(K) Obligations are lawful investments for banks, savings and	1616
loan associations, credit union share guaranty corporations, trust	1617
companies, trustees, fiduciaries, insurance companies, including	1618
domestic for life and domestic not for life, trustees or other	1619
officers having charge of sinking and bond retirement or other	1620
special funds of the state and political subdivisions and taxing	1621
districts of this state, the sinking fund, the administrator of	1622
workers' compensation subject to the approval of the workers'	1623
compensation board, the state teachers retirement system, the	1624
public employees retirement system, the school employees	1625
retirement system, and the Ohio police and fire pension fund,	1626
notwithstanding any other provisions of the Revised Code or rules	1627
adopted pursuant to those provisions by any state agency with	1628
respect to investments by them, and are also acceptable as	1629
security for the repayment of the deposit of public moneys. The	1630
exemptions from taxation in Ohio as provided for in particular	1631
sections of the Ohio Constitution and section 5709.76 of the	1632
Revised Code apply to the obligations.	1633

(L)(1) Unless otherwise provided or provided for in any	1634
applicable bond proceedings, moneys to the credit of or in a	1635
special fund shall be disbursed on the order of the issuing	1636
authority. No such order is required for the payment, from the	1637
bond service fund or other special fund, when due of debt service	1638
or required payments under credit enhancement facilities.	1639

(2) Payments received by the state under interest rate hedges	1640
entered into as credit enhancement facilities under this chapter	1641
shall be deposited to the credit of the bond service fund for the	1642
obligations to which those credit enhancement facilities relate.	1643

(M) The full faith and credit, revenue, and taxing power of	1644
the state are and shall be pledged to the timely payment of debt	1645
service on outstanding obligations as it comes due, all in	1646
accordance with Section 2k, 2l, 2m, 2n, 2o, 2p, or 15 of Article	1647
VIII, Ohio Constitution, and section 151.03, 151.04, 151.05,	1648
151.06, 151.07, 151.08, 151.09, 151.10, or 151.11 of the Revised	1649
Code. Moneys referred to in Section 5a of Article XII, Ohio	1650
Constitution, may not be pledged or used for the payment of debt	1651
service except on obligations referred to in section 151.06 of the	1652
Revised Code. Net state lottery proceeds, as provided for and	1653
referred to in section 3770.06 of the Revised Code, may not be	1654
pledged or used for the payment of debt service except on	1655
obligations referred to in section 151.03 of the Revised Code. The	1656
state covenants, and that covenant shall be controlling	1657
notwithstanding any other provision of law, that the state and the	1658
applicable officers and agencies of the state, including the	1659
general assembly, shall, so long as any obligations are	1660
outstanding in accordance with their terms, maintain statutory	1661
authority for and cause to be levied, collected and applied	1662
sufficient pledged excises, taxes, and revenues of the state so	1663
that the revenues shall be sufficient in amounts to pay debt	1664
service when due, to establish and maintain any reserves and other	1665
requirements, and to pay financing costs, including costs of or	1666
relating to credit enhancement facilities, all as provided for in	1667
the bond proceedings. Those excises, taxes, and revenues are and	1668
shall be deemed to be levied and collected, in addition to the	1669
purposes otherwise provided for by law, to provide for the payment	1670
of debt service and financing costs in accordance with sections	1671
151.01 to 151.11 of the Revised Code and the bond proceedings.	1672

(N) The general assembly may from time to time repeal or	1673
reduce any excise, tax, or other source of revenue pledged to the	1674
payment of the debt service pursuant to Section 2k, 2l, 2m, 2n,	1675
2o, 2p, or 15 of Article VIII, Ohio Constitution, and sections	1676
151.01 to 151.11 or 151.40 of the Revised Code, and may levy,	1677
collect and apply any new or increased excise, tax, or revenue to	1678
meet the pledge, to the payment of debt service on outstanding	1679
obligations, of the state's full faith and credit, revenue and	1680
taxing power, or of designated revenues and receipts, except fees,	1681
excises or taxes referred to in Section 5a of Article XII, Ohio	1682
Constitution, for other than obligations referred to in section	1683
151.06 of the Revised Code and except net state lottery proceeds	1684
for other than obligations referred to in section 151.03 of the	1685
Revised Code. Nothing in division (N) of this section authorizes	1686
any impairment of the obligation of this state to levy and collect	1687
sufficient excises, taxes, and revenues to pay debt service on	1688
obligations outstanding in accordance with their terms.	1689

(O) Each bond service fund is a trust fund and is hereby	1690
pledged to the payment of debt service on the applicable	1691
obligations. Payment of that debt service shall be made or	1692
provided for by the issuing authority in accordance with the bond	1693
proceedings without necessity for any act of appropriation. The	1694
bond proceedings may provide for the establishment of separate	1695
accounts in the bond service fund and for the application of those	1696
accounts only to debt service on specific obligations, and for	1697
other accounts in the bond service fund within the general	1698
purposes of that fund.	1699

(P) Subject to the bond proceedings pertaining to any	1700
obligations then outstanding in accordance with their terms, the	1701
issuing authority may in the bond proceedings pledge all, or such	1702
portion as the issuing authority determines, of the moneys in the	1703
bond service fund to the payment of debt service on particular	1704
obligations, and for the establishment and maintenance of any	1705
reserves for payment of particular debt service.	1706

(Q) The issuing authority shall by the fifteenth day of July	1707
of each fiscal year, certify or cause to be certified to the	1708
office of budget and management the total amount of moneys	1709
required during the current fiscal year to meet in full all debt	1710
service on the respective obligations and any related financing	1711
costs payable from the applicable bond service fund and not from	1712
the proceeds of refunding or renewal obligations. The issuing	1713
authority shall make or cause to be made supplemental	1714
certifications to the office of budget and management for each	1715
debt service payment date and at such other times during each	1716
fiscal year as may be provided in the bond proceedings or	1717
requested by that office. Debt service, costs of credit	1718
enhancement facilities, and other financing costs shall be set	1719
forth separately in each certification. If and so long as the	1720
moneys to the credit of the bond service fund, together with any	1721
other moneys available for the purpose, are insufficient to meet	1722
in full all payments when due of the amount required as stated in	1723
the certificate or otherwise, the office of budget and management	1724
shall at the times as provided in the bond proceedings, and	1725
consistent with any particular provisions in sections 151.03 to	1726
151.11 and 151.40 of the Revised Code, transfer a sufficient	1727
amount to the bond service fund from the pledged revenues in the	1728
case of obligations issued pursuant to section 151.40 of the	1729
Revised Code, and in the case of other obligations from the	1730
revenues derived from excises, taxes, and other revenues,	1731
including net state lottery proceeds in the case of obligations	1732
referred to in section 151.03 of the Revised Code.	1733

(R) Unless otherwise provided in any applicable bond	1734
proceedings, moneys to the credit of special funds may be invested	1735
by or on behalf of the state only in one or more of the following:	1736

(1) Notes, bonds, or other direct obligations of the United	1737
States or of any agency or instrumentality of the United States,	1738
or in no-front-end-load money market mutual funds consisting	1739
exclusively of those obligations, or in repurchase agreements,	1740
including those issued by any fiduciary, secured by those	1741
obligations, or in collective investment funds consisting	1742
exclusively of those obligations;	1743

(2) Obligations of this state or any political subdivision of	1744
this state;	1745

(3) Certificates of deposit of any national bank located in	1746
this state and any bank, as defined in section 1101.01 of the	1747
Revised Code, subject to inspection by the superintendent of	1748
financial institutions;	1749

(4) The treasurer of state's pooled investment program under	1750
section 135.45 of the Revised Code.	1751

The income from investments referred to in division (R) of	1752
this section shall, unless otherwise provided in sections 151.01	1753
to 151.11 or 151.40 of the Revised Code, be credited to special	1754
funds or otherwise as the issuing authority determines in the bond	1755
proceedings. Those investments may be sold or exchanged at times	1756
as the issuing authority determines, provides for, or authorizes.	1757

(S) The treasurer of state shall have responsibility for	1758
keeping records, making reports, and making payments, relating to	1759
any arbitrage rebate requirements under the applicable bond	1760
proceedings.	1761

Sec. 151.09. (A) As used in this section:

1762

(1) "Costs of conservation projects" includes related direct	1763
administrative expenses and allocable portions of the direct costs	1764
of those projects of the department of agriculture, the department	1765
of natural resources, or the Ohio public works commission.	1766

(2) "Obligations" means obligations as defined in section	1767
151.01 of the Revised Code issued to pay costs of projects for	1768
conservation purposes as referred to in division (A)(1) of Section	1769
2o of Article VIII, Ohio Constitution.	1770

(B)(1) The issuing authority shall issue general obligations	1771
of the state to pay costs of conservation projects pursuant to	1772
division (B)(1) of Section 2o of Article VIII, Ohio Constitution,	1773
section 151.01 of the Revised Code, and this section. The issuing	1774
authority, upon the certification to it by the Ohio public works	1775
commission of amounts needed in and for the purposes of the clean	1776
Ohio conservation fund created by section 164.27 of the Revised	1777
Code, the clean Ohio agricultural easement fund created by section	1778
901.21 of the Revised Code, and the clean Ohio trail fund created	1779
by section 1519.05 of the Revised Code, shall issue obligations in	1780
the amount determined by the issuing authority to be required for	1781
those purposes. The totalNot more than two hundred million	1782
dollars principal amount of obligations issued under this section	1783
shall not exceed two hundred million dollarsfor conservation	1784
purposes may be outstanding at any one time. Not more than fifty	1785
million dollars principal amount of obligations, plus the	1786
principal amount of obligations that in any prior fiscal year	1787
could have been, but were not issued within the	1788
fifty-million-dollar fiscal year limit, may be issued in any	1789
fiscal year.	1790

(2) In making the certification required under division	1791
(B)(1) of this section, the Ohio public works commission shall	1792
consult with the department of agriculture and the department of	1793
natural resources. The commission shall certify amounts that	1794
correspond to the distribution of the net proceeds of obligations	1795
provided in division (C) of this section.	1796

(C) Net proceeds of obligations shall be deposited as	1797
follows:	1798

(1) Seventy-five per cent into the clean Ohio conservation	1799
fund created by section 164.27 of the Revised Code;	1800

(2) Twelve and one-half per cent into the clean Ohio	1801
agricultural easement fund created by section 901.21 of the	1802
Revised Code;	1803

(3) Twelve and one-half per cent into the clean Ohio trail	1804
fund created by section 1519.05 of the Revised Code.	1805

(D) There is hereby created in the state treasury the	1806
conservation projects bond service fund. All moneys received by	1807
the state and required by the bond proceedings, consistent with	1808
section 151.01 of the Revised Code and this section, to be	1809
deposited, transferred, or credited to the bond service fund, and	1810
all other moneys transferred or allocated to or received for the	1811
purposes of that fund, shall be deposited and credited to the bond	1812
service fund, subject to any applicable provisions of the bond	1813
proceedings, but without necessity for any act of appropriation.	1814
During the period beginning with the date of the first issuance of	1815
obligations and continuing during the time that any obligations	1816
are outstanding in accordance with their terms, so long as moneys	1817
in the bond service fund are insufficient to pay debt service when	1818
due on those obligations payable from that fund, except the	1819
principal amounts of bond anticipation notes payable from the	1820
proceeds of renewal notes or bonds anticipated, and due in the	1821
particular fiscal year, a sufficient amount of revenues of the	1822
state is committed and, without necessity for further act of	1823
appropriation, shall be paid to the bond service fund for the	1824
purpose of paying that debt service when due.	1825

Sec. 151.10.  (A) As used in this section:

1826

(1) "Costs of research and development projects" includes	1827
related direct administrative expenses and allocable portions of	1828
the direct costs of those projects, costs of capital facilities,	1829
and working capital, all for the following:	1830

(a) Attracting researchers and research teams by endowing	1831
research chairs or otherwise;	1832

(b) Activities to develop and commercialize products and	1833
processes;	1834

(c) Intellectual property matters such as copyrights and	1835
patents;	1836

(d) Property interests including timesharing arrangements,	1837
capital formation, direct operating costs, and costs of research	1838
and facilities including interests in real property therefore; and	1839

(e) Support for public and private institutions of higher	1840
education, research organizations or institutions, and private	1841
sector entities.	1842

(2) "Obligations" means obligations as defined in section	1843
151.01 of the Revised Code issued to pay costs of projects for	1844
research and development purposes as referred to in division	1845
(A)(2) of Section 2p of Article VIII, Ohio Constitution.	1846

(3) "Project" means any research and development project, as	1847
defined in section 184.10 of the Revised Code, or facility,	1848
including undivided or other interests, acquired or to be	1849
acquired, constructed or to be constructed, or operating or to be	1850
operated by a person doing business in this state or by an	1851
educational or scientific institution located in this state with	1852
all or part of the cost of the project being paid from a grant or	1853
loan from the third frontier research and development fund or the	1854
third frontier research and development taxable bond fund or a	1855
loan guaranteed under Chapter 184. of the Revised Code, including	1856
all buildings and facilities determined necessary for the	1857
operation of the project, together with all property, rights,	1858
easements, and interests that may be required for the operation of	1859
the project.	1860

(B) The issuing authority shall issue general obligations of	1861
the state to pay costs of research and development projects	1862
pursuant to division (B)(2) of Section 2p of Article VIII, Ohio	1863
Constitution, section 151.01 of the Revised Code, and this	1864
section. The issuing authority shall issue obligations in the	1865
amount determined by the issuing authority to be required for	1866
those purposes. The total principal amount of obligations issued	1867
under this section shall not exceed five hundred million dollars.	1868

(C) Net proceeds of obligations shall be deposited into the	1869
third frontier research and development fund created by section	1870
184.19 of the Revised Code or into the third frontier research and	1871
development taxable bond fund created by section 184.191 of the	1872
Revised Code if the obligations are federally taxable.	1873

(D) There is hereby created in the state treasury the third	1874
frontier research and development projects bond service fund. All	1875
moneys received by the state and required by the bond proceedings,	1876
consistent with section 151.01 of the Revised Code and this	1877
section, to be deposited, transferred, or credited to the bond	1878
service fund, and all other moneys transferred or allocated to or	1879
received for the purposes of that fund, shall be deposited and	1880
credited to the bond service fund, subject to any applicable	1881
provisions of the bond proceedings, but without necessity for any	1882
act of appropriation. During the period beginning with the date of	1883
the first issuance of obligations and continuing during the time	1884
that any obligations are outstanding in accordance with their	1885
terms, so long as moneys in the bond service fund are insufficient	1886
to pay debt service when due on those obligations payable from	1887
that fund, except the principal amounts of bond anticipation notes	1888
payable from the proceeds of renewal notes or bonds anticipated,	1889
and due in the particular fiscal year, a sufficient amount of	1890
revenues of the state is committed and, without necessity for	1891
further act of appropriation, shall be paid to the bond service	1892
fund for the purpose of paying that debt service when due.	1893

Sec. 151.40. (A) As used in this section:

1894

(1) "Bond proceedings" includes any trust agreements, and any	1895
amendments or supplements to them, as authorized by this section.	1896

(2) "Costs of revitalization projects" includes related	1897
direct administrative expenses and allocable portions of the	1898
direct costs of those projects of the department of development or	1899
the environmental protection agency.	1900

(3) "Issuing authority" means the treasurer of state.

1901

(4) "Obligations" means obligations as defined in section	1902
151.01 of the Revised Code issued to pay the costs of projects for	1903
revitalization purposes as referred to in division (A)(2) of	1904
Section 2o of Article VIII, Ohio Constitution.	1905

(5) "Pledged liquor profits" means all receipts of the state	1906
representing the gross profit on the sale of spirituous liquor, as	1907
referred to in division (B)(4) of section 4301.10 of the Revised	1908
Code, after paying all costs and expenses of the division of	1909
liquor control and providing an adequate working capital reserve	1910
for the division of liquor control as provided in that division,	1911
but excluding the sum required by the second paragraph of section	1912
4301.12 of the Revised Code, as it was in effect on May 2, 1980,	1913
to be paid into the state treasury.	1914

(6) "Pledged receipts" means, as and to the extent provided	1915
in bond proceedings:	1916

(a) Pledged liquor profits. The pledge of pledged liquor	1917
profits to obligations is subject to the priority of the pledge of	1918
those profits to obligations issued and to be issued pursuant to	1919
Chapter 166. of the Revised Code.	1920

(b) Moneys accruing to the state from the lease, sale, or	1921
other disposition or use of revitalization projects or from the	1922
repayment, including any interest, of loans or advances made from	1923
net proceeds;	1924

(c) Accrued interest received from the sale of obligations;

1925

(d) Income from the investment of the special funds;

1926

(e) Any gifts, grants, donations, or pledges, and receipts	1927
therefrom, available for the payment of debt service;	1928

(f) Additional or any other specific revenues or receipts	1929
lawfully available to be pledged, and pledged, pursuant to further	1930
authorization by the general assembly, to the payment of debt	1931
service.	1932

(B)(1) The issuing authority shall issue obligations of the	1933
state to pay costs of revitalization projects pursuant to division	1934
(B)(2) of Section 2o of Article VIII, Ohio Constitution, section	1935
151.01 of the Revised Code as applicable to this section, and this	1936
section. The issuing authority, upon the certification to it by	1937
the clean Ohio council of the amount of moneys needed in and for	1938
the purposes of the clean Ohio revitalization fund created by	1939
section 122.658 of the Revised Code, shall issue obligations in	1940
the amount determined by the issuing authority to be required for	1941
those purposes. The totalNot more than two hundred million	1942
dollars principal amount of obligations issued under this section	1943
shall not exceed two hundred million dollarsfor revitalization	1944
purposes may be outstanding at any one time. Not more than fifty	1945
million dollars principal amount of obligations, plus the	1946
principal amount of obligations that in any prior fiscal year	1947
could have been, but were not issued within the	1948
fifty-million-dollar fiscal year limit, may be issued in any	1949
fiscal year. The	1950

(2) The provisions and authorizations in section 151.01 of	1951
the Revised Code apply to the obligations and the bond proceedings	1952
except as otherwise provided or provided for in those obligations	1953
and bond proceedings.	1954

(C) Net proceeds of obligations shall be deposited in the	1955
clean Ohio revitalization fund created in section 122.658 of the	1956
Revised Code.	1957

(D) There is hereby created the revitalization projects bond	1958
service fund, which shall be in the custody of the treasurer of	1959
state, but shall be separate and apart from and not a part of the	1960
state treasury. All money received by the state and required by	1961
the bond proceedings, consistent with section 151.01 of the	1962
Revised Code and this section, to be deposited, transferred, or	1963
credited to the bond service fund, and all other money transferred	1964
or allocated to or received for the purposes of that fund, shall	1965
be deposited and credited to the bond service fund, subject to any	1966
applicable provisions of the bond proceedings, but without	1967
necessity for any act of appropriation. During the period	1968
beginning with the date of the first issuance of obligations and	1969
continuing during the time that any obligations are outstanding in	1970
accordance with their terms, so long as moneys in the bond service	1971
fund are insufficient to pay debt service when due on those	1972
obligations payable from that fund, except the principal amounts	1973
of bond anticipation notes payable from the proceeds of renewal	1974
notes or bonds anticipated, and due in the particular fiscal year,	1975
a sufficient amount of pledged receipts is committed and, without	1976
necessity for further act of appropriation, shall be paid to the	1977
bond service fund for the purpose of paying that debt service when	1978
due.	1979

(E) The issuing authority may pledge all, or such portion as	1980
the issuing authority determines, of the pledged receipts to the	1981
payment of the debt service charges on obligations issued under	1982
this section, and for the establishment and maintenance of any	1983
reserves, as provided in the bond proceedings, and make other	1984
provisions in the bond proceedings with respect to pledged	1985
receipts as authorized by this section, which provisions are	1986
controlling notwithstanding any other provisions of law pertaining	1987
to them.	1988

(F) The issuing authority may covenant in the bond	1989
proceedings, and such covenants shall be controlling	1990
notwithstanding any other provision of law, that the state and	1991
applicable officers and state agencies, including the general	1992
assembly, so long as any obligations issued under this section are	1993
outstanding, shall maintain statutory authority for and cause to	1994
be charged and collected wholesale or retail prices for spirituous	1995
liquor sold by the state or its agents so that the available	1996
pledged receipts are sufficient in time and amount to meet debt	1997
service payable from pledged liquor profits and for the	1998
establishment and maintenance of any reserves and other	1999
requirements provided for in the bond proceedings.	2000

(G) Obligations may be further secured, as determined by the	2001
issuing authority, by a trust agreement between the state and a	2002
corporate trustee, which may be any trust company or bank having	2003
its principal place of business within the state. Any trust	2004
agreement may contain the resolution or order authorizing the	2005
issuance of the obligations, any provisions that may be contained	2006
in any bond proceedings, and other provisions that are customary	2007
or appropriate in an agreement of that type, including, but not	2008
limited to:	2009

(1) Maintenance of each pledge, trust agreement, or other	2010
instrument comprising part of the bond proceedings until the state	2011
has fully paid or provided for the payment of debt service on the	2012
obligations secured by it;	2013

(2) In the event of default in any payments required to be	2014
made by the bond proceedings, enforcement of those payments or	2015
agreements by mandamus, the appointment of a receiver, suit in	2016
equity, action at law, or any combination of them;	2017

(3) The rights and remedies of the holders or owners of	2018
obligations and of the trustee and provisions for protecting and	2019
enforcing them, including limitations on rights of individual	2020
holders and owners.	2021

(H) The obligations shall not be general obligations of the	2022
state and the full faith and credit, revenue, and taxing power of	2023
the state shall not be pledged to the payment of debt service on	2024
them. The holders or owners of the obligations shall have no right	2025
to have any moneys obligated or pledged for the payment of debt	2026
service except as provided in this section and in the applicable	2027
bond proceedings. The rights of the holders and owners to payment	2028
of debt service are limited to all or that portion of the pledged	2029
receipts, and those special funds, pledged to the payment of debt	2030
service pursuant to the bond proceedings in accordance with this	2031
section, and each obligation shall bear on its face a statement to	2032
that effect.	2033

Sec. 152.09.  (A) As used in sections 152.06 and 152.09 to	2034
152.33 of the Revised Code:	2035

(1) "Obligations" means bonds, notes, or other evidences of	2036
obligation, including interest coupons pertaining thereto, issued	2037
pursuant to sections 152.09 to 152.33 of the Revised Code.	2038

(2) "State agencies" means the state of Ohio and branches,	2039
officers, boards, commissions, authorities, departments,	2040
divisions, courts, general assembly, or other units or agencies of	2041
the state. "State agency" also includes counties, municipal	2042
corporations, and governmental entities of this state that enter	2043
into leases with the Ohio building authority pursuant to section	2044
152.31 of the Revised Code or that are designated by law as state	2045
agencies for the purpose of performing a state function that is to	2046
be housed by a capital facility for which the Ohio building	2047
authority is authorized to issue revenue obligations pursuant to	2048
sections 152.09 to 152.33 of the Revised Code.	2049

(3) "Bond service charges" means principal, including	2050
mandatory sinking fund requirements for retirement of obligations,	2051
and interest, and redemption premium, if any, required to be paid	2052
by the Ohio building authority on obligations.	2053

(4) "Capital facilities" means buildings, structures, and	2054
other improvements, and equipment, real estate, and interests in	2055
real estate therefor, within the state, and any one, part of, or	2056
combination of the foregoing, for housing of branches and agencies	2057
of state government, including capital facilities for the purpose	2058
of housing personnel, equipment, or functions, or any combination	2059
thereof that the state agencies are responsible for housing, for	2060
which the Ohio building authority is authorized to issue	2061
obligations pursuant to Chapter 152. of the Revised Code, and	2062
includes storage and parking facilities related to such capital	2063
facilities. "Capital facilities" does not include capital	2064
facilities for institutions of higher education financed in whole	2065
or in part under section 154.21 of the Revised Code.	2066

(5) "Cost of capital facilities" means the costs of	2067
assessing, planning, acquiring, constructing, reconstructing,	2068
rehabilitating, remodeling, renovating, enlarging, improving,	2069
altering, maintaining, equipping, furnishing, repairing, painting,	2070
decorating, managing, or operating capital facilities, and the	2071
financing thereof, including the cost of clearance and preparation	2072
of the site and of any land to be used in connection with capital	2073
facilities, the cost of participating in capital facilities	2074
pursuant to section 152.33 of the Revised Code, the cost of any	2075
indemnity and surety bonds and premiums on insurance, all related	2076
direct administrative expenses and allocable portions of direct	2077
costs of the authority and lessee state agencies, cost of	2078
engineering and architectural services, designs, plans,	2079
specifications, surveys, and estimates of cost, legal fees, fees	2080
and expenses of trustees, depositories, and paying agents for the	2081
obligations, cost of issuance of the obligations and financing	2082
charges and fees and expenses of financial advisers and	2083
consultants in connection therewith, interest on obligations from	2084
the date thereof to the time when interest is to be covered from	2085
sources other than proceeds of obligations, amounts that represent	2086
the portion of investment earnings to be rebated or to be paid to	2087
the federal government in order to maintain the exclusion from	2088
gross income for federal income tax purposes of interest on those	2089
obligations pursuant to section 148(f) of the Internal Revenue	2090
Code, amounts necessary to establish reserves as required by the	2091
resolutions or the obligations, trust agreements, or indentures,	2092
costs of audits, the reimbursement of all moneys advanced or	2093
applied by or borrowed from any governmental entity, whether to or	2094
by the authority or others, from whatever source provided, for the	2095
payment of any item or items of cost of the capital facilities,	2096
any share of the cost undertaken by the authority pursuant to	2097
arrangements made with governmental entities under division (J) of	2098
section 152.21 of the Revised Code, and all other expenses	2099
necessary or incident to assessing, planning, or determining the	2100
feasibility or practicability with respect to capital facilities,	2101
and such other expenses as may be necessary or incident to the	2102
assessment, planning, acquisition, construction, reconstruction,	2103
rehabilitation, remodeling, renovation, enlargement, improvement,	2104
alteration, maintenance, equipment, furnishing, repair, painting,	2105
decoration, management, or operation of capital facilities, the	2106
financing thereof and the placing of the same in use and	2107
operation, including any one, part of, or combination of such	2108
classes of costs and expenses.	2109

(6) "Governmental entity" means any state agency, municipal	2110
corporation, county, township, school district, and any other	2111
political subdivision or special district in this state	2112
established pursuant to law, and, except where otherwise	2113
indicated, also means the United States or any of the states or	2114
any department, division, or agency thereof, and any agency,	2115
commission, or authority established pursuant to an interstate	2116
compact or agreement.	2117

(7) "Governing body" means:

2118

(a) In the case of a county, the board of county	2119
commissioners or other legislative authority; in the case of a	2120
municipal corporation, the legislative authority; in the case of a	2121
township, the board of township trustees; in the case of a school	2122
district, the board of education;	2123

(b) In the case of any other governmental entity, the	2124
officer, board, commission, authority, or other body having the	2125
general management of the entity or having jurisdiction or	2126
authority in the particular circumstances.	2127

(8) "Available receipts" means fees, charges, revenues,	2128
grants, subsidies, income from the investment of moneys, proceeds	2129
from the sale of goods or services, and all other revenues or	2130
receipts received by or on behalf of any state agency for which	2131
capital facilities are financed with obligations issued under	2132
Chapter 152. of the Revised Code, any state agency participating	2133
in capital facilities pursuant to section 152.33 of the Revised	2134
Code, or any state agency by which the capital facilities are	2135
constructed or financed; revenues or receipts derived by the	2136
authority from the operation, leasing, or other disposition of	2137
capital facilities, and the proceeds of obligations issued under	2138
Chapter 152. of the Revised Code; and also any moneys appropriated	2139
by a governmental entity, gifts, grants, donations, and pledges,	2140
and receipts therefrom, available for the payment of bond service	2141
charges on such obligations.	2142

(B) Pursuant to the powers granted to the general assembly	2143
under Section 2i of Article VIII, Ohio Constitution, to authorize	2144
the issuance of revenue obligations and other obligations, the	2145
owners or holders of which are not given the right to have excises	2146
or taxes levied by the general assembly for the payment of	2147
principal thereof or interest thereon, the Ohio building authority	2148
may issue obligations, in accordance with Chapter 152. of the	2149
Revised Code, and shall cause the net proceeds thereof, after any	2150
deposits of accrued interest for the payment of bond service	2151
charges and after any deposit of all or such lesser portion as the	2152
authority may direct of the premium received upon the sale of	2153
those obligations for the payment of the bond service charges, to	2154
be applied to the costs of capital facilities designated by or	2155
pursuant to act of the general assembly for housing state agencies	2156
as authorized by Chapter 152. of the Revised Code. The authority	2157
shall provide by resolution for the issuance of such obligations.	2158
The bond service charges and all other payments required to be	2159
made by the trust agreement or indenture securing such obligations	2160
shall be payable solely from available receipts of the authority	2161
pledged thereto as provided in such resolution. The available	2162
receipts pledged and thereafter received by the authority are	2163
immediately subject to the lien of such pledge without any	2164
physical delivery thereof or further act, and the lien of any such	2165
pledge is valid and binding against all parties having claims of	2166
any kind against the authority, irrespective of whether those	2167
parties have notice thereof, and creates a perfected security	2168
interest for all purposes of Chapter 1309. of the Revised Code and	2169
a perfected lien for purposes of any real property interest, all	2170
without the necessity for separation or delivery of funds or for	2171
the filing or recording of the resolution, trust agreement,	2172
indenture, or other agreement by which such pledge is created or	2173
any certificate, statement, or other document with respect	2174
thereto; and the pledge of such available receipts is effective	2175
and the money therefrom and thereof may be applied to the purposes	2176
for which pledged. Every pledge, and every covenant and agreement	2177
made with respect to the pledge, made in the resolution may	2178
therein be extended to the benefit of the owners and holders of	2179
obligations authorized by Chapter 152. of the Revised Code, and to	2180
any trustee therefor, for the further securing of the payment of	2181
the bond service charges, and all or any rights under any	2182
agreement or lease made under this section may be assigned for	2183
such purpose. Obligations may be issued at one time or from time	2184
to time, and each issue shall be dated, shall mature at such time	2185
or times as determined by the authority not exceeding forty years	2186
from the date of issue, and may be redeemable before maturity at	2187
the option of the authority at such price or prices and under such	2188
terms and conditions as are fixed by the authority prior to the	2189
issuance of the obligations. The authority shall determine the	2190
form of the obligations, fix their denominations, establish their	2191
interest rate or rates, which may be a variable rate or rates, or	2192
the maximum interest rate, and establish within or without this	2193
state a place or places of payment of bond service charges.	2194

(C) The obligations shall be signed by the authority	2195
chairperson, vice-chairperson, and secretary-treasurer, and the	2196
authority seal shall be affixed. The signatures may be facsimile	2197
signatures and the seal affixed may be a facsimile seal, as	2198
provided by resolution of the authority. Any coupons attached may	2199
bear the facsimile signature of the chairperson. In case any	2200
officer who has signed any obligations, or caused the officer's	2201
facsimile signature to be affixed thereto, ceases to be such	2202
officer before such obligations have been delivered, such	2203
obligations may, nevertheless, be issued and delivered as though	2204
the person who had signed the obligations or caused the person's	2205
facsimile signature to be affixed thereto had not ceased to be	2206
such officer.	2207

Any obligations may be executed on behalf of the authority by	2208
an officer who, on the date of execution, is the proper officer	2209
although on the date of such obligations such person was not the	2210
proper officer.	2211

(D) All obligations issued by the authority shall have all	2212
the qualities and incidents of negotiable instruments and may be	2213
issued in coupon or in registered form, or both, as the authority	2214
determines. Provision may be made for the registration of any	2215
obligations with coupons attached thereto as to principal alone or	2216
as to both principal and interest, their exchange for obligations	2217
so registered, and for the conversion or reconversion into	2218
obligations with coupons attached thereto of any obligations	2219
registered as to both principal and interest, and for reasonable	2220
charges for such registration, exchange, conversion, and	2221
reconversion. The authority may sell its obligations in any manner	2222
and for such prices as it determines, except that the authority	2223
shall sell obligations sold at public or private sale in	2224
accordance with section 152.091 of the Revised Code.	2225

(E) The obligations of the authority, principal, interest,	2226
and any proceeds from their sale or transfer, are exempt from all	2227
taxation within this state.	2228

(F) The authority is authorized to issue revenue obligations	2229
and other obligations under Section 2i of Article VIII, Ohio	2230
Constitution, for the purpose of paying the cost of capital	2231
facilities for housing of branches and agencies of state	2232
government, including capital facilities for the purpose of	2233
housing personnel, equipment, or functions, or any combination	2234
thereof that the state agencies are responsible for housing, as	2235
are authorized by Chapter 152. of the Revised Code, and that are	2236
authorized by the general assembly by the appropriation of lease	2237
payments or other moneys for such capital facilities or by any	2238
other act of the general assembly, but not including the	2239
appropriation of moneys for feasibility studies for such capital	2240
facilities. This division does not authorize the authority to	2241
issue obligations pursuant to Section 2i of Article VIII, Ohio	2242
Constitution, to pay the cost of capital facilities for mental	2243
hygiene and retardation, parks and recreation, or state-supported	2244
or state-assisted institutions of higher education.	2245

Sec. 152.18.  Whenever the Ohio building authority	2246
constructs, reconstructs, rehabilitates, remodels, renovates,	2247
enlarges, improves, alters, maintains, equips, furnishes, repairs,	2248
paints, or decorates capital facilities pursuant to section	2249
152.19, 152.21, or 152.31 of the Revised Code or buildings,	2250
facilities, and other properties for use and occupancy of persons	2251
pursuant to section 152.04 of the Revised Code, the authority	2252
shall make the necessary plans and specifications, and shall	2253
advertise for bids for all work to be placed under contract once a	2254
week for two consecutive weeks in a newspaper of general	2255
circulation in the county within which the work is to be done, and	2256
shall award the contract to the lowest responsive and responsible	2257
bidder in accordance with section 9.312 of the Revised Code. When	2258
the authority determines, subject to approval by the controlling	2259
board, that a real and present emergency exists or if the cost of	2260
such a contract does not exceed fifty thousand dollars, such a	2261
contract may be awarded without advertising and receipt of bids. A	2262
bid guaranty pursuant to sections 153.54 to 153.571 of the Revised	2263
Code shall be required for any contract under this section.	2264

In all other cases of capital facilities financed by the	2265
authority, the construction, reconstruction, rehabilitation,	2266
remodeling, renovation, enlargement, improvement, alteration,	2267
maintenance, equipmentequipping, furnishing, repair, painting, or	2268
decoration of capital facilities by or for the state or any	2269
governmental entity shall be the responsibility of the department	2270
of administrative services, division of public works, or, with the	2271
consent of the department of administrative services, shall be the	2272
responsibility of the state agency using the capital facility, or	2273
the governmental entity with which a state agency is participating	2274
pursuant to section 152.33 of the Revised Code, and shall be	2275
undertaken by the department in compliance with Chapter 153. of	2276
the Revised Code, or by such state agency or governmental entity	2277
in accordance with otherwise applicable law.	2278

Sec. 152.19.  (A) The Ohio building authority may assess,	2279
plan, acquire, purchase, construct, reconstruct, rehabilitate,	2280
remodel, renovate, enlarge, improve, alter, maintain, equip,	2281
furnish, repair, paint, decorate, manage, and operate capital	2282
facilities for the use of state agencies on one or more sites	2283
within the state.	2284

(B) In the exercise of any of the authority granted by	2285
division (A) of this section, the Ohio building authority may	2286
follow the procedures of section 125.81 of the Revised Code.	2287

Sec. 152.21.  With respect to capital facilities described in	2288
sections 152.19 and 152.31 of the Revised Code, the Ohio building	2289
authority may:	2290

(A) Acquire, by appropriation subject to Chapter 163. of the	2291
Revised Code, or by gift, grant, lease, or purchase; hold; lease;	2292
mortgage in the case of capital facilities the real property or	2293
interest therein of which was not acquired by the authority	2294
pursuant to sections 152.05 and 152.06 of the Revised Code;	2295
convey; and dispose of real estate and interests in real estate	2296
and personal property suitable for its purposes, including options	2297
and rights of first refusal to acquire;	2298

(B) AcquireAssess, plan, acquire, purchase, construct,	2299
reconstruct, rehabilitate, remodel, renovate, enlarge, improve,	2300
alter, maintain, equip, furnish, repair, paint, decorate, and	2301
operate capital facilities as provided in sections 152.18, 152.19,	2302
and 152.31 of the Revised Code;	2303

(C) Issue obligations to secure funds to accomplish its	2304
purposes as more fully set forth in sections 152.09 to 152.33 of	2305
the Revised Code;	2306

(D) Enter into contracts and execute all instruments	2307
necessary in the conduct of its business;	2308

(E) Fix, alter, and charge rentals for the use and occupancy	2309
of its capital facilities and enter into leases for such use and	2310
occupancy as provided in section 152.24 of the Revised Code;	2311

(F) Employ financial consultants, appraisers, consulting	2312
engineers, architects, superintendents, managers, construction and	2313
accounting experts, attorneys at law, and other employees and	2314
agents as are necessary, in its judgment, and fix their	2315
compensation;	2316

(G)(1) Manage, allocate space in, and have general custodial	2317
care and supervision of its capital facilities or enter into	2318
contracts with the department of administrative services or the	2319
using state agency or governmental entity for such purposes;.	2320

(2) With respect to any other capital facility, manage,	2321
allocate space in, and have general custodial care and supervision	2322
of the facility if it contains at least two hundred thousand	2323
square feet of space. A state agency or governmental entity that	2324
receives the authority's management, general custodial care, and	2325
supervision services, or the department of administrative	2326
services, shall pay the authority for those services. The	2327
authority and the department of administrative services, state	2328
agency, or governmental entity shall enter into an agreement that	2329
specifies the payment amount.	2330

(H) Pledge, hypothecate, or otherwise encumber all or such	2331
portion as it determines of the available receipts to the payment	2332
of bond service charges on obligations or series of obligations	2333
issued pursuant to Chapter 152. of the Revised Code and for the	2334
establishment and maintenance of any reserves, as provided in the	2335
bond resolution, and make other provisions therein with respect to	2336
such available receipts as authorized by Chapter 152. of the	2337
Revised Code, which shall be controlling notwithstanding any other	2338
provisions of law pertaining thereto, and enter into trust	2339
agreements or indentures for the benefit of holders of its	2340
obligations;	2341

(I) Borrow money or accept advances, loans, gifts, grants,	2342
devises, or bequests from, and enter into contracts or agreements	2343
with, any federal agency or other governmental or private source,	2344
and hold and apply advances, loans, gifts, grants, devises, or	2345
bequests according to the terms thereof. Such advances, loans,	2346
gifts, grants, or devises of real estate may be in fee simple or	2347
of any lesser estate and may be subject to any reasonable	2348
reservations. Any advances or loans received from any federal or	2349
other governmental or private source may be repaid in accordance	2350
with the terms of such advance or loan.	2351

(J) Enter into lawful arrangements with the appropriate	2352
governmental entity for the planning and installation of streets	2353
and sidewalks, public utility facilities, and other necessary	2354
appurtenances to its capital facilities, and grant necessary	2355
easements for such purposes;	2356

(K) Purchase property insurance, including all risk or	2357
extended coverage, and boiler, rents, and public liability	2358
insurance for or relating to its propertycapital facilities;	2359

(L) Establish rules for the use and operation of its	2360
buildings andcapital facilities;	2361

(M) Do all other acts necessary to the fulfillment of its	2362
purposes.	2363

Any instrument by which real property is acquired pursuant to	2364
this section shall identify the agency of the state that has the	2365
use and benefit of the real property as specified in section	2366
5301.012 of the Revised Code.	2367

Sec. 152.24.  (A) Except as otherwise provided with respect	2368
to leasing of capital facilities in sections 152.241, 152.242,	2369
152.31, and 152.33 of the Revised Code, the department of	2370
administrative services or, with the consent of the department of	2371
administrative services, the state agency using an office facility	2372
and related storage and parking facilities, or participating in	2373
such facilities pursuant to section 152.33 of the Revised Code,	2374
shall lease any office facility and related storage and lparking	2375
parking facility acquired, purchased, constructed, reconstructed,	2376
rehabilitated, remodeled, renovated, enlarged, improved, altered,	2377
operated, maintained, equipped, furnished, repaired, painted,	2378
decorated, or financed by the Ohio building authority for housing	2379
any state agencies. An agreement between the authority and the	2380
department of administrative services or such using or	2381
participating agency may provide for the transfer of the property	2382
to the state after bonds and notes issued by the authority for the	2383
purpose of the acquisition, purchase, construction,	2384
reconstruction, rehabilitation, remodeling, renovation,	2385
enlargement, improvement, alteration, equipping, furnishing,	2386
repair, painting, decorating, or financing of such building or	2387
facility have been repaid. A lease between the authority and the	2388
department of administrative services or a using or participating	2389
agency shall be for a period not exceeding the then current	2390
two-year period for which appropriations have been made by the	2391
general assembly to the department of administrative services and	2392
the state agencies which will occupy or participate in the office	2393
facility and related storage and parking facility being leased,	2394
and such lease may contain such other terms as the department of	2395
administrative services, or a using or participating agency, and	2396
the authority agree notwithstanding any other provision of law,	2397
including provision that rental payments in amounts at least	2398
sufficient to pay bond service charges payable during the current	2399
two-year lease term shall be an absolute and unconditional	2400
obligation of the department of administrative services, or the	2401
using or participating agency, independent of all other duties	2402
under the lease without setoff or deduction or any other similar	2403
rights or defenses. Such an agreement may provide for renewal of a	2404
lease at the end of each term for another term, not exceeding two	2405
years, provided that no renewal shall be effective until the	2406
effective date of an appropriation enacted by the general assembly	2407
from which the department of administrative services, or the using	2408
or participating agency, may lawfully pay rentals under such	2409
lease. For purposes of this section, the term "lease" may include,	2410
without limitation, any agreement between the department of	2411
administrative services, or the using or participating agency, and	2412
the authority with respect to any costs of capital facilities to	2413
be incurred prior to land acquisition.	2414

(B) If the director of administrative services or the	2415
director of a state agency using or participating in an office	2416
facility and related storage and parking facility certifies that	2417
space in such facility acquired, purchased, constructed,	2418
reconstructed, rehabilitated, remodeled, renovated, enlarged,	2419
improved, altered, operated, maintained, equipped, furnished,	2420
repaired, painted, decorated, or financed by the authority has	2421
become unnecessary for state use, the authority may lease any	2422
excess space in such facility and related storage and parking	2423
facility to any governmental entity.	2424

(C) If space in any office facility leased by the authority	2425
to the department of administrative services is not immediately	2426
necessary for state use, the department of administrative services	2427
may exercise its authority under division (A)(9) of section 123.01	2428
of the Revised Code with respect to such space.	2429

(D) Capital facilities acquired, purchased, constructed,	2430
reconstructed, rehabilitated, remodeled, renovated, enlarged,	2431
improved, altered, operated, maintained, equipped, furnished,	2432
repaired, painted, decorated, or financed by the Ohio building	2433
authority, other than any office facility and related storage and	2434
parking facility required to be leased pursuant to division (A) of	2435
this section, shall be leased to the department of administrative	2436
services or to, the state agency using the capital facilities, or	2437
the state agency participating in the capital facilities pursuant	2438
to section 152.33 of the Revised Code. The department of	2439
administrative services or the using or participating state agency	2440
may sublease such capital facilities to other state agencies or	2441
other governmental entities. Such parties, including other state	2442
agencies or state-supported or state-assisted institutions of	2443
higher education, may make other agreements for the use,	2444
construction, or operation of such capital facilities in any	2445
manner permitted by the lease or agreement with the authority and	2446
for the charging, collection, and deposit of such revenues and	2447
receipts of the using or participating state agency constituting	2448
available receipts, all upon such terms and conditions as the	2449
parties may agree upon and pursuant to this chapter	2450
notwithstanding other provisions of law affecting the leasing,	2451
acquisition, operation, or disposition of capital facilities by	2452
such parties. Any such lease between the authority and the	2453
department of administrative services or a using or participating	2454
state agency shall be for a period not to exceed the then current	2455
two-year period for which appropriations have been made by the	2456
general assembly to the department of administrative services or	2457
such using or participating state agency. The lease between the	2458
authority and the department of administrative services or the	2459
using or participating state agency may provide for renewal of the	2460
lease at the end of each term for another term, not exceeding two	2461
years, but no renewal shall be effective until the effective date	2462
of an appropriation enacted by the general assembly from which the	2463
department of administrative services or the using or	2464
participating state agency may lawfully pay rentals under such	2465
lease. Any such leases, subleases, or agreements may set forth the	2466
responsibilities of the authority, state agencies,	2467
state-supported, or state-assisted institutions of higher	2468
education, or other governmental entities as to the financing,	2469
assessment, planning, acquisition, purchase, construction,	2470
reconstruction, rehabilitation, remodeling, renovation,	2471
enlargement, improvement, alteration, subleasing, management,	2472
operation, maintenance, equipping, furnishing, repair, painting,	2473
decorating, and insuring of such capital facilities and other	2474
terms and conditions applicable thereto, and any other provisions	2475
mutually agreed upon for the purposes of this chapter. Promptly	2476
upon execution thereof, a signed or conformed copy of each such	2477
lease or sublease or agreement, and any supplement thereto,	2478
between the authority and a governmental entity shall be filed by	2479
the authority with the department of administrative services and	2480
the director of budget and management, and, promptly upon	2481
execution thereof, a signed or conformed copy of each such	2482
sublease or agreement between two governmental entities, not	2483
including the authority, shall be filed with the authority and the	2484
director of budget and management. For purposes of this section,	2485
the term "lease" may include, without limitation, any agreement	2486
between the department of administrative services or the state	2487
agency using or participating in such capital facilities and the	2488
authority with respect to any costs of capital facilities to be	2489
incurred prior to land acquisition.	2490

(E) The transfer of tangible personal property by lease under	2491
authority of this chapter is not a sale as used in Chapter 5739.	2492
of the Revised Code. Any agreement of a governmental entity to	2493
make rental, use, or other payments or payment of purchase price,	2494
in installments or otherwise, or repayments to or on account of	2495
the authority and the obligations issued by the authority, shall	2496
not be deemed to constitute indebtedness, bonded or otherwise, or	2497
bonds, notes, or other evidence of indebtedness of such	2498
governmental entity for the purpose of Chapter 133. of the Revised	2499
Code or any other purpose; such leases and agreements requiring	2500
payments beyond the current fiscal year are continuing contracts	2501
for the purposes of sections 5705.41 and 5705.44 of the Revised	2502
Code.	2503

(F) Any agreement between the department of administrative	2504
services or the state agency using or participating in such	2505
capital facilities and the authority whichthat includes provision	2506
for the use of space by such using or participating state agency	2507
or the department of administrative services, even if executed	2508
prior to land acquisition or completion of construction,	2509
improvements, or financing, shall be a lease for purposes of this	2510
chapter and for all other purposes. No such lease need be recorded	2511
or recordable for purposes of determining its validity or legal	2512
sufficiency.	2513

Sec. 152.242.  Notwithstanding section 152.24 of the Revised	2514
Code, the Ohio building authority may, with the approval of the	2515
office of budget and management, lease capital facilities to the	2516
bureau of workers' compensation.	2517

Upon the repayment of obligations of the authority, including	2518
refunding obligations, issued for the acquisition of any capital	2519
facility of the bureau, the authority shall transfer ownership of	2520
the capital facility to the bureau.	2521

Sec. 152.26.  In the exercise of its powers under section	2522
152.19, 152.21, or 152.31 of the Revised Code, the Ohio building	2523
authority shall cause bids to be let and awarded for the	2524
construction, reconstruction, rehabilitation, remodeling,	2525
renovation, enlargement, improvement, alteration, furnishing, and	2526
equipping, repair, painting, and decorating of the buildings and	2527
facilities and pay the costs and supervise the accomplishment	2528
thereof, or the authority may enter into a contract with the	2529
administrator of workers' compensation for the construction of one	2530
or more buildings on one or more sites in the state. If such a	2531
building is constructed by the administrator, it shall be leased	2532
to the authority for leasing, operation, and maintenance by the	2533
authority or subsequent leasing by the authority to the department	2534
of administrative services. Rentals shall be fixed by the	2535
authority in such case so that the costs of construction are	2536
repaid to the state insurance fund with the same average rate of	2537
interest as though state insurance fund moneys were invested in	2538
obligations of the authority.	2539

In the process of inviting bids and awarding contracts, the	2540
authority shall be guided by the procedures set forth in sections	2541
153.01 to 153.20 of the Revised Code.	2542

The department of administrative services and all agencies of	2543
the state government shall cooperate with the authority and the	2544
legislative office building committee in supplying any services or	2545
information and in relocating offices to carry out this chapter.	2546

Sec. 169.13.  (A) All agreements to pay a fee, compensation,	2547
commission, or other remuneration to locate, deliver, recover, or	2548
assist in the recovery of unclaimed funds reported under section	2549
169.03 of the Revised Code, entered into within two years	2550
immediately after the date a report is filed under division (C) of	2551
section 169.03 of the Revised Code, are invalid.	2552

(B) An agreement entered into any time after such two-year	2553
period is valid only if both of the following conditions are met:	2554

(1) The aggregate fee, compensation, commission, or other	2555
remuneration agreed upon, paid directly or indirectly, is not in	2556
excess of ten per cent of the amount recovered and paid to the	2557
owner by the auditordirector of statebudget and management;	2558

(2) The agreement is in writing, signed by the owner, and	2559
discloses all of the following items:	2560

(a) The nature and value of the property;

2561

(b) The amount the owner will receive after the fee or	2562
compensation has been subtracted;	2563

(c) The name and address of the person or entity in	2564
possession of the property.	2565

(C) No person shall receive a fee, compensation, commission,	2566
or other remuneration, or engage in any activity for the purpose	2567
of locating, delivering, recovering, or assisting in the recovery	2568
of unclaimed funds, under an agreement that is invalid under this	2569
section.	2570

(D) Whoever violates division (C) of this section is guilty	2571
of a misdemeanor of the first degree for a first offense and of a	2572
felony of the fifth degree for each subsequent offense.	2573

Sec. 184.191.  The third frontier research and development	2574
taxable bond fund is hereby created in the state treasury. The	2575
fund shall consist of the net proceeds of federally taxable	2576
obligations issued and sold by the issuing authority pursuant to	2577
sections 151.01 and 151.10 of the Revised Code. Investment	2578
earnings of the fund shall be credited to the fund. Moneys in the	2579
fund shall be used in accordance with sections 184.10 to 184.18	2580
and 184.20 of the Revised Code and for associated administrative	2581
expenses.	2582

Sec. 333.02.  Before December 1, 2006June 1, 2007, a board	2583
of county commissioners of a county that levies a county sales and	2584
use tax may enter into an agreement with any person that proposes	2585
to construct an impact facility in the county to provide payments	2586
to that person of up to seventy-five per cent of the county sales	2587
and use tax collected on each retail sale made by that person at	2588
the facility, for a term of up to ten years, or until the person's	2589
qualifying investment in the impact facility has been realized	2590
through the payments, whichever occurs first.	2591

Sec. 333.04. (A) After review of the items submitted under	2592
division (A) of section 333.03 of the Revised Code, and after	2593
receipt of the certification from the director of development	2594
under division (B) of that section, a board of county	2595
commissioners, before December 1, 2006June 1, 2007, may enter	2596
into an agreement under section 333.02 of the Revised Code,	2597
provided that the board has determined all of the following:	2598

(1) The proposed impact facility is economically sound;

2599

(2) Construction of the proposed impact facility has not	2600
begun prior to the day the agreement is entered into;	2601

(3) The impact facility will benefit the county by increasing	2602
employment opportunities and strengthening the local and regional	2603
economy; and	2604

(4) Receiving payments from the board of county commissioners	2605
is a major factor in the person's decision to go forward with	2606
construction of the impact facility.	2607

(B) An agreement entered into under this section shall	2608
include all of the following:	2609

(1) A description of the impact facility that is the subject	2610
of the agreement, including the existing investment level, if any,	2611
the proposed amount of investments, the scheduled starting and	2612
completion dates for the facility, and the number and type of	2613
full-time equivalent positions to be created at the facility;	2614

(2) The percentage of the county sales and use tax collected	2615
at the impact facility that will be used to make payments to the	2616
person entering into the agreement;	2617

(3) The term of the payments and the first calendar quarter	2618
in which the person may apply for a payment under section 333.06	2619
of the Revised Code;	2620

(4) A requirement that the amount of payments made to the	2621
person during the term established under division (B)(3) of this	2622
section shall not exceed the person's qualifying investment, and	2623
that all payments cease when that amount is reached;	2624

(5) A requirement that the person maintain operations at the	2625
impact facility for at least the term established under division	2626
(B)(3) of this section;	2627

(6) A requirement that the person annually certify to the	2628
board of county commissioners, on or before a date established by	2629
the board in the agreement, the level of investment in, the number	2630
of employees and type of full-time equivalent positions at, and	2631
the amount of county sales and use tax collected and remitted to	2632
the tax commissioner or treasurer of state from sales made at, the	2633
facility;	2634

(7) A provision stating that the creation of the proposed	2635
impact facility does not involve the relocation of more than ten	2636
full-time equivalent positions and two million dollars in taxable	2637
assets to the impact facility from another facility owned by the	2638
person, or a related member of the person, that is located in	2639
another political subdivision of this state, other than the	2640
political subdivision in which the impact facility is or will be	2641
located;	2642

(8) A provision stating that the person will not relocate	2643
more than ten full-time equivalent positions and two million	2644
dollars in taxable assets to the impact facility from another	2645
facility in another political subdivision of this state during the	2646
term of the payments without the written approval of the director	2647
of development;	2648

(9) A detailed explanation of how the person determined that	2649
more than fifty per cent of the visitors to the facility live at	2650
least one hundred miles from the facility.	2651

(C) For purposes of this section, the transfer of a full-time	2652
equivalent position or taxable asset from another political	2653
subdivision in this state to the political subdivision in which	2654
the impact facility is or will be located shall be considered a	2655
relocation, unless the person refills the full-time equivalent	2656
position, or replaces the taxable asset with an asset of equal or	2657
greater taxable value, within six months after the transfer. The	2658
person may not receive a payment under this chapter for any year	2659
in which more than ten relocations occurred without the written	2660
consent of the board of county commissioners.	2661

Sec. 340.03.  (A) Subject to rules issued by the director of	2662
mental health after consultation with relevant constituencies as	2663
required by division (A)(11) of section 5119.06 of the Revised	2664
Code, with regard to mental health services, the board of alcohol,	2665
drug addiction, and mental health services shall:	2666

(1) Serve as the community mental health planning agency for	2667
the county or counties under its jurisdiction, and in so doing it	2668
shall:	2669

(a) Evaluate the need for facilities and community mental	2670
health services;	2671

(b) In cooperation with other local and regional planning and	2672
funding bodies and with relevant ethnic organizations, assess the	2673
community mental health needs, set priorities, and develop plans	2674
for the operation of facilities and community mental health	2675
services;	2676

(c) In accordance with guidelines issued by the director of	2677
mental health after consultation with board representatives,	2678
develop and submit to the department of mental health, no later	2679
than six months prior to the conclusion of the fiscal year in	2680
which the board's current plan is scheduled to expire, a community	2681
mental health plan listing community mental health needs,	2682
including the needs of all residents of the district now residing	2683
in state mental institutions and severely mentally disabled	2684
adults, children, and adolescents; all children subject to a	2685
determination made pursuant to section 121.38 of the Revised Code;	2686
and all the facilities and community mental health services that	2687
are or will be in operation or provided during the period for	2688
which the plan will be in operation in the service district to	2689
meet such needs.	2690

The plan shall include, but not be limited to, a statement of	2691
which of the services listed in section 340.09 of the Revised Code	2692
the board intends to provide or purchase,make available. The	2693
board must include crisis intervention services for individuals in	2694
an emergency situation in the plan and explain how the board	2695
intends to make such services available. The plan must also	2696
include an explanation of how the board intends to make any	2697
payments that it may be required to pay under section 5119.62 of	2698
the Revised Code, a statement of the inpatient and community-based	2699
services the board proposes that the department operate, an	2700
assessment of the number and types of residential facilities	2701
needed, and such other information as the department requests, and	2702
a budget for moneys the board expects to receive. The board shall	2703
also submit an allocation request for state and federal funds.	2704
Within sixty days after the department's determination that the	2705
plan and allocation request are complete, the department shall	2706
approve or disapprove the plan and request, in whole or in part,	2707
according to the criteria developed pursuant to section 5119.61 of	2708
the Revised Code. The department's statement of approval or	2709
disapproval shall specify the inpatient and the community-based	2710
services that the department will operate for the board.	2711
Eligibility for financial support shall be contingent upon an	2712
approved plan or relevant part of a plan.	2713

If the director disapproves all or part of any plan, the	2714
director shall inform the board of the reasons for the disapproval	2715
and of the criteria that must be met before the plan may be	2716
approved. The director shall provide the board an opportunity to	2717
present its case on behalf of the plan. The director shall give	2718
the board a reasonable time in which to meet the criteria, and	2719
shall offer the board technical assistance to help it meet the	2720
criteria.	2721

If the approval of a plan remains in dispute thirty days	2722
prior to the conclusion of the fiscal year in which the board's	2723
current plan is scheduled to expire, the board or the director may	2724
request that the dispute be submitted to a mutually agreed upon	2725
third-party mediator with the cost to be shared by the board and	2726
the department. The mediator shall issue to the board and the	2727
department recommendations for resolution of the dispute. Prior to	2728
the conclusion of the fiscal year in which the current plan is	2729
scheduled to expire, the director, taking into consideration the	2730
recommendations of the mediator, shall make a final determination	2731
and approve or disapprove the plan, in whole or in part.	2732

If a board determines that it is necessary to amend a plan or	2733
an allocation request that has been approved under division	2734
(A)(1)(c) of this section, the board shall submit a proposed	2735
amendment to the director. The director may approve or disapprove	2736
all or part of the amendment. If the director does not approve all	2737
or part of the amendment within thirty days after it is submitted,	2738
the amendment or part of it shall be considered to have been	2739
approved. The director shall inform the board of the reasons for	2740
disapproval of all or part of an amendment and of the criteria	2741
that must be met before the amendment may be approved. The	2742
director shall provide the board an opportunity to present its	2743
case on behalf of the amendment. The director shall give the board	2744
a reasonable time in which to meet the criteria, and shall offer	2745
the board technical assistance to help it meet the criteria.	2746

The board shall implement the plan approved by the	2747
department.	2748

(d) Receive, compile, and transmit to the department of	2749
mental health applications for state reimbursement;	2750

(e) Promote, arrange, and implement working agreements with	2751
social agencies, both public and private, and with judicial	2752
agencies.	2753

(2) Investigate, or request another agency to investigate,	2754
any complaint alleging abuse or neglect of any person receiving	2755
services from a community mental health agency as defined in	2756
section 5122.01 of the Revised Code, or from a residential	2757
facility licensed under section 5119.22 of the Revised Code. If	2758
the investigation substantiates the charge of abuse or neglect,	2759
the board shall take whatever action it determines is necessary to	2760
correct the situation, including notification of the appropriate	2761
authorities. Upon request, the board shall provide information	2762
about such investigations to the department.	2763

(3) For the purpose of section 5119.611 of the Revised Code,	2764
cooperate with the director of mental health in visiting and	2765
evaluating whether the services of a community mental health	2766
agency satisfy the certification standards established by rules	2767
adopted under that section;	2768

(4) In accordance with criteria established under division	2769
(G) of section 5119.61 of the Revised Code, review and evaluate	2770
the quality, effectiveness, and efficiency of services provided	2771
through its community mental health plan and submit its findings	2772
and recommendations to the department of mental health;	2773

(5) In accordance with section 5119.22 of the Revised Code,	2774
review applications for residential facility licenses and	2775
recommend to the department of mental health approval or	2776
disapproval of applications;	2777

(6) Audit, in accordance with rules adopted by the auditor of	2778
state pursuant to section 117.20 of the Revised Code, at least	2779
annually all programs and services provided under contract with	2780
the board. In so doing, the board may contract for or employ the	2781
services of private auditors. A copy of the fiscal audit report	2782
shall be provided to the director of mental health, the auditor of	2783
state, and the county auditor of each county in the board's	2784
district.	2785

(7) Recruit and promote local financial support for mental	2786
health programs from private and public sources;	2787

(8)(a) Enter into contracts with public and private	2788
facilities for the operation of facility services included in the	2789
board's community mental health plan and enter into contracts with	2790
public and private community mental health agencies for the	2791
provision of community mental health services listed in section	2792
340.09 of the Revised Code and included in the board's community	2793
mental health plan. Contracts with community mental health	2794
agencies are subject to section 5119.611 of the Revised Code.	2795
Section 307.86 of the Revised Code does not apply to contracts	2796
entered into under this division. In contracting with a community	2797
mental health agency, a board shall consider the cost	2798
effectiveness of services provided by that agency and the quality	2799
and continuity of care, and may review cost elements, including	2800
salary costs, of the services to be provided. A utilization review	2801
process shall be established as part of the contract for services	2802
entered into between a board and a community mental health agency.	2803
The board may establish this process in a way that is most	2804
effective and efficient in meeting local needs. In the case of a	2805
contract with a community mental health facility, as defined in	2806
section 5111.023 of the Revised Code, to provide services listed	2807
in division (B) of that section, the contract shall provide for	2808
the facility to be paid in accordance with the contract entered	2809
into between the departments of job and family services and mental	2810
health under section 5111.91 of the Revised Code and any rules	2811
adopted under division (A) of section 5119.61 of the Revised Code.	2812

If either the board or a facility or community mental health	2813
agency with which the board contracts under division (A)(8)(a) of	2814
this section proposes not to renew the contract or proposes	2815
substantial changes in contract terms, the other party shall be	2816
given written notice at least one hundred twenty days before the	2817
expiration date of the contract. During the first sixty days of	2818
this one hundred twenty-day period, both parties shall attempt to	2819
resolve any dispute through good faith collaboration and	2820
negotiation in order to continue to provide services to persons in	2821
need. If the dispute has not been resolved sixty days before the	2822
expiration date of the contract, either party may notify the	2823
department of mental health of the unresolved dispute. The	2824
director may require both parties to submit the dispute to a third	2825
party with the cost to be shared by the board and the facility or	2826
community mental health agency. The third party shall issue to the	2827
board, the facility or agency, and the department recommendations	2828
on how the dispute may be resolved twenty days prior to the	2829
expiration date of the contract, unless both parties agree to a	2830
time extension. The director shall adopt rules establishing the	2831
procedures of this dispute resolution process.	2832

(b) With the prior approval of the director of mental health,	2833
a board may operate a facility or provide a community mental	2834
health service as follows, if there is no other qualified private	2835
or public facility or community mental health agency that is	2836
immediately available and willing to operate such a facility or	2837
provide the service:	2838

(i) In an emergency situation, any board may operate a	2839
facility or provide a community mental health service in order to	2840
provide essential services for the duration of the emergency;	2841

(ii) In a service district with a population of at least one	2842
hundred thousand but less than five hundred thousand, a board may	2843
operate a facility or provide a community mental health service	2844
for no longer than one year;	2845

(iii) In a service district with a population of less than	2846
one hundred thousand, a board may operate a facility or provide a	2847
community mental health service for no longer than one year,	2848
except that such a board may operate a facility or provide a	2849
community mental health service for more than one year with the	2850
prior approval of the director and the prior approval of the board	2851
of county commissioners, or of a majority of the boards of county	2852
commissioners if the district is a joint-county district.	2853

The director shall not give a board approval to operate a	2854
facility or provide a community mental health service under	2855
division (A)(8)(b)(ii) or (iii) of this section unless the	2856
director determines that it is not feasible to have the department	2857
operate the facility or provide the service.	2858

The director shall not give a board approval to operate a	2859
facility or provide a community mental health service under	2860
division (A)(8)(b)(iii) of this section unless the director	2861
determines that the board will provide greater administrative	2862
efficiency and more or better services than would be available if	2863
the board contracted with a private or public facility or	2864
community mental health agency.	2865

The director shall not give a board approval to operate a	2866
facility previously operated by a person or other government	2867
entity unless the board has established to the director's	2868
satisfaction that the person or other government entity cannot	2869
effectively operate the facility or that the person or other	2870
government entity has requested the board to take over operation	2871
of the facility. The director shall not give a board approval to	2872
provide a community mental health service previously provided by a	2873
community mental health agency unless the board has established to	2874
the director's satisfaction that the agency cannot effectively	2875
provide the service or that the agency has requested the board	2876
take over providing the service.	2877

The director shall review and evaluate a board's operation of	2878
a facility and provision of community mental health service under	2879
division (A)(8)(b) of this section.	2880

Nothing in division (A)(8)(b) of this section authorizes a	2881
board to administer or direct the daily operation of any facility	2882
or community mental health agency, but a facility or agency may	2883
contract with a board to receive administrative services or staff	2884
direction from the board under the direction of the governing body	2885
of the facility or agency.	2886

(9) Approve fee schedules and related charges or adopt a unit	2887
cost schedule or other methods of payment for contract services	2888
provided by community mental health agencies in accordance with	2889
guidelines issued by the department as necessary to comply with	2890
state and federal laws pertaining to financial assistance;	2891

(10) Submit to the director and the county commissioners of	2892
the county or counties served by the board, and make available to	2893
the public, an annual report of the programs under the	2894
jurisdiction of the board, including a fiscal accounting;	2895

(11) Establish, to the extent resources are available, a	2896
community support system, which provides for treatment, support,	2897
and rehabilitation services and opportunities. The essential	2898
elements of the system include, but are not limited to, the	2899
following components in accordance with section 5119.06 of the	2900
Revised Code:	2901

(a) To locate persons in need of mental health services to	2902
inform them of available services and benefits mechanisms;	2903

(b) Assistance for clients to obtain services necessary to	2904
meet basic human needs for food, clothing, shelter, medical care,	2905
personal safety, and income;	2906

(c) Mental health care, including, but not limited to,	2907
outpatient, partial hospitalization, and, where appropriate,	2908
inpatient care;	2909

(d) Emergency services and crisis intervention;

2910

(e) Assistance for clients to obtain vocational services and	2911
opportunities for jobs;	2912

(f) The provision of services designed to develop social,	2913
community, and personal living skills;	2914

(g) Access to a wide range of housing and the provision of	2915
residential treatment and support;	2916

(h) Support, assistance, consultation, and education for	2917
families, friends, consumers of mental health services, and	2918
others;	2919

(i) Recognition and encouragement of families, friends,	2920
neighborhood networks, especially networks that include racial and	2921
ethnic minorities, churches, community organizations, and	2922
meaningful employment as natural supports for consumers of mental	2923
health services;	2924

(j) Grievance procedures and protection of the rights of	2925
consumers of mental health services;	2926

(k) Case management, which includes continual individualized	2927
assistance and advocacy to ensure that needed services are offered	2928
and procured.	2929

(12) Designate the treatment program, agency, or facility for	2930
each person involuntarily committed to the board pursuant to	2931
Chapter 5122. of the Revised Code and authorize payment for such	2932
treatment. The board shall provide the least restrictive and most	2933
appropriate alternative that is available for any person	2934
involuntarily committed to it and shall assure that the services	2935
listed in section 340.09 of the Revised Code are available to	2936
severely mentally disabled persons residing within its service	2937
district. The board shall establish the procedure for authorizing	2938
payment for services, which may include prior authorization in	2939
appropriate circumstances. The board may provide for services	2940
directly to a severely mentally disabled person when life or	2941
safety is endangered and when no community mental health agency is	2942
available to provide the service.	2943

(13) Establish a method for evaluating referrals for	2944
involuntary commitment and affidavits filed pursuant to section	2945
5122.11 of the Revised Code in order to assist the probate	2946
division of the court of common pleas in determining whether there	2947
is probable cause that a respondent is subject to involuntary	2948
hospitalization and what alternative treatment is available and	2949
appropriate, if any;	2950

(14) Ensure that apartments or rooms built, subsidized,	2951
renovated, rented, owned, or leased by the board or a community	2952
mental health agency have been approved as meeting minimum fire	2953
safety standards and that persons residing in the rooms or	2954
apartments are receiving appropriate and necessary services,	2955
including culturally relevant services, from a community mental	2956
health agency. This division does not apply to residential	2957
facilities licensed pursuant to section 5119.22 of the Revised	2958
Code.	2959

(15) Establish a mechanism for involvement of consumer	2960
recommendation and advice on matters pertaining to mental health	2961
services in the alcohol, drug addiction, and mental health service	2962
district;	2963

(16) Perform the duties under section 3722.18 of the Revised	2964
Code required by rules adopted under section 5119.61 of the	2965
Revised Code regarding referrals by the board or mental health	2966
agencies under contract with the board of individuals with mental	2967
illness or severe mental disability to adult care facilities and	2968
effective arrangements for ongoing mental health services for the	2969
individuals. The board is accountable in the manner specified in	2970
the rules for ensuring that the ongoing mental health services are	2971
effectively arranged for the individuals.	2972

(B) The board shall establish such rules, operating	2973
procedures, standards, and bylaws, and perform such other duties	2974
as may be necessary or proper to carry out the purposes of this	2975
chapter.	2976

(C) A board of alcohol, drug addiction, and mental health	2977
services may receive by gift, grant, devise, or bequest any	2978
moneys, lands, or property for the benefit of the purposes for	2979
which the board is established, and may hold and apply it	2980
according to the terms of the gift, grant, or bequest. All money	2981
received, including accrued interest, by gift, grant, or bequest	2982
shall be deposited in the treasury of the county, the treasurer of	2983
which is custodian of the alcohol, drug addiction, and mental	2984
health services funds to the credit of the board and shall be	2985
available for use by the board for purposes stated by the donor or	2986
grantor.	2987

(D) No board member or employee of a board of alcohol, drug	2988
addiction, and mental health services shall be liable for injury	2989
or damages caused by any action or inaction taken within the scope	2990
of the board member's official duties or the employee's	2991
employment, whether or not such action or inaction is expressly	2992
authorized by this section, section 340.033, or any other section	2993
of the Revised Code, unless such action or inaction constitutes	2994
willful or wanton misconduct. Chapter 2744. of the Revised Code	2995
applies to any action or inaction by a board member or employee of	2996
a board taken within the scope of the board member's official	2997
duties or employee's employment. For the purposes of this	2998
division, the conduct of a board member or employee shall not be	2999
considered willful or wanton misconduct if the board member or	3000
employee acted in good faith and in a manner that the board member	3001
or employee reasonably believed was in or was not opposed to the	3002
best interests of the board and, with respect to any criminal	3003
action or proceeding, had no reasonable cause to believe the	3004
conduct was unlawful.	3005

(E) The meetings held by any committee established by a board	3006
of alcohol, drug addiction, and mental health services shall be	3007
considered to be meetings of a public body subject to section	3008
121.22 of the Revised Code.	3009

Sec. 340.09.  The department of mental health shall provide	3010
assistance to any county for the operation of boards of alcohol,	3011
drug addiction, and mental health services and the provision of	3012
the following services from funds appropriated for that purpose by	3013
the general assembly:	3014

(A) Outpatient;

3015

(B) Inpatient;

3016

(C) Partial hospitalization;

3017

(D) Rehabilitation;

3018

(E) Consultation;

3019

(F) Mental health education and other preventive services;

3020

(G) Emergency;

3021

(H) Crisis intervention;

3022

(I) Research;

3023

(I)(J) Administrative;

3024

(J)(K) Referral and information;

3025

(K)(L) Residential;

3026

(L)(M) Training;

3027

(M)(N) Substance abuse;

3028

(N)(O) Service and program evaluation;

3029

(O)(P) Community support system;

3030

(P)(Q) Case management;

3031

(Q)(R) Residential housing;

3032

(R)(S) Other services approved by the board and the director	3033
of mental health.	3034

Sec. 340.12.  No board of alcohol, drug addiction, and mental	3035
health services or any agency, corporation, or association under	3036
contract with such a board shall discriminate in the provision of	3037
services under its authority, in employment, or contract on the	3038
basis of race, color, sex, creed, disability, or national origin,	3039
or the inability to pay.	3040

Each board, each community mental health agency, and each	3041
alcohol and drug addiction program shall have a written	3042
affirmative action program. The affirmative action program shall	3043
include goals for the employment and effective utilization of,	3044
including contracts with, members of economically disadvantaged	3045
groups as defined in division (E)(1) of section 122.71 of the	3046
Revised Code in percentages reflecting as nearly as possible the	3047
composition of the alcohol, drug addiction, and mental health	3048
service district served by the board. Each board, agency, and	3049
program shall file a description of the affirmative action program	3050
and a progress report on its implementation with the department of	3051
mental health or the department of alcohol and drug addiction	3052
services.	3053

Sec. 715.70.  (A) This section and section 715.71 of the	3054
Revised Code apply only to:	3055

(1) Municipal corporations and townships within a county that	3056
has adopted a charter under Sections 3 and 4 of Article X, Ohio	3057
Constitution;	3058

(2) Municipal corporations and townships that have created a	3059
joint economic development district comprised entirely of real	3060
property owned by a municipal corporation at the time the district	3061
was created under this section. The real property owned by the	3062
municipal corporation shall include an airport owned by the	3063
municipal corporation and located entirely beyond the municipal	3064
corporation's corporate boundary.	3065

(3) Municipal corporations or townships that are part of or	3066
contiguous to a transportation improvement district created under	3067
Chapter 5540. of the Revised Code and that have created a joint	3068
economic development district under this section or section 715.71	3069
of the Revised Code prior to November 15, 1995;	3070

(4) Municipal corporations that have previously entered into	3071
a contract creating a joint economic development district pursuant	3072
to division (A)(2) of this section, even if the territory to be	3073
included in the district does not meet the requirements of that	3074
division.	3075

(B)(1) One or more municipal corporations and one or more	3076
townships may enter into a contract approved by the legislative	3077
authority of each contracting party pursuant to which they create	3078
as a joint economic development district an area or areas for the	3079
purpose of facilitating economic development to create or preserve	3080
jobs and employment opportunities and to improve the economic	3081
welfare of the people in the state and in the area of the	3082
contracting parties. A municipal corporation described in division	3083
(A)(4) of this section may enter into a contract with other	3084
municipal corporations and townships to create a new joint	3085
economic development district. In a district that includes a	3086
municipal corporation described in division (A)(4) of this	3087
section, the territory of each of the contracting parties shall be	3088
contiguous to the territory of at least one other contracting	3089
party, or contiguous to the territory of a township or municipal	3090
corporation that is contiguous to another contracting party, even	3091
if the intervening township or municipal corporation is not a	3092
contracting party. The area or areas of land to be included in the	3093
district shall not include any parcel of land owned in fee by a	3094
municipal corporation or a township or parcel of land that is	3095
leased to a municipal corporation or a township, unless the	3096
municipal corporation or township is a party to the contract or	3097
unless the municipal corporation or township has given its consent	3098
to have its parcel of land included in the district by the	3099
adoption of a resolution. As used in this division, "parcel of	3100
land" means any parcel of land owned by a municipal corporation or	3101
a township for at least a six-month period within a five-year	3102
period prior to the creation of a district, but "parcel of land"	3103
does not include streets or public ways and sewer, water, and	3104
other utility lines whether owned in fee or otherwise.	3105

The district created shall be located within the territory of	3106
one or more of the participating parties and may consist of all or	3107
a portion of such territory. The boundaries of the district shall	3108
be described in the contract or in an addendum to the contract.	3109

(2) Prior to the public hearing to be held pursuant to	3110
division (D)(2) of this section, the participating parties shall	3111
give a copy of the proposed contract to each municipal corporation	3112
located within one-quarter mile of the proposed joint economic	3113
development district and not otherwise a party to the contract,	3114
and afford the municipal corporation the reasonable opportunity,	3115
for a period of thirty days following receipt of the proposed	3116
contract, to make comments and suggestions to the participating	3117
parties regarding elements contained in the proposed contract.	3118

(3) The district shall not exceed two thousand acres in area.	3119
The territory of the district shall not completely surround	3120
territory that is not included within the boundaries of the	3121
district.	3122

(4) Sections 503.07 to 503.12 of the Revised Code do not	3123
apply to territory included within a district created pursuant to	3124
this section as long as the contract creating the district is in	3125
effect, unless the legislative authority of each municipal	3126
corporation and the board of township trustees of each township	3127
included in the district consent, by ordinance or resolution, to	3128
the application of those sections of the Revised Code.	3129

(5) Upon the execution of the contract creating the district	3130
by the parties to the contract, a participating municipal	3131
corporation or township included within the district shall file a	3132
copy of the fully executed contract with the county recorder of	3133
each county within which a party to the contract is located, in	3134
the miscellaneous records of the county. No annexation proceeding	3135
pursuant to Chapter 709. of the Revised Code that proposes the	3136
annexation to, merger, or consolidation with a municipal	3137
corporation of any unincorporated territory within the district	3138
shall be commenced for a period of three years after the contract	3139
is filed with the county recorder of each county within which a	3140
party to the contract is located unless each board of township	3141
trustees whose territory is included, in whole or part, within the	3142
district and the territory proposed to be annexed, merged, or	3143
consolidated adopts a resolution consenting to the commencement of	3144
the proceeding and a copy of the resolution is filed with the	3145
legislative authority of each county within which a party to the	3146
contract is located or unless the contract is terminated during	3147
this period.	3148

The contract entered into between the municipal corporations	3149
and townships pursuant to this section may provide for the	3150
prohibition of any annexation by the participating municipal	3151
corporations of any unincorporated territory within the district	3152
beyond the three-year mandatory prohibition of any annexation	3153
provided for in division (B)(5) of this section.	3154

(C)(1) After the legislative authority of a municipal	3155
corporation and the board of township trustees have adopted an	3156
ordinance and resolution approving a contract to create a joint	3157
economic development district pursuant to this section, and after	3158
a contract has been signed, the municipal corporations and	3159
townships shall jointly file a petition with the legislative	3160
authority of each county within which a party to the contract is	3161
located.	3162

(a) The petition shall contain all of the following:

3163

(i) A statement that the area or areas of the district is not	3164
greater than two thousand acres and is located within the	3165
territory of one or more of the contracting parties;	3166

(ii) A brief summary of the services to be provided by each	3167
party to the contract or a reference to the portion of the	3168
contract describing those services;	3169

(iii) A description of the area or areas to be designated as	3170
the district;	3171

(iv) The signature of a representative of each of the	3172
contracting parties.	3173

(b) The following documents shall be filed with the petition:

3174

(i) A signed copy of the contract, together with copies of	3175
district maps and plans related to or part of the contract;	3176

(ii) A certified copy of the ordinances and resolutions of	3177
the contracting parties approving the contract;	3178

(iii) A certificate from each of the contracting parties	3179
indicating that the public hearings required by division (D)(2) of	3180
this section have been held, the date of the hearings, and	3181
evidence of publication of the notice of the hearings;	3182

(iv) One or more signed statements of persons who are owners	3183
of property located in whole or in part within the area to be	3184
designated as the district, requesting that the property be	3185
included within the district, provided that those statements shall	3186
represent a majority of the persons owning property located in	3187
whole or in part within the district and persons owning a majority	3188
of the acreage located within the district. A signature may be	3189
withdrawn by the signer up to but not after the time of the public	3190
hearing required by division (D)(2) of this section.	3191

(2) The legislative authority of each county within which a	3192
party to the contract is located shall adopt a resolution	3193
approving the petition for the creation of the district if the	3194
petition and other documents have been filed in accordance with	3195
the requirements of division (C)(1) of this section. If the	3196
petition and other documents do not substantially meet the	3197
requirements of that division, the legislative authority of any	3198
county within which a party to the contract is located may adopt a	3199
resolution disapproving the petition for the creation of the	3200
district. The legislative authority of each county within which a	3201
party to the contract is located shall adopt a resolution	3202
approving or disapproving the petition within thirty days after	3203
the petition was filed. If the legislative authority of each such	3204
county does not adopt the resolution within the thirty-day period,	3205
the petition shall be deemed approved and the contract shall go	3206
into effect immediately after that approval or at such other time	3207
as the contract specifies.	3208

(D)(1) The contract creating the district shall set forth or	3209
provide for the amount or nature of the contribution of each	3210
municipal corporation and township to the development and	3211
operation of the district and may provide for the sharing of the	3212
costs of the operation of and improvements for the district. The	3213
contributions may be in any form to which the contracting	3214
municipal corporations and townships agree and may include but are	3215
not limited to the provision of services, money, real or personal	3216
property, facilities, or equipment. The contract may provide for	3217
the contracting parties to share revenue from taxes levied on	3218
property by one or more of the contracting parties if those	3219
revenues may lawfully be applied to that purpose under the	3220
legislation by which those taxes are levied. The contract shall	3221
provide for new, expanded, or additional services, facilities, or	3222
improvements, including expanded or additional capacity for or	3223
other enhancement of existing services, facilities, or	3224
improvements, provided that those services, facilities, or	3225
improvements, or expanded or additional capacity for or	3226
enhancement of existing services, facilities, or improvements,	3227
required herein have been provided within the two-year period	3228
prior to the execution of the contract.	3229

(2) Before the legislative authority of a municipal	3230
corporation or a board of township trustees passes any ordinance	3231
or resolution approving a contract to create a joint economic	3232
development district pursuant to this section, the legislative	3233
authority of the municipal corporation and the board of township	3234
trustees shall each hold a public hearing concerning the joint	3235
economic development district contract and shall provide thirty	3236
days' public notice of the time and place of the public hearing in	3237
a newspaper of general circulation in the municipal corporation	3238
and the township. The board of township trustees may provide	3239
additional notice to township residents in accordance with section	3240
9.03 of the Revised Code, and any additional notice shall include	3241
the public hearing announcement; a summary of the terms of the	3242
contract; a statement that the entire text of the contract and	3243
district maps and plans are on file for public examination in the	3244
office of the township fiscal officer; and information pertaining	3245
to any tax changes that will or may occur as a result of the	3246
contract.	3247

During the thirty-day period prior to the public hearing, a	3248
copy of the text of the contract together with copies of district	3249
maps and plans related to or part of the contract shall be on	3250
file, for public examination, in the offices of the clerk of the	3251
legislative authority of the municipal corporation and of the	3252
township fiscal officer. The public hearing provided for in	3253
division (D)(2) of this section shall allow for public comment and	3254
recommendations from the public on the proposed contract. The	3255
contracting parties may include in the contract any of those	3256
recommendations prior to the approval of the contract.	3257

(3) Any resolution of the board of township trustees that	3258
approves a contract that creates a joint economic development	3259
district pursuant to this section shall be subject to a referendum	3260
of the electors of the township. When a referendum petition,	3261
signed by ten per cent of the number of electors in the township	3262
who voted for the office of governor at the most recent general	3263
election for the office of governor, is presented to the board of	3264
township trustees within thirty days after the board of township	3265
trustees adopted the resolution, ordering that the resolution be	3266
submitted to the electors of the township for their approval or	3267
rejection, the board of township trustees shall, after ten days	3268
and not later than four p.m. of the seventy-fifth day before the	3269
election, certify the text of the resolution to the board of	3270
elections. The board of elections shall submit the resolution to	3271
the electors of the township for their approval or rejection at	3272
the next general, primary, or special election occurring	3273
subsequent to seventy-five days after the certifying of the	3274
petition to the board of elections.	3275

(4) Upon the creation of a district under this section or	3276
section 715.71 of the Revised Code, one of the contracting parties	3277
shall file a copy of the following with the director of	3278
development:	3279

(a) The petition and other documents described in division	3280
(C)(1) of this section, if the district is created under this	3281
section;	3282

(b) The documents described in division (D) of section 715.71	3283
of the Revised Code, if the district is created under this	3284
section.	3285

(E) The district created by the contract shall be governed by	3286
a board of directors that shall be established by or pursuant to	3287
the contract. The board is a public body for the purposes of	3288
section 121.22 of the Revised Code. The provisions of Chapter	3289
2744. of the Revised Code apply to the board and the district. The	3290
members of the board shall be appointed as provided in the	3291
contract from among the elected members of the legislative	3292
authorities and the elected chief executive officers of the	3293
contracting parties, provided that there shall be at least two	3294
members appointed from each of the contracting parties.	3295

(F) The contract shall enumerate the specific powers, duties,	3296
and functions of the board of directors of a district, and the	3297
contract shall provide for the determination of procedures that	3298
are to govern the board of directors. The contract may grant to	3299
the board the power to adopt a resolution to levy an income tax	3300
within the district. The income tax shall be used for the purposes	3301
of the district and for the purposes of the contracting municipal	3302
corporations and townships pursuant to the contract. The income	3303
tax may be levied in the district based on income earned by	3304
persons working or residing within the district and based on the	3305
net profits of businesses located in the district. The income tax	3306
shall follow the provisions of Chapter 718. of the Revised Code,	3307
except that a vote shall be required by the electors residing in	3308
the district to approve the rate of income tax. If no electors	3309
reside within the district, then division (F)(4) of this section	3310
applies. The rate of the income tax shall be no higher than the	3311
highest rate being levied by a municipal corporation that is a	3312
party to the contract.	3313

(1) Within one hundred eighty days after the first meeting of	3314
the board of directors, the board may levy an income tax, provided	3315
that the rate of the income tax is first submitted to and approved	3316
by the electors of the district at the succeeding regular or	3317
primary election, or a special election called by the board,	3318
occurring subsequent to seventy-five days after a certified copy	3319
of the resolution levying the income tax and calling for the	3320
election is filed with the board of elections. If the voters	3321
approve the levy of the income tax, the income tax shall be in	3322
force for the full period of the contract establishing the	3323
district. Any increase in the rate of an income tax that was first	3324
levied within one hundred eighty days after the first meeting of	3325
the board of directors shall be approved by a vote of the electors	3326
of the district, shall be in force for the remaining period of the	3327
contract establishing the district, and shall not be subject to	3328
division (F)(2) of this section.	3329

(2) Any resolution of the board of directors levying an	3330
income tax that is adopted subsequent to one hundred eighty days	3331
after the first meeting of the board of directors shall be subject	3332
to a referendum as provided in division (F)(2) of this section.	3333
Any resolution of the board of directors levying an income tax	3334
that is adopted subsequent to one hundred eighty days after the	3335
first meeting of the board of directors shall be subject to an	3336
initiative proceeding to amend or repeal the resolution levying	3337
the income tax as provided in division (F)(2) of this section.	3338
When a referendum petition, signed by ten per cent of the number	3339
of electors in the district who voted for the office of governor	3340
at the most recent general election for the office of governor, is	3341
filed with the county auditor of each county within which a party	3342
to the contract is located within thirty days after the resolution	3343
is adopted by the board or when an initiative petition, signed by	3344
ten per cent of the number of electors in the district who voted	3345
for the office of governor at the most recent general election for	3346
the office of governor, is filed with the county auditor of each	3347
such county ordering that a resolution to amend or repeal a prior	3348
resolution levying an income tax be submitted to the electors	3349
within the district for their approval or rejection, the county	3350
auditor of each such county, after ten days and not later than	3351
four p.m. of the seventy-fifth day before the election, shall	3352
certify the text of the resolution to the board of elections of	3353
that county. The county auditor of each such county shall retain	3354
the petition. The board of elections shall submit the resolution	3355
to such electors, for their approval or rejection, at the next	3356
general, primary, or special election occurring subsequent to	3357
seventy-five days after the certifying of such petition to the	3358
board of elections.	3359

(3) Whenever a district is located in the territory of more	3360
than one contracting party, a majority vote of the electors, if	3361
any, in each of the several portions of the territory of the	3362
contracting parties constituting the district approving the levy	3363
of the tax is required before it may be imposed pursuant to this	3364
division.	3365

(4) If there are no electors residing in the district, no	3366
election for the approval or rejection of an income tax shall be	3367
held pursuant to this section, provided that where no electors	3368
reside in the district, the maximum rate of the income tax that	3369
may be levied shall not exceed one per cent.	3370

(5) The board of directors of a district levying an income	3371
tax shall enter into an agreement with one of the municipal	3372
corporations that is a party to the contract to administer,	3373
collect, and enforce the income tax on behalf of the district. The	3374
resolution levying the income tax shall provide the same credits,	3375
if any, to residents of the district for income taxes paid to	3376
other such districts or municipal corporations where the residents	3377
work, as credits provided to residents of the municipal	3378
corporation administering the income tax.	3379

(6)(a) The board shall publish or post public notice within	3380
the district of any resolution adopted levying an income tax in	3381
the same manner required of municipal corporations under sections	3382
731.21 and 731.25 of the Revised Code.	3383

(b) Except as otherwise specified by this division, any	3384
referendum or initiative proceeding within a district shall be	3385
conducted in the same manner as is required for such proceedings	3386
within a municipal corporation pursuant to sections 731.28 to	3387
731.40 of the Revised Code.	3388

(G) Membership on the board of directors does not constitute	3389
the holding of a public office or employment within the meaning of	3390
any section of the Revised Code or any charter provision	3391
prohibiting the holding of other public office or employment, and	3392
shall not constitute an interest, either direct or indirect, in a	3393
contract or expenditure of money by any municipal corporation,	3394
township, county, or other political subdivision with which the	3395
member may be connected. No member of a board of directors shall	3396
be disqualified from holding any public office or employment, nor	3397
shall such member forfeit or be disqualified from holding any such	3398
office or employment, by reason of the member's membership on the	3399
board of directors, notwithstanding any law or charter provision	3400
to the contrary.	3401

(H) The powers and authorizations granted pursuant to this	3402
section or section 715.71 of the Revised Code are in addition to	3403
and not in derogation of all other powers granted to municipal	3404
corporations and townships pursuant to law. When exercising a	3405
power or performing a function or duty under a contract authorized	3406
pursuant to this section or section 715.71 of the Revised Code, a	3407
municipal corporation may exercise all of the powers of a	3408
municipal corporation, and may perform all the functions and	3409
duties of a municipal corporation, within the district, pursuant	3410
to and to the extent consistent with the contract. When exercising	3411
a power or performing a function or duty under a contract	3412
authorized pursuant to this section or section 715.71 of the	3413
Revised Code, a township may exercise all of the powers of a	3414
township, and may perform all the functions and duties of a	3415
township, within the district, pursuant to and to the extent	3416
consistent with the contract. The district board of directors has	3417
no powers except those specifically set forth in the contract as	3418
agreed to by the participating parties. No political subdivision	3419
shall authorize or grant any tax exemption pursuant to Chapter	3420
1728. or section 3735.67, 5709.62, 5709.63, or 5709.632 of the	3421
Revised Code on any property located within the district, except	3422
that a political subdivision that is a contracting party may grant	3423
a tax exemption under section 5709.62, 5709.63, or 5709.632 of the	3424
Revised Code on property located within the district, with the	3425
consent of the other contracting parties. The prohibition for any	3426
tax exemption pursuant to this division shall not apply to any	3427
exemption filed, pending, or approved, or for which an agreement	3428
has been entered into, before the effective date of the contract	3429
entered into by the parties.	3430

(I) Municipal corporations and townships may enter into	3431
binding agreements pursuant to a contract authorized under this	3432
section or section 715.71 of the Revised Code with respect to the	3433
substance and administration of zoning and other land use	3434
regulations, building codes, public permanent improvements, and	3435
other regulatory and proprietary matters that are determined,	3436
pursuant to the contract, to be for a public purpose and to be	3437
desirable with respect to the operation of the district or to	3438
facilitate new or expanded economic development in the state or	3439
the district, provided that no contract shall exempt the territory	3440
within the district from the procedures and processes of land use	3441
regulation applicable pursuant to municipal corporation, township,	3442
and county regulations, including but not limited to procedures	3443
and processes concerning zoning.	3444

(J) A contract entered into pursuant to this section or	3445
section 715.71 of the Revised Code may be amended and it may be	3446
renewed, canceled, or terminated as provided in or pursuant to the	3447
contract. The contract may be amended to add property owned by one	3448
of the contracting parties to the district, or may be amended to	3449
delete property from the district whether or not one of the	3450
contracting parties owns the deleted property. The contract shall	3451
continue in existence throughout its term and shall be binding on	3452
the contracting parties and on any entities succeeding to such	3453
parties, whether by annexation, merger, or otherwise. The income	3454
tax levied by the board pursuant to this section or section 715.71	3455
of the Revised Code shall apply in the entire district throughout	3456
the term of the contract, notwithstanding that all or a portion of	3457
the district becomes subject to annexation, merger, or	3458
incorporation. No township or municipal corporation is divested of	3459
its rights or obligations under the contract because of	3460
annexation, merger, or succession of interests.	3461

(K) After the creation of a joint economic development	3462
district described in division (A)(2) of this section, a municipal	3463
corporation that is a contracting party may cease to own property	3464
included in the district, but such property shall continue to be	3465
included in the district and subject to the terms of the contract.	3466

Sec. 715.81.  The powers granted under sections 715.72 to	3467
715.81 of the Revised Code are in addition to and not in the	3468
derogation of all other powers granted to municipal corporations	3469
and townships pursuant to law. When exercising a power or	3470
performing a function or duty under a contract entered into under	3471
section 715.72 of the Revised Code, a municipal corporation may	3472
exercise all of the powers of a municipal corporation, and may	3473
perform all the functions and duties of a municipal corporation,	3474
within the joint economic development district, pursuant to and to	3475
the extent consistent with the contract. When exercising a power	3476
or performing a function or duty under a contract entered into	3477
under either section 715.72 or section 715.691 of the Revised	3478
Code, a township may exercise all of the powers of a township, and	3479
may perform all the functions and duties of a township, within the	3480
joint economic development district, or joint economic development	3481
zone that is subject to division (I)(2) of section 715.691 of the	3482
Revised Code, pursuant to and to the extent consistent with the	3483
contract. No political subdivision shall grant any tax exemption	3484
under Chapter 1728. or section 3735.67, 5709.62, 5709.63, or	3485
5709.632 of the Revised Code on any property located within the	3486
district, or zone that is subject to division (I)(2) of section	3487
715.691 of the Revised Code, except that a political subdivision	3488
that is a contracting party may grant a tax exemption under	3489
section 5709.62, 5709.63, or 5709.632 of the Revised Code on	3490
property located within the district, or zone that is subject to	3491
division (I)(2) of section 715.691 of the Revised Code, with the	3492
consent of the other contracting parties. The prohibition against	3493
granting a tax exemption under this section does not apply to any	3494
exemption filed, pending, or approved before the effective date of	3495
the contract entered into under either section 715.72 or section	3496
715.691 of the Revised Code.	3497

Sec. 1520.02.  (A) The director of natural resources has	3498
exclusive authority to administer, manage, and establish policies	3499
governing canal lands.	3500

(B)(1) Except as provided in division (C) of this section,	3501
the director may sell, lease, exchange, give, or grant all or part	3502
of the state's interest in any canal lands in accordance with	3503
section 1501.01 of the Revised Code. The director may stipulate	3504
that an appraisal or survey need not be conducted for, and may	3505
establish any terms or conditions that the director determines	3506
appropriate for, any such conveyance.	3507

Prior to proposing the conveyance of any canal lands, the	3508
director shall consider the local government needs and economic	3509
development potential with respect to the canal lands and the	3510
recreational, ecological, and historical value of the canal lands.	3511
In addition, the conveyance of canal lands shall be conducted in	3512
accordance with the director's policies governing the protection	3513
and conservation of canal lands established under this section.	3514

(2) With regard to canal lands, the chief of the division of	3515
water, with the approval of the director, may sell, lease, or	3516
transfer minerals or mineral rights when the chief and the	3517
director determine that the sale, lease, or transfer is in the	3518
best interest of the state. Consideration for minerals and mineral	3519
rights shall be by rental or on a royalty basis as prescribed by	3520
the chief and payable as prescribed by contract. Moneys collected	3521
under division (B)(2) of this section shall be paid into the state	3522
treasury to the credit of the canal lands fund created in section	3523
1520.05 of the Revised Code.	3524

(C)(1) Not later than one year after July 1, 1989, the	3525
director of transportation and the director of the Ohio historical	3526
society shall identify all canal lands that are or may be of use	3527
to any program operated by the department of transportation or the	3528
Ohio historical society, respectively, and shall notify the	3529
director of natural resources of those lands. The director of	3530
natural resources may transfer any canal lands so identified to	3531
the exclusive care, custody, and control of the department of	3532
transportation or the Ohio historical society, as applicable, by	3533
means of a departmental transfer not later than six months after	3534
receiving notification under division (C)(1) of this section.	3535

(2) The director of natural resources may transfer to the	3536
Ohio historical society any equipment, maps, and records used on	3537
or related to canal lands that are of historical interest and that	3538
are not needed by the director to administer this chapter.	3539

(D) If the director of natural resources determines that any	3540
canal lands are a necessary part of a county's drainage or ditch	3541
system and are not needed for any purpose of the department of	3542
natural resources, the director may sell, grant, or otherwise	3543
convey those canal lands to that county in accordance with	3544
division (B) of this section. The board of county commissioners	3545
shall accept the transfer of canal lands.	3546

(E) Notwithstanding any other section of the Revised Code,	3547
the county auditor shall transfer any canal lands conveyed under	3548
this section, and the county recorder shall record the deed for	3549
those lands in accordance with section 317.12 of the Revised Code.	3550
This division does not apply to canal lands transferred under	3551
division (C)(1) of this section.	3552

Sec. 2301.02.  The number of judges of the court of common	3553
pleas for each county, the time for the next election of the	3554
judges in the several counties, and the beginning of their terms	3555
shall be as follows:	3556

(A) In Adams, Ashland, Fayette, and Pike counties, one judge,	3557
elected in 1956, term to begin February 9, 1957;	3558

In Brown, Crawford, Defiance, Highland, Holmes, Morgan,	3559
Ottawa, and Union counties, one judge, to be elected in 1954, term	3560
to begin February 9, 1955;	3561

In Auglaize county, one judge, to be elected in 1956, term to	3562
begin January 9, 1957;	3563

In Coshocton, Darke, Fulton, Gallia, Guernsey, Hardin,	3564
Jackson, Knox, Madison, Mercer, Monroe, Paulding, Vinton, and	3565
Wyandot counties, one judge, to be elected in 1956, term to begin	3566
January 1, 1957;	3567

In Morrow county, two judges, one to be elected in 1956, term	3568
to begin January 1, 1957, and one to be elected in 2006, term to	3569
begin January 1, 2007;	3570

In Logan county, two judges, one to be elected in 1956, term	3571
to begin January 1, 1957, and one to be elected in 2004, term to	3572
begin January 2, 2005;	3573

In Carroll, Champaign, Clinton, Hocking, Meigs, Pickaway,	3574
Preble, Shelby, Van Wert, and Williams counties, one judge, to be	3575
elected in 1952, term to begin January 1, 1953;	3576

In Harrison and Noble counties, one judge, to be elected in	3577
1954, term to begin April 18, 1955;	3578

In Henry county, two judges, one to be elected in 1956, term	3579
to begin May 9, 1957, and one to be elected in 2004, term to begin	3580
January 1, 2005;	3581

In Putnam county, one judge, to be elected in 1956, term to	3582
begin May 9, 1957;	3583

In Huron county, one judge, to be elected in 1952, term to	3584
begin May 14, 1953;	3585

In Perry county, one judge, to be elected in 1954, term to	3586
begin July 6, 1956;	3587

In Sandusky county, Ftwotwo judges, one to be elected in	3588
1954, term to begin February 10, 1955, and one to be elected in	3589
1978, term to begin January 1, 1979;	3590

(B) In Allen county, three judges, one to be elected in 1956,	3591
term to begin February 9, 1957, the second to be elected in 1958,	3592
term to begin January 1, 1959, and the third to be elected in	3593
1992, term to begin January 1, 1993;	3594

In Ashtabula county, three judges, one to be elected in 1954,	3595
term to begin February 9, 1955, one to be elected in 1960, term to	3596
begin January 1, 1961, and one to be elected in 1978, term to	3597
begin January 2, 1979;	3598

In Athens county, two judges, one to be elected in 1954, term	3599
to begin February 9, 1955, and one to be elected in 1990, term to	3600
begin July 1, 1991;	3601

In Erie county, four judges, one to be elected in 1956, term	3602
to begin January 1, 1957, the second to be elected in 1970, term	3603
to begin January 2, 1971, the third to be elected in 2004, term to	3604
begin January 2, 2005, and the fourth to be elected in 2008, term	3605
to begin February 9, 2009;	3606

In Fairfield county, three judges, one to be elected in 1954,	3607
term to begin February 9, 1955, the second to be elected in 1970,	3608
term to begin January 1, 1971, and the third to be elected in	3609
1994, term to begin January 2, 1995;	3610

In Geauga county, two judges, one to be elected in 1956, term	3611
to begin January 1, 1957, and the second to be elected in 1976,	3612
term to begin January 6, 1977;	3613

In Greene county, four judges, one to be elected in 1956,	3614
term to begin February 9, 1957, the second to be elected in 1960,	3615
term to begin January 1, 1961, the third to be elected in 1978,	3616
term to begin January 2, 1979, and the fourth to be elected in	3617
1994, term to begin January 1, 1995;	3618

In Hancock county, two judges, one to be elected in 1952,	3619
term to begin January 1, 1953, and the second to be elected in	3620
1978, term to begin January 1, 1979;	3621

In Lawrence county, two judges, one to be elected in 1954,	3622
term to begin February 9, 1955, and the second to be elected in	3623
1976, term to begin January 1, 1977;	3624

In Marion county, three judges, one to be elected in 1952,	3625
term to begin January 1, 1953, the second to be elected in 1976,	3626
term to begin January 2, 1977, and the third to be elected in	3627
1998, term to begin February 9, 1999;	3628

In Medina county, three judges, one to be elected in 1956,	3629
term to begin January 1, 1957, the second to be elected in 1966,	3630
term to begin January 1, 1967, and the third to be elected in	3631
1994, term to begin January 1, 1995;	3632

In Miami county, two judges, one to be elected in 1954, term	3633
to begin February 9, 1955, and one to be elected in 1970, term to	3634
begin on January 1, 1971;	3635

In Muskingum county, three judges, one to be elected in 1968,	3636
term to begin August 9, 1969, one to be elected in 1978, term to	3637
begin January 1, 1979, and one to be elected in 2002, term to	3638
begin January 2, 2003;	3639

In Portage county, three judges, one to be elected in 1956,	3640
term to begin January 1, 1957, the second to be elected in 1960,	3641
term to begin January 1, 1961, and the third to be elected in	3642
1986, term to begin January 2, 1987;	3643

In Ross county, two judges, one to be elected in 1956, term	3644
to begin February 9, 1957, and the second to be elected in 1976,	3645
term to begin January 1, 1977;	3646

In Scioto county, three judges, one to be elected in 1954,	3647
term to begin February 10, 1955, the second to be elected in 1960,	3648
term to begin January 1, 1961, and the third to be elected in	3649
1994, term to begin January 2, 1995;	3650

In Seneca county, two judges, one to be elected in 1956, term	3651
to begin January 1, 1957, and the second to be elected in 1986,	3652
term to begin January 2, 1987;	3653

In Warren county, four judges, one to be elected in 1954,	3654
term to begin February 9, 1955, the second to be elected in 1970,	3655
term to begin January 1, 1971, the third to be elected in 1986,	3656
term to begin January 1, 1987, and the fourth to be elected in	3657
2004, term to begin January 2, 2005;	3658

In Washington county, two judges, one to be elected in 1952,	3659
term to begin January 1, 1953, and one to be elected in 1986, term	3660
to begin January 1, 1987;	3661

In Wood county, three judges, one to be elected in 1968, term	3662
beginning January 1, 1969, the second to be elected in 1970, term	3663
to begin January 2, 1971, and the third to be elected in 1990,	3664
term to begin January 1, 1991;	3665

In Belmont and Jefferson counties, two judges, to be elected	3666
in 1954, terms to begin January 1, 1955, and February 9, 1955,	3667
respectively;	3668

In Clark county, four judges, one to be elected in 1952, term	3669
to begin January 1, 1953, the second to be elected in 1956, term	3670
to begin January 2, 1957, the third to be elected in 1986, term to	3671
begin January 3, 1987, and the fourth to be elected in 1994, term	3672
to begin January 2, 1995.	3673

In Clermont county, five judges, one to be elected in 1956,	3674
term to begin January 1, 1957, the second to be elected in 1964,	3675
term to begin January 1, 1965, the third to be elected in 1982,	3676
term to begin January 2, 1983, the fourth to be elected in 1986,	3677
term to begin January 2, 1987; and the fifth to be elected in	3678
2006, term to begin January 3, 2007;	3679

In Columbiana county, two judges, one to be elected in 1952,	3680
term to begin January 1, 1953, and the second to be elected in	3681
1956, term to begin January 1, 1957;	3682

In Delaware county, two judges, one to be elected in 1990,	3683
term to begin February 9, 1991, the second to be elected in 1994,	3684
term to begin January 1, 1995;	3685

In Lake county, six judges, one to be elected in 1958, term	3686
to begin January 1, 1959, the second to be elected in 1960, term	3687
to begin January 2, 1961, the third to be elected in 1964, term to	3688
begin January 3, 1965, the fourth and fifth to be elected in 1978,	3689
terms to begin January 4, 1979, and January 5, 1979, respectively,	3690
and the sixth to be elected in 2000, term to begin January 6,	3691
2001;	3692

In Licking county, four judges, one to be elected in 1954,	3693
term to begin February 9, 1955, one to be elected in 1964, term to	3694
begin January 1, 1965, one to be elected in 1990, term to begin	3695
January 1, 1991, and one to be elected in 2004, term to begin	3696
January 1, 2005;	3697

In Lorain county, ten judges, two to be elected in 1952,	3698
terms to begin January 1, 1953, and January 2, 1953, respectively,	3699
one to be elected in 1958, term to begin January 3, 1959, one to	3700
be elected in 1968, term to begin January 1, 1969, two to be	3701
elected in 1988, terms to begin January 4, 1989, and January 5,	3702
1989, respectively, two to be elected in 1998, terms to begin	3703
January 2, 1999, and January 3, 1999, respectively; one to be	3704
elected in 2006, term to begin January 6, 2007; and one to be	3705
elected in 2008, term to begin February 9, 2009, as described in	3706
division (C)(1)(c) of section 2301.03 of the Revised Code;	3707

In Butler county, eleven judges, one to be elected in 1956,	3708
term to begin January 1, 1957; two to be elected in 1954, terms to	3709
begin January 1, 1955, and February 9, 1955, respectively; one to	3710
be elected in 1968, term to begin January 2, 1969; one to be	3711
elected in 1986, term to begin January 3, 1987; two to be elected	3712
in 1988, terms to begin January 1, 1989, and January 2, 1989,	3713
respectively; one to be elected in 1992, term to begin January 4,	3714
1993; two to be elected in 2002, terms to begin January 2, 2003,	3715
and January 3, 2003, respectively; and one to be elected in 2006,	3716
term to begin January 3, 2007;	3717

In Richland county, four judges, one to be elected in 1956,	3718
term to begin January 1, 1957, the second to be elected in 1960,	3719
term to begin February 9, 1961, the third to be elected in 1968,	3720
term to begin January 2, 1969, and the fourth to be elected in	3721
2004, term to begin January 3, 2005;	3722

In Tuscarawas county, two judges, one to be elected in 1956,	3723
term to begin January 1, 1957, and the second to be elected in	3724
1960, term to begin January 2, 1961;	3725

In Wayne county, two judges, one to be elected in 1956, term	3726
beginning January 1, 1957, and one to be elected in 1968, term to	3727
begin January 2, 1969;	3728

In Trumbull county, six judges, one to be elected in 1952,	3729
term to begin January 1, 1953, the second to be elected in 1954,	3730
term to begin January 1, 1955, the third to be elected in 1956,	3731
term to begin January 1, 1957, the fourth to be elected in 1964,	3732
term to begin January 1, 1965, the fifth to be elected in 1976,	3733
term to begin January 2, 1977, and the sixth to be elected in	3734
1994, term to begin January 3, 1995;	3735

(C) In Cuyahoga county, thirty-nine judges; eight to be	3736
elected in 1954, terms to begin on successive days beginning from	3737
January 1, 1955, to January 7, 1955, and February 9, 1955,	3738
respectively; eight to be elected in 1956, terms to begin on	3739
successive days beginning from January 1, 1957, to January 8,	3740
1957; three to be elected in 1952, terms to begin from January 1,	3741
1953, to January 3, 1953; two to be elected in 1960, terms to	3742
begin on January 8, 1961, and January 9, 1961, respectively; two	3743
to be elected in 1964, terms to begin January 4, 1965, and January	3744
5, 1965, respectively; one to be elected in 1966, term to begin on	3745
January 10, 1967; four to be elected in 1968, terms to begin on	3746
successive days beginning from January 9, 1969, to January 12,	3747
1969; two to be elected in 1974, terms to begin on January 18,	3748
1975, and January 19, 1975, respectively; five to be elected in	3749
1976, terms to begin on successive days beginning January 6, 1977,	3750
to January 10, 1977; two to be elected in 1982, terms to begin	3751
January 11, 1983, and January 12, 1983, respectively; and two to	3752
be elected in 1986, terms to begin January 13, 1987, and January	3753
14, 1987, respectively;	3754

In Franklin county, twenty-two judges; two to be elected in	3755
1954, terms to begin January 1, 1955, and February 9, 1955,	3756
respectively; four to be elected in 1956, terms to begin January	3757
1, 1957, to January 4, 1957; four to be elected in 1958, terms to	3758
begin January 1, 1959, to January 4, 1959; three to be elected in	3759
1968, terms to begin January 5, 1969, to January 7, 1969; three to	3760
be elected in 1976, terms to begin on successive days beginning	3761
January 5, 1977, to January 7, 1977; one to be elected in 1982,	3762
term to begin January 8, 1983; one to be elected in 1986, term to	3763
begin January 9, 1987; two to be elected in 1990, terms to begin	3764
July 1, 1991, and July 2, 1991, respectively; one to be elected in	3765
1996, term to begin January 2, 1997; and one to be elected in	3766
2004, term to begin July 1, 2005;	3767

In Hamilton county, twenty-one judges; eight to be elected in	3768
1966, terms to begin January 1, 1967, January 2, 1967, and from	3769
February 9, 1967, to February 14, 1967, respectively; five to be	3770
elected in 1956, terms to begin from January 1, 1957, to January	3771
5, 1957; one to be elected in 1964, term to begin January 1, 1965;	3772
one to be elected in 1974, term to begin January 15, 1975; one to	3773
be elected in 1980, term to begin January 16, 1981; two to be	3774
elected at large in the general election in 1982, terms to begin	3775
April 1, 1983; one to be elected in 1990, term to begin July 1,	3776
1991; and two to be elected in 1996, terms to begin January 3,	3777
1997, and January 4, 1997, respectively;	3778

In Lucas county, fourteen judges; two to be elected in 1954,	3779
terms to begin January 1, 1955, and February 9, 1955,	3780
respectively; two to be elected in 1956, terms to begin January 1,	3781
1957, and October 29, 1957, respectively; two to be elected in	3782
1952, terms to begin January 1, 1953, and January 2, 1953,	3783
respectively; one to be elected in 1964, term to begin January 3,	3784
1965; one to be elected in 1968, term to begin January 4, 1969;	3785
two to be elected in 1976, terms to begin January 4, 1977, and	3786
January 5, 1977, respectively; one to be elected in 1982, term to	3787
begin January 6, 1983; one to be elected in 1988, term to begin	3788
January 7, 1989; one to be elected in 1990, term to begin January	3789
2, 1991; and one to be elected in 1992, term to begin January 2,	3790
1993;	3791

In Mahoning county, seven judges; three to be elected in	3792
1954, terms to begin January 1, 1955, January 2, 1955, and	3793
February 9, 1955, respectively; one to be elected in 1956, term to	3794
begin January 1, 1957; one to be elected in 1952, term to begin	3795
January 1, 1953; one to be elected in 1968, term to begin January	3796
2, 1969; and one to be elected in 1990, term to begin July 1,	3797
1991;	3798

In Montgomery county, fifteen judges; three to be elected in	3799
1954, terms to begin January 1, 1955, January 2, 1955, and January	3800
3, 1955, respectively; four to be elected in 1952, terms to begin	3801
January 1, 1953, January 2, 1953, July 1, 1953, and July 2, 1953,	3802
respectively; one to be elected in 1964, term to begin January 3,	3803
1965; one to be elected in 1968, term to begin January 3, 1969;	3804
three to be elected in 1976, terms to begin on successive days	3805
beginning January 4, 1977, to January 6, 1977; two to be elected	3806
in 1990, terms to begin July 1, 1991, and July 2, 1991,	3807
respectively; and one to be elected in 1992, term to begin January	3808
1, 1993.	3809

In Stark county, eight judges; one to be elected in 1958,	3810
term to begin on January 2, 1959; two to be elected in 1954, terms	3811
to begin on January 1, 1955, and February 9, 1955, respectively;	3812
two to be elected in 1952, terms to begin January 1, 1953, and	3813
April 16, 1953, respectively; one to be elected in 1966, term to	3814
begin on January 4, 1967; and two to be elected in 1992, terms to	3815
begin January 1, 1993, and January 2, 1993, respectively;	3816

In Summit county, thirteen judges; four to be elected in	3817
1954, terms to begin January 1, 1955, January 2, 1955, January 3,	3818
1955, and February 9, 1955, respectively; three to be elected in	3819
1958, terms to begin January 1, 1959, January 2, 1959, and May 17,	3820
1959, respectively; one to be elected in 1966, term to begin	3821
January 4, 1967; one to be elected in 1968, term to begin January	3822
5, 1969; one to be elected in 1990, term to begin May 1, 1991; one	3823
to be elected in 1992, term to begin January 6, 1993; and two to	3824
be elected in 2008, terms to begin January 5, 2009, and January 6,	3825
2009, respectively.	3826

Notwithstanding the foregoing provisions, in any county	3827
having two or more judges of the court of common pleas, in which	3828
more than one-third of the judges plus one were previously elected	3829
at the same election, if the office of one of those judges so	3830
elected becomes vacant more than forty days prior to the second	3831
general election preceding the expiration of that judge's term,	3832
the office that that judge had filled shall be abolished as of the	3833
date of the next general election, and a new office of judge of	3834
the court of common pleas shall be created. The judge who is to	3835
fill that new office shall be elected for a six-year term at the	3836
next general election, and the term of that judge shall commence	3837
on the first day of the year following that general election, on	3838
which day no other judge's term begins, so that the number of	3839
judges that the county shall elect shall not be reduced.	3840

Judges of the probate division of the court of common pleas	3841
are judges of the court of common pleas but shall be elected	3842
pursuant to sections 2101.02 and 2101.021 of the Revised Code,	3843
except in Adams, Harrison, Henry, Morgan, Noble, and Wyandot	3844
counties in which the judge of the court of common pleas elected	3845
pursuant to this section also shall serve as judge of the probate	3846
division, except in Lorain county in which the judges of the	3847
domestic relations division of the Lorain county court of common	3848
pleas elected pursuant to this section also shall perform the	3849
duties and functions of the judge of the probate division, and	3850
except in Morrow county in which the successors to the judge	3851
judges of the court of common pleas elected in 1956 pursuant to	3852
this section also shall serve asperform the duties and functions	3853
of the judge of the probate division.	3854

Sec. 2305.26.  (A) An action by the state or an agency or	3855
political subdivision of the state to enforce a lien upon real or	3856
personal property created under and by virtue of section 1901.21,	3857
2505.13, 2937.25, 4123.76, 4123.78, 4141.23, 4509.60, or 5719.04	3858
of the Revised Code shall be brought within twelvefifteen years	3859
from the date when the lien or notice of continuation of the lien	3860
has been filed in the office of the county recorder. The	3861
fifteen-year limitation period applies to liens and notices of	3862
continuation of liens filed before, on, or after the effective	3863
date of the amendment of this section by .......... of the 126th	3864
general assembly.	3865

(B)(1) Except as otherwise provided in division (B)(2) of	3866
this section, beginning February 1, 2007, a notice of continuation	3867
of lien may be filed in the office of the county recorder within	3868
six months prior to the expiration of the twelve-yearfifteen-year	3869
period following the original filing of the lien or the filing of	3870
the notice of continuation of the lien as specified in division	3871
(A) of this section. The notice must identify the original notice	3872
of lien and state that the original lien is still effective. Upon	3873
timely filing of a notice of continuation of lien, the	3874
effectiveness of the original lien is continued for twelvefifteen	3875
years after the last date on which the lien was effective,	3876
whereupon it lapses, unless another notice of continuation of lien	3877
is filed prior to the lapse. Succeeding notices of continuation of	3878
lien may be filed in the same manner to continue the effectiveness	3879
of the original lien.	3880

(2) As used in division (B)(2) of this section, "interim	3881
period" means the period beginning September 26, 2003, and ending	3882
the day before the effective date of Sub. H.B. 390 of the 126th	3883
general assemblySeptember 27, 2006.	3884

Division (B)(2) of this section applies only to liens	3885
enforceable by an action subject to the limitation of division (A)	3886
of this section on September 25, 2003, as this section existed on	3887
that date, and notice of continuation of which would have had to	3888
have been filed under division (B) of this section, as this	3889
section existed on that date, during the interim period if this	3890
section had been in effect during the interim period.	3891

Notice of continuation of such a lien may be filed as	3892
otherwise provided in division (B)(1) of this section, except the	3893
notice shall be filed within six months prior to the expiration of	3894
threefifteen years following the expiration of the six-year	3895
period within which such notice was required to have been filed	3896
under this section as this section existed on September 25, 2003,	3897
or by February 1, 2007, whichever is later.	3898

(C) The recorder shall mark each notice of continuation of	3899
lien with a consecutive file number and with the date of filing	3900
and shall hold the notice open for public inspection. In addition,	3901
the recorder shall index the notices according to the names of the	3902
person against whom they are effective, and shall note in the	3903
index the file numbers of the notices. Except in cases of liens	3904
arising under section 5719.04 of the Revised Code, the recorder	3905
shall mark the record of the original lien "continued" and note	3906
thereon the date on which the notice of continuation of lien was	3907
filed. The recorder may remove a lapsed lien or lapsed notice of	3908
continuation of lien from the file and destroy it. For any	3909
services performed under this section, the county recorder shall	3910
charge and collect the fees set forth in section 317.32 of the	3911
Revised Code.	3912

(D) A notice of continuation of lien must be signed and filed	3913
by the clerk of the court or the magistrate in cases of liens	3914
arising under sections 1901.21, 2505.13, and 2937.25 of the	3915
Revised Code, by the industrial commission in cases of liens	3916
arising under sections 4123.76 and 4123.78 of the Revised Code, by	3917
the director of job and family services in cases of liens arising	3918
under section 4141.23 of the Revised Code, by the registrar of	3919
motor vehicles in cases of liens arising under section 4509.60 of	3920
the Revised Code, and by the county auditor in cases of liens	3921
arising under section 5719.04 of the Revised Code.	3922

Sec. 2329.07. (A)(1) If neither execution on a judgment	3923
rendered in a court of record or certified to the clerk of the	3924
court of common pleas in the county in which the judgment was	3925
rendered is issued, nor a certificate of judgment for obtaining a	3926
lien upon lands and tenements is issued and filed, as provided in	3927
sections 2329.02 and 2329.04 of the Revised Code, within five	3928
years from the date of the judgment or within five years from the	3929
date of the issuance of the last execution thereon or the issuance	3930
and filing of the last such certificate, whichever is later, then,	3931
unless the judgment is in favor of the state, the judgment shall	3932
be dormant and shall not operate as a lien upon the estate of the	3933
judgment debtor.	3934

(2) If the judgment is in favor of the state, the judgment	3935
shall not become dormant and shall not cease to operate as a lien	3936
against the estate of the judgment debtor provided that either	3937
execution on the judgment is issued or a certificate of judgment	3938
is issued and filed, as provided in sections 2329.02 and 2329.04	3939
of the Revised Code, within ten years from the date of the	3940
judgment or within twelvefifteen years from the date of the	3941
issuance of the last execution thereon or the issuance and filing	3942
of the last such certificate, whichever is later, except as	3943
otherwise provided in division (C) of this section. The	3944
fifteen-year limitation period applies to executions issued and	3945
certificates of judgments issued and filed before, on, or after	3946
the effective date of the amendment of this section by ..........	3947
of the 126th general assembly.	3948

(B) If, in any county other than that in which a judgment was	3949
rendered, the judgment has become a lien by reason of the filing,	3950
in the office of the clerk of the court of common pleas of that	3951
county, of a certificate of the judgment as provided in sections	3952
2329.02 and 2329.04 of the Revised Code, and if no execution is	3953
issued for the enforcement of the judgment within that county, or	3954
no further certificate of the judgment is filed in that county,	3955
within five years or, if the judgment is in favor of the state,	3956
within twelvefifteen years from the date of issuance of the last	3957
execution for the enforcement of the judgment within that county	3958
or the date of filing of the last certificate in that county,	3959
whichever is the later, then the judgment shall cease to operate	3960
as a lien upon lands and tenements of the judgment debtor within	3961
that county, except as otherwise provided in division (C) of this	3962
section. The fifteen-year limitation period applies to executions	3963
issued and certificates of judgments issued and filed before, on,	3964
or after the effective date of the amendment of this section by	3965
.......... of the 126th general assembly.	3966

(C)(1) As used in division (C) of this section, "interim	3967
period" means the period beginning September 26, 2003, and ending	3968
the day before the effective date of Sub. H.B. 390 of the 126th	3969
general assemblySeptember 27, 2006.	3970

(2) Division (C) of this section applies only to judgments in	3971
favor of the state that are subject to this section and to which	3972
both of the following apply:	3973

(a) The first issuance of execution on the judgment, or the	3974
first issuance and filing of the certificate of judgment, was	3975
issued or issued and filed within the ten-year period provided in	3976
this section before the beginning of the interim period;	3977

(b) Subsequent issuance of execution on the judgment or	3978
subsequent issuance and filing of the certificate of judgment	3979
would have been required during the interim period in order to	3980
keep the lien from becoming dormant under this section as this	3981
section existed on September 25, 2003, and as if this section as	3982
it existed on that date had been in effect during the interim	3983
period.	3984

(3) Such a judgment shall not become dormant and shall not	3985
cease to operate as a lien against the estate of the judgment	3986
debtor if either execution on the judgment is issued or a	3987
certificate of judgment is issued and filed, as provided in	3988
sections 2329.02 and 2329.04 of the Revised Code, within three	3989
fifteen years after the expiration of the ten-year period	3990
following issuance of the last execution on the judgment or	3991
following the issuance and filing of the last such certificate,	3992
whichever is later.	3993

Sec. 2701.06. EachThe secretary of state shall transmit	3994
each commission issued by the governor to a judge of the court of	3995
appeals or a judge of the court of common pleas shall be	3996
transmitted by the secretary of state, to the clerk of the court	3997
of common pleas of the county in which suchthat judge resides.	3998
SuchThe clerk shall receive the commission and forthwith transmit	3999
it to the person entitled theretoto it. Within twenty days after	4000
he has received such commission, suchThe person shall take the	4001
oath required byas provided in Section 7 of Article XV, Ohio	4002
Constitution and sections 3.22 and 3.23 of the Revised Code, and	4003
transmit a certificate thereof to such clerk, signed by the	4004
officer administering such oath.	4005

If such certificate is not transmitted to the clerk within	4006
twenty days, the person entitled to receive such commission is	4007
deemed to have refused to accept the office, and such office shall	4008
be considered vacant. The clerk shall forthwith certify the fact	4009
to the governor who shall fill the vacancy.	4010

Sec. 206.09.84.        Sec. 3310.41. (A) As used in this section:

4011

(1) "Alternative public provider" means either of the	4012
following providers that agrees to enroll a child in the	4013
provider's special education program to implement the child's	4014
individualized education program and to which the child's parent	4015
owes fees for the services provided to the child:	4016

(a) A school district that is not the school district in	4017
which the child is entitled to attend school;	4018

(b) A public entity other than a school district.

4019

(2) "Entitled to attend school" means entitled to attend	4020
school in a school district under section 3313.64 or 3313.65 of	4021
the Revised Code.	4022

(2)(3) "Formula ADM" and "category six special education ADM"	4023
have the same meanings as in section 3317.02 of the Revised Code.	4024

(3) "Individualized(4) "Handicapped preschool child" and	4025
"individualized education program" hashave the same meaning	4026
meanings as in section 3323.01 of the Revised Code.	4027

(4)(5) "Parent" has the same meaning as in section 3313.64 of	4028
the Revised Code, except that "parent" does not mean a parent	4029
whose custodial rights have been terminated.	4030

(5)(6) "Preschool scholarship ADM" means the number of	4031
handicapped preschool children reported under division (B)(3)(h)	4032
of section 3317.03 of the Revised Code.	4033

(7) "Qualified special education child" is a child for whom	4034
all of the following conditions apply:	4035

(a) The school district in which the child is entitled to	4036
attend school has identified the child as autistic. A child who	4037
has been identified as having a "pervasive developmental disorder	4038
- not otherwise specified (PPD-NOS)" shall be considered to be an	4039
autistic child for purposes of this section.	4040

(b) The school district in which the child is entitled to	4041
attend school has developed an individualized education program	4042
under Chapter 3323. of the Revised Code for the child.	4043

(c) The child either:

4044

(i) Was enrolled in the school district in which the child is	4045
entitled to attend school in any grade from preschool through	4046
twelve in the school year prior to the year in which a scholarship	4047
under this section is first sought for the child; or	4048

(ii) Is eligible to enter school in any grade preschool	4049
through twelve in the school district in which the child is	4050
entitled to attend school in the school year in which a	4051
scholarship under this section is first sought for the child.	4052

(6)(8) "Registered private provider" means a nonpublic school	4053
or other nonpublic entity that has been approved by the Department	4054
of Education to participate in the program established under this	4055
section.	4056

(B) There is hereby established the Pilot Project Special	4057
Education Scholarship Programautism scholarship program. Under	4058
the program, in fiscal years 2006 and 2007, the Department	4059
department of Educationeducation shall pay a scholarship to the	4060
parent of each qualified special education child upon application	4061
of that parent pursuant to procedures and deadlines established by	4062
rule of the State Boardstate board of Educationeducation. Each	4063
scholarship shall be used only to pay tuition for the child on	4064
whose behalf the scholarship is awarded to attend a special	4065
education program that implements the child's individualized	4066
education program and that is operated by a school district other	4067
than the school district in which the child is entitled to attend	4068
school, by another public entity,an alternative public provider	4069
or by a registered private provider. Each scholarship shall be in	4070
an amount not to exceed the lesser of the tuition charged for the	4071
child by the special education program or twenty thousand dollars.	4072
The purpose of the scholarship is to permit the parent of a	4073
qualified special education child the choice to send the child to	4074
a special education program, instead of the one operated by or for	4075
the school district in which the child is entitled to attend	4076
school, to receive the services prescribed in the child's	4077
individualized education program once the individualized education	4078
program is finalized. A scholarship under this section shall not	4079
be awarded to the parent of a child while the child's	4080
individualized education program is being developed by the school	4081
district in which the child is entitled to attend school, or while	4082
any administrative or judicial mediation or proceedings with	4083
respect to the content of the child's individualized education	4084
program are pending. A scholarship under this section shall not be	4085
used for a child to attend a public special education program that	4086
operates under a contract, compact, or other bilateral agreement	4087
between the school district in which the child is entitled to	4088
attend school and another school district or other public	4089
provider, or for a child to attend a community school established	4090
under Chapter 3314. of the Revised Code. However, nothing in this	4091
section or in any rule adopted by the State Board of Education	4092
state board shall prohibit a parent whose child attends a public	4093
special education program under a contract, compact, or other	4094
bilateral agreement, or a parent whose child attends a community	4095
school, from applying for and accepting a scholarship under this	4096
section so that the parent may withdraw the child from that	4097
program or community school and use the scholarship for the child	4098
to attend a special education program for which the parent is	4099
required to pay for services for the child. A child attending a	4100
special education program with a scholarship under this section	4101
shall continue to be entitled to transportation to and from that	4102
program in the manner prescribed by law.	4103

(C)(1) Notwithstanding anything to the contrary inAs	4104
prescribed in divisions (A)(2)(h), (B)(3)(g), and (B)(10) of	4105
section 3317.03 of the Revised Code, a child who is not a	4106
handicapped preschool child for whom a scholarship is awarded	4107
under this section shall be counted in the formula ADM and the	4108
category six special education ADM of the district in which the	4109
child is entitled to attend school and not in the formula ADM and	4110
the category six special education ADM of any other school	4111
district. As prescribed in divisions (B)(3)(h) and (B)(10) of	4112
section 3317.03 of the Revised Code, a child who is a handicapped	4113
preschool child for whom a scholarship is awarded under this	4114
section shall be counted in the preschool scholarship ADM and	4115
category six special education ADM of the school district in which	4116
the child is entitled to attend school and not in the preschool	4117
scholarship ADM or category six special education ADM of any other	4118
school district.	4119

(2) In each fiscal year, the Departmentdepartment shall	4120
deduct from the amounts paid to each school district under Chapter	4121
3317. of the Revised Code, and, if necessary, sections 321.24 and	4122
323.156 of the Revised Code, the aggregate amount of scholarships	4123
awarded under this section for qualified special education	4124
children included in the formula ADM, or preschool scholarship	4125
ADM, and in the category six special education ADM of that school	4126
district as provided in division (C)(1) of this section. The	4127
scholarships deducted shall be considered as an approved special	4128
education and related services expense for the purpose of the	4129
school district's compliance with division (C)(5) of section	4130
3317.022 of the Revised Code.	4131

(3) From time to time, the Departmentdepartment shall make a	4132
payment to the parent of each qualified special education child	4133
for whom a scholarship has been awarded under this section. The	4134
scholarship amount shall be proportionately reduced in the case of	4135
any such child who is not enrolled in the special education	4136
program for which a scholarship was awarded under this section for	4137
the entire school year. The Departmentdepartment shall make no	4138
payments to the parent of a child while any administrative or	4139
judicial mediation or proceedings with respect to the content of	4140
the child's individualized education program are pending.	4141

(D) A scholarship shall not be paid to a parent for payment	4142
of tuition owed to a nonpublic entity unless that entity is a	4143
registered private provider. The Departmentdepartment shall	4144
approve entities that meet the standards established by rule of	4145
the State Boardstate board for the program established under	4146
this section.	4147

(E) The State Boardstate board shall adopt rules under	4148
Chapter 119. of the Revised Code prescribing procedures necessary	4149
to implement this section, including, but not limited to,	4150
procedures and deadlines for parents to apply for scholarships,	4151
standards for registered private providers, and procedures for	4152
approval of entities as registered private providers. The Board	4153
shall adopt the rules so that the program established under this	4154
section is operational by January 1, 2004.	4155

Sec. 3317.013. ThisExcept for a handicapped preschool child	4156
for whom a scholarship has been awarded under section 3310.41 of	4157
the Revised Code, this section does not apply to handicapped	4158
preschool students.	4159

Analysis of special education cost data has resulted in a	4160
finding that the average special education additional cost per	4161
pupil, including the costs of related services, can be expressed	4162
as a multiple of the base cost per pupil calculated under section	4163
3317.012 of the Revised Code. The multiples for the following	4164
categories of special education programs, as these programs are	4165
defined for purposes of Chapter 3323. of the Revised Code, and	4166
adjusted as provided in this section, are as follows:	4167

(A) A multiple of 0.2892 for students whose primary or only	4168
identified handicap is a speech and language handicap, as this	4169
term is defined pursuant to Chapter 3323. of the Revised Code;	4170

(B) A multiple of 0.3691 for students identified as specific	4171
learning disabled or developmentally handicapped, as these terms	4172
are defined pursuant to Chapter 3323. of the Revised Code, or	4173
other health handicapped-minor;	4174

(C) A multiple of 1.7695 for students identified as hearing	4175
handicapped, vision impaired, or severe behavior handicapped, as	4176
these terms are defined pursuant to Chapter 3323. of the Revised	4177
Code;	4178

(D) A multiple of 2.3646 for students identified as	4179
orthopedically handicapped, as this term is defined pursuant to	4180
Chapter 3323. of the Revised Code or other health handicapped -	4181
major;	4182

(E) A multiple of 3.1129 for students identified as	4183
multihandicapped, as this term is defined pursuant to Chapter	4184
3323. of the Revised Code;	4185

(F) A multiple of 4.7342 for students identified as autistic,	4186
having traumatic brain injuries, or as both visually and hearing	4187
disabled, as these terms are defined pursuant to Chapter 3323. of	4188
the Revised Code.	4189

In fiscal year 2004, the multiples specified in divisions (A)	4190
to (F) of this section shall be adjusted by multiplying them by	4191
0.88. In fiscal years 2005, 2006, and 2007, the multiples	4192
specified in those divisions shall be adjusted by multiplying them	4193
by 0.90.	4194

Not later than the thirtieth day of May in 2004, 2005, 2006,	4195
and 2007, the department shall submit to the office of budget and	4196
management a report that specifies for each city, local, exempted	4197
village, and joint vocational school district the fiscal year	4198
allocation of the state and local shares of special education and	4199
related services additional weighted funding and federal special	4200
education funds passed through to the district.	4201

Sec. 3317.022.  (A) The department of education shall compute	4202
and distribute state base cost funding to each school district for	4203
the fiscal year using the information obtained under section	4204
3317.021 of the Revised Code in the calendar year in which the	4205
fiscal year begins.	4206

(1) Compute the following for each eligible district:

4207

{[(cost-of-doing-business factor X

4208

the formula amount X (formula ADM + preschool scholarship ADM)] +

4209

the sum of the base funding supplements

4210

prescribed in divisions (C)(1) to (4)

4211

of section 3317.012 of the Revised Code]} -

4212

[.023 x (the sum of recognized valuation

4213

and property exemption value)]

4214

If the difference obtained is a negative number, the	4215
district's computation shall be zero.	4216

(2) Compute both of the following for each school district:

4217

(a) The difference of (i) the district's fiscal year 2005	4218
base cost payment under the version of division (A)(1) of this	4219
section in effect in fiscal year 2005, minus (ii) the amount	4220
computed for the district for the current fiscal year under	4221
current division (A)(1) of this section;	4222

(b) The following amount:

4223

[(fiscal year 2005 base cost payment/fiscal

4224

year 2005 formula ADM) X

4225

(current year formula ADM + preschool scholarship ADM)] minus

4226

the amount computed for the district

4227

under current division (A)(1) of this section

4228

If one of the amounts computed under division (A)(2)(a) or	4229
(b) of this section is a positive amount, the department shall pay	4230
the district that amount in addition to the amount calculated	4231
under division (A)(1) of this section. If both amounts are	4232
positive amounts, the department shall pay the district the lesser	4233
of the two amounts in addition to the amount calculated under	4234
division (A)(1) of this section.	4235

(3)(a) For each school district for which the tax exempt	4236
value of the district equals or exceeds twenty-five per cent of	4237
the potential value of the district, the department of education	4238
shall calculate the difference between the district's tax exempt	4239
value and twenty-five per cent of the district's potential value.	4240

(b) For each school district to which division (A)(3)(a) of	4241
this section applies, the department shall adjust the recognized	4242
valuation used in the calculation under division (A)(1) of this	4243
section by subtracting from it the amount calculated under	4244
division (A)(3)(a) of this section.	4245

(B) As used in this section:

4246

(1) The "total special education weight" for a district means	4247
the sum of the following amounts:	4248

(a) The district's category one special education ADM	4249
multiplied by the multiple specified in division (A) of section	4250
3317.013 of the Revised Code;	4251

(b) The district's category two special education ADM	4252
multiplied by the multiple specified in division (B) of section	4253
3317.013 of the Revised Code;	4254

(c) The district's category three special education ADM	4255
multiplied by the multiple specified in division (C) of section	4256
3317.013 of the Revised Code;	4257

(d) The district's category four special education ADM	4258
multiplied by the multiple specified in division (D) of section	4259
3317.013 of the Revised Code;	4260

(e) The district's category five special education ADM	4261
multiplied by the multiple specified in division (E) of section	4262
3317.013 of the Revised Code;	4263

(f) The district's category six special education ADM	4264
multiplied by the multiple specified in division (F) of section	4265
3317.013 of the Revised Code.	4266

(2) "State share percentage" means the percentage calculated	4267
for a district as follows:	4268

(a) Calculate the state base cost funding amount for the	4269
district for the fiscal year under division (A) of this section.	4270
If the district would not receive any state base cost funding for	4271
that year under that division, the district's state share	4272
percentage is zero.	4273

(b) If the district would receive state base cost funding	4274
under that division, divide that amount by an amount equal to the	4275
following:	4276

(Cost-of-doing-business factor X

4277

the formula amount X formula ADM) +

4278

the sum of the base funding supplements

4279

prescribed in divisions (C)(1) to (4)

4280

of section 3317.012 of the Revised Code

4281

The resultant number is the district's state share	4282
percentage.	4283

(3) "Related services" includes:

4284

(a) Child study, special education supervisors and	4285
coordinators, speech and hearing services, adaptive physical	4286
development services, occupational or physical therapy, teacher	4287
assistants for handicapped children whose handicaps are described	4288
in division (B) of section 3317.013 or division (F)(3) of section	4289
3317.02 of the Revised Code, behavioral intervention, interpreter	4290
services, work study, nursing services, and specialized	4291
integrative services as those terms are defined by the department;	4292

(b) Speech and language services provided to any student with	4293
a handicap, including any student whose primary or only handicap	4294
is a speech and language handicap;	4295

(c) Any related service not specifically covered by other	4296
state funds but specified in federal law, including but not	4297
limited to, audiology and school psychological services;	4298

(d) Any service included in units funded under former	4299
division (O)(1) of section 3317.023 of the Revised Code;	4300

(e) Any other related service needed by handicapped children	4301
in accordance with their individualized education plans.	4302

(4) The "total vocational education weight" for a district	4303
means the sum of the following amounts:	4304

(a) The district's category one vocational education ADM	4305
multiplied by the multiple specified in division (A) of section	4306
3317.014 of the Revised Code;	4307

(b) The district's category two vocational education ADM	4308
multiplied by the multiple specified in division (B) of section	4309
3317.014 of the Revised Code.	4310

(5) "Preschool scholarship ADM" means the number of	4311
handicapped preschool children reported under division (B)(3)(h)	4312
of section 3317.03 of the Revised Code.	4313

(C)(1) The department shall compute and distribute state	4314
special education and related services additional weighted costs	4315
funds to each school district in accordance with the following	4316
formula:	4317

The district's state share percentage

4318

X the formula amount for the year

4319

for which the aid is calculated

4320

X the district's total special education weight

4321

(2) The attributed local share of special education and	4322
related services additional weighted costs equals:	4323

(1 - the district's state share percentage) X

4324

the district's total special education weight X

4325

the formula amount

4326

(3)(a) The department shall compute and pay in accordance	4327
with this division additional state aid to school districts for	4328
students in categories two through six special education ADM. If a	4329
district's costs for the fiscal year for a student in its	4330
categories two through six special education ADM exceed the	4331
threshold catastrophic cost for serving the student, the district	4332
may submit to the superintendent of public instruction	4333
documentation, as prescribed by the superintendent, of all its	4334
costs for that student. Upon submission of documentation for a	4335
student of the type and in the manner prescribed, the department	4336
shall pay to the district an amount equal to the sum of the	4337
following:	4338

(i) One-half of the district's costs for the student in	4339
excess of the threshold catastrophic cost;	4340

(ii) The product of one-half of the district's costs for the	4341
student in excess of the threshold catastrophic cost multiplied by	4342
the district's state share percentage.	4343

(b) For purposes of division (C)(3)(a) of this section, the	4344
threshold catastrophic cost for serving a student equals:	4345

(i) For a student in the school district's category two,	4346
three, four, or five special education ADM, twenty-five thousand	4347
dollars in fiscal year 2002, twenty-five thousand seven hundred	4348
dollars in fiscal years 2003, 2004, and 2005, and twenty-six	4349
thousand five hundred dollars in fiscal years 2006 and 2007;	4350

(ii) For a student in the district's category six special	4351
education ADM, thirty thousand dollars in fiscal year 2002, thirty	4352
thousand eight hundred forty dollars in fiscal years 2003, 2004,	4353
and 2005, and thirty-one thousand eight hundred dollars in fiscal	4354
years 2006 and 2007.	4355

(c) The district shall only report under division (C)(3)(a)	4356
of this section, and the department shall only pay for, the costs	4357
of educational expenses and the related services provided to the	4358
student in accordance with the student's individualized education	4359
program. Any legal fees, court costs, or other costs associated	4360
with any cause of action relating to the student may not be	4361
included in the amount.	4362

(4)(a) As used in this division, the "personnel allowance"	4363
means thirty thousand dollars in fiscal years 2002, 2003, 2004,	4364
2005, 2006, and 2007.	4365

(b) For the provision of speech language pathology services	4366
to students, including students who do not have individualized	4367
education programs prepared for them under Chapter 3323. of the	4368
Revised Code, and for no other purpose, the department of	4369
education shall pay each school district an amount calculated	4370
under the following formula:	4371

(formula ADM divided by 2000) X

4372

the personnel allowance X

4373

the state share percentage

4374

(5) In any fiscal year, a school district shall spend for	4375
purposes that the department designates as approved for special	4376
education and related services expenses at least the amount	4377
calculated as follows:	4378

(cost-of-doing-business factor X

4379

formula amount X the sum of categories

4380

one through six special education ADM) +

4381

(total special education weight X formula amount)

4382

The purposes approved by the department for special education	4383
expenses shall include, but shall not be limited to,	4384
identification of handicapped children, compliance with state	4385
rules governing the education of handicapped children and	4386
prescribing the continuum of program options for handicapped	4387
children, provision of speech language pathology services, and the	4388
portion of the school district's overall administrative and	4389
overhead costs that are attributable to the district's special	4390
education student population.	4391

The scholarships deducted from the school district's account	4392
under section 3310.41 of the Revised Code shall be considered to	4393
be an approved special education and related services expense for	4394
the purpose of the school district's compliance with division	4395
(C)(5) of this section.	4396

The department shall require school districts to report data	4397
annually to allow for monitoring compliance with division (C)(5)	4398
of this section. The department shall annually report to the	4399
governor and the general assembly the amount of money spent by	4400
each school district for special education and related services.	4401

(6) In any fiscal year, a school district shall spend for the	4402
provision of speech language pathology services not less than the	4403
sum of the amount calculated under division (C)(1) of this section	4404
for the students in the district's category one special education	4405
ADM and the amount calculated under division (C)(4) of this	4406
section.	4407

(D)(1) As used in this division:

4408

(a) "Daily bus miles per student" equals the number of bus	4409
miles traveled per day, divided by transportation base.	4410

(b) "Transportation base" equals total student count as	4411
defined in section 3301.011 of the Revised Code, minus the number	4412
of students enrolled in preschool handicapped units, plus the	4413
number of nonpublic school students included in transportation	4414
ADM.	4415

(c) "Transported student percentage" equals transportation	4416
ADM divided by transportation base.	4417

(d) "Transportation cost per student" equals total operating	4418
costs for board-owned or contractor-operated school buses divided	4419
by transportation base.	4420

(2) Analysis of student transportation cost data has resulted	4421
in a finding that an average efficient transportation use cost per	4422
student can be calculated by means of a regression formula that	4423
has as its two independent variables the number of daily bus miles	4424
per student and the transported student percentage. For fiscal	4425
year 1998 transportation cost data, the average efficient	4426
transportation use cost per student is expressed as follows:	4427

51.79027 + (139.62626 X daily bus miles per student) +

4428

(116.25573 X transported student percentage)

4429

The department of education shall annually determine the	4430
average efficient transportation use cost per student in	4431
accordance with the principles stated in division (D)(2) of this	4432
section, updating the intercept and regression coefficients of the	4433
regression formula modeled in this division, based on an annual	4434
statewide analysis of each school district's daily bus miles per	4435
student, transported student percentage, and transportation cost	4436
per student data. The department shall conduct the annual update	4437
using data, including daily bus miles per student, transported	4438
student percentage, and transportation cost per student data, from	4439
the prior fiscal year. The department shall notify the office of	4440
budget and management of such update by the fifteenth day of	4441
February of each year.	4442

(3) In addition to funds paid under divisions (A), (C), and	4443
(E) of this section, each district with a transported student	4444
percentage greater than zero shall receive a payment equal to a	4445
percentage of the product of the district's transportation base	4446
from the prior fiscal year times the annually updated average	4447
efficient transportation use cost per student, times an inflation	4448
factor of two and eight tenths per cent to account for the	4449
one-year difference between the data used in updating the formula	4450
and calculating the payment and the year in which the payment is	4451
made. The percentage shall be the following percentage of that	4452
product specified for the corresponding fiscal year:	4453

	FISCAL YEAR		PERCENTAGE		4454
	2000		52.5%		4455
	2001		55%		4456
	2002		57.5%		4457
	2003 and thereafter		The greater of 60% or the district's state share percentage		4458

The payments made under division (D)(3) of this section each	4459
year shall be calculated based on all of the same prior year's	4460
data used to update the formula.	4461

(4) In addition to funds paid under divisions (D)(2) and (3)	4462
of this section, a school district shall receive a rough road	4463
subsidy if both of the following apply:	4464

(a) Its county rough road percentage is higher than the	4465
statewide rough road percentage, as those terms are defined in	4466
division (D)(5) of this section;	4467

(b) Its district student density is lower than the statewide	4468
student density, as those terms are defined in that division.	4469

(5) The rough road subsidy paid to each district meeting the	4470
qualifications of division (D)(4) of this section shall be	4471
calculated in accordance with the following formula:	4472

(per rough mile subsidy X total rough road miles) X

4473

density multiplier

4474

where:

4475

(a) "Per rough mile subsidy" equals the amount calculated in	4476
accordance with the following formula:	4477

0.75 - {0.75 X [(maximum rough road percentage -

4478

county rough road percentage)/(maximum rough road percentage -

4479

statewide rough road percentage)]}

4480

(i) "Maximum rough road percentage" means the highest county	4481
rough road percentage in the state.	4482

(ii) "County rough road percentage" equals the percentage of	4483
the mileage of state, municipal, county, and township roads that	4484
is rated by the department of transportation as type A, B, C, E2,	4485
or F in the county in which the school district is located or, if	4486
the district is located in more than one county, the county to	4487
which it is assigned for purposes of determining its	4488
cost-of-doing-business factor.	4489

(iii) "Statewide rough road percentage" means the percentage	4490
of the statewide total mileage of state, municipal, county, and	4491
township roads that is rated as type A, B, C, E2, or F by the	4492
department of transportation.	4493

(b) "Total rough road miles" means a school district's total	4494
bus miles traveled in one year times its county rough road	4495
percentage.	4496

(c) "Density multiplier" means a figure calculated in	4497
accordance with the following formula:	4498

1 - [(minimum student density - district student

4499

density)/(minimum student density -

4500

statewide student density)]

4501

(i) "Minimum student density" means the lowest district	4502
student density in the state.	4503

(ii) "District student density" means a school district's	4504
transportation base divided by the number of square miles in the	4505
district.	4506

(iii) "Statewide student density" means the sum of the	4507
transportation bases for all school districts divided by the sum	4508
of the square miles in all school districts.	4509

(6) In addition to funds paid under divisions (D)(2) to (5)	4510
of this section, each district shall receive in accordance with	4511
rules adopted by the state board of education a payment for	4512
students transported by means other than board-owned or	4513
contractor-operated buses and whose transportation is not funded	4514
under division (G) of section 3317.024 of the Revised Code. The	4515
rules shall include provisions for school district reporting of	4516
such students.	4517

(E)(1) The department shall compute and distribute state	4518
vocational education additional weighted costs funds to each	4519
school district in accordance with the following formula:	4520

state share percentage X

4521

the formula amount X

4522

total vocational education weight

4523

In any fiscal year, a school district receiving funds under	4524
division (E)(1) of this section shall spend those funds only for	4525
the purposes that the department designates as approved for	4526
vocational education expenses. Vocational educational expenses	4527
approved by the department shall include only expenses connected	4528
to the delivery of career-technical programming to	4529
career-technical students. The department shall require the school	4530
district to report data annually so that the department may	4531
monitor the district's compliance with the requirements regarding	4532
the manner in which funding received under division (E)(1) of this	4533
section may be spent.	4534

(2) The department shall compute for each school district	4535
state funds for vocational education associated services in	4536
accordance with the following formula:	4537

state share percentage X .05 X

4538

the formula amount X the sum of categories one and two

4539

vocational education ADM

4540

In any fiscal year, a school district receiving funds under	4541
division (E)(2) of this section, or through a transfer of funds	4542
pursuant to division (L) of section 3317.023 of the Revised Code,	4543
shall spend those funds only for the purposes that the department	4544
designates as approved for vocational education associated	4545
services expenses, which may include such purposes as	4546
apprenticeship coordinators, coordinators for other vocational	4547
education services, vocational evaluation, and other purposes	4548
designated by the department. The department may deny payment	4549
under division (E)(2) of this section to any district that the	4550
department determines is not operating those services or is using	4551
funds paid under division (E)(2) of this section, or through a	4552
transfer of funds pursuant to division (L) of section 3317.023 of	4553
the Revised Code, for other purposes.	4554

(F) The actual local share in any fiscal year for the	4555
combination of special education and related services additional	4556
weighted costs funding calculated under division (C)(1) of this	4557
section, transportation funding calculated under divisions (D)(2)	4558
and (3) of this section, and vocational education and associated	4559
services additional weighted costs funding calculated under	4560
divisions (E)(1) and (2) of this section shall not exceed for any	4561
school district the product of three and three-tenths mills times	4562
the district's recognized valuation. The department annually shall	4563
pay each school district as an excess cost supplement any amount	4564
by which the sum of the district's attributed local shares for	4565
that funding exceeds that product. For purposes of calculating the	4566
excess cost supplement:	4567

(1) The attributed local share for special education and	4568
related services additional weighted costs funding is the amount	4569
specified in division (C)(2) of this section.	4570

(2) The attributed local share of transportation funding	4571
equals the difference of the total amount calculated for the	4572
district using the formula developed under division (D)(2) of this	4573
section minus the actual amount paid to the district after	4574
applying the percentage specified in division (D)(3) of this	4575
section.	4576

(3) The attributed local share of vocational education and	4577
associated services additional weighted costs funding is the	4578
amount determined as follows:	4579

(1 - state share percentage) X

4580

[(total vocational education weight X

4581

the formula amount) + the payment under

4582

division (E)(2) of this section]

4583

Sec. 3317.029.  (A) As used in this section:

4584

(1) "Poverty percentage" means the quotient obtained by	4585
dividing the five-year average number of children ages five to	4586
seventeen residing in the school district and living in a family	4587
receiving assistance under the Ohio works first program or an	4588
antecedent program known as TANF or ADC, as certified or adjusted	4589
under section 3317.10 of the Revised Code, by the district's	4590
three-year average formula ADM.	4591

(2) "Statewide poverty percentage" means the five-year	4592
average of the total number of children ages five to seventeen	4593
years residing in the state and receiving assistance under the	4594
Ohio works first program or an antecedent program known as TANF or	4595
ADC, divided by the sum of the three-year average formula ADMs for	4596
all school districts in the state.	4597

(3) "Poverty index" means the quotient obtained by dividing	4598
the school district's poverty percentage by the statewide poverty	4599
percentage.	4600

(4) "Poverty student count" means the five-year average	4601
number of children ages five to seventeen residing in the school	4602
district and living in a family receiving assistance under the	4603
Ohio works first program or an antecedent program known as TANF or	4604
ADC, as certified under section 3317.10 of the Revised Code.	4605

(5) "Kindergarten ADM" means the number of students reported	4606
under section 3317.03 of the Revised Code as enrolled in	4607
kindergarten, excluding any kindergarten students reported under	4608
division (B)(3)(e) or, (f), or (g) of section 3317.03 of the	4609
Revised Code.	4610

(6) "Kindergarten through third grade ADM" means the amount	4611
calculated as follows:	4612

(a) Multiply the kindergarten ADM by the sum of one plus the	4613
all-day kindergarten percentage;	4614

(b) Add the number of students in grades one through three;

4615

(c) Subtract from the sum calculated under division (A)(6)(b)	4616
of this section the number of special education students in grades	4617
kindergarten through three.	4618

"Kindergarten through third grade ADM" shall not include any	4619
students reported under division (B)(3)(e) or, (f), or (g) of	4620
section 3317.03 of the Revised Code.	4621

(7) "All-day kindergarten" means a kindergarten class that is	4622
in session five days per week for not less than the same number of	4623
clock hours each day as for pupils in grades one through six.	4624

(8) "All-day kindergarten percentage" means the percentage of	4625
a district's actual total number of students enrolled in	4626
kindergarten who are enrolled in all-day kindergarten.	4627

(9) "Buildings with the highest concentration of need" means	4628
the school buildings in a district with percentages of students in	4629
grades kindergarten through three receiving assistance under Ohio	4630
works first at least as high as the district-wide percentage of	4631
students receiving such assistance.	4632

If, in any fiscal year, the information provided by the	4633
department of job and family services under section 3317.10 of the	4634
Revised Code is insufficient to determine the Ohio works first	4635
percentage in each building, "buildings with the highest	4636
concentration of need" has the meaning given in rules that the	4637
department of education shall adopt. The rules shall base the	4638
definition of "buildings with the highest concentration of need"	4639
on family income of students in grades kindergarten through three	4640
in a manner that, to the extent possible with available data,	4641
approximates the intent of this division and division (K) of this	4642
section to designate buildings where the Ohio works first	4643
percentage in those grades equals or exceeds the district-wide	4644
Ohio works first percentage.	4645

(B) In addition to the amounts required to be paid to a	4646
school district under section 3317.022 of the Revised Code, the	4647
department of education shall compute and distribute to each	4648
school district for poverty-based assistance the greater of the	4649
following:	4650

(1) The amount the district received in fiscal year 2005 for	4651
disadvantaged pupil impact aid pursuant to Section 41.10 of Am.	4652
Sub. H.B. 95 of the 125th General Assemblygeneral assembly, as	4653
amended, minus the amount deducted from the district under Section	4654
16 of Am. Sub. S.B. 2 of the 125th General Assemblygeneral	4655
assembly that year for payments to internet- and computer-based	4656
community schools;	4657

(2) The sum of the computations made under divisions (C) to	4658
(I) of this section.	4659

(C) A payment for academic intervention programs, if the	4660
district's poverty index is greater than or equal to 0.25,	4661
calculated as follows:	4662

(1) If the district's poverty index is greater than or equal	4663
to 0.25, calculate the district's level one amount for large-group	4664
academic intervention for all students as follows:	4665

(a) If the district's poverty index is greater than or equal	4666
to 0.25 but less than 0.75:	4667

large-group intervention units X hourly rate X

4668

level one hours X [(poverty index – 0.25)/0.5]

4669

X phase-in percentage

4670

Where:

4671

(i) "Large-group intervention units" equals the district's	4672
formula ADM divided by 20;	4673

(ii) "Hourly rate" equals $20.00 in fiscal year 2006 and	4674
$20.40 in fiscal year 2007;	4675

(iii) "Level one hours" equals 25 hours;

4676

(iv) "Phase-in percentage" equals 0.60 in fiscal year 2006	4677
and 1.00 in fiscal year 2007.	4678

(b) If the district's poverty index is greater than or equal	4679
to 0.75:	4680

large-group intervention units X hourly rate X

4681

level one hours X phase-in percentage

4682

Where "large-group intervention units," "hourly rate," "level	4683
one hours," and "phase-in percentage" have the same meanings as in	4684
division (C)(1)(a) of this section.	4685

(2) If the district's poverty index is greater than or equal	4686
to 0.75, calculate the district's level two amount for	4687
medium-group academic intervention for all students as follows:	4688

(a) If the district's poverty index is greater than or equal	4689
to 0.75 but less than 1.50:	4690

medium-group intervention units X hourly rate

4691

X {level one hours + [25 hours X ((poverty index – 0.75)/0.75)]}

4692

X phase-in percentage

4693

Where:

4694

(i) "Medium group intervention units" equals the district's	4695
formula ADM divided by 15;	4696

(ii) "Hourly rate," "level one hours," and "phase-in	4697
percentage" have the same meanings as in division (C)(1)(a) of	4698
this section.	4699

(b) If the district's poverty index is greater than or equal	4700
to 1.50:	4701

medium-group intervention units X hourly rate X

4702

level two hours X phase-in percentage

4703

Where:

4704

(i) "Medium group intervention units" has the same meaning as	4705
in division (C)(2)(a)(i) of this section;	4706

(ii) "Hourly rate" and "phase-in percentage" have the same	4707
meanings as in division (C)(1)(a) of this section;	4708

(iii) "Level two hours" equals 50 hours.

4709

(3) If the district's poverty index is greater than or equal	4710
to 1.50, calculate the district's level three amount for	4711
small-group academic intervention for impoverished students as	4712
follows:	4713

(a) If the district's poverty index is greater than or equal	4714
to 1.50 but less than 2.50:	4715

small group intervention units X hourly rate X

4716

{level one hours + [level three hours X

4717

(poverty index – 1.50)]} X phase-in percentage

4718

Where:

4719

(i) "Small group intervention units" equals the quotient of	4720
(the district's poverty student count times 3) divided by 10;	4721

(ii) "Hourly rate," "level one hours," and "phase-in	4722
percentage" have the same meanings as in division (C)(1)(a) of	4723
this section;	4724

(iii) "Level three hours" equals 135 hours.

4725

(b) If the district's poverty index is greater than or equal	4726
to 2.50:	4727

small group intervention units X hourly rate

4728

X level three hours X phase-in percentage

4729

Where:

4730

(i) "Small group intervention units" has the same meaning as	4731
in division (C)(3)(a)(i) of this section;	4732

(ii) "Hourly rate" and "phase-in percentage" have the same	4733
meanings as in division (C)(1)(a) of this section;	4734

(iii) "Level three hours" equals 160 hours.

4735

Any district that receives funds under division (C)(2) or (3)	4736
of this section annually shall submit to the department of	4737
education by a date established by the department a plan	4738
describing how the district will deploy those funds. The	4739
deployment measures described in that plan shall comply with any	4740
applicable spending requirements prescribed in division (J)(6) of	4741
this section or with any order issued by the superintendent of	4742
public instruction under section 3317.017 of the Revised Code.	4743

(D) A payment for all-day kindergarten if the poverty index	4744
of the school district is greater than or equal to 1.0 or if the	4745
district's three-year average formula ADM exceeded seventeen	4746
thousand five hundred. In addition, the department shall make a	4747
payment under this division to any school district that, in a	4748
prior fiscal year, qualified for this payment and provided all-day	4749
kindergarten, regardless of changes to the district's poverty	4750
index. The department shall calculate the payment under this	4751
division by multiplying the all-day kindergarten percentage by the	4752
kindergarten ADM and multiplying that product by the formula	4753
amount.	4754

(E) A class-size reduction payment based on calculating the	4755
number of new teachers necessary to achieve a lower	4756
student-teacher ratio, as follows:	4757

(1) Determine or calculate a formula number of teachers per	4758
one thousand students based on the poverty index of the school	4759
district as follows:	4760

(a) If the poverty index of the school district is less than	4761
1.0, the formula number of teachers is 50.0, which is the number	4762
of teachers per one thousand students at a student-teacher ratio	4763
of twenty to one;	4764

(b) If the poverty index of the school district is greater	4765
than or equal to 1.0, but less than 1.5, the formula number of	4766
teachers is calculated as follows:	4767

50.0 + {[(poverty index – 1.0)/0.5] X 16.667}

4768

Where 50.0 is the number of teachers per one thousand	4769
students at a student-teacher ratio of twenty to one; 0.5 is the	4770
interval from a poverty index of 1.0 to a poverty index of 1.5;	4771
and 16.667 is the difference in the number of teachers per one	4772
thousand students at a student-teacher ratio of fifteen to one and	4773
the number of teachers per one thousand students at a	4774
student-teacher ratio of twenty to one.	4775

(c) If the poverty index of the school district is greater	4776
than or equal to 1.5, the formula number of teachers is 66.667,	4777
which is the number of teachers per one thousand students at a	4778
student-teacher ratio of fifteen to one.	4779

(2) Multiply the formula number of teachers determined or	4780
calculated in division (E)(1) of this section by the kindergarten	4781
through third grade ADM for the district and divide that product	4782
by one thousand;	4783

(3) Calculate the number of new teachers as follows:

4784

(a) Multiply the kindergarten through third grade ADM by	4785
50.0, which is the number of teachers per one thousand students at	4786
a student-teacher ratio of twenty to one, and divide that product	4787
by one thousand;	4788

(b) Subtract the quotient obtained in division (E)(3)(a) of	4789
this section from the product in division (E)(2) of this section.	4790

(4) Multiply the greater of the difference obtained under	4791
division (E)(3) of this section or zero by the statewide average	4792
teachers compensation. For this purpose, the "statewide average	4793
teacher compensation" is $53,680 in fiscal year 2006 and $54,941	4794
in fiscal year 2007, which includes an amount for the value of	4795
fringe benefits.	4796

(F) A payment for services to limited English proficient	4797
students, if the district's poverty index is greater than or equal	4798
to 1.0 and the proportion of its students who are limited English	4799
proficient, as reported in 2003 on its school district report	4800
issued under section 3302.03 of the Revised Code for the 2002-2003	4801
school year, is greater than or equal to 2.0%, calculated as	4802
follows:	4803

(1) If the district's poverty index is greater than or equal	4804
to 1.0, but less than 1.75, determine the amount per limited	4805
English proficient student as follows:	4806

{0.125 + [0.125 X ((poverty index - 1.0)/0.75)]}

4807

X formula amount

4808

(2) If the district's poverty index is greater than or equal	4809
to 1.75, the amount per limited English proficient student equals:	4810

0.25 X formula amount

4811

(3) Multiply the per student amount determined for the	4812
district under division (F)(1) or (2) of this section by the	4813
number of the district's limited English proficient students,	4814
times a phase-in percentage of 0.40 in fiscal year 2006 and 0.70	4815
in fiscal year 2007. For purposes of this calculation, the number	4816
of limited English proficient students for each district shall be	4817
the number determined by the department when it calculated the	4818
district's percentage of limited English proficient students for	4819
its school district report card issued in 2003 for the 2002-2003	4820
school year.	4821

Not later than December 31, 2006, the department of education	4822
shall recommend to the general assembly and the director of budget	4823
and management a method of identifying the number of limited	4824
English proficient students for purposes of calculating payments	4825
under this division after fiscal year 2007.	4826

(G) A payment for professional development of teachers, if	4827
the district's poverty index is greater than or equal to 1.0,	4828
calculated as follows:	4829

(1) If the district's poverty index is greater than or equal	4830
to 1.0, but less than 1.75, determine the amount per teacher as	4831
follows:	4832

[(poverty index – 1.0)/0.75] X 0.045 X formula amount

4833

(2) If the district's poverty index is greater than or equal	4834
to 1.75, the amount per teacher equals:	4835

0.045 X formula amount

4836

(3) Determine the number of teachers, as follows:

4837

(formula ADM/17)

4838

(4) Multiply the per teacher amount determined for the	4839
district under division (G)(1) or (2) of this section by the	4840
number of teachers determined under division (G)(3) of this	4841
section, times a phase-in percentage of 0.40 in fiscal year 2006	4842
and 0.70 in fiscal year 2007.	4843

(H) A payment for dropout prevention, if the district is a	4844
big eight school district as defined in section 3314.02 of the	4845
Revised Code, calculated as follows:	4846

0.005 X formula amount X poverty index

4847

X formula ADM X phase-in percentage

4848

Where "phase-in percentage" equals 0.40 in fiscal year 2006	4849
and 0.70 in fiscal year 2007.	4850

(I) An amount for community outreach, if the district is an	4851
urban school district as defined in section 3314.02 of the Revised	4852
Code, calculated as follows:	4853

0.005 X formula amount X poverty index X

4854

formula ADM X phase-in percentage

4855

Where "phase-in percentage" equals 0.40 in fiscal year 2006	4856
and 0.70 in fiscal year 2007.	4857

(J) This division applies only to school districts whose	4858
poverty index is 1.0 or greater.	4859

(1) Each school district subject to this division shall first	4860
utilize funds received under this section so that, when combined	4861
with other funds of the district, sufficient funds exist to	4862
provide all-day kindergarten to at least the number of children in	4863
the district's all-day kindergarten percentage. To satisfy this	4864
requirement, a district may use funds paid under division (C),	4865
(F), (G), (H), or (I) of this section to provide all-day	4866
kindergarten in addition to the all-day kindergarten payment under	4867
division (D) of this section.	4868

(2) Except as permitted under division (J)(1) of this	4869
section, each school district shall use its payment under division	4870
(F) of this section for one or more of the following purposes:	4871

(a) To hire teachers for limited English proficient students	4872
or other personnel to provide intervention services for those	4873
students;	4874

(b) To contract for intervention services for those students;

4875

(c) To provide other services to assist those students in	4876
passing the third-grade reading achievement test, and to provide	4877
for those students the intervention services required by section	4878
3313.608 of the Revised Code.	4879

(3) Except as permitted under division (J)(1) of this	4880
section, each school district shall use its payment under division	4881
(G) of this section for professional development of teachers or	4882
other licensed personnel providing educational services to	4883
students only in one or more of the following areas:	4884

(a) Data-based decision making;

4885

(b) Standards-based curriculum models;

4886

(c) Job-embedded professional development activities that are	4887
research-based, as defined in federal law.	4888

In addition, each district shall use the payment only to	4889
implement programs identified on a list of eligible professional	4890
development programs provided by the department of education. The	4891
department annually shall provide the list to each district	4892
receiving a payment under division (G) of this section. However, a	4893
district may apply to the department for a waiver to implement an	4894
alternative professional development program in one or more of the	4895
areas specified in divisions (J)(3)(a) to (c) of this section. If	4896
the department grants the waiver, the district may use its payment	4897
under division (G) of this section to implement the alternative	4898
program.	4899

(4) Except as permitted under division (J)(1) of this	4900
section, each big eight school district shall use its payment	4901
under division (H) of this section either for preventing at-risk	4902
students from dropping out of school, for safety and security	4903
measures described in division (J)(5)(b) of this section, for	4904
academic intervention services described in division (J)(6) of	4905
this section, or for a combination of those purposes. Not later	4906
than September 1, 2005, the department of education shall provide	4907
each big eight school district with a list of dropout prevention	4908
programs that it has determined are successful. The department	4909
subsequently may update the list. Each district that elects to use	4910
its payment under division (H) of this section for dropout	4911
prevention shall use the payment only to implement a dropout	4912
prevention program specified on the department's list. However, a	4913
district may apply to the department for a waiver to implement an	4914
alternative dropout prevention program. If the department grants	4915
the waiver, the district may use its payment under division (H) of	4916
this section to implement the alternative program.	4917

(5) Except as permitted under division (J)(1) of this	4918
section, each urban school district that has a poverty index	4919
greater than or equal to 1.0 shall use its payment under division	4920
(I) of this section for one or a combination of the following	4921
purposes:	4922

(a) To hire or contract for community liaison officers,	4923
attendance or truant officers, or safety and security personnel;	4924

(b) To implement programs designed to ensure that schools are	4925
free of drugs and violence and have a disciplined environment	4926
conducive to learning;	4927

(c) To implement academic intervention services described in	4928
division (J)(6) of this section.	4929

(6) Except as permitted under division (J)(1) of this	4930
section, each school district with a poverty index greater than or	4931
equal to 1.0 shall use the amount of its payment under division	4932
(C) of this section, and may use any amount of its payment under	4933
division (H) or (I) of this section, for academic intervention	4934
services for students who have failed or are in danger of failing	4935
any of the tests administered pursuant to section 3301.0710 of the	4936
Revised Code, including intervention services required by section	4937
3313.608 of the Revised Code. Except as permitted under division	4938
(J)(1) of this section, no district shall spend any portion of its	4939
payment under division (C) of this section for any other purpose.	4940
Notwithstanding any provision to the contrary in Chapter 4117. of	4941
the Revised Code, no collective bargaining agreement entered into	4942
after June 30, 2005, shall require use of the payment for any	4943
other purpose.	4944

(7) Except as otherwise required by division (K) or permitted	4945
under division (O) of this section, all remaining funds	4946
distributed under this section to districts with a poverty index	4947
greater than or equal to 1.0 shall be utilized for the purpose of	4948
the third grade guarantee. The third grade guarantee consists of	4949
increasing the amount of instructional attention received per	4950
pupil in kindergarten through third grade, either by reducing the	4951
ratio of students to instructional personnel or by increasing the	4952
amount of instruction and curriculum-related activities by	4953
extending the length of the school day or the school year.	4954

School districts may implement a reduction of the ratio of	4955
students to instructional personnel through any or all of the	4956
following methods:	4957

(a) Reducing the number of students in a classroom taught by	4958
a single teacher;	4959

(b) Employing full-time educational aides or educational	4960
paraprofessionals issued a permit or license under section	4961
3319.088 of the Revised Code;	4962

(c) Instituting a team-teaching method that will result in a	4963
lower student-teacher ratio in a classroom.	4964

Districts may extend the school day either by increasing the	4965
amount of time allocated for each class, increasing the number of	4966
classes provided per day, offering optional academic-related	4967
after-school programs, providing curriculum-related extra	4968
curricular activities, or establishing tutoring or remedial	4969
services for students who have demonstrated an educational need.	4970
In accordance with section 3319.089 of the Revised Code, a	4971
district extending the school day pursuant to this division may	4972
utilize a participant of the work experience program who has a	4973
child enrolled in a public school in that district and who is	4974
fulfilling the work requirements of that program by volunteering	4975
or working in that public school. If the work experience program	4976
participant is compensated, the school district may use the funds	4977
distributed under this section for all or part of the	4978
compensation.	4979

Districts may extend the school year either through adding	4980
regular days of instruction to the school calendar or by providing	4981
summer programs.	4982

(K) Each district shall not expend any funds received under	4983
division (E) of this section in any school buildings that are not	4984
buildings with the highest concentration of need, unless there is	4985
a ratio of instructional personnel to students of no more than	4986
fifteen to one in each kindergarten and first grade class in all	4987
buildings with the highest concentration of need. This division	4988
does not require that the funds used in buildings with the highest	4989
concentration of need be spent solely to reduce the ratio of	4990
instructional personnel to students in kindergarten and first	4991
grade. A school district may spend the funds in those buildings in	4992
any manner permitted by division (J)(7) of this section, but may	4993
not spend the money in other buildings unless the fifteen-to-one	4994
ratio required by this division is attained.	4995

(L)(1) By the first day of August of each fiscal year, each	4996
school district wishing to receive any funds under division (D) of	4997
this section shall submit to the department of education an	4998
estimate of its all-day kindergarten percentage. Each district	4999
shall update its estimate throughout the fiscal year in the form	5000
and manner required by the department, and the department shall	5001
adjust payments under this section to reflect the updates.	5002

(2) Annually by the end of December, the department of	5003
education, utilizing data from the information system established	5004
under section 3301.0714 of the Revised Code, shall determine for	5005
each school district subject to division (J) of this section	5006
whether in the preceding fiscal year the district's ratio of	5007
instructional personnel to students and its number of kindergarten	5008
students receiving all-day kindergarten appear reasonable, given	5009
the amounts of money the district received for that fiscal year	5010
pursuant to divisions (D) and (E) of this section. If the	5011
department is unable to verify from the data available that	5012
students are receiving reasonable amounts of instructional	5013
attention and all-day kindergarten, given the funds the district	5014
has received under this section and that class-size reduction	5015
funds are being used in school buildings with the highest	5016
concentration of need as required by division (K) of this section,	5017
the department shall conduct a more intensive investigation to	5018
ensure that funds have been expended as required by this section.	5019
The department shall file an annual report of its findings under	5020
this division with the chairpersons of the committees in each	5021
house of the general assembly dealing with finance and education.	5022

(M)(1) Each school district with a poverty index less than	5023
1.0 that receives a payment under division (D) of this section	5024
shall first utilize funds received under this section so that,	5025
when combined with other funds of the district, sufficient funds	5026
exist to provide all-day kindergarten to at least the number of	5027
children in the district's all-day kindergarten percentage. To	5028
satisfy this requirement, a district may use funds paid under	5029
division (C) or (I) of this section to provide all-day	5030
kindergarten in addition to the all-day kindergarten payment under	5031
division (D) of this section.	5032

(2) Except as permitted under division (M)(1) of this	5033
section, each school district with a poverty index less than 1.0	5034
that receives a payment under division (C) of this section shall	5035
use its payment under that division in accordance with all	5036
requirements of division (J)(6) of this section.	5037

(3) Except as permitted under division (M)(1) of this	5038
section, each school district with a poverty index less than 1.0	5039
that receives a payment under division (I) of this section shall	5040
use its payment under that division for one or a combination of	5041
the following purposes:	5042

(a) To hire or contract for community liaison officers,	5043
attendance or truant officers, or safety and security personnel;	5044

(b) To implement programs designed to ensure that schools are	5045
free of drugs and violence and have a disciplined environment	5046
conducive to learning;	5047

(c) To implement academic intervention services described in	5048
division (J)(6) of this section.	5049

(4) Each school district to which division (M)(1), (2), or	5050
(3) of this section applies shall expend the remaining funds	5051
received under this section, and any other district with a poverty	5052
index less than 1.0 shall expend all funds received under this	5053
section, for any of the following purposes:	5054

(a) The purchase of technology for instructional purposes for	5055
remediation;	5056

(b) All-day kindergarten;

5057

(c) Reduction of class sizes in grades kindergarten through	5058
three, as described in division (J)(7) of this section;	5059

(d) Summer school remediation;

5060

(e) Dropout prevention programs approved by the department of	5061
education under division (J)(4) of this section;	5062

(f) Guaranteeing that all third graders are ready to progress	5063
to more advanced work;	5064

(g) Summer education and work programs;

5065

(h) Adolescent pregnancy programs;

5066

(i) Head start, preschool, early childhood education, or	5067
early learning programs;	5068

(j) Reading improvement and remediation programs described by	5069
the department of education;	5070

(k) Programs designed to ensure that schools are free of	5071
drugs and violence and have a disciplined environment conducive to	5072
learning;	5073

(l) Furnishing, free of charge, materials used in courses of	5074
instruction, except for the necessary textbooks or electronic	5075
textbooks required to be furnished without charge pursuant to	5076
section 3329.06 of the Revised Code, to pupils living in families	5077
participating in Ohio works first in accordance with section	5078
3313.642 of the Revised Code;	5079

(m) School breakfasts provided pursuant to section 3313.813	5080
of the Revised Code.	5081

(N) If at any time the superintendent of public instruction	5082
determines that a school district receiving funds under division	5083
(D) of this section has enrolled less than the all-day	5084
kindergarten percentage reported for that fiscal year, the	5085
superintendent shall withhold from the funds otherwise due the	5086
district under this section a proportional amount as determined by	5087
the difference in the certified all-day kindergarten percentage	5088
and the percentage actually enrolled in all-day kindergarten.	5089

The superintendent shall also withhold an appropriate amount	5090
of funds otherwise due a district for any other misuse of funds	5091
not in accordance with this section.	5092

(O)(1) A district may use a portion of the funds calculated	5093
for it under division (D) of this section to modify or purchase	5094
classroom space to provide all-day kindergarten, if both of the	5095
following conditions are met:	5096

(a) The district certifies to the department, in a manner	5097
acceptable to the department, that it has a shortage of space for	5098
providing all-day kindergarten.	5099

(b) The district provides all-day kindergarten to the number	5100
of children in the all-day kindergarten percentage it certified	5101
under this section.	5102

(2) A district may use a portion of the funds described in	5103
division (J)(7) of this section to modify or purchase classroom	5104
space to enable it to further reduce class size in grades	5105
kindergarten through two with a goal of attaining class sizes of	5106
fifteen students per licensed teacher. To do so, the district must	5107
certify its need for additional space to the department, in a	5108
manner satisfactory to the department.	5109

Sec. 3317.0217.  The department of education shall annually	5110
compute and pay state parity aid to school districts, as follows:	5111

(A) Calculate the local wealth per pupil of each school	5112
district, which equals the following sum:	5113

(1) Two-thirds times the quotient of (a) the district's	5114
recognized valuation divided by (b) its formula ADM; plus	5115

(2) One-third times the quotient of (a) the average of the	5116
total federal adjusted gross income of the school district's	5117
residents for the three years most recently reported under section	5118
3317.021 of the Revised Code divided by (b) its formula ADM.	5119

(B) Rank all school districts in order of local wealth per	5120
pupil, from the district with the lowest local wealth per pupil to	5121
the district with the highest local wealth per pupil.	5122

(C) Compute the per pupil state parity aid funding for each	5123
school district in accordance with the following formula:	5124

(threshold local wealth

5125

per pupil - the district's local

5126

wealth per pupil) X 0.0075

5127

Where:

5128

(1) Seven and one-half mills (0.0075) is an adjustment to the	5129
original parity aid standard of nine and one-half mills, to	5130
account for the general assembly's policy decision to phase-out	5131
use of the cost-of-doing-business factor in the base cost formula.	5132

(2) The "threshold local wealth per pupil" is the local	5133
wealth per pupil of the school district with the	5134
four-hundred-ninetieth lowest local wealth per pupil.	5135

If the result of the calculation for a school district under	5136
division (C) of this section is less than zero, the district's per	5137
pupil parity aid shall be zero.	5138

(D) Compute the per pupil alternative parity aid for each	5139
school district that has a combination of an income factor of 1.0	5140
or less, a poverty index of 1.0 or greater, and a fiscal year 2005	5141
cost-of-doing-business factor of 1.0375 or greater, in accordance	5142
with the following formula:	5143

Payment percentage X $60,000 X

5144

(1 - income factor) X 4/15 X 0.023

5145

Where:

5146

(1) "Poverty index" has the same meaning as in section	5147
3317.029 of the Revised Code.	5148

(2) "Payment percentage," for purposes of division (D) of	5149
this section, equals 50% in fiscal year 2002 and 100% after fiscal	5150
year 2002.	5151

(E) Pay each district that has a combination of an income	5152
factor of 1.0 or less, a poverty index of 1.0 or greater, and a	5153
fiscal year 2005 cost-of-doing-business factor of 1.0375 or	5154
greater, the greater of the following:	5155

(1) The product of the district's per pupil parity aid	5156
calculated under division (C) of this section times its net	5157
formula ADM;	5158

(2) The product of its per pupil alternative parity aid	5159
calculated under division (D) of this section times its net	5160
formula ADM.	5161

(F) Pay every other district the product of its per pupil	5162
parity aid calculated under division (C) of this section times its	5163
net formula ADM.	5164

(G) As used in divisions (E) and (F) of this section, "net	5165
formula ADM" means formula ADM minus the number of internet- and	5166
computer-based community school students and scholarship students	5167
reported under divisions (B)(3)(e) and, (f), and (g) of section	5168
3317.03 of the Revised Code.	5169

Sec. 3317.03.  Notwithstanding divisions (A)(1), (B)(1), and	5170
(C) of this section, except as provided in division (A)(2)(h) of	5171
this section, any student enrolled in kindergarten more than half	5172
time shall be reported as one-half student under this section.	5173

(A) The superintendent of each city and exempted village	5174
school district and of each educational service center shall, for	5175
the schools under the superintendent's supervision, certify to the	5176
state board of education on or before the fifteenth day of October	5177
in each year for the first full school week in October the formula	5178
ADM. Beginning in fiscal year 2007, each superintendent also shall	5179
certify to the state board, for the schools under the	5180
superintendent's supervision, the formula ADM for the first full	5181
week in February. If a school under the superintendent's	5182
supervision is closed for one or more days during that week due to	5183
hazardous weather conditions or other circumstances described in	5184
the first paragraph of division (B) of section 3317.01 of the	5185
Revised Code, the superintendent may apply to the superintendent	5186
of public instruction for a waiver, under which the superintendent	5187
of public instruction may exempt the district superintendent from	5188
certifying the formula ADM for that school for that week and	5189
specify an alternate week for certifying the formula ADM of that	5190
school.	5191

The formula ADM shall consist of the average daily membership	5192
during such week of the sum of the following:	5193

(1) On an FTE basis, the number of students in grades	5194
kindergarten through twelve receiving any educational services	5195
from the district, except that the following categories of	5196
students shall not be included in the determination:	5197

(a) Students enrolled in adult education classes;

5198

(b) Adjacent or other district students enrolled in the	5199
district under an open enrollment policy pursuant to section	5200
3313.98 of the Revised Code;	5201

(c) Students receiving services in the district pursuant to a	5202
compact, cooperative education agreement, or a contract, but who	5203
are entitled to attend school in another district pursuant to	5204
section 3313.64 or 3313.65 of the Revised Code;	5205

(d) Students for whom tuition is payable pursuant to sections	5206
3317.081 and 3323.141 of the Revised Code;	5207

(e) Students receiving services in the district through a	5208
scholarship awarded under section 3310.41 of the Revised Code.	5209

(2) On an FTE basis, except as provided in division (A)(2)(h)	5210
of this section, the number of students entitled to attend school	5211
in the district pursuant to section 3313.64 or 3313.65 of the	5212
Revised Code, but receiving educational services in grades	5213
kindergarten through twelve from one or more of the following	5214
entities:	5215

(a) A community school pursuant to Chapter 3314. of the	5216
Revised Code, including any participation in a college pursuant to	5217
Chapter 3365. of the Revised Code while enrolled in such community	5218
school;	5219

(b) An alternative school pursuant to sections 3313.974 to	5220
3313.979 of the Revised Code as described in division (I)(2)(a) or	5221
(b) of this section;	5222

(c) A college pursuant to Chapter 3365. of the Revised Code,	5223
except when the student is enrolled in the college while also	5224
enrolled in a community school pursuant to Chapter 3314. of the	5225
Revised Code;	5226

(d) An adjacent or other school district under an open	5227
enrollment policy adopted pursuant to section 3313.98 of the	5228
Revised Code;	5229

(e) An educational service center or cooperative education	5230
district;	5231

(f) Another school district under a cooperative education	5232
agreement, compact, or contract;	5233

(g) A chartered nonpublic school with a scholarship paid	5234
under section 3310.08 of the Revised Code;	5235

(h) An alternative public provider or a registered private	5236
provider with a scholarship awarded under section 3310.41 of the	5237
Revised Code. Each such scholarship student who is enrolled in	5238
kindergarten shall be counted as one full-time-equivalent student.	5239

As used in this section, "alternative public provider" and	5240
"registered private provider" have the same meanings as in section	5241
3310.41 of the Revised Code.	5242

(3) Twenty per cent of the number of students enrolled in a	5243
joint vocational school district or under a vocational education	5244
compact, excluding any students entitled to attend school in the	5245
district under section 3313.64 or 3313.65 of the Revised Code who	5246
are enrolled in another school district through an open enrollment	5247
policy as reported under division (A)(2)(d) of this section and	5248
then enroll in a joint vocational school district or under a	5249
vocational education compact;	5250

(4) The number of handicapped children, other than	5251
handicapped preschool children, entitled to attend school in the	5252
district pursuant to section 3313.64 or 3313.65 of the Revised	5253
Code who are placed by the district with a county MR/DD board,	5254
minus the number of such children placed with a county MR/DD board	5255
in fiscal year 1998. If this calculation produces a negative	5256
number, the number reported under division (A)(4) of this section	5257
shall be zero.	5258

(5) Beginning in fiscal year 2007, in the case of the report	5259
submitted for the first full week in February, or the alternative	5260
week if specified by the superintendent of public instruction, the	5261
number of students reported under division (A)(1) or (2) of this	5262
section for the first full week of the preceding October but who	5263
since that week have received high school diplomas.	5264

(B) To enable the department of education to obtain the data	5265
needed to complete the calculation of payments pursuant to this	5266
chapter, in addition to the formula ADM, each superintendent shall	5267
report separately the following student counts for the same week	5268
for which formula ADM is certified:	5269

(1) The total average daily membership in regular day classes	5270
included in the report under division (A)(1) or (2) of this	5271
section for kindergarten, and each of grades one through twelve in	5272
schools under the superintendent's supervision;	5273

(2) The number of all handicapped preschool children enrolled	5274
as of the first day of December in classes in the district that	5275
are eligible for approval under division (B) of section 3317.05	5276
of the Revised Code and the number of those classes, which shall	5277
be reported not later than the fifteenth day of December, in	5278
accordance with rules adopted under that section;	5279

(3) The number of children entitled to attend school in the	5280
district pursuant to section 3313.64 or 3313.65 of the Revised	5281
Code who are:	5282

(a) Participating in a pilot project scholarship program	5283
established under sections 3313.974 to 3313.979 of the Revised	5284
Code as described in division (I)(2)(a) or (b) of this section;	5285

(b) Enrolled in a college under Chapter 3365. of the Revised	5286
Code, except when the student is enrolled in the college while	5287
also enrolled in a community school pursuant to Chapter 3314. of	5288
the Revised Code;	5289

(c) Enrolled in an adjacent or other school district under	5290
section 3313.98 of the Revised Code;	5291

(d) Enrolled in a community school established under Chapter	5292
3314. of the Revised Code that is not an internet- or	5293
computer-based community school as defined in section 3314.02 of	5294
the Revised Code, including any participation in a college	5295
pursuant to Chapter 3365. of the Revised Code while enrolled in	5296
such community school;	5297

(e) Enrolled in an internet- or computer-based community	5298
school, as defined in section 3314.02 of the Revised Code,	5299
including any participation in a college pursuant to Chapter 3365.	5300
of the Revised Code while enrolled in the school;	5301

(f) Enrolled in a chartered nonpublic school with a	5302
scholarship paid under section 3310.08 of the Revised Code;	5303

(g) Enrolled in kindergarten through grade twelve in an	5304
alternative public provider or a registered private provider with	5305
a scholarship awarded under section 3310.41 of the Revised Code;	5306

(h) Enrolled as a handicapped preschool child in an	5307
alternative public provider or a registered private provider with	5308
a scholarship awarded under section 3310.41 of the Revised Code;	5309

(i) Participating in a program operated by a county MR/DD	5310
board or a state institution.	5311

(4) The number of pupils enrolled in joint vocational	5312
schools;	5313

(5) The average daily membership of handicapped children	5314
reported under division (A)(1) or (2) of this section receiving	5315
special education services for the category one handicap described	5316
in division (A) of section 3317.013 of the Revised Code;	5317

(6) The average daily membership of handicapped children	5318
reported under division (A)(1) or (2) of this section receiving	5319
special education services for category two handicaps described in	5320
division (B) of section 3317.013 of the Revised Code;	5321

(7) The average daily membership of handicapped children	5322
reported under division (A)(1) or (2) of this section receiving	5323
special education services for category three handicaps described	5324
in division (C) of section 3317.013 of the Revised Code;	5325

(8) The average daily membership of handicapped children	5326
reported under division (A)(1) or (2) of this section receiving	5327
special education services for category four handicaps described	5328
in division (D) of section 3317.013 of the Revised Code;	5329

(9) The average daily membership of handicapped children	5330
reported under division (A)(1) or (2) of this section receiving	5331
special education services for the category five handicap	5332
described in division (E) of section 3317.013 of the Revised Code;	5333

(10) The combined average daily membership of handicapped	5334
children reported under division (A)(1) or (2) and under division	5335
(B)(3)(h) of this section receiving special education services for	5336
category six handicaps described in division (F) of section	5337
3317.013 of the Revised Code, including children attending a	5338
special education program operated by an alternative public	5339
provider or a registered private provider with a scholarship	5340
awarded under section 3310.41 of the Revised Code;	5341

(11) The average daily membership of pupils reported under	5342
division (A)(1) or (2) of this section enrolled in category one	5343
vocational education programs or classes, described in division	5344
(A) of section 3317.014 of the Revised Code, operated by the	5345
school district or by another district, other than a joint	5346
vocational school district, or by an educational service center,	5347
excluding any student reported under division (B)(3)(e) of this	5348
section as enrolled in an internet- or computer-based community	5349
school, notwithstanding division (C) of section 3317.02 of the	5350
Revised Code and division (C)(3) of this section;	5351

(12) The average daily membership of pupils reported under	5352
division (A)(1) or (2) of this section enrolled in category two	5353
vocational education programs or services, described in division	5354
(B) of section 3317.014 of the Revised Code, operated by the	5355
school district or another school district, other than a joint	5356
vocational school district, or by an educational service center,	5357
excluding any student reported under division (B)(3)(e) of this	5358
section as enrolled in an internet- or computer-based community	5359
school, notwithstanding division (C) of section 3317.02 of the	5360
Revised Code and division (C)(3) of this section;	5361

(13) The average number of children transported by the school	5362
district on board-owned or contractor-owned and -operated buses,	5363
reported in accordance with rules adopted by the department of	5364
education;	5365

(14)(a) The number of children, other than handicapped	5366
preschool children, the district placed with a county MR/DD board	5367
in fiscal year 1998;	5368

(b) The number of handicapped children, other than	5369
handicapped preschool children, placed with a county MR/DD board	5370
in the current fiscal year to receive special education services	5371
for the category one handicap described in division (A) of section	5372
3317.013 of the Revised Code;	5373

(c) The number of handicapped children, other than	5374
handicapped preschool children, placed with a county MR/DD board	5375
in the current fiscal year to receive special education services	5376
for category two handicaps described in division (B) of section	5377
3317.013 of the Revised Code;	5378

(d) The number of handicapped children, other than	5379
handicapped preschool children, placed with a county MR/DD board	5380
in the current fiscal year to receive special education services	5381
for category three handicaps described in division (C) of section	5382
3317.013 of the Revised Code;	5383

(e) The number of handicapped children, other than	5384
handicapped preschool children, placed with a county MR/DD board	5385
in the current fiscal year to receive special education services	5386
for category four handicaps described in division (D) of section	5387
3317.013 of the Revised Code;	5388

(f) The number of handicapped children, other than	5389
handicapped preschool children, placed with a county MR/DD board	5390
in the current fiscal year to receive special education services	5391
for the category five handicap described in division (E) of	5392
section 3317.013 of the Revised Code;	5393

(g) The number of handicapped children, other than	5394
handicapped preschool children, placed with a county MR/DD board	5395
in the current fiscal year to receive special education services	5396
for category six handicaps described in division (F) of section	5397
3317.013 of the Revised Code.	5398

(C)(1) Except as otherwise provided in this section for	5399
kindergarten students, the average daily membership in divisions	5400
(B)(1) to (12) of this section shall be based upon the number of	5401
full-time equivalent students. The state board of education shall	5402
adopt rules defining full-time equivalent students and for	5403
determining the average daily membership therefrom for the	5404
purposes of divisions (A), (B), and (D) of this section.	5405

(2) A student enrolled in a community school established	5406
under Chapter 3314. of the Revised Code shall be counted in the	5407
formula ADM and, if applicable, the category one, two, three,	5408
four, five, or six special education ADM of the school district in	5409
which the student is entitled to attend school under section	5410
3313.64 or 3313.65 of the Revised Code for the same proportion of	5411
the school year that the student is counted in the enrollment of	5412
the community school for purposes of section 3314.08 of the	5413
Revised Code.	5414

(3) No child shall be counted as more than a total of one	5415
child in the sum of the average daily memberships of a school	5416
district under division (A), divisions (B)(1) to (12), or division	5417
(D) of this section, except as follows:	5418

(a) A child with a handicap described in section 3317.013 of	5419
the Revised Code may be counted both in formula ADM and in	5420
category one, two, three, four, five, or six special education ADM	5421
and, if applicable, in category one or two vocational education	5422
ADM. As provided in division (C) of section 3317.02 of the Revised	5423
Code, such a child shall be counted in category one, two, three,	5424
four, five, or six special education ADM in the same proportion	5425
that the child is counted in formula ADM.	5426

(b) A child enrolled in vocational education programs or	5427
classes described in section 3317.014 of the Revised Code may be	5428
counted both in formula ADM and category one or two vocational	5429
education ADM and, if applicable, in category one, two, three,	5430
four, five, or six special education ADM. Such a child shall be	5431
counted in category one or two vocational education ADM in the	5432
same proportion as the percentage of time that the child spends in	5433
the vocational education programs or classes.	5434

(4) Based on the information reported under this section, the	5435
department of education shall determine the total student count,	5436
as defined in section 3301.011 of the Revised Code, for each	5437
school district.	5438

(D)(1) The superintendent of each joint vocational school	5439
district shall certify to the superintendent of public instruction	5440
on or before the fifteenth day of October in each year for the	5441
first full school week in October the formula ADM. Beginning in	5442
fiscal year 2007, each superintendent also shall certify to the	5443
state superintendent the formula ADM for the first full week in	5444
February. If a school operated by the joint vocational school	5445
district is closed for one or more days during that week due to	5446
hazardous weather conditions or other circumstances described in	5447
the first paragraph of division (B) of section 3317.01 of the	5448
Revised Code, the superintendent may apply to the superintendent	5449
of public instruction for a waiver, under which the superintendent	5450
of public instruction may exempt the district superintendent from	5451
certifying the formula ADM for that school for that week and	5452
specify an alternate week for certifying the formula ADM of that	5453
school.	5454

The formula ADM, except as otherwise provided in this	5455
division, shall consist of the average daily membership during	5456
such week, on an FTE basis, of the number of students receiving	5457
any educational services from the district, including students	5458
enrolled in a community school established under Chapter 3314. of	5459
the Revised Code who are attending the joint vocational district	5460
under an agreement between the district board of education and the	5461
governing authority of the community school and are entitled to	5462
attend school in a city, local, or exempted village school	5463
district whose territory is part of the territory of the joint	5464
vocational district. Beginning in fiscal year 2007, in the case of	5465
the report submitted for the first week in February, or the	5466
alternative week if specified by the superintendent of public	5467
instruction, the superintendent of the joint vocational school	5468
district may include the number of students reported under	5469
division (D)(1) of this section for the first full week of the	5470
preceding October but who since that week have received high	5471
school diplomas.	5472

The following categories of students shall not be included in	5473
the determination made under division (D)(1) of this section:	5474

(a) Students enrolled in adult education classes;

5475

(b) Adjacent or other district joint vocational students	5476
enrolled in the district under an open enrollment policy pursuant	5477
to section 3313.98 of the Revised Code;	5478

(c) Students receiving services in the district pursuant to a	5479
compact, cooperative education agreement, or a contract, but who	5480
are entitled to attend school in a city, local, or exempted	5481
village school district whose territory is not part of the	5482
territory of the joint vocational district;	5483

(d) Students for whom tuition is payable pursuant to sections	5484
3317.081 and 3323.141 of the Revised Code.	5485

(2) To enable the department of education to obtain the data	5486
needed to complete the calculation of payments pursuant to this	5487
chapter, in addition to the formula ADM, each superintendent shall	5488
report separately the average daily membership included in the	5489
report under division (D)(1) of this section for each of the	5490
following categories of students for the same week for which	5491
formula ADM is certified:	5492

(a) Students enrolled in each grade included in the joint	5493
vocational district schools;	5494

(b) Handicapped children receiving special education services	5495
for the category one handicap described in division (A) of section	5496
3317.013 of the Revised Code;	5497

(c) Handicapped children receiving special education services	5498
for the category two handicaps described in division (B) of	5499
section 3317.013 of the Revised Code;	5500

(d) Handicapped children receiving special education services	5501
for category three handicaps described in division (C) of section	5502
3317.013 of the Revised Code;	5503

(e) Handicapped children receiving special education services	5504
for category four handicaps described in division (D) of section	5505
3317.013 of the Revised Code;	5506

(f) Handicapped children receiving special education services	5507
for the category five handicap described in division (E) of	5508
section 3317.013 of the Revised Code;	5509

(g) Handicapped children receiving special education services	5510
for category six handicaps described in division (F) of section	5511
3317.013 of the Revised Code;	5512

(h) Students receiving category one vocational education	5513
services, described in division (A) of section 3317.014 of the	5514
Revised Code;	5515

(i) Students receiving category two vocational education	5516
services, described in division (B) of section 3317.014 of the	5517
Revised Code.	5518

The superintendent of each joint vocational school district	5519
shall also indicate the city, local, or exempted village school	5520
district in which each joint vocational district pupil is entitled	5521
to attend school pursuant to section 3313.64 or 3313.65 of the	5522
Revised Code.	5523

(E) In each school of each city, local, exempted village,	5524
joint vocational, and cooperative education school district there	5525
shall be maintained a record of school membership, which record	5526
shall accurately show, for each day the school is in session, the	5527
actual membership enrolled in regular day classes. For the purpose	5528
of determining average daily membership, the membership figure of	5529
any school shall not include any pupils except those pupils	5530
described by division (A) of this section. The record of	5531
membership for each school shall be maintained in such manner that	5532
no pupil shall be counted as in membership prior to the actual	5533
date of entry in the school and also in such manner that where for	5534
any cause a pupil permanently withdraws from the school that pupil	5535
shall not be counted as in membership from and after the date of	5536
such withdrawal. There shall not be included in the membership of	5537
any school any of the following:	5538

(1) Any pupil who has graduated from the twelfth grade of a	5539
public or nonpublic high school;	5540

(2) Any pupil who is not a resident of the state;

5541

(3) Any pupil who was enrolled in the schools of the district	5542
during the previous school year when tests were administered under	5543
section 3301.0711 of the Revised Code but did not take one or more	5544
of the tests required by that section and was not excused pursuant	5545
to division (C)(1) or (3) of that section;	5546

(4) Any pupil who has attained the age of twenty-two years,	5547
except for veterans of the armed services whose attendance was	5548
interrupted before completing the recognized twelve-year course of	5549
the public schools by reason of induction or enlistment in the	5550
armed forces and who apply for reenrollment in the public school	5551
system of their residence not later than four years after	5552
termination of war or their honorable discharge.	5553

If, however, any veteran described by division (E)(4) of this	5554
section elects to enroll in special courses organized for veterans	5555
for whom tuition is paid under the provisions of federal laws, or	5556
otherwise, that veteran shall not be included in average daily	5557
membership.	5558

Notwithstanding division (E)(3) of this section, the	5559
membership of any school may include a pupil who did not take a	5560
test required by section 3301.0711 of the Revised Code if the	5561
superintendent of public instruction grants a waiver from the	5562
requirement to take the test to the specific pupil and a parent is	5563
not paying tuition for the pupil pursuant to section 3313.6410 of	5564
the Revised Code. The superintendent may grant such a waiver only	5565
for good cause in accordance with rules adopted by the state board	5566
of education.	5567

Except as provided in divisions (B)(2) and (F) of this	5568
section, the average daily membership figure of any local, city,	5569
exempted village, or joint vocational school district shall be	5570
determined by dividing the figure representing the sum of the	5571
number of pupils enrolled during each day the school of attendance	5572
is actually open for instruction during the week for which the	5573
formula ADM is being certified by the total number of days the	5574
school was actually open for instruction during that week. For	5575
purposes of state funding, "enrolled" persons are only those	5576
pupils who are attending school, those who have attended school	5577
during the current school year and are absent for authorized	5578
reasons, and those handicapped children currently receiving home	5579
instruction.	5580

The average daily membership figure of any cooperative	5581
education school district shall be determined in accordance with	5582
rules adopted by the state board of education.	5583

(F)(1) If the formula ADM for the first full school week in	5584
February is at least three per cent greater than that certified	5585
for the first full school week in the preceding October, the	5586
superintendent of schools of any city, exempted village, or joint	5587
vocational school district or educational service center shall	5588
certify such increase to the superintendent of public instruction.	5589
Such certification shall be submitted no later than the fifteenth	5590
day of February. For the balance of the fiscal year, beginning	5591
with the February payments, the superintendent of public	5592
instruction shall use the increased formula ADM in calculating or	5593
recalculating the amounts to be allocated in accordance with	5594
section 3317.022 or 3317.16 of the Revised Code. In no event shall	5595
the superintendent use an increased membership certified to the	5596
superintendent after the fifteenth day of February. Division	5597
(F)(1) of this section does not apply after fiscal year 2006.	5598

(2) If on the first school day of April the total number of	5599
classes or units for handicapped preschool children that are	5600
eligible for approval under division (B) of section 3317.05 of the	5601
Revised Code exceeds the number of units that have been approved	5602
for the year under that division, the superintendent of schools of	5603
any city, exempted village, or cooperative education school	5604
district or educational service center shall make the	5605
certifications required by this section for that day. If the	5606
department determines additional units can be approved for the	5607
fiscal year within any limitations set forth in the acts	5608
appropriating moneys for the funding of such units, the department	5609
shall approve additional units for the fiscal year on the basis of	5610
such average daily membership. For each unit so approved, the	5611
department shall pay an amount computed in the manner prescribed	5612
in section 3317.052 or 3317.19 and section 3317.053 of the Revised	5613
Code.	5614

(3) If a student attending a community school under Chapter	5615
3314. of the Revised Code is not included in the formula ADM	5616
certified for the school district in which the student is entitled	5617
to attend school under section 3313.64 or 3313.65 of the Revised	5618
Code, the department of education shall adjust the formula ADM of	5619
that school district to include the community school student in	5620
accordance with division (C)(2) of this section, and shall	5621
recalculate the school district's payments under this chapter for	5622
the entire fiscal year on the basis of that adjusted formula ADM.	5623
This requirement applies regardless of whether the student was	5624
enrolled, as defined in division (E) of this section, in the	5625
community school during the first full school week in October.	5626

(G)(1)(a) The superintendent of an institution operating a	5627
special education program pursuant to section 3323.091 of the	5628
Revised Code shall, for the programs under such superintendent's	5629
supervision, certify to the state board of education, in the	5630
manner prescribed by the superintendent of public instruction,	5631
both of the following:	5632

(i) The average daily membership of all handicapped children	5633
other than handicapped preschool children receiving services at	5634
the institution for each category of handicap described in	5635
divisions (A) to (F) of section 3317.013 of the Revised Code;	5636

(ii) The average daily membership of all handicapped	5637
preschool children in classes or programs approved annually by the	5638
department of education for unit funding under section 3317.05 of	5639
the Revised Code.	5640

(b) The superintendent of an institution with vocational	5641
education units approved under division (A) of section 3317.05 of	5642
the Revised Code shall, for the units under the superintendent's	5643
supervision, certify to the state board of education the average	5644
daily membership in those units, in the manner prescribed by the	5645
superintendent of public instruction.	5646

(2) The superintendent of each county MR/DD board that	5647
maintains special education classes under section 3317.20 of the	5648
Revised Code or units approved pursuant to section 3317.05 of the	5649
Revised Code shall do both of the following:	5650

(a) Certify to the state board, in the manner prescribed by	5651
the board, the average daily membership in classes under section	5652
3317.20 of the Revised Code for each school district that has	5653
placed children in the classes;	5654

(b) Certify to the state board, in the manner prescribed by	5655
the board, the number of all handicapped preschool children	5656
enrolled as of the first day of December in classes eligible for	5657
approval under division (B) of section 3317.05 of the Revised	5658
Code, and the number of those classes.	5659

(3)(a) If on the first school day of April the number of	5660
classes or units maintained for handicapped preschool children by	5661
the county MR/DD board that are eligible for approval under	5662
division (B) of section 3317.05 of the Revised Code is greater	5663
than the number of units approved for the year under that	5664
division, the superintendent shall make the certification required	5665
by this section for that day.	5666

(b) If the department determines that additional classes or	5667
units can be approved for the fiscal year within any limitations	5668
set forth in the acts appropriating moneys for the funding of the	5669
classes and units described in division (G)(3)(a) of this section,	5670
the department shall approve and fund additional units for the	5671
fiscal year on the basis of such average daily membership. For	5672
each unit so approved, the department shall pay an amount computed	5673
in the manner prescribed in sections 3317.052 and 3317.053 of the	5674
Revised Code.	5675

(H) Except as provided in division (I) of this section, when	5676
any city, local, or exempted village school district provides	5677
instruction for a nonresident pupil whose attendance is	5678
unauthorized attendance as defined in section 3327.06 of the	5679
Revised Code, that pupil's membership shall not be included in	5680
that district's membership figure used in the calculation of that	5681
district's formula ADM or included in the determination of any	5682
unit approved for the district under section 3317.05 of the	5683
Revised Code. The reporting official shall report separately the	5684
average daily membership of all pupils whose attendance in the	5685
district is unauthorized attendance, and the membership of each	5686
such pupil shall be credited to the school district in which the	5687
pupil is entitled to attend school under division (B) of section	5688
3313.64 or section 3313.65 of the Revised Code as determined by	5689
the department of education.	5690

(I)(1) A city, local, exempted village, or joint vocational	5691
school district admitting a scholarship student of a pilot project	5692
district pursuant to division (C) of section 3313.976 of the	5693
Revised Code may count such student in its average daily	5694
membership.	5695

(2) In any year for which funds are appropriated for pilot	5696
project scholarship programs, a school district implementing a	5697
state-sponsored pilot project scholarship program that year	5698
pursuant to sections 3313.974 to 3313.979 of the Revised Code may	5699
count in average daily membership:	5700

(a) All children residing in the district and utilizing a	5701
scholarship to attend kindergarten in any alternative school, as	5702
defined in section 3313.974 of the Revised Code;	5703

(b) All children who were enrolled in the district in the	5704
preceding year who are utilizing a scholarship to attend any such	5705
alternative school.	5706

(J) The superintendent of each cooperative education school	5707
district shall certify to the superintendent of public	5708
instruction, in a manner prescribed by the state board of	5709
education, the applicable average daily memberships for all	5710
students in the cooperative education district, also indicating	5711
the city, local, or exempted village district where each pupil is	5712
entitled to attend school under section 3313.64 or 3313.65 of the	5713
Revised Code.	5714

Sec. 3318.101.  (A) As used in this section, "prevailing	5715
rate" means the prevailing rate of wages determined under sections	5716
4115.03 to 4115.16 of the Revised Code.	5717

(B) The Ohio school facilities commission shall not enter	5718
into any agreement with a city, exempted village, local, or joint	5719
vocational school district in relation to a project or segment of	5720
a project undertaken by the district under this chapter or approve	5721
any contract for labor under such project or segment that requires	5722
that mechanics and laborers engaged for that project be paid the	5723
prevailing rate.	5724

(C) Nothing in this section affects the exemption of school	5725
districts and educational service centers from the requirement to	5726
pay the prevailing rate prescribed in division (B)(3) of section	5727
4115.04 of the Revised Code.	5728

Sec. 3383.01.  As used in this chapter:

5729

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

5730

(1) Visual, musical, dramatic, graphic, design, and other	5731
arts, including, but not limited to, architecture, dance,	5732
literature, motion pictures, music, painting, photography,	5733
sculpture, and theater, and the provision of training or education	5734
in these arts;	5735

(2) The presentation or making available, in museums or other	5736
indoor or outdoor facilities, of principles of science and their	5737
development, use, or application in business, industry, or	5738
commerce or of the history, heritage, development, presentation,	5739
and uses of the arts described in division (A)(1) of this section	5740
and of transportation;	5741

(3) The preservation, presentation, or making available of	5742
features of archaeological, architectural, environmental, or	5743
historical interest or significance in a state historical facility	5744
or a local historical facility.	5745

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

5746

(1) A governmental agency or Ohio nonprofit corporation that	5747
provides programs or activities in areas directly concerned with	5748
culture;	5749

(2) A regional arts and cultural district as defined in	5750
section 3381.01 of the Revised Code.	5751

(C) "Cultural project" means all or any portion of an Ohio	5752
cultural facility for which the general assembly has specifically	5753
authorized the spending of money, or made an appropriation,	5754
pursuant to division (D)(3) or (E) of section 3383.07 of the	5755
Revised Code.	5756

(D) "Cooperative contract" means a contract between the Ohio	5757
cultural facilities commission and a cultural organization	5758
providing the terms and conditions of the cooperative use of an	5759
Ohio cultural facility.	5760

(E) "Costs of operation" means amounts required to manage an	5761
Ohio cultural facility that are incurred following the completion	5762
of construction of its cultural project, provided that both of the	5763
following apply:	5764

(1) Those amounts either:

5765

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

5766

(b) Equal the principal of any endowment fund, the income	5767
from which is dedicated to that purpose.	5768

(2) The commission and the cultural organization have	5769
executed an agreement with respect to either of those funds.	5770

(F) "General building services" means general building	5771
services for an Ohio cultural facility or an Ohio sports facility,	5772
including, but not limited to, general custodial care, security,	5773
maintenance, repair, painting, decoration, cleaning, utilities,	5774
fire safety, grounds and site maintenance and upkeep, and	5775
plumbing.	5776

(G) "Governmental agency" means a state agency, a	5777
state-supported or state-assisted institution of higher education,	5778
a municipal corporation, county, township, or school district, a	5779
port authority created under Chapter 4582. of the Revised Code,	5780
any other political subdivision or special district in this state	5781
established by or pursuant to law, or any combination of these	5782
entities; except where otherwise indicated, the United States or	5783
any department, division, or agency of the United States, or any	5784
agency, commission, or authority established pursuant to an	5785
interstate compact or agreement.	5786

(H) "Local contributions" means the value of an asset	5787
provided by or on behalf of a cultural organization from sources	5788
other than the state, the value and nature of which shall be	5789
approved by the Ohio cultural facilities commission, in its sole	5790
discretion. "Local contributions" may include the value of the	5791
site where a cultural project is to be constructed. All "local	5792
contributions," except a contribution attributable to such a site,	5793
shall be for the costs of construction of a cultural project or	5794
the creation or expansion of an endowment for the costs of	5795
operation of a cultural facility.	5796

(I) "Local historical facility" means a site or facility,	5797
other than a state historical facility, of archaeological,	5798
architectural, environmental, or historical interest or	5799
significance, or a facility, including a storage facility,	5800
appurtenant to the operations of such a site or facility, that is	5801
owned by a cultural organization, provided the facility meets the	5802
requirements of division (K)(2)(b) of this section, is managed by	5803
or pursuant to a contract with the Ohio cultural facilities	5804
commission, and is used for or in connection with the activities	5805
of the commission, including the presentation or making available	5806
of culture to the public.	5807

(J) "Manage," "operate," or "management" means the provision	5808
of, or the exercise of control over the provision of, activities:	5809

(1) Relating to culture for an Ohio cultural facility,	5810
including as applicable, but not limited to, providing for	5811
displays, exhibitions, specimens, and models; booking of artists,	5812
performances, or presentations; scheduling; and hiring or	5813
contracting for directors, curators, technical and scientific	5814
staff, ushers, stage managers, and others directly related to the	5815
cultural activities in the facility; but not including general	5816
building services;	5817

(2) Relating to sports and athletic events for an Ohio sports	5818
facility, including as applicable, but not limited to, providing	5819
for booking of athletes, teams, and events; scheduling; and hiring	5820
or contracting for staff, ushers, managers, and others directly	5821
related to the sports and athletic events in the facility; but not	5822
including general building services.	5823

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

5824

(1) The theaters located in the state office tower at 77	5825
South High street in Columbus;	5826

(2) Any capital facility in this state to which both of the	5827
following apply:	5828

(a) The construction of a cultural project related to the	5829
facility was authorized or funded by the general assembly pursuant	5830
to division (D)(3) of section 3383.07 of the Revised Code and	5831
proceeds of state bonds are used for costs of the cultural	5832
project.	5833

(b) The facility is managed directly by, or is subject to a	5834
cooperative or management contract with, the Ohio cultural	5835
facilities commission, and is used for or in connection with the	5836
activities of the commission, including the presentation or making	5837
available of culture to the public and the provision of training	5838
or education in culture.	5839

(3) A state historical facility or a local historical	5840
facility.	5841

(L) "State agency" means the state or any of its branches,	5842
officers, boards, commissions, authorities, departments,	5843
divisions, or other units or agencies.	5844

(M) "Construction" includes acquisition, including	5845
acquisition by lease-purchase, demolition, reconstruction,	5846
alteration, renovation, remodeling, enlargement, improvement, site	5847
improvements, and related equipping and furnishing.	5848

(N) "State historical facility" means a site or facility that	5849
has all of the following characteristics:	5850

(1) It is created, supervised, operated, protected,	5851
maintained, and promoted by the Ohio historical society pursuant	5852
to the society's performance of public functions under sections	5853
149.30 and 149.302 of the Revised Code.	5854

(2) Its title must reside wholly or in part with the state,	5855
the society, or both the state and the society.	5856

(3) It is managed directly by or is subject to a cooperative	5857
or management contract with the Ohio cultural facilities	5858
commission and is used for or in connection with the activities of	5859
the commission, including the presentation or making available of	5860
culture to the public.	5861

(O) "Ohio sports facility" means all or a portion of a	5862
stadium, arena, tennis facility, motorsports complex, or other	5863
capital facility in this state, a. A primary purpose of which is	5864
the facility shall be to provide a site or venue for the	5865
presentation to the public of either motorsports events,	5866
professional tennis tournaments, or events of one or more major or	5867
minor league professional athletic or sports teams that are	5868
associated with the state or with a city or region of the state,	5869
which. The facility isshall be, in the case of a motorsports	5870
complex, owned by the state or governmental agency, or in all	5871
other instances, is owned by or is located on real property owned	5872
by the state or a governmental agency, and includingincludes all	5873
parking facilities, walkways, and other auxiliary facilities,	5874
equipment, furnishings, and real and personal property and	5875
interests and rights therein, that may be appropriate for or used	5876
for or in connection with the facility or its operation, for	5877
capital costs of which state funds are spent pursuant to this	5878
chapter. A facility constructed as an Ohio sports facility may be	5879
both an Ohio cultural facility and an Ohio sports facility.	5880

(P) "Motorsports" means sporting events in which motor	5881
vehicles are driven on a clearly demarcated tracked surface.	5882

Sec. 3383.07.  (A) The department of administrative services	5883
shall provide for the construction of a cultural project in	5884
conformity with Chapter 153. of the Revised Code, except as	5885
follows:	5886

(1) For a cultural project other than a state historical	5887
facility, construction services may be provided on behalf of the	5888
state by the Ohio cultural facilities commission, or by a	5889
governmental agency or a cultural organization that occupies, will	5890
occupy, or is responsible for the Ohio cultural facility, as	5891
determined by the commission. For a project receiving a state	5892
appropriation of fifty thousand dollars or less, the commission	5893
may delegate to its executive director the authority to approve	5894
the provision of construction services by such an agency or	5895
organization, but not the authority to disapprove that provision.	5896
Construction services to be provided by a governmental agency or a	5897
cultural organization shall be specified in an agreement between	5898
the commission and the governmental agency or cultural	5899
organization. The agreement, or any actions taken under it, are	5900
not subject to Chapter 123. or 153. of the Revised Code, except	5901
for sections 123.081 and 153.011 of the Revised Code, and shall be	5902
subject to Chapter 4115. of the Revised Code.	5903

(2) For a cultural project that is a state historical	5904
facility, construction services may be provided by the Ohio	5905
cultural facilities commission or by a cultural organization that	5906
occupies, will occupy, or is responsible for the facility, as	5907
determined by the commission. For a facility receiving a state	5908
appropriation of fifty thousand dollars or less, the commission	5909
may delegate to its executive director the authority to approve	5910
the provision of construction services by such an organization,	5911
but not the authority to disapprove that provision. The	5912
construction services to be provided by the cultural organization	5913
shall be specified in an agreement between the commission and the	5914
cultural organization. That agreement, and any actions taken under	5915
it, are not subject to Chapter 123., 153., or 4115. of the Revised	5916
Code.	5917

(B) For an Ohio sports facility that is financed in part by	5918
obligations issued pursuant to Chapter 154. of the Revised Code,	5919
construction services shall be provided on behalf of the state by	5920
or at the direction of the governmental agency or nonprofit	5921
corporation that will own or be responsible for the management of	5922
the facility, all as determined by the Ohio cultural facilities	5923
commission. For a facility receiving a state appropriation of	5924
fifty thousand dollars or less, the commission may delegate to its	5925
executive director the authority to approve the provision of	5926
construction services by or at the direction of the agency or	5927
corporation, but not the authority to disapprove that provision.	5928
Any construction services to be provided by a governmental agency	5929
or nonprofit corporation shall be specified in an agreement	5930
between the commission and the governmental agency or nonprofit	5931
corporation. That agreement, and any actions taken under it, are	5932
not subject to Chapter 123. or 153. of the Revised Code, except	5933
for sections 123.081 and 153.011 of the Revised Code, and shall be	5934
subject to Chapter 4115. of the Revised Code.	5935

(C) General building services for an Ohio cultural facility	5936
shall be provided by the Ohio cultural facilities commission or by	5937
a cultural organization that occupies, will occupy, or is	5938
responsible for the facility, as determined by the commission,	5939
except that. For a facility receiving a state appropriation of	5940
fifty thousand dollars or less, the commission may delegate to its	5941
executive director the authority to approve the provision of	5942
general building services by such an organization, but not the	5943
authority to disapprove that provision. Alternatively, the Ohio	5944
building authority may elect to provide those services for Ohio	5945
cultural facilities financed with proceeds of state bonds issued	5946
by the authority. The costs of management and general building	5947
services shall be paid by the cultural organization that occupies,	5948
will occupy, or is responsible for the facility as provided in an	5949
agreement between the commission and the cultural organization,	5950
except that the state may pay for general building services for	5951
state-owned cultural facilities constructed on state-owned land.	5952

General building services for an Ohio sports facility shall	5953
be provided by or at the direction of the governmental agency or	5954
nonprofit corporation that will be responsible for the management	5955
of the facility, all as determined by the commission. For a	5956
facility receiving a state appropriation of fifty thousand dollars	5957
or less, the commission may delegate to its executive director the	5958
authority to approve the provision of general building services by	5959
or at the direction of the agency or corporation, but not the	5960
authority to disapprove that provision. Any general building	5961
services to be provided by a governmental agency or nonprofit	5962
corporation for an Ohio sports facility shall be specified in an	5963
agreement between the commission and the governmental agency or	5964
nonprofit corporation. That agreement, and any actions taken under	5965
it, are not subject to Chapter 123. or 153. of the Revised Code,	5966
except for sections 123.081 and 153.011 of the Revised Code, and	5967
shall be subject to Chapter 4115. of the Revised Code.	5968

(D) This division does not apply to a state historical	5969
facility. No state funds, including any state bond proceeds, shall	5970
be spent on the construction of any cultural project under this	5971
chapter unless, with respect to the cultural project and to the	5972
Ohio cultural facility related to the project, all of the	5973
following apply:	5974

(1) The Ohio cultural facilities commission has determined	5975
that there is a need for the cultural project and the Ohio	5976
cultural facility related to the project in the region of the	5977
state in which the Ohio cultural facility is located or for which	5978
the facility is proposed. For a project receiving a state	5979
appropriation of fifty thousand dollars or less, the commission	5980
may delegate to its executive director the authority to determine	5981
need but only in the affirmative.	5982

(2) The commission has determined that, as an indication of	5983
substantial regional support for the cultural project, the	5984
cultural organization has made provision satisfactory to the	5985
commission, in its sole discretion, for local contributions	5986
amounting to not less than fifty per cent of the total state	5987
funding for the cultural project. For a project receiving a state	5988
appropriation of fifty thousand dollars or less, the commission	5989
may delegate to its executive director the authority to determine	5990
the adequacy of the regional support but only in the affirmative.	5991

(3) The general assembly has specifically authorized the	5992
spending of money on, or made an appropriation for, the	5993
construction of the cultural project, or for rental payments	5994
relating to the financing of the construction of the cultural	5995
project. Authorization to spend money, or an appropriation, for	5996
planning the cultural project does not constitute authorization to	5997
spend money on, or an appropriation for, construction of the	5998
cultural project.	5999

(E) No state funds, including any state bond proceeds, shall	6000
be spent on the construction of any state historical facility	6001
under this chapter unless the general assembly has specifically	6002
authorized the spending of money on, or made an appropriation for,	6003
the construction of the state historical project related to the	6004
facility, or for rental payments relating to the financing of the	6005
construction of the state historical project. Authorization to	6006
spend money, or an appropriation, for planning the state	6007
historical project does not constitute authorization to spend	6008
money on, or an appropriation for, the construction of the state	6009
historical project.	6010

(F) State funds shall not be used to pay or reimburse more	6011
than fifteen per cent of the initial estimated construction cost	6012
of an Ohio sports facility, excluding any site acquisition cost,	6013
and no state funds, including any state bond proceeds, shall be	6014
spent on any Ohio sports facility under this chapter unless, with	6015
respect to that facility, all of the following apply:	6016

(1) The Ohio cultural facilities commission has determined	6017
that there is a need for the facility in the region of the state	6018
for which the facility is proposed to provide the function of an	6019
Ohio sports facility as provided for in this chapter. For a	6020
facility receiving a state appropriation of fifty thousand dollars	6021
or less, the commission may delegate to its executive director the	6022
authority to determine need but only in the affirmative.	6023

(2) As an indication of substantial local support for the	6024
facility, the commission has received a financial and development	6025
plan satisfactory to it, and provision has been made, by agreement	6026
or otherwise, satisfactory to the commission, for a contribution	6027
amounting to not less than eighty-five per cent of the total	6028
estimated construction cost of the facility, excluding any site	6029
acquisition cost, from sources other than the state. For a	6030
facility receiving a state appropriation of fifty thousand dollars	6031
or less, the commission may delegate to its executive director the	6032
authority to evaluate the financial and development plan and the	6033
contribution and to determine their adequacy but only in the	6034
affirmative.	6035

(3) The general assembly has specifically authorized the	6036
spending of money on, or made an appropriation for, the	6037
construction of the facility, or for rental payments relating to	6038
state financing of all or a portion of the costs of constructing	6039
the facility. Authorization to spend money, or an appropriation,	6040
for planning or determining the feasibility of or need for the	6041
facility does not constitute authorization to spend money on, or	6042
an appropriation for, costs of constructing the facility.	6043

(4) If state bond proceeds are being used for the Ohio sports	6044
facility, the state or a governmental agency owns or has	6045
sufficient property interests in the facility or in the site of	6046
the facility or in the portion or portions of the facility	6047
financed from proceeds of state bonds, which may include, but is	6048
not limited to, the right to use or to require the use of the	6049
facility for the presentation of sport and athletic events to the	6050
public at the facility.	6051

(G) In addition to the requirements of division (F) of this	6052
section, no state funds, including any state bond proceeds, shall	6053
be spent on any Ohio sports facility that is a motorsports	6054
complex, unless, with respect to that facility, both of the	6055
following apply:	6056

(1) Motorsports events shall be presented at the facility	6057
pursuant to a lease entered into with the owner of the facility.	6058
The term of the lease shall be for a period of not less than the	6059
greater of the useful life of the portion of the facility financed	6060
from proceeds of state bonds as determined using the guidelines	6061
for maximum maturities as provided under divisions (B) and (C) of	6062
section 133.20 of the Revised Code, or the period of time	6063
remaining to the date of payment or provision for payment of	6064
outstanding state bonds allocable to costs of the facility, all as	6065
determined by the director of budget and management and certified	6066
by the director to the Ohio cultural facilities commission and to	6067
the treasurer of state.	6068

(2) Any motorsports organization that commits to using the	6069
facility for an established period of time shall give the	6070
political subdivision in which the facility is located not less	6071
than six months' advance notice if the organization intends to	6072
cease utilizing the facility prior to the expiration of that	6073
established period. Such a motorsports organization shall be	6074
liable to the state for any state funds used on the construction	6075
costs of the facility.	6076

Sec. 3706.01.  As used in this chapter:

6077

(A) "Governmental agency" means a department, division, or	6078
other unit of state government, a municipal corporation, county,	6079
township, and other political subdivision, or any other public	6080
corporation or agency having the power to acquire, construct, or	6081
operate air quality facilities, the United States or any agency	6082
thereof, and any agency, commission, or authority established	6083
pursuant to an interstate compact or agreement.	6084

(B) "Person" means any individual, firm, partnership,	6085
association, or corporation, or any combination thereof.	6086

(C) "Air contaminant" means particulate matter, dust, fumes,	6087
gas, mist, smoke, noise, vapor, heat, radioactivity, radiation, or	6088
odorous substance, or any combination thereof.	6089

(D) "Air pollution" means the presence in the ambient air of	6090
one or more air contaminants in sufficient quantity and of such	6091
characteristics and duration as to injure human health or welfare,	6092
plant or animal life, or property, or that unreasonably interferes	6093
with the comfortable enjoyment of life or property.	6094

(E) "Ambient air" means that portion of the atmosphere	6095
outside of buildings and other enclosures, stacks, or ducts that	6096
surrounds human, plant, or animal life, or property.	6097

(F) "Emission" means the release into the outdoor atmosphere	6098
of an air contaminant.	6099

(G) "Air quality facility" means any of the following:

6100

(1) Any method, modification or replacement of property,	6101
process, device, structure, or equipment that removes, reduces,	6102
prevents, contains, alters, conveys, stores, disperses, or	6103
disposes of air contaminants or substances containing air	6104
contaminants, or that renders less noxious or reduces the	6105
concentration of air contaminants in the ambient air, including,	6106
without limitation, facilities and expenditures that qualify as	6107
air pollution control facilities under section 103 (C)(4)(F) of	6108
the Internal Revenue Code of 1954, as amended, and regulations	6109
adopted thereunder;	6110

(2) Motor vehicle inspection stations operated in accordance	6111
with, and any equipment used for motor vehicle inspections	6112
conducted under, section 3704.14 of the Revised Code and rules	6113
adopted under it;	6114

(3) Ethanol or other biofuel facilities, including any	6115
equipment used at the ethanol or other biofuel facility for the	6116
production of ethanol or other biofuels;	6117

(4) Any property or portion thereof used for the collection,	6118
storage, treatment, utilization, processing, or final disposal of	6119
a by-product or solid waste resulting from any method, process,	6120
device, structure, or equipment that removes, reduces, prevents,	6121
contains, alters, conveys, stores, disperses, or disposes of air	6122
contaminants, or that renders less noxious or reduces the	6123
concentration of air contaminants in the ambient air;	6124

(5) Any property, device, or equipment that promotes the	6125
reduction of emissions of air contaminants into the ambient air	6126
through improvements in the efficiency of energy utilization or	6127
energy conservation;	6128

(6) Any coal research and development project conducted under	6129
Chapter 1555. of the Revised Code;	6130

(7) As determined by the director of the Ohio coal	6131
development office, any property or portion thereof that is used	6132
for the collection, storage, treatment, utilization, processing,	6133
or final disposal of a by-product resulting from a coal research	6134
and development project as defined in section 1555.01 of the	6135
Revised Code or from the use of clean coal technology, excluding	6136
any property or portion thereof that is used primarily for other	6137
subsequent commercial purposes;	6138

(8) Any property or portion thereof that is part of the	6139
FutureGen project of the United States department of energy or	6140
related to the siting of the FutureGen project.	6141

"Air quality facility" further includes any property or	6142
system to be used in whole or in part for any of the purposes in	6143
divisions (G)(1) to (8) of this section, whether another purpose	6144
is also served, and any property or system incidental to or that	6145
has to do with, or the end purpose of which is, any of the	6146
foregoing. Air quality facilities that are defined in this	6147
division for industry, commerce, distribution, or research,	6148
including public utility companies, are hereby determined to be	6149
those that qualify as facilities for the control of air pollution	6150
and thermal pollution related to air under Section 13 of Article	6151
VIII, Ohio Constitution.	6152

(H) "Project" or "air quality project" means any air quality	6153
facility, including undivided or other interests therein, acquired	6154
or to be acquired or constructed or to be constructed by the Ohio	6155
air quality development authority under this chapter, or acquired	6156
or to be acquired or constructed or to be constructed by a	6157
governmental agency or person with all or a part of the cost	6158
thereof being paid from a loan or grant from the authority under	6159
this chapter, including all buildings and facilities that the	6160
authority determines necessary for the operation of the project,	6161
together with all property, rights, easements, and interests that	6162
may be required for the operation of the project.	6163

(I) "Cost" as applied to an air quality project means the	6164
cost of acquisition and construction, the cost of acquisition of	6165
all land, rights-of-way, property rights, easements, franchise	6166
rights, and interests required for such acquisition and	6167
construction, the cost of demolishing or removing any buildings or	6168
structures on land so acquired, including the cost of acquiring	6169
any lands to which such buildings or structures may be moved, the	6170
cost of acquiring or constructing and equipping a principal office	6171
and sub-offices of the authority, the cost of diverting highways,	6172
interchange of highways, and access roads to private property,	6173
including the cost of land or easements for such access roads, the	6174
cost of public utility and common carrier relocation or	6175
duplication, the cost of all machinery, furnishings, and	6176
equipment, financing charges, interest prior to and during	6177
construction and for no more than eighteen months after completion	6178
of construction, engineering, expenses of research and development	6179
with respect to air quality facilities, legal expenses, plans,	6180
specifications, surveys, studies, estimates of cost and revenues,	6181
working capital, other expenses necessary or incident to	6182
determining the feasibility or practicability of acquiring or	6183
constructing such project, administrative expense, and such other	6184
expense as may be necessary or incident to the acquisition or	6185
construction of the project, the financing of such acquisition or	6186
construction, including the amount authorized in the resolution of	6187
the authority providing for the issuance of air quality revenue	6188
bonds to be paid into any special funds from the proceeds of such	6189
bonds, and the financing of the placing of such project in	6190
operation. Any obligation, cost, or expense incurred by any	6191
governmental agency or person for surveys, borings, preparation of	6192
plans and specifications, and other engineering services, or any	6193
other cost described above, in connection with the acquisition or	6194
construction of a project may be regarded as a part of the cost of	6195
that project and may be reimbursed out of the proceeds of air	6196
quality revenue bonds as authorized by this chapter.	6197

(J) "Owner" includes an individual, copartnership,	6198
association, or corporation having any title or interest in any	6199
property, rights, easements, or interests authorized to be	6200
acquired by this chapter.	6201

(K) "Revenues" means all rentals and other charges received	6202
by the authority for the use or services of any air quality	6203
project, any gift or grant received with respect to any air	6204
quality project, any moneys received with respect to the lease,	6205
sublease, sale, including installment sale or conditional sale, or	6206
other disposition of an air quality project, moneys received in	6207
repayment of and for interest on any loans made by the authority	6208
to a person or governmental agency, whether from the United States	6209
or any department, administration, or agency thereof, or	6210
otherwise, proceeds of such bonds to the extent that use thereof	6211
for payment of principal of, premium, if any, or interest on the	6212
bonds is authorized by the authority, proceeds from any insurance,	6213
condemnation, or guaranty pertaining to a project or property	6214
mortgaged to secure bonds or pertaining to the financing of the	6215
project, and income and profit from the investment of the proceeds	6216
of air quality revenue bonds or of any revenues.	6217

(L) "Public roads" includes all public highways, roads, and	6218
streets in the state, whether maintained by the state, county,	6219
city, township, or other political subdivision.	6220

(M) "Public utility facilities" includes tracks, pipes,	6221
mains, conduits, cables, wires, towers, poles, and other equipment	6222
and appliances of any public utility.	6223

(N) "Construction," unless the context indicates a different	6224
meaning or intent, includes reconstruction, enlargement,	6225
improvement, or providing furnishings or equipment.	6226

(O) "Air quality revenue bonds," unless the context indicates	6227
a different meaning or intent, includes air quality revenue notes,	6228
air quality revenue renewal notes, and air quality revenue	6229
refunding bonds, except that notes issued in anticipation of the	6230
issuance of bonds shall have a maximum maturity of five years as	6231
provided in section 3706.05 of the Revised Code and notes or	6232
renewal notes issued as the definitive obligation may be issued	6233
maturing at such time or times with a maximum maturity of forty	6234
years from the date of issuance of the original note.	6235

(P) "Solid waste" means any garbage; refuse; sludge from a	6236
waste water treatment plant, water supply treatment plant, or air	6237
pollution control facility; and other discarded material,	6238
including solid, liquid, semisolid, or contained gaseous material	6239
resulting from industrial, commercial, mining, and agricultural	6240
operations, and from community activities, but not including solid	6241
or dissolved material in domestic sewage, or solid or dissolved	6242
material in irrigation return flows or industrial discharges that	6243
are point sources subject to permits under section 402 of the	6244
"Federal Water Pollution Control Act Amendments of 1972," 86 Stat.	6245
880, 33 U.S.C.A. 1342, as amended, or source, special nuclear, or	6246
byproduct material as defined by the "Atomic Energy Act of 1954,"	6247
68 Stat. 921, 42 U.S.C.A. 2011, as amended.	6248

(Q) "Sludge" means any solid, semisolid, or liquid waste,	6249
other than a recyclable by-product, generated from a municipal,	6250
commercial, or industrial waste water treatment plant, water	6251
supply plant, or air pollution control facility or any other such	6252
wastes having similar characteristics and effects.	6253

(R) "Ethanol or other biofuel facility" means a plant at	6254
which ethanol or other biofuel is produced.	6255

(S) "Ethanol" means fermentation ethyl alcohol derived from	6256
agricultural products, including potatoes, cereal, grains, cheese	6257
whey, and sugar beets; forest products; or other renewable or	6258
biomass resources, including residue and waste generated from the	6259
production, processing, and marketing of agricultural products,	6260
forest products, and other renewable or biomass resources, that	6261
meets all of the specifications in the American society for	6262
testing and materials (ASTM) specification D 4806-88 and is	6263
denatured as specified in Parts 20 and 21 of Title 27 of the Code	6264
of Federal Regulations.	6265

(T) "Biofuel" means any fuel that is made from cellulosic	6266
biomass resources, including renewable organic matter, crop waste	6267
residue, wood, aquatic plants and other crops, animal waste, solid	6268
waste, or sludge, and that is used for the production of energy	6269
for transportation or other purposes.	6270

(U) "FutureGen project" means the buildings, equipment, and	6271
real property and functionally related buildings, equipment, and	6272
real property, including related research projects that support	6273
the development and operation of the buildings, equipment, and	6274
real property, designated by the United States department of	6275
energy and the FutureGen industrial alliance, inc., as the	6276
coal-fueled, zero-emissions power plant designed to prove the	6277
technical and economic feasibility of producing electricity and	6278
hydrogen from coal and nearly eliminating carbon dioxide emissions	6279
through capture and permanent storage.	6280

Sec. 3770.05.  (A) As used in this section, "person" means	6281
any person, association, corporation, partnership, club, trust,	6282
estate, society, receiver, trustee, person acting in a fiduciary	6283
or representative capacity, instrumentality of the state or any of	6284
its political subdivisions, or any other combination of	6285
individuals meeting the requirements set forth in this section or	6286
established by rule or order of the state lottery commission.	6287

(B) The director of the state lottery commission may license	6288
any person as a lottery sales agent. No license shall be issued to	6289
any person or group of persons to engage in the sale of lottery	6290
tickets as the person's or group's sole occupation or business.	6291

Before issuing any license to a lottery sales agent, the	6292
director shall consider all of the following:	6293

(1) The financial responsibility and security of the person	6294
applicant and the person'sapplicant's business or activity;	6295

(2) The accessibility of the agent'sapplicant's place of	6296
business or activity to the public;	6297

(3) The sufficiency of existing licensed agents to serve the	6298
public interest;	6299

(4) The volume of expected sales by the applicant;

6300

(5) Any other factors pertaining to the public interest,	6301
convenience, or trust.	6302

(C) Except as otherwise provided in division (F) of this	6303
section, the director of the state lottery commission shall refuse	6304
to grant, or shall suspend or revoke, a license if the applicant	6305
or licensee:	6306

(1) Has been convicted of a felony, or has been convicted of	6307
a crime involving moral turpitude;	6308

(2) Has been convicted of an offense that involves illegal	6309
gambling;	6310

(3) Has been found guilty of fraud or misrepresentation in	6311
any connection;	6312

(4) Has been found to have violated any rule or order of the	6313
commission; or	6314

(5) Has been convicted of illegal trafficking in food stamps.

6315

(D) Except as otherwise provided in division (F) of this	6316
section, the director of the state lottery commission shall refuse	6317
to grant, or shall suspend or revoke, a license if the applicant	6318
or licensee is a corporation and any of the following applies:	6319

(1) Any of whosethe corporation's directors, officers, or	6320
controlling shareholders havehas been found guilty of any of the	6321
activities specified in divisions (C)(1) to (4)(5) of this	6322
section;	6323

(2) In which itIt appears to the director of the state	6324
lottery commission that, due to the experience, character, or	6325
general fitness of any director, officer, or controlling	6326
shareholder of the corporation, the granting of a license as a	6327
lottery sales agent would be inconsistent with the public	6328
interest, convenience, or trust;	6329

(3) NotThe corporation is not the owner or lessee of the	6330
business at which it willwould conduct a lottery sales agency	6331
pursuant to the license applied for, or that any;	6332

(4) Any person, firm, association, or corporation other than	6333
the applicant or licensee shares or will share in the profits of	6334
the applicant or licensee, other than receiving dividends or	6335
distributions as a shareholder, or participates or will	6336
participate in the management of the affairs of the applicant or	6337
licensee.	6338

(E)(1) The director of the state lottery commission shall	6339
refuse to grant a license to an applicant for a lottery sales	6340
agent license and shall revoke a lottery sales agent license of a	6341
licensee if the applicant or licensee is or has been convicted of	6342
a violation of division (A) or (C)(1) of section 2913.46 of the	6343
Revised Code.	6344

(2) The director shall refuse to grant a license to an	6345
applicant for a lottery sales agent license that is a corporation	6346
and shall revoke the lottery sales agent license of a licensee	6347
that is a corporation, if the corporation is or has been convicted	6348
of a violation of division (A) or (C)(1) of a violation of section	6349
2913.46 of the Revised Code.	6350

(F) The director of the state lottery commission shall	6351
request the bureau of criminal identification and investigation,	6352
the department of public safety, or any other state, local, or	6353
federal agency to supply the director with the criminal records of	6354
any applicant for a lottery sales agent license, and may	6355
periodically request suchthe criminal records of any person to	6356
whom such a lottery sales agent license has been issued. At or	6357
prior to the time of making such a request, the director shall	6358
require an applicant or licensee to obtain fingerprint impressions	6359
on fingerprint cards prescribed by the superintendent of the	6360
bureau of criminal identification and investigation at a qualified	6361
law enforcement agency, and the director shall cause thesethose	6362
fingerprint cards to be forwarded to the bureau of criminal	6363
identification and investigation and, to the federal bureau of	6364
investigation, or to both bureaus. The commission shall assume the	6365
cost of obtaining the fingerprint cards. The	6366

The director shall pay to each agency supplying suchcriminal	6367
records for each investigation a reasonable fee, as determined by	6368
the agency. The	6369

The commission may adopt uniform rules specifying time	6370
periods after which the persons described in divisions (C)(1) to	6371
(4)(5) and (D)(1) to (3)(4) of this section may be issued a	6372
license and establishing requirements for suchthose persons to	6373
seek a court order to have records sealed in accordance with law.	6374

(G)(1) Each applicant for a lottery sales agent license shall	6375
do both of the following:	6376

(a) Pay to the state lottery commission, at the time the	6377
application is submitted, a fee of twenty-five dollars upon	6378
approval ofin an amount that the applicationdirector of the	6379
state lottery commission determines by rule adopted under Chapter	6380
119. of the Revised Code and that the controlling board approves;	6381

(b) Prior to approval of the application, obtain a surety or,	6382
if required, a fidelity bond in an amount to be determined by the	6383
director determines by rule adopted under Chapter 119. of the	6384
Revised Code or, alternatively, with the director's approval,	6385
deposit the same amount into a dedicated account for the benefit	6386
of the state lottery. The director also may approve the obtaining	6387
of a surety bond to cover part of the amount required, together	6388
with a dedicated account deposit to cover the remainder of the	6389
amount required. The	6390

A surety bond may be with any company that complies with the	6391
bonding and surety laws of this state and the requirements	6392
established by rules of the commission pursuant to this chapter. A	6393
dedicated account deposit shall be conducted in accordance with	6394
policies and procedures the director establishes.	6395

A surety bond, dedicated account, or both, as applicable, may	6396
be used to pay for the lottery sales agent's failure to make	6397
prompt and accurate payments for lottery ticket sales, for missing	6398
or stolen lottery tickets, or for damage to equipment or materials	6399
issued to the lottery sales agent, or to pay for expenses the	6400
commission incurs in connection with the lottery sales agent's	6401
license.	6402

(2) A lottery sales agent license is effective for one year.	6403
A	6404

A licensed lottery sales agent shall, on or before the date	6405
established by the director, shall renew the agent's license and	6406
provide at that time evidence to the director that the surety	6407
bond, dedicated account deposit, or both, required under division	6408
(F)(G)(1)(b) of this section has been renewed or is active,	6409
whichever applies. The director shall certify to the commission	6410
that the applicant for renewal has the required bond.	6411

TheBefore the commission renews a lottery sales agent	6412
license, the lottery sales agent shall submit a renewal fee to the	6413
commission in an amount that the director determines by rule	6414
adopted under Chapter 119. of the Revised Code and that the	6415
controlling board approves. The renewal fee shall not exceed the	6416
actual cost of administering the license renewal and processing	6417
changes reflected in the renewal application. The renewal of the	6418
license is effective for up to one year.	6419

(3) A lottery sales agent license shall be complete,	6420
accurate, and current at all times during the term of the license.	6421
Any changes to an original license application or a renewal	6422
application may subject the applicant or lottery sales agent, as	6423
applicable, to paying an administrative fee that shall be in an	6424
amount that the director determines by rule adopted under Chapter	6425
119. of the Revised Code, that the controlling board approves, and	6426
that shall not exceed the actual cost of administering and	6427
processing the changes to an application.	6428

(4) The relationship between the state lottery commission and	6429
a lottery sales agent is one of trust. A lottery sales agent	6430
collects funds on behalf of the commission through the sale of	6431
lottery tickets for which the agent receives a compensation.	6432

(H) Pending a final resolution of any question arising under	6433
this section, the director of the state lottery commission may	6434
issue a temporary lottery sales agent license, subject to suchthe	6435
terms and conditions as the director may considerconsiders	6436
appropriate.	6437

(I) If a lottery sales agent's rental payments for the	6438
lottery sales agent's premises are determined, in whole or in	6439
part, by the amount of retail sales the lottery sales agent makes,	6440
and if the rental agreement does not expressly provide that the	6441
amount of suchthose retail sales includes the amounts the lottery	6442
sales agent receives from lottery ticket sales, only the amounts	6443
the lottery sales agent receives as compensation from the state	6444
lottery commission for selling lottery tickets shall be considered	6445
to be amounts the lottery sales agent receives from the retail	6446
sales the lottery sales agent makes, for the purpose of computing	6447
the lottery sales agent's rental payments.	6448

Sec. 3770.073.  (A) If a person is entitled to a lottery	6449
prize award and is indebted to the state for the payment of any	6450
tax, workers' compensation premium, unemployment contribution,	6451
payment in lieu of unemployment contribution, certified claim	6452
under section 131.02 or 131.021 of the Revised Code, lottery sales	6453
receipts held in trust on behalf of the state lottery commission	6454
as described in division (G)(2)(4) of section 3770.05 of the	6455
Revised Code, or charge, penalty, or interest arising from these	6456
debts and if the amount of the prize money or the cost of goods or	6457
services awarded as a lottery prize award is five thousand dollars	6458
or more, the director of the state lottery commission, or the	6459
director's designee, shall do either of the following:	6460

(1) If the prize award will be paid in a lump sum, deduct	6461
from the prize award and pay to the attorney general an amount in	6462
satisfaction of the debt and pay any remainder to that person. If	6463
the amount of the prize award is less than the amount of the debt,	6464
the entire amount of the prize award shall be deducted and paid in	6465
partial satisfaction of the debt.	6466

(2) If the prize award will be paid in annual installments,	6467
on the date the initial installment payment is due, deduct from	6468
that installment and pay to the attorney general an amount in	6469
satisfaction of the debt and, if necessary to collect the full	6470
amount of the debt, do the same for any subsequent annual	6471
installments, at the time the installments become due and owing to	6472
the person, until the debt is fully satisfied.	6473

(B) If a person entitled to a lottery prize award owes more	6474
than one debt, any debt subject to section 5739.33 or division (G)	6475
of section 5747.07 of the Revised Code shall be satisfied first.	6476

(C) Except as provided in section 131.021 of the Revised	6477
Code, this section applies only to debts that have become final.	6478

Sec. 4121.121.  (A) There is hereby created the bureau of	6479
workers' compensation, which shall be administered by the	6480
administrator of workers' compensation. A person appointed to the	6481
position of administrator shall possess significant management	6482
experience in effectively managing an organization or	6483
organizations of substantial size and complexity. The governor	6484
shall appoint the administrator as provided in section 121.03 of	6485
the Revised Code, and the administrator shall serve at the	6486
pleasure of the governor. The governor shall fix the	6487
administrator's salary on the basis of the administrator's	6488
experience and the administrator's responsibilities and duties	6489
under this chapter and Chapters 4123., 4127., 4131., and 4167. of	6490
the Revised Code. The governor shall not appoint to the position	6491
of administrator any person who has, or whose spouse has, given a	6492
contribution to the campaign committee of the governor in an	6493
amount greater than one thousand dollars during the two-year	6494
period immediately preceding the date of the appointment of the	6495
administrator.	6496

The administrator shall hold no other public office and shall	6497
devote full time to the duties of administrator. Before entering	6498
upon the duties of the office, the administrator shall take an	6499
oath of office as required by sections 3.22 and 3.23 of the	6500
Revised Code, and shall file in the office of the secretary of	6501
state, a bond signed by the administrator and by surety approved	6502
by the governor, for the sum of fifty thousand dollars payable to	6503
the state, conditioned upon the faithful performance of the	6504
administrator's duties.	6505

(B) The administrator is responsible for the management of	6506
the bureau of workers' compensation and for the discharge of all	6507
administrative duties imposed upon the administrator in this	6508
chapter and Chapters 4123., 4127., 4131., and 4167. of the Revised	6509
Code, and in the discharge thereof shall do all of the following:	6510

(1) Establish the overall administrative policy of the bureau	6511
for the purposes of this chapter and Chapters 4123., 4127., 4131.,	6512
and 4167. of the Revised Code, and perform all acts and exercise	6513
all authorities and powers, discretionary and otherwise that are	6514
required of or vested in the bureau or any of its employees in	6515
this chapter and Chapters 4123., 4127., 4131., and 4167. of the	6516
Revised Code, except the acts and the exercise of authority and	6517
power that is required of and vested in the oversight commission	6518
or the industrial commission pursuant to those chapters. The	6519
treasurer of state shall honor all warrants signed by the	6520
administrator, or by one or more of the administrator's employees,	6521
authorized by the administrator in writing, or bearing the	6522
facsimile signature of the administrator or such employee under	6523
sections 4123.42 and 4123.44 of the Revised Code.	6524

(2) Employ, direct, and supervise all employees required in	6525
connection with the performance of the duties assigned to the	6526
bureau by this chapter and Chapters 4123., 4127., 4131., and 4167.	6527
of the Revised Code, and may establish job classification plans	6528
and compensation for all employees of the bureau provided that	6529
this grant of authority shall not be construed as affecting any	6530
employee for whom the state employment relations board has	6531
established an appropriate bargaining unit under section 4117.06	6532
of the Revised Code. All positions of employment in the bureau are	6533
in the classified civil service except those employees the	6534
administrator may appoint to serve at the administrator's pleasure	6535
in the unclassified civil service pursuant to section 124.11 of	6536
the Revised Code. The administrator shall fix the salaries of	6537
employees the administrator appoints to serve at the	6538
administrator's pleasure, including the chief operating officer,	6539
staff physicians, and other senior management personnel of the	6540
bureau and shall establish the compensation of staff attorneys of	6541
the bureau's legal section and their immediate supervisors, and	6542
take whatever steps are necessary to provide adequate compensation	6543
for other staff attorneys.	6544

The administrator may appoint a person holdingwho holds a	6545
certified position in the classified service within the bureau to	6546
any statea position in the unclassified service ofwithin the	6547
bureau of workers' compensation. A person so appointed pursuant to	6548
this division to a position in the unclassified service shall	6549
retain the right to resume the position and status held by the	6550
person in the classified service immediately prior to the person's	6551
appointment in the unclassified service. If the position the	6552
person previously held has been filled or placed in the	6553
unclassified service, or is otherwise unavailable, the person	6554
shall be appointed to a position in the classified service within	6555
the bureau that the department of administrative services	6556
certifies is comparable in compensation to the position the person	6557
previously held. Reinstatement, regardless of the number of	6558
positions the person held in the unclassified service. An	6559
employee's right to resume a position in the classified service	6560
may only be exercised when the administrator demotes the employee	6561
to a pay range lower than the employee's current pay range or	6562
revokes the employee's appointment to the unclassified service. An	6563
employee forfeits the right to resume a position in the classified	6564
service when the employee is removed from the position in the	6565
unclassified service due to incompetence, inefficiency,	6566
dishonesty, drunkenness, immoral conduct, insubordination,	6567
discourteous treatment of the public, neglect of duty, violation	6568
of this chapter or Chapter 124., 4123., 4127., 4131., or 4167. of	6569
the Revised Code, violation of the rules of the director of	6570
administrative services or the administrator of workers'	6571
compensation, any other failure of good behavior, any other acts	6572
of misfeasance, malfeasance, or nonfeasance in office, or	6573
conviction of a felony. An employee also forfeits the right to	6574
resume a position in the classified service upon transfer to a	6575
different agency.	6576

Reinstatement to a position in the classified service shall	6577
be to a position substantially equal to that position in the	6578
classified service held previously, as certified by the department	6579
of administrative services. If the position the person previously	6580
held in the classified service has been placed in the unclassified	6581
service or is otherwise unavailable, the person shall be appointed	6582
to a position in the classified service within the bureau that the	6583
director of administrative services certifies is comparable in	6584
compensation to the position the person previously held in the	6585
classified service. Service in the position in the unclassified	6586
service shall be counted as service in the position in the	6587
classified service held by the person immediately prior to the	6588
person's appointment in the unclassified service. When a person is	6589
reinstated to a position in the classified service as provided in	6590
this sectiondivision, the person is entitled to all rights,	6591
status, and benefits accruing to the position during the person's	6592
time of service in the position in the unclassified service.	6593

(3) Reorganize the work of the bureau, its sections,	6594
departments, and offices to the extent necessary to achieve the	6595
most efficient performance of its functions and to that end may	6596
establish, change, or abolish positions and assign and reassign	6597
duties and responsibilities of every employee of the bureau. All	6598
persons employed by the commission in positions that, after	6599
November 3, 1989, are supervised and directed by the administrator	6600
under this section are transferred to the bureau in their	6601
respective classifications but subject to reassignment and	6602
reclassification of position and compensation as the administrator	6603
determines to be in the interest of efficient administration. The	6604
civil service status of any person employed by the commission is	6605
not affected by this section. Personnel employed by the bureau or	6606
the commission who are subject to Chapter 4117. of the Revised	6607
Code shall retain all of their rights and benefits conferred	6608
pursuant to that chapter as it presently exists or is hereafter	6609
amended and nothing in this chapter or Chapter 4123. of the	6610
Revised Code shall be construed as eliminating or interfering with	6611
Chapter 4117. of the Revised Code or the rights and benefits	6612
conferred under that chapter to public employees or to any	6613
bargaining unit.	6614

(4) Provide offices, equipment, supplies, and other	6615
facilities for the bureau.	6616

(5) Prepare and submit to the oversight commission	6617
information the administrator considers pertinent or the oversight	6618
commission requires, together with the administrator's	6619
recommendations, in the form of administrative rules, for the	6620
advice and consent of the oversight commission, for	6621
classifications of occupations or industries, for premium rates	6622
and contributions, for the amount to be credited to the surplus	6623
fund, for rules and systems of rating, rate revisions, and merit	6624
rating. The administrator shall obtain, prepare, and submit any	6625
other information the oversight commission requires for the prompt	6626
and efficient discharge of its duties.	6627

(6) Keep the accounts required by division (A) of section	6628
4123.34 of the Revised Code and all other accounts and records	6629
necessary to the collection, administration, and distribution of	6630
the workers' compensation funds and shall obtain the statistical	6631
and other information required by section 4123.19 of the Revised	6632
Code.	6633

(7) Exercise the investment powers vested in the	6634
administrator by section 4123.44 of the Revised Code in accordance	6635
with the investment objectives, policies, and criteria established	6636
by the oversight commission pursuant to section 4121.12 of the	6637
Revised Code and in consultation with the chief investment officer	6638
of the bureau of workers' compensation. The administrator shall	6639
not engage in any prohibited investment activity specified by the	6640
oversight commission pursuant to division (G)(6) of section	6641
4121.12 of the Revised Code and shall not invest in any type of	6642
investment specified in divisiondivisions (G)(6)(a) to (j) of	6643
that section. All business shall be transacted, all funds	6644
invested, all warrants for money drawn and payments made, and all	6645
cash and securities and other property held, in the name of the	6646
bureau, or in the name of its nominee, provided that nominees are	6647
authorized by the administrator solely for the purpose of	6648
facilitating the transfer of securities, and restricted to the	6649
administrator and designated employees.	6650

(8) Make contracts for and supervise the construction of any	6651
project or improvement or the construction or repair of buildings	6652
under the control of the bureau.	6653

(9) Purchase supplies, materials, equipment, and services;	6654
make contracts for, operate, and superintend the telephone, other	6655
telecommunication, and computer services for the use of the	6656
bureau; and make contracts in connection with office reproduction,	6657
forms management, printing, and other services. Notwithstanding	6658
sections 125.12 to 125.14 of the Revised Code, the administrator	6659
may transfer surplus computers and computer equipment directly to	6660
an accredited public school within the state. The computers and	6661
computer equipment may be repaired or refurbished prior to the	6662
transfer.	6663

(10) Separately from the budget the industrial commission	6664
submits, prepare and submit to the director of budget and	6665
management a budget for each biennium. The budget submitted shall	6666
include estimates of the costs and necessary expenditures of the	6667
bureau in the discharge of any duty imposed by law.	6668

(11) As promptly as possible in the course of efficient	6669
administration, decentralize and relocate such of the personnel	6670
and activities of the bureau as is appropriate to the end that the	6671
receipt, investigation, determination, and payment of claims may	6672
be undertaken at or near the place of injury or the residence of	6673
the claimant and for that purpose establish regional offices, in	6674
such places as the administrator considers proper, capable of	6675
discharging as many of the functions of the bureau as is	6676
practicable so as to promote prompt and efficient administration	6677
in the processing of claims. All active and inactive lost-time	6678
claims files shall be held at the service office responsible for	6679
the claim. A claimant, at the claimant's request, shall be	6680
provided with information by telephone as to the location of the	6681
file pertaining to the claimant's claim. The administrator shall	6682
ensure that all service office employees report directly to the	6683
director for their service office.	6684

(12) Provide a written binder on new coverage where the	6685
administrator considers it to be in the best interest of the risk.	6686
The administrator, or any other person authorized by the	6687
administrator, shall grant the binder upon submission of a request	6688
for coverage by the employer. A binder is effective for a period	6689
of thirty days from date of issuance and is nonrenewable. Payroll	6690
reports and premium charges shall coincide with the effective date	6691
of the binder.	6692

(13) Set standards for the reasonable and maximum handling	6693
time of claims payment functions, ensure, by rules, the impartial	6694
and prompt treatment of all claims and employer risk accounts, and	6695
establish a secure, accurate method of time stamping all incoming	6696
mail and documents hand delivered to bureau employees.	6697

(14) Ensure that all employees of the bureau follow the	6698
orders and rules of the commission as such orders and rules relate	6699
to the commission's overall adjudicatory policy-making and	6700
management duties under this chapter and Chapters 4123., 4127.,	6701
and 4131. of the Revised Code.	6702

(15) Manage and operate a data processing system with a	6703
common data base for the use of both the bureau and the commission	6704
and, in consultation with the commission, using electronic data	6705
processing equipment, shall develop a claims tracking system that	6706
is sufficient to monitor the status of a claim at any time and	6707
that lists appeals that have been filed and orders or	6708
determinations that have been issued pursuant to section 4123.511	6709
or 4123.512 of the Revised Code, including the dates of such	6710
filings and issuances.	6711

(16) Establish and maintain a medical section within the	6712
bureau. The medical section shall do all of the following:	6713

(a) Assist the administrator in establishing standard medical	6714
fees, approving medical procedures, and determining eligibility	6715
and reasonableness of the compensation payments for medical,	6716
hospital, and nursing services, and in establishing guidelines for	6717
payment policies which recognize usual, customary, and reasonable	6718
methods of payment for covered services;	6719

(b) Provide a resource to respond to questions from claims	6720
examiners for employees of the bureau;	6721

(c) Audit fee bill payments;

6722

(d) Implement a program to utilize, to the maximum extent	6723
possible, electronic data processing equipment for storage of	6724
information to facilitate authorizations of compensation payments	6725
for medical, hospital, drug, and nursing services;	6726

(e) Perform other duties assigned to it by the administrator.

6727

(17) Appoint, as the administrator determines necessary,	6728
panels to review and advise the administrator on disputes arising	6729
over a determination that a health care service or supply provided	6730
to a claimant is not covered under this chapter or Chapter 4123.	6731
of the Revised Code or is medically unnecessary. If an individual	6732
health care provider is involved in the dispute, the panel shall	6733
consist of individuals licensed pursuant to the same section of	6734
the Revised Code as such health care provider.	6735

(18) Pursuant to section 4123.65 of the Revised Code, approve	6736
applications for the final settlement of claims for compensation	6737
or benefits under this chapter and Chapters 4123., 4127., and	6738
4131. of the Revised Code as the administrator determines	6739
appropriate, except in regard to the applications of self-insuring	6740
employers and their employees.	6741

(19) Comply with section 3517.13 of the Revised Code, and	6742
except in regard to contracts entered into pursuant to the	6743
authority contained in section 4121.44 of the Revised Code, comply	6744
with the competitive bidding procedures set forth in the Revised	6745
Code for all contracts into which the administrator enters	6746
provided that those contracts fall within the type of contracts	6747
and dollar amounts specified in the Revised Code for competitive	6748
bidding and further provided that those contracts are not	6749
otherwise specifically exempt from the competitive bidding	6750
procedures contained in the Revised Code.	6751

(20) Adopt, with the advice and consent of the oversight	6752
commission, rules for the operation of the bureau.	6753

(21) Prepare and submit to the oversight commission	6754
information the administrator considers pertinent or the oversight	6755
commission requires, together with the administrator's	6756
recommendations, in the form of administrative rules, for the	6757
advice and consent of the oversight commission, for the health	6758
partnership program and the qualified health plan system, as	6759
provided in sections 4121.44, 4121.441, and 4121.442 of the	6760
Revised Code.	6761

(C) The administrator, with the advice and consent of the	6762
senate, shall appoint a chief operating officer who has	6763
significant experience in the field of workers' compensation	6764
insurance or other similar insurance industry experience if the	6765
administrator does not possess such experience. The chief	6766
operating officer shall not commence the chief operating officer's	6767
duties until after the senate consents to the chief operating	6768
officer's appointment. The chief operating officer shall serve in	6769
the unclassified civil service of the state.	6770

Sec. 4503.068.  On or before the second Monday in September	6771
of each year, the county treasurer shall total the amount by which	6772
the taxes levied in that year were reduced pursuant to section	6773
4503.067 of the Revised Code, and certify that amount to the tax	6774
commissioner. Within ninety days of the receipt of the	6775
certification, the commissioner shall certify that amount to the	6776
auditordirector of statebudget and management and the auditor	6777
director shall make two payments from the general revenue fund in	6778
favor of the county treasurer. One shall be in the full amount by	6779
which taxes were reduced. The other shall be in an amount equal to	6780
two per cent of such amount and shall be a payment to the county	6781
auditor and county treasurer for the costs of administering	6782
sections 4503.064 to 4503.069 of the Revised Code.	6783

Immediately upon receipt of the payment in the full amount by	6784
which taxes were reduced, the full amount of the payment shall be	6785
distributed among the taxing districts in the county as though it	6786
had been received as taxes under section 4503.06 of the Revised	6787
Code from each person for whom taxes were reduced under sections	6788
4503.064 to 4503.069 of the Revised Code.	6789

Sec. 4728.03.  (A) As used in this section, "experience and	6790
fitness in the capacity involved" means that the applicant for a	6791
precious metals dealer's license has had sufficient financial	6792
responsibility, reputation, and experience in the business of	6793
precious metals dealer, or a related business, to act as a	6794
precious metals dealer in compliance with this chapter.	6795

(B)(1) The division of financial institutions in the	6796
department of commerce may grant a precious metals dealer's	6797
license to any person of good character, having experience and	6798
fitness in the capacity involved, who demonstrates a net worth of	6799
at least ten thousand dollars and the ability to maintain that net	6800
worth during the licensure period. The superintendent of financial	6801
institutions shall compute the applicant's net worth according to	6802
generally accepted accounting principles.	6803

(2) In place of the demonstration of net worth required by	6804
division (B)(1) of this section, an applicant may obtain a surety	6805
bond issued by a surety company authorized to do business in this	6806
state if all of the following conditions are met:	6807

(a) A copy of the surety bond is filed with the division;

6808

(b) The bond is in favor of any person, and of the state for	6809
the benefit of any person, injured by any violation of this	6810
chapter;	6811

(c) The bond is in the amount of not less than ten thousand	6812
dollars.	6813

(3) Before granting a license under this division, the	6814
division shall determine that the applicant meets the requirements	6815
of division (B)(1) or (2) of this section.	6816

(C) The division shall require an applicant for a precious	6817
metals dealer's license to pay to the division a nonrefundable,	6818
initial investigation fee of two hundred dollars which shall be	6819
for the exclusive use of the state. The license fee for a precious	6820
metals dealer's license and the renewal fee shall be determined by	6821
the superintendent, provided that the fee may not exceed three	6822
hundred dollars. A license issued by the division shall expire on	6823
the last day of June next following the date of its issuance.	6824
Fifty per cent of license fees shall be for the use of the state,	6825
and fifty per cent shall be paid to the municipal corporation, or	6826
if outside the limits of any municipal corporation, to the county	6827
in which the office of the licensee is located. All portions of	6828
license fees payable to municipal corporations or counties shall	6829
be paid as they accrue, by the treasurer of state, on vouchers	6830
issued by the auditordirector of statebudget and management.	6831

(D) Every such license shall be renewed annually by the last	6832
day of June according to the standard renewal procedure of	6833
sections Chapter 4745. of the Revised Code. No license shall be	6834
granted to any person not a resident of or the principal office of	6835
which is not located in the municipal corporation or county	6836
designated in such license, unless, and until such applicant	6837
shall, in writing and in due form, to be first approved by and	6838
filed with the division, appoint an agent, a resident of the	6839
state, and city or county where the office is to be located, upon	6840
whom all judicial and other process, or legal notice, directed to	6841
the applicant may be served; and in case of the death, removal	6842
from the state, or any legal disability or any disqualification of	6843
any agent, service of process or notice may be made upon the	6844
superintendent.	6845

(E) The division may, pursuant to Chapter 119. of the Revised	6846
Code, upon notice to the licensee and after giving the licensee	6847
reasonable opportunity to be heard, revoke or suspend any license,	6848
if the licensee or the licensee's officers, agents, or employees	6849
violate this chapter. Whenever, for any cause, the license is	6850
revoked or suspended, the division shall not issue another license	6851
to the licensee nor to the husband or wife of the licensee, nor to	6852
any copartnership or corporation of which the licensee is an	6853
officer, nor to any person employed by the licensee, until the	6854
expiration of at least one year from the date of revocation of the	6855
license.	6856

(F) In conducting an investigation to determine whether an	6857
applicant satisfies the requirements for licensure under this	6858
section, the superintendent may request that the superintendent of	6859
the bureau of criminal identification and investigation	6860
investigate and determine whether the bureau has procured any	6861
information pursuant to section 109.57 of the Revised Code	6862
pertaining to the applicant.	6863

If the superintendent of financial institutions determines	6864
that conducting an investigation to determine whether an applicant	6865
satisfies the requirements for licensure under this section will	6866
require procuring information outside the state, then, in addition	6867
to the fee established under division (C) of this section, the	6868
superintendent may require the applicant to pay any of the actual	6869
expenses incurred by the division to conduct such an	6870
investigation, provided that the superintendent shall assess the	6871
applicant a total no greater than one thousand dollars for such	6872
expenses. The superintendent may require the applicant to pay in	6873
advance of the investigation, sufficient funds to cover the	6874
estimated cost of the actual expenses. If the superintendent	6875
requires the applicant to pay investigation expenses, the	6876
superintendent shall provide to the applicant an itemized	6877
statement of the actual expenses incurred by the division to	6878
conduct the investigation.	6879

(G)(1) Except as otherwise provided in division (G)(2) of	6880
this sectionssection a precious metals dealer licensed under this	6881
section shall maintain a net worth of at least ten thousand	6882
dollars, computed as required under division (B)(1) of this	6883
section, for as long as the licensee holds a valid precious metals	6884
dealer's license issued pursuant to this section.	6885

(2) A licensee who obtains a surety bond under division	6886
(B)(2) of this section is exempt from the requirement of division	6887
(G)(1) of this section, but shall maintain the bond for at least	6888
two years after the date on which the licensee ceases to conduct	6889
business in this state.	6890

Sec. 4763.03.  (A) In addition to any other duties imposed on	6891
the real estate appraiser board under this chapter, the board	6892
shall:	6893

(1) Adopt rules, in accordance with Chapter 119. of the	6894
Revised Code, in furtherance of this chapter, including, but not	6895
limited to, all of the following:	6896

(a) Defining, with respect to state-certified general real	6897
estate appraisers, state-certified residential real estate	6898
appraisers, and state-licensed residential real estate appraisers,	6899
the type of educational experience, appraisal experience, and	6900
other equivalent experience that satisfy the requirements of this	6901
chapter. The rules shall require that all appraisal experience	6902
performed after January 1, 1996, meet the uniform standards of	6903
professional practice established by the appraisal foundation.	6904

(b) Establishing the examination specifications for	6905
state-certified general real estate appraisers, state-certified	6906
residential real estate appraisers, and state-licensed residential	6907
real estate appraisers;	6908

(c) Relating to disciplinary proceedings conducted in	6909
accordance with section 4763.11 of the Revised Code, including	6910
rules governing the reinstatement of certificates, registrations,	6911
and licenses that have been suspended pursuant to those	6912
proceedings;	6913

(d) Identifying any additional information to be included on	6914
the forms specified in division (C) of section 4763.12 of the	6915
Revised Code, provided that the rules shall not require any less	6916
information than is required in that division;	6917

(e) Establishing the fees set forth in section 4763.09 of the	6918
Revised Code;	6919

(f) Establishing the amount of the assessment required by	6920
division (A)(2) of section 4763.05 of the Revised Code. The board	6921
annually shall determine the amount due from each applicant for an	6922
initial certificate, registration, and license in an amount that	6923
will maintain the real estate appraiser recovery fund at the level	6924
specified in division (A) of section 4763.16 of the Revised Code.	6925
The board may, if the fund falls below that amount, require	6926
current certificate holders, registrants, and licensees to pay an	6927
additional assessment.	6928

(g) Defining, with respect to state-registered real estate	6929
appraiser assistants, the educational and experience requirements	6930
ofpursuant to division (C)(1)(d) of section 4763.05 of the	6931
Revised Code;	6932

(h) Establishing a real estate appraiser assistant program	6933
for the registration of real estate appraiser assistants.	6934

(2) Provide or procure appropriate examination questions and	6935
answers forPrescribe by rule the requirements for the	6936
examinations required by division (D) of section 4763.05 of the	6937
Revised Code, and establish the criteria for successful completion	6938
of those examinations;	6939

(3) Periodically review the standards for preparation and	6940
reporting of real estate appraisals provided in this chapter and	6941
adopt rules explaining and interpreting those standards;	6942

(4) Hear appeals, pursuant to Chapter 119. of the Revised	6943
Code, from decisions and orders the superintendent of real estate	6944
issues pursuant to this chapter;	6945

(5) Request the initiation by the superintendent of	6946
investigations of violations of this chapter or the rules adopted	6947
pursuant thereto, as the board determines appropriate;	6948

(6) Determine the appropriate disciplinary actions to be	6949
taken against certificate holders, registrants, and licensees	6950
under this chapter as provided in section 4763.11 of the Revised	6951
Code.	6952

(B) In addition to any other duties imposed on the	6953
superintendent of real estate under this chapter, the	6954
superintendent shall:	6955

(1) Prescribe the form and content of all applications	6956
required by this chapter;	6957

(2) Receive applications for certifications, registrations,	6958
and licenses and renewal thereof under this chapter and establish	6959
the procedures for processing, approving, and disapproving those	6960
applications;	6961

(3) Retain records and all application materials submitted to	6962
the superintendent;	6963

(4) Establish the time and place for conducting the	6964
examinations required by division (D) of section 4763.05 of the	6965
Revised Code;	6966

(5) Issue certificates, registrations, and licenses and	6967
maintain a register of the names and addresses of all persons	6968
issued a certificate, registration, or license under this chapter;	6969

(6) Perform any other functions and duties, including the	6970
employment of staff, necessary to administer this chapter;	6971

(7) Administer this chapter;

6972

(8) Issue all orders necessary to implement this chapter;

6973

(9) Investigate complaints, upon the superintendent's own	6974
motion or upon receipt of a complaint or upon a request of the	6975
board, concerning any violation of this chapter or the rules	6976
adopted pursuant thereto or the conduct of any person holding a	6977
certificate, registration, or license issued pursuant to this	6978
chapter;	6979

(10) Establish and maintain an investigation and audit	6980
section to investigate complaints and conduct inspections, audits,	6981
and other inquiries as in the judgment of the superintendent are	6982
appropriate to enforce this chapter. The investigators and	6983
auditors have the right to review and audit the business records	6984
of certificate holders, registrants, and licensees during normal	6985
business hours. The superintendent may utilize the investigators	6986
and auditors employed pursuant to division (B)(4) of section	6987
4735.05 of the Revised Code or currently licensed certificate	6988
holders or licensees to assist in performing the duties of this	6989
division.	6990

(11) Appoint a referee or examiner for any proceeding	6991
involving the revocation or suspension of a certificate,	6992
registration, or license under section 3123.47 or 4763.11 of the	6993
Revised Code;	6994

(12) Administer the real estate appraiser recovery fund;

6995

(13) Conduct the examinations required by division (D) of	6996
section 4763.05 of the Revised Code at least four times per year.	6997

(C) The superintendent may do all of the following:

6998

(1) In connection with investigations and audits under	6999
division (B) of this section, subpoena witnesses as provided in	7000
section 4763.04 of the Revised Code;	7001

(2) Apply to the appropriate court to enjoin any violation of	7002
this chapter. Upon a showing by the superintendent that any person	7003
has violated or is about to violate this chapter, the court shall	7004
grant an injunction, restraining order, or other appropriate	7005
relief, or any combination thereof.	7006

(D) All information that is obtained by investigators and	7007
auditors performing investigations or conducting inspections,	7008
audits, and other inquiries pursuant to division (B)(10) of this	7009
section, from certificate holders, registrants, licensees,	7010
complainants, or other persons, and all reports, documents, and	7011
other work products that arise from that information and that are	7012
prepared by the investigators, auditors, or other personnel of the	7013
department of commerce, shall be held in confidence by the	7014
superintendent, the investigators and auditors, and other	7015
personnel of the department.	7016

(E) This section does not prevent the division of real estate	7017
and professional licensing from releasing information relating to	7018
certificate holders, registrants, and licensees to the	7019
superintendent of financial institutions for purposes relating to	7020
the administration of sections 1322.01 to 1322.12 of the Revised	7021
Code, to the superintendent of insurance for purposes relating to	7022
the administration of Chapter 3953. of the Revised Code, to the	7023
attorney general, or to local law enforcement agencies and local	7024
prosecutors. Information released by the division pursuant to this	7025
section remains confidential.	7026

(F) Any rule the board adopts shall not exceed the	7027
requirements specified in federal law or regulations.	7028

Sec. 4763.05. (A)(1)(a) A person shall make application for	7029
an initial state-certified general real estate appraiser	7030
certificate, an initial state-certified residential real estate	7031
appraiser certificate, an initial state-licensed residential real	7032
estate appraiser license, or an initial state-registered real	7033
estate appraiser assistant registration in writing to the	7034
superintendent of real estate on a form the superintendent	7035
prescribes. The application shall include the address of the	7036
applicant's principal place of business and all other addresses at	7037
which the applicant currently engages in the business of preparing	7038
real estate appraisals and the address of the applicant's current	7039
residence. The superintendent shall retain the applicant's current	7040
residence address in a separate record which shall not constitute	7041
a public record for purposes of section 149.03 of the Revised	7042
Code. The application shall indicate whether the applicant seeks	7043
certification as a general real estate appraiser or as a	7044
residential real estate appraiser, licensure as a residential real	7045
estate appraiser, or registration as a real estate appraiser	7046
assistant and be accompanied by the prescribed examination and	7047
certification, registration, or licensure fees set forth in	7048
section 4763.09 of the Revised Code. The application also shall	7049
include a fingerprint of the applicant; a pledge, signed by the	7050
applicant, that the applicant will comply with the standards set	7051
forth in this chapter; and a statement that the applicant	7052
understands the types of misconduct for which disciplinary	7053
proceedings may be initiated against the applicant pursuant to	7054
this chapter.	7055

(b) Upon the filing of an application and payment of any	7056
examination and certification, registration, or licensure fees,	7057
the superintendent of real estate shall request the superintendent	7058
of the bureau of criminal identification and investigation, or a	7059
vendor approved by the bureau, to conduct a criminal records check	7060
based on the applicant's fingerprints in accordance with division	7061
(A)(11) of section 109.572 of the Revised Code. Notwithstanding	7062
division (J) of section 121.08 of the Revised Code, the	7063
superintendent of real estate shall request that criminal record	7064
information from the federal bureau of investigation be obtained	7065
as part of the criminal records check. Any fee required under	7066
division (C)(3) of section 109.572 of the Revised Code shall be	7067
paid by the applicant.	7068

(2) For purposes of providing funding for the real estate	7069
appraiser recovery fund established by section 4763.16 of the	7070
Revised Code, the real estate appraiser board shall levy an	7071
assessment against each person issued an initial certificate,	7072
registration, or license and against current licensees,	7073
registrants, and certificate holders, as required by board rule.	7074
The assessment is in addition to the application and examination	7075
fees for initial applicants required by division (A)(1) of this	7076
section and the renewal fees required for current certificate	7077
holders, registrants, and licensees. The superintendent of real	7078
estate shall deposit the assessment into the state treasury to the	7079
credit of the real estate appraiser recovery fund. The assessment	7080
for initial certificate holders, registrants, and licensees shall	7081
be paid prior to the issuance of a certificate, registration, or	7082
license, and for current certificate holders, registrants, and	7083
licensees, at the time of renewal.	7084

(B) An applicant for an initial general real estate appraiser	7085
certificate, residential real estate appraiser certificate, or	7086
residential real estate appraiser license shall possess at least	7087
thirty months of experience in real estate appraisal, or any	7088
equivalent experience the board prescribes. An applicant for a	7089
residential real estate appraiser certificate or residential real	7090
estate appraiser license shall possess at least two years of	7091
experience in real estate appraisal, or any equivalent experience	7092
as the board prescribes by rule. In addition to any other	7093
information required by the board, the applicant shall furnish,	7094
under oath, a detailed listing of the appraisal reports or file	7095
memoranda for each year for which experience is claimed and, upon	7096
request of the superintendent or the board, shall make available	7097
for examination a sample of the appraisal reports prepared by the	7098
applicant in the course of the applicant's practice.	7099

(C)(1) Except as provided in division (C)(2) of this section,	7100
anAn applicant for an initial certificate, registration, or	7101
license shall be at least eighteen years of age, honest, truthful,	7102
and of good reputation and shall present satisfactory evidence to	7103
the superintendent of the following, as appropriate:	7104

(a) If the applicant is seeking a state-certified general	7105
real estate appraiser certificate, that the applicant has	7106
successfully completed at least one hundred sixty-five classroom	7107
hours of courses in subjects related to real estate appraisal,	7108
including at least one course devoted exclusively to federal,	7109
state, and municipal fair housing law, presented by a nationally	7110
recognized appraisal organization, an institution of higher	7111
education, a career school registered by the state board of career	7112
colleges and schools, a state or federal commission or agency, or	7113
any other organization that represents the interests of financial	7114
institutions or real estate brokers, appraisers, or agents and	7115
that provides appraisal education, plus fifteen classroom hours	7116
related to standards of professional practice and the provisions	7117
of this chapter;	7118

(b) If the applicant is seeking a state-certified residential	7119
real estate appraiser certificate, that the applicant has	7120
successfully completed at least one hundred five classroom hours	7121
of courses in subjects related to real estate appraisal, including	7122
at least one course devoted exclusively to federal, state, and	7123
municipal fair housing law, presented by a nationally recognized	7124
appraisal organization, an institution of higher education, a	7125
career school registered by the state board of career colleges and	7126
schools, or any other organization that represents the interests	7127
of financial institutions or real estate brokers, appraisers, or	7128
agents and that provides appraisal education, plus fifteen	7129
classroom hours related to standards of professional practice and	7130
the provisions of this chapter;	7131

(c) If the applicant is seeking a state-licensed residential	7132
real estate appraiser license, that the applicant has successfully	7133
completed at least seventy-five classroom hours of courses in	7134
subjects related to real estate appraisal, including at least one	7135
course devoted exclusively to federal, state, and municipal fair	7136
housing law, presented by a nationally recognized appraisal	7137
organization, an institution of higher education, a career school	7138
registered by the state board of career colleges and schools, a	7139
state or federal commission or agency, or any other organization	7140
that represents the interests of financial institutions or real	7141
estate brokers, appraisers, or agents and that provides appraisal	7142
education, plus fifteen classroom hours related to standards of	7143
professional practice and the provisions of this chapter;	7144

(d) If the applicant is seeking a state-registered real	7145
estate appraiser assistant registration, that the applicant has	7146
successfully completed at least seventy-five classroom hours of	7147
courses in subjects related to real estate appraisal, including at	7148
least one course devoted exclusively to federal, state, and	7149
municipal fair housing law, presented by a nationally recognized	7150
appraisal organization, an institution of higher education, a	7151
career school registered by the state board of career colleges and	7152
schools, or any other organization that represents the interests	7153
of financial institutions or real estate brokers, appraisers, or	7154
agents, and that provides appraisal education that included at	7155
least fifteen classroom hours of instruction related to standards	7156
of professional practice and the requirements of this chapter and	7157
the rules adopted under this chapter.	7158

(2) Each person who files an application for an initial	7159
certificate or license within one year of the date established by	7160
the board as the first date on which applications will be accepted	7161
under this section, which date shall be no later than September 1,	7162
1990, and who, at the time of filing that application, does not	7163
satisfy the educational requirements for the certification or	7164
licensure sought of either division (C)(1)(a) or (b) of this	7165
section is exempt from those educational requirements for the term	7166
of the initial certification or licensure. In applying for a	7167
renewal certificate or license pursuant to section 4763.06 of the	7168
Revised Code, a certificate holder or licensee who was exempted	7169
from the educational requirements of division (C)(1)(a) or (b) of	7170
this section when applying for the initial certificate or license	7171
shall present satisfactory evidence to the superintendent that the	7172
certificate holder or licensee has completed the educational	7173
requirements for the certification or licensure to be renewed of	7174
one of those divisions before the renewal certificate or license	7175
may be issuedany education requirements the board prescribes by	7176
rule.	7177

(D) An applicant for an initial general real estate appraiser	7178
or residential real estate appraiser certificate or residential	7179
real estate appraiser license shall take and successfully complete	7180
a written examination in order to qualify for the certificate or	7181
license. The examination shall require the applicant to	7182
demonstrate all of the following:	7183

(1) Appropriate knowledge of technical terms commonly used in	7184
or related to real estate appraising, appraisal report writing,	7185
and the economic concepts applicable to real estate;	7186

(2) Understanding of the principles of land economics, real	7187
estate appraisal processes, and problems likely to be encountered	7188
in gathering, interpreting, and processing of data in carrying out	7189
appraisal disciplines;	7190

(3) Understanding of the standards for the development and	7191
communication of real estate appraisals as provided in this	7192
chapter and the rules adopted thereunder;	7193

(4) Knowledge of theories of depreciation, cost estimating,	7194
methods of capitalization, direct sales comparison, and the	7195
mathematics of real estate appraisal that are appropriate for the	7196
certification or licensure for which the applicant has applied;	7197

(5) Knowledge of other principles and procedures as	7198
appropriate for the certification or license;	7199

(6) Basic understanding of real estate law;

7200

(7) Understanding of the types of misconduct for which	7201
disciplinary proceedings may be initiated against a certificate	7202
holder and licenseeThe board shall prescribe the examination	7203
requirements by rule.	7204

(E)(1) A nonresident, natural person of this state who has	7205
complied with this section may obtain a certificate, registration,	7206
or license. The board shall adopt rules relating to the	7207
certification, registration, and licensure of a nonresident	7208
applicant whose state of residence the board determines to have	7209
certification, registration, or licensure requirements that are	7210
substantially similar to those set forth in this chapter and the	7211
rules adopted thereunder.	7212

(2) The board shall recognize on a temporary basis a	7213
certification or license issued in another state and shall	7214
register on a temporary basis an appraiser who is certified or	7215
licensed in another state if all of the following apply:	7216

(a) The temporary registration is to perform an appraisal	7217
assignment that is part of a federally related transaction.	7218

(b) The appraiser's business in this state is of a temporary	7219
nature.	7220

(c) The appraiser registers with the board pursuant to this	7221
division.	7222

An appraiser who is certified or licensed in another state	7223
shall register with the board for temporary practice before	7224
performing an appraisal assignment in this state in connection	7225
with a federally related transaction.	7226

The board shall adopt rules relating to registration for the	7227
temporary recognition of certification and licensure of appraisers	7228
from another state. The registration for temporary recognition of	7229
certified or licensed appraisers from another state shall not	7230
authorize completion of more than one appraisal assignment in this	7231
state. The board shall not issue more than two registrations for	7232
temporary practice to any one applicant in any calendar year.	7233

(3) In addition to any other information required to be	7234
submitted with the nonresident applicant's or appraiser's	7235
application for a certificate, registration, license, or temporary	7236
recognition of a certificate or license, each nonresident	7237
applicant or appraiser shall submit a statement consenting to the	7238
service of process upon the nonresident applicant or appraiser by	7239
means of delivering that process to the secretary of state if, in	7240
an action against the applicant, certificate holder, registrant,	7241
or licensee arising from the applicant's, certificate holder's,	7242
registrant's, or licensee's activities as a certificate holder,	7243
registrant, or licensee, the plaintiff, in the exercise of due	7244
diligence, cannot effect personal service upon the applicant,	7245
certificate holder, registrant, or licensee.	7246

(F) The superintendent shall not issue a certificate,	7247
registration, or license to, or recognize on a temporary basis an	7248
appraiser from another state that is a corporation, partnership,	7249
or association. This prohibition shall not be construed to prevent	7250
a certificate holder or licensee from signing an appraisal report	7251
on behalf of a corporation, partnership, or association.	7252

(G) Every person licensed, registered, or certified under	7253
this chapter shall notify the superintendent, on a form provided	7254
by the superintendent, of a change in the address of the	7255
licensee's, registrant's, or certificate holder's principal place	7256
of business or residence within thirty days of the change. If a	7257
licensee's, registrant's, or certificate holder's license,	7258
registration, or certificate is revoked or not renewed, the	7259
licensee, registrant, or certificate holder immediately shall	7260
return the annual and any renewal certificate, registration, or	7261
license to the superintendent.	7262

(H)(1) The superintendent shall not issue a certificate,	7263
registration, or license to any person, or recognize on a	7264
temporary basis an appraiser from another state, who does not meet	7265
applicable minimum criteria for state certification, registration,	7266
or licensure prescribed by federal law or rule.	7267

(2) The superintendent shall not issue a general real estate	7268
appraiser certificate, residential real estate appraiser	7269
certificate, residential real estate appraiser license, or real	7270
estate appraiser assistant registration to any person who has been	7271
convicted of or pleaded guilty to any criminal offense involving	7272
theft, receiving stolen property, embezzlement, forgery, fraud,	7273
passing bad checks, money laundering, or drug trafficking, or any	7274
criminal offense involving money or securities, including a	7275
violation of an existing or former law of this state, any other	7276
state, or the United States that substantially is equivalent to	7277
such an offense. However, if the applicant has pleaded guilty to	7278
or been convicted of such an offense, the superintendent shall not	7279
consider the offense if the applicant has proven to the	7280
superintendent, by a preponderance of the evidence, that the	7281
applicant's activities and employment record since the conviction	7282
show that the applicant is honest, truthful, and of good	7283
reputation, and there is no basis in fact for believing that the	7284
applicant will commit such an offense again.	7285

Sec. 4763.06.  (A) A person licensed, registered, or	7286
certified under this chapter may obtain a renewal certificate,	7287
registration, or license by filing a renewal application with and	7288
paying the renewal fee set forth in section 4763.09 of the Revised	7289
Code and any amount assessed pursuant to division (A)(2) of	7290
section 4763.05 of the Revised Code to the superintendent of real	7291
estate. The renewal application shall include a statement, signed	7292
by the certificate holder, registrant, or licensee, that the	7293
certificate holder, registrant, or licensee has not, during the	7294
immediately preceding twelve-month period, been convicted of or	7295
pleaded guilty to any criminal offense described in division	7296
(H)(2) of section 4763.05 of the Revised Code. The certificate	7297
holder, registrant, or licensee shall file the renewal application	7298
at least thirty days, but no earlier than one hundred twenty days,	7299
prior to expiration of the certificate holder's, registrant's, or	7300
licensee's current certificate, registration, or license. A	7301
certificate holder or licensee who applies for a renewal	7302
certificate or license who, pursuant to division (C)(2) of section	7303
4763.05 of the Revised Code, was exempted from the educational	7304
requirements of division (C)(1) of that section during the term of	7305
the initial certificate or license, as a condition of renewal,	7306
also shall present satisfactory evidence of having completed the	7307
appropriate educational requirements of either division (C)(1)(a)	7308
or (b) of that section since the effective date of the initial	7309
certificate or license.	7310

(B) A certificate holder, registrant, or licensee who fails	7311
to renew a certificate, registration, or license prior to its	7312
expiration is ineligible to obtain a renewal certificate,	7313
registration, or license and shall comply with section 4763.05 of	7314
the Revised Code in order to regain certification or licensure,	7315
except that a certificate holder, registrant, or licensee may,	7316
within three months after the expiration of the certificate	7317
holder's, registrant's, or licensee's certificate, registration,	7318
or license, renew the certificate, registration, or license	7319
without having to comply with section 4763.05 of the Revised Code	7320
by payment of all fees for renewal and payment of the late filing	7321
fee set forth in section 4763.09 of the Revised Code. A	7322
certificate holder, registrant, or licensee who applies for late	7323
renewal of the certificate holder's, registrant's, or licensee's	7324
certificate, registration, or license may engage in all activities	7325
permitted by the certification, registration, or license being	7326
renewed for the three-month period following the certificate's,	7327
registration's, or license's normal expiration date.	7328

Sec. 4919.76. The public utilities commission of Ohio shall	7329
adopt rules applicable to motor carrier registration under the	7330
single state insurance registration program. The rules shall be	7331
consistent with and equivalent in scope, coverage, and content to	7332
the registration rules specified by the federal motor carrier	7333
safety administration or interstate commerce commission in	7334
accordance with the "Intermodal Surface Transportation Efficiency	7335
Act of 1991," 105 Stat. 2146, 49 U.S.C.A. 11506, whichever is	7336
applicable.	7337

Sec. 5107.12.  An assistance group seeking to participate in	7338
the Ohio works first program shall apply to a county department of	7339
job and family services using an application containing	7340
information the director of job and family services requires	7341
pursuant to rules adopted under section 5107.05 of the Revised	7342
Code and any additional information the county department	7343
requires. If cash assistance under the program is to be paid by	7344
the auditordirector of statebudget and management through the	7345
medium of direct deposit as provided by section 329.03 of the	7346
Revised Code, the application shall be accompanied by information	7347
the auditordirector needs to make direct deposits.	7348

When a county department receives an application for	7349
participation in Ohio works first, it shall promptly make an	7350
investigation and record of the circumstances of the applicant in	7351
order to ascertain the facts surrounding the application and to	7352
obtain such other information as may be required. Upon the	7353
completion of the investigation, the county department shall	7354
determine whether the applicant is eligible to participate, the	7355
amount of cash assistance the applicant should receive, and the	7356
approximate date when participation shall begin. The amount of	7357
cash assistance so determined shall be certified to the department	7358
of job and family services in such form as the department shall	7359
prescribe. Warrants, direct deposits, or debit cards shall be	7360
delivered or made payable in the manner the department may	7361
prescribe.	7362

To the extent required by rules adopted under section 5107.05	7363
of the Revised Code, a participant of Ohio works first shall	7364
notify the county department immediately upon the receipt or	7365
possession of additional income not previously reported to the	7366
county department. Any failure to so notify a county department	7367
shall be regarded as prima-facie evidence of an intent to defraud.	7368

Sec. 5111.88.  (A) As used in sections 5111.88 to 5111.8817	7369
of the Revised Code:	7370

"Administrative agency" means the department of job and	7371
family services or, if the department assigns the day-to-day	7372
administration of the ICF/MR conversion pilot program to the	7373
department of mental retardation and developmental disabilities	7374
pursuant to section 5111.887 of the Revised Code, the department	7375
of mental retardation and developmental disabilities.	7376

"ICF/MR conversion pilot program" means the medicaid waiver	7377
component authorized by a waiver sought under division (B)(1) of	7378
this section.	7379

"ICF/MR services" means intermediate care facility for the	7380
mentally retarded services covered by the medicaid program that an	7381
intermediate care facility for the mentally retarded provides to a	7382
resident of the facility who is a medicaid recipient eligible for	7383
medicaid-covered intermediate care facility for the mentally	7384
retarded services.	7385

"Intermediate care facility for the mentally retarded" has	7386
the same meaning as in section 5111.20 of the Revised Code.	7387

"Medicaid waiver component" has the same meaning as in	7388
section 5111.85 of the Revised Code.	7389

(B) By July 1, 2006, or as soon thereafter as practical, but	7390
notNot later than January 1June 30, 2007, the director of job	7391
and family services shall, after consulting with and receiving	7392
input from the ICF/MR conversion advisory council, submit both of	7393
the following to the United States secretary of health and human	7394
services:	7395

(1) An application for a waiver authorizing the ICF/MR	7396
conversion pilot program under which intermediate care facilities	7397
for the mentally retarded, other than such facilities operated by	7398
the department of mental retardation and developmental	7399
disabilities, may volunteer to convert in whole or in part from	7400
providing intermediate care facility for the mentally retarded	7401
services to providing home and community-based services and	7402
individuals with mental retardation or a developmental disability	7403
who are eligible for ICF/MR services may volunteer to receive	7404
instead home and community-based services;	7405

(2) An amendment to the state medicaid plan to authorize the	7406
director, beginning on the first day that the ICF/MR conversion	7407
pilot program begins implementation under section 5111.882 of the	7408
Revised Code and except as provided by section 5111.8811 of the	7409
Revised Code, to refuse to enter into or amend a medicaid provider	7410
agreement with the operator of an intermediate care facility for	7411
the mentally retarded if the provider agreement or amendment would	7412
authorize the operator to receive medicaid payments for more	7413
intermediate care facility for the mentally retarded beds than the	7414
operator receives on the day before that day.	7415

(C) The director shall notify the governor, speaker and	7416
minority leader of the house of representatives, and president and	7417
minority leader of the senate when the director submits the	7418
application for the ICF/MR conversion pilot program under division	7419
(B)(1) of this section and the amendment to the state medicaid	7420
plan under division (B)(2) of this section. The director is not	7421
required to submit the application and the amendment at the same	7422
time.	7423

Sec. 5115.06.  Assistance under the disability financial	7424
assistance program may be given by warrant, direct deposit, or, if	7425
provided by the director of job and family services pursuant to	7426
section 5101.33 of the Revised Code, by electronic benefit	7427
transfer. It shall be inalienable whether by way of assignment,	7428
charge, or otherwise, and is exempt from attachment, garnishment,	7429
or other like process.	7430

Any direct deposit shall be made to a financial institution	7431
and account designated by the recipient. If disability financial	7432
assistance is to be paid by the auditordirector of statebudget	7433
and management through direct deposit, the application for	7434
assistance shall be accompanied by information the auditor	7435
director needs to make direct deposits.	7436

The director of job and family services may adopt rules for	7437
designation of financial institutions and accounts.	7438

No financial institution shall impose any charge for direct	7439
deposit of disability financial assistance payments that it does	7440
not charge all customers for similar services.	7441

Sec. 5119.071. AnyAn appointing officerauthority may	7442
appoint a person holdingwho holds a certified position in the	7443
classified service ofwithin the department of mental health to	7444
anya position in the unclassified service ofwithin the	7445
department. A person so appointed pursuant to this section to a	7446
position in the unclassified service shall retain the right to	7447
resume the position and status held by himthe person in the	7448
classified service immediately prior to histhe person's	7449
appointment. If the position the person previously held has been	7450
placed in the unclassified service under this section, he shall be	7451
appointed to a position in the classified service that the	7452
director of administrative services certifies is comparable in	7453
compensation to the position the person previously held.	7454
Reinstatementto the position in the unclassified service,	7455
regardless of the number of positions the person held in the	7456
unclassified service. An employee's right to resume a position in	7457
the classified service may only be exercised when an appointing	7458
authority demotes the employee to a pay range lower than the	7459
employee's current pay range or revokes the employee's appointment	7460
to the unclassified service. An employee forfeits the right to	7461
resume a position in the classified service when the employee is	7462
removed from the position in the unclassified service due to	7463
incompetence, inefficiency, dishonesty, drunkenness, immoral	7464
conduct, insubordination, discourteous treatment of the public,	7465
neglect of duty, violation of this chapter or Chapter 124. of the	7466
Revised Code, violation of the rules of the director of	7467
administrative services or the director of mental health, any	7468
other failure of good behavior, any other acts of misfeasance,	7469
malfeasance, or nonfeasance in office, or conviction of a felony.	7470
An employee also forfeits the right to resume a position in the	7471
classified service upon transfer to a different agency.	7472

Reinstatement to a position in the classified service shall	7473
be to a position substantially equal to that position in the	7474
classified service held previously, as certified by the director	7475
of administrative services. If the position the person previously	7476
held in the classified service has been placed in the unclassified	7477
service or is otherwise unavailable, the person shall be appointed	7478
to a position in the classified service within the department that	7479
the director of administrative services certifies is comparable in	7480
compensation to the position the person previously held in the	7481
classified service. Service in the position in the unclassified	7482
service shall be counted as service in the position in the	7483
classified service held by the person immediately prior to histhe	7484
person's appointment to the position in the unclassified service.	7485
When a person is reinstated to a position in the classified	7486
service as provided in this section, hethe person is entitled to	7487
all rights, status, and emolumentsbenefits accruing to the	7488
position in the classified service during the person's time of his	7489
service in the position in the unclassified service.	7490

Sec. 5120.03.  (A) TheSubject to division (C) of this	7491
section, the director of rehabilitation and correction, by	7492
executive order and with the approval of the governor, may change	7493
the purpose for which any institution or place under the control	7494
of the department of rehabilitation and correction, is being used.	7495
The director may designate a new or another use for such	7496
institution, if the change of use and new designation has for its	7497
objective, improvement in the classification, segregation, care,	7498
education, cure, or rehabilitation of persons subject to the	7499
control of the department.	7500

(B) The director of rehabilitation and correction, by	7501
executive order, issued on or before December 31, 1988, shall	7502
eliminate the distinction between penal institutions and	7503
reformatory institutions. Notwithstanding any provision of the	7504
Revised Code or the Administrative Code to the contrary, upon the	7505
issuance of the executive order, any distinction made between the	7506
types of prisoners sentenced to or otherwise assigned to the	7507
institutions under the control of the department shall be	7508
discontinued.	7509

(C) The director mayshall contract under section 9.06 of the	7510
Revised Code for the private operation and management of a	7511
facilitynot less than two facilities under the control of the	7512
department, unless the contractor managing and operating a	7513
facility is not in substantial compliance with the material terms	7514
and conditions of its contract and no other person or entity is	7515
willing and able to satisfy the obligations of the contract. All	7516
inmates assigned to a facility operated and managed by a private	7517
contractor remain inmates in the care and custody of the	7518
department. The statutes, rules, and policies of the department	7519
may apply to the private contractor and any inmate assigned to a	7520
facility operated and managed by a private contractor as agreed to	7521
in the contract entered into under section 9.06 of the Revised	7522
Code.	7523

Sec. 5123.08. AnyAn appointing officer may appoint a person	7524
holdingwho holds a certified position in the classified service	7525
ofwithin the department of mental retardation and developmental	7526
disabilities to anya position in the unclassified service of	7527
within the department. A person so appointed pursuant to this	7528
section to a position in the unclassified service shall retain the	7529
right to resume the position and status held by himthe person in	7530
the classified service immediately prior to histhe person's	7531
appointment. If the position the person previously held has been	7532
placed in the unclassified service under this section, he shall be	7533
appointed to a position in the classified service that the	7534
director of administrative services certifies is comparable in	7535
compensation to the position the person previously held.	7536
Reinstatementto the position in the unclassified service,	7537
regardless of the number of positions the person held in the	7538
unclassified service. An employee's right to resume a position in	7539
the classified service may only be exercised when an appointing	7540
authority demotes the employee to a pay range lower than the	7541
employee's current pay range or revokes the employee's appointment	7542
to the unclassified service. An employee forfeits the right to	7543
resume a position in the classified service when the employee is	7544
removed from the position in the unclassified service due to	7545
incompetence, inefficiency, dishonesty, drunkenness, immoral	7546
conduct, insubordination, discourteous treatment of the public,	7547
neglect of duty, violation of this chapter or Chapter 124. of the	7548
Revised Code, the rules of the director of mental retardation and	7549
developmental disabilities or the director of administrative	7550
services, any other failure of good behavior, any other acts of	7551
misfeasance, malfeasance, or nonfeasance in office, or conviction	7552
of a felony. An employee also forfeits the right to resume a	7553
position in the classified service upon transfer to a different	7554
agency.	7555

Reinstatement to a position in the classified service shall	7556
be to a position substantially equal to that position in the	7557
classified service held previously, as certified by the director	7558
of administrative services. If the position the person previously	7559
held in the classified service has been placed in the unclassified	7560
service or is otherwise unavailable, the person shall be appointed	7561
to a position in the classified service within the department that	7562
the director of administrative services certifies is comparable in	7563
compensation to the position the person previously held in the	7564
classified service. Service in the position in the unclassified	7565
service shall be counted as service in the position in the	7566
classified service held by the person immediately prior to histhe	7567
person's appointment to the position in the unclassified service.	7568
When a person is reinstated to a position in the classified	7569
service as provided in this section, hethe person is entitled to	7570
all rights, status, and emolumentsbenefits accruing to the	7571
position in the classified service during the time of histhe	7572
person's service in the position in the unclassified service.	7573

Sec. 5139.02.  (A)(1) As used in this section, "managing	7574
officer" means the assistant director, a deputy director, an	7575
assistant deputy director, a superintendent, a regional	7576
administrator, a deputy superintendent, or the superintendent of	7577
schools of the department of youth services, a member of the	7578
release authority, the chief of staff to the release authority,	7579
and the victims administrator of the office of victim services.	7580

(2) Each division established by the director of youth	7581
services shall consist of managing officers and other employees,	7582
including those employed in institutions and regions as necessary	7583
to perform the functions assigned to them. The director,	7584
assistant director, or appropriate deputy director or managing	7585
officer of the department shall supervise the work of each	7586
division and determine general policies governing the exercise of	7587
powers vested in the department and assigned to each division. The	7588
appropriate managing officer or deputy director is responsible to	7589
the director or assistant director for the organization,	7590
direction, and supervision of the work of the division or unit and	7591
for the exercise of the powers and the performance of the duties	7592
of the department assigned to it and, with the director's	7593
approval, may establish bureaus or other administrative units	7594
within the department.	7595

(B) The director shall appoint all managing officers, who	7596
shall be in the unclassified civil service. If theThe director	7597
appoints amay appoint a person who holds a certified position in	7598
the classified service within the department to a position as a	7599
managing officer within the department. A person appointed	7600
pursuant to this division to a position as a managing officer from	7601
within the classified service of the department, the person so	7602
appointed retainsshall retain the right to resume the position	7603
and status held by the person in the classified service	7604
immediately prior to the person's appointment as managing officer.	7605
If such a person is removed from the position as managing officer,	7606
the person shall be reinstated, regardless of the number of	7607
positions the person held in the unclassified service. A managing	7608
officer's right to resume a position in the classified service may	7609
only be exercised when the director demotes the managing officer	7610
to a pay range lower than the managing officer's current pay range	7611
or revokes the managing officer's appointment to the position of	7612
managing officer. A managing officer forfeits the right to resume	7613
a position in the classified service when the managing officer is	7614
removed from the position of managing officer due to incompetence,	7615
inefficiency, dishonesty, drunkenness, immoral conduct,	7616
insubordination, discourteous treatment of the public, neglect of	7617
duty, violation of this chapter or Chapter 124. of the Revised	7618
Code, the rules of the director of youth services or the director	7619
of administrative services, any other failure of good behavior,	7620
any other acts of misfeasance, malfeasance, or nonfeasance in	7621
office, or conviction of a felony. A managing officer also	7622
forfeits the right to resume a position in the classified service	7623
upon transfer to a different agency.	7624

Reinstatement to a position in the classified service shall	7625
be to the position held in the classified service immediately	7626
prior to appointment as managing officer, or to another position	7627
certified by the director, with the approval of the department of	7628
administrative services, as being substantially equal to that	7629
position. Any person holding the position of managing officer on	7630
the effective date of this section is entitled to resume the	7631
position and status held in the classified service of the	7632
department of youth services immediately prior to appointment as a	7633
managing officerIf the position the person previously held in the	7634
classified service immediately prior to appointment as a managing	7635
officer has been placed in the unclassified service or is	7636
otherwise unavailable, the person shall be appointed to a position	7637
in the classified service within the department that the director	7638
of administrative services certifies is comparable in compensation	7639
to the position the person previously held in the classified	7640
service. Service as a managing officer shall be counted as service	7641
in the position in the classified service held by the reinstated	7642
person held immediately prior to the person's appointment as a	7643
managing officer. If a person is reinstated to a position in the	7644
classified service under this division, the person shall be	7645
returned to the pay range and step to which the person had been	7646
assigned at the time of the appointment as managing officer.	7647
Longevity, where applicable, shall be calculated pursuant to the	7648
provisions of section 124.181 of the Revised Code.	7649

(C) Each person appointed as a managing officer shall have	7650
received special training and shall have experience in the type of	7651
work that the person's division is required to perform. Each	7652
managing officer, under the supervision of the director, has	7653
entire charge of the division, institution, unit, or region for	7654
which the managing officer is appointed and, with the director's	7655
approval, shall appoint necessary employees and may remove them	7656
for cause.	7657

Sec. 5502.62.  (A) There is hereby created in the department	7658
of public safety a division of criminal justice services. The	7659
director of public safety, with the concurrence of the governor,	7660
shall appoint an executive director of the division of criminal	7661
justice services. The executive director shall be the head of the	7662
division. The executive director shall serve at the pleasure of	7663
the director of public safety. To carry out the duties assigned	7664
under this section and to comply with sections 5502.63 to 5502.66	7665
of the Revised Code, the executive director, subject to the	7666
direction and control of the director of public safety, may	7667
appoint and maintain any necessary staff and may enter into any	7668
necessary contracts and other agreements. The executive director	7669
of the division, and all professional and technical personnel	7670
employed within the division who are not public employees as	7671
defined in section 4117.01 of the Revised Code, shall be in the	7672
unclassified civil service, and all other persons employed within	7673
the division shall be in the classified civil service.	7674

(B) Subject to division (F) of this section and subject to	7675
divisions (D) to (F) of section 5120.09 of the Revised Code	7676
insofar as those divisions relate to federal criminal justice acts	7677
that the governor requires the department of rehabilitation and	7678
correction to administer, the division of criminal justice	7679
services shall do all of the following:	7680

(1) Serve as the state criminal justice services agency and	7681
perform criminal justice system planning in the state, including	7682
any planning that is required by any federal law;	7683

(2) Collect, analyze, and correlate information and data	7684
concerning the criminal justice system in the state;	7685

(3) Cooperate with and provide technical assistance to state	7686
departments, administrative planning districts, metropolitan	7687
county criminal justice services agencies, criminal justice	7688
coordinating councils, agencies, offices, and departments of the	7689
criminal justice system in the state, and other appropriate	7690
organizations and persons;	7691

(4) Encourage and assist agencies, offices, and departments	7692
of the criminal justice system in the state and other appropriate	7693
organizations and persons to solve problems that relate to the	7694
duties of the division;	7695

(5) Administer within the state any federal criminal justice	7696
acts that the governor requires it to administer;	7697

(6) Administer funds received under the "Family Violence	7698
Prevention and Services Act," 98 Stat. 1757 (1984), 42 U.S.C.A.	7699
10401, as amended, with all powers necessary for the adequate	7700
administration of those funds, including the authority to	7701
establish a family violence prevention and services program.;	7702

(7) Implement the state comprehensive plans;

7703

(8) Audit grant activities of agencies, offices,	7704
organizations, and persons that are financed in whole or in part	7705
by funds granted through the division;	7706

(9) Monitor or evaluate the performance of criminal justice	7707
system projects and programs in the state that are financed in	7708
whole or in part by funds granted through the division;	7709

(10) Apply for, allocate, disburse, and account for grants	7710
that are made available pursuant to federal criminal justice acts,	7711
or made available from other federal, state, or private sources,	7712
to improve the criminal justice system in the state. Except as	7713
otherwise provided in this division, all money from such federal	7714
grants shall, if the terms under which the money is received	7715
require that the money be deposited into an interest-bearing fund	7716
or account, be deposited in the state treasury to the credit of	7717
the federal program purposes fund, which is hereby created. All	7718
investment earnings of the federal program purposes fund shall be	7719
credited to the fund. All money from such federal grants that	7720
require that the money be deposited into an interest-bearing fund	7721
or account, that are intended to provide funding to local criminal	7722
justice programs, and that require that investment earnings be	7723
distributed for program purposes shall be deposited in the state	7724
treasury to the credit of the federal justice programs fundfunds,	7725
which isare hereby created. A separate fund shall be established	7726
each federal fiscal year. All investment earnings of thea federal	7727
justice programs fund shall be credited to thethat fund and	7728
distributed in accordance with the terms of the grant under which	7729
the money is received.	7730

(11) Contract with federal, state, and local agencies,	7731
foundations, corporations, businesses, and persons when necessary	7732
to carry out the duties of the division;	7733

(12) Oversee the activities of metropolitan county criminal	7734
justice services agencies, administrative planning districts, and	7735
criminal justice coordinating councils in the state;	7736

(13) Advise the director of public safety, general assembly,	7737
and governor on legislation and other significant matters that	7738
pertain to the improvement and reform of criminal and juvenile	7739
justice systems in the state;	7740

(14) Prepare and recommend legislation to the director of	7741
public safety, general assembly, and governor for the improvement	7742
of the criminal and juvenile justice systems in the state;	7743

(15) Assist, advise, and make any reports that are requested	7744
or required by the governor, director of public safety, attorney	7745
general, or general assembly;	7746

(16) Develop and maintain the Ohio incident-based reporting	7747
system in accordance with division (C) of this section;	7748

(17) Subject to the approval of the director of public	7749
safety, adopt rules pursuant to Chapter 119. of the Revised Code.	7750

(C) The officedivision of criminal justice services shall	7751
develop and maintain the Ohio incident-based reporting system to	7752
facilitate the sharing of information with the federal bureau of	7753
investigation and participating law enforcement agencies in Ohio.	7754
The Ohio incident-based reporting system shall be known as OIBRS.	7755
In connection with OIBRS, the officedivision shall do all of the	7756
following:	7757

(1) Collect and organize statistical data for reporting to	7758
the national incident-based reporting system operated by the	7759
federal bureau of investigation for the purpose of securing	7760
federal criminal justice grants;	7761

(2) Analyze and highlight mapping data for participating law	7762
enforcement agencies;	7763

(3) Distribute data and analyses to participating law	7764
enforcement agencies;	7765

(4) Encourage nonparticipating law enforcement agencies to	7766
participate in OIBRS by offering demonstrations, training, and	7767
technical assistance;	7768

(5) Provide assistance, advice, and reports requested by the	7769
governor, the general assembly, or the federal bureau of	7770
investigation;	7771

(6) Require every law enforcement agency that receives	7772
federal criminal justice grants or state criminal justice	7773
information system general revenue funds through the office to	7774
participate in OIBRS or in the uniform crime reporting program of	7775
the federal bureau of investigation. An agency that submits OIBRS	7776
data to the Ohio local law enforcement information sharing network	7777
shall be considered to be in compliance with division (C)(6) of	7778
this section if both of the following apply:	7779

(a) The Ohio local law enforcement information sharing	7780
network is capable of collecting OIBRS data.	7781

(b) The officedivision of criminal justice services has the	7782
ability to extract the OIBRS data for reporting to the national	7783
incident-based reporting system in the manner required by the	7784
federal bureau of investigation.	7785

(D) Upon the request of the director of public safety or	7786
governor, the division of criminal justice services may do any of	7787
the following:	7788

(1) Collect, analyze, or correlate information and data	7789
concerning the juvenile justice system in the state;	7790

(2) Cooperate with and provide technical assistance to state	7791
departments, administrative planning districts, metropolitan	7792
county criminal justice service agencies, criminal justice	7793
coordinating councils, agency offices, and the departments of the	7794
juvenile justice system in the state and other appropriate	7795
organizations and persons;	7796

(3) Encourage and assist agencies, offices, and departments	7797
of the juvenile justice system in the state and other appropriate	7798
organizations and persons to solve problems that relate to the	7799
duties of the division.	7800

(E) Divisions (B), (C), and (D) of this section do not limit	7801
the discretion or authority of the attorney general with respect	7802
to crime victim assistance and criminal justice programs.	7803

(F) Nothing in this section is intended to diminish or alter	7804
the status of the office of the attorney general as a criminal	7805
justice services agency or to diminish or alter the status or	7806
discourage the development and use of other law enforcement	7807
information systems in Ohio.	7808

Sec. 5537.01.  As used in this chapter:

7809

(A) "Commission" means the Ohio turnpike commission created	7810
by section 5537.02 of the Revised Code or, if that commission is	7811
abolished, the board, body, officer, or commission succeeding to	7812
the principal functions thereof or to which the powers given by	7813
this chapter to the commission are given by law.	7814

(B) "Project" or "turnpike project" means any express or	7815
limited access highway, super highway, or motorway constructed,	7816
operated, or improved, under the jurisdiction of the commission	7817
and pursuant to this chapter, at a location or locations reviewed	7818
by the turnpike oversightlegislative review committee and	7819
approved by the governor, including all bridges, tunnels,	7820
overpasses, underpasses, interchanges, entrance plazas,	7821
approaches, those portions of connecting public roads that serve	7822
interchanges and are determined by the commission and the director	7823
of transportation to be necessary for the safe merging of traffic	7824
between the turnpike project and those public roads, toll booths,	7825
service facilities, and administration, storage, and other	7826
buildings, property, and facilities that the commission considers	7827
necessary for the operation or policing of the project, together	7828
with all property and rights which may be acquired by the	7829
commission for the construction, maintenance, or operation of the	7830
project, and includes any sections or extensions of a turnpike	7831
project designated by the commission as such for the particular	7832
purpose. Each turnpike project shall be separately designated, by	7833
name or number, and may be constructed, improved, or extended in	7834
such sections as the commission may from time to time determine.	7835
Construction includes the improvement and renovation of a	7836
previously constructed project, including additional interchanges,	7837
whether or not the project was initially constructed by the	7838
commission.	7839

(C) "Cost," as applied to construction of a turnpike project,	7840
includes the cost of construction, including bridges over or under	7841
existing highways and railroads, acquisition of all property	7842
acquired by the commission for the construction, demolishing or	7843
removing any buildings or structures on land so acquired,	7844
including the cost of acquiring any lands to which the buildings	7845
or structures may be moved, site clearance, improvement, and	7846
preparation, diverting public roads, interchanges with public	7847
roads, access roads to private property, including the cost of	7848
land or easements therefor, all machinery, furnishings, and	7849
equipment, communications facilities, financing expenses, interest	7850
prior to and during construction and for one year after completion	7851
of construction, traffic estimates, indemnity and surety bonds and	7852
premiums on insurance, title work and title commitments,	7853
insurance, and guarantees, engineering, feasibility studies, and	7854
legal expenses, plans, specifications, surveys, estimates of cost	7855
and revenues, other expenses necessary or incident to determining	7856
the feasibility or practicability of constructing or operating a	7857
project, administrative expenses, and any other expense that may	7858
be necessary or incident to the construction of the project, the	7859
financing of the construction, and the placing of the project in	7860
operation. Any obligation or expense incurred by the department of	7861
transportation with the approval of the commission for surveys,	7862
borings, preparation of plans and specifications, and other	7863
engineering services in connection with the construction of a	7864
project, or by the federal government with the approval of the	7865
commission for any public road projects which must be reimbursed	7866
as a condition to the exercise of any of the powers of the	7867
commission under this chapter, shall be regarded as a part of the	7868
cost of the project and shall be reimbursed to the state or the	7869
federal government, as the case may be, from revenues, state	7870
taxes, or the proceeds of bonds as authorized by this chapter.	7871

(D) "Owner" includes all persons having any title or interest	7872
in any property authorized to be acquired by the commission under	7873
this chapter.	7874

(E) "Revenues" means all tolls, service revenues, investment	7875
income on special funds, rentals, gifts, grants, and all other	7876
moneys coming into the possession of or under the control of the	7877
commission by virtue of this chapter, except the proceeds from the	7878
sale of bonds. "Revenues" does not include state taxes.	7879

(F) "Public roads" means all public highways, roads, and	7880
streets in the state, whether maintained by a state agency or any	7881
other governmental agency.	7882

(G) "Public utility facilities" means tracks, pipes, mains,	7883
conduits, cables, wires, towers, poles, and other equipment and	7884
appliances of any public utility.	7885

(H) "Financing expenses" means all costs and expenses	7886
relating to the authorization, issuance, sale, delivery,	7887
authentication, deposit, custody, clearing, registration,	7888
transfer, exchange, fractionalization, replacement, payment, and	7889
servicing of bonds including, without limitation, costs and	7890
expenses for or relating to publication and printing, postage,	7891
delivery, preliminary and final official statements, offering	7892
circulars, and informational statements, travel and	7893
transportation, underwriters, placement agents, investment	7894
bankers, paying agents, registrars, authenticating agents,	7895
remarketing agents, custodians, clearing agencies or corporations,	7896
securities depositories, financial advisory services,	7897
certifications, audits, federal or state regulatory agencies,	7898
accounting and computation services, legal services and obtaining	7899
approving legal opinions and other legal opinions, credit ratings,	7900
redemption premiums, and credit enhancement facilities.	7901

(I) "Bond proceedings" means the resolutions, trust	7902
agreements, certifications, notices, sale proceedings, leases,	7903
lease-purchase agreements, assignments, credit enhancement	7904
facility agreements, and other agreements, instruments, and	7905
documents, as amended and supplemented, or any one or more or any	7906
combination thereof, authorizing, or authorizing or providing for	7907
the terms and conditions applicable to, or providing for the	7908
security or sale or award or liquidity of, bonds, and includes the	7909
provisions set forth or incorporated in those bonds and bond	7910
proceedings.	7911

(J) "Bond service charges" means principal, including any	7912
mandatory sinking fund or mandatory redemption requirements for	7913
the retirement of bonds, and interest and any redemption premium	7914
payable on bonds, as those payments come due and are payable to	7915
the bondholder or to a person making payment under a credit	7916
enhancement facility of those bond service charges to a	7917
bondholder.	7918

(K) "Bond service fund" means the applicable fund created by	7919
the bond proceedings for and pledged to the payment of bond	7920
service charges on bonds provided for by those proceedings,	7921
including all moneys and investments, and earnings from	7922
investments, credited and to be credited to that fund as provided	7923
in the bond proceedings.	7924

(L) "Bonds" means bonds, notes, including notes anticipating	7925
bonds or other notes, commercial paper, certificates of	7926
participation, or other evidences of obligation, including any	7927
interest coupons pertaining thereto, issued by the commission	7928
pursuant to this chapter.	7929

(M) "Net revenues" means revenues lawfully available to pay	7930
both current operating expenses of the commission and bond service	7931
charges in any fiscal year or other specified period, less current	7932
operating expenses of the commission and any amount necessary to	7933
maintain a working capital reserve for that period.	7934

(N) "Pledged revenues" means net revenues, moneys and	7935
investments, and earnings on those investments, in the applicable	7936
bond service fund and any other special funds, and the proceeds of	7937
any bonds issued for the purpose of refunding prior bonds, all as	7938
lawfully available and by resolution of the commission committed	7939
for application as pledged revenues to the payment of bond service	7940
charges on particular issues of bonds.	7941

(O) "Service facilities" means service stations, restaurants,	7942
and other facilities for food service, roadside parks and rest	7943
areas, parking, camping, tenting, rest, and sleeping facilities,	7944
hotels or motels, and all similar and other facilities providing	7945
services to the traveling public in connection with the use of a	7946
turnpike project and owned, leased, licensed, or operated by the	7947
commission.	7948

(P) "Service revenues" means those revenues of the commission	7949
derived from its ownership, leasing, licensing, or operation of	7950
service facilities.	7951

(Q) "Special funds" means the applicable bond service fund	7952
and any accounts and subaccounts in that fund, any other funds or	7953
accounts permitted by and established under, and identified as a	7954
"special fund" or "special account" in, the bond proceedings,	7955
including any special fund or account established for purposes of	7956
rebate or other requirements under federal income tax laws.	7957

(R) "State agencies" means the state, officers of the state,	7958
and boards, departments, branches, divisions, or other units or	7959
agencies of the state.	7960

(S) "State taxes" means receipts of the commission from the	7961
proceeds of state taxes or excises levied and collected, or	7962
appropriated by the general assembly to the commission, for the	7963
purposes and functions of the commission. State taxes do not	7964
include tolls, or investment earnings on state taxes except on	7965
those state taxes referred to in Section 5a of Article XII, Ohio	7966
Constitution.	7967

(T) "Tolls" means tolls, special fees or permit fees, or	7968
other charges by the commission to the owners, lessors, lessees,	7969
or operators of motor vehicles for the operation of or the right	7970
to operate those vehicles on a turnpike project.	7971

(U) "Credit enhancement facilities" means letters of credit,	7972
lines of credit, standby, contingent, or firm securities purchase	7973
agreements, insurance, or surety arrangements, guarantees, and	7974
other arrangements that provide for direct or contingent payment	7975
of bond service charges, for security or additional security in	7976
the event of nonpayment or default in respect of bonds, or for	7977
making payment of bond service charges and at the option and on	7978
demand of bondholders or at the option of the commission or upon	7979
certain conditions occurring under put or similar arrangements, or	7980
for otherwise supporting the credit or liquidity of the bonds, and	7981
includes credit, reimbursement, marketing, remarketing, indexing,	7982
carrying, interest rate hedge, and subrogation agreements, and	7983
other agreements and arrangements for payment and reimbursement of	7984
the person providing the credit enhancement facility and the	7985
security for that payment and reimbursement.	7986

(V) "Person" has the same meaning as in section 1.59 of the	7987
Revised Code and, unless the context otherwise provides, also	7988
includes any governmental agency and any combination of those	7989
persons.	7990

(W) "Refund" means to fund and retire outstanding bonds,	7991
including advance refunding with or without payment or redemption	7992
prior to stated maturity.	7993

(X) "Governmental agency" means any state agency, federal	7994
agency, political subdivision, or other local, interstate, or	7995
regional governmental agency, and any combination of those	7996
agencies.	7997

(Y) "Property" has the same meaning as in section 1.59 of the	7998
Revised Code, and includes interests in property.	7999

(Z) "Administrative agent," "agent," "commercial paper,"	8000
"floating rate interest structure," "indexing agent," "interest	8001
rate hedge," "interest rate period," "put arrangement," and	8002
"remarketing agent" have the same meanings as in section 9.98 of	8003
the Revised Code.	8004

(AA) "Outstanding," as applied to bonds, means outstanding in	8005
accordance with the terms of the bonds and the applicable bond	8006
proceedings.	8007

(BB) "Ohio turnpike system" or "system" means all existing	8008
and future turnpike projects constructed, operated, and maintained	8009
under the jurisdiction of the commission.	8010

Sec. 5537.02.  (A) There is hereby created a commission to be	8011
known as the "Ohio turnpike commission." The commission is a body	8012
both corporate and politic, constituting an instrumentality of the	8013
state, and the exercise by it of the powers conferred by this	8014
chapter in the construction, operation, and maintenance of the	8015
Ohio turnpike system are and shall be held to be essential	8016
governmental functions of the state, but the commission shall not	8017
be immune from liability by reason thereof. The commission is	8018
subject to all provisions of law generally applicable to state	8019
agencies which do not conflict with this chapter.	8020

(B)(1) The commission shall consist of sevennine members as	8021
follows:	8022

(a) Four members appointed by the governor with the advice	8023
and consent of the senate, no more than two of whom shall be	8024
members of the same political party;	8025

(b) The director of transportation who, the director of	8026
budget and management, and the director of development, each of	8027
whom shall be a member ex officio without compensation;	8028

(c) One member of the senate, appointed by the president of	8029
the senate, who shall represent either a district in which is	8030
located or through which passes a portion of a turnpike project	8031
that is part of the Ohio turnpike system or a district located in	8032
the vicinity of a turnpike project that is part of the Ohio	8033
turnpike system;	8034

(d) One member of the house of representatives, appointed by	8035
the speaker of the house of representatives, who shall represent	8036
either a district in which is located or through which passes a	8037
portion of a turnpike project that is part of the Ohio turnpike	8038
system or a district located in the vicinity of a turnpike project	8039
that is part of the Ohio turnpike system.	8040

(2) The members appointed by the governor shall be residents	8041
of the state, shall have been qualified electors therein for a	8042
period of at least five years next preceding their appointment,	8043
and shall serve terms of eight years commencing on the first day	8044
of July and ending on the thirtieth day of June. Those members	8045
appointed by the president of the senate or the speaker of the	8046
house of representatives shall serve a term of the remainder of	8047
the general assembly during which the senator or representative is	8048
appointed. Each appointed member shall hold office from the date	8049
of appointment until the end of the term for which the member was	8050
appointed. If a commission member dies or resigns, or if a	8051
senator,or representative, or the director of transportation who	8052
is a member of the commission ceases to be a senator,or	8053
representative, or the director of transportationif an ex officio	8054
member ceases to hold the applicable office, the vacancy shall be	8055
filled in the same manner as provided in division (B)(1) of this	8056
section. Any member who fills a vacancy occurring prior to the end	8057
of the term for which the member's predecessor was appointed	8058
shall, if appointed by the governor, hold office for the remainder	8059
of such term or, if appointed by the president of the senate or	8060
the speaker of the house of representatives, shall hold office for	8061
the remainder of the term or for a shorter period of time as	8062
determined by the president or the speaker. Any member appointed	8063
by the governor shall continue in office subsequent to the	8064
expiration date of the member's term until the member's successor	8065
takes office, or until a period of sixty days has elapsed,	8066
whichever occurs first. A member of the commission is eligible for	8067
reappointment. Each member of the commission appointed by the	8068
governor, before entering upon histhe member's duties, shall take	8069
an oath as provided by Section 7 of Article XV, Ohio Constitution.	8070
The governor, the president of the senate, or the speaker of the	8071
house of representatives, may at any time remove their respective	8072
appointees to the commission for misfeasance, nonfeasance, or	8073
malfeasance in office.	8074

(3) A member of the commission who is appointed by the	8075
president of the senate or the speaker of the house of	8076
representatives shall not participate in any vote of the	8077
commission. Serving as an appointed member of the commission under	8078
divisions (B)(1)(c), (1)(d), or (2) of this section does not	8079
constitute grounds for resignation from the senate or the house of	8080
representatives under section 101.26 of the Revised Code.	8081

(C) The voting members of the commission shall elect one of	8082
the appointed voting members as chairperson and another as	8083
vice-chairperson, and shall appoint a secretary-treasurer who need	8084
not be a member of the commission. ThreeFive of the voting	8085
members of the commission constitute a quorum, and the affirmative	8086
vote of threefive voting members is necessary for any action	8087
taken by the commission. No vacancy in the membership of the	8088
commission impairs the rights of a quorum to exercise all the	8089
rights and perform all the duties of the commission.	8090

(D) Each member of the commission appointed by the governor	8091
shall give a surety bond to the commission in the penal sum of	8092
twenty-five thousand dollars and the secretary-treasurer shall	8093
give such a bond in at least the penal sum of fifty thousand	8094
dollars. The commission may require any of its officers or	8095
employees to file surety bonds including a blanket bond as	8096
provided in section 3.06 of the Revised Code. Each such bond shall	8097
be in favor of the commission and shall be conditioned upon the	8098
faithful performance of the duties of the office, executed by a	8099
surety company authorized to transact business in this state,	8100
approved by the governor, and filed in the office of the secretary	8101
of state. The costs of the surety bonds shall be paid or	8102
reimbursed by the commission from revenues. Each member of the	8103
commission appointed by the governor shall receive an annual	8104
salary of five thousand dollars, payable in monthly installments.	8105
Each member shall be reimbursed for the member's actual expenses	8106
necessarily incurred in the performance of the member's duties.	8107
All costs and expenses incurred by the commission in carrying out	8108
this chapter shall be payable solely from revenues and state	8109
taxes, and no liability or obligation shall be incurred by the	8110
commission beyond the extent to which revenues have been provided	8111
for pursuant to this chapter.	8112

Sec. 5537.03.  In order to remove present and anticipated	8113
handicaps and potential hazards on the congested highways in this	8114
state, to facilitate vehicular traffic throughout the state, to	8115
promote the agricultural, commercial, recreational, tourism, and	8116
industrial development of the state, and to provide for the	8117
general welfare by the construction, improvement, and maintenance	8118
of modern express highways embodying safety devices, including	8119
without limitation center divisions, ample shoulder widths,	8120
longsight distances, multiple lanes in each direction, and grade	8121
separations at intersections with other public roads and	8122
railroads, the Ohio turnpike commission, subject to section	8123
5537.26 of the Revised Code, may construct, maintain, repair, and	8124
operate a system of turnpike projects at locations that are	8125
reviewed by the turnpike oversightlegislative review committee	8126
and approved by the governor, and in accordance with alignment and	8127
design standards that are approved by the director of	8128
transportation, and issue revenue bonds of this state, payable	8129
solely from pledged revenues, to pay the cost of those projects.	8130
The turnpikes and turnpike projects authorized by this chapter are	8131
hereby or shall be made part of the Ohio turnpike system.	8132

Sec. 5537.10.  This chapter provides an additional and	8133
alternative method for doing the things and taking the actions	8134
authorized by this chapter. This chapter shall be regarded as	8135
supplemental and additional to powers conferred by other laws, and	8136
shall not be regarded as in derogation of any powers existing on	8137
or after September 1, 1949. TheExcept for section 126.11 of the	8138
Revised Code, the issuance of bonds under this chapter need not	8139
comply with any other law applicable to the issuance of bonds.	8140

Sec. 5537.17.  (A) Each turnpike project open to traffic	8141
shall be maintained and kept in good condition and repair by the	8142
Ohio turnpike commission. The Ohio turnpike system shall be	8143
policed and operated by a force of police, toll collectors, and	8144
other employees and agents that the commission employs or	8145
contracts for.	8146

(B) All public or private property damaged or destroyed in	8147
carrying out the powers granted by this chapter shall be restored	8148
or repaired and placed in its original condition, as nearly as	8149
practicable, or adequate compensation or consideration made	8150
therefor out of moneys provided under this chapter.	8151

(C) All governmental agencies may lease, lend, grant, or	8152
convey to the commission at its request, upon terms that the	8153
proper authorities of the governmental agencies consider	8154
reasonable and fair and without the necessity for an	8155
advertisement, order of court, or other action or formality, other	8156
than the regular and formal action of the authorities concerned,	8157
any property that is necessary or convenient to the effectuation	8158
of the purposes of the commission, including public roads and	8159
other property already devoted to public use.	8160

(D) Each bridge constituting part of a turnpike project shall	8161
be inspected at least once each year by a professional engineer	8162
employed or retained by the commission.	8163

(E) On or before the first day of July in each year, the	8164
commission shall make an annual report of its activities for the	8165
preceding calendar year to the governor and the general assembly.	8166
Each such report shall set forth a complete operating and	8167
financial statement covering the commission's operations during	8168
the year. The commission shall cause an audit of its books and	8169
accounts to be made at least once each year by certified public	8170
accountants, and the cost thereof may be treated as a part of the	8171
cost of operations of the commission. The auditor of state, at	8172
least once a year and without previous notice to the commission,	8173
shall audit the accounts and transactions of the commission.	8174

(F) The commission shall submit a copy of its annual audit by	8175
the auditor of state and its proposed annual budget for each	8176
calendar or fiscal year to the governor, the presiding officers of	8177
each house of the general assembly, the director of budget and	8178
management, and the legislative service commission no later than	8179
the first day of that calendar or fiscal year.	8180

(G) Upon request of the chairperson of the appropriate	8181
standing committee or subcommittee of the senate and house of	8182
representatives that is primarily responsible for considering	8183
transportation budget matters, the commission shall appear at	8184
least one time before each committee or subcommittee during the	8185
period when that committee or subcommittee is considering the	8186
biennial appropriations for the department of transportation and	8187
shall provide testimony outlining its budgetary results for the	8188
last two calendar years, including a comparison of budget and	8189
actual revenue and expenditure amounts. The commission also shall	8190
address its current budget and long-term capital plan.	8191

(H) Not more than sixty nor less than thirty days before	8192
adopting its annual budget, the commission shall submit a copy of	8193
its proposed annual budget to the governor, the presiding officers	8194
of each house of the general assembly, the director of budget and	8195
management, and the legislative service commission. The office of	8196
budget and management shall review the proposed budget and may	8197
provide recommendations to the commission for its consideration.	8198

Sec. 5537.24.  (A) There is hereby created a turnpike	8199
oversightlegislative review committee consisting of six members	8200
as follows:	8201

(1) Three members of the senate, no more than two of whom	8202
shall be members of the same political party, one of whom shall be	8203
the chairperson of the committee dealing primarily with highway	8204
matters, one of whom shall be appointed by the president of the	8205
senate, and one of whom shall be appointed by the minority leader	8206
of the senate.	8207

Both the senate member who is appointed by the president of	8208
the senate and the senate member appointed by the minority leader	8209
of the senate shall represent either districts in which is located	8210
or through which passes a portion of a turnpike project that is	8211
part of the Ohio turnpike system or districts located in the	8212
vicinity of a turnpike project that is part of the Ohio turnpike	8213
system.	8214

The president of the senate shall make the president of the	8215
senate's appointment to the committee first, followed by the	8216
minority leader of the senate, and they shall make their	8217
appointments in such a manner that their two appointees represent	8218
districts that are located in different areas of the state. If the	8219
chairperson of the senate committee dealing primarily with highway	8220
matters represents a district in which is located or through which	8221
passes a portion of a turnpike project that is part of the Ohio	8222
turnpike system or a district located in the vicinity of a	8223
turnpike project that is part of the Ohio turnpike system, the	8224
president of the senate and the minority leader of the senate	8225
shall make their appointments in such a manner that their two	8226
appointees and the chairperson of the senate committee dealing	8227
primarily with highway matters all represent districts that are	8228
located in different areas of the state.	8229

(2) Three members of the house of representatives, no more	8230
than two of whom shall be members of the same political party, one	8231
of whom shall be the chairperson of the house of representatives	8232
committee dealing primarily with highway matters, one of whom	8233
shall be appointed by the speaker of the house of representatives,	8234
and one of whom shall be appointed by the minority leader of the	8235
house of representatives.	8236

Both the house of representatives member who is appointed by	8237
the speaker of the house of representatives and the house of	8238
representatives member appointed by the minority leader of the	8239
house of representatives shall represent either districts in which	8240
is located or through which passes a portion of a turnpike project	8241
that is part of the Ohio turnpike system or districts located in	8242
the vicinity of a turnpike project that is part of the Ohio	8243
turnpike system.	8244

The speaker of the house of representatives shall make the	8245
speaker of the house of representative's appointment to the	8246
committee first, followed by the minority leader of the house of	8247
representatives, and they shall make their appointments in such a	8248
manner that their two appointees represent districts that are	8249
located in different areas of the state. If the chairperson of the	8250
house of representatives committee dealing primarily with highway	8251
matters represents a district in which is located or through which	8252
passes a portion of a turnpike project that is part of the Ohio	8253
turnpike system or a district located in the vicinity of a	8254
turnpike project that is part of the Ohio turnpike system, the	8255
speaker of the house of representatives and the minority leader of	8256
the house of representatives shall make their appointments in such	8257
a manner that their two appointees and the chairperson of the	8258
house of representatives committee dealing primarily with highway	8259
matters all represent districts that are located in different	8260
areas of the state.	8261

The chairperson of the house of representatives committee	8262
shall serve as the chairperson of the turnpike oversight	8263
legislative review committee for the year 1996. Thereafter, the	8264
chair annually shall alternate between, first, the chairperson of	8265
the senate committee and then the chairperson of the house of	8266
representatives committee.	8267

(B) Each member of the turnpike oversightlegislative review	8268
committee who is a member of the general assembly shall serve a	8269
term of the remainder of the general assembly during which the	8270
member is appointed or is serving as chairperson of the specified	8271
senate or house committee. In the event of the death or	8272
resignation of a committee member who is a member of the general	8273
assembly, or in the event that a member ceases to be a senator or	8274
representative, or in the event that the chairperson of the senate	8275
committee dealing primarily with highway matters or the	8276
chairperson of the house of representatives committee dealing	8277
primarily with highway matters ceases to hold that position, the	8278
vacancy shall be filled through an appointment by the president of	8279
the senate or the speaker of the house of representatives or	8280
minority leader of the senate or house of representatives, as	8281
applicable. Any member appointed to fill a vacancy occurring prior	8282
to the end of the term for which the member's predecessor was	8283
appointed shall hold office for the remainder of the term or for a	8284
shorter period of time as determined by the president or the	8285
speaker. A member of the committee is eligible for reappointment.	8286

(C) The turnpike oversightlegislative review committee shall	8287
meet at least quarterly and may meet at the call of its	8288
chairperson, or upon the written request to the chairperson of not	8289
fewer than four members of the committee. At least three of the	8290
quarterly meetingsMeetings shall be held at sites located along a	8291
turnpike project asthat are determined solely by the chairperson	8292
of the committee. At each meeting, the Ohio turnpike commission	8293
shall make a report to the committee on commission matters,	8294
including but not limited to financial and budgetary matters and	8295
proposed and on-going construction, maintenance, repair, and	8296
operational projects of the commission.	8297

The committee, by the affirmative vote of at least four of	8298
its members, may submit written recommendations to the commission,	8299
either at meetings held pursuant to this section or at any other	8300
time, describing new turnpike projects or new interchanges located	8301
on existing projects that the committee believes the commission	8302
should consider constructing.	8303

(D) The members of the turnpike oversightlegislative review	8304
committee who are members of the general assembly shall serve	8305
without compensation, but shall be reimbursed by the commission	8306
for their actual and necessary expenses incurred in the discharge	8307
of their official duties as committee members. Serving as a	8308
member of the turnpike oversightlegislative review committee does	8309
not constitute grounds for resignation from the senate or house of	8310
representatives under section 101.26 of the Revised Code.	8311

Sec. 5537.26.  (A) Except as provided in division (D) of this	8312
section, no increase by the Ohio turnpike commission in the toll	8313
rate structure that is applicable to vehicles operating on a	8314
turnpike project shall become effective unless the commission	8315
complies with the notice and hearing requirements prescribed in	8316
division (B) of this section, and the commission shall not take	8317
any action that expands, has the effect of expanding, or will to	8318
any degree at any time in the future have the effect of expanding	8319
the sphere of responsibility of the commission beyond the Ohio	8320
turnpike, unless the commission complies with the notice and	8321
hearing requirements prescribed in division (B) of this section.	8322

(B) Not less than ninety days prior to the date on which the	8323
commission votes to increase any part of the toll rate structure	8324
that is applicable to vehicles operating on a turnpike project,	8325
and not less than ninety days prior to the date on which the	8326
commission votes to take an action that expands, has the effect of	8327
expanding, or will to any degree at any time in the future have	8328
the effect of expanding the sphere of responsibility of the	8329
commission beyond the Ohio turnpike, the commission shall commence	8330
do both of the following:	8331

(1) Send notice to the governor and the presiding officers	8332
and minority leaders of the senate and house of representatives	8333
that details the proposed increase to the toll rate structure or	8334
the expansion of the sphere of responsibility of the commission	8335
beyond the Ohio turnpike, including a description of and a	8336
justification for the increase or expansion;	8337

(2) Commence holding public hearings on the proposed increase	8338
in the toll rate structure or the proposed action. If the	8339
commission is proposing an increase in the toll rate structure	8340
that is applicable to vehicles operating on a turnpike project, it	8341
shall hold not less than three public hearings in three	8342
geographically diverse locations in this state that are in the	8343
immediate vicinity of the affected project. If the commission is	8344
proposing to take an action that expands, has the effect of	8345
expanding, or will to any degree at any time in the future have	8346
the effect of expanding the sphere of responsibility of the	8347
commission beyond the Ohio turnpike, it shall hold not less than	8348
three public hearings in three locations in the immediate vicinity	8349
where the expanded responsibilities would arise.	8350

The commission shall hold the third or, if it holds more than	8351
three hearings, the last hearing of any set of hearings required	8352
to be held under this section not less than thirty days prior to	8353
the date on which it votes to increase part of the toll rate	8354
structure that is applicable to vehicles operating on a turnpike	8355
project or to take an action that expands, has the effect of	8356
expanding, or will to any degree at any time in the future have	8357
the effect of expanding the sphere of responsibility of the	8358
commission beyond the Ohio turnpike.	8359

The commission shall inform the public of all the hearings	8360
required to be held under this section by causing a notice to be	8361
published in a newspaper of general circulation in the county in	8362
which each hearing is to be held, not less than once per week for	8363
two weeks prior to the date of the hearing.	8364

(C) If the commission does not comply with the notice and	8365
hearing requirements contained in division (B) of this section and	8366
votes for an increase in the toll rate structure that is	8367
applicable to vehicles operating on a turnpike project, the	8368
increase in the toll rate structure shall not take effect, any	8369
attempt by the commission to implement the increase in the toll	8370
rate structure is void, and, if necessary, the attorney general	8371
shall file an action in the court of common pleas of the county in	8372
which the principal office of the commission is located to enjoin	8373
the commission from implementing the increase. The commission	8374
shall not implement any increase until it complies with division	8375
(B) of this section.	8376

If the commission does not comply with the notice and hearing	8377
requirements contained in division (B) of this section and votes	8378
to take an action that expands, has the effect of expanding, or	8379
will to any degree at any time in the future have the effect of	8380
expanding the sphere of responsibility of the commission beyond	8381
the Ohio turnpike, the commission shall not take the proposed	8382
action and, if necessary, the attorney general shall file an	8383
action in the court of common pleas of the county in which the	8384
principal office of the commission is located to enjoin the	8385
commission from taking the proposed action. The commission shall	8386
not take the proposed action until it complies with the notice and	8387
hearing requirements prescribed in division (B) of this section.	8388

(D) Divisions (A) to (C) of this section do not apply to any	8389
decrease made to the toll rate structure by the commission. The	8390
commission may implement a temporary decrease in the toll rate	8391
structure only if it does not exceed eighteen months in duration.	8392
Prior to instituting any decrease to the toll rate structure, the	8393
commission shall holddo both of the following:	8394

(1) Not less than five days prior to any public meeting under	8395
division (D)(2) of this section, send notice to the governor and	8396
the presiding officers and minority leaders of the senate and	8397
house of representatives that details the proposed decrease to the	8398
toll rate structure;	8399

(2) Hold a public meeting to explain to members of the	8400
traveling public the reasons for the upcoming decrease, to inform	8401
them of any benefits and any negative consequences, and to give	8402
them the opportunity to express their opinions as to the relative	8403
merits or drawbacks of each toll decrease. The commission shall	8404
inform the public of the meeting by causing a notice to be	8405
published in newspapers of general circulation in Cuyahoga, Lucas,	8406
Mahoning, Trumbull, Williams, and Summit counties not less than	8407
five days prior to the meeting. The commission shall not be	8408
required to hold any public hearing or meeting upon the expiration	8409
of any temporary decrease in the toll rate structure, so long as	8410
it implements the same toll rate structure that was in effect	8411
immediately prior to the temporary decrease.	8412

(E) As used in this section, "Ohio turnpike" means the toll	8413
freeway that is under the jurisdiction of the commission and runs	8414
in an easterly and westerly direction across the entire northern	8415
portion of this state between its borders with the state of	8416
Pennsylvania in the east and the state of Indiana in the west, and	8417
carries the interstate highway designations of interstate	8418
seventy-six, interstate eighty, and interstate eighty-ninety.	8419

Sec. 5537.27.  The Ohio turnpike commission, the director of	8420
transportation or the director's designee, and another person	8421
designated by the governor shall establish a procedure whereby a	8422
political subdivision or other government agency or agencies may	8423
submit a written application to the commission, requesting the	8424
commission to construct and operate a project within the	8425
boundaries of the subdivision, agency, or agencies making the	8426
request. The procedure shall include a requirement that the	8427
commission send a written reply to the subdivision, agency, or	8428
agencies, explaining the disposition of the request. The procedure	8429
established pursuant to this section shall not become effective	8430
unless it is approved by the commission and by the director or the	8431
director's designee and the designee of the governor, and shall	8432
require submission of the proposed project to the turnpike	8433
oversightlegislative review committee if the project must be	8434
approved by the governor.	8435

Sec. 5537.28.  (A) Notwithstanding any other provision of	8436
law, on and after the effective date of this section, the Ohio	8437
turnpike commission shall not expend any toll revenues that are	8438
generated by an existing turnpike project to fund in any manner or	8439
to any degree the construction, operation, maintenance, or repair	8440
of another turnpike project the location of which must be reviewed	8441
by the turnpike oversightlegislative review committee and	8442
approved by the governor.	8443

In paying the cost of such a project, the commission may	8444
issue bonds and bond anticipation notes as permitted by this	8445
chapter, and may accept moneys from any source to pay the cost of	8446
any portion of the project, including, but not limited to, the	8447
federal government, any department or agency of this state, and	8448
any political subdivision or other government agency. Each such	8449
project shall be constructed, operated, maintained, and repaired	8450
entirely with funds generated by that project or otherwise	8451
specifically acquired for that project from sources permitted by	8452
this chapter.	8453

(B) The commission shall not expend any toll revenues	8454
generated by the Ohio turnpike to pay any amount of the principal	8455
amount of, or interest due on, any bonds or bond anticipation	8456
notes issued by the commission to pay any portion of the cost of	8457
another turnpike project the location of which must be reviewed by	8458
the turnpike oversightlegislative review committee and approved	8459
by the governor. The commission shall not expend any toll revenues	8460
generated by any turnpike project to pay any amount of the	8461
principal amount of, or interest due on, any bonds or bond	8462
anticipation notes issued by the commission to pay any portion of	8463
the cost of a new turnpike project the location of which must be	8464
reviewed by the turnpike oversightlegislative review committee	8465
and approved by the governor or the cost of the operation, repair,	8466
improvement, maintenance, or reconstruction of any turnpike	8467
project other than the project that generated those toll revenues.	8468

(C) As used in this section:

8469

(1) "Ohio turnpike" has the same meaning as in division (E)	8470
of section 5537.26 of the Revised Code;	8471

(2) "Another turnpike project" does not include	8472
infrastructure improvements on the Ohio turnpike or on connecting	8473
roadways within one mile of an Ohio turnpike interchange.	8474

Sec. 5701.11. (A)The effective date referred to in this	8475
section is the effective date of this section as amended by	8476
....... of the 126th general assembly.	8477

(A) Except as provided under division (B) of this section,	8478
any reference in Title LVII of the Revised Code to the Internal	8479
Revenue Code, to the Internal Revenue Code "as amended," to other	8480
laws of the United States, or to other laws of the United States,	8481
"as amended" means the Internal Revenue Code or other laws of the	8482
United States as they exist on the effective date of this section	8483
as enacted by H.B. 530 of the 126th general assemblythe effective	8484
date. This section does not apply to any reference to the Internal	8485
Revenue Code or to other laws of the United States as of a date	8486
certain specifying the day, month, and year.	8487

(B)(1) For purposes of applying section 5733.04, 5745.01, or	8488
5747.01 of the Revised Code to a taxpayer's taxable year ending in	8489
20052006, and also to the subsequent taxable year if it ends	8490
before the effective date of this sectionbefore the effective	8491
date, a taxpayer may irrevocably elect to incorporate the	8492
provisions of the Internal Revenue Code or other laws of the	8493
United States that are in effect for federal income tax purposes	8494
for those taxable yearsthat taxable year if those provisions	8495
differ from the provisions that would otherwise be incorporated	8496
into section 5733.04, 5745.01, or 5747.01 of the Revised Code for	8497
those taxable yearsthat taxable year under division (A) of this	8498
section. The filing of a report or return by the taxpayer for the	8499
taxable year ending in 2005 that incorporatesthat taxable year	8500
incorporating the provisions of the Internal Revenue Code or other	8501
laws of the United States applicable for federal income tax	8502
purposes to that taxable yearthat taxable year, without	8503
adjustments to reverse the effects of any differences between	8504
those provisions and the provisions that would otherwise be	8505
incorporated under division (A) of this section, constitutes the	8506
making of an irrevocable election under this division for that	8507
taxable year and for the subsequent taxable year if it ends before	8508
the effective date of this sectionthat taxable year.	8509

(2) Elections under prior versions of division (B)(1) of this	8510
section remain in effect for the taxable years to which they	8511
apply.	8512

Sec. 5709.87.  (A) As used in this section:

8513

(1) "Improvement," "building," "fixture," and "structure"	8514
have the same meanings as in section 5701.02 of the Revised Code.	8515

(2) "Applicable standards," "property," "remedy," and	8516
"remedial activities" have the same meanings as in section 3746.01	8517
of the Revised Code.	8518

(B) The director of environmental protection, after issuing a	8519
covenant not to sue for property under section 3746.12 of the	8520
Revised Code and determining that remedies or remedial activities	8521
have commenced or been completed at that property to the	8522
satisfaction of the director, shall certify to the tax	8523
commissioner and to the director of development that such a	8524
covenant has been issued and such remedies or remedial activities	8525
have occurred at that property. The certification shall be in such	8526
form as is agreed upon by the directors of environmental	8527
protection and development and the tax commissioner and shall	8528
include a description of the property in sufficient detail for the	8529
tax commissioner and director of development to determine the	8530
boundaries of the property entitled to exemption from taxation	8531
under this section.	8532

(C)(1)(a) Upon receipt by the tax commissioner of a	8533
certification for property under division (B) of this section, the	8534
commissioner shall issue an order granting an exemption from real	8535
property taxation of the increase in the assessed value of land	8536
constituting property that is described in the certification, and	8537
of the increase in the assessed value of improvements, buildings,	8538
fixtures, and structures situated on that land at the time the	8539
order is issued as indicated on the current tax lists. The	8540
exemption shall commence on the first day of the tax year	8541
including the day on which the order is issued and shall end on	8542
the last day of the tenth tax year after issuance of the order.	8543
The order shall include a description of the property and the tax	8544
years for which the property is to be exempted from taxation. The	8545
commissioner shall send copies of the exemption order to the owner	8546
of record of the property to which the exemption applies and to	8547
the county auditor of each county in which any portion of that	8548
property is located.	8549

(b) Within sixty days after receiving the commissioner's	8550
order, the owner of record of the property may notify the	8551
commissioner in writing that the owner does not want the exemption	8552
from real property taxation provided under division (C)(1) of this	8553
section to apply. Upon receiving such a notification from the	8554
property owner of record, the commissioner shall issue a	8555
subsequent order rescinding the previously granted exemption.	8556

(2) The director of development shall maintain a record of	8557
certifications received under this section for purposes of section	8558
5709.88 of the Revised Code.	8559

(D) Any sale or other transfer of the property does not	8560
affect an exemption granted under division (C) of this section.	8561
The exemption shall continue in effect thereafter for the full	8562
period stated in the exemption order.	8563

(E) If at any time the director revokes a covenant not to sue	8564
under Chapter 3746. of the Revised Code and rules adopted under it	8565
for property concerning which the commissioner has issued an	8566
exemption order under division (C) of this section, the director	8567
shall so notify the commissioner and the legislative authority of	8568
the municipal corporation and county in which the property is	8569
located. The commissioner immediately shall rescind the exemption	8570
order and shall so notify the owner of record of the property and	8571
the county auditor of each county in which any portion of the	8572
property is located.	8573

Upon revocation of the convenantcovenant not to sue, the	8574
owner of record shall pay the amount of taxes that would have been	8575
charged against the property had the property not been exempted	8576
from taxation for the period beginning with commencement of the	8577
exemption and ending with the date of revocation of the covenant	8578
not to sue. The county auditor shall return the property to the	8579
tax list and enter on the tax list the amount so payable as	8580
current taxes charged against the property. Taxes required to be	8581
paid pursuant to this section are payable in full on the first	8582
succeeding day on which the first one-half of taxes is required to	8583
be paid under section 323.12 of the Revised Code. If such taxes	8584
are not paid in full when due, a penalty shall be charged, and	8585
interest shall accrue on those taxes, as provided in section	8586
323.121 of the Revised Code. In cases of underpayment or	8587
nonpayment, the deficiency shall be collected as otherwise	8588
provided for the collection of delinquent real property taxes.	8589

Sec. 5713.051.  (A) As used in this section:

8590

(1) "Oil" means all grades of crude oil.

8591

(2) "Gas" means all forms of natural gas.

8592

(3) "Well" means an oil or gas well or an oil and gas well.

8593

(4) "M.C.F." means one thousand cubic feet.

8594

(5) "Commonly metered wells" means two or more wells that	8595
share the same meter.	8596

(6) "Total production" means the total amount of oil,	8597
measured in barrels, and the total amount of gas, measured in	8598
M.C.F., of all oil and gas actually produced and sold from a	8599
single well that is developed and producing on the tax lien date.	8600
For commonly metered wells, "total production" means the total	8601
amount of oil, measured in barrels, and the total amount of gas,	8602
measured in M.C.F., of all oil and gas actually produced and sold	8603
from the commonly metered wells divided by the number of the	8604
commonly metered wells.	8605

(7) "Flush production" means total production from a single	8606
well during the first twelve calendar months during not more than	8607
two consecutive calendar years after a well first begins to	8608
produce. For commonly metered wells, "flush production" means	8609
total production during the first twelve calendar months during	8610
not more than two consecutive calendar years after a well first	8611
begins to produce from all wells with flush production divided by	8612
the number of those wells.	8613

(8) "Production through secondary recovery methods" means	8614
total production from a single well where mechanically induced	8615
pressure, such as air, nitrogen, carbon dioxide, or water	8616
pressure, is used to stimulate and maintain production in the oil	8617
and gas reservoir, exclusive of any flush production. For commonly	8618
metered wells, "production through secondary recovery methods"	8619
means total production from all wells with production through	8620
secondary recovery methods divided by the number of the those	8621
wells.	8622

(9) "Stabilized production" means total production reduced,	8623
if applicable, by the greater of forty-two and one-half per cent	8624
of flush production or fifty per cent of production through	8625
secondary recovery methods.	8626

(10) "Average daily production" means stabilized production	8627
divided by three hundred sixty-five, provided the well was in	8628
production at the beginning of the calendar year. If the well was	8629
not in production at the beginning of the calendar year, "average	8630
daily production" means stabilized production divided by the	8631
number of days beginning with the day the well went into	8632
production in the calendar year and ending with the thirty-first	8633
day of December.	8634

(11) "Gross price" means the unweighted average price per	8635
barrel of oil or the average price per M.C.F. of gas produced from	8636
Ohio wells and first sold during the five-year period ending with	8637
the calendar year immediately preceding the tax lien date, as	8638
reported by the department of natural resources.	8639

(12) "Average annual decline rate" means the amount of yearly	8640
decline in oil and gas production of a well after flush production	8641
has ended. For the purposes of this section, the average annual	8642
decline rate is thirteen per cent.	8643

(13) "Gross revenue" means the gross revenue from a well	8644
during a ten-year discount period with production assumed to be	8645
one barrel of oil or one M.C.F. of gas during the first year of	8646
production and declining at the annual average annual decline rate	8647
during the remaining nine years of the ten-year discount period,	8648
as follows:	8649

(a) First year: one barrel or one M.C.F. multiplied by gross	8650
price;	8651

(b) Second year: 0.870 barrel or 0.870 M.C.F. multiplied by	8652
gross price;	8653

(c) Third year: 0.757 barrel or 0.757 M.C.F. multiplied by	8654
gross price;	8655

(d) Fourth year: 0.659 barrel or 0.659 M.C.F. multiplied by	8656
gross price;	8657

(e) Fifth year: 0.573 barrel or 0.573 M.C.F. multiplied by	8658
gross price;	8659

(f) Sixth year: 0.498 barrel or 0.498 M.C.F. multiplied by	8660
gross price;	8661

(g) Seventh year: 0.434 barrel or 0.434 M.C.F. multiplied by	8662
gross price;	8663

(h) Eighth year: 0.377 barrel or 0.377 M.C.F. multiplied by	8664
gross price;	8665

(i) Ninth year: 0.328 barrel or 0.328 M.C.F. multiplied by	8666
gross price;	8667

(j) Tenth year: 0.286 barrel or 0.286 M.C.F. multiplied by	8668
gross price.	8669

(14) "Average royalty expense" means the annual cost of	8670
royalties paid by all working interest owners in a well. For the	8671
purposes of this section, the average royalty expense is fifteen	8672
per cent of annual gross revenue.	8673

(15) "Average operating expense" means the annual cost of	8674
operating and maintaining a producing well after it first begins	8675
production. For the purposes of this section, the average	8676
operating expense is forty per cent of annual gross revenue.	8677

(16) "Average capital recovery expense" means the annual	8678
capitalized investment cost of a developed and producing well. For	8679
the purposes of this section, average capital recovery expense is	8680
thirty per cent of annual gross revenue.	8681

(17) "Discount rate" means the rate used to determine the	8682
present net worth of one dollar during each year of the ten-year	8683
discount period assuming the net income stream projected for each	8684
year of the ten-year discount period is received at the half-year	8685
point. For the purposes of this section, the discount rate equals	8686
thirteen per cent plus the rate per annum prescribed by division	8687
(B) of section 5703.47 of the Revised Code and determined by the	8688
tax commissioner in October of the calendar year immediately	8689
preceding the tax lien date.	8690

(B) The true value in money of oil reserves constituting real	8691
property on tax lien dates January 1, 2007, and thereafter with	8692
respect to a developed and producing well that has not been the	8693
subject of a recent arm's length sale, exclusive of personal	8694
property necessary to recover the oil, shall be determined under	8695
division (B)(1) or (2) of this section.	8696

(1) For wells for which average daily production of oil is	8697
one barrel or more in the calendar year preceding the tax lien	8698
date, the true value in money equals the average daily production	8699
of oil from the well multiplied by the net present value of one	8700
barrel of oil, where:	8701

(a) Net present value of one barrel of oil = 365 x the sum of	8702
[net income for each year of the discount period x discount rate	8703
factor for that year] for all years in the discount period; and	8704

(b) Net income for a year of the discount period = gross	8705
revenue for that year minus the sum of the following for that	8706
year: average royalty expense, average operating expense, and	8707
average capital recovery expense.	8708

(2) For wells for which average daily production of oil is	8709
less than one barrel in the calendar year preceding the tax lien	8710
date, the true value in money equals the average daily production	8711
of the well in the calendar year preceding the tax lien date	8712
multiplied by sixty per cent of the net present value of one	8713
barrel of oil as computed under division (B)(1) of this section.	8714

(C) The true value in money of gas reserves constituting real	8715
property on tax lien dates January 1, 2007, and thereafter with	8716
respect to a developed and producing well that has not been the	8717
subject of a recent arm's length sale, exclusive of personal	8718
property necessary to recover the gas, shall be determined under	8719
division (C)(1) or (2) of this section.	8720

(1) For wells for which average daily production of gas is	8721
eight M.C.F. or more in the calendar year preceding the tax lien	8722
date, the true value in money equals the average daily production	8723
of gas from the well multiplied by the net present value of one	8724
M.C.F. of gas, where:	8725

(a) Net present value of one M.C.F. of gas = 365 x the sum of	8726
[net income for each year of the discount period x discount rate	8727
factor for that year] for all years in the discount period; and	8728

(b) Net income for a year of the discount period = gross	8729
revenue for that year minus the sum of the following for that	8730
year: average royalty expense, average operating expense, and	8731
average capital recovery expense.	8732

(2) For wells for which average daily production of gas is	8733
less than eight M.C.F. in the calendar year preceding the tax lien	8734
date, the true value in money equals the average daily production	8735
of the well in the calendar year preceding the tax lien date	8736
multiplied by fifty per cent of the net present value of one	8737
M.C.F. as computed under division (C)(1) of this section.	8738

Sec. 5727.84.  (A) As used in this section and sections	8739
5727.85, 5727.86, and 5727.87 of the Revised Code:	8740

(1) "School district" means a city, local, or exempted	8741
village school district.	8742

(2) "Joint vocational school district" means a joint	8743
vocational school district created under section 3311.16 of the	8744
Revised Code, and includes a cooperative education school district	8745
created under section 3311.52 or 3311.521 of the Revised Code and	8746
a county school financing district created under section 3311.50	8747
of the Revised Code.	8748

(3) "Local taxing unit" means a subdivision or taxing unit,	8749
as defined in section 5705.01 of the Revised Code, a park district	8750
created under Chapter 1545. of the Revised Code, or a township	8751
park district established under section 511.23 of the Revised	8752
Code, but excludes school districts and joint vocational school	8753
districts.	8754

(4) "State education aid," for a school district, means the	8755
sum of state aid amounts computed for a schoolthe district or	8756
joint vocational school district under Chapter 3317. of the	8757
Revised Codedivisions (A), (C)(1), (C)(4), (D), (E), and (F) of	8758
section 3317.022; divisions (B), (C), and (D) of section 3317.023;	8759
divisions (G), (L), and (N) of section 3317.024; and sections	8760
3317.029, 3317.0216, 3317.0217, 3317.04, 3317.05, 3317.052, and	8761
3317.053 of the Revised Code, after making the adjustments	8762
required by division (C) of section 3310.08; division (C) of	8763
section 3314.08; division (D) of section 3314.13; divisions (E),	8764
(K), (L), (M), (N), and (O) of section 3317.023; division (C) of	8765
section 3317.20; and sections 3313.979 and 3313.981 of the Revised	8766
Code. However, when calculating state education aid for a school	8767
district for fiscal years 2006 and 2007, include the amount	8768
computed for the district under Section 206.09.21 of Am. Sub. H.B.	8769
66 of the 126th general assembly, as subsequently amended, instead	8770
of division (D) of section 3317.022 of the Revised Code; include	8771
amounts calculated under Section 206.09.39 of that act, as	8772
subsequently amended; and account for adjustments under division	8773
(C)(2) of Section 206.09.84 of that act, as subsequently amended.	8774

(5) "State education aid," for a joint vocational school	8775
district, means the sum of the state aid amounts computed for the	8776
district under division (N) of section 3317.024 and section	8777
3317.16 of the Revised Code. However, when calculating state	8778
education aid for a joint vocational school district for fiscal	8779
years 2006 and 2007, include the amount computed for the district	8780
under Section 206.09.42 of Am. Sub. H.B. 66 of the 126th general	8781
assembly, as subsequently amended.	8782

(6) "State education aid offset" means the amount determined	8783
for each school district or joint vocational school district under	8784
division (A)(1) of section 5727.85 of the Revised Code.	8785

(6)(7) "Recognized valuation" has the same meaning as in	8786
section 3317.02 of the Revised Code.	8787

(7)(8) "Electric company tax value loss" means the amount	8788
determined under division (D) of this section.	8789

(8)(9) "Natural gas company tax value loss" means the amount	8790
determined under division (E) of this section.	8791

(9)(10) "Tax value loss" means the sum of the electric	8792
company tax value loss and the natural gas company tax value loss.	8793

(10)(11) "Fixed-rate levy" means any tax levied on property	8794
other than a fixed-sum levy.	8795

(11)(12) "Fixed-rate levy loss" means the amount determined	8796
under division (G) of this section.	8797

(12)(13) "Fixed-sum levy" means a tax levied on property at	8798
whatever rate is required to produce a specified amount of tax	8799
money or levied in excess of the ten-mill limitation to pay debt	8800
charges, and includes school district emergency levies imposed	8801
pursuant to section 5705.194 of the Revised Code.	8802

(13)(14) "Fixed-sum levy loss" means the amount determined	8803
under division (H) of this section.	8804

(14)(15) "Consumer price index" means the consumer price	8805
index (all items, all urban consumers) prepared by the bureau of	8806
labor statistics of the United States department of labor.	8807

(B) The kilowatt-hour tax receipts fund is hereby created in	8808
the state treasury and shall consist of money arising from the tax	8809
imposed by section 5727.81 of the Revised Code. All money in the	8810
kilowatt-hour tax receipts fund shall be credited as follows:	8811

(1) Fifty-nine and nine hundred seventy-six one-thousandths	8812
per cent, shall be credited to the general revenue fund.	8813

(2) Two and six hundred forty-six one-thousandths per cent	8814
shall be credited to the local government fund, for distribution	8815
in accordance with section 5747.50 of the Revised Code.	8816

(3) Three hundred seventy-eight one-thousandths per cent	8817
shall be credited to the local government revenue assistance fund,	8818
for distribution in accordance with section 5747.61 of the Revised	8819
Code.	8820

(4) Twenty-five and four-tenths per cent shall be credited to	8821
the school district property tax replacement fund, which is hereby	8822
created in the state treasury for the purpose of making the	8823
payments described in section 5727.85 of the Revised Code.	8824

(5) Eleven and six-tenths per cent shall be credited to the	8825
local government property tax replacement fund, which is hereby	8826
created in the state treasury for the purpose of making the	8827
payments described in section 5727.86 of the Revised Code.	8828

(C) The natural gas tax receipts fund is hereby created in	8829
the state treasury and shall consist of money arising from the tax	8830
imposed by section 5727.811 of the Revised Code. All money in the	8831
fund shall be credited as follows:	8832

(1) Sixty-eight and seven-tenths per cent shall be credited	8833
to the school district property tax replacement fund for the	8834
purpose of making the payments described in section 5727.85 of the	8835
Revised Code.	8836

(2) Thirty-one and three-tenths per cent shall be credited to	8837
the local government property tax replacement fund for the purpose	8838
of making the payments described in section 5727.86 of the Revised	8839
Code.	8840

(D) Not later than January 1, 2002, the tax commissioner	8841
shall determine for each taxing district its electric company tax	8842
value loss, which is the sum of the applicable amounts described	8843
in divisions (D)(1) to (3) of this section:	8844

(1) The difference obtained by subtracting the amount	8845
described in division (D)(1)(b) from the amount described in	8846
division (D)(1)(a) of this section.	8847

(a) The value of electric company and rural electric company	8848
tangible personal property as assessed by the tax commissioner for	8849
tax year 1998 on a preliminary assessment, or an amended	8850
preliminary assessment if issued prior to March 1, 1999, and as	8851
apportioned to the taxing district for tax year 1998;	8852

(b) The value of electric company and rural electric company	8853
tangible personal property as assessed by the tax commissioner for	8854
tax year 1998 had the property been apportioned to the taxing	8855
district for tax year 2001, and assessed at the rates in effect	8856
for tax year 2001.	8857

(2) The difference obtained by subtracting the amount	8858
described in division (D)(2)(b) from the amount described in	8859
division (D)(2)(a) of this section.	8860

(a) The three-year average for tax years 1996, 1997, and 1998	8861
of the assessed value from nuclear fuel materials and assemblies	8862
assessed against a person under Chapter 5711. of the Revised Code	8863
from the leasing of them to an electric company for those	8864
respective tax years, as reflected in the preliminary assessments;	8865

(b) The three-year average assessed value from nuclear fuel	8866
materials and assemblies assessed under division (D)(2)(a) of this	8867
section for tax years 1996, 1997, and 1998, as reflected in the	8868
preliminary assessments, using an assessment rate of twenty-five	8869
per cent.	8870

(3) In the case of a taxing district having a nuclear power	8871
plant within its territory, any amount, resulting in an electric	8872
company tax value loss, obtained by subtracting the amount	8873
described in division (D)(1) of this section from the difference	8874
obtained by subtracting the amount described in division (D)(3)(b)	8875
of this section from the amount described in division (D)(3)(a) of	8876
this section.	8877

(a) The value of electric company tangible personal property	8878
as assessed by the tax commissioner for tax year 2000 on a	8879
preliminary assessment, or an amended preliminary assessment if	8880
issued prior to March 1, 2001, and as apportioned to the taxing	8881
district for tax year 2000;	8882

(b) The value of electric company tangible personal property	8883
as assessed by the tax commissioner for tax year 2001 on a	8884
preliminary assessment, or an amended preliminary assessment if	8885
issued prior to March 1, 2002, and as apportioned to the taxing	8886
district for tax year 2001.	8887

(E) Not later than January 1, 2002, the tax commissioner	8888
shall determine for each taxing district its natural gas company	8889
tax value loss, which is the sum of the amounts described in	8890
divisions (E)(1) and (2) of this section:	8891

(1) The difference obtained by subtracting the amount	8892
described in division (E)(1)(b) from the amount described in	8893
division (E)(1)(a) of this section.	8894

(a) The value of all natural gas company tangible personal	8895
property, other than property described in division (E)(2) of this	8896
section, as assessed by the tax commissioner for tax year 1999 on	8897
a preliminary assessment, or an amended preliminary assessment if	8898
issued prior to March 1, 2000, and apportioned to the taxing	8899
district for tax year 1999;	8900

(b) The value of all natural gas company tangible personal	8901
property, other than property described in division (E)(2) of this	8902
section, as assessed by the tax commissioner for tax year 1999 had	8903
the property been apportioned to the taxing district for tax year	8904
2001, and assessed at the rates in effect for tax year 2001.	8905

(2) The difference in the value of current gas obtained by	8906
subtracting the amount described in division (E)(2)(b) from the	8907
amount described in division (E)(2)(a) of this section.	8908

(a) The three-year average assessed value of current gas as	8909
assessed by the tax commissioner for tax years 1997, 1998, and	8910
1999 on a preliminary assessment, or an amended preliminary	8911
assessment if issued prior to March 1, 2001, and as apportioned in	8912
the taxing district for those respective years;	8913

(b) The three-year average assessed value from current gas	8914
under division (E)(2)(a) of this section for tax years 1997, 1998,	8915
and 1999, as reflected in the preliminary assessment, using an	8916
assessment rate of twenty-five per cent.	8917

(F) The tax commissioner may request that natural gas	8918
companies, electric companies, and rural electric companies file a	8919
report to help determine the tax value loss under divisions (D)	8920
and (E) of this section. The report shall be filed within thirty	8921
days of the commissioner's request. A company that fails to file	8922
the report or does not timely file the report is subject to the	8923
penalty in section 5727.60 of the Revised Code.	8924

(G) Not later than January 1, 2002, the tax commissioner	8925
shall determine for each school district, joint vocational school	8926
district, and local taxing unit its fixed-rate levy loss, which is	8927
the sum of its electric company tax value loss multiplied by the	8928
tax rate in effect in tax year 1998 for fixed-rate levies and its	8929
natural gas company tax value loss multiplied by the tax rate in	8930
effect in tax year 1999 for fixed-rate levies.	8931

(H) Not later than January 1, 2002, the tax commissioner	8932
shall determine for each school district, joint vocational school	8933
district, and local taxing unit its fixed-sum levy loss, which is	8934
the amount obtained by subtracting the amount described in	8935
division (H)(2) of this section from the amount described in	8936
division (H)(1) of this section:	8937

(1) The sum of the electric company tax value loss multiplied	8938
by the tax rate in effect in tax year 1998, and the natural gas	8939
company tax value loss multiplied by the tax rate in effect in tax	8940
year 1999, for fixed-sum levies for all taxing districts within	8941
each school district, joint vocational school district, and local	8942
taxing unit. For the years 2002 through 2006, this computation	8943
shall include school district emergency levies that existed in	8944
1998 in the case of the electric company tax value loss, and 1999	8945
in the case of the natural gas company tax value loss, and all	8946
other fixed-sum levies that existed in 1998 in the case of the	8947
electric company tax value loss and 1999 in the case of the	8948
natural gas company tax value loss and continue to be charged in	8949
the tax year preceding the distribution year. For the years 2007	8950
through 2016 in the case of school district emergency levies, and	8951
for all years after 2006 in the case of all other fixed-sum	8952
levies, this computation shall exclude all fixed-sum levies that	8953
existed in 1998 in the case of the electric company tax value loss	8954
and 1999 in the case of the natural gas company tax value loss,	8955
but are no longer in effect in the tax year preceding the	8956
distribution year. For the purposes of this section, an emergency	8957
levy that existed in 1998 in the case of the electric company tax	8958
value loss, and 1999 in the case of the natural gas company tax	8959
value loss, continues to exist in a year beginning on or after	8960
January 1, 2007, but before January 1, 2017, if, in that year, the	8961
board of education levies a school district emergency levy for an	8962
annual sum at least equal to the annual sum levied by the board in	8963
tax year 1998 or 1999, respectively, less the amount of the	8964
payment certified under this division for 2002.	8965

(2) The total taxable value in tax year 1999 less the tax	8966
value loss in each school district, joint vocational school	8967
district, and local taxing unit multiplied by one-fourth of one	8968
mill.	8969

If the amount computed under division (H) of this section for	8970
any school district, joint vocational school district, or local	8971
taxing unit is greater than zero, that amount shall equal the	8972
fixed-sum levy loss reimbursed pursuant to division (E) of section	8973
5727.85 of the Revised Code or division (A)(2) of section 5727.86	8974
of the Revised Code, and the one-fourth of one mill that is	8975
subtracted under division (H)(2) of this section shall be	8976
apportioned among all contributing fixed-sum levies in the	8977
proportion of each levy to the sum of all fixed-sum levies within	8978
each school district, joint vocational school district, or local	8979
taxing unit.	8980

(I) Notwithstanding divisions (D), (E), (G), and (H) of this	8981
section, in computing the tax value loss, fixed-rate levy loss,	8982
and fixed-sum levy loss, the tax commissioner shall use the	8983
greater of the 1998 tax rate or the 1999 tax rate in the case of	8984
levy losses associated with the electric company tax value loss,	8985
but the 1999 tax rate shall not include for this purpose any tax	8986
levy approved by the voters after June 30, 1999, and the tax	8987
commissioner shall use the greater of the 1999 or the 2000 tax	8988
rate in the case of levy losses associated with the natural gas	8989
company tax value loss.	8990

(J) Not later than January 1, 2002, the tax commissioner	8991
shall certify to the department of education the tax value loss	8992
determined under divisions (D) and (E) of this section for each	8993
taxing district, the fixed-rate levy loss calculated under	8994
division (G) of this section, and the fixed-sum levy loss	8995
calculated under division (H) of this section. The calculations	8996
under divisions (G) and (H) of this section shall separately	8997
display the levy loss for each levy eligible for reimbursement.	8998

(K) Not later than September 1, 2001, the tax commissioner	8999
shall certify the amount of the fixed-sum levy loss to the county	9000
auditor of each county in which a school district with a fixed-sum	9001
levy loss has territory.	9002

Sec. 5741.101.  The amount of any refund to be certified to	9003
the treasurer and auditor of state and the director of budget and	9004
management pursuant to section 5741.10 of the Revised Code may be	9005
reduced by the amount the person claiming the refund is indebted	9006
to the state for any tax or fee administered by the tax	9007
commissioner that is paid to the state or to the clerk of courts	9008
pursuant to section 4505.06 of the Revised Code, or any charge,	9009
penalty, or interest arising from such a tax or fee. If the amount	9010
refundable is less than the amount of the debt, it may be applied	9011
in partial satisfaction of the debt. If the amount refundable is	9012
greater than the amount of the debt, the amount remaining after	9013
satisfaction of the debt shall be refunded. If the person has more	9014
than one such debt, any debt subject to section 5739.33 or	9015
division (G) of section 5747.07 of the Revised Code shall be	9016
satisfied first. This section applies only to debts that have	9017
become final.	9018

Sec. 5751.011.  (A) A group of two or more persons may elect	9019
to be a consolidated elected taxpayer for the purposes of this	9020
chapter if the group satisfies all of the following requirements:	9021

(1) The group elects to include all persons, including	9022
persons enumerated in divisions (E)(2) to (10) of section 5751.01	9023
of the Revised Code, having at least eighty per cent, or having at	9024
least fifty per cent, of the value of their ownership interests	9025
owned or controlled, directly or constructively through related	9026
interests, by common owners during all or any portion of the tax	9027
period, together with the common owners. At the election of the	9028
group, all entities that are not incorporated or formed under the	9029
laws of a state or of the United States and that meet the elected	9030
ownership test shall either be included in the group or all shall	9031
be excluded from the group. The group shall notify the tax	9032
commissioner of the foregoing elections before the due date of the	9033
return in which the election is to become effective. If fifty per	9034
cent of the value of a person's ownership interests is owned or	9035
controlled by each of two consolidated elected taxpayer groups	9036
formed under the fifty per cent ownership or control test, that	9037
person is a member of each group for the purposes of this section,	9038
and each group shall include in the group's taxable gross receipts	9039
fifty per cent of that person's taxable gross receipts. Otherwise,	9040
all of that person's taxable gross receipts shall be included in	9041
the taxable gross receipts of the consolidated elected taxpayer	9042
group of which the person is a member. In no event shall the	9043
ownership or control of fifty per cent of the value of a person's	9044
ownership interests by two otherwise unrelated groups form the	9045
basis for consolidating the groups into a single consolidated	9046
elected taxpayer group or permit any exclusion under division (C)	9047
of this section of taxable gross receipts between members of the	9048
two groups. Division (A)(3) of this section applies with respect	9049
to the elections described in this division.	9050

(2) The group makes the election to be treated as a	9051
consolidated elected taxpayer in the manner prescribed under	9052
division (D) of this section.	9053

(3) Subject to review and audit by the tax commissioner, the	9054
group agrees that all of the following apply:	9055

(a) The group shall file reports as a single taxpayer for at	9056
least the next eight calendar quarters following the election so	9057
long as at least two or more of the members of the group meet the	9058
requirements of division (A)(1) of this section.	9059

(b) Before the expiration of the eighth such calendar	9060
quarter, the group shall notify the commissioner if it elects to	9061
cancel its designation as a consolidated elected taxpayer. If the	9062
group does not so notify the tax commissioner, the election	9063
remains in effect for another eight calendar quarters.	9064

(c) If, at any time during any of those eight calendar	9065
quarters following the election, a former member of the group no	9066
longer meets the requirements under division (A)(1) of this	9067
section, that member shall report and pay the tax imposed under	9068
this chapter separately, as a member of a combined taxpayer, or,	9069
if the former member satisfies such requirements with respect to	9070
another consolidated elected group, as a member of that	9071
consolidated elected group.	9072

(d) The group agrees to the application of division (B) of	9073
this section.	9074

(B) A group of persons making the election under this section	9075
shall report and pay tax on all of the group's taxable gross	9076
receipts even if substantial nexus with this state does not exist	9077
for one or more persons in the group.	9078

(C)(1) A(a) Members of a consolidated elected taxpayer group	9079
shall exclude taxable gross receipts between its members and	9080
taxableamong persons included in the consolidated elected	9081
taxpayer group.	9082

(b) Subject to divisions (C)(1)(c) and (C)(2) of this	9083
section, nothing in this section shall have the effect of	9084
requiring a consolidated elected taxpayer group to include gross	9085
receipts received by a person enumerated in divisions (E)(2) to	9086
(10) of section 5751.01 of the Revised Code, except for taxable	9087
gross receipts received by a member described in division (E)(4)	9088
of section 5751.01 of the Revised Code that is not a qualifying	9089
dealer as defined in section 5725.24 of the Revised Code. Except	9090
as provided in division (C)(2) of this section, nothing in this	9091
section shall have the effect of excluding taxable gross receipts	9092
received from persons that are not members of the groupif that	9093
person is a member of the group pursuant to the elections made by	9094
the group under division (A)(1) of this section.	9095

(c)(i) As used in division (C)(1)(c) of this section, "dealer	9096
transfer" means a transfer of property that satisfies both of the	9097
following: (I) the property is directly transferred by any means	9098
from one member of the group to another member of the group that	9099
is a dealer in intangibles but is not a qualifying dealer as	9100
defined in section 5725.24 of the Revised Code; and (II) the	9101
property is subsequently delivered by the dealer in intangibles to	9102
a person that is not a member of the group.	9103

(ii) In the event of a dealer transfer, a consolidated	9104
elected taxpayer group shall not exclude, under division (C) of	9105
this section, gross receipts from the transfer described in	9106
division (C)(1)(c)(i)(I) of this section.	9107

(2) Gross receipts related to the sale or transmission of	9108
electricity through the use of an intermediary regional	9109
transmission organization approved by the federal energy	9110
regulatory commission shall be excluded from taxable gross	9111
receipts under division (C)(1) of this section if all other	9112
requirements of that division are met, even if the receipts are	9113
from and to the same member of the group.	9114

(D) To make the election to be a consolidated elected	9115
taxpayer, a group of persons shall notify the tax commissioner of	9116
the election in the manner prescribed by the commissioner and pay	9117
the commissioner a registration fee equal to the lesser of two	9118
hundred dollars or twenty dollars for each person in the group. No	9119
additional fee shall be imposed for the addition of new members to	9120
the group once the group has remitted a fee in the amount of two	9121
hundred dollars. The election shall be made and the fee paid	9122
before the later of the beginning of the first calendar quarter to	9123
which the election applies or November 15, 2005. The fee shall be	9124
collected and used in the same manner as provided in section	9125
5751.04 of the Revised Code.	9126

The election shall be made on a form prescribed by the tax	9127
commissioner for that purpose and shall be signed by one or more	9128
individuals with authority, separately or together, to make a	9129
binding election on behalf of all persons in the group.	9130

Any person acquired or formed after the filing of the	9131
registration shall be included in the group if the person meets	9132
the requirements of division (A)(1) of this section, and the group	9133
shall notify the tax commissioner of any additions to the group	9134
with the next tax return it files with the commissioner.	9135

(E) Each member of a consolidated elected taxpayer is jointly	9136
and severally liable for the tax imposed by this chapter and any	9137
penalties or interest thereon. The tax commissioner may require	9138
one person in the group to be the taxpayer for purposes of	9139
registration and remittance of the tax, but all members of the	9140
group are subject to assessment under section 5751.09 of the	9141
Revised Code.	9142

Sec. 5910.03.  Scholarships shall be granted only to children	9143
of deceased or disabled veterans of the armed services of the	9144
United States. To be eligible for a scholarship, such child shall:	9145

(A) At the time of application, have attained the sixteenth,	9146
but not the twenty-firsttwenty-fifth, birthday;	9147

(B) At the time of application, if a child of a veteran who	9148
entered the armed services:	9149

(1) As a legal resident of Ohio, have resided in the state	9150
for the last preceding year;	9151

(2) Not as a legal resident of Ohio, have resided in the	9152
state for the year preceding the year in which application for the	9153
scholarship is made and any other four of the last ten years;	9154

(C) Be in financial need, as determined by the board.

9155

Sec. 5919.31. (A) If an active duty member of the Ohio	9156
national guard chooses to purchase life insurance pursuant to the	9157
"Servicemembers' Group Life Insurance Act," 79 Stat. 880 et seq.	9158
(1965), 38 U.S.C. 1965 et seq. and if the adjutant general	9159
determines that the member is ineligible for reimbursement of	9160
associated premiums under federal law, the adjutant general shall	9161
reimburse the member in an amount equal to the monthly premium	9162
paid for each month or part of a month by the member pursuant to	9163
the act while being an active duty member.	9164

(B) The adjutant general may request additional money from	9165
the controlling board if the adjutant general does not have	9166
sufficient available unencumbered funds to reimburse active duty	9167
members for life insurance premiums pursuant to this section.	9168

(C) The adjutant general may prescribe and enforce	9169
regulations to implement the requirements of this section. In	9170
prescribing and enforcing those regulations, the adjutant general	9171
need not comply with section 111.15 or Chapter 119. of the Revised	9172
Code.	9173

(D) As used in this section, "active duty member" means a	9174
member of the Ohio national guard on active duty pursuant to an	9175
executive order of the president of the United States, the "Act of	9176
October 28, 2004," 118 Stat. 1878, 32 U.S.C. 901 to 908, as	9177
amended, another act of the congress of the United States, or a	9178
proclamation of the governor, but does not include a member	9179
performing full-time Ohio national guard duty or performing	9180
special work active duty under the "Act of October 3, 1964," 78	9181
Stat. 999, 32 U.S.C. 502(f).	9182

Section 101.02. That existing sections 3.21, 3.23, 5.10,	9183
9.37, 101.15, 101.34, 101.72, 101.83, 101.92, 107.40, 121.62,	9184
126.11, 131.02, 133.021, 151.01, 151.09, 151.10, 151.40, 152.09,	9185
152.18, 152.19, 152.21, 152.24, 152.242, 152.26, 169.13, 333.02,	9186
333.04, 340.03, 340.09, 340.12, 715.70, 715.81, 1520.02, 2301.02,	9187
2305.26, 2329.07, 2701.06, 3317.013, 3317.022, 3317.029,	9188
3317.0217, 3317.03, 3383.01, 3383.07, 3706.01, 3770.05, 3770.073,	9189
4121.121, 4503.068, 4728.03, 4763.03, 4763.05, 4763.06, 4919.76,	9190
5107.12, 5111.88, 5115.06, 5119.071, 5120.03, 5123.08, 5139.02,	9191
5502.62, 5537.01, 5537.02, 5537.03, 5537.10, 5537.17, 5537.24,	9192
5537.26, 5537.27, 5537.28, 5701.11, 5709.87, 5727.84, 5741.101,	9193
5751.011, 5910.03, and 5919.31 of the Revised Code are hereby	9194
repealed.	9195

Section 110.07. That the version of section 5502.62 of the	9196
Revised Code that is scheduled to take effect April 1, 2007, be	9197
amended to read as follows:	9198

Sec. 5502.62.  (A) There is hereby created in the department	9199
of public safety a division of criminal justice services. The	9200
director of public safety, with the concurrence of the governor,	9201
shall appoint an executive director of the division of criminal	9202
justice services. The executive director shall be the head of the	9203
division. The executive director shall serve at the pleasure of	9204
the director of public safety. To carry out the duties assigned	9205
under this section and to comply with sections 5502.63 to 5502.66	9206
of the Revised Code, the executive director, subject to the	9207
direction and control of the director of public safety, may	9208
appoint and maintain any necessary staff and may enter into any	9209
necessary contracts and other agreements. The executive director	9210
of the division, and all professional and technical personnel	9211
employed within the division who are not public employees as	9212
defined in section 4117.01 of the Revised Code, shall be in the	9213
unclassified civil service, and all other persons employed within	9214
the division shall be in the classified civil service.	9215

(B) Subject to division (F) of this section and subject to	9216
divisions (D) to (F) of section 5120.09 of the Revised Code	9217
insofar as those divisions relate to federal criminal justice acts	9218
that the governor requires the department of rehabilitation and	9219
correction to administer, the division of criminal justice	9220
services shall do all of the following:	9221

(1) Serve as the state criminal justice services agency and	9222
perform criminal justice system planning in the state, including	9223
any planning that is required by any federal law;	9224

(2) Collect, analyze, and correlate information and data	9225
concerning the criminal justice system in the state;	9226

(3) Cooperate with and provide technical assistance to state	9227
departments, administrative planning districts, metropolitan	9228
county criminal justice services agencies, criminal justice	9229
coordinating councils, agencies, offices, and departments of the	9230
criminal justice system in the state, and other appropriate	9231
organizations and persons;	9232

(4) Encourage and assist agencies, offices, and departments	9233
of the criminal justice system in the state and other appropriate	9234
organizations and persons to solve problems that relate to the	9235
duties of the division;	9236

(5) Administer within the state any federal criminal justice	9237
acts that the governor requires it to administer;	9238

(6) Administer funds received under the "Family Violence	9239
Prevention and Services Act," 98 Stat. 1757 (1984), 42 U.S.C.A.	9240
10401, as amended, with all powers necessary for the adequate	9241
administration of those funds, including the authority to	9242
establish a family violence prevention and services program;	9243

(7) Implement the state comprehensive plans;

9244

(8) Audit grant activities of agencies, offices,	9245
organizations, and persons that are financed in whole or in part	9246
by funds granted through the division;	9247

(9) Monitor or evaluate the performance of criminal justice	9248
system projects and programs in the state that are financed in	9249
whole or in part by funds granted through the division;	9250

(10) Apply for, allocate, disburse, and account for grants	9251
that are made available pursuant to federal criminal justice acts,	9252
or made available from other federal, state, or private sources,	9253
to improve the criminal justice system in the state. Except as	9254
otherwise provided in this division, all money from such federal	9255
grants shall, if the terms under which the money is received	9256
require that the money be deposited into an interest-bearing fund	9257
or account, be deposited in the state treasury to the credit of	9258
the federal program purposes fund, which is hereby created. All	9259
investment earnings of the federal program purposes fund shall be	9260
credited to the fund. All money from such federal grants that	9261
require that the money be deposited into an interest-bearing fund	9262
or account, that are intended to provide funding to local criminal	9263
justice programs, and that require that investment earnings be	9264
distributed for program purposes shall be deposited in the state	9265
treasury to the credit of the federal justice programs fundfunds,	9266
which isare hereby created. A separate fund shall be established	9267
each federal fiscal year. All investment earnings of thea federal	9268
justice programs fund shall be credited to thethat fund and	9269
distributed in accordance with the terms of the grant under which	9270
the money is received.	9271

(11) Contract with federal, state, and local agencies,	9272
foundations, corporations, businesses, and persons when necessary	9273
to carry out the duties of the division;	9274

(12) Oversee the activities of metropolitan county criminal	9275
justice services agencies, administrative planning districts, and	9276
criminal justice coordinating councils in the state;	9277

(13) Advise the director of public safety, general assembly,	9278
and governor on legislation and other significant matters that	9279
pertain to the improvement and reform of criminal and juvenile	9280
justice systems in the state;	9281

(14) Prepare and recommend legislation to the director of	9282
public safety, general assembly, and governor for the improvement	9283
of the criminal and juvenile justice systems in the state;	9284

(15) Assist, advise, and make any reports that are requested	9285
or required by the governor, director of public safety, attorney	9286
general, or general assembly;	9287

(16) Develop and maintain the Ohio incident-based reporting	9288
system in accordance with division (C) of this section;	9289

(17) Subject to the approval of the director of public	9290
safety, adopt rules pursuant to Chapter 119. of the Revised Code;	9291

(18)(a) Not later than June 1, 2007, and subject to the	9292
approval of the director of public safety, adopt rules for the	9293
establishment and maintenance of a mcgruff house program by any	9294
sponsoring agency. The rules shall include the following:	9295

(i) The adoption of the mcgruff house symbol to be used	9296
exclusively in all mcgruff house programs in this state;	9297

(ii) The requirements for any sponsoring agency to establish	9298
and maintain a mcgruff house program;	9299

(iii) The criteria for the selection of volunteers to	9300
participate in a mcgruff house program that shall include, but not	9301
be limited to, criminal background checks of those volunteers;	9302

(iv) Any other matters that the division of criminal justice	9303
services considers necessary for the establishment and maintenance	9304
of mcgruff house programs by sponsoring agencies and the	9305
participation of volunteers in those programs.	9306

(b) The division of criminal justice services shall	9307
distribute materials and provide technical assistance to any	9308
sponsoring agency that establishes and maintains a mcgruff house	9309
program, any volunteer group or organization that provides	9310
assistance to that sponsoring agency, or any volunteer who	9311
participates in a mcgruff house program.	9312

(C) The division of criminal justice services shall develop	9313
and maintain the Ohio incident-based reporting system to	9314
facilitate the sharing of information with the federal bureau of	9315
investigation and participating law enforcement agencies in Ohio.	9316
The Ohio incident-based reporting system shall be known as OIBRS.	9317
In connection with OIBRS, the division shall do all of the	9318
following:	9319

(1) Collect and organize statistical data for reporting to	9320
the national incident-based reporting system operated by the	9321
federal bureau of investigation for the purpose of securing	9322
federal criminal justice grants;	9323

(2) Analyze and highlight mapping data for participating law	9324
enforcement agencies;	9325

(3) Distribute data and analyses to participating law	9326
enforcement agencies;	9327

(4) Encourage nonparticipating law enforcement agencies to	9328
participate in OIBRS by offering demonstrations, training, and	9329
technical assistance;	9330

(5) Provide assistance, advice, and reports requested by the	9331
governor, the general assembly, or the federal bureau of	9332
investigation;	9333

(6) Require every law enforcement agency that receives	9334
federal criminal justice grants or state criminal justice	9335
information system general revenue funds through the division to	9336
participate in OIBRS or in the uniform crime reporting program of	9337
the federal bureau of investigation. An agency that submits OIBRS	9338
data to the Ohio local law enforcement information sharing network	9339
shall be considered to be in compliance with division (C)(6) of	9340
this section if both of the following apply:	9341

(a) The Ohio local law enforcement information sharing	9342
network is capable of collecting OIBRS data.	9343

(b) The division of criminal justice services has the ability	9344
to extract the OIBRS data for reporting to the national	9345
incident-based reporting system in the manner required by the	9346
federal bureau of investigation.	9347

(D) Upon the request of the director of public safety or	9348
governor, the division of criminal justice services may do any of	9349
the following:	9350

(1) Collect, analyze, or correlate information and data	9351
concerning the juvenile justice system in the state;	9352

(2) Cooperate with and provide technical assistance to state	9353
departments, administrative planning districts, metropolitan	9354
county criminal justice service agencies, criminal justice	9355
coordinating councils, agency offices, and the departments of the	9356
juvenile justice system in the state and other appropriate	9357
organizations and persons;	9358

(3) Encourage and assist agencies, offices, and departments	9359
of the juvenile justice system in the state and other appropriate	9360
organizations and persons to solve problems that relate to the	9361
duties of the division.	9362

(E) Divisions (B), (C), and (D) of this section do not limit	9363
the discretion or authority of the attorney general with respect	9364
to crime victim assistance and criminal justice programs.	9365

(F) Nothing in this section is intended to diminish or alter	9366
the status of the office of the attorney general as a criminal	9367
justice services agency or to diminish or alter the status or	9368
discourage the development and use of other law enforcement	9369
information systems in Ohio.	9370

Section 110.08. That the existing version of section 5502.62	9371
of the Revised Code that is scheduled to take effect April 1,	9372
2007, is hereby repealed.	9373

Section 110.09. That Sections 110.07 and 110.08 of this act	9374
take effect April 1, 2007.	9375

Section 201.10. The items set forth in this section are	9376
hereby appropriated out of any moneys in the state treasury to the	9377
credit of the Wildlife Fund (Fund 015), that are not otherwise	9378
appropriated.	9379

Appropriations

DNR DEPARTMENT OF NATURAL RESOURCES

9380

CAP-012		Land Acquisition - Statewide		$	3,000,000		9381
CAP-852		Wildlife Area Building Development/Renovations		$	1,000,000		9382
Total Department of Natural Resources				$	4,000,000		9383
TOTAL Wildlife Fund				$	4,000,000		9384

Section 203.10.  The items set forth in this section are	9386
hereby appropriated out of any moneys in the state treasury to the	9387
credit of the Public School Building Fund (Fund 021), that are not	9388
otherwise appropriated.	9389

Appropriations

SFC SCHOOL FACILITIES COMMISSION

9390

CAP-622		Public School Buildings		$	154,632,362		9391
CAP-786		New School Planning and Design		$	4,000,000		9392
Total School Facilities Commission				$	158,632,362		9393
TOTAL Public School Building Fund				$	158,632,362		9394

Section 203.20. PUBLIC SCHOOL BUILDING FUND

9396

The Controlling Board, when requested to do so by the	9397
Executive Director of the Ohio School Facilities Commission, may	9398
increase appropriations in the Public School Building Fund (Fund	9399
021), based on revenues received by the fund, including cash	9400
transfers and interest that may accrue to the fund.	9401

Section 203.40. NEW BLIND AND DEAF SCHOOL PLANNING AND DESIGN

9402

The foregoing appropriation item CAP-786, New School Planning	9403
and Design, shall be used for the planning and design of a new	9404
consolidated school, residential facility, transportation garage,	9405
and athletic facilities for the Ohio State School for the Blind	9406
and the Ohio School for the Deaf. Notwithstanding sections 123.01	9407
and 123.15 of the Revised Code and in addition to its powers and	9408
duties under Chapter 3318. of the Revised Code, the Ohio School	9409
Facilities Commission shall administer the planning and design of	9410
a new consolidated school, residential facility, transportation	9411
garage, and athletic facilities for the Ohio State School for the	9412
Blind and the Ohio School for the Deaf on the current campus of	9413
the Ohio School for the Deaf. The design and construction of the	9414
new consolidated school shall comply to the fullest extent	9415
possible with the specifications and policies set forth in the	9416
Ohio School Design Manual. This project shall not be considered a	9417
part of any program created under Chapter 3318. of the Revised	9418
Code. The Executive Director of the Ohio School Facilities	9419
Commission shall determine the planning, design, scope, and budget	9420
of the project in consultation with the superintendents of the	9421
Ohio State School for the Blind and the Ohio School for the Deaf	9422
and the Director of Budget and Management. Upon issuance by the	9423
Commission of a certificate of completion of the project, the	9424
Commission's participation in the project shall end.	9425

The Executive Director of the Ohio School Facilities	9426
Commission shall comply with the procedures and guidelines	9427
established in Chapter 153. of the Revised Code. Upon the release	9428
of funds for the project by the Controlling Board or the Director	9429
of Budget and Management, the commission may administer the	9430
project without the supervision, control, or approval of the	9431
Director of Administrative Services. Any references to the	9432
Director of Administrative Services in the Revised Code, with	9433
respect to the administration of this project, shall be construed	9434
to refer to the Director of the Ohio School Facilities Commission.	9435

Section 205.10.  The items set forth in this section are	9436
hereby appropriated out of any moneys in the state treasury to the	9437
credit of the Highway Safety Fund (Fund 036), that are not	9438
otherwise appropriated.	9439

Appropriations

DHS DEPARTMENT OF PUBLIC SAFETY

9440

CAP-083		Alum Creek Facility Roof Renovation		$	1,067,000		9441
CAP-084		OSHP Academy Maintenance		$	433,000		9442
Total Department of Public Safety				$	1,500,000		9443
TOTAL Highway Safety Fund				$	1,500,000		9444

Section 207.10. All items set forth in this section are	9446
hereby appropriated out of any moneys in the state treasury to the	9447
credit of the State Capital Improvements Revolving Loan Fund (Fund	9448
040). Revenues to the State Capital Improvements Revolving Loan	9449
Fund shall consist of all repayments of loans made to local	9450
subdivisions for capital improvements, investment earnings on	9451
moneys in the fund, and moneys obtained from federal or private	9452
grants or from other sources for the purpose of making loans for	9453
the purpose of financing or assisting in the financing of the cost	9454
of capital improvement projects of local subdivisions.	9455

Appropriations

PWC PUBLIC WORKS COMMISSION

9456

CAP-151		Revolving Loan		$	25,300,000		9457
Total Public Works Commission				$	25,300,000		9458
TOTAL State Capital Improvements Revolving Loan Fund				$	25,300,000		9459

The foregoing appropriation item CAP-151, Revolving Loan,	9460
shall be used in accordance with sections 164.01 to 164.12 of the	9461
Revised Code.	9462

If the Public Works Commission receives refunds due to	9463
project overpayments that are discovered during a post-project	9464
audit, the Director of the Public Works Commission may certify to	9465
the Director of Budget and Management that refunds have been	9466
received. In certifying the refunds, the Director of the Public	9467
Works Commission shall provide the Director of Budget and	9468
Management information on the project refunds. The certification	9469
shall detail by project the source and amount of project	9470
overpayments received and include any supporting documentation	9471
required or requested by the Director of Budget and Management.	9472
Upon receipt of the certification, the Director of Budget and	9473
Management shall determine if the project refunds are necessary to	9474
support existing appropriations. If the project refunds are	9475
available to support additional appropriations, these amounts are	9476
hereby appropriated to appropriation item CAP-151, Revolving Loan.	9477

Section 209.10.  All items set forth in this section are	9478
hereby appropriated out of any moneys in the state treasury to the	9479
credit of the Waterways Safety Fund (Fund 086), that are not	9480
otherwise appropriated.	9481

Appropriations

DNR DEPARTMENT OF NATURAL RESOURCES

9482

CAP-324		Cooperative Funding for Boating Facilities		$	8,700,000		9483
CAP-934		Operations Facilities Development		$	3,440,000		9484
Total Department of Natural Resources				$	12,140,000		9485
TOTAL Waterways Safety Fund				$	12,140,000		9486

Section 211.10. All items set forth in this section are	9488
hereby appropriated out of any moneys in the state treasury to the	9489
credit of the Army National Guard Service Contract Fund (Fund	9490
342), that are not otherwise appropriated.	9491

Appropriations

ADJ ADJUTANT GENERAL

9492

CAP-065		Armory Construction-Federal		$	877,275		9493
Total Adjutant General				$	877,275		9494
TOTAL Army National Guard Service Contract Fund				$	877,275		9495

Section 213.10. All items set forth in this section are	9497
hereby appropriated out of any moneys in the state treasury to the	9498
credit of the Special Administrative Fund (Fund 4A9), that are not	9499
otherwise appropriated.	9500

Appropriations

JFS DEPARTMENT OF JOB AND FAMILY SERVICES

9501

CAP-702		Central Office Building Renovations		$	2,000,000		9502
Total Department of Job and Family Services				$	2,000,000		9503
TOTAL Special Administrative Fund				$	2,000,000		9504

Section 215.10. The items set forth in this section are	9506
hereby appropriated out of any moneys in the state treasury to the	9507
credit of the State Fire Marshal Fund (Fund 546), that are not	9508
otherwise appropriated.	9509

Appropriations

COM DEPARTMENT OF COMMERCE

9510

CAP-115		Emergency Generator Replacement		$	1,650,000		9511
CAP-116		IT Infrastructure		$	720,000		9512
CAP-117		Security Fence & Entrance Gate		$	50,000		9513
CAP-118		Driver Training/Road Improvement		$	1,070,000		9514
CAP-119		Master Plan for SFM Facilities		$	500,000		9515
CAP-120		Forensic Laboratory Equipment		$	130,000		9516
Total Department of Commerce				$	4,120,000		9517
TOTAL State Fire Marshal Fund				$	4,120,000		9518

Section 217.10.  The items set forth in this section are	9520
hereby appropriated out of any moneys in the state treasury to the	9521
credit of the Veterans' Home Improvement Fund (Fund 604), that are	9522
not otherwise appropriated.	9523

Appropriations

OVH OHIO VETERANS' HOME AGENCY

9524

CAP-786		General Building Renovations		$	2,700,000		9525
Total Ohio Veterans' Home Agency				$	2,700,000		9526
TOTAL Veterans' Home Improvement Fund				$	2,700,000		9527

Section 219.10. All items set forth in this section are	9529
hereby appropriated out of any moneys in the state treasury to the	9530
credit of the Job Ready Site Development Fund (Fund 012), that are	9531
not otherwise appropriated:	9532

Appropriations

DEV DEPARTMENT OF DEVELOPMENT

9533

CAP-003		Job Ready Sites		$	30,000,000		9534
Total Department of Development				$	30,000,000		9535
TOTAL Job Ready Site Development Fund				$	30,000,000		9536

Section 219.20. JOB READY SITE DEVELOPMENT

9538

The Ohio Public Facilities Commission, upon request of the	9539
Department of Development, is hereby authorized to issue and sell,	9540
in accordance with Section 2p of Article VIII, Ohio Constitution,	9541
and pursuant to sections 151.01 and 151.11 of the Revised Code,	9542
original obligations of the State of Ohio in an aggregate amount	9543
not to exceed $30,000,000 in addition to the original issuance of	9544
obligations heretofore authorized by prior acts of the General	9545
Assembly. These authorized obligations shall be issued and sold	9546
from time to time, subject to applicable constitutional and	9547
statutory limitations, as needed to ensure sufficient moneys to	9548
the credit of the Job Ready Site Development Fund (Fund 012) to	9549
pay costs of sites and facilities.	9550

Section 221.10.10.  All items set forth in Sections 221.10.20	9551
to 221.20.10 of this act are hereby appropriated out of any moneys	9552
in the state treasury to the credit of the Administrative Building	9553
Fund (Fund 026), that are not otherwise appropriated.	9554

Appropriations

Section 221.10.20. ADJ ADJUTANT GENERAL

9555

CAP-036		Roof Replacement - Various		$	530,000		9556
CAP-038		Electrical Systems - Various		$	560,000		9557
CAP-044		Replace Windows/Doors - Various		$	220,000		9558
CAP-045		Plumbing Renovations - Various		$	525,000		9559
CAP-046		Paving Renovations - Various		$	455,225		9560
CAP-050		HVAC Systems - Various		$	700,000		9561
CAP-056		Masonry Repairs/Renovations - Various		$	220,000		9562
CAP-071		Construct Delaware Armory		$	1,756,250		9563
CAP-072		Energy Conservation - Various		$	33,525		9564
CAP-063		Rickenbacker International Airport		$	2,775,000		9565
CAP-075		Mansfield Lahm Air National Guard Facility		$	1,000,000		9566
CAP-076		Camp Perry Improvements		$	1,200,000		9567
Total Adjutant General				$	9,975,000		9568

ARMORY CONSTRUCTION

9569

The foregoing appropriation item CAP-071, Construct Delaware	9570
Armory, shall be used to fund the state's share of the cost of	9571
building a basic armory in the Delaware area, including the cost	9572
of site acquisition, site preparation, and planning and design.	9573
Appropriations shall not be released for this item without a	9574
certification by the Adjutant General to the Director of Budget	9575
and Management that sufficient moneys have been allocated for the	9576
federal share of the cost of construction.	9577

Appropriations

Section 221.10.30. DAS DEPARTMENT OF ADMINISTRATIVE SERVICES

9578

CAP-773		Governor's Residence Renovations		$	912,000		9579
CAP-826		Surface Road Building Renovations		$	394,300		9580
CAP-834		Capital Improvements Project Management System		$	2,342,400		9581
CAP-835		Energy Conservation Projects		$	1,000,000		9582
CAP-838		SOCC Renovations		$	1,200,000		9583
CAP-850		Education Building Renovations		$	564,900		9584
CAP-852		North High Building Complex Renovations		$	14,001,400		9585
CAP-855		Office Space Planning		$	5,000,000		9586
CAP-856		Governor's Residence Security Upgrades		$	25,000		9587
CAP-865		DAS Building Security Upgrades		$	79,500		9588
Total Department of Administrative Services				$	25,519,500		9589

Appropriations

Section 221.10.40. AGR DEPARTMENT OF AGRICULTURE

9591

CAP-043		Building and Grounds Renovation		$	600,000		9592
CAP-051		Plant Industries Building #7 Replacement		$	10,485,631		9593
CAP-052		Grounds Security/Emergency Power		$	200,000		9594
Total Department of Agriculture				$	11,285,631		9595

Appropriations

Section 221.10.50. CSR CAPITOL SQUARE REVIEW AND ADVISORY	9597
BOARD	9598

CAP-024		Capitol Square Security		$	350,000		9599
Total Capitol Square Review and Advisory Board				$	350,000		9600

Appropriations

Section 221.10.60. EXP EXPOSITIONS COMMISSION

9602

CAP-056		Building Renovations and Repairs		$	4,696,000		9603
CAP-072		Emergency Repairs and Equipment Repair or Replacement		$	1,000,000		9604
CAP-074		Multi-Purpose Building		$	14,000,000		9605
Total Expositions Commission				$	19,696,000		9606

Appropriations

Section 221.10.70. DHS DEPARTMENT OF PUBLIC SAFETY

9608

CAP-085		American Red Cross Public Safety Facility		$	1,000,000		9609
CAP-086		Consolidated Communications Project of Strongsville		$	85,000		9610
CAP-087		Domestic Violence Shelter		$	100,000		9611
CAP-088		Family Services of Cincinnati		$	100,000		9612
Total Department of Public Safety				$	1,285,000		9613

Appropriations

Section 221.10.80. DNR DEPARTMENT OF NATURAL RESOURCES

9615

CAP-742		Fountain Square Building and Telephone System Improvements		$	1,000,000		9616
CAP-744		MARCS		$	2,000,000		9617
CAP-747		DNR Fairgrounds Areas - General Upgrading - Fairgrounds Site Improvements		$	700,000		9618
Total Department of Natural Resources				$	3,700,000		9619

Appropriations

Section 221.10.90. OSB SCHOOL FOR THE BLIND

9621

CAP-784		Renovations and Repairs		$	890,000		9622
CAP-785		Replacement of School Elevator		$	110,000		9623
Total School for the Blind				$	1,000,000		9624

Appropriations

Section 221.20.10. OSD SCHOOL FOR THE DEAF

9626

CAP-783		Renovations and Repairs		$	1,000,000		9627
Total School for the Deaf				$	1,000,000		9628
TOTAL Administrative Building Fund				$	73,811,131		9629

Section 221.20.20.  The Ohio Building Authority is hereby	9630
authorized to issue and sell, in accordance with Section 2i of	9631
Article VIII, Ohio Constitution, and Chapter 152. and other	9632
applicable sections of the Revised Code, original obligations in	9633
an aggregate principal amount not to exceed $66,000,000 in	9634
addition to the original issuance of obligations heretofore	9635
authorized by prior acts of the General Assembly. These authorized	9636
obligations shall be issued, subject to applicable constitutional	9637
and statutory limitations, to pay costs associated with previously	9638
authorized capital facilities and the capital facilities referred	9639
to in Sections 221.10.10 to 221.20.10 of this act.	9640

Section 223.10.  All items set forth in this section are	9641
hereby appropriated out of any moneys in the state treasury to the	9642
credit of the Adult Correctional Building Fund (Fund 027), that	9643
are not otherwise appropriated.	9644

Appropriations

DRC DEPARTMENT OF REHABILITATION AND CORRECTION

9645

STATEWIDE AND CENTRAL OFFICE PROJECTS

9646

CAP-003		Community Based Correctional Facility		$	1,200,000		9647
CAP-017		Security Improvements - Statewide		$	6,127,037		9648
CAP-111		General Building Renovations		$	28,847,973		9649
Total Statewide and Central Office Projects				$	36,175,010		9650
TOTAL Department of Rehabilitation and Correction				$	36,175,010		9651
TOTAL ADULT CORRECTIONAL BUILDING FUND				$	36,175,010		9652

Section 223.20.  The Ohio Building Authority is hereby	9654
authorized to issue and sell, in accordance with Section 2i of	9655
Article VIII, Ohio Constitution, and Chapter 152. and section	9656
307.021 of the Revised Code, original obligations in an aggregate	9657
principal amount not to exceed $21,000,000 in addition to the	9658
original issuance of obligations heretofore authorized by prior	9659
acts of the General Assembly. These authorized obligations shall	9660
be issued, subject to applicable constitutional and statutory	9661
limitations, to pay costs associated with previously authorized	9662
capital facilities and the capital facilities referred to in	9663
Section 223.10 of this act for the Department of Rehabilitation	9664
and Correction.	9665

Section 225.10.  All items set forth in this section are	9666
hereby appropriated out of any moneys in the state treasury to the	9667
credit of the Juvenile Correctional Building Fund (Fund 028), that	9668
are not otherwise appropriated.	9669

Appropriations

DYS DEPARTMENT OF YOUTH SERVICES

9670

CAP-801		Fire Suppression/Safety/Security		$	2,369,806		9671
CAP-803		General Institutional Renovations		$	4,833,336		9672
CAP-812		CCF Renovations/Maintenance		$	1,322,304		9673
CAP-837		Sanitary Safety & Other Renovations - Indian River		$	4,850,000		9674
CAP-839		Classroom Renovations		$	1,988,875		9675
CAP-840		Mental Health Unit Construction		$	2,877,510		9676
Total Department of Youth Services				$	18,241,831		9677
TOTAL Juvenile Correctional Building Fund				$	18,241,831		9678

Section 225.20.  The Ohio Building Authority is hereby	9680
authorized to issue and sell, in accordance with Section 2i of	9681
Article VIII, Ohio Constitution, and Chapter 152. and other	9682
applicable sections of the Revised Code, original obligations in	9683
an aggregate principal amount not to exceed $18,000,000 in	9684
addition to the original issuance of obligations heretofore	9685
authorized by prior acts of the General Assembly. These authorized	9686
obligations shall be issued, subject to applicable constitutional	9687
and statutory limitations, to pay the costs associated with	9688
previously authorized capital facilities and the capital	9689
facilities referred to in Section 225.10 of this act for the	9690
Department of Youth Services.	9691

Section 227.10. All items set forth in this section are	9692
hereby appropriated out of any moneys in the state treasury to the	9693
credit of the Cultural and Sports Facilities Building Fund (Fund	9694
030), that are not otherwise appropriated.	9695

Appropriations

OHS OHIO HISTORICAL SOCIETY

9696

CAP-734		Hayes Center Renov & Repairs		$	300,000		9697
CAP-745		Renovations and Repairs		$	850,000		9698
CAP-763		Historic Site Signage		$	250,000		9699
CAP-770		Serpent Mound Improvements		$	340,000		9700
CAP-781		Information Technology Project		$	364,000		9701
CAP-784		Center Rehabilitation		$	1,035,000		9702
CAP-803		Digitization of Collections		$	300,000		9703
CAP-809		Exhibit Replace/Orientation		$	415,000		9704
CAP-910		Collections Facility Planning		$	1,240,000		9705
CAP-911		W.P. Snyder Restoration		$	876,000		9706
CAP-912		Lockington Locks Restoration		$	172,000		9707
Total Ohio Historical Society				$	6,142,000		9708

Appropriations

Section 227.20. AFC CULTURAL FACILITIES COMMISSION

9710

CAP-913		Huntington Park		$	7,000,000		9711
CAP-914		Schuster Center for the Performing Arts		$	5,500,000		9712
CAP-915		Cleveland Museum of Art		$	3,000,000		9713
CAP-916		Cincinnati Symphony Orchestra - Riverbend		$	3,000,000		9714
CAP-917		Marina District Amphitheatre		$	3,000,000		9715
CAP-918		Cincinnati Museum Center		$	2,000,000		9716
CAP-919		National Underground Railroad Freedom Center		$	2,000,000		9717
CAP-920		Cincinnati Sports Facility Improvements		$	2,000,000		9718
CAP-921		Pro Football Hall of Fame		$	1,650,000		9719
CAP-922		Heritage Center of Dayton Manufacturing & Entrepreneurship		$	1,300,000		9720
CAP-923		Western Reserve Historical Society		$	1,000,000		9721
CAP-924		Cleveland Institute of Art		$	1,000,000		9722
CAP-925		COSI Columbus		$	1,000,000		9723
CAP-926		Columbus Museum of Art		$	1,000,000		9724
CAP-927		Mason ATP Tennis Center		$	1,300,000		9725
CAP-928		Stan Hywet Hall and Gardens		$	1,175,000		9726
CAP-929		Akron Art Museum		$	1,000,000		9727
CAP-930		Sauder Village		$	830,000		9728
CAP-931		Horvitz Center for the Arts		$	750,000		9729
CAP-932		Ensemble Theatre		$	750,000		9730
CAP-933		Voice of America Museum		$	750,000		9731
CAP-934		Cleveland Steamship Mather		$	600,000		9732
CAP-935		Cuyahoga County Soldiers' and Sailors Monument		$	500,000		9733
CAP-936		King-Lincoln Arts & Entertainment District		$	500,000		9734
CAP-937		Art Academy of Cincinnati		$	500,000		9735
CAP-938		Great Lakes Historical Society		$	500,000		9736
CAP-939		McKinley Museum		$	425,000		9737
CAP-940		Charles A. Eulett Education Center and Appalachian Museum		$	300,000		9738
CAP-942		Davis Shai Historical Facility		$	300,000		9739
CAP-943		Massillon Museum		$	275,000		9740
CAP-944		The Mandel Center		$	250,000		9741
CAP-945		Worthington Arts Center		$	250,000		9742
CAP-946		CCAD		$	250,000		9743
CAP-947		BalletMet		$	250,000		9744
CAP-948		Stambaugh Hall Improvements		$	250,000		9745
CAP-949		Youngstown Symphony Orchestra		$	250,000		9746
CAP-950		Wood County Historical Center & Museum		$	220,000		9747
CAP-951		Harding Memorial		$	210,000		9748
CAP-952		Cincinnati Ballet		$	200,000		9749
CAP-953		City of Avon Stadium Complex		$	200,000		9750
CAP-954		Renaissance Performing Arts Center		$	200,000		9751
CAP-956		Oxford Arts Center Historic Renovation		$	174,000		9752
CAP-957		Wayne County Historical Society - Lincoln Highway		$	170,000		9753
CAP-958		Maumee Valley Historical Society		$	150,000		9754
CAP-959		Trumbull County Historical Society		$	150,000		9755
CAP-960		First Lunar Flight Project		$	150,000		9756
CAP-961		Holmes County Historical Society Improvements		$	140,000		9757
CAP-962		Canal Winchester Historical Society		$	125,000		9758
CAP-963		Ukrainian Museum		$	100,000		9759
CAP-964		Gordon Square Arts District		$	100,000		9760
CAP-965		Moreland Theatre Renovation		$	100,000		9761
CAP-966		Karamu House		$	100,000		9762
CAP-967		Symmes Township Historical Society - Ross House		$	100,000		9763
CAP-968		Springfield Veterans Park Amphitheatre		$	100,000		9764
CAP-969		Gallia County Historical Genealogical Society		$	100,000		9765
CAP-970		Gallia County French Art Colony		$	100,000		9766
CAP-971		The Octagon House		$	100,000		9767
CAP-972		Vinton County Stages - Pavilion Project		$	100,000		9768
CAP-973		County Line Historical Society (Wayne/Holmes)		$	100,000		9769
CAP-974		Paul Brown Museum		$	75,000		9770
CAP-975		The Works - Ohio Center for History, Art and Technology		$	75,000		9771
CAP-976		Van Wert Historical Society		$	70,000		9772
CAP-977		Indian Mill Renovations		$	66,000		9773
CAP-978		Hale Farm & Village		$	50,000		9774
CAP-979		Howe House Historic Site		$	50,000		9775
CAP-980		Beavercreek Community Theatre		$	50,000		9776
CAP-981		Jamestown Opera House		$	50,000		9777
CAP-982		Johnny Appleseed Museum		$	50,000		9778
CAP-983		Vinton County Historical Society - Alice's House Project		$	50,000		9779
CAP-984		Woodward Opera House		$	50,000		9780
CAP-985		Little Brown Jug Facility Improvements		$	50,000		9781
CAP-986		Applecreek Historical Society		$	50,000		9782
CAP-987		Wyandot Historic Building Renovation		$	50,000		9783
CAP-988		Galion Historic Big Four Depot Restoration		$	30,000		9784
CAP-989		Bucyrus Historic Depot Renovations		$	30,000		9785
CAP-990		Myers Historical Stagecoach Inn Renovation		$	25,000		9786
CAP-991		Arts West Performing Arts Center		$	25,000		9787
CAP-992		Chester Academy Historic Building		$	25,000		9788
CAP-993		Portland Civil War Museum and Historic Displays		$	25,000		9789
CAP-994		Morgan County Historic Opera House		$	25,000		9790
CAP-995		Philo Performing Arts Center		$	25,000		9791
CAP-996		Crawford Antique Museum		$	9,000		9792
CAP-997		Monroe City Historical Society Building Repairs		$	5,000		9793
CAP-998		Wright-Dunbar Historical		$	250,000		9794
Total Cultural Facilities Commission				$	50,854,000		9795
TOTAL Cultural and Sports Facilities Building Fund				$	56,996,000		9796

Section 227.30.  The Treasurer of State is hereby authorized	9798
to issue and sell, in accordance with Section 2i of Article VIII,	9799
Ohio Constitution, and Chapter 154. and other applicable sections	9800
of the Revised Code, original obligations in an aggregate	9801
principal amount not to exceed $51,000,000 in addition to the	9802
original issuance of obligations heretofore authorized by prior	9803
acts of the General Assembly. These authorized obligations shall	9804
be issued, subject to applicable constitutional and statutory	9805
limitations, to pay costs of capital facilities as defined in	9806
section 154.01 of the Revised Code, including construction as	9807
defined in division (H) of section 3383.01 of the Revised Code, of	9808
the Ohio cultural facilities designated in Sections 227.10 and	9809
227.20 of this act.	9810

Section 229.10. All items set forth in this section are	9811
hereby appropriated out of any moneys in the state treasury to the	9812
credit of the Ohio Parks and Natural Resources Fund (Fund 031),	9813
that are not otherwise appropriated.	9814

Appropriations

DNR DEPARTMENT OF NATURAL RESOURCES

9815

STATEWIDE AND LOCAL PROJECTS

9816

CAP-012		Land Acquisition - Department		$	4,325,000		9817
CAP-702		Underground Fuel Storage/Tank Removal/Replacement - Department		$	500,000		9818
CAP-748		NatureWorks Local Park Grants		$	2,846,480		9819
CAP-881		Dam Rehabilitation - Department		$	3,060,920		9820
CAP-923		Sheldon Marsh Remediation Match		$	1,000,000		9821
CAP-928		Handicapped Accessibility - Department		$	500,000		9822
CAP-929		Hazardous Waste/Asbestos Abatement - Department		$	500,000		9823
CAP-930		The WILDS		$	1,175,000		9824
CAP-931		Wastewater/Water Systems Upgrades - Department		$	2,500,000		9825
CAP-984		Belpre Swimming Pool		$	50,000		9826
Total Statewide and Local Projects				$	16,457,400		9827
Total Department of Natural Resources				$	16,457,400		9828
TOTAL Ohio Parks and Natural Resources Fund				$	16,457,400		9829

Section 229.20.  The Ohio Public Facilities Commission, upon	9831
the request of the Director of Natural Resources, is hereby	9832
authorized to issue and sell, in accordance with Section 2l of	9833
Article VIII, Ohio Constitution, and Chapter 151. and particularly	9834
sections 151.01 and 151.05 of the Revised Code, original	9835
obligations in an aggregate principal amount not to exceed	9836
$16,000,000 in addition to the original issuance of obligations	9837
heretofore authorized by prior acts of the General Assembly. These	9838
authorized obligations shall be issued, subject to applicable	9839
constitutional and statutory limitations, as needed to provide	9840
sufficient moneys to the credit of the Ohio Parks and Natural	9841
Resources Fund (Fund 031) to pay costs of capital facilities as	9842
defined in sections 151.01 and 151.05 of the Revised Code.	9843

Section 231.10. All items set forth in this section are	9844
hereby appropriated out of any moneys in the state treasury to the	9845
credit of the School Building Program Assistance Fund (Fund 032),	9846
that are not otherwise appropriated.	9847

Appropriations

SFC SCHOOL FACILITIES COMMISSION

9848

CAP-770		School Building Program Assistance		$	540,000,000		9849
Total School Facilities Commission				$	540,000,000		9850
TOTAL School Building Program Assistance Fund				$	540,000,000		9851

SCHOOL BUILDING PROGRAM ASSISTANCE

9852

The foregoing appropriation item CAP-770, School Building	9853
Program Assistance, shall be used by the School Facilities	9854
Commission to provide funding to school districts that receive	9855
conditional approval from the Commission pursuant to Chapter 3318.	9856
of the Revised Code.	9857

Section 231.20.  The Ohio Public Facilities Commission is	9858
hereby authorized to issue and sell, in accordance with Section 2n	9859
of Article VIII, Ohio Constitution, and Chapter 151. and	9860
particularly sections 151.01 and 151.03 of the Revised Code,	9861
original obligations in an aggregate principal amount not to	9862
exceed $530,000,000, in addition to the original issuance of	9863
obligations heretofore authorized by prior acts of the General	9864
Assembly. These authorized obligations shall be issued, subject to	9865
applicable constitutional and statutory limitations, to pay the	9866
costs to the state of constructing classroom facilities pursuant	9867
to sections 3318.01 to 3318.33 of the Revised Code.	9868

Section 231.30. The item set forth in this section is	9869
appropriated contingently upon Chapter 3326. of the Revised Code	9870
being enacted in other legislation. If the contingency applies,	9871
the item set forth in this section is appropriated out of any	9872
moneys in the state treasury to the credit of the School Building	9873
Program Assistance Fund (Fund 032), that are not otherwise	9874
appropriated.	9875

Appropriations

STM OHIO STEM EDUCATION AUTHORITY

9876

CAP-001		Ohio STEM Education Authority		$	16,000,000		9877
Total Ohio STEM Education Authority				$	16,000,000		9878
TOTAL School Building Program Assistance Fund				$	16,000,000		9879

OHIO STEM EDUCATION AUTHORITY

9880

The foregoing appropriation item CAP-001, Ohio STEM Education	9881
Authority, shall be used to support the capital needs of the Ohio	9882
STEM Education Authority.	9883

Section 231.40. The Ohio Public Facilities Commission is	9884
hereby authorized to issue and sell, in accordance with Section 2n	9885
of Article VIII, Ohio Constitution, and Chapter 151. and	9886
particularly sections 151.01 and 151.03 of the Revised Code,	9887
original obligations in an aggregate principal amount not to	9888
exceed $16,000,000, in addition to the original issuance of	9889
obligations heretofore authorized by Section 231.20 of this act	9890
and by prior acts of the General Assembly. These authorized	9891
obligations shall be issued, subject to applicable constitutional	9892
and statutory limitations, to pay the costs to the state of	9893
constructing classroom facilities pursuant to sections 3318.01 to	9894
3318.33 of the Revised Code.	9895

Section 233.10.10.  All items set forth in Sections 233.10.20	9896
to 233.10.50 are hereby appropriated out of any moneys in the	9897
state treasury to the credit of the Mental Health Facilities	9898
Improvement Fund (Fund 033), that are not otherwise appropriated.	9899

Appropriations

Section 233.10.20. ADA ALCOHOL AND DRUG ADDICTION SERVICES

9900

CAP-004		New Directions Residential Treatment		$	250,000		9901
CAP-005		Maryhaven Facility Improvements		$	200,000		9902
Total Alcohol and Drug Addiction Services				$	450,000		9903

Appropriations

Section 233.10.30. DMH DEPARTMENT OF MENTAL HEALTH

9905

CAP-092		Hazardous Material Abatement		$	500,000		9906
CAP-479		Community Assistance Projects		$	4,000,000		9907
CAP-946		Demolition		$	500,000		9908
CAP-978		Infrastructure Improvements		$	11,980,000		9909
CAP-986		Campus Consolidation		$	4,000,000		9910
CAP-990		Mayerson Center		$	500,000		9911
CAP-992		Chabad House		$	350,000		9912
CAP-993		Sylvania Family Services		$	250,000		9913
CAP-994		Talbert House		$	200,000		9914
Total Department of Mental Health				$	22,280,000		9915

Appropriations

Section 233.10.40. DMR DEPARTMENT OF MENTAL RETARDATION AND	9917
DEVELOPMENTAL DISABILITIES	9918

STATEWIDE AND CENTRAL OFFICE PROJECTS

9919

CAP-480		Community Assistance Projects		$	12,000,000		9920
CAP-885		Bellefaire Jewish Children's Bureau		$	750,000		9921
CAP-886		Berea Children's Home		$	250,000		9922
CAP-887		North Olmstead Welcome House		$	100,000		9923
CAP-888		The Aullwood Audubon Center		$	100,000		9924
CAP-889		Kamp Dovetail Project at Rocky Fork Lake State Park		$	100,000		9925
CAP-912		Telecommunications		$	765,000		9926
CAP-941		Emergency Generator Replacement		$	1,000,000		9927
CAP-955		Statewide Development Centers		$	6,212,373		9928
CAP-981		Emergency Improvements		$	500,000		9929
Total Statewide and Central Office Projects				$	21,777,373		9930
TOTAL Department of Mental Retardation and Developmental Disabilities				$	21,777,373		9931
TOTAL MENTAL HEALTH FACILITIES IMPROVEMENT FUND				$	44,507,373		9932

COMMUNITY ASSISTANCE PROJECTS

9933

The foregoing appropriation item CAP-480, Community	9934
Assistance Projects, may be used to provide community assistance	9935
funds for the development, purchase, construction, or renovation	9936
of facilities for day programs or residential programs that	9937
provide services to persons eligible for services from the	9938
Department of Mental Retardation and Developmental Disabilities or	9939
county boards of mental retardation and developmental	9940
disabilities. Any funds provided to nonprofit agencies for the	9941
construction or renovation of facilities for persons eligible for	9942
services from the Department of Mental Retardation and	9943
Developmental Disabilities and county boards of mental retardation	9944
and developmental disabilities shall be governed by the prevailing	9945
wage provisions in section 176.05 of the Revised Code.	9946

Section 233.10.50. The foregoing appropriations for the	9947
Department of Mental Health, CAP-479, Community Assistance	9948
Projects, and the Department of Mental Retardation and	9949
Developmental Disabilities, CAP-480, Community Assistance	9950
Projects, may be used on facilities constructed or to be	9951
constructed pursuant to Chapter 340., 3793., 5119., 5123., or	9952
5126. of the Revised Code or the authority granted by section	9953
154.20 of the Revised Code and the rules issued pursuant to those	9954
chapters and shall be distributed by the Department of Mental	9955
Health and the Department of Mental Retardation and Developmental	9956
Disabilities, all subject to Controlling Board approval.	9957

Section 233.10.60.  (A) No capital improvement appropriations	9958
made in Sections 233.10.10 to 233.10.50 of this act shall be	9959
released for planning or for improvement, renovation, or	9960
construction or acquisition of capital facilities if a	9961
governmental agency, as defined in section 154.01 of the Revised	9962
Code, does not own the real property that constitutes the capital	9963
facilities or on which the capital facilities are or will be	9964
located. This restriction does not apply in any of the following	9965
circumstances:	9966

(1) The governmental agency has a long-term (at least fifteen	9967
years) lease of, or other interest (such as an easement) in, the	9968
real property.	9969

(2) In the case of an appropriation for capital facilities	9970
that, because of their unique nature or location, will be owned or	9971
be part of facilities owned by a separate nonprofit organization	9972
and made available to the governmental agency for its use or	9973
operated by the nonprofit organization under contract with the	9974
governmental agency, the nonprofit organization either owns or has	9975
a long-term (at least fifteen years) lease of the real property or	9976
other capital facility to be improved, renovated, constructed, or	9977
acquired and has entered into a joint or cooperative use	9978
agreement, approved by the Department of Mental Health or the	9979
Department of Mental Retardation and Developmental Disabilities,	9980
whichever is applicable, with the governmental agency for that	9981
agency's use of and right to use the capital facilities to be	9982
financed and, if applicable, improved, the value of such use or	9983
right to use being, as determined by the parties, reasonably	9984
related to the amount of the appropriation.	9985

(B) In the case of capital facilities referred to in division	9986
(A)(2) of this section, the joint or cooperative use agreement	9987
shall include, as a minimum, provisions that:	9988

(1) Specify the extent and nature of that joint or	9989
cooperative use, extending for not fewer than fifteen years, with	9990
the value of such use or right to use to be, as determined by the	9991
parties and approved by the approving department, reasonably	9992
related to the amount of the appropriation;	9993

(2) Provide for pro rata reimbursement to the state should	9994
the arrangement for joint or cooperative use by a governmental	9995
agency be terminated;	9996

(3) Provide that procedures to be followed during the capital	9997
improvement process will comply with appropriate applicable state	9998
laws and rules, including the provisions of this act.	9999

Section 233.10.70.  The Treasurer of State is hereby	10000
authorized to issue and sell in accordance with Section 2i of	10001
Article VIII, Ohio Constitution, and Chapter 154. of the Revised	10002
Code, particularly section 154.20 of the Revised Code, original	10003
obligations in an aggregate principal amount not to exceed	10004
$49,000,000 in addition to the original issuance of obligations	10005
heretofore authorized by prior acts of the General Assembly. These	10006
authorized obligations shall be issued, subject to applicable	10007
constitutional and statutory limitations, to pay costs of capital	10008
facilities as defined in section 154.01 of the Revised Code for	10009
mental hygiene and retardation.	10010

Section 235.10.10.  All items set forth in Sections 235.10.20	10011
to 235.50.80 are hereby appropriated out of any moneys in the	10012
state treasury to the credit of the Higher Education Improvement	10013
Fund (Fund 034), that are not otherwise appropriated.	10014

Appropriations

Section 235.10.20. ETC ETECH OHIO

10015

CAP-001		Educational TV and Radio Equipment		$	1,000,000		10016
CAP-003		ETC Ohio Government Telecomm		$	310,000		10017
Total eTech Ohio				$	1,310,000		10018

Appropriations

Section 235.10.30. BOARD OF REGENTS AND STATE INSTITUTIONS OF	10020
HIGHER EDUCATION	10021

BOR BOARD OF REGENTS

10022

CAP-025		Instructional and Data Processing Equipment		$	23,783,697		10023
CAP-029		Ohio Library and Information Network		$	5,410,000		10024
CAP-030		Ohio Supercomputer Center Expansion		$	7,480,000		10025
CAP-031		Ohio Aerospace Institute		$	200,000		10026
CAP-032		Research Facility Action and Investment Funds		$	5,500,000		10027
CAP-060		Technology Initiatives		$	2,000,000		10028
CAP-062		Non-credit Job Training Facilities		$	2,350,000		10029
CAP-068		Third Frontier Wright Capital		$	50,000,000		10030
CAP-070		Dark Fiber/OARnet		$	4,950,000		10031
CAP-082		Supplemental Renovations - Library Depositories		$	2,000,000		10032
CAP-083		Central State Supplement		$	1,000,000		10033
CAP-084		University Hospitals Ireland Cancer Center		$	5,000,000		10034
CAP-085		315 Research and Technology Corridor		$	2,000,000		10035
CAP-087		Youngstown Technology Center		$	2,750,000		10036
CAP-088		Cleveland Clinic-Glickman Tower		$	1,000,000		10037
CAP-089		MetroHealth Senior Health and Wellness Center		$	1,000,000		10038
CAP-090		Columbus Children's Hospital Amphitheater		$	700,000		10039
CAP-091		CWRU Mt. Sinai Skills and Simulation Center		$	500,000		10040
CAP-092		Shawnee State Motion Capture Studio Project		$	281,300		10041
CAP-093		Central Ohio Research Data Network-New Albany		$	250,000		10042
CAP-094		Clintonville Fiber Project		$	100,000		10043
Total Board of Regents				$	118,254,997		10044

Section 235.10.40. RESEARCH FACILITY ACTION AND INVESTMENT	10046
FUNDS	10047

The foregoing appropriation item CAP-032, Research Facility	10048
Action and Investment Funds, shall be used for a program of grants	10049
to be administered by the Board of Regents to provide timely	10050
availability of capital facilities for research programs and	10051
research-oriented instructional programs at or involving	10052
state-supported and state-assisted institutions of higher	10053
education.	10054

Section 235.10.50. THIRD FRONTIER WRIGHT CAPITAL

10055

The foregoing appropriation item CAP-068, Third Frontier	10056
Wright Capital, shall be used to acquire, renovate, or construct	10057
facilities and purchase equipment for research programs,	10058
technology development, product development, and commercialization	10059
programs at or involving state-supported and state-assisted	10060
institutions of higher education. The funds shall be used to make	10061
grants awarded on a competitive basis, and shall be administered	10062
by the Third Frontier Commission. Expenditure of these funds shall	10063
comply with Section 2n of Article VIII, Ohio Constitution, and	10064
sections 151.01 and 151.04 of the Revised Code for the period	10065
beginning July 1, 2006, and ending June 30, 2008.	10066

The Third Frontier Commission shall develop guidelines	10067
relative to the application for and selection of projects funded	10068
from appropriation item CAP-068, Third Frontier Wright Capital.	10069
The Commission may develop these guidelines in consultation with	10070
other interested parties. The Board of Regents and all	10071
state-assisted and state-supported institutions of higher	10072
education shall take all actions necessary to implement grants	10073
awarded by the Third Frontier Commission.	10074

The foregoing appropriation item CAP-068, Third Frontier	10075
Wright Capital, for which an appropriation is made from the Higher	10076
Education Improvement Fund (Fund 034), is determined to consist of	10077
capital improvements and capital facilities for state-supported	10078
and state-assisted institutions of higher education, and is	10079
designated for the capital facilities to which proceeds of	10080
obligations in the Higher Education Improvement Fund (Fund 034)	10081
are to be applied.	10082

Section 235.10.60. REIMBURSEMENT FOR PROJECT COSTS

10083

Appropriations made in Sections 235.10.10 to 235.50.80 of	10084
this act for purposes of costs of capital facilities for the	10085
interim financing of which the particular institution has	10086
previously issued its own obligations anticipating the possibility	10087
of future state appropriations to pay all or a portion of such	10088
costs, as contemplated in division (B) of section 3345.12 of the	10089
Revised Code, shall be paid directly to the institution or the	10090
paying agent for those outstanding obligations in the full	10091
principal amount of those obligations then to be paid from the	10092
anticipated appropriation, and shall be timely applied to the	10093
retirement of a like principal amount of the institution's	10094
obligations.	10095

Appropriations made in Sections 235.10.10 to 235.50.80 of	10096
this act for purposes of costs of capital facilities, all or a	10097
portion of which costs the particular institution has paid from	10098
the institution's moneys that were temporarily available and which	10099
expenditures were reasonably expected at the time of the advance	10100
by the institution to be reimbursed from the proceeds of	10101
obligations issued by the state, shall be directly paid to the	10102
institution in the full amounts of those payments, and shall be	10103
timely applied to the reimbursement of those temporarily available	10104
moneys. All reimbursements are subject to review and approval	10105
through the capital release process.	10106

Appropriations

Section 235.10.70. UAK UNIVERSITY OF AKRON

10107

CAP-008		Basic Renovations		$	6,260,392		10108
CAP-047		Polsky Building Rehabilitation		$	949,082		10109
CAP-049		Basic Renovations-Wayne		$	215,241		10110
CAP-054		Auburn West Tower Rehabilitation Phase III		$	6,026,253		10111
CAP-119		Wayne College Renovations/Expansion		$	709,805		10112
CAP-121		Administration Building Phase II		$	1,344,536		10113
CAP-122		Polymer Processing Center Phase I		$	4,935,457		10114
CAP-123		Medina County University Center (UAK)		$	1,500,000		10115
CAP-124		Fuel Cell Project at University of Akron		$	1,000,000		10116
Total University of Akron				$	22,940,766		10117

Appropriations

Section 235.10.80. BGU BOWLING GREEN STATE UNIVERSITY

10119

CAP-009		Basic Renovations		$	4,746,508		10120
CAP-060		Basic Renovations-Firelands		$	351,961		10121
CAP-127		Instructional Laboratory Phase II		$	836,265		10122
CAP-131		Health Center Addition		$	9,750,000		10123
CAP-132		Student Services Building Replacement		$	8,100,000		10124
CAP-133		BGSU Aviation Improvements		$	500,000		10125
Total Bowling Green University				$	24,284,734		10126

Appropriations

Section 235.10.90. CSU CENTRAL STATE UNIVERSITY

10128

CAP-022		Basic Renovations		$	1,182,374		10129
CAP-084		Center for Education & Natural Sciences Phase II Construction		$	6,023,789		10130
Total Central State University				$	7,206,163		10131

Appropriations

Section 235.20.10. UCN UNIVERSITY OF CINCINNATI

10132

CAP-009		Basic Renovations		$	11,936,927		10133
CAP-018		Basic Renovations-Clermont		$	315,249		10134
CAP-054		Raymond Walters Renovations		$	568,630		10135
CAP-205		Medical Science Building Renovation and Expansion (CARE)		$	17,285,021		10136
CAP-224		Van Wormer Renovation		$	3,600,000		10137
CAP-263		Swift Renovation		$	2,540,000		10138
CAP-313		Expand Clermont		$	785,062		10139
CAP-353		Zimmer Plaza/Auditorium Renovation		$	3,600,000		10140
CAP-354		RWC Technology Center		$	1,534,608		10141
CAP-355		Barrett Cancer Center		$	2,500,000		10142
CAP-356		Freestore Foodbank		$	1,000,000		10143
CAP-357		Sharonville Convention Center		$	550,000		10144
CAP-358		Hebrew Union College Archives Project		$	350,000		10145
CAP-359		Consolidated Communications Project of Clermont County		$	300,000		10146
CAP-360		People Working Cooperatively		$	75,000		10147
Total University of Cincinnati				$	46,940,497		10148

Appropriations

Section 235.20.20. CLS CLEVELAND STATE UNIVERSITY

10150

CAP-023		Basic Renovations		$	3,796,031		10151
CAP-125		College of Education		$	10,115,719		10152
CAP-163		Anthropology Department Renovations/Relocation		$	400,000		10153
CAP-164		Chester Building Annex Demolition		$	921,583		10154
CAP-165		Bakers Building Renovations		$	1,328,583		10155
CAP-166		Playhouse Square Center - Hanna Theatre		$	750,000		10156
CAP-167		Cleveland State University Windtower Generator Project		$	400,000		10157
CAP-168		Kenston Wind Turbine Project in Geauga (CSU Engineering Department)		$	300,000		10158
Total Cleveland State University				$	18,011,916		10159

Appropriations

Section 235.20.30. KSU KENT STATE UNIVERSITY

10161

CAP-022		Basic Renovations		$	5,729,827		10162
CAP-105		Basic Renovations-East Liverpool		$	240,437		10163
CAP-106		Basic Renovations-Geauga		$	74,459		10164
CAP-107		Basic Renovations-Salem		$	167,621		10165
CAP-108		Basic Renovations-Stark		$	566,473		10166
CAP-110		Basic Renovations-Ashtabula		$	282,463		10167
CAP-111		Basic Renovations-Trumbull		$	552,348		10168
CAP-112		Basic Renovations-Tuscarawas		$	371,018		10169
CAP-212		Health Science Building		$	768,084		10170
CAP-262		Gym Renovations, Construction Phase		$	566,617		10171
CAP-266		Fine & Performing Arts Center, Planning Phase		$	911,738		10172
CAP-277		Bowman Hall Chilled Water Plant		$	2,250,000		10173
CAP-278		Electrical Infrastructure Improvements		$	808,800		10174
CAP-279		Oscar Ritchie Hall Rehabilitation		$	10,455,000		10175
CAP-280		Taylor Hall Renovation, Phase I		$	750,000		10176
CAP-281		Music/Speech Center Renovation, Phase I		$	1,262,807		10177
CAP-282		Classroom Building Renovation, Phase I		$	415,662		10178
CAP-283		Classroom Addition/Renovation Planning		$	279,901		10179
CAP-284		Main Hall Science Lab/Nurse Addition		$	1,165,436		10180
CAP-285		Classroom Building Renovation		$	640,399		10181
CAP-286		Fire Alarm System Upgrade		$	375,000		10182
CAP-287		Blossom Music Center		$	2,000,000		10183
CAP-288		Columbiana County Port Authority Coal Liquification Project		$	500,000		10184
CAP-289		Kent State University - Hillel		$	400,000		10185
Total Kent State University				$	31,534,090		10186

Appropriations

Section 235.20.40. MUN MIAMI UNIVERSITY

10188

CAP-018		Basic Renovations		$	5,465,380		10189
CAP-066		Basic Renovations - Hamilton		$	595,995		10190
CAP-069		Basic Renovations - Middletown		$	546,243		10191
CAP-160		Benton Hall Rehabilitation		$	3,900,000		10192
CAP-161		Kreger-Robertson Hall Renovation		$	1,000,000		10193
CAP-162		Richard T. Farmer School of Business		$	3,000,000		10194
CAP-163		Upham Hall North Wing Rehabilitation		$	500,000		10195
CAP-164		Warfield Hall Rehabilitation		$	3,699,024		10196
CAP-165		Pearson Hall Laboratories		$	997,408		10197
CAP-166		Academic/Administration & General Improvement Project		$	1,153,217		10198
CAP-167		Academic/Administration & Renovation Project		$	1,526,909		10199
Total Miami University				$	22,384,176		10200

Appropriations

Section 235.20.50. OSU OHIO STATE UNIVERSITY

10202

CAP-074		Basic Renovations		$	26,062,119		10203
CAP-149		Basic Renovations - Regional Campuses		$	4,777,451		10204
CAP-255		Supplemental Renovations - OARDC		$	829,170		10205
CAP-534		Main Library Rehabilitation/Expansion		$	50,841,261		10206
CAP-736		Brown Hall Renovation/Replacement		$	3,500,000		10207
CAP-737		Hughes Hall Renovation		$	1,500,000		10208
CAP-738		COMPH Academic Center		$	5,000,000		10209
CAP-739		Murray Hall Renovation		$	1,000,000		10210
CAP-740		New Student Life Building		$	1,000,000		10211
CAP-741		Founders/Hopewell Hall Renovation		$	1,960,080		10212
CAP-742		Agricultural and Biological Engineering Building Renovation		$	4,000,000		10213
CAP-743		Selby Hall Phytotron Facility Renovation		$	2,000,000		10214
CAP-744		Stone Laboratory Research Facility Improvements		$	500,000		10215
CAP-745		OSU Extension Safety Improvements in Madison County		$	94,000		10216
CAP-746		Camp Clifton Improvements		$	90,000		10217
CAP-747		Delaware Speech & Hearing with OSU Medical College		$	75,000		10218
Total Ohio State University				$	103,229,081		10219

FEED MILL REPLACEMENT PROJECT

10220

Notwithstanding anything to the contrary in sections 9.33,	10221
123.01, and 3345.50 and Chapter 153. of the Revised Code, the Ohio	10222
State University may negotiate, enter into, and locally administer	10223
a contract that combines the design and construction elements of	10224
the project into a single contract for the feed mill replacement	10225
project, funded with appropriations in the foregoing appropriation	10226
item CAP-255, Supplemental Renovations - OARDC, including any	10227
reappropriation amount made to appropriation item CAP-492, OARDC	10228
Feed Mill, in Am. Sub. H.B. 530 of the 126th General Assembly.	10229

Appropriations

Section 235.20.60. OHU OHIO UNIVERSITY

10230

CAP-020		Basic Renovations		$	7,091,427		10231
CAP-095		Basic Renovations - Eastern		$	257,411		10232
CAP-098		Basic Renovations - Lancaster		$	360,387		10233
CAP-099		Basic Renovations - Zanesville		$	328,368		10234
CAP-113		Basic Renovations - Chillicothe		$	305,706		10235
CAP-114		Basic Renovations - Ironton		$	259,241		10236
CAP-216		Southern - Land Acquisition		$	200,000		10237
CAP-222		Clippinger Lab Rehabilitation Phase I		$	1,000,000		10238
CAP-223		Alden Library Rehabilitation Phase I		$	1,000,000		10239
CAP-224		University Center		$	5,210,000		10240
CAP-225		Lausche Heating Plant Phase III		$	2,175,000		10241
CAP-233		Integrated Learning and Research Facility		$	1,431,170		10242
CAP-234		Porter Hall Addition		$	3,681,170		10243
CAP-235		Supplemental Basic Renovations		$	1,000,000		10244
CAP-236		College of Communication Baker RTVC Redevelopment		$	2,400,000		10245
CAP-237		Shannon Hall Interior Renovation		$	384,090		10246
CAP-238		Ohio University Eastern Campus Health and Education Center		$	200,157		10247
CAP-239		Stevenson Student Service Area		$	704,720		10248
CAP-240		Shoemaker A/C Completion		$	259,096		10249
CAP-241		Proctorville Parking - Site Improvement		$	200,000		10250
CAP-242		Southern - Student Activity Office Renovation		$	193,491		10251
CAP-243		Lancaster Community Conference 7 Events Center		$	954,647		10252
CAP-244		Elson Hall 2nd Floor Renovation		$	924,481		10253
CAP-245		Road Widening and Campus Gate		$	120,000		10254
CAP-246		Ohio University Integrated Learning and Research Facility		$	1,000,000		10255
CAP-247		Ohio University Southern Ohio Proctorville Center Improvements		$	90,000		10256
Total Ohio University				$	31,730,562		10257

Appropriations

Section 235.20.70. SSC SHAWNEE STATE UNIVERSITY

10259

CAP-004		Basic Renovations		$	1,226,165		10260
CAP-053		University Center Renovation		$	1,726,006		10261
Total Shawnee State University				$	2,952,171		10262

Appropriations

Section 235.20.80. UTO UNIVERSITY OF TOLEDO

10264

CAP-010		Basic Renovations		$	6,131,561		10265
CAP-129		Science/Laboratory Building		$	4,042,523		10266
CAP-136		CBLE - Stranahan Hall Addition		$	6,000,000		10267
CAP-137		Chilled Water Plant Equipment		$	1,756,000		10268
CAP-138		Steam & Chilled Water Line Extension		$	1,450,304		10269
CAP-139		North Engineering Renovation		$	1,000,000		10270
CAP-140		Northwest Ohio Science & Technology Corridor		$	1,000,000		10271
Total University of Toledo				$	21,380,388		10272

Appropriations

Section 235.20.90. WSU WRIGHT STATE UNIVERSITY

10274

CAP-015		Basic Renovations		$	4,384,404		10275
CAP-064		Basic Renovations - Lake		$	137,381		10276
CAP-119		Science Lab Renovations		$	9,886,492		10277
CAP-134		Lake Campus Rehabilitation		$	478,906		10278
CAP-135		Advanced Technical Intelligence Center (ATIC)		$	2,500,000		10279
CAP-136		Welcome Stadium Project		$	1,600,000		10280
CAP-137		Consolidated Communications Project of Greene County		$	750,000		10281
CAP-139		Glenn Helen Preserve Ecology Art Classroom		$	15,000		10282
Total Wright State University				$	19,752,183		10283

Appropriations

Section 235.30.10. YSU YOUNGSTOWN STATE UNIVERSITY

10285

CAP-014		Basic Renovations		$	3,841,621		10286
CAP-125		Campus-wide Building Systems Upgrades		$	1,950,000		10287
CAP-133		Campus Development		$	1,500,000		10288
CAP-134		Instructional Space Upgrades		$	900,000		10289
CAP-135		College of Business		$	6,224,834		10290
Total Youngstown State University				$	14,416,455		10291

Appropriations

Section 235.30.20. MCO MEDICAL COLLEGE OF OHIO

10293

CAP-010		Basic Renovations		$	1,893,176		10294
CAP-066		Core Research Facility Construction - Phase II		$	1,800,720		10295
CAP-078		Clinical/Academic Renovation		$	900,350		10296
CAP-081		Resource & Community Learning Center		$	900,360		10297
CAP-082		Campus Energy Plant - Phase I		$	900,350		10298
Total Medical College of Ohio				$	6,394,956		10299

Appropriations

Section 235.30.30. NEM NORTHEASTERN OHIO UNIVERSITIES COLLEGE	10301
OF MEDICINE	10302

CAP-018		Basic Renovations		$	679,957		10303
CAP-048		Rehabilitation of Multi-Disciplinary Laboratories		$	1,473,952		10304
Total Northeastern Ohio Universities College of Medicine				$	2,153,909		10305

Appropriations

Section 235.30.40. CTC CINCINNATI STATE COMMUNITY COLLEGE

10307

CAP-013		Basic Renovations		$	1,449,887		10308
CAP-039		Brick Repair and Weather Proofing		$	225,359		10309
CAP-040		Energy Management - Motor Replacement		$	377,899		10310
CAP-041		Roof Replacement		$	661,573		10311
CAP-042		Neighborhood Health Care		$	175,000		10312
Total Cincinnati State Community College				$	2,889,718		10313

Appropriations

Section 235.30.50. CLT CLARK STATE COMMUNITY COLLEGE

10315

CAP-006		Basic Renovations		$	628,411		10316
CAP-041		Sarah T. Landess Technology and Learning Center		$	146,313		10317
CAP-045		Performing Arts Center Expansion		$	970,607		10318
CAP-046		Library Resource Center Addition		$	300,000		10319
CAP-047		Clark State Community College Facility Purchase		$	150,000		10320
CAP-048		Clark State Health and Education Center		$	100,000		10321
Total Clark State Community College				$	2,295,331		10322

Appropriations

Section 235.30.60. CTI COLUMBUS STATE COMMUNITY COLLEGE

10324

CAP-006		Basic Renovations		$	1,803,681		10325
CAP-054		Renovations/Addition - Delaware Hall		$	4,728,428		10326
CAP-055		Planning Moneys for Building "F"		$	1,310,554		10327
Total Columbus State Community College				$	7,842,663		10328

Appropriations

Section 235.30.70. CCC CUYAHOGA COMMUNITY COLLEGE

10330

CAP-031		Basic Renovations		$	3,866,782		10331
CAP-095		Collegewide Asset Protection and Building Codes Upgrade		$	2,411,797		10332
CAP-099		Hospitality Management Program		$	4,000,000		10333
CAP-100		Theater/Auditorium Renovations		$	4,036,552		10334
CAP-101		Nursing Clinical Simulation Center		$	250,000		10335
CAP-102		Rock and Roll Hall of Fame Archives		$	200,000		10336
Total Cuyahoga Community College				$	14,765,131		10337

Appropriations

Section 235.30.80. ESC EDISON STATE COMMUNITY COLLEGE

10339

CAP-006		Basic Renovations		$	422,154		10340
CAP-023		Regional Centers of Excellence		$	3,375,000		10341
CAP-024		Edison State Community College Regional Center for Excellence		$	250,000		10342
Total Edison State Community College				$	4,047,154		10343

Appropriations

Section 235.30.90. JTC JEFFERSON COMMUNITY COLLEGE

10345

CAP-022		Basic Renovations		$	331,514		10346
CAP-044		Second Floor Business & Industry Technical Center		$	725,443		10347
Total Jefferson Community College				$	1,056,957		10348

Appropriations

Section 235.40.10. LCC LAKELAND COMMUNITY COLLEGE

10350

CAP-006		Basic Renovations		$	1,302,992		10351
CAP-045		Instructional Use/University Partnership Building		$	2,433,264		10352
Total Lakeland Community College				$	3,736,256		10353

Appropriations

Section 235.40.20. LOR LORAIN COMMUNITY COLLEGE

10355

CAP-005		Basic Renovations		$	1,432,562		10356
CAP-045		HPER Rehabilitation		$	2,645,970		10357
Total Lorain Community College				$	4,078,532		10358

Appropriations

Section 235.40.30. NTC NORTHWEST STATE COMMUNITY COLLEGE

10360

CAP-003		Basic Renovations		$	417,030		10361
Total Northwest State Community College				$	417,030		10362

Appropriations

Section 235.40.40. OTC OWENS COMMUNITY COLLEGE

10364

CAP-019		Basic Renovations		$	2,123,075		10365
CAP-042		Campus Expansion - Penta Acquisition		$	12,000,000		10366
CAP-043		Center for Emergency Preparedness, Phase IV		$	493,940		10367
CAP-044		The Max Albon Center		$	550,000		10368
Total Owens Community College				$	15,167,015		10369

Appropriations

Section 235.40.50. RGC RIO GRANDE COMMUNITY COLLEGE

10371

CAP-005		Basic Renovations		$	548,241		10372
Total Rio Grande Community College				$	548,241		10373

Appropriations

Section 235.40.60. SCC SINCLAIR COMMUNITY COLLEGE

10375

CAP-007		Basic Renovations		$	2,863,978		10376
CAP-062		Consolidated Communications Project - Montgomery		$	1,500,000		10377
Total Sinclair Community College				$	4,363,978		10378

Appropriations

Section 235.40.70. SOC SOUTHERN STATE COMMUNITY COLLEGE

10380

CAP-010		Basic Renovations		$	428,025		10381
CAP-027		Southern State Community College Laboratory and Classroom Building		$	1,000,000		10382
Total Southern State Community College				$	1,428,025		10383

Appropriations

Section 235.40.80. TTC TERRA STATE COMMUNITY COLLEGE

10385

CAP-009		Basic Renovations		$	442,291		10386
Total Terra State Community College				$	442,291		10387

Appropriations

Section 235.40.90. WTC WASHINGTON STATE COMMUNITY COLLEGE

10389

CAP-006		Basic Renovations		$	385,546		10390
CAP-021		Washington State Community College Health Sciences Center		$	350,000		10391
CAP-022		Washington State Community College Center for Higher Education		$	25,000		10392
Total Washington State Community College				$	760,546		10393

Appropriations

Section 235.50.10. BTC BELMONT TECHNICAL COLLEGE

10395

CAP-008		Basic Renovations		$	309,432		10396
Total Belmont Technical College				$	309,432		10397

Appropriations

Section 235.50.20. COT CENTRAL OHIO TECHNICAL COLLEGE

10399

CAP-003		Basic Renovations		$	333,331		10400
CAP-015		Founders/Hopewell Hall Renovation		$	1,538,362		10401
CAP-016		Roscoe Village Inn Renovation		$	500,000		10402
Total Central Ohio Technical College				$	2,371,693		10403

Appropriations

Section 235.50.30. HTC HOCKING TECHNICAL COLLEGE

10405

CAP-019		Basic Renovations		$	693,603		10406
CAP-042		McClenaghan Center for Hospitality Training		$	1,838,986		10407
Total Hocking Technical College				$	2,532,589		10408

Appropriations

Section 235.50.40. LTC JAMES RHODES STATE COLLEGE

10410

CAP-004		Basic Renovations		$	431,960		10411
CAP-018		Community Union		$	1,045,625		10412
Total James Rhodes State College				$	1,477,585		10413

Appropriations

Section 235.50.50. MTC MARION TECHNICAL COLLEGE

10415

CAP-004		Basic Renovations		$	166,413		10416
CAP-013		Classroom/Student Resource Center		$	3,500,000		10417
Total Marion Technical College				$	3,666,413		10418

Appropriations

Section 235.50.60. MAT ZANE STATE COLLEGE

10420

CAP-007		Basic Renovations		$	402,714		10421
CAP-023		Willet-Pratt Center Expansion		$	750,000		10422
Total Zane State College				$	1,152,714		10423

Appropriations

Section 235.50.70. NCC NORTH CENTRAL TECHNICAL COLLEGE

10425

CAP-003		Basic Renovations		$	515,249		10426
CAP-016		Health Sciences Center Rehabilitation		$	1,035,150		10427
CAP-017		Kehoe Center Rehabilitation		$	419,655		10428
Total North Central Technical College				$	1,970,054		10429

Appropriations

Section 235.50.80. STC STARK TECHNICAL COLLEGE

10431

CAP-004		Basic Renovations		$	277,804		10432
CAP-039		Health & Science Building		$	5,097,338		10433
Total Stark Technical College				$	5,375,142		10434
Total Board of Regents and							10435
Institutions of Higher Education				$	576,261,534		10436
TOTAL Higher Education Improvement Fund				$	577,571,534		10437

Section 235.50.90. DEBT SERVICE FORMULA ALLOCATION

10439

Based on the foregoing appropriations in Sections 235.10.70	10440
to 235.50.80 of this act, from Fund 034, Higher Education	10441
Improvement Fund, the following higher education institutions	10442
shall be responsible for the specified amounts as part of the debt	10443
service component of the instructional subsidy beginning in fiscal	10444
year 2008:	10445

INSTITUTION			AMOUNT		10446
University of Akron		$	13,255,328		10447
University of Akron - Wayne		$	709,805		10448
Bowling Green State University		$	17,300,000		10449
Bowling Green State University - Firelands		$	836,265		10450
Central State University		$	2,023,789		10451
University of Cincinnati		$	27,025,021		10452
University of Cincinnati - Clermont		$	785,062		10453
University of Cincinnati - Walters		$	1,534,608		10454
Cleveland State University		$	11,437,302		10455
Kent State University		$	15,526,607		10456
Kent State University - Ashtabula		$	768,084		10457
Kent State University - East Liverpool		$	415,662		10458
Kent State University - Geauga		$	279,901		10459
Kent State University - Salem		$	566,617		10460
Kent State University - Stark		$	1,165,436		10461
Kent State University - Trumbull		$	1,015,399		10462
Kent State University - Tuscarawas		$	911,738		10463
Miami University		$	13,096,432		10464
Miami University - Hamilton		$	1,153,217		10465
Miami University - Middletown		$	1,526,909		10466
Ohio State University		$	61,841,261		10467
Ohio State University - Lima		$	1,000,000		10468
Ohio State University - Newark		$	1,960,080		10469
Ohio State University - OARDC		$	6,829,170		10470
Ohio University		$	17,897,340		10471
Ohio University - Eastern		$	584,247		10472
Ohio University - Chillicothe		$	963,816		10473
Ohio University - Southern		$	593,491		10474
Ohio University - Lancaster		$	890,535		10475
Ohio University - Zanesville		$	1,044,481		10476
Shawnee State University		$	1,726,006		10477
University of Toledo		$	14,248,827		10478
Wright State University		$	9,886,492		10479
Wright State University - Lake		$	478,906		10480
Youngstown State University		$	10,574,834		10481
Medical University of Ohio		$	4,501,780		10482
Northeastern Ohio Universities College of Medicine		$	1,473,952		10483
Cincinnati State Community College		$	1,145,659		10484
Clark State Community College		$	1,416,920		10485
Columbus State Community College		$	6,038,982		10486
Cuyahoga Community College		$	10,448,349		10487
Edison State Community College		$	3,375,000		10488
Jefferson Community College		$	725,443		10489
Lakeland Community College		$	2,766,142		10490
Lorain County Community College		$	2,645,970		10491
Central Ohio Technical College		$	1,538,362		10492
Hocking Technical College		$	1,838,986		10493
James Rhodes State Technical College		$	1,045,625		10494
Zane State College		$	757,271		10495
North Central Technical College		$	1,354,805		10496
Stark Technical College		$	1,871,379		10497

Institutions not listed above shall not have a debt service	10498
obligation as a result of these appropriations.	10499

Within sixty days after the effective date of this section,	10500
any institution of higher education may notify the Board of	10501
Regents of its intention not to proceed with any project	10502
appropriated in this act. Upon receiving such notification, the	10503
Board of Regents may release the institution from its debt service	10504
obligation for the specific project.	10505

Section 235.60.10.  For all of the foregoing appropriation	10506
items from the Higher Education Improvement Fund (Fund 034) that	10507
require local funds to be contributed by any state-supported or	10508
state-assisted institution of higher education, the Ohio Board of	10509
Regents shall not recommend that any funds be released until the	10510
recipient institution demonstrates to the Board of Regents and the	10511
Office of Budget and Management that the local funds contribution	10512
requirement has been secured or satisfied. The local funds shall	10513
be in addition to the foregoing appropriations.	10514

Section 235.60.20.  The Ohio Public Facilities Commission is	10515
hereby authorized to issue and sell, in accordance with Section 2n	10516
of Article VIII, Ohio Constitution, and Chapter 151. and	10517
particularly sections 151.01 and 151.04 of the Revised Code,	10518
original obligations in an aggregate principal amount not to	10519
exceed $572,000,000, in addition to the original issuance of	10520
obligations heretofore authorized by prior acts of the General	10521
Assembly. These authorized obligations shall be issued, subject to	10522
applicable constitutional and statutory limitations, to pay costs	10523
of capital facilities as defined in sections 151.01 and 151.04 of	10524
the Revised Code for state-supported and state-assisted	10525
institutions of higher education.	10526

Section 235.60.30.  None of the foregoing capital	10527
improvements appropriations for state-supported or state-assisted	10528
institutions of higher education shall be expended until the	10529
particular appropriation has been recommended for release by the	10530
Ohio Board of Regents and released by the Director of Budget and	10531
Management or the Controlling Board. Either the institution	10532
concerned, or the Ohio Board of Regents with the concurrence of	10533
the institution concerned, may initiate the request to the	10534
Director of Budget and Management or the Controlling Board for the	10535
release of the particular appropriations.	10536

Section 235.60.40.  (A) No capital improvement appropriations	10537
made in Sections 235.10.10 to 235.50.80 of this act shall be	10538
released for planning or for improvement, renovation,	10539
construction, or acquisition of capital facilities if the	10540
institution of higher education or the state does not own the real	10541
property on which the capital facilities are or will be located.	10542
This restriction does not apply in any of the following	10543
circumstances:	10544

(1) The institution has a long-term (at least fifteen years)	10545
lease of, or other interest (such as an easement) in, the real	10546
property.	10547

(2) The Ohio Board of Regents certifies to the Controlling	10548
Board that undue delay will occur if planning does not proceed	10549
while the property or property interest acquisition process	10550
continues. In this case, funds may be released upon approval of	10551
the Controlling Board to pay for planning through the development	10552
of schematic drawings only.	10553

(3) In the case of an appropriation for capital facilities	10554
that, because of their unique nature or location, will be owned or	10555
will be part of facilities owned by a separate nonprofit	10556
organization or public body and will be made available to the	10557
institution of higher education for its use, the nonprofit	10558
organization or public body either owns or has a long-term (at	10559
least fifteen years) lease of the real property or other capital	10560
facility to be improved, renovated, constructed, or acquired and	10561
has entered into a joint or cooperative use agreement with the	10562
institution of higher education that meets the requirements of	10563
division (C) of this section.	10564

(B) Any foregoing appropriations which require cooperation	10565
between a technical college and a branch campus of a university	10566
may be released by the Controlling Board upon recommendation by	10567
the Ohio Board of Regents that the facilities proposed by the	10568
institutions are:	10569

(1) The result of a joint planning effort by the university	10570
and the technical college, satisfactory to the Ohio Board of	10571
Regents;	10572

(2) Facilities that will meet the needs of the region in	10573
terms of technical and general education, taking into	10574
consideration the totality of facilities that will be available	10575
after the completion of the projects;	10576

(3) Planned to permit maximum joint use by the university and	10577
technical college of the totality of facilities that will be	10578
available upon their completion; and	10579

(4) To be located on or adjacent to the branch campus of the	10580
university.	10581

(C) The Ohio Board of Regents shall adopt rules regarding the	10582
release of moneys from all the foregoing appropriations for	10583
capital facilities for all state-supported or state-assisted	10584
institutions of higher education. In the case of capital	10585
facilities referred to in division (A)(3) of this section, the	10586
joint or cooperative use agreements shall include, as a minimum,	10587
provisions that:	10588

(1) Specify the extent and nature of that joint or	10589
cooperative use, extending for not fewer than fifteen years, with	10590
the value of such use or right to use to be, as is determined by	10591
the parties and approved by the Board of Regents, reasonably	10592
related to the amount of the appropriations;	10593

(2) Provide for pro rata reimbursement to the state should	10594
the arrangement for joint or cooperative use be terminated;	10595

(3) Provide that procedures to be followed during the capital	10596
improvement process will comply with appropriate applicable state	10597
laws and rules, including the provisions of this act; and	10598

(4) Provide for payment or reimbursement to the institution	10599
of its administrative costs incurred as a result of the facilities	10600
project, not to exceed 1.5 per cent of the appropriated amount.	10601

(D) Upon the recommendation of the Ohio Board of Regents, the	10602
Controlling Board may approve the transfer of appropriations for	10603
projects requiring cooperation between institutions from one	10604
institution to another institution with the approval of both	10605
institutions.	10606

(E) Notwithstanding section 127.14 of the Revised Code, the	10607
Controlling Board, upon the recommendation of the Ohio Board of	10608
Regents, may transfer amounts appropriated to the Ohio Board of	10609
Regents to accounts of state-supported or state-assisted	10610
institutions created for that same purpose.	10611

Section 235.60.50.  The requirements of Chapters 123. and	10612
153. of the Revised Code, with respect to the powers and duties of	10613
the Director of Administrative Services, and the requirements of	10614
section 127.16 of the Revised Code, with respect to the	10615
Controlling Board, do not apply to projects of community college	10616
districts, which include Cuyahoga Community College, Jefferson	10617
Community College, Lakeland Community College, Lorain Community	10618
College, Rio Grande Community College, and Sinclair Community	10619
College; and technical college districts, which include Belmont	10620
Technical College, Central Ohio Technical College, Hocking	10621
Technical College, James Rhodes State College, Marion Technical	10622
College, Zane State College, North Central Technical College, and	10623
Stark Technical College.	10624

Section 235.60.60.  Those institutions locally administering	10625
capital improvement projects pursuant to section 3345.50 of the	10626
Revised Code may:	10627

(A) Establish charges for recovering costs directly related	10628
to project administration as defined by the Director of	10629
Administrative Services. The Department of Administrative Services	10630
shall review and approve these administrative charges when the	10631
charges are in excess of 1.5 per cent of the total construction	10632
budget.	10633

(B) Seek reimbursement from state capital appropriations to	10634
the institution for the in-house design services performed by the	10635
institution for the capital projects. Acceptable charges are	10636
limited to design document preparation work that is done by the	10637
institution. These reimbursable design costs shall be shown as	10638
"A/E fees" within the project's budget that is submitted to the	10639
Controlling Board or the Director of Budget and Management as part	10640
of a request for release of funds. The reimbursement for in-house	10641
design shall not exceed seven per cent of the estimated	10642
construction cost.	10643

Section 237.10. All items set forth in this section are	10644
hereby appropriated out of any moneys in the state treasury to the	10645
credit of the Parks and Recreation Improvement Fund (Fund 035),	10646
that are not otherwise appropriated.	10647

Appropriations

DNR DEPARTMENT OF NATURAL RESOURCES

10648

CAP-012		Land Acquisition - Statewide		$	500,000		10649
CAP-169		Lake White State Park - Dam Rehabilitation		$	5,500,000		10650
CAP-390		State Park Maintenance Facility Development - Middle Bass Island State Park Mitigation Costs		$	2,000,000		10651
CAP-701		Buckeye Lake State Park - Dam Rehabilitation		$	4,000,000		10652
CAP-702		Upgrade Underground Fuel Storage Tanks - Statewide		$	250,000		10653
CAP-716		Muskingum River Parkway - Locks and Dam Rehabilitation		$	1,000,000		10654
CAP-748		Local Parks Projects		$	16,076,700		10655
CAP-753		Project Planning		$	250,000		10656
CAP-836		State Park Renovations/Upgrading - Dillon Environmental Restoration Project (Corps Grant Match)		$	600,000		10657
CAP-876		Statewide Trails Program		$	6,030,000		10658
CAP-881		Dam Rehabilitation - Parks		$	1,017,600		10659
CAP-929		Hazardous Waste/Asbestos Abatement - Statewide		$	150,000		10660
CAP-931		Statewide Wastewater/Water Systems Upgrade		$	2,500,000		10661
Total Department of Natural Resources				$	39,874,300		10662
TOTAL Parks and Recreation Improvement Fund				$	39,874,300		10663

FEDERAL REIMBURSEMENT

10664

All reimbursements received from the federal government for	10665
any expenditures made pursuant to this section shall be deposited	10666
in the state treasury to the credit of the Parks and Recreation	10667
Improvement Fund (Fund 035).	10668

LOCAL PARKS PROJECTS

10669

Of the foregoing appropriation item CAP-748, Local Parks	10670
Projects, $2,000,000 shall be used for the Center City Park in	10671
Springfield; $1,200,000 shall be used for the Cincinnati Zoo;	10672
$1,000,000 shall be used for the East Bank/Flats Project;	10673
$1,000,000 shall be used for the Scioto Mile; $1,500,000 shall be	10674
used for the Franklin Park Conservatory; $1,000,000 shall be used	10675
for Kroc Community Park Improvements; $640,000 shall be used for	10676
the Cuyahoga River Corridor Glens Park; $540,000 shall be used for	10677
Tar Hollow State Park Improvements; $515,000 shall be used for the	10678
Cleveland Zoo; $400,000 shall be used for the Hi-Y; $300,000 shall	10679
be used for the Colerain Township Heritage Park; $300,000 shall be	10680
used for the Columbus Zoo; $300,000 shall be used for the Fremont	10681
Park and Athletic Facilities; $250,000 shall be used for the	10682
Gahanna South Flood Plain Project; $250,000 shall be used for the	10683
Sippo Lake Park/Canal Way; $250,000 shall be used for Van Buren	10684
State Park Land Acquisitions; $250,000 shall be used for the City	10685
of Wellston Veterans Park; $250,000 shall be used for the City of	10686
Jackson Bike Path; $250,000 shall be used for Cambridge Park	10687
Improvements; $250,000 shall be used for the Brunswick Nature	10688
Preserve; $200,000 shall be used for North Royalton Recreational	10689
Park Improvements; $200,000 shall be used for Harrison Village	10690
Historical Society-Phoenix Park Museum; $200,000 shall be used for	10691
Ault Park Improvements; $200,000 shall be used for Indian Lake	10692
State Park Dredging Improvements; $200,000 shall be used for the	10693
Belmont Carnes Center; $191,000 shall be used for Deerfield	10694
Township Simpson Creek Erosion Mitigation and Bank Control;	10695
$185,000 shall be used for the City of Wilmington Park	10696
Upgrades/Tennis Courts; $175,700 shall be used for the Georgetown	10697
Community Tennis Park; $170,000 shall be used for Violet Township	10698
Park Land Acquisition; $150,000 shall be used for Kelly's Island	10699
Park Improvements; $150,000 shall be used for Ironton Port	10700
Authority Green Space Acquisition; $150,000 shall be used for	10701
Perry Township Camp Improvements; $122,000 shall be used for	10702
Sandusky Plains Environmental Nature Preserve; $100,000 shall be	10703
used for Mountain Bike Park/Midtown Cleveland; $100,000 shall be	10704
used for Delhi Park Veteran's Memorial Wall; $100,000 shall be	10705
used for The Mentor Lagoons Nature Preserve; $100,000 shall be	10706
used for the Chester Township Park; $100,000 shall be used for	10707
Thompson Park Renovations in East Liverpool; $75,000 shall be used	10708
for Perry Township Park; $75,000 shall be used for Hocking River	10709
Park Complex of Athens County; $69,000 shall be used for Miami	10710
Erie Canal Repairs in Spencerville; $65,000 shall be used for Star	10711
Mill Skate Park Improvements; $60,000 shall be used for Marseilles	10712
Reservoir Bulk Head Project; $50,000 shall be used for	10713
Beavercreek/John Aekeney Soccer Field and Park; $50,000 shall be	10714
used for the Beavercreek Community Athletic Association Facility	10715
and Park Upgrade; $50,000 shall be used for the Delaware Skate	10716
Park; $50,000 shall be used for the Columbus Zoo Education Center;	10717
$50,000 shall be used for Dillon State Park Upgrades; $50,000	10718
shall be used for Indian Lake State Park Shoreline Improvements;	10719
$40,000 shall be used for Athens Village of Glouster Park	10720
Improvements; $30,000 shall be used for Harold Miller Memorial	10721
Park Improvements; $25,000 shall be used for Geauga Veterans	10722
Monument Park Improvements; $25,000 shall be used for the	10723
Conesville Community Children's Park; $25,000 shall be used for	10724
the Cambridge Skate Park; $19,000 shall be used for East Fork	10725
State Park-Harsha Lake Dock Improvements; $10,000 shall be used	10726
for the Marine Corps League Park/Monument; $10,000 shall be used	10727
for Huntington Township Park Improvements; $5,000 shall be used	10728
for Morgan County Bicentennial Park; and $5,000 shall be used for	10729
the Galion Memorial Veterans Park.	10730

STATEWIDE TRAILS PROGRAM

10731

Of the foregoing appropriation item CAP-876, Statewide	10732
Trails, $2,000,000 shall be used for the Ohio to Erie Trail	10733
Metroparks; $1,900,000 shall be used for the Cuyahoga Towpath	10734
Trail; $500,000 shall be used for Henry County Park and Bike	10735
Trails; $400,000 shall be used for the Prairie Grass Trail;	10736
$330,000 shall be used for the Williamsburg/Batavia Hike and Bike	10737
Trail; $200,000 shall be used for the Xenia-Jamestown Connector	10738
Trail Project; $100,000 shall be used for Tri-County Triangle	10739
Trail Funding; and $100,000 shall be used for the Trumbull Bike	10740
Trail.	10741

Section 237.20. For the appropriations in Section 237.10 of	10742
this act, the Department of Natural Resources shall periodically	10743
prepare and submit to the Director of Budget and Management the	10744
estimated design, planning, and engineering costs of	10745
capital-related work to be done by the Department of Natural	10746
Resources for each project. Based on the estimates, the Director	10747
of Budget and Management may release appropriations from the	10748
foregoing appropriation item CAP-753, Project Planning, within the	10749
Parks and Recreation Improvement Fund (Fund 035), to pay for	10750
design, planning, and engineering costs incurred by the Department	10751
of Natural Resources for the projects. Upon release of the	10752
appropriations by the Director of Budget and Management, the	10753
Department of Natural Resources shall pay for these expenses from	10754
the Parks Capital Expenses Fund (Fund 227), and shall be	10755
reimbursed from the Parks and Recreation Improvement Fund (Fund	10756
035) using an intrastate voucher.	10757

Section 237.30.  The Treasurer of State is hereby authorized	10758
to issue and sell, in accordance with Section 2i of Article VIII,	10759
Ohio Constitution, and Chapter 154. of the Revised Code,	10760
particularly section 154.22 of the Revised Code, original	10761
obligations in an aggregate principal amount not to exceed	10762
$39,000,000, in addition to the original issuance of obligations	10763
heretofore authorized by prior acts of the General Assembly. These	10764
authorized obligations shall be issued, subject to applicable	10765
constitutional and statutory limitations, to pay the costs of	10766
capital facilities for parks and recreation as defined in section	10767
154.01 of the Revised Code.	10768

Section 237.40.  (A) No capital improvement appropriations	10769
made in Section 237.10 of this act shall be released for planning	10770
or for improvement, renovation, or construction or acquisition of	10771
capital facilities if a governmental agency, as defined in section	10772
154.01 of the Revised Code, does not own the real property that	10773
constitutes the capital facilities or on which the capital	10774
facilities are or will be located. This restriction does not apply	10775
in any of the following circumstances:	10776

(1) The governmental agency has a long-term (at least fifteen	10777
years) lease of, or other interest (such as an easement) in, the	10778
real property.	10779

(2) In the case of an appropriation for capital facilities	10780
for parks and recreation that, because of their unique nature or	10781
location, will be owned or be part of facilities owned by a	10782
separate nonprofit organization and made available to the	10783
governmental agency for its use or operated by the nonprofit	10784
organization under contract with the governmental agency, the	10785
nonprofit organization either owns or has a long-term (at least	10786
fifteen years) lease of the real property or other capital	10787
facility to be improved, renovated, constructed, or acquired and	10788
has entered into a joint or cooperative use agreement, approved by	10789
the Department of Natural Resources, with the governmental agency	10790
for that agency's use of and right to use the capital facilities	10791
to be financed and, if applicable, improved, the value of such use	10792
or right to use being, as determined by the parties, reasonably	10793
related to the amount of the appropriation.	10794

(B) In the case of capital facilities referred to in division	10795
(A)(2) of this section, the joint or cooperative use agreement	10796
shall include, as a minimum, provisions that:	10797

(1) Specify the extent and nature of that joint or	10798
cooperative use, extending for not fewer than fifteen years, with	10799
the value of such use or right to use to be, as determined by the	10800
parties and approved by the approving department, reasonably	10801
related to the amount of the appropriation;	10802

(2) Provide for pro rata reimbursement to the state should	10803
the arrangement for joint or cooperative use by a governmental	10804
agency be terminated; and	10805

(3) Provide that procedures to be followed during the capital	10806
improvement process will comply with appropriate applicable state	10807
laws and rules, including the provisions of this act.	10808

Section 239.10. All items set forth in this section are	10809
hereby appropriated out of any moneys in the state treasury to the	10810
credit of the State Capital Improvements Fund (Fund 038), that are	10811
not otherwise appropriated.	10812

Appropriations

PWC PUBLIC WORKS COMMISSION

10813

CAP-150		Local Public Infrastructure		$	120,000,000		10814
Total Public Works Commission				$	120,000,000		10815
TOTAL State Capital Improvements Fund				$	120,000,000		10816

The foregoing appropriation item CAP-150, Local Public	10817
Infrastructure, shall be used in accordance with sections 164.01	10818
to 164.12 of the Revised Code. The Director of the Public Works	10819
Commission may certify to the Director of Budget and Management	10820
that a need exists to appropriate investment earnings to be used	10821
in accordance with sections 164.01 to 164.12 of the Revised Code.	10822
If the Director of Budget and Management determines pursuant to	10823
division (D) of section 164.08 and section 164.12 of the Revised	10824
Code that investment earnings are available to support additional	10825
appropriations, such amounts are hereby appropriated.	10826

If the Public Works Commission receives refunds due to	10827
project overpayments that are discovered during a post-project	10828
audit, the Director of the Public Works Commission may certify to	10829
the Director of Budget and Management that refunds have been	10830
received. In certifying the refunds, the Director of the Public	10831
Works Commission shall provide the Director of Budget and	10832
Management information on the project refunds. The certification	10833
shall detail by project the source and amount of project	10834
overpayments received and include any supporting documentation	10835
required or requested by the Director of Budget and Management.	10836
Upon receipt of the certification, the Director of Budget and	10837
Management shall determine if the project refunds are necessary to	10838
support existing appropriations. If the project refunds are	10839
available to support additional appropriations, these amounts are	10840
hereby appropriated to appropriation item CAP-151, Revolving Loan.	10841

Section 239.20. The Ohio Public Facilities Commission is	10842
hereby authorized to issue and sell, in accordance with Sections	10843
2m and 2p of Article VIII, Ohio Constitution, and sections 151.01	10844
and 151.08 of the Revised Code, original obligations of the state,	10845
in an aggregate principal amount not to exceed $120,000,000, in	10846
addition to the original obligations heretofore authorized by	10847
prior acts of the General Assembly. These authorized obligations	10848
shall be issued and sold from time to time and in amounts	10849
necessary to ensure sufficient moneys to the credit of the State	10850
Capital Improvements Fund (Fund 038) to pay costs charged to that	10851
fund, as estimated by the Director of Budget and Management.	10852

Section 301.10. Notwithstanding any provision of law to the	10853
contrary, the Director of Budget and Management, with the written	10854
concurrence of the Director of Public Safety, may transfer cash	10855
temporarily from the Highway Safety Fund (Fund 036) to the Highway	10856
Safety Building Fund (Fund 025), and the cash may be used to fund	10857
projects previously appropriated by acts of the general assembly.	10858
The transfers shall be made for the purpose of providing cash to	10859
support appropriations or encumbrances that exist upon the	10860
effective date of this section. At such time as obligations are	10861
issued for Highway Safety Building Fund projects, the Director of	10862
Budget and Management shall transfer from the Highway Safety	10863
Building Fund to the Highway Safety Fund any amounts originally	10864
transferred to the Highway Safety Building Fund under this	10865
section.	10866

Section 303.10. CERTIFICATION OF AVAILABILITY OF MONEYS

10867

No moneys that require release may be expended from any	10868
appropriation contained in this act without certification of the	10869
Director of Budget and Management that there are sufficient moneys	10870
in the state treasury in the fund from which the appropriation is	10871
made. The certification shall be based on estimates of revenue,	10872
receipts, and expenses. Nothing in this section shall be	10873
construed as a limitation on the authority of the Director of	10874
Budget and Management under section 126.07 of the Revised Code.	10875

Section 303.20. LIMITATION ON USE OF CAPITAL APPROPRIATIONS

10876

The appropriations made in this act, excluding those made to	10877
the State Capital Improvement Fund (Fund 038) and the State	10878
Capital Improvements Revolving Loan Fund (Fund 040) for buildings	10879
or structures, including remodeling and renovations, are limited	10880
to:	10881

(A) Acquisition of real property or interests in real	10882
property;	10883

(B) Buildings and structures, which includes construction,	10884
demolition, complete heating, lighting and lighting fixtures, all	10885
necessary utilities, and ventilating, plumbing, sprinkling, and	10886
sewer systems, when such systems are authorized or necessary;	10887

(C) Architectural, engineering, and professional services	10888
expenses directly related to the projects;	10889

(D) Machinery that is a part of structures at the time of	10890
initial acquisition or construction;	10891

(E) Acquisition, development, and deployment of new computer	10892
systems, including the redevelopment or integration of existing	10893
and new computer systems, but excluding regular or ongoing	10894
maintenance or support agreements;	10895

(F) Equipment that meets all the following criteria:

10896

(1) The equipment is essential in bringing the facility up to	10897
its intended use;	10898

(2) The unit cost of the equipment, and not the individual	10899
parts of a unit, is about $100 or more;	10900

(3) The equipment has a useful life of five years or more;

10901

(4) The equipment is necessary for the functioning of the	10902
particular facility or project.	10903

No equipment shall be paid for from these appropriations that	10904
is not an integral part of or directly related to the basic	10905
purpose or function of a project for which moneys are	10906
appropriated. This paragraph does not apply to appropriation items	10907
for equipment.	10908

Section 303.30. CONTINGENCY RESERVE REQUIREMENT

10909

Any request for release of capital appropriations by the	10910
Director of Budget and Management or the Controlling Board of	10911
capital appropriations for projects, the contracts for which are	10912
awarded by the Department of Administrative Services, shall	10913
contain a contingency reserve, the amount of which shall be	10914
determined by the Department of Administrative Services, for	10915
payment of unanticipated project expenses. Any amount deducted	10916
from the encumbrance for a contractor's contract as an assessment	10917
for liquidated damages shall be added to the encumbrance for the	10918
contingency reserve. Contingency reserve funds shall be used to	10919
pay costs resulting from unanticipated job conditions, to comply	10920
with rulings regarding building and other codes, to pay costs	10921
related to errors or omissions in contract documents, to pay costs	10922
associated with changes in the scope of work, and to pay the cost	10923
of settlements and judgments related to the project.	10924

Any funds remaining upon completion of a project may, upon	10925
approval of the Controlling Board, be released for the use of the	10926
institution to which the appropriation was made for other capital	10927
facilities projects.	10928

Section 305.10.  SATISFACTION OF JUDGMENTS AND SETTLEMENTS	10929
AGAINST THE STATE	10930

Except as otherwise provided in this section, an	10931
appropriation in this act or any other act may be used for the	10932
purpose of satisfying judgments, settlements, or administrative	10933
awards ordered or approved by the Court of Claims or by any other	10934
court of competent jurisdiction in connection with civil actions	10935
against the state. This authorization does not apply to	10936
appropriations to be applied to or used for payment of guarantees	10937
by or on behalf of the state, or for payments under lease	10938
agreements relating to or debt service on bonds, notes, or other	10939
obligations of the state. Notwithstanding any other section of law	10940
to the contrary, this authorization includes appropriations from	10941
funds into which proceeds or direct obligations of the state are	10942
deposited only to the extent that the judgment, settlement, or	10943
administrative award is for or represents capital costs for which	10944
the appropriation may otherwise be used and is consistent with the	10945
purpose for which any related obligations were issued or entered	10946
into. Nothing contained in this section is intended to subject the	10947
state to suit in any forum in which it is not otherwise subject to	10948
suit, and it is not intended to waive or compromise any defense or	10949
right available to the state in any suit against it.	10950

Section 307.10. CAPITAL RELEASES BY THE DIRECTOR OF BUDGET	10951
AND MANAGEMENT	10952

Notwithstanding section 126.14 of the Revised Code,	10953
appropriations for appropriation item CAP-003, Community-Based	10954
Correctional Facilities, appropriated from the Adult Correctional	10955
Building Fund (Fund 027) to the Department of Rehabilitation and	10956
Correction shall be released upon the written approval of the	10957
Director of Budget and Management. The appropriations from the	10958
Public School Building Fund (Fund 021) and the School Building	10959
Program Assistance Fund (Fund 032) to the School Facilities	10960
Commission, from the Clean Ohio Conservation Fund (Fund 056), the	10961
State Capital Improvement Fund (Fund 038), and the State Capital	10962
Improvements Revolving Loan Fund (Fund 040) to the Public Works	10963
Commission shall be released upon presentation of a request to	10964
release the funds, by the agency to which the appropriation has	10965
been made, to the Director of Budget and Management.	10966

Section 309.10. PREVAILING WAGE REQUIREMENT

10967

Except as provided in section 4115.04 of the Revised Code, no	10968
moneys appropriated or reappropriated by the 126th General	10969
Assembly shall be used for the construction of public	10970
improvements, as defined in section 4115.03 of the Revised Code,	10971
unless the mechanics, laborers, or workers engaged therein are	10972
paid the prevailing rate of wages as prescribed in section 4115.04	10973
of the Revised Code. Nothing in this section shall affect the	10974
wages and salaries established for state employees under the	10975
provisions of Chapter 124. of the Revised Code, or collective	10976
bargaining agreements entered into by the state pursuant to	10977
Chapter 4117. of the Revised Code, while engaged on force account	10978
work, nor shall this section interfere with the use of inmate and	10979
patient labor by the state.	10980

Section 311.10. CAPITAL FACILITIES LEASES

10981

Capital facilities for which appropriations are made from the	10982
Highway Safety Building Fund (Fund 025), the Administrative	10983
Building Fund (Fund 026), the Adult Correctional Building Fund	10984
(Fund 027), and the Juvenile Correctional Building Fund (Fund 028)	10985
may be leased by the Ohio Building Authority to the Department of	10986
Public Safety, the Department of Youth Services, the Department of	10987
Administrative Services, and the Department of Rehabilitation and	10988
Correction, and other agreements may be made by the Ohio Building	10989
Authority and the departments with respect to the use or purchase	10990
of the capital facilities, or subject to the approval of the	10991
director of the department or the commission, the Ohio Building	10992
Authority may lease the capital facilities to, and make other	10993
agreements with respect to the use or purchase of the capital	10994
facilities with, any governmental agency or nonprofit corporation	10995
having authority under law to own, lease, or operate the capital	10996
facilities. The director of the department or the commission may	10997
sublease the capital facilities to, and make other agreements with	10998
respect to the use or purchase of the capital facilities with, any	10999
such governmental agency or nonprofit corporation, which	11000
agreements may include provisions for transmittal of receipts of	11001
the agency or nonprofit corporation of any charges for the use of	11002
the facilities, all upon such terms and conditions as the parties	11003
may agree upon and subject to any other provision of law affecting	11004
the leasing, acquisition, or disposition of capital facilities by	11005
the parties.	11006

Section 313.10. AUTHORIZATION OF THE DIRECTOR OF BUDGET AND	11007
MANAGEMENT	11008

The Director of Budget and Management shall authorize both of	11009
the following:	11010

(A) The initial release of moneys for projects from the funds	11011
into which proceeds of direct obligations of the state are	11012
deposited;	11013

(B) The expenditure or encumbrance of moneys from funds into	11014
which proceeds of direct obligations are deposited, but only after	11015
determining to the director's satisfaction that either of the	11016
following applies:	11017

(1) The application of the moneys to the particular project	11018
will not negatively affect any exemption or exclusion from federal	11019
income tax of the interest or interest equivalent on obligations	11020
issued to provide moneys to the particular fund.	11021

(2) Moneys for the project will come from the proceeds of	11022
obligations, the interest on which is not so excluded or exempt	11023
and which have been authorized as "taxable obligations" by the	11024
issuing authority.	11025

The director shall report any nonrelease of moneys pursuant	11026
to this section to the Governor, the presiding officer of each	11027
house of the General Assembly, and the agency for the use of which	11028
the project is intended.	11029

Section 315.10. SCHOOL FACILITIES ENCUMBRANCES AND	11030
REAPPROPRIATION	11031

At the request of the Executive Director of the Ohio School	11032
Facilities Commission, the Director of Budget and Management may	11033
cancel encumbrances for school district projects from a previous	11034
biennium if the district has not raised its local share of project	11035
costs within one year after receiving Controlling Board approval	11036
in accordance with section 3318.05 of the Revised Code. The	11037
Executive Director of the Ohio School Facilities Commission shall	11038
certify the amounts of these canceled encumbrances to the Director	11039
of Budget and Management on a quarterly basis. The amounts of the	11040
canceled encumbrances are hereby appropriated.	11041

Section 317.10. CERTIFICATE OF NEED REQUIREMENT

11042

No appropriation for a health care facility authorized under	11043
this act may be released until the requirements of sections	11044
3702.51 to 3702.68 of the Revised Code have been met.	11045

Section 319.10. DISTRIBUTION OF PROCEEDS FROM ASBESTOS	11046
ABATEMENT LITIGATION	11047

All proceeds received by the state as a result of litigation,	11048
judgments, settlements, or claims, filed by or on behalf of any	11049
state agency, as defined by section 1.60 of the Revised Code, or	11050
state-supported or state-assisted institution of higher education,	11051
for damages or costs resulting from the use, removal, or hazard	11052
abatement of asbestos materials shall be deposited in the Asbestos	11053
Abatement Distribution Fund (Fund 674). All funds deposited into	11054
the Asbestos Abatement Distribution Fund are hereby appropriated	11055
to the Attorney General. To the extent practicable, the proceeds	11056
placed in the Asbestos Abatement Distribution Fund shall be	11057
divided among the state agencies and state-supported or	11058
state-assisted institutions of higher education in accordance with	11059
the general provisions of the litigation regarding the percentage	11060
of recovery. Distribution of the proceeds to each state agency or	11061
state-supported or state-assisted institution of higher education	11062
shall be made in accordance with the Asbestos Abatement	11063
Distribution Plan to be developed by the Attorney General, the	11064
General Services Division within the Department of Administrative	11065
Services, and the Office of Budget and Management.	11066

In those circumstances where asbestos litigation proceeds are	11067
for reimbursement of expenditures made with funds outside the	11068
state treasury or damages to buildings not constructed with state	11069
appropriations, direct payments shall be made to the affected	11070
institutions of higher education. Any proceeds received for	11071
reimbursement of expenditures made with funds within the state	11072
treasury or damages to buildings occupied by state agencies shall	11073
be distributed to the affected agencies with an intrastate	11074
transfer voucher to the funds identified in the Asbestos Abatement	11075
Distribution Plan.	11076

These proceeds shall be used for additional asbestos	11077
abatement or encapsulation projects, or for other capital	11078
improvements, except that proceeds distributed to the General	11079
Revenue Fund and other funds that are not bond improvement funds	11080
may be used for any purpose. The Controlling Board may, for bond	11081
improvement funds, create appropriation items or increase	11082
appropriation authority in existing appropriation items equaling	11083
the amount of the proceeds. The amounts approved by the	11084
Controlling Board are hereby appropriated. The proceeds deposited	11085
in bond improvement funds shall not be expended until released by	11086
the Controlling Board, which shall require certification by the	11087
Director of Budget and Management that the proceeds are sufficient	11088
and available to fund the additional anticipated expenditures.	11089

Section 321.10. OBLIGATIONS ISSUED UNDER CHAPTER 151. OF THE	11090
REVISED CODE	11091

The capital improvements for which appropriations are made in	11092
this act from the Third Frontier Research and Development Fund	11093
(Fund 011), the Job Ready Site Development Fund (Fund 012), the	11094
Ohio Parks and Natural Resources Fund (Fund 031), the School	11095
Building Program Assistance Fund (Fund 032), the Higher Education	11096
Improvement Fund (Fund 034), the State Capital Improvements Fund	11097
(Fund 038), the Clean Ohio Conservation Fund (Fund 056), the Clean	11098
Ohio Agricultural Easement Fund (Fund 057), and the Clean Ohio	11099
Trail Fund (Fund 061) are determined to be capital improvements	11100
and capital facilities for research and development, preparation	11101
of sites, natural resources, a statewide system of common schools,	11102
state-supported and state-assisted institutions of higher	11103
education, local subdivision capital improvement projects, and	11104
conservation purposes (under the Clean Ohio Program) and are	11105
designated as capital facilities to which proceeds of obligations	11106
issued under Chapter 151. of the Revised Code are to be applied.	11107

Section 321.20. OBLIGATIONS ISSUED UNDER CHAPTER 152. OF THE	11108
REVISED CODE	11109

The capital improvements for which appropriations are made in	11110
this act from the Highway Safety Building Fund (Fund 025), the	11111
Administrative Building Fund (Fund 026), the Adult Correctional	11112
Building Fund (Fund 027), the Juvenile Correctional Building Fund	11113
(Fund 028), and the Transportation Building Fund (Fund 029) are	11114
determined to be capital improvements and capital facilities for	11115
housing state agencies and branches of state government and are	11116
designated as capital facilities to which proceeds of obligations	11117
issued under Chapter 152. of the Revised Code are to be applied.	11118

Section 321.30. OBLIGATIONS ISSUED UNDER CHAPTER 154. OF THE	11119
REVISED CODE	11120

The capital improvements for which appropriations are made in	11121
this act from the Cultural and Sports Facilities Building Fund	11122
(Fund 030), the Mental Health Facilities Improvement Fund (Fund	11123
033), and the Parks and Recreation Improvement Fund (Fund 035) are	11124
determined to be capital improvements and capital facilities for	11125
housing state agencies and branches of government, mental hygiene	11126
and retardation, and parks and recreation and are designated as	11127
capital facilities to which proceeds of obligations issued under	11128
Chapter 154. of the Revised Code are to be applied.	11129

Section 323.10. TRANSFER OF OPEN ENCUMBRANCES

11130

Upon the request of the agency to which a capital project	11131
appropriation item is appropriated, the Director of Budget and	11132
Management may transfer open encumbrance amounts between separate	11133
encumbrances for the project appropriation item to the extent that	11134
any reductions in encumbrances are agreed to by the contracting	11135
vendor and the agency.	11136

Section 325.10. LITIGATION PROCEEDS TO THE ADMINISTRATIVE	11137
BUILDING FUND	11138

Any proceeds received by the state as the result of	11139
litigation or a settlement agreement related to any liability for	11140
the planning, design, engineering, construction, or construction	11141
management of facilities operated by the Department of	11142
Administrative Services shall be deposited into the Administrative	11143
Building Fund (Fund 026).	11144

Section 327.10. COAL RESEARCH AND DEVELOPMENT BONDS

11145

The Ohio Public Facilities Commission, upon the request of	11146
the Director of the Ohio Coal Development Office with the advice	11147
of the Technical Advisory Committee created in section 1551.35 of	11148
the Revised Code and with the approval of the Director of the Air	11149
Quality Development Authority, is hereby authorized to issue and	11150
sell, in accordance with Section 15 of Article VIII, Ohio	11151
Constitution, and Chapter 151. of the Revised Code, and	11152
particularly sections 151.01 and 151.07 and other applicable	11153
sections of the Revised Code, bonds or other obligations of the	11154
state heretofore authorized by prior acts of the General Assembly.	11155
The obligations shall be issued, subject to applicable	11156
constitutional and statutory limitations, to provide sufficient	11157
moneys to the credit of the Coal Research and Development Fund	11158
created in section 1555.15 of the Revised Code to pay costs	11159
charged to the fund when due as estimated by the Director of the	11160
Ohio Coal Development Office.	11161

Section 329.10. OHIO ADMINISTRATIVE KNOWLEDGE SYSTEM PROJECT

11162

The Ohio Administrative Knowledge System (OAKS) shall be an	11163
enterprise resource planning system that replaces the state's	11164
central services infrastructure systems, including the Central	11165
Accounting System, the Human Resources/Payroll System, the Capital	11166
Improvements Projects Tracking System, the Fixed Assets Management	11167
System, and the Procurement System. The Department of	11168
Administrative Services, in conjunction with the Office of Budget	11169
and Management, may acquire the system, including, but not limited	11170
to, the enterprise resource planning software and installation and	11171
implementation thereof pursuant to Chapter 125. of the Revised	11172
Code. Any lease-purchase arrangement utilized under Chapter 125.	11173
of the Revised Code, including any fractionalized interest therein	11174
as defined in division (N) of section 133.01 of the Revised Code,	11175
shall provide at the end of the lease period that OAKS shall	11176
become the property of the state.	11177

Section 331.10.  Sections 201.10 to 239.20 of this act shall	11178
remain in full force and effect commencing on July 1, 2006, and	11179
terminating on June 30, 2008, for the purpose of drawing money	11180
from the state treasury in payment of liabilities lawfully	11181
incurred under those sections, and on June 30, 2008, and not	11182
before, the moneys hereby appropriated shall lapse into the funds	11183
from which they are severally appropriated. Because if, under	11184
Section 1c of Article II, Ohio Constitution, Sections 201.10 to	11185
239.20 of this act do not take effect until after July 1, 2006,	11186
Sections 201.10 to 239.20 of this act shall be and remain in full	11187
force and effect commencing on that later effective date.	11188

Section 401.10. That Sections 203.12.06, 203.24, 203.57,	11189
203.81, 206.33, 206.66.06, 209.54, 209.63.30, and 209.93 of Am.	11190
Sub. H.B. 66 of the 126th General Assembly be amended to read as	11191
follows:	11192

Sec. 203.12.06. OHIO BUILDING AUTHORITY

11193

The foregoing appropriation item 100-447, OBA - Building Rent	11194
Payments, shall be used to meet all payments at the times they are	11195
required to be made during the period from July 1, 2005, to June	11196
30, 2007, by the Department of Administrative Services to the Ohio	11197
Building Authority pursuant to leases and agreements under Chapter	11198
152. of the Revised Code, but limited to the aggregate amount of	11199
$231,831,700. These appropriations are the source of funds pledged	11200
for bond service charges on obligations issued pursuant to Chapter	11201
152. of the Revised Code.	11202

The foregoing appropriation item 100-448, OBA - Building	11203
Operating Payments, shall be used to meet all payments at the	11204
times that they are required to be made during the period from	11205
July 1, 2005, to June 30, 2007, by the Department of	11206
Administrative Services to the Ohio Building Authority pursuant to	11207
leases and agreements under Chapter 152. of the Revised Code, but	11208
limited to the aggregate amount of $51,040,433.	11209

The payments to the Ohio Building Authority are for the	11210
purpose of paying the expenses of the Ohio Building Authority and	11211
the agencies that occupy space in the various state facilities.	11212
The Department of Administrative Services may enter into leases	11213
and agreements with the Ohio Building Authority providing for the	11214
payment of these expenses. The Ohio Building Authority shall	11215
report to the Department of Administrative Services and the Office	11216
of Budget and Management not later than five months after the	11217
start of a fiscal year the actual expenses incurred by the Ohio	11218
Building Authority in operating the facilities and any balances	11219
remaining from payments and rentals received in the prior fiscal	11220
year. The Department of Administrative Services shall reduce	11221
subsequent payments by the amount of the balance reported to it by	11222
the Ohio Building Authority.	11223

Sec. 203.24. AGR DEPARTMENT OF AGRICULTURE

11224

General Revenue Fund

11225

GRF	700-321		Operating Expenses		$	2,605,330		$	2,605,330		11226
GRF	700-401		Animal Disease Control		$	3,574,506		$	3,574,506		11227
GRF	700-403		Dairy Division		$	1,304,504		$	1,304,504		11228
GRF	700-404		Ohio Proud		$	185,395		$	185,395		11229
GRF	700-405		Animal Damage Control		$	60,000		$	60,000		11230
GRF	700-406		Consumer Analytical Lab		$	819,907		$	819,907		11231
GRF	700-407		Food Safety		$	939,099		$	939,099		11232
GRF	700-409		Farmland Preservation		$	241,573		$	241,573		11233
GRF	700-410		Plant Industry		$	391,216		$	50,000		11234
GRF	700-411		International Trade and Market Development		$	617,524		$	517,524		11235
GRF	700-412		Weights and Measures		$	1,100,000		$	1,300,000		11236
GRF	700-413		Gypsy Moth Prevention		$	200,000		$	200,000		11237
GRF	700-415		Poultry Inspection		$	325,000		$	325,000		11238
GRF	700-418		Livestock Regulation Program		$	1,428,496		$	1,428,496		11239
GRF	700-422		Emergency Preparedness Supplies and Equipment		$	0		$	634,000		11240
GRF	700-424		Livestock Testing and Inspections		$	115,946		$	115,946		11241
GRF	700-499		Meat Inspection Program - State Share		$	4,696,889		$	4,696,889		11242
GRF	700-501		County Agricultural Societies		$	358,226		$	358,226		11243
TOTAL GRF General Revenue Fund					$	18,963,611		$	18,722,395		11244
					19,356,395		11245

Federal Special Revenue Fund Group

11246

3J4	700-607		Indirect Cost		$	1,500,027		$	1,500,027		11247
3R2	700-614		Federal Plant Industry		$	4,800,000		$	4,800,000		11248
326	700-618		Meat Inspection Program - Federal Share		$	5,201,291		$	5,201,291		11249
336	700-617		Ohio Farm Loan Revolving Fund		$	43,793		$	44,679		11250
382	700-601		Cooperative Contracts		$	4,300,000		$	4,300,000		11251
TOTAL FED Federal Special Revenue											11252
Fund Group					$	15,845,111		$	15,845,997		11253

State Special Revenue Fund Group

11254

4C9	700-605		Feed, Fertilizer, Seed, and Lime Inspection		$	1,922,857		$	1,891,395		11255
4D2	700-609		Auction Education		$	23,885		$	24,601		11256
4E4	700-606		Utility Radiological Safety		$	73,059		$	73,059		11257
4P7	700-610		Food Safety Inspection		$	816,096		$	858,096		11258
4R0	700-636		Ohio Proud Marketing		$	38,300		$	38,300		11259
4R2	700-637		Dairy Industry Inspection		$	1,541,466		$	1,621,460		11260
4T6	700-611		Poultry and Meat Inspection		$	47,294		$	47,294		11261
4T7	700-613		International Trade and Market Development		$	52,000		$	54,000		11262
494	700-612		Agricultural Commodity Marketing Program		$	170,220		$	170,220		11263
496	700-626		Ohio Grape Industries		$	1,071,099		$	1,071,054		11264
497	700-627		Commodity Handlers Regulatory Program		$	515,820		$	529,978		11265
5B8	700-629		Auctioneers		$	365,390		$	365,390		11266
5H2	700-608		Metrology Lab and Scale Certification		$	351,526		$	362,526		11267
5L8	700-604		Livestock Management Program		$	30,000		$	30,000		11268
578	700-620		Ride Inspection Fees		$	1,105,436		$	1,115,436		11269
652	700-634		Animal Health and Food Safety		$	1,876,624		$	1,831,232		11270
669	700-635		Pesticide Program		$	2,993,232		$	3,354,448		11271
TOTAL SSR State Special Revenue											11272
Fund Group					$	12,994,304		$	13,438,489		11273

Clean Ohio Fund Group

11274

057	700-632		Clean Ohio Agricultural Easement		$	149,000		$	149,000		11275
TOTAL CLR Clean Ohio Fund Group					$	149,000		$	149,000		11276

TOTAL ALL BUDGET FUND GROUPS					$	47,952,026		$	48,155,881		11277
					48,789,881		11278

OHIO - ISRAEL AGRICULTURAL INITIATIVE

11279

Of the foregoing General Revenue Fund appropriation item	11280
700-411, International Trade and Market Development, $100,000	11281
shall be used in fiscal year 2006 for the Ohio - Israel	11282
Agricultural Initiative.	11283

EMERGENCY PREPAREDNESS SUPPLIES AND EQUIPMENT

11284

The foregoing appropriation item 700-422, Emergency	11285
Preparedness Supplies and Equipment, may only be used for	11286
purchasing items contained within a plan that has been submitted	11287
to and approved by the Controlling Board.	11288

FAMILY FARM LOAN PROGRAM

11289

Notwithstanding Chapter 166. of the Revised Code, up to	11290
$1,000,000 in each fiscal year shall be transferred from moneys in	11291
the Facilities Establishment Fund (Fund 037) to the Family Farm	11292
Loan Fund (Fund 5H1) in the Department of Development. These	11293
moneys shall be used for loan guarantees. The transfer is subject	11294
to Controlling Board approval.	11295

Financial assistance from the Family Farm Loan Fund (Fund	11296
5H1) shall be repaid to Fund 5H1. This fund is established in	11297
accordance with sections 166.031, 901.80, 901.81, 901.82, and	11298
901.83 of the Revised Code.	11299

When the Family Farm Loan Fund (Fund 5H1) ceases to exist,	11300
all outstanding balances, all loan repayments, and any other	11301
outstanding obligations shall revert to the Facilities	11302
Establishment Fund (Fund 037).	11303

CASH TRANSFER TO COOPERATIVE CONTRACTS FUND

11304

On the effective date of this amendment, or as soon as	11305
possible thereafter, the Director of Budget and Management may	11306
transfer $111,668.76 in cash from the General Revenue Fund to the	11307
Cooperative Contracts Fund (Fund 382) to correct wire transfers to	11308
the Department of Agriculture that were mistakenly deposited in	11309
the General Revenue Fund.	11310

Sec. 203.57.  OBM OFFICE OF BUDGET AND MANAGEMENT

11311

General Revenue Fund

11312

GRF	042-321		Budget Development and Implementation		$	2,143,886		$	2,143,886		11313
GRF	042-410		National Association Dues		$	27,089		$	28,173		11314
GRF	042-412		Audit of Auditor of State		$	55,900		$	58,700		11315
GRF	042-435		Gubernatorial Transition		$	0		$	250,000		11316
TOTAL GRF General Revenue Fund					$	2,226,875		$	2,480,759		11317

General Services Fund Group

11318

105	042-603		Accounting and Budgeting		$	9,781,085		$	9,976,689		11319
TOTAL GSF General Services Fund Group					$	9,781,085		$	9,976,689		11320

State Special Revenue Fund Group

11321

5N4	042-602		OAKS Project Implementation		$	2,262,441		$	2,272,595		11322
TOTAL SSR State Special Revenue Fund Group					$	2,262,441		$	2,272,595		11323
TOTAL ALL BUDGET FUND GROUPS					$	14,270,401		$	14,730,043		11324

AUDIT COSTS

11325

Of the foregoing appropriation item 042-603, Accounting and	11326
Budgeting, not more than $420,000 in fiscal year 2006 and $425,000	11327
in fiscal year 2007 shall be used to pay for centralized audit	11328
costs associated with either Single Audit Schedules or financial	11329
statements prepared in conformance with generally accepted	11330
accounting principles for the state.	11331

OAKS PROJECT IMPLEMENTATION

11332

Notwithstanding section 126.25 of the Revised Code, in fiscal	11333
years 2006 and 2007, rebates or revenue shares received from any	11334
state payment card program established under division (B) of	11335
section 126.21 of the Revised Code may be deposited into the OAKS	11336
Project Implementation Fund (Fund 5N4).	11337

MEDICAID AGENCY TRANSITION

11338

Upon the transfer of appropriations to GRF appropriation item	11339
042-416, Medicaid Agency Transition, the Director of Budget and	11340
Management may retain staff of the Medicaid Administrative Study	11341
Council, hire staff, enter into contracts, and take other steps	11342
necessary to complete the transition tasks identified in the	11343
Medicaid Administrative Study Council report or other tasks	11344
considered necessary to create a new Department of Medicaid. Any	11345
contracts entered into under this paragraph shall be exempt from	11346
the authority and supervision of the Department of Administrative	11347
Services and the Office of Information Technology.	11348

Sec. 203.81.  CEB CONTROLLING BOARD

11349

General Revenue Fund

11350

GRF	911-401		Emergency Purposes/Contingencies		$	5,000,000		$	5,000,000 8,000,000		11351
GRF	911-404		Mandate Assistance		$	650,000		$	650,000		11352
GRF	911-441		Ballot Advertising Costs		$	300,000		$	300,000		11353
TOTAL GRF General Revenue Fund					$	5,950,000		$	5,950,000 8,950,000		11354
TOTAL ALL BUDGET FUND GROUPS					$	5,950,000		$	5,950,000 8,950,000		11355

FEDERAL SHARE

11356

In transferring appropriations to or from appropriation items	11357
that have federal shares identified in this actAm. Sub. H.B. 66	11358
of the 126th General Assembly, the Controlling Board shall add or	11359
subtract corresponding amounts of federal matching funds at the	11360
percentages indicated by the state and federal division of the	11361
appropriations in this act Am. Sub. H.B. 66 of the 126th General	11362
Assembly. Such changes are hereby appropriated.	11363

DISASTER ASSISTANCE

11364

Pursuant to requests submitted by the Department of Public	11365
Safety, the Controlling Board may approve transfers from	11366
appropriation item 911-401, Emergency Purposes/Contingencies, to	11367
Department of Public Safety appropriation items to provide funding	11368
for assistance to political subdivisions and individuals made	11369
necessary by natural disasters or emergencies. Such transfers may	11370
be requested and approved prior to or following the occurrence of	11371
any specific natural disasters or emergencies in order to	11372
facilitate the provision of timely assistance.	11373

DISASTER SERVICES

11374

Pursuant to requests submitted by the Department of Public	11375
Safety, the Controlling Board may approve transfers from the	11376
Disaster Services Fund (5E2) to a Department of Public Safety	11377
General Revenue Fund appropriation item to provide for assistance	11378
to political subdivisions made necessary by natural disasters or	11379
emergencies. These transfers may be requested and approved prior	11380
to the occurrence of any specific natural disasters or emergencies	11381
in order to facilitate the provision of timely assistance. The	11382
Emergency Management Agency of the Department of Public Safety	11383
shall use the funding for disaster aid requests that meet the	11384
Emergency Management Agency's criteria for assistance.	11385

The Disaster Services Fund (5E2) shall be used by the	11386
Controlling Board, pursuant to requests submitted by state	11387
agencies, to transfer cash and appropriation authority to any fund	11388
and appropriation item for the payment of state agency program	11389
expenses as follows:	11390

(A) The Southern Ohio flooding, referred to as	11391
FEMA-DR-1164-OH;	11392

(B) The flood and storm disaster referred to as	11393
FEMA-DR-1227-OH;	11394

(C) The Southern Ohio flooding, referred to as	11395
FEMA-DR-1321-OH;	11396

(D) The flooding referred to as FEMA-DR-1339-OH;

11397

(E) The tornado and storms referred to as FEMA-DR-1343-OH;

11398

(F) Other disasters declared by the Governor, if the Director	11399
of Budget and Management determines that sufficient funds exist	11400
beyond the expected program costs of these other disasters.	11401

The unencumbered balance of the Disaster Services Fund (5E2)	11402
at the end of fiscal year 2006 is transferred to fiscal year 2007	11403
for use for the same purposes as in fiscal year 2006.	11404

SOUTHERN OHIO CORRECTIONAL FACILITY COST

11405

The Division of Criminal Justice Services in the Department	11406
of Public Safety and the Public Defender Commission may each	11407
request, upon approval of the Director of Budget and Management,	11408
additional funds from appropriation item 911-401, Emergency	11409
Purposes/Contingencies, for costs related to the disturbance that	11410
occurred on April 11, 1993, at the Southern Ohio Correctional	11411
Facility in Lucasville, Ohio.	11412

MANDATE ASSISTANCE

11413

(A) The foregoing appropriation item 911-404, Mandate	11414
Assistance, shall be used to provide financial assistance to local	11415
units of government and school districts for the cost of the	11416
following two unfunded state mandates:	11417

(1) The cost to county prosecutors for prosecuting certain	11418
felonies that occur on the grounds of state institutions operated	11419
by the Department of Rehabilitation and Correction and the	11420
Department of Youth Services;	11421

(2) The cost to school districts of in-service training for	11422
child abuse detection.	11423

(B) The Division of Criminal Justice Services in the	11424
Department of Public Safety and the Department of Education may	11425
prepare and submit to the Controlling Board one or more requests	11426
to transfer appropriations from appropriation item 911-404,	11427
Mandate Assistance. The state agencies charged with this	11428
administrative responsibility are listed below, as well as the	11429
estimated annual amounts that may be used for each program of	11430
state financial assistance.	11431

		ADMINISTERING		ESTIMATED ANNUAL		11432
PROGRAM		AGENCY		AMOUNT		11433

Prosecution Costs		Division of Criminal		$150,000		11434
		Justice Services				11435
Child Abuse Detection Training Costs		Department of Education		$500,000		11436

(C) Subject to the total amount appropriated in each fiscal	11437
year for appropriation item 911-404, Mandate Assistance, the	11438
Division of Criminal Justice Services in the Department of Public	11439
Safety and the Department of Education may request from the	11440
Controlling Board that amounts smaller or larger than these	11441
estimated annual amounts be transferred to each program.	11442

(D) In addition to making the initial transfers requested by	11443
the Division of Criminal Justice Services in the Department of	11444
Public Safety and the Department of Education, the Controlling	11445
Board may transfer appropriations received by a state agency under	11446
this section back to appropriation item 911-404, Mandate	11447
Assistance, or to the other program of state financial assistance	11448
identified under this section.	11449

(E) It is expected that not all costs incurred by local units	11450
of government and school districts under each of the two programs	11451
of state financial assistance identified in this section will be	11452
fully reimbursed by the state. Reimbursement levels may vary by	11453
program and shall be based on: the relationship between the	11454
appropriation transfers requested by the Division of Criminal	11455
Justice Services in the Department of Public Safety and the	11456
Department of Education and provided by the Controlling Board for	11457
each of the programs; the rules and procedures established for	11458
each program by the administering state agency; and the actual	11459
costs incurred by local units of government and school districts.	11460

(F) Each of these programs of state financial assistance	11461
shall be carried out as follows:	11462

(1) PROSECUTION COSTS

11463

(a) Appropriations may be transferred to the Division of	11464
Criminal Justice Services in the Department of Public Safety to	11465
cover local prosecution costs for aggravated murder, murder,	11466
felonies of the first degree, and felonies of the second degree	11467
that occur on the grounds of institutions operated by the	11468
Department of Rehabilitation and Correction and the Department of	11469
Youth Services.	11470

(b) Upon a delinquency filing in juvenile court or the return	11471
of an indictment for aggravated murder, murder, or any felony of	11472
the first or second degree that was committed at a Department of	11473
Youth Services or a Department of Rehabilitation and Correction	11474
institution, the affected county may, in accordance with rules	11475
that the Division of Criminal Justice Services in the Department	11476
of Public Safety shall adopt, apply to the Division of Criminal	11477
Justice Services for a grant to cover all documented costs that	11478
are incurred by the county prosecutor's office.	11479

(c) Twice each year, the Division of Criminal Justice	11480
Services in the Department of Public Safety shall designate	11481
counties to receive grants from those counties that have submitted	11482
one or more applications in compliance with the rules that have	11483
been adopted by the Division of Criminal Justice Services for the	11484
receipt of such grants. In each year's first round of grant	11485
awards, if sufficient appropriations have been made, up to a total	11486
of $100,000 may be awarded. In each year's second round of grant	11487
awards, the remaining appropriations available for this purpose	11488
may be awarded.	11489

(d) If for a given round of grants there are insufficient	11490
appropriations to make grant awards to all the eligible counties,	11491
the first priority shall be given to counties with cases involving	11492
aggravated murder and murder; second priority shall be given to	11493
counties with cases involving a felony of the first degree; and	11494
third priority shall be given to counties with cases involving a	11495
felony of the second degree. Within these priorities, the grant	11496
awards shall be based on the order in which the applications were	11497
received, except that applications for cases involving a felony of	11498
the first or second degree shall not be considered in more than	11499
two consecutive rounds of grant awards.	11500

(2) CHILD ABUSE DETECTION TRAINING COSTS

11501

Appropriations may be transferred to the Department of	11502
Education for disbursement to local school districts as full or	11503
partial reimbursement for the cost of providing in-service	11504
training for child abuse detection. In accordance with rules that	11505
the department shall adopt, a local school district may apply to	11506
the department for a grant to cover all documented costs that are	11507
incurred to provide in-service training for child abuse detection.	11508
The department shall make grants within the limits of the funding	11509
provided.	11510

(G) Any moneys allocated within appropriation item 911-404,	11511
Mandate Assistance, not fully utilized may, upon application of	11512
the Ohio Public Defender Commission, and with the approval of the	11513
Controlling Board, be disbursed to boards of county commissioners	11514
to provide additional reimbursement for the costs incurred by	11515
counties in providing defense to indigent defendants pursuant to	11516
Chapter 120. of the Revised Code. Application for the unutilized	11517
funds shall be made by the Ohio Public Defender Commission at the	11518
first June meeting of the Controlling Board.	11519

The amount to be disbursed to each county shall be allocated	11520
proportionately on the basis of the total amount of reimbursement	11521
paid to each county as a percentage of the amount of reimbursement	11522
paid to all of the counties during the most recent state fiscal	11523
year for which data is available and as calculated by the Ohio	11524
Public Defender Commission.	11525

BALLOT ADVERTISING COSTS

11526

Pursuant to requests submitted by the Ohio Ballot Board, the	11527
Controlling Board shall approve transfers from the foregoing	11528
appropriation item 911-441, Ballot Advertising Costs, to an Ohio	11529
Ballot Board appropriation item in order to reimburse county	11530
boards of elections for the cost of public notices associated with	11531
statewide ballot initiatives.	11532

Sec. 206.33.  ETH OHIO ETHICS COMMISSION

11533

General Revenue Fund

11534

GRF	146-321		Operating Expenses		$	1,536,213		$	1,536,213 1,742,213		11535
TOTAL GRF General Revenue Fund					$	1,536,213		$	1,536,213 1,742,213		11536

General Services Fund Group

11537

4M6	146-601		Operating Expenses		$	502,543		$	432,543		11538
TOTAL GSF General Services											11539
Fund Group					$	502,543		$	432,543		11540
TOTAL ALL BUDGET FUND GROUPS					$	2,038,756		$	1,968,756 2,174,756		11541

OPERATING EXPENSES

11542

Of the foregoing GRF appropriation item 146-321, Operating	11543
Expenses, in fiscal year 2007 $56,000 shall be used to complete	11544
the Financial Disclosure Database, and in addition to amounts	11545
already designated for investigative services, an additional	11546
$150,000 shall be used for that purpose.	11547

Sec. 206.66.06. GOVERNOR'S OFFICE OF FAITH-BASED AND	11548
COMMUNITY INITIATIVES	11549

Of the foregoing appropriation item 600-321, Support	11550
Services, up to $312,500 per fiscal year may be used to support	11551
the activities of the Governor's Office of Faith-Based and	11552
Community Initiatives.	11553

MEDICAID ADMINISTRATIVE STUDY COUNCIL FUNDING

11554

Of the foregoing appropriation item 600-321, Support	11555
Services, $1,000,000 in fiscal year 2006 and $500,000 in fiscal	11556
year 2007 shall be provided to the Medicaid Administrative Study	11557
Council to carry out the duties of the Council as specified under	11558
the section of this actAm. Sub. H.B. 66 of the 126th General	11559
Assembly entitled "MEDICAID ADMINISTRATIVE STUDY COUNCIL."	11560

MEDICAID AGENCY TRANSITION

11561

The Director of Budget and Management may transfer in the	11562
Department of Job and Family Services up to $1,000,000 in	11563
appropriations from GRF appropriation item 600-321, Support	11564
Services, to newly created GRF appropriation item 042-416,	11565
Medicaid Agency Transition, in the Office of Budget and	11566
Management. The amount transferred is hereby appropriated. The	11567
funds shall be administered by the Office of Budget and Management	11568
and shall be used as specified in Section 203.57 of Am. Sub. H.B.	11569
66 of the 126th General Assembly as amended by this act.	11570

Sec. 209.54.  PUC PUBLIC UTILITIES COMMISSION OF OHIO

11571

General Services Fund Group

11572

5F6	870-622		Utility and Railroad Regulation		$	31,272,222		$	31,272,223		11573
5F6	870-624		NARUC/NRRI Subsidy		$	167,233		$	167,233		11574
5F6	870-625		Motor Transportation Regulation		$	5,361,239		$	5,361,238		11575
TOTAL GSF General Services											11576
Fund Group					$	36,800,694		$	36,800,694		11577

Federal Special Revenue Fund Group

11578

3V3	870-604		Commercial Vehicle Information Systems/Networks		$	300,000		$	300,000		11579
333	870-601		Gas Pipeline Safety		$	597,957		$	597,957		11580
350	870-608		Motor Carrier Safety		$	7,027,712		$	7,027,712		11581
TOTAL FED Federal Special Revenue											11582
Fund Group					$	7,925,669		$	7,925,669		11583

State Special Revenue Fund Group

11584

4A3	870-614		Grade Crossing Protection Devices-State		$	1,349,757		$	1,349,757		11585
4L8	870-617		Pipeline Safety-State		$	187,621		$	187,621		11586
4S6	870-618		Hazardous Material Registration		$	464,325		$	464,325		11587
4S6	870-621		Hazardous Materials Base State Registration		$	373,346		$	373,346		11588
4U8	870-620		Civil Forfeitures		$	284,986		$	284,986		11589
5BP	870-623		Wireless 911 9-1-1 Administration		$	650,000		$	375,000		11590
559	870-605		Public Utilities Territorial Administration		$	4,000		$	4,000		11591
560	870-607		Special Assessment		$	100,000		$	100,000		11592
561	870-606		Power Siting Board		$	337,210		$	337,210		11593
638	870-611		Biomass Energy Program		$	40,000		$	40,000		11594
661	870-612		Hazardous Materials Transportation		$	900,000		$	900,000		11595
TOTAL SSR State Special Revenue											11596
Fund Group					$	4,691,245		$	4,416,245		11597

Agency Fund Group

11598

4G4	870-616		Base State Registration Program		$	5,600,000		$	5,600,000		11599
TOTAL AGY Agency Fund Group					$	5,600,000		$	5,600,000		11600
TOTAL ALL BUDGET FUND GROUPS					$	55,017,608		$	54,742,608		11601

COMMERCIAL VEHICLE INFORMATION SYSTEMS AND NETWORKS PROJECT

11602

The Commercial Vehicle Information Systems and Networks Fund	11603
is hereby created in the state treasury. The fund shall receive	11604
funding from the United States Department of Transportation's	11605
Commercial Vehicle Intelligent Transportation System	11606
Infrastructure Deployment Program and shall be used to deploy the	11607
Ohio Commercial Vehicle Information Systems and Networks Project	11608
and to expedite and improve the safety of motor carrier operations	11609
through electronic exchange of data by means of on-highway	11610
electronic systems.	11611

On the effective date of this amendment, or as soon as	11612
possible thereafter, the Director of Budget and Management shall	11613
transfer $150,000 in cash from Fund 3V3, Commercial Vehicle	11614
Information Systems/Networks, to Fund 4U8, Civil Forfeitures, and	11615
$350,000 in cash from Fund 3V3, Commercial Vehicle Information	11616
Systems/Networks, to Fund 4S6, Hazardous Materials Registration.	11617
The purpose of the transfers is to repay the temporary cash	11618
transfers that were made into Fund 3V3, Commercial Vehicle	11619
Information Systems/Networks, in fiscal year 2002.	11620

ENHANCED AND WIRELESS ENHANCED 9-1-1

11621

The foregoing appropriation item 870-623, Wireless 9119-1-1	11622
Administration, shall be used pursuant to section 4931.63 of the	11623
Revised Code.	11624

CASH TRANSFER TO THE PUBLIC UTILITIES FUND

11625

If the cash available in the Public Utilities Fund (Fund 5F6)	11626
is insufficient to support the fiscal year 2007 appropriation to	11627
appropriation item 870-625, Motor Transportation Regulation,	11628
because of delayed implementation of the federal Unified Carrier	11629
Registration Program, the Chairman of the Public Utilities	11630
Commission shall notify the Director of Budget and Management.	11631
Upon receiving the notification, the Director may transfer up to	11632
$2,100,000 in fiscal year 2007 from the General Revenue Fund to	11633
the Public Utilities Fund (Fund 5F6).	11634

If, after receiving any transfers pursuant to the preceding	11635
paragraph, the Public Utilities Fund (Fund 5F6) receives revenue	11636
for the purpose of motor transportation regulation pursuant to a	11637
continuation of the Single-State Registration Program or the	11638
implementation of the Unified Carrier Registration Program, the	11639
Director of Budget and Management may transfer cash from the	11640
Public Utilities Fund (Fund 5F6) to the General Revenue Fund up to	11641
the amount originally transferred pursuant to the preceding	11642
paragraph.	11643

Sec. 209.63.30. ACCESS CHALLENGE

11644

In each fiscal year, the foregoing appropriation item	11645
235-418, Access Challenge, shall be distributed to Ohio's	11646
state-assisted access colleges and universities. For the purposes	11647
of this allocation, "access campuses" includes state-assisted	11648
community colleges, state community colleges, technical colleges,	11649
Shawnee State University, Central State University, Cleveland	11650
State University, the regional campuses of state-assisted	11651
universities, and, where they are organizationally distinct and	11652
identifiable, the community-technical colleges located at the	11653
University of Cincinnati, Youngstown State University, and the	11654
University of Akron.	11655

The purpose of Access Challenge is to reduce the student	11656
share of costs for resident undergraduates enrolled in lower	11657
division undergraduate courses at Ohio's access campuses. The	11658
long-term goal is to make the student share of costs for these	11659
students equivalent to the student share of costs for resident	11660
undergraduate students enrolled throughout Ohio's public colleges	11661
and universities. Access Challenge appropriations shall be used in	11662
both years of the biennium to sustain, as much as possible, the	11663
tuition restraint or tuition reduction that was achieved with	11664
Access Challenge allocations in prior years.	11665

In fiscal year 2006, Access Challenge subsidies shall be	11666
distributed by the Board of Regents to eligible access campuses on	11667
the basis of the average of each campus's share of fiscal year	11668
2003 and 2004 all-terms subsidy-eligible General Studies FTEs. In	11669
fiscal year 2007, Access Challenge subsidies shall be distributed	11670
by the Board of Regents to eligible access campuses on the basis	11671
of the average of each campus's share of fiscal year 2004 and 2005	11672
all-terms subsidy-eligible General Studies FTEs.	11673

For purposes of this calculation, Cleveland State	11674
University's enrollments shall be adjusted by the ratio of the sum	11675
of subsidy-eligible lower-division FTE student enrollments	11676
eligible for access funding to the sum of subsidy-eligible General	11677
Studies FTE student enrollments at Central State University and	11678
Shawnee State University, and for the following universities and	11679
their regional campuses: the Ohio State University, Ohio	11680
University, Kent State University, Bowling Green State University,	11681
Miami University, the University of Cincinnati, the University of	11682
Akron, and Wright State University.	11683

Of the foregoing appropriation item 235-418, Access	11684
Challenge, $10,172,626 in fiscal year 2006 and $9,663,995	11685
$11,413,995 in fiscal year 2007 shall be used by Central State	11686
University to keep undergraduate fees below the statewide average,	11687
consistent with its mission of service to many first-generation	11688
college students from groups historically underrepresented in	11689
higher education and from families with limited incomes.	11690

Sec. 209.93.  SOS SECRETARY OF STATE

11691

General Revenue Fund

11692

GRF	050-321		Operating Expenses		$	2,585,000		$	2,585,000		11693
GRF	050-403		Election Statistics		$	103,936		$	103,936		11694
GRF	050-407		Pollworkers Training		$	277,997		$	277,997		11695
GRF	050-409		Litigation Expenditures		$	4,652		$	4,652		11696
TOTAL GRF General Revenue Fund					$	2,971,585		$	2,971,585		11697

General Services Fund Group

11698

4S8	050-610		Board of Voting Machine Examiners		$	7,200		$	7,200		11699
412	050-609		Notary Commission		$	685,250		$	685,249		11700
413	050-601		Information Systems		$	169,955		$	169,955		11701
414	050-602		Citizen Education Fund		$	75,700		$	55,712		11702
TOTAL General Services Fund Group					$	938,105		$	918,116		11703

Federal Special Revenue Fund Group

11704

3AS	050-616		2005 HAVA Voting Machines		$	37,436,203		$	0		11705
3X4	050-612		Ohio Center/Law Related Educational Grant		$	41,000		$	41,000		11706
TOTAL FED Federal Special Revenue											11707
Fund Group					$	37,477,203		$	41,000		11708

State Special Revenue Fund Group

11709

5N9	050-607		Technology Improvements		$	129,565		$	129,565		11710
599	050-603		Business Services Operating Expenses		$	13,741,745		$	13,761,734		11711
TOTAL SSR State Special Revenue											11712
Fund Group					$	13,871,310		$	13,891,299		11713

Holding Account Redistribution Fund Group

11714

R01	050-605		Uniform Commercial Code Refunds		$	65,000		$	65,000		11715
R02	050-606		Corporate/Business Filing Refunds		$	100,000		$	100,000		11716
TOTAL 090 Holding Account											11717
Redistribution Fund Group					$	165,000		$	165,000		11718
TOTAL ALL BUDGET FUND GROUPS					$	55,423,203		$	17,987,000		11719

BOARD OF VOTING MACHINE EXAMINERS

11720

The foregoing appropriation item 050-610, Board of Voting	11721
Machine Examiners, shall be used to pay for the services and	11722
expenses of the members of the Board of Voting Machine Examiners,	11723
and for other expenses that are authorized to be paid from the	11724
Board of Voting Machine Examiners Fund, which is created in	11725
section 3506.05 of the Revised Code. Moneys not used shall be	11726
returned to the person or entity submitting the equipment for	11727
examination. If it is determined that additional appropriations	11728
are necessary, such amounts are appropriated.	11729

2005 HAVA VOTING MACHINES

11730

On July 1, 2005, or as soon as possible thereafter, the	11731
Secretary of State shall certify to the Director of Budget and	11732
Management the cash balance in Fund 3AR, appropriation item	11733
050-615, 2004 HAVA Voting Machines. The Director of Budget and	11734
Management shall transfer the certified amount of cash to Fund	11735
3AS, 050-616, 2005 HAVA Voting Machines, for use in fiscal year	11736
2006. The transferred amount is hereby appropriated.	11737

On July 1, 2006, or as soon as possible thereafter, the	11738
Director of Budget and Management shall transfer any remaining	11739
unexpended, unencumbered appropriations in Fund 3AS, appropriation	11740
item 050-616, 2005 HAVA Voting Machines, at the end of fiscal year	11741
2006 to fiscal year 2007 for use under the same appropriation	11742
item.	11743

On January 1, 2007, or as soon as possible thereafter, the	11744
Director of Budget and Management shall transfer up to $6,832,753	11745
in cash from the General Revenue Fund (GRF) to the credit of the	11746
Federal Election Reform Fund (Fund 3AA), the Election	11747
Reform/Health and Human Services Fund (Fund 3AH), the 2004 HAVA	11748
Voting Machines Fund (Fund 3AR), the 2005 HAVA Voting Machines	11749
Fund (Fund 3AS), and the Voter/Poll Worker Education Fund (Fund	11750
3AT).	11751

All investment earnings and amounts equal to the interest	11752
earnings from the first and second quarter of fiscal year 2007 of	11753
the federal Election Reform/Health and Human Services Fund (Fund	11754
3AH) and the 2005 HAVA Voting Machines Fund (Fund 3AS) shall be	11755
credited to the respective funds and distributed in accordance	11756
with the terms of the grant under which the money is received.	11757

Interest earnings from the federal Election Reform/Health and	11758
Human Services Fund (Fund 3AH) and the 2005 HAVA Voting Machines	11759
Fund (Fund 3AS) shall be credited to the respective funds and	11760
distributed in accordance with the terms of the grant under which	11761
the money is received.	11762

HOLDING ACCOUNT REDISTRIBUTION GROUP

11763

The foregoing appropriation items 050-605 and 050-606,	11764
Holding Account Redistribution Fund Group, shall be used to hold	11765
revenues until they are directed to the appropriate accounts or	11766
until they are refunded. If it is determined that additional	11767
appropriations are necessary, such amounts are appropriated.	11768

Section 401.11. That existing Sections 203.12.06, 203.24,	11769
203.57, 203.81, 206.33, 206.66.06, 209.54, 209.63.30, and 209.93	11770
of Am. Sub. H.B. 66 of the 126th General Assembly are hereby	11771
repealed.	11772

Section 405.10. That Section 203.27 of Am. Sub. H.B. 66 of	11773
the 126th General Assembly, as amended by Sub. H.B. 440 of the	11774
126th General Assembly, be amended to read as follows:	11775

Sec. 203.27.  AIR AIR QUALITY DEVELOPMENT AUTHORITY

11776

General Revenue Fund

11777

GRF	898-401		FutureGen Assistance		$	0		$	1,000,000		11778
GRF	898-402		Coal Development Office		$	568,814		$	573,814		11779
GRF	898-901		Coal R&D General Obligation Debt Service		$	7,071,100		$	8,980,800		11780
TOTAL GRF General Revenue Fund					$	7,639,914		$	10,554,614		11781

State Special Revenue Fund Group

11782

5DR	898-606		FutureGen Initiative		$	0		$	250,000		11783
TOTAL SSR State Special Revenue Fund Group					$	0		$	250,000		11784

Agency Fund Group

11785

4Z9	898-602		Small Business Ombudsman		$	263,165		$	264,196		11786
5A0	898-603		Small Business Assistance		$	71,087		$	71,087		11787
570	898-601		Operating Expenses		$	256,875		$	263,693		11788
TOTAL AGY Agency Fund Group					$	591,127		$	598,976		11789

Coal Research/Development Fund

11790

046	898-604		Coal Research and Development Fund		$	10,000,000		$	10,000,000		11791
TOTAL 046 Coal Research/Development Fund					$	10,000,000		$	10,000,000		11792
TOTAL ALL BUDGET FUND GROUPS					$	18,231,041		$	21,403,590		11793

COAL DEVELOPMENT OFFICE

11794

The foregoing appropriation item GRF 898-402, Coal	11795
Development Office, shall be used for the administrative costs of	11796
the Coal Development Office.	11797

COAL RESEARCH AND DEVELOPMENT GENERAL OBLIGATION DEBT SERVICE

11798

The foregoing appropriation item GRF 898-901, Coal R & D	11799
General Obligation Debt Service, shall be used to pay all debt	11800
service and related financing costs at the times they are required	11801
to be made under sections 151.01 and 151.07 of the Revised Code	11802
during the period from July 1, 2005, to June 30, 2007. The Office	11803
of the Sinking Fund or the Director of Budget and Management shall	11804
effectuate the required payments by intrastate transfer voucher.	11805

SCIENCE AND TECHNOLOGY COLLABORATION

11806

The Air Quality Development Authority shall work in close	11807
collaboration with the Department of Development, the Board of	11808
Regents, and the Third Frontier Commission in relation to	11809
appropriation items and programs referred to as Alignment Programs	11810
in the following paragraph, and other technology-related	11811
appropriations and programs in the Department of Development, Air	11812
Quality Development Authority, and the Board of Regents as those	11813
agencies may designate, to ensure implementation of a coherent	11814
state strategy with respect to science and technology.	11815

To the extent permitted by law, the Air Quality Development	11816
Authority shall assure that coal research and development	11817
programs, proposals, and projects consider or incorporate	11818
appropriate collaborations with Third Frontier Project programs	11819
and grantees and with Alignment Programs and grantees.	11820

"Alignment Programs" means: appropriation items 195-401,	11821
Thomas Edison Program; 898-402, Coal Development Office; 195-422,	11822
Third Frontier Action Fund; 898-604, Coal Research and Development	11823
Fund; 235-433, Economic Growth Challenge; 235-508, Air Force	11824
Institute of Technology; 235-510, Ohio Supercomputer Center;	11825
235-451, Eminent Scholars; 235-527, Ohio Aerospace Institute;	11826
235-535, Ohio Agricultural Research and Development Center;	11827
235-553, Dayton Area Graduate Studies Institute; 235-554,	11828
Priorities in Collaborative Graduate Education; 235-556, Ohio	11829
Academic Resources Network; and 195-435, Biomedical Research and	11830
Technology Transfer Trust.	11831

Consistent with the recommendations of the Governor's	11832
Commission on Higher Education and the Economy, Alignment Programs	11833
shall be managed and administered (1) to build on existing	11834
competitive research strengths, (2) to encourage new and emerging	11835
discoveries and commercialization of ideas and products that will	11836
benefit the Ohio economy, and (3) to assure improved collaboration	11837
among Alignment Programs, with programs administered by the Third	11838
Frontier Commission, and with other state programs that are	11839
intended to improve economic growth and job creation.	11840

As directed by the Third Frontier Commission, Alignment	11841
Program managers shall report to the Commission or to the Third	11842
Frontier Advisory Board on the contributions of their programs to	11843
achieving the objectives stated in the preceding paragraph.	11844

Each alignment program shall be reviewed annually by the	11845
Third Frontier Commission with respect to its development of	11846
complementary relationships within a combined state science and	11847
technology investment portfolio and its overall contribution to	11848
the state's science and technology strategy, including the	11849
adoption of appropriately consistent criteria for: (1) the	11850
scientific merit of activities supported by the program; (2) the	11851
relevance of the program's activities to commercial opportunities	11852
in the private sector; (3) the private sector's involvement in a	11853
process that continually evaluates commercial opportunities to use	11854
the work supported by the program; and (4) the ability of the	11855
program and recipients of grant funding from the program to engage	11856
in activities that are collaborative, complementary, and efficient	11857
with respect to the expenditure of state funds. Each alignment	11858
program shall provide annual reports to the Third Frontier	11859
Commission discussing existing, planned, or possible	11860
collaborations between programs and recipients of grant funding	11861
related to technology, development, commercialization, and	11862
supporting Ohio's economic development. The annual review by the	11863
Third Frontier Commission shall be a comprehensive review of the	11864
entire state science and technology program portfolio rather than	11865
a review of individual programs.	11866

Applicants for Third Frontier and Alignment Program funding	11867
shall identify their requirements for high-performance computing	11868
facilities and services, including both hardware and software, in	11869
all proposals. If an applicant's requirements exceed approximately	11870
$100,000 for a proposal, the Ohio Supercomputer Center shall	11871
convene a panel of experts. The panel shall review the proposal to	11872
determine whether the proposal's requirements can be met through	11873
Ohio Supercomputer Center facilities or through other means and	11874
report its conclusion to the Third Frontier Commission.	11875

To ensure that the state receives the maximum benefit from	11876
its investment in the Third Frontier Project and the Third	11877
Frontier Network, organizations receiving Third Frontier awards	11878
and Alignment Program awards shall, as appropriate, be expected to	11879
have a connection to the Third Frontier Network that enables them	11880
and their collaborators to achieve award objectives through the	11881
Third Frontier Network.	11882

FUTUREGEN ASSISTANCE

11883

The foregoing appropriation item GRF 898-401, FutureGen	11884
Assistance, shall be used to make grants for the drilling of a	11885
test well to assist the state's efforts to secure or support the	11886
development and operation of the United States Department of	11887
Energy FutureGen Initiative pursuant to section 3706.01 of the	11888
Revised Code, as amended by this act.	11889

FUTUREGEN INITIATIVE

11890

The foregoing appropriation item 5DR 898-606, FutureGen	11891
Initiative, shall be used to make grants for the drilling of a	11892
test well to assist the state's efforts to secure or support the	11893
development and operation of the United States Department of	11894
Energy FutureGen Initiative pursuant to section 3706.01 of the	11895
Revised Code, as amended by this act.	11896

Section 405.11. That existing Section 203.27 of Am. Sub. H.B.	11897
66 of the 126th General Assembly, as amended by Sub. H.B. 440 of	11898
the 126th General Assembly, is hereby repealed.	11899

Section 405.16. That Section 209.63 of Am. Sub. H.B. 66 of	11900
the 126th General Assembly, as most recently amended by Sub. H.B.	11901
478 and Am. Sub. H.B. 530, both of the 126th General Assembly, be	11902
amended to read as follows:	11903

Sec. 209.63.  BOR BOARD OF REGENTS

11904

General Revenue Fund

11905

GRF	235-321		Operating Expenses		$	2,897,659		$	2,966,351		11906
GRF	235-401		Lease Rental Payments		$	200,619,200		$	200,795,300		11907
GRF	235-402		Sea Grants		$	231,925		$	231,925		11908
GRF	235-406		Articulation and Transfer		$	2,900,000		$	2,900,000		11909
GRF	235-408		Midwest Higher Education Compact		$	90,000		$	90,000		11910
GRF	235-409		Information System		$	1,146,510		$	1,175,172		11911
GRF	235-414		State Grants and Scholarship Administration		$	1,352,811		$	1,382,881		11912
GRF	235-415		Jobs Challenge		$	9,348,300		$	9,348,300		11913
GRF	235-417		Ohio Learning Network		$	3,119,496		$	3,119,496		11914
GRF	235-418		Access Challenge		$	73,513,302		$	73,004,671 74,754,671		11915
GRF	235-420		Success Challenge		$	52,601,934		$	52,601,934		11916
GRF	235-428		Appalachian New Economy Partnership		$	1,176,068		$	1,176,068		11917
GRF	235-433		Economic Growth Challenge		$	20,343,097		$	23,186,194		11918
GRF	235-434		College Readiness and Access		$	6,375,975		$	7,655,425		11919
GRF	235-435		Teacher Improvement Initiatives		$	2,697,506		$	2,697,506		11920
GRF	235-451		Eminent Scholars		$	0		$	1,370,988		11921
GRF	235-455		EnterpriseOhio Network		$	1,373,941		$	1,373,941		11922
GRF	235-474		Area Health Education Centers Program Support		$	1,571,756		$	1,571,756		11923
GRF	235-501		State Share of Instruction		$	1,559,096,031		$	1,589,096,031		11924
GRF	235-502		Student Support Services		$	795,790		$	795,790		11925
GRF	235-503		Ohio Instructional Grants		$	121,151,870		$	92,496,969		11926
GRF	235-504		War Orphans Scholarships		$	4,672,321		$	4,672,321		11927
GRF	235-507		OhioLINK		$	6,887,824		$	6,887,824		11928
GRF	235-508		Air Force Institute of Technology		$	1,925,345		$	1,925,345		11929
GRF	235-510		Ohio Supercomputer Center		$	4,271,195		$	4,271,195		11930
GRF	235-511		Cooperative Extension Service		$	25,644,863		$	25,644,863		11931
GRF	235-513		Ohio University Voinovich Center		$	336,082		$	336,082		11932
GRF	235-515		Case Western Reserve University School of Medicine		$	3,011,271		$	3,011,271		11933
GRF	235-518		Capitol Scholarship Program		$	125,000		$	125,000		11934
GRF	235-519		Family Practice		$	4,548,470		$	4,548,470		11935
GRF	235-520		Shawnee State Supplement		$	1,918,830		$	1,822,889		11936
GRF	235-521		The Ohio State University Glenn Institute		$	286,082		$	286,082		11937
GRF	235-524		Police and Fire Protection		$	171,959		$	171,959		11938
GRF	235-525		Geriatric Medicine		$	750,110		$	750,110		11939
GRF	235-526		Primary Care Residencies		$	2,245,688		$	2,245,688		11940
GRF	235-527		Ohio Aerospace Institute		$	1,764,957		$	1,764,957		11941
GRF	235-530		Academic Scholarships		$	7,800,000		$	7,800,000		11942
GRF	235-531		Student Choice Grants		$	50,853,276		$	52,985,376		11943
GRF	235-534		Student Workforce Development Grants		$	2,137,500		$	2,137,500		11944
GRF	235-535		Ohio Agricultural Research and Development Center		$	35,955,188		$	35,955,188		11945
GRF	235-536		The Ohio State University Clinical Teaching		$	13,565,885		$	13,565,885		11946
GRF	235-537		University of Cincinnati Clinical Teaching		$	11,157,756		$	11,157,756		11947
GRF	235-538		University of Toledo Clinical Teaching		$	8,696,866		$	8,696,866		11948
GRF	235-539		Wright State University Clinical Teaching		$	4,225,107		$	4,225,107		11949
GRF	235-540		Ohio University Clinical Teaching		$	4,084,540		$	4,084,540		11950
GRF	235-541		Northeastern Ohio Universities College of Medicine Clinical Teaching		$	4,200,945		$	4,200,945		11951
GRF	235-543		Ohio College of Podiatric Medicine Clinic Subsidy		$	250,000		$	250,000		11952
GRF	235-547		School of International Business		$	450,000		$	450,000		11953
GRF	235-549		Part-time Student Instructional Grants		$	14,457,721		$	10,534,617		11954
GRF	235-552		Capital Component		$	19,059,866		$	19,059,866		11955
GRF	235-553		Dayton Area Graduate Studies Institute		$	2,806,599		$	2,806,599		11956
GRF	235-554		Priorities in Collaborative Graduate Education		$	2,355,548		$	2,355,548		11957
GRF	235-555		Library Depositories		$	1,696,458		$	1,696,458		11958
GRF	235-556		Ohio Academic Resources Network		$	3,727,223		$	3,727,223		11959
GRF	235-558		Long-term Care Research		$	211,047		$	211,047		11960
GRF	235-561		Bowling Green State University Canadian Studies Center		$	100,015		$	100,015		11961
GRF	235-563		Ohio College Opportunity Grant		$	0		$	58,144,139		11962
GRF	235-572		The Ohio State University Clinic Support		$	1,277,019		$	1,277,019		11963
GRF	235-583		Urban University Program		$	4,992,937		$	4,992,937		11964
GRF	235-587		Rural University Projects		$	1,147,889		$	1,147,889		11965
GRF	235-596		Hazardous Materials Program		$	360,435		$	360,435		11966
GRF	235-599		National Guard Scholarship Program		$	15,128,472		$	16,611,063		11967
GRF	235-909		Higher Education General Obligation Debt Service		$	137,600,300		$	152,114,100		11968
TOTAL GRF General Revenue Fund					$	2,469,261,760		$	2,548,148,872 2,549,898,872		11969

General Services Fund Group

11970

220	235-614		Program Approval and Reauthorization		$	400,000		$	400,000		11971
456	235-603		Sales and Services		$	700,000		$	900,000		11972
TOTAL GSF General Services											11973
Fund Group					$	1,100,000		$	1,300,000		11974

Federal Special Revenue Fund Group

11975

3H2	235-608		Human Services Project		$	1,500,000		$	1,500,000		11976
3H2	235-622		Medical Collaboration Network		$	3,346,143		$	3,346,143		11977
3N6	235-605		State Student Incentive Grants		$	2,196,680		$	2,196,680		11978
3T0	235-610		National Health Service Corps - Ohio Loan Repayment		$	150,001		$	150,001		11979
312	235-609		Tech Prep		$	183,850		$	183,850		11980
312	235-611		Gear-up Grant		$	1,370,691		$	1,370,691		11981
312	235-612		Carl D. Perkins Grant/Plan Administration		$	112,960		$	112,960		11982
312	235-615		Professional Development		$	523,129		$	523,129		11983
312	235-617		Improving Teacher Quality Grant		$	2,900,000		$	2,900,000		11984
312	235-619		Ohio Supercomputer Center		$	6,000,000		$	6,000,000		11985
312	235-621		Science Education Network		$	1,686,970		$	1,686,970		11986
312	235-631		Federal Grants		$	250,590		$	250,590		11987
TOTAL FED Federal Special Revenue											11988
Fund Group					$	20,221,014		$	20,221,014		11989

State Special Revenue Fund Group

11990

4E8	235-602		Higher Educational Facility Commission Administration		$	55,000		$	55,000		11991
4P4	235-604		Physician Loan Repayment		$	476,870		$	476,870		11992
649	235-607		The Ohio State University Highway/Transportation Research		$	760,000		$	760,000		11993
682	235-606		Nursing Loan Program		$	893,000		$	893,000		11994
TOTAL SSR State Special Revenue											11995
Fund Group					$	2,184,870		$	2,184,870		11996
TOTAL ALL BUDGET FUND GROUPS					$	2,492,767,644		$	2,571,854,756 2,573,604,756		11997

Section 405.17. That existing Section 209.63 of Am. Sub. H.B.	11999
66 of the 126th General Assembly, as most recently amended by Sub.	12000
H.B. 478 and Am. Sub. H.B. 530, both of the 126th General	12001
Assembly, is hereby repealed.	12002

Section 411.10. That Section 212.30 of Am. Sub. H.B. 66 of	12003
the 126th General Assembly, as amended by Am. Sub. H.B. 530 of the	12004
126th General Assembly, be amended to read as follows:	12005

Sec. 212.30.  DVM STATE VETERINARY MEDICAL BOARD

12006

General Services Fund Group

12007

4K9	888-609		Operating Expenses		$	293,691		$	307,000		12008
5BU	888-602		Veterinary Student Loan Program		$	60,000		$	60,000		12009
TOTAL GSF General Services											12010
Fund Group					$	353,691		$	367,000		12011
TOTAL ALL BUDGET FUND GROUPS					$	353,691		$	367,000		12012

CASH TRANSFER TO VETERINARY STUDENT LOAN PROGRAMVETERINARIAN	12013
LOAN REPAYMENT FUND (FUND 5BU)	12014

On July 1, 2005, or as soon as possible thereafter, the	12015
Director of Budget and Management shall transfer $60,000 in cash	12016
from the Occupational Licensing and Regulatory Fund (Fund 4K9) to	12017
the Veterinary Student Loan ProgramVeterinarian Loan Repayment	12018
Fund (Fund 5BU), which is hereby created in division (B) of	12019
section 4741.46 of the Revised Code. The amount of the transfer is	12020
hereby appropriated.	12021

VETERINARY STUDENT LOAN PROGRAM

12022

The foregoing appropriation item 888-602, Veterinary Student	12023
Loan Program, shall be used by the Veterinary Medical Licensing	12024
Board to implement a student loan repayment program for veterinary	12025
students focusing on large animal populations, public health, or	12026
regulatory veterinary medicine.	12027

Section 411.11. That existing Section 212.30 of Am. Sub. H.B.	12028
66 of the 126th General Assembly, as amended by Am. Sub. H.B. 530	12029
of the 126th General Assembly, is hereby repealed.	12030

Section 415.10. That Section 243.10 of Am. Sub. H.B. 530 of	12031
the 126th General Assembly be amended to read as follows:	12032

Sec. 243.10. All items set forth in this section are hereby	12033
appropriated out of any moneys in the state treasury to the credit	12034
of the Cultural and Sports Facilities Building Fund (Fund 030)	12035
that are not otherwise appropriated:	12036

Reappropriations

AFC CULTURAL FACILITIES COMMISSION

12037

CAP-003		Center of Science and Industry - Toledo		$	7,542		12038
CAP-033		Woodward Opera House Renovation		$	1,150,000		12039
CAP-038		Center Exhibit Replacement		$	816,000		12040
CAP-042		Statewide Site Exhibit/Renovation & Construction		$	123,000		12041
CAP-043		Statewide Site Repairs		$	200,100		12042
CAP-046		Cincinnati Museum Center Improvements		$	250,000		12043
CAP-053		Powers Auditorium Improvements		$	250,000		12044
CAP-055		Waco Museum & Aviation Learning Center		$	500,000		12045
CAP-058		Cedar Bog Nature Preserve Education Center		$	766,200		12046
CAP-064		Bramley Historic House		$	75,000		12047
CAP-065		Beck Center for the Cultural Arts		$	100,000		12048
CAP-066		Delaware County Cultural Arts Center		$	40,000		12049
CAP-071		Cleveland Institute of Music		$	1,500,000		12050
CAP-072		West Side Arts Consortium		$	138,000		12051
CAP-073		Ice Arena Development		$	5,500,000		12052
CAP-074		Stan Hywet Hall & Gardens		$	1,000,000		12053
CAP-075		McKinley Museum Improvements		$	125,000		12054
CAP-076		Spring Hill Historic Home		$	125,000		12055
CAP-079		Lorain Palace Civic Theatre		$	200,000		12056
CAP-080		Great Lakes Historical Society		$	150,000		12057
CAP-745		Historic Sites and Museums		$	604,453		12058
CAP-753		Buffington Island State Memorial		$	73,500		12059
CAP-769		Rankin House State Memorial		$	192,000		12060
CAP-781		Historical Center Archives/Library		$	624,000		12061
CAP-784		Ohio Historical Center Rehabilitation		$	1,523,737		12062
CAP-789		Neil Armstrong Air and Space Museum Improvements		$	103,516		12063
CAP-809		Cincinnati Ballet Facility Improvements		$	450,000		12064
CAP-814		Crawford Museum of Transportation & Industry		$	2,500,000		12065
CAP-820		Historical Center Ohio Village Buildings		$	502,000		12066
CAP-821		Lorain County Historical Society		$	300,000		12067
CAP-822		Armory Youth Center		$	40,000		12068
CAP-823		Marion Palace Theatre		$	1,575,000		12069
CAP-824		McConnellsville Opera House		$	75,000		12070
CAP-825		Secrest Auditorium		$	75,000		12071
CAP-826		Renaissance Theatre		$	700,000		12072
CAP-827		Trumpet in the Land		$	100,000		12073
CAP-829		Mid-Ohio Valley Players		$	80,000		12074
CAP-830		The Anchorage		$	50,000		12075
CAP-834		Galion Historic Big Four Depot Restoration		$	170,000		12076
CAP-835		Jamestown Opera House		$	125,000		12077
CAP-837		Lake County Historical Society		$	250,000		12078
CAP-839		Hancock Historical Society		$	75,000		12079
CAP-840		Riversouth Development		$	1,000,000		12080
CAP-841		Ft. Piqua Hotel		$	200,000		12081
CAP-843		Marina District Amphitheatre and Related Development		$	2,000,000		12082
CAP-844		Chas. A. Eulett Education Center/Appalachian Museum		$	1,850,000		12083
CAP-845		Lima Historic Athletic Field		$	100,000		12084
CAP-846		Butler Palace Theatre		$	200,000		12085
CAP-847		Voice Of America Museum		$	275,000		12086
CAP-848		Oxford Arts Center ADA Project		$	72,000		12087
CAP-849		Clark County Community Arts Expansion Project		$	500,000		12088
CAP-850		Westcott House Historic Site		$	75,000		12089
CAP-851		Gen. Lytle Homestead-Harmony Hill		$	50,000		12090
CAP-852		Miami Township Community Amphitheatre		$	50,000		12091
CAP-853		Western Reserve Historical Society		$	1,000,000		12092
CAP-854		Cleveland Steamship Mather Museum		$	100,000		12093
CAP-855		Rock and Roll Hall of Fame		$	250,000		12094
CAP-858		Strongsville Historic Building		$	100,000		12095
CAP-859		Arts Castle		$	100,000		12096
CAP-860		Great Lakes Historical Society		$	325,000		12097
CAP-861		Ohio Glass Museum		$	250,000		12098
CAP-863		Ariel Theatre		$	100,000		12099
CAP-864		Bellbrook/Sugarcreek Historical Society		$	10,000		12100
CAP-867		Ensemble Theatre		$	450,000		12101
CAP-868		Taft Museum		$	500,000		12102
CAP-869		Art Academy of Cincinnati		$	100,000		12103
CAP-870		Riverbend Pavilion Improvements		$	250,000		12104
CAP-871		Cincinnati Art and Technical Academy - Longworth Hall		$	100,000		12105
CAP-872		Music Hall: Over-The-Rhine		$	750,000		12106
CAP-873		John Bloomfield Home Restoration		$	115,000		12107
CAP-874		Malinta Historical Society Caboose Exhibit		$	6,000		12108
CAP-875		Hocking County Historic Society - Schempp House		$	10,000		12109
CAP-876		Art Deco Markay Theatre		$	200,000		12110
CAP-877		Harvey Wells House		$	100,000		12111
CAP-879		Broad Street Historical Renovation		$	300,000		12112
CAP-880		Amherst Historical Society		$	35,000		12113
CAP-881		COSI - Toledo		$	1,580,000		12114
CAP-882		Ohio Theatre - Toledo		$	100,000		12115
CAP-883		Chester Academy Historic Site Renovation		$	25,000		12116
CAP-884		Bradford Ohio Railroad Museum		$	100,000		12117
CAP-885		Montgomery County Historical Society Archives		$	100,000		12118
CAP-886		Nelson T. Gant Historic Homestead		$	25,000		12119
CAP-887		Aurora Outdoor Sports Complex		$	50,000		12120
CAP-888		Preble County Historical Society		$	100,000		12121
CAP-889		Tecumseh Sugarloaf Mountain Amphitheatre		$	120,000		12122
CAP-890		Pro Football Hall of Fame		$	400,000		12123
CAP-891		Maps Air Museum		$	15,000		12124
CAP-892		Foundation Community Theatre		$	50,000		12125
CAP-893		William McKinley Library Restoration		$	250,000		12126
CAP-896		Richard Howe House		$	100,000		12127
CAP-897		Ward-Thomas Museum		$	30,000		12128
CAP-898		Packard Music Hall Renovation Project		$	1,075,000 675,000		12129
CAP-899		Holland Theatre		$	100,000		12130
CAP-900		Van Wert Historical Society		$	32,000		12131
CAP-901		Warren County Historical Society		$	225,000		12132
CAP-902		Marietta Colony Theatre		$	335,000		12133
CAP-903		West Salem Village Opera House		$	92,000		12134
CAP-904		Beavercreek Community Theater		$	100,000		12135
CAP-905		Smith Orr Homestead		$	100,000		12136
Total Cultural Facilities Commission				$	39,831,048 39,431,048		12137
TOTAL Cultural and Sports Facilities Building Fund				$	39,831,048 39,431,048		12138

ICE ARENA DEVELOPMENT

12139

The amount reappropriated for the foregoing appropriation	12140
item CAP-073, Ice Arena Development, is the unencumbered and	12141
unalloted balance, as of June 30, 2006, in appropriation item	12142
CAP-073, Ice Arena Development, which prior to July 1, 2006, was	12143
named "Marina District/Ice Arena Development," plus $2,000,000.	12144

Notwithstanding any provision of law to the contrary, on July	12145
1, 2006, or as soon thereafter as possible, the Director of Budget	12146
and Management shall transfer $2,000,000 from CAP-843, Marina	12147
District Amphitheatre and Related Development, which prior to July	12148
1, 2006, was named "Marina District/Ice Arena Development," to	12149
CAP-073, Ice Arena Development.	12150

The foregoing appropriation item CAP-073, Ice Arena	12151
Development, shall by used by the City of Toledo for the	12152
development of an ice arena in the City of Toledo.	12153

MARINA DISTRICT AMPHITHEATRE AND RELATED DEVELOPMENT

12154

The amount reappropriated for the foregoing appropriation	12155
item CAP-843, Marina District Amphitheatre and Related	12156
Development, is the unencumbered and unalloted balance, as of June	12157
30, 2006, in appropriation item CAP-843, Marina District	12158
Amphitheatre and Related Development, which prior to July 1, 2006,	12159
was named "Marina District/Ice Arena Development," minus	12160
$2,000,000.	12161

The foregoing appropriation item CAP-843, Marina District	12162
Amphitheatre and Related Development, shall be used by the City of	12163
Toledo for the development of an amphitheatre and related	12164
developments in the Marina District of Toledo.	12165

PACKARD MUSIC HALL RENOVATIONS PROJECT

12166

The amount reappropriated for the foregoing appropriation	12167
item CAP-898, Packard Music Hall Renovation Project, is the	12168
unencumbered and unalloted balance, as of June 30, 2006, in	12169
appropriation item CAP-898, Packard Music Hall Renovation Project,	12170
plus $975,000$575,000 of the unencumbered and unalloted balance,	12171
as of June 30, 2006, in appropriation item CAP-063, Robins Theatre	12172
Renovations.	12173

Section 415.11. That existing Section 243.10 of Am. Sub. H.B.	12174
530 of the 126th General Assembly is hereby repealed.	12175

Section 501.10. The item in this section is hereby	12176
appropriated as designated out of any moneys in the state treasury	12177
to the credit of the State Special Revenue Fund Group. For the	12178
appropriation made in this section, that in the first column is	12179
for fiscal year 2006 and that in the second column is for fiscal	12180
year 2007. The appropriation made in this section is in addition	12181
to any other appropriations made for the fiscal years 2006-2007	12182
biennium.	12183

JLE JOINT LEGISLATIVE ETHICS COMMITTEE

12184

State Special Revenue Fund Group

12185

4G7	028-601		Joint Legislative Ethics Committee		$	0		$	100,000		12186
TOTAL SSR State Special Revenue Fund					$	0		$	100,000		12187
TOTAL ALL BUDGET FUND GROUPS					$	0		$	100,000		12188

Within the limits set forth in this act, the Director of	12189
Budget and Management shall establish accounts indicating the	12190
source and amount of funds for the appropriation made in this	12191
section, and shall determine the form and manner in which the	12192
appropriation accounts shall be maintained. Expenditures from the	12193
appropriation contained in this section shall be accounted for as	12194
though made in H.B. 66 of the 126th General Assembly.	12195

The appropriation made in this section is subject to all	12196
provisions of H.B. 66 of the 126th General Assembly that are	12197
generally applicable to such an appropriation.	12198

Section 503.10. OHIO COMMUNITY SERVICE COUNCIL DEPOSIT

12199

On January 1, 2007, or as soon as possible thereafter, the	12200
Director of the Ohio Community Service Council may certify to the	12201
Director of Budget and Management the amount of cash posted to the	12202
Ohio Community Service Council Programs Fund (Fund 3R7) that	12203
should have been deposited to the OCSC Community Support Fund	12204
(Fund 624). The Director of Budget and Management may transfer	12205
cash up to the amount certified from the Ohio Community Service	12206
Council Programs Fund (Fund 3R7) to the OCSC Community Support	12207
Fund (Fund 624).	12208

Section 505.10. The amendment by this act to division (C) of	12209
section 2305.26 of the Revised Code applies to liens filed with	12210
the county recorder before, on, or after the effective date of the	12211
amendment.	12212

Section 507.10. TRANSFERS OF FISCAL YEAR 2007 GENERAL REVENUE	12213
FUND ENDING BALANCES	12214

Notwithstanding divisions (B)(1)(b), (B)(2), and (C) of	12215
section 131.44 of the Revised Code, the Director of Budget and	12216
Management may transfer up to $100,000,000 of the fiscal year 2007	12217
General Revenue Fund surplus to the Public School Building Fund	12218
(Fund 021).	12219

Section 507.20. TRANSFER FROM HALF-MILL EQUALIZATION FUND

12220

Notwithstanding division (F) of section 3318.18 of the	12221
Revised Code, between June 1, 2007, and June 30, 2007, the	12222
Director of Budget and Management may transfer up to $60,000,000	12223
in cash from the Half-Mill Equalization Fund (Fund 5BJ) to the	12224
Public School Building Fund (Fund 021).	12225

Section 509.10. HEALTH EMERGENCY FUND

12226

The Health Emergency Fund (Fund 5EC) is hereby created in the	12227
state treasury. The fund may be used by the Department of Health	12228
to purchase vaccines and antiviral drugs to stockpile for pandemic	12229
flu. The Director of Budget and Management, in consultation with	12230
the Director of Health, shall determine the amount of	12231
appropriation needed. The amount so determined is hereby	12232
appropriated. The Director of Budget and Management may transfer	12233
up to $17,500,000 in cash from the General Revenue Fund to the	12234
Health Emergency Fund (Fund 5EC) as needed. The Director of Budget	12235
and Management shall submit a letter to the Governor, the	12236
President and Minority Leader of the Senate, and the Speaker and	12237
Minority Leader of the House of Representatives detailing the cash	12238
transfers.	12239

Section 511.10. TANF INITIATIVES

12240

The Department of Job and Family Services, in accordance with	12241
sections 5101.80 and 5101.801 of the Revised Code, shall take the	12242
steps necessary, through interagency agreements, adoption of	12243
rules, or otherwise as determined by the Department, to implement	12244
and administer the Title IV-A programs identified in this section.	12245

STRENGTHENING FAMILIES INITIATIVE

12246

The Department of Job and Family Services shall use up to $11	12247
million in fiscal year 2007 to reimburse the Governor's Office of	12248
Faith-Based and Community Initiatives (GOFBCI) pursuant to section	12249
5101.801 of the Revised Code for projects that are part of the	12250
Ohio Strengthening Families Initiative.	12251

TANF EDUCATIONAL AWARDS PROGRAM

12252

The Department of Job and Family Services shall use up to $30	12253
million in fiscal year 2007 to reimburse the Ohio Board of Regents	12254
pursuant to section 5101.801 of the Revised Code for initiatives	12255
addressing postsecondary tuition and educational expenses not	12256
covered by other grant programs that target low-income students.	12257

ADOPTION PROMOTION

12258

Up to $5 million shall be used in fiscal year 2007 for TANF	12259
eligible activities pursuant to section 5101.801 of the Revised	12260
Code to provide additional support for initiatives aimed at	12261
increasing the number of adoptions including recruiting,	12262
promoting, and supporting adoptive families.	12263

CHILD CARE SUBSIDY

12264

Up to $15 million shall be used in fiscal year 2007 for the	12265
Title IV-A non-assistance child-care subsidy program pursuant to	12266
section 5101.801 of the Revised Code to help additional needy	12267
working families with the cost of child care.	12268

EARLY LEARNING QUALITY AND AVAILABILITY

12269

Up to $5 million shall be used in fiscal year 2007 for TANF	12270
eligible activities pursuant to section 5101.801 of the Revised	12271
Code to provide additional support to improve the quality and	12272
availability of early learning opportunities, including but not	12273
limit to Step Up to Quality, for low-income working families with	12274
pre-school children.	12275

INDEPENDENT LIVING INITIATIVES

12276

Up to $2.5 million shall be used in fiscal year 2007 for TANF	12277
eligible activities pursuant to section 5101.801 of the Revised	12278
Code to support independent living initiatives, including but not	12279
limited to life-skills training and work supports for older	12280
children in foster care and those who have recently aged-out of	12281
foster care.	12282

HOME ENERGY ASSISTANCE PROGRAM

12283

The Department of Job and Family Services shall use up to $45	12284
million in fiscal year 2007 to reimburse the Ohio Department of	12285
Development pursuant to section 5101.801 of the Revised Code for	12286
allowable expenditures of the Title IV-A Home Energy Assistance	12287
Program during the 2006-2007 HEAP winter heating season.	12288

FOOD BOXES

12289

Up to $1.5 million shall be used in fiscal year 2007 to	12290
reimburse the Ohio network of food banks pursuant to section	12291
5101.801 of the Revised Code for purchase of food boxes for	12292
distribution to TANF eligible families on a one-time basis.	12293

TWO-PARENT OHIO WORKS FIRST CASELOAD

12294

Up to $7 million shall be used in fiscal year 2007 for TANF	12295
eligible activities pursuant to section 5101.801 of the Revised	12296
Code to enhance county operated work and support programs	12297
targeting the two-parent Ohio Works First caseload.	12298

The Department of Job and Family Services shall make TANF	12299
funding available to assist with the programs identified in this	12300
section and provide Title IV-A funds as necessary to implement	12301
these programs. In administering these programs, the state,	12302
county, and private agencies receiving funds from the Department	12303
of Job and Family Services shall comply with the requirements of	12304
the respective interagency agreements, grant agreements, sections	12305
5101.80 and 5101.801 of the Revised Code, Title IV-A of the Social	12306
Security Act, rules adopted by the Department of Job and Family	12307
Services, and other directives from the Department of Job and	12308
Family Services as appropriate.	12309

Section 513.10. FEDERAL JUSTICE PROGRAMS FUNDS

12310

On the effective date of this section, or as soon as possible	12311
thereafter, the Director of Public Safety shall certify the	12312
following to the Director of Budget and Management:	12313

(A) The federal justice program funds to be created in the	12314
accounting system pursuant to the amendment by this act of section	12315
5502.62 of the Revised Code and appropriation items to be created	12316
within those funds.	12317

(B) The amount of cash to be transferred from the Federal	12318
Justice Programs Fund (Fund 3AY) in the Department of Public	12319
Safety to the funds created pursuant to division (A) of this	12320
section.	12321

(C) The amount of appropriation authority to be transferred	12322
from existing appropriation items to the Federal Justice Programs	12323
Fund in the Department of Public Safety to the appropriation items	12324
created pursuant to division (A) of this section.	12325

The Director of Public Safety shall certify only those	12326
amounts required for transfer in order for the department to	12327
comply with the investment earnings retention and distribution	12328
requirements of federal grant awards.	12329

The Director of Budget and Management may create funds in the	12330
accounting system pursuant to section 5502.62 of the Revised Code	12331
upon receiving certification under this section from the Director	12332
of Public Safety. The Director of Budget and Management may	12333
transfer cash and appropriation authority pursuant to the	12334
certification. Any amounts transferred pursuant to the	12335
certification are hereby appropriated.	12336

Section 515.10. Within ninety days after the effective date	12337
of the amendment by this act of section 5709.87 of the Revised	12338
Code, the current owner of record of real property that is subject	12339
to an ongoing exemption previously granted under division	12340
(C)(1)(a) of that section may notify the Tax Commissioner in	12341
writing that the owner elects to discontinue the exemption for the	12342
remainder of its term. Upon receiving such a notification, the	12343
commissioner shall issue an order restoring the property to the	12344
tax list beginning with the year in which the notification was	12345
received.	12346

Section 606.03. The items of law of which the sections of law	12347
contained in this act are composed, and their applications, are	12348
independent and severable. If any item of law that constitutes the	12349
whole or part of a section of law contained in this act, or if any	12350
application of any item of law that constitutes the whole or part	12351
of a section of law contained in this act, is held invalid, the	12352
invalidity does not affect other items of law or applications of	12353
items of law that can be given effect without the invalid item of	12354
law or application.	12355

Section 609.03. An item of law that composes the whole or	12356
part of a section of law contained in this act that makes, or that	12357
provides for funding of, an appropriation or reappropriation of	12358
money has no effect after June 30, 2008, unless its context	12359
clearly indicates otherwise.	12360

Section 612.03. Except as otherwise specifically provided in	12361
this act, the amendment or enactment of the sections of law	12362
contained in this act, and the items of law of which the	12363
amendments or enactments are composed, are subject to the	12364
referendum. Therefore, under Ohio Constitution, Article II,	12365
Section 1c and section 1.471 of the Revised Code, the amendments	12366
or enactments, and the items of law of which the amendments or	12367
enactments are composed, take effect on the ninety-first day after	12368
this act is filed with the Secretary of State. If, however, a	12369
referendum petition is filed against any such amendment or	12370
enactment, or against any item of law of which any such amendment	12371
or enactment is composed, the amendment or enactment, or item,	12372
unless rejected at the referendum, takes effect at the earliest	12373
time permitted by law.	12374

Section 615.03. The amendment or enactment by this act of the	12375
sections of law listed in this section, and the items of law of	12376
which the amendments or enactments are composed, are not subject	12377
to the referendum. Therefore, under Ohio Constitution, Article II,	12378
Section 1d and section 1.471 of the Revised Code, the amendments	12379
or enactments, and the items of law of which the amendments or	12380
enactments are composed, go into immediate effect when this act	12381
becomes law.	12382

Sections 3318.101, 3706.01, 5111.88, 5727.84, and 5919.31 of	12383
the Revised Code.	12384

The version of section 5502.62 of the Revised Code resulting	12385
from Section 101.01 of this act.	12386

Sections 203.12.06, 203.24, 203.27, 203.57, 203.81, 206.33,	12387
206.66.06, 209.54, 209.63, 209.63.30, 209.93, and 212.30 of Am.	12388
Sub. H.B. 66 of the 126th General Assembly.	12389

Sections 110.07, 110.08, 110.09, 401.10, 401.11, 405.10,	12390
405.11, 405.16, 405.17, 411.10, 411.11, 501.10, 503.10, 507.10,	12391
507.20, 509.10, 511.10, and 513.10 of this act.	12392

Sections 615.03, 615.09, and 623.03 of this act.

12393

Section 615.09. The amendment or enactment by this act of the	12394
sections of law listed in this section are not subject to the	12395
referendum. Therefore, under Ohio Constitution, Article II,	12396
Section 1d and section 1.471 of the Revised Code, the amendments	12397
or enactments, and the items of law of which amendments or	12398
enactments are composed, go into effect as specified in this	12399
section.	12400

Section 4919.76 of the Revised Code takes effect January 1,	12401
2007.	12402

The version of section 5502.62 of the Revised Code resulting	12403
from Sections 110.07 and 110.08 of this act takes effect April 1,	12404
2007.	12405

Section 618.03. The amendment or enactment by this act of the	12406
sections of law listed in this section provides for or is	12407
essential to implementation of a tax levy. Therefore, under Ohio	12408
Constitution, Article II, Section 1d, the amendments and	12409
enactments, and the items of which the amendments and enactments	12410
are composed, are not subject to the referendum and go into	12411
immediate effect when this act becomes law.	12412

Section 5701.11 of the Revised Code.

12413

Section 618.03 of this act.

12414

Section 621.03. The amendment of section 101.83 of the	12415
Revised Code is not intended to supersede the earlier repeal, with	12416
delayed effective date, of that section.	12417

Section 623.03. The General Assembly, applying the principle	12418
stated in division (B) of section 1.52 of the Revised Code that	12419
amendments are to be harmonized if reasonably capable of	12420
simultaneous operation, finds that the following sections,	12421
presented in this act as composites of the sections as amended by	12422
the acts indicated, are the resulting versions of the sections in	12423
effect prior to the effective date of the sections as presented in	12424
this act:	12425

Section 131.02 of the Revised Code as amended by both Sub.	12426
H.B. 390 and Am. Sub. H.B. 530 of the 126th General Assembly.	12427

Section 181.52 (5502.62) of the Revised Code as amended by	12428
both Sub. H.B. 4 and Am. Sub. H.B. 66 of the 126th General	12429
Assembly.	12430

Section 209.63 of Am. Sub. H.B. 66 of the 126th General	12431
Assembly, as amended by both Sub. H.B. 478 and Am. Sub. H.B. 530	12432
of the 126th General Assembly.	12433

The finding in this section takes effect at the same time as	12434
the section referenced in the finding takes effect.	12435