As Passed by the House

126th General Assembly Regular Session 2005-2006

Am. Sub. H. B. No. 699

Representatives Calvert, Peterson, Flowers, McGregor, J., Hartnett, Chandler, Stewart, D., Skindell, Patton, S., Ujvagi, Carmichael, Collier, Combs, Core, Evans, C., Evans, D., Faber, Fende, Hagan, Koziura, Law, Mitchell, Reinhard, Schaffer, Seaver, Seitz, Setzer, White, J., Woodard 

---

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

122.17, 122.171, 126.11, 131.02, 133.021, 133.07,

3

133.08, 133.20, 151.01, 151.09, 151.10, 151.40,

4

152.09, 152.18, 152.19, 152.21, 152.24, 152.26,

5

154.02, 154.20, 164.04, 169.13, 176.05, 307.695,

6

333.02, 333.04, 340.03, 340.09, 340.12, 715.70,

7

715.81, 1520.02, 1702.01, 1702.08, 1702.11,

8

1702.17, 1702.19, 1702.20, 1702.22, 1702.27,

9

1702.38, 1702.39, 1702.42, 1702.58, 2301.02,

10

2305.26, 2329.07, 2701.06, 3317.013, 3317.022,

11

3317.029, 3317.0217, 3317.03, 3383.01, 3383.07,

12

3706.01, 3770.05, 3770.073, 3905.36, 3931.07,

13

4115.04, 4121.121, 4503.068, 4710.02, 4728.03,

14

4722.14, 4763.03, 4763.05, 4763.06, 4919.76,

15

5107.12, 5111.88, 5115.06, 5119.071, 5119.611,

16

5120.03, 5123.08, 5139.02, 5502.62, 5537.01,

17

5537.02, 5537.03, 5537.10, 5537.17, 5537.24,

18

5537.26, 5537.27, 5537.28, 5701.11, 5709.87,

19

5725.31, 5727.84, 5729.07, 5733.42, 5739.01,

20

5739.09, 5741.101, 5747.39, 5748.01, 5751.01,

21

5751.011, 5751.033, 5910.03, and 5919.31; to enact

22

sections 153.74, 184.191, 3333.34, 5709.083,

23

5713.051, 5748.021, and 5748.081 of the Revised

24

Code; to amend Section 206.09.84 of Am. Sub. H.B.

25

66 of the 126th General Assembly, as subsequently

26

amended, and to amend Section 206.09.84 of Am.

27

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

28

the purpose of codifying it as section 3310.41 of

29

the Revised Code; to amend Section 22.07 of Am.

30

Sub. H.B. 16 of the 126th General Assembly; to

31

amend Sections 203.12.06, 203.24, 203.57, 203.81,

32

206.33, 206.66.06, 209.54, 209.63.03, 209.63.30,

33

and 209.93 of Am. Sub. H.B. 66 of the 126th

34

General Assembly; to amend Sections 203.27,

35

203.99, 209.63, and 212.30 of Am. Sub. H.B. 66 of

36

the 126th General Assembly, as subsequently

37

amended; to amend Sections 243.10 and 287.20 of

38

Am. Sub. H.B. 530 of the 126th General Assembly;

39

to amend the version of section 5502.62 of the

40

Revised Code that is scheduled to take effect

41

April 1, 2007; and to repeal Section 4 of Sub.

42

H.B. 139 of the 126th General Assembly to make

43

capital and other appropriations and to provide

44

authorization and conditions for the operation of

45

state programs.

46

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,	47
101.34, 101.72, 101.83, 101.92, 107.40, 121.62, 122.17, 122.171,	48
126.11, 131.02, 133.021, 133.07, 133.08. 133.20, 151.01, 151.09,	49
151.10, 151.40, 152.09, 152.18, 152.19, 152.21, 152.24, 152.26,	50
154.02, 154.20, 164.04, 169.13, 176.05, 307.695, 333.02, 333.04,	51
340.03, 340.09, 340.12, 715.70, 715.81, 1520.02, 1702.01, 1702.08,	52
1702.11, 1702.17, 1702.19, 1702.20, 1702.22, 1702.27, 1702.38,	53
1702.39, 1702.42, 1702.58, 2301.02, 2305.26, 2329.07, 2701.06,	54
3317.013, 3317.022, 3317.029, 3317.0217, 3317.03, 3383.01,	55
3383.07, 3706.01, 3770.05, 3770.073, 3905.36, 3931.07, 4115.04,	56
4121.121, 4503.068, 4710.02, 4728.03, 4733.14, 4763.03, 4763.05,	57
4763.06, 4919.76, 5107.12, 5111.88, 5115.06, 5119.071, 5119.611,	58
5120.03, 5123.08, 5139.02, 5502.62, 5537.01, 5537.02, 5537.03,	59
5537.10, 5537.17, 5537.24, 5537.26, 5537.27, 5537.28, 5701.11,	60
5709.87, 5725.31, 5727.84, 5729.07, 5733.42, 5739.01, 5739.09,	61
5741.101, 5747.39, 5748.01, 5751.01, 5751.011, 5751.033, 5910.03,	62
and 5919.31 be amended; that Section 206.09.84 of Am. Sub. H.B. 66	63
of the 126th General Assembly, as amended by Am. Sub. H.B. 530 of	64
the 126th General Assembly, be amended and that Section 206.09.84	65
of Am. Sub. H.B. 66 of the 126th General Assembly, as amended by	66
Am. Sub. H.B. 530 of the 126th General Assembly, be amended for	67
the purpose of codifying it as section 3310.41 of the Revised Code	68
and sections 153.74, 184.191, 3333.34, 5709.083, 5713.051,	69
5748.021, and 5748.081 of the Revised Code be enacted to read as	70
follows:	71

Sec. 3.21. ASubject to any section of the Revised Code that	72
prescribes the form of an oath, a person may be sworn in any form	73
hethe person deems binding on histhe person's conscience.	74

Sec. 3.23.  The oath of office of each judge of a court of	75
record shall be to support the constitution of the United States	76
and the constitution of this state, to administer justice without	77
respect to persons, and faithfully and impartially to discharge	78
and perform all the duties incumbent on himthe person as such	79
judge, according to the best of histhe person's ability and	80
understanding. The oath of office of every other officer, deputy,	81
or clerk shall be to support the constitution of the United States	82
and the constitution of this state, and faithfully to discharge	83
the duties of histhe office.	84

Except for justices of the supreme court as provided in	85
section 2701.05 of the Revised Code, each judge of a court of	86
record shall take the oath of office on or before the first day of	87
the judge's official term. The judge shall transmit a certificate	88
of oath, signed by the person administering the oath, to the clerk	89
of the respective court and shall transmit a copy of the	90
certificate of oath to the supreme court. The certificate of oath	91
shall state the term of office for that judge, including the	92
beginning and ending dates of that term. If the certificate of	93
oath is not transmitted to the clerk of the court within twenty	94
days from the first day of the judge's official term, the judge is	95
deemed to have refused to accept the office, and that office shall	96
be considered vacant. The clerk of the court forthwith shall	97
certify that fact to the governor and the governor shall fill the	98
vacancy.	99

The oath of office of a judge under this section shall be	100
taken in a form that is substantially similar to the following:	101

"I, (name), do solemnly swear that I will support the	102
Constitution of the United States and the Constitution of Ohio,	103
will administer justice without respect to persons, and will	104
faithfully and impartially discharge and perform all of the duties	105
incumbent upon me as (name of office) according to the best of my	106
ability and understanding. [This I do as I shall answer unto	107
God.]"	108

Sec. 5.10.  All official seals shall have engraved thereon	109
the coat of arms of the state, as described in section 5.04 of the	110
Revised Code.	111

The great seal of the state shall be two and one-half inches	112
in diameter and shall consist of the coat of arms of the state	113
within a circle having a diameter of one and three-fourths inches,	114
surrounded by the words "THE GREAT SEAL OF THE STATE OF OHIO" in	115
news gothic capitals. The great seal of the state shall correspond	116
substantially with the following design:	117

The design of the great seal shall not be reproduced, except	119
as required by any provision of the Ohio Constitution and the	120
Revised Code, unless permission to do so is first obtained from	121
the governor. The governor may authorize reproduction of the	122
design of the great seal when the purpose is to:	123

(A) Permit publication of a reproduction of the great seal of	124
the state of Ohio;	125

(B) Aid educational or historical programs;

126

(C) Promote the economic or cultural development of the state	127
in a manner deemed appropriate by the governor.	128

A permanent record shall be kept in the governor's office of	129
each permit to reproduce the design of the great seal.	130

No person shall use or permit to be used any reproduction or	131
facsimile of the great seal or a counterfeit or nonofficial	132
version of the great seal for any purpose not authorized by the	133
governor.	134

The seal of the supreme court shall consist of the coat of	135
arms of the state within a circle one and three-fourthsone-half	136
inches in diameter and shall be surrounded by the words "THE	137
SUPREME COURT OF THE STATE OF OHIO."	138

The seal of each court of appeals, court of common pleas, and	139
probate court shall consist of the coat of arms of the state	140
within a circle one and one-fourth inches in diameter, and each	141
seal shall be surrounded by the words "COURT OF APPEALS,	142
................ County, Ohio"; "COMMON PLEAS COURT,	143
................ County, Ohio"; or "PROBATE COURT,	144
................ County, Ohio."	145

(Insert the name of the proper county.)

146

The seals of all other courts of record shall be of the same	147
size as the seal of the court of common pleas, and each shall be	148
surrounded by the proper name of the court.	149

The seal of the secretary of state shall consist of the coat	150
of arms of the state within a circle one and one-fourth inches in	151
diameter and shall be surrounded by the words "THE SEAL OF THE	152
SECRETARY OF STATE OF OHIO."	153

The seal of the auditor of state shall consist of the coat of	154
arms of the state within a circle of one and one-fourth inches in	155
diameter, and shall be surrounded by the words "THE SEAL OF THE	156
AUDITOR OF STATE OF OHIO."	157

The seal of the treasurer of state shall consist of the coat	158
of arms of the state within a circle one and one-fourth inches in	159
diameter, and shall be surrounded by the words "THE SEAL OF THE	160
TREASURER OF STATE OF OHIO."	161

The seal of the lieutenant governor shall consist of the coat	162
of arms of the state within a circle one and one-fourth inches in	163
diameter and shall be surrounded by the words "THE SEAL OF THE	164
LIEUTENANT GOVERNOR OF STATE OF OHIO."	165

The seal of the attorney general shall consist of the coat of	166
arms of the state within a circle one and one-fourth inches in	167
diameter and shall be surrounded by the words "THE SEAL OF THE	168
ATTORNEY GENERAL OF STATE OF OHIO."	169

The seal of each benevolent institution shall consist of the	170
coat of arms of the state within a circle one and one-fourth	171
inches in diameter and shall be surrounded by the proper name of	172
the institution.	173

The seals of all other state, county, and municipal agencies,	174
divisions, boards and commissions shall consist of the coat of	175
arms of the state within a circle one and one-fourth inches in	176
diameter and shall be surrounded by the proper name of the office.	177

All seals mentioned in this section shall contain the words	178
and devices mentioned in this section and no other.	179

Sec. 9.37.  (A) As used in this section, "public official"	180
means any elected or appointed officer, employee, or agent of the	181
state, any state institution of higher education, any political	182
subdivision, board, commission, bureau, or other public body	183
established by law. "State institution of higher education" means	184
any state university or college as defined in division (A)(1) of	185
section 3345.12 of the Revised Code, community college, state	186
community college, university branch, or technical college.	187

(B) Except as provided in division (F) of this section, any	188
public official may make by direct deposit of funds by electronic	189
transfer, if the payee provides a written authorization	190
designating a financial institution and an account number to which	191
the payment is to be credited, any payment such public official is	192
permitted or required by law in the performance of official duties	193
to make by issuing a check or warrant.	194

(C) Such public official may contract with a financial	195
institution for the services necessary to make direct deposits and	196
draw lump-sum checks or warrants payable to that institution in	197
the amount of the payments to be transferred.	198

(D) Before making any direct deposit as authorized under this	199
section, the public official shall ascertain that the account from	200
which the payment is to be made contains sufficient funds to cover	201
the amount of the payment.	202

(E) If the issuance of checks and warrants by a public	203
official requires authorization by a governing board, commission,	204
bureau, or other public body having jurisdiction over the public	205
official, the public official may only make direct deposits and	206
contracts under this section pursuant to a resolution of	207
authorization duly adopted by such governing board, commission,	208
bureau, or other public body.	209

(F) Pursuant to sections 307.55, 319.16, and 321.15 of the	210
Revised Code, a county auditor may issue, and a county treasurer	211
may redeem, electronic warrants authorizing direct deposit for	212
payment of county obligations in accordance with rules adopted by	213
the auditordirector of statebudget and management pursuant to	214
section 117.20Chapter 119. of the Revised Code.	215

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

216

(1) "Caucus" means all of the members of either house of the	217
general assembly who are members of the same political party or	218
members of a committee of the house of representatives who are	219
members of the same political party.	220

(2) "Committee" means any committee of either house of the	221
general assembly, a joint committee of both houses of the general	222
assembly, including a committee of conference, or a subcommittee	223
of any committee listed in division (A)(2) of this section.	224

(3) "Meeting" means any prearranged discussion of the public	225
business of a committee by a majority of its members.	226

(B) Except as otherwise provided in division (F) of this	227
section, all meetings of any committee are declared to be public	228
meetings open to the public at all times. The secretary assigned	229
to the chairperson of the committee shall prepare, file, and	230
maintain the minutes of every regular or special meeting of a	231
committee. The committee, at its next regular or special meeting,	232
shall approve the minutes prepared, filed, and maintained by the	233
secretary, or, if the minutes prepared, filed, and maintained by	234
the secretary require correction before their approval, the	235
committee shall correct and approve the minutes at the next	236
following regular or special meeting. The committee shall make the	237
minutes available for public inspection not later than seven days	238
after the meeting the minutes reflect or not later than the	239
committee's next regular or special meeting, whichever occurs	240
first.	241

(C) Each committee shall establish a reasonable method	242
whereby any person may determine the time and place of all	243
regularly scheduled meetings and the time, place, and purpose of	244
all special meetings. No committee shall hold a regular or special	245
meeting unless it gives at least twenty-four hours' advance notice	246
to the news media that have requested notification.	247

The method established by each committee shall provide that,	248
upon request and payment of a reasonable fee, any person may	249
obtain reasonable advance notification of all meetings at which	250
any specific type of public business will be discussed. Provisions	251
for advance notification may include, but are not limited to,	252
mailing the agenda of meetings to all subscribers on a mailing	253
list or mailing notices in self-addressed stamped envelopes	254
provided by the person who desires advance notification.	255

(D) Any action of a committee relating to a bill or	256
resolution, or any other formal action of a committee, is invalid	257
unless taken in an open meeting of the committee. Any action of a	258
committee relating to a bill or resolution, or any other formal	259
action of a committee, taken in an open meeting is invalid if it	260
results from deliberations in a meeting not open to the public.	261

(E)(1) Any person may bring an action to enforce this	262
section. An action under this division shall be brought within two	263
years after the date of the alleged violation or threatened	264
violation. Upon proof of a violation or threatened violation of	265
this section in an action brought by any person, the court of	266
common pleas shall issue an injunction to compel the members of	267
the committee to comply with its provisions.	268

(2)(a) If the court of common pleas issues an injunction	269
under division (E)(1) of this section, the court shall order the	270
committee that it enjoins to pay a civil forfeiture of five	271
hundred dollars to the party that sought the injunction and shall	272
award to that party all court costs and, subject to reduction as	273
described in this division, reasonable attorney's fees. The court,	274
in its discretion, may reduce an award of attorney's fees to the	275
party that sought the injunction or not award attorney's fees to	276
that party if the court determines both of the following:	277

(i) That, based on the ordinary application of statutory law	278
and case law as it existed at the time of the violation or	279
threatened violation that was the basis of the injunction, a	280
well-informed committee reasonably would believe that the	281
committee was not violating or threatening to violate this	282
section;	283

(ii) That a well-informed committee reasonably would believe	284
that the conduct or threatened conduct that was the basis of the	285
injunction would serve the public policy that underlies the	286
authority that is asserted as permitting that conduct or	287
threatened conduct.	288

(b) If the court of common pleas does not issue an injunction	289
under division (E)(1) of this section and the court determines at	290
that time that the bringing of the action was frivolous conduct as	291
defined in division (A) of section 2323.51 of the Revised Code,	292
the court shall award to the committee all court costs and	293
reasonable attorney's fees, as determined by the court.	294

(3) Irreparable harm and prejudice to the party that sought	295
the injunction shall be conclusively and irrebuttably presumed	296
upon proof of a violation or threatened violation of this section.	297

(4) A member of a committee who knowingly violates an	298
injunction issued under division (E)(1) of this section may be	299
removed from office by an action brought in the court of common	300
pleas for that purpose by the prosecuting attorney of Franklin	301
county or by the attorney general.	302

(5) The remedies described in divisions (E)(1) to (4) of this	303
section shall be the exclusive remedies for a violation of this	304
section.	305

(F) This section does not apply to or affect either of the	306
following:	307

(1) All meetings of the joint legislative ethics committee	308
created under section 101.34 of the Revised Code other than a	309
meeting that is held for any of the following purposes:	310

(a) To consider the adoption, amendment, or recission	311
rescission of any rule that the joint legislative ethics committee	312
is authorized to adopt pursuant to division (B)(11) of section	313
101.34, division (E) of section 101.78, division (B) of section	314
102.02, or division (E) of section 121.68 of the Revised Code;	315

(b) To discuss and consider changes to any administrative	316
operation of the joint legislative ethics committee other than any	317
matter described in division (G) of section 121.22 of the Revised	318
Code;	319

(c) To discuss pending or proposed legislation.

320

(2) Meetings of a caucus.

321

(G) For purposes of division (F)(1)(a) of this section, an	322
advisory opinion, written opinion, or decision relative to a	323
complaint is not a rule.	324

Sec. 101.34.  (A) There is hereby created a joint legislative	325
ethics committee to serve the general assembly. The committee	326
shall be composed of twelve members, six each from the two major	327
political parties, and each member shall serve on the committee	328
during the member's term as a member of that general assembly. Six	329
members of the committee shall be members of the house of	330
representatives appointed by the speaker of the house of	331
representatives, not more than three from the same political	332
party, and six members of the committee shall be members of the	333
senate appointed by the president of the senate, not more than	334
three from the same political party. A vacancy in the committee	335
shall be filled for the unexpired term in the same manner as an	336
original appointment. The members of the committee shall be	337
appointed within fifteen days after the first day of the first	338
regular session of each general assembly and the committee shall	339
meet and proceed to recommend an ethics code not later than thirty	340
days after the first day of the first regular session of each	341
general assembly.	342

In the first regular session of each general assembly, the	343
speaker of the house of representatives shall appoint the	344
chairperson of the committee from among the house members of the	345
committee, and the president of the senate shall appoint the	346
vice-chairperson of the committee from among the senate members of	347
the committee. In the second regular session of each general	348
assembly, the president of the senate shall appoint the	349
chairperson of the committee from among the senate members of the	350
committee, and the speaker of the house of representatives shall	351
appoint the vice-chairperson of the committee from among the house	352
members of the committee. The chairperson, vice-chairperson, and	353
members of the committee shall serve until their respective	354
successors are appointed or until they are no longer members of	355
the general assembly.	356

The committee shall meet at the call of the chairperson or	357
upon the written request of seven members of the committee.	358

(B) The joint legislative ethics committee:

359

(1) Shall recommend a code of ethics that is consistent with	360
law to govern all members and employees of each house of the	361
general assembly and all candidates for the office of member of	362
each house;	363

(2) May receive and hear any complaint that alleges a breach	364
of any privilege of either house, or misconduct of any member,	365
employee, or candidate, or any violation of the appropriate code	366
of ethics;	367

(3) May obtain information with respect to any complaint	368
filed pursuant to this section and to that end may enforce the	369
attendance and testimony of witnesses, and the production of books	370
and papers;	371

(4) May recommend whatever sanction is appropriate with	372
respect to a particular member, employee, or candidate as will	373
best maintain in the minds of the public a good opinion of the	374
conduct and character of members and employees of the general	375
assembly;	376

(5) May recommend legislation to the general assembly	377
relating to the conduct and ethics of members and employees of and	378
candidates for the general assembly;	379

(6) Shall employ an executive director for the committee and	380
may employ other staff as the committee determines necessary to	381
assist it in exercising its powers and duties. The executive	382
director and staff of the committee shall be known as the office	383
of legislative inspector general. At least one member of the staff	384
of the committee shall be an attorney at law licensed to practice	385
law in this state. The appointment and removal of the executive	386
director shall require the approval of at least eight members of	387
the committee.	388

(7) May employ a special counsel to assist the committee in	389
exercising its powers and duties. The appointment and removal of a	390
special counsel shall require the approval of at least eight	391
members of the committee.	392

(8) Shall act as an advisory body to the general assembly and	393
to individual members, candidates, and employees on questions	394
relating to ethics, possible conflicts of interest, and financial	395
disclosure;	396

(9) Shall provide for the proper forms on which a statement	397
required pursuant to section 102.02 or 102.021 of the Revised Code	398
shall be filed and instructions as to the filing of the statement;	399

(10) Exercise the powers and duties prescribed under sections	400
101.70 to 101.79, sections 101.90 to 101.98, Chapter 102., and	401
sections 121.60 to 121.69 of the Revised Code;	402

(11) Adopt, in accordance with section 111.15 of the Revised	403
Code, any rules that are necessary to implement and clarify	404
Chapter 102. and sections 2921.42 and 2921.43 of the Revised Code.	405

(C) There is hereby created in the state treasury the joint	406
legislative ethics committee fund. All money collected from	407
registration fees and late filing fees prescribed under sections	408
101.72, 101.92, and 121.62 of the Revised Code shall be deposited	409
into the state treasury to the credit of the fund. Money credited	410
to the fund and any interest and earnings from the fund shall be	411
used solely for the operation of the joint legislative ethics	412
committee and the office of legislative inspector general and for	413
the purchase of data storage and computerization facilities for	414
the statements filed with the committee under sections 101.73,	415
101.74, 101.93, 101.94, 121.63, and 121.64 of the Revised Code.	416

(D) The chairperson of the joint legislative ethics committee	417
shall issue a written report, not later than the thirty-first day	418
of January of each year, to the speaker and minority leader of the	419
house of representatives and to the president and minority leader	420
of the senate that lists the number of committee meetings and	421
investigations the committee conducted during the immediately	422
preceding calendar year and the number of advisory opinions it	423
issued during the immediately preceding calendar year.	424

(E) Any investigative report that contains facts and findings	425
regarding a complaint filed with the joint legislative ethics	426
committee and that is prepared by the staff of the committee or a	427
special counsel to the committee shall become a public record upon	428
its acceptance by a vote of the majority of the members of the	429
committee, except for any names of specific individuals and	430
entities contained in the report. If the committee recommends	431
disciplinary action or reports its findings to the appropriate	432
prosecuting authority for proceedings in prosecution of the	433
violations alleged in the complaint, the investigatory report	434
regarding the complaint shall become a public record in its	435
entirety.	436

(F)(1) Any file obtained by or in the possession of the	437
former house ethics committee or former senate ethics committee	438
shall become the property of the joint legislative ethics	439
committee. Any such file is confidential if either of the	440
following applies:	441

(a) It is confidential under section 102.06 of the Revised	442
Code or the legislative code of ethics.	443

(b) If the file was obtained from the former house ethics	444
committee or from the former senate ethics committee, it was	445
confidential under any statute or any provision of a code of	446
ethics that governed the file.	447

(2) As used in this division, "file" includes, but is not	448
limited to, evidence, documentation, or any other tangible thing.	449

Sec. 101.72.  (A) Each legislative agent and employer, within	450
ten days following an engagement of a legislative agent, shall	451
file with the joint legislative ethics committee an initial	452
registration statement showing all of the following:	453

(1) The name, business address, and occupation of the	454
legislative agent;	455

(2) The name and business address of the employer and the	456
real party in interest on whose behalf the legislative agent is	457
actively advocating, if it is different from the employer. For the	458
purposes of division (A) of this section, where a trade	459
association or other charitable or fraternal organization that is	460
exempt from federal income taxation under subsection 501(c) of the	461
federal Internal Revenue Code is the employer, the statement need	462
not list the names and addresses of each member of the association	463
or organization, so long as the association or organization itself	464
is listed.	465

(3) A brief description of the type of legislation to which	466
the engagement relates.	467

(B) In addition to the initial registration statement	468
required by division (A) of this section, each legislative agent	469
and employer shall file with the joint committee, not later than	470
the last day of January, May, and September of each year, an	471
updated registration statement that confirms the continuing	472
existence of each engagement described in an initial registration	473
statement and that lists the specific bills or resolutions on	474
which the agent actively advocated under that engagement during	475
the period covered by the updated statement, and with it any	476
statement of expenditures required to be filed by section 101.73	477
of the Revised Code and any details of financial transactions	478
required to be filed by section 101.74 of the Revised Code.	479

(C) If a legislative agent is engaged by more than one	480
employer, the agent shall file a separate initial and updated	481
registration statement for each engagement. If an employer engages	482
more than one legislative agent, the employer need file only one	483
updated registration statement under division (B) of this section,	484
which shall contain the information required by division (B) of	485
this section regarding all of the legislative agents engaged by	486
the employer.	487

(D)(1) A change in any information required by division	488
(A)(1), (2), or (B) of this section shall be reflected in the next	489
updated registration statement filed under division (B) of this	490
section.	491

(2) Within thirty days after the termination of an	492
engagement, the legislative agent who was employed under the	493
engagement shall send written notification of the termination to	494
the joint committee.	495

(E) Except as otherwise provided in this division, a	496
registration fee of twenty-five dollars shall be charged for	497
filing an initial registration statement. All money collected from	498
registration fees under this division and late filing fees under	499
division (G) of this section shall be deposited into the general	500
revenue fund of the state treasury to the credit of the joint	501
legislative ethics committee fund created under section 101.34 of	502
the Revised Code.	503

An officer or employee of a state agency who actively	504
advocates in a fiduciary capacity as a representative of that	505
state agency need not pay the registration fee prescribed by this	506
division or file expenditure statements under section 101.73 of	507
the Revised Code. As used in this division, "state agency" does	508
not include a state institution of higher education as defined in	509
section 3345.011 of the Revised Code.	510

(F) Upon registration pursuant to division (A) of this	511
section, the legislative agent shall be issued a card by the joint	512
committee showing that the legislative agent is registered. The	513
registration card and the legislative agent's registration shall	514
be valid from the date of their issuance until the next	515
thirty-first day of December of an even-numbered year.	516

(G) The executive director of the joint committee shall be	517
responsible for reviewing each registration statement filed with	518
the joint committee under this section and for determining whether	519
the statement contains all of the information required by this	520
section. If the joint committee determines that the registration	521
statement does not contain all of the required information or that	522
a legislative agent or employer has failed to file a registration	523
statement, the joint committee shall send written notification by	524
certified mail to the person who filed the registration statement	525
regarding the deficiency in the statement or to the person who	526
failed to file the registration statement regarding the failure.	527
Any person so notified by the joint committee shall, not later	528
than fifteen days after receiving the notice, file a registration	529
statement or an amended registration statement that does contain	530
all of the information required by this section. If any person who	531
receives a notice under this division fails to file a registration	532
statement or such an amended registration statement within this	533
fifteen-day period, the joint committee shall assess a late filing	534
fee equal to twelve dollars and fifty cents per day, up to a	535
maximum of one hundred dollars, upon that person. The joint	536
committee may waive the late filing fee for good cause shown.	537

(H) On or before the fifteenth day of March of each year, the	538
joint committee shall, in the manner and form that it determines,	539
publish a report containing statistical information on the	540
registration statements filed with it under this section during	541
the preceding year.	542

Sec. 101.83.  (A) An agency in existence on January 1, 2005,	543
shall expire on December 31, 2010, unless the agency is renewed in	544
accordance with division (D) of this section and, if so renewed,	545
shall expire thereafter on the thirty-first day of December of the	546
fourth year after the year in which it was most recently renewed	547
unless the agency is renewed in accordance with division (D) of	548
this section. An agency created after January 1, 2005, that is	549
created on the thirty-first day of December shall expire not later	550
than four years after its creation, unless the agency is renewed	551
in accordance with division (D) of this section. An agency created	552
after January 1, 2005, that is created on any other date shall be	553
considered for the purpose of this section to have been created on	554
the preceding thirty-first day of December, and the agency shall	555
expire not later than four years after the date it was considered	556
to have been created, unless the agency is renewed in accordance	557
with division (D) of this section. Any act creating or renewing an	558
agency shall contain a distinct section providing a specific	559
expiration date for the agency in accordance with this division.	560

(B) If the general assembly does not renew or transfer an	561
agency on or before its expiration date, it shall expire on that	562
date.	563

The auditordirector of statebudget and management shall not	564
authorize the expenditure of any moneys for any agency on or after	565
the date of its expiration.	566

(C) The general assembly may provide by law for the orderly,	567
efficient, and expeditious conclusion of an agency's business and	568
operation. The rules, orders, licenses, contracts, and other	569
actions made, taken, granted, or performed by the agency shall	570
continue in effect according to their terms notwithstanding the	571
agency's abolition, unless the general assembly provides otherwise	572
by law. The general assembly may provide by law for the temporary	573
or permanent transfer of some or all of a terminated or	574
transferred agency's functions and personnel to a successor agency	575
or officer.	576

The abolition, termination, or transfer of an agency shall	577
not cause the termination or dismissal of any claim pending	578
against the agency by any person, or any claim pending against any	579
person by the agency. Unless the general assembly provides	580
otherwise by law for the substitution of parties, the attorney	581
general shall succeed the agency with reference to any pending	582
claim.	583

(D) An agency may be renewed by passage of a bill that	584
continues the statutes creating and empowering the agency, that	585
amends or repeals those statutes, or that enacts new statutes, to	586
improve agency usefulness, performance, or effectiveness.	587

Sec. 101.92.  (A) Each retirement system lobbyist and each	588
employer shall file with the joint legislative ethics committee,	589
within ten days following the engagement of a retirement system	590
lobbyist, an initial registration statement showing all of the	591
following:	592

(1) The name, business address, and occupation of the	593
retirement system lobbyist;	594

(2) The name and business address of the employer or of the	595
real party in interest on whose behalf the retirement system	596
lobbyist is acting, if it is different from the employer. For the	597
purposes of division (A) of this section, where a trade	598
association or other charitable or fraternal organization that is	599
exempt from federal income taxation under subsection 501(c) of the	600
federal Internal Revenue Code is the employer, the statement need	601
not list the names and addresses of every member of the	602
association or organization, so long as the association or	603
organization itself is listed.	604

(3) A brief description of the retirement system decision to	605
which the engagement relates;	606

(4) The name of the retirement system or systems to which the	607
engagement relates.	608

(B) In addition to the initial registration statement	609
required by division (A) of this section, each retirement system	610
lobbyist and employer shall file with the joint committee, not	611
later than the last day of January, May, and September of each	612
year, an updated registration statement that confirms the	613
continuing existence of each engagement described in an initial	614
registration statement and that lists the specific retirement	615
system decisions that the lobbyist sought to influence under the	616
engagement during the period covered by the updated statement, and	617
with it any statement of expenditures required to be filed by	618
section 101.93 of the Revised Code and any details of financial	619
transactions required to be filed by section 101.94 of the Revised	620
Code.	621

(C) If a retirement system lobbyist is engaged by more than	622
one employer, the lobbyist shall file a separate initial and	623
updated registration statement for each engagement. If an employer	624
engages more than one retirement system lobbyist, the employer	625
need file only one updated registration statement under division	626
(B) of this section, which shall contain the information required	627
by division (B) of this section regarding all of the retirement	628
system lobbyists engaged by the employer.	629

(D)(1) A change in any information required by division	630
(A)(1), (2), or (B) of this section shall be reflected in the next	631
updated registration statement filed under division (B) of this	632
section.	633

(2) Within thirty days following the termination of an	634
engagement, the executive agencyretirement system lobbyist who	635
was employed under the engagement shall send written notification	636
of the termination to the joint committee.	637

(E) A registration fee of twenty-five dollars shall be	638
charged for filing an initial registration statement. All money	639
collected from this feeregistration fees under this division and	640
late filing fees under division (G) of this section shall be	641
deposited into the general revenue fund of the state treasury to	642
the credit of the joint legislative ethics committee fund created	643
under section 101.34 of the Revised Code.	644

(F) Upon registration pursuant to this section, a retirement	645
system lobbyist shall be issued a card by the joint committee	646
showing that the lobbyist is registered. The registration card and	647
the retirement system lobbyist's registration shall be valid from	648
the date of their issuance until the thirty-first day of January	649
of the year following the year in which the initial registration	650
was filed.	651

(G) The executive director of the joint committee shall be	652
responsible for reviewing each registration statement filed with	653
the joint committee under this section and for determining whether	654
the statement contains all of the required information. If the	655
joint committee determines that the registration statement does	656
not contain all of the required information or that a retirement	657
system lobbyist or employer has failed to file a registration	658
statement, the joint committee shall send written notification by	659
certified mail to the person who filed the registration statement	660
regarding the deficiency in the statement or to the person who	661
failed to file the registration statement regarding the failure.	662
Any person so notified by the joint committee shall, not later	663
than fifteen days after receiving the notice, file a registration	664
statement or an amended registration statement that contains all	665
of the required information. If any person who receives a notice	666
under this division fails to file a registration statement or such	667
an amended registration statement within this fifteen-day period,	668
the joint committee shall assess a late filing fee equal to twelve	669
dollars and fifty cents per day, up to a maximum fee of one	670
hundred dollars, upon that person. The joint committee may waive	671
the late filing fee for good cause shown.	672

(H) On or before the fifteenth day of March of each year, the	673
joint committee shall, in the manner and form that it determines,	674
publish a report containing statistical information on the	675
registration statements filed with it under this section during	676
the preceding year.	677

(I) If an employer who engages a retirement system lobbyist	678
is the recipient of a contract, grant, lease, or other financial	679
arrangement pursuant to which funds of the state or of a	680
retirement system are distributed or allocated, the executive	681
agency or any aggrieved party may consider the failure of the	682
employer or the retirement system lobbyist to comply with this	683
section as a breach of a material condition of the contract,	684
grant, lease, or other financial arrangement.	685

(J) Retirement system officials may require certification	686
from any person seeking the award of a contract, grant, lease, or	687
financial arrangement that the person and the person's employer	688
are in compliance with this section.	689

Sec. 107.40.  (A) There is hereby created the governor's	690
residence advisory commission. The commission shall provide for	691
the preservation, restoration, acquisition, and conservation of	692
all decorations, objects of art, chandeliers, china, silver,	693
statues, paintings, furnishings, accouterments, and other	694
aesthetic materials that have been acquired, donated, loaned, or	695
otherwise obtained by the state for the governor's residence and	696
that have been approved by the commission. In addition, the	697
commission shall provide for the maintenance of plants that have	698
been acquired, donated, loaned, or otherwise obtained by the state	699
for the governor's residence and that have been approved by the	700
commission.	701

(B) The commission shall be responsible for the care,	702
provision, repair, and placement of furnishings and other objects	703
and accessories of the grounds and public areas of the first story	704
of the governor's residence and for the care and placement of	705
plants on the grounds. In exercising this responsibility, the	706
commission shall preserve and seek to further establish bothall	707
of the following:	708

(1) The authentic ambiance and decor of the historic era	709
during which the governor's residence was constructed;	710

(2) The grounds as a representation of Ohio's natural	711
ecosystems;	712

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

713

(a) To preserve, sustain, and encourage the use of native	714
flora throughout the state;	715

(b) To replicate the state's physiographic regions, plant	716
communities, and natural landscapes;	717

(c) To serve as an educational garden that demonstrates the	718
artistic, industrial, political, horticultural, and geologic	719
history of the state through the use of plants;	720

(d) To serve as a reservoir of rare species of plants from	721
the physiographic regions of the state.	722

These duties shall not affect the obligation of the	723
department of administrative services to provide for the general	724
maintenance and operating expenses of the governor's residence.	725

(C) The commission shall consist of eleven members. One	726
member shall be the director of administrative services or the	727
director's designee, who shall serve during the director's term of	728
office and shall serve as chairperson. One member shall be the	729
director of the Ohio historical society or the director's	730
designee, who shall serve during the director's term of office and	731
shall serve as vice-chairperson. One member shall represent the	732
Columbus landmarks foundation. One member shall represent the	733
Bexley historical society. One member shall be the mayor of the	734
city of Bexley, who shall serve during the mayor's term of office.	735
One member shall be the chief executive officer of the Franklin	736
park conservatory joint recreation district, who shall serve	737
during the term of employment as chief executive officer. The	738
remaining five members shall be appointed by the governor with the	739
advice and consent of the senate. The five members appointed by	740
the governor shall be persons with knowledge of Ohio history,	741
architecture, decorative arts, or historic preservation, and one	742
of those members shall have knowledge of landscape architecture,	743
garden design, horticulture, and plants native to this state.	744

(D) Of the initial appointees, the representative of the	745
Columbus landmarks foundation shall serve for a term expiring	746
December 31, 1996, and the representative of the Bexley historical	747
society shall serve for a term expiring December 31, 1997. Of the	748
five members appointed by the governor, three shall serve for	749
terms ending December 31, 1998, and two shall serve for terms	750
ending December 31, 1999. Thereafter, each term shall be for four	751
years, commencing on the first day of January and ending on the	752
last day of December. The member having knowledge of landscape	753
architecture, garden design, horticulture, and plants native to	754
this state initially shall be appointed upon the first vacancy on	755
the commission occurring on or after the effective date of this	756
amendmentJune 30, 2006.	757

Each member shall hold office from the date of the member's	758
appointment until the end of the term for which the member was	759
appointed. Any member appointed to fill a vacancy occurring prior	760
to the end of the term for which the member's predecessor was	761
appointed shall hold office for the remainder of the term. Any	762
member shall continue in office subsequent to the expiration of	763
the term until the member's successor takes office.	764

(E) Six members of the commission constitute a quorum, and	765
the affirmative vote of six members is required for approval of	766
any action by the commission.	767

(F) After each initial member of the commission has been	768
appointed, the commission shall meet and select one member as	769
secretary and another as treasurer. Organizational meetings of the	770
commission shall be held at the time and place designated by call	771
of the chairperson. Meetings of the commission may be held	772
anywhere in the state and shall be in compliance with Chapters	773
121. and 149. of the Revised Code. The commission may adopt,	774
pursuant to section 111.15 of the Revised Code, rules necessary to	775
carry out the purposes of this section.	776

(G) Members of the commission shall serve without	777
remuneration, but shall be compensated for actual and necessary	778
expenses incurred in the performance of their official duties.	779

(H) All expenses incurred in carrying out this section are	780
payable solely from money accrued under this section or	781
appropriated for these purposes by the general assembly, and the	782
commission shall incur no liability or obligation beyond such	783
money.	784

(I) The commission may accept any donation, gift, bequest, or	785
devise for the governor's residence or as an endowment for the	786
maintenance and care of the garden on the grounds of the	787
governor's residence in furtherance of its duties. Any revenue	788
received by the commission shall be deposited into the governor's	789
residence fund, which is hereby established in the state treasury,	790
for use by the commission in accordance with the performance of	791
its duties. All investment earnings of the fund shall be credited	792
to the fund. Title to all property acquired by the commission	793
shall be taken in the name of the state and shall be held for the	794
use and benefit of the commission.	795

(J) Nothing in this section limits the ability of a person or	796
other entity to purchase decorations, objects of art, chandeliers,	797
china, silver, statues, paintings, furnishings, accouterments,	798
plants, or other aesthetic materials for placement in the	799
governor's residence or on the grounds of the governor's residence	800
or donation to the commission. No such object or plant, however,	801
shall be placed on the grounds or public areas of the first story	802
of the governor's residence without the consent of the commission.	803

(K) The heritage garden established under this section shall	804
be officially known as "the heritage garden at the Ohio governor's	805
residence."	806

(L) As used in this section, "heritage garden" means the	807
botanical garden of native plants established at the governor's	808
residence.	809

Sec. 121.62.  (A) Each executive agency lobbyist and each	810
employer shall file with the joint legislative ethics committee,	811
within ten days following the engagement of an executive agency	812
lobbyist, an initial registration statement showing all of the	813
following:	814

(1) The name, business address, and occupation of the	815
executive agency lobbyist;	816

(2) The name and business address of the employer or of the	817
real party in interest on whose behalf the executive agency	818
lobbyist is acting, if it is different from the employer. For the	819
purposes of division (A) of this section, where a trade	820
association or other charitable or fraternal organization that is	821
exempt from federal income taxation under subsection 501(c) of the	822
federal Internal Revenue Code is the employer, the statement need	823
not list the names and addresses of every member of the	824
association or organization, so long as the association or	825
organization itself is listed.	826

(3) A brief description of the executive agency decision to	827
which the engagement relates;	828

(4) The name of the executive agency or agencies to which the	829
engagement relates.	830

(B) In addition to the initial registration statement	831
required by division (A) of this section, each executive agency	832
lobbyist and employer shall file with the joint committee, not	833
later than the last day of January, May, and September of each	834
year, an updated registration statement that confirms the	835
continuing existence of each engagement described in an initial	836
registration statement and that lists the specific executive	837
agency decisions that the lobbyist sought to influence under the	838
engagement during the period covered by the updated statement, and	839
with it any statement of expenditures required to be filed by	840
section 121.63 of the Revised Code and any details of financial	841
transactions required to be filed by section 121.64 of the Revised	842
Code.	843

(C) If an executive agency lobbyist is engaged by more than	844
one employer, the lobbyist shall file a separate initial and	845
updated registration statement for each engagement. If an employer	846
engages more than one executive agency lobbyist, the employer need	847
file only one updated registration statement under division (B) of	848
this section, which shall contain the information required by	849
division (B) of this section regarding all of the executive agency	850
lobbyists engaged by the employer.	851

(D)(1) A change in any information required by division	852
(A)(1), (2), or (B) of this section shall be reflected in the next	853
updated registration statement filed under division (B) of this	854
section.	855

(2) Within thirty days following the termination of an	856
engagement, the executive agency lobbyist who was employed under	857
the engagement shall send written notification of the termination	858
to the joint committee.	859

(E) A registration fee of twenty-five dollars shall be	860
charged for filing an initial registration statement. All money	861
collected from this feeregistration fees under this division and	862
late filing fees under division (G) of this section shall be	863
deposited into the general revenue fund of the state treasury to	864
the credit of the joint legislative ethics committee fund created	865
under section 101.34 of the Revised Code.	866

(F) Upon registration pursuant to this section, an executive	867
agency lobbyist shall be issued a card by the joint committee	868
showing that the lobbyist is registered. The registration card and	869
the executive agency lobbyist's registration shall be valid from	870
the date of their issuance until the thirty-first day of January	871
of the year following the year in which the initial registration	872
was filed.	873

(G) The executive director of the joint committee shall be	874
responsible for reviewing each registration statement filed with	875
the joint committee under this section and for determining whether	876
the statement contains all of the required information. If the	877
joint committee determines that the registration statement does	878
not contain all of the required information or that an executive	879
agency lobbyist or employer has failed to file a registration	880
statement, the joint committee shall send written notification by	881
certified mail to the person who filed the registration statement	882
regarding the deficiency in the statement or to the person who	883
failed to file the registration statement regarding the failure.	884
Any person so notified by the joint committee shall, not later	885
than fifteen days after receiving the notice, file a registration	886
statement or an amended registration statement that contains all	887
of the required information. If any person who receives a notice	888
under this division fails to file a registration statement or such	889
an amended registration statement within this fifteen-day period,	890
the joint committee shall assess a late filing fee equal to twelve	891
dollars and fifty cents per day, up to a maximum fee of one	892
hundred dollars, upon that person. The joint committee may waive	893
the late filing fee for good cause shown.	894

(H) On or before the fifteenth day of March of each year, the	895
joint committee shall, in the manner and form that it determines,	896
publish a report containing statistical information on the	897
registration statements filed with it under this section during	898
the preceding year.	899

(I) If an employer who engages an executive agency lobbyist	900
is the recipient of a contract, grant, lease, or other financial	901
arrangement pursuant to which funds of the state or of an	902
executive agency are distributed or allocated, the executive	903
agency or any aggrieved party may consider the failure of the	904
employer or the executive agency lobbyist to comply with this	905
section as a breach of a material condition of the contract,	906
grant, lease, or other financial arrangement.	907

(J) Executive agency officials may require certification from	908
any person seeking the award of a contract, grant, lease, or	909
financial arrangement that the person and the person's employer	910
are in compliance with this section.	911

Sec. 122.17.  (A) As used in this section:

912

(1) "Full-time employee" means an individual who is employed	913
for consideration for at least an average of thirty-five hours a	914
week, or who renders any other standard of service generally	915
accepted by custom or specified by contract as full-time	916
employment, or who is employed for consideration for such time or	917
renders such service but is on active duty reserve or Ohio	918
national guard service.	919

(2) "New employee" means one of the following:

920

(a) A full-time employee first employed by a taxpayer in the	921
project that is the subject of the agreement after the taxpayer	922
enters into a tax credit agreement with the tax credit authority	923
under this section;	924

(b) A full-time employee first employed by a taxpayer in the	925
project that is the subject of the tax credit after the tax credit	926
authority approves a project for a tax credit under this section	927
in a public meeting, as long as the taxpayer enters into the tax	928
credit agreement prepared by the department of development after	929
such meeting within sixty days after receiving the agreement from	930
the department. If the taxpayer fails to enter into the agreement	931
within sixty days, "new employee" has the same meaning as under	932
division (A)(2)(a) of this section. A full-time employee may be	933
considered a "new employee" of a taxpayer, despite previously	934
having been employed by a related member of the taxpayer, if all	935
of the following apply:	936

(i) The related member is a party to the tax credit agreement	937
at the time the employee is first employed with the taxpayer;	938

(ii) The related member will remain subject to the tax	939
imposed by section 5725.18, 5729.03, 5733.06, or 5747.02 or levied	940
under Chapter 5751. of the Revised Code for the remainder of the	941
term of the tax credit, and the tax credit is taken against	942
liability for that same tax through the remainder of the term of	943
the tax credit; and	944

(iii) The employee was considered a new employee of the	945
related member prior to employment with the taxpayer.	946

Under division (A)(2)(a) or (b) of this section, if the tax	947
credit authority determines it appropriate, "new employee" also	948
may include an employee re-hired or called back from lay-off to	949
work in a new facility or on a new product or service established	950
or produced by the taxpayer after entering into the agreement	951
under this section or after the tax credit authority approves the	952
tax credit in a public meeting. Except as otherwise provided in	953
this paragraph, "new employee" does not include any employee of	954
the taxpayer who was previously employed in this state by a	955
related member of the taxpayer and whose employment was shifted to	956
the taxpayer after the taxpayer entered into the tax credit	957
agreement or after the tax credit authority approved the credit in	958
a public meeting, or any employee of the taxpayer for which the	959
taxpayer has been granted a certificate under division (B) of	960
section 5709.66 of the Revised Code. However, if the taxpayer is	961
engaged in the enrichment and commercialization of uranium or	962
uranium products or is engaged in research and development	963
activities related thereto and if the tax credit authority	964
determines it appropriate, "new employee" may include an employee	965
of the taxpayer who was previously employed in this state by a	966
related member of the taxpayer and whose employment was shifted to	967
the taxpayer after the taxpayer entered into the tax credit	968
agreement or after the tax credit authority approved the credit in	969
a public meeting. "New employee" does not include an employee of	970
the taxpayer who is employed in an employment position that was	971
relocated to a project from other operations of the taxpayer in	972
this state or from operations of a related member of the taxpayer	973
in this state. In addition, "new employee" does not include a	974
child, grandchild, parent, or spouse, other than a spouse who is	975
legally separated from the individual, of any individual who is an	976
employee of the taxpayer and who has a direct or indirect	977
ownership interest of at least five per cent in the profits,	978
capital, or value of the taxpayer. Such ownership interest shall	979
be determined in accordance with section 1563 of the Internal	980
Revenue Code and regulations prescribed thereunder.	981

(3) "New income tax revenue" means the total amount withheld	982
under section 5747.06 of the Revised Code by the taxpayer during	983
the taxable year, or during the calendar year that includes the	984
tax period, from the compensation of new employees for the tax	985
levied under Chapter 5747. of the Revised Code.	986

(4) "Related member" has the same meaning as under division	987
(A)(6) of section 5733.042 of the Revised Code without regard to	988
division (B) of that section.	989

(B) The tax credit authority may make grants under this	990
section to foster job creation in this state. Such a grant shall	991
take the form of a refundable credit allowed against the tax	992
imposed by section 5725.18, 5729.03, 5733.06, or 5747.02 or levied	993
under Chapter 5751. of the Revised Code. The credit shall be	994
claimed for the taxable years or tax periods specified in the	995
taxpayer's agreement with the tax credit authority under division	996
(D) of this section. With respect to taxes imposed under section	997
5733.06 or 5747.02 or Chapter 5751. of the Revised Code, the	998
credit shall be claimed in the order required under section	999
5733.98, 5747.98, or 5751.98 of the Revised Code. The amount of	1000
the credit available for a taxable year or for a calendar year	1001
that includes a tax period equals the new income tax revenue for	1002
that year multiplied by the percentage specified in the agreement	1003
with the tax credit authority. Any credit granted under this	1004
section against the tax imposed by section 5733.06 or 5747.02 of	1005
the Revised Code, to the extent not fully utilized against such	1006
tax for taxable years ending prior to 2008, shall automatically be	1007
converted without any action taken by the tax credit authority to	1008
a credit against the tax levied under Chapter 5751. of the Revised	1009
Code for tax periods beginning on or after July 1, 2008, provided	1010
that the person to whom the credit was granted is subject to such	1011
tax. The converted credit shall apply to those calendar years in	1012
which the remaining taxable years specified in the agreement end.	1013

(C) A taxpayer or potential taxpayer who proposes a project	1014
to create new jobs in this state may apply to the tax credit	1015
authority to enter into an agreement for a tax credit under this	1016
section. The director of development shall prescribe the form of	1017
the application. After receipt of an application, the authority	1018
may enter into an agreement with the taxpayer for a credit under	1019
this section if it determines all of the following:	1020

(1) The taxpayer's project will create new jobs in this	1021
state;	1022

(2) The taxpayer's project is economically sound and will	1023
benefit the people of this state by increasing opportunities for	1024
employment and strengthening the economy of this state;	1025

(3) Receiving the tax credit is a major factor in the	1026
taxpayer's decision to go forward with the project.	1027

(D) An agreement under this section shall include all of the	1028
following:	1029

(1) A detailed description of the project that is the subject	1030
of the agreement;	1031

(2) The term of the tax credit, which shall not exceed	1032
fifteen years, and the first taxable year, or first calendar year	1033
that includes a tax period, for which the credit may be claimed;	1034

(3) A requirement that the taxpayer shall maintain operations	1035
at the project location for at least twice the number of years as	1036
the term of the tax credit;	1037

(4) The percentage, as determined by the tax credit	1038
authority, of new income tax revenue that will be allowed as the	1039
amount of the credit for each taxable year or for each calendar	1040
year that includes a tax period;	1041

(5) A specific method for determining how many new employees	1042
are employed during a taxable year or during a calendar year that	1043
includes a tax period;	1044

(6) A requirement that the taxpayer annually shall report to	1045
the director of development the number of new employees, the new	1046
income tax revenue withheld in connection with the new employees,	1047
and any other information the director needs to perform the	1048
director's duties under this section;	1049

(7) A requirement that the director of development annually	1050
shall verify the amounts reported under division (D)(6) of this	1051
section, and after doing so shall issue a certificate to the	1052
taxpayer stating that the amounts have been verified;	1053

(8)(a) A provision requiring that the taxpayer, except as	1054
otherwise provided in division (D)(8)(b) of this section, shall	1055
not relocate employment positions from elsewhere in this state to	1056
the project site that is the subject of the agreement for the	1057
lesser of five years from the date the agreement is entered into	1058
or the number of years the taxpayer is entitled to claim the tax	1059
credit.	1060

(b) The taxpayer may relocate employment positions from	1061
elsewhere in this state to the project site that is the subject of	1062
the agreement if the director of development determines both of	1063
the following:	1064

(i) That the site from which the employment positions would	1065
be relocated is inadequate to meet market and industry conditions,	1066
expansion plans, consolidation plans, or other business	1067
considerations affecting the taxpayer;	1068

(ii) That the legislative authority of the county, township,	1069
or municipal corporation from which the employment positions would	1070
be relocated has been notified of the relocation.	1071

For purposes of this section, the movement of an employment	1072
position from one political subdivision to another political	1073
subdivision shall be considered a relocation of an employment	1074
position, but the transfer of an individual employee from one	1075
political subdivision to another political subdivision shall not	1076
be considered a relocation of an employment position as long as	1077
the individual's employment position in the first political	1078
subdivision is refilled.	1079

(E) If a taxpayer fails to meet or comply with any condition	1080
or requirement set forth in a tax credit agreement, the tax credit	1081
authority may amend the agreement to reduce the percentage or term	1082
of the tax credit. The reduction of the percentage or term shall	1083
take effect (1) in the taxable year immediately following the	1084
taxable year in which the authority amends the agreement or the	1085
director of development notifies the taxpayer in writing of such	1086
failure, or (2) in the first tax period beginning in the calendar	1087
year immediately following the calendar year in which the	1088
authority amends the agreement or the director notifies the	1089
taxpayer in writing of such failure. If the taxpayer fails to	1090
annually report any of the information required by division (D)(6)	1091
of this section within the time required by the director, the	1092
reduction of the percentage or term may take effect in the current	1093
taxable year. If the taxpayer relocates employment positions in	1094
violation of the provision required under division (D)(8)(a) of	1095
this section, the taxpayer shall not claim the tax credit under	1096
section 5733.0610 of the Revised Code for any tax years following	1097
the calendar year in which the relocation occurs, or shall not	1098
claim the tax credit under section 5725.32, 5729.032, or 5747.058	1099
of the Revised Code for the taxable year in which the relocation	1100
occurs and any subsequent taxable years, and shall not claim the	1101
tax credit under division (A) of section 5751.50 of the Revised	1102
Code for any tax period in the calendar year in which the	1103
relocation occurs and any subsequent tax periods.	1104

(F) Projects that consist solely of point-of-final-purchase	1105
retail facilities are not eligible for a tax credit under this	1106
section. If a project consists of both point-of-final-purchase	1107
retail facilities and nonretail facilities, only the portion of	1108
the project consisting of the nonretail facilities is eligible for	1109
a tax credit and only the new income tax revenue from new	1110
employees of the nonretail facilities shall be considered when	1111
computing the amount of the tax credit. If a warehouse facility is	1112
part of a point-of-final-purchase retail facility and supplies	1113
only that facility, the warehouse facility is not eligible for a	1114
tax credit. Catalog distribution centers are not considered	1115
point-of-final-purchase retail facilities for the purposes of this	1116
division, and are eligible for tax credits under this section.	1117

(G) Financial statements and other information submitted to	1118
the department of development or the tax credit authority by an	1119
applicant or recipient of a tax credit under this section, and any	1120
information taken for any purpose from such statements or	1121
information, are not public records subject to section 149.43 of	1122
the Revised Code. However, the chairperson of the authority may	1123
make use of the statements and other information for purposes of	1124
issuing public reports or in connection with court proceedings	1125
concerning tax credit agreements under this section. Upon the	1126
request of the tax commissioner or, if the applicant or recipient	1127
is an insurance company, upon the request of the superintendent of	1128
insurance, the chairperson of the authority shall provide to the	1129
commissioner or superintendent any statement or information	1130
submitted by an applicant or recipient of a tax credit in	1131
connection with the credit. The commissioner or superintendent	1132
shall preserve the confidentiality of the statement or	1133
information.	1134

(H) A taxpayer claiming a credit under this section shall	1135
submit to the tax commissioner or, if the taxpayer is an insurance	1136
company, to the superintendent of insurance, a copy of the	1137
director of development's certificate of verification under	1138
division (D)(7) of this section with the taxpayer's tax report or	1139
return for the taxable year or for the calendar year that includes	1140
the tax period. Failure to submit a copy of the certificate with	1141
the report or return does not invalidate a claim for a credit if	1142
the taxpayer submits a copy of the certificate to the commissioner	1143
or superintendent within sixty days after the commissioner or	1144
superintendent requests it.	1145

(I) The director of development, after consultation with the	1146
tax commissioner and the superintendent of insurance and in	1147
accordance with Chapter 119. of the Revised Code, shall adopt	1148
rules necessary to implement this section. The rules may provide	1149
for recipients of tax credits under this section to be charged	1150
fees to cover administrative costs of the tax credit program. At	1151
the time the director gives public notice under division (A) of	1152
section 119.03 of the Revised Code of the adoption of the rules,	1153
the director shall submit copies of the proposed rules to the	1154
chairpersons of the standing committees on economic development in	1155
the senate and the house of representatives.	1156

(J) For the purposes of this section, a taxpayer may include	1157
a partnership, a corporation that has made an election under	1158
subchapter S of chapter one of subtitle A of the Internal Revenue	1159
Code, or any other business entity through which income flows as a	1160
distributive share to its owners. A credit received under this	1161
section by a partnership, S-corporation, or other such business	1162
entity shall be apportioned among the persons to whom the income	1163
or profit of the partnership, S-corporation, or other entity is	1164
distributed, in the same proportions as those in which the income	1165
or profit is distributed.	1166

(K) If the director of development determines that a taxpayer	1167
who has received a credit under this section is not complying with	1168
the requirement under division (D)(3) of this section, the	1169
director shall notify the tax credit authority of the	1170
noncompliance. After receiving such a notice, and after giving the	1171
taxpayer an opportunity to explain the noncompliance, the tax	1172
credit authority may require the taxpayer to refund to this state	1173
a portion of the credit in accordance with the following:	1174

(1) If the taxpayer maintained operations at the project	1175
location for at least one and one-half times the number of years	1176
of the term of the tax credit, an amount not exceeding twenty-five	1177
per cent of the sum of any previously allowed credits under this	1178
section;	1179

(2) If the taxpayer maintained operations at the project	1180
location for at least the number of years of the term of the tax	1181
credit, an amount not exceeding fifty per cent of the sum of any	1182
previously allowed credits under this section;	1183

(3) If the taxpayer maintained operations at the project	1184
location for less than the number of years of the term of the tax	1185
credit, an amount not exceeding one hundred per cent of the sum of	1186
any previously allowed credits under this section.	1187

In determining the portion of the tax credit to be refunded	1188
to this state, the tax credit authority shall consider the effect	1189
of market conditions on the taxpayer's project and whether the	1190
taxpayer continues to maintain other operations in this state.	1191
After making the determination, the authority shall certify the	1192
amount to be refunded to the tax commissioner or superintendent of	1193
insurance, as appropriate. If the amount is certified to the	1194
commissioner, the commissioner shall make an assessment for that	1195
amount against the taxpayer under Chapter 5733., 5747., or 5751.	1196
of the Revised Code. If the amount is certified to the	1197
superintendent, the superintendent shall make an assessment for	1198
that amount against the taxpayer under Chapter 5725. or 5729. of	1199
the Revised Code. The time limitations on assessments under those	1200
chapters do not apply to an assessment under this division, but	1201
the commissioner or superintendent, as appropriate, shall make the	1202
assessment within one year after the date the authority certifies	1203
to the commissioner or superintendent the amount to be refunded.	1204

(L) On or before the thirty-first day of March each year, the	1205
director of development shall submit a report to the governor, the	1206
president of the senate, and the speaker of the house of	1207
representatives on the tax credit program under this section. The	1208
report shall include information on the number of agreements that	1209
were entered into under this section during the preceding calendar	1210
year, a description of the project that is the subject of each	1211
such agreement, and an update on the status of projects under	1212
agreements entered into before the preceding calendar year.	1213

(M) There is hereby created the tax credit authority, which	1214
consists of the director of development and four other members	1215
appointed as follows: the governor, the president of the senate,	1216
and the speaker of the house of representatives each shall appoint	1217
one member who shall be a specialist in economic development; the	1218
governor also shall appoint a member who is a specialist in	1219
taxation. Of the initial appointees, the members appointed by the	1220
governor shall serve a term of two years; the members appointed by	1221
the president of the senate and the speaker of the house of	1222
representatives shall serve a term of four years. Thereafter,	1223
terms of office shall be for four years. Initial appointments to	1224
the authority shall be made within thirty days after January 13,	1225
1993. Each member shall serve on the authority until the end of	1226
the term for which the member was appointed. Vacancies shall be	1227
filled in the same manner provided for original appointments. Any	1228
member appointed to fill a vacancy occurring prior to the	1229
expiration of the term for which the member's predecessor was	1230
appointed shall hold office for the remainder of that term.	1231
Members may be reappointed to the authority. Members of the	1232
authority shall receive their necessary and actual expenses while	1233
engaged in the business of the authority. The director of	1234
development shall serve as chairperson of the authority, and the	1235
members annually shall elect a vice-chairperson from among	1236
themselves. Three members of the authority constitute a quorum to	1237
transact and vote on the business of the authority. The majority	1238
vote of the membership of the authority is necessary to approve	1239
any such business, including the election of the vice-chairperson.	1240

The director of development may appoint a professional	1241
employee of the department of development to serve as the	1242
director's substitute at a meeting of the authority. The director	1243
shall make the appointment in writing. In the absence of the	1244
director from a meeting of the authority, the appointed substitute	1245
shall serve as chairperson. In the absence of both the director	1246
and the director's substitute from a meeting, the vice-chairperson	1247
shall serve as chairperson.	1248

(N) For purposes of the credits granted by this section	1249
against the taxes imposed under sections 5725.18 and 5729.03 of	1250
the Revised Code, "taxable year" means the period covered by the	1251
taxpayer's annual statement to the superintendent of insurance.	1252

Sec. 122.171. (A) As used in this section:

1253

(1) "Capital investment project" means a plan of investment	1254
at a project site for the acquisition, construction, renovation,	1255
or repair of buildings, machinery, or equipment, or for	1256
capitalized costs of basic research and new product development	1257
determined in accordance with generally accepted accounting	1258
principles, but does not include any of the following:	1259

(a) Payments made for the acquisition of personal property	1260
through operating leases;	1261

(b) Project costs paid before January 1, 2002;

1262

(c) Payments made to a related member as defined in section	1263
5733.042 of the Revised Code or to an elected consolidated	1264
taxpayer or a combined taxpayer as defined in section 5751.01 of	1265
the Revised Code.	1266

(2) "Eligible business" means a business with Ohio operations	1267
satisfying all of the following:	1268

(a) Employed an average of at least one thousand employees in	1269
full-time employment positions at a project site during each of	1270
the twelve months preceding the application for a tax credit under	1271
this section; and	1272

(b) On or after January 1, 2002, has made payments for the	1273
capital investment project of either of the following:	1274

(i) At least two hundred million dollars in the aggregate at	1275
the project site during a period of three consecutive calendar	1276
years including the calendar year that includes a day of the	1277
taxpayer's taxable year or tax period with respect to which the	1278
credit is granted;	1279

(ii) If the average wage of all full-time employment	1280
positions at the project site is greater than four hundred per	1281
cent of the federal minimum wage, at least one hundred million	1282
dollars in the aggregate at the project site during a period of	1283
three consecutive calendar years including the calendar year that	1284
includes a day of the taxpayer's taxable year or tax period with	1285
respect to which the credit is granted.	1286

(c) Is engaged at the project site primarily as a	1287
manufacturer or is providing significant corporate administrative	1288
functions;	1289

(d) Has had a capital investment project reviewed and	1290
approved by the tax credit authority as provided in divisions (C),	1291
(D), and (E) of this section.	1292

(3) "Full-time employment position" means a position of	1293
employment for consideration for at least an average of	1294
thirty-five hours a week that has been filled for at least one	1295
hundred eighty days immediately preceding the filing of an	1296
application under this section and for at least one hundred eighty	1297
days during each taxable year or each calendar year that includes	1298
a tax period with respect to which the credit is granted, or is	1299
employed in such position for consideration for such time, but is	1300
on active duty reserve or Ohio national guard service.	1301

(4) "Manufacturer" has the same meaning as in section	1302
5739.011 of the Revised Code.	1303

(5) "Project site" means an integrated complex of facilities	1304
in this state, as specified by the tax credit authority under this	1305
section, within a fifteen-mile radius where a taxpayer is	1306
primarily operating as an eligible business.	1307

(6) "Applicable corporation" means a corporation satisfying	1308
all of the following:	1309

(a)(i) For the entire taxable year immediately preceding the	1310
tax year, the corporation develops software applications primarily	1311
to provide telecommunication billing and information services	1312
through outsourcing or licensing to domestic or international	1313
customers.	1314

(ii) Sales and licensing of software generated at least six	1315
hundred million dollars in revenue during the taxable year	1316
immediately preceding the tax year the corporation is first	1317
entitled to claim the credit provided under division (B) of this	1318
section.	1319

(b) For the entire taxable year immediately preceding the tax	1320
year, the corporation or one or more of its related members	1321
provides customer or employee care and technical support for	1322
clients through one or more contact centers within this state, and	1323
the corporation and its related members together have a daily	1324
average, based on a three-hundred-sixty-five-day year, of at least	1325
five hundred thousand successful customer contacts through one or	1326
more of their contact centers, wherever located.	1327

(c) The corporation is eligible for the credit under division	1328
(B) of this section for the tax year.	1329

(7) "Related member" has the same meaning as in section	1330
5733.042 of the Revised Code as that section existed on the	1331
effective date of its amendment by Am. Sub. H.B. 215 of the 122nd	1332
general assembly, September 29, 1997.	1333

(8) "Successful customer contact" means a contact with an end	1334
user via telephone, including interactive voice recognition or	1335
similar means, where the contact culminates in a conversation or	1336
connection other than a busy signal or equipment busy.	1337

(9) "Telecommunications" means all forms of	1338
telecommunications service as defined in section 5739.01 of the	1339
Revised Code, and includes services in wireless, wireline, cable,	1340
broadband, internet protocol, and satellite.	1341

(10)(a) "Applicable difference" means the difference between	1342
the tax for the tax year under Chapter 5733. of the Revised Code	1343
applying the law in effect for that tax year, and the tax for that	1344
tax year if section 5733.042 of the Revised Code applied as that	1345
section existed on the effective date of its amendment by Am. Sub.	1346
H.B. 215 of the 122nd general assembly, September 29, 1997,	1347
subject to division (A)(10)(b) of this section.	1348

(b) If the tax rate set forth in division (B) of section	1349
5733.06 of the Revised Code for the tax year is less than eight	1350
and one-half per cent, the tax calculated under division	1351
(A)(10)(a) of this section shall be computed by substituting a tax	1352
rate of eight and one-half per cent for the rate set forth in	1353
division (B) of section 5733.06 of the Revised Code for the tax	1354
year.	1355

(c) If the resulting difference is negative, the applicable	1356
tax difference for the tax year shall be zero.	1357

(B) The tax credit authority created under section 122.17 of	1358
the Revised Code may grant tax credits under this section for the	1359
purpose of fostering job retention in this state. Upon application	1360
by an eligible business and upon consideration of the	1361
recommendation of the director of budget and management, tax	1362
commissioner, and director of development under division (C) of	1363
this section, the tax credit authority may grant to an eligible	1364
business a nonrefundable credit against the tax imposed by section	1365
5733.06 or 5747.02 of the Revised Code for a period up to fifteen	1366
taxable years and against the tax levied by Chapter 5751. of the	1367
Revised Code for a period of up to fifteen calendar years. The	1368
credit shall be in an amount not exceeding seventy-five per cent	1369
of the Ohio income tax withheld from the employees of the eligible	1370
business occupying full-time employment positions at the project	1371
site during the calendar year that includes the last day of such	1372
business' taxable year or tax period with respect to which the	1373
credit is granted. The amount of the credit shall not be based on	1374
the Ohio income tax withheld from full-time employees for a	1375
calendar year prior to the calendar year in which the minimum	1376
investment requirement referred to in division (A)(2)(b) of this	1377
section is completed. The credit shall be claimed only for the	1378
taxable years or tax periods specified in the eligible business'	1379
agreement with the tax credit authority under division (E) of this	1380
section, but in no event shall the credit be claimed for a taxable	1381
year or tax period terminating before the date specified in the	1382
agreement. Any credit granted under this section against the tax	1383
imposed by section 5733.06 or 5747.02 of the Revised Code, to the	1384
extent not fully utilized against such tax for taxable years	1385
ending prior to 2008, shall automatically be converted without any	1386
action taken by the tax credit authority to a credit against the	1387
tax levied under Chapter 5751. of the Revised Code for tax periods	1388
beginning on or after July 1, 2008, provided that the person to	1389
whom the credit was granted is subject to such tax. The converted	1390
credit shall apply to those calendar years in which the remaining	1391
taxable years specified in the agreement end.	1392

The credit computed under this division is in addition to any	1393
credit allowed under division (M) of this section which the tax	1394
credit authority may also include in the agreement.	1395

Any unused portion of a tax credit may be carried forward for	1396
not more than three additional years after the year for which the	1397
credit is granted.	1398

(C) A taxpayer that proposes a capital investment project to	1399
retain jobs in this state may apply to the tax credit authority to	1400
enter into an agreement for a tax credit under this section. The	1401
director of development shall prescribe the form of the	1402
application. After receipt of an application, the authority shall	1403
forward copies of the application to the director of budget and	1404
management, the tax commissioner, and the director of development,	1405
each of whom shall review the application to determine the	1406
economic impact the proposed project would have on the state and	1407
the affected political subdivisions and shall submit a summary of	1408
their determinations and recommendations to the authority.	1409

(D) Upon review of the determinations and recommendations	1410
described in division (C) of this section, the tax credit	1411
authority may enter into an agreement with the taxpayer for a	1412
credit under this section if the authority determines all of the	1413
following:	1414

(1) The taxpayer's capital investment project will result in	1415
the retention of full-time employment positions in this state.	1416

(2) The taxpayer is economically sound and has the ability to	1417
complete the proposed capital investment project.	1418

(3) The taxpayer intends to and has the ability to maintain	1419
operations at the project site for at least twice the term of the	1420
credit.	1421

(4) Receiving the credit is a major factor in the taxpayer's	1422
decision to begin, continue with, or complete the project.	1423

(5) The political subdivisions in which the project is	1424
located have agreed to provide substantial financial support to	1425
the project.	1426

(E) An agreement under this section shall include all of the	1427
following:	1428

(1) A detailed description of the project that is the subject	1429
of the agreement, including the amount of the investment, the	1430
period over which the investment has been or is being made, and	1431
the number of full-time employment positions at the project site.	1432

(2) The method of calculating the number of full-time	1433
employment positions as specified in division (A)(3) of this	1434
section.	1435

(3) The term and percentage of the tax credit, and the first	1436
year for which the credit may be claimed.	1437

(4) A requirement that the taxpayer maintain operations at	1438
the project site for at least twice the number of years as the	1439
term of the credit.	1440

(5) A requirement that the taxpayer retain a specified number	1441
of full-time employment positions at the project site and within	1442
this state for the term of the credit, including a requirement	1443
that the taxpayer continue to employ at least one thousand	1444
employees in full-time employment positions at the project site	1445
during the entire term of any agreement, subject to division	1446
(E)(7) of this section.	1447

(6) A requirement that the taxpayer annually report to the	1448
director of development the number of full-time employment	1449
positions subject to the credit, the amount of tax withheld from	1450
employees in those positions, the amount of the payments made for	1451
the capital investment project, and any other information the	1452
director needs to perform the director's duties under this	1453
section.	1454

(7) A requirement that the director of development annually	1455
review the annual reports of the taxpayer to verify the	1456
information reported under division (E)(6) of this section and	1457
compliance with the agreement. Upon verification, the director	1458
shall issue a certificate to the taxpayer stating that the	1459
information has been verified and identifying the amount of the	1460
credit for the taxable year. Unless otherwise specified by the tax	1461
credit authority in a resolution and included as part of the	1462
agreement, the director shall not issue a certificate for any year	1463
in which the total number of filled full-time employment positions	1464
for each day of the calendar year divided by three hundred	1465
sixty-five is less than ninety per cent of the full-time	1466
employment positions specified in division (E)(5) of this section.	1467
In determining the number of full-time employment positions, no	1468
position shall be counted that is filled by an employee who is	1469
included in the calculation of a tax credit under section 122.17	1470
of the Revised Code.	1471

(8)(a) A provision requiring that the taxpayer, except as	1472
otherwise provided in division (E)(8)(b) of this section, shall	1473
not relocate employment positions from elsewhere in this state to	1474
the project site that is the subject of the agreement for the	1475
lesser of five years from the date the agreement is entered into	1476
or the number of years the taxpayer is entitled to claim the	1477
credit.	1478

(b) The taxpayer may relocate employment positions from	1479
elsewhere in this state to the project site that is the subject of	1480
the agreement if the director of development determines both of	1481
the following:	1482

(i) That the site from which the employment positions would	1483
be relocated is inadequate to meet market and industry conditions,	1484
expansion plans, consolidation plans, or other business	1485
considerations affecting the taxpayer;	1486

(ii) That the legislative authority of the county, township,	1487
or municipal corporation from which the employment positions would	1488
be relocated has been notified of the relocation.	1489

For purposes of this section, the movement of an employment	1490
position from one political subdivision to another political	1491
subdivision shall be considered a relocation of an employment	1492
position unless the movement is confined to the project site. The	1493
transfer of an individual employee from one political subdivision	1494
to another political subdivision shall not be considered a	1495
relocation of an employment position as long as the individual's	1496
employment position in the first political subdivision is	1497
refilled.	1498

(9) A waiver by the taxpayer of any limitations periods	1499
relating to assessments or adjustments resulting from the	1500
taxpayer's failure to comply with the agreement.	1501

(F) If a taxpayer fails to meet or comply with any condition	1502
or requirement set forth in a tax credit agreement, the tax credit	1503
authority may amend the agreement to reduce the percentage or term	1504
of the credit. The reduction of the percentage or term shall take	1505
effect in the taxable year immediately following the taxable year	1506
in which the authority amends the agreement or the director of	1507
development notifies the taxpayer in writing of such failure, or	1508
in the first tax period beginning in the calendar year immediately	1509
following the calendar year in which the authority amends the	1510
agreement or the director notifies the taxpayer in writing of such	1511
failure. If the taxpayer fails to annually report any of the	1512
information required by division (E)(6) of this section within the	1513
time required by the director, the reduction of the percentage or	1514
term may take effect in the current taxable year. If the taxpayer	1515
relocates employment positions in violation of the provision	1516
required under division (D)(8)(a) of this section, the taxpayer	1517
shall not claim the tax credit under section 5733.0610 of the	1518
Revised Code for any tax years following the calendar year in	1519
which the relocation occurs, shall not claim the tax credit under	1520
section 5747.058 of the Revised Code for the taxable year in which	1521
the relocation occurs and any subsequent taxable years, and shall	1522
not claim the tax credit under division (A) of section 5751.50 of	1523
the Revised Code for the tax period in which the relocation occurs	1524
and any subsequent tax periods.	1525

(G) Financial statements and other information submitted to	1526
the department of development or the tax credit authority by an	1527
applicant for or recipient of a tax credit under this section, and	1528
any information taken for any purpose from such statements or	1529
information, are not public records subject to section 149.43 of	1530
the Revised Code. However, the chairperson of the authority may	1531
make use of the statements and other information for purposes of	1532
issuing public reports or in connection with court proceedings	1533
concerning tax credit agreements under this section. Upon the	1534
request of the tax commissioner, the chairperson of the authority	1535
shall provide to the commissioner any statement or other	1536
information submitted by an applicant for or recipient of a tax	1537
credit in connection with the credit. The commissioner shall	1538
preserve the confidentiality of the statement or other	1539
information.	1540

(H) A taxpayer claiming a tax credit under this section shall	1541
submit to the tax commissioner a copy of the director of	1542
development's certificate of verification under division (E)(7) of	1543
this section with the taxpayer's tax report or return for the	1544
taxable year or for the calendar year that includes the tax	1545
period. Failure to submit a copy of the certificate with the	1546
report or return does not invalidate a claim for a credit if the	1547
taxpayer submits a copy of the certificate to the commissioner	1548
within sixty days after the commissioner requests it.	1549

(I) For the purposes of this section, a taxpayer may include	1550
a partnership, a corporation that has made an election under	1551
subchapter S of chapter one of subtitle A of the Internal Revenue	1552
Code, or any other business entity through which income flows as a	1553
distributive share to its owners. A tax credit received under this	1554
section by a partnership, S-corporation, or other such business	1555
entity shall be apportioned among the persons to whom the income	1556
or profit of the partnership, S-corporation, or other entity is	1557
distributed, in the same proportions as those in which the income	1558
or profit is distributed.	1559

(J) If the director of development determines that a taxpayer	1560
that received a tax credit under this section is not complying	1561
with the requirement under division (E)(4) of this section, the	1562
director shall notify the tax credit authority of the	1563
noncompliance. After receiving such a notice, and after giving the	1564
taxpayer an opportunity to explain the noncompliance, the	1565
authority may terminate the agreement and require the taxpayer to	1566
refund to the state all or a portion of the credit claimed in	1567
previous years, as follows:	1568

(1) If the taxpayer maintained operations at the project site	1569
for less than the term of the credit, the amount required to be	1570
refunded shall not exceed the amount of any tax credits previously	1571
allowed and received under this section.	1572

(2) If the taxpayer maintained operations at the project site	1573
longer than the term of the credit but less than one and one-half	1574
times the term of the credit, the amount required to be refunded	1575
shall not exceed fifty per cent of the sum of any tax credits	1576
previously allowed and received under this section.	1577

(3) If the taxpayer maintained operations at the project site	1578
for at least one and one-half times the term of the credit but	1579
less than twice the term of the credit, the amount required to be	1580
refunded shall not exceed twenty-five per cent of the sum of any	1581
tax credits previously allowed and received under this section.	1582

In determining the portion of the credit to be refunded to	1583
this state, the authority shall consider the effect of market	1584
conditions on the taxpayer's project and whether the taxpayer	1585
continues to maintain other operations in this state. After making	1586
the determination, the authority shall certify the amount to be	1587
refunded to the tax commissioner. The commissioner shall make an	1588
assessment for that amount against the taxpayer under Chapter	1589
5733., 5747., or 5751. of the Revised Code. The time limitations	1590
on assessments under those chapters do not apply to an assessment	1591
under this division, but the commissioner shall make the	1592
assessment within one year after the date the authority certifies	1593
to the commissioner the amount to be refunded.	1594

If the director of development determines that a taxpayer	1595
that received a tax credit under this section has reduced the	1596
number of employees agreed to under division (E)(5) of this	1597
section by more than ten per cent, the director shall notify the	1598
tax credit authority of the noncompliance. After receiving such	1599
notice, and after providing the taxpayer an opportunity to explain	1600
the noncompliance, the authority may amend the agreement to reduce	1601
the percentage or term of the tax credit. The reduction in the	1602
percentage or term shall take effect in the taxable year, or in	1603
the calendar year that includes the tax period, in which the	1604
authority amends the agreement.	1605

(K) The director of development, after consultation with the	1606
tax commissioner and in accordance with Chapter 119. of the	1607
Revised Code, shall adopt rules necessary to implement this	1608
section. The rules may provide for recipients of tax credits under	1609
this section to be charged fees to cover administrative costs of	1610
the tax credit program. At the time the director gives public	1611
notice under division (A) of section 119.03 of the Revised Code of	1612
the adoption of the rules, the director shall submit copies of the	1613
proposed rules to the chairpersons of the standing committees on	1614
economic development in the senate and the house of	1615
representatives.	1616

(L) On or before the thirty-first day of March of each year,	1617
the director of development shall submit a report to the governor,	1618
the president of the senate, and the speaker of the house of	1619
representatives on the tax credit program under this section. The	1620
report shall include information on the number of agreements that	1621
were entered into under this section during the preceding calendar	1622
year, a description of the project that is the subject of each	1623
such agreement, and an update on the status of projects under	1624
agreements entered into before the preceding calendar year.	1625

(M)(1) A nonrefundable credit shall be allowed to an	1626
applicable corporation and its related members in an amount equal	1627
to the applicable difference. The credit is in addition to the	1628
credit granted to the corporation or related members under	1629
division (B) of this section. The credit is subject to divisions	1630
(B) to (E) and division (J) of this section.	1631

(2) A person qualifying as an applicable corporation under	1632
this section for a tax year does not necessarily qualify as an	1633
applicable corporation for any other tax year. No person is	1634
entitled to the credit allowed under division (M) of this section	1635
for the tax year immediately following the taxable year during	1636
which the person fails to meet the requirements in divisions	1637
(A)(6)(a)(i) and (A)(6)(b) of this section. No person is entitled	1638
to the credit allowed under division (M) of this section for any	1639
tax year for which the person is not eligible for the credit	1640
provided under division (B) of this section.	1641

Sec. 126.11.  (A)(1) The director of budget and management	1642
shall, upon consultation with the treasurer of state, coordinate	1643
and approve the scheduling of initial sales of publicly offered	1644
securities of the state and of publicly offered fractionalized	1645
interests in or securitized issues of public obligations of the	1646
state. The director shall from time to time develop and distribute	1647
to state issuers an approved sale schedule for each of the	1648
obligations covered by division (A) or (B) of this section.	1649
Division (A) of this section applies only to those obligations on	1650
which the state or a state agency is the direct obligor or obligor	1651
on any backup security or related credit enhancement facility or	1652
source of money subject to state appropriations that is intended	1653
for payment of those obligations.	1654

(2) The issuers of obligations pursuant to section 151.03,	1655
151.04, 151.05, 151.07, 151.08, or 151.09 or Chapter 152. or 5537.	1656
of the Revised Code shall submit to the director:	1657

(a) For review and approval: the projected sale date, amount,	1658
and type of obligations proposed to be sold; their purpose,	1659
security, and source of payment; the proposed structure and	1660
maturity schedule; the trust agreement and any supplemental	1661
agreements; and any credit enhancement facilities or interest rate	1662
hedges for the obligations;	1663

(b) For review and comment: the authorizing order or	1664
resolution; preliminary and final offering documents; method of	1665
sale; preliminary and final pricing information; and any written	1666
reports or recommendations of financial advisors or consultants	1667
relating to those obligations;	1668

(c) Promptly after each sale of those obligations: final	1669
terms, including sale price, maturity schedule and yields, and	1670
sources and uses; names of the original purchasers or	1671
underwriters; a copy of the final offering document and of the	1672
transcript of proceedings; and any other pertinent information	1673
requested by the director.	1674

(3) The issuer of obligations pursuant to section 151.06 or	1675
151.40 or Chapter 154. of the Revised Code shall submit to the	1676
director:	1677

(a) For review and mutual agreement: the projected sale date,	1678
amount, and type of obligations proposed to be sold; their	1679
purpose, security, and source of payment; the proposed structure	1680
and maturity schedule; the trust agreement and any supplemental	1681
agreements; and any credit enhancement facilities or interest rate	1682
hedges for the obligations;	1683

(b) For review and comment: the authorizing order or	1684
resolution; preliminary and final offering documents; method of	1685
sale; preliminary and final pricing information; and any written	1686
reports or recommendations of financial advisors or consultants	1687
relating to those obligations;	1688

(c) Promptly after each sale of those obligations: final	1689
terms, including sale price, maturity schedule and yields, and	1690
sources and uses; names of the original purchasers or	1691
underwriters; a copy of the final offering document and of the	1692
transcript of proceedings; and any other pertinent information	1693
requested by the director.	1694

(4) The issuers of obligations pursuant to Chapter 166.,	1695
4981., 5540., or 6121., or section 5531.10, of the Revised Code	1696
shall submit to the director:	1697

(a) For review and comment: the projected sale date, amount,	1698
and type of obligations proposed to be sold; the purpose,	1699
security, and source of payment; and preliminary and final	1700
offering documents;	1701

(b) Promptly after each sale of those obligations: final	1702
terms, including a maturity schedule; names of the original	1703
purchasers or underwriters; a copy of the complete continuing	1704
disclosure agreement pursuant to S.E.C. rule 15c2-12 or equivalent	1705
rule as from time to time in effect; and any other pertinent	1706
information requested by the director.	1707

(5) Not later than thirty days after the end of a fiscal	1708
year, each issuer of obligations subject to divisions (A) and (B)	1709
of this section shall submit to the director and to the treasurer	1710
of state a sale plan for the then current fiscal year for each	1711
type of obligation, projecting the amount and term of each	1712
issuance, the method of sale, and the month of sale.	1713

(B) Issuers of obligations pursuant to section 3318.085 or	1714
Chapter 175., 3366., 3706., 3737., 5537., 6121., or 6123. of the	1715
Revised Code shall submit to the director copies of the	1716
preliminary and final offering documents upon their availability	1717
if not previously submitted pursuant to division (A) of this	1718
section.	1719

(C) Not later than the first day of January of each year,	1720
every state agency obligated to make payments on outstanding	1721
public obligations with respect to which fractionalized interests	1722
have been publicly issued, such as certificates of participation,	1723
shall submit a report to the director of the amounts payable from	1724
state appropriations under those public obligations during the	1725
then current and next two fiscal years, identifying the	1726
appropriation or intended appropriation from which payment is	1727
expected to be made.	1728

(D)(1) Information relating generally to the historic,	1729
current, or future demographics or economy or financial condition	1730
or funds or general operations of the state, and descriptions of	1731
any state contractual obligations relating to public obligations,	1732
to be contained in any offering document, continuing disclosure	1733
document, or written presentation prepared, approved, or provided,	1734
or committed to be provided, by an issuer in connection with the	1735
original issuance and sale of, or rating, remarketing, or credit	1736
enhancement facilities relating to, public obligations referred to	1737
in division (A) of this section shall be approved as to format and	1738
accuracy by the director before being presented, published, or	1739
disseminated in preliminary, draft, or final form, or publicly	1740
filed in paper, electronic, or other format.	1741

(2) Except for information described in division (D)(1) of	1742
this section that is to be contained in an offering document,	1743
continuing disclosure document, or written presentation, division	1744
(D)(1) of this section does not inhibit direct communication	1745
between an issuer and a rating agency, remarketing agent, or	1746
credit enhancement provider concerning an issuance of public	1747
obligations referred to in division (A) of this section or matters	1748
associated with that issuance.	1749

(3) The materials approved and provided pursuant to division	1750
(D) of this section are the information relating to the particular	1751
subjects provided by the state or state agencies that are required	1752
or contemplated by any applicable state or federal securities laws	1753
and any commitments by the state or state agencies made under	1754
those laws. Reliance for the purpose should not be placed on any	1755
other information publicly provided, in any format including	1756
electronic, by any state agency for other purposes, including	1757
general information provided to the public or to portions of the	1758
public. A statement to that effect shall be included in those	1759
materials so approved or provided.	1760

(E) Issuers of obligations referred to in division (A) of	1761
this section may take steps, by formal agreement, covenants in the	1762
proceedings, or otherwise, as may be necessary or appropriate to	1763
comply or permit compliance with applicable lawful disclosure	1764
requirements relating to those obligations, and may, subject to	1765
division (D) of this section, provide, make available, or file	1766
copies of any required disclosure materials as necessary or	1767
appropriate. Any such formal agreement or covenant relating to	1768
subjects referred to in division (D) of this section, and any	1769
description of that agreement or covenant to be contained in any	1770
offering document, shall be approved by the director before being	1771
entered into or published or publicly disseminated in preliminary,	1772
draft, or final form or publicly filed in paper, electronic, or	1773
other format. The director shall be responsible for making all	1774
filings in compliance with those requirements relating to direct	1775
obligations of the state, including fractionalized interests in	1776
those obligations.	1777

(F) No state agency or official shall, without the approval	1778
of the director of budget and management, do either of the	1779
following:	1780

(1) Enter into or commit to enter into a public obligation	1781
under which fractionalized interests in the payments are to be	1782
publicly offered, which payments are anticipated to be made from	1783
money from any source appropriated or to be appropriated by the	1784
general assembly or in which the provision stated in section 9.94	1785
of the Revised Code is not included;	1786

(2) Except as otherwise expressly authorized for the purpose	1787
by law, agree or commit to provide, from money from any source to	1788
be appropriated in the future by the general assembly, financial	1789
assistance to or participation in the costs of capital facilities,	1790
or the payment of debt charges, directly or by way of a credit	1791
enhancement facility, a reserve, rental payments, or otherwise, on	1792
obligations issued to pay costs of capital facilities.	1793

(G) As used in this section, "interest rate hedge" has the	1794
same meaning as in section 9.98 of the Revised Code; "credit	1795
enhancement facilities," "debt charges," "fractionalized interests	1796
in public obligations," "obligor," "public issuer," and	1797
"securities" have the same meanings as in section 133.01 of the	1798
Revised Code; "public obligation" has the same meaning as in	1799
division (GG)(2) of section 133.01 of the Revised Code;	1800
"obligations" means securities or public obligations or	1801
fractionalized interests in them; "issuers" means issuers of	1802
securities or state obligors on public obligations; "offering	1803
document" means an official statement, offering circular, private	1804
placement memorandum, or prospectus, or similar document; and	1805
"director" means the director of budget and management or the	1806
employee of the office of budget and management designated by the	1807
director for the purpose.	1808

Sec. 131.02. (A) Except as otherwise provided in section	1809
4123.37 and division (J) of section 4123.511 of the Revised Code,	1810
whenever any amount is payable to the state, the officer,	1811
employee, or agent responsible for administering the law under	1812
which the amount is payable shall immediately proceed to collect	1813
the amount or cause the amount to be collected and shall pay the	1814
amount into the state treasury or into the appropriate custodial	1815
fund in the manner set forth pursuant to section 113.08 of the	1816
Revised Code. Except as otherwise provided in this division, if	1817
the amount is not paid within forty-five days after payment is	1818
due, the officer, employee, or agent shall certify the amount due	1819
to the attorney general, in the form and manner prescribed by the	1820
attorney general, and notify the director of budget and management	1821
thereof. In the case of an amount payable by a student enrolled in	1822
a state institution of higher education, the amount shall be	1823
certified within the later of forty-five days after the amount is	1824
due or the tenth day after the beginning of the next academic	1825
semester, quarter, or other session following the session for	1826
which the payment is payable. The attorney general may assess the	1827
collection cost to the amount certified in such manner and amount	1828
as prescribed by the attorney general.	1829

For the purposes of this section, the attorney general and	1830
the officer, employee, or agent responsible for administering the	1831
law under which the amount is payable shall agree on the time a	1832
payment is due, and that agreed upon time shall be one of the	1833
following times:	1834

(1) If a law, including an administrative rule, of this state	1835
prescribes the time a payment is required to be made or reported,	1836
when the payment is required by that law to be paid or reported.	1837

(2) If the payment is for services rendered, when the	1838
rendering of the services is completed.	1839

(3) If the payment is reimbursement for a loss, when the loss	1840
is incurred.	1841

(4) In the case of a fine or penalty for which a law or	1842
administrative rule does not prescribe a time for payment, when	1843
the fine or penalty is first assessed.	1844

(5) If the payment arises from a legal finding, judgment, or	1845
adjudication order, when the finding, judgment, or order is	1846
rendered or issued.	1847

(6) If the payment arises from an overpayment of money by the	1848
state to another person, when the overpayment is discovered.	1849

(7) The date on which the amount for which an individual is	1850
personally liable under section 5735.35, section 5739.33, or	1851
division (G) of section 5747.07 of the Revised Code is determined.	1852

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

1853

(9) Any other appropriate time determined by the attorney	1854
general and the officer, employee, or agent responsible for	1855
administering the law under which the amount is payable on the	1856
basis of statutory requirements or ordinary business processes of	1857
the state agency to which the payment is owed.	1858

(B)(1) The attorney general shall give immediate notice by	1859
mail or otherwise to the party indebted of the nature and amount	1860
of the indebtedness.	1861

(2) If the amount payable to this state arises from a tax	1862
levied under Chapter 5733., 5739., 5741., 5747., or 5751. of the	1863
Revised Code, the notice also shall specify all of the following:	1864

(a) The assessment or case number;

1865

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

1866

(c) The reason for the liability, including, if applicable,	1867
that a penalty or interest is due;	1868

(d) An explanation of how and when interest will be added to	1869
the amount assessed;	1870

(e) That the attorney general and tax commissioner, acting	1871
together, have the authority, but are not required, to compromise	1872
the claim and accept payment over a reasonable time, if such	1873
actions are in the best interest of the state.	1874

(C) The attorney general shall collect the claim or secure a	1875
judgment and issue an execution for its collection.	1876

(D) Each claim shall bear interest, from the day on which the	1877
claim became due, at the rate per annum required by section	1878
5703.47 of the Revised Code.	1879

(E) The attorney general and the chief officer of the agency	1880
reporting a claim, acting together, may do any of the following if	1881
such action is in the best interests of the state:	1882

(1) Compromise the claim;

1883

(2) Extend for a reasonable period the time for payment of	1884
the claim by agreeing to accept monthly or other periodic	1885
payments. The agreement may require security for payment of the	1886
claim.	1887

(3) Add fees to recover the cost of processing checks or	1888
other draft instruments returned for insufficient funds and the	1889
cost of providing electronic payment options.	1890

(F)(1) Except as provided in division (F)(2) of this section,	1891
if the attorney general finds, after investigation, that any claim	1892
due and owing to the state is uncollectible, the attorney general,	1893
with the consent of the chief officer of the agency reporting the	1894
claim, may do the following:	1895

(a) Sell, convey, or otherwise transfer the claim to one or	1896
more private entities for collection;	1897

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

1898

(2) The attorney general shall cancel or cause to be canceled	1899
an unsatisfied claim on the date that is forty years after the	1900
date the claim is certified.	1901

(3) No initial action shall be commenced to collect any tax	1902
payable to the state that is administered by the tax commissioner,	1903
whether or not such tax is subject to division (B) of this	1904
section, or any penalty, interest, or additional charge on such	1905
tax, after the expiration of the period ending on the later of the	1906
dates specified in divisions (F)(3)(a) and (b) of this section,	1907
provided that such period shall be extended by the period of any	1908
stay to such collection or by any other period to which the	1909
parties mutually agree:. If the initial action in aid of execution	1910
is commenced before the later of the dates specified in divisions	1911
(F)(3)(a) and (b) of this section, any and all subsequent actions	1912
may be pursued in aid of execution of judgment for as long as the	1913
debt exists.	1914

(a) Seven years after the assessment of the tax, penalty,	1915
interest, or additional charge is issued.	1916

(b) Four years after the assessment of the tax, penalty,	1917
interest, or additional charge becomes final. For the purposes of	1918
division (F)(3)(b) of this section, the assessment becomes final	1919
at the latest of the following: upon expiration of the period to	1920
petition for reassessment, or if applicable, to appeal a final	1921
determination of the commissioner or decision of the board of tax	1922
appeals or a court, or, if applicable, upon decision of the United	1923
States supreme court.	1924

For the purposes of division (F)(3) of this section, an	1925
initial action to collect a tax debt is commenced at the time when	1926
any action, including any action in aid of execution on a	1927
judgment, commences after a certified copy of the tax	1928
commissioner's entry making an assessment final has been filed in	1929
the office of the clerk of court of common pleas in the county in	1930
which the taxpayer resides or has its principal place of business	1931
in this state, or in the office of the clerk of court of common	1932
pleas of Franklin county, as provided in section 5739.13, 5741.14,	1933
5747.13, or 5751.09 of the Revised Code or in any other applicable	1934
law requiring such a filing. If an assessment has not been issued	1935
and there is no time limitation on the issuance of an assessment	1936
under applicable law, an action to collect a tax debt commences	1937
when the action is filed in the courts of this state to collect	1938
the liability.	1939

(4) If information contained in a claim that is sold,	1940
conveyed, or transferred to a private entity pursuant to this	1941
section is confidential pursuant to federal law or a section of	1942
the Revised Code that implements a federal law governing	1943
confidentiality, such information remains subject to that law	1944
during and following the sale, conveyance, or transfer.	1945

Sec. 133.021.  The general assembly hereby finds and declares	1946
that the "Tax Reform Act of 1986" (the "Act") establishes a	1947
unified volume ceiling on the aggregate amount of private activity	1948
bonds that can be issued in each state. The amount of the unified	1949
volume ceiling shall be the amount determined as set forth in	1950
section 146(d) of the Internal Revenue Code.	1951

The general assembly further finds and declares that the Act	1952
requires the state to allocate its volume ceiling according to a	1953
specified formula unless a different procedure is established by	1954
the governor or general assembly.	1955

The general assembly further finds and declares that pursuant	1956
to authorization of state legislation the general assembly has, by	1957
division (D)(3) of section 133.02 of the Revised Code, effective	1958
October 30, 1989, provided for delegating such function to the	1959
governor and for further delegation as therein provided, subject	1960
to such prospectively effective actions as may subsequently be	1961
taken by the general assembly.	1962

The general assembly further finds and declares that it	1963
desires to by legislation provide for an efficient, effective, and	1964
equitable procedure under which the state will allocate the	1965
unified volume ceiling.	1966

The general assembly therefore finds and declares that it is	1967
necessary to create the joint select committee on volume cap to	1968
create a process for the allocation of the unified volume ceiling.	1969

(A) Pursuant to section 146(e)(2)(B)(ii) of the Internal	1970
Revenue Code, which provides that a state may by law provide a	1971
different formula for allocating the state ceiling, there is	1972
hereby created the joint select committee on volume cap to provide	1973
for the allocation and the reallocation of the unified volume	1974
ceiling among the governmental units (or other authorities) in the	1975
state having authority to issue tax exempt private activity bonds.	1976

(B) The committee shall consist of eight members. Two members	1977
shall be from the house of representatives appointed by the	1978
speaker of the house of representatives; two members shall be from	1979
the senate appointed by the president of the senate; and four	1980
members shall be appointed by the governor. Each member shall be	1981
selected for the member's knowledge and experience in tax exempt	1982
private activity bonds. The members shall serve at the pleasure of	1983
the appointing authority. A vacancy shall be filled in the same	1984
manner as the original appointment.	1985

(C) The purpose of the committee shall be to maximize the	1986
economic benefits of the unified volume ceiling to all citizens of	1987
the state. To this end, the joint select committee on volume cap	1988
shall:	1989

(1) Set forth procedures for making allocations, reallocation	1990
and carry forward of the state's unified volume ceiling in	1991
accordance with the Act;	1992

(2) Develop strategies for allocating and reallocating the	1993
unified volume ceiling which are designed to maximize the	1994
availability of tax exempt private activity bonds among competing	1995
sectors of the state.	1996

(D) To provide for the orderly and prompt issuance of private	1997
activity bonds, the committee is authorized to allocate the	1998
unified volume ceiling among those governmental units (or other	1999
authorities) in the state having authority to issue tax exempt	2000
private activity bonds. The committee shall reserve a portion of	2001
the unified volume ceiling to be allocated for multi-family rental	2002
housing projects. The committee in determination of unified volume	2003
ceiling allocations and reallocations shall consider the	2004
following:	2005

(1) The interest of the state with regard to long-term	2006
economic development, housing, education, redevelopment, and solid	2007
waste management;	2008

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

2009

(3) The needs of political subdivisions.

2010

(E) The director of development shall adopt rules in	2011
accordance with Chapter 119. of the Revised Code to carry out the	2012
purposes of this section.	2013

(F) Any allocation of the state's unified volume ceiling	2014
pursuant to this section for the purposes of the issuance of	2015
student loan notes shall be awarded only to either of the	2016
following:	2017

(1) The nonprofit corporation designated under division (B)	2018
of section 3351.07 of the Revised Code;	2019

(2) The treasurer of state for the purposes of carrying out	2020
the student loan program described in Chapter 3366. of the Revised	2021
Code.	2022

Sec. 133.07.  (A) A county shall not incur, without a vote of	2023
the electors, either of the following:	2024

(1) Net indebtedness for all purposes that exceeds an amount	2025
equal to one per cent of its tax valuation;	2026

(2) Net indebtedness for the purpose of paying the county's	2027
share of the cost of the construction, improvement, maintenance,	2028
or repair of state highways that exceeds an amount equal to	2029
one-half of one per cent of its tax valuation.	2030

(B) A county shall not incur total net indebtedness that	2031
exceeds an amount equal to one of the following limitations that	2032
applies to the county:	2033

(1) A county with a valuation not exceeding one hundred	2034
million dollars, three per cent of that tax valuation;	2035

(2) A county with a tax valuation exceeding one hundred	2036
million dollars but not exceeding three hundred million dollars,	2037
three million dollars plus one and one-half per cent of that tax	2038
valuation in excess of one hundred million dollars;	2039

(3) A county with a tax valuation exceeding three hundred	2040
million dollars, six million dollars plus two and one-half per	2041
cent of that tax valuation in excess of three hundred million	2042
dollars.	2043

(C) In calculating the net indebtedness of a county, none of	2044
the following securities shall be considered:	2045

(1) Securities described in section 307.201 of the Revised	2046
Code;	2047

(2) Self-supporting securities issued for any purposes,	2048
including, but not limited to, any of the following general	2049
purposes:	2050

(a) Water systems or facilities;

2051

(b) Sanitary sewerage systems or facilities, or surface and	2052
storm water drainage and sewerage systems or facilities, or a	2053
combination of those systems or facilities;	2054

(c) County or joint county scrap tire collection, storage,	2055
monocell, monofill, or recovery facilities, or any combination of	2056
those facilities;	2057

(d) Off-street parking lots, facilities, or buildings, or	2058
on-street parking facilities, or any combination of off-street and	2059
on-street parking facilities;	2060

(e) Facilities for the care or treatment of the sick or	2061
infirm, and for housing the persons providing that care or	2062
treatment and their families;	2063

(f) Recreational, sports, convention, auditorium, museum,	2064
trade show, and other public attraction facilities;	2065

(g) Facilities for natural resources exploration,	2066
development, recovery, use, and sale;	2067

(h) Correctional and detention facilities and related	2068
rehabilitation facilities.	2069

(3) Securities issued for the purpose of purchasing,	2070
constructing, improving, or extending water or sanitary or surface	2071
and storm water sewerage systems or facilities, or a combination	2072
of those systems or facilities, to the extent that an agreement	2073
entered into with another subdivision requires the other	2074
subdivision to pay to the county amounts equivalent to debt	2075
charges on the securities;	2076

(4) Voted general obligation securities issued for the	2077
purpose of permanent improvements for sanitary sewerage or water	2078
systems or facilities to the extent that the total principal	2079
amount of voted securities outstanding for the purpose does not	2080
exceed an amount equal to two per cent of the county's tax	2081
valuation;	2082

(5) Securities issued for permanent improvements to house	2083
agencies, departments, boards, or commissions of the county or of	2084
any municipal corporation located, in whole or in part, in the	2085
county, to the extent that the revenues, other than revenues from	2086
unvoted county property taxes, derived from leases or other	2087
agreements between the county and those agencies, departments,	2088
boards, commissions, or municipal corporations relating to the use	2089
of the permanent improvements are sufficient to cover the cost of	2090
all operating expenses of the permanent improvements paid by the	2091
county and debt charges on the securities;	2092

(6) Securities issued pursuant to section 133.08 of the	2093
Revised Code;	2094

(7) Securities issued for the purpose of acquiring or	2095
constructing roads, highways, bridges, or viaducts, for the	2096
purpose of acquiring or making other highway permanent	2097
improvements, or for the purpose of procuring and maintaining	2098
computer systems for the office of the clerk of any	2099
county-operated municipal court, for the office of the clerk of	2100
the court of common pleas, or for the office of the clerk of the	2101
probate, juvenile, or domestic relations division of the court of	2102
common pleas to the extent that the legislation authorizing the	2103
issuance of the securities includes a covenant to appropriate from	2104
moneys distributed to the county pursuant to division (B) of	2105
section 2101.162, 2151.541, 2153.081, 2301.031, or 2303.201 or	2106
Chapter 4501., 4503., 4504., or 5735. of the Revised Code a	2107
sufficient amount to cover debt charges on and financing costs	2108
relating to the securities as they become due;	2109

(8) Securities issued for the purpose of acquiring,	2110
constructing, improving, and equipping a county, multicounty, or	2111
multicounty-municipal jail, workhouse, juvenile detention	2112
facility, or correctional facility;	2113

(9) Securities issued for the acquisition, construction,	2114
equipping, or repair of any permanent improvement or any class or	2115
group of permanent improvements enumerated in a resolution adopted	2116
pursuant to division (D) of section 5739.026 of the Revised Code	2117
to the extent that the legislation authorizing the issuance of the	2118
securities includes a covenant to appropriate from moneys received	2119
from the taxes authorized under section 5739.023 and division	2120
(A)(5) of section 5739.026 of the Revised Code an amount	2121
sufficient to pay debt charges on the securities and those moneys	2122
shall be pledged for that purpose;	2123

(10) Securities issued for county or joint county solid waste	2124
or hazardous waste collection, transfer, or disposal facilities,	2125
or resource recovery and solid or hazardous waste recycling	2126
facilities, or any combination of those facilities;	2127

(11) Securities issued for the acquisition, construction, and	2128
equipping of a port authority educational and cultural facility	2129
under section 307.671 of the Revised Code;	2130

(12) Securities issued for the acquisition, construction,	2131
equipping, and improving of a municipal educational and cultural	2132
facility under division (B)(1) of section 307.672 of the Revised	2133
Code;	2134

(13) Securities issued for energy conservation measures under	2135
section 307.041 of the Revised Code;	2136

(14) Securities issued for the acquisition, construction,	2137
equipping, improving, or repair of a sports facility, including	2138
obligations issued to pay costs of a sports facility under section	2139
307.673 of the Revised Code;	2140

(15) Securities issued under section 755.17 of the Revised	2141
Code if the legislation authorizing issuance of the securities	2142
includes a covenant to appropriate from revenue received from a	2143
tax authorized under division (A)(5) of section 5739.026 and	2144
section 5741.023 of the Revised Code an amount sufficient to pay	2145
debt charges on the securities, and the board of county	2146
commissioners pledges that revenue for that purpose, pursuant to	2147
section 755.171 of the Revised Code;	2148

(16) Sales tax supported bonds issued pursuant to section	2149
133.081 of the Revised Code for the purpose of acquiring,	2150
constructing, improving, or equipping any permanent improvement to	2151
the extent that the legislation authorizing the issuance of the	2152
sales tax supported bonds pledges county sales taxes to the	2153
payment of debt charges on the sales tax supported bonds and	2154
contains a covenant to appropriate from county sales taxes a	2155
sufficient amount to cover debt charges or the financing costs	2156
related to the sales tax supported bonds as they become due;	2157

(17) Bonds or notes issued under section 133.60 of the	2158
Revised Code if the legislation authorizing issuance of the bonds	2159
or notes includes a covenant to appropriate from revenue received	2160
from a tax authorized under division (A)(9) of section 5739.026	2161
and section 5741.023 of the Revised Code an amount sufficient to	2162
pay the debt charges on the bonds or notes, and the board of	2163
county commissioners pledges that revenue for that purpose;	2164

(18) Securities issued under section 3707.55 of the Revised	2165
Code for the acquisition of real property by a general health	2166
district;	2167

(19) Securities issued under division (A)(3) of section	2168
3313.37 of the Revised Code for the acquisition of real and	2169
personal property by an educational service center;	2170

(20) Securities issued for the purpose of paying the costs of	2171
acquiring, constructing, reconstructing, renovating,	2172
rehabilitating, expanding, adding to, equipping, furnishing, or	2173
otherwise improving an arena, convention center, or a combination	2174
of an arena and convention center under section 307.695 of the	2175
Revised Code.	2176

(D) In calculating the net indebtedness of a county, no	2177
obligation incurred under division (D) of section 339.06 of the	2178
Revised Code shall be considered.	2179

Sec. 133.08.  (A) In addition to any power to issue	2180
securities under other provisions of the Revised Code for the	2181
purposes, a county may issue revenue securities as authorized in	2182
this section.	2183

(B) A county may issue revenue securities to fund or refund	2184
revenue securities previously issued, or for any purposes for	2185
which it could issue self-supporting securities and, without	2186
limitation, any of the following general purposes:	2187

(1) For one or more established sewer districts, any of the	2188
purposes provided in divisions (C)(2)(a) and (b) of section 133.07	2189
of the Revised Code;	2190

(2) Hospital facilities as defined in division (E) of section	2191
140.01 of the Revised Code;	2192

(3) Facilities described in division (C)(10) of section	2193
133.07 of the Revised Code;	2194

(4) Off-street parking facilities pursuant to section 307.02	2195
of the Revised Code;	2196

(5) An arena, a convention center, or a combination of an	2197
arena and convention center under section 307.695 of the Revised	2198
Code.	2199

(C) The county shall establish rates or charges for the use,	2200
availability, or rental of the facilities to which the financing	2201
relates, being the improvement, enterprise, system, project, or	2202
categories of improvements or the operation or function that the	2203
facilities serve, which rates or charges shall be designed to	2204
provide revenues to the county sufficient to pay the costs of all	2205
current expenses of the facilities payable by the county and to	2206
pay the debt charges on the securities and to establish and	2207
maintain any contractually required special funds relating to the	2208
securities or the facilities.	2209

(D) Revenue securities issued under this section shall not be	2210
general obligations of the county. Revenue securities issued under	2211
this section shall be secured only by a pledge of and lien upon	2212
the revenues of the county, derived from its ownership or	2213
operation of the facilities, including those rates or charges or	2214
rents and any interest subsidies or debt charges, grants, or other	2215
payments by federal or state agencies available therefor, and the	2216
covenants of the county to maintain sufficient rentals, rates, and	2217
charges to produce revenues sufficient to pay all current expenses	2218
of the facilities payable by the county and to pay the debt	2219
charges on the securities and to establish and maintain any	2220
contractually required special funds relating to the securities or	2221
the facilities, and, if the securities are anticipatory	2222
securities, to issue the revenue securities in anticipation of the	2223
issuance of which the revenue securities are issued. Revenue	2224
securities may also be secured by a pledge of and lien on the	2225
proceeds of any securities issued to fund or refund those revenue	2226
securities.	2227

(E) The county officers authorized by the county taxing	2228
authority shall execute the necessary documents, including but not	2229
limited to trust agreements and leases, to provide for the pledge,	2230
protection, and disposition of the pledged revenues from which	2231
debt charges and any special fund deposits are to be paid.	2232

(F) As long as any of these revenue securities, in either	2233
original or refunded form, remain outstanding, except as otherwise	2234
provided in those documents, all parts of the facilities the	2235
revenues from which are pledged, shall remain under the control of	2236
the county taxing authority, whether any parts of the facilities	2237
are leased to or operated by others or are in or thereafter come	2238
within the boundaries of any municipal corporation, and the	2239
facilities shall remain subject to the power and duty of the	2240
taxing authority to fix and collect rates or charges or rents for	2241
the use of facilities.	2242

(G) The authority to issue securities of the county under	2243
this section for permanent improvements described in division	2244
(B)(2) of this section or division (C)(2)(d) of section 133.07 of	2245
the Revised Code may separately and independently be exercised by	2246
a board of county hospital trustees established under section	2247
339.02 of the Revised Code for those permanent improvements and	2248
related operations under the control of that board.	2249

(H) Sections 9.98 to 9.983 of the Revised Code apply to	2250
securities issued under this section, notwithstanding any other	2251
provision in this chapter.	2252

Sec. 133.20.  (A) This section applies to bonds that are	2253
general obligation Chapter 133. securities. If the bonds are	2254
payable as to principal by provision for annual installments, the	2255
period of limitations on their last maturity, referred to as their	2256
maximum maturity, shall be measured from a date twelve months	2257
prior to the first date on which provision for payment of	2258
principal is made. If the bonds are payable as to principal by	2259
provision for semiannual installments, the period of limitations	2260
on their last maturity shall be measured from a date six months	2261
prior to the first date on which provision for payment of	2262
principal is made.	2263

(B) Bonds issued for the following permanent improvements or	2264
for permanent improvements for the following purposes shall have	2265
maximum maturities not exceeding the number of years stated:	2266

(1) Fifty years:

2267

(a) The clearance and preparation of real property for	2268
redevelopment as an urban redevelopment project;	2269

(b) Acquiring, constructing, widening, relocating, enlarging,	2270
extending, and improving a publicly owned railroad or line of	2271
railway or a light or heavy rail rapid transit system, including	2272
related bridges, overpasses, underpasses, and tunnels, but not	2273
including rolling stock or equipment;	2274

(c) Pursuant to section 307.675 of the Revised Code,	2275
constructing or repairing a bridge using long life expectancy	2276
material for the bridge deck, and purchasing, installing, and	2277
maintaining any performance equipment to monitor the physical	2278
condition of a bridge so constructed or repaired. Additionally,	2279
the average maturity of the bonds shall not exceed the expected	2280
useful life of the bridge deck as determined by the county	2281
engineer under that section.	2282

(2) Forty years:

2283

(a) General waterworks or water system permanent	2284
improvements, including buildings, water mains, or other	2285
structures and facilities in connection therewith;	2286

(b) Sewers or sewage treatment or disposal works or	2287
facilities, including fireproof buildings or other structures in	2288
connection therewith;	2289

(c) Storm water drainage, surface water, and flood prevention	2290
facilities.	2291

(3) Thirty-five years: sports

2292

(a) An arena, a convention center, or a combination of an	2293
arena and convention center under section 307.695 of the Revised	2294
Code;	2295

(b) Sports facilities.

2296

(4) Thirty years:

2297

(a) Municipal recreation, excluding recreational equipment;

2298

(b) Urban redevelopment projects;

2299

(c) Acquisition of real property;

2300

(d) Street or alley lighting purposes or relocating overhead	2301
wires, cables, and appurtenant equipment underground.	2302

(5) Twenty years: constructing, reconstructing, widening,	2303
opening, improving, grading, draining, paving, extending, or	2304
changing the line of roads, highways, expressways, freeways,	2305
streets, sidewalks, alleys, or curbs and gutters, and related	2306
bridges, viaducts, overpasses, underpasses, grade crossing	2307
eliminations, service and access highways, and tunnels.	2308

(6) Fifteen years:

2309

(a) Resurfacing roads, highways, streets, or alleys;

2310

(b) Alarm, telegraph, or other communications systems for	2311
police or fire departments or other emergency services;	2312

(c) Passenger buses used for mass transportation;

2313

(d) Energy conservation measures as authorized by section	2314
133.06 of the Revised Code.	2315

(7) Ten years:

2316

(a) Water meters;

2317

(b) Fire department apparatus and equipment;

2318

(c) Road rollers and other road construction and servicing	2319
vehicles;	2320

(d) Furniture, equipment, and furnishings;

2321

(e) Landscape planting and other site improvements;

2322

(f) Playground, athletic, and recreational equipment and	2323
apparatus;	2324

(g) Energy conservation measures as authorized by section	2325
307.041, 505.264, or 717.02 of the Revised Code.	2326

(8) Five years: New motor vehicles other than those described	2327
in any other division of this section and those for which	2328
provision is made in other provisions of the Revised Code.	2329

(C) Bonds issued for any permanent improvements not within	2330
the categories set forth in division (B) of this section shall	2331
have maximum maturities of from five to thirty years as the fiscal	2332
officer estimates is the estimated life or period of usefulness of	2333
those permanent improvements. Bonds issued under section 133.51 of	2334
the Revised Code for purposes other than permanent improvements	2335
shall have the maturities, not to exceed forty years, that the	2336
taxing authority shall specify.	2337

(D) Securities issued under section 505.265 or 717.07 of the	2338
Revised Code shall mature not later than December 31, 2035.	2339

(E) A securities issue for one purpose may include permanent	2340
improvements within two or more categories under divisions (B) and	2341
(C) of this section. The maximum maturity of such a bond issue	2342
shall not exceed the average number of years of life or period of	2343
usefulness of the permanent improvements as measured by the	2344
weighted average of the amounts expended or proposed to be	2345
expended for the categories of permanent improvements.	2346

Sec. 151.01.  (A) As used in sections 151.01 to 151.11 and	2347
151.40 of the Revised Code and in the applicable bond proceedings	2348
unless otherwise provided:	2349

(1) "Bond proceedings" means the resolutions, orders,	2350
agreements, and credit enhancement facilities, and amendments and	2351
supplements to them, or any one or more or combination of them,	2352
authorizing, awarding, or providing for the terms and conditions	2353
applicable to or providing for the security or liquidity of, the	2354
particular obligations, and the provisions contained in those	2355
obligations.	2356

(2) "Bond service fund" means the respective bond service	2357
fund created by section 151.03, 151.04, 151.05, 151.06, 151.07,	2358
151.08, 151.09, 151.10, 151.11, or 151.40 of the Revised Code, and	2359
any accounts in that fund, including all moneys and investments,	2360
and earnings from investments, credited and to be credited to that	2361
fund and accounts as and to the extent provided in the applicable	2362
bond proceedings.	2363

(3) "Capital facilities" means capital facilities or projects	2364
as referred to in section 151.03, 151.04, 151.05, 151.06, 151.07,	2365
151.08, 151.09, 151.10, 151.11, or 151.40 of the Revised Code.	2366

(4) "Costs of capital facilities" means the costs of	2367
acquiring, constructing, reconstructing, rehabilitating,	2368
remodeling, renovating, enlarging, improving, equipping, or	2369
furnishing capital facilities, and of the financing of those	2370
costs. "Costs of capital facilities" includes, without limitation,	2371
and in addition to costs referred to in section 151.03, 151.04,	2372
151.05, 151.06, 151.07, 151.08, 151.09, 151.10, 151.11, or 151.40	2373
of the Revised Code, the cost of clearance and preparation of the	2374
site and of any land to be used in connection with capital	2375
facilities, the cost of any indemnity and surety bonds and	2376
premiums on insurance, all related direct administrative expenses	2377
and allocable portions of direct costs of the issuing authority,	2378
costs of engineering and architectural services, designs, plans,	2379
specifications, surveys, and estimates of cost, financing costs,	2380
interest on obligations from their date to the time when interest	2381
is to be paid from sources other than proceeds of obligations,	2382
amounts necessary to establish any reserves as required by the	2383
bond proceedings, the reimbursement of all moneys advanced or	2384
applied by or borrowed from any person or governmental agency or	2385
entity for the payment of any item of costs of capital facilities,	2386
and all other expenses necessary or incident to planning or	2387
determining feasibility or practicability with respect to capital	2388
facilities, and such other expenses as may be necessary or	2389
incident to the acquisition, construction, reconstruction,	2390
rehabilitation, remodeling, renovation, enlargement, improvement,	2391
equipment, and furnishing of capital facilities, the financing of	2392
those costs, and the placing of the capital facilities in use and	2393
operation, including any one, part of, or combination of those	2394
classes of costs and expenses. For purposes of sections 122.085 to	2395
122.0820 of the Revised Code, "costs of capital facilities"	2396
includes "allowable costs" as defined in section 122.085 of the	2397
Revised Code.	2398

(5) "Credit enhancement facilities," "financing costs," and	2399
"interest" or "interest equivalent" have the same meanings as in	2400
section 133.01 of the Revised Code.	2401

(6) "Debt service" means principal, including any mandatory	2402
sinking fund or redemption requirements for retirement of	2403
obligations, interest and other accreted amounts, interest	2404
equivalent, and any redemption premium, payable on obligations. If	2405
not prohibited by the applicable bond proceedings, debt service	2406
may include costs relating to credit enhancement facilities that	2407
are related to and represent, or are intended to provide a source	2408
of payment of or limitation on, other debt service.	2409

(7) "Issuing authority" means the Ohio public facilities	2410
commission created in section 151.02 of the Revised Code for	2411
obligations issued under section 151.03, 151.04, 151.05, 151.07,	2412
151.08, 151.09, 151.10, or 151.11 of the Revised Code, or the	2413
treasurer of state, or the officer who by law performs the	2414
functions of that office, for obligations issued under section	2415
151.06 or 151.40 of the Revised Code.	2416

(8) "Net proceeds" means amounts received from the sale of	2417
obligations, excluding amounts used to refund or retire	2418
outstanding obligations, amounts required to be deposited into	2419
special funds pursuant to the applicable bond proceedings, and	2420
amounts to be used to pay financing costs.	2421

(9) "Obligations" means bonds, notes, or other evidences of	2422
obligation of the state, including any appertaining interest	2423
coupons, issued under Section 2k, 2l, 2m, 2n, 2o, 2p, or 15 of	2424
Article VIII, Ohio Constitution, and pursuant to sections 151.01	2425
to 151.11 or 151.40 of the Revised Code or other general assembly	2426
authorization.	2427

(10) "Principal amount" means the aggregate of the amount as	2428
stated or provided for in the applicable bond proceedings as the	2429
amount on which interest or interest equivalent on particular	2430
obligations is initially calculated. Principal amount does not	2431
include any premium paid to the state by the initial purchaser of	2432
the obligations. "Principal amount" of a capital appreciation	2433
bond, as defined in division (C) of section 3334.01 of the Revised	2434
Code, means its face amount, and "principal amount" of a zero	2435
coupon bond, as defined in division (J) of section 3334.01 of the	2436
Revised Code, means the discounted offering price at which the	2437
bond is initially sold to the public, disregarding any purchase	2438
price discount to the original purchaser, if provided for pursuant	2439
to the bond proceedings.	2440

(11) "Special funds" or "funds," unless the context indicates	2441
otherwise, means the bond service fund, and any other funds,	2442
including any reserve funds, created under the bond proceedings	2443
and stated to be special funds in those proceedings, including	2444
moneys and investments, and earnings from investments, credited	2445
and to be credited to the particular fund. Special funds do not	2446
include the school building program assistance fund created by	2447
section 3318.25 of the Revised Code, the higher education	2448
improvement fund created by division (F) of section 154.21 of the	2449
Revised Code, the highway capital improvement bond fund created by	2450
section 5528.53 of the Revised Code, the state parks and natural	2451
resources fund created by section 1557.02 of the Revised Code, the	2452
coal research and development fund created by section 1555.15 of	2453
the Revised Code, the clean Ohio conservation fund created by	2454
section 164.27 of the Revised Code, the clean Ohio revitalization	2455
fund created by section 122.658 of the Revised Code, the job ready	2456
site development fund created by section 122.0820 of the Revised	2457
Code, the third frontier research and development fund created by	2458
section 184.19 of the Revised Code, the third frontier research	2459
and development taxable bond fund created by section 184.191 of	2460
the Revised Code, or other funds created by the bond proceedings	2461
that are not stated by those proceedings to be special funds.	2462

(B) Subject to Section 2l, 2m, 2n, 2o, 2p, or 15, and Section	2463
17, of Article VIII, Ohio Constitution, the state, by the issuing	2464
authority, is authorized to issue and sell, as provided in	2465
sections 151.03 to 151.11 or 151.40 of the Revised Code, and in	2466
respective aggregate principal amounts as from time to time	2467
provided or authorized by the general assembly, general	2468
obligations of this state for the purpose of paying costs of	2469
capital facilities or projects identified by or pursuant to	2470
general assembly action.	2471

(C) Each issue of obligations shall be authorized by	2472
resolution or order of the issuing authority. The bond proceedings	2473
shall provide for or authorize the manner for determining the	2474
principal amount or maximum principal amount of obligations of an	2475
issue, the principal maturity or maturities, the interest rate or	2476
rates, the date of and the dates of payment of interest on the	2477
obligations, their denominations, and the place or places of	2478
payment of debt service which may be within or outside the state.	2479
Unless otherwise provided by law, the latest principal maturity	2480
may not be later than the earlier of the thirty-first day of	2481
December of the twenty-fifth calendar year after the year of	2482
issuance of the particular obligations or of the twenty-fifth	2483
calendar year after the year in which the original obligation to	2484
pay was issued or entered into. Sections 9.96, 9.98, 9.981, 9.982,	2485
and 9.983 of the Revised Code apply to obligations. The purpose of	2486
the obligations may be stated in the bond proceedings in general	2487
terms, such as, as applicable, "financing or assisting in the	2488
financing of projects as provided in Section 2l of Article VIII,	2489
Ohio Constitution," "financing or assisting in the financing of	2490
highway capital improvement projects as provided in Section 2m of	2491
Article VIII, Ohio Constitution," "paying costs of capital	2492
facilities for a system of common schools throughout the state as	2493
authorized by Section 2n of Article VIII, Ohio Constitution,"	2494
"paying costs of capital facilities for state-supported and	2495
state-assisted institutions of higher education as authorized by	2496
Section 2n of Article VIII, Ohio Constitution," "paying costs of	2497
coal research and development as authorized by Section 15 of	2498
Article VIII, Ohio Constitution," "financing or assisting in the	2499
financing of local subdivision capital improvement projects as	2500
authorized by Section 2m of Article VIII, Ohio Constitution,"	2501
"paying costs of conservation projects as authorized by Section 2o	2502
of Article VIII, Ohio Constitution," "paying costs of	2503
revitalization projects as authorized by Section 2o of Article	2504
VIII, Ohio Constitution," "paying costs of preparing sites for	2505
industry, commerce, distribution, or research and development as	2506
authorized by Section 2p of Article VIII, Ohio Constitution," or	2507
"paying costs of research and development as authorized by Section	2508
2p of Article VIII, Ohio Constitution."	2509

(D) The issuing authority may appoint or provide for the	2510
appointment of paying agents, bond registrars, securities	2511
depositories, clearing corporations, and transfer agents, and may	2512
without need for any other approval retain or contract for the	2513
services of underwriters, investment bankers, financial advisers,	2514
accounting experts, marketing, remarketing, indexing, and	2515
administrative agents, other consultants, and independent	2516
contractors, including printing services, as are necessary in the	2517
judgment of the issuing authority to carry out the issuing	2518
authority's functions under this chapter. When the issuing	2519
authority is the Ohio public facilities commission, the issuing	2520
authority also may without need for any other approval retain or	2521
contract for the services of attorneys and other professionals for	2522
that purpose. Financing costs are payable, as may be provided in	2523
the bond proceedings, from the proceeds of the obligations, from	2524
special funds, or from other moneys available for the purpose.	2525

(E) The bond proceedings may contain additional provisions	2526
customary or appropriate to the financing or to the obligations or	2527
to particular obligations including, but not limited to,	2528
provisions for:	2529

(1) The redemption of obligations prior to maturity at the	2530
option of the state or of the holder or upon the occurrence of	2531
certain conditions, and at particular price or prices and under	2532
particular terms and conditions;	2533

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

2534

(3) The establishment, deposit, investment, and application	2535
of special funds, and the safeguarding of moneys on hand or on	2536
deposit, in lieu of the applicability of provisions of Chapter	2537
131. or 135. of the Revised Code, but subject to any special	2538
provisions of sections 151.01 to 151.11 or 151.40 of the Revised	2539
Code with respect to the application of particular funds or	2540
moneys. Any financial institution that acts as a depository of any	2541
moneys in special funds or other funds under the bond proceedings	2542
may furnish indemnifying bonds or pledge securities as required by	2543
the issuing authority.	2544

(4) Any or every provision of the bond proceedings being	2545
binding upon the issuing authority and upon such governmental	2546
agency or entity, officer, board, commission, authority, agency,	2547
department, institution, district, or other person or body as may	2548
from time to time be authorized to take actions as may be	2549
necessary to perform all or any part of the duty required by the	2550
provision;	2551

(5) The maintenance of each pledge or instrument comprising	2552
part of the bond proceedings until the state has fully paid or	2553
provided for the payment of the debt service on the obligations or	2554
met other stated conditions;	2555

(6) In the event of default in any payments required to be	2556
made by the bond proceedings, or by any other agreement of the	2557
issuing authority made as part of a contract under which the	2558
obligations were issued or secured, including a credit enhancement	2559
facility, the enforcement of those payments by mandamus, a suit in	2560
equity, an action at law, or any combination of those remedial	2561
actions;	2562

(7) The rights and remedies of the holders or owners of	2563
obligations or of book-entry interests in them, and of third	2564
parties under any credit enhancement facility, and provisions for	2565
protecting and enforcing those rights and remedies, including	2566
limitations on rights of individual holders or owners;	2567

(8) The replacement of mutilated, destroyed, lost, or stolen	2568
obligations;	2569

(9) The funding, refunding, or advance refunding, or other	2570
provision for payment, of obligations that will then no longer be	2571
outstanding for purposes of this section or of the applicable bond	2572
proceedings;	2573

(10) Amendment of the bond proceedings;

2574

(11) Any other or additional agreements with the owners of	2575
obligations, and such other provisions as the issuing authority	2576
determines, including limitations, conditions, or qualifications,	2577
relating to any of the foregoing.	2578

(F) The great seal of the state or a facsimile of it may be	2579
affixed to or printed on the obligations. The obligations	2580
requiring execution by or for the issuing authority shall be	2581
signed as provided in the bond proceedings. Any obligations may be	2582
signed by the individual who on the date of execution is the	2583
authorized signer although on the date of these obligations that	2584
individual is not an authorized signer. In case the individual	2585
whose signature or facsimile signature appears on any obligation	2586
ceases to be an authorized signer before delivery of the	2587
obligation, that signature or facsimile is nevertheless valid and	2588
sufficient for all purposes as if that individual had remained the	2589
authorized signer until delivery.	2590

(G) Obligations are investment securities under Chapter 1308.	2591
of the Revised Code. Obligations may be issued in bearer or in	2592
registered form, registrable as to principal alone or as to both	2593
principal and interest, or both, or in certificated or	2594
uncertificated form, as the issuing authority determines.	2595
Provision may be made for the exchange, conversion, or transfer of	2596
obligations and for reasonable charges for registration, exchange,	2597
conversion, and transfer. Pending preparation of final	2598
obligations, the issuing authority may provide for the issuance of	2599
interim instruments to be exchanged for the final obligations.	2600

(H) Obligations may be sold at public sale or at private	2601
sale, in such manner, and at such price at, above or below par,	2602
all as determined by and provided by the issuing authority in the	2603
bond proceedings.	2604

(I) Except to the extent that rights are restricted by the	2605
bond proceedings, any owner of obligations or provider of a credit	2606
enhancement facility may by any suitable form of legal proceedings	2607
protect and enforce any rights relating to obligations or that	2608
facility under the laws of this state or granted by the bond	2609
proceedings. Those rights include the right to compel the	2610
performance of all applicable duties of the issuing authority and	2611
the state. Each duty of the issuing authority and that authority's	2612
officers, staff, and employees, and of each state entity or	2613
agency, or using district or using institution, and its officers,	2614
members, staff, or employees, undertaken pursuant to the bond	2615
proceedings, is hereby established as a duty of the entity or	2616
individual having authority to perform that duty, specifically	2617
enjoined by law and resulting from an office, trust, or station	2618
within the meaning of section 2731.01 of the Revised Code. The	2619
individuals who are from time to time the issuing authority,	2620
members or officers of the issuing authority, or those members'	2621
designees acting pursuant to section 151.02 of the Revised Code,	2622
or the issuing authority's officers, staff, or employees, are not	2623
liable in their personal capacities on any obligations or	2624
otherwise under the bond proceedings.	2625

(J)(1) Subject to Section 2k, 2l, 2m, 2n, 2o, 2p, or 15, and	2626
Section 17, of Article VIII, Ohio Constitution and sections 151.01	2627
to 151.11 or 151.40 of the Revised Code, the issuing authority	2628
may, in addition to the authority referred to in division (B) of	2629
this section, authorize and provide for the issuance of:	2630

(a) Obligations in the form of bond anticipation notes, and	2631
may provide for the renewal of those notes from time to time by	2632
the issuance of new notes. The holders of notes or appertaining	2633
interest coupons have the right to have debt service on those	2634
notes paid solely from the moneys and special funds that are or	2635
may be pledged to that payment, including the proceeds of bonds or	2636
renewal notes or both, as the issuing authority provides in the	2637
bond proceedings authorizing the notes. Notes may be additionally	2638
secured by covenants of the issuing authority to the effect that	2639
the issuing authority and the state will do all things necessary	2640
for the issuance of bonds or renewal notes in such principal	2641
amount and upon such terms as may be necessary to provide moneys	2642
to pay when due the debt service on the notes, and apply their	2643
proceeds to the extent necessary, to make full and timely payment	2644
of debt service on the notes as provided in the applicable bond	2645
proceedings. In the bond proceedings authorizing the issuance of	2646
bond anticipation notes the issuing authority shall set forth for	2647
the bonds anticipated an estimated schedule of annual principal	2648
payments the latest of which shall be no later than provided in	2649
division (C) of this section. While the notes are outstanding	2650
there shall be deposited, as shall be provided in the bond	2651
proceedings for those notes, from the sources authorized for	2652
payment of debt service on the bonds, amounts sufficient to pay	2653
the principal of the bonds anticipated as set forth in that	2654
estimated schedule during the time the notes are outstanding,	2655
which amounts shall be used solely to pay the principal of those	2656
notes or of the bonds anticipated.	2657

(b) Obligations for the refunding, including funding and	2658
retirement, and advance refunding with or without payment or	2659
redemption prior to maturity, of any obligations previously	2660
issued. Refunding obligations may be issued in amounts sufficient	2661
to pay or to provide for repayment of the principal amount,	2662
including principal amounts maturing prior to the redemption of	2663
the remaining prior obligations, any redemption premium, and	2664
interest accrued or to accrue to the maturity or redemption date	2665
or dates, payable on the prior obligations, and related financing	2666
costs and any expenses incurred or to be incurred in connection	2667
with that issuance and refunding. Subject to the applicable bond	2668
proceedings, the portion of the proceeds of the sale of refunding	2669
obligations issued under division (J)(1)(b) of this section to be	2670
applied to debt service on the prior obligations shall be credited	2671
to an appropriate separate account in the bond service fund and	2672
held in trust for the purpose by the issuing authority or by a	2673
corporate trustee. Obligations authorized under this division	2674
shall be considered to be issued for those purposes for which the	2675
prior obligations were issued.	2676

(2) Except as otherwise provided in sections 151.01 to 151.11	2677
or 151.40 of the Revised Code, bonds or notes authorized pursuant	2678
to division (J) of this section are subject to the provisions of	2679
those sections pertaining to obligations generally.	2680

(3) The principal amount of refunding or renewal obligations	2681
issued pursuant to division (J) of this section shall be in	2682
addition to the amount authorized by the general assembly as	2683
referred to in division (B) of the following sections: section	2684
151.03, 151.04, 151.05, 151.06, 151.07, 151.08, 151.09, 151.10,	2685
151.11, or 151.40 of the Revised Code.	2686

(K) Obligations are lawful investments for banks, savings and	2687
loan associations, credit union share guaranty corporations, trust	2688
companies, trustees, fiduciaries, insurance companies, including	2689
domestic for life and domestic not for life, trustees or other	2690
officers having charge of sinking and bond retirement or other	2691
special funds of the state and political subdivisions and taxing	2692
districts of this state, the sinking fund, the administrator of	2693
workers' compensation subject to the approval of the workers'	2694
compensation board, the state teachers retirement system, the	2695
public employees retirement system, the school employees	2696
retirement system, and the Ohio police and fire pension fund,	2697
notwithstanding any other provisions of the Revised Code or rules	2698
adopted pursuant to those provisions by any state agency with	2699
respect to investments by them, and are also acceptable as	2700
security for the repayment of the deposit of public moneys. The	2701
exemptions from taxation in Ohio as provided for in particular	2702
sections of the Ohio Constitution and section 5709.76 of the	2703
Revised Code apply to the obligations.	2704

(L)(1) Unless otherwise provided or provided for in any	2705
applicable bond proceedings, moneys to the credit of or in a	2706
special fund shall be disbursed on the order of the issuing	2707
authority. No such order is required for the payment, from the	2708
bond service fund or other special fund, when due of debt service	2709
or required payments under credit enhancement facilities.	2710

(2) Payments received by the state under interest rate hedges	2711
entered into as credit enhancement facilities under this chapter	2712
shall be deposited to the credit of the bond service fund for the	2713
obligations to which those credit enhancement facilities relate.	2714

(M) The full faith and credit, revenue, and taxing power of	2715
the state are and shall be pledged to the timely payment of debt	2716
service on outstanding obligations as it comes due, all in	2717
accordance with Section 2k, 2l, 2m, 2n, 2o, 2p, or 15 of Article	2718
VIII, Ohio Constitution, and section 151.03, 151.04, 151.05,	2719
151.06, 151.07, 151.08, 151.09, 151.10, or 151.11 of the Revised	2720
Code. Moneys referred to in Section 5a of Article XII, Ohio	2721
Constitution, may not be pledged or used for the payment of debt	2722
service except on obligations referred to in section 151.06 of the	2723
Revised Code. Net state lottery proceeds, as provided for and	2724
referred to in section 3770.06 of the Revised Code, may not be	2725
pledged or used for the payment of debt service except on	2726
obligations referred to in section 151.03 of the Revised Code. The	2727
state covenants, and that covenant shall be controlling	2728
notwithstanding any other provision of law, that the state and the	2729
applicable officers and agencies of the state, including the	2730
general assembly, shall, so long as any obligations are	2731
outstanding in accordance with their terms, maintain statutory	2732
authority for and cause to be levied, collected and applied	2733
sufficient pledged excises, taxes, and revenues of the state so	2734
that the revenues shall be sufficient in amounts to pay debt	2735
service when due, to establish and maintain any reserves and other	2736
requirements, and to pay financing costs, including costs of or	2737
relating to credit enhancement facilities, all as provided for in	2738
the bond proceedings. Those excises, taxes, and revenues are and	2739
shall be deemed to be levied and collected, in addition to the	2740
purposes otherwise provided for by law, to provide for the payment	2741
of debt service and financing costs in accordance with sections	2742
151.01 to 151.11 of the Revised Code and the bond proceedings.	2743

(N) The general assembly may from time to time repeal or	2744
reduce any excise, tax, or other source of revenue pledged to the	2745
payment of the debt service pursuant to Section 2k, 2l, 2m, 2n,	2746
2o, 2p, or 15 of Article VIII, Ohio Constitution, and sections	2747
151.01 to 151.11 or 151.40 of the Revised Code, and may levy,	2748
collect and apply any new or increased excise, tax, or revenue to	2749
meet the pledge, to the payment of debt service on outstanding	2750
obligations, of the state's full faith and credit, revenue and	2751
taxing power, or of designated revenues and receipts, except fees,	2752
excises or taxes referred to in Section 5a of Article XII, Ohio	2753
Constitution, for other than obligations referred to in section	2754
151.06 of the Revised Code and except net state lottery proceeds	2755
for other than obligations referred to in section 151.03 of the	2756
Revised Code. Nothing in division (N) of this section authorizes	2757
any impairment of the obligation of this state to levy and collect	2758
sufficient excises, taxes, and revenues to pay debt service on	2759
obligations outstanding in accordance with their terms.	2760

(O) Each bond service fund is a trust fund and is hereby	2761
pledged to the payment of debt service on the applicable	2762
obligations. Payment of that debt service shall be made or	2763
provided for by the issuing authority in accordance with the bond	2764
proceedings without necessity for any act of appropriation. The	2765
bond proceedings may provide for the establishment of separate	2766
accounts in the bond service fund and for the application of those	2767
accounts only to debt service on specific obligations, and for	2768
other accounts in the bond service fund within the general	2769
purposes of that fund.	2770

(P) Subject to the bond proceedings pertaining to any	2771
obligations then outstanding in accordance with their terms, the	2772
issuing authority may in the bond proceedings pledge all, or such	2773
portion as the issuing authority determines, of the moneys in the	2774
bond service fund to the payment of debt service on particular	2775
obligations, and for the establishment and maintenance of any	2776
reserves for payment of particular debt service.	2777

(Q) The issuing authority shall by the fifteenth day of July	2778
of each fiscal year, certify or cause to be certified to the	2779
office of budget and management the total amount of moneys	2780
required during the current fiscal year to meet in full all debt	2781
service on the respective obligations and any related financing	2782
costs payable from the applicable bond service fund and not from	2783
the proceeds of refunding or renewal obligations. The issuing	2784
authority shall make or cause to be made supplemental	2785
certifications to the office of budget and management for each	2786
debt service payment date and at such other times during each	2787
fiscal year as may be provided in the bond proceedings or	2788
requested by that office. Debt service, costs of credit	2789
enhancement facilities, and other financing costs shall be set	2790
forth separately in each certification. If and so long as the	2791
moneys to the credit of the bond service fund, together with any	2792
other moneys available for the purpose, are insufficient to meet	2793
in full all payments when due of the amount required as stated in	2794
the certificate or otherwise, the office of budget and management	2795
shall at the times as provided in the bond proceedings, and	2796
consistent with any particular provisions in sections 151.03 to	2797
151.11 and 151.40 of the Revised Code, transfer a sufficient	2798
amount to the bond service fund from the pledged revenues in the	2799
case of obligations issued pursuant to section 151.40 of the	2800
Revised Code, and in the case of other obligations from the	2801
revenues derived from excises, taxes, and other revenues,	2802
including net state lottery proceeds in the case of obligations	2803
referred to in section 151.03 of the Revised Code.	2804

(R) Unless otherwise provided in any applicable bond	2805
proceedings, moneys to the credit of special funds may be invested	2806
by or on behalf of the state only in one or more of the following:	2807

(1) Notes, bonds, or other direct obligations of the United	2808
States or of any agency or instrumentality of the United States,	2809
or in no-front-end-load money market mutual funds consisting	2810
exclusively of those obligations, or in repurchase agreements,	2811
including those issued by any fiduciary, secured by those	2812
obligations, or in collective investment funds consisting	2813
exclusively of those obligations;	2814

(2) Obligations of this state or any political subdivision of	2815
this state;	2816

(3) Certificates of deposit of any national bank located in	2817
this state and any bank, as defined in section 1101.01 of the	2818
Revised Code, subject to inspection by the superintendent of	2819
financial institutions;	2820

(4) The treasurer of state's pooled investment program under	2821
section 135.45 of the Revised Code.	2822

The income from investments referred to in division (R) of	2823
this section shall, unless otherwise provided in sections 151.01	2824
to 151.11 or 151.40 of the Revised Code, be credited to special	2825
funds or otherwise as the issuing authority determines in the bond	2826
proceedings. Those investments may be sold or exchanged at times	2827
as the issuing authority determines, provides for, or authorizes.	2828

(S) The treasurer of state shall have responsibility for	2829
keeping records, making reports, and making payments, relating to	2830
any arbitrage rebate requirements under the applicable bond	2831
proceedings.	2832

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

2833

(1) "Costs of conservation projects" includes related direct	2834
administrative expenses and allocable portions of the direct costs	2835
of those projects of the department of agriculture, the department	2836
of natural resources, or the Ohio public works commission.	2837

(2) "Obligations" means obligations as defined in section	2838
151.01 of the Revised Code issued to pay costs of projects for	2839
conservation purposes as referred to in division (A)(1) of Section	2840
2o of Article VIII, Ohio Constitution.	2841

(B)(1) The issuing authority shall issue general obligations	2842
of the state to pay costs of conservation projects pursuant to	2843
division (B)(1) of Section 2o of Article VIII, Ohio Constitution,	2844
section 151.01 of the Revised Code, and this section. The issuing	2845
authority, upon the certification to it by the Ohio public works	2846
commission of amounts needed in and for the purposes of the clean	2847
Ohio conservation fund created by section 164.27 of the Revised	2848
Code, the clean Ohio agricultural easement fund created by section	2849
901.21 of the Revised Code, and the clean Ohio trail fund created	2850
by section 1519.05 of the Revised Code, shall issue obligations in	2851
the amount determined by the issuing authority to be required for	2852
those purposes. The totalNot more than two hundred million	2853
dollars principal amount of obligations issued under this section	2854
shall not exceed two hundred million dollarsfor conservation	2855
purposes may be outstanding at any one time. Not more than fifty	2856
million dollars principal amount of obligations, plus the	2857
principal amount of obligations that in any prior fiscal year	2858
could have been, but were not issued within the	2859
fifty-million-dollar fiscal year limit, may be issued in any	2860
fiscal year.	2861

(2) In making the certification required under division	2862
(B)(1) of this section, the Ohio public works commission shall	2863
consult with the department of agriculture and the department of	2864
natural resources. The commission shall certify amounts that	2865
correspond to the distribution of the net proceeds of obligations	2866
provided in division (C) of this section.	2867

(C) Net proceeds of obligations shall be deposited as	2868
follows:	2869

(1) Seventy-five per cent into the clean Ohio conservation	2870
fund created by section 164.27 of the Revised Code;	2871

(2) Twelve and one-half per cent into the clean Ohio	2872
agricultural easement fund created by section 901.21 of the	2873
Revised Code;	2874

(3) Twelve and one-half per cent into the clean Ohio trail	2875
fund created by section 1519.05 of the Revised Code.	2876

(D) There is hereby created in the state treasury the	2877
conservation projects bond service fund. All moneys received by	2878
the state and required by the bond proceedings, consistent with	2879
section 151.01 of the Revised Code and this section, to be	2880
deposited, transferred, or credited to the bond service fund, and	2881
all other moneys transferred or allocated to or received for the	2882
purposes of that fund, shall be deposited and credited to the bond	2883
service fund, subject to any applicable provisions of the bond	2884
proceedings, but without necessity for any act of appropriation.	2885
During the period beginning with the date of the first issuance of	2886
obligations and continuing during the time that any obligations	2887
are outstanding in accordance with their terms, so long as moneys	2888
in the bond service fund are insufficient to pay debt service when	2889
due on those obligations payable from that fund, except the	2890
principal amounts of bond anticipation notes payable from the	2891
proceeds of renewal notes or bonds anticipated, and due in the	2892
particular fiscal year, a sufficient amount of revenues of the	2893
state is committed and, without necessity for further act of	2894
appropriation, shall be paid to the bond service fund for the	2895
purpose of paying that debt service when due.	2896

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

2897

(1) "Costs of research and development projects" includes	2898
related direct administrative expenses and allocable portions of	2899
the direct costs of those projects, costs of capital facilities,	2900
and working capital, all for the following:	2901

(a) Attracting researchers and research teams by endowing	2902
research chairs or otherwise;	2903

(b) Activities to develop and commercialize products and	2904
processes;	2905

(c) Intellectual property matters such as copyrights and	2906
patents;	2907

(d) Property interests including timesharing arrangements,	2908
capital formation, direct operating costs, and costs of research	2909
and facilities including interests in real property therefore; and	2910

(e) Support for public and private institutions of higher	2911
education, research organizations or institutions, and private	2912
sector entities.	2913

(2) "Obligations" means obligations as defined in section	2914
151.01 of the Revised Code issued to pay costs of projects for	2915
research and development purposes as referred to in division	2916
(A)(2) of Section 2p of Article VIII, Ohio Constitution.	2917

(3) "Project" means any research and development project, as	2918
defined in section 184.10 of the Revised Code, or facility,	2919
including undivided or other interests, acquired or to be	2920
acquired, constructed or to be constructed, or operating or to be	2921
operated by a person doing business in this state or by an	2922
educational or scientific institution located in this state with	2923
all or part of the cost of the project being paid from a grant or	2924
loan from the third frontier research and development fund or the	2925
third frontier research and development taxable bond fund or a	2926
loan guaranteed under Chapter 184. of the Revised Code, including	2927
all buildings and facilities determined necessary for the	2928
operation of the project, together with all property, rights,	2929
easements, and interests that may be required for the operation of	2930
the project.	2931

(B) The issuing authority shall issue general obligations of	2932
the state to pay costs of research and development projects	2933
pursuant to division (B)(2) of Section 2p of Article VIII, Ohio	2934
Constitution, section 151.01 of the Revised Code, and this	2935
section. The issuing authority shall issue obligations in the	2936
amount determined by the issuing authority to be required for	2937
those purposes. The total principal amount of obligations issued	2938
under this section shall not exceed five hundred million dollars.	2939

(C) Net proceeds of obligations shall be deposited into the	2940
third frontier research and development fund created by section	2941
184.19 of the Revised Code or into the third frontier research and	2942
development taxable bond fund created by section 184.191 of the	2943
Revised Code if the obligations are federally taxable.	2944

(D) There is hereby created in the state treasury the third	2945
frontier research and development projects bond service fund. All	2946
moneys received by the state and required by the bond proceedings,	2947
consistent with section 151.01 of the Revised Code and this	2948
section, to be deposited, transferred, or credited to the bond	2949
service fund, and all other moneys transferred or allocated to or	2950
received for the purposes of that fund, shall be deposited and	2951
credited to the bond service fund, subject to any applicable	2952
provisions of the bond proceedings, but without necessity for any	2953
act of appropriation. During the period beginning with the date of	2954
the first issuance of obligations and continuing during the time	2955
that any obligations are outstanding in accordance with their	2956
terms, so long as moneys in the bond service fund are insufficient	2957
to pay debt service when due on those obligations payable from	2958
that fund, except the principal amounts of bond anticipation notes	2959
payable from the proceeds of renewal notes or bonds anticipated,	2960
and due in the particular fiscal year, a sufficient amount of	2961
revenues of the state is committed and, without necessity for	2962
further act of appropriation, shall be paid to the bond service	2963
fund for the purpose of paying that debt service when due.	2964

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

2965

(1) "Bond proceedings" includes any trust agreements, and any	2966
amendments or supplements to them, as authorized by this section.	2967

(2) "Costs of revitalization projects" includes related	2968
direct administrative expenses and allocable portions of the	2969
direct costs of those projects of the department of development or	2970
the environmental protection agency.	2971

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

2972

(4) "Obligations" means obligations as defined in section	2973
151.01 of the Revised Code issued to pay the costs of projects for	2974
revitalization purposes as referred to in division (A)(2) of	2975
Section 2o of Article VIII, Ohio Constitution.	2976

(5) "Pledged liquor profits" means all receipts of the state	2977
representing the gross profit on the sale of spirituous liquor, as	2978
referred to in division (B)(4) of section 4301.10 of the Revised	2979
Code, after paying all costs and expenses of the division of	2980
liquor control and providing an adequate working capital reserve	2981
for the division of liquor control as provided in that division,	2982
but excluding the sum required by the second paragraph of section	2983
4301.12 of the Revised Code, as it was in effect on May 2, 1980,	2984
to be paid into the state treasury.	2985

(6) "Pledged receipts" means, as and to the extent provided	2986
in bond proceedings:	2987

(a) Pledged liquor profits. The pledge of pledged liquor	2988
profits to obligations is subject to the priority of the pledge of	2989
those profits to obligations issued and to be issued pursuant to	2990
Chapter 166. of the Revised Code.	2991

(b) Moneys accruing to the state from the lease, sale, or	2992
other disposition or use of revitalization projects or from the	2993
repayment, including any interest, of loans or advances made from	2994
net proceeds;	2995

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

2996

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

2997

(e) Any gifts, grants, donations, or pledges, and receipts	2998
therefrom, available for the payment of debt service;	2999

(f) Additional or any other specific revenues or receipts	3000
lawfully available to be pledged, and pledged, pursuant to further	3001
authorization by the general assembly, to the payment of debt	3002
service.	3003

(B)(1) The issuing authority shall issue obligations of the	3004
state to pay costs of revitalization projects pursuant to division	3005
(B)(2) of Section 2o of Article VIII, Ohio Constitution, section	3006
151.01 of the Revised Code as applicable to this section, and this	3007
section. The issuing authority, upon the certification to it by	3008
the clean Ohio council of the amount of moneys needed in and for	3009
the purposes of the clean Ohio revitalization fund created by	3010
section 122.658 of the Revised Code, shall issue obligations in	3011
the amount determined by the issuing authority to be required for	3012
those purposes. The totalNot more than two hundred million	3013
dollars principal amount of obligations issued under this section	3014
shall not exceed two hundred million dollarsfor revitalization	3015
purposes may be outstanding at any one time. Not more than fifty	3016
million dollars principal amount of obligations, plus the	3017
principal amount of obligations that in any prior fiscal year	3018
could have been, but were not issued within the	3019
fifty-million-dollar fiscal year limit, may be issued in any	3020
fiscal year. The	3021

(2) The provisions and authorizations in section 151.01 of	3022
the Revised Code apply to the obligations and the bond proceedings	3023
except as otherwise provided or provided for in those obligations	3024
and bond proceedings.	3025

(C) Net proceeds of obligations shall be deposited in the	3026
clean Ohio revitalization fund created in section 122.658 of the	3027
Revised Code.	3028

(D) There is hereby created the revitalization projects bond	3029
service fund, which shall be in the custody of the treasurer of	3030
state, but shall be separate and apart from and not a part of the	3031
state treasury. All money received by the state and required by	3032
the bond proceedings, consistent with section 151.01 of the	3033
Revised Code and this section, to be deposited, transferred, or	3034
credited to the bond service fund, and all other money transferred	3035
or allocated to or received for the purposes of that fund, shall	3036
be deposited and credited to the bond service fund, subject to any	3037
applicable provisions of the bond proceedings, but without	3038
necessity for any act of appropriation. During the period	3039
beginning with the date of the first issuance of obligations and	3040
continuing during the time that any obligations are outstanding in	3041
accordance with their terms, so long as moneys in the bond service	3042
fund are insufficient to pay debt service when due on those	3043
obligations payable from that fund, except the principal amounts	3044
of bond anticipation notes payable from the proceeds of renewal	3045
notes or bonds anticipated, and due in the particular fiscal year,	3046
a sufficient amount of pledged receipts is committed and, without	3047
necessity for further act of appropriation, shall be paid to the	3048
bond service fund for the purpose of paying that debt service when	3049
due.	3050

(E) The issuing authority may pledge all, or such portion as	3051
the issuing authority determines, of the pledged receipts to the	3052
payment of the debt service charges on obligations issued under	3053
this section, and for the establishment and maintenance of any	3054
reserves, as provided in the bond proceedings, and make other	3055
provisions in the bond proceedings with respect to pledged	3056
receipts as authorized by this section, which provisions are	3057
controlling notwithstanding any other provisions of law pertaining	3058
to them.	3059

(F) The issuing authority may covenant in the bond	3060
proceedings, and such covenants shall be controlling	3061
notwithstanding any other provision of law, that the state and	3062
applicable officers and state agencies, including the general	3063
assembly, so long as any obligations issued under this section are	3064
outstanding, shall maintain statutory authority for and cause to	3065
be charged and collected wholesale or retail prices for spirituous	3066
liquor sold by the state or its agents so that the available	3067
pledged receipts are sufficient in time and amount to meet debt	3068
service payable from pledged liquor profits and for the	3069
establishment and maintenance of any reserves and other	3070
requirements provided for in the bond proceedings.	3071

(G) Obligations may be further secured, as determined by the	3072
issuing authority, by a trust agreement between the state and a	3073
corporate trustee, which may be any trust company or bank having	3074
its principal place of business within the state. Any trust	3075
agreement may contain the resolution or order authorizing the	3076
issuance of the obligations, any provisions that may be contained	3077
in any bond proceedings, and other provisions that are customary	3078
or appropriate in an agreement of that type, including, but not	3079
limited to:	3080

(1) Maintenance of each pledge, trust agreement, or other	3081
instrument comprising part of the bond proceedings until the state	3082
has fully paid or provided for the payment of debt service on the	3083
obligations secured by it;	3084

(2) In the event of default in any payments required to be	3085
made by the bond proceedings, enforcement of those payments or	3086
agreements by mandamus, the appointment of a receiver, suit in	3087
equity, action at law, or any combination of them;	3088

(3) The rights and remedies of the holders or owners of	3089
obligations and of the trustee and provisions for protecting and	3090
enforcing them, including limitations on rights of individual	3091
holders and owners.	3092

(H) The obligations shall not be general obligations of the	3093
state and the full faith and credit, revenue, and taxing power of	3094
the state shall not be pledged to the payment of debt service on	3095
them. The holders or owners of the obligations shall have no right	3096
to have any moneys obligated or pledged for the payment of debt	3097
service except as provided in this section and in the applicable	3098
bond proceedings. The rights of the holders and owners to payment	3099
of debt service are limited to all or that portion of the pledged	3100
receipts, and those special funds, pledged to the payment of debt	3101
service pursuant to the bond proceedings in accordance with this	3102
section, and each obligation shall bear on its face a statement to	3103
that effect.	3104

Sec. 152.09.  (A) As used in sections 152.06 and 152.09 to	3105
152.33 of the Revised Code:	3106

(1) "Obligations" means bonds, notes, or other evidences of	3107
obligation, including interest coupons pertaining thereto, issued	3108
pursuant to sections 152.09 to 152.33 of the Revised Code.	3109

(2) "State agencies" means the state of Ohio and branches,	3110
officers, boards, commissions, authorities, departments,	3111
divisions, courts, general assembly, or other units or agencies of	3112
the state. "State agency" also includes counties, municipal	3113
corporations, and governmental entities of this state that enter	3114
into leases with the Ohio building authority pursuant to section	3115
152.31 of the Revised Code or that are designated by law as state	3116
agencies for the purpose of performing a state function that is to	3117
be housed by a capital facility for which the Ohio building	3118
authority is authorized to issue revenue obligations pursuant to	3119
sections 152.09 to 152.33 of the Revised Code.	3120

(3) "Bond service charges" means principal, including	3121
mandatory sinking fund requirements for retirement of obligations,	3122
and interest, and redemption premium, if any, required to be paid	3123
by the Ohio building authority on obligations.	3124

(4) "Capital facilities" means buildings, structures, and	3125
other improvements, and equipment, real estate, and interests in	3126
real estate therefor, within the state, and any one, part of, or	3127
combination of the foregoing, for housing of branches and agencies	3128
of state government, including capital facilities for the purpose	3129
of housing personnel, equipment, or functions, or any combination	3130
thereof that the state agencies are responsible for housing, for	3131
which the Ohio building authority is authorized to issue	3132
obligations pursuant to Chapter 152. of the Revised Code, and	3133
includes storage and parking facilities related to such capital	3134
facilities. "Capital facilities" does not include capital	3135
facilities for institutions of higher education.	3136

(5) "Cost of capital facilities" means the costs of	3137
assessing, planning, acquiring, constructing, reconstructing,	3138
rehabilitating, remodeling, renovating, enlarging, improving,	3139
altering, maintaining, equipping, furnishing, repairing, painting,	3140
decorating, managing, or operating capital facilities, and the	3141
financing thereof, including the cost of clearance and preparation	3142
of the site and of any land to be used in connection with capital	3143
facilities, the cost of participating in capital facilities	3144
pursuant to section 152.33 of the Revised Code, the cost of any	3145
indemnity and surety bonds and premiums on insurance, all related	3146
direct administrative expenses and allocable portions of direct	3147
costs of the authority and lessee state agencies, cost of	3148
engineering and architectural services, designs, plans,	3149
specifications, surveys, and estimates of cost, legal fees, fees	3150
and expenses of trustees, depositories, and paying agents for the	3151
obligations, cost of issuance of the obligations and financing	3152
charges and fees and expenses of financial advisers and	3153
consultants in connection therewith, interest on obligations from	3154
the date thereof to the time when interest is to be covered from	3155
sources other than proceeds of obligations, amounts that represent	3156
the portion of investment earnings to be rebated or to be paid to	3157
the federal government in order to maintain the exclusion from	3158
gross income for federal income tax purposes of interest on those	3159
obligations pursuant to section 148(f) of the Internal Revenue	3160
Code, amounts necessary to establish reserves as required by the	3161
resolutions or the obligations, trust agreements, or indentures,	3162
costs of audits, the reimbursement of all moneys advanced or	3163
applied by or borrowed from any governmental entity, whether to or	3164
by the authority or others, from whatever source provided, for the	3165
payment of any item or items of cost of the capital facilities,	3166
any share of the cost undertaken by the authority pursuant to	3167
arrangements made with governmental entities under division (J) of	3168
section 152.21 of the Revised Code, and all other expenses	3169
necessary or incident to assessing, planning, or determining the	3170
feasibility or practicability with respect to capital facilities,	3171
and such other expenses as may be necessary or incident to the	3172
assessment, planning, acquisition, construction, reconstruction,	3173
rehabilitation, remodeling, renovation, enlargement, improvement,	3174
alteration, maintenance, equipment, furnishing, repair, painting,	3175
decoration, management, or operation of capital facilities, the	3176
financing thereof and the placing of the same in use and	3177
operation, including any one, part of, or combination of such	3178
classes of costs and expenses.	3179

(6) "Governmental entity" means any state agency, municipal	3180
corporation, county, township, school district, and any other	3181
political subdivision or special district in this state	3182
established pursuant to law, and, except where otherwise	3183
indicated, also means the United States or any of the states or	3184
any department, division, or agency thereof, and any agency,	3185
commission, or authority established pursuant to an interstate	3186
compact or agreement.	3187

(7) "Governing body" means:

3188

(a) In the case of a county, the board of county	3189
commissioners or other legislative authority; in the case of a	3190
municipal corporation, the legislative authority; in the case of a	3191
township, the board of township trustees; in the case of a school	3192
district, the board of education;	3193

(b) In the case of any other governmental entity, the	3194
officer, board, commission, authority, or other body having the	3195
general management of the entity or having jurisdiction or	3196
authority in the particular circumstances.	3197

(8) "Available receipts" means fees, charges, revenues,	3198
grants, subsidies, income from the investment of moneys, proceeds	3199
from the sale of goods or services, and all other revenues or	3200
receipts received by or on behalf of any state agency for which	3201
capital facilities are financed with obligations issued under	3202
Chapter 152. of the Revised Code, any state agency participating	3203
in capital facilities pursuant to section 152.33 of the Revised	3204
Code, or any state agency by which the capital facilities are	3205
constructed or financed; revenues or receipts derived by the	3206
authority from the operation, leasing, or other disposition of	3207
capital facilities, and the proceeds of obligations issued under	3208
Chapter 152. of the Revised Code; and also any moneys appropriated	3209
by a governmental entity, gifts, grants, donations, and pledges,	3210
and receipts therefrom, available for the payment of bond service	3211
charges on such obligations.	3212

(B) Pursuant to the powers granted to the general assembly	3213
under Section 2i of Article VIII, Ohio Constitution, to authorize	3214
the issuance of revenue obligations and other obligations, the	3215
owners or holders of which are not given the right to have excises	3216
or taxes levied by the general assembly for the payment of	3217
principal thereof or interest thereon, the Ohio building authority	3218
may issue obligations, in accordance with Chapter 152. of the	3219
Revised Code, and shall cause the net proceeds thereof, after any	3220
deposits of accrued interest for the payment of bond service	3221
charges and after any deposit of all or such lesser portion as the	3222
authority may direct of the premium received upon the sale of	3223
those obligations for the payment of the bond service charges, to	3224
be applied to the costs of capital facilities designated by or	3225
pursuant to act of the general assembly for housing state agencies	3226
as authorized by Chapter 152. of the Revised Code. The authority	3227
shall provide by resolution for the issuance of such obligations.	3228
The bond service charges and all other payments required to be	3229
made by the trust agreement or indenture securing such obligations	3230
shall be payable solely from available receipts of the authority	3231
pledged thereto as provided in such resolution. The available	3232
receipts pledged and thereafter received by the authority are	3233
immediately subject to the lien of such pledge without any	3234
physical delivery thereof or further act, and the lien of any such	3235
pledge is valid and binding against all parties having claims of	3236
any kind against the authority, irrespective of whether those	3237
parties have notice thereof, and creates a perfected security	3238
interest for all purposes of Chapter 1309. of the Revised Code and	3239
a perfected lien for purposes of any real property interest, all	3240
without the necessity for separation or delivery of funds or for	3241
the filing or recording of the resolution, trust agreement,	3242
indenture, or other agreement by which such pledge is created or	3243
any certificate, statement, or other document with respect	3244
thereto; and the pledge of such available receipts is effective	3245
and the money therefrom and thereof may be applied to the purposes	3246
for which pledged. Every pledge, and every covenant and agreement	3247
made with respect to the pledge, made in the resolution may	3248
therein be extended to the benefit of the owners and holders of	3249
obligations authorized by Chapter 152. of the Revised Code, and to	3250
any trustee therefor, for the further securing of the payment of	3251
the bond service charges, and all or any rights under any	3252
agreement or lease made under this section may be assigned for	3253
such purpose. Obligations may be issued at one time or from time	3254
to time, and each issue shall be dated, shall mature at such time	3255
or times as determined by the authority not exceeding forty years	3256
from the date of issue, and may be redeemable before maturity at	3257
the option of the authority at such price or prices and under such	3258
terms and conditions as are fixed by the authority prior to the	3259
issuance of the obligations. The authority shall determine the	3260
form of the obligations, fix their denominations, establish their	3261
interest rate or rates, which may be a variable rate or rates, or	3262
the maximum interest rate, and establish within or without this	3263
state a place or places of payment of bond service charges.	3264

(C) The obligations shall be signed by the authority	3265
chairperson, vice-chairperson, and secretary-treasurer, and the	3266
authority seal shall be affixed. The signatures may be facsimile	3267
signatures and the seal affixed may be a facsimile seal, as	3268
provided by resolution of the authority. Any coupons attached may	3269
bear the facsimile signature of the chairperson. In case any	3270
officer who has signed any obligations, or caused the officer's	3271
facsimile signature to be affixed thereto, ceases to be such	3272
officer before such obligations have been delivered, such	3273
obligations may, nevertheless, be issued and delivered as though	3274
the person who had signed the obligations or caused the person's	3275
facsimile signature to be affixed thereto had not ceased to be	3276
such officer.	3277

Any obligations may be executed on behalf of the authority by	3278
an officer who, on the date of execution, is the proper officer	3279
although on the date of such obligations such person was not the	3280
proper officer.	3281

(D) All obligations issued by the authority shall have all	3282
the qualities and incidents of negotiable instruments and may be	3283
issued in coupon or in registered form, or both, as the authority	3284
determines. Provision may be made for the registration of any	3285
obligations with coupons attached thereto as to principal alone or	3286
as to both principal and interest, their exchange for obligations	3287
so registered, and for the conversion or reconversion into	3288
obligations with coupons attached thereto of any obligations	3289
registered as to both principal and interest, and for reasonable	3290
charges for such registration, exchange, conversion, and	3291
reconversion. The authority may sell its obligations in any manner	3292
and for such prices as it determines, except that the authority	3293
shall sell obligations sold at public or private sale in	3294
accordance with section 152.091 of the Revised Code.	3295

(E) The obligations of the authority, principal, interest,	3296
and any proceeds from their sale or transfer, are exempt from all	3297
taxation within this state.	3298

(F) The authority is authorized to issue revenue obligations	3299
and other obligations under Section 2i of Article VIII, Ohio	3300
Constitution, for the purpose of paying the cost of capital	3301
facilities for housing of branches and agencies of state	3302
government, including capital facilities for the purpose of	3303
housing personnel, equipment, or functions, or any combination	3304
thereof that the state agencies are responsible for housing, as	3305
are authorized by Chapter 152. of the Revised Code, and that are	3306
authorized by the general assembly by the appropriation of lease	3307
payments or other moneys for such capital facilities or by any	3308
other act of the general assembly, but not including the	3309
appropriation of moneys for feasibility studies for such capital	3310
facilities. This division does not authorize the authority to	3311
issue obligations pursuant to Section 2i of Article VIII, Ohio	3312
Constitution, to pay the cost of capital facilities for mental	3313
hygiene and retardation, parks and recreation, or state-supported	3314
or state-assisted institutions of higher education.	3315

Sec. 152.18.  Whenever the Ohio building authority	3316
constructs, reconstructs, rehabilitates, remodels, renovates,	3317
enlarges, improves, alters, maintains, equips, furnishes, repairs,	3318
paints, or decorates capital facilities pursuant to section	3319
152.19, 152.21, or 152.31 of the Revised Code or buildings,	3320
facilities, and other properties for use and occupancy of persons	3321
pursuant to section 152.04 of the Revised Code, the authority	3322
shall make the necessary plans and specifications, and shall	3323
advertise for bids for all work to be placed under contract once a	3324
week for two consecutive weeks in a newspaper of general	3325
circulation in the county within which the work is to be done, and	3326
shall award the contract to the lowest responsive and responsible	3327
bidder in accordance with section 9.312 of the Revised Code. When	3328
the authority determines, subject to approval by the controlling	3329
board, that a real and present emergency exists or if the cost of	3330
such a contract does not exceed fifty thousand dollars, such a	3331
contract may be awarded without advertising and receipt of bids. A	3332
bid guaranty pursuant to sections 153.54 to 153.571 of the Revised	3333
Code shall be required for any contract under this section.	3334

In all other cases of capital facilities financed by the	3335
authority, the construction, reconstruction, rehabilitation,	3336
remodeling, renovation, enlargement, improvement, alteration,	3337
maintenance, equipmentequipping, furnishing, repair, painting, or	3338
decoration of capital facilities by or for the state or any	3339
governmental entity shall be the responsibility of the department	3340
of administrative services, division of public works, or, with the	3341
consent of the department of administrative services, shall be the	3342
responsibility of the state agency using the capital facility, or	3343
the governmental entity with which a state agency is participating	3344
pursuant to section 152.33 of the Revised Code, and shall be	3345
undertaken by the department in compliance with Chapter 153. of	3346
the Revised Code, or by such state agency or governmental entity	3347
in accordance with otherwise applicable law.	3348

Sec. 152.19.  (A) The Ohio building authority may assess,	3349
plan, acquire, purchase, construct, reconstruct, rehabilitate,	3350
remodel, renovate, enlarge, improve, alter, maintain, equip,	3351
furnish, repair, paint, decorate, manage, and operate capital	3352
facilities for the use of state agencies on one or more sites	3353
within the state.	3354

(B) In the exercise of any of the authority granted by	3355
division (A) of this section, the Ohio building authority may	3356
follow the procedures of section 125.81 of the Revised Code.	3357

Sec. 152.21.  With respect to capital facilities described in	3358
sections 152.19 and 152.31 of the Revised Code, the Ohio building	3359
authority may:	3360

(A) Acquire, by appropriation subject to Chapter 163. of the	3361
Revised Code, or by gift, grant, lease, or purchase; hold; lease;	3362
mortgage in the case of capital facilities the real property or	3363
interest therein of which was not acquired by the authority	3364
pursuant to sections 152.05 and 152.06 of the Revised Code;	3365
convey; and dispose of real estate and interests in real estate	3366
and personal property suitable for its purposes, including options	3367
and rights of first refusal to acquire;	3368

(B) AcquireAssess, plan, acquire, purchase, construct,	3369
reconstruct, rehabilitate, remodel, renovate, enlarge, improve,	3370
alter, maintain, equip, furnish, repair, paint, decorate, and	3371
operate capital facilities as provided in sections 152.18, 152.19,	3372
and 152.31 of the Revised Code;	3373

(C) Issue obligations to secure funds to accomplish its	3374
purposes as more fully set forth in sections 152.09 to 152.33 of	3375
the Revised Code;	3376

(D) Enter into contracts and execute all instruments	3377
necessary in the conduct of its business;	3378

(E) Fix, alter, and charge rentals for the use and occupancy	3379
of its capital facilities and enter into leases for such use and	3380
occupancy as provided in section 152.24 of the Revised Code;	3381

(F) Employ financial consultants, appraisers, consulting	3382
engineers, architects, superintendents, managers, construction and	3383
accounting experts, attorneys at law, and other employees and	3384
agents as are necessary, in its judgment, and fix their	3385
compensation;	3386

(G)(1) Manage, allocate space in, and have general custodial	3387
care and supervision of its capital facilities or enter into	3388
contracts with the department of administrative services or the	3389
using state agency or governmental entity for such purposes;.	3390

(2) With respect to any other capital facility, manage,	3391
allocate space in, and have general custodial care and supervision	3392
of the facility if it contains at least two hundred thousand	3393
square feet of space. A state agency or governmental entity that	3394
receives the authority's management, general custodial care, and	3395
supervision services, or the department of administrative	3396
services, shall pay the authority for those services. The	3397
authority and the department of administrative services, state	3398
agency, or governmental entity shall enter into an agreement that	3399
specifies the payment amount.	3400

(H) Pledge, hypothecate, or otherwise encumber all or such	3401
portion as it determines of the available receipts to the payment	3402
of bond service charges on obligations or series of obligations	3403
issued pursuant to Chapter 152. of the Revised Code and for the	3404
establishment and maintenance of any reserves, as provided in the	3405
bond resolution, and make other provisions therein with respect to	3406
such available receipts as authorized by Chapter 152. of the	3407
Revised Code, which shall be controlling notwithstanding any other	3408
provisions of law pertaining thereto, and enter into trust	3409
agreements or indentures for the benefit of holders of its	3410
obligations;	3411

(I) Borrow money or accept advances, loans, gifts, grants,	3412
devises, or bequests from, and enter into contracts or agreements	3413
with, any federal agency or other governmental or private source,	3414
and hold and apply advances, loans, gifts, grants, devises, or	3415
bequests according to the terms thereof. Such advances, loans,	3416
gifts, grants, or devises of real estate may be in fee simple or	3417
of any lesser estate and may be subject to any reasonable	3418
reservations. Any advances or loans received from any federal or	3419
other governmental or private source may be repaid in accordance	3420
with the terms of such advance or loan.	3421

(J) Enter into lawful arrangements with the appropriate	3422
governmental entity for the planning and installation of streets	3423
and sidewalks, public utility facilities, and other necessary	3424
appurtenances to its capital facilities, and grant necessary	3425
easements for such purposes;	3426

(K) Purchase property insurance, including all risk or	3427
extended coverage, and boiler, rents, and public liability	3428
insurance for or relating to its propertycapital facilities;	3429

(L) Establish rules for the use and operation of its	3430
buildings andcapital facilities;	3431

(M) Do all other acts necessary to the fulfillment of its	3432
purposes.	3433

Any instrument by which real property is acquired pursuant to	3434
this section shall identify the agency of the state that has the	3435
use and benefit of the real property as specified in section	3436
5301.012 of the Revised Code.	3437

Sec. 152.24.  (A) Except as otherwise provided with respect	3438
to leasing of capital facilities in sections 152.241, 152.242,	3439
152.31, and 152.33 of the Revised Code, the department of	3440
administrative services or, with the consent of the department of	3441
administrative services, the state agency using an office facility	3442
and related storage and parking facilities, or participating in	3443
such facilities pursuant to section 152.33 of the Revised Code,	3444
shall lease any office facility and related storage and lparking	3445
parking facility acquired, purchased, constructed, reconstructed,	3446
rehabilitated, remodeled, renovated, enlarged, improved, altered,	3447
operated, maintained, equipped, furnished, repaired, painted,	3448
decorated, or financed by the Ohio building authority for housing	3449
any state agencies. An agreement between the authority and the	3450
department of administrative services or such using or	3451
participating agency may provide for the transfer of the property	3452
to the state after bonds and notes issued by the authority for the	3453
purpose of the acquisition, purchase, construction,	3454
reconstruction, rehabilitation, remodeling, renovation,	3455
enlargement, improvement, alteration, equipping, furnishing,	3456
repair, painting, decorating, or financing of such building or	3457
facility have been repaid. A lease between the authority and the	3458
department of administrative services or a using or participating	3459
agency shall be for a period not exceeding the then current	3460
two-year period for which appropriations have been made by the	3461
general assembly to the department of administrative services and	3462
the state agencies which will occupy or participate in the office	3463
facility and related storage and parking facility being leased,	3464
and such lease may contain such other terms as the department of	3465
administrative services, or a using or participating agency, and	3466
the authority agree notwithstanding any other provision of law,	3467
including provision that rental payments in amounts at least	3468
sufficient to pay bond service charges payable during the current	3469
two-year lease term shall be an absolute and unconditional	3470
obligation of the department of administrative services, or the	3471
using or participating agency, independent of all other duties	3472
under the lease without setoff or deduction or any other similar	3473
rights or defenses. Such an agreement may provide for renewal of a	3474
lease at the end of each term for another term, not exceeding two	3475
years, provided that no renewal shall be effective until the	3476
effective date of an appropriation enacted by the general assembly	3477
from which the department of administrative services, or the using	3478
or participating agency, may lawfully pay rentals under such	3479
lease. For purposes of this section, the term "lease" may include,	3480
without limitation, any agreement between the department of	3481
administrative services, or the using or participating agency, and	3482
the authority with respect to any costs of capital facilities to	3483
be incurred prior to land acquisition.	3484

(B) If the director of administrative services or the	3485
director of a state agency using or participating in an office	3486
facility and related storage and parking facility certifies that	3487
space in such facility acquired, purchased, constructed,	3488
reconstructed, rehabilitated, remodeled, renovated, enlarged,	3489
improved, altered, operated, maintained, equipped, furnished,	3490
repaired, painted, decorated, or financed by the authority has	3491
become unnecessary for state use, the authority may lease any	3492
excess space in such facility and related storage and parking	3493
facility to any governmental entity.	3494

(C) If space in any office facility leased by the authority	3495
to the department of administrative services is not immediately	3496
necessary for state use, the department of administrative services	3497
may exercise its authority under division (A)(9) of section 123.01	3498
of the Revised Code with respect to such space.	3499

(D) Capital facilities acquired, purchased, constructed,	3500
reconstructed, rehabilitated, remodeled, renovated, enlarged,	3501
improved, altered, operated, maintained, equipped, furnished,	3502
repaired, painted, decorated, or financed by the Ohio building	3503
authority, other than any office facility and related storage and	3504
parking facility required to be leased pursuant to division (A) of	3505
this section, shall be leased to the department of administrative	3506
services or to, the state agency using the capital facilities, or	3507
the state agency participating in the capital facilities pursuant	3508
to section 152.33 of the Revised Code. The department of	3509
administrative services or the using or participating state agency	3510
may sublease such capital facilities to other state agencies or	3511
other governmental entities. Such parties, including other state	3512
agencies or state-supported or state-assisted institutions of	3513
higher education, may make other agreements for the use,	3514
construction, or operation of such capital facilities in any	3515
manner permitted by the lease or agreement with the authority and	3516
for the charging, collection, and deposit of such revenues and	3517
receipts of the using or participating state agency constituting	3518
available receipts, all upon such terms and conditions as the	3519
parties may agree upon and pursuant to this chapter	3520
notwithstanding other provisions of law affecting the leasing,	3521
acquisition, operation, or disposition of capital facilities by	3522
such parties. Any such lease between the authority and the	3523
department of administrative services or a using or participating	3524
state agency shall be for a period not to exceed the then current	3525
two-year period for which appropriations have been made by the	3526
general assembly to the department of administrative services or	3527
such using or participating state agency. The lease between the	3528
authority and the department of administrative services or the	3529
using or participating state agency may provide for renewal of the	3530
lease at the end of each term for another term, not exceeding two	3531
years, but no renewal shall be effective until the effective date	3532
of an appropriation enacted by the general assembly from which the	3533
department of administrative services or the using or	3534
participating state agency may lawfully pay rentals under such	3535
lease. Any such leases, subleases, or agreements may set forth the	3536
responsibilities of the authority, state agencies,	3537
state-supported, or state-assisted institutions of higher	3538
education, or other governmental entities as to the financing,	3539
assessment, planning, acquisition, purchase, construction,	3540
reconstruction, rehabilitation, remodeling, renovation,	3541
enlargement, improvement, alteration, subleasing, management,	3542
operation, maintenance, equipping, furnishing, repair, painting,	3543
decorating, and insuring of such capital facilities and other	3544
terms and conditions applicable thereto, and any other provisions	3545
mutually agreed upon for the purposes of this chapter. Promptly	3546
upon execution thereof, a signed or conformed copy of each such	3547
lease or sublease or agreement, and any supplement thereto,	3548
between the authority and a governmental entity shall be filed by	3549
the authority with the department of administrative services and	3550
the director of budget and management, and, promptly upon	3551
execution thereof, a signed or conformed copy of each such	3552
sublease or agreement between two governmental entities, not	3553
including the authority, shall be filed with the authority and the	3554
director of budget and management. For purposes of this section,	3555
the term "lease" may include, without limitation, any agreement	3556
between the department of administrative services or the state	3557
agency using or participating in such capital facilities and the	3558
authority with respect to any costs of capital facilities to be	3559
incurred prior to land acquisition.	3560

(E) The transfer of tangible personal property by lease under	3561
authority of this chapter is not a sale as used in Chapter 5739.	3562
of the Revised Code. Any agreement of a governmental entity to	3563
make rental, use, or other payments or payment of purchase price,	3564
in installments or otherwise, or repayments to or on account of	3565
the authority and the obligations issued by the authority, shall	3566
not be deemed to constitute indebtedness, bonded or otherwise, or	3567
bonds, notes, or other evidence of indebtedness of such	3568
governmental entity for the purpose of Chapter 133. of the Revised	3569
Code or any other purpose; such leases and agreements requiring	3570
payments beyond the current fiscal year are continuing contracts	3571
for the purposes of sections 5705.41 and 5705.44 of the Revised	3572
Code.	3573

(F) Any agreement between the department of administrative	3574
services or the state agency using or participating in such	3575
capital facilities and the authority whichthat includes provision	3576
for the use of space by such using or participating state agency	3577
or the department of administrative services, even if executed	3578
prior to land acquisition or completion of construction,	3579
improvements, or financing, shall be a lease for purposes of this	3580
chapter and for all other purposes. No such lease need be recorded	3581
or recordable for purposes of determining its validity or legal	3582
sufficiency.	3583

Sec. 152.26.  In the exercise of its powers under section	3584
152.19, 152.21, or 152.31 of the Revised Code, the Ohio building	3585
authority shall cause bids to be let and awarded for the	3586
construction, reconstruction, rehabilitation, remodeling,	3587
renovation, enlargement, improvement, alteration, furnishing, and	3588
equipping, repair, painting, and decorating of the buildings and	3589
facilities and pay the costs and supervise the accomplishment	3590
thereof, or the authority may enter into a contract with the	3591
administrator of workers' compensation for the construction of one	3592
or more buildings on one or more sites in the state. If such a	3593
building is constructed by the administrator, it shall be leased	3594
to the authority for leasing, operation, and maintenance by the	3595
authority or subsequent leasing by the authority to the department	3596
of administrative services. Rentals shall be fixed by the	3597
authority in such case so that the costs of construction are	3598
repaid to the state insurance fund with the same average rate of	3599
interest as though state insurance fund moneys were invested in	3600
obligations of the authority.	3601

In the process of inviting bids and awarding contracts, the	3602
authority shall be guided by the procedures set forth in sections	3603
153.01 to 153.20 of the Revised Code.	3604

The department of administrative services and all agencies of	3605
the state government shall cooperate with the authority and the	3606
legislative office building committee in supplying any services or	3607
information and in relocating offices to carry out this chapter.	3608

Sec. 153.74.  No bid for a state public improvement contract	3609
that is greater than one hundred thousand dollars shall be	3610
accepted unless the submitting contractor has a drug-free	3611
workplace policy in place that meets the standards which the	3612
director of administrative services shall establish by rule.	3613

Sec. 154.02.  (A) Pursuant to the provisions of Chapter 154.	3614
of the Revised Code, the issuing authority may issue obligations	3615
as from time to time authorized by or pursuant to act or	3616
resolution of the general assembly, consistent with such	3617
limitations thereon, subject to section 154.12 of the Revised	3618
Code, as the general assembly may thereby prescribe as to	3619
principal amount, bond service charges, or otherwise, and shall	3620
cause the proceeds thereof to be applied to those capital	3621
facilities designated by or pursuant to act of the general	3622
assembly for mental hygiene and retardation, state supported and	3623
assisted institutions of higher education, including technical	3624
education, parks and recreation, Ohio cultural facilities, and	3625
Ohio sports facilitiesany of the following:	3626

(1) Mental hygiene and retardation, including housing for	3627
mental hygiene and retardation patients under Section 16 of	3628
Article VIII, Ohio Constitution;	3629

(2) State supported and assisted institutions of higher	3630
education, including technical education;	3631

(3) Parks and recreation;

3632

(4) Ohio cultural facilities;

3633

(5) Ohio sports facilities.

3634

(B) The authority provided by Chapter 154. of the Revised	3635
Code is in addition to any other authority provided by law for the	3636
same or similar purposes, except as may otherwise specifically be	3637
provided in Chapter 154. of the Revised Code. In case any section	3638
or provision of Chapter 154. of the Revised Code or in case any	3639
covenant, stipulation, obligation, resolution, trust agreement,	3640
indenture, lease agreement, act, or action, or part thereof, made,	3641
assumed, entered into, or taken under Chapter 154. of the Revised	3642
Code, or any application thereof, is for any reason held to be	3643
illegal or invalid, such illegality or invalidity shall not affect	3644
the remainder thereof or any other section or provision of Chapter	3645
154. of the Revised Code or any other covenant, stipulation,	3646
obligation, resolution, trust agreement, indenture, lease,	3647
agreement, act, or action, or part thereof, made, assumed, entered	3648
into, or taken under such chapter, which shall be construed and	3649
enforced as if such illegal or invalid portion were not contained	3650
therein, nor shall such illegality or invalidity or any	3651
application thereof affect any legal and valid application	3652
thereof, and each such section, provision, covenant, stipulation,	3653
obligation, resolution, trust agreement, indenture, lease,	3654
agreement, act, or action, or part thereof, shall be deemed to be	3655
effective, operative, made, entered into or taken in the manner	3656
and to the full extent permitted by law.	3657

Sec. 154.20.  (A) Subject to authorization by the general	3658
assembly under section 154.02 of the Revised Code, the issuing	3659
authority may issue obligations pursuant to this chapter to pay	3660
costs of capital facilities for mental hygiene and retardation,	3661
including housing for mental hygiene and retardation patients.	3662

(B) Any capital facilities for mental hygiene or retardation,	3663
including housing for mental hygiene and retardation patients, may	3664
be leased by the commission to the department of mental health,	3665
the department of mental retardation and developmental	3666
disabilities, or the department of alcohol and drug addiction	3667
services, and other agreements may be made by the commission and	3668
any one or more of these departments with respect to the use or	3669
purchase of such capital facilities or, subject to the approval of	3670
the director of the department, the commission may lease such	3671
capital facilities to, and make or provide for other agreements	3672
with respect to the use or purchase thereof with, any governmental	3673
agency having authority under law to operate such capital	3674
facilities, and the director of the department may sublease such	3675
capital facilities to, and make other agreements with respect to	3676
the use or purchase thereof with, any such governmental agency,	3677
which may include provisions for transmittal to the mental health	3678
bond service trust fund created under division (E) of this	3679
section, by such governmental agency or by a nonprofit corporation	3680
providing mental hygiene and retardation services for or under	3681
contract with or the supervision of that governmental agency, of	3682
receipts of that agency or nonprofit corporation from charges for	3683
the treatment or care of mental hygiene and retardation patients,	3684
all upon such terms and conditions as the parties may agree upon	3685
and pursuant to this chapter, notwithstanding any other provision	3686
of law affecting the leasing, acquisition, or disposition of	3687
capital facilities by the parties.	3688

(C) For purposes of this section, "available receipts" means	3689
all receipts of the state from charges for the treatment or care	3690
of mental hygiene and retardation patients, including support	3691
payments received under Chapter 5121. of the Revised Code and	3692
moneys required to be transmitted to the mental health bond	3693
service trust fund pursuant to subleases and other agreements	3694
between any of the departments and another governmental agency	3695
pursuant to division (B) of this section as the subleases and	3696
other agreements may be further implemented for internal planning,	3697
budgeting, and accounting purposes pursuant to rules adopted by	3698
the director of mental health, director of mental retardation and	3699
developmental disabilities, or director of alcohol and drug	3700
addiction services, any revenues or receipts derived by the	3701
commission from the operation, leasing, or other disposition of	3702
capital facilities financed under this section, the proceeds of	3703
obligations issued under this section and sections 154.11 and	3704
154.12 of the Revised Code, and also means any gifts, grants,	3705
donations, and pledges, and receipts therefrom, available for the	3706
payment of bond service charges on such obligations. The issuing	3707
authority may pledge all, or such portion as that authority	3708
determines, of the available receipts to the payment of bond	3709
service charges on obligations issued under this section and under	3710
sections 154.11 and 154.12 of the Revised Code and for the	3711
establishment and maintenance of any reserves, as provided in the	3712
bond proceedings, and make other provisions therein with respect	3713
to such available receipts as authorized by this chapter, which	3714
provisions shall be controlling notwithstanding any other	3715
provision of law pertaining thereto.	3716

(D) The issuing authority may covenant in the bond	3717
proceedings that the state and state agencies shall, so long as	3718
any obligations issued under this section are outstanding, cause	3719
to be charged and collected charges for the treatment or care of	3720
mental hygiene and retardation patients sufficient in amount to	3721
provide for the payment of bond service charges on such	3722
obligations and for the establishment and maintenance of any	3723
reserves, as provided in the bond proceedings, and such covenants	3724
shall be controlling notwithstanding any other provision of law	3725
pertaining to such charges.	3726

(E) There is hereby created the mental health bond service	3727
trust fund, which shall be in the custody of the treasurer of	3728
state but shall be separate and apart from and not a part of the	3729
state treasury. All moneys received by or on account of the	3730
commission or issuing authority or state agencies and required by	3731
the applicable bond proceedings to be deposited, transferred, or	3732
credited to the fund, and all other moneys transferred or	3733
allocated to or received for the purposes of the fund, shall be	3734
deposited with the treasurer of state and credited to such fund,	3735
subject to applicable provisions of the bond proceedings, but	3736
without necessity for any act of appropriation. The mental health	3737
bond service trust fund is a trust fund and is hereby pledged to	3738
the payment of bond service charges on the obligations issued	3739
pursuant to this section and sections 154.11 and 154.12 of the	3740
Revised Code to the extent provided in the applicable bond	3741
proceedings, and payment thereof from such fund shall be made or	3742
provided for by the treasurer of state in accordance with such	3743
bond proceedings without necessity for any act of appropriation.	3744

(F) There is hereby created in the state treasury the mental	3745
health facilities improvement fund. Subject to the bond	3746
proceedings therefor, all of the proceeds of the sale of	3747
obligations pursuant to this section shall be credited to the	3748
fund, except that any accrued interest shall be credited to the	3749
mental health bond service fund. The mental health facilities	3750
improvement fund may also be comprised of gifts, grants,	3751
appropriated moneys, and other sums and securities received to the	3752
credit of such fund. The fund shall be applied only to the purpose	3753
of payingfollowing purposes:	3754

(1) Paying costs of capital facilities for mental hygiene and	3755
retardation, including housing for mental hygiene and retardation	3756
patients, under the jurisdiction of the department of mental	3757
health, department of mental retardation and developmental	3758
disabilities, or department of alcohol and drug addiction services	3759
or for participation;	3760

(2) Participating in capital facilities for mental hygiene	3761
and retardation, including housing for mental hygiene and	3762
retardation patients, with the federal government, municipal	3763
corporations, counties, or other governmental agencies, or to a	3764
nonprofit corporation specifically chartered to provide a mental	3765
health or mental retardation service when such service fulfills a	3766
public purpose, which participation may be by grants or	3767
contributions to them for such capital facilities. Except as	3768
provided in division (G) of this section, the nonprofit	3769
corporation may act in concert with a limited partnership or a	3770
limited liability company eligible to participate in the nonprofit	3771
set-aside described in section 42(h)(5) of the "Internal Revenue	3772
Code of 1986," 100 Stat. 2198, 26 U.S.C. 42, and the Ohio housing	3773
finance agency's housing tax credit program for the purpose of	3774
making use of low-income housing tax credits in support of housing	3775
for mental hygiene and retardation patients.	3776

(G) A nonprofit corporation providing a mental retardation	3777
service must obtain written approval from the director of mental	3778
retardation and developmental disabilities before acting in	3779
concert with a limited partnership or limited liability company as	3780
described in division (F)(2) of this section. However, the	3781
director may issue one blanket approval for all such nonprofit	3782
corporations.	3783

(H) This section is to be applied with other applicable	3784
provisions of this chapter.	3785

Sec. 164.04.  (A) In each of the districts created in section	3786
164.03 of the Revised Code, a district public works integrating	3787
committee shall be established as follows:	3788

(1) In district one, the district committee shall consist of	3789
seven members appointed as follows: two members shall be appointed	3790
by the board of county commissioners; two members shall be	3791
appointed by the chief executive officer of the most populous	3792
municipal corporation in the district; two members shall be	3793
appointed by a majority of the chief executive officers of the	3794
other municipal corporations located within the district; and one	3795
member, who shall have experience in local infrastructure planning	3796
and economic development and who shall represent the interests of	3797
private industry within the district, shall be appointed by a	3798
majority of the members of the district committee or their	3799
alternates. Except with respect to the selection of the private	3800
sector member of the committee, the affirmative vote of at least	3801
five committee members or their alternates is required for any	3802
action taken by a vote of the committee.	3803

(2) In district two, the district committee shall consist of	3804
nine members appointed as follows: two membersone member, who	3805
shall have experience in local infrastructure planning and	3806
economic development, shall be appointed by the board of county	3807
commissioners; three members shall be appointed by the chief	3808
executive officer of the most populous municipal corporation in	3809
the district; two members shall be appointed by a majority of the	3810
other chief executive officers of municipal corporations in the	3811
district; and two members shall be appointed by a majority of the	3812
boards of township trustees in the district. Of the members	3813
appointed by the board of county commissioners, one member shall	3814
have experience in local infrastructure planning and economic	3815
development,; and one member shall be either a county commissioner	3816
or athe county engineer of the district. The affirmative vote of	3817
at least sevensix members of the committee or their alternates is	3818
required for any action taken by a vote of the committee.	3819

(3) In districts three, four, eight, twelve, and nineteen,	3820
the district committee shall consist of nine members appointed as	3821
follows: two members shall be appointed by the board of county	3822
commissioners or by the chief executive officer of the county; two	3823
members shall be appointed by the chief executive officer of the	3824
most populous municipal corporation located within the district;	3825
two members shall be appointed by a majority of the other chief	3826
executive officers of the municipal corporations located in the	3827
district; two members shall be appointed by a majority of the	3828
boards of township trustees located in the district; and one	3829
member, who shall have experience in local infrastructure planning	3830
and economic development and who shall represent the interests of	3831
private industry within the district, shall be appointed by a	3832
majority of the members of the committee or their alternates.	3833
Except with respect to the selection of the private sector member	3834
of the committee, the affirmative vote of at least seven committee	3835
members or their alternates is required for any action taken by a	3836
vote of the committee.	3837

(4) In district six, the district committee shall consist of	3838
nine members appointed as follows: one member shall be appointed	3839
by the board of county commissioners of each county in the	3840
district; one member shall be appointed by the chief executive	3841
officer of the most populous municipal corporation in each county	3842
in the district; one member shall be appointed alternately by a	3843
majority of the chief executives of the municipal corporations,	3844
other than the largest municipal corporation, within one of the	3845
counties of the district; and one member shall be appointed	3846
alternately by a majority of the boards of township trustees	3847
within one of the counties in the district. The two persons who	3848
are the county engineers of the counties in the district also	3849
shall be members of the committee. At least six of these members	3850
or their alternates shall agree upon the appointment to the	3851
committee of a private sector person who shall have experience in	3852
local infrastructure planning and economic development. The	3853
affirmative vote of seven committee members or their alternates is	3854
required for any action taken by a vote of the committee.	3855

The first appointment to the committee made by the majority	3856
of the boards of township trustees of a county shall be made by	3857
the boards of township trustees located in the least populous	3858
county of the district, and the first appointment made by the	3859
majority of the chief executives of municipal corporations, other	3860
than the largest municipal corporation, of a county shall be made	3861
by the chief executives of municipal corporations, other than the	3862
largest municipal corporation, from the most populous county in	3863
the district.	3864

Notwithstanding division (C) of this section, the members of	3865
the district committee appointed alternately by a majority of the	3866
chief executive officers of municipal corporations, other than the	3867
largest municipal corporation, of a county and a majority of	3868
boards of township trustees of a county shall serve five-year	3869
terms.	3870

(5) In districts seven, nine, and ten, the district committee	3871
shall consist of two members appointed by the board of county	3872
commissioners of each county in the district, two members	3873
appointed by a majority of the chief executive officers of all	3874
cities within each county in the district, three members appointed	3875
by a majority of the boards of township trustees of all townships	3876
in the district, three members appointed by a majority of chief	3877
executive officers of all villages in the district, one member who	3878
is appointed by a majority of the county engineers in the district	3879
and who shall be a county engineer, and one member, who shall have	3880
experience in local infrastructure planning and economic	3881
development, shall be appointed by a majority of all other	3882
committee members or their alternates. If there is a county in the	3883
district in which there are no cities, the member that is to be	3884
appointed by the chief executive officers of the cities within	3885
that county shall be appointed by the chief executive officer of	3886
the village with the largest population in that county.	3887

(6) In districts five, eleven, and thirteen through eighteen,	3888
the members of each district committee shall be appointed as	3889
follows: one member shall be appointed by each board of county	3890
commissioners; one member shall be appointed by the majority of	3891
the chief executive officers of the cities located in each county;	3892
three members shall be appointed by a majority of the chief	3893
executive officers of villages located within the district; three	3894
members shall be appointed by a majority of the boards of township	3895
trustees located within the district; one member shall be	3896
appointed by a majority of the county engineers of the district	3897
and shall be a county engineer; and one member, who shall have	3898
experience in local infrastructure planning and economic	3899
development and who shall represent the interests of private	3900
industry within the district, shall be appointed by a majority of	3901
the members of the committee or their alternates. If there is a	3902
county in the district in which there are no cities, the member	3903
that is to be appointed by the chief executive officers of the	3904
cities within that county shall be appointed by the chief	3905
executive officer of the village with the largest population in	3906
that county.	3907

(7) In districts five, seven, nine, ten, eleven, thirteen,	3908
fourteen, sixteen, and seventeen organized in accordance with	3909
divisions (A)(5) and (6) of this section, a nine-member executive	3910
committee shall be established that shall include at least one of	3911
the persons appointed to the district committee by the chief	3912
executive officers of the villages within the district, at least	3913
one of the persons appointed to the district committee by the	3914
boards of township trustees within the district, the person	3915
appointed to the district committee to represent the interests of	3916
private industry, and six additional district committee members	3917
selected to serve on the executive committee by a majority of the	3918
members of the district committee or their alternates, except that	3919
not more than three persons who were appointed to the district	3920
committee by a board of county commissioners and not more than	3921
three persons who were appointed to the district committee by the	3922
chief executives of the cities located in the district shall serve	3923
on the executive committee.	3924

(8) In districts fifteen and eighteen organized in accordance	3925
with division (A)(6) of this section, an eleven-member executive	3926
committee shall be established that shall include at least one of	3927
the persons appointed to the district committee by the chief	3928
executive officers of the villages within the district, at least	3929
one of the persons appointed to the district committee by the	3930
boards of township trustees within the district, the person	3931
appointed to the district committee to represent the interests of	3932
private industry, and eight additional district committee members	3933
selected to serve on the executive committee by a majority of the	3934
members of the district committee or their alternates, except that	3935
not more than four persons who were appointed to the district	3936
committee by a board of county commissioners and not more than	3937
four persons who were appointed to the district committee by the	3938
chief executives of the cities located in the district shall serve	3939
on the executive committee. No more than two persons from each	3940
county shall be on the executive committee.	3941

All decisions of a district committee required to be	3942
organized in accordance with divisions (A)(5) and (6) of this	3943
section shall be approved by its executive committee. The	3944
affirmative vote of at least seven executive committee members or	3945
their alternates for executive committees formed under division	3946
(A)(7) of this section and at least nine members or their	3947
alternates for executive committees formed under division (A)(8)	3948
of this section is required for any action taken by vote of the	3949
executive committee, except that any decision of the executive	3950
committee may be rejected by a vote of at least two-thirds of the	3951
full membership of the district committee within thirty days of	3952
the executive committee action. Only projects approved by the	3953
executive committee may be submitted to the director of the Ohio	3954
public works commission pursuant to section 164.05 of the Revised	3955
Code.	3956

(B) Appointing authorities that appoint district committee	3957
members also may appoint an alternate for each committee member	3958
appointed under divisions (A)(1) to (6) of this section. If a	3959
district committee member is absent from a district or executive	3960
committee or subcommittee meeting, the alternate has the right to	3961
vote and participate in all proceedings and actions at that	3962
meeting.	3963

(C) Terms of office for appointed members of district	3964
committees and their alternates shall be for three years, with	3965
each term ending on the same day of the same month as did the term	3966
that it succeeds. Each member and that member's alternate shall	3967
hold office from the date of appointment until the end of the term	3968
for which the member is appointed, except that, with respect to	3969
any member who was an elected or appointed official of a township,	3970
county, or municipal corporation or that member's alternate, the	3971
term of office for that person under this section shall not extend	3972
beyond the member's term as an elected or appointed official	3973
unless the member was appointed by a group of officials of more	3974
than one political subdivision or the members of the district	3975
committee, in which case the member's alternate shall continue to	3976
serve for the full term. Members and their alternates may be	3977
reappointed. Vacancies shall be filled in the same manner	3978
provided for original appointments. Any member or that member's	3979
alternate appointed to fill a vacancy occurring prior to the	3980
expiration date of the term for which the member's or alternate's	3981
predecessor was appointed shall hold office for the remainder of	3982
that term. A member or that member's alternate shall continue in	3983
office subsequent to the expiration date of the member's or	3984
alternate's term until the member's or alternate's successor takes	3985
office or until a period of sixty days has elapsed, whichever	3986
occurs first. Each district public works integrating committee	3987
shall elect a chairperson, vice-chairperson, and other officers it	3988
considers advisable.	3989

(D) For purposes of this chapter, if a subdivision is located	3990
in more than one county or in more than one district, the	3991
subdivision shall be deemed to be a part of the county or district	3992
in which the largest number of its population is located. However,	3993
if after a decennial census the change in a subdivision's	3994
population would result in the subdivision becoming part of a	3995
different county or district, the legislative authority of the	3996
subdivision may, by resolution, choose to remain a part of the	3997
county or district of which the subdivision was originally deemed	3998
to be a part. Such a decision is not revocable unless similar	3999
conditions arise following the next decennial census.	4000

(E) Notwithstanding any provision of law to the contrary, a	4001
county, municipal, or township public official may serve as a	4002
member of a district public works integrating committee.	4003

(F) A member of a district committee or that member's	4004
alternate does not have an unlawful interest in a public contract	4005
under section 2921.42 of the Revised Code solely by virtue of the	4006
receipt of financial assistance under this chapter by the local	4007
subdivision of which the member or that member's alternate is also	4008
a public official or appointee.	4009

Sec. 169.13.  (A) All agreements to pay a fee, compensation,	4010
commission, or other remuneration to locate, deliver, recover, or	4011
assist in the recovery of unclaimed funds reported under section	4012
169.03 of the Revised Code, entered into within two years	4013
immediately after the date a report is filed under division (C) of	4014
section 169.03 of the Revised Code, are invalid.	4015

(B) An agreement entered into any time after such two-year	4016
period is valid only if both of the following conditions are met:	4017

(1) The aggregate fee, compensation, commission, or other	4018
remuneration agreed upon, paid directly or indirectly, is not in	4019
excess of ten per cent of the amount recovered and paid to the	4020
owner by the auditordirector of statebudget and management;	4021

(2) The agreement is in writing, signed by the owner, and	4022
discloses all of the following items:	4023

(a) The nature and value of the property;

4024

(b) The amount the owner will receive after the fee or	4025
compensation has been subtracted;	4026

(c) The name and address of the person or entity in	4027
possession of the property.	4028

(C) No person shall receive a fee, compensation, commission,	4029
or other remuneration, or engage in any activity for the purpose	4030
of locating, delivering, recovering, or assisting in the recovery	4031
of unclaimed funds, under an agreement that is invalid under this	4032
section.	4033

(D) Whoever violates division (C) of this section is guilty	4034
of a misdemeanor of the first degree for a first offense and of a	4035
felony of the fifth degree for each subsequent offense.	4036

Sec. 176.05.  (A)(1) Notwithstanding any provision of law to	4037
the contrary, the rate of wages payable for the various	4038
occupations covered by sections 4115.03 to 4115.16 of the Revised	4039
Code to persons employed on a project who are not any of the	4040
following shall be determined according to this section:	4041

(a) Qualified volunteers;

4042

(b) Persons required to participate in a work activity,	4043
developmental activity, or alternative work activity under	4044
sections 5107.40 to 5107.69 of the Revised Code except those	4045
engaged in paid employment or subsidized employment pursuant to	4046
the activity;	4047

(c) Food stamp benefit recipients required to participate in	4048
employment and training activities established by rules adopted	4049
under section 5101.54 of the Revised Code.	4050

An association representing the general contractors or	4051
subcontractors that engage in the business of residential	4052
construction in a certain locality shall negotiate with the	4053
applicable building and construction trades council in that	4054
locality an agreement or understanding that sets forth the	4055
residential prevailing rate of wages, payable on projects in that	4056
locality, for each of the occupations employed on those projects.	4057

(2) Notwithstanding any residential prevailing rate of wages	4058
established prior to July 1, 1995, if, by October 1, 1995, the	4059
parties are unable to agree under division (A)(1) of this section	4060
as to the rate of wages payable for each occupation covered by	4061
sections 4115.03 to 4115.16 of the Revised Code, the director of	4062
commerce shall establish the rate of wages payable for each	4063
occupation.	4064

(3) The residential prevailing rate of wages established	4065
under division (A)(1) or (2) of this section shall not be equal to	4066
or greater than the prevailing rate of wages determined by the	4067
director pursuant to sections 4115.03 to 4115.16 of the Revised	4068
Code for any of the occupations covered by those sections.	4069

(B) Except for the prevailing rate of wages determined by the	4070
director pursuant to sections 4115.03 to 4115.16 of the Revised	4071
Code, those sections and section 4115.99 of the Revised Code apply	4072
to projects.	4073

(C) The residential prevailing rate of wages established	4074
under division (A) of this section is not payable to any	4075
individual or member of that individual's family who provides	4076
labor in exchange for acquisition of the property for	4077
homeownership or who provides labor in place of or as a supplement	4078
to any rental payments for the property.	4079

(D) For the purposes of this section:

4080

(1) "Project" means any construction, rehabilitation,	4081
remodeling, or improvement of residential housing, whether on a	4082
single or multiple site for which a person, as defined in section	4083
1.59 of the Revised Code, or municipal corporation, county, or	4084
township receives financing, that is financed in whole or in part	4085
from state moneys or pursuant to this chapter, section 133.51 or	4086
307.698 of the Revised Code, or Chapter 174. or 175. of the	4087
Revised Code, except for any of the following:	4088

(a) The single-family mortgage revenue bonds homeownership	4089
program under Chapter 175. of the Revised Code, including	4090
owner-occupied dwellings of one to four units;	4091

(b) Projects consisting of fewer than six units developed by	4092
any entity that is not a nonprofit organization exempt from	4093
federal income tax under section 501(c)(3) of the Internal Revenue	4094
Code;	4095

(c) Projects of fewer than twenty-five units developed by any	4096
nonprofit organization that is exempt from federal income tax	4097
under section 501(c)(3) of the Internal Revenue Code;	4098

(d) Programs undertaken by any municipal corporation, county,	4099
or township, including lease-purchase programs, using mortgage	4100
revenue bond financing;	4101

(e) Any individual project, that is sponsored or developed by	4102
a nonprofit organization that is exempt from federal income tax	4103
under section 501(c)(3) of the Internal Revenue Code, for which	4104
the federal government or any of its agencies furnishes by loan,	4105
grant, low-income housing tax credit, or insurance more than	4106
twelve per cent of the costs of the project. For purposes of	4107
division (D)(2)(e) of this section, the value of the low-income	4108
housing tax credits shall be calculated as the proceeds from the	4109
sale of the tax credits, less the costs of the sale.	4110

As used in division (D)(1)(e) of this section, "sponsored"	4111
means that thea general partner of a limited partnership owning	4112
the project or a managing member of a limited liability company	4113
owning the project is either a nonprofit organization that is	4114
exempt from federal income tax under section 501(c)(3) of the	4115
Internal Revenue Code or a person, as defined in section 1.59 of	4116
the Revised Code, or a limited liability company in which such a	4117
nonprofit organization maintains controlling interest. For	4118
purposes of this division, a general partner of a limited	4119
partnership that is a nonprofit organization described under this	4120
division is not required to be the sole general partner in the	4121
limited partnership, and a managing member of a limited liability	4122
company that is a nonprofit organization described under this	4123
division is not required to be the sole managing member in the	4124
limited liability company.	4125

Nothing in division (D)(1)(e) of this section shall be	4126
construed as permitting unrelated projects to be combined for the	4127
sole purpose of determining the total percentage of project costs	4128
furnished by the federal government or any of its agencies.	4129

(2) A "project" is a "public improvement" and the state or a	4130
political subdivision that undertakes or participates in the	4131
financing of a project is a "public authority," as both of the	4132
last two terms are defined in section 4115.03 of the Revised Code.	4133

(3) "Qualified volunteers" are volunteers who are working	4134
without compensation for a nonprofit organization that is exempt	4135
from federal income tax under section 501(c)(3) of the Internal	4136
Revenue Code, and that is providing housing or housing assistance	4137
only to families and individuals in a county whose incomes are not	4138
greater than one hundred forty per cent of the median income of	4139
that county as determined under section 174.04 of the Revised	4140
Code.	4141

Sec. 184.191.  The third frontier research and development	4142
taxable bond fund is hereby created in the state treasury. The	4143
fund shall consist of the net proceeds of federally taxable	4144
obligations issued and sold by the issuing authority pursuant to	4145
sections 151.01 and 151.10 of the Revised Code. Investment	4146
earnings of the fund shall be credited to the fund. Moneys in the	4147
fund shall be used in accordance with sections 184.10 to 184.18	4148
and 184.20 of the Revised Code and for associated administrative	4149
expenses.	4150

Sec. 307.695.  (A) As used in this section, "convention:

4151

(1) "Arena" means any structure designed and constructed for	4152
the purpose of providing a venue for public entertainment and	4153
recreation by the presentation of concerts, sporting and athletic	4154
events, and other events and exhibitions, including facilities	4155
intended to house or provide a site for one or more athletic or	4156
sports teams or activities, spectator facilities, parking	4157
facilities, walkways, and auxiliary facilities, real and personal	4158
property, property rights, easements, leasehold estates, and	4159
interests that may be appropriate for, or used in connection with,	4160
the operation of the arena.	4161

(2) "Convention center" means any structure expressly	4162
designed and constructed for the purposes of presenting	4163
conventions, public meetings, and exhibitions and includes parking	4164
facilities that serve the center and any personal property used in	4165
connection with any such structure or facilities.	4166

(3) "Eligible county" means a county having a population of	4167
at least four hundred thousand but not more than eight hundred	4168
thousand according to the 2000 federal decennial census and that	4169
directly borders the geographic boundaries of another state.	4170

(4) "Entity" means a nonprofit corporation, a municipal	4171
corporation, a port authority created under Chapter 4582. of the	4172
Revised Code, or a convention facilities authority created under	4173
Chapter 351. of the Revised Code.	4174

(5) "Lodging taxes" means excise taxes levied under division	4175
(A)(1), (A)(2), or (C) of section 5739.09 of the Revised Code and	4176
the revenues arising therefrom.	4177

(6) "Nonprofit corporation" means a nonprofit corporation	4178
that is organized under the laws of this state and that includes	4179
within the purposes for which it is incorporated the authorization	4180
to lease and operate facilities such as a convention center or an	4181
arena or a combination of an arena and convention center.	4182

(7) "Project" means acquiring, constructing, reconstructing,	4183
renovating, rehabilitating, expanding, adding to, equipping,	4184
furnishing or otherwise improving an arena, a convention center,	4185
or a combination of an arena and convention center. For purposes	4186
of this section, a project is a permanent improvement for one	4187
purpose under Chapter 133. of the Revised Code.	4188

(8) "Project revenues" means money received by an eligible	4189
county, other than money from taxes or from the proceeds of	4190
securities secured by taxes, in connection with, derived from,	4191
related to, or resulting from a project, including, but not	4192
limited to, rentals and other payments received under a lease or	4193
agreement with respect to the project, ticket charges or	4194
surcharges for admission to events at a project, charges or	4195
surcharges for parking for events at a project, charges for the	4196
use of a project or any portion of a project, including suites and	4197
seating rights, the sale of naming rights for the project or a	4198
portion of the project, unexpended proceeds of any county revenue	4199
bonds issued for the project, and any income and profit from the	4200
investment of the proceeds of any such revenue bonds or any	4201
project revenues.	4202

(9) "Chapter 133. securities," "debt charges," "general	4203
obligation," "legislation," "one purpose," "outstanding,"	4204
"permanent improvement," "person," and "securities" have the	4205
meanings given to those terms in section 133.01 of the Revised	4206
Code.	4207

(B) A board of county commissioners may enter into an	4208
agreement with a convention and visitors' bureau operating in the	4209
county under which:	4210

(1) The bureau agrees to construct and equip a convention	4211
center in the county and to pledge and contribute from the tax	4212
revenues received by it under division (A) of section 5739.09 of	4213
the Revised Code, not more than such portion thereof that it is	4214
authorized to pledge and contribute for the purpose described in	4215
division (C) of this section; and	4216

(2) The board agrees to levy a tax under division (C) of	4217
section 5739.09 of the Revised Code and pledge and contribute the	4218
revenues therefrom for the purpose described in division (C) of	4219
this section.	4220

(C) The purpose of the pledges and contributions described in	4221
divisions (B)(1) and (2) of this section is payment of principal,	4222
interest, and premium, if any, on bonds and notes issued by or for	4223
the benefit of the bureau to finance the construction and	4224
equipping of a convention center. The pledges and contributions	4225
provided for in the agreement shall be for the period stated in	4226
the agreement, but not to exceed thirty years. Revenues determined	4227
from time to time by the board to be needed to cover the real and	4228
actual costs of administering the tax imposed by division (C) of	4229
section 5739.09 of the Revised Code may not be pledged or	4230
contributed. The agreement shall provide that any such bonds and	4231
notes shall be secured by a trust agreement between the bureau or	4232
other issuer acting for the benefit of the bureau and a corporate	4233
trustee that is a trust company or bank having the powers of a	4234
trust company within or without the state, and the trust agreement	4235
shall pledge or assign to the retirement of the bonds or notes,	4236
all moneys paid by the county under this section. A tax the	4237
revenues from which are pledged under an agreement entered into by	4238
a board of county commissioners under this section shall not be	4239
subject to diminution by initiative or referendum, or diminution	4240
by statute, unless provision is made therein for an adequate	4241
substitute therefor reasonably satisfactory to the trustee under	4242
the trust agreement that secures the bonds and notes.	4243

(D) A pledge of money by a county under division (B) of this	4244
section shall not be indebtedness of the county for purposes of	4245
Chapter 133. of the Revised Code.	4246

(E) If the terms of the agreement so provide, the board of	4247
county commissioners may acquire and lease real property to the	4248
convention bureau as the site of the convention center. The lease	4249
shall be for a term not to exceed thirty years and shall be on	4250
such terms as are set forth in the agreement. The purchase and	4251
lease are not subject to the limitations of sections 307.02 and	4252
307.09 of the Revised Code.	4253

(F) In addition to the authority granted to a board of county	4254
commissioners under divisions (B) to (E) of this section, a board	4255
of county commissioners in a county with a population of one	4256
million two hundred thousand or more may establish and provide	4257
local funding options for constructing and equipping a convention	4258
center.	4259

(G) The board of county commissioners of an eligible county	4260
may undertake, finance, operate, and maintain a project. The board	4261
may lease a project to an entity on terms that the board	4262
determines to be in the best interest of the county and in	4263
furtherance of the public purpose of the project; the lease may be	4264
for a term of thirty-five years or less and may provide for an	4265
option of the entity to renew the lease for a term of thirty-five	4266
years or less. The board may enter into an agreement with an	4267
entity with respect to a project on terms that the board	4268
determines to be in the best interest of the county and in	4269
furtherance of the public purpose of the project. To the extent	4270
provided for in an agreement or a lease with an entity, the board	4271
may authorize the entity to administer on behalf of the board any	4272
contracts for the project. The board may enter into an agreement	4273
providing for the sale to a person of naming rights to a project	4274
or portion of a project, for a period, for consideration, and on	4275
other terms and conditions that the board determines to be in the	4276
best interest of the county and in furtherance of the public	4277
purpose of the project. The board may enter into an agreement with	4278
a person owning or operating a professional athletic or sports	4279
team providing for the use by that person of a project or portion	4280
of a project for that team's offices, training, practices, and	4281
home games for a period, for consideration, and on other terms and	4282
conditions that the board determines to be in the best interest of	4283
the county and in furtherance of the public purpose of the	4284
project. The board may establish ticket charges or surcharges for	4285
admission to events at a project, charges or surcharges for	4286
parking for events at a project, and charges for the use of a	4287
project or any portion of a project, including suites and seating	4288
rights, and may, as necessary, enter into agreements related	4289
thereto with persons for a period, for consideration, and on other	4290
terms and conditions that the board determines to be in the best	4291
interest of the county and in furtherance of the public purpose of	4292
the project. A lease or agreement authorized by this division is	4293
not subject to sections 307.02, 307.09, and 307.12 of the Revised	4294
Code.	4295

(H) Notwithstanding any contrary provision in Chapter 5739.	4296
of the Revised Code, after adopting a resolution declaring it to	4297
be in the best interest of the county to undertake a project as	4298
described in division (G) of this section, the board of county	4299
commissioners of an eligible county may adopt a resolution	4300
enacting or increasing any lodging taxes within the limits	4301
specified in Chapter 5739. of the Revised Code with respect to	4302
those lodging taxes and amending any prior resolution under which	4303
any of its lodging taxes have been imposed in order to provide	4304
that those taxes, after deducting the real and actual costs of	4305
administering the taxes and any portion of the taxes returned to	4306
any municipal corporation or township as provided in division	4307
(A)(1) of section 5739.09 of the Revised Code, shall be used by	4308
the board for the purposes of undertaking, financing, operating,	4309
and maintaining the project, including paying debt charges on any	4310
securities issued by the board under division (I) of this section,	4311
or to make contributions to the convention and visitors' bureau	4312
operating within the county, or to promote, advertise, and market	4313
the region in which the county is located, all as the board may	4314
determine and make appropriations for from time to time, subject	4315
to the terms of any pledge to the payment of debt charges on	4316
outstanding general obligation securities or special obligation	4317
securities authorized under division (I) of this section. A	4318
resolution adopted under division (H) of this section shall be	4319
adopted not earlier than January 15, 2007, and not later than	4320
January 15, 2008.	4321

A resolution adopted under division (H) of this section may	4322
direct the board of elections to submit the question of enacting	4323
or increasing lodging taxes, as the case may be, to the electors	4324
of the county at a special election held on the date specified by	4325
the board in the resolution, provided that the election occurs not	4326
less than seventy-five days after a certified copy of the	4327
resolution is transmitted to the board of elections and no later	4328
than January 15, 2008. A resolution submitted to the electors	4329
under this division shall not go into effect unless it is approved	4330
by a majority of those voting upon it. A resolution adopted under	4331
division (H) of this section that is not submitted to the electors	4332
of the county for their approval or disapproval is subject to a	4333
referendum as provided in sections 305.31 to 305.41 of the Revised	4334
Code.	4335

A resolution adopted under division (H) of this section takes	4336
effect upon its adoption, unless the resolution is submitted to	4337
the electors of the county for their approval or disapproval, in	4338
which case the resolution takes effect on the date the board of	4339
county commissioners receives notification from the board of	4340
elections of the affirmative vote. Lodging taxes received after	4341
the effective date of the resolution may be used for the purposes	4342
described in division (H) of this section, except that lodging	4343
taxes that have been pledged to the payment of debt charges on any	4344
bonds or notes issued by or for the benefit of a convention and	4345
visitors' bureau under division (C) of this section shall be used	4346
exclusively for that purpose until such time as the bonds or notes	4347
are no longer outstanding under the trust agreement securing those	4348
bonds or notes.	4349

(I)(1) The board of county commissioners of an eligible	4350
county may issue the following securities of the county for the	4351
purpose of paying costs of the project, refunding any outstanding	4352
county securities issued for that purpose, refunding any	4353
outstanding bonds or notes issued by or for the benefit of the	4354
bureau under division (C) of this section, or for any combination	4355
of those purposes:	4356

(a) General obligation securities issued under Chapter 133.	4357
of the Revised Code. The resolution authorizing these securities	4358
may include covenants to appropriate annually from lawfully	4359
available lodging taxes, and to continue to levy and collect those	4360
lodging taxes in, amounts necessary to meet the debt charges on	4361
those securities.	4362

(b) Special obligation securities issued under Chapter 133.	4363
of the Revised Code that are secured only by lawfully available	4364
lodging taxes and any other taxes and revenues pledged to pay the	4365
debt charges on those securities, except ad valorem property	4366
taxes. The resolution authorizing those securities shall include a	4367
pledge of and covenants to appropriate annually from lawfully	4368
available lodging taxes and any other taxes and revenues pledged	4369
for such purpose, and to continue to collect any of those revenues	4370
pledged for such purpose and to levy and collect those lodging	4371
taxes and any other taxes pledged for such purpose, in amounts	4372
necessary to meet the debt charges on those securities. The pledge	4373
is valid and binding from the time the pledge is made, and the	4374
lodging taxes so pledged and thereafter received by the county are	4375
immediately subject to the lien of the pledge without any physical	4376
delivery of the lodging taxes or further act. The lien of any	4377
pledge is valid and binding as against all parties having claims	4378
of any kind in tort, contract, or otherwise against the county,	4379
regardless of whether such parties have notice of the lien.	4380
Neither the resolution nor any trust agreement by which a pledge	4381
is created or further evidenced is required to be filed or	4382
recorded except in the records of the board. The special	4383
obligation securities shall contain a statement on their face to	4384
the effect that they are not general obligation securities, and,	4385
unless paid from other sources, are payable from the pledged	4386
lodging taxes.	4387

(c) Revenue securities authorized under section 133.08 of the	4388
Revised Code and issued under Chapter 133. of the Revised Code	4389
that are secured only by lawfully available project revenues	4390
pledged to pay the debt charges on those securities.	4391

(2) The securities described in division (I)(1) of this	4392
section are subject to Chapter 133. of the Revised Code.	4393

(3) Section 133.34 of the Revised Code, except for division	4394
(A) of that section, applies to the issuance of any refunding	4395
securities authorized under this division. In lieu of division (A)	4396
of section 133.34 of the Revised Code, the board of county	4397
commissioners shall establish the maturity date or dates, the	4398
interest payable on, and other terms of refunding securities as it	4399
considers necessary or appropriate for their issuance, provided	4400
that the final maturity of refunding securities shall not exceed	4401
by more than ten years the final maturity of any bonds refunded by	4402
refunding securities.	4403

(4) The board may not repeal, rescind, or reduce all or any	4404
portion of any lodging taxes pledged to the payment of debt	4405
charges on any outstanding special obligation securities	4406
authorized under this division, and no portion of any lodging	4407
taxes that is pledged, or that the board has covenanted to levy,	4408
collect, and appropriate annually to pay debt charges on any	4409
outstanding securities authorized under this division is subject	4410
to repeal, rescission, or reduction by the electorate of the	4411
county.	4412

Sec. 333.02.  Before December 1, 2006June 1, 2007, a board	4413
of county commissioners of a county that levies a county sales and	4414
use tax may enter into an agreement with any person that proposes	4415
to construct an impact facility in the county to provide payments	4416
to that person of up to seventy-five per cent of the county sales	4417
and use tax collected on each retail sale made by that person at	4418
the facility, for a term of up to ten years, or until the person's	4419
qualifying investment in the impact facility has been realized	4420
through the payments, whichever occurs first.	4421

Sec. 333.04. (A) After review of the items submitted under	4422
division (A) of section 333.03 of the Revised Code, and after	4423
receipt of the certification from the director of development	4424
under division (B) of that section, a board of county	4425
commissioners, before December 1, 2006June 1, 2007, may enter	4426
into an agreement under section 333.02 of the Revised Code,	4427
provided that the board has determined all of the following:	4428

(1) The proposed impact facility is economically sound;

4429

(2) Construction of the proposed impact facility has not	4430
begun prior to the day the agreement is entered into;	4431

(3) The impact facility will benefit the county by increasing	4432
employment opportunities and strengthening the local and regional	4433
economy; and	4434

(4) Receiving payments from the board of county commissioners	4435
is a major factor in the person's decision to go forward with	4436
construction of the impact facility.	4437

(B) An agreement entered into under this section shall	4438
include all of the following:	4439

(1) A description of the impact facility that is the subject	4440
of the agreement, including the existing investment level, if any,	4441
the proposed amount of investments, the scheduled starting and	4442
completion dates for the facility, and the number and type of	4443
full-time equivalent positions to be created at the facility;	4444

(2) The percentage of the county sales and use tax collected	4445
at the impact facility that will be used to make payments to the	4446
person entering into the agreement;	4447

(3) The term of the payments and the first calendar quarter	4448
in which the person may apply for a payment under section 333.06	4449
of the Revised Code;	4450

(4) A requirement that the amount of payments made to the	4451
person during the term established under division (B)(3) of this	4452
section shall not exceed the person's qualifying investment, and	4453
that all payments cease when that amount is reached;	4454

(5) A requirement that the person maintain operations at the	4455
impact facility for at least the term established under division	4456
(B)(3) of this section;	4457

(6) A requirement that the person annually certify to the	4458
board of county commissioners, on or before a date established by	4459
the board in the agreement, the level of investment in, the number	4460
of employees and type of full-time equivalent positions at, and	4461
the amount of county sales and use tax collected and remitted to	4462
the tax commissioner or treasurer of state from sales made at, the	4463
facility;	4464

(7) A provision stating that the creation of the proposed	4465
impact facility does not involve the relocation of more than ten	4466
full-time equivalent positions and two million dollars in taxable	4467
assets to the impact facility from another facility owned by the	4468
person, or a related member of the person, that is located in	4469
another political subdivision of this state, other than the	4470
political subdivision in which the impact facility is or will be	4471
located;	4472

(8) A provision stating that the person will not relocate	4473
more than ten full-time equivalent positions and two million	4474
dollars in taxable assets to the impact facility from another	4475
facility in another political subdivision of this state during the	4476
term of the payments without the written approval of the director	4477
of development;	4478

(9) A detailed explanation of how the person determined that	4479
more than fifty per cent of the visitors to the facility live at	4480
least one hundred miles from the facility.	4481

(C) For purposes of this section, the transfer of a full-time	4482
equivalent position or taxable asset from another political	4483
subdivision in this state to the political subdivision in which	4484
the impact facility is or will be located shall be considered a	4485
relocation, unless the person refills the full-time equivalent	4486
position, or replaces the taxable asset with an asset of equal or	4487
greater taxable value, within six months after the transfer. The	4488
person may not receive a payment under this chapter for any year	4489
in which more than ten relocations occurred without the written	4490
consent of the board of county commissioners.	4491

Sec. 340.03.  (A) Subject to rules issued by the director of	4492
mental health after consultation with relevant constituencies as	4493
required by division (A)(11) of section 5119.06 of the Revised	4494
Code, with regard to mental health services, the board of alcohol,	4495
drug addiction, and mental health services shall:	4496

(1) Serve as the community mental health planning agency for	4497
the county or counties under its jurisdiction, and in so doing it	4498
shall:	4499

(a) Evaluate the need for facilities and community mental	4500
health services;	4501

(b) In cooperation with other local and regional planning and	4502
funding bodies and with relevant ethnic organizations, assess the	4503
community mental health needs, set priorities, and develop plans	4504
for the operation of facilities and community mental health	4505
services;	4506

(c) In accordance with guidelines issued by the director of	4507
mental health after consultation with board representatives,	4508
develop and submit to the department of mental health, no later	4509
than six months prior to the conclusion of the fiscal year in	4510
which the board's current plan is scheduled to expire, a community	4511
mental health plan listing community mental health needs,	4512
including the needs of all residents of the district now residing	4513
in state mental institutions and severely mentally disabled	4514
adults, children, and adolescents; all children subject to a	4515
determination made pursuant to section 121.38 of the Revised Code;	4516
and all the facilities and community mental health services that	4517
are or will be in operation or provided during the period for	4518
which the plan will be in operation in the service district to	4519
meet such needs.	4520

The plan shall include, but not be limited to, a statement of	4521
which of the services listed in section 340.09 of the Revised Code	4522
the board intends to provide or purchase,make available. The	4523
board must include crisis intervention services for individuals in	4524
an emergency situation in the plan and explain how the board	4525
intends to make such services available. The plan must also	4526
include an explanation of how the board intends to make any	4527
payments that it may be required to pay under section 5119.62 of	4528
the Revised Code, a statement of the inpatient and community-based	4529
services the board proposes that the department operate, an	4530
assessment of the number and types of residential facilities	4531
needed, and such other information as the department requests, and	4532
a budget for moneys the board expects to receive. The board shall	4533
also submit an allocation request for state and federal funds.	4534
Within sixty days after the department's determination that the	4535
plan and allocation request are complete, the department shall	4536
approve or disapprove the plan and request, in whole or in part,	4537
according to the criteria developed pursuant to section 5119.61 of	4538
the Revised Code. The department's statement of approval or	4539
disapproval shall specify the inpatient and the community-based	4540
services that the department will operate for the board.	4541
Eligibility	4542

Eligibility for financial supportstate and federal funding	4543
shall be contingent upon an approved plan or relevant part of a	4544
plan. The department may provide state and federal funding for	4545
services included in a plan only if the services are for	4546
individuals whose focus of treatment or prevention is a mental	4547
disorder according to the edition of the American psychiatric	4548
association's diagnostic and statistical manual of mental	4549
disorders that is current at the time the funding is provided.	4550
This may include such services for individuals who have a mental	4551
disorder and a co-occurring substance use disorder,	4552
substance-induced disorder, chronic dementing organic mental	4553
disorder, mental retardation, or developmental disability. The	4554
department may not provide state or federal funding under a plan	4555
for a service for individuals whose focus of treatment or	4556
prevention is solely a substance use disorder, substance-induced	4557
disorder, chronic dementing organic mental disorder, mental	4558
retardation, or developmental disability.	4559

If the director disapproves all or part of any plan, the	4560
director shall inform the board of the reasons for the disapproval	4561
and of the criteria that must be met before the plan may be	4562
approved. The director shall provide the board an opportunity to	4563
present its case on behalf of the plan. The director shall give	4564
the board a reasonable time in which to meet the criteria, and	4565
shall offer the board technical assistance to help it meet the	4566
criteria.	4567

If the approval of a plan remains in dispute thirty days	4568
prior to the conclusion of the fiscal year in which the board's	4569
current plan is scheduled to expire, the board or the director may	4570
request that the dispute be submitted to a mutually agreed upon	4571
third-party mediator with the cost to be shared by the board and	4572
the department. The mediator shall issue to the board and the	4573
department recommendations for resolution of the dispute. Prior to	4574
the conclusion of the fiscal year in which the current plan is	4575
scheduled to expire, the director, taking into consideration the	4576
recommendations of the mediator, shall make a final determination	4577
and approve or disapprove the plan, in whole or in part.	4578

If a board determines that it is necessary to amend a plan or	4579
an allocation request that has been approved under division	4580
(A)(1)(c) of this section, the board shall submit a proposed	4581
amendment to the director. The director may approve or disapprove	4582
all or part of the amendment. If the director does not approve all	4583
or part of the amendment within thirty days after it is submitted,	4584
the amendment or part of it shall be considered to have been	4585
approved. The director shall inform the board of the reasons for	4586
disapproval of all or part of an amendment and of the criteria	4587
that must be met before the amendment may be approved. The	4588
director shall provide the board an opportunity to present its	4589
case on behalf of the amendment. The director shall give the board	4590
a reasonable time in which to meet the criteria, and shall offer	4591
the board technical assistance to help it meet the criteria.	4592

The board shall implement the plan approved by the	4593
department.	4594

(d) Receive, compile, and transmit to the department of	4595
mental health applications for state reimbursement;	4596

(e) Promote, arrange, and implement working agreements with	4597
social agencies, both public and private, and with judicial	4598
agencies.	4599

(2) Investigate, or request another agency to investigate,	4600
any complaint alleging abuse or neglect of any person receiving	4601
services from a community mental health agency as defined in	4602
section 5122.01 of the Revised Code, or from a residential	4603
facility licensed under section 5119.22 of the Revised Code. If	4604
the investigation substantiates the charge of abuse or neglect,	4605
the board shall take whatever action it determines is necessary to	4606
correct the situation, including notification of the appropriate	4607
authorities. Upon request, the board shall provide information	4608
about such investigations to the department.	4609

(3) For the purpose of section 5119.611 of the Revised Code,	4610
cooperate with the director of mental health in visiting and	4611
evaluating whether the services of a community mental health	4612
agency satisfy the certification standards established by rules	4613
adopted under that section;	4614

(4) In accordance with criteria established under division	4615
(G) of section 5119.61 of the Revised Code, review and evaluate	4616
the quality, effectiveness, and efficiency of services provided	4617
through its community mental health plan and submit its findings	4618
and recommendations to the department of mental health;	4619

(5) In accordance with section 5119.22 of the Revised Code,	4620
review applications for residential facility licenses and	4621
recommend to the department of mental health approval or	4622
disapproval of applications;	4623

(6) Audit, in accordance with rules adopted by the auditor of	4624
state pursuant to section 117.20 of the Revised Code, at least	4625
annually all programs and services provided under contract with	4626
the board. In so doing, the board may contract for or employ the	4627
services of private auditors. A copy of the fiscal audit report	4628
shall be provided to the director of mental health, the auditor of	4629
state, and the county auditor of each county in the board's	4630
district.	4631

(7) Recruit and promote local financial support for mental	4632
health programs from private and public sources;	4633

(8)(a) Enter into contracts with public and private	4634
facilities for the operation of facility services included in the	4635
board's community mental health plan and enter into contracts with	4636
public and private community mental health agencies for the	4637
provision of community mental health services that are listed in	4638
section 340.09 of the Revised Code and included in the board's	4639
community mental health plan. ContractsThe board may not contract	4640
with a community mental health agencies are subjectagency to	4641
provide community mental health services included in the board's	4642
community mental health plan unless the services are certified by	4643
the director of mental health under section 5119.611 of the	4644
Revised Code. Section 307.86 of the Revised Code does not apply to	4645
contracts entered into under this division. In contracting with a	4646
community mental health agency, a board shall consider the cost	4647
effectiveness of services provided by that agency and the quality	4648
and continuity of care, and may review cost elements, including	4649
salary costs, of the services to be provided. A utilization review	4650
process shall be established as part of the contract for services	4651
entered into between a board and a community mental health agency.	4652
The board may establish this process in a way that is most	4653
effective and efficient in meeting local needs. In the case of a	4654
contract with a community mental health facility, as defined in	4655
section 5111.023 of the Revised Code, to provide services listed	4656
in division (B) of that section, the contract shall provide for	4657
the facility to be paid in accordance with the contract entered	4658
into between the departments of job and family services and mental	4659
health under section 5111.91 of the Revised Code and any rules	4660
adopted under division (A) of section 5119.61 of the Revised Code.	4661

If either the board or a facility or community mental health	4662
agency with which the board contracts under division (A)(8)(a) of	4663
this section proposes not to renew the contract or proposes	4664
substantial changes in contract terms, the other party shall be	4665
given written notice at least one hundred twenty days before the	4666
expiration date of the contract. During the first sixty days of	4667
this one hundred twenty-day period, both parties shall attempt to	4668
resolve any dispute through good faith collaboration and	4669
negotiation in order to continue to provide services to persons in	4670
need. If the dispute has not been resolved sixty days before the	4671
expiration date of the contract, either party may notify the	4672
department of mental health of the unresolved dispute. The	4673
director may require both parties to submit the dispute to a third	4674
party with the cost to be shared by the board and the facility or	4675
community mental health agency. The third party shall issue to the	4676
board, the facility or agency, and the department recommendations	4677
on how the dispute may be resolved twenty days prior to the	4678
expiration date of the contract, unless both parties agree to a	4679
time extension. The director shall adopt rules establishing the	4680
procedures of this dispute resolution process.	4681

(b) With the prior approval of the director of mental health,	4682
a board may operate a facility or provide a community mental	4683
health service as follows, if there is no other qualified private	4684
or public facility or community mental health agency that is	4685
immediately available and willing to operate such a facility or	4686
provide the service:	4687

(i) In an emergency situation, any board may operate a	4688
facility or provide a community mental health service in order to	4689
provide essential services for the duration of the emergency;	4690

(ii) In a service district with a population of at least one	4691
hundred thousand but less than five hundred thousand, a board may	4692
operate a facility or provide a community mental health service	4693
for no longer than one year;	4694

(iii) In a service district with a population of less than	4695
one hundred thousand, a board may operate a facility or provide a	4696
community mental health service for no longer than one year,	4697
except that such a board may operate a facility or provide a	4698
community mental health service for more than one year with the	4699
prior approval of the director and the prior approval of the board	4700
of county commissioners, or of a majority of the boards of county	4701
commissioners if the district is a joint-county district.	4702

The director shall not give a board approval to operate a	4703
facility or provide a community mental health service under	4704
division (A)(8)(b)(ii) or (iii) of this section unless the	4705
director determines that it is not feasible to have the department	4706
operate the facility or provide the service.	4707

The director shall not give a board approval to operate a	4708
facility or provide a community mental health service under	4709
division (A)(8)(b)(iii) of this section unless the director	4710
determines that the board will provide greater administrative	4711
efficiency and more or better services than would be available if	4712
the board contracted with a private or public facility or	4713
community mental health agency.	4714

The director shall not give a board approval to operate a	4715
facility previously operated by a person or other government	4716
entity unless the board has established to the director's	4717
satisfaction that the person or other government entity cannot	4718
effectively operate the facility or that the person or other	4719
government entity has requested the board to take over operation	4720
of the facility. The director shall not give a board approval to	4721
provide a community mental health service previously provided by a	4722
community mental health agency unless the board has established to	4723
the director's satisfaction that the agency cannot effectively	4724
provide the service or that the agency has requested the board	4725
take over providing the service.	4726

The director shall review and evaluate a board's operation of	4727
a facility and provision of community mental health service under	4728
division (A)(8)(b) of this section.	4729

Nothing in division (A)(8)(b) of this section authorizes a	4730
board to administer or direct the daily operation of any facility	4731
or community mental health agency, but a facility or agency may	4732
contract with a board to receive administrative services or staff	4733
direction from the board under the direction of the governing body	4734
of the facility or agency.	4735

(9) Approve fee schedules and related charges or adopt a unit	4736
cost schedule or other methods of payment for contract services	4737
provided by community mental health agencies in accordance with	4738
guidelines issued by the department as necessary to comply with	4739
state and federal laws pertaining to financial assistance;	4740

(10) Submit to the director and the county commissioners of	4741
the county or counties served by the board, and make available to	4742
the public, an annual report of the programs under the	4743
jurisdiction of the board, including a fiscal accounting;	4744

(11) Establish, to the extent resources are available, a	4745
community support system, which provides for treatment, support,	4746
and rehabilitation services and opportunities. The essential	4747
elements of the system include, but are not limited to, the	4748
following components in accordance with section 5119.06 of the	4749
Revised Code:	4750

(a) To locate persons in need of mental health services to	4751
inform them of available services and benefits mechanisms;	4752

(b) Assistance for clients to obtain services necessary to	4753
meet basic human needs for food, clothing, shelter, medical care,	4754
personal safety, and income;	4755

(c) Mental health care, including, but not limited to,	4756
outpatient, partial hospitalization, and, where appropriate,	4757
inpatient care;	4758

(d) Emergency services and crisis intervention;

4759

(e) Assistance for clients to obtain vocational services and	4760
opportunities for jobs;	4761

(f) The provision of services designed to develop social,	4762
community, and personal living skills;	4763

(g) Access to a wide range of housing and the provision of	4764
residential treatment and support;	4765

(h) Support, assistance, consultation, and education for	4766
families, friends, consumers of mental health services, and	4767
others;	4768

(i) Recognition and encouragement of families, friends,	4769
neighborhood networks, especially networks that include racial and	4770
ethnic minorities, churches, community organizations, and	4771
meaningful employment as natural supports for consumers of mental	4772
health services;	4773

(j) Grievance procedures and protection of the rights of	4774
consumers of mental health services;	4775

(k) Case management, which includes continual individualized	4776
assistance and advocacy to ensure that needed services are offered	4777
and procured.	4778

(12) Designate the treatment program, agency, or facility for	4779
each person involuntarily committed to the board pursuant to	4780
Chapter 5122. of the Revised Code and authorize payment for such	4781
treatment. The board shall provide the least restrictive and most	4782
appropriate alternative that is available for any person	4783
involuntarily committed to it and shall assure that the services	4784
listed in section 340.09 of the Revised Code are available to	4785
severely mentally disabled persons residing within its service	4786
district. The board shall establish the procedure for authorizing	4787
payment for services, which may include prior authorization in	4788
appropriate circumstances. The board may provide for services	4789
directly to a severely mentally disabled person when life or	4790
safety is endangered and when no community mental health agency is	4791
available to provide the service.	4792

(13) Establish a method for evaluating referrals for	4793
involuntary commitment and affidavits filed pursuant to section	4794
5122.11 of the Revised Code in order to assist the probate	4795
division of the court of common pleas in determining whether there	4796
is probable cause that a respondent is subject to involuntary	4797
hospitalization and what alternative treatment is available and	4798
appropriate, if any;	4799

(14) Ensure that apartments or rooms built, subsidized,	4800
renovated, rented, owned, or leased by the board or a community	4801
mental health agency have been approved as meeting minimum fire	4802
safety standards and that persons residing in the rooms or	4803
apartments are receiving appropriate and necessary services,	4804
including culturally relevant services, from a community mental	4805
health agency. This division does not apply to residential	4806
facilities licensed pursuant to section 5119.22 of the Revised	4807
Code.	4808

(15) Establish a mechanism for involvement of consumer	4809
recommendation and advice on matters pertaining to mental health	4810
services in the alcohol, drug addiction, and mental health service	4811
district;	4812

(16) Perform the duties under section 3722.18 of the Revised	4813
Code required by rules adopted under section 5119.61 of the	4814
Revised Code regarding referrals by the board or mental health	4815
agencies under contract with the board of individuals with mental	4816
illness or severe mental disability to adult care facilities and	4817
effective arrangements for ongoing mental health services for the	4818
individuals. The board is accountable in the manner specified in	4819
the rules for ensuring that the ongoing mental health services are	4820
effectively arranged for the individuals.	4821

(B) The board shall establish such rules, operating	4822
procedures, standards, and bylaws, and perform such other duties	4823
as may be necessary or proper to carry out the purposes of this	4824
chapter.	4825

(C) A board of alcohol, drug addiction, and mental health	4826
services may receive by gift, grant, devise, or bequest any	4827
moneys, lands, or property for the benefit of the purposes for	4828
which the board is established, and may hold and apply it	4829
according to the terms of the gift, grant, or bequest. All money	4830
received, including accrued interest, by gift, grant, or bequest	4831
shall be deposited in the treasury of the county, the treasurer of	4832
which is custodian of the alcohol, drug addiction, and mental	4833
health services funds to the credit of the board and shall be	4834
available for use by the board for purposes stated by the donor or	4835
grantor.	4836

(D) No board member or employee of a board of alcohol, drug	4837
addiction, and mental health services shall be liable for injury	4838
or damages caused by any action or inaction taken within the scope	4839
of the board member's official duties or the employee's	4840
employment, whether or not such action or inaction is expressly	4841
authorized by this section, section 340.033, or any other section	4842
of the Revised Code, unless such action or inaction constitutes	4843
willful or wanton misconduct. Chapter 2744. of the Revised Code	4844
applies to any action or inaction by a board member or employee of	4845
a board taken within the scope of the board member's official	4846
duties or employee's employment. For the purposes of this	4847
division, the conduct of a board member or employee shall not be	4848
considered willful or wanton misconduct if the board member or	4849
employee acted in good faith and in a manner that the board member	4850
or employee reasonably believed was in or was not opposed to the	4851
best interests of the board and, with respect to any criminal	4852
action or proceeding, had no reasonable cause to believe the	4853
conduct was unlawful.	4854

(E) The meetings held by any committee established by a board	4855
of alcohol, drug addiction, and mental health services shall be	4856
considered to be meetings of a public body subject to section	4857
121.22 of the Revised Code.	4858

Sec. 340.09.  The department of mental health shall provide	4859
assistance to any county for the operation of boards of alcohol,	4860
drug addiction, and mental health services and the provision of	4861
the following services from funds appropriated for that purpose by	4862
the general assembly:	4863

(A) Outpatient;

4864

(B) Inpatient;

4865

(C) Partial hospitalization;

4866

(D) Rehabilitation;

4867

(E) Consultation;

4868

(F) Mental health education and other preventive services;

4869

(G) Emergency;

4870

(H) Crisis intervention;

4871

(I) Research;

4872

(I)(J) Administrative;

4873

(J)(K) Referral and information;

4874

(K)(L) Residential;

4875

(L)(M) Training;

4876

(M)(N) Substance abuse;

4877

(N)(O) Service and program evaluation;

4878

(O)(P) Community support system;

4879

(P)(Q) Case management;

4880

(Q)(R) Residential housing;

4881

(R)(S) Other services approved by the board and the director	4882
of mental health.	4883

Sec. 340.12.  No board of alcohol, drug addiction, and mental	4884
health services or any agency, corporation, or association under	4885
contract with such a board shall discriminate in the provision of	4886
services under its authority, in employment, or contract on the	4887
basis of race, color, sex, creed, disability, or national origin,	4888
or the inability to pay.	4889

Each board, each community mental health agency, and each	4890
alcohol and drug addiction program shall have a written	4891
affirmative action program. The affirmative action program shall	4892
include goals for the employment and effective utilization of,	4893
including contracts with, members of economically disadvantaged	4894
groups as defined in division (E)(1) of section 122.71 of the	4895
Revised Code in percentages reflecting as nearly as possible the	4896
composition of the alcohol, drug addiction, and mental health	4897
service district served by the board. Each board, agency, and	4898
program shall file a description of the affirmative action program	4899
and a progress report on its implementation with the department of	4900
mental health or the department of alcohol and drug addiction	4901
services.	4902

Sec. 715.70.  (A) This section and section 715.71 of the	4903
Revised Code apply only to:	4904

(1) Municipal corporations and townships within a county that	4905
has adopted a charter under Sections 3 and 4 of Article X, Ohio	4906
Constitution;	4907

(2) Municipal corporations and townships that have created a	4908
joint economic development district comprised entirely of real	4909
property owned by a municipal corporation at the time the district	4910
was created under this section. The real property owned by the	4911
municipal corporation shall include an airport owned by the	4912
municipal corporation and located entirely beyond the municipal	4913
corporation's corporate boundary.	4914

(3) Municipal corporations or townships that are part of or	4915
contiguous to a transportation improvement district created under	4916
Chapter 5540. of the Revised Code and that have created a joint	4917
economic development district under this section or section 715.71	4918
of the Revised Code prior to November 15, 1995;	4919

(4) Municipal corporations that have previously entered into	4920
a contract creating a joint economic development district pursuant	4921
to division (A)(2) of this section, even if the territory to be	4922
included in the district does not meet the requirements of that	4923
division.	4924

(B)(1) One or more municipal corporations and one or more	4925
townships may enter into a contract approved by the legislative	4926
authority of each contracting party pursuant to which they create	4927
as a joint economic development district an area or areas for the	4928
purpose of facilitating economic development to create or preserve	4929
jobs and employment opportunities and to improve the economic	4930
welfare of the people in the state and in the area of the	4931
contracting parties. A municipal corporation described in division	4932
(A)(4) of this section may enter into a contract with other	4933
municipal corporations and townships to create a new joint	4934
economic development district. In a district that includes a	4935
municipal corporation described in division (A)(4) of this	4936
section, the territory of each of the contracting parties shall be	4937
contiguous to the territory of at least one other contracting	4938
party, or contiguous to the territory of a township or municipal	4939
corporation that is contiguous to another contracting party, even	4940
if the intervening township or municipal corporation is not a	4941
contracting party. The area or areas of land to be included in the	4942
district shall not include any parcel of land owned in fee by a	4943
municipal corporation or a township or parcel of land that is	4944
leased to a municipal corporation or a township, unless the	4945
municipal corporation or township is a party to the contract or	4946
unless the municipal corporation or township has given its consent	4947
to have its parcel of land included in the district by the	4948
adoption of a resolution. As used in this division, "parcel of	4949
land" means any parcel of land owned by a municipal corporation or	4950
a township for at least a six-month period within a five-year	4951
period prior to the creation of a district, but "parcel of land"	4952
does not include streets or public ways and sewer, water, and	4953
other utility lines whether owned in fee or otherwise.	4954

The district created shall be located within the territory of	4955
one or more of the participating parties and may consist of all or	4956
a portion of such territory. The boundaries of the district shall	4957
be described in the contract or in an addendum to the contract.	4958

(2) Prior to the public hearing to be held pursuant to	4959
division (D)(2) of this section, the participating parties shall	4960
give a copy of the proposed contract to each municipal corporation	4961
located within one-quarter mile of the proposed joint economic	4962
development district and not otherwise a party to the contract,	4963
and afford the municipal corporation the reasonable opportunity,	4964
for a period of thirty days following receipt of the proposed	4965
contract, to make comments and suggestions to the participating	4966
parties regarding elements contained in the proposed contract.	4967

(3) The district shall not exceed two thousand acres in area.	4968
The territory of the district shall not completely surround	4969
territory that is not included within the boundaries of the	4970
district.	4971

(4) Sections 503.07 to 503.12 of the Revised Code do not	4972
apply to territory included within a district created pursuant to	4973
this section as long as the contract creating the district is in	4974
effect, unless the legislative authority of each municipal	4975
corporation and the board of township trustees of each township	4976
included in the district consent, by ordinance or resolution, to	4977
the application of those sections of the Revised Code.	4978

(5) Upon the execution of the contract creating the district	4979
by the parties to the contract, a participating municipal	4980
corporation or township included within the district shall file a	4981
copy of the fully executed contract with the county recorder of	4982
each county within which a party to the contract is located, in	4983
the miscellaneous records of the county. No annexation proceeding	4984
pursuant to Chapter 709. of the Revised Code that proposes the	4985
annexation to, merger, or consolidation with a municipal	4986
corporation of any unincorporated territory within the district	4987
shall be commenced for a period of three years after the contract	4988
is filed with the county recorder of each county within which a	4989
party to the contract is located unless each board of township	4990
trustees whose territory is included, in whole or part, within the	4991
district and the territory proposed to be annexed, merged, or	4992
consolidated adopts a resolution consenting to the commencement of	4993
the proceeding and a copy of the resolution is filed with the	4994
legislative authority of each county within which a party to the	4995
contract is located or unless the contract is terminated during	4996
this period.	4997

The contract entered into between the municipal corporations	4998
and townships pursuant to this section may provide for the	4999
prohibition of any annexation by the participating municipal	5000
corporations of any unincorporated territory within the district	5001
beyond the three-year mandatory prohibition of any annexation	5002
provided for in division (B)(5) of this section.	5003

(C)(1) After the legislative authority of a municipal	5004
corporation and the board of township trustees have adopted an	5005
ordinance and resolution approving a contract to create a joint	5006
economic development district pursuant to this section, and after	5007
a contract has been signed, the municipal corporations and	5008
townships shall jointly file a petition with the legislative	5009
authority of each county within which a party to the contract is	5010
located.	5011

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

5012

(i) A statement that the area or areas of the district is not	5013
greater than two thousand acres and is located within the	5014
territory of one or more of the contracting parties;	5015

(ii) A brief summary of the services to be provided by each	5016
party to the contract or a reference to the portion of the	5017
contract describing those services;	5018

(iii) A description of the area or areas to be designated as	5019
the district;	5020

(iv) The signature of a representative of each of the	5021
contracting parties.	5022

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

5023

(i) A signed copy of the contract, together with copies of	5024
district maps and plans related to or part of the contract;	5025

(ii) A certified copy of the ordinances and resolutions of	5026
the contracting parties approving the contract;	5027

(iii) A certificate from each of the contracting parties	5028
indicating that the public hearings required by division (D)(2) of	5029
this section have been held, the date of the hearings, and	5030
evidence of publication of the notice of the hearings;	5031

(iv) One or more signed statements of persons who are owners	5032
of property located in whole or in part within the area to be	5033
designated as the district, requesting that the property be	5034
included within the district, provided that those statements shall	5035
represent a majority of the persons owning property located in	5036
whole or in part within the district and persons owning a majority	5037
of the acreage located within the district. A signature may be	5038
withdrawn by the signer up to but not after the time of the public	5039
hearing required by division (D)(2) of this section.	5040

(2) The legislative authority of each county within which a	5041
party to the contract is located shall adopt a resolution	5042
approving the petition for the creation of the district if the	5043
petition and other documents have been filed in accordance with	5044
the requirements of division (C)(1) of this section. If the	5045
petition and other documents do not substantially meet the	5046
requirements of that division, the legislative authority of any	5047
county within which a party to the contract is located may adopt a	5048
resolution disapproving the petition for the creation of the	5049
district. The legislative authority of each county within which a	5050
party to the contract is located shall adopt a resolution	5051
approving or disapproving the petition within thirty days after	5052
the petition was filed. If the legislative authority of each such	5053
county does not adopt the resolution within the thirty-day period,	5054
the petition shall be deemed approved and the contract shall go	5055
into effect immediately after that approval or at such other time	5056
as the contract specifies.	5057

(D)(1) The contract creating the district shall set forth or	5058
provide for the amount or nature of the contribution of each	5059
municipal corporation and township to the development and	5060
operation of the district and may provide for the sharing of the	5061
costs of the operation of and improvements for the district. The	5062
contributions may be in any form to which the contracting	5063
municipal corporations and townships agree and may include but are	5064
not limited to the provision of services, money, real or personal	5065
property, facilities, or equipment. The contract may provide for	5066
the contracting parties to share revenue from taxes levied on	5067
property by one or more of the contracting parties if those	5068
revenues may lawfully be applied to that purpose under the	5069
legislation by which those taxes are levied. The contract shall	5070
provide for new, expanded, or additional services, facilities, or	5071
improvements, including expanded or additional capacity for or	5072
other enhancement of existing services, facilities, or	5073
improvements, provided that those services, facilities, or	5074
improvements, or expanded or additional capacity for or	5075
enhancement of existing services, facilities, or improvements,	5076
required herein have been provided within the two-year period	5077
prior to the execution of the contract.	5078

(2) Before the legislative authority of a municipal	5079
corporation or a board of township trustees passes any ordinance	5080
or resolution approving a contract to create a joint economic	5081
development district pursuant to this section, the legislative	5082
authority of the municipal corporation and the board of township	5083
trustees shall each hold a public hearing concerning the joint	5084
economic development district contract and shall provide thirty	5085
days' public notice of the time and place of the public hearing in	5086
a newspaper of general circulation in the municipal corporation	5087
and the township. The board of township trustees may provide	5088
additional notice to township residents in accordance with section	5089
9.03 of the Revised Code, and any additional notice shall include	5090
the public hearing announcement; a summary of the terms of the	5091
contract; a statement that the entire text of the contract and	5092
district maps and plans are on file for public examination in the	5093
office of the township fiscal officer; and information pertaining	5094
to any tax changes that will or may occur as a result of the	5095
contract.	5096

During the thirty-day period prior to the public hearing, a	5097
copy of the text of the contract together with copies of district	5098
maps and plans related to or part of the contract shall be on	5099
file, for public examination, in the offices of the clerk of the	5100
legislative authority of the municipal corporation and of the	5101
township fiscal officer. The public hearing provided for in	5102
division (D)(2) of this section shall allow for public comment and	5103
recommendations from the public on the proposed contract. The	5104
contracting parties may include in the contract any of those	5105
recommendations prior to the approval of the contract.	5106

(3) Any resolution of the board of township trustees that	5107
approves a contract that creates a joint economic development	5108
district pursuant to this section shall be subject to a referendum	5109
of the electors of the township. When a referendum petition,	5110
signed by ten per cent of the number of electors in the township	5111
who voted for the office of governor at the most recent general	5112
election for the office of governor, is presented to the board of	5113
township trustees within thirty days after the board of township	5114
trustees adopted the resolution, ordering that the resolution be	5115
submitted to the electors of the township for their approval or	5116
rejection, the board of township trustees shall, after ten days	5117
and not later than four p.m. of the seventy-fifth day before the	5118
election, certify the text of the resolution to the board of	5119
elections. The board of elections shall submit the resolution to	5120
the electors of the township for their approval or rejection at	5121
the next general, primary, or special election occurring	5122
subsequent to seventy-five days after the certifying of the	5123
petition to the board of elections.	5124

(4) Upon the creation of a district under this section or	5125
section 715.71 of the Revised Code, one of the contracting parties	5126
shall file a copy of the following with the director of	5127
development:	5128

(a) The petition and other documents described in division	5129
(C)(1) of this section, if the district is created under this	5130
section;	5131

(b) The documents described in division (D) of section 715.71	5132
of the Revised Code, if the district is created under this	5133
section.	5134

(E) The district created by the contract shall be governed by	5135
a board of directors that shall be established by or pursuant to	5136
the contract. The board is a public body for the purposes of	5137
section 121.22 of the Revised Code. The provisions of Chapter	5138
2744. of the Revised Code apply to the board and the district. The	5139
members of the board shall be appointed as provided in the	5140
contract from among the elected members of the legislative	5141
authorities and the elected chief executive officers of the	5142
contracting parties, provided that there shall be at least two	5143
members appointed from each of the contracting parties.	5144

(F) The contract shall enumerate the specific powers, duties,	5145
and functions of the board of directors of a district, and the	5146
contract shall provide for the determination of procedures that	5147
are to govern the board of directors. The contract may grant to	5148
the board the power to adopt a resolution to levy an income tax	5149
within the district. The income tax shall be used for the purposes	5150
of the district and for the purposes of the contracting municipal	5151
corporations and townships pursuant to the contract. The income	5152
tax may be levied in the district based on income earned by	5153
persons working or residing within the district and based on the	5154
net profits of businesses located in the district. The income tax	5155
shall follow the provisions of Chapter 718. of the Revised Code,	5156
except that a vote shall be required by the electors residing in	5157
the district to approve the rate of income tax. If no electors	5158
reside within the district, then division (F)(4) of this section	5159
applies. The rate of the income tax shall be no higher than the	5160
highest rate being levied by a municipal corporation that is a	5161
party to the contract.	5162

(1) Within one hundred eighty days after the first meeting of	5163
the board of directors, the board may levy an income tax, provided	5164
that the rate of the income tax is first submitted to and approved	5165
by the electors of the district at the succeeding regular or	5166
primary election, or a special election called by the board,	5167
occurring subsequent to seventy-five days after a certified copy	5168
of the resolution levying the income tax and calling for the	5169
election is filed with the board of elections. If the voters	5170
approve the levy of the income tax, the income tax shall be in	5171
force for the full period of the contract establishing the	5172
district. Any increase in the rate of an income tax that was first	5173
levied within one hundred eighty days after the first meeting of	5174
the board of directors shall be approved by a vote of the electors	5175
of the district, shall be in force for the remaining period of the	5176
contract establishing the district, and shall not be subject to	5177
division (F)(2) of this section.	5178

(2) Any resolution of the board of directors levying an	5179
income tax that is adopted subsequent to one hundred eighty days	5180
after the first meeting of the board of directors shall be subject	5181
to a referendum as provided in division (F)(2) of this section.	5182
Any resolution of the board of directors levying an income tax	5183
that is adopted subsequent to one hundred eighty days after the	5184
first meeting of the board of directors shall be subject to an	5185
initiative proceeding to amend or repeal the resolution levying	5186
the income tax as provided in division (F)(2) of this section.	5187
When a referendum petition, signed by ten per cent of the number	5188
of electors in the district who voted for the office of governor	5189
at the most recent general election for the office of governor, is	5190
filed with the county auditor of each county within which a party	5191
to the contract is located within thirty days after the resolution	5192
is adopted by the board or when an initiative petition, signed by	5193
ten per cent of the number of electors in the district who voted	5194
for the office of governor at the most recent general election for	5195
the office of governor, is filed with the county auditor of each	5196
such county ordering that a resolution to amend or repeal a prior	5197
resolution levying an income tax be submitted to the electors	5198
within the district for their approval or rejection, the county	5199
auditor of each such county, after ten days and not later than	5200
four p.m. of the seventy-fifth day before the election, shall	5201
certify the text of the resolution to the board of elections of	5202
that county. The county auditor of each such county shall retain	5203
the petition. The board of elections shall submit the resolution	5204
to such electors, for their approval or rejection, at the next	5205
general, primary, or special election occurring subsequent to	5206
seventy-five days after the certifying of such petition to the	5207
board of elections.	5208

(3) Whenever a district is located in the territory of more	5209
than one contracting party, a majority vote of the electors, if	5210
any, in each of the several portions of the territory of the	5211
contracting parties constituting the district approving the levy	5212
of the tax is required before it may be imposed pursuant to this	5213
division.	5214

(4) If there are no electors residing in the district, no	5215
election for the approval or rejection of an income tax shall be	5216
held pursuant to this section, provided that where no electors	5217
reside in the district, the maximum rate of the income tax that	5218
may be levied shall not exceed one per cent.	5219

(5) The board of directors of a district levying an income	5220
tax shall enter into an agreement with one of the municipal	5221
corporations that is a party to the contract to administer,	5222
collect, and enforce the income tax on behalf of the district. The	5223
resolution levying the income tax shall provide the same credits,	5224
if any, to residents of the district for income taxes paid to	5225
other such districts or municipal corporations where the residents	5226
work, as credits provided to residents of the municipal	5227
corporation administering the income tax.	5228

(6)(a) The board shall publish or post public notice within	5229
the district of any resolution adopted levying an income tax in	5230
the same manner required of municipal corporations under sections	5231
731.21 and 731.25 of the Revised Code.	5232

(b) Except as otherwise specified by this division, any	5233
referendum or initiative proceeding within a district shall be	5234
conducted in the same manner as is required for such proceedings	5235
within a municipal corporation pursuant to sections 731.28 to	5236
731.40 of the Revised Code.	5237

(G) Membership on the board of directors does not constitute	5238
the holding of a public office or employment within the meaning of	5239
any section of the Revised Code or any charter provision	5240
prohibiting the holding of other public office or employment, and	5241
shall not constitute an interest, either direct or indirect, in a	5242
contract or expenditure of money by any municipal corporation,	5243
township, county, or other political subdivision with which the	5244
member may be connected. No member of a board of directors shall	5245
be disqualified from holding any public office or employment, nor	5246
shall such member forfeit or be disqualified from holding any such	5247
office or employment, by reason of the member's membership on the	5248
board of directors, notwithstanding any law or charter provision	5249
to the contrary.	5250

(H) The powers and authorizations granted pursuant to this	5251
section or section 715.71 of the Revised Code are in addition to	5252
and not in derogation of all other powers granted to municipal	5253
corporations and townships pursuant to law. When exercising a	5254
power or performing a function or duty under a contract authorized	5255
pursuant to this section or section 715.71 of the Revised Code, a	5256
municipal corporation may exercise all of the powers of a	5257
municipal corporation, and may perform all the functions and	5258
duties of a municipal corporation, within the district, pursuant	5259
to and to the extent consistent with the contract. When exercising	5260
a power or performing a function or duty under a contract	5261
authorized pursuant to this section or section 715.71 of the	5262
Revised Code, a township may exercise all of the powers of a	5263
township, and may perform all the functions and duties of a	5264
township, within the district, pursuant to and to the extent	5265
consistent with the contract. The district board of directors has	5266
no powers except those specifically set forth in the contract as	5267
agreed to by the participating parties. No political subdivision	5268
shall authorize or grant any tax exemption pursuant to Chapter	5269
1728. or section 3735.67, 5709.62, 5709.63, or 5709.632 of the	5270
Revised Code on any property located within the district, except	5271
that a political subdivision that is a contracting party may grant	5272
a tax exemption under section 5709.62, 5709.63, or 5709.632 of the	5273
Revised Code on property located within the district, withwithout	5274
the consent of the other contracting parties. The prohibition for	5275
any tax exemption pursuant to this division shall not apply to any	5276
exemption filed, pending, or approved, or for which an agreement	5277
has been entered into, before the effective date of the contract	5278
entered into by the parties.	5279

(I) Municipal corporations and townships may enter into	5280
binding agreements pursuant to a contract authorized under this	5281
section or section 715.71 of the Revised Code with respect to the	5282
substance and administration of zoning and other land use	5283
regulations, building codes, public permanent improvements, and	5284
other regulatory and proprietary matters that are determined,	5285
pursuant to the contract, to be for a public purpose and to be	5286
desirable with respect to the operation of the district or to	5287
facilitate new or expanded economic development in the state or	5288
the district, provided that no contract shall exempt the territory	5289
within the district from the procedures and processes of land use	5290
regulation applicable pursuant to municipal corporation, township,	5291
and county regulations, including but not limited to procedures	5292
and processes concerning zoning.	5293

(J) A contract entered into pursuant to this section or	5294
section 715.71 of the Revised Code may be amended and it may be	5295
renewed, canceled, or terminated as provided in or pursuant to the	5296
contract. The contract may be amended to add property owned by one	5297
of the contracting parties to the district, or may be amended to	5298
delete property from the district whether or not one of the	5299
contracting parties owns the deleted property. The contract shall	5300
continue in existence throughout its term and shall be binding on	5301
the contracting parties and on any entities succeeding to such	5302
parties, whether by annexation, merger, or otherwise. The income	5303
tax levied by the board pursuant to this section or section 715.71	5304
of the Revised Code shall apply in the entire district throughout	5305
the term of the contract, notwithstanding that all or a portion of	5306
the district becomes subject to annexation, merger, or	5307
incorporation. No township or municipal corporation is divested of	5308
its rights or obligations under the contract because of	5309
annexation, merger, or succession of interests.	5310

(K) After the creation of a joint economic development	5311
district described in division (A)(2) of this section, a municipal	5312
corporation that is a contracting party may cease to own property	5313
included in the district, but such property shall continue to be	5314
included in the district and subject to the terms of the contract.	5315

Sec. 715.81.  The powers granted under sections 715.72 to	5316
715.81 of the Revised Code are in addition to and not in the	5317
derogation of all other powers granted to municipal corporations	5318
and townships pursuant to law. When exercising a power or	5319
performing a function or duty under a contract entered into under	5320
section 715.72 of the Revised Code, a municipal corporation may	5321
exercise all of the powers of a municipal corporation, and may	5322
perform all the functions and duties of a municipal corporation,	5323
within the joint economic development district, pursuant to and to	5324
the extent consistent with the contract. When exercising a power	5325
or performing a function or duty under a contract entered into	5326
under either section 715.72 or section 715.691 of the Revised	5327
Code, a township may exercise all of the powers of a township, and	5328
may perform all the functions and duties of a township, within the	5329
joint economic development district, or joint economic development	5330
zone that is subject to division (I)(2) of section 715.691 of the	5331
Revised Code, pursuant to and to the extent consistent with the	5332
contract. No political subdivision shall grant any tax exemption	5333
under Chapter 1728. or section 3735.67, 5709.62, 5709.63, or	5334
5709.632 of the Revised Code on any property located within the	5335
district, or zone that is subject to division (I)(2) of section	5336
715.691 of the Revised Code, except that a political subdivision	5337
that is a contracting party may grant a tax exemption under	5338
section 5709.62, 5709.63, or 5709.632 of the Revised Code on	5339
property located within the district, or zone that is subject to	5340
division (I)(2) of section 715.691 of the Revised Code, with	5341
without the consent of the other contracting parties. The	5342
prohibition against granting a tax exemption under this section	5343
does not apply to any exemption filed, pending, or approved before	5344
the effective date of the contract entered into under either	5345
section 715.72 or section 715.691 of the Revised Code.	5346

Sec. 1520.02.  (A) The director of natural resources has	5347
exclusive authority to administer, manage, and establish policies	5348
governing canal lands.	5349

(B)(1) Except as provided in division (C) of this section,	5350
the director may sell, lease, exchange, give, or grant all or part	5351
of the state's interest in any canal lands in accordance with	5352
section 1501.01 of the Revised Code. The director may stipulate	5353
that an appraisal or survey need not be conducted for, and may	5354
establish any terms or conditions that the director determines	5355
appropriate for, any such conveyance.	5356

Prior to proposing the conveyance of any canal lands, the	5357
director shall consider the local government needs and economic	5358
development potential with respect to the canal lands and the	5359
recreational, ecological, and historical value of the canal lands.	5360
In addition, the conveyance of canal lands shall be conducted in	5361
accordance with the director's policies governing the protection	5362
and conservation of canal lands established under this section.	5363

(2) With regard to canal lands, the chief of the division of	5364
water, with the approval of the director, may sell, lease, or	5365
transfer minerals or mineral rights when the chief and the	5366
director determine that the sale, lease, or transfer is in the	5367
best interest of the state. Consideration for minerals and mineral	5368
rights shall be by rental or on a royalty basis as prescribed by	5369
the chief and payable as prescribed by contract. Moneys collected	5370
under division (B)(2) of this section shall be paid into the state	5371
treasury to the credit of the canal lands fund created in section	5372
1520.05 of the Revised Code.	5373

(C)(1) Not later than one year after July 1, 1989, the	5374
director of transportation and the director of the Ohio historical	5375
society shall identify all canal lands that are or may be of use	5376
to any program operated by the department of transportation or the	5377
Ohio historical society, respectively, and shall notify the	5378
director of natural resources of those lands. The director of	5379
natural resources may transfer any canal lands so identified to	5380
the exclusive care, custody, and control of the department of	5381
transportation or the Ohio historical society, as applicable, by	5382
means of a departmental transfer not later than six months after	5383
receiving notification under division (C)(1) of this section.	5384

(2) The director of natural resources may transfer to the	5385
Ohio historical society any equipment, maps, and records used on	5386
or related to canal lands that are of historical interest and that	5387
are not needed by the director to administer this chapter.	5388

(D) If the director of natural resources determines that any	5389
canal lands are a necessary part of a county's drainage or ditch	5390
system and are not needed for any purpose of the department of	5391
natural resources, the director may sell, grant, or otherwise	5392
convey those canal lands to that county in accordance with	5393
division (B) of this section. The board of county commissioners	5394
shall accept the transfer of canal lands.	5395

(E) Notwithstanding any other section of the Revised Code,	5396
the county auditor shall transfer any canal lands conveyed under	5397
this section, and the county recorder shall record the deed for	5398
those lands in accordance with section 317.12 of the Revised Code.	5399
This division does not apply to canal lands transferred under	5400
division (C)(1) of this section.	5401

Sec. 1702.01.  As used in this chapter, unless the context	5402
otherwise requires:	5403

(A) "Corporation" or "domestic corporation" means a nonprofit	5404
corporation formed under the laws of this state, or a business	5405
corporation formed under the laws of this state that, by amendment	5406
to its articles as provided by law, becomes a nonprofit	5407
corporation.	5408

(B) "Foreign corporation" means a nonprofit corporation	5409
formed under the laws of another state.	5410

(C) "Nonprofit corporation" means a domestic or foreign	5411
corporation that is formed otherwise than for the pecuniary gain	5412
or profit of, and whose net earnings or any part of them is not	5413
distributable to, its members, directors, officers, or other	5414
private persons, except that the payment of reasonable	5415
compensation for services rendered and the distribution of assets	5416
on dissolution as permitted by section 1702.49 of the Revised Code	5417
is not pecuniary gain or profit or distribution of net earnings.	5418
In a corporation all of whose members are nonprofit corporations,	5419
distribution to members does not deprive it of the status of a	5420
nonprofit corporation.	5421

(D) "State" means the United States; any state, territory,	5422
insular possession, or other political subdivision of the United	5423
States, including the District of Columbia; any foreign country or	5424
nation; and any province, territory, or other political	5425
subdivision of a foreign country or nation.	5426

(E) "Articles" includes original articles of incorporation,	5427
agreements of merger or consolidation if and only to the extent	5428
that articles of incorporation are adopted or amended in the	5429
agreements, amended articles, and amendments to any of these, and,	5430
in the case of a corporation created before September 1, 1851, the	5431
special charter and any amendments to it made by special act of	5432
the General Assemblygeneral assembly or pursuant to general law.	5433

(F) "Incorporator" means a person who signed the original	5434
articles of incorporation.	5435

(G) "Member" means one having membership rights and	5436
privileges in a corporation in accordance with its articles or	5437
regulations.	5438

(H) "Voting member" means a member possessing voting rights,	5439
either generally or in respect of the particular question	5440
involved, as the case may be.	5441

(I) "Person" includes, but is not limited to, a nonprofit	5442
corporation, a business corporation, a partnership, an	5443
unincorporated society or association, and two or more persons	5444
having a joint or common interest.	5445

(J) The location of the "principal office" of a corporation	5446
is the place named as such in its articles.	5447

(K) "Directors" means the persons vested with the authority	5448
to conduct the affairs of the corporation irrespective of the	5449
name, such as trustees, by which they are designated.	5450

(L) "Insolvent" means that the corporation is unable to pay	5451
its obligations as they become due in the usual course of its	5452
affairs.	5453

(M)(1) Subject to division (M)(2) of this section,	5454
"volunteer" means a director, officer, or agent of a corporation,	5455
or another person associated with a corporation, who satisfies	5456
both of the following:	5457

(a) Performs services for or on behalf of, and under the	5458
authority or auspices of, that corporation;	5459

(b) Does not receive compensation, either directly or	5460
indirectly, for performing those services.	5461

(2) For purposes of division (M)(1) of this section,	5462
"compensation" does not include any of the following:	5463

(a) Actual and necessary expenses that are incurred by a	5464
volunteer in connection with the services performed for a	5465
corporation, and that are reimbursed to the volunteer or otherwise	5466
paid;	5467

(b) Insurance premiums paid on behalf of a volunteer, and	5468
amounts paid or reimbursed, pursuant to division (E) of section	5469
1702.12 of the Revised Code;	5470

(c) Modest perquisites.

5471

(N) "Business corporation" means any entity, as defined in	5472
section 1701.01 of the Revised Code, other than a public benefit	5473
corporation or a mutual benefit corporation, that is organized	5474
pursuant to Chapter 1701. of the Revised Code.	5475

(O) "Mutual benefit corporation" means any corporation	5476
organized under this chapter other than a public benefit	5477
corporation.	5478

(P) "Public benefit corporation" means a corporation that is	5479
recognized as exempt from federal income taxation under section	5480
501(c)(3) of the "Internal Revenue Code of 1986," 100 Stat. 2085,	5481
26 U.S.C. 1, as amended, or is organized for a public or	5482
charitable purpose and that upon dissolution must distribute its	5483
assets to a public benefit corporation, the United States, a state	5484
or any political subdivision of a state, or a person that is	5485
recognized as exempt from federal income taxation under section	5486
501(c)(3) of the "Internal Revenue Code of 1986," as amended.	5487
"Public benefit corporation" does not include a nonprofit	5488
corporation that is organized by one or more municipal	5489
corporations to further a public purpose that is not a charitable	5490
purpose.	5491

(Q) "Authorized communications equipment" means any	5492
communications equipment to which both of the following apply:	5493

(1) The articles, regulations, or bylaws, or the regulations,	5494
constitution, or other fundamental agreement if section 1702.08 of	5495
the Revised Code applies, permit the use of the communications	5496
equipment for the purpose of giving notice of meetings or any	5497
notice required by this chapter, attending and participating in	5498
meetings, giving a copy of any document or transmitting any	5499
writing required or permitted under this chapter, or voting.	5500

(2) The communications equipmentthat provides a	5501
transmission, including, but not limited to, by telephone,	5502
telecopy, or any electronic means, from which it can be determined	5503
that the transmission was authorized by, and accurately reflects	5504
the intention of, the member or director involved and, with	5505
respect to meetings, allows all persons participating in the	5506
meeting to contemporaneously communicate with each other.	5507

Sec. 1702.08.  (A) When an unincorporated society or	5508
association, organized for any of the purposes for which a	5509
corporation could be formed under this chapter, authorizes the	5510
incorporation of that society or association, by the same	5511
procedure and affirmative vote of its voting members that the	5512
regulations, constitution, or other fundamental agreement of the	5513
society or association requires for an amendment to that	5514
fundamental agreement or, if no such vote is specified, by a	5515
majority vote of the voting members present in person or, if	5516
permitted, by mail, by proxy, or by the use of authorized	5517
communications equipment, by mail, or, if permitted, by proxy, at	5518
a duly convened meeting the purpose of which is stated in the	5519
notice of the meeting, then upon the filing of the articles under	5520
section 1702.04 of the Revised Code setting forth those facts and	5521
that the required vote has been obtained, that society or	5522
association shall become a corporation, and the members of the	5523
society or association shall become members of that corporation in	5524
accordance with provisions in the articles to that effect.	5525

(B) All the rights, privileges, immunities, powers,	5526
franchises, and authority, and all the property and obligations of	5527
that unincorporated society or association, shall thereupon pass	5528
to, vest in, and (in the case of liabilities and obligations) be	5529
obligations of the corporation so formed.	5530

Sec. 1702.11.  (A) Without limiting the generality of such	5531
authority, the regulations, whether designated a constitution or	5532
rules, or by some other term, may include provisions with respect	5533
to the following:	5534

(1) The place, if any, and time for holding, the manner of	5535
and authority for calling, giving notice of, and conducting, and	5536
the requirements of a quorum for, meetings of members, or their	5537
elected representatives or delegates;	5538

(2) The qualifications, admission, voluntary withdrawal,	5539
censure, and suspension of members, and the termination of	5540
membership;	5541

(3) The fees and dues of members;

5542

(4) The rights of members or classes of members, or of their	5543
elected representatives or delegates, to vote; the manner of	5544
conducting votes of members on matters, including any right to	5545
votevoting by mail, by the use of authorized communications	5546
equipment, if permitted by this chapter, or by proxy; the	5547
specification of the relative rights and privileges among members	5548
and in the property of the corporation; and limitations upon or	5549
regulations governing the right of members to examine the books	5550
and records of the corporation;	5551

(5) The election of representatives or delegates of members	5552
and their authority, rights, and privileges;	5553

(6) The number, classification, manner of fixing or changing	5554
the number, qualifications, term of office, voting rights,	5555
compensation or manner of fixing compensation, and the removal of	5556
directors;	5557

(7) The place, if any, and time for holding, the manner of	5558
and authority for calling, giving notice of, and conducting, and	5559
the requirements of a quorum for, meetings of the directors;	5560

(8) The appointment of an executive and other committees of	5561
the directors or of members, their authority, and the method by	5562
which they take action;	5563

(9) The titles, qualifications, duties, term of office,	5564
compensation or manner of fixing compensation, and the removal, of	5565
officers;	5566

(10) Defining, limiting, or regulating the exercise of the	5567
authority of the corporation, the directors, the officers, the	5568
members, or any class of members;	5569

(11) The method by which voting members may change the	5570
regulations;	5571

(12) Providing for the use of authorized communications	5572
equipment.	5573

(B)(1) In the absence of provisions in the articles or the	5574
regulations with respect to the method of changing the	5575
regulations, the regulations may be amended, or new regulations	5576
may be adopted, by the voting members at a meeting held for such	5577
purpose, if a quorum is present, by the affirmative vote of a	5578
majority of the voting members present in person or, if permitted,	5579
by mail, by the use of authorized communications equipment, by	5580
mail, or, if permitted, by proxy.	5581

(2) For purposes of division (B)(1) of this section,	5582
participation by a member in a meeting through the use of any of	5583
the means of communication described in that division constitutes	5584
presence in person of that member at the meeting for purposes of	5585
determining a quorum.	5586

(C) The members of a nonprofit corporation may adopt or	5587
authorize the directors to adopt, either before or during an	5588
emergency, as defined in division (U) of section 1701.01 of the	5589
Revised Code, emergency regulations operative only during an	5590
emergency. The emergency regulations may include those provisions	5591
that are authorized to be included in regulations by divisions (A)	5592
and (B) of this section. In addition, unless expressly prohibited	5593
by the articles or regulations, and notwithstanding any different	5594
provisions in this chapter and any different provision in the	5595
articles or regulations that are not expressly stated to be	5596
operative during an emergency, the emergency regulations may make	5597
any provision that may be practical or necessary with respect to	5598
meetings, committees, vacancies, and temporary appointments of the	5599
directors, and the rank and succession of officers, the same as	5600
may be done by corporations for profit under division (C) of	5601
section 1701.11 of the Revised Code.	5602

(D) Any change in the regulations made in accordance with	5603
their provisions or pursuant to division (B) of this section shall	5604
be binding on all members.	5605

(E) If the regulations are amended or new regulations adopted	5606
without a meeting of the voting members, the secretary of the	5607
corporation shall send by mail, overnight delivery service, or	5608
authorized communications equipment a copy of the amendment or the	5609
new regulations to each voting member who would have been entitled	5610
to vote on the amendment or new regulations and did not	5611
participate in the adoption of the amendment or new regulations.	5612
If the secretary of the corporation mails the copy or sends it by	5613
overnight delivery service, the secretary shall send the copy of	5614
the amendment or the new regulations to the voting member at the	5615
voting member's address as it appears on the records of the	5616
corporation. If the secretary sends the copy by means of	5617
authorized communications equipment, the secretary shall send the	5618
copy of the amendment or the new regulations to the address	5619
provided by the voting member for transmissions by authorized	5620
communications equipment.	5621

(F) No person dealing with the corporation shall be charged	5622
with constructive notice of the regulations.	5623

(G) Unless expressly prohibited by the articles or	5624
regulations, or unless otherwise provided by the emergency	5625
regulations, and notwithstanding any different provision in this	5626
chapter, the special rules provided for corporations for profit	5627
under division (F) of section 1701.11 of the Revised Code are	5628
applicable to a nonprofit corporation during an emergency, as	5629
defined in division (U) of section 1701.01 of the Revised Code.	5630

Sec. 1702.17.  (A) Meetings of voting members may be called	5631
by any of the following:	5632

(1) The chairperson of the board, the president, or, in case	5633
of the president's absence, death, or disability, the	5634
vice-president authorized to exercise the authority of the	5635
president;	5636

(2) The directors by action at a meeting, or a majority of	5637
the directors acting without a meeting;	5638

(3) The lesser of (a) ten per cent of the voting members or	5639
(b) twenty-five of the voting members, unless the articles or the	5640
regulations specify for such purpose a smaller or larger	5641
proportion or number, but not in excess of fifty per cent of the	5642
voting members;	5643

(4) Any other officers or persons that the articles or the	5644
regulations authorize to call such meetings.	5645

(B) If so provided in the articles or the regulations,	5646
meetings of voting members may be held either within or without	5647
this state or solely by means of authorized communications	5648
equipment.	5649

(C) If authorized byUnless the directorsarticles or	5650
regulations provide otherwise, the voting members and proxyholders	5651
who are not physically present at a meeting of voting members may	5652
attend the meeting by the use of authorized communications	5653
equipment that enables the voting members and proxyholders an	5654
opportunity to participate in the meeting and to vote on matters	5655
submitted to the voting members, including an opportunity to read	5656
or hear the proceedings of the meeting, participate in the	5657
proceedings, and contemporaneously communicate with the persons	5658
who are physically present at the meeting. Any voting member who	5659
uses authorized communications equipment under this division is	5660
deemed to be present in person at the meeting whether the meeting	5661
is held at a designated place or solely by means of authorized	5662
communications equipment. The directors may adopt procedures and	5663
guidelines for the use of authorized communications equipment in	5664
connection with a meeting of voting members to permit the	5665
corporation to verify that a person is a voting member or	5666
proxyholder and to maintain a record of any vote or other action	5667
taken at the meeting.	5668

Sec. 1702.19. (A) Notice of the place, if any, the time, and	5669
the purposes of any meeting of voting members or directors, as the	5670
case may be, whether required by law, the articles, the	5671
regulations, or (in the case of directors) the bylaws, may be	5672
waived in writing, either before or after the holding of such	5673
meeting, by any member, or by any director, which writing shall be	5674
filed with or entered upon the records of the meeting. A	5675
transmission by authorized communications equipment that contains	5676
a waiver is a writing for purposes of this division.	5677

(B) If a member or director attends a meeting described in	5678
division (A) of this section without protesting prior to or at the	5679
commencement of the meeting, then the lack of proper notice shall	5680
be deemed to be a waiver by the member or director of notice of	5681
the meeting.	5682

(C) AUnless the articles or regulations provide otherwise, a	5683
member or director shall be considered in attendance at a meeting	5684
described in division (A) of this section, if the member or	5685
director is present in person or, if permitted by the regulations,	5686
is present by the use of authorized communications equipment, by	5687
mail, or, if permitted, by proxy. Unless the articles or	5688
regulations provide otherwise, a director shall be considered in	5689
attendance at a meeting described in division (A) of this section	5690
if the director is present in person or by the use of authorized	5691
communications equipment.	5692

Sec. 1702.20. (A) Except as otherwise provided in the	5693
articles or the regulations, each member, regardless of class,	5694
shall be entitled to one vote on each matter properly submitted to	5695
the members for their vote, consent, waiver, release, or other	5696
action.	5697

(B) TheUnless the articles or the regulations may provide	5698
thatotherwise, voting at elections and votes on other matters may	5699
be conducted by mail or by the use of authorized communications	5700
equipment.	5701

(C) Participation by a member in a meeting through the use of	5702
any of the means of communication described in division (B) of	5703
this section constitutes presence in person of that member at the	5704
meeting. The directors may adopt procedures and guidelines for the	5705
use of authorized communications equipment to permit the	5706
corporation to verify that a person is a voting member and to	5707
maintain a record of any vote.	5708

(D) Unless the articles or the regulations otherwise provide,	5709
no member who is a natural person shall vote or act by proxy.	5710

Sec. 1702.22.  Unless the articles or the regulations	5711
otherwise provide:	5712

(A)(1) The voting members present in person or, if permitted,	5713
by mail, by proxy, or by the use of authorized communications	5714
equipment, by mail, or, if permitted, by proxy at any meeting of	5715
voting members shall constitute a quorum for the meeting.	5716

(2) The affirmative vote of a majority of the voting members	5717
present at a meeting at which a quorum is present as provided in	5718
division (A)(1) of this section shall be necessary for the	5719
authorization or taking of any action voted upon by the members,	5720
except that no action required by law, the articles, or the	5721
regulations to be authorized or taken by a specified proportion or	5722
number of the voting members or of any class of voting members may	5723
be authorized or taken by a lesser proportion or number.	5724

(B) A majority of the voting members present at a meeting,	5725
whether or not a quorum is present, may adjourn the meeting from	5726
time to time.	5727

Sec. 1702.27.  (A) Except as provided in division (B) of this	5728
section and section 1702.521 of the Revised Code:	5729

(1) The number of directors as fixed by the articles or the	5730
regulations shall be not less than three or, if not so fixed, the	5731
number shall be three, except that if there are only one or two	5732
members of the corporation, the number of directors may be less	5733
than three but not less than the number of members.	5734

(2)(a) Subject to division (A)(2)(c) of this section, unless	5735
the articles or the regulations fix the number of directors or	5736
provide the manner in which that number may be fixed or changed by	5737
the voting members, the number may be fixed or changed at a	5738
meeting of the voting members called for the purpose of electing	5739
directors, if a quorum is present, by the affirmative vote of a	5740
majority of the voting members present in person or, if permitted,	5741
by mail, by the use of authorized communications equipment, by	5742
mail, or, if permitted, by proxy.	5743

(b) For purposes of division (A)(2)(a) of this section,	5744
participation by a voting member in a meeting through the use of	5745
any of the means of communication described in that division	5746
constitutes presence in person of that voting member at the	5747
meeting for purposes of determining a quorum.	5748

(c) No reduction in the number of directors shall of itself	5749
have the effect of shortening the term of any incumbent director.	5750

(3) The director shall have the qualifications, if any, that	5751
are stated in the articles or the regulations.	5752

(4) The articles or the regulations may provide that persons	5753
occupying certain positions within or without the corporation	5754
shall be ex officio directors, but, unless otherwise provided in	5755
the articles or the regulations, such ex officio directors shall	5756
not be considered for quorum purposes and shall have no vote.	5757

(B) The court of common pleas of the county in which the	5758
corporation maintains its principal office may, pursuant to	5759
division (A) of section 1702.521 of the Revised Code, order the	5760
appointment of a provisional director for the corporation without	5761
regard to the number or qualifications of directors stated in the	5762
articles or regulations of the corporation.	5763

Sec. 1702.38.  (A) The articles may be amended from time to	5764
time in any respect if the articles as amended set forth all the	5765
provisions that are required in, and only those provisions that	5766
may properly be in, original articles filed at the time of	5767
adopting the amendment, other than with respect to the initial	5768
directors, except that a public benefit corporation shall not	5769
amend its articles in such manner that it will cease to be a	5770
public benefit corporation.	5771

(B) Without limiting the generality of the authority	5772
described in division (A) of this section, the articles may be	5773
amended to:	5774

(1) Change the name of the corporation;

5775

(2) Change the place in this state where its principal office	5776
is to be located;	5777

(3) Change, enlarge, or diminish its purpose or purposes;

5778

(4) Change any provision of the articles or add any provision	5779
that may properly be included in the articles.	5780

(C)(1) The voting members present in person or, if permitted,	5781
by mail, by proxy, or by use of authorized communications	5782
equipment, by mail, or, if permitted, by proxy at a meeting held	5783
for that purpose, may adopt an amendment by the affirmative vote	5784
of a majority of the voting members present if a quorum is present	5785
or, if the articles or the regulations provide or permit, by the	5786
affirmative vote of a greater or lesser proportion or number of	5787
the voting members, and by the affirmative vote of the voting	5788
members of any particular class that is required by the articles	5789
or the regulations.	5790

(2) For purposes of division (C)(1) of this section,	5791
participation by a voting member at a meeting through the use of	5792
any of the means of communication described in that division	5793
constitutes presence in person of that voting member at the	5794
meeting for purposes of determining a quorum.	5795

(D) In addition to or in lieu of adopting an amendment to the	5796
articles, the voting members may adopt amended articles by the	5797
same action or vote as that required to adopt the amendment.	5798

(E) The directors may adopt amended articles to consolidate	5799
the original articles and all previously adopted amendments to the	5800
articles that are in force at the time, or the voting members at a	5801
meeting held for that purpose may adopt the amended articles by	5802
the same vote as that required to adopt an amendment.	5803

(F) Amended articles shall set forth all the provisions that	5804
are required in, and only the provisions that may properly be in,	5805
original articles filed at the time of adopting the amended	5806
articles, other than with respect to the initial directors, and	5807
shall contain a statement that they supersede the existing	5808
articles.	5809

(G) Upon the adoption of any amendment or amended articles, a	5810
certificate containing a copy of the resolution adopting the	5811
amendment or amended articles, a statement of the manner of its	5812
adoption, and, in the case of adoption of the resolution by the	5813
directors, a statement of the basis for such adoption, shall be	5814
filed with the secretary of state, and upon that filing the	5815
articles shall be amended accordingly, and the amended articles	5816
shall supersede the existing articles. The certificate shall be	5817
signed by any authorized officer of the corporation.	5818

(H) A copy of an amendment or amended articles changing the	5819
name of a corporation or its principal office in this state,	5820
certified by the secretary of state, may be filed for record in	5821
the office of the county recorder of any county in this state, and	5822
for that recording the county recorder shall charge and collect	5823
the same fee as provided for in division (A) of section 317.32 of	5824
the Revised Code. That copy shall be recorded in the records of	5825
deeds.	5826

Sec. 1702.39.  (A)(1) Unless the articles or the regulations,	5827
or the terms of any trust on which the corporation holds any	5828
particular property, otherwise provide, a lease, sale, exchange,	5829
transfer, or other disposition of any assets of a mutual benefit	5830
corporation may be made without the necessity of procuring	5831
authorization from the court under section 1715.39 of the Revised	5832
Code, upon the terms and for the consideration, which may consist,	5833
in whole or in part, of money or other property, including shares	5834
or other securities or promissory obligations of any business	5835
corporation, domestic or foreign, that may be authorized by the	5836
directors, except that a lease, sale, exchange, transfer, or other	5837
disposition of all, or substantially all, the assets may be made	5838
only when that transaction is also authorized (either before or	5839
after authorization by the directors) by the voting members	5840
present in person or, if permitted, by mail, by proxy, or by the	5841
use of authorized communications equipment, by mail, or, if	5842
permitted, by proxy at a meeting held for that purpose, by the	5843
affirmative vote of a majority of the voting members present as	5844
described in this division, if a quorum is present, or, if the	5845
articles or the regulations provide or permit, by the affirmative	5846
vote of a greater or lesser proportion or number of the voting	5847
members, and by the affirmative vote of the voting members of any	5848
particular class that is required by the articles or the	5849
regulations. Notice of the meeting of the members shall be given	5850
to all members entitled to vote at the meeting. Such notice shall	5851
be accompanied by a copy or summary of the terms of that	5852
transaction.	5853

(2) For purposes of division (A)(1) of this section,	5854
participation by a voting member at a meeting through the use of	5855
any of the means of communication described in that division	5856
constitutes presence in person of that voting member at the	5857
meeting for purposes of determining a quorum.	5858

(B)(1) A public benefit corporation may not dispose of its	5859
assets with value equal to more than fifty per cent of the fair	5860
market value of the net tangible and intangible assets, including	5861
goodwill, of the corporation over a period of thirty-six	5862
consecutive months in a transaction or series of transactions,	5863
including the lease, sale, exchange, transfer, or other	5864
disposition of those assets, that are outside the ordinary course	5865
of its business or that are not in accordance with the purpose or	5866
purposes for which the corporation was organized, as set forth in	5867
its articles or the terms of any trust on which the corporation	5868
holds such assets, unless one or more of the following apply:	5869

(a) The transaction has received the prior approval of the	5870
court of common pleas of the county in this state in which the	5871
principal office of the corporation is located, in a proceeding of	5872
which the attorney general's charitable law section has been given	5873
written notice by certified mail within three days of the	5874
initiation of the proceeding, and in which proceeding the attorney	5875
general may intervene as of right.	5876

(b)(i) The corporation has provided written notice of the	5877
proposed transaction, including a copy or summary of the terms of	5878
such transaction, at least twenty days before consummation of the	5879
lease, sale, exchange, transfer, or other disposition of the	5880
assets, to the attorney general's charitable law section and to	5881
the members of the corporation, and the proposed transaction has	5882
been approved by the voting members present in person or, if	5883
permitted, by mail, by proxy, or by the use of authorized	5884
communications equipment, by mail, or, if permitted, by proxy at a	5885
meeting held for that purpose, by the affirmative vote of a	5886
majority of the voting members present as described in this	5887
division, if a quorum is present, or, if the articles or	5888
regulations provide or permit, by the affirmative vote of a	5889
greater or lesser proportion or number of the voting members, and	5890
if the articles or regulations require, by the affirmative vote of	5891
the voting members of any particular class.	5892

(ii) For purposes of division (B)(1)(b)(i) of this section,	5893
participation by a voting member at a meeting through the use of	5894
any of the means of communication described in that division	5895
constitutes presence in person of that voting member at the	5896
meeting for purposes of determining a quorum.	5897

(c) The transaction is in accordance with the purpose or	5898
purposes for which the corporation was organized, as set forth in	5899
its articles or the terms of any trust on which the corporation	5900
holds the assets, and the lessee, purchaser, or transferee of the	5901
assets is also a public benefit corporation or a foreign	5902
corporation that would qualify under the Revised Code as a public	5903
benefit corporation.	5904

(2) The attorney general may require, pursuant to section	5905
109.24 of the Revised Code, the production of the documents	5906
necessary for review of a proposed transaction under division	5907
(B)(1) of this section. The attorney general may retain, at the	5908
expense of the public benefit corporation, one or more experts,	5909
including an investment banker, actuary, appraiser, certified	5910
public accountant, or other expert, that the attorney general	5911
considers reasonably necessary to provide assistance in reviewing	5912
a proposed transaction under division (B)(1) of this section.	5913

(C) The attorney general may institute a civil action to	5914
enforce the requirements of division (B)(1) of this section in the	5915
court of common pleas of the county in this state in which the	5916
principal office of the corporation is located or in the Franklin	5917
county court of common pleas. In addition to any civil remedies	5918
that may exist under common law or the Revised Code, a court may	5919
rescind the transaction or grant injunctive relief or impose any	5920
combination of these remedies.	5921

(D) The corporation by its directors may abandon the proposed	5922
lease, sale, exchange, transfer, or other disposition of the	5923
assets of the corporation pursuant to division (A) or (B) of this	5924
section, subject to the contract rights of other persons, if that	5925
power of abandonment is conferred upon the directors either by	5926
the terms of the transaction or by the same vote of voting members	5927
and at the same meeting of members as that referred to in division	5928
(A) or (B) of this section, as applicable, or at any subsequent	5929
meeting.	5930

(E) An action to set aside a conveyance by a corporation, on	5931
the ground that any section of the Revised Code applicable to the	5932
lease, sale, exchange, transfer, or other disposition of the	5933
assets of such corporation has not been complied with, shall be	5934
brought within one year after that transaction, or the action	5935
shall be forever barred.	5936

Sec. 1702.42.  (A) The directors of each constituent	5937
corporation, upon approving an agreement of merger or	5938
consolidation, shall direct that the agreement be submitted to the	5939
voting members entitled to vote on it at a meeting of voting	5940
members of such corporation held for that purpose, and notice of	5941
the meeting shall be given to all members of the constituent	5942
corporation entitled to vote at the meeting. The notice shall be	5943
accompanied by a copy or summary of the agreement.	5944

(B)(1) At each meeting described in division (A) of this	5945
section, a vote of the members shall be taken on the proposed	5946
agreement. In order to be adopted, the agreement (including any	5947
amendments or additions to the agreement proposed at each such	5948
meeting) must receive the affirmative vote of a majority of the	5949
voting members of each constituent corporation present at that	5950
meeting in person or, if permitted, by mail, by proxy, or by the	5951
use of authorized communications equipment, by mail, or, if	5952
permitted, by proxy if a quorum is present, or, if the articles or	5953
the regulations of that corporation provide or permit, the	5954
affirmative vote of a greater or lesser proportion or number of	5955
the voting members, and the affirmative vote of the voting members	5956
of any particular class that is required by the articles or the	5957
regulations of such corporation. If the agreement would authorize	5958
any particular corporate action that, under any applicable	5959
provision of law or under the existing articles of one or more of	5960
the constituent corporations, could be authorized only by or	5961
pursuant to a specified vote of voting members, the agreement	5962
(including any amendments or additions to the agreement proposed	5963
at each such meeting) in order to be adopted must receive the	5964
affirmative vote so specified.	5965

(2) For purposes of division (B)(1) of this section,	5966
participation by a voting member at a meeting through the use of	5967
any of the means of communication described in that division	5968
constitutes presence in person of that voting member at the	5969
meeting for purposes of determining a quorum.	5970

(C) At any time prior to the filing of the agreement, the	5971
merger or consolidation may be abandoned by the directors of one	5972
or more of the constituent corporations, if the power of	5973
abandonment is conferred upon those directors either by the	5974
agreement or by the same vote of voting members of each of the	5975
constituent corporations and at the same meetings as those	5976
referred to in division (B) of this section or at subsequent	5977
meetings.	5978

Sec. 1702.58.  (A) Except as provided in sections 1702.01 to	5979
1702.58 of the Revised Code, the provisions of those sections	5980
shall apply only to domestic corporations, and except as otherwise	5981
provided in this section, the provisions of those sections shall	5982
apply to all domestic corporations, whether formed under those	5983
sections or under previous laws of this state.	5984

(B) Special provisions in the Revised Code for the	5985
organization, conduct, or government of designated classes of	5986
corporations shall govern to the exclusion of the provisions of	5987
sections 1702.01 to 1702.58 of the Revised Code on the same	5988
subject, except where it clearly appears that a special provision	5989
is cumulative, in which case, that provision and the provisions of	5990
those sections on the same subject shall apply.	5991

(C) A corporation incorporated prior to June 9, 1927, with	5992
authority to issue shares may continue to issue and reissue shares	5993
in accordance with its articles, but shall be without authority to	5994
amend its articles in order to increase the authorized number of	5995
shares.	5996

(D) A corporation created before September 1, 1851, that (1)	5997
has expressly elected to be governed by the laws passed since that	5998
date; (2) subsequent to that date has taken such action under laws	5999
then in effect as to make it subject, as a matter of law, to the	6000
Constitution of 1851 and laws passed under the Constitution of	6001
1851; or (3) subsequent to October 1, 1955, takes any action under	6002
sections 1702.01 to 1702.58 of the Revised Code that but for those	6003
sections it would not be authorized to take, shall be deemed to be	6004
a corporation exercising its corporate privileges under the	6005
Constitution of this state and the laws passed in pursuance of the	6006
Constitution of this state, and not otherwise.	6007

(E)(1) A corporation created before September 1, 1851, and	6008
actually carrying on its activities in this state, and which prior	6009
to October 11, 1955, has not taken action described in division	6010
(D) of this section, may accept the provisions of sections 1702.01	6011
to 1702.58 of the Revised Code at a meeting of voting members held	6012
for that purpose, by a resolution to that effect adopted by the	6013
affirmative vote of a majority of the voting members present in	6014
person or, if permitted, by mail, by proxy, or by the use of	6015
authorized communications equipment, by mail, or, if permitted, by	6016
proxy if a quorum is present, and by filing in the office of the	6017
secretary of state a copy of the resolution certified by any	6018
authorized officer of the corporation, for which filing the	6019
secretary of state shall charge and collect a fee of five dollars.	6020
Thereafter the corporation shall be deemed to exercise its	6021
corporate privileges under the Constitution of this state and the	6022
laws passed in pursuance of the Constitution of this state, and	6023
not otherwise.	6024

(2) For purposes of division (E)(1) of this section,	6025
participation by a voting member at a meeting through the use of	6026
any of the means of communication described in that division	6027
constitutes presence in person of that voting member at the	6028
meeting for purposes of determining a quorum.	6029

(F) Except as provided in divisions (D) and (E) of this	6030
section, a corporation created before September 1, 1851, shall be	6031
governed by the laws in force on that date as modified since that	6032
date.	6033

(G) A domestic business corporation, upon compliance with the	6034
provision of the Revised Code that is in effect from time to time	6035
relating to that business corporation's becoming a nonprofit	6036
corporation upon amendment to its articles or upon adoption of	6037
amended articles, as provided by law, shall, upon filing the	6038
prescribed certificate in the office of the secretary of state,	6039
become a corporation subject to the provisions of, and entitled to	6040
all the rights, privileges, immunities, powers, franchises, and	6041
authority granted by, this chapter.	6042

Sec. 2301.02.  The number of judges of the court of common	6043
pleas for each county, the time for the next election of the	6044
judges in the several counties, and the beginning of their terms	6045
shall be as follows:	6046

(A) In Adams, Ashland, Fayette, and Pike counties, one judge,	6047
elected in 1956, term to begin February 9, 1957;	6048

In Brown, Crawford, Defiance, Highland, Holmes, Morgan,	6049
Ottawa, and Union counties, one judge, to be elected in 1954, term	6050
to begin February 9, 1955;	6051

In Auglaize county, one judge, to be elected in 1956, term to	6052
begin January 9, 1957;	6053

In Coshocton, Darke, Fulton, Gallia, Guernsey, Hardin,	6054
Jackson, Knox, Madison, Mercer, Monroe, Paulding, Vinton, and	6055
Wyandot counties, one judge, to be elected in 1956, term to begin	6056
January 1, 1957;	6057

In Morrow county, two judges, one to be elected in 1956, term	6058
to begin January 1, 1957, and one to be elected in 2006, term to	6059
begin January 1, 2007;	6060

In Logan county, two judges, one to be elected in 1956, term	6061
to begin January 1, 1957, and one to be elected in 2004, term to	6062
begin January 2, 2005;	6063

In Carroll, Champaign, Clinton, Hocking, Meigs, Pickaway,	6064
Preble, Shelby, Van Wert, and Williams counties, one judge, to be	6065
elected in 1952, term to begin January 1, 1953;	6066

In Harrison and Noble counties, one judge, to be elected in	6067
1954, term to begin April 18, 1955;	6068

In Henry county, two judges, one to be elected in 1956, term	6069
to begin May 9, 1957, and one to be elected in 2004, term to begin	6070
January 1, 2005;	6071

In Putnam county, one judge, to be elected in 1956, term to	6072
begin May 9, 1957;	6073

In Huron county, one judge, to be elected in 1952, term to	6074
begin May 14, 1953;	6075

In Perry county, one judge, to be elected in 1954, term to	6076
begin July 6, 1956;	6077

In Sandusky county, Ftwotwo judges, one to be elected in	6078
1954, term to begin February 10, 1955, and one to be elected in	6079
1978, term to begin January 1, 1979;	6080

(B) In Allen county, three judges, one to be elected in 1956,	6081
term to begin February 9, 1957, the second to be elected in 1958,	6082
term to begin January 1, 1959, and the third to be elected in	6083
1992, term to begin January 1, 1993;	6084

In Ashtabula county, three judges, one to be elected in 1954,	6085
term to begin February 9, 1955, one to be elected in 1960, term to	6086
begin January 1, 1961, and one to be elected in 1978, term to	6087
begin January 2, 1979;	6088

In Athens county, two judges, one to be elected in 1954, term	6089
to begin February 9, 1955, and one to be elected in 1990, term to	6090
begin July 1, 1991;	6091

In Erie county, four judges, one to be elected in 1956, term	6092
to begin January 1, 1957, the second to be elected in 1970, term	6093
to begin January 2, 1971, the third to be elected in 2004, term to	6094
begin January 2, 2005, and the fourth to be elected in 2008, term	6095
to begin February 9, 2009;	6096

In Fairfield county, three judges, one to be elected in 1954,	6097
term to begin February 9, 1955, the second to be elected in 1970,	6098
term to begin January 1, 1971, and the third to be elected in	6099
1994, term to begin January 2, 1995;	6100

In Geauga county, two judges, one to be elected in 1956, term	6101
to begin January 1, 1957, and the second to be elected in 1976,	6102
term to begin January 6, 1977;	6103

In Greene county, four judges, one to be elected in 1956,	6104
term to begin February 9, 1957, the second to be elected in 1960,	6105
term to begin January 1, 1961, the third to be elected in 1978,	6106
term to begin January 2, 1979, and the fourth to be elected in	6107
1994, term to begin January 1, 1995;	6108

In Hancock county, two judges, one to be elected in 1952,	6109
term to begin January 1, 1953, and the second to be elected in	6110
1978, term to begin January 1, 1979;	6111

In Lawrence county, two judges, one to be elected in 1954,	6112
term to begin February 9, 1955, and the second to be elected in	6113
1976, term to begin January 1, 1977;	6114

In Marion county, three judges, one to be elected in 1952,	6115
term to begin January 1, 1953, the second to be elected in 1976,	6116
term to begin January 2, 1977, and the third to be elected in	6117
1998, term to begin February 9, 1999;	6118

In Medina county, three judges, one to be elected in 1956,	6119
term to begin January 1, 1957, the second to be elected in 1966,	6120
term to begin January 1, 1967, and the third to be elected in	6121
1994, term to begin January 1, 1995;	6122

In Miami county, two judges, one to be elected in 1954, term	6123
to begin February 9, 1955, and one to be elected in 1970, term to	6124
begin on January 1, 1971;	6125

In Muskingum county, three judges, one to be elected in 1968,	6126
term to begin August 9, 1969, one to be elected in 1978, term to	6127
begin January 1, 1979, and one to be elected in 2002, term to	6128
begin January 2, 2003;	6129

In Portage county, three judges, one to be elected in 1956,	6130
term to begin January 1, 1957, the second to be elected in 1960,	6131
term to begin January 1, 1961, and the third to be elected in	6132
1986, term to begin January 2, 1987;	6133

In Ross county, two judges, one to be elected in 1956, term	6134
to begin February 9, 1957, and the second to be elected in 1976,	6135
term to begin January 1, 1977;	6136

In Scioto county, three judges, one to be elected in 1954,	6137
term to begin February 10, 1955, the second to be elected in 1960,	6138
term to begin January 1, 1961, and the third to be elected in	6139
1994, term to begin January 2, 1995;	6140

In Seneca county, two judges, one to be elected in 1956, term	6141
to begin January 1, 1957, and the second to be elected in 1986,	6142
term to begin January 2, 1987;	6143

In Warren county, four judges, one to be elected in 1954,	6144
term to begin February 9, 1955, the second to be elected in 1970,	6145
term to begin January 1, 1971, the third to be elected in 1986,	6146
term to begin January 1, 1987, and the fourth to be elected in	6147
2004, term to begin January 2, 2005;	6148

In Washington county, two judges, one to be elected in 1952,	6149
term to begin January 1, 1953, and one to be elected in 1986, term	6150
to begin January 1, 1987;	6151

In Wood county, three judges, one to be elected in 1968, term	6152
beginning January 1, 1969, the second to be elected in 1970, term	6153
to begin January 2, 1971, and the third to be elected in 1990,	6154
term to begin January 1, 1991;	6155

In Belmont and Jefferson counties, two judges, to be elected	6156
in 1954, terms to begin January 1, 1955, and February 9, 1955,	6157
respectively;	6158

In Clark county, four judges, one to be elected in 1952, term	6159
to begin January 1, 1953, the second to be elected in 1956, term	6160
to begin January 2, 1957, the third to be elected in 1986, term to	6161
begin January 3, 1987, and the fourth to be elected in 1994, term	6162
to begin January 2, 1995.	6163

In Clermont county, five judges, one to be elected in 1956,	6164
term to begin January 1, 1957, the second to be elected in 1964,	6165
term to begin January 1, 1965, the third to be elected in 1982,	6166
term to begin January 2, 1983, the fourth to be elected in 1986,	6167
term to begin January 2, 1987; and the fifth to be elected in	6168
2006, term to begin January 3, 2007;	6169

In Columbiana county, two judges, one to be elected in 1952,	6170
term to begin January 1, 1953, and the second to be elected in	6171
1956, term to begin January 1, 1957;	6172

In Delaware county, two judges, one to be elected in 1990,	6173
term to begin February 9, 1991, the second to be elected in 1994,	6174
term to begin January 1, 1995;	6175

In Lake county, six judges, one to be elected in 1958, term	6176
to begin January 1, 1959, the second to be elected in 1960, term	6177
to begin January 2, 1961, the third to be elected in 1964, term to	6178
begin January 3, 1965, the fourth and fifth to be elected in 1978,	6179
terms to begin January 4, 1979, and January 5, 1979, respectively,	6180
and the sixth to be elected in 2000, term to begin January 6,	6181
2001;	6182

In Licking county, four judges, one to be elected in 1954,	6183
term to begin February 9, 1955, one to be elected in 1964, term to	6184
begin January 1, 1965, one to be elected in 1990, term to begin	6185
January 1, 1991, and one to be elected in 2004, term to begin	6186
January 1, 2005;	6187

In Lorain county, ten judges, two to be elected in 1952,	6188
terms to begin January 1, 1953, and January 2, 1953, respectively,	6189
one to be elected in 1958, term to begin January 3, 1959, one to	6190
be elected in 1968, term to begin January 1, 1969, two to be	6191
elected in 1988, terms to begin January 4, 1989, and January 5,	6192
1989, respectively, two to be elected in 1998, terms to begin	6193
January 2, 1999, and January 3, 1999, respectively; one to be	6194
elected in 2006, term to begin January 6, 2007; and one to be	6195
elected in 2008, term to begin February 9, 2009, as described in	6196
division (C)(1)(c) of section 2301.03 of the Revised Code;	6197

In Butler county, eleven judges, one to be elected in 1956,	6198
term to begin January 1, 1957; two to be elected in 1954, terms to	6199
begin January 1, 1955, and February 9, 1955, respectively; one to	6200
be elected in 1968, term to begin January 2, 1969; one to be	6201
elected in 1986, term to begin January 3, 1987; two to be elected	6202
in 1988, terms to begin January 1, 1989, and January 2, 1989,	6203
respectively; one to be elected in 1992, term to begin January 4,	6204
1993; two to be elected in 2002, terms to begin January 2, 2003,	6205
and January 3, 2003, respectively; and one to be elected in 2006,	6206
term to begin January 3, 2007;	6207

In Richland county, four judges, one to be elected in 1956,	6208
term to begin January 1, 1957, the second to be elected in 1960,	6209
term to begin February 9, 1961, the third to be elected in 1968,	6210
term to begin January 2, 1969, and the fourth to be elected in	6211
2004, term to begin January 3, 2005;	6212

In Tuscarawas county, two judges, one to be elected in 1956,	6213
term to begin January 1, 1957, and the second to be elected in	6214
1960, term to begin January 2, 1961;	6215

In Wayne county, two judges, one to be elected in 1956, term	6216
beginning January 1, 1957, and one to be elected in 1968, term to	6217
begin January 2, 1969;	6218

In Trumbull county, six judges, one to be elected in 1952,	6219
term to begin January 1, 1953, the second to be elected in 1954,	6220
term to begin January 1, 1955, the third to be elected in 1956,	6221
term to begin January 1, 1957, the fourth to be elected in 1964,	6222
term to begin January 1, 1965, the fifth to be elected in 1976,	6223
term to begin January 2, 1977, and the sixth to be elected in	6224
1994, term to begin January 3, 1995;	6225

(C) In Cuyahoga county, thirty-nine judges; eight to be	6226
elected in 1954, terms to begin on successive days beginning from	6227
January 1, 1955, to January 7, 1955, and February 9, 1955,	6228
respectively; eight to be elected in 1956, terms to begin on	6229
successive days beginning from January 1, 1957, to January 8,	6230
1957; three to be elected in 1952, terms to begin from January 1,	6231
1953, to January 3, 1953; two to be elected in 1960, terms to	6232
begin on January 8, 1961, and January 9, 1961, respectively; two	6233
to be elected in 1964, terms to begin January 4, 1965, and January	6234
5, 1965, respectively; one to be elected in 1966, term to begin on	6235
January 10, 1967; four to be elected in 1968, terms to begin on	6236
successive days beginning from January 9, 1969, to January 12,	6237
1969; two to be elected in 1974, terms to begin on January 18,	6238
1975, and January 19, 1975, respectively; five to be elected in	6239
1976, terms to begin on successive days beginning January 6, 1977,	6240
to January 10, 1977; two to be elected in 1982, terms to begin	6241
January 11, 1983, and January 12, 1983, respectively; and two to	6242
be elected in 1986, terms to begin January 13, 1987, and January	6243
14, 1987, respectively;	6244

In Franklin county, twenty-two judges; two to be elected in	6245
1954, terms to begin January 1, 1955, and February 9, 1955,	6246
respectively; four to be elected in 1956, terms to begin January	6247
1, 1957, to January 4, 1957; four to be elected in 1958, terms to	6248
begin January 1, 1959, to January 4, 1959; three to be elected in	6249
1968, terms to begin January 5, 1969, to January 7, 1969; three to	6250
be elected in 1976, terms to begin on successive days beginning	6251
January 5, 1977, to January 7, 1977; one to be elected in 1982,	6252
term to begin January 8, 1983; one to be elected in 1986, term to	6253
begin January 9, 1987; two to be elected in 1990, terms to begin	6254
July 1, 1991, and July 2, 1991, respectively; one to be elected in	6255
1996, term to begin January 2, 1997; and one to be elected in	6256
2004, term to begin July 1, 2005;	6257

In Hamilton county, twenty-one judges; eight to be elected in	6258
1966, terms to begin January 1, 1967, January 2, 1967, and from	6259
February 9, 1967, to February 14, 1967, respectively; five to be	6260
elected in 1956, terms to begin from January 1, 1957, to January	6261
5, 1957; one to be elected in 1964, term to begin January 1, 1965;	6262
one to be elected in 1974, term to begin January 15, 1975; one to	6263
be elected in 1980, term to begin January 16, 1981; two to be	6264
elected at large in the general election in 1982, terms to begin	6265
April 1, 1983; one to be elected in 1990, term to begin July 1,	6266
1991; and two to be elected in 1996, terms to begin January 3,	6267
1997, and January 4, 1997, respectively;	6268

In Lucas county, fourteen judges; two to be elected in 1954,	6269
terms to begin January 1, 1955, and February 9, 1955,	6270
respectively; two to be elected in 1956, terms to begin January 1,	6271
1957, and October 29, 1957, respectively; two to be elected in	6272
1952, terms to begin January 1, 1953, and January 2, 1953,	6273
respectively; one to be elected in 1964, term to begin January 3,	6274
1965; one to be elected in 1968, term to begin January 4, 1969;	6275
two to be elected in 1976, terms to begin January 4, 1977, and	6276
January 5, 1977, respectively; one to be elected in 1982, term to	6277
begin January 6, 1983; one to be elected in 1988, term to begin	6278
January 7, 1989; one to be elected in 1990, term to begin January	6279
2, 1991; and one to be elected in 1992, term to begin January 2,	6280
1993;	6281

In Mahoning county, seven judges; three to be elected in	6282
1954, terms to begin January 1, 1955, January 2, 1955, and	6283
February 9, 1955, respectively; one to be elected in 1956, term to	6284
begin January 1, 1957; one to be elected in 1952, term to begin	6285
January 1, 1953; one to be elected in 1968, term to begin January	6286
2, 1969; and one to be elected in 1990, term to begin July 1,	6287
1991;	6288

In Montgomery county, fifteen judges; three to be elected in	6289
1954, terms to begin January 1, 1955, January 2, 1955, and January	6290
3, 1955, respectively; four to be elected in 1952, terms to begin	6291
January 1, 1953, January 2, 1953, July 1, 1953, and July 2, 1953,	6292
respectively; one to be elected in 1964, term to begin January 3,	6293
1965; one to be elected in 1968, term to begin January 3, 1969;	6294
three to be elected in 1976, terms to begin on successive days	6295
beginning January 4, 1977, to January 6, 1977; two to be elected	6296
in 1990, terms to begin July 1, 1991, and July 2, 1991,	6297
respectively; and one to be elected in 1992, term to begin January	6298
1, 1993.	6299

In Stark county, eight judges; one to be elected in 1958,	6300
term to begin on January 2, 1959; two to be elected in 1954, terms	6301
to begin on January 1, 1955, and February 9, 1955, respectively;	6302
two to be elected in 1952, terms to begin January 1, 1953, and	6303
April 16, 1953, respectively; one to be elected in 1966, term to	6304
begin on January 4, 1967; and two to be elected in 1992, terms to	6305
begin January 1, 1993, and January 2, 1993, respectively;	6306

In Summit county, thirteen judges; four to be elected in	6307
1954, terms to begin January 1, 1955, January 2, 1955, January 3,	6308
1955, and February 9, 1955, respectively; three to be elected in	6309
1958, terms to begin January 1, 1959, January 2, 1959, and May 17,	6310
1959, respectively; one to be elected in 1966, term to begin	6311
January 4, 1967; one to be elected in 1968, term to begin January	6312
5, 1969; one to be elected in 1990, term to begin May 1, 1991; one	6313
to be elected in 1992, term to begin January 6, 1993; and two to	6314
be elected in 2008, terms to begin January 5, 2009, and January 6,	6315
2009, respectively.	6316

Notwithstanding the foregoing provisions, in any county	6317
having two or more judges of the court of common pleas, in which	6318
more than one-third of the judges plus one were previously elected	6319
at the same election, if the office of one of those judges so	6320
elected becomes vacant more than forty days prior to the second	6321
general election preceding the expiration of that judge's term,	6322
the office that that judge had filled shall be abolished as of the	6323
date of the next general election, and a new office of judge of	6324
the court of common pleas shall be created. The judge who is to	6325
fill that new office shall be elected for a six-year term at the	6326
next general election, and the term of that judge shall commence	6327
on the first day of the year following that general election, on	6328
which day no other judge's term begins, so that the number of	6329
judges that the county shall elect shall not be reduced.	6330

Judges of the probate division of the court of common pleas	6331
are judges of the court of common pleas but shall be elected	6332
pursuant to sections 2101.02 and 2101.021 of the Revised Code,	6333
except in Adams, Harrison, Henry, Morgan, Noble, and Wyandot	6334
counties in which the judge of the court of common pleas elected	6335
pursuant to this section also shall serve as judge of the probate	6336
division, except in Lorain county in which the judges of the	6337
domestic relations division of the Lorain county court of common	6338
pleas elected pursuant to this section also shall perform the	6339
duties and functions of the judge of the probate division, and	6340
except in Morrow county in which the successors to the judge	6341
judges of the court of common pleas elected in 1956 pursuant to	6342
this section also shall serve asperform the duties and functions	6343
of the judge of the probate division.	6344

Sec. 2305.26.  (A) An action by the state or an agency or	6345
political subdivision of the state to enforce a lien upon real or	6346
personal property created under and by virtue of section 1901.21,	6347
2505.13, 2937.25, 4123.76, 4123.78, 4141.23, 4509.60, or 5719.04	6348
of the Revised Code shall be brought within twelvefifteen years	6349
from the date when the lien or notice of continuation of the lien	6350
has been filed in the office of the county recorder. The	6351
fifteen-year limitation period applies to liens and notices of	6352
continuation of liens filed before, on, or after the effective	6353
date of the amendment of this section by .......... of the 126th	6354
general assembly.	6355

(B)(1) Except as otherwise provided in division (B)(2) of	6356
this section, beginning February 1, 2007, a notice of continuation	6357
of lien may be filed in the office of the county recorder within	6358
six months prior to the expiration of the twelve-yearfifteen-year	6359
period following the original filing of the lien or the filing of	6360
the notice of continuation of the lien as specified in division	6361
(A) of this section. The notice must identify the original notice	6362
of lien and state that the original lien is still effective. Upon	6363
timely filing of a notice of continuation of lien, the	6364
effectiveness of the original lien is continued for twelvefifteen	6365
years after the last date on which the lien was effective,	6366
whereupon it lapses, unless another notice of continuation of lien	6367
is filed prior to the lapse. Succeeding notices of continuation of	6368
lien may be filed in the same manner to continue the effectiveness	6369
of the original lien.	6370

(2) As used in division (B)(2) of this section, "interim	6371
period" means the period beginning September 26, 2003, and ending	6372
the day before the effective date of Sub. H.B. 390 of the 126th	6373
general assemblySeptember 27, 2006.	6374

Division (B)(2) of this section applies only to liens	6375
enforceable by an action subject to the limitation of division (A)	6376
of this section on September 25, 2003, as this section existed on	6377
that date, and notice of continuation of which would have had to	6378
have been filed under division (B) of this section, as this	6379
section existed on that date, during the interim period if this	6380
section had been in effect during the interim period.	6381

Notice of continuation of such a lien may be filed as	6382
otherwise provided in division (B)(1) of this section, except the	6383
notice shall be filed within six months prior to the expiration of	6384
threefifteen years following the expiration of the six-year	6385
period within which such notice was required to have been filed	6386
under this section as this section existed on September 25, 2003,	6387
or by February 1, 2007, whichever is later.	6388

(C) The recorder shall mark each notice of continuation of	6389
lien with a consecutive file number and with the date of filing	6390
and shall hold the notice open for public inspection. In addition,	6391
the recorder shall index the notices according to the names of the	6392
person against whom they are effective, and shall note in the	6393
index the file numbers of the notices. Except in cases of liens	6394
arising under section 5719.04 of the Revised Code, the recorder	6395
shall mark the record of the original lien "continued" and note	6396
thereon the date on which the notice of continuation of lien was	6397
filed. The recorder may remove a lapsed lien or lapsed notice of	6398
continuation of lien from the file and destroy it. For any	6399
services performed under this section, the county recorder shall	6400
charge and collect the fees set forth in section 317.32 of the	6401
Revised Code.	6402

(D) A notice of continuation of lien must be signed and filed	6403
by the clerk of the court or the magistrate in cases of liens	6404
arising under sections 1901.21, 2505.13, and 2937.25 of the	6405
Revised Code, by the industrial commission in cases of liens	6406
arising under sections 4123.76 and 4123.78 of the Revised Code, by	6407
the director of job and family services in cases of liens arising	6408
under section 4141.23 of the Revised Code, by the registrar of	6409
motor vehicles in cases of liens arising under section 4509.60 of	6410
the Revised Code, and by the county auditor in cases of liens	6411
arising under section 5719.04 of the Revised Code.	6412

Sec. 2329.07. (A)(1) If neither execution on a judgment	6413
rendered in a court of record or certified to the clerk of the	6414
court of common pleas in the county in which the judgment was	6415
rendered is issued, nor a certificate of judgment for obtaining a	6416
lien upon lands and tenements is issued and filed, as provided in	6417
sections 2329.02 and 2329.04 of the Revised Code, within five	6418
years from the date of the judgment or within five years from the	6419
date of the issuance of the last execution thereon or the issuance	6420
and filing of the last such certificate, whichever is later, then,	6421
unless the judgment is in favor of the state, the judgment shall	6422
be dormant and shall not operate as a lien upon the estate of the	6423
judgment debtor.	6424

(2) If the judgment is in favor of the state, the judgment	6425
shall not become dormant and shall not cease to operate as a lien	6426
against the estate of the judgment debtor provided that either	6427
execution on the judgment is issued or a certificate of judgment	6428
is issued and filed, as provided in sections 2329.02 and 2329.04	6429
of the Revised Code, within ten years from the date of the	6430
judgment or within twelvefifteen years from the date of the	6431
issuance of the last execution thereon or the issuance and filing	6432
of the last such certificate, whichever is later, except as	6433
otherwise provided in division (C) of this section. The	6434
fifteen-year limitation period applies to executions issued and	6435
certificates of judgments issued and filed before, on, or after	6436
the effective date of the amendment of this section by ..........	6437
of the 126th general assembly.	6438

(B) If, in any county other than that in which a judgment was	6439
rendered, the judgment has become a lien by reason of the filing,	6440
in the office of the clerk of the court of common pleas of that	6441
county, of a certificate of the judgment as provided in sections	6442
2329.02 and 2329.04 of the Revised Code, and if no execution is	6443
issued for the enforcement of the judgment within that county, or	6444
no further certificate of the judgment is filed in that county,	6445
within five years or, if the judgment is in favor of the state,	6446
within twelvefifteen years from the date of issuance of the last	6447
execution for the enforcement of the judgment within that county	6448
or the date of filing of the last certificate in that county,	6449
whichever is the later, then the judgment shall cease to operate	6450
as a lien upon lands and tenements of the judgment debtor within	6451
that county, except as otherwise provided in division (C) of this	6452
section. The fifteen-year limitation period applies to executions	6453
issued and certificates of judgments issued and filed before, on,	6454
or after the effective date of the amendment of this section by	6455
H.B. 699 of the 126th general assembly.	6456

(C)(1) As used in division (C) of this section, "interim	6457
period" means the period beginning September 26, 2003, and ending	6458
the day before the effective date of Sub. H.B. 390 of the 126th	6459
general assemblySeptember 27, 2006.	6460

(2) Division (C) of this section applies only to judgments in	6461
favor of the state that are subject to this section and to which	6462
both of the following apply:	6463

(a) The first issuance of execution on the judgment, or the	6464
first issuance and filing of the certificate of judgment, was	6465
issued or issued and filed within the ten-year period provided in	6466
this section before the beginning of the interim period;	6467

(b) Subsequent issuance of execution on the judgment or	6468
subsequent issuance and filing of the certificate of judgment	6469
would have been required during the interim period in order to	6470
keep the lien from becoming dormant under this section as this	6471
section existed on September 25, 2003, and as if this section as	6472
it existed on that date had been in effect during the interim	6473
period.	6474

(3) Such a judgment shall not become dormant and shall not	6475
cease to operate as a lien against the estate of the judgment	6476
debtor if either execution on the judgment is issued or a	6477
certificate of judgment is issued and filed, as provided in	6478
sections 2329.02 and 2329.04 of the Revised Code, within three	6479
fifteen years after the expiration of the ten-year period	6480
following issuance of the last execution on the judgment or	6481
following the issuance and filing of the last such certificate,	6482
whichever is later.	6483

Sec. 2701.06. EachThe secretary of state shall transmit	6484
each commission issued by the governor to a judge of the court of	6485
appeals or a judge of the court of common pleas shall be	6486
transmitted by the secretary of state, to the clerk of the court	6487
of common pleas of the county in which suchthat judge resides.	6488
SuchThe clerk shall receive the commission and forthwith transmit	6489
it to the person entitled theretoto it. Within twenty days after	6490
he has received such commission, suchThe person shall take the	6491
oath required byas provided in Section 7 of Article XV, Ohio	6492
Constitution and sections 3.22 and 3.23 of the Revised Code, and	6493
transmit a certificate thereof to such clerk, signed by the	6494
officer administering such oath.	6495

If such certificate is not transmitted to the clerk within	6496
twenty days, the person entitled to receive such commission is	6497
deemed to have refused to accept the office, and such office shall	6498
be considered vacant. The clerk shall forthwith certify the fact	6499
to the governor who shall fill the vacancy.	6500

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

6501

(1) "Alternative public provider" means either of the	6502
following providers that agrees to enroll a child in the	6503
provider's special education program to implement the child's	6504
individualized education program and to which the child's parent	6505
owes fees for the services provided to the child:	6506

(a) A school district that is not the school district in	6507
which the child is entitled to attend school;	6508

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

6509

(2) "Entitled to attend school" means entitled to attend	6510
school in a school district under section 3313.64 or 3313.65 of	6511
the Revised Code.	6512

(2)(3) "Formula ADM" and "category six special education ADM"	6513
have the same meanings as in section 3317.02 of the Revised Code.	6514

(3) "Individualized(4) "Handicapped preschool child" and	6515
"individualized education program" hashave the same meaning	6516
meanings as in section 3323.01 of the Revised Code.	6517

(4)(5) "Parent" has the same meaning as in section 3313.64 of	6518
the Revised Code, except that "parent" does not mean a parent	6519
whose custodial rights have been terminated.	6520

(5)(6) "Preschool scholarship ADM" means the number of	6521
handicapped preschool children reported under division (B)(3)(h)	6522
of section 3317.03 of the Revised Code.	6523

(7) "Qualified special education child" is a child for whom	6524
all of the following conditions apply:	6525

(a) The school district in which the child is entitled to	6526
attend school has identified the child as autistic. A child who	6527
has been identified as having a "pervasive developmental disorder	6528
- not otherwise specified (PPD-NOS)" shall be considered to be an	6529
autistic child for purposes of this section.	6530

(b) The school district in which the child is entitled to	6531
attend school has developed an individualized education program	6532
under Chapter 3323. of the Revised Code for the child.	6533

(c) The child either:

6534

(i) Was enrolled in the school district in which the child is	6535
entitled to attend school in any grade from preschool through	6536
twelve in the school year prior to the year in which a scholarship	6537
under this section is first sought for the child; or	6538

(ii) Is eligible to enter school in any grade preschool	6539
through twelve in the school district in which the child is	6540
entitled to attend school in the school year in which a	6541
scholarship under this section is first sought for the child.	6542

(6)(8) "Registered private provider" means a nonpublic school	6543
or other nonpublic entity that has been approved by the Department	6544
of Education to participate in the program established under this	6545
section.	6546

(B) There is hereby established the Pilot Project Special	6547
Education Scholarship Programautism scholarship program. Under	6548
the program, in fiscal years 2006 and 2007, the Department	6549
department of Educationeducation shall pay a scholarship to the	6550
parent of each qualified special education child upon application	6551
of that parent pursuant to procedures and deadlines established by	6552
rule of the State Boardstate board of Educationeducation. Each	6553
scholarship shall be used only to pay tuition for the child on	6554
whose behalf the scholarship is awarded to attend a special	6555
education program that implements the child's individualized	6556
education program and that is operated by a school district other	6557
than the school district in which the child is entitled to attend	6558
school, by another public entity,an alternative public provider	6559
or by a registered private provider. Each scholarship shall be in	6560
an amount not to exceed the lesser of the tuition charged for the	6561
child by the special education program or twenty thousand dollars.	6562
The purpose of the scholarship is to permit the parent of a	6563
qualified special education child the choice to send the child to	6564
a special education program, instead of the one operated by or for	6565
the school district in which the child is entitled to attend	6566
school, to receive the services prescribed in the child's	6567
individualized education program once the individualized education	6568
program is finalized. A scholarship under this section shall not	6569
be awarded to the parent of a child while the child's	6570
individualized education program is being developed by the school	6571
district in which the child is entitled to attend school, or while	6572
any administrative or judicial mediation or proceedings with	6573
respect to the content of the child's individualized education	6574
program are pending. A scholarship under this section shall not be	6575
used for a child to attend a public special education program that	6576
operates under a contract, compact, or other bilateral agreement	6577
between the school district in which the child is entitled to	6578
attend school and another school district or other public	6579
provider, or for a child to attend a community school established	6580
under Chapter 3314. of the Revised Code. However, nothing in this	6581
section or in any rule adopted by the State Board of Education	6582
state board shall prohibit a parent whose child attends a public	6583
special education program under a contract, compact, or other	6584
bilateral agreement, or a parent whose child attends a community	6585
school, from applying for and accepting a scholarship under this	6586
section so that the parent may withdraw the child from that	6587
program or community school and use the scholarship for the child	6588
to attend a special education program for which the parent is	6589
required to pay for services for the child. A child attending a	6590
special education program with a scholarship under this section	6591
shall continue to be entitled to transportation to and from that	6592
program in the manner prescribed by law.	6593

(C)(1) Notwithstanding anything to the contrary inAs	6594
prescribed in divisions (A)(2)(h), (B)(3)(g), and (B)(10) of	6595
section 3317.03 of the Revised Code, a child who is not a	6596
handicapped preschool child for whom a scholarship is awarded	6597
under this section shall be counted in the formula ADM and the	6598
category six special education ADM of the district in which the	6599
child is entitled to attend school and not in the formula ADM and	6600
the category six special education ADM of any other school	6601
district. As prescribed in divisions (B)(3)(h) and (B)(10) of	6602
section 3317.03 of the Revised Code, a child who is a handicapped	6603
preschool child for whom a scholarship is awarded under this	6604
section shall be counted in the preschool scholarship ADM and	6605
category six special education ADM of the school district in which	6606
the child is entitled to attend school and not in the preschool	6607
scholarship ADM or category six special education ADM of any other	6608
school district.	6609

(2) In each fiscal year, the Departmentdepartment shall	6610
deduct from the amounts paid to each school district under Chapter	6611
3317. of the Revised Code, and, if necessary, sections 321.24 and	6612
323.156 of the Revised Code, the aggregate amount of scholarships	6613
awarded under this section for qualified special education	6614
children included in the formula ADM, or preschool scholarship	6615
ADM, and in the category six special education ADM of that school	6616
district as provided in division (C)(1) of this section. The	6617
scholarships deducted shall be considered as an approved special	6618
education and related services expense for the purpose of the	6619
school district's compliance with division (C)(5) of section	6620
3317.022 of the Revised Code.	6621

(3) From time to time, the Departmentdepartment shall make a	6622
payment to the parent of each qualified special education child	6623
for whom a scholarship has been awarded under this section. The	6624
scholarship amount shall be proportionately reduced in the case of	6625
any such child who is not enrolled in the special education	6626
program for which a scholarship was awarded under this section for	6627
the entire school year. The Departmentdepartment shall make no	6628
payments to the parent of a child while any administrative or	6629
judicial mediation or proceedings with respect to the content of	6630
the child's individualized education program are pending.	6631

(D) A scholarship shall not be paid to a parent for payment	6632
of tuition owed to a nonpublic entity unless that entity is a	6633
registered private provider. The Departmentdepartment shall	6634
approve entities that meet the standards established by rule of	6635
the State Boardstate board for the program established under	6636
this section.	6637

(E) The State Boardstate board shall adopt rules under	6638
Chapter 119. of the Revised Code prescribing procedures necessary	6639
to implement this section, including, but not limited to,	6640
procedures and deadlines for parents to apply for scholarships,	6641
standards for registered private providers, and procedures for	6642
approval of entities as registered private providers. The Board	6643
shall adopt the rules so that the program established under this	6644
section is operational by January 1, 2004.	6645

Sec. 3317.013. ThisExcept for a handicapped preschool child	6646
for whom a scholarship has been awarded under section 3310.41 of	6647
the Revised Code, this section does not apply to handicapped	6648
preschool students.	6649

Analysis of special education cost data has resulted in a	6650
finding that the average special education additional cost per	6651
pupil, including the costs of related services, can be expressed	6652
as a multiple of the base cost per pupil calculated under section	6653
3317.012 of the Revised Code. The multiples for the following	6654
categories of special education programs, as these programs are	6655
defined for purposes of Chapter 3323. of the Revised Code, and	6656
adjusted as provided in this section, are as follows:	6657

(A) A multiple of 0.2892 for students whose primary or only	6658
identified handicap is a speech and language handicap, as this	6659
term is defined pursuant to Chapter 3323. of the Revised Code;	6660

(B) A multiple of 0.3691 for students identified as specific	6661
learning disabled or developmentally handicapped, as these terms	6662
are defined pursuant to Chapter 3323. of the Revised Code, or	6663
other health handicapped-minor;	6664

(C) A multiple of 1.7695 for students identified as hearing	6665
handicapped, vision impaired, or severe behavior handicapped, as	6666
these terms are defined pursuant to Chapter 3323. of the Revised	6667
Code;	6668

(D) A multiple of 2.3646 for students identified as	6669
orthopedically handicapped, as this term is defined pursuant to	6670
Chapter 3323. of the Revised Code or other health handicapped -	6671
major;	6672

(E) A multiple of 3.1129 for students identified as	6673
multihandicapped, as this term is defined pursuant to Chapter	6674
3323. of the Revised Code;	6675

(F) A multiple of 4.7342 for students identified as autistic,	6676
having traumatic brain injuries, or as both visually and hearing	6677
disabled, as these terms are defined pursuant to Chapter 3323. of	6678
the Revised Code.	6679

In fiscal year 2004, the multiples specified in divisions (A)	6680
to (F) of this section shall be adjusted by multiplying them by	6681
0.88. In fiscal years 2005, 2006, and 2007, the multiples	6682
specified in those divisions shall be adjusted by multiplying them	6683
by 0.90.	6684

Not later than the thirtieth day of May in 2004, 2005, 2006,	6685
and 2007, the department shall submit to the office of budget and	6686
management a report that specifies for each city, local, exempted	6687
village, and joint vocational school district the fiscal year	6688
allocation of the state and local shares of special education and	6689
related services additional weighted funding and federal special	6690
education funds passed through to the district.	6691

Sec. 3317.022.  (A) The department of education shall compute	6692
and distribute state base cost funding to each school district for	6693
the fiscal year using the information obtained under section	6694
3317.021 of the Revised Code in the calendar year in which the	6695
fiscal year begins.	6696

(1) Compute the following for each eligible district:

6697

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

6698

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

6699

the sum of the base funding supplements

6700

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

6701

of section 3317.012 of the Revised Code]} -

6702

[.023 x (the sum of recognized valuation

6703

and property exemption value)]

6704

If the difference obtained is a negative number, the	6705
district's computation shall be zero.	6706

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

6707

(a) The difference of (i) the district's fiscal year 2005	6708
base cost payment under the version of division (A)(1) of this	6709
section in effect in fiscal year 2005, minus (ii) the amount	6710
computed for the district for the current fiscal year under	6711
current division (A)(1) of this section;	6712

(b) The following amount:

6713

[(fiscal year 2005 base cost payment/fiscal

6714

year 2005 formula ADM) X

6715

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

6716

the amount computed for the district

6717

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

6718

If one of the amounts computed under division (A)(2)(a) or	6719
(b) of this section is a positive amount, the department shall pay	6720
the district that amount in addition to the amount calculated	6721
under division (A)(1) of this section. If both amounts are	6722
positive amounts, the department shall pay the district the lesser	6723
of the two amounts in addition to the amount calculated under	6724
division (A)(1) of this section.	6725

(3)(a) For each school district for which the tax exempt	6726
value of the district equals or exceeds twenty-five per cent of	6727
the potential value of the district, the department of education	6728
shall calculate the difference between the district's tax exempt	6729
value and twenty-five per cent of the district's potential value.	6730

(b) For each school district to which division (A)(3)(a) of	6731
this section applies, the department shall adjust the recognized	6732
valuation used in the calculation under division (A)(1) of this	6733
section by subtracting from it the amount calculated under	6734
division (A)(3)(a) of this section.	6735

(B) As used in this section:

6736

(1) The "total special education weight" for a district means	6737
the sum of the following amounts:	6738

(a) The district's category one special education ADM	6739
multiplied by the multiple specified in division (A) of section	6740
3317.013 of the Revised Code;	6741

(b) The district's category two special education ADM	6742
multiplied by the multiple specified in division (B) of section	6743
3317.013 of the Revised Code;	6744

(c) The district's category three special education ADM	6745
multiplied by the multiple specified in division (C) of section	6746
3317.013 of the Revised Code;	6747

(d) The district's category four special education ADM	6748
multiplied by the multiple specified in division (D) of section	6749
3317.013 of the Revised Code;	6750

(e) The district's category five special education ADM	6751
multiplied by the multiple specified in division (E) of section	6752
3317.013 of the Revised Code;	6753

(f) The district's category six special education ADM	6754
multiplied by the multiple specified in division (F) of section	6755
3317.013 of the Revised Code.	6756

(2) "State share percentage" means the percentage calculated	6757
for a district as follows:	6758

(a) Calculate the state base cost funding amount for the	6759
district for the fiscal year under division (A) of this section.	6760
If the district would not receive any state base cost funding for	6761
that year under that division, the district's state share	6762
percentage is zero.	6763

(b) If the district would receive state base cost funding	6764
under that division, divide that amount by an amount equal to the	6765
following:	6766

(Cost-of-doing-business factor X

6767

the formula amount X formula ADM) +

6768

the sum of the base funding supplements

6769

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

6770

of section 3317.012 of the Revised Code

6771

The resultant number is the district's state share	6772
percentage.	6773

(3) "Related services" includes:

6774

(a) Child study, special education supervisors and	6775
coordinators, speech and hearing services, adaptive physical	6776
development services, occupational or physical therapy, teacher	6777
assistants for handicapped children whose handicaps are described	6778
in division (B) of section 3317.013 or division (F)(3) of section	6779
3317.02 of the Revised Code, behavioral intervention, interpreter	6780
services, work study, nursing services, and specialized	6781
integrative services as those terms are defined by the department;	6782

(b) Speech and language services provided to any student with	6783
a handicap, including any student whose primary or only handicap	6784
is a speech and language handicap;	6785

(c) Any related service not specifically covered by other	6786
state funds but specified in federal law, including but not	6787
limited to, audiology and school psychological services;	6788

(d) Any service included in units funded under former	6789
division (O)(1) of section 3317.023 of the Revised Code;	6790

(e) Any other related service needed by handicapped children	6791
in accordance with their individualized education plans.	6792

(4) The "total vocational education weight" for a district	6793
means the sum of the following amounts:	6794

(a) The district's category one vocational education ADM	6795
multiplied by the multiple specified in division (A) of section	6796
3317.014 of the Revised Code;	6797

(b) The district's category two vocational education ADM	6798
multiplied by the multiple specified in division (B) of section	6799
3317.014 of the Revised Code.	6800

(5) "Preschool scholarship ADM" means the number of	6801
handicapped preschool children reported under division (B)(3)(h)	6802
of section 3317.03 of the Revised Code.	6803

(C)(1) The department shall compute and distribute state	6804
special education and related services additional weighted costs	6805
funds to each school district in accordance with the following	6806
formula:	6807

The district's state share percentage

6808

X the formula amount for the year

6809

for which the aid is calculated

6810

X the district's total special education weight

6811

(2) The attributed local share of special education and	6812
related services additional weighted costs equals:	6813

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

6814

the district's total special education weight X

6815

the formula amount

6816

(3)(a) The department shall compute and pay in accordance	6817
with this division additional state aid to school districts for	6818
students in categories two through six special education ADM. If a	6819
district's costs for the fiscal year for a student in its	6820
categories two through six special education ADM exceed the	6821
threshold catastrophic cost for serving the student, the district	6822
may submit to the superintendent of public instruction	6823
documentation, as prescribed by the superintendent, of all its	6824
costs for that student. Upon submission of documentation for a	6825
student of the type and in the manner prescribed, the department	6826
shall pay to the district an amount equal to the sum of the	6827
following:	6828

(i) One-half of the district's costs for the student in	6829
excess of the threshold catastrophic cost;	6830

(ii) The product of one-half of the district's costs for the	6831
student in excess of the threshold catastrophic cost multiplied by	6832
the district's state share percentage.	6833

(b) For purposes of division (C)(3)(a) of this section, the	6834
threshold catastrophic cost for serving a student equals:	6835

(i) For a student in the school district's category two,	6836
three, four, or five special education ADM, twenty-five thousand	6837
dollars in fiscal year 2002, twenty-five thousand seven hundred	6838
dollars in fiscal years 2003, 2004, and 2005, and twenty-six	6839
thousand five hundred dollars in fiscal years 2006 and 2007;	6840

(ii) For a student in the district's category six special	6841
education ADM, thirty thousand dollars in fiscal year 2002, thirty	6842
thousand eight hundred forty dollars in fiscal years 2003, 2004,	6843
and 2005, and thirty-one thousand eight hundred dollars in fiscal	6844
years 2006 and 2007.	6845

(c) The district shall only report under division (C)(3)(a)	6846
of this section, and the department shall only pay for, the costs	6847
of educational expenses and the related services provided to the	6848
student in accordance with the student's individualized education	6849
program. Any legal fees, court costs, or other costs associated	6850
with any cause of action relating to the student may not be	6851
included in the amount.	6852

(4)(a) As used in this division, the "personnel allowance"	6853
means thirty thousand dollars in fiscal years 2002, 2003, 2004,	6854
2005, 2006, and 2007.	6855

(b) For the provision of speech language pathology services	6856
to students, including students who do not have individualized	6857
education programs prepared for them under Chapter 3323. of the	6858
Revised Code, and for no other purpose, the department of	6859
education shall pay each school district an amount calculated	6860
under the following formula:	6861

(formula ADM divided by 2000) X

6862

the personnel allowance X

6863

the state share percentage

6864

(5) In any fiscal year, a school district shall spend for	6865
purposes that the department designates as approved for special	6866
education and related services expenses at least the amount	6867
calculated as follows:	6868

(cost-of-doing-business factor X

6869

formula amount X the sum of categories

6870

one through six special education ADM) +

6871

(total special education weight X formula amount)

6872

The purposes approved by the department for special education	6873
expenses shall include, but shall not be limited to,	6874
identification of handicapped children, compliance with state	6875
rules governing the education of handicapped children and	6876
prescribing the continuum of program options for handicapped	6877
children, provision of speech language pathology services, and the	6878
portion of the school district's overall administrative and	6879
overhead costs that are attributable to the district's special	6880
education student population.	6881

The scholarships deducted from the school district's account	6882
under section 3310.41 of the Revised Code shall be considered to	6883
be an approved special education and related services expense for	6884
the purpose of the school district's compliance with division	6885
(C)(5) of this section.	6886

The department shall require school districts to report data	6887
annually to allow for monitoring compliance with division (C)(5)	6888
of this section. The department shall annually report to the	6889
governor and the general assembly the amount of money spent by	6890
each school district for special education and related services.	6891

(6) In any fiscal year, a school district shall spend for the	6892
provision of speech language pathology services not less than the	6893
sum of the amount calculated under division (C)(1) of this section	6894
for the students in the district's category one special education	6895
ADM and the amount calculated under division (C)(4) of this	6896
section.	6897

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

6898

(a) "Daily bus miles per student" equals the number of bus	6899
miles traveled per day, divided by transportation base.	6900

(b) "Transportation base" equals total student count as	6901
defined in section 3301.011 of the Revised Code, minus the number	6902
of students enrolled in preschool handicapped units, plus the	6903
number of nonpublic school students included in transportation	6904
ADM.	6905

(c) "Transported student percentage" equals transportation	6906
ADM divided by transportation base.	6907

(d) "Transportation cost per student" equals total operating	6908
costs for board-owned or contractor-operated school buses divided	6909
by transportation base.	6910

(2) Analysis of student transportation cost data has resulted	6911
in a finding that an average efficient transportation use cost per	6912
student can be calculated by means of a regression formula that	6913
has as its two independent variables the number of daily bus miles	6914
per student and the transported student percentage. For fiscal	6915
year 1998 transportation cost data, the average efficient	6916
transportation use cost per student is expressed as follows:	6917

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

6918

(116.25573 X transported student percentage)

6919

The department of education shall annually determine the	6920
average efficient transportation use cost per student in	6921
accordance with the principles stated in division (D)(2) of this	6922
section, updating the intercept and regression coefficients of the	6923
regression formula modeled in this division, based on an annual	6924
statewide analysis of each school district's daily bus miles per	6925
student, transported student percentage, and transportation cost	6926
per student data. The department shall conduct the annual update	6927
using data, including daily bus miles per student, transported	6928
student percentage, and transportation cost per student data, from	6929
the prior fiscal year. The department shall notify the office of	6930
budget and management of such update by the fifteenth day of	6931
February of each year.	6932

(3) In addition to funds paid under divisions (A), (C), and	6933
(E) of this section, each district with a transported student	6934
percentage greater than zero shall receive a payment equal to a	6935
percentage of the product of the district's transportation base	6936
from the prior fiscal year times the annually updated average	6937
efficient transportation use cost per student, times an inflation	6938
factor of two and eight tenths per cent to account for the	6939
one-year difference between the data used in updating the formula	6940
and calculating the payment and the year in which the payment is	6941
made. The percentage shall be the following percentage of that	6942
product specified for the corresponding fiscal year:	6943

	FISCAL YEAR		PERCENTAGE		6944
	2000		52.5%		6945
	2001		55%		6946
	2002		57.5%		6947
	2003 and thereafter		The greater of 60% or the district's state share percentage		6948

The payments made under division (D)(3) of this section each	6949
year shall be calculated based on all of the same prior year's	6950
data used to update the formula.	6951

(4) In addition to funds paid under divisions (D)(2) and (3)	6952
of this section, a school district shall receive a rough road	6953
subsidy if both of the following apply:	6954

(a) Its county rough road percentage is higher than the	6955
statewide rough road percentage, as those terms are defined in	6956
division (D)(5) of this section;	6957

(b) Its district student density is lower than the statewide	6958
student density, as those terms are defined in that division.	6959

(5) The rough road subsidy paid to each district meeting the	6960
qualifications of division (D)(4) of this section shall be	6961
calculated in accordance with the following formula:	6962

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

6963

density multiplier

6964

where:

6965

(a) "Per rough mile subsidy" equals the amount calculated in	6966
accordance with the following formula:	6967

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

6968

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

6969

statewide rough road percentage)]}

6970

(i) "Maximum rough road percentage" means the highest county	6971
rough road percentage in the state.	6972

(ii) "County rough road percentage" equals the percentage of	6973
the mileage of state, municipal, county, and township roads that	6974
is rated by the department of transportation as type A, B, C, E2,	6975
or F in the county in which the school district is located or, if	6976
the district is located in more than one county, the county to	6977
which it is assigned for purposes of determining its	6978
cost-of-doing-business factor.	6979

(iii) "Statewide rough road percentage" means the percentage	6980
of the statewide total mileage of state, municipal, county, and	6981
township roads that is rated as type A, B, C, E2, or F by the	6982
department of transportation.	6983

(b) "Total rough road miles" means a school district's total	6984
bus miles traveled in one year times its county rough road	6985
percentage.	6986

(c) "Density multiplier" means a figure calculated in	6987
accordance with the following formula:	6988

1 - [(minimum student density - district student

6989

density)/(minimum student density -

6990

statewide student density)]

6991

(i) "Minimum student density" means the lowest district	6992
student density in the state.	6993

(ii) "District student density" means a school district's	6994
transportation base divided by the number of square miles in the	6995
district.	6996

(iii) "Statewide student density" means the sum of the	6997
transportation bases for all school districts divided by the sum	6998
of the square miles in all school districts.	6999

(6) In addition to funds paid under divisions (D)(2) to (5)	7000
of this section, each district shall receive in accordance with	7001
rules adopted by the state board of education a payment for	7002
students transported by means other than board-owned or	7003
contractor-operated buses and whose transportation is not funded	7004
under division (G) of section 3317.024 of the Revised Code. The	7005
rules shall include provisions for school district reporting of	7006
such students.	7007

(E)(1) The department shall compute and distribute state	7008
vocational education additional weighted costs funds to each	7009
school district in accordance with the following formula:	7010

state share percentage X

7011

the formula amount X

7012

total vocational education weight

7013

In any fiscal year, a school district receiving funds under	7014
division (E)(1) of this section shall spend those funds only for	7015
the purposes that the department designates as approved for	7016
vocational education expenses. Vocational educational expenses	7017
approved by the department shall include only expenses connected	7018
to the delivery of career-technical programming to	7019
career-technical students. The department shall require the school	7020
district to report data annually so that the department may	7021
monitor the district's compliance with the requirements regarding	7022
the manner in which funding received under division (E)(1) of this	7023
section may be spent.	7024

(2) The department shall compute for each school district	7025
state funds for vocational education associated services in	7026
accordance with the following formula:	7027

state share percentage X .05 X

7028

the formula amount X the sum of categories one and two

7029

vocational education ADM

7030

In any fiscal year, a school district receiving funds under	7031
division (E)(2) of this section, or through a transfer of funds	7032
pursuant to division (L) of section 3317.023 of the Revised Code,	7033
shall spend those funds only for the purposes that the department	7034
designates as approved for vocational education associated	7035
services expenses, which may include such purposes as	7036
apprenticeship coordinators, coordinators for other vocational	7037
education services, vocational evaluation, and other purposes	7038
designated by the department. The department may deny payment	7039
under division (E)(2) of this section to any district that the	7040
department determines is not operating those services or is using	7041
funds paid under division (E)(2) of this section, or through a	7042
transfer of funds pursuant to division (L) of section 3317.023 of	7043
the Revised Code, for other purposes.	7044

(F) The actual local share in any fiscal year for the	7045
combination of special education and related services additional	7046
weighted costs funding calculated under division (C)(1) of this	7047
section, transportation funding calculated under divisions (D)(2)	7048
and (3) of this section, and vocational education and associated	7049
services additional weighted costs funding calculated under	7050
divisions (E)(1) and (2) of this section shall not exceed for any	7051
school district the product of three and three-tenths mills times	7052
the district's recognized valuation. The department annually shall	7053
pay each school district as an excess cost supplement any amount	7054
by which the sum of the district's attributed local shares for	7055
that funding exceeds that product. For purposes of calculating the	7056
excess cost supplement:	7057

(1) The attributed local share for special education and	7058
related services additional weighted costs funding is the amount	7059
specified in division (C)(2) of this section.	7060

(2) The attributed local share of transportation funding	7061
equals the difference of the total amount calculated for the	7062
district using the formula developed under division (D)(2) of this	7063
section minus the actual amount paid to the district after	7064
applying the percentage specified in division (D)(3) of this	7065
section.	7066

(3) The attributed local share of vocational education and	7067
associated services additional weighted costs funding is the	7068
amount determined as follows:	7069

(1 - state share percentage) X

7070

[(total vocational education weight X

7071

the formula amount) + the payment under

7072

division (E)(2) of this section]

7073

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

7074

(1) "Poverty percentage" means the quotient obtained by	7075
dividing the five-year average number of children ages five to	7076
seventeen residing in the school district and living in a family	7077
receiving assistance under the Ohio works first program or an	7078
antecedent program known as TANF or ADC, as certified or adjusted	7079
under section 3317.10 of the Revised Code, by the district's	7080
three-year average formula ADM.	7081

(2) "Statewide poverty percentage" means the five-year	7082
average of the total number of children ages five to seventeen	7083
years residing in the state and receiving assistance under the	7084
Ohio works first program or an antecedent program known as TANF or	7085
ADC, divided by the sum of the three-year average formula ADMs for	7086
all school districts in the state.	7087

(3) "Poverty index" means the quotient obtained by dividing	7088
the school district's poverty percentage by the statewide poverty	7089
percentage.	7090

(4) "Poverty student count" means the five-year average	7091
number of children ages five to seventeen residing in the school	7092
district and living in a family receiving assistance under the	7093
Ohio works first program or an antecedent program known as TANF or	7094
ADC, as certified under section 3317.10 of the Revised Code.	7095

(5) "Kindergarten ADM" means the number of students reported	7096
under section 3317.03 of the Revised Code as enrolled in	7097
kindergarten, excluding any kindergarten students reported under	7098
division (B)(3)(e) or, (f), or (g) of section 3317.03 of the	7099
Revised Code.	7100

(6) "Kindergarten through third grade ADM" means the amount	7101
calculated as follows:	7102

(a) Multiply the kindergarten ADM by the sum of one plus the	7103
all-day kindergarten percentage;	7104

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

7105

(c) Subtract from the sum calculated under division (A)(6)(b)	7106
of this section the number of special education students in grades	7107
kindergarten through three.	7108

"Kindergarten through third grade ADM" shall not include any	7109
students reported under division (B)(3)(e) or, (f), or (g) of	7110
section 3317.03 of the Revised Code.	7111

(7) "All-day kindergarten" means a kindergarten class that is	7112
in session five days per week for not less than the same number of	7113
clock hours each day as for pupils in grades one through six.	7114

(8) "All-day kindergarten percentage" means the percentage of	7115
a district's actual total number of students enrolled in	7116
kindergarten who are enrolled in all-day kindergarten.	7117

(9) "Buildings with the highest concentration of need" means	7118
the school buildings in a district with percentages of students in	7119
grades kindergarten through three receiving assistance under Ohio	7120
works first at least as high as the district-wide percentage of	7121
students receiving such assistance.	7122

If, in any fiscal year, the information provided by the	7123
department of job and family services under section 3317.10 of the	7124
Revised Code is insufficient to determine the Ohio works first	7125
percentage in each building, "buildings with the highest	7126
concentration of need" has the meaning given in rules that the	7127
department of education shall adopt. The rules shall base the	7128
definition of "buildings with the highest concentration of need"	7129
on family income of students in grades kindergarten through three	7130
in a manner that, to the extent possible with available data,	7131
approximates the intent of this division and division (K) of this	7132
section to designate buildings where the Ohio works first	7133
percentage in those grades equals or exceeds the district-wide	7134
Ohio works first percentage.	7135

(B) In addition to the amounts required to be paid to a	7136
school district under section 3317.022 of the Revised Code, the	7137
department of education shall compute and distribute to each	7138
school district for poverty-based assistance the greater of the	7139
following:	7140

(1) The amount the district received in fiscal year 2005 for	7141
disadvantaged pupil impact aid pursuant to Section 41.10 of Am.	7142
Sub. H.B. 95 of the 125th General Assemblygeneral assembly, as	7143
amended, minus the amount deducted from the district under Section	7144
16 of Am. Sub. S.B. 2 of the 125th General Assemblygeneral	7145
assembly that year for payments to internet- and computer-based	7146
community schools;	7147

(2) The sum of the computations made under divisions (C) to	7148
(I) of this section.	7149

(C) A payment for academic intervention programs, if the	7150
district's poverty index is greater than or equal to 0.25,	7151
calculated as follows:	7152

(1) If the district's poverty index is greater than or equal	7153
to 0.25, calculate the district's level one amount for large-group	7154
academic intervention for all students as follows:	7155

(a) If the district's poverty index is greater than or equal	7156
to 0.25 but less than 0.75:	7157

large-group intervention units X hourly rate X

7158

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

7159

X phase-in percentage

7160

Where:

7161

(i) "Large-group intervention units" equals the district's	7162
formula ADM divided by 20;	7163

(ii) "Hourly rate" equals $20.00 in fiscal year 2006 and	7164
$20.40 in fiscal year 2007;	7165

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

7166

(iv) "Phase-in percentage" equals 0.60 in fiscal year 2006	7167
and 1.00 in fiscal year 2007.	7168

(b) If the district's poverty index is greater than or equal	7169
to 0.75:	7170

large-group intervention units X hourly rate X

7171

level one hours X phase-in percentage

7172

Where "large-group intervention units," "hourly rate," "level	7173
one hours," and "phase-in percentage" have the same meanings as in	7174
division (C)(1)(a) of this section.	7175

(2) If the district's poverty index is greater than or equal	7176
to 0.75, calculate the district's level two amount for	7177
medium-group academic intervention for all students as follows:	7178

(a) If the district's poverty index is greater than or equal	7179
to 0.75 but less than 1.50:	7180

medium-group intervention units X hourly rate

7181

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

7182

X phase-in percentage

7183

Where:

7184

(i) "Medium group intervention units" equals the district's	7185
formula ADM divided by 15;	7186

(ii) "Hourly rate," "level one hours," and "phase-in	7187
percentage" have the same meanings as in division (C)(1)(a) of	7188
this section.	7189

(b) If the district's poverty index is greater than or equal	7190
to 1.50:	7191

medium-group intervention units X hourly rate X

7192

level two hours X phase-in percentage

7193

Where:

7194

(i) "Medium group intervention units" has the same meaning as	7195
in division (C)(2)(a)(i) of this section;	7196

(ii) "Hourly rate" and "phase-in percentage" have the same	7197
meanings as in division (C)(1)(a) of this section;	7198

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

7199

(3) If the district's poverty index is greater than or equal	7200
to 1.50, calculate the district's level three amount for	7201
small-group academic intervention for impoverished students as	7202
follows:	7203

(a) If the district's poverty index is greater than or equal	7204
to 1.50 but less than 2.50:	7205

small group intervention units X hourly rate X

7206

{level one hours + [level three hours X

7207

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

7208

Where:

7209

(i) "Small group intervention units" equals the quotient of	7210
(the district's poverty student count times 3) divided by 10;	7211

(ii) "Hourly rate," "level one hours," and "phase-in	7212
percentage" have the same meanings as in division (C)(1)(a) of	7213
this section;	7214

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

7215

(b) If the district's poverty index is greater than or equal	7216
to 2.50:	7217

small group intervention units X hourly rate

7218

X level three hours X phase-in percentage

7219

Where:

7220

(i) "Small group intervention units" has the same meaning as	7221
in division (C)(3)(a)(i) of this section;	7222

(ii) "Hourly rate" and "phase-in percentage" have the same	7223
meanings as in division (C)(1)(a) of this section;	7224

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

7225

Any district that receives funds under division (C)(2) or (3)	7226
of this section annually shall submit to the department of	7227
education by a date established by the department a plan	7228
describing how the district will deploy those funds. The	7229
deployment measures described in that plan shall comply with any	7230
applicable spending requirements prescribed in division (J)(6) of	7231
this section or with any order issued by the superintendent of	7232
public instruction under section 3317.017 of the Revised Code.	7233

(D) A payment for all-day kindergarten if the poverty index	7234
of the school district is greater than or equal to 1.0 or if the	7235
district's three-year average formula ADM exceeded seventeen	7236
thousand five hundred. In addition, the department shall make a	7237
payment under this division to any school district that, in a	7238
prior fiscal year, qualified for this payment and provided all-day	7239
kindergarten, regardless of changes to the district's poverty	7240
index. The department shall calculate the payment under this	7241
division by multiplying the all-day kindergarten percentage by the	7242
kindergarten ADM and multiplying that product by the formula	7243
amount.	7244

(E) A class-size reduction payment based on calculating the	7245
number of new teachers necessary to achieve a lower	7246
student-teacher ratio, as follows:	7247

(1) Determine or calculate a formula number of teachers per	7248
one thousand students based on the poverty index of the school	7249
district as follows:	7250

(a) If the poverty index of the school district is less than	7251
1.0, the formula number of teachers is 50.0, which is the number	7252
of teachers per one thousand students at a student-teacher ratio	7253
of twenty to one;	7254

(b) If the poverty index of the school district is greater	7255
than or equal to 1.0, but less than 1.5, the formula number of	7256
teachers is calculated as follows:	7257

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

7258

Where 50.0 is the number of teachers per one thousand	7259
students at a student-teacher ratio of twenty to one; 0.5 is the	7260
interval from a poverty index of 1.0 to a poverty index of 1.5;	7261
and 16.667 is the difference in the number of teachers per one	7262
thousand students at a student-teacher ratio of fifteen to one and	7263
the number of teachers per one thousand students at a	7264
student-teacher ratio of twenty to one.	7265

(c) If the poverty index of the school district is greater	7266
than or equal to 1.5, the formula number of teachers is 66.667,	7267
which is the number of teachers per one thousand students at a	7268
student-teacher ratio of fifteen to one.	7269

(2) Multiply the formula number of teachers determined or	7270
calculated in division (E)(1) of this section by the kindergarten	7271
through third grade ADM for the district and divide that product	7272
by one thousand;	7273

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

7274

(a) Multiply the kindergarten through third grade ADM by	7275
50.0, which is the number of teachers per one thousand students at	7276
a student-teacher ratio of twenty to one, and divide that product	7277
by one thousand;	7278

(b) Subtract the quotient obtained in division (E)(3)(a) of	7279
this section from the product in division (E)(2) of this section.	7280

(4) Multiply the greater of the difference obtained under	7281
division (E)(3) of this section or zero by the statewide average	7282
teachers compensation. For this purpose, the "statewide average	7283
teacher compensation" is $53,680 in fiscal year 2006 and $54,941	7284
in fiscal year 2007, which includes an amount for the value of	7285
fringe benefits.	7286

(F) A payment for services to limited English proficient	7287
students, if the district's poverty index is greater than or equal	7288
to 1.0 and the proportion of its students who are limited English	7289
proficient, as reported in 2003 on its school district report	7290
issued under section 3302.03 of the Revised Code for the 2002-2003	7291
school year, is greater than or equal to 2.0%, calculated as	7292
follows:	7293

(1) If the district's poverty index is greater than or equal	7294
to 1.0, but less than 1.75, determine the amount per limited	7295
English proficient student as follows:	7296

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

7297

X formula amount

7298

(2) If the district's poverty index is greater than or equal	7299
to 1.75, the amount per limited English proficient student equals:	7300

0.25 X formula amount

7301

(3) Multiply the per student amount determined for the	7302
district under division (F)(1) or (2) of this section by the	7303
number of the district's limited English proficient students,	7304
times a phase-in percentage of 0.40 in fiscal year 2006 and 0.70	7305
in fiscal year 2007. For purposes of this calculation, the number	7306
of limited English proficient students for each district shall be	7307
the number determined by the department when it calculated the	7308
district's percentage of limited English proficient students for	7309
its school district report card issued in 2003 for the 2002-2003	7310
school year.	7311

Not later than December 31, 2006, the department of education	7312
shall recommend to the general assembly and the director of budget	7313
and management a method of identifying the number of limited	7314
English proficient students for purposes of calculating payments	7315
under this division after fiscal year 2007.	7316

(G) A payment for professional development of teachers, if	7317
the district's poverty index is greater than or equal to 1.0,	7318
calculated as follows:	7319

(1) If the district's poverty index is greater than or equal	7320
to 1.0, but less than 1.75, determine the amount per teacher as	7321
follows:	7322

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

7323

(2) If the district's poverty index is greater than or equal	7324
to 1.75, the amount per teacher equals:	7325

0.045 X formula amount

7326

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

7327

(formula ADM/17)

7328

(4) Multiply the per teacher amount determined for the	7329
district under division (G)(1) or (2) of this section by the	7330
number of teachers determined under division (G)(3) of this	7331
section, times a phase-in percentage of 0.40 in fiscal year 2006	7332
and 0.70 in fiscal year 2007.	7333

(H) A payment for dropout prevention, if the district is a	7334
big eight school district as defined in section 3314.02 of the	7335
Revised Code, calculated as follows:	7336

0.005 X formula amount X poverty index

7337

X formula ADM X phase-in percentage

7338

Where "phase-in percentage" equals 0.40 in fiscal year 2006	7339
and 0.70 in fiscal year 2007.	7340

(I) An amount for community outreach, if the district is an	7341
urban school district as defined in section 3314.02 of the Revised	7342
Code, calculated as follows:	7343

0.005 X formula amount X poverty index X

7344

formula ADM X phase-in percentage

7345

Where "phase-in percentage" equals 0.40 in fiscal year 2006	7346
and 0.70 in fiscal year 2007.	7347

(J) This division applies only to school districts whose	7348
poverty index is 1.0 or greater.	7349

(1) Each school district subject to this division shall first	7350
utilize funds received under this section so that, when combined	7351
with other funds of the district, sufficient funds exist to	7352
provide all-day kindergarten to at least the number of children in	7353
the district's all-day kindergarten percentage. To satisfy this	7354
requirement, a district may use funds paid under division (C),	7355
(F), (G), (H), or (I) of this section to provide all-day	7356
kindergarten in addition to the all-day kindergarten payment under	7357
division (D) of this section.	7358

(2) Except as permitted under division (J)(1) of this	7359
section, each school district shall use its payment under division	7360
(F) of this section for one or more of the following purposes:	7361

(a) To hire teachers for limited English proficient students	7362
or other personnel to provide intervention services for those	7363
students;	7364

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

7365

(c) To provide other services to assist those students in	7366
passing the third-grade reading achievement test, and to provide	7367
for those students the intervention services required by section	7368
3313.608 of the Revised Code.	7369

(3) Except as permitted under division (J)(1) of this	7370
section, each school district shall use its payment under division	7371
(G) of this section for professional development of teachers or	7372
other licensed personnel providing educational services to	7373
students only in one or more of the following areas:	7374

(a) Data-based decision making;

7375

(b) Standards-based curriculum models;

7376

(c) Job-embedded professional development activities that are	7377
research-based, as defined in federal law.	7378

In addition, each district shall use the payment only to	7379
implement programs identified on a list of eligible professional	7380
development programs provided by the department of education. The	7381
department annually shall provide the list to each district	7382
receiving a payment under division (G) of this section. However, a	7383
district may apply to the department for a waiver to implement an	7384
alternative professional development program in one or more of the	7385
areas specified in divisions (J)(3)(a) to (c) of this section. If	7386
the department grants the waiver, the district may use its payment	7387
under division (G) of this section to implement the alternative	7388
program.	7389

(4) Except as permitted under division (J)(1) of this	7390
section, each big eight school district shall use its payment	7391
under division (H) of this section either for preventing at-risk	7392
students from dropping out of school, for safety and security	7393
measures described in division (J)(5)(b) of this section, for	7394
academic intervention services described in division (J)(6) of	7395
this section, or for a combination of those purposes. Not later	7396
than September 1, 2005, the department of education shall provide	7397
each big eight school district with a list of dropout prevention	7398
programs that it has determined are successful. The department	7399
subsequently may update the list. Each district that elects to use	7400
its payment under division (H) of this section for dropout	7401
prevention shall use the payment only to implement a dropout	7402
prevention program specified on the department's list. However, a	7403
district may apply to the department for a waiver to implement an	7404
alternative dropout prevention program. If the department grants	7405
the waiver, the district may use its payment under division (H) of	7406
this section to implement the alternative program.	7407

(5) Except as permitted under division (J)(1) of this	7408
section, each urban school district that has a poverty index	7409
greater than or equal to 1.0 shall use its payment under division	7410
(I) of this section for one or a combination of the following	7411
purposes:	7412

(a) To hire or contract for community liaison officers,	7413
attendance or truant officers, or safety and security personnel;	7414

(b) To implement programs designed to ensure that schools are	7415
free of drugs and violence and have a disciplined environment	7416
conducive to learning;	7417

(c) To implement academic intervention services described in	7418
division (J)(6) of this section.	7419

(6) Except as permitted under division (J)(1) of this	7420
section, each school district with a poverty index greater than or	7421
equal to 1.0 shall use the amount of its payment under division	7422
(C) of this section, and may use any amount of its payment under	7423
division (H) or (I) of this section, for academic intervention	7424
services for students who have failed or are in danger of failing	7425
any of the tests administered pursuant to section 3301.0710 of the	7426
Revised Code, including intervention services required by section	7427
3313.608 of the Revised Code. Except as permitted under division	7428
(J)(1) of this section, no district shall spend any portion of its	7429
payment under division (C) of this section for any other purpose.	7430
Notwithstanding any provision to the contrary in Chapter 4117. of	7431
the Revised Code, no collective bargaining agreement entered into	7432
after June 30, 2005, shall require use of the payment for any	7433
other purpose.	7434

(7) Except as otherwise required by division (K) or permitted	7435
under division (O) of this section, all remaining funds	7436
distributed under this section to districts with a poverty index	7437
greater than or equal to 1.0 shall be utilized for the purpose of	7438
the third grade guarantee. The third grade guarantee consists of	7439
increasing the amount of instructional attention received per	7440
pupil in kindergarten through third grade, either by reducing the	7441
ratio of students to instructional personnel or by increasing the	7442
amount of instruction and curriculum-related activities by	7443
extending the length of the school day or the school year.	7444

School districts may implement a reduction of the ratio of	7445
students to instructional personnel through any or all of the	7446
following methods:	7447

(a) Reducing the number of students in a classroom taught by	7448
a single teacher;	7449

(b) Employing full-time educational aides or educational	7450
paraprofessionals issued a permit or license under section	7451
3319.088 of the Revised Code;	7452

(c) Instituting a team-teaching method that will result in a	7453
lower student-teacher ratio in a classroom.	7454

Districts may extend the school day either by increasing the	7455
amount of time allocated for each class, increasing the number of	7456
classes provided per day, offering optional academic-related	7457
after-school programs, providing curriculum-related extra	7458
curricular activities, or establishing tutoring or remedial	7459
services for students who have demonstrated an educational need.	7460
In accordance with section 3319.089 of the Revised Code, a	7461
district extending the school day pursuant to this division may	7462
utilize a participant of the work experience program who has a	7463
child enrolled in a public school in that district and who is	7464
fulfilling the work requirements of that program by volunteering	7465
or working in that public school. If the work experience program	7466
participant is compensated, the school district may use the funds	7467
distributed under this section for all or part of the	7468
compensation.	7469

Districts may extend the school year either through adding	7470
regular days of instruction to the school calendar or by providing	7471
summer programs.	7472

(K) Each district shall not expend any funds received under	7473
division (E) of this section in any school buildings that are not	7474
buildings with the highest concentration of need, unless there is	7475
a ratio of instructional personnel to students of no more than	7476
fifteen to one in each kindergarten and first grade class in all	7477
buildings with the highest concentration of need. This division	7478
does not require that the funds used in buildings with the highest	7479
concentration of need be spent solely to reduce the ratio of	7480
instructional personnel to students in kindergarten and first	7481
grade. A school district may spend the funds in those buildings in	7482
any manner permitted by division (J)(7) of this section, but may	7483
not spend the money in other buildings unless the fifteen-to-one	7484
ratio required by this division is attained.	7485

(L)(1) By the first day of August of each fiscal year, each	7486
school district wishing to receive any funds under division (D) of	7487
this section shall submit to the department of education an	7488
estimate of its all-day kindergarten percentage. Each district	7489
shall update its estimate throughout the fiscal year in the form	7490
and manner required by the department, and the department shall	7491
adjust payments under this section to reflect the updates.	7492

(2) Annually by the end of December, the department of	7493
education, utilizing data from the information system established	7494
under section 3301.0714 of the Revised Code, shall determine for	7495
each school district subject to division (J) of this section	7496
whether in the preceding fiscal year the district's ratio of	7497
instructional personnel to students and its number of kindergarten	7498
students receiving all-day kindergarten appear reasonable, given	7499
the amounts of money the district received for that fiscal year	7500
pursuant to divisions (D) and (E) of this section. If the	7501
department is unable to verify from the data available that	7502
students are receiving reasonable amounts of instructional	7503
attention and all-day kindergarten, given the funds the district	7504
has received under this section and that class-size reduction	7505
funds are being used in school buildings with the highest	7506
concentration of need as required by division (K) of this section,	7507
the department shall conduct a more intensive investigation to	7508
ensure that funds have been expended as required by this section.	7509
The department shall file an annual report of its findings under	7510
this division with the chairpersons of the committees in each	7511
house of the general assembly dealing with finance and education.	7512

(M)(1) Each school district with a poverty index less than	7513
1.0 that receives a payment under division (D) of this section	7514
shall first utilize funds received under this section so that,	7515
when combined with other funds of the district, sufficient funds	7516
exist to provide all-day kindergarten to at least the number of	7517
children in the district's all-day kindergarten percentage. To	7518
satisfy this requirement, a district may use funds paid under	7519
division (C) or (I) of this section to provide all-day	7520
kindergarten in addition to the all-day kindergarten payment under	7521
division (D) of this section.	7522

(2) Except as permitted under division (M)(1) of this	7523
section, each school district with a poverty index less than 1.0	7524
that receives a payment under division (C) of this section shall	7525
use its payment under that division in accordance with all	7526
requirements of division (J)(6) of this section.	7527

(3) Except as permitted under division (M)(1) of this	7528
section, each school district with a poverty index less than 1.0	7529
that receives a payment under division (I) of this section shall	7530
use its payment under that division for one or a combination of	7531
the following purposes:	7532

(a) To hire or contract for community liaison officers,	7533
attendance or truant officers, or safety and security personnel;	7534

(b) To implement programs designed to ensure that schools are	7535
free of drugs and violence and have a disciplined environment	7536
conducive to learning;	7537

(c) To implement academic intervention services described in	7538
division (J)(6) of this section.	7539

(4) Each school district to which division (M)(1), (2), or	7540
(3) of this section applies shall expend the remaining funds	7541
received under this section, and any other district with a poverty	7542
index less than 1.0 shall expend all funds received under this	7543
section, for any of the following purposes:	7544

(a) The purchase of technology for instructional purposes for	7545
remediation;	7546

(b) All-day kindergarten;

7547

(c) Reduction of class sizes in grades kindergarten through	7548
three, as described in division (J)(7) of this section;	7549

(d) Summer school remediation;

7550

(e) Dropout prevention programs approved by the department of	7551
education under division (J)(4) of this section;	7552

(f) Guaranteeing that all third graders are ready to progress	7553
to more advanced work;	7554

(g) Summer education and work programs;

7555

(h) Adolescent pregnancy programs;

7556

(i) Head start, preschool, early childhood education, or	7557
early learning programs;	7558

(j) Reading improvement and remediation programs described by	7559
the department of education;	7560

(k) Programs designed to ensure that schools are free of	7561
drugs and violence and have a disciplined environment conducive to	7562
learning;	7563

(l) Furnishing, free of charge, materials used in courses of	7564
instruction, except for the necessary textbooks or electronic	7565
textbooks required to be furnished without charge pursuant to	7566
section 3329.06 of the Revised Code, to pupils living in families	7567
participating in Ohio works first in accordance with section	7568
3313.642 of the Revised Code;	7569

(m) School breakfasts provided pursuant to section 3313.813	7570
of the Revised Code.	7571

(N) If at any time the superintendent of public instruction	7572
determines that a school district receiving funds under division	7573
(D) of this section has enrolled less than the all-day	7574
kindergarten percentage reported for that fiscal year, the	7575
superintendent shall withhold from the funds otherwise due the	7576
district under this section a proportional amount as determined by	7577
the difference in the certified all-day kindergarten percentage	7578
and the percentage actually enrolled in all-day kindergarten.	7579

The superintendent shall also withhold an appropriate amount	7580
of funds otherwise due a district for any other misuse of funds	7581
not in accordance with this section.	7582

(O)(1) A district may use a portion of the funds calculated	7583
for it under division (D) of this section to modify or purchase	7584
classroom space to provide all-day kindergarten, if both of the	7585
following conditions are met:	7586

(a) The district certifies to the department, in a manner	7587
acceptable to the department, that it has a shortage of space for	7588
providing all-day kindergarten.	7589

(b) The district provides all-day kindergarten to the number	7590
of children in the all-day kindergarten percentage it certified	7591
under this section.	7592

(2) A district may use a portion of the funds described in	7593
division (J)(7) of this section to modify or purchase classroom	7594
space to enable it to further reduce class size in grades	7595
kindergarten through two with a goal of attaining class sizes of	7596
fifteen students per licensed teacher. To do so, the district must	7597
certify its need for additional space to the department, in a	7598
manner satisfactory to the department.	7599

Sec. 3317.0217.  The department of education shall annually	7600
compute and pay state parity aid to school districts, as follows:	7601

(A) Calculate the local wealth per pupil of each school	7602
district, which equals the following sum:	7603

(1) Two-thirds times the quotient of (a) the district's	7604
recognized valuation divided by (b) its formula ADM; plus	7605

(2) One-third times the quotient of (a) the average of the	7606
total federal adjusted gross income of the school district's	7607
residents for the three years most recently reported under section	7608
3317.021 of the Revised Code divided by (b) its formula ADM.	7609

(B) Rank all school districts in order of local wealth per	7610
pupil, from the district with the lowest local wealth per pupil to	7611
the district with the highest local wealth per pupil.	7612

(C) Compute the per pupil state parity aid funding for each	7613
school district in accordance with the following formula:	7614

(threshold local wealth

7615

per pupil - the district's local

7616

wealth per pupil) X 0.0075

7617

Where:

7618

(1) Seven and one-half mills (0.0075) is an adjustment to the	7619
original parity aid standard of nine and one-half mills, to	7620
account for the general assembly's policy decision to phase-out	7621
use of the cost-of-doing-business factor in the base cost formula.	7622

(2) The "threshold local wealth per pupil" is the local	7623
wealth per pupil of the school district with the	7624
four-hundred-ninetieth lowest local wealth per pupil.	7625

If the result of the calculation for a school district under	7626
division (C) of this section is less than zero, the district's per	7627
pupil parity aid shall be zero.	7628

(D) Compute the per pupil alternative parity aid for each	7629
school district that has a combination of an income factor of 1.0	7630
or less, a poverty index of 1.0 or greater, and a fiscal year 2005	7631
cost-of-doing-business factor of 1.0375 or greater, in accordance	7632
with the following formula:	7633

Payment percentage X $60,000 X

7634

(1 - income factor) X 4/15 X 0.023

7635

Where:

7636

(1) "Poverty index" has the same meaning as in section	7637
3317.029 of the Revised Code.	7638

(2) "Payment percentage," for purposes of division (D) of	7639
this section, equals 50% in fiscal year 2002 and 100% after fiscal	7640
year 2002.	7641

(E) Pay each district that has a combination of an income	7642
factor of 1.0 or less, a poverty index of 1.0 or greater, and a	7643
fiscal year 2005 cost-of-doing-business factor of 1.0375 or	7644
greater, the greater of the following:	7645

(1) The product of the district's per pupil parity aid	7646
calculated under division (C) of this section times its net	7647
formula ADM;	7648

(2) The product of its per pupil alternative parity aid	7649
calculated under division (D) of this section times its net	7650
formula ADM.	7651

(F) Pay every other district the product of its per pupil	7652
parity aid calculated under division (C) of this section times its	7653
net formula ADM.	7654

(G) As used in divisions (E) and (F) of this section, "net	7655
formula ADM" means formula ADM minus the number of internet- and	7656
computer-based community school students and scholarship students	7657
reported under divisions (B)(3)(e) and, (f), and (g) of section	7658
3317.03 of the Revised Code.	7659

Sec. 3317.03.  Notwithstanding divisions (A)(1), (B)(1), and	7660
(C) of this section, except as provided in division (A)(2)(h) of	7661
this section, any student enrolled in kindergarten more than half	7662
time shall be reported as one-half student under this section.	7663

(A) The superintendent of each city and exempted village	7664
school district and of each educational service center shall, for	7665
the schools under the superintendent's supervision, certify to the	7666
state board of education on or before the fifteenth day of October	7667
in each year for the first full school week in October the formula	7668
ADM. Beginning in fiscal year 2007, each superintendent also shall	7669
certify to the state board, for the schools under the	7670
superintendent's supervision, the formula ADM for the first full	7671
week in February. If a school under the superintendent's	7672
supervision is closed for one or more days during that week due to	7673
hazardous weather conditions or other circumstances described in	7674
the first paragraph of division (B) of section 3317.01 of the	7675
Revised Code, the superintendent may apply to the superintendent	7676
of public instruction for a waiver, under which the superintendent	7677
of public instruction may exempt the district superintendent from	7678
certifying the formula ADM for that school for that week and	7679
specify an alternate week for certifying the formula ADM of that	7680
school.	7681

The formula ADM shall consist of the average daily membership	7682
during such week of the sum of the following:	7683

(1) On an FTE basis, the number of students in grades	7684
kindergarten through twelve receiving any educational services	7685
from the district, except that the following categories of	7686
students shall not be included in the determination:	7687

(a) Students enrolled in adult education classes;

7688

(b) Adjacent or other district students enrolled in the	7689
district under an open enrollment policy pursuant to section	7690
3313.98 of the Revised Code;	7691

(c) Students receiving services in the district pursuant to a	7692
compact, cooperative education agreement, or a contract, but who	7693
are entitled to attend school in another district pursuant to	7694
section 3313.64 or 3313.65 of the Revised Code;	7695

(d) Students for whom tuition is payable pursuant to sections	7696
3317.081 and 3323.141 of the Revised Code;	7697

(e) Students receiving services in the district through a	7698
scholarship awarded under section 3310.41 of the Revised Code.	7699

(2) On an FTE basis, except as provided in division (A)(2)(h)	7700
of this section, the number of students entitled to attend school	7701
in the district pursuant to section 3313.64 or 3313.65 of the	7702
Revised Code, but receiving educational services in grades	7703
kindergarten through twelve from one or more of the following	7704
entities:	7705

(a) A community school pursuant to Chapter 3314. of the	7706
Revised Code, including any participation in a college pursuant to	7707
Chapter 3365. of the Revised Code while enrolled in such community	7708
school;	7709

(b) An alternative school pursuant to sections 3313.974 to	7710
3313.979 of the Revised Code as described in division (I)(2)(a) or	7711
(b) of this section;	7712

(c) A college pursuant to Chapter 3365. of the Revised Code,	7713
except when the student is enrolled in the college while also	7714
enrolled in a community school pursuant to Chapter 3314. of the	7715
Revised Code;	7716

(d) An adjacent or other school district under an open	7717
enrollment policy adopted pursuant to section 3313.98 of the	7718
Revised Code;	7719

(e) An educational service center or cooperative education	7720
district;	7721

(f) Another school district under a cooperative education	7722
agreement, compact, or contract;	7723

(g) A chartered nonpublic school with a scholarship paid	7724
under section 3310.08 of the Revised Code;	7725

(h) An alternative public provider or a registered private	7726
provider with a scholarship awarded under section 3310.41 of the	7727
Revised Code. Each such scholarship student who is enrolled in	7728
kindergarten shall be counted as one full-time-equivalent student.	7729

As used in this section, "alternative public provider" and	7730
"registered private provider" have the same meanings as in section	7731
3310.41 of the Revised Code.	7732

(3) Twenty per cent of the number of students enrolled in a	7733
joint vocational school district or under a vocational education	7734
compact, excluding any students entitled to attend school in the	7735
district under section 3313.64 or 3313.65 of the Revised Code who	7736
are enrolled in another school district through an open enrollment	7737
policy as reported under division (A)(2)(d) of this section and	7738
then enroll in a joint vocational school district or under a	7739
vocational education compact;	7740

(4) The number of handicapped children, other than	7741
handicapped preschool children, entitled to attend school in the	7742
district pursuant to section 3313.64 or 3313.65 of the Revised	7743
Code who are placed by the district with a county MR/DD board,	7744
minus the number of such children placed with a county MR/DD board	7745
in fiscal year 1998. If this calculation produces a negative	7746
number, the number reported under division (A)(4) of this section	7747
shall be zero.	7748

(5) Beginning in fiscal year 2007, in the case of the report	7749
submitted for the first full week in February, or the alternative	7750
week if specified by the superintendent of public instruction, the	7751
number of students reported under division (A)(1) or (2) of this	7752
section for the first full week of the preceding October but who	7753
since that week have received high school diplomas.	7754

(B) To enable the department of education to obtain the data	7755
needed to complete the calculation of payments pursuant to this	7756
chapter, in addition to the formula ADM, each superintendent shall	7757
report separately the following student counts for the same week	7758
for which formula ADM is certified:	7759

(1) The total average daily membership in regular day classes	7760
included in the report under division (A)(1) or (2) of this	7761
section for kindergarten, and each of grades one through twelve in	7762
schools under the superintendent's supervision;	7763

(2) The number of all handicapped preschool children enrolled	7764
as of the first day of December in classes in the district that	7765
are eligible for approval under division (B) of section 3317.05	7766
of the Revised Code and the number of those classes, which shall	7767
be reported not later than the fifteenth day of December, in	7768
accordance with rules adopted under that section;	7769

(3) The number of children entitled to attend school in the	7770
district pursuant to section 3313.64 or 3313.65 of the Revised	7771
Code who are:	7772

(a) Participating in a pilot project scholarship program	7773
established under sections 3313.974 to 3313.979 of the Revised	7774
Code as described in division (I)(2)(a) or (b) of this section;	7775

(b) Enrolled in a college under Chapter 3365. of the Revised	7776
Code, except when the student is enrolled in the college while	7777
also enrolled in a community school pursuant to Chapter 3314. of	7778
the Revised Code;	7779

(c) Enrolled in an adjacent or other school district under	7780
section 3313.98 of the Revised Code;	7781

(d) Enrolled in a community school established under Chapter	7782
3314. of the Revised Code that is not an internet- or	7783
computer-based community school as defined in section 3314.02 of	7784
the Revised Code, including any participation in a college	7785
pursuant to Chapter 3365. of the Revised Code while enrolled in	7786
such community school;	7787

(e) Enrolled in an internet- or computer-based community	7788
school, as defined in section 3314.02 of the Revised Code,	7789
including any participation in a college pursuant to Chapter 3365.	7790
of the Revised Code while enrolled in the school;	7791

(f) Enrolled in a chartered nonpublic school with a	7792
scholarship paid under section 3310.08 of the Revised Code;	7793

(g) Enrolled in kindergarten through grade twelve in an	7794
alternative public provider or a registered private provider with	7795
a scholarship awarded under section 3310.41 of the Revised Code;	7796

(h) Enrolled as a handicapped preschool child in an	7797
alternative public provider or a registered private provider with	7798
a scholarship awarded under section 3310.41 of the Revised Code;	7799

(i) Participating in a program operated by a county MR/DD	7800
board or a state institution.	7801

(4) The number of pupils enrolled in joint vocational	7802
schools;	7803

(5) The average daily membership of handicapped children	7804
reported under division (A)(1) or (2) of this section receiving	7805
special education services for the category one handicap described	7806
in division (A) of section 3317.013 of the Revised Code;	7807

(6) The average daily membership of handicapped children	7808
reported under division (A)(1) or (2) of this section receiving	7809
special education services for category two handicaps described in	7810
division (B) of section 3317.013 of the Revised Code;	7811

(7) The average daily membership of handicapped children	7812
reported under division (A)(1) or (2) of this section receiving	7813
special education services for category three handicaps described	7814
in division (C) of section 3317.013 of the Revised Code;	7815

(8) The average daily membership of handicapped children	7816
reported under division (A)(1) or (2) of this section receiving	7817
special education services for category four handicaps described	7818
in division (D) of section 3317.013 of the Revised Code;	7819

(9) The average daily membership of handicapped children	7820
reported under division (A)(1) or (2) of this section receiving	7821
special education services for the category five handicap	7822
described in division (E) of section 3317.013 of the Revised Code;	7823

(10) The combined average daily membership of handicapped	7824
children reported under division (A)(1) or (2) and under division	7825
(B)(3)(h) of this section receiving special education services for	7826
category six handicaps described in division (F) of section	7827
3317.013 of the Revised Code, including children attending a	7828
special education program operated by an alternative public	7829
provider or a registered private provider with a scholarship	7830
awarded under section 3310.41 of the Revised Code;	7831

(11) The average daily membership of pupils reported under	7832
division (A)(1) or (2) of this section enrolled in category one	7833
vocational education programs or classes, described in division	7834
(A) of section 3317.014 of the Revised Code, operated by the	7835
school district or by another district, other than a joint	7836
vocational school district, or by an educational service center,	7837
excluding any student reported under division (B)(3)(e) of this	7838
section as enrolled in an internet- or computer-based community	7839
school, notwithstanding division (C) of section 3317.02 of the	7840
Revised Code and division (C)(3) of this section;	7841

(12) The average daily membership of pupils reported under	7842
division (A)(1) or (2) of this section enrolled in category two	7843
vocational education programs or services, described in division	7844
(B) of section 3317.014 of the Revised Code, operated by the	7845
school district or another school district, other than a joint	7846
vocational school district, or by an educational service center,	7847
excluding any student reported under division (B)(3)(e) of this	7848
section as enrolled in an internet- or computer-based community	7849
school, notwithstanding division (C) of section 3317.02 of the	7850
Revised Code and division (C)(3) of this section;	7851

(13) The average number of children transported by the school	7852
district on board-owned or contractor-owned and -operated buses,	7853
reported in accordance with rules adopted by the department of	7854
education;	7855

(14)(a) The number of children, other than handicapped	7856
preschool children, the district placed with a county MR/DD board	7857
in fiscal year 1998;	7858

(b) The number of handicapped children, other than	7859
handicapped preschool children, placed with a county MR/DD board	7860
in the current fiscal year to receive special education services	7861
for the category one handicap described in division (A) of section	7862
3317.013 of the Revised Code;	7863

(c) The number of handicapped children, other than	7864
handicapped preschool children, placed with a county MR/DD board	7865
in the current fiscal year to receive special education services	7866
for category two handicaps described in division (B) of section	7867
3317.013 of the Revised Code;	7868

(d) The number of handicapped children, other than	7869
handicapped preschool children, placed with a county MR/DD board	7870
in the current fiscal year to receive special education services	7871
for category three handicaps described in division (C) of section	7872
3317.013 of the Revised Code;	7873

(e) The number of handicapped children, other than	7874
handicapped preschool children, placed with a county MR/DD board	7875
in the current fiscal year to receive special education services	7876
for category four handicaps described in division (D) of section	7877
3317.013 of the Revised Code;	7878

(f) The number of handicapped children, other than	7879
handicapped preschool children, placed with a county MR/DD board	7880
in the current fiscal year to receive special education services	7881
for the category five handicap described in division (E) of	7882
section 3317.013 of the Revised Code;	7883

(g) The number of handicapped children, other than	7884
handicapped preschool children, placed with a county MR/DD board	7885
in the current fiscal year to receive special education services	7886
for category six handicaps described in division (F) of section	7887
3317.013 of the Revised Code.	7888

(C)(1) Except as otherwise provided in this section for	7889
kindergarten students, the average daily membership in divisions	7890
(B)(1) to (12) of this section shall be based upon the number of	7891
full-time equivalent students. The state board of education shall	7892
adopt rules defining full-time equivalent students and for	7893
determining the average daily membership therefrom for the	7894
purposes of divisions (A), (B), and (D) of this section.	7895

(2) A student enrolled in a community school established	7896
under Chapter 3314. of the Revised Code shall be counted in the	7897
formula ADM and, if applicable, the category one, two, three,	7898
four, five, or six special education ADM of the school district in	7899
which the student is entitled to attend school under section	7900
3313.64 or 3313.65 of the Revised Code for the same proportion of	7901
the school year that the student is counted in the enrollment of	7902
the community school for purposes of section 3314.08 of the	7903
Revised Code.	7904

(3) No child shall be counted as more than a total of one	7905
child in the sum of the average daily memberships of a school	7906
district under division (A), divisions (B)(1) to (12), or division	7907
(D) of this section, except as follows:	7908

(a) A child with a handicap described in section 3317.013 of	7909
the Revised Code may be counted both in formula ADM and in	7910
category one, two, three, four, five, or six special education ADM	7911
and, if applicable, in category one or two vocational education	7912
ADM. As provided in division (C) of section 3317.02 of the Revised	7913
Code, such a child shall be counted in category one, two, three,	7914
four, five, or six special education ADM in the same proportion	7915
that the child is counted in formula ADM.	7916

(b) A child enrolled in vocational education programs or	7917
classes described in section 3317.014 of the Revised Code may be	7918
counted both in formula ADM and category one or two vocational	7919
education ADM and, if applicable, in category one, two, three,	7920
four, five, or six special education ADM. Such a child shall be	7921
counted in category one or two vocational education ADM in the	7922
same proportion as the percentage of time that the child spends in	7923
the vocational education programs or classes.	7924

(4) Based on the information reported under this section, the	7925
department of education shall determine the total student count,	7926
as defined in section 3301.011 of the Revised Code, for each	7927
school district.	7928

(D)(1) The superintendent of each joint vocational school	7929
district shall certify to the superintendent of public instruction	7930
on or before the fifteenth day of October in each year for the	7931
first full school week in October the formula ADM. Beginning in	7932
fiscal year 2007, each superintendent also shall certify to the	7933
state superintendent the formula ADM for the first full week in	7934
February. If a school operated by the joint vocational school	7935
district is closed for one or more days during that week due to	7936
hazardous weather conditions or other circumstances described in	7937
the first paragraph of division (B) of section 3317.01 of the	7938
Revised Code, the superintendent may apply to the superintendent	7939
of public instruction for a waiver, under which the superintendent	7940
of public instruction may exempt the district superintendent from	7941
certifying the formula ADM for that school for that week and	7942
specify an alternate week for certifying the formula ADM of that	7943
school.	7944

The formula ADM, except as otherwise provided in this	7945
division, shall consist of the average daily membership during	7946
such week, on an FTE basis, of the number of students receiving	7947
any educational services from the district, including students	7948
enrolled in a community school established under Chapter 3314. of	7949
the Revised Code who are attending the joint vocational district	7950
under an agreement between the district board of education and the	7951
governing authority of the community school and are entitled to	7952
attend school in a city, local, or exempted village school	7953
district whose territory is part of the territory of the joint	7954
vocational district. Beginning in fiscal year 2007, in the case of	7955
the report submitted for the first week in February, or the	7956
alternative week if specified by the superintendent of public	7957
instruction, the superintendent of the joint vocational school	7958
district may include the number of students reported under	7959
division (D)(1) of this section for the first full week of the	7960
preceding October but who since that week have received high	7961
school diplomas.	7962

The following categories of students shall not be included in	7963
the determination made under division (D)(1) of this section:	7964

(a) Students enrolled in adult education classes;

7965

(b) Adjacent or other district joint vocational students	7966
enrolled in the district under an open enrollment policy pursuant	7967
to section 3313.98 of the Revised Code;	7968

(c) Students receiving services in the district pursuant to a	7969
compact, cooperative education agreement, or a contract, but who	7970
are entitled to attend school in a city, local, or exempted	7971
village school district whose territory is not part of the	7972
territory of the joint vocational district;	7973

(d) Students for whom tuition is payable pursuant to sections	7974
3317.081 and 3323.141 of the Revised Code.	7975

(2) To enable the department of education to obtain the data	7976
needed to complete the calculation of payments pursuant to this	7977
chapter, in addition to the formula ADM, each superintendent shall	7978
report separately the average daily membership included in the	7979
report under division (D)(1) of this section for each of the	7980
following categories of students for the same week for which	7981
formula ADM is certified:	7982

(a) Students enrolled in each grade included in the joint	7983
vocational district schools;	7984

(b) Handicapped children receiving special education services	7985
for the category one handicap described in division (A) of section	7986
3317.013 of the Revised Code;	7987

(c) Handicapped children receiving special education services	7988
for the category two handicaps described in division (B) of	7989
section 3317.013 of the Revised Code;	7990

(d) Handicapped children receiving special education services	7991
for category three handicaps described in division (C) of section	7992
3317.013 of the Revised Code;	7993

(e) Handicapped children receiving special education services	7994
for category four handicaps described in division (D) of section	7995
3317.013 of the Revised Code;	7996

(f) Handicapped children receiving special education services	7997
for the category five handicap described in division (E) of	7998
section 3317.013 of the Revised Code;	7999

(g) Handicapped children receiving special education services	8000
for category six handicaps described in division (F) of section	8001
3317.013 of the Revised Code;	8002

(h) Students receiving category one vocational education	8003
services, described in division (A) of section 3317.014 of the	8004
Revised Code;	8005

(i) Students receiving category two vocational education	8006
services, described in division (B) of section 3317.014 of the	8007
Revised Code.	8008

The superintendent of each joint vocational school district	8009
shall also indicate the city, local, or exempted village school	8010
district in which each joint vocational district pupil is entitled	8011
to attend school pursuant to section 3313.64 or 3313.65 of the	8012
Revised Code.	8013

(E) In each school of each city, local, exempted village,	8014
joint vocational, and cooperative education school district there	8015
shall be maintained a record of school membership, which record	8016
shall accurately show, for each day the school is in session, the	8017
actual membership enrolled in regular day classes. For the purpose	8018
of determining average daily membership, the membership figure of	8019
any school shall not include any pupils except those pupils	8020
described by division (A) of this section. The record of	8021
membership for each school shall be maintained in such manner that	8022
no pupil shall be counted as in membership prior to the actual	8023
date of entry in the school and also in such manner that where for	8024
any cause a pupil permanently withdraws from the school that pupil	8025
shall not be counted as in membership from and after the date of	8026
such withdrawal. There shall not be included in the membership of	8027
any school any of the following:	8028

(1) Any pupil who has graduated from the twelfth grade of a	8029
public or nonpublic high school;	8030

(2) Any pupil who is not a resident of the state;

8031

(3) Any pupil who was enrolled in the schools of the district	8032
during the previous school year when tests were administered under	8033
section 3301.0711 of the Revised Code but did not take one or more	8034
of the tests required by that section and was not excused pursuant	8035
to division (C)(1) or (3) of that section;	8036

(4) Any pupil who has attained the age of twenty-two years,	8037
except for veterans of the armed services whose attendance was	8038
interrupted before completing the recognized twelve-year course of	8039
the public schools by reason of induction or enlistment in the	8040
armed forces and who apply for reenrollment in the public school	8041
system of their residence not later than four years after	8042
termination of war or their honorable discharge.	8043

If, however, any veteran described by division (E)(4) of this	8044
section elects to enroll in special courses organized for veterans	8045
for whom tuition is paid under the provisions of federal laws, or	8046
otherwise, that veteran shall not be included in average daily	8047
membership.	8048

Notwithstanding division (E)(3) of this section, the	8049
membership of any school may include a pupil who did not take a	8050
test required by section 3301.0711 of the Revised Code if the	8051
superintendent of public instruction grants a waiver from the	8052
requirement to take the test to the specific pupil and a parent is	8053
not paying tuition for the pupil pursuant to section 3313.6410 of	8054
the Revised Code. The superintendent may grant such a waiver only	8055
for good cause in accordance with rules adopted by the state board	8056
of education.	8057

Except as provided in divisions (B)(2) and (F) of this	8058
section, the average daily membership figure of any local, city,	8059
exempted village, or joint vocational school district shall be	8060
determined by dividing the figure representing the sum of the	8061
number of pupils enrolled during each day the school of attendance	8062
is actually open for instruction during the week for which the	8063
formula ADM is being certified by the total number of days the	8064
school was actually open for instruction during that week. For	8065
purposes of state funding, "enrolled" persons are only those	8066
pupils who are attending school, those who have attended school	8067
during the current school year and are absent for authorized	8068
reasons, and those handicapped children currently receiving home	8069
instruction.	8070

The average daily membership figure of any cooperative	8071
education school district shall be determined in accordance with	8072
rules adopted by the state board of education.	8073

(F)(1) If the formula ADM for the first full school week in	8074
February is at least three per cent greater than that certified	8075
for the first full school week in the preceding October, the	8076
superintendent of schools of any city, exempted village, or joint	8077
vocational school district or educational service center shall	8078
certify such increase to the superintendent of public instruction.	8079
Such certification shall be submitted no later than the fifteenth	8080
day of February. For the balance of the fiscal year, beginning	8081
with the February payments, the superintendent of public	8082
instruction shall use the increased formula ADM in calculating or	8083
recalculating the amounts to be allocated in accordance with	8084
section 3317.022 or 3317.16 of the Revised Code. In no event shall	8085
the superintendent use an increased membership certified to the	8086
superintendent after the fifteenth day of February. Division	8087
(F)(1) of this section does not apply after fiscal year 2006.	8088

(2) If on the first school day of April the total number of	8089
classes or units for handicapped preschool children that are	8090
eligible for approval under division (B) of section 3317.05 of the	8091
Revised Code exceeds the number of units that have been approved	8092
for the year under that division, the superintendent of schools of	8093
any city, exempted village, or cooperative education school	8094
district or educational service center shall make the	8095
certifications required by this section for that day. If the	8096
department determines additional units can be approved for the	8097
fiscal year within any limitations set forth in the acts	8098
appropriating moneys for the funding of such units, the department	8099
shall approve additional units for the fiscal year on the basis of	8100
such average daily membership. For each unit so approved, the	8101
department shall pay an amount computed in the manner prescribed	8102
in section 3317.052 or 3317.19 and section 3317.053 of the Revised	8103
Code.	8104

(3) If a student attending a community school under Chapter	8105
3314. of the Revised Code is not included in the formula ADM	8106
certified for the school district in which the student is entitled	8107
to attend school under section 3313.64 or 3313.65 of the Revised	8108
Code, the department of education shall adjust the formula ADM of	8109
that school district to include the community school student in	8110
accordance with division (C)(2) of this section, and shall	8111
recalculate the school district's payments under this chapter for	8112
the entire fiscal year on the basis of that adjusted formula ADM.	8113
This requirement applies regardless of whether the student was	8114
enrolled, as defined in division (E) of this section, in the	8115
community school during the first full school week in October.	8116

(G)(1)(a) The superintendent of an institution operating a	8117
special education program pursuant to section 3323.091 of the	8118
Revised Code shall, for the programs under such superintendent's	8119
supervision, certify to the state board of education, in the	8120
manner prescribed by the superintendent of public instruction,	8121
both of the following:	8122

(i) The average daily membership of all handicapped children	8123
other than handicapped preschool children receiving services at	8124
the institution for each category of handicap described in	8125
divisions (A) to (F) of section 3317.013 of the Revised Code;	8126

(ii) The average daily membership of all handicapped	8127
preschool children in classes or programs approved annually by the	8128
department of education for unit funding under section 3317.05 of	8129
the Revised Code.	8130

(b) The superintendent of an institution with vocational	8131
education units approved under division (A) of section 3317.05 of	8132
the Revised Code shall, for the units under the superintendent's	8133
supervision, certify to the state board of education the average	8134
daily membership in those units, in the manner prescribed by the	8135
superintendent of public instruction.	8136

(2) The superintendent of each county MR/DD board that	8137
maintains special education classes under section 3317.20 of the	8138
Revised Code or units approved pursuant to section 3317.05 of the	8139
Revised Code shall do both of the following:	8140

(a) Certify to the state board, in the manner prescribed by	8141
the board, the average daily membership in classes under section	8142
3317.20 of the Revised Code for each school district that has	8143
placed children in the classes;	8144

(b) Certify to the state board, in the manner prescribed by	8145
the board, the number of all handicapped preschool children	8146
enrolled as of the first day of December in classes eligible for	8147
approval under division (B) of section 3317.05 of the Revised	8148
Code, and the number of those classes.	8149

(3)(a) If on the first school day of April the number of	8150
classes or units maintained for handicapped preschool children by	8151
the county MR/DD board that are eligible for approval under	8152
division (B) of section 3317.05 of the Revised Code is greater	8153
than the number of units approved for the year under that	8154
division, the superintendent shall make the certification required	8155
by this section for that day.	8156

(b) If the department determines that additional classes or	8157
units can be approved for the fiscal year within any limitations	8158
set forth in the acts appropriating moneys for the funding of the	8159
classes and units described in division (G)(3)(a) of this section,	8160
the department shall approve and fund additional units for the	8161
fiscal year on the basis of such average daily membership. For	8162
each unit so approved, the department shall pay an amount computed	8163
in the manner prescribed in sections 3317.052 and 3317.053 of the	8164
Revised Code.	8165

(H) Except as provided in division (I) of this section, when	8166
any city, local, or exempted village school district provides	8167
instruction for a nonresident pupil whose attendance is	8168
unauthorized attendance as defined in section 3327.06 of the	8169
Revised Code, that pupil's membership shall not be included in	8170
that district's membership figure used in the calculation of that	8171
district's formula ADM or included in the determination of any	8172
unit approved for the district under section 3317.05 of the	8173
Revised Code. The reporting official shall report separately the	8174
average daily membership of all pupils whose attendance in the	8175
district is unauthorized attendance, and the membership of each	8176
such pupil shall be credited to the school district in which the	8177
pupil is entitled to attend school under division (B) of section	8178
3313.64 or section 3313.65 of the Revised Code as determined by	8179
the department of education.	8180

(I)(1) A city, local, exempted village, or joint vocational	8181
school district admitting a scholarship student of a pilot project	8182
district pursuant to division (C) of section 3313.976 of the	8183
Revised Code may count such student in its average daily	8184
membership.	8185

(2) In any year for which funds are appropriated for pilot	8186
project scholarship programs, a school district implementing a	8187
state-sponsored pilot project scholarship program that year	8188
pursuant to sections 3313.974 to 3313.979 of the Revised Code may	8189
count in average daily membership:	8190

(a) All children residing in the district and utilizing a	8191
scholarship to attend kindergarten in any alternative school, as	8192
defined in section 3313.974 of the Revised Code;	8193

(b) All children who were enrolled in the district in the	8194
preceding year who are utilizing a scholarship to attend any such	8195
alternative school.	8196

(J) The superintendent of each cooperative education school	8197
district shall certify to the superintendent of public	8198
instruction, in a manner prescribed by the state board of	8199
education, the applicable average daily memberships for all	8200
students in the cooperative education district, also indicating	8201
the city, local, or exempted village district where each pupil is	8202
entitled to attend school under section 3313.64 or 3313.65 of the	8203
Revised Code.	8204

Sec. 3333.34. (A) As used in this section:

8205

(1) "Pre-college stackable certificate" means a certificate	8206
earned before an adult is enrolled in an institution of higher	8207
education that can be transferred to college credit based on	8208
standards established by the Ohio board of regents and the	8209
department of education.	8210

(2) "College-level certificate" means a certificate earned	8211
while an adult is enrolled in an institution of higher education	8212
that can be transferred to college credit based on standards	8213
established by the board of regents and the department of	8214
education.	8215

(B) The board of regents and the department of education	8216
shall create a system of pre-college stackable certificates to	8217
provide a clear and accessible path for adults seeking to advance	8218
their education. The system shall do all of the following:	8219

(1) Be uniform across the state;

8220

(2) Be available from an array of providers, including adult	8221
career centers, institutions of higher education, and employers;	8222

(3) Be structured to respond to the expectations of both the	8223
workplace and higher education;	8224

(4) Be articulated in a way that ensures the most effective	8225
interconnection of competencies offered in specialized training	8226
programs;	8227

(5) Establish standards for earning pre-college certificates;

8228

(6) Establish transferability of pre-college certificates to	8229
college credit.	8230

(C) The board shall develop college-level certificates that	8231
can be transferred to college credit in different subject	8232
competencies. The certificates shall be based on competencies and	8233
experience and not on classroom seat time.	8234

Sec. 3383.01.  As used in this chapter:

8235

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

8236

(1) Visual, musical, dramatic, graphic, design, and other	8237
arts, including, but not limited to, architecture, dance,	8238
literature, motion pictures, music, painting, photography,	8239
sculpture, and theater, and the provision of training or education	8240
in these arts;	8241

(2) The presentation or making available, in museums or other	8242
indoor or outdoor facilities, of principles of science and their	8243
development, use, or application in business, industry, or	8244
commerce or of the history, heritage, development, presentation,	8245
and uses of the arts described in division (A)(1) of this section	8246
and of transportation;	8247

(3) The preservation, presentation, or making available of	8248
features of archaeological, architectural, environmental, or	8249
historical interest or significance in a state historical facility	8250
or a local historical facility.	8251

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

8252

(1) A governmental agency or Ohio nonprofit corporation that	8253
provides programs or activities in areas directly concerned with	8254
culture;	8255

(2) A regional arts and cultural district as defined in	8256
section 3381.01 of the Revised Code.	8257

(C) "Cultural project" means all or any portion of an Ohio	8258
cultural facility for which the general assembly has specifically	8259
authorized the spending of money, or made an appropriation,	8260
pursuant to division (D)(3) or (E) of section 3383.07 of the	8261
Revised Code.	8262

(D) "Cooperative contract" means a contract between the Ohio	8263
cultural facilities commission and a cultural organization	8264
providing the terms and conditions of the cooperative use of an	8265
Ohio cultural facility.	8266

(E) "Costs of operation" means amounts required to manage an	8267
Ohio cultural facility that are incurred following the completion	8268
of construction of its cultural project, provided that both of the	8269
following apply:	8270

(1) Those amounts either:

8271

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

8272

(b) Equal the principal of any endowment fund, the income	8273
from which is dedicated to that purpose.	8274

(2) The commission and the cultural organization have	8275
executed an agreement with respect to either of those funds.	8276

(F) "General building services" means general building	8277
services for an Ohio cultural facility or an Ohio sports facility,	8278
including, but not limited to, general custodial care, security,	8279
maintenance, repair, painting, decoration, cleaning, utilities,	8280
fire safety, grounds and site maintenance and upkeep, and	8281
plumbing.	8282

(G) "Governmental agency" means a state agency, a	8283
state-supported or state-assisted institution of higher education,	8284
a municipal corporation, county, township, or school district, a	8285
port authority created under Chapter 4582. of the Revised Code,	8286
any other political subdivision or special district in this state	8287
established by or pursuant to law, or any combination of these	8288
entities; except where otherwise indicated, the United States or	8289
any department, division, or agency of the United States, or any	8290
agency, commission, or authority established pursuant to an	8291
interstate compact or agreement.	8292

(H) "Local contributions" means the value of an asset	8293
provided by or on behalf of a cultural organization from sources	8294
other than the state, the value and nature of which shall be	8295
approved by the Ohio cultural facilities commission, in its sole	8296
discretion. "Local contributions" may include the value of the	8297
site where a cultural project is to be constructed. All "local	8298
contributions," except a contribution attributable to such a site,	8299
shall be for the costs of construction of a cultural project or	8300
the creation or expansion of an endowment for the costs of	8301
operation of a cultural facility.	8302

(I) "Local historical facility" means a site or facility,	8303
other than a state historical facility, of archaeological,	8304
architectural, environmental, or historical interest or	8305
significance, or a facility, including a storage facility,	8306
appurtenant to the operations of such a site or facility, that is	8307
owned by a cultural organization, provided the facility meets the	8308
requirements of division (K)(2)(b) of this section, is managed by	8309
or pursuant to a contract with the Ohio cultural facilities	8310
commission, and is used for or in connection with the activities	8311
of the commission, including the presentation or making available	8312
of culture to the public.	8313

(J) "Manage," "operate," or "management" means the provision	8314
of, or the exercise of control over the provision of, activities:	8315

(1) Relating to culture for an Ohio cultural facility,	8316
including as applicable, but not limited to, providing for	8317
displays, exhibitions, specimens, and models; booking of artists,	8318
performances, or presentations; scheduling; and hiring or	8319
contracting for directors, curators, technical and scientific	8320
staff, ushers, stage managers, and others directly related to the	8321
cultural activities in the facility; but not including general	8322
building services;	8323

(2) Relating to sports and athletic events for an Ohio sports	8324
facility, including as applicable, but not limited to, providing	8325
for booking of athletes, teams, and events; scheduling; and hiring	8326
or contracting for staff, ushers, managers, and others directly	8327
related to the sports and athletic events in the facility; but not	8328
including general building services.	8329

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

8330

(1) The theaters located in the state office tower at 77	8331
South High street in Columbus;	8332

(2) Any capital facility in this state to which both of the	8333
following apply:	8334

(a) The construction of a cultural project related to the	8335
facility was authorized or funded by the general assembly pursuant	8336
to division (D)(3) of section 3383.07 of the Revised Code and	8337
proceeds of state bonds are used for costs of the cultural	8338
project.	8339

(b) The facility is managed directly by, or is subject to a	8340
cooperative or management contract with, the Ohio cultural	8341
facilities commission, and is used for or in connection with the	8342
activities of the commission, including the presentation or making	8343
available of culture to the public and the provision of training	8344
or education in culture.	8345

(3) A state historical facility or a local historical	8346
facility.	8347

(L) "State agency" means the state or any of its branches,	8348
officers, boards, commissions, authorities, departments,	8349
divisions, or other units or agencies.	8350

(M) "Construction" includes acquisition, including	8351
acquisition by lease-purchase, demolition, reconstruction,	8352
alteration, renovation, remodeling, enlargement, improvement, site	8353
improvements, and related equipping and furnishing.	8354

(N) "State historical facility" means a site or facility that	8355
has all of the following characteristics:	8356

(1) It is created, supervised, operated, protected,	8357
maintained, and promoted by the Ohio historical society pursuant	8358
to the society's performance of public functions under sections	8359
149.30 and 149.302 of the Revised Code.	8360

(2) Its title must reside wholly or in part with the state,	8361
the society, or both the state and the society.	8362

(3) It is managed directly by or is subject to a cooperative	8363
or management contract with the Ohio cultural facilities	8364
commission and is used for or in connection with the activities of	8365
the commission, including the presentation or making available of	8366
culture to the public.	8367

(O) "Ohio sports facility" means all or a portion of a	8368
stadium, arena, tennis facility, motorsports complex, or other	8369
capital facility in this state, a. A primary purpose of which is	8370
the facility shall be to provide a site or venue for the	8371
presentation to the public of either motorsports events,	8372
professional tennis tournaments, or events of one or more major or	8373
minor league professional athletic or sports teams that are	8374
associated with the state or with a city or region of the state,	8375
which. The facility isshall be, in the case of a motorsports	8376
complex, owned by the state or governmental agency, or in all	8377
other instances, is owned by or is located on real property owned	8378
by the state or a governmental agency, and includingincludes all	8379
parking facilities, walkways, and other auxiliary facilities,	8380
equipment, furnishings, and real and personal property and	8381
interests and rights therein, that may be appropriate for or used	8382
for or in connection with the facility or its operation, for	8383
capital costs of which state funds are spent pursuant to this	8384
chapter. A facility constructed as an Ohio sports facility may be	8385
both an Ohio cultural facility and an Ohio sports facility.	8386

(P) "Motorsports" means sporting events in which motor	8387
vehicles are driven on a clearly demarcated tracked surface.	8388

Sec. 3383.07.  (A) The department of administrative services	8389
shall provide for the construction of a cultural project in	8390
conformity with Chapter 153. of the Revised Code, except as	8391
follows:	8392

(1) For a cultural project other than a state historical	8393
facility, construction services may be provided on behalf of the	8394
state by the Ohio cultural facilities commission, or by a	8395
governmental agency or a cultural organization that occupies, will	8396
occupy, or is responsible for the Ohio cultural facility, as	8397
determined by the commission. For a project receiving a state	8398
appropriation of fifty thousand dollars or less, the commission	8399
may delegate to its executive director the authority to approve	8400
the provision of construction services by such an agency or	8401
organization, but not the authority to disapprove that provision.	8402
Construction services to be provided by a governmental agency or a	8403
cultural organization shall be specified in an agreement between	8404
the commission and the governmental agency or cultural	8405
organization. The agreement, or any actions taken under it, are	8406
not subject to Chapter 123. or 153. of the Revised Code, except	8407
for sections 123.081 and 153.011 of the Revised Code, and shall be	8408
subject to Chapter 4115. of the Revised Code.	8409

(2) For a cultural project that is a state historical	8410
facility, construction services may be provided by the Ohio	8411
cultural facilities commission or by a cultural organization that	8412
occupies, will occupy, or is responsible for the facility, as	8413
determined by the commission. For a facility receiving a state	8414
appropriation of fifty thousand dollars or less, the commission	8415
may delegate to its executive director the authority to approve	8416
the provision of construction services by such an organization,	8417
but not the authority to disapprove that provision. The	8418
construction services to be provided by the cultural organization	8419
shall be specified in an agreement between the commission and the	8420
cultural organization. That agreement, and any actions taken under	8421
it, are not subject to Chapter 123., 153., or 4115. of the Revised	8422
Code.	8423

(B) For an Ohio sports facility that is financed in part by	8424
obligations issued pursuant to Chapter 154. of the Revised Code,	8425
construction services shall be provided on behalf of the state by	8426
or at the direction of the governmental agency or nonprofit	8427
corporation that will own or be responsible for the management of	8428
the facility, all as determined by the Ohio cultural facilities	8429
commission. For a facility receiving a state appropriation of	8430
fifty thousand dollars or less, the commission may delegate to its	8431
executive director the authority to approve the provision of	8432
construction services by or at the direction of the agency or	8433
corporation, but not the authority to disapprove that provision.	8434
Any construction services to be provided by a governmental agency	8435
or nonprofit corporation shall be specified in an agreement	8436
between the commission and the governmental agency or nonprofit	8437
corporation. That agreement, and any actions taken under it, are	8438
not subject to Chapter 123. or 153. of the Revised Code, except	8439
for sections 123.081 and 153.011 of the Revised Code, and shall be	8440
subject to Chapter 4115. of the Revised Code.	8441

(C) General building services for an Ohio cultural facility	8442
shall be provided by the Ohio cultural facilities commission or by	8443
a cultural organization that occupies, will occupy, or is	8444
responsible for the facility, as determined by the commission,	8445
except that. For a facility receiving a state appropriation of	8446
fifty thousand dollars or less, the commission may delegate to its	8447
executive director the authority to approve the provision of	8448
general building services by such an organization, but not the	8449
authority to disapprove that provision. Alternatively, the Ohio	8450
building authority may elect to provide those services for Ohio	8451
cultural facilities financed with proceeds of state bonds issued	8452
by the authority. The costs of management and general building	8453
services shall be paid by the cultural organization that occupies,	8454
will occupy, or is responsible for the facility as provided in an	8455
agreement between the commission and the cultural organization,	8456
except that the state may pay for general building services for	8457
state-owned cultural facilities constructed on state-owned land.	8458

General building services for an Ohio sports facility shall	8459
be provided by or at the direction of the governmental agency or	8460
nonprofit corporation that will be responsible for the management	8461
of the facility, all as determined by the commission. For a	8462
facility receiving a state appropriation of fifty thousand dollars	8463
or less, the commission may delegate to its executive director the	8464
authority to approve the provision of general building services by	8465
or at the direction of the agency or corporation, but not the	8466
authority to disapprove that provision. Any general building	8467
services to be provided by a governmental agency or nonprofit	8468
corporation for an Ohio sports facility shall be specified in an	8469
agreement between the commission and the governmental agency or	8470
nonprofit corporation. That agreement, and any actions taken under	8471
it, are not subject to Chapter 123. or 153. of the Revised Code,	8472
except for sections 123.081 and 153.011 of the Revised Code, and	8473
shall be subject to Chapter 4115. of the Revised Code.	8474

(D) This division does not apply to a state historical	8475
facility. No state funds, including any state bond proceeds, shall	8476
be spent on the construction of any cultural project under this	8477
chapter unless, with respect to the cultural project and to the	8478
Ohio cultural facility related to the project, all of the	8479
following apply:	8480

(1) The Ohio cultural facilities commission has determined	8481
that there is a need for the cultural project and the Ohio	8482
cultural facility related to the project in the region of the	8483
state in which the Ohio cultural facility is located or for which	8484
the facility is proposed. For a project receiving a state	8485
appropriation of fifty thousand dollars or less, the commission	8486
may delegate to its executive director the authority to determine	8487
need but only in the affirmative.	8488

(2) The commission has determined that, as an indication of	8489
substantial regional support for the cultural project, the	8490
cultural organization has made provision satisfactory to the	8491
commission, in its sole discretion, for local contributions	8492
amounting to not less than fifty per cent of the total state	8493
funding for the cultural project. For a project receiving a state	8494
appropriation of fifty thousand dollars or less, the commission	8495
may delegate to its executive director the authority to determine	8496
the adequacy of the regional support but only in the affirmative.	8497

(3) The general assembly has specifically authorized the	8498
spending of money on, or made an appropriation for, the	8499
construction of the cultural project, or for rental payments	8500
relating to the financing of the construction of the cultural	8501
project. Authorization to spend money, or an appropriation, for	8502
planning the cultural project does not constitute authorization to	8503
spend money on, or an appropriation for, construction of the	8504
cultural project.	8505

(E) No state funds, including any state bond proceeds, shall	8506
be spent on the construction of any state historical facility	8507
under this chapter unless the general assembly has specifically	8508
authorized the spending of money on, or made an appropriation for,	8509
the construction of the state historical project related to the	8510
facility, or for rental payments relating to the financing of the	8511
construction of the state historical project. Authorization to	8512
spend money, or an appropriation, for planning the state	8513
historical project does not constitute authorization to spend	8514
money on, or an appropriation for, the construction of the state	8515
historical project.	8516

(F) State funds shall not be used to pay or reimburse more	8517
than fifteen per cent of the initial estimated construction cost	8518
of an Ohio sports facility, excluding any site acquisition cost,	8519
and no state funds, including any state bond proceeds, shall be	8520
spent on any Ohio sports facility under this chapter unless, with	8521
respect to that facility, all of the following apply:	8522

(1) The Ohio cultural facilities commission has determined	8523
that there is a need for the facility in the region of the state	8524
for which the facility is proposed to provide the function of an	8525
Ohio sports facility as provided for in this chapter. For a	8526
facility receiving a state appropriation of fifty thousand dollars	8527
or less, the commission may delegate to its executive director the	8528
authority to determine need but only in the affirmative.	8529

(2) As an indication of substantial local support for the	8530
facility, the commission has received a financial and development	8531
plan satisfactory to it, and provision has been made, by agreement	8532
or otherwise, satisfactory to the commission, for a contribution	8533
amounting to not less than eighty-five per cent of the total	8534
estimated construction cost of the facility, excluding any site	8535
acquisition cost, from sources other than the state. For a	8536
facility receiving a state appropriation of fifty thousand dollars	8537
or less, the commission may delegate to its executive director the	8538
authority to evaluate the financial and development plan and the	8539
contribution and to determine their adequacy but only in the	8540
affirmative.	8541

(3) The general assembly has specifically authorized the	8542
spending of money on, or made an appropriation for, the	8543
construction of the facility, or for rental payments relating to	8544
state financing of all or a portion of the costs of constructing	8545
the facility. Authorization to spend money, or an appropriation,	8546
for planning or determining the feasibility of or need for the	8547
facility does not constitute authorization to spend money on, or	8548
an appropriation for, costs of constructing the facility.	8549

(4) If state bond proceeds are being used for the Ohio sports	8550
facility, the state or a governmental agency owns or has	8551
sufficient property interests in the facility or in the site of	8552
the facility or in the portion or portions of the facility	8553
financed from proceeds of state bonds, which may include, but is	8554
not limited to, the right to use or to require the use of the	8555
facility for the presentation of sport and athletic events to the	8556
public at the facility.	8557

(G) In addition to the requirements of division (F) of this	8558
section, no state funds, including any state bond proceeds, shall	8559
be spent on any Ohio sports facility that is a motorsports	8560
complex, unless, with respect to that facility, both of the	8561
following apply:	8562

(1) Motorsports events shall be presented at the facility	8563
pursuant to a lease entered into with the owner of the facility.	8564
The term of the lease shall be for a period of not less than the	8565
greater of the useful life of the portion of the facility financed	8566
from proceeds of state bonds as determined using the guidelines	8567
for maximum maturities as provided under divisions (B) and (C) of	8568
section 133.20 of the Revised Code, or the period of time	8569
remaining to the date of payment or provision for payment of	8570
outstanding state bonds allocable to costs of the facility, all as	8571
determined by the director of budget and management and certified	8572
by the director to the Ohio cultural facilities commission and to	8573
the treasurer of state.	8574

(2) Any motorsports organization that commits to using the	8575
facility for an established period of time shall give the	8576
political subdivision in which the facility is located not less	8577
than six months' advance notice if the organization intends to	8578
cease utilizing the facility prior to the expiration of that	8579
established period. Such a motorsports organization shall be	8580
liable to the state for any state funds used on the construction	8581
costs of the facility.	8582

(H) In addition to the requirements of division (F) of this	8583
section, no state bond proceeds shall be spent on any Ohio sports	8584
facility that is a tennis facility, unless the owner or manager of	8585
the facility provides contractual commitments from a national or	8586
international professional tennis organization in a form	8587
acceptable to the cultural facilities commission that assures that	8588
one or more sanctioned professional tennis events will be	8589
presented at the facility during each year that the bonds remain	8590
outstanding.	8591

Sec. 3706.01.  As used in this chapter:

8592

(A) "Governmental agency" means a department, division, or	8593
other unit of state government, a municipal corporation, county,	8594
township, and other political subdivision, or any other public	8595
corporation or agency having the power to acquire, construct, or	8596
operate air quality facilities, the United States or any agency	8597
thereof, and any agency, commission, or authority established	8598
pursuant to an interstate compact or agreement.	8599

(B) "Person" means any individual, firm, partnership,	8600
association, or corporation, or any combination thereof.	8601

(C) "Air contaminant" means particulate matter, dust, fumes,	8602
gas, mist, smoke, noise, vapor, heat, radioactivity, radiation, or	8603
odorous substance, or any combination thereof.	8604

(D) "Air pollution" means the presence in the ambient air of	8605
one or more air contaminants in sufficient quantity and of such	8606
characteristics and duration as to injure human health or welfare,	8607
plant or animal life, or property, or that unreasonably interferes	8608
with the comfortable enjoyment of life or property.	8609

(E) "Ambient air" means that portion of the atmosphere	8610
outside of buildings and other enclosures, stacks, or ducts that	8611
surrounds human, plant, or animal life, or property.	8612

(F) "Emission" means the release into the outdoor atmosphere	8613
of an air contaminant.	8614

(G) "Air quality facility" means any of the following:

8615

(1) Any method, modification or replacement of property,	8616
process, device, structure, or equipment that removes, reduces,	8617
prevents, contains, alters, conveys, stores, disperses, or	8618
disposes of air contaminants or substances containing air	8619
contaminants, or that renders less noxious or reduces the	8620
concentration of air contaminants in the ambient air, including,	8621
without limitation, facilities and expenditures that qualify as	8622
air pollution control facilities under section 103 (C)(4)(F) of	8623
the Internal Revenue Code of 1954, as amended, and regulations	8624
adopted thereunder;	8625

(2) Motor vehicle inspection stations operated in accordance	8626
with, and any equipment used for motor vehicle inspections	8627
conducted under, section 3704.14 of the Revised Code and rules	8628
adopted under it;	8629

(3) Ethanol or other biofuel facilities, including any	8630
equipment used at the ethanol or other biofuel facility for the	8631
production of ethanol or other biofuels;	8632

(4) Any property or portion thereof used for the collection,	8633
storage, treatment, utilization, processing, or final disposal of	8634
a by-product or solid waste resulting from any method, process,	8635
device, structure, or equipment that removes, reduces, prevents,	8636
contains, alters, conveys, stores, disperses, or disposes of air	8637
contaminants, or that renders less noxious or reduces the	8638
concentration of air contaminants in the ambient air;	8639

(5) Any property, device, or equipment that promotes the	8640
reduction of emissions of air contaminants into the ambient air	8641
through improvements in the efficiency of energy utilization or	8642
energy conservation;	8643

(6) Any coal research and development project conducted under	8644
Chapter 1555. of the Revised Code;	8645

(7) As determined by the director of the Ohio coal	8646
development office, any property or portion thereof that is used	8647
for the collection, storage, treatment, utilization, processing,	8648
or final disposal of a by-product resulting from a coal research	8649
and development project as defined in section 1555.01 of the	8650
Revised Code or from the use of clean coal technology, excluding	8651
any property or portion thereof that is used primarily for other	8652
subsequent commercial purposes;	8653

(8) Any property or portion thereof that is part of the	8654
FutureGen project of the United States department of energy or	8655
related to the siting of the FutureGen project.	8656

"Air quality facility" further includes any property or	8657
system to be used in whole or in part for any of the purposes in	8658
divisions (G)(1) to (8) of this section, whether another purpose	8659
is also served, and any property or system incidental to or that	8660
has to do with, or the end purpose of which is, any of the	8661
foregoing. Air quality facilities that are defined in this	8662
division for industry, commerce, distribution, or research,	8663
including public utility companies, are hereby determined to be	8664
those that qualify as facilities for the control of air pollution	8665
and thermal pollution related to air under Section 13 of Article	8666
VIII, Ohio Constitution.	8667

(H) "Project" or "air quality project" means any air quality	8668
facility, including undivided or other interests therein, acquired	8669
or to be acquired or constructed or to be constructed by the Ohio	8670
air quality development authority under this chapter, or acquired	8671
or to be acquired or constructed or to be constructed by a	8672
governmental agency or person with all or a part of the cost	8673
thereof being paid from a loan or grant from the authority under	8674
this chapter, including all buildings and facilities that the	8675
authority determines necessary for the operation of the project,	8676
together with all property, rights, easements, and interests that	8677
may be required for the operation of the project.	8678

(I) "Cost" as applied to an air quality project means the	8679
cost of acquisition and construction, the cost of acquisition of	8680
all land, rights-of-way, property rights, easements, franchise	8681
rights, and interests required for such acquisition and	8682
construction, the cost of demolishing or removing any buildings or	8683
structures on land so acquired, including the cost of acquiring	8684
any lands to which such buildings or structures may be moved, the	8685
cost of acquiring or constructing and equipping a principal office	8686
and sub-offices of the authority, the cost of diverting highways,	8687
interchange of highways, and access roads to private property,	8688
including the cost of land or easements for such access roads, the	8689
cost of public utility and common carrier relocation or	8690
duplication, the cost of all machinery, furnishings, and	8691
equipment, financing charges, interest prior to and during	8692
construction and for no more than eighteen months after completion	8693
of construction, engineering, expenses of research and development	8694
with respect to air quality facilities, legal expenses, plans,	8695
specifications, surveys, studies, estimates of cost and revenues,	8696
working capital, other expenses necessary or incident to	8697
determining the feasibility or practicability of acquiring or	8698
constructing such project, administrative expense, and such other	8699
expense as may be necessary or incident to the acquisition or	8700
construction of the project, the financing of such acquisition or	8701
construction, including the amount authorized in the resolution of	8702
the authority providing for the issuance of air quality revenue	8703
bonds to be paid into any special funds from the proceeds of such	8704
bonds, and the financing of the placing of such project in	8705
operation. Any obligation, cost, or expense incurred by any	8706
governmental agency or person for surveys, borings, preparation of	8707
plans and specifications, and other engineering services, or any	8708
other cost described above, in connection with the acquisition or	8709
construction of a project may be regarded as a part of the cost of	8710
that project and may be reimbursed out of the proceeds of air	8711
quality revenue bonds as authorized by this chapter.	8712

(J) "Owner" includes an individual, copartnership,	8713
association, or corporation having any title or interest in any	8714
property, rights, easements, or interests authorized to be	8715
acquired by this chapter.	8716

(K) "Revenues" means all rentals and other charges received	8717
by the authority for the use or services of any air quality	8718
project, any gift or grant received with respect to any air	8719
quality project, any moneys received with respect to the lease,	8720
sublease, sale, including installment sale or conditional sale, or	8721
other disposition of an air quality project, moneys received in	8722
repayment of and for interest on any loans made by the authority	8723
to a person or governmental agency, whether from the United States	8724
or any department, administration, or agency thereof, or	8725
otherwise, proceeds of such bonds to the extent that use thereof	8726
for payment of principal of, premium, if any, or interest on the	8727
bonds is authorized by the authority, proceeds from any insurance,	8728
condemnation, or guaranty pertaining to a project or property	8729
mortgaged to secure bonds or pertaining to the financing of the	8730
project, and income and profit from the investment of the proceeds	8731
of air quality revenue bonds or of any revenues.	8732

(L) "Public roads" includes all public highways, roads, and	8733
streets in the state, whether maintained by the state, county,	8734
city, township, or other political subdivision.	8735

(M) "Public utility facilities" includes tracks, pipes,	8736
mains, conduits, cables, wires, towers, poles, and other equipment	8737
and appliances of any public utility.	8738

(N) "Construction," unless the context indicates a different	8739
meaning or intent, includes reconstruction, enlargement,	8740
improvement, or providing furnishings or equipment.	8741

(O) "Air quality revenue bonds," unless the context indicates	8742
a different meaning or intent, includes air quality revenue notes,	8743
air quality revenue renewal notes, and air quality revenue	8744
refunding bonds, except that notes issued in anticipation of the	8745
issuance of bonds shall have a maximum maturity of five years as	8746
provided in section 3706.05 of the Revised Code and notes or	8747
renewal notes issued as the definitive obligation may be issued	8748
maturing at such time or times with a maximum maturity of forty	8749
years from the date of issuance of the original note.	8750

(P) "Solid waste" means any garbage; refuse; sludge from a	8751
waste water treatment plant, water supply treatment plant, or air	8752
pollution control facility; and other discarded material,	8753
including solid, liquid, semisolid, or contained gaseous material	8754
resulting from industrial, commercial, mining, and agricultural	8755
operations, and from community activities, but not including solid	8756
or dissolved material in domestic sewage, or solid or dissolved	8757
material in irrigation return flows or industrial discharges that	8758
are point sources subject to permits under section 402 of the	8759
"Federal Water Pollution Control Act Amendments of 1972," 86 Stat.	8760
880, 33 U.S.C.A. 1342, as amended, or source, special nuclear, or	8761
byproduct material as defined by the "Atomic Energy Act of 1954,"	8762
68 Stat. 921, 42 U.S.C.A. 2011, as amended.	8763

(Q) "Sludge" means any solid, semisolid, or liquid waste,	8764
other than a recyclable by-product, generated from a municipal,	8765
commercial, or industrial waste water treatment plant, water	8766
supply plant, or air pollution control facility or any other such	8767
wastes having similar characteristics and effects.	8768

(R) "Ethanol or other biofuel facility" means a plant at	8769
which ethanol or other biofuel is produced.	8770

(S) "Ethanol" means fermentation ethyl alcohol derived from	8771
agricultural products, including potatoes, cereal, grains, cheese	8772
whey, and sugar beets; forest products; or other renewable or	8773
biomass resources, including residue and waste generated from the	8774
production, processing, and marketing of agricultural products,	8775
forest products, and other renewable or biomass resources, that	8776
meets all of the specifications in the American society for	8777
testing and materials (ASTM) specification D 4806-88 and is	8778
denatured as specified in Parts 20 and 21 of Title 27 of the Code	8779
of Federal Regulations.	8780

(T) "Biofuel" means any fuel that is made from cellulosic	8781
biomass resources, including renewable organic matter, crop waste	8782
residue, wood, aquatic plants and other crops, animal waste, solid	8783
waste, or sludge, and that is used for the production of energy	8784
for transportation or other purposes.	8785

(U) "FutureGen project" means the buildings, equipment, and	8786
real property and functionally related buildings, equipment, and	8787
real property, including related research projects that support	8788
the development and operation of the buildings, equipment, and	8789
real property, designated by the United States department of	8790
energy and the FutureGen industrial alliance, inc., as the	8791
coal-fueled, zero-emissions power plant designed to prove the	8792
technical and economic feasibility of producing electricity and	8793
hydrogen from coal and nearly eliminating carbon dioxide emissions	8794
through capture and permanent storage.	8795

Sec. 3770.05.  (A) As used in this section, "person" means	8796
any person, association, corporation, partnership, club, trust,	8797
estate, society, receiver, trustee, person acting in a fiduciary	8798
or representative capacity, instrumentality of the state or any of	8799
its political subdivisions, or any other combination of	8800
individuals meeting the requirements set forth in this section or	8801
established by rule or order of the state lottery commission.	8802

(B) The director of the state lottery commission may license	8803
any person as a lottery sales agent. No license shall be issued to	8804
any person or group of persons to engage in the sale of lottery	8805
tickets as the person's or group's sole occupation or business.	8806

Before issuing any license to a lottery sales agent, the	8807
director shall consider all of the following:	8808

(1) The financial responsibility and security of the person	8809
applicant and the person'sapplicant's business or activity;	8810

(2) The accessibility of the agent'sapplicant's place of	8811
business or activity to the public;	8812

(3) The sufficiency of existing licensed agents to serve the	8813
public interest;	8814

(4) The volume of expected sales by the applicant;

8815

(5) Any other factors pertaining to the public interest,	8816
convenience, or trust.	8817

(C) Except as otherwise provided in division (F) of this	8818
section, the director of the state lottery commission shall refuse	8819
to grant, or shall suspend or revoke, a license if the applicant	8820
or licensee:	8821

(1) Has been convicted of a felony, or has been convicted of	8822
a crime involving moral turpitude;	8823

(2) Has been convicted of an offense that involves illegal	8824
gambling;	8825

(3) Has been found guilty of fraud or misrepresentation in	8826
any connection;	8827

(4) Has been found to have violated any rule or order of the	8828
commission; or	8829

(5) Has been convicted of illegal trafficking in food stamps.

8830

(D) Except as otherwise provided in division (F) of this	8831
section, the director of the state lottery commission shall refuse	8832
to grant, or shall suspend or revoke, a license if the applicant	8833
or licensee is a corporation and any of the following applies:	8834

(1) Any of whosethe corporation's directors, officers, or	8835
controlling shareholders havehas been found guilty of any of the	8836
activities specified in divisions (C)(1) to (4)(5) of this	8837
section;	8838

(2) In which itIt appears to the director of the state	8839
lottery commission that, due to the experience, character, or	8840
general fitness of any director, officer, or controlling	8841
shareholder of the corporation, the granting of a license as a	8842
lottery sales agent would be inconsistent with the public	8843
interest, convenience, or trust;	8844

(3) NotThe corporation is not the owner or lessee of the	8845
business at which it willwould conduct a lottery sales agency	8846
pursuant to the license applied for, or that any;	8847

(4) Any person, firm, association, or corporation other than	8848
the applicant or licensee shares or will share in the profits of	8849
the applicant or licensee, other than receiving dividends or	8850
distributions as a shareholder, or participates or will	8851
participate in the management of the affairs of the applicant or	8852
licensee.	8853

(E)(1) The director of the state lottery commission shall	8854
refuse to grant a license to an applicant for a lottery sales	8855
agent license and shall revoke a lottery sales agent license of a	8856
licensee if the applicant or licensee is or has been convicted of	8857
a violation of division (A) or (C)(1) of section 2913.46 of the	8858
Revised Code.	8859

(2) The director shall refuse to grant a license to an	8860
applicant for a lottery sales agent license that is a corporation	8861
and shall revoke the lottery sales agent license of a licensee	8862
that is a corporation, if the corporation is or has been convicted	8863
of a violation of division (A) or (C)(1) of a violation of section	8864
2913.46 of the Revised Code.	8865

(F) The director of the state lottery commission shall	8866
request the bureau of criminal identification and investigation,	8867
the department of public safety, or any other state, local, or	8868
federal agency to supply the director with the criminal records of	8869
any applicant for a lottery sales agent license, and may	8870
periodically request suchthe criminal records of any person to	8871
whom such a lottery sales agent license has been issued. At or	8872
prior to the time of making such a request, the director shall	8873
require an applicant or licensee to obtain fingerprint impressions	8874
on fingerprint cards prescribed by the superintendent of the	8875
bureau of criminal identification and investigation at a qualified	8876
law enforcement agency, and the director shall cause thesethose	8877
fingerprint cards to be forwarded to the bureau of criminal	8878
identification and investigation and, to the federal bureau of	8879
investigation, or to both bureaus. The commission shall assume the	8880
cost of obtaining the fingerprint cards. The	8881

The director shall pay to each agency supplying suchcriminal	8882
records for each investigation a reasonable fee, as determined by	8883
the agency. The	8884

The commission may adopt uniform rules specifying time	8885
periods after which the persons described in divisions (C)(1) to	8886
(4)(5) and (D)(1) to (3)(4) of this section may be issued a	8887
license and establishing requirements for suchthose persons to	8888
seek a court order to have records sealed in accordance with law.	8889

(G)(1) Each applicant for a lottery sales agent license shall	8890
do both of the following:	8891

(a) Pay to the state lottery commission, at the time the	8892
application is submitted, a fee of twenty-five dollars upon	8893
approval ofin an amount that the applicationdirector of the	8894
state lottery commission determines by rule adopted under Chapter	8895
119. of the Revised Code and that the controlling board approves;	8896

(b) Prior to approval of the application, obtain a surety or,	8897
if required, a fidelity bond in an amount to be determined by the	8898
director determines by rule adopted under Chapter 119. of the	8899
Revised Code or, alternatively, with the director's approval,	8900
deposit the same amount into a dedicated account for the benefit	8901
of the state lottery. The director also may approve the obtaining	8902
of a surety bond to cover part of the amount required, together	8903
with a dedicated account deposit to cover the remainder of the	8904
amount required. The	8905

A surety bond may be with any company that complies with the	8906
bonding and surety laws of this state and the requirements	8907
established by rules of the commission pursuant to this chapter. A	8908
dedicated account deposit shall be conducted in accordance with	8909
policies and procedures the director establishes.	8910

A surety bond, dedicated account, or both, as applicable, may	8911
be used to pay for the lottery sales agent's failure to make	8912
prompt and accurate payments for lottery ticket sales, for missing	8913
or stolen lottery tickets, or for damage to equipment or materials	8914
issued to the lottery sales agent, or to pay for expenses the	8915
commission incurs in connection with the lottery sales agent's	8916
license.	8917

(2) A lottery sales agent license is effective for one year.	8918
A	8919

A licensed lottery sales agent shall, on or before the date	8920
established by the director, shall renew the agent's license and	8921
provide at that time evidence to the director that the surety	8922
bond, dedicated account deposit, or both, required under division	8923
(F)(G)(1)(b) of this section has been renewed or is active,	8924
whichever applies. The director shall certify to the commission	8925
that the applicant for renewal has the required bond.	8926

TheBefore the commission renews a lottery sales agent	8927
license, the lottery sales agent shall submit a renewal fee to the	8928
commission in an amount that the director determines by rule	8929
adopted under Chapter 119. of the Revised Code and that the	8930
controlling board approves. The renewal fee shall not exceed the	8931
actual cost of administering the license renewal and processing	8932
changes reflected in the renewal application. The renewal of the	8933
license is effective for up to one year.	8934

(3) A lottery sales agent license shall be complete,	8935
accurate, and current at all times during the term of the license.	8936
Any changes to an original license application or a renewal	8937
application may subject the applicant or lottery sales agent, as	8938
applicable, to paying an administrative fee that shall be in an	8939
amount that the director determines by rule adopted under Chapter	8940
119. of the Revised Code, that the controlling board approves, and	8941
that shall not exceed the actual cost of administering and	8942
processing the changes to an application.	8943

(4) The relationship between the state lottery commission and	8944
a lottery sales agent is one of trust. A lottery sales agent	8945
collects funds on behalf of the commission through the sale of	8946
lottery tickets for which the agent receives a compensation.	8947

(H) Pending a final resolution of any question arising under	8948
this section, the director of the state lottery commission may	8949
issue a temporary lottery sales agent license, subject to suchthe	8950
terms and conditions as the director may considerconsiders	8951
appropriate.	8952

(I) If a lottery sales agent's rental payments for the	8953
lottery sales agent's premises are determined, in whole or in	8954
part, by the amount of retail sales the lottery sales agent makes,	8955
and if the rental agreement does not expressly provide that the	8956
amount of suchthose retail sales includes the amounts the lottery	8957
sales agent receives from lottery ticket sales, only the amounts	8958
the lottery sales agent receives as compensation from the state	8959
lottery commission for selling lottery tickets shall be considered	8960
to be amounts the lottery sales agent receives from the retail	8961
sales the lottery sales agent makes, for the purpose of computing	8962
the lottery sales agent's rental payments.	8963

Sec. 3770.073.  (A) If a person is entitled to a lottery	8964
prize award and is indebted to the state for the payment of any	8965
tax, workers' compensation premium, unemployment contribution,	8966
payment in lieu of unemployment contribution, certified claim	8967
under section 131.02 or 131.021 of the Revised Code, lottery sales	8968
receipts held in trust on behalf of the state lottery commission	8969
as described in division (G)(2)(4) of section 3770.05 of the	8970
Revised Code, or charge, penalty, or interest arising from these	8971
debts and if the amount of the prize money or the cost of goods or	8972
services awarded as a lottery prize award is five thousand dollars	8973
or more, the director of the state lottery commission, or the	8974
director's designee, shall do either of the following:	8975

(1) If the prize award will be paid in a lump sum, deduct	8976
from the prize award and pay to the attorney general an amount in	8977
satisfaction of the debt and pay any remainder to that person. If	8978
the amount of the prize award is less than the amount of the debt,	8979
the entire amount of the prize award shall be deducted and paid in	8980
partial satisfaction of the debt.	8981

(2) If the prize award will be paid in annual installments,	8982
on the date the initial installment payment is due, deduct from	8983
that installment and pay to the attorney general an amount in	8984
satisfaction of the debt and, if necessary to collect the full	8985
amount of the debt, do the same for any subsequent annual	8986
installments, at the time the installments become due and owing to	8987
the person, until the debt is fully satisfied.	8988

(B) If a person entitled to a lottery prize award owes more	8989
than one debt, any debt subject to section 5739.33 or division (G)	8990
of section 5747.07 of the Revised Code shall be satisfied first.	8991

(C) Except as provided in section 131.021 of the Revised	8992
Code, this section applies only to debts that have become final.	8993

Sec. 3905.36.  (A) Except as provided in divisions (B) and	8994
(C) of this section, every insured association, company,	8995
corporation, or other person that enters, directly or indirectly,	8996
into any agreements with any insurance company, association,	8997
individual, firm, underwriter, or LloydLloyd's, not authorized to	8998
do business in this state, whereby the insured shall procure,	8999
continue, or renew contracts of insurance covering subjects of	9000
insurance resident, located, or to be performed within this state,	9001
with such unauthorized insurance company, association, individual,	9002
firm, underwriter, or LloydLloyd's, for which insurance there is	9003
a gross premium, membership fee, assessment, dues, or other	9004
consideration charged or collected, shall annually, on or before	9005
the thirty-first day of January, return to the superintendent of	9006
insurance a statement under oath showing the name and address of	9007
the insured, name and address of the insurer, subject of the	9008
insurance, general description of the coverage, and amount of	9009
gross premium, fee, assessment, dues, or other consideration for	9010
such insurance for the preceding twelve-month period and shall at	9011
the same time pay to the treasurer of state a tax of five per cent	9012
of such gross premium, fee, assessment, dues, or other	9013
consideration, after a deduction for return premium, if any, as	9014
calculated on a form prescribed by the treasurer of state. All	9015
taxes collected under this section by the treasurer of state shall	9016
be paid into the general revenue fund. If the tax is not paid when	9017
due, the tax shall be increased by a penalty of twenty-five per	9018
cent. An interest charge computed as set forth in section	9019
5725.221 of the Revised Code shall be made on the entire sum of	9020
the tax plus penalty, which interest shall be computed from the	9021
date the tax is due until it is paid. For purposes of this	9022
section, payment is considered made when it is received by the	9023
treasurer of state, irrespective of any United States postal	9024
service marking or other stamp or mark indicating the date on	9025
which the payment may have been mailed.	9026

(B) This section does not apply to:

9027

(1) Transactions in this state involving a policy solicited,	9028
written, and delivered outside this state covering only subjects	9029
of insurance not resident, located, or to be performed in this	9030
state at the time of issuance, provided such transactions are	9031
subsequent to the issuance of the policy;	9032

(2) Attorneys-at-law acting on behalf of their clients in the	9033
adjustment of claims or losses;	9034

(3) Transactions involving policies issued by a captive	9035
insurer. For this purpose, a "captive insurer" means any of the	9036
following:	9037

(a) An insurer owned by one or more individuals or	9038
organizations, whose exclusive purpose is to insure risks of one	9039
or more of the parent organizations or individual owners and risks	9040
of one or more affiliates of the parent organizations or	9041
individual owners;	9042

(b) In the case of groups and associations, insurers owned by	9043
the group or association whose exclusive purpose is to insure	9044
risks of members of the group or association and affiliates of the	9045
members;	9046

(c) Other types of insurers, licensed and operated in	9047
accordance with the captive insurance laws of their jurisdictions	9048
of domicile and operated in a manner so as to self-insure risks of	9049
their owners and insureds.	9050

(4) Professional or medical liability insurance procured by a	9051
hospital organized under Chapter 3701. of the Revised Code or on	9052
behalf of an entity that manufactures, packages, and sells, as	9053
more than fifty per cent of the entity's business, pharmaceutical	9054
products for human use where the production, packaging, and sale	9055
of such products are subject to regulation by an agency of the	9056
United States;	9057

(5) Insurance with an initial policy period of more than	9058
three years and that is procured to cover known events related to	9059
environmental remediation that occurred prior to the effective	9060
date of that insurance.	9061

(C) In transactions that are subject to sections 3905.30 to	9062
3905.35 of the Revised Code, each person licensed under section	9063
3905.30 of the Revised Code shall pay to the treasurer of state,	9064
on or before the thirty-first day of January of each year, five	9065
per cent of the balance of the gross premiums charged for	9066
insurance placed or procured under the license after a deduction	9067
for return premiums, as reported on a form prescribed by the	9068
treasurer of state. The tax shall be collected from the insured by	9069
the surplus line broker who placed or procured the policy of	9070
insurance at the time the policy is delivered to the insured. No	9071
license issued under section 3905.30 of the Revised Code shall be	9072
renewed until payment is made. If the tax is not paid when due,	9073
the tax shall be increased by a penalty of twenty-five per cent.	9074
An interest charge computed as set forth in section 5725.221 of	9075
the Revised Code shall be made on the entire sum of the tax plus	9076
penalty, which interest shall be computed from the date the tax is	9077
due until it is paid. For purposes of this section, payment is	9078
considered made when it is received by the treasurer of state,	9079
irrespective of any United States postal service marking or other	9080
stamp or mark indicating the date on which the payment may have	9081
been mailed.	9082

Sec. 3931.07.  In the annual statement provided in section	9083
3931.06 of the Revised Code the attorney shall set forth the gross	9084
amount of premiums or deposits received by him during the	9085
preceding calendar year on contracts of indemnity covering risks	9086
within the state. HeThe attorney shall also set forth therein, in	9087
separate items, premiums paid for cancellations, premiums or	9088
deposits returned and credited ratably to subscribers, and	9089
considerations both received and paid for reinsurance during such	9090
year.	9091

The superintendent shall compute a tax at the rate of twoone	9092
and one-halffour-tenths per cent, and in case of fire insurance	9093
an additional one halfthree-quarters of one per cent fire marshal	9094
tax, on the balance of such gross amount of premiums or deposits,	9095
after deducting premiums and deposits returned and credited and	9096
considerations received for reinsurances. Such tax of twoone and	9097
one-halffour-tenths per cent and, in the case of fire insurance,	9098
such additional tax of one halfthree-quarters of one per cent,	9099
shall be paid at the time provided in sections 5729.04 and 5729.05	9100
of the Revised Code. Where insurance against fire is included with	9101
insurance against other perils at an undivided premium, a	9102
reasonable allocation from such entire premium shall be made for	9103
the fire portion of the coverage in such manner as the	9104
superintendent of insurance may direct. No further taxes shall be	9105
imposed upon such attorney or histhe attorney's subscribers or	9106
their representatives for the privilege of transacting business in	9107
the state.	9108

If an attorney ceases doing business in the state, hethe	9109
attorney shall thereupon make a report to the superintendent of	9110
the premiums or deposits subject to taxation, not previously	9111
reported, and forthwith pay to the superintendent a tax thereon	9112
computed according to law. If such attorney fails to make any	9113
report for taxation, or fails to pay any tax as required by this	9114
section, histhe attorney's subscribers shall be liable to the	9115
state for such unpaid taxes, and a penalty of not more than	9116
twenty-five per cent per annum after demand therefor. Service of	9117
process in any action to recover such tax or penalty shall be made	9118
according to the law relating to actions against the attorney and	9119
histhe attorney's subscribers.	9120

Sec. 4115.04.  (A) Every public authority authorized to	9121
contract for or construct with its own forces a public	9122
improvement, before advertising for bids or undertaking such	9123
construction with its own forces, shall have the director of	9124
commerce determine the prevailing rates of wages of mechanics and	9125
laborers in accordance with section 4115.05 of the Revised Code	9126
for the class of work called for by the public improvement, in the	9127
locality where the work is to be performed. Such schedule of wages	9128
shall be attached to and made part of the specifications for the	9129
work, and shall be printed on the bidding blanks where the work is	9130
done by contract. A copy of the bidding blank shall be filed with	9131
the director before such contract is awarded. A minimum rate of	9132
wages for common laborers, on work coming under the jurisdiction	9133
of the department of transportation, shall be fixed in each county	9134
of the state by said department of transportation, in accordance	9135
with section 4115.05 of the Revised Code.	9136

(B) Sections 4115.03 to 4115.16 of the Revised Code do not	9137
apply to:	9138

(1) Public improvements in any case where the federal	9139
government or any of its agencies furnishes by loan or grant all	9140
or any part of the funds used in constructing such improvements,	9141
provided the federal government or any of its agencies prescribes	9142
predetermined minimum wages to be paid to mechanics and laborers	9143
employed in the construction of such improvements;	9144

(2) A participant in a work activity, developmental activity,	9145
or an alternative work activity under sections 5107.40 to 5107.69	9146
of the Revised Code when a public authority directly uses the	9147
labor of the participant to construct a public improvement if the	9148
participant is not engaged in paid employment or subsidized	9149
employment pursuant to the activity;	9150

(3) Public improvements undertaken by, or under contract for,	9151
the board of education of any school district or the governing	9152
board of any educational service center;	9153

(4) Public improvements undertaken by, or under contract for,	9154
a county hospital operated pursuant to Chapter 339. of the Revised	9155
Code or a municipal hospital operated pursuant to Chapter 749. of	9156
the Revised Code if none of the funds used in constructing the	9157
improvements are the proceeds of bonds or other obligations which	9158
are secured by the full faith and credit of the state, a county, a	9159
township, or a municipal corporation and none of the funds used in	9160
constructing the improvements, including funds used to repay any	9161
amounts borrowed to construct the improvements, are funds that	9162
have been appropriated for that purpose by the state, a board of	9163
county commissioners, a township, or a municipal corporation from	9164
funds generated by the levy of a tax; provided, however, that a	9165
county hospital or municipal hospital may elect to apply sections	9166
4115.03 to 4115.16 of the Revised Code to a public improvement	9167
undertaken by, or under contract for, the hospital;	9168

(5) Any project described in divisions (D)(1)(a) to (D)(1)(e)	9169
of section 176.05 of the Revised Code;	9170

(6) Public improvements that are undertaken by, or under	9171
contract for, a political subdivision of the state, the total	9172
overall project cost of which is estimated to be less than four	9173
hundred fifty thousand dollars. Beginning on January 1, 2008, the	9174
director of commerce shall adjust that amount annually according	9175
to the average increase or decrease for each of the two years	9176
immediately preceding the adjustment as set forth in the United	9177
States department of commerce, bureau of the census implicit price	9178
deflator for construction.	9179

Sec. 4121.121.  (A) There is hereby created the bureau of	9180
workers' compensation, which shall be administered by the	9181
administrator of workers' compensation. A person appointed to the	9182
position of administrator shall possess significant management	9183
experience in effectively managing an organization or	9184
organizations of substantial size and complexity. The governor	9185
shall appoint the administrator as provided in section 121.03 of	9186
the Revised Code, and the administrator shall serve at the	9187
pleasure of the governor. The governor shall fix the	9188
administrator's salary on the basis of the administrator's	9189
experience and the administrator's responsibilities and duties	9190
under this chapter and Chapters 4123., 4127., 4131., and 4167. of	9191
the Revised Code. The governor shall not appoint to the position	9192
of administrator any person who has, or whose spouse has, given a	9193
contribution to the campaign committee of the governor in an	9194
amount greater than one thousand dollars during the two-year	9195
period immediately preceding the date of the appointment of the	9196
administrator.	9197

The administrator shall hold no other public office and shall	9198
devote full time to the duties of administrator. Before entering	9199
upon the duties of the office, the administrator shall take an	9200
oath of office as required by sections 3.22 and 3.23 of the	9201
Revised Code, and shall file in the office of the secretary of	9202
state, a bond signed by the administrator and by surety approved	9203
by the governor, for the sum of fifty thousand dollars payable to	9204
the state, conditioned upon the faithful performance of the	9205
administrator's duties.	9206

(B) The administrator is responsible for the management of	9207
the bureau of workers' compensation and for the discharge of all	9208
administrative duties imposed upon the administrator in this	9209
chapter and Chapters 4123., 4127., 4131., and 4167. of the Revised	9210
Code, and in the discharge thereof shall do all of the following:	9211

(1) Establish the overall administrative policy of the bureau	9212
for the purposes of this chapter and Chapters 4123., 4127., 4131.,	9213
and 4167. of the Revised Code, and perform all acts and exercise	9214
all authorities and powers, discretionary and otherwise that are	9215
required of or vested in the bureau or any of its employees in	9216
this chapter and Chapters 4123., 4127., 4131., and 4167. of the	9217
Revised Code, except the acts and the exercise of authority and	9218
power that is required of and vested in the oversight commission	9219
or the industrial commission pursuant to those chapters. The	9220
treasurer of state shall honor all warrants signed by the	9221
administrator, or by one or more of the administrator's employees,	9222
authorized by the administrator in writing, or bearing the	9223
facsimile signature of the administrator or such employee under	9224
sections 4123.42 and 4123.44 of the Revised Code.	9225

(2) Employ, direct, and supervise all employees required in	9226
connection with the performance of the duties assigned to the	9227
bureau by this chapter and Chapters 4123., 4127., 4131., and 4167.	9228
of the Revised Code, and may establish job classification plans	9229
and compensation for all employees of the bureau provided that	9230
this grant of authority shall not be construed as affecting any	9231
employee for whom the state employment relations board has	9232
established an appropriate bargaining unit under section 4117.06	9233
of the Revised Code. All positions of employment in the bureau are	9234
in the classified civil service except those employees the	9235
administrator may appoint to serve at the administrator's pleasure	9236
in the unclassified civil service pursuant to section 124.11 of	9237
the Revised Code. The administrator shall fix the salaries of	9238
employees the administrator appoints to serve at the	9239
administrator's pleasure, including the chief operating officer,	9240
staff physicians, and other senior management personnel of the	9241
bureau and shall establish the compensation of staff attorneys of	9242
the bureau's legal section and their immediate supervisors, and	9243
take whatever steps are necessary to provide adequate compensation	9244
for other staff attorneys.	9245

The administrator may appoint a person holdingwho holds a	9246
certified position in the classified service within the bureau to	9247
any statea position in the unclassified service ofwithin the	9248
bureau of workers' compensation. A person so appointed pursuant to	9249
this division to a position in the unclassified service shall	9250
retain the right to resume the position and status held by the	9251
person in the classified service immediately prior to the person's	9252
appointment in the unclassified service. If the position the	9253
person previously held has been filled or placed in the	9254
unclassified service, or is otherwise unavailable, the person	9255
shall be appointed to a position in the classified service within	9256
the bureau that the department of administrative services	9257
certifies is comparable in compensation to the position the person	9258
previously held. Reinstatement, regardless of the number of	9259
positions the person held in the unclassified service. An	9260
employee's right to resume a position in the classified service	9261
may only be exercised when the administrator demotes the employee	9262
to a pay range lower than the employee's current pay range or	9263
revokes the employee's appointment to the unclassified service. An	9264
employee forfeits the right to resume a position in the classified	9265
service when the employee is removed from the position in the	9266
unclassified service due to incompetence, inefficiency,	9267
dishonesty, drunkenness, immoral conduct, insubordination,	9268
discourteous treatment of the public, neglect of duty, violation	9269
of this chapter or Chapter 124., 4123., 4127., 4131., or 4167. of	9270
the Revised Code, violation of the rules of the director of	9271
administrative services or the administrator of workers'	9272
compensation, any other failure of good behavior, any other acts	9273
of misfeasance, malfeasance, or nonfeasance in office, or	9274
conviction of a felony. An employee also forfeits the right to	9275
resume a position in the classified service upon transfer to a	9276
different agency.	9277

Reinstatement to a position in the classified service shall	9278
be to a position substantially equal to that position in the	9279
classified service held previously, as certified by the department	9280
of administrative services. If the position the person previously	9281
held in the classified service has been placed in the unclassified	9282
service or is otherwise unavailable, the person shall be appointed	9283
to a position in the classified service within the bureau that the	9284
director of administrative services certifies is comparable in	9285
compensation to the position the person previously held in the	9286
classified service. Service in the position in the unclassified	9287
service shall be counted as service in the position in the	9288
classified service held by the person immediately prior to the	9289
person's appointment in the unclassified service. When a person is	9290
reinstated to a position in the classified service as provided in	9291
this sectiondivision, the person is entitled to all rights,	9292
status, and benefits accruing to the position during the person's	9293
time of service in the position in the unclassified service.	9294

(3) Reorganize the work of the bureau, its sections,	9295
departments, and offices to the extent necessary to achieve the	9296
most efficient performance of its functions and to that end may	9297
establish, change, or abolish positions and assign and reassign	9298
duties and responsibilities of every employee of the bureau. All	9299
persons employed by the commission in positions that, after	9300
November 3, 1989, are supervised and directed by the administrator	9301
under this section are transferred to the bureau in their	9302
respective classifications but subject to reassignment and	9303
reclassification of position and compensation as the administrator	9304
determines to be in the interest of efficient administration. The	9305
civil service status of any person employed by the commission is	9306
not affected by this section. Personnel employed by the bureau or	9307
the commission who are subject to Chapter 4117. of the Revised	9308
Code shall retain all of their rights and benefits conferred	9309
pursuant to that chapter as it presently exists or is hereafter	9310
amended and nothing in this chapter or Chapter 4123. of the	9311
Revised Code shall be construed as eliminating or interfering with	9312
Chapter 4117. of the Revised Code or the rights and benefits	9313
conferred under that chapter to public employees or to any	9314
bargaining unit.	9315

(4) Provide offices, equipment, supplies, and other	9316
facilities for the bureau.	9317

(5) Prepare and submit to the oversight commission	9318
information the administrator considers pertinent or the oversight	9319
commission requires, together with the administrator's	9320
recommendations, in the form of administrative rules, for the	9321
advice and consent of the oversight commission, for	9322
classifications of occupations or industries, for premium rates	9323
and contributions, for the amount to be credited to the surplus	9324
fund, for rules and systems of rating, rate revisions, and merit	9325
rating. The administrator shall obtain, prepare, and submit any	9326
other information the oversight commission requires for the prompt	9327
and efficient discharge of its duties.	9328

(6) Keep the accounts required by division (A) of section	9329
4123.34 of the Revised Code and all other accounts and records	9330
necessary to the collection, administration, and distribution of	9331
the workers' compensation funds and shall obtain the statistical	9332
and other information required by section 4123.19 of the Revised	9333
Code.	9334

(7) Exercise the investment powers vested in the	9335
administrator by section 4123.44 of the Revised Code in accordance	9336
with the investment objectives, policies, and criteria established	9337
by the oversight commission pursuant to section 4121.12 of the	9338
Revised Code and in consultation with the chief investment officer	9339
of the bureau of workers' compensation. The administrator shall	9340
not engage in any prohibited investment activity specified by the	9341
oversight commission pursuant to division (G)(6) of section	9342
4121.12 of the Revised Code and shall not invest in any type of	9343
investment specified in divisiondivisions (G)(6)(a) to (j) of	9344
that section. All business shall be transacted, all funds	9345
invested, all warrants for money drawn and payments made, and all	9346
cash and securities and other property held, in the name of the	9347
bureau, or in the name of its nominee, provided that nominees are	9348
authorized by the administrator solely for the purpose of	9349
facilitating the transfer of securities, and restricted to the	9350
administrator and designated employees.	9351

(8) Make contracts for and supervise the construction of any	9352
project or improvement or the construction or repair of buildings	9353
under the control of the bureau.	9354

(9) Purchase supplies, materials, equipment, and services;	9355
make contracts for, operate, and superintend the telephone, other	9356
telecommunication, and computer services for the use of the	9357
bureau; and make contracts in connection with office reproduction,	9358
forms management, printing, and other services. Notwithstanding	9359
sections 125.12 to 125.14 of the Revised Code, the administrator	9360
may transfer surplus computers and computer equipment directly to	9361
an accredited public school within the state. The computers and	9362
computer equipment may be repaired or refurbished prior to the	9363
transfer.	9364

(10) Separately from the budget the industrial commission	9365
submits, prepare and submit to the director of budget and	9366
management a budget for each biennium. The budget submitted shall	9367
include estimates of the costs and necessary expenditures of the	9368
bureau in the discharge of any duty imposed by law.	9369

(11) As promptly as possible in the course of efficient	9370
administration, decentralize and relocate such of the personnel	9371
and activities of the bureau as is appropriate to the end that the	9372
receipt, investigation, determination, and payment of claims may	9373
be undertaken at or near the place of injury or the residence of	9374
the claimant and for that purpose establish regional offices, in	9375
such places as the administrator considers proper, capable of	9376
discharging as many of the functions of the bureau as is	9377
practicable so as to promote prompt and efficient administration	9378
in the processing of claims. All active and inactive lost-time	9379
claims files shall be held at the service office responsible for	9380
the claim. A claimant, at the claimant's request, shall be	9381
provided with information by telephone as to the location of the	9382
file pertaining to the claimant's claim. The administrator shall	9383
ensure that all service office employees report directly to the	9384
director for their service office.	9385

(12) Provide a written binder on new coverage where the	9386
administrator considers it to be in the best interest of the risk.	9387
The administrator, or any other person authorized by the	9388
administrator, shall grant the binder upon submission of a request	9389
for coverage by the employer. A binder is effective for a period	9390
of thirty days from date of issuance and is nonrenewable. Payroll	9391
reports and premium charges shall coincide with the effective date	9392
of the binder.	9393

(13) Set standards for the reasonable and maximum handling	9394
time of claims payment functions, ensure, by rules, the impartial	9395
and prompt treatment of all claims and employer risk accounts, and	9396
establish a secure, accurate method of time stamping all incoming	9397
mail and documents hand delivered to bureau employees.	9398

(14) Ensure that all employees of the bureau follow the	9399
orders and rules of the commission as such orders and rules relate	9400
to the commission's overall adjudicatory policy-making and	9401
management duties under this chapter and Chapters 4123., 4127.,	9402
and 4131. of the Revised Code.	9403

(15) Manage and operate a data processing system with a	9404
common data base for the use of both the bureau and the commission	9405
and, in consultation with the commission, using electronic data	9406
processing equipment, shall develop a claims tracking system that	9407
is sufficient to monitor the status of a claim at any time and	9408
that lists appeals that have been filed and orders or	9409
determinations that have been issued pursuant to section 4123.511	9410
or 4123.512 of the Revised Code, including the dates of such	9411
filings and issuances.	9412

(16) Establish and maintain a medical section within the	9413
bureau. The medical section shall do all of the following:	9414

(a) Assist the administrator in establishing standard medical	9415
fees, approving medical procedures, and determining eligibility	9416
and reasonableness of the compensation payments for medical,	9417
hospital, and nursing services, and in establishing guidelines for	9418
payment policies which recognize usual, customary, and reasonable	9419
methods of payment for covered services;	9420

(b) Provide a resource to respond to questions from claims	9421
examiners for employees of the bureau;	9422

(c) Audit fee bill payments;

9423

(d) Implement a program to utilize, to the maximum extent	9424
possible, electronic data processing equipment for storage of	9425
information to facilitate authorizations of compensation payments	9426
for medical, hospital, drug, and nursing services;	9427

(e) Perform other duties assigned to it by the administrator.

9428

(17) Appoint, as the administrator determines necessary,	9429
panels to review and advise the administrator on disputes arising	9430
over a determination that a health care service or supply provided	9431
to a claimant is not covered under this chapter or Chapter 4123.	9432
of the Revised Code or is medically unnecessary. If an individual	9433
health care provider is involved in the dispute, the panel shall	9434
consist of individuals licensed pursuant to the same section of	9435
the Revised Code as such health care provider.	9436

(18) Pursuant to section 4123.65 of the Revised Code, approve	9437
applications for the final settlement of claims for compensation	9438
or benefits under this chapter and Chapters 4123., 4127., and	9439
4131. of the Revised Code as the administrator determines	9440
appropriate, except in regard to the applications of self-insuring	9441
employers and their employees.	9442

(19) Comply with section 3517.13 of the Revised Code, and	9443
except in regard to contracts entered into pursuant to the	9444
authority contained in section 4121.44 of the Revised Code, comply	9445
with the competitive bidding procedures set forth in the Revised	9446
Code for all contracts into which the administrator enters	9447
provided that those contracts fall within the type of contracts	9448
and dollar amounts specified in the Revised Code for competitive	9449
bidding and further provided that those contracts are not	9450
otherwise specifically exempt from the competitive bidding	9451
procedures contained in the Revised Code.	9452

(20) Adopt, with the advice and consent of the oversight	9453
commission, rules for the operation of the bureau.	9454

(21) Prepare and submit to the oversight commission	9455
information the administrator considers pertinent or the oversight	9456
commission requires, together with the administrator's	9457
recommendations, in the form of administrative rules, for the	9458
advice and consent of the oversight commission, for the health	9459
partnership program and the qualified health plan system, as	9460
provided in sections 4121.44, 4121.441, and 4121.442 of the	9461
Revised Code.	9462

(C) The administrator, with the advice and consent of the	9463
senate, shall appoint a chief operating officer who has	9464
significant experience in the field of workers' compensation	9465
insurance or other similar insurance industry experience if the	9466
administrator does not possess such experience. The chief	9467
operating officer shall not commence the chief operating officer's	9468
duties until after the senate consents to the chief operating	9469
officer's appointment. The chief operating officer shall serve in	9470
the unclassified civil service of the state.	9471

Sec. 4503.068.  On or before the second Monday in September	9472
of each year, the county treasurer shall total the amount by which	9473
the taxes levied in that year were reduced pursuant to section	9474
4503.067 of the Revised Code, and certify that amount to the tax	9475
commissioner. Within ninety days of the receipt of the	9476
certification, the commissioner shall certify that amount to the	9477
auditordirector of statebudget and management and the auditor	9478
director shall make two payments from the general revenue fund in	9479
favor of the county treasurer. One shall be in the full amount by	9480
which taxes were reduced. The other shall be in an amount equal to	9481
two per cent of such amount and shall be a payment to the county	9482
auditor and county treasurer for the costs of administering	9483
sections 4503.064 to 4503.069 of the Revised Code.	9484

Immediately upon receipt of the payment in the full amount by	9485
which taxes were reduced, the full amount of the payment shall be	9486
distributed among the taxing districts in the county as though it	9487
had been received as taxes under section 4503.06 of the Revised	9488
Code from each person for whom taxes were reduced under sections	9489
4503.064 to 4503.069 of the Revised Code.	9490

Sec. 4710.02.  (A) Subject to division (C) of this section, a	9491
person engaged in debt adjusting shall do bothall of the	9492
following:	9493

(1) Unless specifically instructed otherwise by a debtor,	9494
disburse to the appropriate creditors all funds received from the	9495
debtor, less any contributions not prohibited by division (B) of	9496
this section, within thirty days of receipt of the funds from the	9497
debtor;	9498

(2) Maintain a separate trust account for the receipt of any	9499
funds from debtors and the disbursement of the funds to creditors	9500
on behalf of the debtors;	9501

(3) Charge or accept only reasonable fees or contributions in	9502
accordance with division (B) of this section;	9503

(4) Establish and implement a policy that allows for the	9504
waiver or discontinuation of fees or contributions not prohibited	9505
by division (B) of this section if the debtor is unable to pay	9506
such fees or contributions.	9507

(B) If fees or contributions for engaging inproviding debt	9508
adjusting services are charged or accepted, directly or	9509
indirectly, no person providing or engaged in debt adjusting shall	9510
do any of the following:	9511

(1) Accept aCharge or accept a fee or contribution exceeding	9512
seventy-five dollars from a debtor residing in this state for an	9513
initial consultation or initial set up of a debt management plan	9514
or similar plan;	9515

(2) Accept aCharge or accept consultation contributionfees	9516
or contributions exceeding one hundred dollars per calendar year	9517
from a debtor residing in this state;	9518

(3) AcceptCharge or accept a periodic fee or contribution	9519
from a debtor residing in this state for administering a debt	9520
management plan or similar plan, which fee or contribution exceeds	9521
eight and one-half per cent of the amount paid by the debtor each	9522
month for distribution to the debtor's creditors or thirty	9523
dollars, whichever is greater.	9524

(C) Division (A) or (B) of this section does not prohibit a	9525
person engaged in debt adjusting for a debtor who is residing in	9526
this state from charging the debtor a reasonable fee for	9527
insufficient funds transactions that is in addition to fees or	9528
contributions not prohibited by division (B) of this section.	9529

(D) Any person that engages in debt adjusting, annually,	9530
shall arrange for and undergo an audit conducted by an	9531
independent, third party, certified public accountant of the	9532
person's business, including any trust funds deposited and	9533
distributed to creditors on behalf of debtors. Both of the	9534
following apply to an audit described in this division:	9535

(1) The person shall file the results of the audit and the	9536
auditor's opinion with the consumer protection division of the	9537
attorney general.	9538

(2) The attorney general shall make available a summary of	9539
the results of the audit and the auditor's opinion upon written	9540
request of a person and payment of a fee not exceeding the cost of	9541
copying the summary and opinion.	9542

(E) A person engaged in debt adjusting shall obtain and	9543
maintain at all times insurance coverage for employee dishonesty,	9544
depositor's forgery, and computer fraud in the amount of ten per	9545
cent of the monthly average for the immediate preceding six months	9546
of the aggregate amount of all deposits made with the person by	9547
all debtors. The insurance coverage shall comply with all of the	9548
following:	9549

(1) The insurance coverage is not less than one hundred	9550
thousand dollars.	9551

(2) The insurance coverage includes a deductible that does	9552
not exceed ten per cent of the face amount of the policy coverage.	9553

(3) The insurance coverage is issued by an insurer rated at	9554
least A- or its equivalent by a nationally recognized rating	9555
organization.	9556

(4) The insurance coverage provides that thirty days advance	9557
written notice be given to the consumer protection division of the	9558
attorney general before coverage is terminated.	9559

(F)(1) No person engaged in debt adjusting shall fail to	9560
comply with division (A) of this section or shall violate division	9561
(B) of this section.	9562

(2) No person engaged in debt adjusting shall fail to comply	9563
with divisions (D) and (E) of this section.	9564

Sec. 4728.03.  (A) As used in this section, "experience and	9565
fitness in the capacity involved" means that the applicant for a	9566
precious metals dealer's license has had sufficient financial	9567
responsibility, reputation, and experience in the business of	9568
precious metals dealer, or a related business, to act as a	9569
precious metals dealer in compliance with this chapter.	9570

(B)(1) The division of financial institutions in the	9571
department of commerce may grant a precious metals dealer's	9572
license to any person of good character, having experience and	9573
fitness in the capacity involved, who demonstrates a net worth of	9574
at least ten thousand dollars and the ability to maintain that net	9575
worth during the licensure period. The superintendent of financial	9576
institutions shall compute the applicant's net worth according to	9577
generally accepted accounting principles.	9578

(2) In place of the demonstration of net worth required by	9579
division (B)(1) of this section, an applicant may obtain a surety	9580
bond issued by a surety company authorized to do business in this	9581
state if all of the following conditions are met:	9582

(a) A copy of the surety bond is filed with the division;

9583

(b) The bond is in favor of any person, and of the state for	9584
the benefit of any person, injured by any violation of this	9585
chapter;	9586

(c) The bond is in the amount of not less than ten thousand	9587
dollars.	9588

(3) Before granting a license under this division, the	9589
division shall determine that the applicant meets the requirements	9590
of division (B)(1) or (2) of this section.	9591

(C) The division shall require an applicant for a precious	9592
metals dealer's license to pay to the division a nonrefundable,	9593
initial investigation fee of two hundred dollars which shall be	9594
for the exclusive use of the state. The license fee for a precious	9595
metals dealer's license and the renewal fee shall be determined by	9596
the superintendent, provided that the fee may not exceed three	9597
hundred dollars. A license issued by the division shall expire on	9598
the last day of June next following the date of its issuance.	9599
Fifty per cent of license fees shall be for the use of the state,	9600
and fifty per cent shall be paid to the municipal corporation, or	9601
if outside the limits of any municipal corporation, to the county	9602
in which the office of the licensee is located. All portions of	9603
license fees payable to municipal corporations or counties shall	9604
be paid as they accrue, by the treasurer of state, on vouchers	9605
issued by the auditordirector of statebudget and management.	9606

(D) Every such license shall be renewed annually by the last	9607
day of June according to the standard renewal procedure of	9608
sections Chapter 4745. of the Revised Code. No license shall be	9609
granted to any person not a resident of or the principal office of	9610
which is not located in the municipal corporation or county	9611
designated in such license, unless, and until such applicant	9612
shall, in writing and in due form, to be first approved by and	9613
filed with the division, appoint an agent, a resident of the	9614
state, and city or county where the office is to be located, upon	9615
whom all judicial and other process, or legal notice, directed to	9616
the applicant may be served; and in case of the death, removal	9617
from the state, or any legal disability or any disqualification of	9618
any agent, service of process or notice may be made upon the	9619
superintendent.	9620

(E) The division may, pursuant to Chapter 119. of the Revised	9621
Code, upon notice to the licensee and after giving the licensee	9622
reasonable opportunity to be heard, revoke or suspend any license,	9623
if the licensee or the licensee's officers, agents, or employees	9624
violate this chapter. Whenever, for any cause, the license is	9625
revoked or suspended, the division shall not issue another license	9626
to the licensee nor to the husband or wife of the licensee, nor to	9627
any copartnership or corporation of which the licensee is an	9628
officer, nor to any person employed by the licensee, until the	9629
expiration of at least one year from the date of revocation of the	9630
license.	9631

(F) In conducting an investigation to determine whether an	9632
applicant satisfies the requirements for licensure under this	9633
section, the superintendent may request that the superintendent of	9634
the bureau of criminal identification and investigation	9635
investigate and determine whether the bureau has procured any	9636
information pursuant to section 109.57 of the Revised Code	9637
pertaining to the applicant.	9638

If the superintendent of financial institutions determines	9639
that conducting an investigation to determine whether an applicant	9640
satisfies the requirements for licensure under this section will	9641
require procuring information outside the state, then, in addition	9642
to the fee established under division (C) of this section, the	9643
superintendent may require the applicant to pay any of the actual	9644
expenses incurred by the division to conduct such an	9645
investigation, provided that the superintendent shall assess the	9646
applicant a total no greater than one thousand dollars for such	9647
expenses. The superintendent may require the applicant to pay in	9648
advance of the investigation, sufficient funds to cover the	9649
estimated cost of the actual expenses. If the superintendent	9650
requires the applicant to pay investigation expenses, the	9651
superintendent shall provide to the applicant an itemized	9652
statement of the actual expenses incurred by the division to	9653
conduct the investigation.	9654

(G)(1) Except as otherwise provided in division (G)(2) of	9655
this sectionssection a precious metals dealer licensed under this	9656
section shall maintain a net worth of at least ten thousand	9657
dollars, computed as required under division (B)(1) of this	9658
section, for as long as the licensee holds a valid precious metals	9659
dealer's license issued pursuant to this section.	9660

(2) A licensee who obtains a surety bond under division	9661
(B)(2) of this section is exempt from the requirement of division	9662
(G)(1) of this section, but shall maintain the bond for at least	9663
two years after the date on which the licensee ceases to conduct	9664
business in this state.	9665

Sec. 4733.14.  The state board of registration for	9666
professional engineers and surveyors shall, upon payment of the	9667
registration fee, register and issue a certificate showing initial	9668
registration of an applicant who, in the opinion of the board, has	9669
satisfactorily met all the requirements of this chapter. In the	9670
case of a registered professional engineer, the certificate shall	9671
authorize the practice of "professional engineering," and in the	9672
case of a registered professional surveyor, the certificate shall	9673
authorize the practice of "professional surveying." Certificates	9674
of registration shall show the full name of the registrant, shall	9675
have a serial number, and shall be signed by the chairperson and	9676
the secretary of the board under seal of the board.	9677

Registration by the board shall be evidence that the person	9678
named therein is entitled to all the rights and privileges of a	9679
registered professional engineer, or of a registered professional	9680
surveyor, while the registration remains unrevoked or unexpired.	9681

Each registrant may, upon completing registration, obtain a	9682
seal of the design authorized by the board, bearing the	9683
registrant's name and the legend, "registered professional	9684
engineer," or "registered professional surveyor," provided,	9685
however, that any registered surveyor's seal obtained prior to the	9686
amendment of this section effective April 4, 1985, 140 Ohio Laws	9687
4092, shall remain as a legal seal for any registrant who was	9688
registered as a "registered surveyor." Plans, specifications,	9689
plats, reports, and all other engineering or surveying work	9690
products issued by a registrant shall be stamped with the seal or	9691
bear a computer-generated seal in accordance with this section,	9692
and be signed and dated by the registrant or bear a	9693
computer-generated seal and electronic signature and date, but no	9694
person shall stamp, seal, or sign any documents after the	9695
registration of the registrant named thereon has expired or the	9696
registration has been revoked or suspended, unless the	9697
registration has been renewed or reissued.	9698

Except when documents are transmitted electronically to	9699
clients or to governmental agencies, computer-generated seals may	9700
be used on final original drawings on the condition that a	9701
handwritten signature and date is placed adjacent to or across the	9702
seal. Plans, specifications, plats, reports, and all other	9703
engineering or surveying work products that are transmitted	9704
electronically to a client or a governmental agency shall have the	9705
computer-generated seal removed from the electronic file before	9706
transmittal. An electronic transmission with no computer-generated	9707
seal shall have the following inserted in place of the signature	9708
and date: "This document was originally issued by	9709
.................... (name of registrant) on .......... (date).	9710
This document is not considered a sealed document."	9711

Sec. 4763.03.  (A) In addition to any other duties imposed on	9712
the real estate appraiser board under this chapter, the board	9713
shall:	9714

(1) Adopt rules, in accordance with Chapter 119. of the	9715
Revised Code, in furtherance of this chapter, including, but not	9716
limited to, all of the following:	9717

(a) Defining, with respect to state-certified general real	9718
estate appraisers, state-certified residential real estate	9719
appraisers, and state-licensed residential real estate appraisers,	9720
the type of educational experience, appraisal experience, and	9721
other equivalent experience that satisfy the requirements of this	9722
chapter. The rules shall require that all appraisal experience	9723
performed after January 1, 1996, meet the uniform standards of	9724
professional practice established by the appraisal foundation.	9725

(b) Establishing the examination specifications for	9726
state-certified general real estate appraisers, state-certified	9727
residential real estate appraisers, and state-licensed residential	9728
real estate appraisers;	9729

(c) Relating to disciplinary proceedings conducted in	9730
accordance with section 4763.11 of the Revised Code, including	9731
rules governing the reinstatement of certificates, registrations,	9732
and licenses that have been suspended pursuant to those	9733
proceedings;	9734

(d) Identifying any additional information to be included on	9735
the forms specified in division (C) of section 4763.12 of the	9736
Revised Code, provided that the rules shall not require any less	9737
information than is required in that division;	9738

(e) Establishing the fees set forth in section 4763.09 of the	9739
Revised Code;	9740

(f) Establishing the amount of the assessment required by	9741
division (A)(2) of section 4763.05 of the Revised Code. The board	9742
annually shall determine the amount due from each applicant for an	9743
initial certificate, registration, and license in an amount that	9744
will maintain the real estate appraiser recovery fund at the level	9745
specified in division (A) of section 4763.16 of the Revised Code.	9746
The board may, if the fund falls below that amount, require	9747
current certificate holders, registrants, and licensees to pay an	9748
additional assessment.	9749

(g) Defining, with respect to state-registered real estate	9750
appraiser assistants, the educational and experience requirements	9751
ofpursuant to division (C)(1)(d) of section 4763.05 of the	9752
Revised Code;	9753

(h) Establishing a real estate appraiser assistant program	9754
for the registration of real estate appraiser assistants.	9755

(2) Provide or procure appropriate examination questions and	9756
answers forPrescribe by rule the requirements for the	9757
examinations required by division (D) of section 4763.05 of the	9758
Revised Code, and establish the criteria for successful completion	9759
of those examinations;	9760

(3) Periodically review the standards for preparation and	9761
reporting of real estate appraisals provided in this chapter and	9762
adopt rules explaining and interpreting those standards;	9763

(4) Hear appeals, pursuant to Chapter 119. of the Revised	9764
Code, from decisions and orders the superintendent of real estate	9765
issues pursuant to this chapter;	9766

(5) Request the initiation by the superintendent of	9767
investigations of violations of this chapter or the rules adopted	9768
pursuant thereto, as the board determines appropriate;	9769

(6) Determine the appropriate disciplinary actions to be	9770
taken against certificate holders, registrants, and licensees	9771
under this chapter as provided in section 4763.11 of the Revised	9772
Code.	9773

(B) In addition to any other duties imposed on the	9774
superintendent of real estate under this chapter, the	9775
superintendent shall:	9776

(1) Prescribe the form and content of all applications	9777
required by this chapter;	9778

(2) Receive applications for certifications, registrations,	9779
and licenses and renewal thereof under this chapter and establish	9780
the procedures for processing, approving, and disapproving those	9781
applications;	9782

(3) Retain records and all application materials submitted to	9783
the superintendent;	9784

(4) Establish the time and place for conducting the	9785
examinations required by division (D) of section 4763.05 of the	9786
Revised Code;	9787

(5) Issue certificates, registrations, and licenses and	9788
maintain a register of the names and addresses of all persons	9789
issued a certificate, registration, or license under this chapter;	9790

(6) Perform any other functions and duties, including the	9791
employment of staff, necessary to administer this chapter;	9792

(7) Administer this chapter;

9793

(8) Issue all orders necessary to implement this chapter;

9794

(9) Investigate complaints, upon the superintendent's own	9795
motion or upon receipt of a complaint or upon a request of the	9796
board, concerning any violation of this chapter or the rules	9797
adopted pursuant thereto or the conduct of any person holding a	9798
certificate, registration, or license issued pursuant to this	9799
chapter;	9800

(10) Establish and maintain an investigation and audit	9801
section to investigate complaints and conduct inspections, audits,	9802
and other inquiries as in the judgment of the superintendent are	9803
appropriate to enforce this chapter. The investigators and	9804
auditors have the right to review and audit the business records	9805
of certificate holders, registrants, and licensees during normal	9806
business hours. The superintendent may utilize the investigators	9807
and auditors employed pursuant to division (B)(4) of section	9808
4735.05 of the Revised Code or currently licensed certificate	9809
holders or licensees to assist in performing the duties of this	9810
division.	9811

(11) Appoint a referee or examiner for any proceeding	9812
involving the revocation or suspension of a certificate,	9813
registration, or license under section 3123.47 or 4763.11 of the	9814
Revised Code;	9815

(12) Administer the real estate appraiser recovery fund;

9816

(13) Conduct the examinations required by division (D) of	9817
section 4763.05 of the Revised Code at least four times per year.	9818

(C) The superintendent may do all of the following:

9819

(1) In connection with investigations and audits under	9820
division (B) of this section, subpoena witnesses as provided in	9821
section 4763.04 of the Revised Code;	9822

(2) Apply to the appropriate court to enjoin any violation of	9823
this chapter. Upon a showing by the superintendent that any person	9824
has violated or is about to violate this chapter, the court shall	9825
grant an injunction, restraining order, or other appropriate	9826
relief, or any combination thereof.	9827

(D) All information that is obtained by investigators and	9828
auditors performing investigations or conducting inspections,	9829
audits, and other inquiries pursuant to division (B)(10) of this	9830
section, from certificate holders, registrants, licensees,	9831
complainants, or other persons, and all reports, documents, and	9832
other work products that arise from that information and that are	9833
prepared by the investigators, auditors, or other personnel of the	9834
department of commerce, shall be held in confidence by the	9835
superintendent, the investigators and auditors, and other	9836
personnel of the department.	9837

(E) This section does not prevent the division of real estate	9838
and professional licensing from releasing information relating to	9839
certificate holders, registrants, and licensees to the	9840
superintendent of financial institutions for purposes relating to	9841
the administration of sections 1322.01 to 1322.12 of the Revised	9842
Code, to the superintendent of insurance for purposes relating to	9843
the administration of Chapter 3953. of the Revised Code, to the	9844
attorney general, or to local law enforcement agencies and local	9845
prosecutors. Information released by the division pursuant to this	9846
section remains confidential.	9847

(F) Any rule the board adopts shall not exceed the	9848
requirements specified in federal law or regulations.	9849

Sec. 4763.05. (A)(1)(a) A person shall make application for	9850
an initial state-certified general real estate appraiser	9851
certificate, an initial state-certified residential real estate	9852
appraiser certificate, an initial state-licensed residential real	9853
estate appraiser license, or an initial state-registered real	9854
estate appraiser assistant registration in writing to the	9855
superintendent of real estate on a form the superintendent	9856
prescribes. The application shall include the address of the	9857
applicant's principal place of business and all other addresses at	9858
which the applicant currently engages in the business of preparing	9859
real estate appraisals and the address of the applicant's current	9860
residence. The superintendent shall retain the applicant's current	9861
residence address in a separate record which shall not constitute	9862
a public record for purposes of section 149.03 of the Revised	9863
Code. The application shall indicate whether the applicant seeks	9864
certification as a general real estate appraiser or as a	9865
residential real estate appraiser, licensure as a residential real	9866
estate appraiser, or registration as a real estate appraiser	9867
assistant and be accompanied by the prescribed examination and	9868
certification, registration, or licensure fees set forth in	9869
section 4763.09 of the Revised Code. The application also shall	9870
include a fingerprint of the applicant; a pledge, signed by the	9871
applicant, that the applicant will comply with the standards set	9872
forth in this chapter; and a statement that the applicant	9873
understands the types of misconduct for which disciplinary	9874
proceedings may be initiated against the applicant pursuant to	9875
this chapter.	9876

(b) Upon the filing of an application and payment of any	9877
examination and certification, registration, or licensure fees,	9878
the superintendent of real estate shall request the superintendent	9879
of the bureau of criminal identification and investigation, or a	9880
vendor approved by the bureau, to conduct a criminal records check	9881
based on the applicant's fingerprints in accordance with division	9882
(A)(11) of section 109.572 of the Revised Code. Notwithstanding	9883
division (J) of section 121.08 of the Revised Code, the	9884
superintendent of real estate shall request that criminal record	9885
information from the federal bureau of investigation be obtained	9886
as part of the criminal records check. Any fee required under	9887
division (C)(3) of section 109.572 of the Revised Code shall be	9888
paid by the applicant.	9889

(2) For purposes of providing funding for the real estate	9890
appraiser recovery fund established by section 4763.16 of the	9891
Revised Code, the real estate appraiser board shall levy an	9892
assessment against each person issued an initial certificate,	9893
registration, or license and against current licensees,	9894
registrants, and certificate holders, as required by board rule.	9895
The assessment is in addition to the application and examination	9896
fees for initial applicants required by division (A)(1) of this	9897
section and the renewal fees required for current certificate	9898
holders, registrants, and licensees. The superintendent of real	9899
estate shall deposit the assessment into the state treasury to the	9900
credit of the real estate appraiser recovery fund. The assessment	9901
for initial certificate holders, registrants, and licensees shall	9902
be paid prior to the issuance of a certificate, registration, or	9903
license, and for current certificate holders, registrants, and	9904
licensees, at the time of renewal.	9905

(B) An applicant for an initial general real estate appraiser	9906
certificate, residential real estate appraiser certificate, or	9907
residential real estate appraiser license shall possess at least	9908
thirty months of experience in real estate appraisal, or any	9909
equivalent experience the board prescribes. An applicant for a	9910
residential real estate appraiser certificate or residential real	9911
estate appraiser license shall possess at least two years of	9912
experience in real estate appraisal, or any equivalent experience	9913
as the board prescribes by rule. In addition to any other	9914
information required by the board, the applicant shall furnish,	9915
under oath, a detailed listing of the appraisal reports or file	9916
memoranda for each year for which experience is claimed and, upon	9917
request of the superintendent or the board, shall make available	9918
for examination a sample of the appraisal reports prepared by the	9919
applicant in the course of the applicant's practice.	9920

(C)(1) Except as provided in division (C)(2) of this section,	9921
anAn applicant for an initial certificate, registration, or	9922
license shall be at least eighteen years of age, honest, truthful,	9923
and of good reputation and shall present satisfactory evidence to	9924
the superintendent of the following, as appropriate:	9925

(a) If the applicant is seeking a state-certified general	9926
real estate appraiser certificate, that the applicant has	9927
successfully completed at least one hundred sixty-five classroom	9928
hours of courses in subjects related to real estate appraisal,	9929
including at least one course devoted exclusively to federal,	9930
state, and municipal fair housing law, presented by a nationally	9931
recognized appraisal organization, an institution of higher	9932
education, a career school registered by the state board of career	9933
colleges and schools, a state or federal commission or agency, or	9934
any other organization that represents the interests of financial	9935
institutions or real estate brokers, appraisers, or agents and	9936
that provides appraisal education, plus fifteen classroom hours	9937
related to standards of professional practice and the provisions	9938
of this chapter;	9939

(b) If the applicant is seeking a state-certified residential	9940
real estate appraiser certificate, that the applicant has	9941
successfully completed at least one hundred five classroom hours	9942
of courses in subjects related to real estate appraisal, including	9943
at least one course devoted exclusively to federal, state, and	9944
municipal fair housing law, presented by a nationally recognized	9945
appraisal organization, an institution of higher education, a	9946
career school registered by the state board of career colleges and	9947
schools, or any other organization that represents the interests	9948
of financial institutions or real estate brokers, appraisers, or	9949
agents and that provides appraisal education, plus fifteen	9950
classroom hours related to standards of professional practice and	9951
the provisions of this chapter;	9952

(c) If the applicant is seeking a state-licensed residential	9953
real estate appraiser license, that the applicant has successfully	9954
completed at least seventy-five classroom hours of courses in	9955
subjects related to real estate appraisal, including at least one	9956
course devoted exclusively to federal, state, and municipal fair	9957
housing law, presented by a nationally recognized appraisal	9958
organization, an institution of higher education, a career school	9959
registered by the state board of career colleges and schools, a	9960
state or federal commission or agency, or any other organization	9961
that represents the interests of financial institutions or real	9962
estate brokers, appraisers, or agents and that provides appraisal	9963
education, plus fifteen classroom hours related to standards of	9964
professional practice and the provisions of this chapter;	9965

(d) If the applicant is seeking a state-registered real	9966
estate appraiser assistant registration, that the applicant has	9967
successfully completed at least seventy-five classroom hours of	9968
courses in subjects related to real estate appraisal, including at	9969
least one course devoted exclusively to federal, state, and	9970
municipal fair housing law, presented by a nationally recognized	9971
appraisal organization, an institution of higher education, a	9972
career school registered by the state board of career colleges and	9973
schools, or any other organization that represents the interests	9974
of financial institutions or real estate brokers, appraisers, or	9975
agents, and that provides appraisal education that included at	9976
least fifteen classroom hours of instruction related to standards	9977
of professional practice and the requirements of this chapter and	9978
the rules adopted under this chapter.	9979

(2) Each person who files an application for an initial	9980
certificate or license within one year of the date established by	9981
the board as the first date on which applications will be accepted	9982
under this section, which date shall be no later than September 1,	9983
1990, and who, at the time of filing that application, does not	9984
satisfy the educational requirements for the certification or	9985
licensure sought of either division (C)(1)(a) or (b) of this	9986
section is exempt from those educational requirements for the term	9987
of the initial certification or licensure. In applying for a	9988
renewal certificate or license pursuant to section 4763.06 of the	9989
Revised Code, a certificate holder or licensee who was exempted	9990
from the educational requirements of division (C)(1)(a) or (b) of	9991
this section when applying for the initial certificate or license	9992
shall present satisfactory evidence to the superintendent that the	9993
certificate holder or licensee has completed the educational	9994
requirements for the certification or licensure to be renewed of	9995
one of those divisions before the renewal certificate or license	9996
may be issuedany education requirements the board prescribes by	9997
rule.	9998

(D) An applicant for an initial general real estate appraiser	9999
or residential real estate appraiser certificate or residential	10000
real estate appraiser license shall take and successfully complete	10001
a written examination in order to qualify for the certificate or	10002
license. The examination shall require the applicant to	10003
demonstrate all of the following:	10004

(1) Appropriate knowledge of technical terms commonly used in	10005
or related to real estate appraising, appraisal report writing,	10006
and the economic concepts applicable to real estate;	10007

(2) Understanding of the principles of land economics, real	10008
estate appraisal processes, and problems likely to be encountered	10009
in gathering, interpreting, and processing of data in carrying out	10010
appraisal disciplines;	10011

(3) Understanding of the standards for the development and	10012
communication of real estate appraisals as provided in this	10013
chapter and the rules adopted thereunder;	10014

(4) Knowledge of theories of depreciation, cost estimating,	10015
methods of capitalization, direct sales comparison, and the	10016
mathematics of real estate appraisal that are appropriate for the	10017
certification or licensure for which the applicant has applied;	10018

(5) Knowledge of other principles and procedures as	10019
appropriate for the certification or license;	10020

(6) Basic understanding of real estate law;

10021

(7) Understanding of the types of misconduct for which	10022
disciplinary proceedings may be initiated against a certificate	10023
holder and licenseeThe board shall prescribe the examination	10024
requirements by rule.	10025

(E)(1) A nonresident, natural person of this state who has	10026
complied with this section may obtain a certificate, registration,	10027
or license. The board shall adopt rules relating to the	10028
certification, registration, and licensure of a nonresident	10029
applicant whose state of residence the board determines to have	10030
certification, registration, or licensure requirements that are	10031
substantially similar to those set forth in this chapter and the	10032
rules adopted thereunder.	10033

(2) The board shall recognize on a temporary basis a	10034
certification or license issued in another state and shall	10035
register on a temporary basis an appraiser who is certified or	10036
licensed in another state if all of the following apply:	10037

(a) The temporary registration is to perform an appraisal	10038
assignment that is part of a federally related transaction.	10039

(b) The appraiser's business in this state is of a temporary	10040
nature.	10041

(c) The appraiser registers with the board pursuant to this	10042
division.	10043

An appraiser who is certified or licensed in another state	10044
shall register with the board for temporary practice before	10045
performing an appraisal assignment in this state in connection	10046
with a federally related transaction.	10047

The board shall adopt rules relating to registration for the	10048
temporary recognition of certification and licensure of appraisers	10049
from another state. The registration for temporary recognition of	10050
certified or licensed appraisers from another state shall not	10051
authorize completion of more than one appraisal assignment in this	10052
state. The board shall not issue more than two registrations for	10053
temporary practice to any one applicant in any calendar year.	10054

(3) In addition to any other information required to be	10055
submitted with the nonresident applicant's or appraiser's	10056
application for a certificate, registration, license, or temporary	10057
recognition of a certificate or license, each nonresident	10058
applicant or appraiser shall submit a statement consenting to the	10059
service of process upon the nonresident applicant or appraiser by	10060
means of delivering that process to the secretary of state if, in	10061
an action against the applicant, certificate holder, registrant,	10062
or licensee arising from the applicant's, certificate holder's,	10063
registrant's, or licensee's activities as a certificate holder,	10064
registrant, or licensee, the plaintiff, in the exercise of due	10065
diligence, cannot effect personal service upon the applicant,	10066
certificate holder, registrant, or licensee.	10067

(F) The superintendent shall not issue a certificate,	10068
registration, or license to, or recognize on a temporary basis an	10069
appraiser from another state that is a corporation, partnership,	10070
or association. This prohibition shall not be construed to prevent	10071
a certificate holder or licensee from signing an appraisal report	10072
on behalf of a corporation, partnership, or association.	10073

(G) Every person licensed, registered, or certified under	10074
this chapter shall notify the superintendent, on a form provided	10075
by the superintendent, of a change in the address of the	10076
licensee's, registrant's, or certificate holder's principal place	10077
of business or residence within thirty days of the change. If a	10078
licensee's, registrant's, or certificate holder's license,	10079
registration, or certificate is revoked or not renewed, the	10080
licensee, registrant, or certificate holder immediately shall	10081
return the annual and any renewal certificate, registration, or	10082
license to the superintendent.	10083

(H)(1) The superintendent shall not issue a certificate,	10084
registration, or license to any person, or recognize on a	10085
temporary basis an appraiser from another state, who does not meet	10086
applicable minimum criteria for state certification, registration,	10087
or licensure prescribed by federal law or rule.	10088

(2) The superintendent shall not issue a general real estate	10089
appraiser certificate, residential real estate appraiser	10090
certificate, residential real estate appraiser license, or real	10091
estate appraiser assistant registration to any person who has been	10092
convicted of or pleaded guilty to any criminal offense involving	10093
theft, receiving stolen property, embezzlement, forgery, fraud,	10094
passing bad checks, money laundering, or drug trafficking, or any	10095
criminal offense involving money or securities, including a	10096
violation of an existing or former law of this state, any other	10097
state, or the United States that substantially is equivalent to	10098
such an offense. However, if the applicant has pleaded guilty to	10099
or been convicted of such an offense, the superintendent shall not	10100
consider the offense if the applicant has proven to the	10101
superintendent, by a preponderance of the evidence, that the	10102
applicant's activities and employment record since the conviction	10103
show that the applicant is honest, truthful, and of good	10104
reputation, and there is no basis in fact for believing that the	10105
applicant will commit such an offense again.	10106

Sec. 4763.06.  (A) A person licensed, registered, or	10107
certified under this chapter may obtain a renewal certificate,	10108
registration, or license by filing a renewal application with and	10109
paying the renewal fee set forth in section 4763.09 of the Revised	10110
Code and any amount assessed pursuant to division (A)(2) of	10111
section 4763.05 of the Revised Code to the superintendent of real	10112
estate. The renewal application shall include a statement, signed	10113
by the certificate holder, registrant, or licensee, that the	10114
certificate holder, registrant, or licensee has not, during the	10115
immediately preceding twelve-month period, been convicted of or	10116
pleaded guilty to any criminal offense described in division	10117
(H)(2) of section 4763.05 of the Revised Code. The certificate	10118
holder, registrant, or licensee shall file the renewal application	10119
at least thirty days, but no earlier than one hundred twenty days,	10120
prior to expiration of the certificate holder's, registrant's, or	10121
licensee's current certificate, registration, or license. A	10122
certificate holder or licensee who applies for a renewal	10123
certificate or license who, pursuant to division (C)(2) of section	10124
4763.05 of the Revised Code, was exempted from the educational	10125
requirements of division (C)(1) of that section during the term of	10126
the initial certificate or license, as a condition of renewal,	10127
also shall present satisfactory evidence of having completed the	10128
appropriate educational requirements of either division (C)(1)(a)	10129
or (b) of that section since the effective date of the initial	10130
certificate or license.	10131

(B) A certificate holder, registrant, or licensee who fails	10132
to renew a certificate, registration, or license prior to its	10133
expiration is ineligible to obtain a renewal certificate,	10134
registration, or license and shall comply with section 4763.05 of	10135
the Revised Code in order to regain certification or licensure,	10136
except that a certificate holder, registrant, or licensee may,	10137
within three months after the expiration of the certificate	10138
holder's, registrant's, or licensee's certificate, registration,	10139
or license, renew the certificate, registration, or license	10140
without having to comply with section 4763.05 of the Revised Code	10141
by payment of all fees for renewal and payment of the late filing	10142
fee set forth in section 4763.09 of the Revised Code. A	10143
certificate holder, registrant, or licensee who applies for late	10144
renewal of the certificate holder's, registrant's, or licensee's	10145
certificate, registration, or license may engage in all activities	10146
permitted by the certification, registration, or license being	10147
renewed for the three-month period following the certificate's,	10148
registration's, or license's normal expiration date.	10149

Sec. 4919.76. The public utilities commission of Ohio shall	10150
adopt rules applicable to motor carrier registration under the	10151
single state insurance registration program. The rules shall be	10152
consistent with and equivalent in scope, coverage, and content to	10153
the registration rules specified by the federal motor carrier	10154
safety administration or interstate commerce commission in	10155
accordance with the "Intermodal Surface Transportation Efficiency	10156
Act of 1991," 105 Stat. 2146, 49 U.S.C.A. 11506, whichever is	10157
applicable.	10158

Sec. 5107.12.  An assistance group seeking to participate in	10159
the Ohio works first program shall apply to a county department of	10160
job and family services using an application containing	10161
information the director of job and family services requires	10162
pursuant to rules adopted under section 5107.05 of the Revised	10163
Code and any additional information the county department	10164
requires. If cash assistance under the program is to be paid by	10165
the auditordirector of statebudget and management through the	10166
medium of direct deposit as provided by section 329.03 of the	10167
Revised Code, the application shall be accompanied by information	10168
the auditordirector needs to make direct deposits.	10169

When a county department receives an application for	10170
participation in Ohio works first, it shall promptly make an	10171
investigation and record of the circumstances of the applicant in	10172
order to ascertain the facts surrounding the application and to	10173
obtain such other information as may be required. Upon the	10174
completion of the investigation, the county department shall	10175
determine whether the applicant is eligible to participate, the	10176
amount of cash assistance the applicant should receive, and the	10177
approximate date when participation shall begin. The amount of	10178
cash assistance so determined shall be certified to the department	10179
of job and family services in such form as the department shall	10180
prescribe. Warrants, direct deposits, or debit cards shall be	10181
delivered or made payable in the manner the department may	10182
prescribe.	10183

To the extent required by rules adopted under section 5107.05	10184
of the Revised Code, a participant of Ohio works first shall	10185
notify the county department immediately upon the receipt or	10186
possession of additional income not previously reported to the	10187
county department. Any failure to so notify a county department	10188
shall be regarded as prima-facie evidence of an intent to defraud.	10189

Sec. 5111.88.  (A) As used in sections 5111.88 to 5111.8817	10190
of the Revised Code:	10191

"Administrative agency" means the department of job and	10192
family services or, if the department assigns the day-to-day	10193
administration of the ICF/MR conversion pilot program to the	10194
department of mental retardation and developmental disabilities	10195
pursuant to section 5111.887 of the Revised Code, the department	10196
of mental retardation and developmental disabilities.	10197

"ICF/MR conversion pilot program" means the medicaid waiver	10198
component authorized by a waiver sought under division (B)(1) of	10199
this section.	10200

"ICF/MR services" means intermediate care facility for the	10201
mentally retarded services covered by the medicaid program that an	10202
intermediate care facility for the mentally retarded provides to a	10203
resident of the facility who is a medicaid recipient eligible for	10204
medicaid-covered intermediate care facility for the mentally	10205
retarded services.	10206

"Intermediate care facility for the mentally retarded" has	10207
the same meaning as in section 5111.20 of the Revised Code.	10208

"Medicaid waiver component" has the same meaning as in	10209
section 5111.85 of the Revised Code.	10210

(B) By July 1, 2006, or as soon thereafter as practical, but	10211
notNot later than January 1June 30, 2007, the director of job	10212
and family services shall, after consulting with and receiving	10213
input from the ICF/MR conversion advisory council, submit both of	10214
the following to the United States secretary of health and human	10215
services:	10216

(1) An application for a waiver authorizing the ICF/MR	10217
conversion pilot program under which intermediate care facilities	10218
for the mentally retarded, other than such facilities operated by	10219
the department of mental retardation and developmental	10220
disabilities, may volunteer to convert in whole or in part from	10221
providing intermediate care facility for the mentally retarded	10222
services to providing home and community-based services and	10223
individuals with mental retardation or a developmental disability	10224
who are eligible for ICF/MR services may volunteer to receive	10225
instead home and community-based services;	10226

(2) An amendment to the state medicaid plan to authorize the	10227
director, beginning on the first day that the ICF/MR conversion	10228
pilot program begins implementation under section 5111.882 of the	10229
Revised Code and except as provided by section 5111.8811 of the	10230
Revised Code, to refuse to enter into or amend a medicaid provider	10231
agreement with the operator of an intermediate care facility for	10232
the mentally retarded if the provider agreement or amendment would	10233
authorize the operator to receive medicaid payments for more	10234
intermediate care facility for the mentally retarded beds than the	10235
operator receives on the day before that day.	10236

(C) The director shall notify the governor, speaker and	10237
minority leader of the house of representatives, and president and	10238
minority leader of the senate when the director submits the	10239
application for the ICF/MR conversion pilot program under division	10240
(B)(1) of this section and the amendment to the state medicaid	10241
plan under division (B)(2) of this section. The director is not	10242
required to submit the application and the amendment at the same	10243
time.	10244

Sec. 5115.06.  Assistance under the disability financial	10245
assistance program may be given by warrant, direct deposit, or, if	10246
provided by the director of job and family services pursuant to	10247
section 5101.33 of the Revised Code, by electronic benefit	10248
transfer. It shall be inalienable whether by way of assignment,	10249
charge, or otherwise, and is exempt from attachment, garnishment,	10250
or other like process.	10251

Any direct deposit shall be made to a financial institution	10252
and account designated by the recipient. If disability financial	10253
assistance is to be paid by the auditordirector of statebudget	10254
and management through direct deposit, the application for	10255
assistance shall be accompanied by information the auditor	10256
director needs to make direct deposits.	10257

The director of job and family services may adopt rules for	10258
designation of financial institutions and accounts.	10259

No financial institution shall impose any charge for direct	10260
deposit of disability financial assistance payments that it does	10261
not charge all customers for similar services.	10262

Sec. 5119.071. AnyAn appointing officerauthority may	10263
appoint a person holdingwho holds a certified position in the	10264
classified service ofwithin the department of mental health to	10265
anya position in the unclassified service ofwithin the	10266
department. A person so appointed pursuant to this section to a	10267
position in the unclassified service shall retain the right to	10268
resume the position and status held by himthe person in the	10269
classified service immediately prior to histhe person's	10270
appointment. If the position the person previously held has been	10271
placed in the unclassified service under this section, he shall be	10272
appointed to a position in the classified service that the	10273
director of administrative services certifies is comparable in	10274
compensation to the position the person previously held.	10275
Reinstatementto the position in the unclassified service,	10276
regardless of the number of positions the person held in the	10277
unclassified service. An employee's right to resume a position in	10278
the classified service may only be exercised when an appointing	10279
authority demotes the employee to a pay range lower than the	10280
employee's current pay range or revokes the employee's appointment	10281
to the unclassified service. An employee forfeits the right to	10282
resume a position in the classified service when the employee is	10283
removed from the position in the unclassified service due to	10284
incompetence, inefficiency, dishonesty, drunkenness, immoral	10285
conduct, insubordination, discourteous treatment of the public,	10286
neglect of duty, violation of this chapter or Chapter 124. of the	10287
Revised Code, violation of the rules of the director of	10288
administrative services or the director of mental health, any	10289
other failure of good behavior, any other acts of misfeasance,	10290
malfeasance, or nonfeasance in office, or conviction of a felony.	10291
An employee also forfeits the right to resume a position in the	10292
classified service upon transfer to a different agency.	10293

Reinstatement to a position in the classified service shall	10294
be to a position substantially equal to that position in the	10295
classified service held previously, as certified by the director	10296
of administrative services. If the position the person previously	10297
held in the classified service has been placed in the unclassified	10298
service or is otherwise unavailable, the person shall be appointed	10299
to a position in the classified service within the department that	10300
the director of administrative services certifies is comparable in	10301
compensation to the position the person previously held in the	10302
classified service. Service in the position in the unclassified	10303
service shall be counted as service in the position in the	10304
classified service held by the person immediately prior to histhe	10305
person's appointment to the position in the unclassified service.	10306
When a person is reinstated to a position in the classified	10307
service as provided in this section, hethe person is entitled to	10308
all rights, status, and emolumentsbenefits accruing to the	10309
position in the classified service during the person's time of his	10310
service in the position in the unclassified service.	10311

Sec. 5119.611. (A) A board of alcohol, drug addiction, and	10312
mental health services may not contract with a community mental	10313
health agency under division (A)(8)(a) of section 340.03 of the	10314
Revised Code to provide community mental health services included	10315
in the board's community mental health plan unless the services	10316
are certified by the director of mental health under this section.	10317

A community mental health agency that seeks the director's	10318
certification of its community mental health services shall submit	10319
an application to the director of mental health. On receipt of the	10320
application, the director may visit and shall evaluate the agency	10321
to determine whether its services satisfy the standards	10322
established by rules adopted under division (C)(D) of this	10323
section. The director shall make the evaluation, and, if the	10324
director visits the agency, shall make the visit, in cooperation	10325
with the board of alcohol, drug addiction, and mental health	10326
services with which the agency seeks to contract under division	10327
(A)(8)(a) of section 340.03 of the Revised Code.	10328

If the director determines that a community mental health	10329
agency's services satisfy the standardsSubject to divisions (B)	10330
and (C) of this section, the director shall certify thea	10331
community mental health agency's services that the director	10332
determines satisfy the standards.	10333

If the director determines that a community mental health	10334
agency's services do not satisfy the standards, the director shall	10335
identify the areas of noncompliance, specify what action is	10336
necessary to satisfy the standards, and offer technical assistance	10337
to the board of alcohol, drug addiction, and mental health	10338
services so that the board may assist the agency in satisfying the	10339
standards. The director shall give the agency a reasonable time	10340
within which to demonstrate that its services satisfy the	10341
standards or to bring the services into compliance with the	10342
standards. If the director concludes that the services continue to	10343
fail to satisfy the standards, the director may request that the	10344
board reallocate the funds for the community mental health	10345
services the agency was to provide to another community mental	10346
health agency whose community mental health services satisfy the	10347
standards. If the board does not reallocate those funds in a	10348
reasonable period of time, the director may withhold state and	10349
federal funds for the community mental health services and	10350
allocate those funds directly to a community mental health agency	10351
whose community mental health services satisfy the standards.	10352

(B) Each community mental health agency seeking certification	10353
of its community mental health services under this section shall	10354
pay a fee for the certification review required by this section.	10355
Fees shall be paid into the sale of goods and services fund	10356
created pursuant to section 5119.161 of the Revised Code.	10357

(C) The director may certify a community mental health	10358
service only if the service is for individuals whose focus of	10359
treatment is a mental disorder according to the edition of the	10360
American psychiatric association's diagnostic and statistical	10361
manual of mental disorders that is current at the time the	10362
director issues the certification, including such services for	10363
individuals who have a mental disorder and a co-occurring	10364
substance use disorder, substance induced disorder, chronic	10365
dementing organic mental disorder, mental retardation, or	10366
developmental disability. The director may not certify a service	10367
that is for individuals whose focus of treatment is solely a	10368
substance use disorder, substance-induced disorder, chronic	10369
dementing organic mental disorder, mental retardation, or	10370
developmental disability.	10371

(D) The director shall adopt rules in accordance with Chapter	10372
119. of the Revised Code to implement this section. The rules	10373
shall do all of the following:	10374

(1) Establish certification standards for community mental	10375
health services, including assertive community treatment and	10376
intensive home-based mental health services, that are consistent	10377
with nationally recognized applicable standards and facilitate	10378
participation in federal assistance programs. The rules shall	10379
include as certification standards only requirements that improve	10380
the quality of services or the health and safety of clients of	10381
community mental health services. The standards shall address at a	10382
minimum all of the following:	10383

(a) Reporting major unusual incidents to the director;

10384

(b) Procedures for applicants for and clients of community	10385
mental health services to file grievances and complaints;	10386

(c) Seclusion;

10387

(d) Restraint;

10388

(e) Development of written policies addressing the rights of	10389
clients, including all of the following:	10390

(i) The right to a copy of the written policies addressing	10391
client rights;	10392

(ii) The right at all times to be treated with consideration	10393
and respect for the client's privacy and dignity;	10394

(iii) The right to have access to the client's own	10395
psychiatric, medical, or other treatment records unless access is	10396
specifically restricted in the client's treatment plan for clear	10397
treatment reasons;	10398

(iv) The right to have a client rights officer provided by	10399
the agency or board of alcohol, drug addiction, and mental health	10400
services advise the client of the client's rights, including the	10401
client's rights under Chapter 5122. of the Revised Code if the	10402
client is committed to the agency or board.	10403

(2) Establish standards for qualifications of mental health	10404
professionals as defined in section 340.02 of the Revised Code and	10405
personnel who provide the community mental health services;	10406

(3) Establish the process for certification of community	10407
mental health services;	10408

(4) Set the amount of certification review fees based on a	10409
portion of the cost of performing the review;	10410

(5) Specify the type of notice and hearing to be provided	10411
prior to a decision on whether to reallocate funds.	10412

(D) The rules adopted under division (C)(1) of this section	10413
to establish certification standards for assertive community	10414
treatment and intensive home-based mental health services shall be	10415
adopted not later than July 1, 2004.	10416

Sec. 5120.03.  (A) TheSubject to division (C) of this	10417
section, the director of rehabilitation and correction, by	10418
executive order and with the approval of the governor, may change	10419
the purpose for which any institution or place under the control	10420
of the department of rehabilitation and correction, is being used.	10421
The director may designate a new or another use for such	10422
institution, if the change of use and new designation has for its	10423
objective, improvement in the classification, segregation, care,	10424
education, cure, or rehabilitation of persons subject to the	10425
control of the department.	10426

(B) The director of rehabilitation and correction, by	10427
executive order, issued on or before December 31, 1988, shall	10428
eliminate the distinction between penal institutions and	10429
reformatory institutions. Notwithstanding any provision of the	10430
Revised Code or the Administrative Code to the contrary, upon the	10431
issuance of the executive order, any distinction made between the	10432
types of prisoners sentenced to or otherwise assigned to the	10433
institutions under the control of the department shall be	10434
discontinued.	10435

(C) The director mayshall contract under section 9.06 of the	10436
Revised Code for the private operation and management of a	10437
facilitynot less than two facilities under the control of the	10438
department, unless the contractor managing and operating a	10439
facility is not in substantial compliance with the material terms	10440
and conditions of its contract and no other person or entity is	10441
willing and able to satisfy the obligations of the contract. All	10442
inmates assigned to a facility operated and managed by a private	10443
contractor remain inmates in the care and custody of the	10444
department. The statutes, rules, and policies of the department	10445
may apply to the private contractor and any inmate assigned to a	10446
facility operated and managed by a private contractor as agreed to	10447
in the contract entered into under section 9.06 of the Revised	10448
Code.	10449

Sec. 5123.08. AnyAn appointing officer may appoint a person	10450
holdingwho holds a certified position in the classified service	10451
ofwithin the department of mental retardation and developmental	10452
disabilities to anya position in the unclassified service of	10453
within the department. A person so appointed pursuant to this	10454
section to a position in the unclassified service shall retain the	10455
right to resume the position and status held by himthe person in	10456
the classified service immediately prior to histhe person's	10457
appointment. If the position the person previously held has been	10458
placed in the unclassified service under this section, he shall be	10459
appointed to a position in the classified service that the	10460
director of administrative services certifies is comparable in	10461
compensation to the position the person previously held.	10462
Reinstatementto the position in the unclassified service,	10463
regardless of the number of positions the person held in the	10464
unclassified service. An employee's right to resume a position in	10465
the classified service may only be exercised when an appointing	10466
authority demotes the employee to a pay range lower than the	10467
employee's current pay range or revokes the employee's appointment	10468
to the unclassified service. An employee forfeits the right to	10469
resume a position in the classified service when the employee is	10470
removed from the position in the unclassified service due to	10471
incompetence, inefficiency, dishonesty, drunkenness, immoral	10472
conduct, insubordination, discourteous treatment of the public,	10473
neglect of duty, violation of this chapter or Chapter 124. of the	10474
Revised Code, the rules of the director of mental retardation and	10475
developmental disabilities or the director of administrative	10476
services, any other failure of good behavior, any other acts of	10477
misfeasance, malfeasance, or nonfeasance in office, or conviction	10478
of a felony. An employee also forfeits the right to resume a	10479
position in the classified service upon transfer to a different	10480
agency.	10481

Reinstatement to a position in the classified service shall	10482
be to a position substantially equal to that position in the	10483
classified service held previously, as certified by the director	10484
of administrative services. If the position the person previously	10485
held in the classified service has been placed in the unclassified	10486
service or is otherwise unavailable, the person shall be appointed	10487
to a position in the classified service within the department that	10488
the director of administrative services certifies is comparable in	10489
compensation to the position the person previously held in the	10490
classified service. Service in the position in the unclassified	10491
service shall be counted as service in the position in the	10492
classified service held by the person immediately prior to histhe	10493
person's appointment to the position in the unclassified service.	10494
When a person is reinstated to a position in the classified	10495
service as provided in this section, hethe person is entitled to	10496
all rights, status, and emolumentsbenefits accruing to the	10497
position in the classified service during the time of histhe	10498
person's service in the position in the unclassified service.	10499

Sec. 5139.02.  (A)(1) As used in this section, "managing	10500
officer" means the assistant director, a deputy director, an	10501
assistant deputy director, a superintendent, a regional	10502
administrator, a deputy superintendent, or the superintendent of	10503
schools of the department of youth services, a member of the	10504
release authority, the chief of staff to the release authority,	10505
and the victims administrator of the office of victim services.	10506

(2) Each division established by the director of youth	10507
services shall consist of managing officers and other employees,	10508
including those employed in institutions and regions as necessary	10509
to perform the functions assigned to them. The director,	10510
assistant director, or appropriate deputy director or managing	10511
officer of the department shall supervise the work of each	10512
division and determine general policies governing the exercise of	10513
powers vested in the department and assigned to each division. The	10514
appropriate managing officer or deputy director is responsible to	10515
the director or assistant director for the organization,	10516
direction, and supervision of the work of the division or unit and	10517
for the exercise of the powers and the performance of the duties	10518
of the department assigned to it and, with the director's	10519
approval, may establish bureaus or other administrative units	10520
within the department.	10521

(B) The director shall appoint all managing officers, who	10522
shall be in the unclassified civil service. If theThe director	10523
appoints amay appoint a person who holds a certified position in	10524
the classified service within the department to a position as a	10525
managing officer within the department. A person appointed	10526
pursuant to this division to a position as a managing officer from	10527
within the classified service of the department, the person so	10528
appointed retainsshall retain the right to resume the position	10529
and status held by the person in the classified service	10530
immediately prior to the person's appointment as managing officer.	10531
If such a person is removed from the position as managing officer,	10532
the person shall be reinstated, regardless of the number of	10533
positions the person held in the unclassified service. A managing	10534
officer's right to resume a position in the classified service may	10535
only be exercised when the director demotes the managing officer	10536
to a pay range lower than the managing officer's current pay range	10537
or revokes the managing officer's appointment to the position of	10538
managing officer. A managing officer forfeits the right to resume	10539
a position in the classified service when the managing officer is	10540
removed from the position of managing officer due to incompetence,	10541
inefficiency, dishonesty, drunkenness, immoral conduct,	10542
insubordination, discourteous treatment of the public, neglect of	10543
duty, violation of this chapter or Chapter 124. of the Revised	10544
Code, the rules of the director of youth services or the director	10545
of administrative services, any other failure of good behavior,	10546
any other acts of misfeasance, malfeasance, or nonfeasance in	10547
office, or conviction of a felony. A managing officer also	10548
forfeits the right to resume a position in the classified service	10549
upon transfer to a different agency.	10550

Reinstatement to a position in the classified service shall	10551
be to the position held in the classified service immediately	10552
prior to appointment as managing officer, or to another position	10553
certified by the director, with the approval of the department of	10554
administrative services, as being substantially equal to that	10555
position. Any person holding the position of managing officer on	10556
the effective date of this section is entitled to resume the	10557
position and status held in the classified service of the	10558
department of youth services immediately prior to appointment as a	10559
managing officerIf the position the person previously held in the	10560
classified service immediately prior to appointment as a managing	10561
officer has been placed in the unclassified service or is	10562
otherwise unavailable, the person shall be appointed to a position	10563
in the classified service within the department that the director	10564
of administrative services certifies is comparable in compensation	10565
to the position the person previously held in the classified	10566
service. Service as a managing officer shall be counted as service	10567
in the position in the classified service held by the reinstated	10568
person held immediately prior to the person's appointment as a	10569
managing officer. If a person is reinstated to a position in the	10570
classified service under this division, the person shall be	10571
returned to the pay range and step to which the person had been	10572
assigned at the time of the appointment as managing officer.	10573
Longevity, where applicable, shall be calculated pursuant to the	10574
provisions of section 124.181 of the Revised Code.	10575

(C) Each person appointed as a managing officer shall have	10576
received special training and shall have experience in the type of	10577
work that the person's division is required to perform. Each	10578
managing officer, under the supervision of the director, has	10579
entire charge of the division, institution, unit, or region for	10580
which the managing officer is appointed and, with the director's	10581
approval, shall appoint necessary employees and may remove them	10582
for cause.	10583

Sec. 5502.62.  (A) There is hereby created in the department	10584
of public safety a division of criminal justice services. The	10585
director of public safety, with the concurrence of the governor,	10586
shall appoint an executive director of the division of criminal	10587
justice services. The executive director shall be the head of the	10588
division. The executive director shall serve at the pleasure of	10589
the director of public safety. To carry out the duties assigned	10590
under this section and to comply with sections 5502.63 to 5502.66	10591
of the Revised Code, the executive director, subject to the	10592
direction and control of the director of public safety, may	10593
appoint and maintain any necessary staff and may enter into any	10594
necessary contracts and other agreements. The executive director	10595
of the division, and all professional and technical personnel	10596
employed within the division who are not public employees as	10597
defined in section 4117.01 of the Revised Code, shall be in the	10598
unclassified civil service, and all other persons employed within	10599
the division shall be in the classified civil service.	10600

(B) Subject to division (F) of this section and subject to	10601
divisions (D) to (F) of section 5120.09 of the Revised Code	10602
insofar as those divisions relate to federal criminal justice acts	10603
that the governor requires the department of rehabilitation and	10604
correction to administer, the division of criminal justice	10605
services shall do all of the following:	10606

(1) Serve as the state criminal justice services agency and	10607
perform criminal justice system planning in the state, including	10608
any planning that is required by any federal law;	10609

(2) Collect, analyze, and correlate information and data	10610
concerning the criminal justice system in the state;	10611

(3) Cooperate with and provide technical assistance to state	10612
departments, administrative planning districts, metropolitan	10613
county criminal justice services agencies, criminal justice	10614
coordinating councils, agencies, offices, and departments of the	10615
criminal justice system in the state, and other appropriate	10616
organizations and persons;	10617

(4) Encourage and assist agencies, offices, and departments	10618
of the criminal justice system in the state and other appropriate	10619
organizations and persons to solve problems that relate to the	10620
duties of the division;	10621

(5) Administer within the state any federal criminal justice	10622
acts that the governor requires it to administer;	10623

(6) Administer funds received under the "Family Violence	10624
Prevention and Services Act," 98 Stat. 1757 (1984), 42 U.S.C.A.	10625
10401, as amended, with all powers necessary for the adequate	10626
administration of those funds, including the authority to	10627
establish a family violence prevention and services program.;	10628

(7) Implement the state comprehensive plans;

10629

(8) Audit grant activities of agencies, offices,	10630
organizations, and persons that are financed in whole or in part	10631
by funds granted through the division;	10632

(9) Monitor or evaluate the performance of criminal justice	10633
system projects and programs in the state that are financed in	10634
whole or in part by funds granted through the division;	10635

(10) Apply for, allocate, disburse, and account for grants	10636
that are made available pursuant to federal criminal justice acts,	10637
or made available from other federal, state, or private sources,	10638
to improve the criminal justice system in the state. Except as	10639
otherwise provided in this division, all money from such federal	10640
grants shall, if the terms under which the money is received	10641
require that the money be deposited into an interest-bearing fund	10642
or account, be deposited in the state treasury to the credit of	10643
the federal program purposes fund, which is hereby created. All	10644
investment earnings of the federal program purposes fund shall be	10645
credited to the fund. All money from such federal grants that	10646
require that the money be deposited into an interest-bearing fund	10647
or account, that are intended to provide funding to local criminal	10648
justice programs, and that require that investment earnings be	10649
distributed for program purposes shall be deposited in the state	10650
treasury to the credit of the federal justice programs fundfunds,	10651
which isare hereby created. A separate fund shall be established	10652
each federal fiscal year. All investment earnings of thea federal	10653
justice programs fund shall be credited to thethat fund and	10654
distributed in accordance with the terms of the grant under which	10655
the money is received.	10656

(11) Contract with federal, state, and local agencies,	10657
foundations, corporations, businesses, and persons when necessary	10658
to carry out the duties of the division;	10659

(12) Oversee the activities of metropolitan county criminal	10660
justice services agencies, administrative planning districts, and	10661
criminal justice coordinating councils in the state;	10662

(13) Advise the director of public safety, general assembly,	10663
and governor on legislation and other significant matters that	10664
pertain to the improvement and reform of criminal and juvenile	10665
justice systems in the state;	10666

(14) Prepare and recommend legislation to the director of	10667
public safety, general assembly, and governor for the improvement	10668
of the criminal and juvenile justice systems in the state;	10669

(15) Assist, advise, and make any reports that are requested	10670
or required by the governor, director of public safety, attorney	10671
general, or general assembly;	10672

(16) Develop and maintain the Ohio incident-based reporting	10673
system in accordance with division (C) of this section;	10674

(17) Subject to the approval of the director of public	10675
safety, adopt rules pursuant to Chapter 119. of the Revised Code.	10676

(C) The officedivision of criminal justice services shall	10677
develop and maintain the Ohio incident-based reporting system to	10678
facilitate the sharing of information with the federal bureau of	10679
investigation and participating law enforcement agencies in Ohio.	10680
The Ohio incident-based reporting system shall be known as OIBRS.	10681
In connection with OIBRS, the officedivision shall do all of the	10682
following:	10683

(1) Collect and organize statistical data for reporting to	10684
the national incident-based reporting system operated by the	10685
federal bureau of investigation for the purpose of securing	10686
federal criminal justice grants;	10687

(2) Analyze and highlight mapping data for participating law	10688
enforcement agencies;	10689

(3) Distribute data and analyses to participating law	10690
enforcement agencies;	10691

(4) Encourage nonparticipating law enforcement agencies to	10692
participate in OIBRS by offering demonstrations, training, and	10693
technical assistance;	10694

(5) Provide assistance, advice, and reports requested by the	10695
governor, the general assembly, or the federal bureau of	10696
investigation;	10697

(6) Require every law enforcement agency that receives	10698
federal criminal justice grants or state criminal justice	10699
information system general revenue funds through the office to	10700
participate in OIBRS or in the uniform crime reporting program of	10701
the federal bureau of investigation. An agency that submits OIBRS	10702
data to the Ohio local law enforcement information sharing network	10703
shall be considered to be in compliance with division (C)(6) of	10704
this section if both of the following apply:	10705

(a) The Ohio local law enforcement information sharing	10706
network is capable of collecting OIBRS data.	10707

(b) The officedivision of criminal justice services has the	10708
ability to extract the OIBRS data for reporting to the national	10709
incident-based reporting system in the manner required by the	10710
federal bureau of investigation.	10711

(D) Upon the request of the director of public safety or	10712
governor, the division of criminal justice services may do any of	10713
the following:	10714

(1) Collect, analyze, or correlate information and data	10715
concerning the juvenile justice system in the state;	10716

(2) Cooperate with and provide technical assistance to state	10717
departments, administrative planning districts, metropolitan	10718
county criminal justice service agencies, criminal justice	10719
coordinating councils, agency offices, and the departments of the	10720
juvenile justice system in the state and other appropriate	10721
organizations and persons;	10722

(3) Encourage and assist agencies, offices, and departments	10723
of the juvenile justice system in the state and other appropriate	10724
organizations and persons to solve problems that relate to the	10725
duties of the division.	10726

(E) Divisions (B), (C), and (D) of this section do not limit	10727
the discretion or authority of the attorney general with respect	10728
to crime victim assistance and criminal justice programs.	10729

(F) Nothing in this section is intended to diminish or alter	10730
the status of the office of the attorney general as a criminal	10731
justice services agency or to diminish or alter the status or	10732
discourage the development and use of other law enforcement	10733
information systems in Ohio.	10734

Sec. 5537.01.  As used in this chapter:

10735

(A) "Commission" means the Ohio turnpike commission created	10736
by section 5537.02 of the Revised Code or, if that commission is	10737
abolished, the board, body, officer, or commission succeeding to	10738
the principal functions thereof or to which the powers given by	10739
this chapter to the commission are given by law.	10740

(B) "Project" or "turnpike project" means any express or	10741
limited access highway, super highway, or motorway constructed,	10742
operated, or improved, under the jurisdiction of the commission	10743
and pursuant to this chapter, at a location or locations reviewed	10744
by the turnpike oversightlegislative review committee and	10745
approved by the governor, including all bridges, tunnels,	10746
overpasses, underpasses, interchanges, entrance plazas,	10747
approaches, those portions of connecting public roads that serve	10748
interchanges and are determined by the commission and the director	10749
of transportation to be necessary for the safe merging of traffic	10750
between the turnpike project and those public roads, toll booths,	10751
service facilities, and administration, storage, and other	10752
buildings, property, and facilities that the commission considers	10753
necessary for the operation or policing of the project, together	10754
with all property and rights which may be acquired by the	10755
commission for the construction, maintenance, or operation of the	10756
project, and includes any sections or extensions of a turnpike	10757
project designated by the commission as such for the particular	10758
purpose. Each turnpike project shall be separately designated, by	10759
name or number, and may be constructed, improved, or extended in	10760
such sections as the commission may from time to time determine.	10761
Construction includes the improvement and renovation of a	10762
previously constructed project, including additional interchanges,	10763
whether or not the project was initially constructed by the	10764
commission.	10765

(C) "Cost," as applied to construction of a turnpike project,	10766
includes the cost of construction, including bridges over or under	10767
existing highways and railroads, acquisition of all property	10768
acquired by the commission for the construction, demolishing or	10769
removing any buildings or structures on land so acquired,	10770
including the cost of acquiring any lands to which the buildings	10771
or structures may be moved, site clearance, improvement, and	10772
preparation, diverting public roads, interchanges with public	10773
roads, access roads to private property, including the cost of	10774
land or easements therefor, all machinery, furnishings, and	10775
equipment, communications facilities, financing expenses, interest	10776
prior to and during construction and for one year after completion	10777
of construction, traffic estimates, indemnity and surety bonds and	10778
premiums on insurance, title work and title commitments,	10779
insurance, and guarantees, engineering, feasibility studies, and	10780
legal expenses, plans, specifications, surveys, estimates of cost	10781
and revenues, other expenses necessary or incident to determining	10782
the feasibility or practicability of constructing or operating a	10783
project, administrative expenses, and any other expense that may	10784
be necessary or incident to the construction of the project, the	10785
financing of the construction, and the placing of the project in	10786
operation. Any obligation or expense incurred by the department of	10787
transportation with the approval of the commission for surveys,	10788
borings, preparation of plans and specifications, and other	10789
engineering services in connection with the construction of a	10790
project, or by the federal government with the approval of the	10791
commission for any public road projects which must be reimbursed	10792
as a condition to the exercise of any of the powers of the	10793
commission under this chapter, shall be regarded as a part of the	10794
cost of the project and shall be reimbursed to the state or the	10795
federal government, as the case may be, from revenues, state	10796
taxes, or the proceeds of bonds as authorized by this chapter.	10797

(D) "Owner" includes all persons having any title or interest	10798
in any property authorized to be acquired by the commission under	10799
this chapter.	10800

(E) "Revenues" means all tolls, service revenues, investment	10801
income on special funds, rentals, gifts, grants, and all other	10802
moneys coming into the possession of or under the control of the	10803
commission by virtue of this chapter, except the proceeds from the	10804
sale of bonds. "Revenues" does not include state taxes.	10805

(F) "Public roads" means all public highways, roads, and	10806
streets in the state, whether maintained by a state agency or any	10807
other governmental agency.	10808

(G) "Public utility facilities" means tracks, pipes, mains,	10809
conduits, cables, wires, towers, poles, and other equipment and	10810
appliances of any public utility.	10811

(H) "Financing expenses" means all costs and expenses	10812
relating to the authorization, issuance, sale, delivery,	10813
authentication, deposit, custody, clearing, registration,	10814
transfer, exchange, fractionalization, replacement, payment, and	10815
servicing of bonds including, without limitation, costs and	10816
expenses for or relating to publication and printing, postage,	10817
delivery, preliminary and final official statements, offering	10818
circulars, and informational statements, travel and	10819
transportation, underwriters, placement agents, investment	10820
bankers, paying agents, registrars, authenticating agents,	10821
remarketing agents, custodians, clearing agencies or corporations,	10822
securities depositories, financial advisory services,	10823
certifications, audits, federal or state regulatory agencies,	10824
accounting and computation services, legal services and obtaining	10825
approving legal opinions and other legal opinions, credit ratings,	10826
redemption premiums, and credit enhancement facilities.	10827

(I) "Bond proceedings" means the resolutions, trust	10828
agreements, certifications, notices, sale proceedings, leases,	10829
lease-purchase agreements, assignments, credit enhancement	10830
facility agreements, and other agreements, instruments, and	10831
documents, as amended and supplemented, or any one or more or any	10832
combination thereof, authorizing, or authorizing or providing for	10833
the terms and conditions applicable to, or providing for the	10834
security or sale or award or liquidity of, bonds, and includes the	10835
provisions set forth or incorporated in those bonds and bond	10836
proceedings.	10837

(J) "Bond service charges" means principal, including any	10838
mandatory sinking fund or mandatory redemption requirements for	10839
the retirement of bonds, and interest and any redemption premium	10840
payable on bonds, as those payments come due and are payable to	10841
the bondholder or to a person making payment under a credit	10842
enhancement facility of those bond service charges to a	10843
bondholder.	10844

(K) "Bond service fund" means the applicable fund created by	10845
the bond proceedings for and pledged to the payment of bond	10846
service charges on bonds provided for by those proceedings,	10847
including all moneys and investments, and earnings from	10848
investments, credited and to be credited to that fund as provided	10849
in the bond proceedings.	10850

(L) "Bonds" means bonds, notes, including notes anticipating	10851
bonds or other notes, commercial paper, certificates of	10852
participation, or other evidences of obligation, including any	10853
interest coupons pertaining thereto, issued by the commission	10854
pursuant to this chapter.	10855

(M) "Net revenues" means revenues lawfully available to pay	10856
both current operating expenses of the commission and bond service	10857
charges in any fiscal year or other specified period, less current	10858
operating expenses of the commission and any amount necessary to	10859
maintain a working capital reserve for that period.	10860

(N) "Pledged revenues" means net revenues, moneys and	10861
investments, and earnings on those investments, in the applicable	10862
bond service fund and any other special funds, and the proceeds of	10863
any bonds issued for the purpose of refunding prior bonds, all as	10864
lawfully available and by resolution of the commission committed	10865
for application as pledged revenues to the payment of bond service	10866
charges on particular issues of bonds.	10867

(O) "Service facilities" means service stations, restaurants,	10868
and other facilities for food service, roadside parks and rest	10869
areas, parking, camping, tenting, rest, and sleeping facilities,	10870
hotels or motels, and all similar and other facilities providing	10871
services to the traveling public in connection with the use of a	10872
turnpike project and owned, leased, licensed, or operated by the	10873
commission.	10874

(P) "Service revenues" means those revenues of the commission	10875
derived from its ownership, leasing, licensing, or operation of	10876
service facilities.	10877

(Q) "Special funds" means the applicable bond service fund	10878
and any accounts and subaccounts in that fund, any other funds or	10879
accounts permitted by and established under, and identified as a	10880
"special fund" or "special account" in, the bond proceedings,	10881
including any special fund or account established for purposes of	10882
rebate or other requirements under federal income tax laws.	10883

(R) "State agencies" means the state, officers of the state,	10884
and boards, departments, branches, divisions, or other units or	10885
agencies of the state.	10886

(S) "State taxes" means receipts of the commission from the	10887
proceeds of state taxes or excises levied and collected, or	10888
appropriated by the general assembly to the commission, for the	10889
purposes and functions of the commission. State taxes do not	10890
include tolls, or investment earnings on state taxes except on	10891
those state taxes referred to in Section 5a of Article XII, Ohio	10892
Constitution.	10893

(T) "Tolls" means tolls, special fees or permit fees, or	10894
other charges by the commission to the owners, lessors, lessees,	10895
or operators of motor vehicles for the operation of or the right	10896
to operate those vehicles on a turnpike project.	10897

(U) "Credit enhancement facilities" means letters of credit,	10898
lines of credit, standby, contingent, or firm securities purchase	10899
agreements, insurance, or surety arrangements, guarantees, and	10900
other arrangements that provide for direct or contingent payment	10901
of bond service charges, for security or additional security in	10902
the event of nonpayment or default in respect of bonds, or for	10903
making payment of bond service charges and at the option and on	10904
demand of bondholders or at the option of the commission or upon	10905
certain conditions occurring under put or similar arrangements, or	10906
for otherwise supporting the credit or liquidity of the bonds, and	10907
includes credit, reimbursement, marketing, remarketing, indexing,	10908
carrying, interest rate hedge, and subrogation agreements, and	10909
other agreements and arrangements for payment and reimbursement of	10910
the person providing the credit enhancement facility and the	10911
security for that payment and reimbursement.	10912

(V) "Person" has the same meaning as in section 1.59 of the	10913
Revised Code and, unless the context otherwise provides, also	10914
includes any governmental agency and any combination of those	10915
persons.	10916

(W) "Refund" means to fund and retire outstanding bonds,	10917
including advance refunding with or without payment or redemption	10918
prior to stated maturity.	10919

(X) "Governmental agency" means any state agency, federal	10920
agency, political subdivision, or other local, interstate, or	10921
regional governmental agency, and any combination of those	10922
agencies.	10923

(Y) "Property" has the same meaning as in section 1.59 of the	10924
Revised Code, and includes interests in property.	10925

(Z) "Administrative agent," "agent," "commercial paper,"	10926
"floating rate interest structure," "indexing agent," "interest	10927
rate hedge," "interest rate period," "put arrangement," and	10928
"remarketing agent" have the same meanings as in section 9.98 of	10929
the Revised Code.	10930

(AA) "Outstanding," as applied to bonds, means outstanding in	10931
accordance with the terms of the bonds and the applicable bond	10932
proceedings.	10933

(BB) "Ohio turnpike system" or "system" means all existing	10934
and future turnpike projects constructed, operated, and maintained	10935
under the jurisdiction of the commission.	10936

Sec. 5537.02.  (A) There is hereby created a commission to be	10937
known as the "Ohio turnpike commission." The commission is a body	10938
both corporate and politic, constituting an instrumentality of the	10939
state, and the exercise by it of the powers conferred by this	10940
chapter in the construction, operation, and maintenance of the	10941
Ohio turnpike system are and shall be held to be essential	10942
governmental functions of the state, but the commission shall not	10943
be immune from liability by reason thereof. The commission is	10944
subject to all provisions of law generally applicable to state	10945
agencies which do not conflict with this chapter.	10946

(B)(1) The commission shall consist of sevennine members as	10947
follows:	10948

(a) Four members appointed by the governor with the advice	10949
and consent of the senate, no more than two of whom shall be	10950
members of the same political party;	10951

(b) The director of transportation who, the director of	10952
budget and management, and the director of development, each of	10953
whom shall be a member ex officio without compensation;	10954

(c) One member of the senate, appointed by the president of	10955
the senate, who shall represent either a district in which is	10956
located or through which passes a portion of a turnpike project	10957
that is part of the Ohio turnpike system or a district located in	10958
the vicinity of a turnpike project that is part of the Ohio	10959
turnpike system;	10960

(d) One member of the house of representatives, appointed by	10961
the speaker of the house of representatives, who shall represent	10962
either a district in which is located or through which passes a	10963
portion of a turnpike project that is part of the Ohio turnpike	10964
system or a district located in the vicinity of a turnpike project	10965
that is part of the Ohio turnpike system.	10966

(2) The members appointed by the governor shall be residents	10967
of the state, shall have been qualified electors therein for a	10968
period of at least five years next preceding their appointment,	10969
and shall serve terms of eight years commencing on the first day	10970
of July and ending on the thirtieth day of June. Those members	10971
appointed by the president of the senate or the speaker of the	10972
house of representatives shall serve a term of the remainder of	10973
the general assembly during which the senator or representative is	10974
appointed. Each appointed member shall hold office from the date	10975
of appointment until the end of the term for which the member was	10976
appointed. If a commission member dies or resigns, or if a	10977
senator,or representative, or the director of transportation who	10978
is a member of the commission ceases to be a senator,or	10979
representative, or the director of transportationif an ex officio	10980
member ceases to hold the applicable office, the vacancy shall be	10981
filled in the same manner as provided in division (B)(1) of this	10982
section. Any member who fills a vacancy occurring prior to the end	10983
of the term for which the member's predecessor was appointed	10984
shall, if appointed by the governor, hold office for the remainder	10985
of such term or, if appointed by the president of the senate or	10986
the speaker of the house of representatives, shall hold office for	10987
the remainder of the term or for a shorter period of time as	10988
determined by the president or the speaker. Any member appointed	10989
by the governor shall continue in office subsequent to the	10990
expiration date of the member's term until the member's successor	10991
takes office, or until a period of sixty days has elapsed,	10992
whichever occurs first. A member of the commission is eligible for	10993
reappointment. Each member of the commission appointed by the	10994
governor, before entering upon histhe member's duties, shall take	10995
an oath as provided by Section 7 of Article XV, Ohio Constitution.	10996
The governor, the president of the senate, or the speaker of the	10997
house of representatives, may at any time remove their respective	10998
appointees to the commission for misfeasance, nonfeasance, or	10999
malfeasance in office.	11000

(3)(a) A member of the commission who is appointed by the	11001
president of the senate or the speaker of the house of	11002
representatives shall not participate in any vote of the	11003
commission. Serving as an appointed member of the commission under	11004
divisions (B)(1)(c), (1)(d), or (2) of this section does not	11005
constitute grounds for resignation from the senate or the house of	11006
representatives under section 101.26 of the Revised Code.	11007

(b) The director of budget and management and the director of	11008
development shall not participate in any vote of the commission.	11009

(C) The voting members of the commission shall elect one of	11010
the appointed voting members as chairperson and another as	11011
vice-chairperson, and shall appoint a secretary-treasurer who need	11012
not be a member of the commission. Three of the voting members of	11013
the commission constitute a quorum, and the affirmative vote of	11014
three voting members is necessary for any action taken by the	11015
commission. No vacancy in the membership of the commission impairs	11016
the rights of a quorum to exercise all the rights and perform all	11017
the duties of the commission.	11018

(D) Each member of the commission appointed by the governor	11019
shall give a surety bond to the commission in the penal sum of	11020
twenty-five thousand dollars and the secretary-treasurer shall	11021
give such a bond in at least the penal sum of fifty thousand	11022
dollars. The commission may require any of its officers or	11023
employees to file surety bonds including a blanket bond as	11024
provided in section 3.06 of the Revised Code. Each such bond shall	11025
be in favor of the commission and shall be conditioned upon the	11026
faithful performance of the duties of the office, executed by a	11027
surety company authorized to transact business in this state,	11028
approved by the governor, and filed in the office of the secretary	11029
of state. The costs of the surety bonds shall be paid or	11030
reimbursed by the commission from revenues. Each member of the	11031
commission appointed by the governor shall receive an annual	11032
salary of five thousand dollars, payable in monthly installments.	11033
Each member shall be reimbursed for the member's actual expenses	11034
necessarily incurred in the performance of the member's duties.	11035
All costs and expenses incurred by the commission in carrying out	11036
this chapter shall be payable solely from revenues and state	11037
taxes, and no liability or obligation shall be incurred by the	11038
commission beyond the extent to which revenues have been provided	11039
for pursuant to this chapter.	11040

Sec. 5537.03.  In order to remove present and anticipated	11041
handicaps and potential hazards on the congested highways in this	11042
state, to facilitate vehicular traffic throughout the state, to	11043
promote the agricultural, commercial, recreational, tourism, and	11044
industrial development of the state, and to provide for the	11045
general welfare by the construction, improvement, and maintenance	11046
of modern express highways embodying safety devices, including	11047
without limitation center divisions, ample shoulder widths,	11048
longsight distances, multiple lanes in each direction, and grade	11049
separations at intersections with other public roads and	11050
railroads, the Ohio turnpike commission, subject to section	11051
5537.26 of the Revised Code, may construct, maintain, repair, and	11052
operate a system of turnpike projects at locations that are	11053
reviewed by the turnpike oversightlegislative review committee	11054
and approved by the governor, and in accordance with alignment and	11055
design standards that are approved by the director of	11056
transportation, and issue revenue bonds of this state, payable	11057
solely from pledged revenues, to pay the cost of those projects.	11058
The turnpikes and turnpike projects authorized by this chapter are	11059
hereby or shall be made part of the Ohio turnpike system.	11060

Sec. 5537.10.  This chapter provides an additional and	11061
alternative method for doing the things and taking the actions	11062
authorized by this chapter. This chapter shall be regarded as	11063
supplemental and additional to powers conferred by other laws, and	11064
shall not be regarded as in derogation of any powers existing on	11065
or after September 1, 1949. TheExcept for section 126.11 of the	11066
Revised Code, the issuance of bonds under this chapter need not	11067
comply with any other law applicable to the issuance of bonds.	11068

Sec. 5537.17.  (A) Each turnpike project open to traffic	11069
shall be maintained and kept in good condition and repair by the	11070
Ohio turnpike commission. The Ohio turnpike system shall be	11071
policed and operated by a force of police, toll collectors, and	11072
other employees and agents that the commission employs or	11073
contracts for.	11074

(B) All public or private property damaged or destroyed in	11075
carrying out the powers granted by this chapter shall be restored	11076
or repaired and placed in its original condition, as nearly as	11077
practicable, or adequate compensation or consideration made	11078
therefor out of moneys provided under this chapter.	11079

(C) All governmental agencies may lease, lend, grant, or	11080
convey to the commission at its request, upon terms that the	11081
proper authorities of the governmental agencies consider	11082
reasonable and fair and without the necessity for an	11083
advertisement, order of court, or other action or formality, other	11084
than the regular and formal action of the authorities concerned,	11085
any property that is necessary or convenient to the effectuation	11086
of the purposes of the commission, including public roads and	11087
other property already devoted to public use.	11088

(D) Each bridge constituting part of a turnpike project shall	11089
be inspected at least once each year by a professional engineer	11090
employed or retained by the commission.	11091

(E) On or before the first day of July in each year, the	11092
commission shall make an annual report of its activities for the	11093
preceding calendar year to the governor and the general assembly.	11094
Each such report shall set forth a complete operating and	11095
financial statement covering the commission's operations during	11096
the year. The commission shall cause an audit of its books and	11097
accounts to be made at least once each year by certified public	11098
accountants, and the cost thereof may be treated as a part of the	11099
cost of operations of the commission. The auditor of state, at	11100
least once a year and without previous notice to the commission,	11101
shall audit the accounts and transactions of the commission.	11102

(F) The commission shall submit a copy of its annual audit by	11103
the auditor of state and its proposed annual budget for each	11104
calendar or fiscal year to the governor, the presiding officers of	11105
each house of the general assembly, the director of budget and	11106
management, and the legislative service commission no later than	11107
the first day of that calendar or fiscal year.	11108

(G) Upon request of the chairperson of the appropriate	11109
standing committee or subcommittee of the senate and house of	11110
representatives that is primarily responsible for considering	11111
transportation budget matters, the commission shall appear at	11112
least one time before each committee or subcommittee during the	11113
period when that committee or subcommittee is considering the	11114
biennial appropriations for the department of transportation and	11115
shall provide testimony outlining its budgetary results for the	11116
last two calendar years, including a comparison of budget and	11117
actual revenue and expenditure amounts. The commission also shall	11118
address its current budget and long-term capital plan.	11119

(H) Not more than sixty nor less than thirty days before	11120
adopting its annual budget, the commission shall submit a copy of	11121
its proposed annual budget to the governor, the presiding officers	11122
of each house of the general assembly, the director of budget and	11123
management, and the legislative service commission. The office of	11124
budget and management shall review the proposed budget and may	11125
provide recommendations to the commission for its consideration.	11126

Sec. 5537.24.  (A) There is hereby created a turnpike	11127
oversightlegislative review committee consisting of six members	11128
as follows:	11129

(1) Three members of the senate, no more than two of whom	11130
shall be members of the same political party, one of whom shall be	11131
the chairperson of the committee dealing primarily with highway	11132
matters, one of whom shall be appointed by the president of the	11133
senate, and one of whom shall be appointed by the minority leader	11134
of the senate.	11135

Both the senate member who is appointed by the president of	11136
the senate and the senate member appointed by the minority leader	11137
of the senate shall represent either districts in which is located	11138
or through which passes a portion of a turnpike project that is	11139
part of the Ohio turnpike system or districts located in the	11140
vicinity of a turnpike project that is part of the Ohio turnpike	11141
system.	11142

The president of the senate shall make the president of the	11143
senate's appointment to the committee first, followed by the	11144
minority leader of the senate, and they shall make their	11145
appointments in such a manner that their two appointees represent	11146
districts that are located in different areas of the state. If the	11147
chairperson of the senate committee dealing primarily with highway	11148
matters represents a district in which is located or through which	11149
passes a portion of a turnpike project that is part of the Ohio	11150
turnpike system or a district located in the vicinity of a	11151
turnpike project that is part of the Ohio turnpike system, the	11152
president of the senate and the minority leader of the senate	11153
shall make their appointments in such a manner that their two	11154
appointees and the chairperson of the senate committee dealing	11155
primarily with highway matters all represent districts that are	11156
located in different areas of the state.	11157

(2) Three members of the house of representatives, no more	11158
than two of whom shall be members of the same political party, one	11159
of whom shall be the chairperson of the house of representatives	11160
committee dealing primarily with highway matters, one of whom	11161
shall be appointed by the speaker of the house of representatives,	11162
and one of whom shall be appointed by the minority leader of the	11163
house of representatives.	11164

Both the house of representatives member who is appointed by	11165
the speaker of the house of representatives and the house of	11166
representatives member appointed by the minority leader of the	11167
house of representatives shall represent either districts in which	11168
is located or through which passes a portion of a turnpike project	11169
that is part of the Ohio turnpike system or districts located in	11170
the vicinity of a turnpike project that is part of the Ohio	11171
turnpike system.	11172

The speaker of the house of representatives shall make the	11173
speaker of the house of representative's appointment to the	11174
committee first, followed by the minority leader of the house of	11175
representatives, and they shall make their appointments in such a	11176
manner that their two appointees represent districts that are	11177
located in different areas of the state. If the chairperson of the	11178
house of representatives committee dealing primarily with highway	11179
matters represents a district in which is located or through which	11180
passes a portion of a turnpike project that is part of the Ohio	11181
turnpike system or a district located in the vicinity of a	11182
turnpike project that is part of the Ohio turnpike system, the	11183
speaker of the house of representatives and the minority leader of	11184
the house of representatives shall make their appointments in such	11185
a manner that their two appointees and the chairperson of the	11186
house of representatives committee dealing primarily with highway	11187
matters all represent districts that are located in different	11188
areas of the state.	11189

The chairperson of the house of representatives committee	11190
shall serve as the chairperson of the turnpike oversight	11191
legislative review committee for the year 1996. Thereafter, the	11192
chair annually shall alternate between, first, the chairperson of	11193
the senate committee and then the chairperson of the house of	11194
representatives committee.	11195

(B) Each member of the turnpike oversightlegislative review	11196
committee who is a member of the general assembly shall serve a	11197
term of the remainder of the general assembly during which the	11198
member is appointed or is serving as chairperson of the specified	11199
senate or house committee. In the event of the death or	11200
resignation of a committee member who is a member of the general	11201
assembly, or in the event that a member ceases to be a senator or	11202
representative, or in the event that the chairperson of the senate	11203
committee dealing primarily with highway matters or the	11204
chairperson of the house of representatives committee dealing	11205
primarily with highway matters ceases to hold that position, the	11206
vacancy shall be filled through an appointment by the president of	11207
the senate or the speaker of the house of representatives or	11208
minority leader of the senate or house of representatives, as	11209
applicable. Any member appointed to fill a vacancy occurring prior	11210
to the end of the term for which the member's predecessor was	11211
appointed shall hold office for the remainder of the term or for a	11212
shorter period of time as determined by the president or the	11213
speaker. A member of the committee is eligible for reappointment.	11214

(C) The turnpike oversightlegislative review committee shall	11215
meet at least quarterly and may meet at the call of its	11216
chairperson, or upon the written request to the chairperson of not	11217
fewer than four members of the committee. At least three of the	11218
quarterly meetingsMeetings shall be held at sites located along a	11219
turnpike project asthat are determined solely by the chairperson	11220
of the committee. At each meeting, the Ohio turnpike commission	11221
shall make a report to the committee on commission matters,	11222
including but not limited to financial and budgetary matters and	11223
proposed and on-going construction, maintenance, repair, and	11224
operational projects of the commission.	11225

The committee, by the affirmative vote of at least four of	11226
its members, may submit written recommendations to the commission,	11227
either at meetings held pursuant to this section or at any other	11228
time, describing new turnpike projects or new interchanges located	11229
on existing projects that the committee believes the commission	11230
should consider constructing.	11231

(D) The members of the turnpike oversightlegislative review	11232
committee who are members of the general assembly shall serve	11233
without compensation, but shall be reimbursed by the commission	11234
for their actual and necessary expenses incurred in the discharge	11235
of their official duties as committee members. Serving as a	11236
member of the turnpike oversightlegislative review committee does	11237
not constitute grounds for resignation from the senate or house of	11238
representatives under section 101.26 of the Revised Code.	11239

Sec. 5537.26.  (A) Except as provided in division (D) of this	11240
section, no increase by the Ohio turnpike commission in the toll	11241
rate structure that is applicable to vehicles operating on a	11242
turnpike project shall become effective unless the commission	11243
complies with the notice and hearing requirements prescribed in	11244
division (B) of this section, and the commission shall not take	11245
any action that expands, has the effect of expanding, or will to	11246
any degree at any time in the future have the effect of expanding	11247
the sphere of responsibility of the commission beyond the Ohio	11248
turnpike, unless the commission complies with the notice and	11249
hearing requirements prescribed in division (B) of this section.	11250

(B) Not less than ninety days prior to the date on which the	11251
commission votes to increase any part of the toll rate structure	11252
that is applicable to vehicles operating on a turnpike project,	11253
and not less than ninety days prior to the date on which the	11254
commission votes to take an action that expands, has the effect of	11255
expanding, or will to any degree at any time in the future have	11256
the effect of expanding the sphere of responsibility of the	11257
commission beyond the Ohio turnpike, the commission shall commence	11258
do both of the following:	11259

(1) Send notice to the governor and the presiding officers	11260
and minority leaders of the senate and house of representatives	11261
that details the proposed increase to the toll rate structure or	11262
the expansion of the sphere of responsibility of the commission	11263
beyond the Ohio turnpike, including a description of and a	11264
justification for the increase or expansion;	11265

(2) Commence holding public hearings on the proposed increase	11266
in the toll rate structure or the proposed action. If the	11267
commission is proposing an increase in the toll rate structure	11268
that is applicable to vehicles operating on a turnpike project, it	11269
shall hold not less than three public hearings in three	11270
geographically diverse locations in this state that are in the	11271
immediate vicinity of the affected project. If the commission is	11272
proposing to take an action that expands, has the effect of	11273
expanding, or will to any degree at any time in the future have	11274
the effect of expanding the sphere of responsibility of the	11275
commission beyond the Ohio turnpike, it shall hold not less than	11276
three public hearings in three locations in the immediate vicinity	11277
where the expanded responsibilities would arise.	11278

The commission shall hold the third or, if it holds more than	11279
three hearings, the last hearing of any set of hearings required	11280
to be held under this section not less than thirty days prior to	11281
the date on which it votes to increase part of the toll rate	11282
structure that is applicable to vehicles operating on a turnpike	11283
project or to take an action that expands, has the effect of	11284
expanding, or will to any degree at any time in the future have	11285
the effect of expanding the sphere of responsibility of the	11286
commission beyond the Ohio turnpike.	11287

The commission shall inform the public of all the hearings	11288
required to be held under this section by causing a notice to be	11289
published in a newspaper of general circulation in the county in	11290
which each hearing is to be held, not less than once per week for	11291
two weeks prior to the date of the hearing.	11292

(C) If the commission does not comply with the notice and	11293
hearing requirements contained in division (B) of this section and	11294
votes for an increase in the toll rate structure that is	11295
applicable to vehicles operating on a turnpike project, the	11296
increase in the toll rate structure shall not take effect, any	11297
attempt by the commission to implement the increase in the toll	11298
rate structure is void, and, if necessary, the attorney general	11299
shall file an action in the court of common pleas of the county in	11300
which the principal office of the commission is located to enjoin	11301
the commission from implementing the increase. The commission	11302
shall not implement any increase until it complies with division	11303
(B) of this section.	11304

If the commission does not comply with the notice and hearing	11305
requirements contained in division (B) of this section and votes	11306
to take an action that expands, has the effect of expanding, or	11307
will to any degree at any time in the future have the effect of	11308
expanding the sphere of responsibility of the commission beyond	11309
the Ohio turnpike, the commission shall not take the proposed	11310
action and, if necessary, the attorney general shall file an	11311
action in the court of common pleas of the county in which the	11312
principal office of the commission is located to enjoin the	11313
commission from taking the proposed action. The commission shall	11314
not take the proposed action until it complies with the notice and	11315
hearing requirements prescribed in division (B) of this section.	11316

(D) Divisions (A) to (C) of this section do not apply to any	11317
decrease made to the toll rate structure by the commission. The	11318
commission may implement a temporary decrease in the toll rate	11319
structure only if it does not exceed eighteen months in duration.	11320
Prior to instituting any decrease to the toll rate structure, the	11321
commission shall holddo both of the following:	11322

(1) Not less than five days prior to any public meeting under	11323
division (D)(2) of this section, send notice to the governor and	11324
the presiding officers and minority leaders of the senate and	11325
house of representatives that details the proposed decrease to the	11326
toll rate structure;	11327

(2) Hold a public meeting to explain to members of the	11328
traveling public the reasons for the upcoming decrease, to inform	11329
them of any benefits and any negative consequences, and to give	11330
them the opportunity to express their opinions as to the relative	11331
merits or drawbacks of each toll decrease. The commission shall	11332
inform the public of the meeting by causing a notice to be	11333
published in newspapers of general circulation in Cuyahoga, Lucas,	11334
Mahoning, Trumbull, Williams, and Summit counties not less than	11335
five days prior to the meeting. The commission shall not be	11336
required to hold any public hearing or meeting upon the expiration	11337
of any temporary decrease in the toll rate structure, so long as	11338
it implements the same toll rate structure that was in effect	11339
immediately prior to the temporary decrease.	11340

(E) As used in this section, "Ohio turnpike" means the toll	11341
freeway that is under the jurisdiction of the commission and runs	11342
in an easterly and westerly direction across the entire northern	11343
portion of this state between its borders with the state of	11344
Pennsylvania in the east and the state of Indiana in the west, and	11345
carries the interstate highway designations of interstate	11346
seventy-six, interstate eighty, and interstate eighty-ninety.	11347

Sec. 5537.27.  The Ohio turnpike commission, the director of	11348
transportation or the director's designee, and another person	11349
designated by the governor shall establish a procedure whereby a	11350
political subdivision or other government agency or agencies may	11351
submit a written application to the commission, requesting the	11352
commission to construct and operate a project within the	11353
boundaries of the subdivision, agency, or agencies making the	11354
request. The procedure shall include a requirement that the	11355
commission send a written reply to the subdivision, agency, or	11356
agencies, explaining the disposition of the request. The procedure	11357
established pursuant to this section shall not become effective	11358
unless it is approved by the commission and by the director or the	11359
director's designee and the designee of the governor, and shall	11360
require submission of the proposed project to the turnpike	11361
oversightlegislative review committee if the project must be	11362
approved by the governor.	11363

Sec. 5537.28.  (A) Notwithstanding any other provision of	11364
law, on and after the effective date of this section, the Ohio	11365
turnpike commission shall not expend any toll revenues that are	11366
generated by an existing turnpike project to fund in any manner or	11367
to any degree the construction, operation, maintenance, or repair	11368
of another turnpike project the location of which must be reviewed	11369
by the turnpike oversightlegislative review committee and	11370
approved by the governor.	11371

In paying the cost of such a project, the commission may	11372
issue bonds and bond anticipation notes as permitted by this	11373
chapter, and may accept moneys from any source to pay the cost of	11374
any portion of the project, including, but not limited to, the	11375
federal government, any department or agency of this state, and	11376
any political subdivision or other government agency. Each such	11377
project shall be constructed, operated, maintained, and repaired	11378
entirely with funds generated by that project or otherwise	11379
specifically acquired for that project from sources permitted by	11380
this chapter.	11381

(B) The commission shall not expend any toll revenues	11382
generated by the Ohio turnpike to pay any amount of the principal	11383
amount of, or interest due on, any bonds or bond anticipation	11384
notes issued by the commission to pay any portion of the cost of	11385
another turnpike project the location of which must be reviewed by	11386
the turnpike oversightlegislative review committee and approved	11387
by the governor. The commission shall not expend any toll revenues	11388
generated by any turnpike project to pay any amount of the	11389
principal amount of, or interest due on, any bonds or bond	11390
anticipation notes issued by the commission to pay any portion of	11391
the cost of a new turnpike project the location of which must be	11392
reviewed by the turnpike oversightlegislative review committee	11393
and approved by the governor or the cost of the operation, repair,	11394
improvement, maintenance, or reconstruction of any turnpike	11395
project other than the project that generated those toll revenues.	11396

(C) As used in this section:

11397

(1) "Ohio turnpike" has the same meaning as in division (E)	11398
of section 5537.26 of the Revised Code;	11399

(2) "Another turnpike project" does not include	11400
infrastructure improvements on the Ohio turnpike or on connecting	11401
roadways within one mile of an Ohio turnpike interchange.	11402

Sec. 5701.11. (A)The effective date referred to in this	11403
section is the effective date of this section as amended by H.B.	11404
699 of the 126th general assembly.	11405

(A) Except as provided under division (B) of this section,	11406
any reference in Title LVII of the Revised Code to the Internal	11407
Revenue Code, to the Internal Revenue Code "as amended," to other	11408
laws of the United States, or to other laws of the United States,	11409
"as amended" means the Internal Revenue Code or other laws of the	11410
United States as they exist on the effective date of this section	11411
as enacted by H.B. 530 of the 126th general assemblythe effective	11412
date. This section does not apply to any reference to the Internal	11413
Revenue Code or to other laws of the United States as of a date	11414
certain specifying the day, month, and year.	11415

(B)(1) For purposes of applying section 5733.04, 5745.01, or	11416
5747.01 of the Revised Code to a taxpayer's taxable year ending in	11417
20052006, and also to the subsequent taxable year if it ends	11418
before the effective date of this sectionbefore the effective	11419
date, a taxpayer may irrevocably elect to incorporate the	11420
provisions of the Internal Revenue Code or other laws of the	11421
United States that are in effect for federal income tax purposes	11422
for those taxable yearsthat taxable year if those provisions	11423
differ from the provisions that would otherwise be incorporated	11424
into section 5733.04, 5745.01, or 5747.01 of the Revised Code for	11425
those taxable yearsthat taxable year under division (A) of this	11426
section. The filing of a report or return by the taxpayer for the	11427
taxable year ending in 2005 that incorporatesthat taxable year	11428
incorporating the provisions of the Internal Revenue Code or other	11429
laws of the United States applicable for federal income tax	11430
purposes to that taxable yearthat taxable year, without	11431
adjustments to reverse the effects of any differences between	11432
those provisions and the provisions that would otherwise be	11433
incorporated under division (A) of this section, constitutes the	11434
making of an irrevocable election under this division for that	11435
taxable year and for the subsequent taxable year if it ends before	11436
the effective date of this sectionthat taxable year.	11437

(2) Elections under prior versions of division (B)(1) of this	11438
section remain in effect for the taxable years to which they	11439
apply.	11440

Sec. 5709.083. Real and personal property comprising a	11441
project undertaken, financed, operated, or maintained by an	11442
eligible county under section 307.695 of the Revised Code is	11443
exempt from taxation so long as the project remains owned by the	11444
eligible county.	11445

As used in this section, "eligible county" and "project" have	11446
the same meanings as in section 307.695 of the Revised Code.	11447

Sec. 5709.87.  (A) As used in this section:

11448

(1) "Improvement," "building," "fixture," and "structure"	11449
have the same meanings as in section 5701.02 of the Revised Code.	11450

(2) "Applicable standards," "property," "remedy," and	11451
"remedial activities" have the same meanings as in section 3746.01	11452
of the Revised Code.	11453

(B) The director of environmental protection, after issuing a	11454
covenant not to sue for property under section 3746.12 of the	11455
Revised Code and determining that remedies or remedial activities	11456
have commenced or been completed at that property to the	11457
satisfaction of the director, shall certify to the tax	11458
commissioner and to the director of development that such a	11459
covenant has been issued and such remedies or remedial activities	11460
have occurred at that property. The certification shall be in such	11461
form as is agreed upon by the directors of environmental	11462
protection and development and the tax commissioner and shall	11463
include a description of the property in sufficient detail for the	11464
tax commissioner and director of development to determine the	11465
boundaries of the property entitled to exemption from taxation	11466
under this section.	11467

(C)(1)(a) Upon receipt by the tax commissioner of a	11468
certification for property under division (B) of this section, the	11469
commissioner shall issue an order granting an exemption from real	11470
property taxation of the increase in the assessed value of land	11471
constituting property that is described in the certification, and	11472
of the increase in the assessed value of improvements, buildings,	11473
fixtures, and structures situated on that land at the time the	11474
order is issued as indicated on the current tax lists. The	11475
exemption shall commence on the first day of the tax year	11476
including the day on which the order is issued and shall end on	11477
the last day of the tenth tax year after issuance of the order.	11478
The order shall include a description of the property and the tax	11479
years for which the property is to be exempted from taxation. The	11480
commissioner shall send copies of the exemption order to the owner	11481
of record of the property to which the exemption applies and to	11482
the county auditor of each county in which any portion of that	11483
property is located.	11484

(b) Within sixty days after receiving the commissioner's	11485
order, the owner of record of the property may notify the	11486
commissioner in writing that the owner does not want the exemption	11487
from real property taxation provided under division (C)(1) of this	11488
section to apply. Upon receiving such a notification from the	11489
property owner of record, the commissioner shall issue a	11490
subsequent order rescinding the previously granted exemption.	11491

(2) The director of development shall maintain a record of	11492
certifications received under this section for purposes of section	11493
5709.88 of the Revised Code.	11494

(D) Any sale or other transfer of the property does not	11495
affect an exemption granted under division (C) of this section.	11496
The exemption shall continue in effect thereafter for the full	11497
period stated in the exemption order.	11498

(E) If at any time the director revokes a covenant not to sue	11499
under Chapter 3746. of the Revised Code and rules adopted under it	11500
for property concerning which the commissioner has issued an	11501
exemption order under division (C) of this section, the director	11502
shall so notify the commissioner and the legislative authority of	11503
the municipal corporation and county in which the property is	11504
located. The commissioner immediately shall rescind the exemption	11505
order and shall so notify the owner of record of the property and	11506
the county auditor of each county in which any portion of the	11507
property is located.	11508

Upon revocation of the convenantcovenant not to sue, the	11509
owner of record shall pay the amount of taxes that would have been	11510
charged against the property had the property not been exempted	11511
from taxation for the period beginning with commencement of the	11512
exemption and ending with the date of revocation of the covenant	11513
not to sue. The county auditor shall return the property to the	11514
tax list and enter on the tax list the amount so payable as	11515
current taxes charged against the property. Taxes required to be	11516
paid pursuant to this section are payable in full on the first	11517
succeeding day on which the first one-half of taxes is required to	11518
be paid under section 323.12 of the Revised Code. If such taxes	11519
are not paid in full when due, a penalty shall be charged, and	11520
interest shall accrue on those taxes, as provided in section	11521
323.121 of the Revised Code. In cases of underpayment or	11522
nonpayment, the deficiency shall be collected as otherwise	11523
provided for the collection of delinquent real property taxes.	11524

Sec. 5713.051.  (A) As used in this section:

11525

(1) "Oil" means all grades of crude oil.

11526

(2) "Gas" means all forms of natural gas.

11527

(3) "Well" means an oil or gas well or an oil and gas well.

11528

(4) "M.C.F." means one thousand cubic feet.

11529

(5) "Commonly metered wells" means two or more wells that	11530
share the same meter.	11531

(6) "Total production" means the total amount of oil,	11532
measured in barrels, and the total amount of gas, measured in	11533
M.C.F., of all oil and gas actually produced and sold from a	11534
single well that is developed and producing on the tax lien date.	11535
For commonly metered wells, "total production" means the total	11536
amount of oil, measured in barrels, and the total amount of gas,	11537
measured in M.C.F., of all oil and gas actually produced and sold	11538
from the commonly metered wells divided by the number of the	11539
commonly metered wells.	11540

(7) "Flush production" means total production from a single	11541
well during the first twelve calendar months during not more than	11542
two consecutive calendar years after a well first begins to	11543
produce. For commonly metered wells, "flush production" means	11544
total production during the first twelve calendar months during	11545
not more than two consecutive calendar years after a well first	11546
begins to produce from all wells with flush production divided by	11547
the number of those wells.	11548

(8) "Production through secondary recovery methods" means	11549
total production from a single well where mechanically induced	11550
pressure, such as air, nitrogen, carbon dioxide, or water	11551
pressure, is used to stimulate and maintain production in the oil	11552
and gas reservoir, exclusive of any flush production. For commonly	11553
metered wells, "production through secondary recovery methods"	11554
means total production from all wells with production through	11555
secondary recovery methods divided by the number of the those	11556
wells.	11557

(9) "Stabilized production" means total production reduced,	11558
if applicable, by the greater of forty-two and one-half per cent	11559
of flush production or fifty per cent of production through	11560
secondary recovery methods.	11561

(10) "Average daily production" means stabilized production	11562
divided by three hundred sixty-five, provided the well was in	11563
production at the beginning of the calendar year. If the well was	11564
not in production at the beginning of the calendar year, "average	11565
daily production" means stabilized production divided by the	11566
number of days beginning with the day the well went into	11567
production in the calendar year and ending with the thirty-first	11568
day of December.	11569

(11) "Gross price" means the unweighted average price per	11570
barrel of oil or the average price per M.C.F. of gas produced from	11571
Ohio wells and first sold during the five-year period ending with	11572
the calendar year immediately preceding the tax lien date, as	11573
reported by the department of natural resources.	11574

(12) "Average annual decline rate" means the amount of yearly	11575
decline in oil and gas production of a well after flush production	11576
has ended. For the purposes of this section, the average annual	11577
decline rate is thirteen per cent.	11578

(13) "Gross revenue" means the gross revenue from a well	11579
during a ten-year discount period with production assumed to be	11580
one barrel of oil or one M.C.F. of gas during the first year of	11581
production and declining at the annual average annual decline rate	11582
during the remaining nine years of the ten-year discount period,	11583
as follows:	11584

(a) First year: one barrel or one M.C.F. multiplied by gross	11585
price;	11586

(b) Second year: 0.870 barrel or 0.870 M.C.F. multiplied by	11587
gross price;	11588

(c) Third year: 0.757 barrel or 0.757 M.C.F. multiplied by	11589
gross price;	11590

(d) Fourth year: 0.659 barrel or 0.659 M.C.F. multiplied by	11591
gross price;	11592

(e) Fifth year: 0.573 barrel or 0.573 M.C.F. multiplied by	11593
gross price;	11594

(f) Sixth year: 0.498 barrel or 0.498 M.C.F. multiplied by	11595
gross price;	11596

(g) Seventh year: 0.434 barrel or 0.434 M.C.F. multiplied by	11597
gross price;	11598

(h) Eighth year: 0.377 barrel or 0.377 M.C.F. multiplied by	11599
gross price;	11600

(i) Ninth year: 0.328 barrel or 0.328 M.C.F. multiplied by	11601
gross price;	11602

(j) Tenth year: 0.286 barrel or 0.286 M.C.F. multiplied by	11603
gross price.	11604

(14) "Average royalty expense" means the annual cost of	11605
royalties paid by all working interest owners in a well. For the	11606
purposes of this section, the average royalty expense is fifteen	11607
per cent of annual gross revenue.	11608

(15) "Average operating expense" means the annual cost of	11609
operating and maintaining a producing well after it first begins	11610
production. For the purposes of this section, the average	11611
operating expense is forty per cent of annual gross revenue.	11612

(16) "Average capital recovery expense" means the annual	11613
capitalized investment cost of a developed and producing well. For	11614
the purposes of this section, average capital recovery expense is	11615
thirty per cent of annual gross revenue.	11616

(17) "Discount rate" means the rate used to determine the	11617
present net worth of one dollar during each year of the ten-year	11618
discount period assuming the net income stream projected for each	11619
year of the ten-year discount period is received at the half-year	11620
point. For the purposes of this section, the discount rate equals	11621
thirteen per cent plus the rate per annum prescribed by division	11622
(B) of section 5703.47 of the Revised Code and determined by the	11623
tax commissioner in October of the calendar year immediately	11624
preceding the tax lien date.	11625

(B) The true value in money of oil reserves constituting real	11626
property on tax lien dates January 1, 2007, and thereafter with	11627
respect to a developed and producing well that has not been the	11628
subject of a recent arm's length sale, exclusive of personal	11629
property necessary to recover the oil, shall be determined under	11630
division (B)(1) or (2) of this section.	11631

(1) For wells for which average daily production of oil is	11632
one barrel or more in the calendar year preceding the tax lien	11633
date, the true value in money equals the average daily production	11634
of oil from the well multiplied by the net present value of one	11635
barrel of oil, where:	11636

(a) Net present value of one barrel of oil = 365 x the sum of	11637
[net income for each year of the discount period x discount rate	11638
factor for that year] for all years in the discount period; and	11639

(b) Net income for a year of the discount period = gross	11640
revenue for that year minus the sum of the following for that	11641
year: average royalty expense, average operating expense, and	11642
average capital recovery expense.	11643

(2) For wells for which average daily production of oil is	11644
less than one barrel in the calendar year preceding the tax lien	11645
date, the true value in money equals the average daily production	11646
of the well in the calendar year preceding the tax lien date	11647
multiplied by sixty per cent of the net present value of one	11648
barrel of oil as computed under division (B)(1) of this section.	11649

(C) The true value in money of gas reserves constituting real	11650
property on tax lien dates January 1, 2007, and thereafter with	11651
respect to a developed and producing well that has not been the	11652
subject of a recent arm's length sale, exclusive of personal	11653
property necessary to recover the gas, shall be determined under	11654
division (C)(1) or (2) of this section.	11655

(1) For wells for which average daily production of gas is	11656
eight M.C.F. or more in the calendar year preceding the tax lien	11657
date, the true value in money equals the average daily production	11658
of gas from the well multiplied by the net present value of one	11659
M.C.F. of gas, where:	11660

(a) Net present value of one M.C.F. of gas = 365 x the sum of	11661
[net income for each year of the discount period x discount rate	11662
factor for that year] for all years in the discount period; and	11663

(b) Net income for a year of the discount period = gross	11664
revenue for that year minus the sum of the following for that	11665
year: average royalty expense, average operating expense, and	11666
average capital recovery expense.	11667

(2) For wells for which average daily production of gas is	11668
less than eight M.C.F. in the calendar year preceding the tax lien	11669
date, the true value in money equals the average daily production	11670
of the well in the calendar year preceding the tax lien date	11671
multiplied by fifty per cent of the net present value of one	11672
M.C.F. as computed under division (C)(1) of this section.	11673

Sec. 5725.31.  (A) As used in this section:

11674

(1) "Eligible employee" and "eligible training costs" have	11675
the same meanings as in section 5733.42 of the Revised Code.	11676

(2) "Tax assessed under this chapter" means, in the case of a	11677
dealer in intangibles, the tax assessed under sections 5725.13 to	11678
5725.17 of the Revised Code and, in the case of a domestic	11679
insurance company, the taxes assessed under sections 5725.18 to	11680
5725.26 of the Revised Code.	11681

(3) "Taxpayer" means a dealer in intangibles or a domestic	11682
insurance company subject to a tax assessed under this chapter.	11683

(4) "Credit period" means, in the case of a dealer in	11684
intangibles, the calendar year ending on the thirty-first day of	11685
December next preceding the day the report is required to be	11686
returned under section 5725.14 of the Revised Code and, in the	11687
case of a domestic insurance company, the calendar year ending on	11688
the thirty-first day of December next preceding the day the annual	11689
statement is required to be returned under section 5725.18 or	11690
5725.181 of the Revised Code.	11691

(B) There is hereby allowed a nonrefundable credit against	11692
the tax imposed under this chapter for a taxpayer for which a tax	11693
credit certificate is issued under section 5733.42 of the Revised	11694
Code. The credit may be claimed for credit periods beginning on or	11695
after January 1, 2003, and ending on or before December 31, 2006	11696
2007. The amount of the credit for the credit period beginning on	11697
January 1, 2003, shall equal one-half of the average of the	11698
eligible training costs paid or incurred by the taxpayer during	11699
calendar years 1998, 1999, and 2000, not to exceed one thousand	11700
dollars for each eligible employee on account of whom eligible	11701
training costs were paid or incurred by the taxpayer. The amount	11702
of the credit for the credit period beginning on January 1, 2004,	11703
shall equal one-half of the average of the eligible training costs	11704
paid or incurred by the taxpayer during calendar years 2002, 2003,	11705
and 2004, not to exceed one thousand dollars for each eligible	11706
employee on account of whom eligible training costs were paid or	11707
incurred by the taxpayer. The amount of the credit for the credit	11708
period beginning on January 1, 2005, shall equal one-half of the	11709
average of the eligible training costs paid or incurred by the	11710
taxpayer during calendar years 2003, 2004, and 2005, not to exceed	11711
one thousand dollars for each eligible employee on account of whom	11712
eligible training costs were paid or incurred by the taxpayer. The	11713
amount of the credit for the credit period beginning on January 1,	11714
2006, shall equal one-half of the average of the eligible training	11715
costs paid or incurred by the taxpayer during calendar years 2004,	11716
2005, and 2006, not to exceed one thousand dollars for each	11717
eligible employee on account of whom eligible training costs were	11718
paid or incurred by the taxpayer. The amount of the credit for the	11719
credit period beginning on January 1, 2007, shall equal one-half	11720
of the average of the eligible training costs paid or incurred by	11721
the taxpayer during calendar years 2005, 2006, and 2007, not to	11722
exceed one thousand dollars for each eligible employee on account	11723
of whom eligible training costs were paid or incurred by the	11724
taxpayer.	11725

The credit claimed by a taxpayer each credit period shall not	11726
exceed one hundred thousand dollars.	11727

A taxpayer shall apply to the director of job and family	11728
services for a tax credit certificate in the manner prescribed by	11729
division (C) of section 5733.42 of the Revised Code. Divisions (C)	11730
to (H) of that section govern the tax credit allowed by this	11731
section, except that "credit period" shall be substituted for "tax	11732
year with respect to a calendar year" wherever that phrase appears	11733
in those divisions and that a taxpayer under this section shall be	11734
considered a taxpayer for the purposes of that section.	11735

A taxpayer may carry forward the credit allowed under this	11736
section to the extent that the credit exceeds the taxpayer's tax	11737
due for the credit period. The taxpayer may carry the excess	11738
credit forward for three credit periods following the credit	11739
period for which the credit is first claimed under this section.	11740
The credit allowed by this section is in addition to any credit	11741
allowed under section 5729.031 of the Revised Code.	11742

Sec. 5727.84.  (A) As used in this section and sections	11743
5727.85, 5727.86, and 5727.87 of the Revised Code:	11744

(1) "School district" means a city, local, or exempted	11745
village school district.	11746

(2) "Joint vocational school district" means a joint	11747
vocational school district created under section 3311.16 of the	11748
Revised Code, and includes a cooperative education school district	11749
created under section 3311.52 or 3311.521 of the Revised Code and	11750
a county school financing district created under section 3311.50	11751
of the Revised Code.	11752

(3) "Local taxing unit" means a subdivision or taxing unit,	11753
as defined in section 5705.01 of the Revised Code, a park district	11754
created under Chapter 1545. of the Revised Code, or a township	11755
park district established under section 511.23 of the Revised	11756
Code, but excludes school districts and joint vocational school	11757
districts.	11758

(4) "State education aid," for a school district, means the	11759
sum of state aid amounts computed for a schoolthe district or	11760
joint vocational school district under Chapter 3317.divisions	11761
(A), (C)(1), (C)(4), (D), (E), and (F) of section 3317.022;	11762
divisions (B), (C), and (D) of section 3317.023; divisions (G),	11763
(L), and (N) of section 3317.024; and sections 3317.029,	11764
3317.0216, 3317.0217, 3317.04, 3317.05, 3317.052, and 3317.053 of	11765
the Revised Code; and the adjustments required by: division (C) of	11766
section 3310.08; division (C) of section 3314.08; division (D) of	11767
section 3314.13; divisions (E), (K), (L), (M), (N), and (O) of	11768
section 3317.023; division (C) of section 3317.20; and sections	11769
3313.979 and 3313.981 of the Revised Code. However, when	11770
calculating state education aid for a school district for fiscal	11771
years 2006 and 2007, include the amount computed for the district	11772
under Section 206.09.21 of Am. Sub. H.B. 66 of the 126th general	11773
assembly, as subsequently amended, instead of division (D) of	11774
section 3317.022 of the Revised Code; include amounts calculated	11775
under Section 206.09.39 of that act, as subsequently amended; and	11776
account for adjustments under division (C)(2) of section 3310.41	11777
of the Revised Code.	11778

(5) "State education aid," for a joint vocational school	11779
district, means the sum of the state aid amounts computed for the	11780
district under division (N) of section 3317.024 and section	11781
3317.16 of the Revised Code. However, when calculating state	11782
education aid for a joint vocational school district for fiscal	11783
years 2006 and 2007, include the amount computed for the district	11784
under Section 206.09.42 of Am. Sub. H.B. 66 of the 126th general	11785
assembly, as subsequently amended.	11786

(6) "State education aid offset" means the amount determined	11787
for each school district or joint vocational school district under	11788
division (A)(1) of section 5727.85 of the Revised Code.	11789

(6)(7) "Recognized valuation" has the same meaning as in	11790
section 3317.02 of the Revised Code.	11791

(7)(8) "Electric company tax value loss" means the amount	11792
determined under division (D) of this section.	11793

(8)(9) "Natural gas company tax value loss" means the amount	11794
determined under division (E) of this section.	11795

(9)(10) "Tax value loss" means the sum of the electric	11796
company tax value loss and the natural gas company tax value loss.	11797

(10)(11) "Fixed-rate levy" means any tax levied on property	11798
other than a fixed-sum levy.	11799

(11)(12) "Fixed-rate levy loss" means the amount determined	11800
under division (G) of this section.	11801

(12)(13) "Fixed-sum levy" means a tax levied on property at	11802
whatever rate is required to produce a specified amount of tax	11803
money or levied in excess of the ten-mill limitation to pay debt	11804
charges, and includes school district emergency levies imposed	11805
pursuant to section 5705.194 of the Revised Code.	11806

(13)(14) "Fixed-sum levy loss" means the amount determined	11807
under division (H) of this section.	11808

(14)(15) "Consumer price index" means the consumer price	11809
index (all items, all urban consumers) prepared by the bureau of	11810
labor statistics of the United States department of labor.	11811

(B) The kilowatt-hour tax receipts fund is hereby created in	11812
the state treasury and shall consist of money arising from the tax	11813
imposed by section 5727.81 of the Revised Code. All money in the	11814
kilowatt-hour tax receipts fund shall be credited as follows:	11815

(1) Fifty-nine and nine hundred seventy-six one-thousandths	11816
per cent, shall be credited to the general revenue fund.	11817

(2) Two and six hundred forty-six one-thousandths per cent	11818
shall be credited to the local government fund, for distribution	11819
in accordance with section 5747.50 of the Revised Code.	11820

(3) Three hundred seventy-eight one-thousandths per cent	11821
shall be credited to the local government revenue assistance fund,	11822
for distribution in accordance with section 5747.61 of the Revised	11823
Code.	11824

(4) Twenty-five and four-tenths per cent shall be credited to	11825
the school district property tax replacement fund, which is hereby	11826
created in the state treasury for the purpose of making the	11827
payments described in section 5727.85 of the Revised Code.	11828

(5) Eleven and six-tenths per cent shall be credited to the	11829
local government property tax replacement fund, which is hereby	11830
created in the state treasury for the purpose of making the	11831
payments described in section 5727.86 of the Revised Code.	11832

(C) The natural gas tax receipts fund is hereby created in	11833
the state treasury and shall consist of money arising from the tax	11834
imposed by section 5727.811 of the Revised Code. All money in the	11835
fund shall be credited as follows:	11836

(1) Sixty-eight and seven-tenths per cent shall be credited	11837
to the school district property tax replacement fund for the	11838
purpose of making the payments described in section 5727.85 of the	11839
Revised Code.	11840

(2) Thirty-one and three-tenths per cent shall be credited to	11841
the local government property tax replacement fund for the purpose	11842
of making the payments described in section 5727.86 of the Revised	11843
Code.	11844

(D) Not later than January 1, 2002, the tax commissioner	11845
shall determine for each taxing district its electric company tax	11846
value loss, which is the sum of the applicable amounts described	11847
in divisions (D)(1) to (3) of this section:	11848

(1) The difference obtained by subtracting the amount	11849
described in division (D)(1)(b) from the amount described in	11850
division (D)(1)(a) of this section.	11851

(a) The value of electric company and rural electric company	11852
tangible personal property as assessed by the tax commissioner for	11853
tax year 1998 on a preliminary assessment, or an amended	11854
preliminary assessment if issued prior to March 1, 1999, and as	11855
apportioned to the taxing district for tax year 1998;	11856

(b) The value of electric company and rural electric company	11857
tangible personal property as assessed by the tax commissioner for	11858
tax year 1998 had the property been apportioned to the taxing	11859
district for tax year 2001, and assessed at the rates in effect	11860
for tax year 2001.	11861

(2) The difference obtained by subtracting the amount	11862
described in division (D)(2)(b) from the amount described in	11863
division (D)(2)(a) of this section.	11864

(a) The three-year average for tax years 1996, 1997, and 1998	11865
of the assessed value from nuclear fuel materials and assemblies	11866
assessed against a person under Chapter 5711. of the Revised Code	11867
from the leasing of them to an electric company for those	11868
respective tax years, as reflected in the preliminary assessments;	11869

(b) The three-year average assessed value from nuclear fuel	11870
materials and assemblies assessed under division (D)(2)(a) of this	11871
section for tax years 1996, 1997, and 1998, as reflected in the	11872
preliminary assessments, using an assessment rate of twenty-five	11873
per cent.	11874

(3) In the case of a taxing district having a nuclear power	11875
plant within its territory, any amount, resulting in an electric	11876
company tax value loss, obtained by subtracting the amount	11877
described in division (D)(1) of this section from the difference	11878
obtained by subtracting the amount described in division (D)(3)(b)	11879
of this section from the amount described in division (D)(3)(a) of	11880
this section.	11881

(a) The value of electric company tangible personal property	11882
as assessed by the tax commissioner for tax year 2000 on a	11883
preliminary assessment, or an amended preliminary assessment if	11884
issued prior to March 1, 2001, and as apportioned to the taxing	11885
district for tax year 2000;	11886

(b) The value of electric company tangible personal property	11887
as assessed by the tax commissioner for tax year 2001 on a	11888
preliminary assessment, or an amended preliminary assessment if	11889
issued prior to March 1, 2002, and as apportioned to the taxing	11890
district for tax year 2001.	11891

(E) Not later than January 1, 2002, the tax commissioner	11892
shall determine for each taxing district its natural gas company	11893
tax value loss, which is the sum of the amounts described in	11894
divisions (E)(1) and (2) of this section:	11895

(1) The difference obtained by subtracting the amount	11896
described in division (E)(1)(b) from the amount described in	11897
division (E)(1)(a) of this section.	11898

(a) The value of all natural gas company tangible personal	11899
property, other than property described in division (E)(2) of this	11900
section, as assessed by the tax commissioner for tax year 1999 on	11901
a preliminary assessment, or an amended preliminary assessment if	11902
issued prior to March 1, 2000, and apportioned to the taxing	11903
district for tax year 1999;	11904

(b) The value of all natural gas company tangible personal	11905
property, other than property described in division (E)(2) of this	11906
section, as assessed by the tax commissioner for tax year 1999 had	11907
the property been apportioned to the taxing district for tax year	11908
2001, and assessed at the rates in effect for tax year 2001.	11909

(2) The difference in the value of current gas obtained by	11910
subtracting the amount described in division (E)(2)(b) from the	11911
amount described in division (E)(2)(a) of this section.	11912

(a) The three-year average assessed value of current gas as	11913
assessed by the tax commissioner for tax years 1997, 1998, and	11914
1999 on a preliminary assessment, or an amended preliminary	11915
assessment if issued prior to March 1, 2001, and as apportioned in	11916
the taxing district for those respective years;	11917

(b) The three-year average assessed value from current gas	11918
under division (E)(2)(a) of this section for tax years 1997, 1998,	11919
and 1999, as reflected in the preliminary assessment, using an	11920
assessment rate of twenty-five per cent.	11921

(F) The tax commissioner may request that natural gas	11922
companies, electric companies, and rural electric companies file a	11923
report to help determine the tax value loss under divisions (D)	11924
and (E) of this section. The report shall be filed within thirty	11925
days of the commissioner's request. A company that fails to file	11926
the report or does not timely file the report is subject to the	11927
penalty in section 5727.60 of the Revised Code.	11928

(G) Not later than January 1, 2002, the tax commissioner	11929
shall determine for each school district, joint vocational school	11930
district, and local taxing unit its fixed-rate levy loss, which is	11931
the sum of its electric company tax value loss multiplied by the	11932
tax rate in effect in tax year 1998 for fixed-rate levies and its	11933
natural gas company tax value loss multiplied by the tax rate in	11934
effect in tax year 1999 for fixed-rate levies.	11935

(H) Not later than January 1, 2002, the tax commissioner	11936
shall determine for each school district, joint vocational school	11937
district, and local taxing unit its fixed-sum levy loss, which is	11938
the amount obtained by subtracting the amount described in	11939
division (H)(2) of this section from the amount described in	11940
division (H)(1) of this section:	11941

(1) The sum of the electric company tax value loss multiplied	11942
by the tax rate in effect in tax year 1998, and the natural gas	11943
company tax value loss multiplied by the tax rate in effect in tax	11944
year 1999, for fixed-sum levies for all taxing districts within	11945
each school district, joint vocational school district, and local	11946
taxing unit. For the years 2002 through 2006, this computation	11947
shall include school district emergency levies that existed in	11948
1998 in the case of the electric company tax value loss, and 1999	11949
in the case of the natural gas company tax value loss, and all	11950
other fixed-sum levies that existed in 1998 in the case of the	11951
electric company tax value loss and 1999 in the case of the	11952
natural gas company tax value loss and continue to be charged in	11953
the tax year preceding the distribution year. For the years 2007	11954
through 2016 in the case of school district emergency levies, and	11955
for all years after 2006 in the case of all other fixed-sum	11956
levies, this computation shall exclude all fixed-sum levies that	11957
existed in 1998 in the case of the electric company tax value loss	11958
and 1999 in the case of the natural gas company tax value loss,	11959
but are no longer in effect in the tax year preceding the	11960
distribution year. For the purposes of this section, an emergency	11961
levy that existed in 1998 in the case of the electric company tax	11962
value loss, and 1999 in the case of the natural gas company tax	11963
value loss, continues to exist in a year beginning on or after	11964
January 1, 2007, but before January 1, 2017, if, in that year, the	11965
board of education levies a school district emergency levy for an	11966
annual sum at least equal to the annual sum levied by the board in	11967
tax year 1998 or 1999, respectively, less the amount of the	11968
payment certified under this division for 2002.	11969

(2) The total taxable value in tax year 1999 less the tax	11970
value loss in each school district, joint vocational school	11971
district, and local taxing unit multiplied by one-fourth of one	11972
mill.	11973

If the amount computed under division (H) of this section for	11974
any school district, joint vocational school district, or local	11975
taxing unit is greater than zero, that amount shall equal the	11976
fixed-sum levy loss reimbursed pursuant to division (E) of section	11977
5727.85 of the Revised Code or division (A)(2) of section 5727.86	11978
of the Revised Code, and the one-fourth of one mill that is	11979
subtracted under division (H)(2) of this section shall be	11980
apportioned among all contributing fixed-sum levies in the	11981
proportion of each levy to the sum of all fixed-sum levies within	11982
each school district, joint vocational school district, or local	11983
taxing unit.	11984

(I) Notwithstanding divisions (D), (E), (G), and (H) of this	11985
section, in computing the tax value loss, fixed-rate levy loss,	11986
and fixed-sum levy loss, the tax commissioner shall use the	11987
greater of the 1998 tax rate or the 1999 tax rate in the case of	11988
levy losses associated with the electric company tax value loss,	11989
but the 1999 tax rate shall not include for this purpose any tax	11990
levy approved by the voters after June 30, 1999, and the tax	11991
commissioner shall use the greater of the 1999 or the 2000 tax	11992
rate in the case of levy losses associated with the natural gas	11993
company tax value loss.	11994

(J) Not later than January 1, 2002, the tax commissioner	11995
shall certify to the department of education the tax value loss	11996
determined under divisions (D) and (E) of this section for each	11997
taxing district, the fixed-rate levy loss calculated under	11998
division (G) of this section, and the fixed-sum levy loss	11999
calculated under division (H) of this section. The calculations	12000
under divisions (G) and (H) of this section shall separately	12001
display the levy loss for each levy eligible for reimbursement.	12002

(K) Not later than September 1, 2001, the tax commissioner	12003
shall certify the amount of the fixed-sum levy loss to the county	12004
auditor of each county in which a school district with a fixed-sum	12005
levy loss has territory.	12006

Sec. 5729.07.  As used in this section:

12007

(A) "Eligible employee" and "eligible training costs" have	12008
the same meanings as in section 5733.42 of the Revised Code.	12009

(B) "Credit period" means the calendar year ending on the	12010
thirty-first day of December next preceding the day the annual	12011
statement is required to be returned under section 5729.02 of the	12012
Revised Code.	12013

There is hereby allowed a nonrefundable credit against the	12014
tax imposed under this chapter for a foreign insurance company for	12015
which a tax credit certificate is issued under section 5733.42 of	12016
the Revised Code. The credit may be claimed for credit periods	12017
beginning on or after January 1, 2003, and ending on or before	12018
December 31, 20062007. The amount of the credit for the credit	12019
period beginning on January 1, 2003, shall equal one-half of the	12020
average of the eligible training costs paid or incurred by the	12021
company during calendar years 1998, 1999, and 2000, not to exceed	12022
one thousand dollars for each eligible employee on account of whom	12023
eligible training costs were paid or incurred by the company. The	12024
amount of the credit for the credit period beginning on January 1,	12025
2004, shall equal one-half of the average of the eligible training	12026
costs paid or incurred by the company during calendar years 2002,	12027
2003, and 2004, not to exceed one thousand dollars for each	12028
eligible employee on account of whom eligible training costs were	12029
paid or incurred by the company. The amount of the credit for the	12030
credit period beginning on January 1, 2005, shall equal one-half	12031
of the average of the eligible training costs paid or incurred by	12032
the company during calendar years 2003, 2004, and 2005, not to	12033
exceed one thousand dollars for each eligible employee on account	12034
of whom eligible training costs were paid or incurred by the	12035
company. The amount of the credit for the credit period beginning	12036
on January 1, 2006, shall equal one-half of the average of the	12037
eligible training costs paid or incurred by the company during	12038
calendar years 2004, 2005, and 2006, not to exceed one thousand	12039
dollars for each eligible employee on account of whom eligible	12040
training costs were paid or incurred by the company. The amount of	12041
the credit for the credit period beginning on January 1, 2007,	12042
shall equal one-half of the average of the eligible training costs	12043
paid or incurred by the company during calendar years 2005, 2006,	12044
and 2007, not to exceed one thousand dollars for each eligible	12045
employee on account of whom eligible training costs were paid or	12046
incurred by the company.	12047

The credit claimed by a company for each credit period shall	12048
not exceed one hundred thousand dollars.	12049

A foreign insurance company shall apply to the director of	12050
job and family services for a tax credit certificate in the manner	12051
prescribed by division (C) of section 5733.42 of the Revised Code.	12052
Divisions (C) to (H) of that section govern the tax credit allowed	12053
by this section, except that "credit period" shall be substituted	12054
for "tax year with respect to a calendar year" wherever that	12055
phrase appears in those divisions and that the company shall be	12056
considered a taxpayer for the purposes of those divisions.	12057

A foreign insurance company may carry forward the credit	12058
allowed under this section to the extent that the credit exceeds	12059
the company's tax due for the credit period. The company may carry	12060
the excess credit forward for three credit periods following the	12061
credit period for which the credit is first claimed under this	12062
section. The credit allowed by this section is in addition to any	12063
credit allowed under section 5729.031 of the Revised Code.	12064

The reduction in the tax due under this chapter to the extent	12065
of the credit allowed by this section does not increase the amount	12066
of the tax otherwise due under section 5729.06 of the Revised	12067
Code.	12068

Sec. 5733.42.  (A) As used in this section:

12069

(1) "Eligible training program" means a program to provide	12070
job skills to eligible employees who are unable effectively to	12071
function on the job due to skill deficiencies or who would	12072
otherwise be displaced because of their skill deficiencies or	12073
inability to use new technology, or to provide job skills to	12074
eligible employees that enable them to perform other job duties	12075
for the taxpayer. Eligible training programs do not include	12076
executive, management, or personal enrichment training programs,	12077
or training programs intended exclusively for personal career	12078
development.	12079

(2) "Eligible employee" means an individual who is employed	12080
in this state by a taxpayer and has been so employed by the same	12081
taxpayer for at least one hundred eighty consecutive days before	12082
the day an application for the credit is filed under this section.	12083
"Eligible employee" does not include any employee for which a	12084
credit is claimed pursuant to division (A)(5) of section 5709.65	12085
of the Revised Code for all or any part of the same year, an	12086
employee who is not a full-time employee, or executive or	12087
managerial personnel, except for the immediate supervisors of	12088
nonexecutive, nonmanagerial personnel.	12089

(3) "Eligible training costs" means:

12090

(a) Direct instructional costs, such as instructor salaries,	12091
materials and supplies, textbooks and manuals, videotapes, and	12092
other instructional media and training equipment used exclusively	12093
for the purpose of training eligible employees;	12094

(b) Wages paid to eligible employees for time devoted	12095
exclusively to an eligible training program during normal paid	12096
working hours.	12097

(4) "Full-time employee" means an individual who is employed	12098
for consideration for at least thirty-five hours per week, or who	12099
renders any other standard of service generally accepted by custom	12100
or specified by contract as full-time employment.	12101

(5) "Partnership" includes a limited liability company formed	12102
under Chapter 1705. of the Revised Code or under the laws of	12103
another state, provided that the company is not classified for	12104
federal income tax purposes as an association taxable as a	12105
corporation.	12106

(B) There is hereby allowed a nonrefundable credit against	12107
the tax imposed by section 5733.06 of the Revised Code for	12108
taxpayers for which a tax credit certificate is issued under	12109
division (C) of this section. The credit may be claimed for tax	12110
years 2004, 2005, 2006, and 2007, and 2008. The amount of the	12111
credit for tax year 2004 shall equal one-half of the average of	12112
the eligible training costs paid or incurred by the taxpayer	12113
during calendar years 1999, 2000, and 2001, not to exceed one	12114
thousand dollars for each eligible employee on account of whom	12115
eligible training costs were paid or incurred by the taxpayer	12116
during those calendar years. The amount of the credit for tax year	12117
2005 shall equal one-half of the average of the eligible training	12118
costs paid or incurred by the taxpayer during calendar years 2002,	12119
2003, and 2004, not to exceed one thousand dollars for each	12120
eligible employee on account of whom eligible training costs were	12121
paid or incurred by the taxpayer during those calendar years. The	12122
amount of the credit for tax year 2006 shall equal one-half of the	12123
average of the eligible training costs paid or incurred by the	12124
taxpayer during calendar years 2003, 2004, and 2005, not to exceed	12125
one thousand dollars for each eligible employee on account of whom	12126
eligible training costs were paid or incurred by the taxpayer	12127
during those calendar years. The amount of the credit for tax year	12128
2007 shall equal one-half of the average of the eligible training	12129
costs paid or incurred by the taxpayer during calendar years 2004,	12130
2005, and 2006, not to exceed one thousand dollars for each	12131
eligible employee on account of whom eligible training costs were	12132
paid or incurred by the taxpayer during those calendar years. The	12133
amount of the credit for tax year 2008 shall equal one-half of the	12134
average of the eligible training costs paid or incurred by the	12135
taxpayer during calendar years 2005, 2006, and 2007, not to exceed	12136
one thousand dollars for each eligible employee on account of whom	12137
eligible training costs were paid or incurred by the taxpayer	12138
during those calendar years.	12139

The credit claimed by a taxpayer each tax year shall not	12140
exceed one hundred thousand dollars.	12141

(C) A taxpayer who proposes to conduct an eligible training	12142
program may apply to the director of job and family services for a	12143
tax credit certificate under this section. The taxpayer may apply	12144
for such a certificate for tax years 2004, 2005, 2006, and 2007,	12145
and 2008 subject to division (L) of this section. The director	12146
shall prescribe the form of the application, which shall require a	12147
detailed description of the proposed training program. The	12148
director may require applicants to remit an application fee with	12149
each application filed with the director. The fee shall not exceed	12150
the reasonable and necessary expenses incurred by the director in	12151
receiving, reviewing, and approving such applications and issuing	12152
tax credit certificates. Proceeds from fees shall be used solely	12153
for the purpose of receiving, reviewing, and approving such	12154
applications and issuing such certificates.	12155

After receipt of an application, the director shall authorize	12156
a credit under this section by issuing a tax credit certificate,	12157
in the form prescribed by the director, if the director determines	12158
all of the following:	12159

(1) The proposed training program is an eligible training	12160
program under this section;	12161

(2) The proposed training program is economically sound and	12162
will benefit the people of this state by improving workforce	12163
skills and strengthening the economy of this state;	12164

(3) Receiving the tax credit is a major factor in the	12165
taxpayer's decision to go forward with the training program;	12166

(4) Authorization of the credit is consistent with division	12167
(H) of this section.	12168

The credit also is allowed for a taxpayer that is a partner	12169
in a partnership that pays or incurs eligible training costs. Such	12170
a taxpayer shall determine the taxpayer's credit amount in the	12171
manner prescribed by division (K) of this section.	12172

(D) If the director of job and family services denies an	12173
application for a tax credit certificate, the director shall send	12174
notice of the denial and the reason for denial to the applicant by	12175
certified mail, return receipt requested. If the director	12176
determines that an authorized training program, as actually	12177
conducted, fails to meet the requirements of this section or to	12178
comply with any condition set forth in the authorization, the	12179
director may reduce the amount of the tax credit previously	12180
granted. If the director reduces a tax credit, the director shall	12181
send notice of the reduction and the reason for the reduction to	12182
the taxpayer by certified mail, return receipt requested, and	12183
shall certify the reduction to the tax commissioner or, in the	12184
case of the reduction of a credit claimed by an insurance company,	12185
the superintendent of insurance. The tax commissioner or	12186
superintendent of insurance shall reduce the credit that may be	12187
claimed by the taxpayer accordingly. Within sixty days after	12188
receiving a notice of denial or notice of reduction of the tax	12189
credit, an applicant or taxpayer may request, in writing, a	12190
hearing before the director to review the denial or reduction.	12191
Within sixty days after receiving a request that is filed within	12192
the prescribed time, the director shall hold such a hearing at a	12193
location to be determined by the director. Within thirty days	12194
after the hearing is adjourned, the director shall issue a	12195
redetermination affirming, reversing, or modifying the denial or	12196
reduction of the tax credit and send notice of the redetermination	12197
to the applicant or taxpayer by certified mail, return receipt	12198
requested, and shall issue a notice of the redetermination to the	12199
tax commissioner or superintendent of insurance. If an applicant	12200
or taxpayer is aggrieved by the director's redetermination, the	12201
applicant or taxpayer may appeal the redetermination to the board	12202
of tax appeals in the manner prescribed by section 5717.02 of the	12203
Revised Code.	12204

(E) A taxpayer to which a tax credit certificate is issued	12205
shall retain records indicating the eligible training costs it	12206
pays or incurs for the eligible training program for which the	12207
certificate is issued for four years following the end of the tax	12208
year for which the credit is claimed. Such records shall be open	12209
to inspection by the director of job and family services upon the	12210
director's request during business hours.	12211

Financial statements and other information submitted by an	12212
applicant to the director of job and family services for a tax	12213
credit under this section, and any information taken for any	12214
purpose from such statements or information, are not public	12215
records subject to section 149.43 of the Revised Code. However,	12216
the director of job and family services, the tax commissioner, or	12217
superintendent of insurance may make use of the statements and	12218
other information for purposes of issuing public reports or in	12219
connection with court proceedings concerning tax credits allowed	12220
under this section and sections 5725.31, 5729.07, and 5747.39 of	12221
the Revised Code.	12222

(F) The director of job and family services, in accordance	12223
with Chapter 119. of the Revised Code, shall adopt rules necessary	12224
to implement this section and sections 5725.31, 5729.07, and	12225
5747.39 of the Revised Code. The rules shall be adopted after	12226
consultation with the tax commissioner and the superintendent of	12227
insurance. The rules shall require that if a taxpayer to which a	12228
tax credit certificate is issued under any of those sections	12229
permanently relocates or transfers employees trained under the tax	12230
credit certificate to another state or country within two years of	12231
receiving the certificate, the taxpayer shall repay the total	12232
amount of the tax credit received by the taxpayer for any	12233
employees permanently relocated or transferred. At the time the	12234
director gives public notice under division (A) of section 119.03	12235
of the Revised Code of the adoption of the rules, the director	12236
shall submit copies of the proposed rules to the chairpersons and	12237
ranking minority members of the standing committees in the senate	12238
and the house of representatives to which legislation on economic	12239
development matters are customarily referred.	12240

(G) On or before the thirtieth day of September of 2001,	12241
2003, 2004, 2005, 2006, and 2007, and 2008 the director of job and	12242
family services shall submit a report to the governor, the	12243
president of the senate, and the speaker of the house of	12244
representatives on the tax credit program under this section and	12245
sections 5725.31, 5729.07, and 5747.39 of the Revised Code. The	12246
report shall include information on the number of training	12247
programs that were authorized under those sections during the	12248
preceding calendar year, a description of each authorized training	12249
program, the dollar amounts of the credits granted, and an	12250
estimate of the impact of the credits on the economy of this	12251
state.	12252

(H) The aggregate amount of credits authorized under this	12253
section and sections 5725.31, 5729.07, and 5747.39 of the Revised	12254
Code shall not exceed twenty million dollars per calendar year. No	12255
more than ten million dollars in credits per calendar year shall	12256
be authorized for persons engaged primarily in manufacturing. No	12257
less than five million dollars in credits per calendar year shall	12258
be set aside for persons engaged primarily in activities other	12259
than manufacturing and having fewer than five hundred employees.	12260
Subject to such limits, the director of job and family services	12261
shall adopt a rule under division (F) of this section that	12262
establishes criteria and procedures for distribution of the	12263
credits.	12264

(I) A nonrefundable credit allowed under this section shall	12265
be claimed in the order required under section 5733.98 of the	12266
Revised Code.	12267

(J) The taxpayer may carry forward any credit amount in	12268
excess of its tax due after allowing for any other credits that	12269
precede the credit under this section in the order required under	12270
section 5733.98 of the Revised Code. The excess credit may be	12271
carried forward for three years following the tax year for which	12272
it is first claimed under this section.	12273

(K) A taxpayer that is a partner in a partnership on the last	12274
day of the third calendar year of the three-year period during	12275
which the partnership pays or incurs eligible training costs may	12276
claim a credit under this section for the tax year immediately	12277
following that calendar year. The amount of a partner's credit	12278
equals the partner's interest in the partnership on the last day	12279
of such calendar year multiplied by the credit available to the	12280
partnership as computed by the partnership.	12281

(L) The director of job and family services shall not	12282
authorize any credits under this section and sections 5725.31,	12283
5729.07, and 5747.39 of the Revised Code for eligible training	12284
costs paid or incurred after December 31, 20062007.	12285

Sec. 5739.01.  As used in this chapter:

12286

(A) "Person" includes individuals, receivers, assignees,	12287
trustees in bankruptcy, estates, firms, partnerships,	12288
associations, joint-stock companies, joint ventures, clubs,	12289
societies, corporations, the state and its political subdivisions,	12290
and combinations of individuals of any form.	12291

(B) "Sale" and "selling" include all of the following	12292
transactions for a consideration in any manner, whether absolutely	12293
or conditionally, whether for a price or rental, in money or by	12294
exchange, and by any means whatsoever:	12295

(1) All transactions by which title or possession, or both,	12296
of tangible personal property, is or is to be transferred, or a	12297
license to use or consume tangible personal property is or is to	12298
be granted;	12299

(2) All transactions by which lodging by a hotel is or is to	12300
be furnished to transient guests;	12301

(3) All transactions by which:

12302

(a) An item of tangible personal property is or is to be	12303
repaired, except property, the purchase of which would not be	12304
subject to the tax imposed by section 5739.02 of the Revised Code;	12305

(b) An item of tangible personal property is or is to be	12306
installed, except property, the purchase of which would not be	12307
subject to the tax imposed by section 5739.02 of the Revised Code	12308
or property that is or is to be incorporated into and will become	12309
a part of a production, transmission, transportation, or	12310
distribution system for the delivery of a public utility service;	12311

(c) The service of washing, cleaning, waxing, polishing, or	12312
painting a motor vehicle is or is to be furnished;	12313

(d) Until August 1, 2003, industrial laundry cleaning	12314
services are or are to be provided and, on and after August 1,	12315
2003, laundry and dry cleaning services are or are to be provided;	12316

(e) Automatic data processing, computer services, or	12317
electronic information services are or are to be provided for use	12318
in business when the true object of the transaction is the receipt	12319
by the consumer of automatic data processing, computer services,	12320
or electronic information services rather than the receipt of	12321
personal or professional services to which automatic data	12322
processing, computer services, or electronic information services	12323
are incidental or supplemental. Notwithstanding any other	12324
provision of this chapter, such transactions that occur between	12325
members of an affiliated group are not sales. An affiliated group	12326
means two or more persons related in such a way that one person	12327
owns or controls the business operation of another member of the	12328
group. In the case of corporations with stock, one corporation	12329
owns or controls another if it owns more than fifty per cent of	12330
the other corporation's common stock with voting rights.	12331

(f) Telecommunications service, including prepaid calling	12332
service, prepaid wireless calling service, or ancillary service,	12333
is or is to be provided, but not including coin-operated telephone	12334
service;	12335

(g) Landscaping and lawn care service is or is to be	12336
provided;	12337

(h) Private investigation and security service is or is to be	12338
provided;	12339

(i) Information services or tangible personal property is	12340
provided or ordered by means of a nine hundred telephone call;	12341

(j) Building maintenance and janitorial service is or is to	12342
be provided;	12343

(k) Employment service is or is to be provided;

12344

(l) Employment placement service is or is to be provided;

12345

(m) Exterminating service is or is to be provided;

12346

(n) Physical fitness facility service is or is to be	12347
provided;	12348

(o) Recreation and sports club service is or is to be	12349
provided.;	12350

(p) On and after August 1, 2003, satellite broadcasting	12351
service is or is to be provided;	12352

(q) On and after August 1, 2003, personal care service is or	12353
is to be provided to an individual. As used in this division,	12354
"personal care service" includes skin care, the application of	12355
cosmetics, manicuring, pedicuring, hair removal, tattooing, body	12356
piercing, tanning, massage, and other similar services. "Personal	12357
care service" does not include a service provided by or on the	12358
order of a licensed physician or licensed chiropractor, or the	12359
cutting, coloring, or styling of an individual's hair.	12360

(r) On and after August 1, 2003, the transportation of	12361
persons by motor vehicle or aircraft is or is to be provided, when	12362
the transportation is entirely within this state, except for	12363
transportation provided by an ambulance service, by a transit bus,	12364
as defined in section 5735.01 of the Revised Code, and	12365
transportation provided by a citizen of the United States holding	12366
a certificate of public convenience and necessity issued under 49	12367
U.S.C. 41102;	12368

(s) On and after August 1, 2003, motor vehicle towing service	12369
is or is to be provided. As used in this division, "motor vehicle	12370
towing service" means the towing or conveyance of a wrecked,	12371
disabled, or illegally parked motor vehicle.	12372

(t) On and after August 1, 2003, snow removal service is or	12373
is to be provided. As used in this division, "snow removal	12374
service" means the removal of snow by any mechanized means, but	12375
does not include the providing of such service by a person that	12376
has less than five thousand dollars in sales of such service	12377
during the calendar year.	12378

(4) All transactions by which printed, imprinted,	12379
overprinted, lithographic, multilithic, blueprinted, photostatic,	12380
or other productions or reproductions of written or graphic matter	12381
are or are to be furnished or transferred;	12382

(5) The production or fabrication of tangible personal	12383
property for a consideration for consumers who furnish either	12384
directly or indirectly the materials used in the production of	12385
fabrication work; and include the furnishing, preparing, or	12386
serving for a consideration of any tangible personal property	12387
consumed on the premises of the person furnishing, preparing, or	12388
serving such tangible personal property. Except as provided in	12389
section 5739.03 of the Revised Code, a construction contract	12390
pursuant to which tangible personal property is or is to be	12391
incorporated into a structure or improvement on and becoming a	12392
part of real property is not a sale of such tangible personal	12393
property. The construction contractor is the consumer of such	12394
tangible personal property, provided that the sale and	12395
installation of carpeting, the sale and installation of	12396
agricultural land tile, the sale and erection or installation of	12397
portable grain bins, or the provision of landscaping and lawn care	12398
service and the transfer of property as part of such service is	12399
never a construction contract.	12400

As used in division (B)(5) of this section:

12401

(a) "Agricultural land tile" means fired clay or concrete	12402
tile, or flexible or rigid perforated plastic pipe or tubing,	12403
incorporated or to be incorporated into a subsurface drainage	12404
system appurtenant to land used or to be used directly in	12405
production by farming, agriculture, horticulture, or floriculture.	12406
The term does not include such materials when they are or are to	12407
be incorporated into a drainage system appurtenant to a building	12408
or structure even if the building or structure is used or to be	12409
used in such production.	12410

(b) "Portable grain bin" means a structure that is used or to	12411
be used by a person engaged in farming or agriculture to shelter	12412
the person's grain and that is designed to be disassembled without	12413
significant damage to its component parts.	12414

(6) All transactions in which all of the shares of stock of a	12415
closely held corporation are transferred, if the corporation is	12416
not engaging in business and its entire assets consist of boats,	12417
planes, motor vehicles, or other tangible personal property	12418
operated primarily for the use and enjoyment of the shareholders;	12419

(7) All transactions in which a warranty, maintenance or	12420
service contract, or similar agreement by which the vendor of the	12421
warranty, contract, or agreement agrees to repair or maintain the	12422
tangible personal property of the consumer is or is to be	12423
provided;	12424

(8) The transfer of copyrighted motion picture films used	12425
solely for advertising purposes, except that the transfer of such	12426
films for exhibition purposes is not a sale.	12427

(9) On and after August 1, 2003, all transactions by which	12428
tangible personal property is or is to be stored, except such	12429
property that the consumer of the storage holds for sale in the	12430
regular course of business.	12431

Except as provided in this section, "sale" and "selling" do	12432
not include transfers of interest in leased property where the	12433
original lessee and the terms of the original lease agreement	12434
remain unchanged, or professional, insurance, or personal service	12435
transactions that involve the transfer of tangible personal	12436
property as an inconsequential element, for which no separate	12437
charges are made.	12438

(C) "Vendor" means the person providing the service or by	12439
whom the transfer effected or license given by a sale is or is to	12440
be made or given and, for sales described in division (B)(3)(i) of	12441
this section, the telecommunications service vendor that provides	12442
the nine hundred telephone service; if two or more persons are	12443
engaged in business at the same place of business under a single	12444
trade name in which all collections on account of sales by each	12445
are made, such persons shall constitute a single vendor.	12446

Physicians, dentists, hospitals, and veterinarians who are	12447
engaged in selling tangible personal property as received from	12448
others, such as eyeglasses, mouthwashes, dentifrices, or similar	12449
articles, are vendors. Veterinarians who are engaged in	12450
transferring to others for a consideration drugs, the dispensing	12451
of which does not require an order of a licensed veterinarian or	12452
physician under federal law, are vendors.	12453

(D)(1) "Consumer" means the person for whom the service is	12454
provided, to whom the transfer effected or license given by a sale	12455
is or is to be made or given, to whom the service described in	12456
division (B)(3)(f) or (i) of this section is charged, or to whom	12457
the admission is granted.	12458

(2) Physicians, dentists, hospitals, and blood banks operated	12459
by nonprofit institutions and persons licensed to practice	12460
veterinary medicine, surgery, and dentistry are consumers of all	12461
tangible personal property and services purchased by them in	12462
connection with the practice of medicine, dentistry, the rendition	12463
of hospital or blood bank service, or the practice of veterinary	12464
medicine, surgery, and dentistry. In addition to being consumers	12465
of drugs administered by them or by their assistants according to	12466
their direction, veterinarians also are consumers of drugs that	12467
under federal law may be dispensed only by or upon the order of a	12468
licensed veterinarian or physician, when transferred by them to	12469
others for a consideration to provide treatment to animals as	12470
directed by the veterinarian.	12471

(3) A person who performs a facility management, or similar	12472
service contract for a contractee is a consumer of all tangible	12473
personal property and services purchased for use in connection	12474
with the performance of such contract, regardless of whether title	12475
to any such property vests in the contractee. The purchase of such	12476
property and services is not subject to the exception for resale	12477
under division (E)(1) of this section.	12478

(4)(a) In the case of a person who purchases printed matter	12479
for the purpose of distributing it or having it distributed to the	12480
public or to a designated segment of the public, free of charge,	12481
that person is the consumer of that printed matter, and the	12482
purchase of that printed matter for that purpose is a sale.	12483

(b) In the case of a person who produces, rather than	12484
purchases, printed matter for the purpose of distributing it or	12485
having it distributed to the public or to a designated segment of	12486
the public, free of charge, that person is the consumer of all	12487
tangible personal property and services purchased for use or	12488
consumption in the production of that printed matter. That person	12489
is not entitled to claim exemption under division (B)(42)(f) of	12490
section 5739.02 of the Revised Code for any material incorporated	12491
into the printed matter or any equipment, supplies, or services	12492
primarily used to produce the printed matter.	12493

(c) The distribution of printed matter to the public or to a	12494
designated segment of the public, free of charge, is not a sale to	12495
the members of the public to whom the printed matter is	12496
distributed or to any persons who purchase space in the printed	12497
matter for advertising or other purposes.	12498

(5) A person who makes sales of any of the services listed in	12499
division (B)(3) of this section is the consumer of any tangible	12500
personal property used in performing the service. The purchase of	12501
that property is not subject to the resale exception under	12502
division (E)(1) of this section.	12503

(6) A person who engages in highway transportation for hire	12504
is the consumer of all packaging materials purchased by that	12505
person and used in performing the service, except for packaging	12506
materials sold by such person in a transaction separate from the	12507
service.	12508

(E) "Retail sale" and "sales at retail" include all sales,	12509
except those in which the purpose of the consumer is to resell the	12510
thing transferred or benefit of the service provided, by a person	12511
engaging in business, in the form in which the same is, or is to	12512
be, received by the person.	12513

(F) "Business" includes any activity engaged in by any person	12514
with the object of gain, benefit, or advantage, either direct or	12515
indirect. "Business" does not include the activity of a person in	12516
managing and investing the person's own funds.	12517

(G) "Engaging in business" means commencing, conducting, or	12518
continuing in business, and liquidating a business when the	12519
liquidator thereof holds itself out to the public as conducting	12520
such business. Making a casual sale is not engaging in business.	12521

(H)(1)(a) "Price," except as provided in divisions (H)(2) and	12522
(3) of this section, means the total amount of consideration,	12523
including cash, credit, property, and services, for which tangible	12524
personal property or services are sold, leased, or rented, valued	12525
in money, whether received in money or otherwise, without any	12526
deduction for any of the following:	12527

(i) The vendor's cost of the property sold;

12528

(ii) The cost of materials used, labor or service costs,	12529
interest, losses, all costs of transportation to the vendor, all	12530
taxes imposed on the vendor, including the tax imposed under	12531
Chapter 5751. of the Revised Code, and any other expense of the	12532
vendor;	12533

(iii) Charges by the vendor for any services necessary to	12534
complete the sale;	12535

(iv) On and after August 1, 2003, delivery charges. As used	12536
in this division, "delivery charges" means charges by the vendor	12537
for preparation and delivery to a location designated by the	12538
consumer of tangible personal property or a service, including	12539
transportation, shipping, postage, handling, crating, and packing.	12540

(v) Installation charges;

12541

(vi) Credit for any trade-in.

12542

(b) "Price" includes consideration received by the vendor	12543
from a third party, if the vendor actually receives the	12544
consideration from a party other than the consumer, and the	12545
consideration is directly related to a price reduction or discount	12546
on the sale; the vendor has an obligation to pass the price	12547
reduction or discount through to the consumer; the amount of the	12548
consideration attributable to the sale is fixed and determinable	12549
by the vendor at the time of the sale of the item to the consumer;	12550
and one of the following criteria is met:	12551

(i) The consumer presents a coupon, certificate, or other	12552
document to the vendor to claim a price reduction or discount	12553
where the coupon, certificate, or document is authorized,	12554
distributed, or granted by a third party with the understanding	12555
that the third party will reimburse any vendor to whom the coupon,	12556
certificate, or document is presented;	12557

(ii) The consumer identifies the consumer's self to the	12558
seller as a member of a group or organization entitled to a price	12559
reduction or discount. A preferred customer card that is available	12560
to any patron does not constitute membership in such a group or	12561
organization.	12562

(iii) The price reduction or discount is identified as a	12563
third party price reduction or discount on the invoice received by	12564
the consumer, or on a coupon, certificate, or other document	12565
presented by the consumer.	12566

(c) "Price" does not include any of the following:

12567

(i) Discounts, including cash, term, or coupons that are not	12568
reimbursed by a third party that are allowed by a vendor and taken	12569
by a consumer on a sale;	12570

(ii) Interest, financing, and carrying charges from credit	12571
extended on the sale of tangible personal property or services, if	12572
the amount is separately stated on the invoice, bill of sale, or	12573
similar document given to the purchaser;	12574

(iii) Any taxes legally imposed directly on the consumer that	12575
are separately stated on the invoice, bill of sale, or similar	12576
document given to the consumer. For the purpose of this division,	12577
the tax imposed under Chapter 5751. of the Revised Code is not a	12578
tax directly on the consumer, even if the tax or a portion thereof	12579
is separately stated.	12580

(iv) Notwithstanding divisions (H)(1)(b)(i) to (iii) of this	12581
section, any discount allowed by an automobile manufacturer to its	12582
employee, or to the employee of a supplier, on the purchase of a	12583
new motor vehicle from a new motor vehicle dealer in this state.	12584

(2) In the case of a sale of any new motor vehicle by a new	12585
motor vehicle dealer, as defined in section 4517.01 of the Revised	12586
Code, in which another motor vehicle is accepted by the dealer as	12587
part of the consideration received, "price" has the same meaning	12588
as in division (H)(1) of this section, reduced by the credit	12589
afforded the consumer by the dealer for the motor vehicle received	12590
in trade.	12591

(3) In the case of a sale of any watercraft or outboard motor	12592
by a watercraft dealer licensed in accordance with section	12593
1547.543 of the Revised Code, in which another watercraft,	12594
watercraft and trailer, or outboard motor is accepted by the	12595
dealer as part of the consideration received, "price" has the same	12596
meaning as in division (H)(1) of this section, reduced by the	12597
credit afforded the consumer by the dealer for the watercraft,	12598
watercraft and trailer, or outboard motor received in trade. As	12599
used in this division, "watercraft" includes an outdrive unit	12600
attached to the watercraft.	12601

(I) "Receipts" means the total amount of the prices of the	12602
sales of vendors, provided that cash discounts allowed and taken	12603
on sales at the time they are consummated are not included, minus	12604
any amount deducted as a bad debt pursuant to section 5739.121 of	12605
the Revised Code. "Receipts" does not include the sale price of	12606
property returned or services rejected by consumers when the full	12607
sale price and tax are refunded either in cash or by credit.	12608

(J) "Place of business" means any location at which a person	12609
engages in business.	12610

(K) "Premises" includes any real property or portion thereof	12611
upon which any person engages in selling tangible personal	12612
property at retail or making retail sales and also includes any	12613
real property or portion thereof designated for, or devoted to,	12614
use in conjunction with the business engaged in by such person.	12615

(L) "Casual sale" means a sale of an item of tangible	12616
personal property that was obtained by the person making the sale,	12617
through purchase or otherwise, for the person's own use and was	12618
previously subject to any state's taxing jurisdiction on its sale	12619
or use, and includes such items acquired for the seller's use that	12620
are sold by an auctioneer employed directly by the person for such	12621
purpose, provided the location of such sales is not the	12622
auctioneer's permanent place of business. As used in this	12623
division, "permanent place of business" includes any location	12624
where such auctioneer has conducted more than two auctions during	12625
the year.	12626

(M) "Hotel" means every establishment kept, used, maintained,	12627
advertised, or held out to the public to be a place where sleeping	12628
accommodations are offered to guests, in which five or more rooms	12629
are used for the accommodation of such guests, whether the rooms	12630
are in one or several structures.	12631

(N) "Transient guests" means persons occupying a room or	12632
rooms for sleeping accommodations for less than thirty consecutive	12633
days.	12634

(O) "Making retail sales" means the effecting of transactions	12635
wherein one party is obligated to pay the price and the other	12636
party is obligated to provide a service or to transfer title to or	12637
possession of the item sold. "Making retail sales" does not	12638
include the preliminary acts of promoting or soliciting the retail	12639
sales, other than the distribution of printed matter which	12640
displays or describes and prices the item offered for sale, nor	12641
does it include delivery of a predetermined quantity of tangible	12642
personal property or transportation of property or personnel to or	12643
from a place where a service is performed, regardless of whether	12644
the vendor is a delivery vendor.	12645

(P) "Used directly in the rendition of a public utility	12646
service" means that property that is to be incorporated into and	12647
will become a part of the consumer's production, transmission,	12648
transportation, or distribution system and that retains its	12649
classification as tangible personal property after such	12650
incorporation; fuel or power used in the production, transmission,	12651
transportation, or distribution system; and tangible personal	12652
property used in the repair and maintenance of the production,	12653
transmission, transportation, or distribution system, including	12654
only such motor vehicles as are specially designed and equipped	12655
for such use. Tangible personal property and services used	12656
primarily in providing highway transportation for hire are not	12657
used directly in the rendition of a public utility service. In	12658
this definition, "public utility" includes a citizen of the United	12659
States holding, and required to hold, a certificate of public	12660
convenience and necessity issued under 49 U.S.C. 41102.	12661

(Q) "Refining" means removing or separating a desirable	12662
product from raw or contaminated materials by distillation or	12663
physical, mechanical, or chemical processes.	12664

(R) "Assembly" and "assembling" mean attaching or fitting	12665
together parts to form a product, but do not include packaging a	12666
product.	12667

(S) "Manufacturing operation" means a process in which	12668
materials are changed, converted, or transformed into a different	12669
state or form from which they previously existed and includes	12670
refining materials, assembling parts, and preparing raw materials	12671
and parts by mixing, measuring, blending, or otherwise committing	12672
such materials or parts to the manufacturing process.	12673
"Manufacturing operation" does not include packaging.	12674

(T) "Fiscal officer" means, with respect to a regional	12675
transit authority, the secretary-treasurer thereof, and with	12676
respect to a county that is a transit authority, the fiscal	12677
officer of the county transit board if one is appointed pursuant	12678
to section 306.03 of the Revised Code or the county auditor if the	12679
board of county commissioners operates the county transit system.	12680

(U) "Transit authority" means a regional transit authority	12681
created pursuant to section 306.31 of the Revised Code or a county	12682
in which a county transit system is created pursuant to section	12683
306.01 of the Revised Code. For the purposes of this chapter, a	12684
transit authority must extend to at least the entire area of a	12685
single county. A transit authority that includes territory in more	12686
than one county must include all the area of the most populous	12687
county that is a part of such transit authority. County population	12688
shall be measured by the most recent census taken by the United	12689
States census bureau.	12690

(V) "Legislative authority" means, with respect to a regional	12691
transit authority, the board of trustees thereof, and with respect	12692
to a county that is a transit authority, the board of county	12693
commissioners.	12694

(W) "Territory of the transit authority" means all of the	12695
area included within the territorial boundaries of a transit	12696
authority as they from time to time exist. Such territorial	12697
boundaries must at all times include all the area of a single	12698
county or all the area of the most populous county that is a part	12699
of such transit authority. County population shall be measured by	12700
the most recent census taken by the United States census bureau.	12701

(X) "Providing a service" means providing or furnishing	12702
anything described in division (B)(3) of this section for	12703
consideration.	12704

(Y)(1)(a) "Automatic data processing" means processing of	12705
others' data, including keypunching or similar data entry services	12706
together with verification thereof, or providing access to	12707
computer equipment for the purpose of processing data.	12708

(b) "Computer services" means providing services consisting	12709
of specifying computer hardware configurations and evaluating	12710
technical processing characteristics, computer programming, and	12711
training of computer programmers and operators, provided in	12712
conjunction with and to support the sale, lease, or operation of	12713
taxable computer equipment or systems.	12714

(c) "Electronic information services" means providing access	12715
to computer equipment by means of telecommunications equipment for	12716
the purpose of either of the following:	12717

(i) Examining or acquiring data stored in or accessible to	12718
the computer equipment;	12719

(ii) Placing data into the computer equipment to be retrieved	12720
by designated recipients with access to the computer equipment.	12721

(d) "Automatic data processing, computer services, or	12722
electronic information services" shall not include personal or	12723
professional services.	12724

(2) As used in divisions (B)(3)(e) and (Y)(1) of this	12725
section, "personal and professional services" means all services	12726
other than automatic data processing, computer services, or	12727
electronic information services, including but not limited to:	12728

(a) Accounting and legal services such as advice on tax	12729
matters, asset management, budgetary matters, quality control,	12730
information security, and auditing and any other situation where	12731
the service provider receives data or information and studies,	12732
alters, analyzes, interprets, or adjusts such material;	12733

(b) Analyzing business policies and procedures;

12734

(c) Identifying management information needs;

12735

(d) Feasibility studies, including economic and technical	12736
analysis of existing or potential computer hardware or software	12737
needs and alternatives;	12738

(e) Designing policies, procedures, and custom software for	12739
collecting business information, and determining how data should	12740
be summarized, sequenced, formatted, processed, controlled, and	12741
reported so that it will be meaningful to management;	12742

(f) Developing policies and procedures that document how	12743
business events and transactions are to be authorized, executed,	12744
and controlled;	12745

(g) Testing of business procedures;

12746

(h) Training personnel in business procedure applications;

12747

(i) Providing credit information to users of such information	12748
by a consumer reporting agency, as defined in the "Fair Credit	12749
Reporting Act," 84 Stat. 1114, 1129 (1970), 15 U.S.C. 1681a(f), or	12750
as hereafter amended, including but not limited to gathering,	12751
organizing, analyzing, recording, and furnishing such information	12752
by any oral, written, graphic, or electronic medium;	12753

(j) Providing debt collection services by any oral, written,	12754
graphic, or electronic means.	12755

The services listed in divisions (Y)(2)(a) to (j) of this	12756
section are not automatic data processing or computer services.	12757

(Z) "Highway transportation for hire" means the	12758
transportation of personal property belonging to others for	12759
consideration by any of the following:	12760

(1) The holder of a permit or certificate issued by this	12761
state or the United States authorizing the holder to engage in	12762
transportation of personal property belonging to others for	12763
consideration over or on highways, roadways, streets, or any	12764
similar public thoroughfare;	12765

(2) A person who engages in the transportation of personal	12766
property belonging to others for consideration over or on	12767
highways, roadways, streets, or any similar public thoroughfare	12768
but who could not have engaged in such transportation on December	12769
11, 1985, unless the person was the holder of a permit or	12770
certificate of the types described in division (Z)(1) of this	12771
section;	12772

(3) A person who leases a motor vehicle to and operates it	12773
for a person described by division (Z)(1) or (2) of this section.	12774

(AA)(1) "Telecommunications service" means the electronic	12775
transmission, conveyance, or routing of voice, data, audio, video,	12776
or any other information or signals to a point, or between or	12777
among points. "Telecommunications service" includes such	12778
transmission, conveyance, or routing in which computer processing	12779
applications are used to act on the form, code, or protocol of the	12780
content for purposes of transmission, conveyance, or routing	12781
without regard to whether the service is referred to as voice-over	12782
internet protocol service or is classified by the federal	12783
communications commission as enhanced or value-added.	12784
"Telecommunications service" does not include any of the	12785
following:	12786

(a) Data processing and information services that allow data	12787
to be generated, acquired, stored, processed, or retrieved and	12788
delivered by an electronic transmission to a consumer where the	12789
consumer's primary purpose for the underlying transaction is the	12790
processed data or information;	12791

(b) Installation or maintenance of wiring or equipment on a	12792
customer's premises;	12793

(c) Tangible personal property;

12794

(d) Advertising, including directory advertising;

12795

(e) Billing and collection services provided to third	12796
parties;	12797

(f) Internet access service;

12798

(g) Radio and television audio and video programming	12799
services, regardless of the medium, including the furnishing of	12800
transmission, conveyance, and routing of such services by the	12801
programming service provider. Radio and television audio and video	12802
programming services include, but are not limited to, cable	12803
service, as defined in 47 U.S.C. 522(6), and audio and video	12804
programming services delivered by commercial mobile radio service	12805
providers, as defined in 47 C.F.R. 20.3;	12806

(h) Ancillary service;

12807

(i) Digital products delivered electronically, including	12808
software, music, video, reading materials, or ring tones.	12809

(2) "Ancillary service" means a service that is associated	12810
with or incidental to the provision of telecommunications service,	12811
including conference bridging service, detailed telecommunications	12812
billing service, directory assistance, vertical service, and voice	12813
mail service. As used in this division:	12814

(a) "Conference bridging service" means an ancillary service	12815
that links two or more participants of an audio or video	12816
conference call, including providing a telephone number.	12817
"Conference bridging service" does not include telecommunications	12818
services used to reach the conference bridge.	12819

(b) "Detailed telecommunications billing service" means an	12820
ancillary service of separately stating information pertaining to	12821
individual calls on a customer's billing statement.	12822

(c) "Directory assistance" means an ancillary service of	12823
providing telephone number or address information.	12824

(d) "Vertical service" means an ancillary service that is	12825
offered in connection with one or more telecommunications	12826
services, which offers advanced calling features that allow	12827
customers to identify callers and manage multiple calls and call	12828
connections, including conference bridging service.	12829

(e) "Voice mail service" means an ancillary service that	12830
enables the customer to store, send, or receive recorded messages.	12831
"Voice mail service" does not include any vertical services that	12832
the customer may be required to have in order to utilize the voice	12833
mail service.	12834

(3) "900 service" means an inbound toll telecommunications	12835
service purchased by a subscriber that allows the subscriber's	12836
customers to call in to the subscriber's prerecorded announcement	12837
or live service, and which is typically marketed under the name	12838
"900" service and any subsequent numbers designated by the federal	12839
communications commission. "900 service" does not include the	12840
charge for collection services provided by the seller of the	12841
telecommunications service to the subscriber, or services or	12842
products sold by the subscriber to the subscriber's customer.	12843

(4) "Prepaid calling service" means the right to access	12844
exclusively telecommunications services, which must be paid for in	12845
advance and which enables the origination of calls using an access	12846
number or authorization code, whether manually or electronically	12847
dialed, and that is sold in predetermined units of dollars of	12848
which the number declines with use in a known amount.	12849

(5) "Prepaid wireless calling service" means a	12850
telecommunications service that provides the right to utilize	12851
mobile telecommunications service as well as other	12852
non-telecommunications services, including the download of digital	12853
products delivered electronically, and content and ancillary	12854
services, that must be paid for in advance and that is sold in	12855
predetermined units of dollars of which the number declines with	12856
use in a known amount.	12857

(6) "Value-added non-voice data service" means a	12858
telecommunications service in which computer processing	12859
applications are used to act on the form, content, code, or	12860
protocol of the information or data primarily for a purpose other	12861
than transmission, conveyance, or routing.	12862

(7) "Coin-operated telephone service" means a	12863
telecommunications service paid for by inserting money into a	12864
telephone accepting direct deposits of money to operate.	12865

(8) "Customer" has the same meaning as in section 5739.034 of	12866
the Revised Code.	12867

(BB) "Laundry and dry cleaning services" means removing soil	12868
or dirt from towels, linens, articles of clothing, or other fabric	12869
items that belong to others and supplying towels, linens, articles	12870
of clothing, or other fabric items. "Laundry and dry cleaning	12871
services" does not include the provision of self-service	12872
facilities for use by consumers to remove soil or dirt from	12873
towels, linens, articles of clothing, or other fabric items.	12874

(CC) "Magazines distributed as controlled circulation	12875
publications" means magazines containing at least twenty-four	12876
pages, at least twenty-five per cent editorial content, issued at	12877
regular intervals four or more times a year, and circulated	12878
without charge to the recipient, provided that such magazines are	12879
not owned or controlled by individuals or business concerns which	12880
conduct such publications as an auxiliary to, and essentially for	12881
the advancement of the main business or calling of, those who own	12882
or control them.	12883

(DD) "Landscaping and lawn care service" means the services	12884
of planting, seeding, sodding, removing, cutting, trimming,	12885
pruning, mulching, aerating, applying chemicals, watering,	12886
fertilizing, and providing similar services to establish, promote,	12887
or control the growth of trees, shrubs, flowers, grass, ground	12888
cover, and other flora, or otherwise maintaining a lawn or	12889
landscape grown or maintained by the owner for ornamentation or	12890
other nonagricultural purpose. However, "landscaping and lawn care	12891
service" does not include the providing of such services by a	12892
person who has less than five thousand dollars in sales of such	12893
services during the calendar year.	12894

(EE) "Private investigation and security service" means the	12895
performance of any activity for which the provider of such service	12896
is required to be licensed pursuant to Chapter 4749. of the	12897
Revised Code, or would be required to be so licensed in performing	12898
such services in this state, and also includes the services of	12899
conducting polygraph examinations and of monitoring or overseeing	12900
the activities on or in, or the condition of, the consumer's home,	12901
business, or other facility by means of electronic or similar	12902
monitoring devices. "Private investigation and security service"	12903
does not include special duty services provided by off-duty police	12904
officers, deputy sheriffs, and other peace officers regularly	12905
employed by the state or a political subdivision.	12906

(FF) "Information services" means providing conversation,	12907
giving consultation or advice, playing or making a voice or other	12908
recording, making or keeping a record of the number of callers,	12909
and any other service provided to a consumer by means of a nine	12910
hundred telephone call, except when the nine hundred telephone	12911
call is the means by which the consumer makes a contribution to a	12912
recognized charity.	12913

(GG) "Research and development" means designing, creating, or	12914
formulating new or enhanced products, equipment, or manufacturing	12915
processes, and also means conducting scientific or technological	12916
inquiry and experimentation in the physical sciences with the goal	12917
of increasing scientific knowledge which may reveal the bases for	12918
new or enhanced products, equipment, or manufacturing processes.	12919

(HH) "Qualified research and development equipment" means	12920
capitalized tangible personal property, and leased personal	12921
property that would be capitalized if purchased, used by a person	12922
primarily to perform research and development. Tangible personal	12923
property primarily used in testing, as defined in division (A)(4)	12924
of section 5739.011 of the Revised Code, or used for recording or	12925
storing test results, is not qualified research and development	12926
equipment unless such property is primarily used by the consumer	12927
in testing the product, equipment, or manufacturing process being	12928
created, designed, or formulated by the consumer in the research	12929
and development activity or in recording or storing such test	12930
results.	12931

(II) "Building maintenance and janitorial service" means	12932
cleaning the interior or exterior of a building and any tangible	12933
personal property located therein or thereon, including any	12934
services incidental to such cleaning for which no separate charge	12935
is made. However, "building maintenance and janitorial service"	12936
does not include the providing of such service by a person who has	12937
less than five thousand dollars in sales of such service during	12938
the calendar year.	12939

(JJ) "Employment service" means providing or supplying	12940
personnel, on a temporary or long-term basis, to perform work or	12941
labor under the supervision or control of another, when the	12942
personnel so supplied receive their wages, salary, or other	12943
compensation from the provider of the service. "Employment	12944
service" does not include:	12945

(1) Acting as a contractor or subcontractor, where the	12946
personnel performing the work are not under the direct control of	12947
the purchaser.	12948

(2) Medical and health care services.

12949

(3) Supplying personnel to a purchaser pursuant to a contract	12950
of at least one year between the service provider and the	12951
purchaser that specifies that each employee covered under the	12952
contract is assigned to the purchaser on a permanent basis.	12953

(4) Transactions between members of an affiliated group, as	12954
defined in division (B)(3)(e) of this section.	12955

(KK) "Employment placement service" means locating or finding	12956
employment for a person or finding or locating an employee to fill	12957
an available position.	12958

(LL) "Exterminating service" means eradicating or attempting	12959
to eradicate vermin infestations from a building or structure, or	12960
the area surrounding a building or structure, and includes	12961
activities to inspect, detect, or prevent vermin infestation of a	12962
building or structure.	12963

(MM) "Physical fitness facility service" means all	12964
transactions by which a membership is granted, maintained, or	12965
renewed, including initiation fees, membership dues, renewal fees,	12966
monthly minimum fees, and other similar fees and dues, by a	12967
physical fitness facility such as an athletic club, health spa, or	12968
gymnasium, which entitles the member to use the facility for	12969
physical exercise.	12970

(NN) "Recreation and sports club service" means all	12971
transactions by which a membership is granted, maintained, or	12972
renewed, including initiation fees, membership dues, renewal fees,	12973
monthly minimum fees, and other similar fees and dues, by a	12974
recreation and sports club, which entitles the member to use the	12975
facilities of the organization. "Recreation and sports club" means	12976
an organization that has ownership of, or controls or leases on a	12977
continuing, long-term basis, the facilities used by its members	12978
and includes an aviation club, gun or shooting club, yacht club,	12979
card club, swimming club, tennis club, golf club, country club,	12980
riding club, amateur sports club, or similar organization.	12981

(OO) "Livestock" means farm animals commonly raised for food	12982
or food production, and includes but is not limited to cattle,	12983
sheep, goats, swine, and poultry. "Livestock" does not include	12984
invertebrates, fish, amphibians, reptiles, horses, domestic pets,	12985
animals for use in laboratories or for exhibition, or other	12986
animals not commonly raised for food or food production.	12987

(PP) "Livestock structure" means a building or structure used	12988
exclusively for the housing, raising, feeding, or sheltering of	12989
livestock, and includes feed storage or handling structures and	12990
structures for livestock waste handling.	12991

(QQ) "Horticulture" means the growing, cultivation, and	12992
production of flowers, fruits, herbs, vegetables, sod, mushrooms,	12993
and nursery stock. As used in this division, "nursery stock" has	12994
the same meaning as in section 927.51 of the Revised Code.	12995

(RR) "Horticulture structure" means a building or structure	12996
used exclusively for the commercial growing, raising, or	12997
overwintering of horticultural products, and includes the area	12998
used for stocking, storing, and packing horticultural products	12999
when done in conjunction with the production of those products.	13000

(SS) "Newspaper" means an unbound publication bearing a title	13001
or name that is regularly published, at least as frequently as	13002
biweekly, and distributed from a fixed place of business to the	13003
public in a specific geographic area, and that contains a	13004
substantial amount of news matter of international, national, or	13005
local events of interest to the general public.	13006

(TT) "Professional racing team" means a person that employs	13007
at least twenty full-time employees for the purpose of conducting	13008
a motor vehicle racing business for profit. The person must	13009
conduct the business with the purpose of racing one or more motor	13010
racing vehicles in at least ten competitive professional racing	13011
events each year that comprise all or part of a motor racing	13012
series sanctioned by one or more motor racing sanctioning	13013
organizations. A "motor racing vehicle" means a vehicle for which	13014
the chassis, engine, and parts are designed exclusively for motor	13015
racing, and does not include a stock or production model vehicle	13016
that may be modified for use in racing. For the purposes of this	13017
division:	13018

(1) A "competitive professional racing event" is a motor	13019
vehicle racing event sanctioned by one or more motor racing	13020
sanctioning organizations, at which aggregate cash prizes in	13021
excess of eight hundred thousand dollars are awarded to the	13022
competitors.	13023

(2) "Full-time employee" means an individual who is employed	13024
for consideration for thirty-five or more hours a week, or who	13025
renders any other standard of service generally accepted by custom	13026
or specified by contract as full-time employment.	13027

(UU)(1) "Lease" or "rental" means any transfer of the	13028
possession or control of tangible personal property for a fixed or	13029
indefinite term, for consideration. "Lease" or "rental" includes	13030
future options to purchase or extend, and agreements described in	13031
26 U.S.C. 7701(h)(1) covering motor vehicles and trailers where	13032
the amount of consideration may be increased or decreased by	13033
reference to the amount realized upon the sale or disposition of	13034
the property. "Lease" or "rental" does not include:	13035

(a) A transfer of possession or control of tangible personal	13036
property under a security agreement or a deferred payment plan	13037
that requires the transfer of title upon completion of the	13038
required payments;	13039

(b) A transfer of possession or control of tangible personal	13040
property under an agreement that requires the transfer of title	13041
upon completion of required payments and payment of an option	13042
price that does not exceed the greater of one hundred dollars or	13043
one per cent of the total required payments;	13044

(c) Providing tangible personal property along with an	13045
operator for a fixed or indefinite period of time, if the operator	13046
is necessary for the property to perform as designed. For purposes	13047
of this division, the operator must do more than maintain,	13048
inspect, or set-up the tangible personal property.	13049

(2) "Lease" and "rental," as defined in division (UU) of this	13050
section, shall not apply to leases or rentals that exist before	13051
June 26, 2003.	13052

(3) "Lease" and "rental" have the same meaning as in division	13053
(UU)(1) of this section regardless of whether a transaction is	13054
characterized as a lease or rental under generally accepted	13055
accounting principles, the Internal Revenue Code, Title XIII of	13056
the Revised Code, or other federal, state, or local laws.	13057

(VV) "Mobile telecommunications service" has the same meaning	13058
as in the "Mobile Telecommunications Sourcing Act," Pub. L. No.	13059
106-252, 114 Stat. 631 (2000), 4 U.S.C.A. 124(7), as amended, and,	13060
on and after August 1, 2003, includes related fees and ancillary	13061
services, including universal service fees, detailed billing	13062
service, directory assistance, service initiation, voice mail	13063
service, and vertical services, such as caller ID and three-way	13064
calling.	13065

(WW) "Certified service provider" has the same meaning as in	13066
section 5740.01 of the Revised Code.	13067

(XX) "Satellite broadcasting service" means the distribution	13068
or broadcasting of programming or services by satellite directly	13069
to the subscriber's receiving equipment without the use of ground	13070
receiving or distribution equipment, except the subscriber's	13071
receiving equipment or equipment used in the uplink process to the	13072
satellite, and includes all service and rental charges, premium	13073
channels or other special services, installation and repair	13074
service charges, and any other charges having any connection with	13075
the provision of the satellite broadcasting service.	13076

(YY) "Tangible personal property" means personal property	13077
that can be seen, weighed, measured, felt, or touched, or that is	13078
in any other manner perceptible to the senses. For purposes of	13079
this chapter and Chapter 5741. of the Revised Code, "tangible	13080
personal property" includes motor vehicles, electricity, water,	13081
gas, steam, and prewritten computer software.	13082

(ZZ) "Direct mail" means printed material delivered or	13083
distributed by United States mail or other delivery service to a	13084
mass audience or to addressees on a mailing list provided by the	13085
consumer or at the direction of the consumer when the cost of the	13086
items are not billed directly to the recipients. "Direct mail"	13087
includes tangible personal property supplied directly or	13088
indirectly by the consumer to the direct mail vendor for inclusion	13089
in the package containing the printed material. "Direct mail" does	13090
not include multiple items of printed material delivered to a	13091
single address.	13092

(AAA) "Computer" means an electronic device that accepts	13093
information in digital or similar form and manipulates it for a	13094
result based on a sequence of instructions.	13095

(BBB) "Computer software" means a set of coded instructions	13096
designed to cause a computer or automatic data processing	13097
equipment to perform a task.	13098

(CCC) "Delivered electronically" means delivery of computer	13099
software from the seller to the purchaser by means other than	13100
tangible storage media.	13101

(DDD) "Prewritten computer software" means computer software,	13102
including prewritten upgrades, that is not designed and developed	13103
by the author or other creator to the specifications of a specific	13104
purchaser. The combining of two or more prewritten computer	13105
software programs or prewritten portions thereof does not cause	13106
the combination to be other than prewritten computer software.	13107
"Prewritten computer software" includes software designed and	13108
developed by the author or other creator to the specifications of	13109
a specific purchaser when it is sold to a person other than the	13110
purchaser. If a person modifies or enhances computer software of	13111
which the person is not the author or creator, the person shall be	13112
deemed to be the author or creator only of such person's	13113
modifications or enhancements. Prewritten computer software or a	13114
prewritten portion thereof that is modified or enhanced to any	13115
degree, where such modification or enhancement is designed and	13116
developed to the specifications of a specific purchaser, remains	13117
prewritten computer software; provided, however, that where there	13118
is a reasonable, separately stated charge or an invoice or other	13119
statement of the price given to the purchaser for the modification	13120
or enhancement, the modification or enhancement shall not	13121
constitute prewritten computer software.	13122

(EEE)(1) "Food" means substances, whether in liquid,	13123
concentrated, solid, frozen, dried, or dehydrated form, that are	13124
sold for ingestion or chewing by humans and are consumed for their	13125
taste or nutritional value. "Food" does not include alcoholic	13126
beverages, dietary supplements, soft drinks, or tobacco.	13127

(2) As used in division (EEE)(1) of this section:

13128

(a) "Alcoholic beverages" means beverages that are suitable	13129
for human consumption and contain one-half of one per cent or more	13130
of alcohol by volume.	13131

(b) "Dietary supplements" means any product, other than	13132
tobacco, that is intended to supplement the diet and that is	13133
intended for ingestion in tablet, capsule, powder, softgel,	13134
gelcap, or liquid form, or, if not intended for ingestion in such	13135
a form, is not represented as conventional food for use as a sole	13136
item of a meal or of the diet; that is required to be labeled as a	13137
dietary supplement, identifiable by the "supplement facts" box	13138
found on the label, as required by 21 C.F.R. 101.36; and that	13139
contains one or more of the following dietary ingredients:	13140

(i) A vitamin;

13141

(ii) A mineral;

13142

(iii) An herb or other botanical;

13143

(iv) An amino acid;

13144

(v) A dietary substance for use by humans to supplement the	13145
diet by increasing the total dietary intake;	13146

(vi) A concentrate, metabolite, constituent, extract, or	13147
combination of any ingredient described in divisions	13148
(EEE)(2)(b)(i) to (v) of this section.	13149

(c) "Soft drinks" means nonalcoholic beverages that contain	13150
natural or artificial sweeteners. "Soft drinks" does not include	13151
beverages that contain milk or milk products, soy, rice, or	13152
similar milk substitutes, or that contains greater than fifty per	13153
cent vegetable or fruit juice by volume.	13154

(d) "Tobacco" means cigarettes, cigars, chewing or pipe	13155
tobacco, or any other item that contains tobacco.	13156

(FFF) "Drug" means a compound, substance, or preparation, and	13157
any component of a compound, substance, or preparation, other than	13158
food, dietary supplements, or alcoholic beverages that is	13159
recognized in the official United States pharmacopoeia, official	13160
homeopathic pharmacopoeia of the United States, or official	13161
national formulary, and supplements to them; is intended for use	13162
in the diagnosis, cure, mitigation, treatment, or prevention of	13163
disease; or is intended to affect the structure or any function of	13164
the body.	13165

(GGG) "Prescription" means an order, formula, or recipe	13166
issued in any form of oral, written, electronic, or other means of	13167
transmission by a duly licensed practitioner authorized by the	13168
laws of this state to issue a prescription.	13169

(HHH) "Durable medical equipment" means equipment, including	13170
repair and replacement parts for such equipment, that can	13171
withstand repeated use, is primarily and customarily used to serve	13172
a medical purpose, generally is not useful to a person in the	13173
absence of illness or injury, and is not worn in or on the body.	13174
"Durable medical equipment" does not include mobility enhancing	13175
equipment.	13176

(III) "Mobility enhancing equipment" means equipment,	13177
including repair and replacement parts for such equipment, that is	13178
primarily and customarily used to provide or increase the ability	13179
to move from one place to another and is appropriate for use	13180
either in a home or a motor vehicle, that is not generally used by	13181
persons with normal mobility, and that does not include any motor	13182
vehicle or equipment on a motor vehicle normally provided by a	13183
motor vehicle manufacturer. "Mobility enhancing equipment" does	13184
not include durable medical equipment.	13185

(JJJ) "Prosthetic device" means a replacement, corrective, or	13186
supportive device, including repair and replacement parts for the	13187
device, worn on or in the human body to artificially replace a	13188
missing portion of the body, prevent or correct physical deformity	13189
or malfunction, or support a weak or deformed portion of the body.	13190
As used in this division, "prosthetic device" does not include	13191
corrective eyeglasses, contact lenses, or dental prosthesis.	13192

(KKK)(1) "Fractional aircraft ownership program" means a	13193
program in which persons within an affiliated group sell and	13194
manage fractional ownership program aircraft, provided that at	13195
least one hundred airworthy aircraft are operated in the program	13196
and the program meets all of the following criteria:	13197

(a) Management services are provided by at least one program	13198
manager within an affiliated group on behalf of the fractional	13199
owners.	13200

(b) Each program aircraft is owned or possessed by at least	13201
one fractional owner.	13202

(c) Each fractional owner owns or possesses at least a	13203
one-sixteenth interest in at least one fixed-wing program	13204
aircraft.	13205

(d) A dry-lease aircraft interchange arrangement is in effect	13206
among all of the fractional owners.	13207

(e) Multi-year program agreements are in effect regarding the	13208
fractional ownership, management services, and dry-lease aircraft	13209
interchange arrangement aspects of the program.	13210

(2) As used in division (KKK)(1) of this section:

13211

(a) "Affiliated group" has the same meaning as in division	13212
(B)(3)(e) of this section.	13213

(b) "Fractional owner" means a person that owns or possesses	13214
at least a one-sixteenth interest in a program aircraft and has	13215
entered into the agreements described in division (KKK)(1)(e) of	13216
this section.	13217

(c) "Fractional ownership program aircraft" or "program	13218
aircraft" means a turbojet aircraft that is owned or possessed by	13219
a fractional owner and that has been included in a dry-lease	13220
aircraft interchange arrangement and agreement under divisions	13221
(KKK)(1)(d) and (e) of this section, or an aircraft a program	13222
manager owns or possesses primarily for use in a fractional	13223
aircraft ownership program.	13224

(d) "Management services" means administrative and aviation	13225
support services furnished under a fractional aircraft ownership	13226
program in accordance with a management services agreement under	13227
division (KKK)(1)(e) of this section, and offered by the program	13228
manager to the fractional owners, including, at a minimum, the	13229
establishment and implementation of safety guidelines; the	13230
coordination of the scheduling of the program aircraft and crews;	13231
program aircraft maintenance; program aircraft insurance; crew	13232
training for crews employed, furnished, or contracted by the	13233
program manager or the fractional owner; the satisfaction of	13234
record-keeping requirements; and the development and use of an	13235
operations manual and a maintenance manual for the fractional	13236
aircraft ownership program.	13237

(e) "Program manager" means the person that offers management	13238
services to fractional owners pursuant to a management services	13239
agreement under division (KKK)(1)(e) of this section.	13240

Sec. 5739.09.  (A)(1) A board of county commissioners may, by	13241
resolution adopted by a majority of the members of the board, levy	13242
an excise tax not to exceed three per cent on transactions by	13243
which lodging by a hotel is or is to be furnished to transient	13244
guests. The board shall establish all regulations necessary to	13245
provide for the administration and allocation of the tax. The	13246
regulations may prescribe the time for payment of the tax, and may	13247
provide for the imposition of a penalty or interest, or both, for	13248
late payments, provided that the penalty does not exceed ten per	13249
cent of the amount of tax due, and the rate at which interest	13250
accrues does not exceed the rate per annum prescribed pursuant to	13251
section 5703.47 of the Revised Code. Except as provided in	13252
divisions (A)(2), (3), (4), and (5) of this section, the	13253
regulations shall provide, after deducting the real and actual	13254
costs of administering the tax, for the return to each municipal	13255
corporation or township that does not levy an excise tax on the	13256
transactions, a uniform percentage of the tax collected in the	13257
municipal corporation or in the unincorporated portion of the	13258
township from each transaction, not to exceed thirty-three and	13259
one-third per cent. The remainder of the revenue arising from the	13260
tax shall be deposited in a separate fund and shall be spent	13261
solely to make contributions to the convention and visitors'	13262
bureau operating within the county, including a pledge and	13263
contribution of any portion of the remainder pursuant to an	13264
agreement authorized by section 307.695 of the Revised Code,	13265
provided that if the board of county commissioners of an eligible	13266
county as defined in section 307.695 of the Revised Code adopts a	13267
resolution amending a resolution levying a tax under this division	13268
to provide that the revenue from the tax shall be used by the	13269
board as described in division (H) of section 307.695 of the	13270
Revised Code, the remainder of the revenue shall be used as	13271
described in the resolution making that amendment. Except as	13272
provided in division (A)(2), (3), (4), or (5) or (H) of this	13273
section, on and after May 10, 1994, a board of county	13274
commissioners may not levy an excise tax pursuant to this division	13275
in any municipal corporation or township located wholly or partly	13276
within the county that has in effect an ordinance or resolution	13277
levying an excise tax pursuant to division (B) of this section.	13278
The board of a county that has levied a tax under division (C) of	13279
this section may, by resolution adopted within ninety days after	13280
July 15, 1985, by a majority of the members of the board, amend	13281
the resolution levying a tax under this division to provide for a	13282
portion of that tax to be pledged and contributed in accordance	13283
with an agreement entered into under section 307.695 of the	13284
Revised Code. A tax, any revenue from which is pledged pursuant to	13285
such an agreement, shall remain in effect at the rate at which it	13286
is imposed for the duration of the period for which the revenue	13287
from the tax has been so pledged.	13288

The board of county commissioners of an eligible county as	13289
defined in section 307.695 of the Revised Code may, by resolution	13290
adopted by a majority of the members of the board, amend a	13291
resolution levying a tax under this division to provide that the	13292
revenue from the tax shall be used by the board as described in	13293
division (H) of section 307.695 of the Revised Code, in which case	13294
the tax shall remain in effect at the rate at which it was imposed	13295
for the duration of any agreement entered into by the board under	13296
section 307.695 of the Revised Code, the duration during which any	13297
securities issued by the board under that section are outstanding,	13298
or the duration of the period during which the board owns a	13299
project as defined in section 307.695 of the Revised Code,	13300
whichever duration is longest.	13301

(2) A board of county commissioners that levies an excise tax	13302
under division (A)(1) of this section on June 30, 1997, at a rate	13303
of three per cent, and that has pledged revenue from the tax to an	13304
agreement entered into under section 307.695 of the Revised Code,	13305
mayor, in the case of the board of county commissioners of an	13306
eligible county as defined in section 307.695 of the Revised Code,	13307
has amended a resolution levying a tax under division (C) of this	13308
section to provide that proceeds from the tax shall be used by the	13309
board as described in division (H) of section 307.695 of the	13310
Revised Code, may, at any time by a resolution adopted by a	13311
majority of the members of the board, amend the resolution levying	13312
thata tax under division (A)(1) of this section to provide for an	13313
increase in the rate of thethat tax up to fiveseven per cent on	13314
each transaction; to provide that revenue from the increase in the	13315
rate shall be used as described in division (H) of section 307.695	13316
of the Revised Code or be spent solely to make contributions to	13317
the convention and visitors' bureau operating within the county to	13318
be used specifically for promotion, advertising, and marketing of	13319
the region in which the county is located; and to provide that the	13320
rate in excess of the three per cent levied under division (A)(1)	13321
of this section shall remain in effect at the rate at which it is	13322
imposed for the duration of the period during which any agreement	13323
is in effect that was entered into under section 307.695 of the	13324
Revised Code by the board of county commissioners levying a tax	13325
under division (A)(1) of this section; and to, the duration of the	13326
period during which any securities issued by the board under	13327
division (I) of section 307.695 of the Revised Code are	13328
outstanding, or the duration of the period during which the board	13329
owns a project as defined in section 307.695 of the Revised Code,	13330
whichever duration is longest. The amendment also shall provide	13331
that no portion of that revenue need be returned to townships or	13332
municipal corporations as would otherwise be required under	13333
division (A)(1) of this section.	13334

(3) A board of county commissioners that levies a tax under	13335
division (A)(1) of this section on March 18, 1999, at a rate of	13336
three per cent may, by resolution adopted not later than	13337
forty-five days after March 18, 1999, amend the resolution levying	13338
the tax to provide for all of the following:	13339

(a) That the rate of the tax shall be increased by not more	13340
than an additional four per cent on each transaction;	13341

(b) That all of the revenue from the increase in the rate	13342
shall be pledged and contributed to a convention facilities	13343
authority established by the board of county commissioners under	13344
Chapter 351. of the Revised Code on or before November 15, 1998,	13345
and used to pay costs of constructing, maintaining, operating, and	13346
promoting a facility in the county, including paying bonds, or	13347
notes issued in anticipation of bonds, as provided by that	13348
chapter;	13349

(c) That no portion of the revenue arising from the increase	13350
in rate need be returned to municipal corporations or townships as	13351
otherwise required under division (A)(1) of this section;	13352

(d) That the increase in rate shall not be subject to	13353
diminution by initiative or referendum or by law while any bonds,	13354
or notes in anticipation of bonds, issued by the authority under	13355
Chapter 351. of the Revised Code to which the revenue is pledged,	13356
remain outstanding in accordance with their terms, unless	13357
provision is made by law or by the board of county commissioners	13358
for an adequate substitute therefor that is satisfactory to the	13359
trustee if a trust agreement secures the bonds.	13360

Division (A)(3) of this section does not apply to the board	13361
of county commissioners of any county in which a convention center	13362
or facility exists or is being constructed on November 15, 1998,	13363
or of any county in which a convention facilities authority levies	13364
a tax pursuant to section 351.021 of the Revised Code on that	13365
date.	13366

As used in division (A)(3) of this section, "cost" and	13367
"facility" have the same meanings as in section 351.01 of the	13368
Revised Code, and "convention center" has the same meaning as in	13369
section 307.695 of the Revised Code.	13370

(4) A board of county commissioners that levies a tax under	13371
division (A)(1) of this section on June 30, 2002, at a rate of	13372
three per cent may, by resolution adopted not later than September	13373
30, 2002, amend the resolution levying the tax to provide for all	13374
of the following:	13375

(a) That the rate of the tax shall be increased by not more	13376
than an additional three and one-half per cent on each	13377
transaction;	13378

(b) That all of the revenue from the increase in rate shall	13379
be pledged and contributed to a convention facilities authority	13380
established by the board of county commissioners under Chapter	13381
351. of the Revised Code on or before May 15, 2002, and be used to	13382
pay costs of constructing, expanding, maintaining, operating, or	13383
promoting a convention center in the county, including paying	13384
bonds, or notes issued in anticipation of bonds, as provided by	13385
that chapter;	13386

(c) That no portion of the revenue arising from the increase	13387
in rate need be returned to municipal corporations or townships as	13388
otherwise required under division (A)(1) of this section;	13389

(d) That the increase in rate shall not be subject to	13390
diminution by initiative or referendum or by law while any bonds,	13391
or notes in anticipation of bonds, issued by the authority under	13392
Chapter 351. of the Revised Code to which the revenue is pledged,	13393
remain outstanding in accordance with their terms, unless	13394
provision is made by law or by the board of county commissioners	13395
for an adequate substitute therefor that is satisfactory to the	13396
trustee if a trust agreement secures the bonds.	13397

As used in division (A)(4) of this section, "cost" has the	13398
same meaning as in section 351.01 of the Revised Code, and	13399
"convention center" has the same meaning as in section 307.695 of	13400
the Revised Code.	13401

(5)(a) As used in division (A)(5) of this section:

13402

(i) "Port authority" means a port authority created under	13403
Chapter 4582. of the Revised Code.	13404

(ii) "Port authority military-use facility" means port	13405
authority facilities on which or adjacent to which is located an	13406
installation of the armed forces of the United States, a reserve	13407
component thereof, or the national guard and at least part of	13408
which is made available for use, for consideration, by the armed	13409
forces of the United States, a reserve component thereof, or the	13410
national guard.	13411

(b) For the purpose of contributing revenue to pay operating	13412
expenses of a port authority that operates a port authority	13413
military-use facility, the board of county commissioners of a	13414
county that created, participated in the creation of, or has	13415
joined such a port authority may do one or both of the following:	13416

(i) Amend a resolution previously adopted under division	13417
(A)(1) of this section to designate some or all of the revenue	13418
from the tax levied under the resolution to be used for that	13419
purpose, notwithstanding that division;	13420

(ii) Amend a resolution previously adopted under division	13421
(A)(1) of this section to increase the rate of the tax by not more	13422
than an additional two per cent and use the revenue from the	13423
increase exclusively for that purpose.	13424

(c) If a board of county commissioners amends a resolution to	13425
increase the rate of a tax as authorized in division (A)(5)(b)(ii)	13426
of this section, the board also may amend the resolution to	13427
specify that the increase in rate of the tax does not apply to	13428
"hotels," as otherwise defined in section 5739.01 of the Revised	13429
Code, having fewer rooms used for the accommodation of guests than	13430
a number of rooms specified by the board.	13431

(B)(1) The legislative authority of a municipal corporation	13432
or the board of trustees of a township that is not wholly or	13433
partly located in a county that has in effect a resolution levying	13434
an excise tax pursuant to division (A)(1) of this section may, by	13435
ordinance or resolution, levy an excise tax not to exceed three	13436
per cent on transactions by which lodging by a hotel is or is to	13437
be furnished to transient guests. The legislative authority of the	13438
municipal corporation or the board of trustees of the township	13439
shall deposit at least fifty per cent of the revenue from the tax	13440
levied pursuant to this division into a separate fund, which shall	13441
be spent solely to make contributions to convention and visitors'	13442
bureaus operating within the county in which the municipal	13443
corporation or township is wholly or partly located, and the	13444
balance of that revenue shall be deposited in the general fund.	13445
The municipal corporation or township shall establish all	13446
regulations necessary to provide for the administration and	13447
allocation of the tax. The regulations may prescribe the time for	13448
payment of the tax, and may provide for the imposition of a	13449
penalty or interest, or both, for late payments, provided that the	13450
penalty does not exceed ten per cent of the amount of tax due, and	13451
the rate at which interest accrues does not exceed the rate per	13452
annum prescribed pursuant to section 5703.47 of the Revised Code.	13453
The levy of a tax under this division is in addition to any tax	13454
imposed on the same transaction by a municipal corporation or a	13455
township as authorized by division (A) of section 5739.08 of the	13456
Revised Code.	13457

(2) The legislative authority of the most populous municipal	13458
corporation located wholly or partly in a county in which the	13459
board of county commissioners has levied a tax under division	13460
(A)(4) of this section may amend, on or before September 30, 2002,	13461
that municipal corporation's ordinance or resolution that levies	13462
an excise tax on transactions by which lodging by a hotel is or is	13463
to be furnished to transient guests, to provide for all of the	13464
following:	13465

(a) That the rate of the tax shall be increased by not more	13466
than an additional one per cent on each transaction;	13467

(b) That all of the revenue from the increase in rate shall	13468
be pledged and contributed to a convention facilities authority	13469
established by the board of county commissioners under Chapter	13470
351. of the Revised Code on or before May 15, 2002, and be used to	13471
pay costs of constructing, expanding, maintaining, operating, or	13472
promoting a convention center in the county, including paying	13473
bonds, or notes issued in anticipation of bonds, as provided by	13474
that chapter;	13475

(c) That the increase in rate shall not be subject to	13476
diminution by initiative or referendum or by law while any bonds,	13477
or notes in anticipation of bonds, issued by the authority under	13478
Chapter 351. of the Revised Code to which the revenue is pledged,	13479
remain outstanding in accordance with their terms, unless	13480
provision is made by law, by the board of county commissioners, or	13481
by the legislative authority, for an adequate substitute therefor	13482
that is satisfactory to the trustee if a trust agreement secures	13483
the bonds.	13484

As used in division (B)(2) of this section, "cost" has the	13485
same meaning as in section 351.01 of the Revised Code, and	13486
"convention center" has the same meaning as in section 307.695 of	13487
the Revised Code.	13488

(C) For the purpose of making the payments authorized by	13489
purposes described in section 307.695 of the Revised Code to	13490
construct and equip a convention center in the county and to cover	13491
the costs of administering the tax, a board of county	13492
commissioners of a county where a tax imposed under division	13493
(A)(1) of this section is in effect may, by resolution adopted	13494
within ninety days after July 15, 1985, by a majority of the	13495
members of the board, levy an additional excise tax not to exceed	13496
three per cent on transactions by which lodging by a hotel is or	13497
is to be furnished to transient guests. The tax authorized by this	13498
division shall be in addition to any tax that is levied pursuant	13499
to division (A) of this section, but it shall not apply to	13500
transactions subject to a tax levied by a municipal corporation or	13501
township pursuant to the authorization granted by division (A) of	13502
section 5739.08 of the Revised Code. The board shall establish all	13503
regulations necessary to provide for the administration and	13504
allocation of the tax. The regulations may prescribe the time for	13505
payment of the tax, and may provide for the imposition of a	13506
penalty or interest, or both, for late payments, provided that the	13507
penalty does not exceed ten per cent of the amount of tax due, and	13508
the rate at which interest accrues does not exceed the rate per	13509
annum prescribed pursuant to section 5703.47 of the Revised Code.	13510
All revenues arising from the tax shall be expended in accordance	13511
with section 307.695 of the Revised Code. The board of county	13512
commissioners of an eligible county as defined in section 307.695	13513
of the Revised Code may, by resolution adopted by a majority of	13514
the members of the board, amend the resolution levying a tax under	13515
this division to provide that the revenue from the tax shall be	13516
used by the board as described in division (H) of section 307.695	13517
of the Revised Code. A tax imposed under this division shall	13518
remain in effect at the rate at which it is imposed for the	13519
duration of the period for which the revenue from the tax has been	13520
pledged pursuant to that sectionduring which any agreement	13521
entered into by the board under section 307.695 of the Revised	13522
Code is in effect, the duration of the period during which any	13523
securities issued by the board under division (I) of section	13524
307.695 of the Revised Code are outstanding, or the duration of	13525
the period during which the board owns a project as defined in	13526
section 307.695 of the Revised Code, whichever duration is	13527
longest.	13528

(D) For the purpose of providing contributions under division	13529
(B)(1) of section 307.671 of the Revised Code to enable the	13530
acquisition, construction, and equipping of a port authority	13531
educational and cultural facility in the county and, to the extent	13532
provided for in the cooperative agreement authorized by that	13533
section, for the purpose of paying debt service charges on bonds,	13534
or notes in anticipation of bonds, described in division (B)(1)(b)	13535
of that section, a board of county commissioners, by resolution	13536
adopted within ninety days after December 22, 1992, by a majority	13537
of the members of the board, may levy an additional excise tax not	13538
to exceed one and one-half per cent on transactions by which	13539
lodging by a hotel is or is to be furnished to transient guests.	13540
The excise tax authorized by this division shall be in addition to	13541
any tax that is levied pursuant to divisions (A), (B), and (C) of	13542
this section, to any excise tax levied pursuant to section 5739.08	13543
of the Revised Code, and to any excise tax levied pursuant to	13544
section 351.021 of the Revised Code. The board of county	13545
commissioners shall establish all regulations necessary to provide	13546
for the administration and allocation of the tax that are not	13547
inconsistent with this section or section 307.671 of the Revised	13548
Code. The regulations may prescribe the time for payment of the	13549
tax, and may provide for the imposition of a penalty or interest,	13550
or both, for late payments, provided that the penalty does not	13551
exceed ten per cent of the amount of tax due, and the rate at	13552
which interest accrues does not exceed the rate per annum	13553
prescribed pursuant to section 5703.47 of the Revised Code. All	13554
revenues arising from the tax shall be expended in accordance with	13555
section 307.671 of the Revised Code and division (D) of this	13556
section. The levy of a tax imposed under this division may not	13557
commence prior to the first day of the month next following the	13558
execution of the cooperative agreement authorized by section	13559
307.671 of the Revised Code by all parties to that agreement. The	13560
tax shall remain in effect at the rate at which it is imposed for	13561
the period of time described in division (C) of section 307.671 of	13562
the Revised Code for which the revenue from the tax has been	13563
pledged by the county to the corporation pursuant to that section,	13564
but, to any extent provided for in the cooperative agreement, for	13565
no lesser period than the period of time required for payment of	13566
the debt service charges on bonds, or notes in anticipation of	13567
bonds, described in division (B)(1)(b) of that section.	13568

(E) For the purpose of paying the costs of acquiring,	13569
constructing, equipping, and improving a municipal educational and	13570
cultural facility, including debt service charges on bonds	13571
provided for in division (B) of section 307.672 of the Revised	13572
Code, and for any additional purposes determined by the county in	13573
the resolution levying the tax or amendments to the resolution,	13574
including subsequent amendments providing for paying costs of	13575
acquiring, constructing, renovating, rehabilitating, equipping,	13576
and improving a port authority educational and cultural performing	13577
arts facility, as defined in section 307.674 of the Revised Code,	13578
and including debt service charges on bonds provided for in	13579
division (B) of section 307.674 of the Revised Code, the	13580
legislative authority of a county, by resolution adopted within	13581
ninety days after June 30, 1993, by a majority of the members of	13582
the legislative authority, may levy an additional excise tax not	13583
to exceed one and one-half per cent on transactions by which	13584
lodging by a hotel is or is to be furnished to transient guests.	13585
The excise tax authorized by this division shall be in addition to	13586
any tax that is levied pursuant to divisions (A), (B), (C), and	13587
(D) of this section, to any excise tax levied pursuant to section	13588
5739.08 of the Revised Code, and to any excise tax levied pursuant	13589
to section 351.021 of the Revised Code. The legislative authority	13590
of the county shall establish all regulations necessary to provide	13591
for the administration and allocation of the tax. The regulations	13592
may prescribe the time for payment of the tax, and may provide for	13593
the imposition of a penalty or interest, or both, for late	13594
payments, provided that the penalty does not exceed ten per cent	13595
of the amount of tax due, and the rate at which interest accrues	13596
does not exceed the rate per annum prescribed pursuant to section	13597
5703.47 of the Revised Code. All revenues arising from the tax	13598
shall be expended in accordance with section 307.672 of the	13599
Revised Code and this division. The levy of a tax imposed under	13600
this division shall not commence prior to the first day of the	13601
month next following the execution of the cooperative agreement	13602
authorized by section 307.672 of the Revised Code by all parties	13603
to that agreement. The tax shall remain in effect at the rate at	13604
which it is imposed for the period of time determined by the	13605
legislative authority of the county, but not to exceed fifteen	13606
years.	13607

(F) The legislative authority of a county that has levied a	13608
tax under division (E) of this section may, by resolution adopted	13609
within one hundred eighty days after January 4, 2001, by a	13610
majority of the members of the legislative authority, amend the	13611
resolution levying a tax under that division to provide for the	13612
use of the proceeds of that tax, to the extent that it is no	13613
longer needed for its original purpose as determined by the	13614
parties to a cooperative agreement amendment pursuant to division	13615
(D) of section 307.672 of the Revised Code, to pay costs of	13616
acquiring, constructing, renovating, rehabilitating, equipping,	13617
and improving a port authority educational and cultural performing	13618
arts facility, including debt service charges on bonds provided	13619
for in division (B) of section 307.674 of the Revised Code, and to	13620
pay all obligations under any guaranty agreements, reimbursement	13621
agreements, or other credit enhancement agreements described in	13622
division (C) of section 307.674 of the Revised Code. The	13623
resolution may also provide for the extension of the tax at the	13624
same rate for the longer of the period of time determined by the	13625
legislative authority of the county, but not to exceed an	13626
additional twenty-five years, or the period of time required to	13627
pay all debt service charges on bonds provided for in division (B)	13628
of section 307.672 of the Revised Code and on port authority	13629
revenue bonds provided for in division (B) of section 307.674 of	13630
the Revised Code. All revenues arising from the amendment and	13631
extension of the tax shall be expended in accordance with section	13632
307.674 of the Revised Code, this division, and division (E) of	13633
this section.	13634

(G) For purposes of a tax levied by a county, township, or	13635
municipal corporation under this section or section 5739.08 of the	13636
Revised Code, a board of county commissioners, board of township	13637
trustees, or the legislative authority of a municipal corporation	13638
may adopt a resolution or ordinance at any time specifying that	13639
"hotel," as otherwise defined in section 5739.01 of the Revised	13640
Code, includes establishments in which fewer than five rooms are	13641
used for the accommodation of guests. The resolution or ordinance	13642
may apply to a tax imposed pursuant to this section prior to the	13643
adoption of the resolution or ordinance if the resolution or	13644
ordinance so states, but the tax shall not apply to transactions	13645
by which lodging by such an establishment is provided to transient	13646
guests prior to the adoption of the resolution or ordinance.	13647

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

13648

(a) "Convention facilities authority" has the same meaning as	13649
in section 351.01 of the Revised Code.	13650

(b) "Convention center" has the same meaning as in section	13651
307.695 of the Revised Code.	13652

(2) Notwithstanding any contrary provision of division (D) of	13653
this section, the legislative authority of a county with a	13654
population of one million or more according to the most recent	13655
federal decennial census that has levied a tax under division (D)	13656
of this section may, by resolution adopted by a majority of the	13657
members of the legislative authority, provide for the extension of	13658
such levy and may provide that the proceeds of that tax, to the	13659
extent that they are no longer needed for their original purpose	13660
as defined by a cooperative agreement entered into under section	13661
307.671 of the Revised Code, shall be deposited into the county	13662
general revenue fund. The resolution shall provide for the	13663
extension of the tax at a rate not to exceed the rate specified in	13664
division (D) of this section for a period of time determined by	13665
the legislative authority of the county, but not to exceed an	13666
additional forty years.	13667

(3) The legislative authority of a county with a population	13668
of one million or more that has levied a tax under division (A)(1)	13669
of this section may, by resolution adopted by a majority of the	13670
members of the legislative authority, increase the rate of the tax	13671
levied by such county under division (A)(1) of this section to a	13672
rate not to exceed five per cent on transactions by which lodging	13673
by a hotel is or is to be furnished to transient guests.	13674
Notwithstanding any contrary provision of division (A)(1) of this	13675
section, the resolution may provide that all collections resulting	13676
from the rate levied in excess of three per cent, after deducting	13677
the real and actual costs of administering the tax, shall be	13678
deposited in the county general fund.	13679

(4) The legislative authority of a county with a population	13680
of one million or more that has levied a tax under division (A)(1)	13681
of this section may, by resolution adopted on or before August 30,	13682
2004, by a majority of the members of the legislative authority,	13683
provide that all or a portion of the proceeds of the tax levied	13684
under division (A)(1) of this section, after deducting the real	13685
and actual costs of administering the tax and the amounts required	13686
to be returned to townships and municipal corporations with	13687
respect to the first three per cent levied under division (A)(1)	13688
of this section, shall be deposited in the county general fund,	13689
provided that such proceeds shall be used to satisfy any pledges	13690
made in connection with an agreement entered into under section	13691
307.695 of the Revised Code.	13692

(5) No amount collected from a tax levied, extended, or	13693
required to be deposited in the county general fund under division	13694
(H) of this section shall be contributed to a convention	13695
facilities authority, corporation, or other entity created after	13696
July 1, 2003, for the principal purpose of constructing,	13697
improving, expanding, equipping, financing, or operating a	13698
convention center unless the mayor of the municipal corporation in	13699
which the convention center is to be operated by that convention	13700
facilities authority, corporation, or other entity has consented	13701
to the creation of that convention facilities authority,	13702
corporation, or entity. Notwithstanding any contrary provision of	13703
section 351.04 of the Revised Code, if a tax is levied by a county	13704
under division (H) of this section, the board of county	13705
commissioners of that county may determine the manner of	13706
selection, the qualifications, the number, and terms of office of	13707
the members of the board of directors of any convention facilities	13708
authority, corporation, or other entity described in division	13709
(H)(5) of this section.	13710

(6)(a) No amount collected from a tax levied, extended, or	13711
required to be deposited in the county general fund under division	13712
(H) of this section may be used for any purpose other than paying	13713
the direct and indirect costs of constructing, improving,	13714
expanding, equipping, financing, or operating a convention center	13715
and for the real and actual costs of administering the tax,	13716
unless, prior to the adoption of the resolution of the legislative	13717
authority of the county authorizing the levy, extension, increase,	13718
or deposit, the county and the mayor of the most populous	13719
municipal corporation in that county have entered into an	13720
agreement as to the use of such amounts, provided that such	13721
agreement has been approved by a majority of the mayors of the	13722
other municipal corporations in that county. The agreement shall	13723
provide that the amounts to be used for purposes other than paying	13724
the convention center or administrative costs described in	13725
division (H)(6)(a) of this section be used only for the direct and	13726
indirect costs of capital improvements, including the financing of	13727
capital improvements.	13728

(b) If the county in which the tax is levied has an	13729
association of mayors and city managers, the approval of that	13730
association of an agreement described in division (H)(6)(a) of	13731
this section shall be considered to be the approval of the	13732
majority of the mayors of the other municipal corporations for	13733
purposes of that division.	13734

(7) Each year, the auditor of state shall conduct an audit of	13735
the uses of any amounts collected from taxes levied, extended, or	13736
deposited under division (H) of this section and shall prepare a	13737
report of the auditor of state's findings. The auditor of state	13738
shall submit the report to the legislative authority of the county	13739
that has levied, extended, or deposited the tax, the speaker of	13740
the house of representatives, the president of the senate, and the	13741
leaders of the minority parties of the house of representatives	13742
and the senate.	13743

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

13744

(a) "Convention facilities authority" has the same meaning as	13745
in section 351.01 of the Revised Code.	13746

(b) "Convention center" has the same meaning as in section	13747
307.695 of the Revised Code.	13748

(2) Notwithstanding any contrary provision of division (D) of	13749
this section, the legislative authority of a county with a	13750
population of one million two hundred thousand or more according	13751
to the most recent federal decennial census or the most recent	13752
annual population estimate published or released by the United	13753
States census bureau at the time the resolution is adopted placing	13754
the levy on the ballot, that has levied a tax under division (D)	13755
of this section may, by resolution adopted by a majority of the	13756
members of the legislative authority, provide for the extension of	13757
such levy and may provide that the proceeds of that tax, to the	13758
extent that the proceeds are no longer needed for their original	13759
purpose as defined by a cooperative agreement entered into under	13760
section 307.671 of the Revised Code and after deducting the real	13761
and actual costs of administering the tax, shall be used for	13762
paying the direct and indirect costs of constructing, improving,	13763
expanding, equipping, financing, or operating a convention center.	13764
The resolution shall provide for the extension of the tax at a	13765
rate not to exceed the rate specified in division (D) of this	13766
section for a period of time determined by the legislative	13767
authority of the county, but not to exceed an additional forty	13768
years.	13769

(3) The legislative authority of a county with a population	13770
of one million two hundred thousand or more that has levied a tax	13771
under division (A)(1) of this section may, by resolution adopted	13772
by a majority of the members of the legislative authority,	13773
increase the rate of the tax levied by such county under division	13774
(A)(1) of this section to a rate not to exceed five per cent on	13775
transactions by which lodging by a hotel is or is to be furnished	13776
to transient guests. Notwithstanding any contrary provision of	13777
division (A)(1) of this section, the resolution shall provide that	13778
all collections resulting from the rate levied in excess of three	13779
per cent, after deducting the real and actual costs of	13780
administering the tax, shall be used for paying the direct and	13781
indirect costs of constructing, improving, expanding, equipping,	13782
financing, or operating a convention center.	13783

(4) The legislative authority of a county with a population	13784
of one million two hundred thousand or more that has levied a tax	13785
under division (A)(1) of this section may, by resolution adopted	13786
on or before July 1, 2008, by a majority of the members of the	13787
legislative authority, provide that all or a portion of the	13788
proceeds of the tax levied under division (A)(1) of this section,	13789
after deducting the real and actual costs of administering the tax	13790
and the amounts required to be returned to townships and municipal	13791
corporations with respect to the first three per cent levied under	13792
division (A)(1) of this section, shall be used to satisfy any	13793
pledges made in connection with an agreement entered into under	13794
section 307.695 of the Revised Code or shall otherwise be used for	13795
paying the direct and indirect costs of constructing, improving,	13796
expanding, equipping, financing, or operating a convention center.	13797

(5) Any amount collected from a tax levied or extended under	13798
division (I) of this section may be contributed to a convention	13799
facilities authority created before July 1, 2005, but no amount	13800
collected from a tax levied or extended under division (I) of this	13801
section may be contributed to a convention facilities authority,	13802
corporation, or other entity created after July 1, 2005, unless	13803
the mayor of the municipal corporation in which the convention	13804
center is to be operated by that convention facilities authority,	13805
corporation. Or, or other entity has consented to the creation of	13806
that convention facilities authority, corporation, or entity.	13807

Sec. 5741.101.  The amount of any refund to be certified to	13808
the treasurer and auditor of state and the director of budget and	13809
management pursuant to section 5741.10 of the Revised Code may be	13810
reduced by the amount the person claiming the refund is indebted	13811
to the state for any tax or fee administered by the tax	13812
commissioner that is paid to the state or to the clerk of courts	13813
pursuant to section 4505.06 of the Revised Code, or any charge,	13814
penalty, or interest arising from such a tax or fee. If the amount	13815
refundable is less than the amount of the debt, it may be applied	13816
in partial satisfaction of the debt. If the amount refundable is	13817
greater than the amount of the debt, the amount remaining after	13818
satisfaction of the debt shall be refunded. If the person has more	13819
than one such debt, any debt subject to section 5739.33 or	13820
division (G) of section 5747.07 of the Revised Code shall be	13821
satisfied first. This section applies only to debts that have	13822
become final.	13823

Sec. 5747.39.  (A) As used in this section, "eligible	13824
employee" and "eligible training costs" have the same meanings as	13825
in section 5733.42 of the Revised Code, and "pass-through entity"	13826
includes a sole proprietorship.	13827

(B)(1) For taxable years beginning in 2003, 2004, 2005, and	13828
2006, and 2007 there is hereby allowed a nonrefundable credit	13829
against the tax imposed by section 5747.02 of the Revised Code for	13830
a taxpayer that is an investor in a pass-through entity for which	13831
a tax credit certificate is issued under section 5733.42 of the	13832
Revised Code. For the taxable year beginning in 2003, the amount	13833
of eligible training costs for which a credit may be claimed by	13834
all taxpayers that are investors in an entity shall equal one-half	13835
of the average of the eligible training costs incurred by the	13836
entity during calendar years 1999, 2000, and 2001, but shall not	13837
exceed one thousand dollars for each eligible employee on account	13838
of whom such costs were paid or incurred by the entity. The amount	13839
of a taxpayer's credit for the taxpayer's taxable year beginning	13840
in 2003 shall equal the taxpayer's interest in the entity on	13841
December 31, 2001, multiplied by the credit available to the	13842
entity as computed by the entity.	13843

(2) For the taxable year beginning in 2004, the amount of the	13844
eligible training costs for which a credit may be claimed by all	13845
taxpayers that are investors in an entity shall equal one-half of	13846
the average of the eligible training costs incurred by the entity	13847
during calendar years 2002, 2003, and 2004, but shall not exceed	13848
one thousand dollars for each eligible employee on account of whom	13849
such costs were paid or incurred by the entity. The amount of a	13850
taxpayer's credit for the taxpayer's taxable year beginning in	13851
2004 shall equal the taxpayer's interest in the entity on December	13852
31, 2004, multiplied by the credit available to the entity as	13853
computed by the entity.	13854

(3) For the taxable year beginning in 2005, the amount of the	13855
eligible training costs for which a credit may be claimed by all	13856
taxpayers that are investors in an entity shall equal one-half of	13857
the average of the eligible training costs incurred by the entity	13858
during calendar years 2003, 2004, and 2005, but shall not exceed	13859
one thousand dollars for each eligible employee on account of whom	13860
such costs were paid or incurred by the entity. The amount of a	13861
taxpayer's credit for the taxpayer's taxable year beginning in	13862
2005 shall equal the taxpayer's interest in the entity on December	13863
31, 2005, multiplied by the credit available to the entity as	13864
computed by the entity.	13865

(4) For the taxable year beginning in 2006, the amount of the	13866
eligible training costs for which a credit may be claimed by all	13867
taxpayers that are investors in an entity shall equal one-half of	13868
the average of the eligible training costs incurred by the entity	13869
during calendar years 2004, 2005, and 2006, but shall not exceed	13870
one thousand dollars for each eligible employee on account of whom	13871
such costs were paid or incurred by the entity. The amount of a	13872
taxpayer's credit for the taxpayer's taxable year beginning in	13873
2006 shall equal the taxpayer's interest in the entity on December	13874
31, 2006, multiplied by the credit available to the entity as	13875
computed by the entity.	13876

(5) For the taxable year beginning in 2007, the amount of the	13877
eligible training costs for which a credit may be claimed by all	13878
taxpayers that are investors in an entity shall equal one-half of	13879
the average of the eligible training costs incurred by the entity	13880
during calendar years 2005, 2006, and 2007, but shall not exceed	13881
one thousand dollars for each eligible employee on account of whom	13882
such costs were paid or incurred by the entity. The amount of a	13883
taxpayer's credit for the taxpayer's taxable year beginning in	13884
2007 shall equal the taxpayer's interest in the entity on December	13885
31, 2007, multiplied by the credit available to the entity as	13886
computed by the entity.	13887

(6) The total amount of credits that may be claimed by all	13888
such taxpayers with respect to each pass-through entity for each	13889
taxable year shall not exceed one hundred thousand dollars.	13890

(C) The credit shall be claimed in the order prescribed by	13891
section 5747.98 of the Revised Code. A taxpayer may carry forward	13892
the credit to the extent that the taxpayer's credit exceeds the	13893
taxpayer's tax due after allowing for any other credits that	13894
precede the credit allowed by this section in the order prescribed	13895
by section 5747.98 of the Revised Code. The taxpayer may carry the	13896
excess credit forward for three taxable years following the	13897
taxable year for which the taxpayer first claims the credit under	13898
this section.	13899

(D) A pass-through entity shall apply to the director of job	13900
and family services for a tax credit certificate in the manner	13901
prescribed by division (C) of section 5733.42 of the Revised Code.	13902
Divisions (C) to (H) of that section govern the tax credit allowed	13903
by this section, except that "taxable year" shall be substituted	13904
for "tax year" wherever that phrase appears in those divisions,	13905
and that "pass-through entity" shall be substituted for "taxpayer"	13906
wherever "taxpayer" appears in those divisions.	13907

Sec. 5748.01.  As used in this chapter:

13908

(A) "School district income tax" means an income tax adopted	13909
under one of the following:	13910

(1) Former section 5748.03 of the Revised Code as it existed	13911
prior to its repeal by Amended Substitute House Bill No. 291 of	13912
the 115th general assembly;	13913

(2) Section 5748.03 of the Revised Code as enacted in	13914
Substitute Senate Bill No. 28 of the 118th general assembly;	13915

(3) Section 5748.08 of the Revised Code as enacted in Amended	13916
Substitute Senate Bill No. 17 of the 122nd general assembly;	13917

(4) Section 5748.021 of the Revised Code;

13918

(5) Section 5748.081 of the Revised Code.

13919

(B) "Individual" means an individual subject to the tax	13920
levied by section 5747.02 of the Revised Code.	13921

(C) "Estate" means an estate subject to the tax levied by	13922
section 5747.02 of the Revised Code.	13923

(D) "Taxable year" means a taxable year as defined in	13924
division (M) of section 5747.01 of the Revised Code.	13925

(E) "Taxable income" means:

13926

(1) In the case of an individual, one of the following, as	13927
specified in the resolution imposing the tax:	13928

(a) Ohio adjusted gross income for the taxable year as	13929
defined in division (A) of section 5747.01 of the Revised Code,	13930
less the exemptions provided by section 5747.02 of the Revised	13931
Code, and less military pay and allowances the deduction of which	13932
has been authorized pursuant to section 5748.011 of the Revised	13933
Code;	13934

(b) Wages, salaries, tips, and other employee compensation to	13935
the extent included in Ohio adjusted gross income as defined in	13936
section 5747.01 of the Revised Code, less military pay and	13937
allowances the deduction of which has been authorized pursuant to	13938
section 5748.011 of the Revised Code, and net earnings from	13939
self-employment, as defined in section 1402(a) of the Internal	13940
Revenue Code, to the extent included in Ohio adjusted gross	13941
income.	13942

(2) In the case of an estate, taxable income for the taxable	13943
year as defined in division (S) of section 5747.01 of the Revised	13944
Code.	13945

(F) Except as provided in section 5747.25 of the Revised	13946
Code, "resident" of the school district means:	13947

(1) An individual who is a resident of this state as defined	13948
in division (I) of section 5747.01 of the Revised Code during all	13949
or a portion of the taxable year and who, during all or a portion	13950
of such period of state residency, is domiciled in the school	13951
district or lives in and maintains a permanent place of abode in	13952
the school district;	13953

(2) An estate of a decedent who, at the time of death, was	13954
domiciled in the school district.	13955

(G) "School district income" means:

13956

(1) With respect to an individual, the portion of the taxable	13957
income of an individual that is received by the individual during	13958
the portion of the taxable year that the individual is a resident	13959
of the school district and the school district income tax is in	13960
effect in that school district. An individual may have school	13961
district income with respect to more than one school district.	13962

(2) With respect to an estate, the taxable income of the	13963
estate for the portion of the taxable year that the school	13964
district income tax is in effect in that school district.	13965

(H) "Taxpayer" means an individual or estate having school	13966
district income upon which a school district income tax is	13967
imposed.	13968

(I) "School district purposes" means any of the purposes for	13969
which a tax may be levied pursuant to section 5705.21 of the	13970
Revised Code.	13971

Sec. 5748.021. A board of education that levies a tax under	13972
section 5748.02 of the Revised Code on the school district income	13973
of individuals and estates as defined in divisions (G) and	13974
(E)(1)(a) and (2) of section 5748.01 of the Revised Code may	13975
declare, at any time, by a resolution adopted by a majority of its	13976
members, the necessity of raising annually a specified amount of	13977
money for school district purposes by replacing the existing tax	13978
with a tax on the school district income of individuals as defined	13979
in divisions (G)(1) and (E)(1)(b) of section 5748.01 of the	13980
Revised Code. The specified amount of money to be raised annually	13981
may be the same as, or more or less than, the amount of money	13982
raised annually by the existing tax.	13983

The board shall certify a copy of the resolution to the tax	13984
commissioner not later than the eighty-fifth day before the date	13985
of the election at which the board intends to propose the	13986
replacement to the electors of the school district. Not later than	13987
the tenth day after receiving the resolution, the tax commissioner	13988
shall estimate the tax rate that would be required in the school	13989
district annually to raise the amount of money specified in the	13990
resolution. The tax commissioner shall certify the estimate to the	13991
board.	13992

Upon receipt of the tax commissioner's estimate, the board	13993
may propose, by a resolution adopted by a majority of its members,	13994
to replace the existing tax on the school district income of	13995
individuals and estates as defined in divisions (G) and (E)(1)(a)	13996
and (2) of section 5748.01 of the Revised Code with the levy of an	13997
annual tax on the school district income of individuals as defined	13998
in divisions (G)(1) and (E)(1)(b) of section 5748.01 of the	13999
Revised Code. In the resolution, the board shall specify the rate	14000
of the replacement tax, whether the replacement tax is to be	14001
levied for a specified number of years or for a continuing time,	14002
the specific school district purposes for which the replacement	14003
tax is to be levied, the date on which the replacement tax will	14004
begin to be levied, the date of the election at which the question	14005
of the replacement is to be submitted to the electors of the	14006
school district, that the existing tax will cease to be levied and	14007
the replacement tax will begin to be levied if the replacement is	14008
approved by a majority of the electors voting on the replacement,	14009
and that if the replacement is not approved by a majority of the	14010
electors voting on the replacement the existing tax will remain in	14011
effect under its original authority for the remainder of its	14012
previously approved term. The resolution goes into immediate	14013
effect upon its adoption. Publication of the resolution is not	14014
necessary, and the information that will be provided in the notice	14015
of election is sufficient notice. At least seventy-five days	14016
before the date of the election at which the question of the	14017
replacement will be submitted to the electors of the school	14018
district, the board shall certify a copy of the resolution to the	14019
board of elections.	14020

The replacement tax shall have the same specific school	14021
district purposes as the existing tax, and its rate shall be the	14022
same as the tax commissioner's estimate rounded to the nearest	14023
one-fourth of one per cent. The replacement tax shall begin to be	14024
levied on the first day of January of the year following the year	14025
in which the question of the replacement is submitted to and	14026
approved by the electors of the school district or on the first	14027
day of January of a later year, as specified in the resolution.	14028
The date of the election shall be the date of an otherwise	14029
scheduled primary, general, or special election.	14030

The board of elections shall make arrangements to submit the	14031
question of the replacement to the electors of the school district	14032
on the date specified in the resolution. The board of elections	14033
shall publish notice of the election on the question of the	14034
replacement in one or more newspapers of general circulation in	14035
the school district once a week for four consecutive weeks. The	14036
notice shall set forth the question to be submitted to the	14037
electors and the time and place of the election thereon.	14038

The question shall be submitted to the electors of the school	14039
district as a separate proposition, but may be printed on the same	14040
ballot with other propositions that are submitted at the same	14041
election, other than the election of officers. The form of the	14042
ballot shall be substantially as follows:	14043

"Shall the existing tax of ..... (state the rate) on the	14044
school district income of individuals and estates imposed by .....	14045
(state the name of the school district) be replaced by a tax of	14046
..... (state the rate) on the earned income of individuals	14047
residing in the school district for ..... (state the number of	14048
years the tax is to be in effect or that it will be in effect for	14049
a continuing time), beginning ..... (state the date the new tax	14050
will take effect), for the purpose of ..... (state the specific	14051
school district purposes of the tax)? If the new tax is not	14052
approved, the existing tax will remain in effect under its	14053
original authority, for the remainder of its previously approved	14054
term.	14055

		For replacing the existing tax with the new tax			14056
		Against replacing the existing tax with the new tax	"		14057

The board of elections shall conduct and canvass the election	14058
in the same manner as regular elections in the school district for	14059
the election of county officers. The board shall certify the	14060
results of the election to the board of education and to the tax	14061
commissioner. If a majority of the electors voting on the question	14062
vote in favor of the replacement, the existing tax shall cease to	14063
be levied, and the replacement tax shall begin to be levied, on	14064
the date specified in the ballot question. If a majority of the	14065
electors voting on the question vote against the replacement, the	14066
existing tax shall continue to be levied under its original	14067
authority, for the remainder of its previously approved term.	14068

A board of education may not submit the question of replacing	14069
a tax more than twice in a calendar year. If a board submits the	14070
question more than once, one of the elections at which the	14071
question is submitted shall be on the date of a general election.	14072

If a board of education later intends to renew a replacement	14073
tax levied under this section, it shall repeat the procedure	14074
outlined in this section to do so, the replacement tax then being	14075
levied being the "existing tax" and the renewed replacement tax	14076
being the "replacement tax."	14077

Sec. 5748.081.  A board of education of a school district	14078
that under divisions (A)(1), (D)(1), and (E) of section 5748.08 of	14079
the Revised Code levies a tax on the school district income of	14080
individuals and estates as defined in divisions (G) and (E)(1)(a)	14081
and (2) of section 5748.01 of the Revised Code may replace that	14082
tax with a tax on the school district income of individuals as	14083
defined in divisions (G)(1) and (E)(1)(b) of section 5748.01 of	14084
the Revised Code by following the procedure outlined in, and	14085
subject to the conditions specified in, section 5748.021 of the	14086
Revised Code, as if the existing tax levied under section 5748.08	14087
were levied under section 5748.02 of the Revised Code. The tax	14088
commissioner and the board of elections shall perform duties in	14089
response to the actions of the board of education under this	14090
section as directed in section 5748.021 of the Revised Code.	14091

Sec. 5751.01.  As used in this chapter:

14092

(A) "Person" means, but is not limited to, individuals,	14093
combinations of individuals of any form, receivers, assignees,	14094
trustees in bankruptcy, firms, companies, joint-stock companies,	14095
business trusts, estates, partnerships, limited liability	14096
partnerships, limited liability companies, associations, joint	14097
ventures, clubs, societies, for-profit corporations, S	14098
corporations, qualified subchapter S subsidiaries, qualified	14099
subchapter S trusts, trusts, entities that are disregarded for	14100
federal income tax purposes, and any other entities. "Person" does	14101
not include nonprofit organizations or the state, its agencies,	14102
its instrumentalities, and its political subdivisions.	14103

(B) "Consolidated elected taxpayer" means a group of two or	14104
more persons treated as a single taxpayer for purposes of this	14105
chapter as the result of an election made under section 5751.011	14106
of the Revised Code.	14107

(C) "Combined taxpayer" means a group of two or more persons	14108
treated as a single taxpayer for purposes of this chapter under	14109
section 5751.012 of the Revised Code.	14110

(D) "Taxpayer" means any person, or any group of persons in	14111
the case of a consolidated elected taxpayer or combined taxpayer	14112
treated as one taxpayer, required to register or pay tax under	14113
this chapter. "Taxpayer" does not include excluded persons.	14114

(E) "Excluded person" means any of the following:

14115

(1) Any person with not more than one hundred fifty thousand	14116
dollars of taxable gross receipts during the calendar year.	14117
Division (E)(1) of this section does not apply to a person that is	14118
a member of a group that is a consolidated elected taxpayer or a	14119
combined taxpayer;	14120

(2) A public utility that paid the excise tax imposed by	14121
section 5727.24 or 5727.30 of the Revised Code based on one or	14122
more measurement periods that include the entire tax period under	14123
this chapter, except that a public utility that is a combined	14124
company is a taxpayer with regard to the following gross receipts:	14125

(a) Taxable gross receipts directly attributed to a public	14126
utility activity, but not directly attributed to an activity that	14127
is subject to the excise tax imposed by section 5727.24 or 5727.30	14128
of the Revised Code;	14129

(b) Taxable gross receipts that cannot be directly attributed	14130
to any activity, multiplied by a fraction whose numerator is the	14131
taxable gross receipts described in division (E)(2)(a) of this	14132
section and whose denominator is the total taxable gross receipts	14133
that can be directly attributed to any activity;	14134

(c) Except for any differences resulting from the use of an	14135
accrual basis method of accounting for purposes of determining	14136
gross receipts under this chapter and the use of the cash basis	14137
method of accounting for purposes of determining gross receipts	14138
under section 5727.24 of the Revised Code, the gross receipts	14139
directly attributed to the activity of a natural gas company shall	14140
be determined in a manner consistent with division (D) of section	14141
5727.03 of the Revised Code.	14142

As used in division (E)(2) of this section, "combined	14143
company" and "public utility" have the same meanings as in section	14144
5727.01 of the Revised Code.	14145

(3) A financial institution, as defined in section 5725.01 of	14146
the Revised Code, that paid the corporation franchise tax charged	14147
by division (D) of section 5733.06 of the Revised Code based on	14148
one or more taxable years that include the entire tax period under	14149
this chapter;	14150

(4) A dealer in intangibles, as defined in section 5725.01 of	14151
the Revised Code, that paid the dealer in intangibles tax levied	14152
by division (D) of section 5707.03 of the Revised Code based on	14153
one or more measurement periods that include the entire tax period	14154
under this chapter;	14155

(5) A financial holding company as defined in the "Bank	14156
Holding Company Act," 12 U.S.C. 1841(p);	14157

(6) A bank holding company as defined in the "Bank Holding	14158
Company Act," 12 U.S.C. 1841(a);	14159

(7) A savings and loan holding company as defined in the	14160
"Home Owners Loan Act," 12 U.S.C. 1467a(a)(1)(D) that is engaging	14161
only in activities or investments permissible for a financial	14162
holding company under 12 U.S.C. 1843(k);	14163

(8) A person directly or indirectly owned by one or more	14164
financial institutions, financial holding companies, bank holding	14165
companies, or savings and loan holding companies described in	14166
division (E)(3), (5), (6), or (7) of this section that is engaged	14167
in activities permissible for a financial holding company under 12	14168
U.S.C. 1843(k), except that any such person held pursuant to	14169
merchant banking authority under 12 U.S.C. 1843(k)(4)(H) or 12	14170
U.S.C. 1843(k)(4)(I) is not an excluded person, or a person	14171
directly or indirectly owned by one or more insurance companies	14172
described in division (E)(9) of this section that is authorized to	14173
do the business of insurance in this state.	14174

For the purposes of division (E)(8) of this section, a person	14175
owns another person under the following circumstances:	14176

(a) In the case of corporations issuing capital stock, one	14177
corporation owns another corporation if it owns fifty per cent or	14178
more of the other corporation's capital stock with current voting	14179
rights;	14180

(b) In the case of a limited liability company, one person	14181
owns the company if that person's membership interest, as defined	14182
in section 1705.01 of the Revised Code, is fifty per cent or more	14183
of the combined membership interests of all persons owning such	14184
interests in the company;	14185

(c) In the case of a partnership, trust, or other	14186
unincorporated business organization other than a limited	14187
liability company, one person owns the organization if, under the	14188
articles of organization or other instrument governing the affairs	14189
of the organization, that person has a beneficial interest in the	14190
organization's profits, surpluses, losses, or distributions of	14191
fifty per cent or more of the combined beneficial interests of all	14192
persons having such an interest in the organization;	14193

(d) In the case of multiple ownership, the ownership	14194
interests of more than one person may be aggregated to meet the	14195
fifty per cent ownership tests in this division only when each	14196
such owner is described in division (E)(3), (5), (6), or (7) of	14197
this section and is engaged in activities permissible for a	14198
financial holding company under 12 U.S.C. 1843(k) or is a person	14199
directly or indirectly owned by one or more insurance companies	14200
described in division (E)(9) of this section that is authorized to	14201
do the business of insurance in this state;.	14202

(9) A domestic insurance company or foreign insurance	14203
company, as defined in section 5725.01 of the Revised Code, that	14204
paid the insurance company premiums tax imposed by section 5725.18	14205
or Chapter 5729. of the Revised Code based on one or more	14206
measurement periods that include the entire tax period under this	14207
chapter;	14208

(10) A person that solely facilitates or services one or more	14209
securitizations or similar transactions for any person described	14210
in division (E)(3), (5), (6), (7), (8), or (9) of this section.	14211
For purposes of this division, "securitization" means transferring	14212
one or more assets to one or more persons and then issuing	14213
securities backed by the right to receive payment from the asset	14214
or assets so transferred.	14215

(11) Except as otherwise provided in this division, a	14216
pre-income tax trust as defined in division (FF)(4) of section	14217
5747.01 of the Revised Code and any pass-through entity of which	14218
such pre-income tax trust owns or controls, directly, indirectly,	14219
or constructively through related interests, more than five per	14220
cent of the ownership or equity interests. If the pre-income tax	14221
trust has made a qualifying pre-income tax trust election under	14222
division (FF)(3) of section 5747.01 of the Revised Code, then the	14223
trust and the pass-through entities of which it owns or controls,	14224
directly, indirectly, or constructively through related interests,	14225
more than five per cent of the ownership or equity interests,	14226
shall not be excluded persons for purposes of the tax imposed	14227
under section 5751.02 of the Revised Code.	14228

(F) Except as otherwise provided in divisions (F)(2), (3),	14229
and (4) of this section, "gross receipts" means the total amount	14230
realized by a person, without deduction for the cost of goods sold	14231
or other expenses incurred, that contributes to the production of	14232
gross income of the person, including the fair market value of any	14233
property and any services received, and any debt transferred or	14234
forgiven as consideration.	14235

(1) The following are examples of gross receipts:

14236

(a) Amounts realized from the sale, exchange, or other	14237
disposition of the taxpayer's property to or with another;	14238

(b) Amounts realized from the taxpayer's performance of	14239
services for another;	14240

(c) Amounts realized from another's use or possession of the	14241
taxpayer's property or capital;	14242

(d) Any combination of the foregoing amounts.

14243

(2) "Gross receipts" excludes the following amounts:

14244

(a) Interest income except interest on credit sales;

14245

(b) Dividends and distributions from corporations, and	14246
distributive or proportionate shares of receipts and income from a	14247
pass-through entity as defined under section 5733.04 of the	14248
Revised Code;	14249

(c) Receipts from the sale, exchange, or other disposition of	14250
an asset described in section 1221 or 1231 of the Internal Revenue	14251
Code, without regard to the length of time the person held the	14252
asset;. Notwithstanding section 1221 of the Internal Revenue Code,	14253
receipts from hedging transactions also are excluded to the extent	14254
the transactions are entered into primarily to protect a financial	14255
position, such as managing the risk of exposure to (i) foreign	14256
currency fluctuations that affect assets, liabilities, profits,	14257
losses, equity, or investments in foreign operations; (ii)	14258
interest rate fluctuations; or (iii) commodity price fluctuations.	14259
As used in division (F)(2)(c) of this section, "hedging	14260
transaction" has the same meaning as used in section 1221 of the	14261
Internal Revenue Code and also includes transactions accorded	14262
hedge accounting treatment under statement of financial accounting	14263
standards number 133 of the financial accounting standards board.	14264
For the purposes of division (F)(2)(c) of this section, the actual	14265
transfer of title of real or tangible personal property to another	14266
person is not a hedging transaction.	14267

(d) Proceeds received attributable to the repayment,	14268
maturity, or redemption of the principal of a loan, bond, mutual	14269
fund, certificate of deposit, or marketable instrument;	14270

(e) The principal amount received under a repurchase	14271
agreement or on account of any transaction properly characterized	14272
as a loan to the person;	14273

(f) Contributions received by a trust, plan, or other	14274
arrangement, any of which is described in section 501(a) of the	14275
Internal Revenue Code, or to which Title 26, Subtitle A, Chapter	14276
1, Subchapter (D) of the Internal Revenue Code applies;	14277

(g) Compensation, whether current or deferred, and whether in	14278
cash or in kind, received or to be received by an employee, former	14279
employee, or the employee's legal successor for services rendered	14280
to or for an employer, including reimbursements received by or for	14281
an individual for medical or education expenses, health insurance	14282
premiums, or employee expenses, or on account of a dependent care	14283
spending account, legal services plan, any cafeteria plan	14284
described in section 125 of the Internal Revenue Code, or any	14285
similar employee reimbursement;	14286

(h) Proceeds received from the issuance of the taxpayer's own	14287
stock, options, warrants, puts, or calls, or from the sale of the	14288
taxpayer's treasury stock;	14289

(i) Proceeds received on the account of payments from life	14290
insurance policies;	14291

(j) Gifts or charitable contributions received, membership	14292
dues received, and payments received for educational courses,	14293
meetings, meals, or similar payments to a trade, professional, or	14294
other similar association; fundraising receipts received by any	14295
person when any excess receipts are donated or used exclusively	14296
for charitable purposes; and proceeds received by a nonprofit	14297
organization including proceeds realized with regard to its	14298
unrelated business taxable income;	14299

(k) Damages received as the result of litigation in excess of	14300
amounts that, if received without litigation, would be gross	14301
receipts;	14302

(l) Property, money, and other amounts received or acquired	14303
by an agent on behalf of another in excess of the agent's	14304
commission, fee, or other remuneration;	14305

(m) Tax refunds, other tax benefit recoveries, and	14306
reimbursements for the tax imposed under this chapter made by	14307
entities that are part of the same combined taxpayer or	14308
consolidated elected taxpayer group, and reimbursements made by	14309
entities that are not members of a combined taxpayer or	14310
consolidated elected taxpayer group that are required to be made	14311
for economic parity among multiple owners of an entity whose tax	14312
obligation under this chapter is required to be reported and paid	14313
entirely by one owner, pursuant to the requirements of sections	14314
5751.011 and 5751.012 of the Revised Code;	14315

(n) Pension reversions;

14316

(o) Contributions to capital;

14317

(p) Sales or use taxes collected as a vendor or an	14318
out-of-state seller on behalf of the taxing jurisdiction from a	14319
consumer or other taxes the taxpayer is required by law to collect	14320
directly from a purchaser and remit to a local, state, or federal	14321
tax authority;	14322

(q) In the case of receipts from the sale of cigarettes or	14323
tobacco products by a wholesale dealer, retail dealer,	14324
distributor, manufacturer, or seller, all as defined in section	14325
5743.01 of the Revised Code, an amount equal to the federal and	14326
state excise taxes paid by any person on or for such cigarettes or	14327
tobacco products under subtitle E of the Internal Revenue Code or	14328
Chapter 5743. of the Revised Code;	14329

(r) In the case of receipts from the sale of motor fuel by a	14330
licensed motor fuel dealer, licensed retail dealer, or licensed	14331
permissive motor fuel dealer, all as defined in section 5735.01 of	14332
the Revised Code, an amount equal to federal and state excise	14333
taxes paid by any person on such motor fuel under section 4081 of	14334
the Internal Revenue Code or Chapter 5735. of the Revised Code;	14335

(s) In the case of receipts from the sale of beer or	14336
intoxicating liquor, as defined in section 4301.01 of the Revised	14337
Code, by a person holding a permit issued under Chapter 4301. or	14338
4303. of the Revised Code, an amount equal to federal and state	14339
excise taxes paid by any person on or for such beer or	14340
intoxicating liquor under subtitle E of the Internal Revenue Code	14341
or Chapter 4301. or 4305. of the Revised Code;	14342

(t) Receipts realized by a new motor vehicle dealer or used	14343
motor vehicle dealer, as defined in section 4517.01 of the Revised	14344
Code, from the sale or other transfer of a motor vehicle, as	14345
defined in that section, to another motor vehicle dealer for the	14346
purpose of resale by the transferee motor vehicle dealer, but only	14347
if the sale or other transfer was based upon the transferee's need	14348
to meet a specific customer's preference for a motor vehicle;	14349

(u) Receipts from a financial institution described in	14350
division (E)(3) of this section for services provided to the	14351
financial institution in connection with the issuance, processing,	14352
servicing, and management of loans or credit accounts, if such	14353
financial institution and the recipient of such receipts have at	14354
least fifty per cent of their ownership interests owned or	14355
controlled, directly or constructively through related interests,	14356
by common owners;	14357

(v) Receipts realized from administering anti-neoplastic	14358
drugs and other cancer chemotherapy, biologicals, therapeutic	14359
agents, and supportive drugs in a physician's office to patients	14360
with cancer;	14361

(w) Funds received or used by a mortgage broker that is not a	14362
dealer in intangibles, other than fees or other consideration,	14363
pursuant to a table-funding mortgage loan or warehouse-lending	14364
mortgage loan. Terms used in division (F)(2)(w) of this section	14365
have the same meanings as in section 1322.01 of the Revised Code,	14366
except "mortgage broker" means a person assisting a buyer in	14367
obtaining a mortgage loan for a fee or other consideration paid by	14368
the buyer or a lender, or a person engaged in table-funding or	14369
warehouse-lending mortgage loans that are first lien mortgage	14370
loans.	14371

(x) Property, money, and other amounts received by a	14372
professional employer organization, as defined in section 4125.01	14373
of the Revised Code, from a client employer, as defined in that	14374
section, in excess of the administrative fee charged by the	14375
professional employer organization to the client employer;	14376

(y) In the case of amounts retained as commissions by a	14377
permit holder under Chapter 3769. of the Revised Code, an amount	14378
equal to the amounts specified under that chapter that must be	14379
paid to or collected by the tax commissioner as a tax and the	14380
amounts specified under that chapter to be used as purse money;	14381

(z) Qualifying distribution center receipts.

14382

(i) For purposes of division (F)(2)(z) of this section:

14383

(I) "Qualifying distribution center receipts" means receipts	14384
of a supplier from qualified property that is delivered to a	14385
qualified distribution center, multiplied by a quantity that	14386
equals one minus the Ohio delivery percentage.	14387

(II) "Qualified property" means tangible personal property	14388
delivered to a qualified distribution center that is shipped to	14389
that qualified distribution center solely for further shipping by	14390
the qualified distribution center to another location in this	14391
state or elsewhere. "Further shipping" includes storing and	14392
repackaging such property into smaller or larger bundles, so long	14393
as such property is not subject to further manufacturing or	14394
processing.	14395

(III) "Qualified distribution center" means a warehouse or	14396
other similar facility in this state that, for the qualifying	14397
year, is operated by a person that is not part of a combined	14398
taxpayer group and that has a qualifying certificate. However, all	14399
warehouses or other similar facilities that are operated by	14400
persons in the same taxpayer group and that are located within one	14401
mile of each other shall be treated as one qualified distribution	14402
center.	14403

(IV) "Qualifying year" means the calendar year to which the	14404
qualifying certificate applies.	14405

(V) "Qualifying period" means the period of the first day of	14406
July of the second year preceding the qualifying year through the	14407
thirtieth day of June of the year preceding the qualifying year.	14408

(VI) "Qualifying certificate" means an annual application	14409
approved by the tax commissioner from an operator of a	14410
distribution center that has filed an application as prescribed by	14411
the commissioner and paid the annual fee for the qualifying	14412
certificate on or before the first day of September prior to the	14413
qualifying year or forty-five days after the opening of the	14414
distribution center, whichever is later. The application and	14415
annual fee shall be filed and paid for each qualified distribution	14416
center.	14417

The applicant must substantiate to the commissioner's	14418
satisfaction that, for the qualifying period, all persons	14419
operating the distribution center have more than fifty per cent of	14420
the cost of the qualified property shipped to a location such that	14421
it would be sitused outside this state under the provisions of	14422
division (E) of section 5751.033 of the Revised Code. The	14423
applicant must also substantiate that the distribution center	14424
cumulatively had costs from its suppliers equal to or exceeding	14425
five hundred million dollars during the qualifying period. (For	14426
purposes of division (F)(2)(z)(i)(VI) of this section, "supplier"	14427
excludes any person that is part of the consolidated elected	14428
taxpayer group, if applicable, of the operator of the qualified	14429
distribution center.) The commissioner may require the applicant	14430
to have an independent certified public accountant certify that	14431
the calculation of the minimum thresholds required for a qualified	14432
distribution center by the operator of a distribution center has	14433
been made in accordance with generally accepted accounting	14434
principles. The commissioner shall issue or deny the issuance of a	14435
certificate within sixty days after the receipt of the	14436
application. A denial is subject to appeal under section 5717.02	14437
of the Revised Code. If the operator files a timely appeal under	14438
section 5717.02 of the Revised Code, the operator shall be granted	14439
a qualifying certificate, provided that the operator is liable for	14440
any tax, interest, or penalty upon amounts claimed as qualifying	14441
distribution center receipts, other than those receipts exempt	14442
under division (C)(1) of section 5751.011 of the Revised Code,	14443
that would have otherwise not been owed by its suppliers if the	14444
qualifying certificate was valid.	14445

(VII) "Ohio delivery percentage" means the proportion of the	14446
total property delivered to a destination inside Ohio from the	14447
qualified distribution center during the qualifying period	14448
compared with total deliveries from such distribution center	14449
everywhere during the qualifying period.	14450

(ii) If the distribution center is new and was not open for	14451
the entire qualifying period, the operator of the distribution	14452
center may request that the commissioner grant a qualifying	14453
certificate. If the certificate is granted and it is later	14454
determined that more than fifty per cent of the qualified property	14455
during that year was not shipped to a location such that it would	14456
be sitused outside of this state under the provisions of division	14457
(E) of section 5751.033 of the Revised Code or if it is later	14458
determined that the person that operates the distribution center	14459
had average monthly costs from its suppliers of less than forty	14460
million dollars during that year, then the operator of the	14461
distribution center shall be liable for any tax, interest, or	14462
penalty upon amounts claimed as qualifying distribution center	14463
receipts, other than those receipts exempt under division (C)(1)	14464
of section 5751.011 of the Revised Code, that would have not	14465
otherwise been owed by its suppliers during the qualifying year if	14466
the qualifying certificate was valid. (For purposes of division	14467
(F)(2)(z)(ii) of this section, "supplier" excludes any person that	14468
is part of the consolidated elected taxpayer group, if applicable,	14469
of the operator of the qualified distribution center.)	14470

(iii) When filing an application for a qualifying certificate	14471
under division (F)(2)(z)(i)(VI) of this section, the operator of a	14472
qualified distribution center also shall provide documentation, as	14473
the commissioner requires, for the commissioner to ascertain the	14474
Ohio delivery percentage. The commissioner, upon issuing the	14475
qualifying certificate, also shall certify the Ohio delivery	14476
percentage. The operator of the qualified distribution center may	14477
appeal the commissioner's certification of the Ohio delivery	14478
percentage in the same manner as an appeal is taken from the	14479
denial of a qualifying certificate under division (F)(2)(z)(i)(VI)	14480
of this section.	14481

Within thirty days after all appeals have been exhausted, the	14482
operator of the qualified distribution center shall notify the	14483
affected suppliers of qualified property that such suppliers are	14484
required to file, within sixty days after receiving notice from	14485
the operator of the qualified distribution center, amended reports	14486
for the impacted calendar quarter or quarters or calendar year,	14487
whichever the case may be. Any additional tax liability or tax	14488
overpayment shall be subject to interest but shall not be subject	14489
to the imposition of any penalty so long as the amended returns	14490
are timely filed. The supplier of tangible personal property	14491
delivered to the qualified distribution center shall include in	14492
its report of taxable gross receipts the receipts from the total	14493
sales of property delivered to the qualified distribution center	14494
for the calendar quarter or calendar year, whichever the case may	14495
be, multiplied by the Ohio delivery percentage for the qualifying	14496
year. Nothing in division (F)(2)(z)(iii) of this section shall be	14497
construed as imposing liability on the operator of a qualified	14498
distribution center for the tax imposed by this chapter arising	14499
from any change to the Ohio delivery percentage.	14500

(iv) In the case where the distribution center is new and not	14501
open for the entire qualifying period, the operator shall make a	14502
good faith estimate of an Ohio delivery percentage for use by	14503
suppliers in their reports of taxable gross receipts for the	14504
remainder of the qualifying period. The operator of the facility	14505
shall disclose to the suppliers that such Ohio delivery percentage	14506
is an estimate and is subject to recalculation. By the due date of	14507
the next application for a qualifying certificate, the operator	14508
shall determine the actual Ohio delivery percentage for the	14509
estimated qualifying period and proceed as provided in division	14510
(F)(2)(z)(iii) of this section with respect to the calculation and	14511
recalculation of the Ohio delivery percentage. The supplier is	14512
required to file, within sixty days after receiving notice from	14513
the operator of the qualified distribution center, amended reports	14514
for the impacted calendar quarter or quarters or calendar year,	14515
whichever the case may be. Any additional tax liability or tax	14516
overpayment shall be subject to interest but shall not be subject	14517
to the imposition of any penalty so long as the amended returns	14518
are timely filed.	14519

(v) Qualifying certificates and Ohio delivery percentages	14520
issued by the commissioner shall be open to public inspection and	14521
shall be timely published by the commissioner. A supplier relying	14522
in good faith on a certificate issued under this division shall	14523
not be subject to tax on the qualifying distribution center	14524
receipts under division (F)(2)(z) of this section. A person	14525
receiving a qualifying certificate is responsible for paying the	14526
tax, interest, and penalty upon amounts claimed as qualifying	14527
distribution center receipts that would not otherwise have been	14528
owed by the supplier if the qualifying certificate were available	14529
when it is later determined that the qualifying certificate should	14530
not have been issued because the statutory requirements were in	14531
fact not met.	14532

(vi) The annual fee for a qualifying certificate shall be one	14533
hundred thousand dollars for each qualified distribution center.	14534
If a qualifying certificate is not issued, the annual fee is	14535
subject to refund after the exhaustion of all appeals provided for	14536
in division (F)(2)(z)(i)(VI) of this section. The fee imposed	14537
under this division may be assessed in the same manner as the tax	14538
imposed under this chapter. The first one hundred thousand dollars	14539
of the annual application fees collected each calendar year shall	14540
be credited to the commercial activity tax administrative fund.	14541
The remainder of the annual application fees collected shall be	14542
distributed in the same manner required under section 5751.20 of	14543
the Revised Code.	14544

(vii) The tax commissioner may require that adequate security	14545
be posted by the operator of the distribution center on appeal	14546
when the commissioner disagrees that the applicant has met the	14547
minimum thresholds for a qualified distribution center as set	14548
forth in divisions (F)(2)(z)(i)(VI) and (F)(2)(z)(ii) of this	14549
section.	14550

(aa) Any receipts for which the tax imposed by this chapter	14551
is prohibited by the constitutionConstitution or laws of the	14552
United States or the constitutionConstitution of this stateOhio.	14553

(3) In the case of a taxpayer when acting as a real estate	14554
broker, "gross receipts" includes only the portion of any fee for	14555
the service of a real estate broker, or service of a real estate	14556
salesperson associated with that broker, that is retained by the	14557
broker and not paid to an associated real estate salesperson or	14558
another real estate broker. For the purposes of this division,	14559
"real estate broker" and "real estate salesperson" have the same	14560
meanings as in section 4735.01 of the Revised Code.	14561

(4) A taxpayer's method of accounting for gross receipts for	14562
a tax period shall be the same as the taxpayer's method of	14563
accounting for federal income tax purposes for the taxpayer's	14564
federal taxable year that includes the tax period. If a taxpayer's	14565
method of accounting for federal income tax purposes changes, its	14566
method of accounting for gross receipts under this chapter shall	14567
be changed accordingly.	14568

In calculating gross receipts, the following shall be	14569
deducted to the extent included as a gross receipt in the current	14570
tax period or reported as taxable gross receipts in a prior tax	14571
period:	14572

(a) Cash discounts allowed and taken;

14573

(b) Returns and allowances;

14574

(c) Bad debts. For the purposes of this division, "bad debts"	14575
mean any debts that have become worthless or uncollectible between	14576
the preceding and current quarterly tax payment periods, have been	14577
uncollected for at least six months, and may be claimed as a	14578
deduction under section 166 of the Internal Revenue Code and the	14579
regulations adopted pursuant thereto, or that could be claimed as	14580
such if the taxpayer kept its accounts on the accrual basis. "Bad	14581
debts" does not include uncollectible amounts on property that	14582
remains in the possession of the taxpayer until the full purchase	14583
price is paid, expenses in attempting to collect any account	14584
receivable or for any portion of the debt recovered, and	14585
repossessed property;	14586

(d) Any amount realized from the sale of an account	14587
receivable but only to the extent the receipts from the underlying	14588
transaction giving rise to the account receivable were included in	14589
the gross receipts of the taxpayer.	14590

(G) "Taxable gross receipts" means gross receipts sitused to	14591
this state under section 5751.033 of the Revised Code.	14592

(H) A person has "substantial nexus with this state" if any	14593
of the following applies. The person:	14594

(1) Owns or uses a part or all of its capital in this state;

14595

(2) Holds a certificate of compliance with the laws of this	14596
state authorizing the person to do business in this state;	14597

(3) Has bright-line presence in this state;

14598

(4) Otherwise has nexus with this state to an extent that the	14599
person can be required to remit the tax imposed under this chapter	14600
under the constitutionConstitution of the United States.	14601

(I) A person has "bright-line presence" in this state for a	14602
reporting period and for the remaining portion of the calendar	14603
year if any of the following applies. The person:	14604

(1) Has at any time during the calendar year property in this	14605
state with an aggregate value of at least fifty thousand dollars.	14606
For the purpose of division (I)(1) of this section, owned property	14607
is valued at original cost and rented property is valued at eight	14608
times the net annual rental charge.	14609

(2) Has during the calendar year payroll in this state of at	14610
least fifty thousand dollars. Payroll in this state includes all	14611
of the following:	14612

(a) Any amount subject to withholding by the person under	14613
section 5747.06 of the Revised Code;	14614

(b) Any other amount the person pays as compensation to an	14615
individual under the supervision or control of the person for work	14616
done in this state; and	14617

(c) Any amount the person pays for services performed in this	14618
state on its behalf by another.	14619

(3) Has during the calendar year taxable gross receipts of at	14620
least five hundred thousand dollars.	14621

(4) Has at any time during the calendar year within this	14622
state at least twenty-five per cent of the person's total	14623
property, total payroll, or total gross receipts.	14624

(5) Is domiciled in this state as an individual or for	14625
corporate, commercial, or other business purposes.	14626

(J) "Tangible personal property" has the same meaning as in	14627
section 5739.01 of the Revised Code.	14628

(K) "Internal Revenue Code" means the Internal Revenue Code	14629
of 1986, 100 Stat. 2085, 26 U.S.C. 1, as amended. Any term used in	14630
this chapter that is not otherwise defined has the same meaning as	14631
when used in a comparable context in the laws of the United States	14632
relating to federal income taxes unless a different meaning is	14633
clearly required. Any reference in this chapter to the Internal	14634
Revenue Code includes other laws of the United States relating to	14635
federal income taxes.	14636

(L) "Calendar quarter" means a three-month period ending on	14637
the thirty-first day of March, the thirtieth day of June, the	14638
thirtieth day of September, or the thirty-first day of December.	14639

(M) "Tax period" means the calendar quarter or calendar year	14640
on the basis of which a taxpayer is required to pay the tax	14641
imposed under this chapter.	14642

(N) "Calendar year taxpayer" means a taxpayer for which the	14643
tax period is a calendar year.	14644

(O) "Calendar quarter taxpayer" means a taxpayer for which	14645
the tax period is a calendar quarter.	14646

(P) "Agent" means a person authorized by another person to	14647
act on its behalf to undertake a transaction for the other,	14648
including any of the following:	14649

(1) A person receiving a fee to sell financial instruments;

14650

(2) A person retaining only a commission from a transaction	14651
with the other proceeds from the transaction being remitted to	14652
another person;	14653

(3) A person issuing licenses and permits under section	14654
1533.13 of the Revised Code;	14655

(4) A lottery sales agent holding a valid license issued	14656
under section 3770.05 of the Revised Code;	14657

(5) A person acting as an agent of the division of liquor	14658
control under section 4301.17 of the Revised Code.	14659

(Q) "Received" includes amounts accrued under the accrual	14660
method of accounting.	14661

Sec. 5751.011.  (A) A group of two or more persons may elect	14662
to be a consolidated elected taxpayer for the purposes of this	14663
chapter if the group satisfies all of the following requirements:	14664

(1) The group elects to include all persons, including	14665
persons enumerated in divisions (E)(2) to (10) of section 5751.01	14666
of the Revised Code, having at least eighty per cent, or having at	14667
least fifty per cent, of the value of their ownership interests	14668
owned or controlled, directly or constructively through related	14669
interests, by common owners during all or any portion of the tax	14670
period, together with the common owners. At the election of the	14671
group, all entities that are not incorporated or formed under the	14672
laws of a state or of the United States and that meet the elected	14673
ownership test shall either be included in the group or all shall	14674
be excluded from the group. The group shall notify the tax	14675
commissioner of the foregoing elections before the due date of the	14676
return in which the election is to become effective. If fifty per	14677
cent of the value of a person's ownership interests is owned or	14678
controlled by each of two consolidated elected taxpayer groups	14679
formed under the fifty per cent ownership or control test, that	14680
person is a member of each group for the purposes of this section,	14681
and each group shall include in the group's taxable gross receipts	14682
fifty per cent of that person's taxable gross receipts. Otherwise,	14683
all of that person's taxable gross receipts shall be included in	14684
the taxable gross receipts of the consolidated elected taxpayer	14685
group of which the person is a member. In no event shall the	14686
ownership or control of fifty per cent of the value of a person's	14687
ownership interests by two otherwise unrelated groups form the	14688
basis for consolidating the groups into a single consolidated	14689
elected taxpayer group or permit any exclusion under division (C)	14690
of this section of taxable gross receipts between members of the	14691
two groups. Division (A)(3) of this section applies with respect	14692
to the elections described in this division.	14693

(2) The group makes the election to be treated as a	14694
consolidated elected taxpayer in the manner prescribed under	14695
division (D) of this section.	14696

(3) Subject to review and audit by the tax commissioner, the	14697
group agrees that all of the following apply:	14698

(a) The group shall file reports as a single taxpayer for at	14699
least the next eight calendar quarters following the election so	14700
long as at least two or more of the members of the group meet the	14701
requirements of division (A)(1) of this section.	14702

(b) Before the expiration of the eighth such calendar	14703
quarter, the group shall notify the commissioner if it elects to	14704
cancel its designation as a consolidated elected taxpayer. If the	14705
group does not so notify the tax commissioner, the election	14706
remains in effect for another eight calendar quarters.	14707

(c) If, at any time during any of those eight calendar	14708
quarters following the election, a former member of the group no	14709
longer meets the requirements under division (A)(1) of this	14710
section, that member shall report and pay the tax imposed under	14711
this chapter separately, as a member of a combined taxpayer, or,	14712
if the former member satisfies such requirements with respect to	14713
another consolidated elected group, as a member of that	14714
consolidated elected group.	14715

(d) The group agrees to the application of division (B) of	14716
this section.	14717

(B) A group of persons making the election under this section	14718
shall report and pay tax on all of the group's taxable gross	14719
receipts even if substantial nexus with this state does not exist	14720
for one or more persons in the group.	14721

(C)(1) A(a) Members of a consolidated elected taxpayer group	14722
shall exclude taxable gross receipts between its members and	14723
taxableamong persons included in the consolidated elected	14724
taxpayer group.	14725

(b) Subject to divisions (C)(1)(c) and (C)(2) of this	14726
section, nothing in this section shall have the effect of	14727
requiring a consolidated elected taxpayer group to include gross	14728
receipts received by a person enumerated in divisions (E)(2) to	14729
(10) of section 5751.01 of the Revised Code, except for taxable	14730
gross receipts received by a member described in division (E)(4)	14731
of section 5751.01 of the Revised Code that is not a qualifying	14732
dealer as defined in section 5725.24 of the Revised Code. Except	14733
as provided in division (C)(2) of this section, nothing in this	14734
section shall have the effect of excluding taxable gross receipts	14735
received from persons that are not members of the groupif that	14736
person is a member of the group pursuant to the elections made by	14737
the group under division (A)(1) of this section.	14738

(c)(i) As used in division (C)(1)(c) of this section, "dealer	14739
transfer" means a transfer of property that satisfies both of the	14740
following: (I) the property is directly transferred by any means	14741
from one member of the group to another member of the group that	14742
is a dealer in intangibles but is not a qualifying dealer as	14743
defined in section 5725.24 of the Revised Code; and (II) the	14744
property is subsequently delivered by the dealer in intangibles to	14745
a person that is not a member of the group.	14746

(ii) In the event of a dealer transfer, a consolidated	14747
elected taxpayer group shall not exclude, under division (C) of	14748
this section, gross receipts from the transfer described in	14749
division (C)(1)(c)(i)(I) of this section.	14750

(2) Gross receipts related to the sale or transmission of	14751
electricity through the use of an intermediary regional	14752
transmission organization approved by the federal energy	14753
regulatory commission shall be excluded from taxable gross	14754
receipts under division (C)(1) of this section if all other	14755
requirements of that division are met, even if the receipts are	14756
from and to the same member of the group.	14757

(D) To make the election to be a consolidated elected	14758
taxpayer, a group of persons shall notify the tax commissioner of	14759
the election in the manner prescribed by the commissioner and pay	14760
the commissioner a registration fee equal to the lesser of two	14761
hundred dollars or twenty dollars for each person in the group. No	14762
additional fee shall be imposed for the addition of new members to	14763
the group once the group has remitted a fee in the amount of two	14764
hundred dollars. The election shall be made and the fee paid	14765
before the later of the beginning of the first calendar quarter to	14766
which the election applies or November 15, 2005. The fee shall be	14767
collected and used in the same manner as provided in section	14768
5751.04 of the Revised Code.	14769

The election shall be made on a form prescribed by the tax	14770
commissioner for that purpose and shall be signed by one or more	14771
individuals with authority, separately or together, to make a	14772
binding election on behalf of all persons in the group.	14773

Any person acquired or formed after the filing of the	14774
registration shall be included in the group if the person meets	14775
the requirements of division (A)(1) of this section, and the group	14776
shall notify the tax commissioner of any additions to the group	14777
with the next tax return it files with the commissioner.	14778

(E) Each member of a consolidated elected taxpayer is jointly	14779
and severally liable for the tax imposed by this chapter and any	14780
penalties or interest thereon. The tax commissioner may require	14781
one person in the group to be the taxpayer for purposes of	14782
registration and remittance of the tax, but all members of the	14783
group are subject to assessment under section 5751.09 of the	14784
Revised Code.	14785

Sec. 5751.033.  For the purposes of this chapter, gross	14786
receipts shall be sitused to this state as follows:	14787

(A) Gross rents and royalties from real property located in	14788
this state shall be sitused to this state.	14789

(B) Gross rents and royalties from tangible personal property	14790
shall be sitused to this state to the extent the tangible personal	14791
property is located or used in this state.	14792

(C) Gross receipts from the sale of electricity and electric	14793
transmission and distribution services shall be sitused to this	14794
state in the manner provided under section 5733.059 of the Revised	14795
Code.	14796

(D) Gross receipts from the sale of real property located in	14797
this state shall be sitused to this state.	14798

(E) Gross receipts from the sale of tangible personal	14799
property shall be sitused to this state if the property is	14800
received in this state by the purchaser. In the case of delivery	14801
of tangible personal property by common carrier or by other means	14802
of transportation, the place at which such property is ultimately	14803
received after all transportation has been completed shall be	14804
considered the place where the purchaser receives the property.	14805
For purposes of this section, the phrase "delivery of tangible	14806
personal property by common carrier or by other means of	14807
transportation" includes the situation in which a purchaser	14808
accepts the property in this state and then transports the	14809
property directly or by other means to a location outside this	14810
state. Direct delivery in this state, other than for purposes of	14811
transportation, to a person or firm designated by a purchaser	14812
constitutes delivery to the purchaser in this state, and direct	14813
delivery outside this state to a person or firm designated by a	14814
purchaser does not constitute delivery to the purchaser in this	14815
state, regardless of where title passes or other conditions of	14816
sale.	14817

(F) Gross receipts from the sale, exchange, disposition, or	14818
other grant of the right to use trademarks, trade names, patents,	14819
copyrights, and similar intellectual property shall be sitused to	14820
this state to the extent that the receipts are based on the amount	14821
of use of the property in this state. If the receipts are not	14822
based on the amount of use of the property, but rather on the	14823
right to use the property, and the payor has the right to use the	14824
property in this state, then the receipts from the sale, exchange,	14825
disposition, or other grant of the right to use such property	14826
shall be sitused to this state to the extent the receipts are	14827
based on the right to use the property in this state.	14828

(G) Gross receipts from the sale of transportation services	14829
by a common or contract carrier shall be sitused to this state in	14830
proportion to the mileage traveled by the carrier during the tax	14831
period on roadways, waterways, airways, and railways in this state	14832
to the mileage traveled by the carrier during the tax period on	14833
roadways, waterways, airways, and railways everywhere. With prior	14834
written approval of the tax commissioner, a common or contract	14835
carrier may use an alternative situsing procedure for	14836
transportation services.	14837

(H) Gross receipts from dividends, interest, and other	14838
sources of income from financial instruments described in division	14839
divisions (F)(4), (5), (6), (7), (8), (9), (10), (11), and (13) of	14840
section 5733.056 of the Revised Code shall be sitused to this	14841
state in accordance with the situsing provisions set forth in	14842
those divisions. When applying the provisions of divisions (F)(6),	14843
(8), and (13) of section 5733.056 of the Revised Code, "gross	14844
receipts" shall be substituted for "net gains" wherever "net	14845
gains" appears in those divisions. Nothing in this division limits	14846
or modifies the exclusions enumerated in divisions (E) and (F)(2)	14847
of section 5751.01 of the Revised Code. The tax commissioner may	14848
promulgate rules to further specify the manner in which to situs	14849
gross receipts subject to this division.	14850

(I) Gross receipts from the sale of all other services, and	14851
all other gross receipts not otherwise sitused under this section,	14852
shall be sitused to this state in the proportion that the	14853
purchaser's benefit in this state with respect to what was	14854
purchased bears to the purchaser's benefit everywhere with respect	14855
to what was purchased. The physical location where the purchaser	14856
ultimately uses or receives the benefit of what was purchased	14857
shall be paramount in determining the proportion of the benefit in	14858
this state to the benefit everywhere. If a taxpayer's records do	14859
not allow the taxpayer to determine that location, the taxpayer	14860
may use an alternative method to situs gross receipts under this	14861
division if the alternative method is reasonable, is consistently	14862
and uniformly applied, and is supported by the taxpayer's records	14863
as the records exist when the service is provided or within a	14864
reasonable period of time thereafter.	14865

(J) If the situsing provisions of divisions (A) to (H) of	14866
this section do not fairly represent the extent of a person's	14867
activity in this state, the person may request, or the tax	14868
commissioner may require or permit, an alternative method. Such	14869
request by a person must be made within the applicable statute of	14870
limitations set forth in this chapter.	14871

(K) The tax commissioner may adopt rules to provide	14872
additional guidance to the application of this section, and	14873
provide alternative methods of situsing gross receipts that apply	14874
to all persons, or subset of persons, that are engaged in similar	14875
business or trade activities.	14876

Sec. 5910.03.  Scholarships shall be granted only to children	14877
of deceased or disabled veterans of the armed services of the	14878
United States. To be eligible for a scholarship, such child shall:	14879

(A) At the time of application, have attained the sixteenth,	14880
but not the twenty-firsttwenty-fifth, birthday;	14881

(B) At the time of application, if a child of a veteran who	14882
entered the armed services:	14883

(1) As a legal resident of Ohio, have resided in the state	14884
for the last preceding year;	14885

(2) Not as a legal resident of Ohio, have resided in the	14886
state for the year preceding the year in which application for the	14887
scholarship is made and any other four of the last ten years;	14888

(C) Be in financial need, as determined by the board.

14889

Sec. 5919.31. (A) If an active duty member of the Ohio	14890
national guard chooses to purchase life insurance pursuant to the	14891
"Servicemembers' Group Life Insurance Act," 79 Stat. 880 et seq.	14892
(1965), 38 U.S.C. 1965 et seq. and if the adjutant general	14893
determines that the member is ineligible for reimbursement of	14894
associated premiums under federal law, the adjutant general shall	14895
reimburse the member in an amount equal to the monthly premium	14896
paid for each month or part of a month by the member pursuant to	14897
the act while being an active duty member.	14898

(B) The adjutant general may request additional money from	14899
the controlling board if the adjutant general does not have	14900
sufficient available unencumbered funds to reimburse active duty	14901
members for life insurance premiums pursuant to this section.	14902

(C) The adjutant general may prescribe and enforce	14903
regulations to implement the requirements of this section. In	14904
prescribing and enforcing those regulations, the adjutant general	14905
need not comply with section 111.15 or Chapter 119. of the Revised	14906
Code.	14907

(D) As used in this section, "active duty member" means a	14908
member of the Ohio national guard on active duty pursuant to an	14909
executive order of the president of the United States, the "Act of	14910
October 28, 2004," 118 Stat. 1878, 32 U.S.C. 901 to 908, as	14911
amended, another act of the congress of the United States, or a	14912
proclamation of the governor, but does not include a member	14913
performing full-time Ohio national guard duty or performing	14914
special work active duty under the "Act of October 3, 1964," 78	14915
Stat. 999, 32 U.S.C. 502(f).	14916

Section 101.02. That existing sections 3.21, 3.23, 5.10,	14917
9.37, 101.15, 101.34, 101.72, 101.83, 101.92, 107.40, 121.62,	14918
122.17, 122.171, 126.11, 131.02, 133.021, 133.07, 133.08, 133.20,	14919
151.01, 151.09, 151.10, 151.40, 152.09, 152.18, 152.19, 152.21,	14920
152.24, 152.26, 154.02, 154.20, 164.04, 169.13, 176.05, 307.695,	14921
333.02, 333.04, 340.03, 340.09, 340.12, 715.70, 715.81, 1520.02,	14922
1702.01, 1702.08, 1702.11, 1702.17, 1702.19, 1702.20, 1702.22,	14923
1702.27, 1702.38, 1702.39, 1702.42, 1702.58, 2301.02, 2305.26,	14924
2329.07, 2701.06, 3317.013, 3317.022, 3317.029, 3317.0217,	14925
3317.03, 3383.01, 3383.07, 3706.01, 3770.05, 3770.073, 3905.36,	14926
3931.07, 4115.04, 4121.121, 4503.068, 4710.02, 4728.03, 4733.14,	14927
4763.03, 4763.05, 4763.06, 4919.76, 5107.12, 5111.88, 5115.06,	14928
5119.071, 5119.611, 5120.03, 5123.08, 5139.02, 5502.62, 5537.01,	14929
5537.02, 5537.03, 5537.10, 5537.17, 5537.24, 5537.26, 5537.27,	14930
5537.28, 5701.11, 5709.87, 5725.31, 5727.84, 5729.07, 5733.42,	14931
5739.01, 5739.09, 5741.101, 5747.39, 5748.01, 5751.01, 5751.011,	14932
5751.033, 5910.03, and 5919.31 of the Revised Code are hereby	14933
repealed.	14934

Section 101.03. That existing Section 206.09.84 of Am. Sub.	14935
H.B. 66 of the 126th General Assembly, as amended by Am. Sub. H.B.	14936
530 of the 126th General Asembly, is hereby repealed.	14937

Section 110.07. That the version of section 5502.62 of the	14938
Revised Code that is scheduled to take effect April 1, 2007, be	14939
amended to read as follows:	14940

Sec. 5502.62.  (A) There is hereby created in the department	14941
of public safety a division of criminal justice services. The	14942
director of public safety, with the concurrence of the governor,	14943
shall appoint an executive director of the division of criminal	14944
justice services. The executive director shall be the head of the	14945
division. The executive director shall serve at the pleasure of	14946
the director of public safety. To carry out the duties assigned	14947
under this section and to comply with sections 5502.63 to 5502.66	14948
of the Revised Code, the executive director, subject to the	14949
direction and control of the director of public safety, may	14950
appoint and maintain any necessary staff and may enter into any	14951
necessary contracts and other agreements. The executive director	14952
of the division, and all professional and technical personnel	14953
employed within the division who are not public employees as	14954
defined in section 4117.01 of the Revised Code, shall be in the	14955
unclassified civil service, and all other persons employed within	14956
the division shall be in the classified civil service.	14957

(B) Subject to division (F) of this section and subject to	14958
divisions (D) to (F) of section 5120.09 of the Revised Code	14959
insofar as those divisions relate to federal criminal justice acts	14960
that the governor requires the department of rehabilitation and	14961
correction to administer, the division of criminal justice	14962
services shall do all of the following:	14963

(1) Serve as the state criminal justice services agency and	14964
perform criminal justice system planning in the state, including	14965
any planning that is required by any federal law;	14966

(2) Collect, analyze, and correlate information and data	14967
concerning the criminal justice system in the state;	14968

(3) Cooperate with and provide technical assistance to state	14969
departments, administrative planning districts, metropolitan	14970
county criminal justice services agencies, criminal justice	14971
coordinating councils, agencies, offices, and departments of the	14972
criminal justice system in the state, and other appropriate	14973
organizations and persons;	14974

(4) Encourage and assist agencies, offices, and departments	14975
of the criminal justice system in the state and other appropriate	14976
organizations and persons to solve problems that relate to the	14977
duties of the division;	14978

(5) Administer within the state any federal criminal justice	14979
acts that the governor requires it to administer;	14980

(6) Administer funds received under the "Family Violence	14981
Prevention and Services Act," 98 Stat. 1757 (1984), 42 U.S.C.A.	14982
10401, as amended, with all powers necessary for the adequate	14983
administration of those funds, including the authority to	14984
establish a family violence prevention and services program;	14985

(7) Implement the state comprehensive plans;

14986

(8) Audit grant activities of agencies, offices,	14987
organizations, and persons that are financed in whole or in part	14988
by funds granted through the division;	14989

(9) Monitor or evaluate the performance of criminal justice	14990
system projects and programs in the state that are financed in	14991
whole or in part by funds granted through the division;	14992

(10) Apply for, allocate, disburse, and account for grants	14993
that are made available pursuant to federal criminal justice acts,	14994
or made available from other federal, state, or private sources,	14995
to improve the criminal justice system in the state. Except as	14996
otherwise provided in this division, all money from such federal	14997
grants shall, if the terms under which the money is received	14998
require that the money be deposited into an interest-bearing fund	14999
or account, be deposited in the state treasury to the credit of	15000
the federal program purposes fund, which is hereby created. All	15001
investment earnings of the federal program purposes fund shall be	15002
credited to the fund. All money from such federal grants that	15003
require that the money be deposited into an interest-bearing fund	15004
or account, that are intended to provide funding to local criminal	15005
justice programs, and that require that investment earnings be	15006
distributed for program purposes shall be deposited in the state	15007
treasury to the credit of the federal justice programs fundfunds,	15008
which isare hereby created. A separate fund shall be established	15009
each federal fiscal year. All investment earnings of thea federal	15010
justice programs fund shall be credited to thethat fund and	15011
distributed in accordance with the terms of the grant under which	15012
the money is received.	15013

(11) Contract with federal, state, and local agencies,	15014
foundations, corporations, businesses, and persons when necessary	15015
to carry out the duties of the division;	15016

(12) Oversee the activities of metropolitan county criminal	15017
justice services agencies, administrative planning districts, and	15018
criminal justice coordinating councils in the state;	15019

(13) Advise the director of public safety, general assembly,	15020
and governor on legislation and other significant matters that	15021
pertain to the improvement and reform of criminal and juvenile	15022
justice systems in the state;	15023

(14) Prepare and recommend legislation to the director of	15024
public safety, general assembly, and governor for the improvement	15025
of the criminal and juvenile justice systems in the state;	15026

(15) Assist, advise, and make any reports that are requested	15027
or required by the governor, director of public safety, attorney	15028
general, or general assembly;	15029

(16) Develop and maintain the Ohio incident-based reporting	15030
system in accordance with division (C) of this section;	15031

(17) Subject to the approval of the director of public	15032
safety, adopt rules pursuant to Chapter 119. of the Revised Code;	15033

(18)(a) Not later than June 1, 2007, and subject to the	15034
approval of the director of public safety, adopt rules for the	15035
establishment and maintenance of a mcgruff house program by any	15036
sponsoring agency. The rules shall include the following:	15037

(i) The adoption of the mcgruff house symbol to be used	15038
exclusively in all mcgruff house programs in this state;	15039

(ii) The requirements for any sponsoring agency to establish	15040
and maintain a mcgruff house program;	15041

(iii) The criteria for the selection of volunteers to	15042
participate in a mcgruff house program that shall include, but not	15043
be limited to, criminal background checks of those volunteers;	15044

(iv) Any other matters that the division of criminal justice	15045
services considers necessary for the establishment and maintenance	15046
of mcgruff house programs by sponsoring agencies and the	15047
participation of volunteers in those programs.	15048

(b) The division of criminal justice services shall	15049
distribute materials and provide technical assistance to any	15050
sponsoring agency that establishes and maintains a mcgruff house	15051
program, any volunteer group or organization that provides	15052
assistance to that sponsoring agency, or any volunteer who	15053
participates in a mcgruff house program.	15054

(C) The division of criminal justice services shall develop	15055
and maintain the Ohio incident-based reporting system to	15056
facilitate the sharing of information with the federal bureau of	15057
investigation and participating law enforcement agencies in Ohio.	15058
The Ohio incident-based reporting system shall be known as OIBRS.	15059
In connection with OIBRS, the division shall do all of the	15060
following:	15061

(1) Collect and organize statistical data for reporting to	15062
the national incident-based reporting system operated by the	15063
federal bureau of investigation for the purpose of securing	15064
federal criminal justice grants;	15065

(2) Analyze and highlight mapping data for participating law	15066
enforcement agencies;	15067

(3) Distribute data and analyses to participating law	15068
enforcement agencies;	15069

(4) Encourage nonparticipating law enforcement agencies to	15070
participate in OIBRS by offering demonstrations, training, and	15071
technical assistance;	15072

(5) Provide assistance, advice, and reports requested by the	15073
governor, the general assembly, or the federal bureau of	15074
investigation;	15075

(6) Require every law enforcement agency that receives	15076
federal criminal justice grants or state criminal justice	15077
information system general revenue funds through the division to	15078
participate in OIBRS or in the uniform crime reporting program of	15079
the federal bureau of investigation. An agency that submits OIBRS	15080
data to the Ohio local law enforcement information sharing network	15081
shall be considered to be in compliance with division (C)(6) of	15082
this section if both of the following apply:	15083

(a) The Ohio local law enforcement information sharing	15084
network is capable of collecting OIBRS data.	15085

(b) The division of criminal justice services has the ability	15086
to extract the OIBRS data for reporting to the national	15087
incident-based reporting system in the manner required by the	15088
federal bureau of investigation.	15089

(D) Upon the request of the director of public safety or	15090
governor, the division of criminal justice services may do any of	15091
the following:	15092

(1) Collect, analyze, or correlate information and data	15093
concerning the juvenile justice system in the state;	15094

(2) Cooperate with and provide technical assistance to state	15095
departments, administrative planning districts, metropolitan	15096
county criminal justice service agencies, criminal justice	15097
coordinating councils, agency offices, and the departments of the	15098
juvenile justice system in the state and other appropriate	15099
organizations and persons;	15100

(3) Encourage and assist agencies, offices, and departments	15101
of the juvenile justice system in the state and other appropriate	15102
organizations and persons to solve problems that relate to the	15103
duties of the division.	15104

(E) Divisions (B), (C), and (D) of this section do not limit	15105
the discretion or authority of the attorney general with respect	15106
to crime victim assistance and criminal justice programs.	15107

(F) Nothing in this section is intended to diminish or alter	15108
the status of the office of the attorney general as a criminal	15109
justice services agency or to diminish or alter the status or	15110
discourage the development and use of other law enforcement	15111
information systems in Ohio.	15112

Section 110.08. That the existing version of section 5502.62	15113
of the Revised Code that is scheduled to take effect April 1,	15114
2007, is hereby repealed.	15115

Section 110.09. That Sections 110.07 and 110.08 of this act	15116
take effect April 1, 2007.	15117

Section 201.10. The items set forth in this section are	15118
hereby appropriated out of any moneys in the state treasury to the	15119
credit of the Wildlife Fund (Fund 015), that are not otherwise	15120
appropriated.	15121

Appropriations

DNR DEPARTMENT OF NATURAL RESOURCES

15122

CAP-012		Land Acquisition - Statewide		$	3,000,000		15123
CAP-852		Wildlife Area Building Development/Renovations		$	1,000,000		15124
Total Department of Natural Resources				$	4,000,000		15125
TOTAL Wildlife Fund				$	4,000,000		15126

Section 203.10.  The items set forth in this section are	15128
hereby appropriated out of any moneys in the state treasury to the	15129
credit of the Public School Building Fund (Fund 021), that are not	15130
otherwise appropriated.	15131

Appropriations

SFC SCHOOL FACILITIES COMMISSION

15132

CAP-622		Public School Buildings		$	154,632,362		15133
CAP-786		New School Planning and Design		$	4,000,000		15134
Total School Facilities Commission				$	158,632,362		15135
TOTAL Public School Building Fund				$	158,632,362		15136

Section 203.20. PUBLIC SCHOOL BUILDING FUND

15138

The Controlling Board, when requested to do so by the	15139
Executive Director of the Ohio School Facilities Commission, may	15140
increase appropriations in the Public School Building Fund (Fund	15141
021), based on revenues received by the fund, including cash	15142
transfers and interest that may accrue to the fund.	15143

Section 203.40. NEW BLIND AND DEAF SCHOOL PLANNING AND DESIGN

15144

The foregoing appropriation item CAP-786, New School Planning	15145
and Design, shall be used for the planning and design of a new	15146
consolidated school, residential facility, transportation garage,	15147
and athletic facilities for the Ohio State School for the Blind	15148
and the Ohio School for the Deaf. Notwithstanding sections 123.01	15149
and 123.15 of the Revised Code and in addition to its powers and	15150
duties under Chapter 3318. of the Revised Code, the Ohio School	15151
Facilities Commission shall administer the planning and design of	15152
a new consolidated school, residential facility, transportation	15153
garage, and athletic facilities for the Ohio State School for the	15154
Blind and the Ohio School for the Deaf on the current campus of	15155
the Ohio School for the Deaf. The design and construction of the	15156
new consolidated school shall comply to the fullest extent	15157
possible with the specifications and policies set forth in the	15158
Ohio School Design Manual. This project shall not be considered a	15159
part of any program created under Chapter 3318. of the Revised	15160
Code. The Executive Director of the Ohio School Facilities	15161
Commission shall determine the planning, design, scope, and budget	15162
of the project in consultation with the superintendents of the	15163
Ohio State School for the Blind and the Ohio School for the Deaf	15164
and the Director of Budget and Management. Upon issuance by the	15165
Commission of a certificate of completion of the project, the	15166
Commission's participation in the project shall end.	15167

The Executive Director of the Ohio School Facilities	15168
Commission shall comply with the procedures and guidelines	15169
established in Chapter 153. of the Revised Code. Upon the release	15170
of funds for the project by the Controlling Board or the Director	15171
of Budget and Management, the commission may administer the	15172
project without the supervision, control, or approval of the	15173
Director of Administrative Services. Any references to the	15174
Director of Administrative Services in the Revised Code, with	15175
respect to the administration of this project, shall be construed	15176
to refer to the Director of the Ohio School Facilities Commission.	15177

Section 205.10.  The items set forth in this section are	15178
hereby appropriated out of any moneys in the state treasury to the	15179
credit of the Highway Safety Fund (Fund 036), that are not	15180
otherwise appropriated.	15181

Appropriations

DHS DEPARTMENT OF PUBLIC SAFETY

15182

CAP-083		Alum Creek Facility Roof Renovation		$	1,067,000		15183
CAP-084		OSHP Academy Maintenance		$	433,000		15184
Total Department of Public Safety				$	1,500,000		15185
TOTAL Highway Safety Fund				$	1,500,000		15186

Section 207.10. All items set forth in this section are	15188
hereby appropriated out of any moneys in the state treasury to the	15189
credit of the State Capital Improvements Revolving Loan Fund (Fund	15190
040). Revenues to the State Capital Improvements Revolving Loan	15191
Fund shall consist of all repayments of loans made to local	15192
subdivisions for capital improvements, investment earnings on	15193
moneys in the fund, and moneys obtained from federal or private	15194
grants or from other sources for the purpose of making loans for	15195
the purpose of financing or assisting in the financing of the cost	15196
of capital improvement projects of local subdivisions.	15197

Appropriations

PWC PUBLIC WORKS COMMISSION

15198

CAP-151		Revolving Loan		$	25,300,000		15199
Total Public Works Commission				$	25,300,000		15200
TOTAL State Capital Improvements Revolving Loan Fund				$	25,300,000		15201

The foregoing appropriation item CAP-151, Revolving Loan,	15202
shall be used in accordance with sections 164.01 to 164.12 of the	15203
Revised Code.	15204

If the Public Works Commission receives refunds due to	15205
project overpayments that are discovered during a post-project	15206
audit, the Director of the Public Works Commission may certify to	15207
the Director of Budget and Management that refunds have been	15208
received. In certifying the refunds, the Director of the Public	15209
Works Commission shall provide the Director of Budget and	15210
Management information on the project refunds. The certification	15211
shall detail by project the source and amount of project	15212
overpayments received and include any supporting documentation	15213
required or requested by the Director of Budget and Management.	15214
Upon receipt of the certification, the Director of Budget and	15215
Management shall determine if the project refunds are necessary to	15216
support existing appropriations. If the project refunds are	15217
available to support additional appropriations, these amounts are	15218
hereby appropriated to appropriation item CAP-151, Revolving Loan.	15219

Section 209.10.  All items set forth in this section are	15220
hereby appropriated out of any moneys in the state treasury to the	15221
credit of the Waterways Safety Fund (Fund 086), that are not	15222
otherwise appropriated.	15223

Appropriations

DNR DEPARTMENT OF NATURAL RESOURCES

15224

CAP-324		Cooperative Funding for Boating Facilities		$	8,700,000		15225
CAP-934		Operations Facilities Development		$	3,440,000		15226
Total Department of Natural Resources				$	12,140,000		15227
TOTAL Waterways Safety Fund				$	12,140,000		15228

Section 211.10. All items set forth in this section are	15230
hereby appropriated out of any moneys in the state treasury to the	15231
credit of the Army National Guard Service Contract Fund (Fund	15232
342), that are not otherwise appropriated.	15233

Appropriations

ADJ ADJUTANT GENERAL

15234

CAP-065		Armory Construction-Federal		$	877,275		15235
Total Adjutant General				$	877,275		15236
TOTAL Army National Guard Service Contract Fund				$	877,275		15237

Section 213.10. All items set forth in this section are	15239
hereby appropriated out of any moneys in the state treasury to the	15240
credit of the Special Administrative Fund (Fund 4A9), that are not	15241
otherwise appropriated.	15242

Appropriations

JFS DEPARTMENT OF JOB AND FAMILY SERVICES

15243

CAP-702		Central Office Building Renovations		$	2,000,000		15244
Total Department of Job and Family Services				$	2,000,000		15245
TOTAL Special Administrative Fund				$	2,000,000		15246

Section 215.10. The items set forth in this section are	15248
hereby appropriated out of any moneys in the state treasury to the	15249
credit of the State Fire Marshal Fund (Fund 546), that are not	15250
otherwise appropriated.	15251

Appropriations

COM DEPARTMENT OF COMMERCE

15252

CAP-115		Emergency Generator Replacement		$	1,650,000		15253
CAP-116		IT Infrastructure		$	720,000		15254
CAP-117		Security Fence & Entrance Gate		$	50,000		15255
CAP-118		Driver Training/Road Improvement		$	1,070,000		15256
CAP-119		Master Plan for SFM Facilities		$	500,000		15257
CAP-120		Forensic Laboratory Equipment		$	130,000		15258
Total Department of Commerce				$	4,120,000		15259
TOTAL State Fire Marshal Fund				$	4,120,000		15260

Section 217.10.  The items set forth in this section are	15262
hereby appropriated out of any moneys in the state treasury to the	15263
credit of the Veterans' Home Improvement Fund (Fund 604), that are	15264
not otherwise appropriated.	15265

Appropriations

OVH OHIO VETERANS' HOME AGENCY

15266

CAP-786		General Building Renovations		$	2,700,000		15267
Total Ohio Veterans' Home Agency				$	2,700,000		15268
TOTAL Veterans' Home Improvement Fund				$	2,700,000		15269

Section 219.10. All items set forth in this section are	15271
hereby appropriated out of any moneys in the state treasury to the	15272
credit of the Job Ready Site Development Fund (Fund 012), that are	15273
not otherwise appropriated:	15274

Appropriations

DEV DEPARTMENT OF DEVELOPMENT

15275

CAP-003		Job Ready Sites		$	30,000,000		15276
Total Department of Development				$	30,000,000		15277
TOTAL Job Ready Site Development Fund				$	30,000,000		15278

Section 219.20. JOB READY SITE DEVELOPMENT

15280

The Ohio Public Facilities Commission, upon request of the	15281
Department of Development, is hereby authorized to issue and sell,	15282
in accordance with Section 2p of Article VIII, Ohio Constitution,	15283
and pursuant to sections 151.01 and 151.11 of the Revised Code,	15284
original obligations of the State of Ohio in an aggregate amount	15285
not to exceed $30,000,000 in addition to the original issuance of	15286
obligations heretofore authorized by prior acts of the General	15287
Assembly. These authorized obligations shall be issued and sold	15288
from time to time, subject to applicable constitutional and	15289
statutory limitations, as needed to ensure sufficient moneys to	15290
the credit of the Job Ready Site Development Fund (Fund 012) to	15291
pay costs of sites and facilities.	15292

Section 221.10.10.  All items set forth in Sections 221.10.20	15293
to 221.20.10 of this act are hereby appropriated out of any moneys	15294
in the state treasury to the credit of the Administrative Building	15295
Fund (Fund 026), that are not otherwise appropriated.	15296

Appropriations

Section 221.10.20. ADJ ADJUTANT GENERAL

15297

CAP-036		Roof Replacement - Various		$	530,000		15298
CAP-038		Electrical Systems - Various		$	560,000		15299
CAP-044		Replace Windows/Doors - Various		$	220,000		15300
CAP-045		Plumbing Renovations - Various		$	525,000		15301
CAP-046		Paving Renovations - Various		$	455,225		15302
CAP-050		HVAC Systems - Various		$	700,000		15303
CAP-056		Masonry Repairs/Renovations - Various		$	220,000		15304
CAP-071		Construct Delaware Armory		$	1,756,250		15305
CAP-072		Energy Conservation - Various		$	33,525		15306
CAP-063		Rickenbacker International Airport		$	2,775,000		15307
CAP-075		Mansfield Lahm Air National Guard Facility		$	1,000,000		15308
CAP-076		Camp Perry Improvements		$	1,200,000		15309
Total Adjutant General				$	9,975,000		15310

ARMORY CONSTRUCTION

15311

The foregoing appropriation item CAP-071, Construct Delaware	15312
Armory, shall be used to fund the state's share of the cost of	15313
building a basic armory in the Delaware area, including the cost	15314
of site acquisition, site preparation, and planning and design.	15315
Appropriations shall not be released for this item without a	15316
certification by the Adjutant General to the Director of Budget	15317
and Management that sufficient moneys have been allocated for the	15318
federal share of the cost of construction.	15319

Appropriations

Section 221.10.30. DAS DEPARTMENT OF ADMINISTRATIVE SERVICES

15320

CAP-773		Governor's Residence Renovations		$	912,000		15321
CAP-826		Surface Road Building Renovations		$	394,300		15322
CAP-834		Capital Improvements Project Management System		$	2,342,400		15323
CAP-835		Energy Conservation Projects		$	1,000,000		15324
CAP-838		SOCC Renovations		$	1,200,000		15325
CAP-850		Education Building Renovations		$	564,900		15326
CAP-852		North High Building Complex Renovations		$	14,001,400		15327
CAP-855		Office Space Planning		$	5,000,000		15328
CAP-856		Governor's Residence Security Upgrades		$	25,000		15329
CAP-865		DAS Building Security Upgrades		$	79,500		15330
Total Department of Administrative Services				$	25,519,500		15331

Appropriations

Section 221.10.40. AGR DEPARTMENT OF AGRICULTURE

15333

CAP-043		Building and Grounds Renovation		$	600,000		15334
CAP-051		Plant Industries Building #7 Replacement		$	10,485,631		15335
CAP-052		Grounds Security/Emergency Power		$	200,000		15336
Total Department of Agriculture				$	11,285,631		15337

Appropriations

Section 221.10.50. CSR CAPITOL SQUARE REVIEW AND ADVISORY	15339
BOARD	15340

CAP-024		Capitol Square Security		$	350,000		15341
Total Capitol Square Review and Advisory Board				$	350,000		15342

Appropriations

Section 221.10.60. EXP EXPOSITIONS COMMISSION

15344

CAP-056		Building Renovations and Repairs		$	4,696,000		15345
CAP-072		Emergency Repairs and Equipment Repair or Replacement		$	1,000,000		15346
CAP-074		Multi-Purpose Building		$	14,000,000		15347
Total Expositions Commission				$	19,696,000		15348

Appropriations

Section 221.10.70. DHS DEPARTMENT OF PUBLIC SAFETY

15350

CAP-085		American Red Cross Public Safety Facility		$	500,000		15351
CAP-086		Consolidated Communications Project of Strongsville		$	100,000		15352
CAP-087		Domestic Violence Shelter		$	100,000		15353
CAP-088		Family Services of Cincinnati		$	100,000		15354
Total Department of Public Safety				$	800,000		15355

Appropriations

Section 221.10.80. DNR DEPARTMENT OF NATURAL RESOURCES

15357

CAP-742		Fountain Square Building and Telephone System Improvements		$	1,000,000		15358
CAP-744		MARCS		$	2,000,000		15359
CAP-747		DNR Fairgrounds Areas - General Upgrading - Fairgrounds Site Improvements		$	700,000		15360
Total Department of Natural Resources				$	3,700,000		15361

Appropriations

Section 221.10.90. OSB SCHOOL FOR THE BLIND

15363

CAP-784		Renovations and Repairs		$	890,000		15364
CAP-785		Replacement of School Elevator		$	110,000		15365
Total School for the Blind				$	1,000,000		15366

Appropriations

Section 221.20.10. OSD SCHOOL FOR THE DEAF

15368

CAP-783		Renovations and Repairs		$	1,000,000		15369
Total School for the Deaf				$	1,000,000		15370
TOTAL Administrative Building Fund				$	73,326,131		15371

Section 221.20.20.  The Ohio Building Authority is hereby	15372
authorized to issue and sell, in accordance with Section 2i of	15373
Article VIII, Ohio Constitution, and Chapter 152. and other	15374
applicable sections of the Revised Code, original obligations in	15375
an aggregate principal amount not to exceed $66,000,000 in	15376
addition to the original issuance of obligations heretofore	15377
authorized by prior acts of the General Assembly. These authorized	15378
obligations shall be issued, subject to applicable constitutional	15379
and statutory limitations, to pay costs associated with previously	15380
authorized capital facilities and the capital facilities referred	15381
to in Sections 221.10.10 to 221.20.10 of this act.	15382

Section 223.10.  All items set forth in this section are	15383
hereby appropriated out of any moneys in the state treasury to the	15384
credit of the Adult Correctional Building Fund (Fund 027), that	15385
are not otherwise appropriated.	15386

Appropriations

DRC DEPARTMENT OF REHABILITATION AND CORRECTION

15387

STATEWIDE AND CENTRAL OFFICE PROJECTS

15388

CAP-003		Community Based Correctional Facility		$	1,200,000		15389
CAP-017		Security Improvements - Statewide		$	6,127,037		15390
CAP-111		General Building Renovations		$	28,847,973		15391
Total Statewide and Central Office Projects				$	36,175,010		15392
TOTAL Department of Rehabilitation and Correction				$	36,175,010		15393
TOTAL ADULT CORRECTIONAL BUILDING FUND				$	36,175,010		15394

Section 223.20.  The Ohio Building Authority is hereby	15396
authorized to issue and sell, in accordance with Section 2i of	15397
Article VIII, Ohio Constitution, and Chapter 152. and section	15398
307.021 of the Revised Code, original obligations in an aggregate	15399
principal amount not to exceed $21,000,000 in addition to the	15400
original issuance of obligations heretofore authorized by prior	15401
acts of the General Assembly. These authorized obligations shall	15402
be issued, subject to applicable constitutional and statutory	15403
limitations, to pay costs associated with previously authorized	15404
capital facilities and the capital facilities referred to in	15405
Section 223.10 of this act for the Department of Rehabilitation	15406
and Correction.	15407

Section 225.10.  All items set forth in this section are	15408
hereby appropriated out of any moneys in the state treasury to the	15409
credit of the Juvenile Correctional Building Fund (Fund 028), that	15410
are not otherwise appropriated.	15411

Appropriations

DYS DEPARTMENT OF YOUTH SERVICES

15412

CAP-801		Fire Suppression/Safety/Security		$	2,369,806		15413
CAP-803		General Institutional Renovations		$	4,833,336		15414
CAP-812		CCF Renovations/Maintenance		$	1,322,304		15415
CAP-837		Sanitary Safety & Other Renovations - Indian River		$	4,850,000		15416
CAP-839		Classroom Renovations		$	1,988,875		15417
CAP-840		Mental Health Unit Construction		$	2,877,510		15418
Total Department of Youth Services				$	18,241,831		15419
TOTAL Juvenile Correctional Building Fund				$	18,241,831		15420

Section 225.20.  The Ohio Building Authority is hereby	15422
authorized to issue and sell, in accordance with Section 2i of	15423
Article VIII, Ohio Constitution, and Chapter 152. and other	15424
applicable sections of the Revised Code, original obligations in	15425
an aggregate principal amount not to exceed $18,000,000 in	15426
addition to the original issuance of obligations heretofore	15427
authorized by prior acts of the General Assembly. These authorized	15428
obligations shall be issued, subject to applicable constitutional	15429
and statutory limitations, to pay the costs associated with	15430
previously authorized capital facilities and the capital	15431
facilities referred to in Section 225.10 of this act for the	15432
Department of Youth Services.	15433

Section 227.10. All items set forth in this section are	15434
hereby appropriated out of any moneys in the state treasury to the	15435
credit of the Cultural and Sports Facilities Building Fund (Fund	15436
030), that are not otherwise appropriated.	15437

Appropriations

AFC CULTURAL FACILITIES COMMISSION

15438

CAP-734		Hayes Center Renov & Repairs		$	300,000		15439
CAP-745		Renovations and Repairs		$	850,000		15440
CAP-763		Historic Site Signage		$	250,000		15441
CAP-770		Serpent Mound Improvements		$	340,000		15442
CAP-781		Information Technology Project		$	364,000		15443
CAP-784		Center Rehabilitation		$	1,035,000		15444
CAP-803		Digitization of Collections		$	300,000		15445
CAP-809		Exhibit Replace/Orientation		$	415,000		15446
CAP-910		Collections Facility Planning		$	1,240,000		15447
CAP-911		W.P. Snyder Restoration		$	876,000		15448
CAP-912		Lockington Locks Restoration		$	172,000		15449

CAP-913		Huntington Park		$	7,000,000		15450
CAP-914		Schuster Center for the Performing Arts		$	5,500,000		15451
CAP-916		Cincinnati Symphony Orchestra - Riverbend		$	3,000,000		15452
CAP-917		Marina District Amphitheatre		$	2,900,000		15453
CAP-918		Cincinnati Museum Center		$	2,000,000		15454
CAP-919		National Underground Railroad Freedom Center		$	2,000,000		15455
CAP-920		Cincinnati Sports Facility Improvements		$	2,000,000		15456
CAP-921		Pro Football Hall of Fame		$	1,650,000		15457
CAP-922		Heritage Center of Dayton Manufacturing & Entrepreneurship		$	1,300,000		15458
CAP-923		Western Reserve Historical Society		$	1,000,000		15459
CAP-925		COSI Columbus		$	1,000,000		15460
CAP-926		Columbus Museum of Art		$	1,000,000		15461
CAP-927		Mason ATP Tennis Center		$	1,300,000		15462
CAP-928		Stan Hywet Hall and Gardens		$	1,175,000		15463
CAP-929		Akron Art Museum		$	1,000,000		15464
CAP-930		Sauder Village		$	830,000		15465
CAP-931		Horvitz Center for the Arts		$	750,000		15466
CAP-932		Ensemble Theatre		$	750,000		15467
CAP-933		Voice of America Museum		$	750,000		15468
CAP-934		Cleveland Steamship Mather		$	600,000		15469
CAP-935		Cuyahoga County Soldiers' and Sailors Monument		$	500,000		15470
CAP-936		King-Lincoln Arts & Entertainment District		$	500,000		15471
CAP-937		Art Academy of Cincinnati		$	500,000		15472
CAP-938		Great Lakes Historical Society		$	500,000		15473
CAP-939		McKinley Museum		$	425,000		15474
CAP-940		Charles A. Eulett Education Center and Appalachian Museum		$	300,000		15475
CAP-942		Davis Shai Historical Facility		$	300,000		15476
CAP-943		Massillon Museum		$	275,000		15477
CAP-944		The Mandel Center		$	250,000		15478
CAP-945		Worthington Arts Center		$	250,000		15479
CAP-946		CCAD		$	250,000		15480
CAP-947		BalletMet		$	250,000		15481
CAP-948		Stambaugh Hall Improvements		$	250,000		15482
CAP-949		Youngstown Symphony Orchestra		$	250,000		15483
CAP-950		Wood County Historical Center & Museum		$	220,000		15484
CAP-951		Harding Memorial		$	210,000		15485
CAP-952		Cincinnati Ballet		$	200,000		15486
CAP-953		City of Avon Stadium Complex		$	200,000		15487
CAP-954		Renaissance Performing Arts Center		$	200,000		15488
CAP-956		Oxford Arts Center Historic Renovation		$	174,000		15489
CAP-957		Wayne County Historical Society - Lincoln Highway		$	170,000		15490
CAP-958		Maumee Valley Historical Society		$	150,000		15491
CAP-959		Trumbull County Historical Society		$	150,000		15492
CAP-960		First Lunar Flight Project		$	25,000		15493
CAP-961		Holmes County Historical Society Improvements		$	140,000		15494
CAP-962		Canal Winchester Historical Society		$	125,000		15495
CAP-963		Ukrainian Museum		$	100,000		15496
CAP-964		Gordon Square Arts District		$	100,000		15497
CAP-965		Moreland Theatre Renovation		$	100,000		15498
CAP-966		Karamu House		$	100,000		15499
CAP-967		Symmes Township Historical Society - Ross House		$	100,000		15500
CAP-968		Springfield Veterans Park Amphitheatre		$	100,000		15501
CAP-969		Gallia County Historical Genealogical Society		$	100,000		15502
CAP-970		Gallia County French Art Colony		$	100,000		15503
CAP-971		The Octagon House		$	100,000		15504
CAP-972		Vinton County Stages - Pavilion Project		$	100,000		15505
CAP-973		County Line Historical Society (Wayne/Holmes)		$	100,000		15506
CAP-974		Paul Brown Museum		$	75,000		15507
CAP-975		The Works - Ohio Center for History, Art and Technology		$	75,000		15508
CAP-976		Van Wert Historical Society		$	70,000		15509
CAP-977		Indian Mill Renovations		$	66,000		15510
CAP-978		Hale Farm & Village		$	50,000		15511
CAP-979		Howe House Historic Site		$	50,000		15512
CAP-980		Beavercreek Community Theatre		$	50,000		15513
CAP-981		Jamestown Opera House		$	50,000		15514
CAP-982		Johnny Appleseed Museum		$	50,000		15515
CAP-983		Vinton County Historical Society - Alice's House Project		$	50,000		15516
CAP-984		Woodward Opera House		$	50,000		15517
CAP-985		Little Brown Jug Facility Improvements		$	50,000		15518
CAP-986		Applecreek Historical Society		$	50,000		15519
CAP-987		Wyandot Historic Building Renovation		$	50,000		15520
CAP-988		Galion Historic Big Four Depot Restoration		$	30,000		15521
CAP-989		Bucyrus Historic Depot Renovations		$	30,000		15522
CAP-990		Myers Historical Stagecoach Inn Renovation		$	25,000		15523
CAP-991		Arts West Performing Arts Center		$	25,000		15524
CAP-992		Chester Academy Historic Building		$	25,000		15525
CAP-993		Portland Civil War Museum and Historic Displays		$	25,000		15526
CAP-994		Morgan County Historic Opera House		$	25,000		15527
CAP-995		Philo Performing Arts Center		$	25,000		15528
CAP-996		Crawford Antique Museum		$	9,000		15529
CAP-997		Monroe City Historical Society Building Repairs		$	5,000		15530
CAP-998		Wright-Dunbar Historical		$	250,000		15531
CAP-081		Hip Klotz Memorial Facility Improvements		$	150,000		15532
CAP-082		Music Hall Garage		$	1,000,000		15533
CAP-083		AB Graham Center		$	40,000		15534
CAP-084		Bradford Ohio Railroad Museum Restoration		$	30,000		15535
CAP-085		WACO Aircraft Museum		$	30,000		15536
Total Cultural Facilities Commission				$	54,121,000		15537
TOTAL Cultural and Sports Facilities Building Fund				$	54,121,000		15538

Section 227.30.  The Treasurer of State is hereby authorized	15540
to issue and sell, in accordance with Section 2i of Article VIII,	15541
Ohio Constitution, and Chapter 154. and other applicable sections	15542
of the Revised Code, original obligations in an aggregate	15543
principal amount not to exceed $54,000,000 in addition to the	15544
original issuance of obligations heretofore authorized by prior	15545
acts of the General Assembly. These authorized obligations shall	15546
be issued, subject to applicable constitutional and statutory	15547
limitations, to pay costs of capital facilities as defined in	15548
section 154.01 of the Revised Code, including construction as	15549
defined in division (H) of section 3383.01 of the Revised Code, of	15550
the Ohio cultural facilities designated in Section 227.10 of this	15551
act.	15552

Section 229.10. All items set forth in this section are	15553
hereby appropriated out of any moneys in the state treasury to the	15554
credit of the Ohio Parks and Natural Resources Fund (Fund 031),	15555
that are not otherwise appropriated.	15556

Appropriations

DNR DEPARTMENT OF NATURAL RESOURCES

15557

STATEWIDE AND LOCAL PROJECTS

15558

CAP-012		Land Acquisition - Department		$	4,325,000		15559
CAP-702		Underground Fuel Storage/Tank Removal/Replacement - Department		$	500,000		15560
CAP-748		NatureWorks Local Park Grants		$	2,846,480		15561
CAP-881		Dam Rehabilitation - Department		$	3,060,920		15562
CAP-923		Sheldon Marsh Remediation Match		$	1,000,000		15563
CAP-928		Handicapped Accessibility - Department		$	500,000		15564
CAP-929		Hazardous Waste/Asbestos Abatement - Department		$	500,000		15565
CAP-930		The WILDS		$	1,175,000		15566
CAP-931		Wastewater/Water Systems Upgrades - Department		$	2,500,000		15567
CAP-984		Belpre Swimming Pool		$	50,000		15568
Total Statewide and Local Projects				$	16,457,400		15569
Total Department of Natural Resources				$	16,457,400		15570
TOTAL Ohio Parks and Natural Resources Fund				$	16,457,400		15571

Section 229.20.  The Ohio Public Facilities Commission, upon	15573
the request of the Director of Natural Resources, is hereby	15574
authorized to issue and sell, in accordance with Section 2l of	15575
Article VIII, Ohio Constitution, and Chapter 151. and particularly	15576
sections 151.01 and 151.05 of the Revised Code, original	15577
obligations in an aggregate principal amount not to exceed	15578
$16,000,000 in addition to the original issuance of obligations	15579
heretofore authorized by prior acts of the General Assembly. These	15580
authorized obligations shall be issued, subject to applicable	15581
constitutional and statutory limitations, as needed to provide	15582
sufficient moneys to the credit of the Ohio Parks and Natural	15583
Resources Fund (Fund 031) to pay costs of capital facilities as	15584
defined in sections 151.01 and 151.05 of the Revised Code.	15585

Section 231.10. All items set forth in this section are	15586
hereby appropriated out of any moneys in the state treasury to the	15587
credit of the School Building Program Assistance Fund (Fund 032),	15588
that are not otherwise appropriated.	15589

Appropriations

SFC SCHOOL FACILITIES COMMISSION

15590

CAP-770		School Building Program Assistance		$	540,000,000		15591
Total School Facilities Commission				$	540,000,000		15592
TOTAL School Building Program Assistance Fund				$	540,000,000		15593

SCHOOL BUILDING PROGRAM ASSISTANCE

15594

The foregoing appropriation item CAP-770, School Building	15595
Program Assistance, shall be used by the School Facilities	15596
Commission to provide funding to school districts that receive	15597
conditional approval from the Commission pursuant to Chapter 3318.	15598
of the Revised Code.	15599

Section 231.20.  The Ohio Public Facilities Commission is	15600
hereby authorized to issue and sell, in accordance with Section 2n	15601
of Article VIII, Ohio Constitution, and Chapter 151. and	15602
particularly sections 151.01 and 151.03 of the Revised Code,	15603
original obligations in an aggregate principal amount not to	15604
exceed $530,000,000, in addition to the original issuance of	15605
obligations heretofore authorized by prior acts of the General	15606
Assembly. These authorized obligations shall be issued, subject to	15607
applicable constitutional and statutory limitations, to pay the	15608
costs to the state of constructing classroom facilities pursuant	15609
to sections 3318.01 to 3318.33 of the Revised Code.	15610

Section 231.30. The item set forth in this section is	15611
appropriated contingently upon Chapter 3326. of the Revised Code	15612
being enacted in other legislation. If the contingency applies,	15613
the item set forth in this section is appropriated out of any	15614
moneys in the state treasury to the credit of the School Building	15615
Program Assistance Fund (Fund 032), that are not otherwise	15616
appropriated.	15617

Appropriations

STM OHIO STEM EDUCATION AUTHORITY

15618

CAP-001		Ohio STEM Education Authority		$	16,000,000		15619
Total Ohio STEM Education Authority				$	16,000,000		15620
TOTAL School Building Program Assistance Fund				$	16,000,000		15621

OHIO STEM EDUCATION AUTHORITY

15622

The foregoing appropriation item CAP-001, Ohio STEM Education	15623
Authority, shall be used to support the capital needs of the Ohio	15624
STEM Education Authority.	15625

Section 231.40. The Ohio Public Facilities Commission is	15626
hereby authorized to issue and sell, in accordance with Section 2n	15627
of Article VIII, Ohio Constitution, and Chapter 151. and	15628
particularly sections 151.01 and 151.03 of the Revised Code,	15629
original obligations in an aggregate principal amount not to	15630
exceed $16,000,000, in addition to the original issuance of	15631
obligations heretofore authorized by Section 231.20 of this act	15632
and by prior acts of the General Assembly. These authorized	15633
obligations shall be issued, subject to applicable constitutional	15634
and statutory limitations, to pay the costs to the state of	15635
constructing classroom facilities pursuant to sections 3318.01 to	15636
3318.33 of the Revised Code.	15637

Section 233.10.10.  All items set forth in Sections 233.10.20	15638
to 233.10.50 are hereby appropriated out of any moneys in the	15639
state treasury to the credit of the Mental Health Facilities	15640
Improvement Fund (Fund 033), that are not otherwise appropriated.	15641

Appropriations

Section 233.10.20. ADA ALCOHOL AND DRUG ADDICTION SERVICES

15642

CAP-004		New Directions Residential Treatment		$	250,000		15643
CAP-005		Maryhaven Facility Improvements		$	200,000		15644
Total Alcohol and Drug Addiction Services				$	450,000		15645

Appropriations

Section 233.10.30. DMH DEPARTMENT OF MENTAL HEALTH

15647

CAP-092		Hazardous Material Abatement		$	500,000		15648
CAP-479		Community Assistance Projects		$	5,550,000		15649
CAP-946		Demolition		$	500,000		15650
CAP-978		Infrastructure Improvements		$	11,980,000		15651
CAP-986		Campus Consolidation		$	4,000,000		15652
Total Department of Mental Health				$	22,530,000		15653

COMMUNITY ASSISTANCE PROJECTS

15654

Of the foregoing appropriation item CAP-479, Community	15655
Assistance Projects, $500,000 shall be used for the Mayerson	15656
Center, $350,000 shall be used for Chabad House, $250,000 shall be	15657
used for Sylvania Family Services, $200,000 shall be used for	15658
Talbert House, and $250,000 shall be used for the Berea Children's	15659
Home.	15660

Appropriations

Section 233.10.40. DMR DEPARTMENT OF MENTAL RETARDATION AND	15661
DEVELOPMENTAL DISABILITIES	15662

STATEWIDE AND CENTRAL OFFICE PROJECTS

15663

CAP-480		Community Assistance Projects		$	12,000,000		15664
CAP-885		Bellefaire Jewish Children's Bureau		$	750,000		15665
CAP-887		North Olmsted Welcome House		$	100,000		15666
CAP-889		Kamp Dovetail Project at Rocky Fork Lake State Park		$	100,000		15667
CAP-912		Telecommunications		$	765,000		15668
CAP-941		Emergency Generator Replacement		$	1,000,000		15669
CAP-955		Statewide Development Centers		$	6,212,373		15670
CAP-981		Emergency Improvements		$	500,000		15671
Total Statewide and Central Office Projects				$	21,427,373		15672
TOTAL Department of Mental Retardation and Developmental Disabilities				$	21,427,373		15673
TOTAL MENTAL HEALTH FACILITIES IMPROVEMENT FUND				$	44,407,373		15674

COMMUNITY ASSISTANCE PROJECTS

15675

The foregoing appropriation item CAP-480, Community	15676
Assistance Projects, may be used to provide community assistance	15677
funds for the development, purchase, construction, or renovation	15678
of facilities for day programs or residential programs that	15679
provide services to persons eligible for services from the	15680
Department of Mental Retardation and Developmental Disabilities or	15681
county boards of mental retardation and developmental	15682
disabilities. Any funds provided to nonprofit agencies for the	15683
construction or renovation of facilities for persons eligible for	15684
services from the Department of Mental Retardation and	15685
Developmental Disabilities and county boards of mental retardation	15686
and developmental disabilities shall be governed by the prevailing	15687
wage provisions in section 176.05 of the Revised Code.	15688

Section 233.10.50. The foregoing appropriations for the	15689
Department of Mental Health, CAP-479, Community Assistance	15690
Projects, and the Department of Mental Retardation and	15691
Developmental Disabilities, CAP-480, Community Assistance	15692
Projects, may be used on facilities constructed or to be	15693
constructed pursuant to Chapter 340., 3793., 5119., 5123., or	15694
5126. of the Revised Code or the authority granted by section	15695
154.20 of the Revised Code and the rules issued pursuant to those	15696
chapters and shall be distributed by the Department of Mental	15697
Health and the Department of Mental Retardation and Developmental	15698
Disabilities, all subject to Controlling Board approval.	15699

Section 233.10.60.  (A) No capital improvement appropriations	15700
made in Sections 233.10.10 to 233.10.50 of this act shall be	15701
released for planning or for improvement, renovation, or	15702
construction or acquisition of capital facilities if a	15703
governmental agency, as defined in section 154.01 of the Revised	15704
Code, does not own the real property that constitutes the capital	15705
facilities or on which the capital facilities are or will be	15706
located. This restriction does not apply in any of the following	15707
circumstances:	15708

(1) The governmental agency has a long-term (at least fifteen	15709
years) lease of, or other interest (such as an easement) in, the	15710
real property.	15711

(2) In the case of an appropriation for capital facilities	15712
that, because of their unique nature or location, will be owned or	15713
be part of facilities owned by a separate nonprofit organization	15714
and made available to the governmental agency for its use or	15715
operated by the nonprofit organization under contract with the	15716
governmental agency, the nonprofit organization either owns or has	15717
a long-term (at least fifteen years) lease of the real property or	15718
other capital facility to be improved, renovated, constructed, or	15719
acquired and has entered into a joint or cooperative use	15720
agreement, approved by the Department of Mental Health or the	15721
Department of Mental Retardation and Developmental Disabilities,	15722
whichever is applicable, with the governmental agency for that	15723
agency's use of and right to use the capital facilities to be	15724
financed and, if applicable, improved, the value of such use or	15725
right to use being, as determined by the parties, reasonably	15726
related to the amount of the appropriation.	15727

(B) In the case of capital facilities referred to in division	15728
(A)(2) of this section, the joint or cooperative use agreement	15729
shall include, as a minimum, provisions that:	15730

(1) Specify the extent and nature of that joint or	15731
cooperative use, extending for not fewer than fifteen years, with	15732
the value of such use or right to use to be, as determined by the	15733
parties and approved by the approving department, reasonably	15734
related to the amount of the appropriation;	15735

(2) Provide for pro rata reimbursement to the state should	15736
the arrangement for joint or cooperative use by a governmental	15737
agency be terminated;	15738

(3) Provide that procedures to be followed during the capital	15739
improvement process will comply with appropriate applicable state	15740
laws and rules, including the provisions of this act.	15741

Section 233.10.70.  The Treasurer of State is hereby	15742
authorized to issue and sell in accordance with Section 2i of	15743
Article VIII, Ohio Constitution, and Chapter 154. of the Revised	15744
Code, particularly section 154.20 of the Revised Code, original	15745
obligations in an aggregate principal amount not to exceed	15746
$49,000,000 in addition to the original issuance of obligations	15747
heretofore authorized by prior acts of the General Assembly. These	15748
authorized obligations shall be issued, subject to applicable	15749
constitutional and statutory limitations, to pay costs of capital	15750
facilities as defined in section 154.01 of the Revised Code for	15751
mental hygiene and retardation.	15752

Section 235.10.10.  All items set forth in Sections 235.10.20	15753
to 235.50.80 are hereby appropriated out of any moneys in the	15754
state treasury to the credit of the Higher Education Improvement	15755
Fund (Fund 034), that are not otherwise appropriated.	15756

Appropriations

Section 235.10.20. ETC ETECH OHIO

15757

CAP-001		Educational TV and Radio Equipment		$	1,000,000		15758
CAP-003		ETC Ohio Government Telecomm		$	310,000		15759
Total eTech Ohio				$	1,310,000		15760

Appropriations

Section 235.10.30. BOARD OF REGENTS AND STATE INSTITUTIONS OF	15762
HIGHER EDUCATION	15763

BOR BOARD OF REGENTS

15764

CAP-025		Instructional and Data Processing Equipment		$	23,783,697		15765
CAP-029		Ohio Library and Information Network		$	5,410,000		15766
CAP-030		Ohio Supercomputer Center Expansion		$	7,480,000		15767
CAP-031		Ohio Aerospace Institute		$	200,000		15768
CAP-032		Research Facility Action and Investment Funds		$	5,500,000		15769
CAP-060		Technology Initiatives		$	2,000,000		15770
CAP-062		Non-credit Job Training Facilities		$	2,350,000		15771
CAP-068		Third Frontier Wright Capital		$	50,000,000		15772
CAP-070		Dark Fiber/OARnet		$	4,950,000		15773
CAP-082		Supplemental Renovations - Library Depositories		$	2,000,000		15774
CAP-083		Central State Emergency Capital Needs		$	1,000,000		15775
CAP-084		University Hospitals Ireland Cancer Center		$	5,000,000		15776
CAP-085		315 Research and Technology Corridor		$	1,700,000		15777
CAP-087		Youngstown Technology Center		$	2,750,000		15778
CAP-088		Cleveland Clinic-Glickman Tower		$	1,000,000		15779
CAP-089		MetroHealth Senior Health and Wellness Center		$	1,000,000		15780
CAP-090		Columbus Children's Hospital Amphitheater		$	1,000,000		15781
CAP-091		CWRU Mt. Sinai Skills and Simulation Center		$	500,000		15782
CAP-092		Shawnee State Motion Capture Studio Project		$	281,300		15783
CAP-093		Central Ohio Research Data Network-New Albany		$	250,000		15784
CAP-094		Clintonville Fiber Project		$	100,000		15785
Total Board of Regents				$	118,254,997		15786

Section 235.10.40. RESEARCH FACILITY ACTION AND INVESTMENT	15788
FUNDS	15789

The foregoing appropriation item CAP-032, Research Facility	15790
Action and Investment Funds, shall be used for a program of grants	15791
to be administered by the Board of Regents to provide timely	15792
availability of capital facilities for research programs and	15793
research-oriented instructional programs at or involving	15794
state-supported and state-assisted institutions of higher	15795
education.	15796

Section 235.10.50. THIRD FRONTIER WRIGHT CAPITAL

15797

The foregoing appropriation item CAP-068, Third Frontier	15798
Wright Capital, shall be used to acquire, renovate, or construct	15799
facilities and purchase equipment for research programs,	15800
technology development, product development, and commercialization	15801
programs at or involving state-supported and state-assisted	15802
institutions of higher education. The funds shall be used to make	15803
grants awarded on a competitive basis, and shall be administered	15804
by the Third Frontier Commission. Expenditure of these funds shall	15805
comply with Section 2n of Article VIII, Ohio Constitution, and	15806
sections 151.01 and 151.04 of the Revised Code for the period	15807
beginning July 1, 2006, and ending June 30, 2008.	15808

The Third Frontier Commission shall develop guidelines	15809
relative to the application for and selection of projects funded	15810
from appropriation item CAP-068, Third Frontier Wright Capital.	15811
The Commission may develop these guidelines in consultation with	15812
other interested parties. The Board of Regents and all	15813
state-assisted and state-supported institutions of higher	15814
education shall take all actions necessary to implement grants	15815
awarded by the Third Frontier Commission.	15816

The foregoing appropriation item CAP-068, Third Frontier	15817
Wright Capital, for which an appropriation is made from the Higher	15818
Education Improvement Fund (Fund 034), is determined to consist of	15819
capital improvements and capital facilities for state-supported	15820
and state-assisted institutions of higher education, and is	15821
designated for the capital facilities to which proceeds of	15822
obligations in the Higher Education Improvement Fund (Fund 034)	15823
are to be applied.	15824

Section 235.10.60. REIMBURSEMENT FOR PROJECT COSTS

15825

Appropriations made in Sections 235.10.10 to 235.50.80 of	15826
this act for purposes of costs of capital facilities for the	15827
interim financing of which the particular institution has	15828
previously issued its own obligations anticipating the possibility	15829
of future state appropriations to pay all or a portion of such	15830
costs, as contemplated in division (B) of section 3345.12 of the	15831
Revised Code, shall be paid directly to the institution or the	15832
paying agent for those outstanding obligations in the full	15833
principal amount of those obligations then to be paid from the	15834
anticipated appropriation, and shall be timely applied to the	15835
retirement of a like principal amount of the institution's	15836
obligations.	15837

Appropriations made in Sections 235.10.10 to 235.50.80 of	15838
this act for purposes of costs of capital facilities, all or a	15839
portion of which costs the particular institution has paid from	15840
the institution's moneys that were temporarily available and which	15841
expenditures were reasonably expected at the time of the advance	15842
by the institution to be reimbursed from the proceeds of	15843
obligations issued by the state, shall be directly paid to the	15844
institution in the full amounts of those payments, and shall be	15845
timely applied to the reimbursement of those temporarily available	15846
moneys. All reimbursements are subject to review and approval	15847
through the capital release process.	15848

Appropriations

Section 235.10.70. UAK UNIVERSITY OF AKRON

15849

CAP-008		Basic Renovations		$	6,260,392		15850
CAP-047		Polsky Building Rehabilitation		$	949,082		15851
CAP-049		Basic Renovations-Wayne		$	215,241		15852
CAP-054		Auburn West Tower Rehabilitation Phase III		$	6,026,253		15853
CAP-119		Wayne College Renovations/Expansion		$	709,805		15854
CAP-121		Administration Building Phase II		$	1,344,536		15855
CAP-122		Polymer Processing Center Phase I		$	4,935,457		15856
CAP-123		Medina County University Center (UAK)		$	1,500,000		15857
CAP-124		Hydrogen Fueling Station Project at University of Akron		$	1,000,000		15858
Total University of Akron				$	22,940,766		15859

Appropriations

Section 235.10.80. BGU BOWLING GREEN STATE UNIVERSITY

15861

CAP-009		Basic Renovations		$	4,746,508		15862
CAP-060		Basic Renovations-Firelands		$	351,961		15863
CAP-127		Instructional Laboratory Phase II		$	836,265		15864
CAP-131		Health Center Addition		$	9,750,000		15865
CAP-132		Student Services Building Replacement		$	8,100,000		15866
CAP-133		BGSU Aviation Improvements		$	500,000		15867
Total Bowling Green University				$	24,284,734		15868

Appropriations

Section 235.10.90. CSU CENTRAL STATE UNIVERSITY

15870

CAP-022		Basic Renovations		$	1,182,374		15871
CAP-084		Center for Education & Natural Sciences Phase II Construction		$	6,023,789		15872
Total Central State University				$	7,206,163		15873

Appropriations

Section 235.20.10. UCN UNIVERSITY OF CINCINNATI

15874

CAP-009		Basic Renovations		$	11,936,927		15875
CAP-018		Basic Renovations-Clermont		$	315,249		15876
CAP-054		Raymond Walters Renovations		$	568,630		15877
CAP-205		Medical Science Building Renovation and Expansion (CARE)		$	17,285,021		15878
CAP-224		Van Wormer Renovation		$	3,600,000		15879
CAP-263		Swift Renovation		$	2,540,000		15880
CAP-313		Expand Clermont		$	785,062		15881
CAP-353		Zimmer Plaza/Auditorium Renovation		$	3,600,000		15882
CAP-354		RWC Technology Center		$	1,534,608		15883
CAP-355		Barrett Cancer Center		$	2,500,000		15884
CAP-356		Freestore Foodbank		$	500,000		15885
CAP-357		Sharonville Convention Center		$	550,000		15886
CAP-358		Hebrew Union College Archives Project		$	350,000		15887
CAP-359		Consolidated Communications Project of Clermont County		$	300,000		15888
CAP-360		People Working Cooperatively		$	75,000		15889
Total University of Cincinnati				$	46,440,497		15890

Appropriations

Section 235.20.20. CLS CLEVELAND STATE UNIVERSITY

15892

CAP-023		Basic Renovations		$	3,796,031		15893
CAP-125		College of Education		$	10,115,719		15894
CAP-148		Cleveland Institute of Art		$	1,000,000		15895
CAP-163		Anthropology Department Renovations/Relocation		$	400,000		15896
CAP-164		Chester Building Annex Demolition		$	921,583		15897
CAP-165		Bakers Building Renovations		$	1,328,583		15898
CAP-166		Playhouse Square Center - Hanna Theatre		$	750,000		15899
CAP-167		Cleveland State University Windtower Generator Project		$	400,000		15900
CAP-168		Kenston Wind Turbine Project in Geauga (CSU Engineering Department)		$	300,000		15901
CAP-169		Cleveland Museum of Art		$	3,000,000		15902
Total Cleveland State University				$	22,011,916		15903

Appropriations

Section 235.20.30. KSU KENT STATE UNIVERSITY

15905

CAP-022		Basic Renovations		$	5,729,827		15906
CAP-105		Basic Renovations-East Liverpool		$	240,437		15907
CAP-106		Basic Renovations-Geauga		$	74,459		15908
CAP-107		Basic Renovations-Salem		$	167,621		15909
CAP-108		Basic Renovations-Stark		$	566,473		15910
CAP-110		Basic Renovations-Ashtabula		$	282,463		15911
CAP-111		Basic Renovations-Trumbull		$	552,348		15912
CAP-112		Basic Renovations-Tuscarawas		$	371,018		15913
CAP-212		Health Science Building		$	768,084		15914
CAP-262		Gym Renovations, Construction Phase		$	566,617		15915
CAP-266		Fine & Performing Arts Center, Planning Phase		$	911,738		15916
CAP-277		Bowman Hall Chilled Water Plant		$	2,250,000		15917
CAP-278		Electrical Infrastructure Improvements		$	808,800		15918
CAP-279		Oscar Ritchie Hall Rehabilitation		$	10,455,000		15919
CAP-280		Taylor Hall Renovation, Phase I		$	750,000		15920
CAP-281		Music/Speech Center Renovation, Phase I		$	1,262,807		15921
CAP-282		Classroom Building Renovation, Phase I		$	415,662		15922
CAP-283		Classroom Addition/Renovation Planning		$	279,901		15923
CAP-284		Main Hall Science Lab/Nurse Addition		$	1,165,436		15924
CAP-285		Classroom Building Renovation		$	640,399		15925
CAP-286		Fire Alarm System Upgrade		$	375,000		15926
CAP-287		Blossom Music Center		$	2,000,000		15927
CAP-288		Columbiana County Port Authority Coal Liquification Project		$	500,000		15928
CAP-289		Kent State University - Hillel		$	400,000		15929
Total Kent State University				$	31,534,090		15930

Appropriations

Section 235.20.40. MUN MIAMI UNIVERSITY

15932

CAP-018		Basic Renovations		$	5,465,380		15933
CAP-066		Basic Renovations - Hamilton		$	595,995		15934
CAP-069		Basic Renovations - Middletown		$	546,243		15935
CAP-160		Benton Hall Rehabilitation		$	3,900,000		15936
CAP-161		Kreger-Robertson Hall Renovation		$	1,000,000		15937
CAP-162		Richard T. Farmer School of Business		$	3,000,000		15938
CAP-163		Upham Hall North Wing Rehabilitation		$	500,000		15939
CAP-164		Warfield Hall Rehabilitation		$	3,699,024		15940
CAP-165		Pearson Hall Laboratories		$	997,408		15941
CAP-166		Academic/Administration & General Improvement Project		$	1,153,217		15942
CAP-167		Academic/Administration & Renovation Project		$	1,526,909		15943
Total Miami University				$	22,384,176		15944

Appropriations

Section 235.20.50. OSU OHIO STATE UNIVERSITY

15946

CAP-074		Basic Renovations		$	26,062,119		15947
CAP-149		Basic Renovations - Regional Campuses		$	4,777,451		15948
CAP-255		Supplemental Renovations - OARDC		$	829,170		15949
CAP-534		Main Library Rehabilitation/Expansion		$	50,841,261		15950
CAP-736		Brown Hall Renovation/Replacement		$	3,500,000		15951
CAP-737		Hughes Hall Renovation		$	1,500,000		15952
CAP-738		COMPH Academic Center		$	5,000,000		15953
CAP-739		Murray Hall Renovation		$	1,000,000		15954
CAP-740		New Student Life Building		$	1,000,000		15955
CAP-741		Founders/Hopewell Hall Renovation		$	1,960,080		15956
CAP-742		Agricultural and Biological Engineering Building Renovation		$	4,000,000		15957
CAP-743		Selby Hall Phytotron Facility Renovation		$	2,000,000		15958
CAP-744		Stone Laboratory Research Facility Improvements		$	500,000		15959
CAP-745		OSU Extension Safety Improvements in Madison County		$	94,000		15960
CAP-746		Camp Clifton Improvements		$	90,000		15961
CAP-747		Delaware Speech & Hearing with OSU Medical College		$	75,000		15962
Total Ohio State University				$	103,229,081		15963

FEED MILL REPLACEMENT PROJECT

15964

Notwithstanding anything to the contrary in sections 9.33,	15965
123.01, and 3345.50 and Chapter 153. of the Revised Code, the Ohio	15966
State University may negotiate, enter into, and locally administer	15967
a contract that combines the design and construction elements of	15968
the project into a single contract for the feed mill replacement	15969
project, funded with appropriations in the foregoing appropriation	15970
item CAP-255, Supplemental Renovations - OARDC, including any	15971
reappropriation amount made to appropriation item CAP-492, OARDC	15972
Feed Mill, in Am. Sub. H.B. 530 of the 126th General Assembly.	15973

Appropriations

Section 235.20.60. OHU OHIO UNIVERSITY

15974

CAP-020		Basic Renovations		$	7,091,427		15975
CAP-095		Basic Renovations - Eastern		$	257,411		15976
CAP-098		Basic Renovations - Lancaster		$	360,387		15977
CAP-099		Basic Renovations - Zanesville		$	328,368		15978
CAP-113		Basic Renovations - Chillicothe		$	305,706		15979
CAP-114		Basic Renovations - Ironton		$	259,241		15980
CAP-216		Southern - Land Acquisition		$	200,000		15981
CAP-222		Clippinger Lab Rehabilitation Phase I		$	1,000,000		15982
CAP-223		Alden Library Rehabilitation Phase I		$	1,000,000		15983
CAP-224		University Center		$	5,210,000		15984
CAP-225		Lausche Heating Plant Phase III		$	2,175,000		15985
CAP-233		Integrated Learning and Research Facility		$	1,431,170		15986
CAP-234		Porter Hall Addition		$	3,681,170		15987
CAP-235		Supplemental Basic Renovations		$	1,000,000		15988
CAP-236		College of Communication Baker RTVC Redevelopment		$	2,400,000		15989
CAP-237		Shannon Hall Interior Renovation		$	384,090		15990
CAP-238		Ohio University Eastern Campus Health and Education Center		$	200,157		15991
CAP-239		Stevenson Student Service Area		$	704,720		15992
CAP-240		Shoemaker A/C Completion		$	259,096		15993
CAP-241		Proctorville Parking - Site Improvement		$	200,000		15994
CAP-242		Southern - Student Activity Office Renovation		$	193,491		15995
CAP-243		Lancaster Community Conference 7 Events Center		$	954,647		15996
CAP-244		Elson Hall 2nd Floor Renovation		$	924,481		15997
CAP-245		Road Widening and Campus Gate		$	120,000		15998
CAP-246		Ohio University Integrated Learning and Research Facility		$	1,000,000		15999
CAP-247		Ohio University Southern Ohio Proctorville Center Improvements		$	90,000		16000
Total Ohio University				$	31,730,562		16001

Appropriations

Section 235.20.70. SSC SHAWNEE STATE UNIVERSITY

16003

CAP-004		Basic Renovations		$	1,226,165		16004
CAP-053		University Center Renovation		$	1,726,006		16005
Total Shawnee State University				$	2,952,171		16006

Appropriations

Section 235.20.80. UTO UNIVERSITY OF TOLEDO

16008

CAP-010		Basic Renovations		$	6,131,561		16009
CAP-129		Science/Laboratory Building		$	4,042,523		16010
CAP-136		CBLE - Stranahan Hall Addition		$	6,000,000		16011
CAP-137		Chilled Water Plant Equipment		$	1,756,000		16012
CAP-138		Steam & Chilled Water Line Extension		$	1,450,304		16013
CAP-139		North Engineering Renovation		$	1,000,000		16014
CAP-140		Northwest Ohio Science & Technology Corridor		$	1,000,000		16015
Total University of Toledo				$	21,380,388		16016

Appropriations

Section 235.20.90. WSU WRIGHT STATE UNIVERSITY

16018

CAP-015		Basic Renovations		$	4,384,404		16019
CAP-064		Basic Renovations - Lake		$	137,381		16020
CAP-119		Science Lab Renovations		$	9,886,492		16021
CAP-134		Lake Campus Rehabilitation		$	478,906		16022
CAP-135		Advanced Technical Intelligence Center (ATIC)		$	2,500,000		16023
CAP-136		Welcome Stadium Project		$	1,600,000		16024
CAP-137		Consolidated Communications Project of Greene County		$	750,000		16025
CAP-139		Glenn Helen Preserve Ecology Art Classroom		$	15,000		16026
Total Wright State University				$	19,752,183		16027

Appropriations

Section 235.30.10. YSU YOUNGSTOWN STATE UNIVERSITY

16029

CAP-014		Basic Renovations		$	3,841,621		16030
CAP-125		Campus-wide Building Systems Upgrades		$	1,950,000		16031
CAP-133		Campus Development		$	1,500,000		16032
CAP-134		Instructional Space Upgrades		$	900,000		16033
CAP-135		College of Business		$	6,224,834		16034
Total Youngstown State University				$	14,416,455		16035

Appropriations

Section 235.30.20. MUO MEDICAL UNIVERSITY OF OHIO

16037

CAP-010		Basic Renovations		$	1,893,176		16038
CAP-066		Core Research Facility Construction - Phase II		$	1,800,720		16039
CAP-078		Clinical/Academic Renovation		$	900,350		16040
CAP-081		Resource & Community Learning Center		$	900,360		16041
CAP-082		Campus Energy Plant - Phase I		$	900,350		16042
Total Medical University of Ohio				$	6,394,956		16043

Appropriations

Section 235.30.30. NEM NORTHEASTERN OHIO UNIVERSITIES COLLEGE	16045
OF MEDICINE	16046

CAP-018		Basic Renovations		$	679,957		16047
CAP-048		Rehabilitation of Multi-Disciplinary Laboratories		$	1,473,952		16048
Total Northeastern Ohio Universities College of Medicine				$	2,153,909		16049

Appropriations

Section 235.30.40. CTC CINCINNATI STATE COMMUNITY COLLEGE

16051

CAP-013		Basic Renovations		$	1,449,887		16052
CAP-039		Brick Repair and Weather Proofing		$	225,359		16053
CAP-040		Energy Management - Motor Replacement		$	377,899		16054
CAP-041		Roof Replacement		$	661,573		16055
CAP-042		Neighborhood Health Care		$	175,000		16056
Total Cincinnati State Community College				$	2,889,718		16057

Appropriations

Section 235.30.50. CLT CLARK STATE COMMUNITY COLLEGE

16059

CAP-006		Basic Renovations		$	628,411		16060
CAP-041		Sarah T. Landess Technology and Learning Center		$	146,313		16061
CAP-045		Performing Arts Center Expansion		$	970,607		16062
CAP-046		Library Resource Center Addition		$	300,000		16063
CAP-047		Clark State Community College Facility Purchase		$	150,000		16064
CAP-048		Clark State Health and Education Center		$	100,000		16065
Total Clark State Community College				$	2,295,331		16066

Appropriations

Section 235.30.60. CTI COLUMBUS STATE COMMUNITY COLLEGE

16068

CAP-006		Basic Renovations		$	1,803,681		16069
CAP-054		Renovations/Addition - Delaware Hall		$	4,728,428		16070
CAP-055		Planning Moneys for Building "F"		$	1,310,554		16071
Total Columbus State Community College				$	7,842,663		16072

Appropriations

Section 235.30.70. CCC CUYAHOGA COMMUNITY COLLEGE

16074

CAP-031		Basic Renovations		$	3,866,782		16075
CAP-095		Collegewide Asset Protection and Building Codes Upgrade		$	2,411,797		16076
CAP-099		Hospitality Management Program		$	4,000,000		16077
CAP-100		Theater/Auditorium Renovations		$	4,036,552		16078
CAP-101		Nursing Clinical Simulation Center		$	250,000		16079
CAP-102		Rock and Roll Hall of Fame Archives		$	200,000		16080
Total Cuyahoga Community College				$	14,765,131		16081

Appropriations

Section 235.30.80. ESC EDISON STATE COMMUNITY COLLEGE

16083

CAP-006		Basic Renovations		$	422,154		16084
CAP-023		Regional Centers of Excellence		$	3,375,000		16085
CAP-024		Edison State Community College Regional Center for Excellence		$	25,000		16086
Total Edison State Community College				$	3,822,154		16087

Appropriations

Section 235.30.90. JTC JEFFERSON COMMUNITY COLLEGE

16089

CAP-022		Basic Renovations		$	331,514		16090
CAP-044		Second Floor Business & Industry Technical Center		$	725,443		16091
Total Jefferson Community College				$	1,056,957		16092

Appropriations

Section 235.40.10. LCC LAKELAND COMMUNITY COLLEGE

16094

CAP-006		Basic Renovations		$	1,302,992		16095
CAP-045		Instructional Use/University Partnership Building		$	2,433,264		16096
Total Lakeland Community College				$	3,736,256		16097

Appropriations

Section 235.40.20. LOR LORAIN COMMUNITY COLLEGE

16099

CAP-005		Basic Renovations		$	1,432,562		16100
CAP-045		HPER Rehabilitation		$	2,645,970		16101
Total Lorain Community College				$	4,078,532		16102

Appropriations

Section 235.40.30. NTC NORTHWEST STATE COMMUNITY COLLEGE

16104

CAP-003		Basic Renovations		$	417,030		16105
Total Northwest State Community College				$	417,030		16106

Appropriations

Section 235.40.40. OTC OWENS COMMUNITY COLLEGE

16108

CAP-019		Basic Renovations		$	2,123,075		16109
CAP-042		Campus Expansion - Penta Acquisition		$	12,000,000		16110
CAP-043		Center for Emergency Preparedness, Phase IV		$	493,940		16111
CAP-044		The Max Albon Center		$	550,000		16112
CAP-906		Jerusalem Township Food Bank		$	100,000		16113
Total Owens Community College				$	15,267,015		16114

Appropriations

Section 235.40.50. RGC RIO GRANDE COMMUNITY COLLEGE

16116

CAP-005		Basic Renovations		$	548,241		16117
Total Rio Grande Community College				$	548,241		16118

Appropriations

Section 235.40.60. SCC SINCLAIR COMMUNITY COLLEGE

16120

CAP-007		Basic Renovations		$	2,863,978		16121
CAP-062		Consolidated Communications Project - Montgomery		$	1,500,000		16122
Total Sinclair Community College				$	4,363,978		16123

Appropriations

Section 235.40.70. SOC SOUTHERN STATE COMMUNITY COLLEGE

16125

CAP-010		Basic Renovations		$	428,025		16126
CAP-027		Southern State Community College Laboratory and Classroom Building		$	1,000,000		16127
Total Southern State Community College				$	1,428,025		16128

Appropriations

Section 235.40.80. TTC TERRA STATE COMMUNITY COLLEGE

16130

CAP-009		Basic Renovations		$	442,291		16131
Total Terra State Community College				$	442,291		16132

Appropriations

Section 235.40.90. WTC WASHINGTON STATE COMMUNITY COLLEGE

16134

CAP-006		Basic Renovations		$	385,546		16135
CAP-021		Washington State Community College Health Sciences Center		$	350,000		16136
CAP-022		Washington State Community College Center for Higher Education		$	25,000		16137
Total Washington State Community College				$	760,546		16138

Appropriations

Section 235.50.10. BTC BELMONT TECHNICAL COLLEGE

16140

CAP-008		Basic Renovations		$	309,432		16141
Total Belmont Technical College				$	309,432		16142

Appropriations

Section 235.50.20. COT CENTRAL OHIO TECHNICAL COLLEGE

16144

CAP-003		Basic Renovations		$	333,331		16145
CAP-015		Founders/Hopewell Hall Renovation		$	1,538,362		16146
CAP-016		Roscoe Village Inn Renovation		$	500,000		16147
Total Central Ohio Technical College				$	2,371,693		16148

Appropriations

Section 235.50.30. HTC HOCKING TECHNICAL COLLEGE

16150

CAP-019		Basic Renovations		$	693,603		16151
CAP-042		McClenaghan Center for Hospitality Training		$	1,838,986		16152
Total Hocking Technical College				$	2,532,589		16153

Appropriations

Section 235.50.40. LTC JAMES RHODES STATE COLLEGE

16155

CAP-004		Basic Renovations		$	431,960		16156
CAP-018		Community Union		$	1,045,625		16157
Total James Rhodes State College				$	1,477,585		16158

Appropriations

Section 235.50.50. MTC MARION TECHNICAL COLLEGE

16160

CAP-004		Basic Renovations		$	166,413		16161
CAP-013		Classroom/Student Resource Center		$	3,500,000		16162
Total Marion Technical College				$	3,666,413		16163

Appropriations

Section 235.50.60. MAT ZANE STATE COLLEGE

16165

CAP-007		Basic Renovations		$	402,714		16166
CAP-023		Willet-Pratt Center Expansion		$	750,000		16167
Total Zane State College				$	1,152,714		16168

Appropriations

Section 235.50.70. NCC NORTH CENTRAL TECHNICAL COLLEGE

16170

CAP-003		Basic Renovations		$	515,249		16171
CAP-016		Health Sciences Center Rehabilitation		$	1,035,150		16172
CAP-017		Kehoe Center Rehabilitation		$	419,655		16173
Total North Central Technical College				$	1,970,054		16174

Appropriations

Section 235.50.80. STC STARK TECHNICAL COLLEGE

16176

CAP-004		Basic Renovations		$	277,804		16177
CAP-039		Health & Science Building		$	5,097,338		16178
Total Stark Technical College				$	5,375,142		16179
Total Board of Regents and							16180
Institutions of Higher Education				$	579,636,534		16181
TOTAL Higher Education Improvement Fund				$	580,946,534		16182

Section 235.50.90. DEBT SERVICE FORMULA ALLOCATION

16184

Based on the foregoing appropriations in Sections 235.10.70	16185
to 235.50.80 of this act, from Fund 034, Higher Education	16186
Improvement Fund, the following higher education institutions	16187
shall be responsible for the specified amounts as part of the debt	16188
service component of the instructional subsidy beginning in fiscal	16189
year 2008:	16190

INSTITUTION			AMOUNT		16191
University of Akron		$	13,255,328		16192
University of Akron - Wayne		$	709,805		16193
Bowling Green State University		$	17,300,000		16194
Bowling Green State University - Firelands		$	836,265		16195
Central State University		$	2,023,789		16196
University of Cincinnati		$	27,025,021		16197
University of Cincinnati - Clermont		$	785,062		16198
University of Cincinnati - Walters		$	1,534,608		16199
Cleveland State University		$	11,437,302		16200
Kent State University		$	15,526,607		16201
Kent State University - Ashtabula		$	768,084		16202
Kent State University - East Liverpool		$	415,662		16203
Kent State University - Geauga		$	279,901		16204
Kent State University - Salem		$	566,617		16205
Kent State University - Stark		$	1,165,436		16206
Kent State University - Trumbull		$	1,015,399		16207
Kent State University - Tuscarawas		$	911,738		16208
Miami University		$	13,096,432		16209
Miami University - Hamilton		$	1,153,217		16210
Miami University - Middletown		$	1,526,909		16211
Ohio State University		$	61,841,261		16212
Ohio State University - Lima		$	1,000,000		16213
Ohio State University - Newark		$	1,960,080		16214
Ohio State University - OARDC		$	6,829,170		16215
Ohio University		$	17,897,340		16216
Ohio University - Eastern		$	584,247		16217
Ohio University - Chillicothe		$	963,816		16218
Ohio University - Southern		$	593,491		16219
Ohio University - Lancaster		$	890,535		16220
Ohio University - Zanesville		$	1,044,481		16221
Shawnee State University		$	1,726,006		16222
University of Toledo		$	14,248,827		16223
Wright State University		$	9,886,492		16224
Wright State University - Lake		$	478,906		16225
Youngstown State University		$	10,574,834		16226
Medical University of Ohio		$	4,501,780		16227
Northeastern Ohio Universities College of Medicine		$	1,473,952		16228
Cincinnati State Community College		$	1,145,659		16229
Clark State Community College		$	1,416,920		16230
Columbus State Community College		$	6,038,982		16231
Cuyahoga Community College		$	10,448,349		16232
Edison State Community College		$	3,375,000		16233
Jefferson Community College		$	725,443		16234
Lakeland Community College		$	2,766,142		16235
Lorain County Community College		$	2,645,970		16236
Central Ohio Technical College		$	1,538,362		16237
Hocking Technical College		$	1,838,986		16238
James Rhodes State Technical College		$	1,045,625		16239
Zane State College		$	757,271		16240
North Central Technical College		$	1,354,805		16241
Stark Technical College		$	1,871,379		16242

Institutions not listed above shall not have a debt service	16243
obligation as a result of these appropriations.	16244

Within sixty days after the effective date of this section,	16245
any institution of higher education may notify the Board of	16246
Regents of its intention not to proceed with any project	16247
appropriated in this act. Upon receiving such notification, the	16248
Board of Regents may release the institution from its debt service	16249
obligation for the specific project.	16250

Section 235.60.10.  For all of the foregoing appropriation	16251
items from the Higher Education Improvement Fund (Fund 034) that	16252
require local funds to be contributed by any state-supported or	16253
state-assisted institution of higher education, the Ohio Board of	16254
Regents shall not recommend that any funds be released until the	16255
recipient institution demonstrates to the Board of Regents and the	16256
Office of Budget and Management that the local funds contribution	16257
requirement has been secured or satisfied. The local funds shall	16258
be in addition to the foregoing appropriations.	16259

Section 235.60.20.  The Ohio Public Facilities Commission is	16260
hereby authorized to issue and sell, in accordance with Section 2n	16261
of Article VIII, Ohio Constitution, and Chapter 151. and	16262
particularly sections 151.01 and 151.04 of the Revised Code,	16263
original obligations in an aggregate principal amount not to	16264
exceed $576,000,000, in addition to the original issuance of	16265
obligations heretofore authorized by prior acts of the General	16266
Assembly. These authorized obligations shall be issued, subject to	16267
applicable constitutional and statutory limitations, to pay costs	16268
of capital facilities as defined in sections 151.01 and 151.04 of	16269
the Revised Code for state-supported and state-assisted	16270
institutions of higher education.	16271

Section 235.60.30.  None of the foregoing capital	16272
improvements appropriations for state-supported or state-assisted	16273
institutions of higher education shall be expended until the	16274
particular appropriation has been recommended for release by the	16275
Ohio Board of Regents and released by the Director of Budget and	16276
Management or the Controlling Board. Either the institution	16277
concerned, or the Ohio Board of Regents with the concurrence of	16278
the institution concerned, may initiate the request to the	16279
Director of Budget and Management or the Controlling Board for the	16280
release of the particular appropriations.	16281

Section 235.60.40.  (A) No capital improvement appropriations	16282
made in Sections 235.10.10 to 235.50.80 of this act shall be	16283
released for planning or for improvement, renovation,	16284
construction, or acquisition of capital facilities if the	16285
institution of higher education or the state does not own the real	16286
property on which the capital facilities are or will be located.	16287
This restriction does not apply in any of the following	16288
circumstances:	16289

(1) The institution has a long-term (at least fifteen years)	16290
lease of, or other interest (such as an easement) in, the real	16291
property.	16292

(2) The Ohio Board of Regents certifies to the Controlling	16293
Board that undue delay will occur if planning does not proceed	16294
while the property or property interest acquisition process	16295
continues. In this case, funds may be released upon approval of	16296
the Controlling Board to pay for planning through the development	16297
of schematic drawings only.	16298

(3) In the case of an appropriation for capital facilities	16299
that, because of their unique nature or location, will be owned or	16300
will be part of facilities owned by a separate nonprofit	16301
organization or public body and will be made available to the	16302
institution of higher education for its use, the nonprofit	16303
organization or public body either owns or has a long-term (at	16304
least fifteen years) lease of the real property or other capital	16305
facility to be improved, renovated, constructed, or acquired and	16306
has entered into a joint or cooperative use agreement with the	16307
institution of higher education that meets the requirements of	16308
division (C) of this section.	16309

(B) Any foregoing appropriations which require cooperation	16310
between a technical college and a branch campus of a university	16311
may be released by the Controlling Board upon recommendation by	16312
the Ohio Board of Regents that the facilities proposed by the	16313
institutions are:	16314

(1) The result of a joint planning effort by the university	16315
and the technical college, satisfactory to the Ohio Board of	16316
Regents;	16317

(2) Facilities that will meet the needs of the region in	16318
terms of technical and general education, taking into	16319
consideration the totality of facilities that will be available	16320
after the completion of the projects;	16321

(3) Planned to permit maximum joint use by the university and	16322
technical college of the totality of facilities that will be	16323
available upon their completion; and	16324

(4) To be located on or adjacent to the branch campus of the	16325
university.	16326

(C) The Ohio Board of Regents shall adopt rules regarding the	16327
release of moneys from all the foregoing appropriations for	16328
capital facilities for all state-supported or state-assisted	16329
institutions of higher education. In the case of capital	16330
facilities referred to in division (A)(3) of this section, the	16331
joint or cooperative use agreements shall include, as a minimum,	16332
provisions that:	16333

(1) Specify the extent and nature of that joint or	16334
cooperative use, extending for not fewer than fifteen years, with	16335
the value of such use or right to use to be, as is determined by	16336
the parties and approved by the Board of Regents, reasonably	16337
related to the amount of the appropriations;	16338

(2) Provide for pro rata reimbursement to the state should	16339
the arrangement for joint or cooperative use be terminated;	16340

(3) Provide that procedures to be followed during the capital	16341
improvement process will comply with appropriate applicable state	16342
laws and rules, including the provisions of this act; and	16343

(4) Provide for payment or reimbursement to the institution	16344
of its administrative costs incurred as a result of the facilities	16345
project, not to exceed 1.5 per cent of the appropriated amount.	16346

(D) Upon the recommendation of the Ohio Board of Regents, the	16347
Controlling Board may approve the transfer of appropriations for	16348
projects requiring cooperation between institutions from one	16349
institution to another institution with the approval of both	16350
institutions.	16351

(E) Notwithstanding section 127.14 of the Revised Code, the	16352
Controlling Board, upon the recommendation of the Ohio Board of	16353
Regents, may transfer amounts appropriated to the Ohio Board of	16354
Regents to accounts of state-supported or state-assisted	16355
institutions created for that same purpose.	16356

Section 235.60.50.  The requirements of Chapters 123. and	16357
153. of the Revised Code, with respect to the powers and duties of	16358
the Director of Administrative Services, and the requirements of	16359
section 127.16 of the Revised Code, with respect to the	16360
Controlling Board, do not apply to projects of community college	16361
districts, which include Cuyahoga Community College, Jefferson	16362
Community College, Lakeland Community College, Lorain Community	16363
College, Rio Grande Community College, and Sinclair Community	16364
College; and technical college districts, which include Belmont	16365
Technical College, Central Ohio Technical College, Hocking	16366
Technical College, James Rhodes State College, Marion Technical	16367
College, Zane State College, North Central Technical College, and	16368
Stark Technical College.	16369

Section 235.60.60.  Those institutions locally administering	16370
capital improvement projects pursuant to section 3345.50 of the	16371
Revised Code may:	16372

(A) Establish charges for recovering costs directly related	16373
to project administration as defined by the Director of	16374
Administrative Services. The Department of Administrative Services	16375
shall review and approve these administrative charges when the	16376
charges are in excess of 1.5 per cent of the total construction	16377
budget.	16378

(B) Seek reimbursement from state capital appropriations to	16379
the institution for the in-house design services performed by the	16380
institution for the capital projects. Acceptable charges are	16381
limited to design document preparation work that is done by the	16382
institution. These reimbursable design costs shall be shown as	16383
"A/E fees" within the project's budget that is submitted to the	16384
Controlling Board or the Director of Budget and Management as part	16385
of a request for release of funds. The reimbursement for in-house	16386
design shall not exceed seven per cent of the estimated	16387
construction cost.	16388

Section 235.60.70. (A) The North East Ohio Universities	16389
Collaboration and Innovation Study Commission shall develop a plan	16390
and may make legislative or other logistical recommendations for	16391
the following, with respect to the University of Akron, Cleveland	16392
State University, Kent State University, the Northeastern Ohio	16393
Universities College of Medicine, and Youngstown State University:	16394

(1) Strategic and purposeful collaboration among the	16395
institutions;	16396

(2) Partnering among the institutions of both undergraduate	16397
and graduate academic programs;	16398

(3) Sharing of at least some governance mechanisms,	16399
particularly as they relate to common basic functions, among the	16400
institutions;	16401

(4) Development of a unified approach to public higher	16402
education in northeast Ohio whereby the institutions, while	16403
maintaining their separate identities, will share academic,	16404
administrative, and student support resources and programs.	16405

The goal of the Commission's recommendations shall be to	16406
promote lower costs and greater access for students and an overall	16407
improved quality of higher education in northeast Ohio.	16408

The Commission shall submit its plan and recommendations to	16409
the Governor and the General Assembly in writing not later than	16410
twelve months after the effective date of this section.	16411

(B) The North East Ohio Universities Collaboration and	16412
Innovation Study Commission is hereby created. The Commission	16413
shall consist of fifteen members as follows:	16414

(1) Two members appointed by the board of trustees of each of	16415
the following five institutions of higher education:	16416

(a) University of Akron;

16417

(b) Cleveland State University;

16418

(c) Kent State University;

16419

(d) Northeastern Ohio Universities College of Medicine;

16420

(e) Youngstown State University.

16421

(2) Two members appointed by the Ohio Board of Regents;

16422

(3) One member appointed by the Speaker of the House of	16423
Representatives;	16424

(4) One member appointed by the President of the Senate;

16425

(5) One member appointed by the Governor.

16426

The members shall be appointed not later than thirty days	16427
after the effective date of this section. A vacancy on the	16428
Commission shall be filled in the manner of the initial	16429
appointment.	16430

The member appointed by the Governor shall be the chairman of	16431
the Commission.	16432

The members of the Commission shall receive no compensation	16433
for their services.	16434

The Commission may employ an executive director and such	16435
other staff as the Commission determines is necessary to carry out	16436
its duties.	16437

(C) Upon submission of its plan and recommendations, as	16438
required in division (A) of this section, the Commission shall	16439
cease to exist.	16440

Section 237.10. All items set forth in this section are	16441
hereby appropriated out of any moneys in the state treasury to the	16442
credit of the Parks and Recreation Improvement Fund (Fund 035),	16443
that are not otherwise appropriated.	16444

Appropriations

DNR DEPARTMENT OF NATURAL RESOURCES

16445

CAP-012		Land Acquisition - Statewide		$	500,000		16446
CAP-169		Lake White State Park - Dam Rehabilitation		$	5,500,000		16447
CAP-390		State Park Maintenance Facility Development - Middle Bass Island State Park Mitigation Costs		$	2,000,000		16448
CAP-701		Buckeye Lake State Park - Dam Rehabilitation		$	4,000,000		16449
CAP-702		Upgrade Underground Fuel Storage Tanks - Statewide		$	250,000		16450
CAP-716		Muskingum River Parkway - Locks and Dam Rehabilitation		$	1,000,000		16451
CAP-748		Local Parks Projects		$	16,301,700		16452
CAP-753		Project Planning		$	250,000		16453
CAP-836		State Park Renovations/Upgrading - Dillon Environmental Restoration Project (Corps Grant Match)		$	600,000		16454
CAP-876		Statewide Trails Program		$	6,140,000		16455
CAP-881		Dam Rehabilitation - Parks		$	1,017,600		16456
CAP-929		Hazardous Waste/Asbestos Abatement - Statewide		$	150,000		16457
CAP-931		Statewide Wastewater/Water Systems Upgrade		$	2,500,000		16458
Total Department of Natural Resources				$	40,209,300		16459
TOTAL Parks and Recreation Improvement Fund				$	40,209,300		16460

FEDERAL REIMBURSEMENT

16461

All reimbursements received from the federal government for	16462
any expenditures made pursuant to this section shall be deposited	16463
in the state treasury to the credit of the Parks and Recreation	16464
Improvement Fund (Fund 035).	16465

LOCAL PARKS PROJECTS

16466

Of the foregoing appropriation item CAP-748, Local Parks	16467
Projects, $2,000,000 shall be used for the Center City Park in	16468
Springfield; $1,200,000 shall be used for the Cincinnati Zoo;	16469
$1,000,000 shall be used for the East Bank/Flats Project;	16470
$1,000,000 shall be used for the Scioto Mile; $1,500,000 shall be	16471
used for the Franklin Park Conservatory; $1,000,000 shall be used	16472
for Kroc Community Park Improvements; $640,000 shall be used for	16473
the Cuyahoga River Corridor Glens Park; $540,000 shall be used for	16474
Tar Hollow State Park Improvements; $515,000 shall be used for the	16475
Cleveland Zoological Society; $400,000 shall be used for the Hi-Y;	16476
$300,000 shall be used for the Colerain Township Heritage Park;	16477
$300,000 shall be used for the Columbus Zoo; $300,000 shall be	16478
used for the Fremont Park and Athletic Facilities; $250,000 shall	16479
be used for the Gahanna South Flood Plain Project; $250,000 shall	16480
be used for the Sippo Lake Park/Canal Way; $250,000 shall be used	16481
for Van Buren State Park Land Acquisitions; $250,000 shall be used	16482
for the City of Wellston Veterans Park; $250,000 shall be used for	16483
the City of Jackson Bike Path; $250,000 shall be used for	16484
Cambridge Park Improvements; $250,000 shall be used for the	16485
Brunswick Nature Preserve; $200,000 shall be used for North	16486
Royalton Recreational Park Improvements; $200,000 shall be used	16487
for Harrison Village Historical Society-Phoenix Park Museum;	16488
$200,000 shall be used for Ault Park Improvements; $200,000 shall	16489
be used for Indian Lake State Park Dredging Improvements; $200,000	16490
shall be used for the Belmont Carnes Center; $191,000 shall be	16491
used for Deerfield Township Simpson Creek Erosion Mitigation and	16492
Bank Control; $185,000 shall be used for the City of Wilmington	16493
Park Upgrades/Tennis Courts; $175,700 shall be used for the	16494
Georgetown Community Tennis Park; $170,000 shall be used for	16495
Violet Township Park Land Acquisition; $150,000 shall be used for	16496
Kelleys Island Park Improvements; $150,000 shall be used for	16497
Ironton Port Authority Green Space Acquisition; $150,000 shall be	16498
used for Perry Township Camp Improvements; $122,000 shall be used	16499
for Sandusky Plains Environmental Nature Preserve; $100,000 shall	16500
be used for the Fort Recovery Renovations; $100,000 shall be used	16501
for Mountain Bike Park/Midtown Cleveland; $100,000 shall be used	16502
for Delhi Park Veteran's Memorial Wall; $100,000 shall be used for	16503
The Mentor Lagoons Nature Preserve; $100,000 shall be used for the	16504
Chester Township Park; $100,000 shall be used for Thompson Park	16505
Renovations in East Liverpool; $100,000 shall be used for the	16506
Aullwood Audubon Center $75,000 shall be used for Perry Township	16507
Park; $75,000 shall be used for Hocking River Park Complex of	16508
Athens County; $69,000 shall be used for Miami Erie Canal Repairs	16509
in Spencerville; $65,000 shall be used for Star Mill Skate Park	16510
Improvements; $60,000 shall be used for Marseilles Reservoir Bulk	16511
Head Project; $50,000 shall be used for Beavercreek/John Aekeney	16512
Soccer Field and Park; $50,000 shall be used for the Beavercreek	16513
Community Athletic Association Facility and Park Upgrade; $50,000	16514
shall be used for the Delaware Skate Park; $50,000 shall be used	16515
for the Columbus Zoo Education Center; $50,000 shall be used for	16516
Dillon State Park Upgrades; $50,000 shall be used for Indian Lake	16517
State Park Shoreline Improvements; $40,000 shall be used for	16518
Athens Village of Glouster Park Improvements; $30,000 shall be	16519
used for Harold Miller Memorial Park Improvements; $25,000 shall	16520
be used for Grand Lake St. Marys Improvements; $25,000 shall be	16521
used for Geauga Veterans Monument Park Improvements; $25,000 shall	16522
be used for the Conesville Community Children's Park; $25,000	16523
shall be used for the Cambridge Skate Park; $19,000 shall be used	16524
for East Fork State Park-Harsha Lake Dock Improvements; $10,000	16525
shall be used for the Marine Corps League Park/Monument; $10,000	16526
shall be used for Huntington Township Park Improvements; $5,000	16527
shall be used for Morrow County Bicentennial Park; and $5,000	16528
shall be used for the Galion Memorial Veterans Park.	16529

STATEWIDE TRAILS PROGRAM

16530

Of the foregoing appropriation item CAP-876, Statewide	16531
Trails, $2,000,000 shall be used for the Ohio to Erie Trail by	16532
Franklin County Metro Parks; $1,900,000 shall be used for the	16533
Cuyahoga Towpath Trail; $500,000 shall be used for Henry County	16534
Park and Bike Trails; $400,000 shall be used for the Prairie Grass	16535
Trail; $330,000 shall be used for the Williamsburg/Batavia Hike	16536
and Bike Trail; $200,000 shall be used for the Xenia-Jamestown	16537
Connector Trail Project; $100,000 shall be used for Tri-County	16538
Triangle Trail Funding; and $210,000 shall be used for the	16539
Trumbull Bike Trail.	16540

Section 237.20. For the appropriations in Section 237.10 of	16541
this act, the Department of Natural Resources shall periodically	16542
prepare and submit to the Director of Budget and Management the	16543
estimated design, planning, and engineering costs of	16544
capital-related work to be done by the Department of Natural	16545
Resources for each project. Based on the estimates, the Director	16546
of Budget and Management may release appropriations from the	16547
foregoing appropriation item CAP-753, Project Planning, within the	16548
Parks and Recreation Improvement Fund (Fund 035), to pay for	16549
design, planning, and engineering costs incurred by the Department	16550
of Natural Resources for the projects. Upon release of the	16551
appropriations by the Director of Budget and Management, the	16552
Department of Natural Resources shall pay for these expenses from	16553
the Parks Capital Expenses Fund (Fund 227), and shall be	16554
reimbursed from the Parks and Recreation Improvement Fund (Fund	16555
035) using an intrastate voucher.	16556

Section 237.30.  The Treasurer of State is hereby authorized	16557
to issue and sell, in accordance with Section 2i of Article VIII,	16558
Ohio Constitution, and Chapter 154. of the Revised Code,	16559
particularly section 154.22 of the Revised Code, original	16560
obligations in an aggregate principal amount not to exceed	16561
$40,500,000, in addition to the original issuance of obligations	16562
heretofore authorized by prior acts of the General Assembly. These	16563
authorized obligations shall be issued, subject to applicable	16564
constitutional and statutory limitations, to pay the costs of	16565
capital facilities for parks and recreation as defined in section	16566
154.01 of the Revised Code.	16567

Section 237.40.  (A) No capital improvement appropriations	16568
made in Section 237.10 of this act shall be released for planning	16569
or for improvement, renovation, or construction or acquisition of	16570
capital facilities if a governmental agency, as defined in section	16571
154.01 of the Revised Code, does not own the real property that	16572
constitutes the capital facilities or on which the capital	16573
facilities are or will be located. This restriction does not apply	16574
in any of the following circumstances:	16575

(1) The governmental agency has a long-term (at least fifteen	16576
years) lease of, or other interest (such as an easement) in, the	16577
real property.	16578

(2) In the case of an appropriation for capital facilities	16579
for parks and recreation that, because of their unique nature or	16580
location, will be owned or be part of facilities owned by a	16581
separate nonprofit organization and made available to the	16582
governmental agency for its use or operated by the nonprofit	16583
organization under contract with the governmental agency, the	16584
nonprofit organization either owns or has a long-term (at least	16585
fifteen years) lease of the real property or other capital	16586
facility to be improved, renovated, constructed, or acquired and	16587
has entered into a joint or cooperative use agreement, approved by	16588
the Department of Natural Resources, with the governmental agency	16589
for that agency's use of and right to use the capital facilities	16590
to be financed and, if applicable, improved, the value of such use	16591
or right to use being, as determined by the parties, reasonably	16592
related to the amount of the appropriation.	16593

(B) In the case of capital facilities referred to in division	16594
(A)(2) of this section, the joint or cooperative use agreement	16595
shall include, as a minimum, provisions that:	16596

(1) Specify the extent and nature of that joint or	16597
cooperative use, extending for not fewer than fifteen years, with	16598
the value of such use or right to use to be, as determined by the	16599
parties and approved by the approving department, reasonably	16600
related to the amount of the appropriation;	16601

(2) Provide for pro rata reimbursement to the state should	16602
the arrangement for joint or cooperative use by a governmental	16603
agency be terminated; and	16604

(3) Provide that procedures to be followed during the capital	16605
improvement process will comply with appropriate applicable state	16606
laws and rules, including the provisions of this act.	16607

Section 239.10. All items set forth in this section are	16608
hereby appropriated out of any moneys in the state treasury to the	16609
credit of the State Capital Improvements Fund (Fund 038), that are	16610
not otherwise appropriated.	16611

Appropriations

PWC PUBLIC WORKS COMMISSION

16612

CAP-150		Local Public Infrastructure		$	120,000,000		16613
Total Public Works Commission				$	120,000,000		16614
TOTAL State Capital Improvements Fund				$	120,000,000		16615

The foregoing appropriation item CAP-150, Local Public	16616
Infrastructure, shall be used in accordance with sections 164.01	16617
to 164.12 of the Revised Code. The Director of the Public Works	16618
Commission may certify to the Director of Budget and Management	16619
that a need exists to appropriate investment earnings to be used	16620
in accordance with sections 164.01 to 164.12 of the Revised Code.	16621
If the Director of Budget and Management determines pursuant to	16622
division (D) of section 164.08 and section 164.12 of the Revised	16623
Code that investment earnings are available to support additional	16624
appropriations, such amounts are hereby appropriated.	16625

If the Public Works Commission receives refunds due to	16626
project overpayments that are discovered during a post-project	16627
audit, the Director of the Public Works Commission may certify to	16628
the Director of Budget and Management that refunds have been	16629
received. In certifying the refunds, the Director of the Public	16630
Works Commission shall provide the Director of Budget and	16631
Management information on the project refunds. The certification	16632
shall detail by project the source and amount of project	16633
overpayments received and include any supporting documentation	16634
required or requested by the Director of Budget and Management.	16635
Upon receipt of the certification, the Director of Budget and	16636
Management shall determine if the project refunds are necessary to	16637
support existing appropriations. If the project refunds are	16638
available to support additional appropriations, these amounts are	16639
hereby appropriated to appropriation item CAP-151, Revolving Loan.	16640

Section 239.20. The Ohio Public Facilities Commission is	16641
hereby authorized to issue and sell, in accordance with Sections	16642
2m and 2p of Article VIII, Ohio Constitution, and sections 151.01	16643
and 151.08 of the Revised Code, original obligations of the state,	16644
in an aggregate principal amount not to exceed $120,000,000, in	16645
addition to the original obligations heretofore authorized by	16646
prior acts of the General Assembly. These authorized obligations	16647
shall be issued and sold from time to time and in amounts	16648
necessary to ensure sufficient moneys to the credit of the State	16649
Capital Improvements Fund (Fund 038) to pay costs charged to that	16650
fund, as estimated by the Director of Budget and Management.	16651

Section 301.10. Notwithstanding any provision of law to the	16652
contrary, the Director of Budget and Management, with the written	16653
concurrence of the Director of Public Safety, may transfer cash	16654
temporarily from the Highway Safety Fund (Fund 036) to the Highway	16655
Safety Building Fund (Fund 025), and the cash may be used to fund	16656
projects previously appropriated by acts of the general assembly.	16657
The transfers shall be made for the purpose of providing cash to	16658
support appropriations or encumbrances that exist upon the	16659
effective date of this section. At such time as obligations are	16660
issued for Highway Safety Building Fund projects, the Director of	16661
Budget and Management shall transfer from the Highway Safety	16662
Building Fund to the Highway Safety Fund any amounts originally	16663
transferred to the Highway Safety Building Fund under this	16664
section.	16665

Section 303.10. CERTIFICATION OF AVAILABILITY OF MONEYS

16666

No moneys that require release may be expended from any	16667
appropriation contained in this act without certification of the	16668
Director of Budget and Management that there are sufficient moneys	16669
in the state treasury in the fund from which the appropriation is	16670
made. The certification shall be based on estimates of revenue,	16671
receipts, and expenses. Nothing in this section shall be	16672
construed as a limitation on the authority of the Director of	16673
Budget and Management under section 126.07 of the Revised Code.	16674

Section 303.20. LIMITATION ON USE OF CAPITAL APPROPRIATIONS

16675

The appropriations made in this act, excluding those made to	16676
the State Capital Improvement Fund (Fund 038) and the State	16677
Capital Improvements Revolving Loan Fund (Fund 040) for buildings	16678
or structures, including remodeling and renovations, are limited	16679
to:	16680

(A) Acquisition of real property or interests in real	16681
property;	16682

(B) Buildings and structures, which includes construction,	16683
demolition, complete heating, lighting and lighting fixtures, all	16684
necessary utilities, and ventilating, plumbing, sprinkling, and	16685
sewer systems, when such systems are authorized or necessary;	16686

(C) Architectural, engineering, and professional services	16687
expenses directly related to the projects;	16688

(D) Machinery that is a part of structures at the time of	16689
initial acquisition or construction;	16690

(E) Acquisition, development, and deployment of new computer	16691
systems, including the redevelopment or integration of existing	16692
and new computer systems, but excluding regular or ongoing	16693
maintenance or support agreements;	16694

(F) Equipment that meets all the following criteria:

16695

(1) The equipment is essential in bringing the facility up to	16696
its intended use;	16697

(2) The unit cost of the equipment, and not the individual	16698
parts of a unit, is about $100 or more;	16699

(3) The equipment has a useful life of five years or more;

16700

(4) The equipment is necessary for the functioning of the	16701
particular facility or project.	16702

No equipment shall be paid for from these appropriations that	16703
is not an integral part of or directly related to the basic	16704
purpose or function of a project for which moneys are	16705
appropriated. This paragraph does not apply to appropriation items	16706
for equipment.	16707

Section 303.30. CONTINGENCY RESERVE REQUIREMENT

16708

Any request for release of capital appropriations by the	16709
Director of Budget and Management or the Controlling Board of	16710
capital appropriations for projects, the contracts for which are	16711
awarded by the Department of Administrative Services, shall	16712
contain a contingency reserve, the amount of which shall be	16713
determined by the Department of Administrative Services, for	16714
payment of unanticipated project expenses. Any amount deducted	16715
from the encumbrance for a contractor's contract as an assessment	16716
for liquidated damages shall be added to the encumbrance for the	16717
contingency reserve. Contingency reserve funds shall be used to	16718
pay costs resulting from unanticipated job conditions, to comply	16719
with rulings regarding building and other codes, to pay costs	16720
related to errors or omissions in contract documents, to pay costs	16721
associated with changes in the scope of work, and to pay the cost	16722
of settlements and judgments related to the project.	16723

Any funds remaining upon completion of a project may, upon	16724
approval of the Controlling Board, be released for the use of the	16725
institution to which the appropriation was made for other capital	16726
facilities projects.	16727

Section 303.40. AGENCY ADMINISTRATION OF CAPITAL FACILITIES	16728
PROJECTS	16729

Notwithstanding sections 123.01 and 123.15 of the Revised	16730
Code, the Director of Administrative Services may authorize the	16731
Departments of Mental Health, Mental Retardation and Developmental	16732
Disabilities, Agriculture, Job and Family Services, Rehabilitation	16733
and Correction, Youth Services, Public Safety, Transportation, and	16734
the Ohio Veterans' Home to administer any capital facilities	16735
projects, the estimated cost of which, including design fees,	16736
construction, equipment, and contingency amounts, is less than	16737
$1,500,000. Requests for authorization to administer capital	16738
facilities projects shall be made in writing to the Director of	16739
Administrative Services by the applicable state agency within	16740
sixty days after the effective date of the section of law in which	16741
the General Assembly initially makes an appropriation for the	16742
project. Upon the release of funds for the projects by the	16743
Controlling Board or the Director of Budget and Management, the	16744
agency may administer the capital project or projects for which	16745
agency administration has been authorized without the supervision,	16746
control, or approval of the Director of Administrative Services.	16747

The state agency authorized by the Director of Administrative	16748
Services to administer capital facilities projects pursuant to	16749
this section shall comply with the applicable procedures and	16750
guidelines established in Chapter 153. of the Revised Code.	16751

Section 305.10.  SATISFACTION OF JUDGMENTS AND SETTLEMENTS	16752
AGAINST THE STATE	16753

Except as otherwise provided in this section, an	16754
appropriation in this act or any other act may be used for the	16755
purpose of satisfying judgments, settlements, or administrative	16756
awards ordered or approved by the Court of Claims or by any other	16757
court of competent jurisdiction in connection with civil actions	16758
against the state. This authorization does not apply to	16759
appropriations to be applied to or used for payment of guarantees	16760
by or on behalf of the state, or for payments under lease	16761
agreements relating to or debt service on bonds, notes, or other	16762
obligations of the state. Notwithstanding any other section of law	16763
to the contrary, this authorization includes appropriations from	16764
funds into which proceeds or direct obligations of the state are	16765
deposited only to the extent that the judgment, settlement, or	16766
administrative award is for or represents capital costs for which	16767
the appropriation may otherwise be used and is consistent with the	16768
purpose for which any related obligations were issued or entered	16769
into. Nothing contained in this section is intended to subject the	16770
state to suit in any forum in which it is not otherwise subject to	16771
suit, and it is not intended to waive or compromise any defense or	16772
right available to the state in any suit against it.	16773

Section 307.10. CAPITAL RELEASES BY THE DIRECTOR OF BUDGET	16774
AND MANAGEMENT	16775

Notwithstanding section 126.14 of the Revised Code,	16776
appropriations for appropriation item CAP-003, Community-Based	16777
Correctional Facilities, appropriated from the Adult Correctional	16778
Building Fund (Fund 027) to the Department of Rehabilitation and	16779
Correction shall be released upon the written approval of the	16780
Director of Budget and Management. The appropriations from the	16781
Public School Building Fund (Fund 021) and the School Building	16782
Program Assistance Fund (Fund 032) to the School Facilities	16783
Commission, from the Clean Ohio Conservation Fund (Fund 056), the	16784
State Capital Improvement Fund (Fund 038), and the State Capital	16785
Improvements Revolving Loan Fund (Fund 040) to the Public Works	16786
Commission shall be released upon presentation of a request to	16787
release the funds, by the agency to which the appropriation has	16788
been made, to the Director of Budget and Management.	16789

Section 309.10. PREVAILING WAGE REQUIREMENT

16790

Except as provided in section 4115.04 of the Revised Code, no	16791
moneys appropriated or reappropriated by the 126th General	16792
Assembly shall be used for the construction of public	16793
improvements, as defined in section 4115.03 of the Revised Code,	16794
unless the mechanics, laborers, or workers engaged therein are	16795
paid the prevailing rate of wages as prescribed in section 4115.04	16796
of the Revised Code. Nothing in this section shall affect the	16797
wages and salaries established for state employees under the	16798
provisions of Chapter 124. of the Revised Code, or collective	16799
bargaining agreements entered into by the state pursuant to	16800
Chapter 4117. of the Revised Code, while engaged on force account	16801
work, nor shall this section interfere with the use of inmate and	16802
patient labor by the state.	16803

Section 311.10. CAPITAL FACILITIES LEASES

16804

Capital facilities for which appropriations are made from the	16805
Highway Safety Building Fund (Fund 025), the Administrative	16806
Building Fund (Fund 026), the Adult Correctional Building Fund	16807
(Fund 027), and the Juvenile Correctional Building Fund (Fund 028)	16808
may be leased by the Ohio Building Authority to the Department of	16809
Public Safety, the Department of Youth Services, the Department of	16810
Administrative Services, and the Department of Rehabilitation and	16811
Correction, and other agreements may be made by the Ohio Building	16812
Authority and the departments with respect to the use or purchase	16813
of the capital facilities, or subject to the approval of the	16814
director of the department or the commission, the Ohio Building	16815
Authority may lease the capital facilities to, and make other	16816
agreements with respect to the use or purchase of the capital	16817
facilities with, any governmental agency or nonprofit corporation	16818
having authority under law to own, lease, or operate the capital	16819
facilities. The director of the department or the commission may	16820
sublease the capital facilities to, and make other agreements with	16821
respect to the use or purchase of the capital facilities with, any	16822
such governmental agency or nonprofit corporation, which	16823
agreements may include provisions for transmittal of receipts of	16824
the agency or nonprofit corporation of any charges for the use of	16825
the facilities, all upon such terms and conditions as the parties	16826
may agree upon and subject to any other provision of law affecting	16827
the leasing, acquisition, or disposition of capital facilities by	16828
the parties.	16829

Section 313.10. AUTHORIZATION OF THE DIRECTOR OF BUDGET AND	16830
MANAGEMENT	16831

The Director of Budget and Management shall authorize both of	16832
the following:	16833

(A) The initial release of moneys for projects from the funds	16834
into which proceeds of direct obligations of the state are	16835
deposited;	16836

(B) The expenditure or encumbrance of moneys from funds into	16837
which proceeds of direct obligations are deposited, but only after	16838
determining to the director's satisfaction that either of the	16839
following applies:	16840

(1) The application of the moneys to the particular project	16841
will not negatively affect any exemption or exclusion from federal	16842
income tax of the interest or interest equivalent on obligations	16843
issued to provide moneys to the particular fund.	16844

(2) Moneys for the project will come from the proceeds of	16845
obligations, the interest on which is not so excluded or exempt	16846
and which have been authorized as "taxable obligations" by the	16847
issuing authority.	16848

The director shall report any nonrelease of moneys pursuant	16849
to this section to the Governor, the presiding officer of each	16850
house of the General Assembly, and the agency for the use of which	16851
the project is intended.	16852

Section 315.10. SCHOOL FACILITIES ENCUMBRANCES AND	16853
REAPPROPRIATION	16854

At the request of the Executive Director of the Ohio School	16855
Facilities Commission, the Director of Budget and Management may	16856
cancel encumbrances for school district projects from a previous	16857
biennium if the district has not raised its local share of project	16858
costs within one year after receiving Controlling Board approval	16859
in accordance with section 3318.05 of the Revised Code. The	16860
Executive Director of the Ohio School Facilities Commission shall	16861
certify the amounts of these canceled encumbrances to the Director	16862
of Budget and Management on a quarterly basis. The amounts of the	16863
canceled encumbrances are hereby appropriated.	16864

Section 317.10. CERTIFICATE OF NEED REQUIREMENT

16865

No appropriation for a health care facility authorized under	16866
this act may be released until the requirements of sections	16867
3702.51 to 3702.68 of the Revised Code have been met.	16868

Section 319.10. DISTRIBUTION OF PROCEEDS FROM ASBESTOS	16869
ABATEMENT LITIGATION	16870

All proceeds received by the state as a result of litigation,	16871
judgments, settlements, or claims, filed by or on behalf of any	16872
state agency, as defined by section 1.60 of the Revised Code, or	16873
state-supported or state-assisted institution of higher education,	16874
for damages or costs resulting from the use, removal, or hazard	16875
abatement of asbestos materials shall be deposited in the Asbestos	16876
Abatement Distribution Fund (Fund 674). All funds deposited into	16877
the Asbestos Abatement Distribution Fund are hereby appropriated	16878
to the Attorney General. To the extent practicable, the proceeds	16879
placed in the Asbestos Abatement Distribution Fund shall be	16880
divided among the state agencies and state-supported or	16881
state-assisted institutions of higher education in accordance with	16882
the general provisions of the litigation regarding the percentage	16883
of recovery. Distribution of the proceeds to each state agency or	16884
state-supported or state-assisted institution of higher education	16885
shall be made in accordance with the Asbestos Abatement	16886
Distribution Plan to be developed by the Attorney General, the	16887
General Services Division within the Department of Administrative	16888
Services, and the Office of Budget and Management.	16889

In those circumstances where asbestos litigation proceeds are	16890
for reimbursement of expenditures made with funds outside the	16891
state treasury or damages to buildings not constructed with state	16892
appropriations, direct payments shall be made to the affected	16893
institutions of higher education. Any proceeds received for	16894
reimbursement of expenditures made with funds within the state	16895
treasury or damages to buildings occupied by state agencies shall	16896
be distributed to the affected agencies with an intrastate	16897
transfer voucher to the funds identified in the Asbestos Abatement	16898
Distribution Plan.	16899

These proceeds shall be used for additional asbestos	16900
abatement or encapsulation projects, or for other capital	16901
improvements, except that proceeds distributed to the General	16902
Revenue Fund and other funds that are not bond improvement funds	16903
may be used for any purpose. The Controlling Board may, for bond	16904
improvement funds, create appropriation items or increase	16905
appropriation authority in existing appropriation items equaling	16906
the amount of the proceeds. The amounts approved by the	16907
Controlling Board are hereby appropriated. The proceeds deposited	16908
in bond improvement funds shall not be expended until released by	16909
the Controlling Board, which shall require certification by the	16910
Director of Budget and Management that the proceeds are sufficient	16911
and available to fund the additional anticipated expenditures.	16912

Section 321.10. OBLIGATIONS ISSUED UNDER CHAPTER 151. OF THE	16913
REVISED CODE	16914

The capital improvements for which appropriations are made in	16915
this act from the Third Frontier Research and Development Fund	16916
(Fund 011), the Job Ready Site Development Fund (Fund 012), the	16917
Ohio Parks and Natural Resources Fund (Fund 031), the School	16918
Building Program Assistance Fund (Fund 032), the Higher Education	16919
Improvement Fund (Fund 034), the State Capital Improvements Fund	16920
(Fund 038), the Clean Ohio Conservation Fund (Fund 056), the Clean	16921
Ohio Agricultural Easement Fund (Fund 057), and the Clean Ohio	16922
Trail Fund (Fund 061) are determined to be capital improvements	16923
and capital facilities for research and development, preparation	16924
of sites, natural resources, a statewide system of common schools,	16925
state-supported and state-assisted institutions of higher	16926
education, local subdivision capital improvement projects, and	16927
conservation purposes (under the Clean Ohio Program) and are	16928
designated as capital facilities to which proceeds of obligations	16929
issued under Chapter 151. of the Revised Code are to be applied.	16930

Section 321.20. OBLIGATIONS ISSUED UNDER CHAPTER 152. OF THE	16931
REVISED CODE	16932

The capital improvements for which appropriations are made in	16933
this act from the Highway Safety Building Fund (Fund 025), the	16934
Administrative Building Fund (Fund 026), the Adult Correctional	16935
Building Fund (Fund 027), the Juvenile Correctional Building Fund	16936
(Fund 028), and the Transportation Building Fund (Fund 029) are	16937
determined to be capital improvements and capital facilities for	16938
housing state agencies and branches of state government and are	16939
designated as capital facilities to which proceeds of obligations	16940
issued under Chapter 152. of the Revised Code are to be applied.	16941

Section 321.30. OBLIGATIONS ISSUED UNDER CHAPTER 154. OF THE	16942
REVISED CODE	16943

The capital improvements for which appropriations are made in	16944
this act from the Cultural and Sports Facilities Building Fund	16945
(Fund 030), the Mental Health Facilities Improvement Fund (Fund	16946
033), and the Parks and Recreation Improvement Fund (Fund 035) are	16947
determined to be capital improvements and capital facilities for	16948
housing state agencies and branches of government, mental hygiene	16949
and retardation, and parks and recreation and are designated as	16950
capital facilities to which proceeds of obligations issued under	16951
Chapter 154. of the Revised Code are to be applied.	16952

Section 323.10. TRANSFER OF OPEN ENCUMBRANCES

16953

Upon the request of the agency to which a capital project	16954
appropriation item is appropriated, the Director of Budget and	16955
Management may transfer open encumbrance amounts between separate	16956
encumbrances for the project appropriation item to the extent that	16957
any reductions in encumbrances are agreed to by the contracting	16958
vendor and the agency.	16959

Section 325.10. LITIGATION PROCEEDS TO THE ADMINISTRATIVE	16960
BUILDING FUND	16961

Any proceeds received by the state as the result of	16962
litigation or a settlement agreement related to any liability for	16963
the planning, design, engineering, construction, or construction	16964
management of facilities operated by the Department of	16965
Administrative Services shall be deposited into the Administrative	16966
Building Fund (Fund 026).	16967

Section 327.10. COAL RESEARCH AND DEVELOPMENT BONDS

16968

The Ohio Public Facilities Commission, upon the request of	16969
the Director of the Ohio Coal Development Office with the advice	16970
of the Technical Advisory Committee created in section 1551.35 of	16971
the Revised Code and with the approval of the Director of the Air	16972
Quality Development Authority, is hereby authorized to issue and	16973
sell, in accordance with Section 15 of Article VIII, Ohio	16974
Constitution, and Chapter 151. of the Revised Code, and	16975
particularly sections 151.01 and 151.07 and other applicable	16976
sections of the Revised Code, bonds or other obligations of the	16977
state heretofore authorized by prior acts of the General Assembly.	16978
The obligations shall be issued, subject to applicable	16979
constitutional and statutory limitations, to provide sufficient	16980
moneys to the credit of the Coal Research and Development Fund	16981
created in section 1555.15 of the Revised Code to pay costs	16982
charged to the fund when due as estimated by the Director of the	16983
Ohio Coal Development Office.	16984

Section 329.10. OHIO ADMINISTRATIVE KNOWLEDGE SYSTEM PROJECT

16985

The Ohio Administrative Knowledge System (OAKS) shall be an	16986
enterprise resource planning system that replaces the state's	16987
central services infrastructure systems, including the Central	16988
Accounting System, the Human Resources/Payroll System, the Capital	16989
Improvements Projects Tracking System, the Fixed Assets Management	16990
System, and the Procurement System. The Department of	16991
Administrative Services, in conjunction with the Office of Budget	16992
and Management, may acquire the system, including, but not limited	16993
to, the enterprise resource planning software and installation and	16994
implementation thereof pursuant to Chapter 125. of the Revised	16995
Code. Any lease-purchase arrangement utilized under Chapter 125.	16996
of the Revised Code, including any fractionalized interest therein	16997
as defined in division (N) of section 133.01 of the Revised Code,	16998
shall provide at the end of the lease period that OAKS shall	16999
become the property of the state.	17000

Section 331.10.  Sections 201.10 to 239.20 of this act shall	17001
remain in full force and effect commencing on July 1, 2006, and	17002
terminating on June 30, 2008, for the purpose of drawing money	17003
from the state treasury in payment of liabilities lawfully	17004
incurred under those sections, and on June 30, 2008, and not	17005
before, the moneys hereby appropriated shall lapse into the funds	17006
from which they are severally appropriated. Because if, under	17007
Section 1c of Article II, Ohio Constitution, Sections 201.10 to	17008
239.20 of this act do not take effect until after July 1, 2006,	17009
Sections 201.10 to 239.20 of this act shall be and remain in full	17010
force and effect commencing on that later effective date.	17011

Section 401.03. That Section 22.07 of Am. Sub. H.B. 16 of the	17012
126th General Assembly be amended to read as follows:	17013

Sec. 22.07.  The Treasurer of State is hereby authorized to	17014
issue and sell in accordance with SectionSections 2i and 16 of	17015
Article VIII, Ohio Constitution, and Chapter 154. of the Revised	17016
Code, particularly section 154.20 of the Revised Code, original	17017
obligations in an aggregate principal amount not to exceed	17018
$20,000,000 in addition to the original issuance of obligations	17019
heretofore authorized by prior acts of the General Assembly. The	17020
authorized obligations shall be issued, subject to applicable	17021
constitutional and statutory limitations, to pay costs of capital	17022
facilities as defined in section 154.01 of the Revised Code for	17023
mental hygiene and retardation.	17024

Section 401.04. That existing Section 22.07 of Am. Sub. H.B.	17025
16 of the 126th General Assembly is hereby repealed.	17026

Section 401.10. That Sections 203.12.06, 203.24, 203.57,	17027
203.81, 206.33, 206.66.06, 209.54, 209.63.03, 209.63.30, and	17028
209.93 of Am. Sub. H.B. 66 of the 126th General Assembly be	17029
amended to read as follows:	17030

Sec. 203.12.06. OHIO BUILDING AUTHORITY

17031

The foregoing appropriation item 100-447, OBA - Building Rent	17032
Payments, shall be used to meet all payments at the times they are	17033
required to be made during the period from July 1, 2005, to June	17034
30, 2007, by the Department of Administrative Services to the Ohio	17035
Building Authority pursuant to leases and agreements under Chapter	17036
152. of the Revised Code, but limited to the aggregate amount of	17037
$231,831,700. These appropriations are the source of funds pledged	17038
for bond service charges on obligations issued pursuant to Chapter	17039
152. of the Revised Code.	17040

The foregoing appropriation item 100-448, OBA - Building	17041
Operating Payments, shall be used to meet all payments at the	17042
times that they are required to be made during the period from	17043
July 1, 2005, to June 30, 2007, by the Department of	17044
Administrative Services to the Ohio Building Authority pursuant to	17045
leases and agreements under Chapter 152. of the Revised Code, but	17046
limited to the aggregate amount of $51,040,433.	17047

The payments to the Ohio Building Authority are for the	17048
purpose of paying the expenses of the Ohio Building Authority and	17049
the agencies that occupy space in the various state facilities.	17050
The Department of Administrative Services may enter into leases	17051
and agreements with the Ohio Building Authority providing for the	17052
payment of these expenses. The Ohio Building Authority shall	17053
report to the Department of Administrative Services and the Office	17054
of Budget and Management not later than five months after the	17055
start of a fiscal year the actual expenses incurred by the Ohio	17056
Building Authority in operating the facilities and any balances	17057
remaining from payments and rentals received in the prior fiscal	17058
year. The Department of Administrative Services shall reduce	17059
subsequent payments by the amount of the balance reported to it by	17060
the Ohio Building Authority.	17061

Sec. 203.24. AGR DEPARTMENT OF AGRICULTURE

17062

General Revenue Fund

17063

GRF	700-321		Operating Expenses		$	2,605,330		$	2,605,330		17064
GRF	700-401		Animal Disease Control		$	3,574,506		$	3,574,506		17065
GRF	700-403		Dairy Division		$	1,304,504		$	1,304,504		17066
GRF	700-404		Ohio Proud		$	185,395		$	185,395		17067
GRF	700-405		Animal Damage Control		$	60,000		$	60,000		17068
GRF	700-406		Consumer Analytical Lab		$	819,907		$	819,907		17069
GRF	700-407		Food Safety		$	939,099		$	939,099		17070
GRF	700-409		Farmland Preservation		$	241,573		$	241,573		17071
GRF	700-410		Plant Industry		$	391,216		$	50,000		17072
GRF	700-411		International Trade and Market Development		$	617,524		$	517,524		17073
GRF	700-412		Weights and Measures		$	1,100,000		$	1,300,000		17074
GRF	700-413		Gypsy Moth Prevention		$	200,000		$	200,000		17075
GRF	700-415		Poultry Inspection		$	325,000		$	325,000		17076
GRF	700-418		Livestock Regulation Program		$	1,428,496		$	1,428,496		17077
GRF	700-422		Emergency Preparedness Supplies and Equipment		$	0		$	634,000		17078
GRF	700-424		Livestock Testing and Inspections		$	115,946		$	115,946		17079
GRF	700-499		Meat Inspection Program - State Share		$	4,696,889		$	4,696,889		17080
GRF	700-501		County Agricultural Societies		$	358,226		$	358,226		17081
TOTAL GRF General Revenue Fund					$	18,963,611		$	18,722,395		17082
					19,356,395		17083

Federal Special Revenue Fund Group

17084

3J4	700-607		Indirect Cost		$	1,500,027		$	1,500,027		17085
3R2	700-614		Federal Plant Industry		$	4,800,000		$	4,800,000		17086
326	700-618		Meat Inspection Program - Federal Share		$	5,201,291		$	5,201,291		17087
336	700-617		Ohio Farm Loan Revolving Fund		$	43,793		$	44,679		17088
382	700-601		Cooperative Contracts		$	4,300,000		$	4,300,000		17089
TOTAL FED Federal Special Revenue											17090
Fund Group					$	15,845,111		$	15,845,997		17091

State Special Revenue Fund Group

17092

4C9	700-605		Feed, Fertilizer, Seed, and Lime Inspection		$	1,922,857		$	1,891,395		17093
4D2	700-609		Auction Education		$	23,885		$	24,601		17094
4E4	700-606		Utility Radiological Safety		$	73,059		$	73,059		17095
4P7	700-610		Food Safety Inspection		$	816,096		$	858,096		17096
4R0	700-636		Ohio Proud Marketing		$	38,300		$	38,300		17097
4R2	700-637		Dairy Industry Inspection		$	1,541,466		$	1,621,460		17098
4T6	700-611		Poultry and Meat Inspection		$	47,294		$	47,294		17099
4T7	700-613		International Trade and Market Development		$	52,000		$	54,000		17100
494	700-612		Agricultural Commodity Marketing Program		$	170,220		$	170,220		17101
496	700-626		Ohio Grape Industries		$	1,071,099		$	1,071,054		17102
497	700-627		Commodity Handlers Regulatory Program		$	515,820		$	529,978		17103
5B8	700-629		Auctioneers		$	365,390		$	365,390		17104
5H2	700-608		Metrology Lab and Scale Certification		$	351,526		$	362,526		17105
5L8	700-604		Livestock Management Program		$	30,000		$	30,000		17106
578	700-620		Ride Inspection Fees		$	1,105,436		$	1,115,436		17107
652	700-634		Animal Health and Food Safety		$	1,876,624		$	1,831,232		17108
669	700-635		Pesticide Program		$	2,993,232		$	3,354,448		17109
TOTAL SSR State Special Revenue											17110
Fund Group					$	12,994,304		$	13,438,489		17111

Clean Ohio Fund Group

17112

057	700-632		Clean Ohio Agricultural Easement		$	149,000		$	149,000		17113
TOTAL CLR Clean Ohio Fund Group					$	149,000		$	149,000		17114

TOTAL ALL BUDGET FUND GROUPS					$	47,952,026		$	48,155,881		17115
					48,789,881		17116

OHIO - ISRAEL AGRICULTURAL INITIATIVE

17117

Of the foregoing General Revenue Fund appropriation item	17118
700-411, International Trade and Market Development, $100,000	17119
shall be used in fiscal year 2006 for the Ohio - Israel	17120
Agricultural Initiative.	17121

EMERGENCY PREPAREDNESS SUPPLIES AND EQUIPMENT

17122

The foregoing appropriation item 700-422, Emergency	17123
Preparedness Supplies and Equipment, may only be used for	17124
purchasing items contained within a plan that has been submitted	17125
to and approved by the Controlling Board.	17126

FAMILY FARM LOAN PROGRAM

17127

Notwithstanding Chapter 166. of the Revised Code, up to	17128
$1,000,000 in each fiscal year shall be transferred from moneys in	17129
the Facilities Establishment Fund (Fund 037) to the Family Farm	17130
Loan Fund (Fund 5H1) in the Department of Development. These	17131
moneys shall be used for loan guarantees. The transfer is subject	17132
to Controlling Board approval.	17133

Financial assistance from the Family Farm Loan Fund (Fund	17134
5H1) shall be repaid to Fund 5H1. This fund is established in	17135
accordance with sections 166.031, 901.80, 901.81, 901.82, and	17136
901.83 of the Revised Code.	17137

When the Family Farm Loan Fund (Fund 5H1) ceases to exist,	17138
all outstanding balances, all loan repayments, and any other	17139
outstanding obligations shall revert to the Facilities	17140
Establishment Fund (Fund 037).	17141

CASH TRANSFER TO COOPERATIVE CONTRACTS FUND

17142

On the effective date of this amendment, or as soon as	17143
possible thereafter, the Director of Budget and Management may	17144
transfer $111,668.76 in cash from the General Revenue Fund to the	17145
Cooperative Contracts Fund (Fund 382) to correct wire transfers to	17146
the Department of Agriculture that were mistakenly deposited in	17147
the General Revenue Fund.	17148

Sec. 203.57.  OBM OFFICE OF BUDGET AND MANAGEMENT

17149

General Revenue Fund

17150

GRF	042-321		Budget Development and Implementation		$	2,143,886		$	2,143,886		17151
GRF	042-410		National Association Dues		$	27,089		$	28,173		17152
GRF	042-412		Audit of Auditor of State		$	55,900		$	58,700		17153
GRF	042-435		Gubernatorial Transition		$	0		$	250,000		17154
TOTAL GRF General Revenue Fund					$	2,226,875		$	2,480,759		17155

General Services Fund Group

17156

105	042-603		Accounting and Budgeting		$	9,781,085		$	9,976,689		17157
TOTAL GSF General Services Fund Group					$	9,781,085		$	9,976,689		17158

State Special Revenue Fund Group

17159

5N4	042-602		OAKS Project Implementation		$	2,262,441		$	2,272,595		17160
TOTAL SSR State Special Revenue Fund Group					$	2,262,441		$	2,272,595		17161
TOTAL ALL BUDGET FUND GROUPS					$	14,270,401		$	14,730,043		17162

AUDIT COSTS

17163

Of the foregoing appropriation item 042-603, Accounting and	17164
Budgeting, not more than $420,000 in fiscal year 2006 and $425,000	17165
in fiscal year 2007 shall be used to pay for centralized audit	17166
costs associated with either Single Audit Schedules or financial	17167
statements prepared in conformance with generally accepted	17168
accounting principles for the state.	17169

OAKS PROJECT IMPLEMENTATION

17170

Notwithstanding section 126.25 of the Revised Code, in fiscal	17171
years 2006 and 2007, rebates or revenue shares received from any	17172
state payment card program established under division (B) of	17173
section 126.21 of the Revised Code may be deposited into the OAKS	17174
Project Implementation Fund (Fund 5N4).	17175

MEDICAID AGENCY TRANSITION

17176

Upon the transfer of appropriations to GRF appropriation item	17177
042-416, Medicaid Agency Transition, the Director of Budget and	17178
Management may retain staff of the Medicaid Administrative Study	17179
Council, hire staff, enter into contracts, and take other steps	17180
necessary to complete the transition tasks identified in the	17181
Medicaid Administrative Study Council report or other tasks	17182
considered necessary to create a new Department of Medicaid. Any	17183
contracts entered into under this paragraph shall be exempt from	17184
the authority and supervision of the Department of Administrative	17185
Services and the Office of Information Technology.	17186

Sec. 203.81.  CEB CONTROLLING BOARD

17187

General Revenue Fund

17188

GRF	911-401		Emergency Purposes/Contingencies		$	5,000,000		$	5,000,000 8,000,000		17189
GRF	911-404		Mandate Assistance		$	650,000		$	650,000		17190
GRF	911-441		Ballot Advertising Costs		$	300,000		$	300,000		17191
TOTAL GRF General Revenue Fund					$	5,950,000		$	5,950,000 8,950,000		17192
TOTAL ALL BUDGET FUND GROUPS					$	5,950,000		$	5,950,000 8,950,000		17193

FEDERAL SHARE

17194

In transferring appropriations to or from appropriation items	17195
that have federal shares identified in this actAm. Sub. H.B. 66	17196
of the 126th General Assembly, the Controlling Board shall add or	17197
subtract corresponding amounts of federal matching funds at the	17198
percentages indicated by the state and federal division of the	17199
appropriations in this act Am. Sub. H.B. 66 of the 126th General	17200
Assembly. Such changes are hereby appropriated.	17201

DISASTER ASSISTANCE

17202

Pursuant to requests submitted by the Department of Public	17203
Safety, the Controlling Board may approve transfers from	17204
appropriation item 911-401, Emergency Purposes/Contingencies, to	17205
Department of Public Safety appropriation items to provide funding	17206
for assistance to political subdivisions and individuals made	17207
necessary by natural disasters or emergencies. Such transfers may	17208
be requested and approved prior to or following the occurrence of	17209
any specific natural disasters or emergencies in order to	17210
facilitate the provision of timely assistance.	17211

DISASTER SERVICES

17212

Pursuant to requests submitted by the Department of Public	17213
Safety, the Controlling Board may approve transfers from the	17214
Disaster Services Fund (5E2) to a Department of Public Safety	17215
General Revenue Fund appropriation item to provide for assistance	17216
to political subdivisions made necessary by natural disasters or	17217
emergencies. These transfers may be requested and approved prior	17218
to the occurrence of any specific natural disasters or emergencies	17219
in order to facilitate the provision of timely assistance. The	17220
Emergency Management Agency of the Department of Public Safety	17221
shall use the funding for disaster aid requests that meet the	17222
Emergency Management Agency's criteria for assistance.	17223

The Disaster Services Fund (5E2) shall be used by the	17224
Controlling Board, pursuant to requests submitted by state	17225
agencies, to transfer cash and appropriation authority to any fund	17226
and appropriation item for the payment of state agency program	17227
expenses as follows:	17228

(A) The Southern Ohio flooding, referred to as	17229
FEMA-DR-1164-OH;	17230

(B) The flood and storm disaster referred to as	17231
FEMA-DR-1227-OH;	17232

(C) The Southern Ohio flooding, referred to as	17233
FEMA-DR-1321-OH;	17234

(D) The flooding referred to as FEMA-DR-1339-OH;

17235

(E) The tornado and storms referred to as FEMA-DR-1343-OH;

17236

(F) Other disasters declared by the Governor, if the Director	17237
of Budget and Management determines that sufficient funds exist	17238
beyond the expected program costs of these other disasters.	17239

The unencumbered balance of the Disaster Services Fund (5E2)	17240
at the end of fiscal year 2006 is transferred to fiscal year 2007	17241
for use for the same purposes as in fiscal year 2006.	17242

SOUTHERN OHIO CORRECTIONAL FACILITY COST

17243

The Division of Criminal Justice Services in the Department	17244
of Public Safety and the Public Defender Commission may each	17245
request, upon approval of the Director of Budget and Management,	17246
additional funds from appropriation item 911-401, Emergency	17247
Purposes/Contingencies, for costs related to the disturbance that	17248
occurred on April 11, 1993, at the Southern Ohio Correctional	17249
Facility in Lucasville, Ohio.	17250

MANDATE ASSISTANCE

17251

(A) The foregoing appropriation item 911-404, Mandate	17252
Assistance, shall be used to provide financial assistance to local	17253
units of government and school districts for the cost of the	17254
following two unfunded state mandates:	17255

(1) The cost to county prosecutors for prosecuting certain	17256
felonies that occur on the grounds of state institutions operated	17257
by the Department of Rehabilitation and Correction and the	17258
Department of Youth Services;	17259

(2) The cost to school districts of in-service training for	17260
child abuse detection.	17261

(B) The Division of Criminal Justice Services in the	17262
Department of Public Safety and the Department of Education may	17263
prepare and submit to the Controlling Board one or more requests	17264
to transfer appropriations from appropriation item 911-404,	17265
Mandate Assistance. The state agencies charged with this	17266
administrative responsibility are listed below, as well as the	17267
estimated annual amounts that may be used for each program of	17268
state financial assistance.	17269

		ADMINISTERING		ESTIMATED ANNUAL		17270
PROGRAM		AGENCY		AMOUNT		17271

Prosecution Costs		Division of Criminal		$150,000		17272
		Justice Services				17273
Child Abuse Detection Training Costs		Department of Education		$500,000		17274

(C) Subject to the total amount appropriated in each fiscal	17275
year for appropriation item 911-404, Mandate Assistance, the	17276
Division of Criminal Justice Services in the Department of Public	17277
Safety and the Department of Education may request from the	17278
Controlling Board that amounts smaller or larger than these	17279
estimated annual amounts be transferred to each program.	17280

(D) In addition to making the initial transfers requested by	17281
the Division of Criminal Justice Services in the Department of	17282
Public Safety and the Department of Education, the Controlling	17283
Board may transfer appropriations received by a state agency under	17284
this section back to appropriation item 911-404, Mandate	17285
Assistance, or to the other program of state financial assistance	17286
identified under this section.	17287

(E) It is expected that not all costs incurred by local units	17288
of government and school districts under each of the two programs	17289
of state financial assistance identified in this section will be	17290
fully reimbursed by the state. Reimbursement levels may vary by	17291
program and shall be based on: the relationship between the	17292
appropriation transfers requested by the Division of Criminal	17293
Justice Services in the Department of Public Safety and the	17294
Department of Education and provided by the Controlling Board for	17295
each of the programs; the rules and procedures established for	17296
each program by the administering state agency; and the actual	17297
costs incurred by local units of government and school districts.	17298

(F) Each of these programs of state financial assistance	17299
shall be carried out as follows:	17300

(1) PROSECUTION COSTS

17301

(a) Appropriations may be transferred to the Division of	17302
Criminal Justice Services in the Department of Public Safety to	17303
cover local prosecution costs for aggravated murder, murder,	17304
felonies of the first degree, and felonies of the second degree	17305
that occur on the grounds of institutions operated by the	17306
Department of Rehabilitation and Correction and the Department of	17307
Youth Services.	17308

(b) Upon a delinquency filing in juvenile court or the return	17309
of an indictment for aggravated murder, murder, or any felony of	17310
the first or second degree that was committed at a Department of	17311
Youth Services or a Department of Rehabilitation and Correction	17312
institution, the affected county may, in accordance with rules	17313
that the Division of Criminal Justice Services in the Department	17314
of Public Safety shall adopt, apply to the Division of Criminal	17315
Justice Services for a grant to cover all documented costs that	17316
are incurred by the county prosecutor's office.	17317

(c) Twice each year, the Division of Criminal Justice	17318
Services in the Department of Public Safety shall designate	17319
counties to receive grants from those counties that have submitted	17320
one or more applications in compliance with the rules that have	17321
been adopted by the Division of Criminal Justice Services for the	17322
receipt of such grants. In each year's first round of grant	17323
awards, if sufficient appropriations have been made, up to a total	17324
of $100,000 may be awarded. In each year's second round of grant	17325
awards, the remaining appropriations available for this purpose	17326
may be awarded.	17327

(d) If for a given round of grants there are insufficient	17328
appropriations to make grant awards to all the eligible counties,	17329
the first priority shall be given to counties with cases involving	17330
aggravated murder and murder; second priority shall be given to	17331
counties with cases involving a felony of the first degree; and	17332
third priority shall be given to counties with cases involving a	17333
felony of the second degree. Within these priorities, the grant	17334
awards shall be based on the order in which the applications were	17335
received, except that applications for cases involving a felony of	17336
the first or second degree shall not be considered in more than	17337
two consecutive rounds of grant awards.	17338

(2) CHILD ABUSE DETECTION TRAINING COSTS

17339

Appropriations may be transferred to the Department of	17340
Education for disbursement to local school districts as full or	17341
partial reimbursement for the cost of providing in-service	17342
training for child abuse detection. In accordance with rules that	17343
the department shall adopt, a local school district may apply to	17344
the department for a grant to cover all documented costs that are	17345
incurred to provide in-service training for child abuse detection.	17346
The department shall make grants within the limits of the funding	17347
provided.	17348

(G) Any moneys allocated within appropriation item 911-404,	17349
Mandate Assistance, not fully utilized may, upon application of	17350
the Ohio Public Defender Commission, and with the approval of the	17351
Controlling Board, be disbursed to boards of county commissioners	17352
to provide additional reimbursement for the costs incurred by	17353
counties in providing defense to indigent defendants pursuant to	17354
Chapter 120. of the Revised Code. Application for the unutilized	17355
funds shall be made by the Ohio Public Defender Commission at the	17356
first June meeting of the Controlling Board.	17357

The amount to be disbursed to each county shall be allocated	17358
proportionately on the basis of the total amount of reimbursement	17359
paid to each county as a percentage of the amount of reimbursement	17360
paid to all of the counties during the most recent state fiscal	17361
year for which data is available and as calculated by the Ohio	17362
Public Defender Commission.	17363

BALLOT ADVERTISING COSTS

17364

Pursuant to requests submitted by the Ohio Ballot Board, the	17365
Controlling Board shall approve transfers from the foregoing	17366
appropriation item 911-441, Ballot Advertising Costs, to an Ohio	17367
Ballot Board appropriation item in order to reimburse county	17368
boards of elections for the cost of public notices associated with	17369
statewide ballot initiatives.	17370

Sec. 206.33.  ETH OHIO ETHICS COMMISSION

17371

General Revenue Fund

17372

GRF	146-321		Operating Expenses		$	1,536,213		$	1,536,213 1,742,213		17373
TOTAL GRF General Revenue Fund					$	1,536,213		$	1,536,213 1,742,213		17374

General Services Fund Group

17375

4M6	146-601		Operating Expenses		$	502,543		$	432,543		17376
TOTAL GSF General Services											17377
Fund Group					$	502,543		$	432,543		17378
TOTAL ALL BUDGET FUND GROUPS					$	2,038,756		$	1,968,756 2,174,756		17379

OPERATING EXPENSES

17380

Of the foregoing GRF appropriation item 146-321, Operating	17381
Expenses, in fiscal year 2007 $56,000 shall be used to complete	17382
the Financial Disclosure Database, and in addition to amounts	17383
already designated for investigative services, an additional	17384
$150,000 shall be used for that purpose.	17385

Sec. 206.66.06. GOVERNOR'S OFFICE OF FAITH-BASED AND	17386
COMMUNITY INITIATIVES	17387

Of the foregoing appropriation item 600-321, Support	17388
Services, up to $312,500 per fiscal year may be used to support	17389
the activities of the Governor's Office of Faith-Based and	17390
Community Initiatives.	17391

MEDICAID ADMINISTRATIVE STUDY COUNCIL FUNDING

17392

Of the foregoing appropriation item 600-321, Support	17393
Services, $1,000,000 in fiscal year 2006 and $500,000 in fiscal	17394
year 2007 shall be provided to the Medicaid Administrative Study	17395
Council to carry out the duties of the Council as specified under	17396
the section of this actAm. Sub. H.B. 66 of the 126th General	17397
Assembly entitled "MEDICAID ADMINISTRATIVE STUDY COUNCIL."	17398

MEDICAID AGENCY TRANSITION

17399

The Director of Budget and Management may transfer in the	17400
Department of Job and Family Services up to $1,000,000 in	17401
appropriations from GRF appropriation item 600-321, Support	17402
Services, to newly created GRF appropriation item 042-416,	17403
Medicaid Agency Transition, in the Office of Budget and	17404
Management. The amount transferred is hereby appropriated. The	17405
funds shall be administered by the Office of Budget and Management	17406
and shall be used as specified in Section 203.57 of Am. Sub. H.B.	17407
66 of the 126th General Assembly as amended by this act.	17408

Sec. 209.54.  PUC PUBLIC UTILITIES COMMISSION OF OHIO

17409

General Services Fund Group

17410

5F6	870-622		Utility and Railroad Regulation		$	31,272,222		$	31,272,223		17411
5F6	870-624		NARUC/NRRI Subsidy		$	167,233		$	167,233		17412
5F6	870-625		Motor Transportation Regulation		$	5,361,239		$	5,361,238		17413
TOTAL GSF General Services											17414
Fund Group					$	36,800,694		$	36,800,694		17415

Federal Special Revenue Fund Group

17416

3V3	870-604		Commercial Vehicle Information Systems/Networks		$	300,000		$	300,000		17417
333	870-601		Gas Pipeline Safety		$	597,957		$	597,957		17418
350	870-608		Motor Carrier Safety		$	7,027,712		$	7,027,712		17419
TOTAL FED Federal Special Revenue											17420
Fund Group					$	7,925,669		$	7,925,669		17421

State Special Revenue Fund Group

17422

4A3	870-614		Grade Crossing Protection Devices-State		$	1,349,757		$	1,349,757		17423
4L8	870-617		Pipeline Safety-State		$	187,621		$	187,621		17424
4S6	870-618		Hazardous Material Registration		$	464,325		$	464,325		17425
4S6	870-621		Hazardous Materials Base State Registration		$	373,346		$	373,346		17426
4U8	870-620		Civil Forfeitures		$	284,986		$	284,986		17427
5BP	870-623		Wireless 911 9-1-1 Administration		$	650,000		$	375,000		17428
559	870-605		Public Utilities Territorial Administration		$	4,000		$	4,000		17429
560	870-607		Special Assessment		$	100,000		$	100,000		17430
561	870-606		Power Siting Board		$	337,210		$	337,210		17431
638	870-611		Biomass Energy Program		$	40,000		$	40,000		17432
661	870-612		Hazardous Materials Transportation		$	900,000		$	900,000		17433
TOTAL SSR State Special Revenue											17434
Fund Group					$	4,691,245		$	4,416,245		17435

Agency Fund Group

17436

4G4	870-616		Base State Registration Program		$	5,600,000		$	5,600,000		17437
TOTAL AGY Agency Fund Group					$	5,600,000		$	5,600,000		17438
TOTAL ALL BUDGET FUND GROUPS					$	55,017,608		$	54,742,608		17439

COMMERCIAL VEHICLE INFORMATION SYSTEMS AND NETWORKS PROJECT

17440

The Commercial Vehicle Information Systems and Networks Fund	17441
is hereby created in the state treasury. The fund shall receive	17442
funding from the United States Department of Transportation's	17443
Commercial Vehicle Intelligent Transportation System	17444
Infrastructure Deployment Program and shall be used to deploy the	17445
Ohio Commercial Vehicle Information Systems and Networks Project	17446
and to expedite and improve the safety of motor carrier operations	17447
through electronic exchange of data by means of on-highway	17448
electronic systems.	17449

On the effective date of this amendment, or as soon as	17450
possible thereafter, the Director of Budget and Management shall	17451
transfer $150,000 in cash from Fund 3V3, Commercial Vehicle	17452
Information Systems/Networks, to Fund 4U8, Civil Forfeitures, and	17453
$350,000 in cash from Fund 3V3, Commercial Vehicle Information	17454
Systems/Networks, to Fund 4S6, Hazardous Materials Registration.	17455
The purpose of the transfers is to repay the temporary cash	17456
transfers that were made into Fund 3V3, Commercial Vehicle	17457
Information Systems/Networks, in fiscal year 2002.	17458

ENHANCED AND WIRELESS ENHANCED 9-1-1

17459

The foregoing appropriation item 870-623, Wireless 9119-1-1	17460
Administration, shall be used pursuant to section 4931.63 of the	17461
Revised Code.	17462

CASH TRANSFER TO THE PUBLIC UTILITIES FUND

17463

If the cash available in the Public Utilities Fund (Fund 5F6)	17464
is insufficient to support the fiscal year 2007 appropriation to	17465
appropriation item 870-625, Motor Transportation Regulation,	17466
because of delayed implementation of the federal Unified Carrier	17467
Registration Program, the Chairman of the Public Utilities	17468
Commission shall notify the Director of Budget and Management.	17469
Upon receiving the notification, the Director may transfer up to	17470
$2,100,000 in fiscal year 2007 from the General Revenue Fund to	17471
the Public Utilities Fund (Fund 5F6).	17472

If, after receiving any transfers pursuant to the preceding	17473
paragraph, the Public Utilities Fund (Fund 5F6) receives revenue	17474
for the purpose of motor transportation regulation pursuant to a	17475
continuation of the Single-State Registration Program or the	17476
implementation of the Unified Carrier Registration Program, the	17477
Director of Budget and Management may transfer cash from the	17478
Public Utilities Fund (Fund 5F6) to the General Revenue Fund up to	17479
the amount originally transferred pursuant to the preceding	17480
paragraph.	17481

Sec. 209.63.03. OPERATING EXPENSES

17482

Of the foregoing appropriation item 235-321, Operating	17483
Expenses, up to $150,000 in each fiscal year shall be used in	17484
conjunction with funding provided in the Department of Education	17485
budget under appropriation item 200-427, Academic Standards, to	17486
create Ohio's Partnership for Continued Learning, in consultation	17487
with the Governor's Office. The Partnership, which replaces and	17488
broadens the former Joint Council of the Department of Education	17489
and the Board of Regents, shall advise and make recommendations to	17490
promote collaboration among relevant state entities in an effort	17491
to help local communities develop coherent and successful "P-16"	17492
learning systems. The Director of Budget and Management may	17493
transfer any unencumbered fiscal year 2006 balance to fiscal year	17494
2007 to support the activities of the Partnership.	17495

Of the foregoing appropriation item 235-321, Operating	17496
Expenses, up to $50,000 in fiscal year 2007 may be used by the	17497
Board of Regents to work jointly with the Department of Education	17498
to create a system of pre-college stackable certificates pursuant	17499
to division (B) of section 3333.34 of the Revised Code.	17500

Of the foregoing appropriation item 235-321, Operating	17501
Expenses, $25,000 in fiscal year 2007 shall be used to support the	17502
activities of the North East Ohio Universities Collaboration and	17503
Innovation Study Commission.	17504

Sec. 209.63.30. ACCESS CHALLENGE

17505

In each fiscal year, the foregoing appropriation item	17506
235-418, Access Challenge, shall be distributed to Ohio's	17507
state-assisted access colleges and universities. For the purposes	17508
of this allocation, "access campuses" includes state-assisted	17509
community colleges, state community colleges, technical colleges,	17510
Shawnee State University, Central State University, Cleveland	17511
State University, the regional campuses of state-assisted	17512
universities, and, where they are organizationally distinct and	17513
identifiable, the community-technical colleges located at the	17514
University of Cincinnati, Youngstown State University, and the	17515
University of Akron.	17516

The purpose of Access Challenge is to reduce the student	17517
share of costs for resident undergraduates enrolled in lower	17518
division undergraduate courses at Ohio's access campuses. The	17519
long-term goal is to make the student share of costs for these	17520
students equivalent to the student share of costs for resident	17521
undergraduate students enrolled throughout Ohio's public colleges	17522
and universities. Access Challenge appropriations shall be used in	17523
both years of the biennium to sustain, as much as possible, the	17524
tuition restraint or tuition reduction that was achieved with	17525
Access Challenge allocations in prior years.	17526

In fiscal year 2006, Access Challenge subsidies shall be	17527
distributed by the Board of Regents to eligible access campuses on	17528
the basis of the average of each campus's share of fiscal year	17529
2003 and 2004 all-terms subsidy-eligible General Studies FTEs. In	17530
fiscal year 2007, Access Challenge subsidies shall be distributed	17531
by the Board of Regents to eligible access campuses on the basis	17532
of the average of each campus's share of fiscal year 2004 and 2005	17533
all-terms subsidy-eligible General Studies FTEs.	17534

For purposes of this calculation, Cleveland State	17535
University's enrollments shall be adjusted by the ratio of the sum	17536
of subsidy-eligible lower-division FTE student enrollments	17537
eligible for access funding to the sum of subsidy-eligible General	17538
Studies FTE student enrollments at Central State University and	17539
Shawnee State University, and for the following universities and	17540
their regional campuses: the Ohio State University, Ohio	17541
University, Kent State University, Bowling Green State University,	17542
Miami University, the University of Cincinnati, the University of	17543
Akron, and Wright State University.	17544

Of the foregoing appropriation item 235-418, Access	17545
Challenge, $10,172,626 in fiscal year 2006 and $9,663,995	17546
$11,413,995 in fiscal year 2007 shall be used by Central State	17547
University to keep undergraduate fees below the statewide average,	17548
consistent with its mission of service to many first-generation	17549
college students from groups historically underrepresented in	17550
higher education and from families with limited incomes.	17551

Sec. 209.93.  SOS SECRETARY OF STATE

17552

General Revenue Fund

17553

GRF	050-321		Operating Expenses		$	2,585,000		$	2,585,000		17554
GRF	050-403		Election Statistics		$	103,936		$	103,936		17555
GRF	050-407		Pollworkers Training		$	277,997		$	277,997		17556
GRF	050-409		Litigation Expenditures		$	4,652		$	4,652		17557
TOTAL GRF General Revenue Fund					$	2,971,585		$	2,971,585		17558

General Services Fund Group

17559

4S8	050-610		Board of Voting Machine Examiners		$	7,200		$	7,200		17560
412	050-609		Notary Commission		$	685,250		$	685,249		17561
413	050-601		Information Systems		$	169,955		$	169,955		17562
414	050-602		Citizen Education Fund		$	75,700		$	55,712		17563
TOTAL General Services Fund Group					$	938,105		$	918,116		17564

Federal Special Revenue Fund Group

17565

3AS	050-616		2005 HAVA Voting Machines		$	37,436,203		$	0		17566
3X4	050-612		Ohio Center/Law Related Educational Grant		$	41,000		$	41,000		17567
TOTAL FED Federal Special Revenue											17568
Fund Group					$	37,477,203		$	41,000		17569

State Special Revenue Fund Group

17570

5N9	050-607		Technology Improvements		$	129,565		$	129,565		17571
599	050-603		Business Services Operating Expenses		$	13,741,745		$	13,761,734		17572
TOTAL SSR State Special Revenue											17573
Fund Group					$	13,871,310		$	13,891,299		17574

Holding Account Redistribution Fund Group

17575

R01	050-605		Uniform Commercial Code Refunds		$	65,000		$	65,000		17576
R02	050-606		Corporate/Business Filing Refunds		$	100,000		$	100,000		17577
TOTAL 090 Holding Account											17578
Redistribution Fund Group					$	165,000		$	165,000		17579
TOTAL ALL BUDGET FUND GROUPS					$	55,423,203		$	17,987,000		17580

BOARD OF VOTING MACHINE EXAMINERS

17581

The foregoing appropriation item 050-610, Board of Voting	17582
Machine Examiners, shall be used to pay for the services and	17583
expenses of the members of the Board of Voting Machine Examiners,	17584
and for other expenses that are authorized to be paid from the	17585
Board of Voting Machine Examiners Fund, which is created in	17586
section 3506.05 of the Revised Code. Moneys not used shall be	17587
returned to the person or entity submitting the equipment for	17588
examination. If it is determined that additional appropriations	17589
are necessary, such amounts are appropriated.	17590

2005 HAVA VOTING MACHINES

17591

On July 1, 2005, or as soon as possible thereafter, the	17592
Secretary of State shall certify to the Director of Budget and	17593
Management the cash balance in Fund 3AR, appropriation item	17594
050-615, 2004 HAVA Voting Machines. The Director of Budget and	17595
Management shall transfer the certified amount of cash to Fund	17596
3AS, 050-616, 2005 HAVA Voting Machines, for use in fiscal year	17597
2006. The transferred amount is hereby appropriated.	17598

On July 1, 2006, or as soon as possible thereafter, the	17599
Director of Budget and Management shall transfer any remaining	17600
unexpended, unencumbered appropriations in Fund 3AS, appropriation	17601
item 050-616, 2005 HAVA Voting Machines, at the end of fiscal year	17602
2006 to fiscal year 2007 for use under the same appropriation	17603
item.	17604

On January 1, 2007, or as soon as possible thereafter, the	17605
Director of Budget and Management shall transfer up to $6,832,753	17606
in cash from the General Revenue Fund (GRF) to the credit of the	17607
Federal Election Reform Fund (Fund 3AA), the Election	17608
Reform/Health and Human Services Fund (Fund 3AH), the 2004 HAVA	17609
Voting Machines Fund (Fund 3AR), the 2005 HAVA Voting Machines	17610
Fund (Fund 3AS), and the Voter/Poll Worker Education Fund (Fund	17611
3AT).	17612

All investment earnings and amounts equal to the interest	17613
earnings from the first and second quarter of fiscal year 2007 of	17614
the federal Election Reform/Health and Human Services Fund (Fund	17615
3AH) and the 2005 HAVA Voting Machines Fund (Fund 3AS) shall be	17616
credited to the respective funds and distributed in accordance	17617
with the terms of the grant under which the money is received.	17618

Interest earnings from the federal Election Reform/Health and	17619
Human Services Fund (Fund 3AH) and the 2005 HAVA Voting Machines	17620
Fund (Fund 3AS) shall be credited to the respective funds and	17621
distributed in accordance with the terms of the grant under which	17622
the money is received.	17623

HOLDING ACCOUNT REDISTRIBUTION GROUP

17624

The foregoing appropriation items 050-605 and 050-606,	17625
Holding Account Redistribution Fund Group, shall be used to hold	17626
revenues until they are directed to the appropriate accounts or	17627
until they are refunded. If it is determined that additional	17628
appropriations are necessary, such amounts are appropriated.	17629

Section 401.11. That existing Sections 203.12.06, 203.24,	17630
203.57, 203.81, 206.33, 206.66.06, 209.54, 209.63.03, 209.63.30,	17631
and 209.93 of Am. Sub. H.B. 66 of the 126th General Assembly are	17632
hereby repealed.	17633

Section 403.10. That Section 203.99 of Am. Sub. H.B. 66 of	17634
the 126th General Assembly, as most recently amended by Sub. H.B.	17635
245 of the 126th General Assembly, be amended to read as follows:	17636

Sec. 203.99. DEV DEPARTMENT OF DEVELOPMENT

17637

General Revenue Fund

17638

GRF	195-321		Operating Expenses		$	2,738,908		$	2,723,908		17639
GRF	195-401		Thomas Edison Program		$	17,554,838		$	17,454,838		17640
GRF	195-404		Small Business Development		$	1,740,722		$	1,740,722		17641
GRF	195-405		Minority Business Development Division		$	1,580,291		$	1,580,291		17642
GRF	195-407		Travel and Tourism		$	6,812,845		$	6,712,845		17643
GRF	195-410		Defense Conversion Assistance		$	300,000		$	200,000		17644
GRF	195-412		Business Development Grants		$	11,750,000		$	11,750,000		17645
GRF	195-415		Economic Development Division and Regional Offices		$	5,794,975		$	5,894,975		17646
GRF	195-416		Governor's Office of Appalachia		$	4,122,372		$	4,122,372		17647
GRF	195-422		Third Frontier Action Fund		$	16,790,000		$	16,790,000		17648
GRF	195-426		Clean Ohio Implementation		$	300,000		$	300,000		17649
GRF	195-432		International Trade		$	4,223,787		$	4,223,787		17650
GRF	195-434		Investment in Training Grants		$	12,227,500		$	12,227,500		17651
GRF	195-436		Labor/Management Cooperation		$	811,869		$	811,869		17652
GRF	195-497		CDBG Operating Match		$	1,040,956		$	1,040,956		17653
GRF	195-498		State Match Energy		$	94,000		$	94,000		17654
GRF	195-501		Appalachian Local Development Districts		$	380,080		$	380,080		17655
GRF	195-502		Appalachian Regional Commission Dues		$	246,803		$	246,803		17656
GRF	195-507		Travel and Tourism Grants		$	1,287,500		$	1,162,500		17657
GRF	195-515		Economic Development Contingency		$	10,000,000		$	0		17658
GRF	195-905		Third Frontier Research & Development General Obligation Debt Service		$	0		$	13,910,000		17659
GRF	195-912		Job Ready Site Development General Obligation Debt Service		$	0		$	4,124,400		17660
TOTAL GRF General Revenue Fund					$	99,797,446		$	107,491,846		17661

General Services Fund Group

17662

135	195-605		Supportive Services		$	7,450,000		$	7,539,686		17663
5AD	195-667		Investment in Training Expansion		$	5,000,000		$	5,000,000		17664
5AD	195-668		Worker Guarantee Program		$	3,000,000		$	3,000,000		17665
5AD	195-677		Economic Development Contingency		$	0		$	10,000,000		17666
685	195-636		General Reimbursements		$	1,000,000		$	1,000,000		17667
TOTAL GSF General Services Fund											17668
Group					$	16,450,000		$	26,539,686		17669

Federal Special Revenue Fund Group

17670

3AE	195-643		Workforce Development Initiatives		$	5,800,000		$	5,800,000		17671
3K8	195-613		Community Development Block Grant		$	65,000,000		$	65,000,000		17672
3K9	195-611		Home Energy Assistance Block Grant		$	90,500,000		$	90,500,000		17673
3K9	195-614		HEAP Weatherization		$	16,219,478		$	16,219,478		17674
3L0	195-612		Community Services Block Grant		$	25,235,000		$	25,235,000		17675
3V1	195-601		HOME Program		$	40,000,000		$	40,000,000		17676
308	195-602		Appalachian Regional Commission		$	600,660		$	600,660		17677
308	195-603		Housing and Urban Development		$	5,000,000		$	5,000,000		17678
308	195-605		Federal Projects		$	15,300,249		$	15,300,249		17679
308	195-609		Small Business Administration		$	4,296,381		$	4,296,381		17680
308	195-618		Energy Federal Grants		$	3,397,659		$	3,397,659		17681
335	195-610		Oil Overcharge		$	3,000,000		$	3,000,000		17682
TOTAL FED Federal Special Revenue											17683
Fund Group					$	274,349,427		$	274,349,427		17684

State Special Revenue Fund Group

17685

4F2	195-639		State Special Projects		$	290,183		$	290,183		17686
4F2	195-676		Promote Ohio		$	5,228,210		$	5,228,210		17687
4S0	195-630		Enterprise Zone Operating		$	275,000		$	275,000		17688
4S1	195-634		Job Creation Tax Credit Operating		$	375,800		$	375,800		17689
4W1	195-646		Minority Business Enterprise Loan		$	2,580,597		$	2,580,597		17690
444	195-607		Water and Sewer Commission Loans		$	523,775		$	523,775		17691
450	195-624		Minority Business Bonding Program Administration		$	53,967		$	53,967		17692
451	195-625		Economic Development Financing Operating		$	2,358,311		$	2,358,311		17693
5CA	195-678		Shovel Ready Sites		$	5,000,000		$	5,000,000		17694
5CG	195-679		Alternative Fuel Transportation		$	150,000		$	1,150,000		17695
5CV	195-680		Defense Conversion Assistance		$	1,000,000		$	0		17696
5CY	195-682		Lung Cancer and Lung Disease Research		$	10,000,000		$	0		17697
5M4	195-659		Universal Service		$	210,000,000		$	210,000,000		17698
5M5	195-660		Energy Efficiency Loan and Grant		$	12,000,000		$	12,000,000		17699
5X1	195-651		Exempt Facility Inspection		$	25,000		$	25,000		17700
611	195-631		Water and Sewer Administration		$	15,713		$	15,713		17701
617	195-654		Volume Cap Administration		$	200,000		$	200,000		17702
646	195-638		Low- and Moderate- Income Housing Trust Fund		$	53,000,000		$	53,000,000		17703
TOTAL SSR State Special Revenue											17704
Fund Group					$	303,076,556		$	293,076,556		17705

Facilities Establishment Fund Group

17706

009	195-664		Innovation Ohio		$	50,000,000		$	50,000,000		17707
010	195-665		Research and Development		$	50,000,000		$	50,000,000		17708
037	195-615		Facilities Establishment		$	63,931,149		$	63,931,149 105,131,149		17709
4Z6	195-647		Rural Industrial Park Loan		$	3,000,000		$	3,000,000		17710
5D2	195-650		Urban Redevelopment Loans		$	5,475,000		$	5,475,000		17711
5H1	195-652		Family Farm Loan Guarantee		$	1,000,000		$	1,000,000		17712
5S8	195-627		Rural Development Initiative		$	3,000,000		$	3,000,000		17713
5S9	195-628		Capital Access Loan Program		$	3,000,000		$	3,000,000		17714
TOTAL 037 Facilities											17715
Establishment Fund Group					$	179,406,149		$	179,406,149 220,606,149		17716

Clean Ohio Revitalization Fund

17717

003	195-663		Clean Ohio Operating		$	350,000		$	350,000		17718
TOTAL 003 Clean Ohio Revitalization Fund					$	350,000		$	350,000		17719

Third Frontier Research & Development Fund Group

17720

011	195-686		Third Frontier Operating		$	713,028		$	1,932,056		17721
011	195-687		Third Frontier Research & Development Projects		$	100,000,000		$	100,000,000		17722
TOTAL 011 Third Frontier Research & Development Fund Group					$	100,713,028		$	101,932,056		17723

Job Ready Site Development Fund Group

17724

012	195-688		Job Ready Site Operating		$	622,200		$	746,155		17725
TOTAL 012 Job Ready Site Development Fund Group					$	622,200		$	746,155		17726

TOTAL ALL BUDGET FUND GROUPS

$

974,764,806

$

983,891,875 1,025,091,875

17727

Section 403.11. That existing Section 203.99 of Am. Sub. H.B.	17729
66 of the 126th General Assembly, as most recently amended by Sub.	17730
H.B. 245 of the 126th General Assembly, is hereby repealed.	17731

Section 405.10. That Section 203.27 of Am. Sub. H.B. 66 of	17732
the 126th General Assembly, as amended by Sub. H.B. 440 of the	17733
126th General Assembly, be amended to read as follows:	17734

Sec. 203.27.  AIR AIR QUALITY DEVELOPMENT AUTHORITY

17735

General Revenue Fund

17736

GRF	898-401		FutureGen Assistance		$	0		$	1,000,000		17737
GRF	898-402		Coal Development Office		$	568,814		$	573,814		17738
GRF	898-901		Coal R&D General Obligation Debt Service		$	7,071,100		$	8,980,800		17739
TOTAL GRF General Revenue Fund					$	7,639,914		$	10,554,614		17740

State Special Revenue Fund Group

17741

5DR	898-606		FutureGen Initiative		$	0		$	250,000		17742
TOTAL SSR State Special Revenue Fund Group					$	0		$	250,000		17743

Agency Fund Group

17744

4Z9	898-602		Small Business Ombudsman		$	263,165		$	264,196		17745
5A0	898-603		Small Business Assistance		$	71,087		$	71,087		17746
570	898-601		Operating Expenses		$	256,875		$	263,693		17747
TOTAL AGY Agency Fund Group					$	591,127		$	598,976		17748

Coal Research/Development Fund

17749

046	898-604		Coal Research and Development Fund		$	10,000,000		$	10,000,000		17750
TOTAL 046 Coal Research/Development Fund					$	10,000,000		$	10,000,000		17751
TOTAL ALL BUDGET FUND GROUPS					$	18,231,041		$	21,403,590		17752

COAL DEVELOPMENT OFFICE

17753

The foregoing appropriation item GRF 898-402, Coal	17754
Development Office, shall be used for the administrative costs of	17755
the Coal Development Office.	17756

COAL RESEARCH AND DEVELOPMENT GENERAL OBLIGATION DEBT SERVICE

17757

The foregoing appropriation item GRF 898-901, Coal R & D	17758
General Obligation Debt Service, shall be used to pay all debt	17759
service and related financing costs at the times they are required	17760
to be made under sections 151.01 and 151.07 of the Revised Code	17761
during the period from July 1, 2005, to June 30, 2007. The Office	17762
of the Sinking Fund or the Director of Budget and Management shall	17763
effectuate the required payments by intrastate transfer voucher.	17764

SCIENCE AND TECHNOLOGY COLLABORATION

17765

The Air Quality Development Authority shall work in close	17766
collaboration with the Department of Development, the Board of	17767
Regents, and the Third Frontier Commission in relation to	17768
appropriation items and programs referred to as Alignment Programs	17769
in the following paragraph, and other technology-related	17770
appropriations and programs in the Department of Development, Air	17771
Quality Development Authority, and the Board of Regents as those	17772
agencies may designate, to ensure implementation of a coherent	17773
state strategy with respect to science and technology.	17774

To the extent permitted by law, the Air Quality Development	17775
Authority shall assure that coal research and development	17776
programs, proposals, and projects consider or incorporate	17777
appropriate collaborations with Third Frontier Project programs	17778
and grantees and with Alignment Programs and grantees.	17779

"Alignment Programs" means: appropriation items 195-401,	17780
Thomas Edison Program; 898-402, Coal Development Office; 195-422,	17781
Third Frontier Action Fund; 898-604, Coal Research and Development	17782
Fund; 235-433, Economic Growth Challenge; 235-508, Air Force	17783
Institute of Technology; 235-510, Ohio Supercomputer Center;	17784
235-451, Eminent Scholars; 235-527, Ohio Aerospace Institute;	17785
235-535, Ohio Agricultural Research and Development Center;	17786
235-553, Dayton Area Graduate Studies Institute; 235-554,	17787
Priorities in Collaborative Graduate Education; 235-556, Ohio	17788
Academic Resources Network; and 195-435, Biomedical Research and	17789
Technology Transfer Trust.	17790

Consistent with the recommendations of the Governor's	17791
Commission on Higher Education and the Economy, Alignment Programs	17792
shall be managed and administered (1) to build on existing	17793
competitive research strengths, (2) to encourage new and emerging	17794
discoveries and commercialization of ideas and products that will	17795
benefit the Ohio economy, and (3) to assure improved collaboration	17796
among Alignment Programs, with programs administered by the Third	17797
Frontier Commission, and with other state programs that are	17798
intended to improve economic growth and job creation.	17799

As directed by the Third Frontier Commission, Alignment	17800
Program managers shall report to the Commission or to the Third	17801
Frontier Advisory Board on the contributions of their programs to	17802
achieving the objectives stated in the preceding paragraph.	17803

Each alignment program shall be reviewed annually by the	17804
Third Frontier Commission with respect to its development of	17805
complementary relationships within a combined state science and	17806
technology investment portfolio and its overall contribution to	17807
the state's science and technology strategy, including the	17808
adoption of appropriately consistent criteria for: (1) the	17809
scientific merit of activities supported by the program; (2) the	17810
relevance of the program's activities to commercial opportunities	17811
in the private sector; (3) the private sector's involvement in a	17812
process that continually evaluates commercial opportunities to use	17813
the work supported by the program; and (4) the ability of the	17814
program and recipients of grant funding from the program to engage	17815
in activities that are collaborative, complementary, and efficient	17816
with respect to the expenditure of state funds. Each alignment	17817
program shall provide annual reports to the Third Frontier	17818
Commission discussing existing, planned, or possible	17819
collaborations between programs and recipients of grant funding	17820
related to technology, development, commercialization, and	17821
supporting Ohio's economic development. The annual review by the	17822
Third Frontier Commission shall be a comprehensive review of the	17823
entire state science and technology program portfolio rather than	17824
a review of individual programs.	17825

Applicants for Third Frontier and Alignment Program funding	17826
shall identify their requirements for high-performance computing	17827
facilities and services, including both hardware and software, in	17828
all proposals. If an applicant's requirements exceed approximately	17829
$100,000 for a proposal, the Ohio Supercomputer Center shall	17830
convene a panel of experts. The panel shall review the proposal to	17831
determine whether the proposal's requirements can be met through	17832
Ohio Supercomputer Center facilities or through other means and	17833
report its conclusion to the Third Frontier Commission.	17834

To ensure that the state receives the maximum benefit from	17835
its investment in the Third Frontier Project and the Third	17836
Frontier Network, organizations receiving Third Frontier awards	17837
and Alignment Program awards shall, as appropriate, be expected to	17838
have a connection to the Third Frontier Network that enables them	17839
and their collaborators to achieve award objectives through the	17840
Third Frontier Network.	17841

FUTUREGEN ASSISTANCE

17842

The foregoing appropriation item GRF 898-401, FutureGen	17843
Assistance, shall be used to make grants for the drilling of a	17844
test well to assist the state's efforts to secure or support the	17845
development and operation of the United States Department of	17846
Energy FutureGen Initiative pursuant to section 3706.01 of the	17847
Revised Code, as amended by this act.	17848

FUTUREGEN INITIATIVE

17849

The foregoing appropriation item 5DR 898-606, FutureGen	17850
Initiative, shall be used to make grants for the drilling of a	17851
test well to assist the state's efforts to secure or support the	17852
development and operation of the United States Department of	17853
Energy FutureGen Initiative pursuant to section 3706.01 of the	17854
Revised Code, as amended by this act.	17855

Section 405.11. That existing Section 203.27 of Am. Sub. H.B.	17856
66 of the 126th General Assembly, as amended by Sub. H.B. 440 of	17857
the 126th General Assembly, is hereby repealed.	17858

Section 405.16. That Section 209.63 of Am. Sub. H.B. 66 of	17859
the 126th General Assembly, as amended by Sub. H.B. 478 and Am.	17860
Sub. H.B. 530, both of the 126th General Assembly, be amended to	17861
read as follows:	17862

Sec. 209.63.  BOR BOARD OF REGENTS

17863

General Revenue Fund

17864

GRF	235-321		Operating Expenses		$	2,897,659		$	2,966,351 2,991,351		17865
GRF	235-401		Lease Rental Payments		$	200,619,200		$	200,795,300		17866
GRF	235-402		Sea Grants		$	231,925		$	231,925		17867
GRF	235-406		Articulation and Transfer		$	2,900,000		$	2,900,000		17868
GRF	235-408		Midwest Higher Education Compact		$	90,000		$	90,000		17869
GRF	235-409		Information System		$	1,146,510		$	1,175,172		17870
GRF	235-414		State Grants and Scholarship Administration		$	1,352,811		$	1,382,881		17871
GRF	235-415		Jobs Challenge		$	9,348,300		$	9,348,300		17872
GRF	235-417		Ohio Learning Network		$	3,119,496		$	3,119,496		17873
GRF	235-418		Access Challenge		$	73,513,302		$	73,004,671 74,754,671		17874
GRF	235-420		Success Challenge		$	52,601,934		$	52,601,934		17875
GRF	235-428		Appalachian New Economy Partnership		$	1,176,068		$	1,176,068		17876
GRF	235-433		Economic Growth Challenge		$	20,343,097		$	23,186,194		17877
GRF	235-434		College Readiness and Access		$	6,375,975		$	7,655,425		17878
GRF	235-435		Teacher Improvement Initiatives		$	2,697,506		$	2,697,506		17879
GRF	235-451		Eminent Scholars		$	0		$	1,370,988		17880
GRF	235-455		EnterpriseOhio Network		$	1,373,941		$	1,373,941		17881
GRF	235-474		Area Health Education Centers Program Support		$	1,571,756		$	1,571,756		17882
GRF	235-501		State Share of Instruction		$	1,559,096,031		$	1,589,096,031		17883
GRF	235-502		Student Support Services		$	795,790		$	795,790		17884
GRF	235-503		Ohio Instructional Grants		$	121,151,870		$	92,496,969		17885
GRF	235-504		War Orphans Scholarships		$	4,672,321		$	4,672,321		17886
GRF	235-507		OhioLINK		$	6,887,824		$	6,887,824		17887
GRF	235-508		Air Force Institute of Technology		$	1,925,345		$	1,925,345		17888
GRF	235-510		Ohio Supercomputer Center		$	4,271,195		$	4,271,195		17889
GRF	235-511		Cooperative Extension Service		$	25,644,863		$	25,644,863		17890
GRF	235-513		Ohio University Voinovich Center		$	336,082		$	336,082		17891
GRF	235-515		Case Western Reserve University School of Medicine		$	3,011,271		$	3,011,271		17892
GRF	235-518		Capitol Scholarship Program		$	125,000		$	125,000		17893
GRF	235-519		Family Practice		$	4,548,470		$	4,548,470		17894
GRF	235-520		Shawnee State Supplement		$	1,918,830		$	1,822,889 2,056,986		17895
GRF	235-521		The Ohio State University Glenn Institute		$	286,082		$	286,082		17896
GRF	235-524		Police and Fire Protection		$	171,959		$	171,959		17897
GRF	235-525		Geriatric Medicine		$	750,110		$	750,110		17898
GRF	235-526		Primary Care Residencies		$	2,245,688		$	2,245,688		17899
GRF	235-527		Ohio Aerospace Institute		$	1,764,957		$	1,764,957		17900
GRF	235-530		Academic Scholarships		$	7,800,000		$	7,800,000		17901
GRF	235-531		Student Choice Grants		$	50,853,276		$	52,985,376		17902
GRF	235-534		Student Workforce Development Grants		$	2,137,500		$	2,137,500		17903
GRF	235-535		Ohio Agricultural Research and Development Center		$	35,955,188		$	35,955,188		17904
GRF	235-536		The Ohio State University Clinical Teaching		$	13,565,885		$	13,565,885		17905
GRF	235-537		University of Cincinnati Clinical Teaching		$	11,157,756		$	11,157,756		17906
GRF	235-538		University of Toledo Clinical Teaching		$	8,696,866		$	8,696,866		17907
GRF	235-539		Wright State University Clinical Teaching		$	4,225,107		$	4,225,107		17908
GRF	235-540		Ohio University Clinical Teaching		$	4,084,540		$	4,084,540		17909
GRF	235-541		Northeastern Ohio Universities College of Medicine Clinical Teaching		$	4,200,945		$	4,200,945		17910
GRF	235-543		Ohio College of Podiatric Medicine Clinic Subsidy		$	250,000		$	250,000		17911
GRF	235-547		School of International Business		$	450,000		$	450,000		17912
GRF	235-549		Part-time Student Instructional Grants		$	14,457,721		$	10,534,617		17913
GRF	235-552		Capital Component		$	19,059,866		$	19,059,866		17914
GRF	235-553		Dayton Area Graduate Studies Institute		$	2,806,599		$	2,806,599		17915
GRF	235-554		Priorities in Collaborative Graduate Education		$	2,355,548		$	2,355,548		17916
GRF	235-555		Library Depositories		$	1,696,458		$	1,696,458		17917
GRF	235-556		Ohio Academic Resources Network		$	3,727,223		$	3,727,223		17918
GRF	235-558		Long-term Care Research		$	211,047		$	211,047		17919
GRF	235-561		Bowling Green State University Canadian Studies Center		$	100,015		$	100,015		17920
GRF	235-563		Ohio College Opportunity Grant		$	0		$	58,144,139		17921
GRF	235-572		The Ohio State University Clinic Support		$	1,277,019		$	1,277,019		17922
GRF	235-583		Urban University Program		$	4,992,937		$	4,992,937		17923
GRF	235-587		Rural University Projects		$	1,147,889		$	1,147,889		17924
GRF	235-596		Hazardous Materials Program		$	360,435		$	360,435		17925
GRF	235-599		National Guard Scholarship Program		$	15,128,472		$	16,611,063		17926
GRF	235-909		Higher Education General Obligation Debt Service		$	137,600,300		$	152,114,100		17927
TOTAL GRF General Revenue Fund					$	2,469,261,760		$	2,548,148,872 2,550,132,969		17928

General Services Fund Group

17929

220	235-614		Program Approval and Reauthorization		$	400,000		$	400,000		17930
456	235-603		Sales and Services		$	700,000		$	900,000		17931
TOTAL GSF General Services											17932
Fund Group					$	1,100,000		$	1,300,000		17933

Federal Special Revenue Fund Group

17934

3H2	235-608		Human Services Project		$	1,500,000		$	1,500,000		17935
3H2	235-622		Medical Collaboration Network		$	3,346,143		$	3,346,143		17936
3N6	235-605		State Student Incentive Grants		$	2,196,680		$	2,196,680		17937
3T0	235-610		National Health Service Corps - Ohio Loan Repayment		$	150,001		$	150,001		17938
312	235-609		Tech Prep		$	183,850		$	183,850		17939
312	235-611		Gear-up Grant		$	1,370,691		$	1,370,691		17940
312	235-612		Carl D. Perkins Grant/Plan Administration		$	112,960		$	112,960		17941
312	235-615		Professional Development		$	523,129		$	523,129		17942
312	235-617		Improving Teacher Quality Grant		$	2,900,000		$	2,900,000		17943
312	235-619		Ohio Supercomputer Center		$	6,000,000		$	6,000,000		17944
312	235-621		Science Education Network		$	1,686,970		$	1,686,970		17945
312	235-631		Federal Grants		$	250,590		$	250,590		17946
TOTAL FED Federal Special Revenue											17947
Fund Group					$	20,221,014		$	20,221,014		17948

State Special Revenue Fund Group

17949

4E8	235-602		Higher Educational Facility Commission Administration		$	55,000		$	55,000		17950
4P4	235-604		Physician Loan Repayment		$	476,870		$	476,870		17951
649	235-607		The Ohio State University Highway/Transportation Research		$	760,000		$	760,000		17952
682	235-606		Nursing Loan Program		$	893,000		$	893,000		17953
TOTAL SSR State Special Revenue											17954
Fund Group					$	2,184,870		$	2,184,870		17955
TOTAL ALL BUDGET FUND GROUPS					$	2,492,767,644		$	2,571,854,756 2,573,838,853		17956

Section 405.17. That existing Section 209.63 of Am. Sub. H.B.	17958
66 of the 126th General Assembly, as amended by Sub. H.B. 478 and	17959
Am. Sub. H.B. 530, both of the 126th General Assembly, is hereby	17960
repealed.	17961

Section 411.10. That Section 212.30 of Am. Sub. H.B. 66 of	17962
the 126th General Assembly, as amended by Am. Sub. H.B. 530 of the	17963
126th General Assembly, be amended to read as follows:	17964

Sec. 212.30.  DVM STATE VETERINARY MEDICAL BOARD

17965

General Services Fund Group

17966

4K9	888-609		Operating Expenses		$	293,691		$	307,000		17967
5BU	888-602		Veterinary Student Loan Program		$	60,000		$	60,000		17968
TOTAL GSF General Services											17969
Fund Group					$	353,691		$	367,000		17970
TOTAL ALL BUDGET FUND GROUPS					$	353,691		$	367,000		17971

CASH TRANSFER TO VETERINARY STUDENT LOAN PROGRAMVETERINARIAN	17972
LOAN REPAYMENT FUND (FUND 5BU)	17973

On July 1, 2005, or as soon as possible thereafter, the	17974
Director of Budget and Management shall transfer $60,000 in cash	17975
from the Occupational Licensing and Regulatory Fund (Fund 4K9) to	17976
the Veterinary Student Loan ProgramVeterinarian Loan Repayment	17977
Fund (Fund 5BU), which is hereby created in division (B) of	17978
section 4741.46 of the Revised Code. The amount of the transfer is	17979
hereby appropriated.	17980

VETERINARY STUDENT LOAN PROGRAM

17981

The foregoing appropriation item 888-602, Veterinary Student	17982
Loan Program, shall be used by the Veterinary Medical Licensing	17983
Board to implement a student loan repayment program for veterinary	17984
students focusing on large animal populations, public health, or	17985
regulatory veterinary medicine.	17986

Section 411.11. That existing Section 212.30 of Am. Sub. H.B.	17987
66 of the 126th General Assembly, as amended by Am. Sub. H.B. 530	17988
of the 126th General Assembly, is hereby repealed.	17989

Section 415.10. That Sections 243.10 and 287.20 of Am. Sub.	17990
H.B. 530 of the 126th General Assembly be amended to read as	17991
follows:	17992

Sec. 243.10. All items set forth in this section are hereby	17993
appropriated out of any moneys in the state treasury to the credit	17994
of the Cultural and Sports Facilities Building Fund (Fund 030)	17995
that are not otherwise appropriated:	17996

Reappropriations

AFC CULTURAL FACILITIES COMMISSION

17997

CAP-003		Center of Science and Industry - Toledo		$	7,542		17998
CAP-033		Woodward Opera House Renovation		$	1,150,000		17999
CAP-038		Center Exhibit Replacement		$	816,000		18000
CAP-042		Statewide Site Exhibit/Renovation & Construction		$	123,000		18001
CAP-043		Statewide Site Repairs		$	200,100		18002
CAP-046		Cincinnati Museum Center Improvements		$	250,000		18003
CAP-053		Powers Auditorium Improvements		$	250,000		18004
CAP-055		Waco Museum & Aviation Learning Center		$	500,000		18005
CAP-058		Cedar Bog Nature Preserve Education Center		$	766,200		18006
CAP-064		Bramley Historic House		$	75,000		18007
CAP-065		Beck Center for the Cultural Arts		$	100,000		18008
CAP-066		Delaware County Cultural Arts Center		$	40,000		18009
CAP-071		Cleveland Institute of Music		$	1,500,000		18010
CAP-072		West Side Arts Consortium		$	138,000		18011
CAP-073		Ice Arena Development		$	5,500,000		18012
CAP-074		Stan Hywet Hall & Gardens		$	1,000,000		18013
CAP-075		McKinley Museum Improvements		$	125,000		18014
CAP-076		Spring Hill Historic Home		$	125,000		18015
CAP-079		Lorain Palace Civic Theatre		$	200,000		18016
CAP-080		Great Lakes Historical Society		$	150,000		18017
CAP-745		Historic Sites and Museums		$	604,453		18018
CAP-753		Buffington Island State Memorial		$	73,500		18019
CAP-769		Rankin House State Memorial		$	192,000		18020
CAP-781		Historical Center Archives/Library		$	624,000		18021
CAP-784		Ohio Historical Center Rehabilitation		$	1,523,737		18022
CAP-789		Neil Armstrong Air and Space Museum Improvements		$	103,516		18023
CAP-809		Cincinnati Ballet Facility Improvements		$	450,000		18024
CAP-814		Crawford Museum of Transportation & Industry		$	2,500,000		18025
CAP-820		Historical Center Ohio Village Buildings		$	502,000		18026
CAP-821		Lorain County Historical Society		$	300,000		18027
CAP-822		Armory Youth Center		$	40,000		18028
CAP-823		Marion Palace Theatre		$	1,575,000		18029
CAP-824		McConnellsville Opera House		$	75,000		18030
CAP-825		Secrest Auditorium		$	75,000		18031
CAP-826		Renaissance Theatre		$	700,000		18032
CAP-827		Trumpet in the Land		$	100,000		18033
CAP-829		Mid-Ohio Valley Players		$	80,000		18034
CAP-830		The Anchorage		$	50,000		18035
CAP-834		Galion Historic Big Four Depot Restoration		$	170,000		18036
CAP-835		Jamestown Opera House		$	125,000		18037
CAP-837		Lake County Historical Society		$	250,000		18038
CAP-839		Hancock Historical Society		$	75,000		18039
CAP-840		Riversouth Development		$	1,000,000		18040
CAP-841		Ft. Piqua Hotel		$	200,000		18041
CAP-843		Marina District Amphitheatre and Related Development		$	2,000,000		18042
CAP-844		Chas. A. Eulett Education Center/Appalachian Museum		$	1,850,000		18043
CAP-845		Lima Historic Athletic Field		$	100,000		18044
CAP-846		Butler Palace Theatre		$	200,000		18045
CAP-847		Voice Of America Museum		$	275,000		18046
CAP-848		Oxford Arts Center ADA Project		$	72,000		18047
CAP-849		Clark County Community Arts Expansion Project		$	500,000		18048
CAP-850		Westcott House Historic Site		$	75,000		18049
CAP-851		Gen. Lytle Homestead-Harmony Hill		$	50,000		18050
CAP-852		Miami Township Community Amphitheatre		$	50,000		18051
CAP-853		Western Reserve Historical Society		$	1,000,000		18052
CAP-854		Cleveland Steamship Mather Museum		$	100,000		18053
CAP-855		Rock and Roll Hall of Fame		$	250,000		18054
CAP-858		Strongsville Historic Building		$	100,000		18055
CAP-859		Arts Castle		$	100,000		18056
CAP-860		Great Lakes Historical Society		$	325,000		18057
CAP-861		Ohio Glass Museum		$	250,000		18058
CAP-863		Ariel Theatre		$	100,000		18059
CAP-864		Bellbrook/Sugarcreek Historical Society		$	10,000		18060
CAP-867		Ensemble Theatre		$	450,000		18061
CAP-868		Taft Museum		$	500,000		18062
CAP-869		Art Academy of Cincinnati		$	100,000		18063
CAP-870		Riverbend Pavilion Improvements		$	250,000		18064
CAP-871		Cincinnati Art and Technical Academy - Longworth Hall		$	100,000		18065
CAP-872		Music Hall: Over-The-Rhine		$	750,000		18066
CAP-873		John Bloomfield Home Restoration		$	115,000		18067
CAP-874		Malinta Historical Society Caboose Exhibit		$	6,000		18068
CAP-875		Hocking County Historic Society - Schempp House		$	10,000		18069
CAP-876		Art Deco Markay Theatre		$	200,000		18070
CAP-877		Harvey Wells House		$	100,000		18071
CAP-879		Broad Street Historical Renovation		$	300,000		18072
CAP-880		Amherst Historical Society		$	35,000		18073
CAP-881		COSI - Toledo		$	1,580,000		18074
CAP-882		Ohio Theatre - Toledo		$	100,000		18075
CAP-883		Chester Academy Historic Site Renovation		$	25,000		18076
CAP-884		Bradford Ohio Railroad Museum		$	100,000		18077
CAP-885		Montgomery County Historical Society Archives		$	100,000		18078
CAP-886		Nelson T. Gant Historic Homestead		$	25,000		18079
CAP-887		Aurora Outdoor Sports Complex		$	50,000		18080
CAP-888		Preble County Historical Society		$	100,000		18081
CAP-889		Tecumseh Sugarloaf Mountain Amphitheatre		$	120,000		18082
CAP-890		Pro Football Hall of Fame		$	400,000		18083
CAP-891		Maps Air Museum		$	15,000		18084
CAP-892		Foundation Community Theatre		$	50,000		18085
CAP-893		William McKinley Library Restoration		$	250,000		18086
CAP-896		Richard Howe House		$	100,000		18087
CAP-897		Ward-Thomas Museum		$	30,000		18088
CAP-898		Packard Music Hall Renovation Project		$	1,075,000 675,000		18089
CAP-899		Holland Theatre		$	100,000		18090
CAP-900		Van Wert Historical Society		$	32,000		18091
CAP-901		Warren County Historical Society		$	225,000		18092
CAP-902		Marietta Colony Theatre		$	335,000		18093
CAP-903		West Salem Village Opera House		$	92,000		18094
CAP-904		Beavercreek Community Theater		$	100,000		18095
CAP-905		Smith Orr Homestead		$	100,000		18096
Total Cultural Facilities Commission				$	39,831,048 39,431,048		18097
TOTAL Cultural and Sports Facilities Building Fund				$	39,831,048 39,431,048		18098

ICE ARENA DEVELOPMENT

18099

The amount reappropriated for the foregoing appropriation	18100
item CAP-073, Ice Arena Development, is the unencumbered and	18101
unalloted balance, as of June 30, 2006, in appropriation item	18102
CAP-073, Ice Arena Development, which prior to July 1, 2006, was	18103
named "Marina District/Ice Arena Development," plus $2,000,000.	18104

Notwithstanding any provision of law to the contrary, on July	18105
1, 2006, or as soon thereafter as possible, the Director of Budget	18106
and Management shall transfer $2,000,000 from CAP-843, Marina	18107
District Amphitheatre and Related Development, which prior to July	18108
1, 2006, was named "Marina District/Ice Arena Development," to	18109
CAP-073, Ice Arena Development.	18110

The foregoing appropriation item CAP-073, Ice Arena	18111
Development, shall bybe used by the City of ToledoCounty of	18112
Lucas for the development of an ice arena in the City of Toledo.	18113

MARINA DISTRICT AMPHITHEATRE AND RELATED DEVELOPMENT

18114

The amount reappropriated for the foregoing appropriation	18115
item CAP-843, Marina District Amphitheatre and Related	18116
Development, is the unencumbered and unalloted balance, as of June	18117
30, 2006, in appropriation item CAP-843, Marina District	18118
Amphitheatre and Related Development, which prior to July 1, 2006,	18119
was named "Marina District/Ice Arena Development," minus	18120
$2,000,000.	18121

The foregoing appropriation item CAP-843, Marina District	18122
Amphitheatre and Related Development, shall be used by the City of	18123
Toledo for the development of an amphitheatre and related	18124
developments in the Marina District of Toledo.	18125

PACKARD MUSIC HALL RENOVATIONS PROJECT

18126

The amount reappropriated for the foregoing appropriation	18127
item CAP-898, Packard Music Hall Renovation Project, is the	18128
unencumbered and unalloted balance, as of June 30, 2006, in	18129
appropriation item CAP-898, Packard Music Hall Renovation Project,	18130
plus $975,000$575,000 of the unencumbered and unalloted balance,	18131
as of June 30, 2006, in appropriation item CAP-063, Robins Theatre	18132
Renovations.	18133

Sec. 287.20. DMH/DMR - MENTAL HEALTH FACILITY IMPROVEMENT	18134
FUND 033	18135

The Treasurer of State is hereby authorized to issue and	18136
sell, in accordance with SectionSections 2i and 16 of Article	18137
VIII, Ohio Constitution, Chapter 154. and particularly section	18138
154.20 of the Revised Code, original obligations in an aggregate	18139
principal amount not to exceed $5,000,000, in addition to the	18140
original issuance of obligations heretofore authorized by prior	18141
acts of the General Assembly. These authorized obligations shall	18142
be issued and sold from time to time, subject to applicable	18143
constitutional and statutory limitations, as needed to ensure	18144
sufficient moneys to the credit of the Mental Health Facilities	18145
Improvement Fund (Fund 033) to pay costs of capital facilities for	18146
mental hygiene and retardation."	18147

Section 415.11. That existing Sections 243.10 and 287.20 of	18148
Am. Sub. H.B. 530 of the 126th General Assembly are hereby	18149
repealed.	18150

Section 501.10. The item in this section is hereby	18151
appropriated as designated out of any moneys in the state treasury	18152
to the credit of the State Special Revenue Fund Group. For the	18153
appropriation made in this section, that in the first column is	18154
for fiscal year 2006 and that in the second column is for fiscal	18155
year 2007. The appropriation made in this section is in addition	18156
to any other appropriations made for the fiscal years 2006-2007	18157
biennium.	18158

JLE JOINT LEGISLATIVE ETHICS COMMITTEE

18159

State Special Revenue Fund Group

18160

4G7	028-601		Joint Legislative Ethics Committee		$	0		$	100,000		18161
TOTAL SSR State Special Revenue Fund					$	0		$	100,000		18162
TOTAL ALL BUDGET FUND GROUPS					$	0		$	100,000		18163

Within the limits set forth in this act, the Director of	18164
Budget and Management shall establish accounts indicating the	18165
source and amount of funds for the appropriation made in this	18166
section, and shall determine the form and manner in which the	18167
appropriation accounts shall be maintained. Expenditures from the	18168
appropriation contained in this section shall be accounted for as	18169
though made in H.B. 66 of the 126th General Assembly.	18170

The appropriation made in this section is subject to all	18171
provisions of H.B. 66 of the 126th General Assembly that are	18172
generally applicable to such an appropriation.	18173

Section 501.20. Notwithstanding sections 101.02 and 101.27 of	18174
the Revised Code, the members of the Senate elected majority floor	18175
leader, assistant majority floor leader, and majority whip for the	18176
127th General Assembly shall receive an annual salary that is	18177
equal to the annual salary prescribed under section 101.27 of the	18178
Revised Code for the respective members of the House of	18179
Representatives elected majority floor leader, assistant majority	18180
floor leader, and majority whip for the 127th General Assembly.	18181
The compensation specified in this section for the members of the	18182
Senate elected majority floor leader, assistant majority floor	18183
leader, and majority whip for the 127th General Assembly shall,	18184
for the remainder of fiscal year 2007, be paid from the fiscal	18185
year 2007 appropriations made to the Senate.	18186

Section 503.10. OHIO COMMUNITY SERVICE COUNCIL DEPOSIT

18187

On January 1, 2007, or as soon as possible thereafter, the	18188
Director of the Ohio Community Service Council may certify to the	18189
Director of Budget and Management the amount of cash posted to the	18190
Ohio Community Service Council Programs Fund (Fund 3R7) that	18191
should have been deposited to the OCSC Community Support Fund	18192
(Fund 624). The Director of Budget and Management may transfer	18193
cash up to the amount certified from the Ohio Community Service	18194
Council Programs Fund (Fund 3R7) to the OCSC Community Support	18195
Fund (Fund 624).	18196

Section 503.20. The amendments of this act to sections 154.02	18197
and 154.20 of the Revised Code, Section 22.07 of Am. Sub. H.B. 16	18198
of the 126th General Assembly, and Section 287.20 of Am. Sub. H.B.	18199
530 of the 126th General Assembly apply to any proceedings	18200
commenced after the effective date of those amendments, and, so	18201
far as those amendments support the actions taken, also apply to	18202
any proceedings that on that effective date are pending, in	18203
progress, or completed, and to the securities authorized or issued	18204
or obligations entered into under or pursuant to those	18205
proceedings, notwithstanding the applicable law previously in	18206
effect or any provision to the contrary in a prior resolution,	18207
order, notice, or other proceeding. Any proceedings pending or in	18208
progress on the effective date of those amendments, and securities	18209
sold, issued, and delivered, or obligations entered into under or	18210
pursuant to those proceedings, shall be deemed to have been taken,	18211
and authorized, sold, issued, delivered, and entered into, in	18212
conformity with those amendments.	18213

Section 503.21. The Directors of Mental Health and of Mental	18214
Retardation and Developmental Disabilities shall amend any rules	18215
either Director previously adopted pursuant to section 154.20 of	18216
the Revised Code to the extent necessary to conform to the	18217
amendments of this act to sections 154.02 and 154.20 of the	18218
Revised Code, Section 22.07 of Am. Sub. H.B. 16 of the 126th	18219
General Assembly, and Section 287.20 of Am. Sub. H.B. 530 of the	18220
126th General Assembly.	18221

Section 505.10. The amendment by this act to division (C) of	18222
section 2305.26 of the Revised Code applies to liens filed with	18223
the county recorder before, on, or after the effective date of the	18224
amendment.	18225

Section 507.10. TRANSFERS OF FISCAL YEAR 2007 GENERAL REVENUE	18226
FUND ENDING BALANCES	18227

Notwithstanding divisions (B)(1)(b), (B)(2), and (C) of	18228
section 131.44 of the Revised Code, the Director of Budget and	18229
Management may transfer up to $100,000,000 of the fiscal year 2007	18230
General Revenue Fund surplus to the Public School Building Fund	18231
(Fund 021).	18232

Section 507.20. TRANSFER FROM HALF-MILL EQUALIZATION FUND

18233

Notwithstanding division (F) of section 3318.18 of the	18234
Revised Code, between June 1, 2007, and June 30, 2007, the	18235
Director of Budget and Management may transfer up to $60,000,000	18236
in cash from the Half-Mill Equalization Fund (Fund 5BJ) to the	18237
Public School Building Fund (Fund 021).	18238

Section 509.10. HEALTH EMERGENCY FUND

18239

The Health Emergency Fund (Fund 5EC) is hereby created in the	18240
state treasury. The fund may be used by the Department of Health	18241
to purchase vaccines and antiviral drugs to stockpile for pandemic	18242
flu. The Director of Budget and Management, in consultation with	18243
the Director of Health, shall determine the amount of	18244
appropriation needed. The amount so determined is hereby	18245
appropriated. The Director of Budget and Management may transfer	18246
up to $17,500,000 in cash from the General Revenue Fund to the	18247
Health Emergency Fund (Fund 5EC) as needed. The Director of Budget	18248
and Management shall submit a letter to the Governor, the	18249
President and Minority Leader of the Senate, and the Speaker and	18250
Minority Leader of the House of Representatives detailing the cash	18251
transfers.	18252

Section 511.10. TANF INITIATIVES

18253

The Department of Job and Family Services, in accordance with	18254
sections 5101.80 and 5101.801 of the Revised Code, shall take the	18255
steps necessary, through interagency agreements, adoption of	18256
rules, or otherwise as determined by the Department, to implement	18257
and administer the Title IV-A programs identified in this section.	18258

STRENGTHENING FAMILIES INITIATIVE

18259

The Department of Job and Family Services shall use up to $11	18260
million in fiscal year 2007 to reimburse the Governor's Office of	18261
Faith-Based and Community Initiatives (GOFBCI) pursuant to section	18262
5101.801 of the Revised Code for projects that are part of the	18263
Ohio Strengthening Families Initiative.	18264

TANF EDUCATIONAL AWARDS PROGRAM

18265

The Department of Job and Family Services shall use up to $30	18266
million in fiscal year 2007 to reimburse the Ohio Board of Regents	18267
pursuant to section 5101.801 of the Revised Code for initiatives	18268
addressing postsecondary tuition and educational expenses not	18269
covered by other grant programs that target low-income students.	18270

ADOPTION PROMOTION

18271

Up to $5 million shall be used in fiscal year 2007 for TANF	18272
eligible activities pursuant to section 5101.801 of the Revised	18273
Code to provide additional support for initiatives aimed at	18274
increasing the number of adoptions including recruiting,	18275
promoting, and supporting adoptive families.	18276

CHILD CARE SUBSIDY

18277

Up to $15 million shall be used in fiscal year 2007 for the	18278
Title IV-A non-assistance child-care subsidy program pursuant to	18279
section 5101.801 of the Revised Code to help additional needy	18280
working families with the cost of child care.	18281

EARLY LEARNING QUALITY AND AVAILABILITY

18282

Up to $5 million shall be used in fiscal year 2007 for TANF	18283
eligible activities pursuant to section 5101.801 of the Revised	18284
Code to provide additional support to improve the quality and	18285
availability of early learning opportunities, including but not	18286
limit to Step Up to Quality, for low-income working families with	18287
pre-school children.	18288

INDEPENDENT LIVING INITIATIVES

18289

Up to $2.5 million shall be used in fiscal year 2007 for TANF	18290
eligible activities pursuant to section 5101.801 of the Revised	18291
Code to support independent living initiatives, including but not	18292
limited to life-skills training and work supports for older	18293
children in foster care and those who have recently aged-out of	18294
foster care.	18295

HOME ENERGY ASSISTANCE PROGRAM

18296

The Department of Job and Family Services shall use up to $45	18297
million in fiscal year 2007 to reimburse the Ohio Department of	18298
Development pursuant to section 5101.801 of the Revised Code for	18299
allowable expenditures of the Title IV-A Home Energy Assistance	18300
Program during the 2006-2007 HEAP winter heating season.	18301

FOOD BOXES

18302

Up to $1.5 million shall be used in fiscal year 2007 to	18303
reimburse the Ohio network of food banks pursuant to section	18304
5101.801 of the Revised Code for purchase of food boxes for	18305
distribution to TANF eligible families on a one-time basis.	18306

TWO-PARENT OHIO WORKS FIRST CASELOAD

18307

Up to $7 million shall be used in fiscal year 2007 for TANF	18308
eligible activities pursuant to section 5101.801 of the Revised	18309
Code to enhance county operated work and support programs	18310
targeting the two-parent Ohio Works First caseload.	18311

The Department of Job and Family Services shall make TANF	18312
funding available to assist with the programs identified in this	18313
section and provide Title IV-A funds as necessary to implement	18314
these programs. In administering these programs, the state,	18315
county, and private agencies receiving funds from the Department	18316
of Job and Family Services shall comply with the requirements of	18317
the respective interagency agreements, grant agreements, sections	18318
5101.80 and 5101.801 of the Revised Code, Title IV-A of the Social	18319
Security Act, rules adopted by the Department of Job and Family	18320
Services, and other directives from the Department of Job and	18321
Family Services as appropriate.	18322

Section 513.10. FEDERAL JUSTICE PROGRAMS FUNDS

18323

On the effective date of this section, or as soon as possible	18324
thereafter, the Director of Public Safety shall certify the	18325
following to the Director of Budget and Management:	18326

(A) The federal justice program funds to be created in the	18327
accounting system pursuant to the amendment by this act of section	18328
5502.62 of the Revised Code and appropriation items to be created	18329
within those funds.	18330

(B) The amount of cash to be transferred from the Federal	18331
Justice Programs Fund (Fund 3AY) in the Department of Public	18332
Safety to the funds created pursuant to division (A) of this	18333
section.	18334

(C) The amount of appropriation authority to be transferred	18335
from existing appropriation items to the Federal Justice Programs	18336
Fund in the Department of Public Safety to the appropriation items	18337
created pursuant to division (A) of this section.	18338

The Director of Public Safety shall certify only those	18339
amounts required for transfer in order for the department to	18340
comply with the investment earnings retention and distribution	18341
requirements of federal grant awards.	18342

The Director of Budget and Management may create funds in the	18343
accounting system pursuant to section 5502.62 of the Revised Code	18344
upon receiving certification under this section from the Director	18345
of Public Safety. The Director of Budget and Management may	18346
transfer cash and appropriation authority pursuant to the	18347
certification. Any amounts transferred pursuant to the	18348
certification are hereby appropriated.	18349

Section 515.10. Within ninety days after the effective date	18350
of the amendment by this act of section 5709.87 of the Revised	18351
Code, the current owner of record of real property that is subject	18352
to an ongoing exemption previously granted under division	18353
(C)(1)(a) of that section may notify the Tax Commissioner in	18354
writing that the owner elects to discontinue the exemption for the	18355
remainder of its term. Upon receiving such a notification, the	18356
commissioner shall issue an order restoring the property to the	18357
tax list beginning with the year in which the notification was	18358
received.	18359

Section 515.20. It is the intent of the General Assembly that	18360
the amendment to division (P) of section 5739.01 of the Revised	18361
Code is to clarify current law.	18362

Section 520.10. The amendment by this act of sections 133.07,	18363
133.08, 133.20, 307.695, and 5739.09 and the enactment by this act	18364
of section 5709.083 of the Revised Code apply to proceedings	18365
commenced after the effective date of those sections and to any	18366
proceedings commenced or in progress prior to those effective	18367
dates. The authority conferred by those amendments and that	18368
enactment is in addition to, and not in derogation of, any similar	18369
authority conferred by, derived from, or implied by any law, the	18370
Ohio Constitution, a charter, a resolution, or an ordinance. No	18371
inference shall be drawn from those amendments or that enactment	18372
to negate any authority conferred by those sources.	18373

Section 525.10.  (A) Pursuant to section 5911.10 of the	18374
Revised Code, the Governor is hereby authorized to execute a deed	18375
in the name of the state conveying to a buyer or buyers to be	18376
determined in the manner provided in division (C) of this section,	18377
and the buyer's or buyers' successors and assigns or heirs and	18378
assigns, all of the state's right, title, and interest in the	18379
following described parcels of real estate that the Adjutant	18380
General has determined are no longer required for armory or	18381
military purposes:	18382

Ashtabula Township. Ashtabula County. State of Ohio

18383

Situated in Ashtabula Township, Ashtabula County, State of Ohio:

18384

Known as being part of the Holmes Tract, and more particularly	18385
described as follows:	18386

Being a parcel of land lying on the left side of the centerline of	18387
survey for State Route 46, Section 27.06, Ashtabula County, Ohio,	18388
made by the Ohio State Department of Highways, and bounded and	18389
described as follows:	18390

Beginning at a point on grantor's southerly property line 165 feet	18391
left of station 1426/04.53; thence northwesterly to a point 160	18392
feet left of station 1429/00; thence continuing northwesterly	18393
parallel with the centerline of survey to a point 160 feet left of	18394
station 1434/00; Thence westerly to a point 175 feet left of	18395
station 1434/79.63; thence westerly to a point 184 feet left of	18396
station 1435/09, said point being in the centerline of County	18397
Highway No. 25 also known as State Road; thence south 0 degrees	18398
16', west along the centerline of State Road a distance of 290	18399
feet to the southwest corner of land conveyed to grantor by	18400
Theodore E. Warren, Trustee, in deed dated January 2, 1952 and	18401
recorded in the deed records of Ashtabula County in deed record	18402
book 469, page 520; thence south 89 degrees 34' east along	18403
grantor's south property line a distance of 532 feet to an iron	18404
pin; thence south 0 degrees 16' west 140.24 feet to an iron pin;	18405
thence south 89 degrees 34' east a distance of 264 feet to the	18406
point of beginning; and containing 2.21 acres, more or less.	18407

Parcel Number: 03-015-00-003-00

18408

Prior Deed Reference: 46-5630

18409

Howey Road Armory

18410

Situate in the City of Columbus, Franklin County, State of Ohio,	18411
and being more fully described as follows:	18412

Said parcel being a part of 80.202 acres acquired from the	18413
Columbus and Southern Ohio Electric Company, December 7, 1951, and	18414
being recorded in Franklin County, Volume 1704, Page 153.	18415
Beginning at an iron pin located at the intersection of the east	18416
right of way of Hiawatha Park Place and the north property line of	18417
the Ohio State Fairgrounds and the east right of way of the North	18418
Freeway, thence north 86 degrees 43'17" east 737.59 feet along the	18419
north property line of the Ohio State Fairgrounds to a point,	18420
thence south 3 degrees 12'14" west 50 feet to a point, thence	18421
south 86 degrees 43'17" east 50 feet to a point, thence north 3	18422
degrees 12'14" east 50 feet to a point in the north property line	18423
of the Ohio State Fairgrounds, thence south 86 degrees 43'17" east	18424
17.46 feet to the northeast corner of the Ohio State Fairgrounds,	18425
thence south 3 degrees 12'14" west 1145.00 feet along the east	18426
property line of the Ohio State Fairgrounds to a point at the	18427
intersection of the east right of way of the north freeway, thence	18428
south 25 degrees 55'03" east 695.94 feet along the east right of	18429
way of the North Freeway to a point. Thence south 37 degrees	18430
46'42" east 712.00 feet to the point of beginning containing 9.42	18431
acres, more of less.	18432

Mount Vernon

18433

Situated in the state of Ohio, county of Knox, City of Mount	18434
Vernon and more particularly described as being Lots number Three	18435
Hundred Ninety (390), Three Hundred Ninety One (391) and ten feet	18436
of the east side of Lot Number Four Hundred Seven (407), in	18437
Trimble's Addition to Mount Vernon, County of Knox and the State	18438
of Ohio, as the same are marked on the Plat of said Addition in	18439
the Recorder's Office of Knox County, Ohio in J Book, Volume J,	18440
page 123-124.	18441

Springfield

18442

Situated in the State of Ohio, County of Clark, Township of	18443
Springfield, and described as follows:	18444

Being part of the northwest quarter of Section 3. Township 5,	18445
Range 9, and part of the northeast quarter of Section 9, Township	18446
5, Range 9, between the Miami Rivers Survey. Beginning at a point	18447
in the center line of the Laybourne Road, north 85 degrees 27'	18448
west 370.0 feet from the intersection of said centerline with the	18449
center line of State Route 70 (Springfield and Washington C.H.	18450
Road); thence with the center line of the Laybourne Road, north 85	18451
degrees 57" west, 650.0 feet; thence north 29 degrees 46' east,	18452
248.63 feet to a pipe; thence south 80 degrees 332' east 423.24	18453
feet to the place of beginning, containing 3.20 acres.	18454

And, also to use the following described premises in conjunction	18455
with the grantors herein and under the following terms as are	18456
agreed to by the State of Ohio and the Clark County Fair Board.	18457

Beginning at the intersection of the center lines of the Laybourne	18458
Road and State Route 70; thence with the center line of the	18459
Laybourne Road, north 85 degrees 57' west, 370.0 feet; thence	18460
north 35 degrees 33 west 432.24 feet to a pipe; thence north 80	18461
degrees 33' west 134.22 feet to a pipe; thence north 54 degrees	18462
27' east, 380.0 feet; thence with the center line of State Route	18463
70, south 35 degrees 33' east 754.0 feet to the place of	18464
beginning, containing 4.27 acres.	18465

Urbana

18466

The following described property situated in the State of Ohio,	18467
County of Champagne:	18468

Being part of the Southwest Quarter of Section 19, Town 5, Range	18469
12, in Salem Township and bonded and described as follows:	18470
Beginning at a point in the East line of the Southwest Quarter of	18471
said Section 19. said point being 1044.46 feet, North 7 degrees 5	18472
minutes East, from the Southeast corner of the said Southwest	18473
Quarter of Section 19, Town 5, Range 12; thence North 84 degrees	18474
56 minutes West, 875 feet to a stake; thence South 7 degrees 5	18475
minutes West 225 feet to a stake; thence North 84 degrees 56	18476
minutes West, 425.10 feet to a stake; thence North 67 degrees 5	18477
minutes East, 245 feet to a stake; thence South 84 degrees 56	18478
minutes East, 1300.1 feet to a point in the East line of the said	18479
Southwest Quarter of Section 19; thence South 7 degrees 5 minutes	18480
West, along the East line of the said Southwest Quarter of Section	18481
19, 20 feet to the place of beginning, a total area of 2.791	18482
acres. Subject to the rights of the Department of Highways of the	18483
State of Ohio for highway purposes in and to 120.53 feet taken by	18484
parallel lines off the entire East end of the above described	18485
tract and subject also to the rights of the City of Urbana for	18486
highway purposes in and to approximately 79.47 feet off the West	18487
end of 200 feet taken by parallel lines off the entire East end of	18488
the above described tract.	18489

(B) At the request of the Adjutant General, the Director of	18490
Administrative Services, pursuant to the procedures described in	18491
division (C) of this section, shall assist in the sale of any of	18492
the parcels described in division (A) of this section.	18493

(C) The Adjutant General shall appraise the parcels described	18494
in division (A) of this section or have them appraised by one of	18495
more disinterested persons for a fee to be determined by the	18496
Adjutant General, and shall offer the parcels for sale as follows:	18497

(1) The Adjutant General first shall offer a parcel for sale	18498
at its appraised value to the municipal corporation or township in	18499
which it is located.	18500

(2) If, after sixty days, the municipal corporation or	18501
township has not accepted the offer to purchase the parcel at its	18502
appraised value or has accepted the offer but has failed to	18503
complete the purchase, the Adjutant General shall offer the parcel	18504
for sale at its appraised value to the county in which it is	18505
located.	18506

(3) If, after sixty days, the county has not accepted the	18507
offer to purchase the parcel at its appraised value or has	18508
accepted the offer but has failed to complete the purchase, a	18509
public auction shall be held, and the parcel shall be sold to the	18510
highest bidder at a price acceptable to the Adjutant General. The	18511
Adjutant General may reject any and all bids for any reason	18512
whatsoever.	18513

The Adjutant General shall advertise each public auction in a	18514
newspaper of general circulation within the county in which the	18515
parcel is located, once a week for two consecutive weeks before	18516
the date of the auction.	18517

The terms of sale of a parcel at a public auction shall be	18518
payment of ten per cent of the purchase price, as bid by the	18519
highest bidder, in cash, bank draft, or certified check on the	18520
date of sale, with the balance payable within sixty days after the	18521
date of sale. A purchaser who does not timely complete the	18522
conditions of the sale as prescribed in this section shall forfeit	18523
to the state the ten per cent of the purchase price paid on the	18524
date of the sale as liquidated damages.	18525

If the purchase is not completed and the sale is voided, the	18526
Adjutant General may sell the parcel to the second highest bidder	18527
at the public auction held pursuant to this section.	18528

(D) Advertising costs, appraisal fees, and other costs of the	18529
sale of the parcels described in division (A) of this section	18530
shall be paid by the Adjutant General's Department.	18531

(E) Upon the payment of ten per cent of the purchase price of	18532
a parcel described in division (A) of this section in accordance	18533
with division (C)(3) of this section, or upon notice from the	18534
Adjutant General's Department that a parcel of real estate	18535
described in division (A) of this section has been sold to a	18536
municipal corporation, township, or county in accordance with	18537
division (C) of this section, a deed shall be prepared for that	18538
parcel by the Auditor of State, with the assistance of the	18539
Attorney General, be executed by the Governor, countersigned by	18540
the Secretary of State, sealed with the Great Seal of the State,	18541
and presented for recording in the Office of the Auditor of State.	18542
Upon the grantee's payment of the balance of the purchase price,	18543
the deed shall be delivered to the grantee. The grantee shall	18544
present the deed for recording in the office of the county	18545
recorder of the county in which the parcel is located.	18546

(F) The net proceeds of the sales of the parcels described in	18547
division (A) of this section shall be deposited in the State	18548
Treasury to the credit of the Armory Improvements Fund pursuant to	18549
section 5911.10 of the Revised Code.	18550

(G) If a parcel of real estate described in division (A) of	18551
this section is sold to a municipal corporation, township, or	18552
county and that political subdivision sells that parcel within two	18553
years after its purchase, the political subdivision shall pay to	18554
the state, for deposit in the state treasury to the credit of the	18555
Armory Improvements Fund pursuant to section 5911.10 of the	18556
Revised Code, an amount representing one-half of any net profit	18557
derived from that subsequent sale. The net profit shall be	18558
computed by first subtracting the price at which the political	18559
subdivision bought the parcel from the price at which the	18560
political subdivision sold the parcel, and then subtracting from	18561
that remainder the amount of any expenditures the political	18562
subdivision made for improvements to the parcel.	18563

(H) This section expires five years after its effective date.

18564

Section 525.20.  (A) The Governor is hereby authorized to	18565
execute a deed in the name of the state conveying to the City of	18566
Columbus, and its successors and assigns, all of the state's	18567
right, title, and interest in the following described real estate:	18568

Situated in the State of Ohio, County of Franklin, and the City of	18569
Columbus, and being a 0.342 acre tract out of the State of Ohio	18570
original 236.26 acre tract of record in Deed Book 1238, Page 468	18571
of the Recorder's Records, Franklin County, Ohio, said 0.342 acre	18572
tract being more particularly described as follows:	18573

Beginning for reference at the intersection of the	18574
centerlines of North High Street (66 feet wide) and Sunnyside Lane	18575
(50 feet wide);	18576

Thence S 2° 35' 13" W, 214.69 feet, in the centerline of	18577
North High Street, to the Place Of Beginning of said 0.342 acre	18578
tract at the southwesterly corner of the William H. Hadler 1.324	18579
acre Parcel X of record in Instrument #200107130160025 and the	18580
northwesterly corner of said 236.26 acre tract;	18581

Thence S 87° 05' 47" E, 48.00 feet, passing an iron pipe set	18582
at 33.00 feet, in the southerly line of said 1.324 acre tract and	18583
in a northerly line of said 236.26 acre tract, to an iron pipe	18584
set;	18585

Thence S 2° 35' 13" W, 310.59 feet, to an iron pipe set in a	18586
southerly line of said 236.26 acre tract and the northerly line of	18587
the Marjorie H. Bradburn 0.1308 acre tract of record in Official	18588
Record 01835, A-07 of said Recorder's Records;	18589

Thence N 87° 19' 07" W, 48.00 feet, passing an iron pipe set	18590
at 15.00 feet, in the southerly line of said 236.26 acre tract and	18591
in the northerly line of said 0.1308 acre tract, to the centerline	18592
of North High Street;	18593

Thence N 2° 35' 13" E, 310.78 feet, in said centerline, to	18594
the Place of Beginning, containing 0.342 acres (or 14,913 square	18595
feet), more or less.	18596

This description is based on the results of a field survey in	18597
March 2005, by Gary L. Elswick, Professional Surveyor #6395.	18598
Bearings are based on Ohio State Plane, South Zone, NAD83.	18599

Gary L. Elswick, Professional Surveyor #6395, 6/28/05.

18600

(B) Consideration for the conveyance of the real estate	18601
described in division (A) of this section is the purchase price of	18602
ten dollars.	18603

(C) Before the execution of the deed described in division	18604
(D) of this section, possession of the real estate described in	18605
division (A) of this section shall be governed by an existing	18606
interim lease between the Ohio Department of Administrative	18607
Services and the City of Columbus.	18608

(D) Upon payment of the purchase price, the Auditor of State,	18609
with the assistance of the Attorney General, shall prepare a deed	18610
to the real estate described in division (A) of this section. The	18611
deed shall state the consideration. The deed shall be executed by	18612
the Governor in the name of the state, countersigned by the	18613
Secretary of State, sealed with the Great Seal of the state, and	18614
presented for recording in the Office of the Auditor of State. The	18615
City of Columbus shall present the deed for recording in the	18616
office of the Franklin County Recorder.	18617

(E) The City of Columbus shall pay the costs of the	18618
conveyance described in division (A) of this section.	18619

(F) This section expires one year after its effective date.

18620

Section 525.30. (A) The Adjutant General has determined that	18621
the following described properties are no longer needed by the	18622
Ohio National Guard for armory or military purposes. The	18623
reversionary language contained in the deeds for those properties	18624
requires that each property revert back to the grantor if the	18625
property ceases to be used for military purposes. The Adjutant	18626
General is hereby authorized to give proper effect to the	18627
reversionary language in the original deeds.	18628

(B) Deeds to implement division (A) of this section shall be	18629
prepared by the Auditor of State with the assistance of the	18630
Attorney General, executed by the Governor, countersigned by the	18631
Secretary of State, sealed with the Great Seal of the State, and	18632
presented for recording in the Office of the Auditor of State.	18633
Each deed shall be delivered to the original grantor of each	18634
property for recording in the office of the appropriate county	18635
recorder.	18636

(C) The Governor is hereby authorized to execute deeds in the	18637
name of the state, granting all of the state's right, title, and	18638
interest in the following described parcels as indicated to	18639
implement division (A) of this section:	18640

PARCEL 1.

18641

Situated in the City of Mount Vernon, in the County of Knox, and	18642
State of Ohio, to-wit:	18643

commencing at a point at the S. W. Corner of Lot #9 in the C. & G.	18644
Cooper Park Addition and thence west a distance of 130 feet on the	18645
north line of Greenwood Avenue extended; thence in a North	18646
Easterly direction a distance of 152 feet to a point on South line	18647
of 12.5 foot City alley extended, said point being 25 feet west of	18648
the N. W. Corner of Lot #9 of said addition; thence continuing in	18649
a North Easterly direction a distance of 139 feet to a point being	18650
25 feet north of N. E. corner of Lot #10 of said addition on West	18651
line of Elm Street extended north; thence south along west line of	18652
Elm Street extended a distance of 25 feet to a point being the N.	18653
E. corner of Lot #10 of said addition; thence west along the South	18654
line of 12.5 foot City alley extended west, a distance of 115.2	18655
feet to a point being the N. W. corner of Lot #9 in said addition;	18656
thence South along west line of Lot #9 in said addition, a	18657
distance of 124, feet to the point of beginning. Estimated to	18658
contain .26 acres.	18659

PARCEL 2.

18660

Situated in the City of Mount Vernon, in the County of Knox, and	18661
State of Ohio, to-wit:	18662

being Lots #9 and #10 in the C. & G. Cooper Park Addition of the	18663
City of Mount Vernon, Ohio.	18664

Reference is made to Deed Book 198 page 614, Knox County, Ohio	18665
Records.	18666

PARCEL 3.

18667

Situated in the City of Mount Vernon, County of Knox and State of	18668
Ohio, to-wit:	18669

the following real estate, situate City of Mount Vernon, County of	18670
Knox, State of Ohio and being described as follows:	18671

Beginning at an iron stake on the West line of Elm Street	18672
extended, said iron stake bears North 5 deg. 30'East 25.0 feet	18673
from the North East corner of Lot 10 in the C. & G. Cooper Park	18674
Addition and said iron stake also marks the North East corner of	18675
0.26 of an acre parcel conveyed to the State of Ohio in Deed	18676
Volume 199, page 376; Running thence from said beginning point	18677
South 85 deg.-23' West a distance of 142.41 feet to the North West	18678
corner of said 0.26 of an acre parcel; thence North 67 deg.-2.'	18679
East a distance of 159.0 feet to an iron stake on the West line of	18680
Elm Street extended; thence South 5 deg.-30' West a distance of	18681
50.0 feet to the point of beginning, containing 0.08 of an acre,	18682
as surveyed May 21, 1970 by Floyd W. Barnes, Surveyor #3917, Ohio.	18683

Prior Deed recorded Volume 198, page 614, Knox County, Ohio, Deed	18684
Records.	18685

Parcels Nos. 1, 2 and 3 shall revert to the City of Mount Vernon.

18686

PARCEL 4.

18687

Situate in the City of Urbana, Champaign County, Ohio, and being	18688
part of the South-West quarter of Section 19, Town 5, Range 12, in	18689
Salem Township, and bonded and described as follows: Beginning at	18690
a point in the East line of the South-West quarter of Section 19,	18691
Town 5, Range 12; said point being 819.46 feet, North 7 degrees-5	18692
minutes East, from the Southeast Corner of the Southwest quarter	18693
of Section 19, Town 5, Range 12. Thence North 84 degrees, 56	18694
minutes West, 875.00 feet to a stake. Thence North 7 degrees-5	18695
minutes East, 225.00 feet to a stake. Thence South 84 degrees-56	18696
minutes East, 875.00 feet to a point in the East line of the said	18697
Southwest quarter of Section 19, Town 5, Range 12. Thence South 7	18698
degrees -5 minutes West, along the East line 4 of the said	18699
Southwest quarter of Section 19, Town 5, Range 12, 225.00 feet to	18700
the place of beginning. Two hundred feet taken by parallel lines	18701
off the entire East end of the above described tract is reserved	18702
by the City of Urbana for highway purposes, making the area of the	18703
land conveyed equal 3.4844 acres.	18704

Parcel No. 4 shall revert to the City of Urbana.

18705

Section 525.40. (A) The Governor is hereby authorized to	18706
execute a deed in the name of the state conveying to a buyer or	18707
buyers to be determined in the manner provided in division (B) of	18708
this section, and the buyer's or buyers' successors and assigns or	18709
heirs and assigns, all of the state's right, title, and interest	18710
in the following described real estate:	18711

Being a parcel of land situated in the Northwest Quarter of	18712
Section 19 Bath Township, Town 3 South, Range 7 East of Allen	18713
County, Ohio, and more particularly described as follows:	18714

Commencing at a Monument Box at the northwest corner of Section	18715
19; thence South 00 degrees 25 minutes 00 seconds West along the	18716
west line of said quarter section, same also being the centerline	18717
of S.R. 65, a distance of 917.46 feet to a point;	18718

thence South 89 degrees 35 minutes 04 seconds East a distance of	18719
90.00 feet to the northwest corner of said parcel and being the	18720
True Place of Beginning;	18721

thence continuing South 89 degrees 35 minutes 04 seconds East a	18722
distance of 59.96 feet to a point;	18723

thence South 42 degrees 41 minutes 05 seconds East a distance of	18724
310.36 feet to a point;	18725

thence South 00 degrees 27 minutes 40 seconds West a distance of	18726
287.14 feet to a point;	18727

thence North 89 degrees 35 minutes 24 seconds West a distance of	18728
186.94 feet to a point;	18729

thence South 00 degrees 24 minutes 16 seconds West a distance of	18730
26.55 feet to a point;	18731

thence North 89 degrees 33 minutes 37 seconds West a distance of	18732
84.87 feet to a point;	18733

thence North 00 degrees 25 minutes 00 seconds East a distance of	18734
540.28 feet to the Place of Beginning, containing 2.708 acres,	18735
more or less. All Corners are marked with iron Pin /w cap.	18736

Excepting therefrom the following parcel of land owned by the Ohio	18737
Power Company and on which the Department of Transportation has an	18738
ongoing easement. Said Ohio Power land is described as follows:	18739

Commencing at a Monument Box at the northwest corner of Section	18740
19;	18741

thence South 00 degrees 25 minutes 00 seconds West along the west	18742
line of said quarter section, same also being the centerline of	18743
S.R. 65, a distance of 917.46 to a point;	18744

thence South 89 degrees 35 minutes 04 seconds East a distance of	18745
100.08 feet to a point on the northeasterly property line of the	18746
Ohio Power Company, said point being the True Place of Beginning;	18747

thence South 38 degrees 04 minutes 60 seconds East along said	18748
northeasterly property line a distance of 420.66 feet to a point;	18749

thence South 00 degrees 27 minutes 40 seconds West a distance of	18750
160.48 feet to a point on the southwesterly line of the Ohio Power	18751
Company;	18752

thence North 38 degrees 05 minutes 00 seconds West along said	18753
southeasterly property line a distance of 436.65 feet to a point;	18754

thence North 00 degrees 25 minutes 00 seconds East a distance of	18755
147.97 feet to a point;	18756

thence South 89 degrees 35 minutes 04 seconds East a distance of	18757
10.08 feet to the Place of Beginning. Said exception contains	18758
1.001 acres, more or less, leaving a net of 1.707 acres, more or	18759
less.	18760

The above description was provided to the Ohio Department of	18761
Administrative Services by the Ohio Department of Transportation.	18762
Description is from a survey dated April 2, 1990 by Jeffrey L.	18763
Waggamer, Reg. Surveyor S-7125.	18764

(B) The Director of Administrative Services shall offer the	18765
real estate described in division (A) of this section, and the	18766
improvements and chattels located on the real estate, for sale "as	18767
is" in their present condition according to the following process:	18768

(1) The Director of Administrative Services shall offer the	18769
real estate to any state entity expressing an interest in	18770
obtaining the real estate. Any state entity expressing an interest	18771
in the real estate shall obtain occupancy and possession through	18772
execution of a Transfer of Jurisdictional Control Affecting	18773
State-Owned Lands document and thereafter assume operational	18774
control and financial responsibility of the real estate.	18775

(2) If the Director of Administrative Services provides	18776
notice to the Department of Rehabilitation and Correction that no	18777
state entity has expressed an interest in acquiring the real	18778
estate, the Department of Rehabilitation and Correction shall have	18779
the real estate appraised by one or more disinterested persons.	18780

(3) The Director of Administrative Services shall offer the	18781
real estate at the appraised value to the Board of County	18782
Commissioners of Allen County.	18783

(4) If, after thirty days, the Board of County Commissioners	18784
of Allen County has not accepted the offer to purchase the real	18785
estate at the appraised value or has accepted the offer but has	18786
failed to complete the purchase, the Director of Administrative	18787
Services shall offer the real estate at the appraised value to the	18788
City of Lima.	18789

(5) If, after thirty days, the City of Lima has not accepted	18790
the offer to purchase the real estate at its appraised value or	18791
has accepted the offer but has failed to complete the purchase,	18792
the Director of Administrative Services shall offer the real	18793
estate for sale at public auction. The real estate shall be	18794
subject to a minimum bid of not less than two-thirds of the	18795
appraised value.	18796

The terms of sale of the real estate at a public auction	18797
shall be payment of ten per cent of the purchase price in cash,	18798
bank draft, or certified check on the date of sale. A purchaser	18799
who does not timely complete the conditions of the sale as	18800
prescribed in this section shall forfeit to the state the ten per	18801
cent of the purchase price paid on the date of the sale as	18802
liquidated damages.	18803

If the purchase is not completed and the public auction sale	18804
is voided, the Director of Administrative Services shall hold a	18805
second public auction, and the real estate shall be sold to the	18806
highest bidder at a price acceptable to the Director of	18807
Administrative Services and the Director of Rehabilitation and	18808
Correction.	18809

If, after a second public auction, the purchase is not	18810
completed and the sale is voided, the Director of Administrative	18811
Services may sell the real estate to the second highest bidder at	18812
the second public auction.	18813

The Director of Administrative Services shall advertise each	18814
public auction in a newspaper of general circulation within Allen	18815
County, once a week for two consecutive weeks before the date of	18816
the auction. The Director of Administrative Services may reject	18817
any and all bids at any auction for any reason whatsoever.	18818

(C) Advertising costs, appraisal fees, and other costs of the	18819
sale of the real estate described in division (A) of this section	18820
shall be paid by the Department of Rehabilitation and Correction.	18821

(D) The real estate described in division (A) of this section	18822
shall be sold as an entire tract and not be subdivided.	18823

(E) Upon the payment of ten per cent of the purchase price of	18824
the real estate described in division (A) of this section in	18825
accordance with division (B)(5) of this section, or upon notice	18826
from the Director of Administrative Services that the real estate	18827
described in division (A) of this section has been sold to a state	18828
entity, to the Board of County Commissioners of Allen County, or	18829
to the City of Lima in accordance with division (B) of this	18830
section, the Auditor of State, with the assistance of the Attorney	18831
General, shall prepare a deed to the real estate described in	18832
division (A) of this section. The deed shall state the	18833
consideration. The deed shall be executed by the Governor in the	18834
name of the state, countersigned by the Secretary of State, sealed	18835
with the Great Seal of the State, and presented for recording in	18836
the Office of the Auditor of State. Upon the grantee's payment of	18837
the balance of the purchase price, the deed shall be delivered to	18838
the grantee. The grantee shall present the deed for recording in	18839
the Office of the Allen County Recorder.	18840

(F) This section expires three years after its effective	18841
date.	18842

Section 525.50. (A) The Governor is hereby authorized to	18843
execute a deed in the name of the state conveying to O'Bleness	18844
Memorial Hospital, and its successors and assigns, all of the	18845
state's right, title, and interest in the following described real	18846
estate:	18847

Situated in the City of Athens, County of Athens, State of Ohio,	18848
and being a part of Section 15, Township 9N, Range 14W, of the	18849
Ohio River Survey, also being a part of Outlot 91 & Outlot 95 of	18850
the City of Athens, and being more particularly described as	18851
follows;	18852

Being a Survey of a part of a parcel conveyed to Ohio Department	18853
of Mental Health, as recorded in Deed Volume 145, Page 638, in the	18854
Athens County Deed Records, and further described as follows;	18855

Commencing at a chiseled 'x' in a concrete sidewalk on the South	18856
Right of Way Line of West Union Street (66' wide), also being the	18857
Northeast corner of Outlot 91, and being the Northeast corner of a	18858
20.169 acre parcel conveyed to Sheltering Arms Hospital	18859
Foundation, Inc., as recorded in Deed Volume 277, Page 648;	18860

Thence, N 84°44'00" W 90.00 feet with the South Right of Way Line	18861
of West Union Street, to a 5/8" o.d. iron pin found marking the	18862
Northeast corner of said parcel conveyed to Ohio Department of	18863
Mental Health of which this description is a part, the same being	18864
the Northwest corner of said 20.169 acre parcel conveyed to	18865
Sheltering Arms Hospital Foundation, Inc.;	18866

Thence, S 05°03'01" W 324.47 feet leaving West Union Street with	18867
the East line of said parcel conveyed to Ohio Department of Mental	18868
Health of which this description is a part, the same being the	18869
West line of said parcel conveyed to Sheltering Arms Hospital	18870
Foundation, Inc., to an iron pin set at the back of curb, and	18871
being the PRINCIPLE PLACE OF BEGINNING of the 1.669 Acre parcel	18872
herein to be described;	18873

Thence, S 05°03'01" W 825.10 feet continuing with said common	18874
boundary line between Ohio Department of Mental Health and	18875
Sheltering Arms Hospital Foundation, Inc., to a 5/8" o.d. iron pin	18876
found;	18877

Thence with a line across said parcel conveyed to Ohio Department	18878
of Mental Health of which this description is a part, with the	18879
following five (5) courses and distances:	18880

1) N 64°00'00" W 96.03 feet to an iron pin set;

18881

2) N 05°03'01" E 786.50 feet to an iron pin set at the back of	18882
curb;	18883

3) N 80°04'57" E 37.84 feet to an angle point;

18884

4) S 82°16'19" E 42.95 feet to an angle point;

18885

5) S 66°00'59" E 10.80 feet to the PRINCIPLE PLACE OF BEGINNING.

18886

Said parcel as surveyed contains 1.669 Acres, more or less, and	18887
subject to all legal easements, restrictions, and covenants of	18888
record. Bearings of the above description are based on the South	18889
Right of Way Line of West Union Street (66' Wide), as being N	18890
84°44'00" W, and is an assumed Meridian used to denote angles	18891
only. Scott A. England P.S. Ohio Registered Surveyor #7452	18892

(B) Consideration for the conveyance of the real estate	18893
described in division (A) of this section is $340,000.00, and	18894
shall be paid to the state according to the following schedule as	18895
derived by mutual agreement reached between the state and	18896
O'Bleness Memorial Hospital through an executed Offer to Purchase:	18897

(1) O'Bleness Memorial Hospital shall tender a cashier's or	18898
bank check, made payable to the state, in the amount of	18899
$100,000.00 at the time of closing.	18900

(2) The value of the balance of the purchase price shall be	18901
credited to the state of Ohio, Department of Mental Health, to	18902
offset the cost of services provided by O'Bleness Memorial	18903
Hospital to the Department of Mental Health, as agreed to in a	18904
"Shared Services Agreement" executed by the parties.	18905

(C) The real estate described in division (A) of this section	18906
shall be sold as an entire tract and not in parcels.	18907

(D) Before the execution of the deed described in division	18908
(E) of this section, possession of the real estate described in	18909
division (A) of this section shall be governed by an existing	18910
interim lease between the Ohio Department of Administrative	18911
Services and O'Bleness Memorial Hospital.	18912

(E) Upon payment of $100,000.00, the Auditor of State, with	18913
the assistance of the Attorney General, shall prepare a deed to	18914
the real estate described in division (A) of this section. The	18915
deed shall state the consideration. The deed shall be executed by	18916
the Governor in the name of the state, countersigned by the	18917
Secretary of State, sealed with the Great Seal of the State, and	18918
presented for recording in the Office of the Auditor of State.	18919
O'Bleness Memorial Hospital shall present the deed for recording	18920
in the Office of the Athens County Recorder.	18921

(F) O'Bleness Memorial Hospital shall pay the costs of the	18922
conveyance described in division (A) of this section.	18923

(G) This section expires one year after its effective date.

18924

Section 525.60. (A) The Governor is hereby authorized to	18925
execute a deed in the name of the state conveying to the City of	18926
Columbus, and its successors and assigns, all of the state's	18927
right, title, and interest in the following described real estate:	18928

Situated in the State of Ohio, County of Franklin, City of	18929
Columbus, Survey No. 1393 of the Virginia Military District, Lot 4	18930
through Lot 16 of George W. Sinks Subdivision of record in Plat	18931
Book 5, Page 198, and being part of those 0.098 acre and 1.966	18932
acre tracts shown in the deed to The State of Ohio of record in	18933
Instrument Number 200104200083861 (all references refer to the	18934
records of the Recorder's Office, Franklin County, Ohio) and	18935
described as follows	18936

Beginning, for reference, at the centerline intersection of	18937
McKinley Avenue with Yale Avenue;	18938

thence North 85° 54' 05" West, with the centerline of said	18939
McKinley Avenue, 25.00 feet,	18940

thence South 04° 05' 55" West, leaving said centerline, 30.00 feet	18941
to an iron pin set at the northeasterly corner of said 1 966 acre	18942
tract, the intersection of the southerly right-of-way line for	18943
McKinley Avenue with the westerly right-of-way line for Yale	18944
Avenue, the true Point of Beginning;	18945

thence South 04° 05' 55" West, with said westerly right-of-way	18946
line, 5.00 feet to an iron pin set;	18947

thence North 85° 54' 05" West, across said 0.098 acre and 1.966	18948
acre tracts, 395.23 feet to an iron pin set in the westerly line	18949
of said 0.098 acre tract and the easterly line of that tract	18950
conveyed to General Maintenance & Engineering Co. of record in	18951
Official Record 34267B19,	18952

thence North 04° 05' 55" East, with said westerly and easterly	18953
line, 5.00 feet to an iron pin set at a common corner thereof, in	18954
said southerly right-of-way line;	18955

thence South 85° 54' 05" East, with said southerly right-of-way	18956
line, passing a 3/4 inch iron pin found at 231.27 feet, 395.23	18957
feet to the True Point of Beginning. Containing 0.045 acre, more	18958
or less, from Auditor's Parcel No. 010-180286.	18959

Subject, however, to all legal rights-of-way and/or easements, if	18960
any, of previous record.	18961

Iron pins set, where indicated, are iron pipes, thirteen	18962
sixteenths (13/16) inch inside diameter, thirty (30) inches long	18963
with a plastic plug placed in the top bearing the initials EMHT	18964
INC.	18965

This description was prepared through the use of existing records	18966
and an actual field survey performed in May 2000 and October 2003.	18967

Bearings are based on the coordinate location of monuments COC	18968
17-83 and COC 18-83. A bearing of North 87° 22' 38" West was held	18969
between said monuments.	18970

(B) Consideration for the conveyance of the real estate	18971
described in division (A) of this section is the purchase price of	18972
$910.00.	18973

(C) The real estate described in division (A) of this section	18974
shall be sold as an entire tract and not in parcels.	18975

(D) Before the execution of the deed described in division	18976
(E) of this section, possession of the real estate described in	18977
division (A) of this section shall be governed by an existing	18978
interim lease between the Ohio Department of Administrative	18979
Services and the City of Columbus.	18980

(E) Upon payment of the purchase price, the Auditor of State,	18981
with the assistance of the Attorney General, shall prepare a deed	18982
to the real estate described in division (A) of this section. The	18983
deed shall state the consideration. The deed shall be executed by	18984
the Governor in the name of the state, countersigned by the	18985
Secretary of State, sealed with the Great Seal of the State, and	18986
presented for recording in the Office of the Auditor of State. The	18987
City of Columbus shall present the deed for recording in the	18988
Office of the Franklin County Recorder.	18989

(F) The City of Columbus shall pay the costs of the	18990
conveyance described in division (A) of this section.	18991

(G) The net proceeds of the sale of the real estate described	18992
in division (A) of this section shall be deposited in the state	18993
treasury to the credit of the Department of Rehabilitation and	18994
Corrections Fund 148 Services and Agricultural Fund (Appropriation	18995
Line Item 501-602) and shall be used to offset the loss of the	18996
Department's agricultural croplands.	18997

(H) This section expires one year after its effective date.

18998

Section 525.70. (A) The Governor is hereby authorized to	18999
execute a deed in the name of the state conveying to the Warren	19000
County Historical Society, and its successors and assigns, all of	19001
the state's right, title, and interest in the following described	19002
real estate:	19003

Parcel A

19004

Situate in the County of Warren, State of Ohio, and in the Village	19005
of Lebanon and being part of Section number five (5) Town four (4)	19006
Range three (3) bounded and further described as follows:	19007

Beginning at an iron pin in the east line of a tract of land	19008
belonging to Albert French 3.46 chains from the southeast corner	19009
of said French's tract of land and northwest corner to a tract of	19010
land conveyed by Herschel I. Fisher to W. F. Eltzroth;	19011

thence with said French's line N. 4° 30' E. 1.98 chains to a	19012
stone;	19013

thence with another line of said French N. 6° 0'E. 7.17 chains to	19014
an iron pin in the Lebanon and Cincinnati pike (north side) and	19015
northeast corner to said French's tract;	19016

thence S. 68° 41' E. 1.73 chains to a point in Turtlecreek which	19017
point is 5 feet 8 inches north of a concrete retaining wall;	19018

thence S. 58° 0' E. 0.71 chains to a point 2 feet 6 inches south	19019
of a stone wall;	19020

thence S. 83° 45' E. 2.27 chains to a point 6 inches north of the	19021
east end of said stone wall, and corner to a tract of land now	19022
owned by the Village of Lebanon;	19023

thence with the line of said last mentioned tract and with the	19024
west line of Mary C. Martin's tract S. 6° 0' W. 6.31 chains to a	19025
post, being the southwest corner of said Mary C. Martin's tract	19026
and in north line of Milton Keever's lot;	19027

thence with said Keever's line N. 83° 30'W. 0.70 chains to a stake	19028
at the end of a hedge, being the northwest corner of said Keever's	19029
lot;	19030

thence with said hedge and with the west line of said Keever and	19031
W. F. Eltzroth S. 6° 0' W. 1.98 chains to an iron pin in the west	19032
line of W. F. Eltzroth and being the northeast corner to a tract	19033
of land conveyed by Herschel I. Fisher to the said W. F. Eltzroth;	19034

thence N. 83° 30' W. 3.76 chains to the place of beginning	19035
containing 3.75 acres. And being the north part of the tract of	19036
5.05 acres conveyed to Herschel I. Fisher by Samuel W. Probasco by	19037
deed dated August 30, 1905 recorded in Vol. 87 page 507, Warren	19038
County Deed Records.	19039

Together with the rights granted and reserved to Ladora S. Owens,	19040
her heirs and assigns in a certain deed to W. F. Eltzroth, dated	19041
September 23, 1905 and recorded in Vol. 87 page 509 which is as	19042
follows:	19043

The said Ladora S. Owens, her heirs an assigns, is to have the	19044
right to use as a means of ingress and egress to and from said	19045
premises hereby conveyed to her, from and to Orchard Avenue, a	19046
strip of ground 20 feet wide by about 228 feet in length on and	19047
along the east side of the property heretofore conveyed to W. F.	19048
Eltzroth, said strip being a part of the property formerly	19049
conveyed to W. F. Eltzroth as aforesaid, said use however, not to	19050
be exclusive but in conjunction with W. F. Eltzroth and his heirs	19051
and assigns.	19052

This conveyance is made to the State of Ohio solely and	19053
exclusively for museum purposes and to be used for the collection	19054
and preservation of every variety of material illustrative of the	19055
history of this county and of this region, including letters,	19056
diaries, journals, memoranda, pioneer reminiscences, newspapers;	19057
account books, school and church registers, commemorative	19058
addresses, genealogies, biographies, photographs, pictures,	19059
paintings, aboriginal relics, material objects illustrating the	19060
life of pioneers, maps, histories, records, furniture, clothing,	19061
etc. Said museum shall be known as "The Warren County Museum"."	19062

Excepting from said Parcel A the following Parcel B:

19063

Parcel B

19064

Situate in the State of Ohio, Warren County and Village of	19065
Lebanon, being a part of Section 5, Township 4 East, Range 3	19066
North, Between the Miami Rivers Survey, being a parcel of land on	19067
the South side of a centerline survey made by the Ohio Department	19068
of Transportation as shown on right-of-way sheet No. 10/28 and	19069
labeled 08548 (0) 5 Ohio BRF-10(73)/Warren-42-10.43, also being a	19070
parcel out of those lands conveyed to the State of Ohio (Ohio	19071
Historical Society) by Deed of Record in Deed Book 162, Page 292,	19072
Recorder's Office, Warren County, Ohio, being a channel easement	19073
across those state owned lands known as the "Glendower Museum",	19074
said easement being more particularly described as follows:	19075

Beginning at an iron pin found at grantor's northwest corner, said	19076
point also being located in an east line of a tract of land	19077
conveyed to Gerald Miller by deed recorded in Official Record 308,	19078
page 181 of the Deed Records of Warren County, Ohio, said point	19079
also being locate forty five and 42/100 (45.42) feet right of	19080
station 5 + 18.04 on the above described centerline of survey;	19081

thence along grantor's north line and Miller's east line and its	19082
eastward extension, South sixty-eight degrees, forty-two minutes	19083
forty-six seconds (68°42'46") East for eighty-nine and 76/100	19084
(89.76) feet to the TRUE POINT OF BEGINNING, said point being	19085
located eighty and 90/100 (80.90) feet right of station 6 + 00.48	19086
on the above described centerline of survey;	19087

thence continuing along grantor's north line, South sixty-eight	19088
degrees forty-two minutes forty-six seconds (68°42' 46") East for	19089
twenty-four and 43/100 (24.43) feet to the west corner of Lot 7 of	19090
Spencer's Subdivision of Lebanon, Ohio as recorded in Plat Book 2,	19091
page 177 of the Plat Records of Warren County, Ohio;	19092

thence continuing along grantor's north line and the south line of	19093
said Lot 7, North fifty-seven degrees, one minute forty-six	19094
seconds (57°01' 46") East for twenty-seven and 00/100 (27.00)	19095
feet;	19096

thence leaving grantor's north line and the south line of said Lot	19097
7, North eighty-five degrees thirty-seven minutes fifty-six	19098
seconds (85°37'56") West for seven and 66/100 (7.66) feet to the	19099
inside face of an existing concrete retaining wall;	19100

thence along the inside face of said concrete retaining wall,	19101
North sixty-four degrees forty-nine minutes fifty-seven seconds	19102
(64°49' 57") West for thirty and 69/100 (30.69) feet;	19103

thence continuing along the inside face of said retaining wall	19104
North forty-five degrees, twelve minutes seventeen seconds (45°12'	19105
17") West for fourteen and 09/100 (14.09) fee to the TRUE POINT OF	19106
BEGINNING.	19107

This description is based on field surveys made by Woolpert	19108
Consultants in April, 1986 and May, 1987, under the direction of	19109
Daryl L. Wells, Ohio Registered Surveyor Number 6932.	19110

It is understood that the strip of land above described contains	19111
0.005 acres, more or less, inclusive of the present road occupies	19112
-0- acres, more or less.	19113

The aforegoing is recited from a description submitted by the Ohio	19114
Department of Transportation to the Ohio Department of	19115
Administrative Services, Division of Public Works. Further	19116
reference is made to File No. 4953 on file in the offices of the	19117
Ohio Department of Administrative Services, General Services	19118
Division, Real Estate Services, 4200 Surface Road, Columbus, Ohio	19119
43228-1395.	19120

And, also conveying the following described Parcel C:

19121

Parcel C

19122

Situated in the State of Ohio, County of Warren, and in the	19123
Village of Lebanon, being part of Section 5, T. 4, R. 3, and being	19124
bounded as described as follows:	19125

Beginning at a point in the north line of Orchard Avenue and at	19126
the west line of a 20 foot lane,	19127

thence with said lane N.5° 02' E. 218.36 feet to the South Line of	19128
the Museum property,	19129

thence N. 84° 24'W. 6 feet to a stone,

19130

thence S. 5° 02'E. (passing an iron pin at 66.36 feet), 218.36	19131
feet to a stone,	19132

thence S. 84° 24'E. 6 feet to the place of beginning, containing	19133
.030 acres;	19134

with full rights to use and improve the entire area as an entrance	19135
or driveway, but excepting the title to two portions of the above	19136
described strip of land at approximately the north end and the	19137
middle portions thereof and each of twenty foot length, which, as	19138
follows, are made subject to the following reservations which are	19139
reserved by the grantor for the benefit of herself and her heirs	19140
and assigns, to-wit:	19141

1. The right to cross on foot or with vehicles, the real estate	19142
hereinbefore described on and over a strip 20 feet long from South	19143
to North, and commencing 86 feet North of the South East corner of	19144
the above described real estate. Said grantor, for herself, her	19145
heirs, and assigns, reserving the right of ingress and egress	19146
thereover, from the remainder of grantor's property (lying west of	19147
the above described real estate) to the drive or "20 foot lane"	19148
mentioned in the foregoing description, so that she, her heirs and	19149
assigns, may be able to travel from the remainder of her property	19150
to said drive or lane, and over said drive or lane, and that	19151
persons desiring to enter on the remainder of grantor's premises	19152
above mentioned may travel over said drive and the said 20 foot	19153
strip above mentioned.	19154

2. The right to cross on foot or with vehicles, the real estate	19155
hereinbefore described on and over a strip 20 feet long running	19156
from North to South and commencing 8 feet South of the Northeast	19157
corner of the above described real estate. Said grantor, for	19158
herself, her heirs, and assigns, reserving the right of ingress	19159
and egress thereover, from the remainder of grantor's property	19160
(lying west of the above described real estate) to the drive or	19161
"20 foot lane" mentioned in the foregoing description, so that	19162
she, her heirs and assigns, may be able to travel from the	19163
remainder of her property to said drive or lane, and over said	19164
drive or lane, and that persons desiring to enter on the remainder	19165
of grantor's premises above mentioned may travel over said drive	19166
and the said 20 foot strip above mentioned.	19167

(B) Consideration for the conveyance of the real estate	19168
described in division (A) of this section is $10.00.	19169

(C) The conveyance of the real estate described in division	19170
(A) of this section is subject to the following conditions and	19171
restrictions:	19172

(1) The Ohio Historical Society, acknowledging the need for	19173
specific capital improvements to the real estate before its	19174
conveyance, shall make full payment for the specific capital	19175
improvements to the Glendower State Memorial (the structure on the	19176
real estate) and its premises, as listed in the Offer to Purchase	19177
Real Estate executed by the Warren County Historical Society, the	19178
Director of Administrative Services, and the Ohio Historical	19179
Society in December 2005. These improvements include replacing the	19180
roof of the structure, painting of wood trim on the structure, and	19181
correcting site drainage problems, including replacing the gas and	19182
water lines.	19183

(2) The Warren County Historical Society shall undertake all	19184
future rehabilitation work and maintain the historic structure	19185
located on the premises in accordance with the "Secretary of the	19186
Interior's Standards for Rehabilitation" as published by the	19187
Department of the Interior.	19188

(3) The Warren County Historical Society shall agree that no	19189
demolition, alterations, or physical or structural changes shall	19190
be made to the architecturally and historically significant	19191
interior or exterior features of the historic structure on the	19192
premises or to the coloring or surfacing of the exterior of the	19193
structure without prior written approval of the Ohio Historic	19194
Society, acting through the Ohio Historic Preservation Office.	19195
Ordinary and necessary repairs and maintenance not materially	19196
affecting the features shall not be considered demolition,	19197
alterations, or physical or structural changes. This restriction	19198
shall be construed to preserve and protect the qualities that	19199
caused the property to be listed on the National Register of	19200
Historic Places.	19201

(4) The Ohio Historical Society shall reserve the right to	19202
inspect the premises at all reasonable times in order to ascertain	19203
compliance with the described restrictions.	19204

(5) The Ohio Historical Society shall be deemed beneficiary	19205
of the described restrictions without regard to whether it is the	19206
owner of any land or interest in land in the vicinity of the	19207
premises and shall have the right to enforce the described	19208
restrictions in any court of competent jurisdiction.	19209

(6) The Ohio Historical Society for good cause, as determined	19210
in its sole discretion, may modify or cancel any of the described	19211
restrictions upon receipt of a written application to the Society	19212
of a request to do so.	19213

(7) The Warren County Historical Society agrees to lease the	19214
premises to the Ohio Cultural Facilities Commission, to enter into	19215
a management agreement with the Ohio Cultural Facilities	19216
Commission for the duration of the term of the lease, and to enter	19217
into a cooperative use agreement with the Ohio Cultural Facilities	19218
Commission.	19219

(D) The real estate described in division (A) of this section	19220
shall be sold as an entire tract and not be subdivided.	19221

(E) Upon payment of the purchase price, the Auditor of State,	19222
with the assistance of the Attorney General, shall prepare a deed	19223
to the real estate described in division (A) of this section. The	19224
deed shall state the consideration, restrictions, and conditions.	19225
The deed shall be executed by the Governor in the name of the	19226
state, countersigned by the Secretary of State, sealed with the	19227
Great Seal of the State, and presented for recording in the Office	19228
of the Auditor of State. The Warren County Historical Society	19229
shall present the deed for recording in the Office of the Warren	19230
County Recorder.	19231

(F) The Warren County Historical Society shall pay the costs	19232
of the conveyance described in division (A) of this section.	19233

(G) This section expires one year after its effective date.

19234

Section 525.80. (A) The Governor is hereby authorized to	19235
execute a deed in the name of the state conveying to the City of	19236
Columbus, and its successors and assigns, all of the state's	19237
right, title, and interest in the following described real estate:	19238

PARCEL 1-WD (4.662 Ac.)

19239

LANE AVENUE

19240

Situated in the State of Ohio, County of Franklin, City of	19241
Columbus, Section 3, Township 1, Range 18, United States Military	19242
Lands, and being a part of lands owned by the State of Ohio (The	19243
Ohio State University), said lands also being described in the	19244
following 8 documents of record:	19245

1. 69 acre tract described in Deed Book 616, Page 399

19246

2. 5.04 acre tract (part of Lot 278 - PB 2 Pg. 203) described in	19247
Deed Book 641, Page 242	19248

3. Tuttle Park Place (Doe Alley) vacated by Ordinance No. 919-75

19249

4. Lots 211 through 252, inclusive, of R.P. Woodruff's	19250
Agricultural Addition, P.B. 2, Pg. 203	19251

5. Neil Avenue vacated by Ordinance No. 919-75

19252

6. Peasley Street Vacated by Ordinance No. 179-66

19253

7. OSU North Urban Renewal, Plat 1, Plat Book 37, Page 56

19254

8. OSU North Urban Renewal, Plat 2, Plat Book 38, Page 94

19255

All records are on file in the Recorder's Office, Franklin County,	19256
Ohio, unless otherwise noted, all stations and offsets reference	19257
the Centerline Survey Plat of Lane Avenue prepared by ms	19258
consultants, inc. for the City of Columbus, said Parcel 1-WD being	19259
more particularly described as follows:	19260

Beginning at a point at the centerline intersection of Olentangy	19261
River Road and West Lane Avenue, being at Centerline Station	19262
50+00.00 (Olentangy River Road Centerline Station 120+00.00);	19263

Thence North 14°30'28" East, along the centerline of Olentangy	19264
River Road, a distance of 87.57 feet to a point, being at	19265
Centerline Station 120+87.57;	19266

Thence South 75°29'32" East, a distance of 64.93 feet to a point	19267
on an easterly line of Olentangy River Road, being 64.93 feet	19268
right of Station 120+87.57 (75.05 feet left of West Lane Avenue	19269
Station 50+79.55);	19270

Thence South 59°28'15" East, within said 69 acre tract, a distance	19271
of 22.58 feet to a point, being 65.00 feet left of Station	19272
51+00.00;	19273

Thence North 51°33'30" East, continuing within said 69 acre tract,	19274
a distance of 66.93 feet to a point, being 110.00 feet left of	19275
Station 51+50.00;	19276

Thence South 86°18'28" East, continuing within said 69 acre tract,	19277
a distance of 279.96 feet to a point in the centerline of the	19278
Olentangy River, in the westerly line of a 1.80 acre tract	19279
described in a deed to the City of Columbus of record in Deed Book	19280
3382, Page 600, being 110.00 feet left of Station 54+29.96;	19281

Thence South 40°12'42" West, along the westerly line of said 1.80	19282
acre tract, the centerline of the Olentangy River, with the	19283
meanders thereof, a distance of 108.57 feet to a point at the	19284
southwest corner of said 1.80 acre tract, in the centerline of	19285
existing right of way of West Lane Avenue, being 22.75 feet left	19286
of Station 53+65.35	19287

Thence South 3°42'42" West, along the centerline of the Olentangy	19288
River, with the meanders thereof, a distance of 30.00 feet to a	19289
point on the southerly line of West Lane Avenue, at the northwest	19290
corner of said 5.04 acre tract, being 7.25 feet right of Station	19291
53+65.34;	19292

Thence South 86°17'18" East, along a southerly line of West Lane	19293
Avenue, a northerly line of said 5.04 acre tract, a distance of	19294
1419.55 feet to a point at the northeast corner of said 5.04 acre	19295
tract, on the westerly line of Tuttle Park Place, being 18.57 feet	19296
right of Station 67+85.02;	19297

Thence South 03°42'42" West, along the easterly line of said 5.04	19298
acre tract, the westerly line of Tuttle Park Place, a distance of	19299
20.00 feet to a point, being 38.57 feet right of Station 67+85.00;	19300

Thence South 86°17'18" East, along the northerly line of Tuttle	19301
Park Place as vacated by said Ordinance No. 919-75, a distance of	19302
60.00 feet to a point on the easterly line of Tuttle Park Place,	19303
the westerly line of Lot 211 of said R.P. Woodruff's Agricultural	19304
Addition, being 38.63 feet right of Station 68+45.00;	19305

Thence North 03°42'42" East, along the easterly line of Tuttle	19306
Park Place, the westerly line of said Lot 211, a distance of 20.00	19307
feet to a point at the northwest corner of said Lot 211, on the	19308
southerly line of West Lane Avenue, being 18.63 feet right of	19309
Station 68+45.02;	19310

Thence South 86°17'18" East, along the southerly line of West Lane	19311
Avenue, the northerly lines of Lots 211 through 231, a distance of	19312
629.89 feet to a point at the northeast corner of said Lot 231, on	19313
the westerly line of Neil Avenue, being 25.11 feet right of	19314
Station 74+75.00;	19315

Thence South 03°42'42" West, along the easterly line of said Lot	19316
231, the westerly line of Neil Avenue a distance of 20.00 feet to	19317
a point, being 45.11 feet right of Station 74+75.00;	19318

Thence South 86°17'18" East, along the northerly line of Neil	19319
Avenue as vacated by said Ordinance No. 919-75, a distance of	19320
80.00 feet to a point on the easterly line of Neil Avenue, the	19321
westerly line of Lot 233 of said R.P. Woodruff's Agricultural	19322
Addition, being 45.12 feet right of Station 75+55.00;	19323

Thence North 03°42'42" East, along the easterly line of Neil	19324
Avenue, the westerly line of said Lot 233, a distance of 20.00	19325
feet to a point at the northwest corner of said Lot 233, on the	19326
southerly line of West Lane Avenue, being 25.12 feet right of	19327
Station 75+55.00;	19328

Thence South 86°17'18" East, along the southerly line of West Lane	19329
Avenue, the northerly lines of Lots 233 through 252, the northerly	19330
lines of said OSU North Urban Renewal, Plat 1 and Plat 2, a	19331
distance of 1350.62 feet to a point at the northeast corner of	19332
said OSU North Urban Renewal, Plat 2, on the westerly line of	19333
North High Street, being 45.40 feet right of Station 89+01.19;	19334

Thence South 08°16'08" East, along the easterly line of said OSU	19335
North Urban Renewal, Plat 2, the westerly line of North High	19336
Street, a distance of 27.95 feet to a point, being 45.04 feet left	19337
of Station 299+30.00;	19338

Thence passing through said lands owned by The State of Ohio, the	19339
following 36 courses:	19340

1. North 48°38'40" West, 40.22 feet to a point, being 45.00 feet	19341
right of Station 88+75.00;	19342

2. South 86°46'26" West, 79.95 feet to a point, being 45.00 feet	19343
right of Station 87+95.05;	19344

3. Along the arc of a curve to the right, having a radius of	19345
999.93 feet, an arc length of 120.97 feet to a point, being 45.00	19346
feet right of Station 86+79.53, said arc being subtended by a	19347
chord bearing North 89°45'37.9" West, a chord distance of 120.89	19348
feet;	19349

4. North 86°17'42" West, 461.03 feet to a point, being 45.00 feet	19350
right of Station 82+18.50;	19351

5. South 03°42'18" West, 10.00 feet to a point, being 55.00 feet	19352
right of Station 82+18.50;	19353

6. North 86°17'42" West, 60.00 feet to a point, being 55.00 feet	19354
right of Station 81+58.50;	19355

7. North 03°42'18" East, 17.00 feet to a point, being 38.00 feet	19356
right of Station 81+58.50;	19357

8. North 86°17'42" West, 80.50 feet to a point, being 38.00 feet	19358
right of Station 80+78.00;	19359

9. South 39°14'34" West, 8.60 feet to a point, being 45.00 feet	19360
right of Station 80+73.00;	19361

10. North 86°17'42" West, 508.00 feet to a point, being 45.00 feet	19362
right of Station 75+65.00;	19363

11. South 03°42'18" West, 10.00 feet to a point, being 55.00 feet	19364
right of Station 75+65.00;	19365

12. North 86°17'42" West, 100.00 feet to a point, being 55.00 feet	19366
right of Station 74+65.00;	19367

13. North 03°42'18" East, 10.00 feet to a point, being 45.00 feet	19368
right of Station 74+65.00;	19369

North 86°17'42" West, 107.57 feet to a point, being 45.00 feet	19370
right of Station 73+57.43;	19371

14. Along the arc of a curve to the left, having a radius of	19372
5684.58 feet, an arc length of 188.26 feet to a point of reverse	19373
curvature, being 45.00 feet right of Station 71+67.68, said arc	19374
being subtended by a chord bearing North 87°14'37.0" West, a chord	19375
distance of 188.25 feet;	19376

15. Along the arc of a curve to the right, having a radius of	19377
5774.58 feet, an arc length of 185.77 feet to a point, being 45.00	19378
feet right of Station 69+83.36, said arc being subtended by a	19379
chord bearing North 87°16'14.6" West, a chord distance of 185.76	19380
feet;	19381

16. North 86°20'57" West, 108.36 feet to a point, being 45.00 feet	19382
right of Station 68+75.00;	19383

17. South 48°39'03" West, 28.28 feet to a point, being 65.00 feet	19384
right of Station 68+65.00;	19385

18. North 86°20'57" West, 85.00 feet to a point, being 65.00 feet	19386
right of Station 67+70.00;	19387

19. North 41°20'57" West, 28.28 feet to a point, being 45.00 feet	19388
right of Station 67+50.00;	19389

20. North 86°20'57" West, 540.00 feet to a point, being 45.00 feet	19390
right of Station 62+10.00;	19391

21. South 03°39'03" West, 20.00 feet to a point, being 65.00 feet	19392
right of Station 62+10.00;	19393

22. North 86°21'38" West, 104.82 feet to a point, being 65.00 feet	19394
right of Station 61+05.00;	19395

23. North 03°29'43" East, 20.00 feet to a point, being 45.00 feet	19396
right of Station 61+05.00;	19397

24. Along the arc of a curve to the left, having a radius of	19398
5684.58 feet, an arc length of 222.11 feet to a point of reverse	19399
curvature, being 45.00 feet right of Station 58+81.13, said arc	19400
being subtended by a chord bearing North 87°37'26.8" West, a chord	19401
distance of 222.10 feet;	19402

25. Along the arc of a curve to the right, having a radius of	19403
5774.58 feet, an arc length of 81.03 feet to a point, being 45.00	19404
feet right of Station 58+00.74, said arc being subtended by a	19405
chord bearing North 88°20'29.4" West, a chord distance of 81.02	19406
feet;	19407

26. North 89°54'24" West, 164.76 feet to a point, being 53.00	19408
feet right of Station 56+37.56;	19409

27. South 48°58'26" West, 81.01 feet to a point, being 110.00 feet	19410
right of Station 55+80.00;	19411

28. North 86°18'28" West, 506.53 feet to a point on an easterly	19412
line of Olentangy River Road, being 93.07 feet right of Station	19413
119+04.31;	19414

29. North 73°46'29" West, 190.00 feet to a point on a westerly	19415
line of Olentangy River Road, being 96.85 feet left of Station	19416
119+10.00;	19417

30. Thence North 39°34'55" West, 35.28 feet to a point, being	19418
48.00 feet right of Station 48+65.00;	19419

31. Thence North 84°51'39" West, 177.71 feet to a point on a	19420
southerly line of West Lane Avenue, being 46.05 feet right of	19421
Station 46+85.00;	19422

32. North 2°21'58" East, 46.05 feet to a point in the centerline	19423
of West Lane Avenue, being at Centerline Station 46+85.00;	19424

33. Along the centerline of West Lane Avenue, along the arc of a	19425
curve to the right, having a radius of 1762.95 feet, an arc length	19426
of 86.54 feet to a point of tangency, being at Centerline Station	19427
47+71.54, said arc being subtended by a chord bearing South	19428
86°13'40.0" East, a chord distance of 86.53 feet;	19429

34. South 84°49'18" East, along the centerline of West Lane	19430
Avenue, 201.33 feet to a point of curvature, being at Centerline	19431
Station 49+72.87;	19432

35. Along the centerline of West Lane Avenue, along the arc of a	19433
curve to the left, having a radius of 6250.45 feet, an arc length	19434
of 27.13 feet, said arc being subtended by a chord bearing South	19435
84°56'45.2" East, a chord distance of 27.13 feet, to the Place of	19436
Beginning, and containing 4.662 acres of land (1.066 acres of	19437
which is within an easement for the widening of West Lane Avenue	19438
of record in Deed Book 3464, Page 105, and 1.153 acres of which is	19439
within P.R.O., leaving a net take of 2.443 acres). A detail of the	19440
areas split from each Auditor's parcel is attached on the	19441
following page. The bearings for this description are based on a	19442
bearing of North 68°52'08" East from Franklin County control	19443
monument "ASTRO" to control monument "LANE" and are based on the	19444
NAD83 State Plane Coordinate System, Ohio South Zone.	19445

This description was prepared by ms consultants, inc. from an	19446
actual field survey (1995-1999) and existing records	19447

(B) The Governor is hereby authorized to execute a deed of	19448
easement in the name of the state conveying to the City of	19449
Columbus, and its successors and assigns, the following easements:	19450

PARCEL 1-S-1 (0.098 Ac.)

19451

LANE AVENUE

19452

SEWER EASEMENT

19453

Situated in the State of Ohio, County of Franklin, City of	19454
Columbus, Section 3, Township 1, Range 18, United States Military	19455
Lands, and being part of a 69 acre tract described in a deed to	19456
The State of Ohio, of record in Deed Book 616, Page 399, and being	19457
part of a 79.59 acre tract described in a deed to The State of	19458
Ohio, of record in Deed Book 428, Page 192, Recorder's Office,	19459
Franklin County, Ohio, all stations and offsets reference the	19460
Centerline Survey Plat of Lane Avenue prepared by ms consultants,	19461
inc. for the City of Columbus, said Parcel 1-S-1 being more	19462
particularly described as follows:	19463

Commencing for Reference at centerline intersection of Olentangy	19464
River Road and West Lane Avenue, being at Centerline Station	19465
50+00.00;	19466

Thence easterly, along the centerline of West Lane Avenue, along	19467
the arc of a curve to the left, having a radius of 6250.45 feet,	19468
an arc distance of 135.01 feet, said arc being subtended by a	19469
chord bearing South 85°41'22" East, a chord distance of 135.00	19470
feet, to a point of tangency, being at Centerline Station	19471
51+35.01;	19472

Thence South 86°18'28" East, continuing along the centerline of	19473
West Lane Avenue, a distance of 4.30 feet to a point, being at	19474
Centerline Station 51+39.31;	19475

Thence South 3°41'32" West, a distance of 110.00 feet to a point	19476
within said 69 acre tract, being 110.00 feet right of Station	19477
51+39.31, and being the True Place of Beginning;	19478

Thence continuing within said 69 acre tract and said 79.59 acre	19479
tract the following 6 courses:	19480

1. South 5°47'25" West, 59.12 feet to a point, being 169.08 feet	19481
right of Station 51+37.15;	19482

2. South 42°43'05" East, 55.61 feet to a point, being 207.42 feet	19483
right of Station 51+77.43;	19484

3. South 3°41'32" West, 41.42 feet to a point, being 248.84 feet	19485
right of Station 51+77.43;	19486

4. North 42°43'05" West, 97.69 feet to a point, being 181.55 feet	19487
right of Station 51+07.47;	19488

5. North 5°47'25" East, 71.54 feet to a point, being 110.05 feet	19489
right of Station 51+09.74;	19490

6. South 86°18'28" East, 30.02 feet to the True Place of	19491
Beginning, and containing 0.098 acres of land.	19492

The bearings for this description are based on a bearing of North	19493
68°52'08" East from Franklin County control monument "ASTRO" to	19494
control monument "LANE" and are based on the NAD83 State Plane	19495
Coordinate System, Ohio South Zone.	19496

This description was prepared by ms consultants, inc. from an	19497
actual field survey (1995-1999) and existing records.	19498

PARCEL 1-S-2 (0.181 Ac.)

19499

LANE AVENUE

19500

SEWER EASEMENT

19501

Situated in the State of Ohio, County of Franklin, City of	19502
Columbus, Section 3, Township 1, Range 18, United States Military	19503
Lands, and being part of a 5.04 acre tract described in a deed to	19504
The State of Ohio, of record in Deed Book 641, Page 242,	19505
Recorder's Office, Franklin County, Ohio, all stations and offsets	19506
reference the Centerline Survey Plat of Lane Avenue prepared by ms	19507
consultants, inc. for the City of Columbus, said Parcel 1-S-2	19508
being more particularly described as follows:	19509

Beginning for Reference at the centerline intersection of	19510
Olentangy River Road and West Lane Avenue, being at Centerline	19511
Station 50+00.00;	19512

Thence easterly, along the centerline of West Lane Avenue, along	19513
the arc of a curve to the left, having a radius of 6250.45 feet,	19514
an arc distance of 135.01 feet, said arc being subtended by a	19515
chord bearing South 85°41'22" East, a chord distance of 135.00	19516
feet, to a point of tangency, being at Centerline Station	19517
51+35.01;	19518

Thence South 86°18'28" East, continuing along the centerline of	19519
West Lane Avenue, a distance of 502.55 feet to a point, being at	19520
Centerline Station 56+37.56;	19521

Thence South 3°41'32" West, a distance of 53.00 feet to a point	19522
within said 5.04 acre tract, being 53.00 feet right of Station	19523
56+37.56, and being the True Place of Beginning;	19524

Thence continuing within said 5.04 acre tract the following 8	19525
courses:	19526

1. South 89°54'24" East, 35.61 feet to a point, being 50.87 feet	19527
right of Station 56+72.79;	19528

2. South 50°01'11" West, 56.05 feet to a point, being 89.47 feet	19529
right of Station 56+32.57;	19530

3. South 01°30'42" West, 80.00 feet to a point, being 169.41 feet	19531
right of Station 56+35.61;	19532

4. South 50°01'11" West, 170.43 feet to a point, being 287.10 feet	19533
right of Station 55+12.34;	19534

5. North 5°01'11" East, 42.43 feet to a point, being 244.68 feet	19535
right of Station 55+13.32;	19536

6. North 50°01'11" East, 126.91 feet to a point, being 157.05 feet	19537
right of Station 56+05.12;	19538

7. North 01°30'42" East, 69.35 feet to a point, being 87.74 feet	19539
right of Station 56+02.48;	19540

8. North 48°58'26" East, 49.38 feet to the True Place of	19541
Beginning, and containing 0.181 acres of land.	19542

The bearings for this description are based on a bearing of North	19543
68°52'08" East from Franklin County control monument "ASTRO" to	19544
control monument "LANE" and are based on the NAD83 State Plane	19545
Coordinate System, Ohio South Zone.	19546

This description was prepared by ms consultants, inc. from an	19547
actual field survey (1995-1999) and existing records.	19548

PARCEL 1-S-3 (0.018 Ac.)

19549

LANE AVENUE

19550

TEMPORARY CONSTRUCTION EASEMENT

19551

Situated in the State of Ohio, County of Franklin, City of	19552
Columbus, Section 3, Township 1, Range 18, United States Military	19553
Lands, and being part of a 69 acre tract described in a deed to	19554
The State of Ohio, of record in Deed Book 616, Page 399,	19555
Recorder's Office, Franklin County, Ohio, all stations and offsets	19556
reference the Centerline Survey Plat of Lane Avenue prepared by ms	19557
consultants, inc. for the City of Columbus, said Parcel 1-S-3	19558
being more particularly described as follows:	19559

Beginning for Reference at the centerline intersection of	19560
Olentangy River Road and West Lane Avenue, being at Olentangy	19561
River Road Centerline Station 120+00.00;	19562

Thence North 14°30'28" East, along the centerline of Olentangy	19563
River Road, a distance of 220.89 feet to a point of curvature,	19564
being at Centerline Station 122+20.89;	19565

Thence northerly, along the centerline of Olentangy River Road,	19566
along the arc of a curve to the left, having a radius of 3819.72	19567
feet, an arc distance of 300.53 feet, said arc being subtended by	19568
a chord bearing North 12°15'14" East, a chord distance of 300.46	19569
feet, to a point of tangency, being at Centerline Station	19570
125+21.43;	19571

Thence North 9°59'59" East, continuing along the centerline of	19572
Olentangy River Road, a distance of 181.50 feet to a point, being	19573
at Centerline Station 127+02.93;	19574

Thence North 80°00'01" West, a distance of 70.22 feet to a point	19575
within said 69 acre tract, on the westerly right-of-way line of	19576
Olentangy River Road, being 70.22 feet left of Station 127+02.93,	19577
and being the True Place of Beginning;	19578

Thence continuing within said 69 acre tract the following 4	19579
courses:	19580

1. South 10°05'49" West, along the westerly right-of-way line of	19581
Olentangy River Road, 24.97 feet to a point, being 70.26 feet left	19582
of Station 126+77.96;	19583

2. South 63°18'30" West, 32.17 feet to a point, being 96.06 feet	19584
left of Station 126+58.74;	19585

3. North 26°41'30" West, 20.00 feet to a point, being 108.01 feet	19586
left of Station 126+74.77;	19587

4. North 63°18'30" East, 47.13 feet to the True Place of	19588
Beginning, and containing 0.018 acres of land.	19589

The bearings for this description are based on a bearing of North	19590
68°52'08" East from Franklin County control monument "ASTRO" to	19591
control monument "LANE" and are based on the NAD83 State Plane	19592
Coordinate System, Ohio South Zone.	19593

This description was prepared by ms consultants, inc. from an	19594
actual field survey (1995-1999) and existing records.	19595

(C) Consideration for the conveyance of the real estate	19596
described in division (A) of this section and for the conveyance	19597
of the easements described in division (B) of this section is the	19598
purchase price of $1,480,000.00, which shall be paid by the City	19599
of Columbus in certain roadway enhancements as described in a real	19600
estate purchase contract dated May 12, 2003.	19601

(D) Upon completion of the roadway enhancements described in	19602
division (C) of this section, the Auditor of State, with the	19603
assistance of the Attorney General, shall prepare a deed to the	19604
real estate described in division (A) of this section and a deed	19605
to the easements described in division (B) of this section. The	19606
deeds shall state the consideration. The deeds shall be executed	19607
by the Governor in the name of the state, countersigned by the	19608
Secretary of State, sealed with the Great Seal of the State,	19609
presented in the Office of the Auditor of State for recording, and	19610
delivered to the City of Columbus. The City of Columbus shall	19611
present the deeds for recording in the Office of the Franklin	19612
County Recorder.	19613

(E) The City of Columbus shall pay the costs of the	19614
conveyances described in divisions (A) and (B) of this section.	19615

(F) This section expires one year after its effective date.

19616

Section 525.90. (A) The Governor is hereby authorized to	19617
execute a deed in the name of the state conveying to the City of	19618
Columbus, and its successors and assigns, all of the state's	19619
right, title, and interest in the following described real estate:	19620

PARCEL 7-WD (0.010 Ac.)

19621

Situated in the State of Ohio, County of Franklin, City of	19622
Columbus, Section 3, Township 1, Range 18, United States Military	19623
Lands, and being part of Lots 3, 4, 5, and 6 of the Jacob Weber	19624
Place subdivision, of record in Plat Book 17, Pages 28 and 29,	19625
said Lots 3, 4, 5, and 6 also being described in a deed to the	19626
State of Ohio, of record in Official Record 16902 B17, all records	19627
are on file in the Recorder's Office, Franklin County, Ohio, all	19628
stations and offsets reference the Centerline Survey Plat of Lane	19629
Avenue prepared by ms consultants, inc. for the City of Columbus,	19630
said Parcel 7-WD being more particularly described as follows:	19631

Beginning for Reference at the centerline intersection of Tuttle	19632
Park Place and West Lane Avenue, being at Centerline Station	19633
68+12.54;	19634

Thence North 86°20'57" West, along the centerline of West Lane	19635
Avenue, a distance of 119.68 feet to a point, being at Centerline	19636
Station 66+92.86;	19637

Thence North 3°39'03" East, a distance of 41.53 feet to a point at	19638
the southeast corner of said Lot 3, the southwest corner of Lot 2	19639
of said Jacob Weber Place subdivision, on the northerly line of	19640
West Lane Avenue, being 41.53 feet left of Station 66+92.86	19641
(witness an iron pin found 41.43' left of sta. 66+92.94), and	19642
being the True Place of Beginning;	19643

Thence North 86°17'18" West, along the southerly lines of said	19644
Lots 3, 4, 5, and 6, the northerly line of Lane Avenue, a distance	19645
of 184.44 feet to a point at the southwest corner of said Lot 6,	19646
the southeast corner of Lot 7 of said Jacob Weber Place	19647
subdivision, being 41.73 feet left of Station 65+08.41;	19648

Thence North 3°42'42" East, along the easterly line said Lot 7,	19649
the westerly line of said Lot 6, a distance of 2.27 feet to a	19650
point, being 44.00 feet left of Station 65+08.42;	19651

Thence South 86°20'57" East, passing through said Lots 3, 4, 5,	19652
and 6, a distance of 184.44 feet to a point on the easterly line	19653
of said Lot 3, on the westerly line of said Lot 2, being 44.00	19654
feet left of Station 66+92.86;	19655

Thence South 3°42'42" West, along the easterly line of said Lot 3,	19656
the westerly line of said Lot 2, a distance of 2.47 feet to the	19657
True Place of Beginning, and containing 0.010 acres of land.	19658

The bearings for this description are based on a bearing of North	19659
68°52'08" East from Franklin County control monument "ASTRO" to	19660
control monument "LANE" and are based on the NAD83 State Plane	19661
Coordinate System, Ohio South Zone.	19662

This description was prepared by ms consultants, inc. from an	19663
actual field survey (1995-1999) and existing records.	19664

(B) Consideration for the conveyance of the real estate	19665
described in division (A) of this section is the purchase price of	19666
$10,575.00.	19667

(C) Upon payment of the purchase price, the Auditor of State,	19668
with the assistance of the Attorney General, shall prepare a deed	19669
to the real estate described in division (A) of this section. The	19670
deed shall state the consideration. The deed shall be executed by	19671
the Governor in the name of the state, countersigned by the	19672
Secretary of State, sealed with the Great Seal of the State,	19673
presented in the Office of the Auditor of State for recording, and	19674
delivered to the City of Columbus. The City of Columbus shall	19675
present the deed for recording in the Office of the Franklin	19676
County Recorder.	19677

(D) The City of Columbus shall pay the costs of the	19678
conveyance described in division (A) of this section.	19679

(E) The net proceeds of the sale of the real estate described	19680
in division (A) of this section shall be deposited in the Ohio	19681
State University General Fund.	19682

(F) This section expires one year after its effective date.

19683

Section 525.80. (A) The Governor is hereby authorized to	19684
execute a deed in the name of the state conveying to the City of	19685
Columbus, and its successors and assigns, all of the state's	19686
right, title, and interest in the following described real estate:	19687

PARCEL 1-WD (4.662 Ac.)

19688

LANE AVENUE

19689

Situated in the State of Ohio, County of Franklin, City of	19690
Columbus, Section 3, Township 1, Range 18, United States Military	19691
Lands, and being a part of lands owned by the State of Ohio (The	19692
Ohio State University), said lands also being described in the	19693
following 8 documents of record:	19694

1. 69 acre tract described in Deed Book 616, Page 399

19695

2. 5.04 acre tract (part of Lot 278 - PB 2 Pg. 203) described in	19696
Deed Book 641, Page 242	19697

3. Tuttle Park Place (Doe Alley) vacated by Ordinance No. 919-75

19698

4. Lots 211 through 252, inclusive, of R.P. Woodruff's	19699
Agricultural Addition, P.B. 2, Pg. 203	19700

5. Neil Avenue vacated by Ordinance No. 919-75

19701

6. Peasley Street Vacated by Ordinance No. 179-66

19702

7. OSU North Urban Renewal, Plat 1, Plat Book 37, Page 56

19703

8. OSU North Urban Renewal, Plat 2, Plat Book 38, Page 94

19704

All records are on file in the Recorder's Office, Franklin County,	19705
Ohio, unless otherwise noted, all stations and offsets reference	19706
the Centerline Survey Plat of Lane Avenue prepared by ms	19707
consultants, inc. for the City of Columbus, said Parcel 1-WD being	19708
more particularly described as follows:	19709

Beginning at a point at the centerline intersection of Olentangy	19710
River Road and West Lane Avenue, being at Centerline Station	19711
50+00.00 (Olentangy River Road Centerline Station 120+00.00);	19712

Thence North 14°30'28" East, along the centerline of Olentangy	19713
River Road, a distance of 87.57 feet to a point, being at	19714
Centerline Station 120+87.57;	19715

Thence South 75°29'32" East, a distance of 64.93 feet to a point	19716
on an easterly line of Olentangy River Road, being 64.93 feet	19717
right of Station 120+87.57 (75.05 feet left of West Lane Avenue	19718
Station 50+79.55);	19719

Thence South 59°28'15" East, within said 69 acre tract, a distance	19720
of 22.58 feet to a point, being 65.00 feet left of Station	19721
51+00.00;	19722

Thence North 51°33'30" East, continuing within said 69 acre tract,	19723
a distance of 66.93 feet to a point, being 110.00 feet left of	19724
Station 51+50.00;	19725

Thence South 86°18'28" East, continuing within said 69 acre tract,	19726
a distance of 279.96 feet to a point in the centerline of the	19727
Olentangy River, in the westerly line of a 1.80 acre tract	19728
described in a deed to the City of Columbus of record in Deed Book	19729
3382, Page 600, being 110.00 feet left of Station 54+29.96;	19730

Thence South 40°12'42" West, along the westerly line of said 1.80	19731
acre tract, the centerline of the Olentangy River, with the	19732
meanders thereof, a distance of 108.57 feet to a point at the	19733
southwest corner of said 1.80 acre tract, in the centerline of	19734
existing right of way of West Lane Avenue, being 22.75 feet left	19735
of Station 53+65.35	19736

Thence South 3°42'42" West, along the centerline of the Olentangy	19737
River, with the meanders thereof, a distance of 30.00 feet to a	19738
point on the southerly line of West Lane Avenue, at the northwest	19739
corner of said 5.04 acre tract, being 7.25 feet right of Station	19740
53+65.34;	19741

Thence South 86°17'18" East, along a southerly line of West Lane	19742
Avenue, a northerly line of said 5.04 acre tract, a distance of	19743
1419.55 feet to a point at the northeast corner of said 5.04 acre	19744
tract, on the westerly line of Tuttle Park Place, being 18.57 feet	19745
right of Station 67+85.02;	19746

Thence South 03°42'42" West, along the easterly line of said 5.04	19747
acre tract, the westerly line of Tuttle Park Place, a distance of	19748
20.00 feet to a point, being 38.57 feet right of Station 67+85.00;	19749

Thence South 86°17'18" East, along the northerly line of Tuttle	19750
Park Place as vacated by said Ordinance No. 919-75, a distance of	19751
60.00 feet to a point on the easterly line of Tuttle Park Place,	19752
the westerly line of Lot 211 of said R.P. Woodruff's Agricultural	19753
Addition, being 38.63 feet right of Station 68+45.00;	19754

Thence North 03°42'42" East, along the easterly line of Tuttle	19755
Park Place, the westerly line of said Lot 211, a distance of 20.00	19756
feet to a point at the northwest corner of said Lot 211, on the	19757
southerly line of West Lane Avenue, being 18.63 feet right of	19758
Station 68+45.02;	19759

Thence South 86°17'18" East, along the southerly line of West Lane	19760
Avenue, the northerly lines of Lots 211 through 231, a distance of	19761
629.89 feet to a point at the northeast corner of said Lot 231, on	19762
the westerly line of Neil Avenue, being 25.11 feet right of	19763
Station 74+75.00;	19764

Thence South 03°42'42" West, along the easterly line of said Lot	19765
231, the westerly line of Neil Avenue a distance of 20.00 feet to	19766
a point, being 45.11 feet right of Station 74+75.00;	19767

Thence South 86°17'18" East, along the northerly line of Neil	19768
Avenue as vacated by said Ordinance No. 919-75, a distance of	19769
80.00 feet to a point on the easterly line of Neil Avenue, the	19770
westerly line of Lot 233 of said R.P. Woodruff's Agricultural	19771
Addition, being 45.12 feet right of Station 75+55.00;	19772

Thence North 03°42'42" East, along the easterly line of Neil	19773
Avenue, the westerly line of said Lot 233, a distance of 20.00	19774
feet to a point at the northwest corner of said Lot 233, on the	19775
southerly line of West Lane Avenue, being 25.12 feet right of	19776
Station 75+55.00;	19777

Thence South 86°17'18" East, along the southerly line of West Lane	19778
Avenue, the northerly lines of Lots 233 through 252, the northerly	19779
lines of said OSU North Urban Renewal, Plat 1 and Plat 2, a	19780
distance of 1350.62 feet to a point at the northeast corner of	19781
said OSU North Urban Renewal, Plat 2, on the westerly line of	19782
North High Street, being 45.40 feet right of Station 89+01.19;	19783

Thence South 08°16'08" East, along the easterly line of said OSU	19784
North Urban Renewal, Plat 2, the westerly line of North High	19785
Street, a distance of 27.95 feet to a point, being 45.04 feet left	19786
of Station 299+30.00;	19787

Thence passing through said lands owned by The State of Ohio, the	19788
following 36 courses:	19789

1. North 48°38'40" West, 40.22 feet to a point, being 45.00 feet	19790
right of Station 88+75.00;	19791

2. South 86°46'26" West, 79.95 feet to a point, being 45.00 feet	19792
right of Station 87+95.05;	19793

3. Along the arc of a curve to the right, having a radius of	19794
999.93 feet, an arc length of 120.97 feet to a point, being 45.00	19795
feet right of Station 86+79.53, said arc being subtended by a	19796
chord bearing North 89°45'37.9" West, a chord distance of 120.89	19797
feet;	19798

4. North 86°17'42" West, 461.03 feet to a point, being 45.00 feet	19799
right of Station 82+18.50;	19800

5. South 03°42'18" West, 10.00 feet to a point, being 55.00 feet	19801
right of Station 82+18.50;	19802

6. North 86°17'42" West, 60.00 feet to a point, being 55.00 feet	19803
right of Station 81+58.50;	19804

7. North 03°42'18" East, 17.00 feet to a point, being 38.00 feet	19805
right of Station 81+58.50;	19806

8. North 86°17'42" West, 80.50 feet to a point, being 38.00 feet	19807
right of Station 80+78.00;	19808

9. South 39°14'34" West, 8.60 feet to a point, being 45.00 feet	19809
right of Station 80+73.00;	19810

10. North 86°17'42" West, 508.00 feet to a point, being 45.00 feet	19811
right of Station 75+65.00;	19812

11. South 03°42'18" West, 10.00 feet to a point, being 55.00 feet	19813
right of Station 75+65.00;	19814

12. North 86°17'42" West, 100.00 feet to a point, being 55.00 feet	19815
right of Station 74+65.00;	19816

13. North 03°42'18" East, 10.00 feet to a point, being 45.00 feet	19817
right of Station 74+65.00;	19818

North 86°17'42" West, 107.57 feet to a point, being 45.00 feet	19819
right of Station 73+57.43;	19820

14. Along the arc of a curve to the left, having a radius of	19821
5684.58 feet, an arc length of 188.26 feet to a point of reverse	19822
curvature, being 45.00 feet right of Station 71+67.68, said arc	19823
being subtended by a chord bearing North 87°14'37.0" West, a chord	19824
distance of 188.25 feet;	19825

15. Along the arc of a curve to the right, having a radius of	19826
5774.58 feet, an arc length of 185.77 feet to a point, being 45.00	19827
feet right of Station 69+83.36, said arc being subtended by a	19828
chord bearing North 87°16'14.6" West, a chord distance of 185.76	19829
feet;	19830

16. North 86°20'57" West, 108.36 feet to a point, being 45.00 feet	19831
right of Station 68+75.00;	19832

17. South 48°39'03" West, 28.28 feet to a point, being 65.00 feet	19833
right of Station 68+65.00;	19834

18. North 86°20'57" West, 85.00 feet to a point, being 65.00 feet	19835
right of Station 67+70.00;	19836

19. North 41°20'57" West, 28.28 feet to a point, being 45.00 feet	19837
right of Station 67+50.00;	19838

20. North 86°20'57" West, 540.00 feet to a point, being 45.00 feet	19839
right of Station 62+10.00;	19840

21. South 03°39'03" West, 20.00 feet to a point, being 65.00 feet	19841
right of Station 62+10.00;	19842

22. North 86°21'38" West, 104.82 feet to a point, being 65.00 feet	19843
right of Station 61+05.00;	19844

23. North 03°29'43" East, 20.00 feet to a point, being 45.00 feet	19845
right of Station 61+05.00;	19846

24. Along the arc of a curve to the left, having a radius of	19847
5684.58 feet, an arc length of 222.11 feet to a point of reverse	19848
curvature, being 45.00 feet right of Station 58+81.13, said arc	19849
being subtended by a chord bearing North 87°37'26.8" West, a chord	19850
distance of 222.10 feet;	19851

25. Along the arc of a curve to the right, having a radius of	19852
5774.58 feet, an arc length of 81.03 feet to a point, being 45.00	19853
feet right of Station 58+00.74, said arc being subtended by a	19854
chord bearing North 88°20'29.4" West, a chord distance of 81.02	19855
feet;	19856

26. North 89°54'24" West, 164.76 feet to a point, being 53.00	19857
feet right of Station 56+37.56;	19858

27. South 48°58'26" West, 81.01 feet to a point, being 110.00 feet	19859
right of Station 55+80.00;	19860

28. North 86°18'28" West, 506.53 feet to a point on an easterly	19861
line of Olentangy River Road, being 93.07 feet right of Station	19862
119+04.31;	19863

29. North 73°46'29" West, 190.00 feet to a point on a westerly	19864
line of Olentangy River Road, being 96.85 feet left of Station	19865
119+10.00;	19866

30. Thence North 39°34'55" West, 35.28 feet to a point, being	19867
48.00 feet right of Station 48+65.00;	19868

31. Thence North 84°51'39" West, 177.71 feet to a point on a	19869
southerly line of West Lane Avenue, being 46.05 feet right of	19870
Station 46+85.00;	19871

32. North 2°21'58" East, 46.05 feet to a point in the centerline	19872
of West Lane Avenue, being at Centerline Station 46+85.00;	19873

33. Along the centerline of West Lane Avenue, along the arc of a	19874
curve to the right, having a radius of 1762.95 feet, an arc length	19875
of 86.54 feet to a point of tangency, being at Centerline Station	19876
47+71.54, said arc being subtended by a chord bearing South	19877
86°13'40.0" East, a chord distance of 86.53 feet;	19878

34. South 84°49'18" East, along the centerline of West Lane	19879
Avenue, 201.33 feet to a point of curvature, being at Centerline	19880
Station 49+72.87;	19881

35. Along the centerline of West Lane Avenue, along the arc of a	19882
curve to the left, having a radius of 6250.45 feet, an arc length	19883
of 27.13 feet, said arc being subtended by a chord bearing South	19884
84°56'45.2" East, a chord distance of 27.13 feet, to the Place of	19885
Beginning, and containing 4.662 acres of land (1.066 acres of	19886
which is within an easement for the widening of West Lane Avenue	19887
of record in Deed Book 3464, Page 105, and 1.153 acres of which is	19888
within P.R.O., leaving a net take of 2.443 acres). A detail of the	19889
areas split from each Auditor's parcel is attached on the	19890
following page. The bearings for this description are based on a	19891
bearing of North 68°52'08" East from Franklin County control	19892
monument "ASTRO" to control monument "LANE" and are based on the	19893
NAD83 State Plane Coordinate System, Ohio South Zone.	19894

This description was prepared by ms consultants, inc. from an	19895
actual field survey (1995-1999) and existing records	19896

(B) The Governor is hereby authorized to execute a deed of	19897
easement in the name of the state conveying to the City of	19898
Columbus, and its successors and assigns, the following easements:	19899

PARCEL 1-S-1 (0.098 Ac.)

19900

LANE AVENUE

19901

SEWER EASEMENT

19902

Situated in the State of Ohio, County of Franklin, City of	19903
Columbus, Section 3, Township 1, Range 18, United States Military	19904
Lands, and being part of a 69 acre tract described in a deed to	19905
The State of Ohio, of record in Deed Book 616, Page 399, and being	19906
part of a 79.59 acre tract described in a deed to The State of	19907
Ohio, of record in Deed Book 428, Page 192, Recorder's Office,	19908
Franklin County, Ohio, all stations and offsets reference the	19909
Centerline Survey Plat of Lane Avenue prepared by ms consultants,	19910
inc. for the City of Columbus, said Parcel 1-S-1 being more	19911
particularly described as follows:	19912

Commencing for Reference at centerline intersection of Olentangy	19913
River Road and West Lane Avenue, being at Centerline Station	19914
50+00.00;	19915

Thence easterly, along the centerline of West Lane Avenue, along	19916
the arc of a curve to the left, having a radius of 6250.45 feet,	19917
an arc distance of 135.01 feet, said arc being subtended by a	19918
chord bearing South 85°41'22" East, a chord distance of 135.00	19919
feet, to a point of tangency, being at Centerline Station	19920
51+35.01;	19921

Thence South 86°18'28" East, continuing along the centerline of	19922
West Lane Avenue, a distance of 4.30 feet to a point, being at	19923
Centerline Station 51+39.31;	19924

Thence South 3°41'32" West, a distance of 110.00 feet to a point	19925
within said 69 acre tract, being 110.00 feet right of Station	19926
51+39.31, and being the True Place of Beginning;	19927

Thence continuing within said 69 acre tract and said 79.59 acre	19928
tract the following 6 courses:	19929

1. South 5°47'25" West, 59.12 feet to a point, being 169.08 feet	19930
right of Station 51+37.15;	19931

2. South 42°43'05" East, 55.61 feet to a point, being 207.42 feet	19932
right of Station 51+77.43;	19933

3. South 3°41'32" West, 41.42 feet to a point, being 248.84 feet	19934
right of Station 51+77.43;	19935

4. North 42°43'05" West, 97.69 feet to a point, being 181.55 feet	19936
right of Station 51+07.47;	19937

5. North 5°47'25" East, 71.54 feet to a point, being 110.05 feet	19938
right of Station 51+09.74;	19939

6. South 86°18'28" East, 30.02 feet to the True Place of	19940
Beginning, and containing 0.098 acres of land.	19941

The bearings for this description are based on a bearing of North	19942
68°52'08" East from Franklin County control monument "ASTRO" to	19943
control monument "LANE" and are based on the NAD83 State Plane	19944
Coordinate System, Ohio South Zone.	19945

This description was prepared by ms consultants, inc. from an	19946
actual field survey (1995-1999) and existing records.	19947

PARCEL 1-S-2 (0.181 Ac.)

19948

LANE AVENUE

19949

SEWER EASEMENT

19950

Situated in the State of Ohio, County of Franklin, City of	19951
Columbus, Section 3, Township 1, Range 18, United States Military	19952
Lands, and being part of a 5.04 acre tract described in a deed to	19953
The State of Ohio, of record in Deed Book 641, Page 242,	19954
Recorder's Office, Franklin County, Ohio, all stations and offsets	19955
reference the Centerline Survey Plat of Lane Avenue prepared by ms	19956
consultants, inc. for the City of Columbus, said Parcel 1-S-2	19957
being more particularly described as follows:	19958

Beginning for Reference at the centerline intersection of	19959
Olentangy River Road and West Lane Avenue, being at Centerline	19960
Station 50+00.00;	19961

Thence easterly, along the centerline of West Lane Avenue, along	19962
the arc of a curve to the left, having a radius of 6250.45 feet,	19963
an arc distance of 135.01 feet, said arc being subtended by a	19964
chord bearing South 85°41'22" East, a chord distance of 135.00	19965
feet, to a point of tangency, being at Centerline Station	19966
51+35.01;	19967

Thence South 86°18'28" East, continuing along the centerline of	19968
West Lane Avenue, a distance of 502.55 feet to a point, being at	19969
Centerline Station 56+37.56;	19970

Thence South 3°41'32" West, a distance of 53.00 feet to a point	19971
within said 5.04 acre tract, being 53.00 feet right of Station	19972
56+37.56, and being the True Place of Beginning;	19973

Thence continuing within said 5.04 acre tract the following 8	19974
courses:	19975

1. South 89°54'24" East, 35.61 feet to a point, being 50.87 feet	19976
right of Station 56+72.79;	19977

2. South 50°01'11" West, 56.05 feet to a point, being 89.47 feet	19978
right of Station 56+32.57;	19979

3. South 01°30'42" West, 80.00 feet to a point, being 169.41 feet	19980
right of Station 56+35.61;	19981

4. South 50°01'11" West, 170.43 feet to a point, being 287.10 feet	19982
right of Station 55+12.34;	19983

5. North 5°01'11" East, 42.43 feet to a point, being 244.68 feet	19984
right of Station 55+13.32;	19985

6. North 50°01'11" East, 126.91 feet to a point, being 157.05 feet	19986
right of Station 56+05.12;	19987

7. North 01°30'42" East, 69.35 feet to a point, being 87.74 feet	19988
right of Station 56+02.48;	19989

8. North 48°58'26" East, 49.38 feet to the True Place of	19990
Beginning, and containing 0.181 acres of land.	19991

The bearings for this description are based on a bearing of North	19992
68°52'08" East from Franklin County control monument "ASTRO" to	19993
control monument "LANE" and are based on the NAD83 State Plane	19994
Coordinate System, Ohio South Zone.	19995

This description was prepared by ms consultants, inc. from an	19996
actual field survey (1995-1999) and existing records.	19997

PARCEL 1-S-3 (0.018 Ac.)

19998

LANE AVENUE

19999

TEMPORARY CONSTRUCTION EASEMENT

20000

Situated in the State of Ohio, County of Franklin, City of	20001
Columbus, Section 3, Township 1, Range 18, United States Military	20002
Lands, and being part of a 69 acre tract described in a deed to	20003
The State of Ohio, of record in Deed Book 616, Page 399,	20004
Recorder's Office, Franklin County, Ohio, all stations and offsets	20005
reference the Centerline Survey Plat of Lane Avenue prepared by ms	20006
consultants, inc. for the City of Columbus, said Parcel 1-S-3	20007
being more particularly described as follows:	20008

Beginning for Reference at the centerline intersection of	20009
Olentangy River Road and West Lane Avenue, being at Olentangy	20010
River Road Centerline Station 120+00.00;	20011

Thence North 14°30'28" East, along the centerline of Olentangy	20012
River Road, a distance of 220.89 feet to a point of curvature,	20013
being at Centerline Station 122+20.89;	20014

Thence northerly, along the centerline of Olentangy River Road,	20015
along the arc of a curve to the left, having a radius of 3819.72	20016
feet, an arc distance of 300.53 feet, said arc being subtended by	20017
a chord bearing North 12°15'14" East, a chord distance of 300.46	20018
feet, to a point of tangency, being at Centerline Station	20019
125+21.43;	20020

Thence North 9°59'59" East, continuing along the centerline of	20021
Olentangy River Road, a distance of 181.50 feet to a point, being	20022
at Centerline Station 127+02.93;	20023

Thence North 80°00'01" West, a distance of 70.22 feet to a point	20024
within said 69 acre tract, on the westerly right-of-way line of	20025
Olentangy River Road, being 70.22 feet left of Station 127+02.93,	20026
and being the True Place of Beginning;	20027

Thence continuing within said 69 acre tract the following 4	20028
courses:	20029

1. South 10°05'49" West, along the westerly right-of-way line of	20030
Olentangy River Road, 24.97 feet to a point, being 70.26 feet left	20031
of Station 126+77.96;	20032

2. South 63°18'30" West, 32.17 feet to a point, being 96.06 feet	20033
left of Station 126+58.74;	20034

3. North 26°41'30" West, 20.00 feet to a point, being 108.01 feet	20035
left of Station 126+74.77;	20036

4. North 63°18'30" East, 47.13 feet to the True Place of	20037
Beginning, and containing 0.018 acres of land.	20038

The bearings for this description are based on a bearing of North	20039
68°52'08" East from Franklin County control monument "ASTRO" to	20040
control monument "LANE" and are based on the NAD83 State Plane	20041
Coordinate System, Ohio South Zone.	20042

This description was prepared by ms consultants, inc. from an	20043
actual field survey (1995-1999) and existing records.	20044

(C) Consideration for the conveyance of the real estate	20045
described in division (A) of this section and for the conveyance	20046
of the easements described in division (B) of this section is the	20047
purchase price of $1,480,000.00, which shall be paid by the City	20048
of Columbus in certain roadway enhancements as described in a real	20049
estate purchase contract dated May 12, 2003.	20050

(D) Upon completion of the roadway enhancements described in	20051
division (C) of this section, the Auditor of State, with the	20052
assistance of the Attorney General, shall prepare a deed to the	20053
real estate described in division (A) of this section and a deed	20054
to the easements described in division (B) of this section. The	20055
deeds shall state the consideration. The deeds shall be executed	20056
by the Governor in the name of the state, countersigned by the	20057
Secretary of State, sealed with the Great Seal of the State,	20058
presented in the Office of the Auditor of State for recording, and	20059
delivered to the City of Columbus. The City of Columbus shall	20060
present the deeds for recording in the Office of the Franklin	20061
County Recorder.	20062

(E) The City of Columbus shall pay the costs of the	20063
conveyances described in divisions (A) and (B) of this section.	20064

(F) This section expires one year after its effective date.

20065

Section 525.90. (A) The Governor is hereby authorized to	20066
execute a deed in the name of the state conveying to the City of	20067
Columbus, and its successors and assigns, all of the state's	20068
right, title, and interest in the following described real estate:	20069

PARCEL 7-WD (0.010 Ac.)

20070

Situated in the State of Ohio, County of Franklin, City of	20071
Columbus, Section 3, Township 1, Range 18, United States Military	20072
Lands, and being part of Lots 3, 4, 5, and 6 of the Jacob Weber	20073
Place subdivision, of record in Plat Book 17, Pages 28 and 29,	20074
said Lots 3, 4, 5, and 6 also being described in a deed to the	20075
State of Ohio, of record in Official Record 16902 B17, all records	20076
are on file in the Recorder's Office, Franklin County, Ohio, all	20077
stations and offsets reference the Centerline Survey Plat of Lane	20078
Avenue prepared by ms consultants, inc. for the City of Columbus,	20079
said Parcel 7-WD being more particularly described as follows:	20080

Beginning for Reference at the centerline intersection of Tuttle	20081
Park Place and West Lane Avenue, being at Centerline Station	20082
68+12.54;	20083

Thence North 86°20'57" West, along the centerline of West Lane	20084
Avenue, a distance of 119.68 feet to a point, being at Centerline	20085
Station 66+92.86;	20086

Thence North 3°39'03" East, a distance of 41.53 feet to a point at	20087
the southeast corner of said Lot 3, the southwest corner of Lot 2	20088
of said Jacob Weber Place subdivision, on the northerly line of	20089
West Lane Avenue, being 41.53 feet left of Station 66+92.86	20090
(witness an iron pin found 41.43' left of sta. 66+92.94), and	20091
being the True Place of Beginning;	20092

Thence North 86°17'18" West, along the southerly lines of said	20093
Lots 3, 4, 5, and 6, the northerly line of Lane Avenue, a distance	20094
of 184.44 feet to a point at the southwest corner of said Lot 6,	20095
the southeast corner of Lot 7 of said Jacob Weber Place	20096
subdivision, being 41.73 feet left of Station 65+08.41;	20097

Thence North 3°42'42" East, along the easterly line said Lot 7,	20098
the westerly line of said Lot 6, a distance of 2.27 feet to a	20099
point, being 44.00 feet left of Station 65+08.42;	20100

Thence South 86°20'57" East, passing through said Lots 3, 4, 5,	20101
and 6, a distance of 184.44 feet to a point on the easterly line	20102
of said Lot 3, on the westerly line of said Lot 2, being 44.00	20103
feet left of Station 66+92.86;	20104

Thence South 3°42'42" West, along the easterly line of said Lot 3,	20105
the westerly line of said Lot 2, a distance of 2.47 feet to the	20106
True Place of Beginning, and containing 0.010 acres of land.	20107

The bearings for this description are based on a bearing of North	20108
68°52'08" East from Franklin County control monument "ASTRO" to	20109
control monument "LANE" and are based on the NAD83 State Plane	20110
Coordinate System, Ohio South Zone.	20111

This description was prepared by ms consultants, inc. from an	20112
actual field survey (1995-1999) and existing records.	20113

(B) Consideration for the conveyance of the real estate	20114
described in division (A) of this section is the purchase price of	20115
$10,575.00.	20116

(C) Upon payment of the purchase price, the Auditor of State,	20117
with the assistance of the Attorney General, shall prepare a deed	20118
to the real estate described in division (A) of this section. The	20119
deed shall state the consideration. The deed shall be executed by	20120
the Governor in the name of the state, countersigned by the	20121
Secretary of State, sealed with the Great Seal of the State,	20122
presented in the Office of the Auditor of State for recording, and	20123
delivered to the City of Columbus. The City of Columbus shall	20124
present the deed for recording in the Office of the Franklin	20125
County Recorder.	20126

(D) The City of Columbus shall pay the costs of the	20127
conveyance described in division (A) of this section.	20128

(E) The net proceeds of the sale of the real estate described	20129
in division (A) of this section shall be deposited in the Ohio	20130
State University General Fund.	20131

(F) This section expires one year after its effective date.

20132

Section 527.10. (A) The Governor is hereby authorized to	20133
execute a deed in the name of the state conveying to a purchaser	20134
or purchasers, and the purchaser's or purchasers' successors and	20135
assigns or heirs and assigns, the state's right, title and	20136
interest in the following described real estate:	20137

Real estate situated in the County of Union, State of Ohio, and in	20138
the Township of Paris, and bounded and described as follows:	20139

Being part of Survey No. 3354, and bounded and described as	20140
follows:	20141

Beginning at a point in the center of the Marysville Milford	20142
Center Road (State Routes Nos. 4 and 36), point being the	20143
northerly corner of the Golda Dennis 0.50 acre tract; thence with	20144
the center line of said road North 44° 30' East 470.6 feet to a	20145
point; thence South 45° 30' East (passing over an iron pin at 30	20146
feet) 388.8 feet to an iron pin; thence South 11° 18' West 283.5	20147
feet to an iron pin; thence South 84° 03' West 317.2 feet to an	20148
iron pin at a corner post; thence with the northerly line of the	20149
said Dennis tract North 43° 28' West (passing over an iron pin at	20150
313 feet) 343 feet to the point of beginning.	20151

Containing 4.988 acres, more or less, but subject to the legal	20152
road right of way.	20153

Being a part of Tract I described in Union County Deed Record	20154
Volume 139 page 309.	20155

LAST DEED REFERENCE: VOLUME 206 PAGE 325, RECORDS OF UNION COUNTY,	20156
OHIO.	20157

(B) Consideration for the conveyance of the real estate	20158
described in division (A) of this section is the purchase price of	20159
$230,000.00.	20160

(C) Upon payment of the purchase price, the Auditor of State,	20161
with the assistance of the Attorney General, shall prepare a deed	20162
to the real estate described in division (A) of this section. The	20163
deed shall state the consideration. The deed shall be executed by	20164
the Governor in the name of the state, countersigned by the	20165
Secretary of State, sealed with the Great Seal of the State,	20166
presented in the Office of the Auditor of State for recording, and	20167
delivered to the purchaser or purchasers. The purchaser or	20168
purchasers shall present the deed for recording in the Office of	20169
the Union County Recorder.	20170

(D) The purchaser or purchasers shall pay the costs of the	20171
conveyance of the real estate described in division (A) of this	20172
section.	20173

(E) The net proceeds from the sale of the real estate	20174
described in division (A) of this section shall be deposited in	20175
the Ohio State University General Fund.	20176

(F) This section expires one year after its effective date.

20177

Section 527.20. (A) The Governor is hereby authorized to	20178
execute a deed in the name of the state conveying jointly to the	20179
Village of Apple Creek and the Board of Township Trustees of East	20180
Union Township, Wayne County, all of the state's right, title, and	20181
interest in the following described real estate:	20182

Parcel One

20183

Situated in the Township of East Union, County of Wayne, State of	20184
Ohio and known as being a part of the Southeast and Southwest	20185
Quarters of Section 16 and the Northeast and Northwest Quarters of	20186
Section 21, T-16N; R-12W, also known as being a part of lands	20187
conveyed to the State of Ohio in Volume 207, Page 223; Volume 207,	20188
Page 224; Volume 207, Page 228; Volume 207, Pages 226-227; and	20189
Volume 206, Page 454, of Wayne County Deed Records and further	20190
bounded and described as follows:	20191

Beginning at a 1" pipe found at the northwest corner of the	20192
Northwest Quarter of Section 21:	20193

1) Thence N 89° 19' 38" E along the section line and the southerly	20194
line of lands conveyed to Oris Earl and Dorothy Ellen Steiner	20195
in Volume 545; Page 386 of Wayne County Deed Records a	20196
distance of 1363.52 feet to a 1 1/2" pipe found at the	20197
southeast corner of Steiner;	20198

2) Thence N 00° 20' 53" E along the easterly line of said Steiner	20199
a distance of 70.00 feet to a 1" pipe found;	20200

3) Thence S 89° 49' 28" E, 809.75 feet to a 5/8" rebar with I.D.	20201
cap marked "S.J.L., INC." set on the westerly line of lands	20202
conveyed to Wayne County in Volume 720; Page 772 of Wayne	20203
County Deed Records;	20204

4) Thence S 00° 40' 22" E along the westerly line of said Wayne	20205
County a distance of 58.00 feet to a rebar over a stone found	20206
on the section line;	20207

5) Thence S 00° 40' 21" E along the westerly line of said Wayne	20208
County a distance of 240.00 feet to a 5/8" rebar found at the	20209
southwest corner thereof;	20210

6) Thence N 89° 18' 59" E along the southerly line of said Wayne	20211
County a distance of 550.13 feet to a 5/8" rebar found at the	20212
southeast corner;	20213

7) Thence N 00° 59' 39" E along the easterly line of said Wayne	20214
County a distance of 240.00 feet to a rebar over a stone	20215
found on the section line;	20216

8) Thence N 00° 23' 47" W along the easterly line of said Wayne	20217
County a distance of 113.44 feet to a 1" pipe found;	20218

9) Thence N 89° 18' 10" E along the southerly line of said Wayne	20219
County a distance of 521.12 feet to a 1" pipe found at the	20220
southeasterly corner thereof;	20221

10) Thence N 00º 36' 26" E along the easterly line of said Wayne	20222
County a distance of 150.61 feet to a 1" pipe found;	20223

11) Thence S 89° 00' 00" E along the southerly line of said Wayne	20224
County a distance of 291.03 feet to a 1" pipe found on the	20225
westerly line of lands conveyed to the Wayne County Fire	20226
Rescue Association in Volume 663; Page 123 of Wayne County	20227
Deed Records;	20228

12) Thence S 17° 31' 23" W along the westerly line of said Wayne	20229
County Fire Rescue Association and passing through a 5/8"	20230
rebar found at 268.87 feet on the section line a total	20231
distance of 662.32 feet to a 5/8" rebar found;	20232

13) Thence S 62° 13' 08" E, 51.88 feet to a 5/8" rebar found;

20233

14) Thence S 05° 53' 22" W along the westerly line of said Wayne	20234
County Fire Rescue Association a distance of 466.73 feet to a	20235
5/8" rebar found at a southwesterly corner thereof;	20236

15) Thence S 88° 16' 54" E along the southerly line of said Wayne	20237
County Fire Rescue Association a distance of 327.10 feet to a	20238
5/8" rebar found;	20239

16) Thence S 01° 39' 27" W along the westerly line of said Wayne	20240
County Fire Rescue Association a distance of 442.22 feet to a	20241
5/8" rebar found at the southwesterly corner thereof;	20242

17) Thence S 89° 04' 05" W, 137.09 feet to a 5/8" rebar with I.D.	20243
cap marked "S.J.L., INC." set;	20244

18) Thence S 00° 0' 05" W, 655.89 feet to a 5/8" rebar with I.D.	20245
cap marked "S.J.L., INC." set;	20246

19) Thence N 89° 58' 55" W, 1039.31 feet to a 5/8" rebar with I.D.	20247
cap marked "S.J.L., INC." set;	20248

20) Thence N 00° 01' 05" E, 274.73 feet to a 5/8" rebar with I.D.	20249
cap marked "S.J.L., INC." set;	20250

21) Thence S 86° 58' 55" W, 695.35 feet to a 5/8" rebar with I.D.	20251
cap marked "S.J.L., INC." set at a point of curvature;	20252

22) Thence northwesterly 166.81 feet along the arc of a curve	20253
deflecting to the right, said curve having a radius of 257.00	20254
feet, a central angle of 37° 11' 20" and a chord which bears	20255
N 74° 25' 25" W, 163.90 feet to a 5/8" rebar with I.D. cap	20256
marked "S.J.L., INC." set at a point of reverse curve;	20257

23) Thence northwesterly 60.37 feet along the arc of a curve	20258
deflecting to the left, said curve having a radius of 515.54	20259
feet, a central angle of 06° 42' 35" and a chord which bears	20260
N 59° 11' 02" W, 60.34 feet to a 5/8" rebar with I.D. cap	20261
marked "S.J.L., INC." set;	20262

24) Thence N 62° 32' 20" W, 267.57 feet to a 5/8" rebar with I.D.	20263
cap marked "S.J.L., INC." set at a point of curvature;	20264

25) Thence northwesterly 129.18 feet along the arc of a curve	20265
deflecting to the right, said curve having a radius of 219.70	20266
feet, a central angle of 33° 41' 22" and a chord which bears	20267
N 45° 41' 38" W, 127.33 feet to a 5/8" rebar with I.D. cap	20268
marked "S.J.L., INC." set at a point of reverse curve;	20269

26) Thence northwesterly 225.18 feet along the arc of a curve	20270
deflecting to the left, said curve having a radius of 932.78	20271
feet a central angle of 13° 49' 53" and a chord which bears N	20272
35° 45' 54" W, 224.63 feet to a 5/8" rebar with I.D. cap	20273
marked "S.J.L., INC." set at a point of compound curve;	20274

27) Thence northwesterly 375.09 feet along the arc of a curve	20275
deflecting to the left, said curve having a radius of 267.00	20276
feet, a central angle of 80° 29' 25" and a chord which bears	20277
N 82° 55' 33" W, 345.00 feet to a 5/8" rebar with I.D. cap	20278
marked "S.J.L., INC." set at a point of reverse curve;	20279

28) Thence southwesterly 306.27 feet long the arc of a curve	20280
deflecting to the right, said curve having a radius of	20281
1179.00 feet, a central angle of 14° 53' 02" and a chord	20282
which bears S 64° 16' 16" W, 305.41 feet to a 5/8" rebar with	20283
I.D. cap marked "S.J.L., INC." set;	20284

29) Thence S 71° 42' 47" W, 525.58 feet to a monument spike set on	20285
the section line and centerline of Apple Creek Road (C.R.	20286
44);	20287

30) Thence N 00° 00' 03" W along the section line and centerline	20288
of Apple Creek Road a distance of 1479.67 feet to the place	20289
of beginning and containing within said bounds 130.822 acres	20290
of land of which 1.191 acres are in the Southwest Quarter of	20291
Section 16, 2.861 acres are in the Southeast Quarter of	20292
Section 16, 35.159 acres are in the Northeast Quarter of	20293
Section 21 and 91.611 acres are in the Northwest Quarter of	20294
Section 21, more or less, and subject to all legal highways	20295
and easements of record.	20296

This description was prepared by Virgil D. Landis, P.S. #6551 from	20297
a survey made in April of 2000 by Shaffer, Johnston, Lichtenwalter	20298
& Associates, Inc. Bearings are based on the Section line between	20299
Sections 16 and 21, bearing N 89° 19' 38" E according to record	20300
survey "EE"-429.	20301

See Survey "QQ" Page 528.

20302

Excepting therefrom the following described parcel:

20303

Situated in the Township of East Union, County of Wayne, State of	20304
Ohio and being known as being a part of the Northeast Quarter of	20305
Section 21, T-16N, R-12W and also a part of lands of the State of	20306
Ohio as recorded in Official Record 207, Page 224 and being	20307
further bounded and described as follows:	20308

Commencing at an iron pin and stone found marking the northeast	20309
corner of the Northeast Quarter of Section 21;	20310

Thence S 86°05'34" W, 855.22 feet with the north line of said	20311
Quarter Section to a 5/8" rebar found on the east line of lands of	20312
The Wayne County Fire Rescue Assoc. as recorded in Volume 663,	20313
Page 123;	20314

Thence continuing S 86°05'34"W, 1147.11 feet to a 5/8" rebar found	20315
on the easterly line of the Grantor;	20316

Thence S 14°18'47"W, 388.24 feet with the west line of the Grantor	20317
to a 5/8" rebar found and being the principal place of beginning	20318
of the parcel herein described;	20319

1) Thence S 65°08'56"E with a northerly line of the Grantor a	20320
distance of 50.85 feet to a 5/8" rebar found;	20321

2) Thence S 02°40'46"W with an easterly line of the Grantor a	20322
distance of 471.99 feet to a 5/8" rebar found;	20323

3) Thence N 88°30'30"E, 327.08 feet with a northerly line of the	20324
Grantor a 5/8" rebar found;	20325

4) Thence S 01°32'02"E, 442.22 feet with an easterly line of the	20326
Grantor to a 5/8" rebar found;	20327

5) Thence S 85°51'29"W, 205.84 feet to a 5/8" rebar and cap set;

20328

6) Thence N 07°14'47"W, 112.61 feet to a 5/8" rebar and cap set;

20329

7) Thence N 85°10'27"W, 150.74 feet to a 5/8" rebar and cap set;

20330

8) Thence N 02°28'35"E, 773.07 feet to a 5/8" rebar and cap set;

20331

9) Thence N 30°49'40"W, 51.84 feet to the place of beginning and	20332
containing within said bounds 3.472 acres be the same more or	20333
less.	20334

Subject to all legal highways and easements of record. Basis of	20335
Bearings: Survey "JJ"-276. This description was prepared by Mark	20336
E. Purdy P.S. 7307 from a survey completed in July of 2005.	20337

Survey "SS"-779.

20338

Meaning to convey 127.350 acres

20339

Parcel No. 27-01866.000, 27-01867.000, 27-01876.000,	20340
27-__________.	20341

Parcel Two

20342

Situated in the Township of East Union, County of Wayne and State	20343
of Ohio and known as being a part of the southwest quarter of	20344
Section 21 and a part of the northwest quarter of Section 28,	20345
T-16N; R-12W and being further bounded and described as follows:	20346

Commencing at an iron pin found at the southwest corner of the	20347
southwest quarter of Section 21; thence N 89°42'44" E along the	20348
section line a distance of 691.84 feet to an iron pin set on the	20349
easterly line of the Apple Creek Cemetery and the principal place	20350
of beginning of the parcel herein described;	20351

1) Thence N 0°17'16" W, 70.85 feet to an iron pipe found;

20352

2) Thence N 89°42'44" E 76.56 feet to an iron pipe found;

20353

3) Thence N 01°17'16" W, 70.62 feet to an iron pipe found at the	20354
northeast corner of said cemetery;	20355

4) Thence N 89°42'44" E along the easterly prolongation of the	20356
northerly line of said cemetery 150.00 feet to an iron pin set;	20357

5) Thence S 13°49'14" W and passing through an iron pin set at	20358
145.87 feet on the section line a distance of 241.61 feet to a	20359
railroad spike set on the centerline of Church Street;	20360

6) Thence S 78°09'04" W along the centerline of Church Street	20361
171.14 feet to a railroad spike set at the southeast corner of the	20362
aforementioned cemetery;	20363

7) Thence N 0º17'6" W, 127.15 feet to the place of beginning and	20364
containing within said bounds 1.002 acres of land of which 0.554	20365
acre is in the southwest quarter of Section 21 and 0.448 acre is	20366
in the northwest quarter of Section 28 be the same more or less	20367
but subject to all legal highways.	20368

Survey "JJ"-200.

20369

Prior conveyance: Wayne County Deed Vol. 207, Pages 220, 228.

20370

Parcel No. 27-01877.003, 27-01877.000

20371

(B) Consideration for the conveyance of the real estate	20372
described in division (A) of this section is $420,000.00, as	20373
derived by mutual agreement reached between the Director of	20374
Administrative Services on behalf of the state, and the Village of	20375
Apple Creek and the Board of Township Trustees of East Union	20376
Township, Wayne County, through an executed Offer to Purchase.	20377

(C) Before the execution of the deed described in division	20378
(E) of this section, possession of the real estate described in	20379
division (A) of this section shall be governed by an existing	20380
interim lease between the Ohio Department of Administrative	20381
Services and the Village of Apple Creek and the Board of Township	20382
Trustees of East Union Township, Wayne County.	20383

(D) The deed described in division (E) of this section shall	20384
be subject to the following restrictions:	20385

(1) Until June 1, 2018, the Village of Apple Creek and the	20386
Board of Township Trustees of East Union Township, Wayne County,	20387
shall limit their usage, conveyance, or lease of the real estate	20388
described in division (A) of this section to a public purpose	20389
recognized by the Internal Revenue Service.	20390

(2) If the Village of Apple Creek or the Board of Township	20391
Trustees of East Union Township, Wayne County, breaches the	20392
restriction set forth in division (D)(1) of this section, they	20393
shall pay to the state a sum equal to the balance of the capital	20394
bond indebtedness of the Ohio Department of Mental Retardation and	20395
Developmental Disabilities for the Apple Creek Developmental	20396
Center that, at the time of the breach and as determined by the	20397
Office of Budget and Management, is attributable to the real	20398
estate described in division (A) of this section.	20399

(E) Upon payment of the purchase price, the Auditor of State,	20400
with the assistance of the Attorney General, shall prepare a deed	20401
to the real estate described in division (A) of this section. The	20402
deed shall state the consideration and the restrictions described	20403
in division (D) of this section. The deed shall be executed by the	20404
Governor in the name of the state, be countersigned by the	20405
Secretary of State, sealed with the Great Seal of the State, and	20406
presented for recording in the Office of the Auditor of State. The	20407
Village of Apple Creek and the Board of Township Trustees of East	20408
Union Township, Wayne County, shall present the deed for recording	20409
in the Office of the Wayne County Recorder.	20410

(F) The Village of Apple Creek and the Board of Township	20411
Trustees of East Union Township, Wayne County, shall pay the	20412
recordation and all other costs of the conveyance of the real	20413
estate described in division (A) of this section.	20414

(G) The net proceeds of the sale of the real estate described	20415
in division (A) of this section shall be deposited in the state	20416
treasury to the credit of Fund 33 Mental Health Improvement Fund.	20417

(H) This section expires one year after its effective date.

20418

Section 527.10. (A) The Governor is hereby authorized to	20419
execute a deed in the name of the state conveying to a purchaser	20420
or purchasers, and the purchaser's or purchasers' successors and	20421
assigns or heirs and assigns, the state's right, title and	20422
interest in the following described real estate:	20423

Real estate situated in the County of Union, State of Ohio, and in	20424
the Township of Paris, and bounded and described as follows:	20425

Being part of Survey No. 3354, and bounded and described as	20426
follows:	20427

Beginning at a point in the center of the Marysville Milford	20428
Center Road (State Routes Nos. 4 and 36), point being the	20429
northerly corner of the Golda Dennis 0.50 acre tract; thence with	20430
the center line of said road North 44° 30' East 470.6 feet to a	20431
point; thence South 45° 30' East (passing over an iron pin at 30	20432
feet) 388.8 feet to an iron pin; thence South 11° 18' West 283.5	20433
feet to an iron pin; thence South 84° 03' West 317.2 feet to an	20434
iron pin at a corner post; thence with the northerly line of the	20435
said Dennis tract North 43° 28' West (passing over an iron pin at	20436
313 feet) 343 feet to the point of beginning.	20437

Containing 4.988 acres, more or less, but subject to the legal	20438
road right of way.	20439

Being a part of Tract I described in Union County Deed Record	20440
Volume 139 page 309.	20441

LAST DEED REFERENCE: VOLUME 206 PAGE 325, RECORDS OF UNION COUNTY,	20442
OHIO.	20443

(B) Consideration for the conveyance of the real estate	20444
described in division (A) of this section is the purchase price of	20445
$230,000.00.	20446

(C) Upon payment of the purchase price, the Auditor of State,	20447
with the assistance of the Attorney General, shall prepare a deed	20448
to the real estate described in division (A) of this section. The	20449
deed shall state the consideration. The deed shall be executed by	20450
the Governor in the name of the state, countersigned by the	20451
Secretary of State, sealed with the Great Seal of the State,	20452
presented in the Office of the Auditor of State for recording, and	20453
delivered to the purchaser or purchasers. The purchaser or	20454
purchasers shall present the deed for recording in the Office of	20455
the Union County Recorder.	20456

(D) The purchaser or purchasers shall pay the costs of the	20457
conveyance of the real estate described in division (A) of this	20458
section.	20459

(E) The net proceeds from the sale of the real estate	20460
described in division (A) of this section shall be deposited in	20461
the Ohio State University General Fund.	20462

(F) This section expires one year after its effective date.

20463

Section 527.20. (A) The Governor is hereby authorized to	20464
execute a deed in the name of the state conveying jointly to the	20465
Village of Apple Creek and the Board of Township Trustees of East	20466
Union Township, Wayne County, all of the state's right, title, and	20467
interest in the following described real estate:	20468

Parcel One

20469

Situated in the Township of East Union, County of Wayne, State of	20470
Ohio and known as being a part of the Southeast and Southwest	20471
Quarters of Section 16 and the Northeast and Northwest Quarters of	20472
Section 21, T-16N; R-12W, also known as being a part of lands	20473
conveyed to the State of Ohio in Volume 207, Page 223; Volume 207,	20474
Page 224; Volume 207, Page 228; Volume 207, Pages 226-227; and	20475
Volume 206, Page 454, of Wayne County Deed Records and further	20476
bounded and described as follows:	20477

Beginning at a 1" pipe found at the northwest corner of the	20478
Northwest Quarter of Section 21:	20479

1) Thence N 89° 19' 38" E along the section line and the southerly	20480
line of lands conveyed to Oris Earl and Dorothy Ellen Steiner	20481
in Volume 545; Page 386 of Wayne County Deed Records a	20482
distance of 1363.52 feet to a 1 1/2" pipe found at the	20483
southeast corner of Steiner;	20484

2) Thence N 00° 20' 53" E along the easterly line of said Steiner	20485
a distance of 70.00 feet to a 1" pipe found;	20486

3) Thence S 89° 49' 28" E, 809.75 feet to a 5/8" rebar with I.D.	20487
cap marked "S.J.L., INC." set on the westerly line of lands	20488
conveyed to Wayne County in Volume 720; Page 772 of Wayne	20489
County Deed Records;	20490

4) Thence S 00° 40' 22" E along the westerly line of said Wayne	20491
County a distance of 58.00 feet to a rebar over a stone found	20492
on the section line;	20493

5) Thence S 00° 40' 21" E along the westerly line of said Wayne	20494
County a distance of 240.00 feet to a 5/8" rebar found at the	20495
southwest corner thereof;	20496

6) Thence N 89° 18' 59" E along the southerly line of said Wayne	20497
County a distance of 550.13 feet to a 5/8" rebar found at the	20498
southeast corner;	20499

7) Thence N 00° 59' 39" E along the easterly line of said Wayne	20500
County a distance of 240.00 feet to a rebar over a stone	20501
found on the section line;	20502

8) Thence N 00° 23' 47" W along the easterly line of said Wayne	20503
County a distance of 113.44 feet to a 1" pipe found;	20504

9) Thence N 89° 18' 10" E along the southerly line of said Wayne	20505
County a distance of 521.12 feet to a 1" pipe found at the	20506
southeasterly corner thereof;	20507

10) Thence N 00º 36' 26" E along the easterly line of said Wayne	20508
County a distance of 150.61 feet to a 1" pipe found;	20509

11) Thence S 89° 00' 00" E along the southerly line of said Wayne	20510
County a distance of 291.03 feet to a 1" pipe found on the	20511
westerly line of lands conveyed to the Wayne County Fire	20512
Rescue Association in Volume 663; Page 123 of Wayne County	20513
Deed Records;	20514

12) Thence S 17° 31' 23" W along the westerly line of said Wayne	20515
County Fire Rescue Association and passing through a 5/8"	20516
rebar found at 268.87 feet on the section line a total	20517
distance of 662.32 feet to a 5/8" rebar found;	20518

13) Thence S 62° 13' 08" E, 51.88 feet to a 5/8" rebar found;

20519

14) Thence S 05° 53' 22" W along the westerly line of said Wayne	20520
County Fire Rescue Association a distance of 466.73 feet to a	20521
5/8" rebar found at a southwesterly corner thereof;	20522

15) Thence S 88° 16' 54" E along the southerly line of said Wayne	20523
County Fire Rescue Association a distance of 327.10 feet to a	20524
5/8" rebar found;	20525

16) Thence S 01° 39' 27" W along the westerly line of said Wayne	20526
County Fire Rescue Association a distance of 442.22 feet to a	20527
5/8" rebar found at the southwesterly corner thereof;	20528

17) Thence S 89° 04' 05" W, 137.09 feet to a 5/8" rebar with I.D.	20529
cap marked "S.J.L., INC." set;	20530

18) Thence S 00° 0' 05" W, 655.89 feet to a 5/8" rebar with I.D.	20531
cap marked "S.J.L., INC." set;	20532

19) Thence N 89° 58' 55" W, 1039.31 feet to a 5/8" rebar with I.D.	20533
cap marked "S.J.L., INC." set;	20534

20) Thence N 00° 01' 05" E, 274.73 feet to a 5/8" rebar with I.D.	20535
cap marked "S.J.L., INC." set;	20536

21) Thence S 86° 58' 55" W, 695.35 feet to a 5/8" rebar with I.D.	20537
cap marked "S.J.L., INC." set at a point of curvature;	20538

22) Thence northwesterly 166.81 feet along the arc of a curve	20539
deflecting to the right, said curve having a radius of 257.00	20540
feet, a central angle of 37° 11' 20" and a chord which bears	20541
N 74° 25' 25" W, 163.90 feet to a 5/8" rebar with I.D. cap	20542
marked "S.J.L., INC." set at a point of reverse curve;	20543

23) Thence northwesterly 60.37 feet along the arc of a curve	20544
deflecting to the left, said curve having a radius of 515.54	20545
feet, a central angle of 06° 42' 35" and a chord which bears	20546
N 59° 11' 02" W, 60.34 feet to a 5/8" rebar with I.D. cap	20547
marked "S.J.L., INC." set;	20548

24) Thence N 62° 32' 20" W, 267.57 feet to a 5/8" rebar with I.D.	20549
cap marked "S.J.L., INC." set at a point of curvature;	20550

25) Thence northwesterly 129.18 feet along the arc of a curve	20551
deflecting to the right, said curve having a radius of 219.70	20552
feet, a central angle of 33° 41' 22" and a chord which bears	20553
N 45° 41' 38" W, 127.33 feet to a 5/8" rebar with I.D. cap	20554
marked "S.J.L., INC." set at a point of reverse curve;	20555

26) Thence northwesterly 225.18 feet along the arc of a curve	20556
deflecting to the left, said curve having a radius of 932.78	20557
feet a central angle of 13° 49' 53" and a chord which bears N	20558
35° 45' 54" W, 224.63 feet to a 5/8" rebar with I.D. cap	20559
marked "S.J.L., INC." set at a point of compound curve;	20560

27) Thence northwesterly 375.09 feet along the arc of a curve	20561
deflecting to the left, said curve having a radius of 267.00	20562
feet, a central angle of 80° 29' 25" and a chord which bears	20563
N 82° 55' 33" W, 345.00 feet to a 5/8" rebar with I.D. cap	20564
marked "S.J.L., INC." set at a point of reverse curve;	20565

28) Thence southwesterly 306.27 feet long the arc of a curve	20566
deflecting to the right, said curve having a radius of	20567
1179.00 feet, a central angle of 14° 53' 02" and a chord	20568
which bears S 64° 16' 16" W, 305.41 feet to a 5/8" rebar with	20569
I.D. cap marked "S.J.L., INC." set;	20570

29) Thence S 71° 42' 47" W, 525.58 feet to a monument spike set on	20571
the section line and centerline of Apple Creek Road (C.R.	20572
44);	20573

30) Thence N 00° 00' 03" W along the section line and centerline	20574
of Apple Creek Road a distance of 1479.67 feet to the place	20575
of beginning and containing within said bounds 130.822 acres	20576
of land of which 1.191 acres are in the Southwest Quarter of	20577
Section 16, 2.861 acres are in the Southeast Quarter of	20578
Section 16, 35.159 acres are in the Northeast Quarter of	20579
Section 21 and 91.611 acres are in the Northwest Quarter of	20580
Section 21, more or less, and subject to all legal highways	20581
and easements of record.	20582

This description was prepared by Virgil D. Landis, P.S. #6551 from	20583
a survey made in April of 2000 by Shaffer, Johnston, Lichtenwalter	20584
& Associates, Inc. Bearings are based on the Section line between	20585
Sections 16 and 21, bearing N 89° 19' 38" E according to record	20586
survey "EE"-429.	20587

See Survey "QQ" Page 528.

20588

Excepting therefrom the following described parcel:

20589

Situated in the Township of East Union, County of Wayne, State of	20590
Ohio and being known as being a part of the Northeast Quarter of	20591
Section 21, T-16N, R-12W and also a part of lands of the State of	20592
Ohio as recorded in Official Record 207, Page 224 and being	20593
further bounded and described as follows:	20594

Commencing at an iron pin and stone found marking the northeast	20595
corner of the Northeast Quarter of Section 21;	20596

Thence S 86°05'34" W, 855.22 feet with the north line of said	20597
Quarter Section to a 5/8" rebar found on the east line of lands of	20598
The Wayne County Fire Rescue Assoc. as recorded in Volume 663,	20599
Page 123;	20600

Thence continuing S 86°05'34"W, 1147.11 feet to a 5/8" rebar found	20601
on the easterly line of the Grantor;	20602

Thence S 14°18'47"W, 388.24 feet with the west line of the Grantor	20603
to a 5/8" rebar found and being the principal place of beginning	20604
of the parcel herein described;	20605

1) Thence S 65°08'56"E with a northerly line of the Grantor a	20606
distance of 50.85 feet to a 5/8" rebar found;	20607

2) Thence S 02°40'46"W with an easterly line of the Grantor a	20608
distance of 471.99 feet to a 5/8" rebar found;	20609

3) Thence N 88°30'30"E, 327.08 feet with a northerly line of the	20610
Grantor a 5/8" rebar found;	20611

4) Thence S 01°32'02"E, 442.22 feet with an easterly line of the	20612
Grantor to a 5/8" rebar found;	20613

5) Thence S 85°51'29"W, 205.84 feet to a 5/8" rebar and cap set;

20614

6) Thence N 07°14'47"W, 112.61 feet to a 5/8" rebar and cap set;

20615

7) Thence N 85°10'27"W, 150.74 feet to a 5/8" rebar and cap set;

20616

8) Thence N 02°28'35"E, 773.07 feet to a 5/8" rebar and cap set;

20617

9) Thence N 30°49'40"W, 51.84 feet to the place of beginning and	20618
containing within said bounds 3.472 acres be the same more or	20619
less.	20620

Subject to all legal highways and easements of record. Basis of	20621
Bearings: Survey "JJ"-276. This description was prepared by Mark	20622
E. Purdy P.S. 7307 from a survey completed in July of 2005.	20623

Survey "SS"-779.

20624

Meaning to convey 127.350 acres

20625

Parcel No. 27-01866.000, 27-01867.000, 27-01876.000,	20626
27-__________.	20627

Parcel Two

20628

Situated in the Township of East Union, County of Wayne and State	20629
of Ohio and known as being a part of the southwest quarter of	20630
Section 21 and a part of the northwest quarter of Section 28,	20631
T-16N; R-12W and being further bounded and described as follows:	20632

Commencing at an iron pin found at the southwest corner of the	20633
southwest quarter of Section 21; thence N 89°42'44" E along the	20634
section line a distance of 691.84 feet to an iron pin set on the	20635
easterly line of the Apple Creek Cemetery and the principal place	20636
of beginning of the parcel herein described;	20637

1) Thence N 0°17'16" W, 70.85 feet to an iron pipe found;

20638

2) Thence N 89°42'44" E 76.56 feet to an iron pipe found;

20639

3) Thence N 01°17'16" W, 70.62 feet to an iron pipe found at the	20640
northeast corner of said cemetery;	20641

4) Thence N 89°42'44" E along the easterly prolongation of the	20642
northerly line of said cemetery 150.00 feet to an iron pin set;	20643

5) Thence S 13°49'14" W and passing through an iron pin set at	20644
145.87 feet on the section line a distance of 241.61 feet to a	20645
railroad spike set on the centerline of Church Street;	20646

6) Thence S 78°09'04" W along the centerline of Church Street	20647
171.14 feet to a railroad spike set at the southeast corner of the	20648
aforementioned cemetery;	20649

7) Thence N 0º17'6" W, 127.15 feet to the place of beginning and	20650
containing within said bounds 1.002 acres of land of which 0.554	20651
acre is in the southwest quarter of Section 21 and 0.448 acre is	20652
in the northwest quarter of Section 28 be the same more or less	20653
but subject to all legal highways.	20654

Survey "JJ"-200.

20655

Prior conveyance: Wayne County Deed Vol. 207, Pages 220, 228.

20656

Parcel No. 27-01877.003, 27-01877.000

20657

(B) Consideration for the conveyance of the real estate	20658
described in division (A) of this section is $420,000.00, as	20659
derived by mutual agreement reached between the Director of	20660
Administrative Services on behalf of the state, and the Village of	20661
Apple Creek and the Board of Township Trustees of East Union	20662
Township, Wayne County, through an executed Offer to Purchase.	20663

(C) Before the execution of the deed described in division	20664
(E) of this section, possession of the real estate described in	20665
division (A) of this section shall be governed by an existing	20666
interim lease between the Ohio Department of Administrative	20667
Services and the Village of Apple Creek and the Board of Township	20668
Trustees of East Union Township, Wayne County.	20669

(D) The deed described in division (E) of this section shall	20670
be subject to the following restrictions:	20671

(1) Until June 1, 2018, the Village of Apple Creek and the	20672
Board of Township Trustees of East Union Township, Wayne County,	20673
shall limit their usage, conveyance, or lease of the real estate	20674
described in division (A) of this section to a public purpose	20675
recognized by the Internal Revenue Service.	20676

(2) If the Village of Apple Creek or the Board of Township	20677
Trustees of East Union Township, Wayne County, breaches the	20678
restriction set forth in division (D)(1) of this section, they	20679
shall pay to the state a sum equal to the balance of the capital	20680
bond indebtedness of the Ohio Department of Mental Retardation and	20681
Developmental Disabilities for the Apple Creek Developmental	20682
Center that, at the time of the breach and as determined by the	20683
Office of Budget and Management, is attributable to the real	20684
estate described in division (A) of this section.	20685

(E) Upon payment of the purchase price, the Auditor of State,	20686
with the assistance of the Attorney General, shall prepare a deed	20687
to the real estate described in division (A) of this section. The	20688
deed shall state the consideration and the restrictions described	20689
in division (D) of this section. The deed shall be executed by the	20690
Governor in the name of the state, be countersigned by the	20691
Secretary of State, sealed with the Great Seal of the State, and	20692
presented for recording in the Office of the Auditor of State. The	20693
Village of Apple Creek and the Board of Township Trustees of East	20694
Union Township, Wayne County, shall present the deed for recording	20695
in the Office of the Wayne County Recorder.	20696

(F) The Village of Apple Creek and the Board of Township	20697
Trustees of East Union Township, Wayne County, shall pay the	20698
recordation and all other costs of the conveyance of the real	20699
estate described in division (A) of this section.	20700

(G) The net proceeds of the sale of the real estate described	20701
in division (A) of this section shall be deposited in the state	20702
treasury to the credit of Fund 33 Mental Health Improvement Fund.	20703

(H) This section expires one year after its effective date.

20704

Section 527.30. (A) The Governor is hereby authorized to	20705
execute a deed in the name of the state conveying to the Three	20706
Rivers Fire District, and its successors and assigns, all of the	20707
state's rights, title, and interest in the following described	20708
real estate:	20709

Situated in the Township of Keene, County of Coshocton, State of	20710
Ohio, and being 3.440 acres, more or less, in Lot 19, Plat of	20711
Hamilton's Section, DR 6, page 62, in the Fourth Quarter, Township	20712
6 North, Range 6 West, United States Military Lands, conveyed to	20713
the State of Ohio, DR 283-536 (part), Parcel No. 017-09400062-00	20714
(part), and being more particularly described as follows:	20715

Commencing at a point at Station 111+50, Cos-36-20.74 R/W Plan,	20716
Limited Access, Plat Book 3, page 43;	20717

Thence, N. 13°03'14" E. a distance of 125.00' to a 5/8" rebar set	20718
on the North Line of said Limited Access, said rebar being the	20719
TRUE POINT OF BEGINNING:	20720

Thence, through the property of State of Ohio, DR 283-536 and with	20721
the North Line of said Limited Access, N. 80° 24' 39" W. a	20722
distance of 24.20 to a 5/8" rebar set;	20723

Thence, continuing through the property of State of Ohio, DR	20724
283-536, the following 3 courses:	20725

1. thence, N. 10° 55' 32" E. a distance of 76.65' to a 5/8" rebar	20726
set;	20727

2. thence, N. 69° 10' 06" E. a distance of 746.20' to a 5/8" rebar	20728
set;	20729

3. thence, S. 88° 51' 07" E. a distance of 130.41' to a 5/8" rebar	20730
set on the West right-of-way of State Road 621;	20731

Thence, continuing through the property of State of Ohio, Dr	20732
283-536, and with the West right-of-way line of State Road 621, S	20733
44° 44' 18" W. a distance of 461.28' to a 5/8" rebar set;	20734

Thence, continuing through the property of State of Ohio, DR	20735
283-536, and with the North line of said Limited Access, the	20736
following 2 courses:	20737

1. thence, S. 74° 02' 13" W. a distance of 296.88' to a 5/8" rebar	20738
set;	20739

2. thence, N. 72° 06' 38" W. a distance of 218.95' to the TRUE	20740
POINT OF BEGINNING, containing 3.440 acres, more or less, and is	20741
subject to all easement, rights-of-way, or restrictions, whether	20742
recorded or implied.	20743

Bearings are based on Plat Book 3, page 43 and are for angular	20744
calculations only.	20745

Prior Instrument Reference: Deed Book 283, page 536

20746

Parcel Number: 017-09400062-00

20747

(B) Consideration for the conveyance of the real estate	20748
described in division (A) of this section shall be a purchase	20749
price based upon an appraisal and be approved by the Board of	20750
Trustees of The Ohio State University. The Board of Trustees shall	20751
cause the real estate to be appraised by one or more disinterested	20752
persons at a fee determined by the Board of Trustees. Upon the	20753
Board of Trustees' approval of the appraised value, the Board of	20754
Trustees shall notify the Three Rivers Fire District in writing of	20755
the purchase price for the real estate.	20756

(C) Upon the Three Rivers Fire District's payment of the	20757
purchase price as determined in accordance with division (B) of	20758
this section for the real estate described in division (A) of this	20759
section, the Auditor of State, with the assistance of the Attorney	20760
General, shall prepare a deed to the real estate. The deed shall	20761
state the consideration. The deed shall be executed by the	20762
Governor in the name of the State, countersigned by the Secretary	20763
of State, sealed with the Great Seal of the State, presented in	20764
the Office of the Auditor of State for recording, and delivered to	20765
the Three Rivers Fire District. The Three Rivers Fire District	20766
shall present the deed for recording in the Office of the	20767
Coshocton County Recorder.	20768

(D) The net proceeds of the sale of the real estate described	20769
in division (A) of this section shall be deposited in The Ohio	20770
State University's Endowment Fund for the Ohio Agricultural	20771
Research and Development Center.	20772

(E) The Three Rivers Fire District shall pay the costs of	20773
conveying the real estate described in division (A) of this	20774
section, including advertising costs, appraisal fees, and other	20775
costs incident to the sale of the real estate.	20776

(F) This section expires one year after its effective date.

20777

Section 527.40. (A) The Governor is hereby authorized to	20778
execute a deed in the name of the state conveying to the Board of	20779
Education of the Columbus City School District, and its successors	20780
and assigns, all of the state's right, title, and interest in the	20781
following described real estate that was intended to have been	20782
conveyed to the Board of Education of the Columbus City School	20783
District, but was omitted from the description of certain of the	20784
real estate conveyed [Parcel No. 21302 (Parcel 1); Instrument No.	20785
200601240015294 in the Office of the Franklin County Recorder] to	20786
the Columbus Board of Education, in Section 6 of Sub. H.B. 139 of	20787
the 126th General Assembly:	20788

Situated in the County of Franklin, in the State of Ohio, and	20789
in the City of Columbus:	20790

Together with all right, title and interest in and to the	20791
(Ten) 10 foot alley vacated by the City of Columbus Ordinance No.	20792
70-54, passed February 8, 1954.	20793

Contained within Parcel No. 21302

20794

(B) The Auditor of State, with the assistance of the Attorney	20795
General, shall prepare a deed to the real estate described in	20796
division (A) of this section. The deed shall be executed by the	20797
Governor in the name of the state, countersigned by the Secretary	20798
of State, sealed with the Great Seal of the State, and presented	20799
for recording in the Office of the Auditor of State. The Board of	20800
Education of the Columbus City School District shall present the	20801
deed for recording in the Office of the Franklin County Recorder.	20802

(C) This section expires one year after its effective date.

20803

Section 527.50. (A) The Governor is hereby authorized to	20804
execute a deed in the name of the state conveying to a purchaser	20805
or purchasers, and the purchaser's or purchasers' heirs and	20806
assigns or successors and assigns, all of the state's right,	20807
title, and interest in the following described real estate:	20808

A parcel of land in the northwest quarter and northeast	20809
quarter of Section 16, Town 3, United States Reserve in the City	20810
of Toledo, Lucas County, Ohio, and being Lot 7 of the Lucas County	20811
Senior Citizens Complex Plat 1 as recorded in Plat Volume 110,	20812
Page 23, Lucas County Recorder's Office.	20813

Commencing at the north quarter corner of said Section 16;

20814

thence North 90 degrees 00 minutes 00 seconds West a distance	20815
of 33.79 feet along the north line of said Section 16, same being	20816
the centerline of Arlington Avenue, as it now exists, to the	20817
centerline of Detroit Avenue, as it now exists;	20818

thence South 26 degrees 18 minutes 17 seconds West a distance	20819
of 1332.31 feet along the said centerline of Detroit Avenue, as it	20820
now exists, to the intersection of said centerline of Detroit	20821
Avenue, as it now exists, with the westerly extension of a	20822
southerly line of said Lucas County Senior Citizens Complex Plat	20823
1;	20824

thence South 89 degrees 31 minutes 02 seconds East a distance	20825
of 55.55 feet along the westerly extension of a southerly line of	20826
said Lucas County Senior Citizens Complex Plat 1, to the easterly	20827
existing right of way line of Detroit Avenue, as it now exists,	20828
said point being a southwesterly corner of said Lucas County	20829
Senior Citizens Complex Plat 1;	20830

thence continuing South 89 degrees 31 minutes 02 seconds East	20831
a distance of 339.49 feet along a southerly line of said Lucas	20832
County Senior Citizens Complex Plat 1 to a point of deflection in	20833
said line;	20834

thence South 29 degrees 34 minutes 55 seconds East a distance	20835
of 248.26 feet along a southwesterly line of said Lucas County	20836
Senior Citizens Complex Plat 1 to a point of deflection in said	20837
line;	20838

thence North 60 degrees 25 minutes 05 seconds East a distance	20839
of 60.00 feet along a southeasterly line of said Lucas County	20840
Senior Citizens Complex Plat 1, to the southerly most corner of	20841
said Lot 7, said point being the TRUE POINT OF BEGINNING;	20842

thence North 29 degrees 34 minutes 55 seconds West a distance	20843
of 94.65 feet along a southwesterly line of said Lot 7, same being	20844
the easterly existing right of way line of Garden Lake Parkway, as	20845
it now exists, to a point;	20846

thence North 00 degrees 07 minutes 29 seconds East a distance	20847
of 102.88 feet along a westerly line of said Lot 7, same being an	20848
easterly line of a parcel of land owned by the State of Ohio as	20849
shown on said plat, to a corner of said Lot 7;	20850

thence North 89 degrees 31 minutes 02 seconds West a distance	20851
of 57.44 feet along a southerly line of said Lot 7, same being a	20852
northerly line of said parcel owned by the State of Ohio, to a	20853
corner of said Lot 7;	20854

thence northerly along a westerly line of said Lot 7, same	20855
being the easterly existing right of way line of Garden Lake	20856
Parkway, as it now exists, along a curve to the right having a	20857
radius of 120.82 feet, a central angle of 47 degrees 34 minutes 48	20858
seconds, an arc distance of 100.33 feet to a point of tangency,	20859
said curve having a chord direction of North 02 degrees 30 minutes	20860
52 seconds East and a chord length of 97.47 feet;	20861

thence North 26 minutes 18 minutes 17 seconds East a distance	20862
of 41.80 feet along a northwesterly line of said Lot 7 and	20863
easterly existing right of way line of Garden Lake Parkway, as it	20864
now exists, to a northwesterly corner of said Lot 7;	20865

thence South 63 degrees 41 minutes 43 seconds East a distance	20866
of 140.74 feet along a northerly line of said Lot 7, same being a	20867
southerly line of Lot 8 in said Lucas County Senior Citizens	20868
Complex Plat 1, to a corner of said Lot 7;	20869

thence North 44 degrees 56 minutes 46 seconds East a distance	20870
of 191.26 feet along an easterly line of said Lot 7, same being a	20871
southerly line of said Lot 8, to a northerly corner of said Lot 7;	20872

thence South 45 degrees 03 minutes 14 seconds East a distance	20873
of 262.84 feet along a northerly line of said lot 7, same being a	20874
southerly line of said Lot 8, to the northeasterly corner of said	20875
Lot 7;	20876

thence South 60 degrees 25 minutes 05 seconds West a distance	20877
of 421.04 feet along a southeasterly line of said Lot 7, same	20878
being a southeasterly line of said Lucas County Senior Citizens	20879
Complex Plat 1, to the TRUE POINT OF BEGINNING.	20880

The above described parcel contains 2.138 acres, more or less	20881
and is currently known as Lucas County Auditor's Number 09-85811	20882
and is subject to any and all leases, easements or restrictions of	20883
record.	20884

This description was prepared by Steven E. Anello and	20885
reviewed by Kenneth E. Ducat, Professional Surveyor Number 6783,	20886
DGL CONSULTING ENGINEERS, LLC, on September 21, 2006.	20887

The above description is based on the plat of Lucas County	20888
Senior Citizens Complex Plat 1 as recorded in Plat Volume 110,	20889
Page 23, Lucas County Recorder's Office. Bearings in this	20890
description are based on those shown on said plat and are used	20891
only for the purpose of describing angular measurements.	20892

(B) The Board of Trustees of the University of Toledo shall	20893
negotiate with any potential purchaser or purchasers of the real	20894
estate described in division (A) of this section and, in	20895
accordance with Chapter 3364. and any other applicable sections of	20896
the Revised Code and subject to division (C) of this section,	20897
contract for the sale and conveyance of that real estate to the	20898
grantee or grantees selected by the Board of Trustees.	20899

(C) Consideration for the conveyance of the real estate	20900
described in division (A) of this section shall be a purchase	20901
price that is determined by the Board of Trustees of the	20902
University of Toledo, but that is at least equal in amount to the	20903
appraised value of the real estate as approved by the Board of	20904
Trustees. The Board of Trustees shall cause the real estate to be	20905
appraised by one or more disinterested persons at a fee determined	20906
by the Board of Trustees. Upon the Board of Trustees' approval of	20907
the appraised value, the Board of Trustees shall notify the	20908
potential grantee or grantees of the real estate in writing of the	20909
purchase price for the real estate.	20910

(D) Upon the grantee's or grantees' payment of the purchase	20911
price as determined in accordance with division (C) of this	20912
section for the real estate described in division (A) of this	20913
section, the Auditor of State, with the assistance of the Attorney	20914
General, shall prepare a deed to the real estate. The deed shall	20915
state the consideration. The deed shall be executed by the	20916
Governor in the name of the State, countersigned by the Secretary	20917
of State, sealed with the Great Seal of the State, presented in	20918
the office of the Auditor of State for recording, and delivered to	20919
the grantee or grantees. The grantee or grantees shall present the	20920
deed for recording in the office of the Lucas County Recorder.	20921

(E) The net proceeds of the sale of the real estate described	20922
in division (A) of this section shall be paid to the General	20923
Revenue Fund.	20924

(F) Except as otherwise provided in this division, and unless	20925
otherwise specified in the contract for the sale and conveyance of	20926
the real estate described in division (A) of this section, the	20927
Board of Trustees of the University of Toledo shall pay the costs	20928
of the conveyance of the real estate. The grantee or grantees of	20929
the real estate shall pay the appraisal fee for the real estate.	20930

(G) This section shall expire one year after its effective	20931
date.	20932

Section 527.60. That Section 4 of Sub. H.B. 139 of the 126th	20933
General Assembly is hereby repealed.	20934

Section 606.03. The items of law of which the sections of law	20935
contained in this act are composed, and their applications, are	20936
independent and severable. If any item of law that constitutes the	20937
whole or part of a section of law contained in this act, or if any	20938
application of any item of law that constitutes the whole or part	20939
of a section of law contained in this act, is held invalid, the	20940
invalidity does not affect other items of law or applications of	20941
items of law that can be given effect without the invalid item of	20942
law or application.	20943

Section 609.03. An item of law that composes the whole or	20944
part of a section of law contained in this act that makes, or that	20945
provides for funding of, an appropriation or reappropriation of	20946
money has no effect after June 30, 2008, unless its context	20947
clearly indicates otherwise.	20948

Section 612.03. Except as otherwise specifically provided in	20949
this act, the amendment or enactment of the sections of law	20950
contained in this act, and the items of law of which the	20951
amendments or enactments are composed, are subject to the	20952
referendum. Therefore, under Ohio Constitution, Article II,	20953
Section 1c and section 1.471 of the Revised Code, the amendments	20954
or enactments, and the items of law of which the amendments or	20955
enactments are composed, take effect on the ninety-first day after	20956
this act is filed with the Secretary of State. If, however, a	20957
referendum petition is filed against any such amendment or	20958
enactment, or against any item of law of which any such amendment	20959
or enactment is composed, the amendment or enactment, or item,	20960
unless rejected at the referendum, takes effect at the earliest	20961
time permitted by law.	20962

Section 615.03. The amendment or enactment by this act of the	20963
sections of law listed in this section, and the items of law of	20964
which the amendments or enactments are composed, are not subject	20965
to the referendum. Therefore, under Ohio Constitution, Article II,	20966
Section 1d and section 1.471 of the Revised Code, the amendments	20967
or enactments, and the items of law of which the amendments or	20968
enactments are composed, go into immediate effect when this act	20969
becomes law.	20970

Sections 3333.34, 3706.01, 5111.88, 5119.611, 5727.84, and	20971
5919.31 of the Revised Code.	20972

The version of section 5502.62 of the Revised Code resulting	20973
from Section 101.01 of this act.	20974

Sections 203.12.06, 203.24, 203.27, 203.57, 203.81, 203.99,	20975
206.33, 206.66.06, 209.54, 209.63, 209.63.03, 209.63.30, 209.93,	20976
and 212.30 of Am. Sub. H.B. 66 of the 126th General Assembly.	20977

Sections 110.07, 110.08, 110.09, 235.60.70, 401.10, 401.11,	20978
405.10, 405.11, 405.16, 405.17, 411.10, 411.11, 501.10, 501.20,	20979
503.10, 507.10, 507.20, 509.10, 511.10, and 513.10 of this act.	20980

Sections 615.03, 615.09, and 623.03 of this act.

20981

Section 615.09. The amendment or enactment by this act of the	20982
sections of law listed in this section are not subject to the	20983
referendum. Therefore, under Ohio Constitution, Article II,	20984
Section 1d and section 1.471 of the Revised Code, the amendments	20985
or enactments, and the items of law of which amendments or	20986
enactments are composed, go into effect as specified in this	20987
section.	20988

Section 4919.76 of the Revised Code takes effect January 1,	20989
2007.	20990

The version of section 5502.62 of the Revised Code resulting	20991
from Sections 110.07 and 110.08 of this act takes effect April 1,	20992
2007.	20993

Section 618.03. The amendment or enactment by this act of the	20994
sections of law listed in this section provides for or is	20995
essential to implementation of a tax levy. Therefore, under Ohio	20996
Constitution, Article II, Section 1d, the amendments and	20997
enactments, and the items of which the amendments and enactments	20998
are composed, are not subject to the referendum and go into	20999
immediate effect when this act becomes law.	21000

Sections 133.07, 133.08, 133.20, 307.695, 5701.11, 5709.083,	21001
and 5739.09 of the Revised Code.	21002

Section 618.03 of this act.

21003

Section ___. (A) Except as otherwise provided in division (B)	21004
of this section, the amendments by this act to section 340.03 of	21005
the Revised Code are subject to the referendum. Therefore, under	21006
Ohio Constitution, Article II, Section 1c and section 1.471 of the	21007
Revised Code, the amendments take effect on the ninety-first day	21008
after this act is filed with the Secretary of State. If, however,	21009
a referendum petition is filed against the amendments, the	21010
amendments, unless rejected at the referendum, take effect at the	21011
earliest time permitted by law.	21012

(B) The amendments to division (A)(1)(c) of section 340.03 of	21013
the Revised Code beginning with the strike through of	21014
"Eligibility" and continuing through the third paragraph of that	21015
division created by the amendments and the amendments to division	21016
(A)(8)(a) of section 340.03 of the Revised Code are not subject to	21017
the referendum. Therefore, under Ohio Constitution, Article II,	21018
Section 1d and section 1.471 of the Revised Code, the amendments	21019
go into immediate effect.	21020

Section 621.03. The amendment of section 101.83 of the	21021
Revised Code is not intended to supersede the earlier repeal, with	21022
delayed effective date, of that section.	21023

Section 623.03. The General Assembly, applying the principle	21024
stated in division (B) of section 1.52 of the Revised Code that	21025
amendments are to be harmonized if reasonably capable of	21026
simultaneous operation, finds that the following sections,	21027
presented in this act as composites of the sections as amended by	21028
the acts indicated, are the resulting versions of the sections in	21029
effect prior to the effective date of the sections as presented in	21030
this act:	21031

Section 131.02 of the Revised Code as amended by both Sub.	21032
H.B. 390 and Am. Sub. H.B. 530 of the 126th General Assembly.	21033

Section 181.52 (5502.62) of the Revised Code as amended by	21034
both Sub. H.B. 4 and Am. Sub. H.B. 66 of the 126th General	21035
Assembly.	21036

Section 209.63 of Am. Sub. H.B. 66 of the 126th General	21037
Assembly, as amended by both Sub. H.B. 478 and Am. Sub. H.B. 530	21038
of the 126th General Assembly.	21039

The finding in this section takes effect at the same time as	21040
the section referenced in the finding takes effect.	21041